Marshall County Coal Resources, Inc. et al v. Schrack et al
| Marshall County Coal Resources, Inc. and West Virginia Land Resources, Inc. |
| Andrew L. Schrack and Dana L. Schrack |
| 5:2023cv00341 |
| November 22, 2023 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
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| Filing 21 TRANSCRIPT of Proceedings held on 12/20/2023, before Judge Bailey. Court Reporter/Transcriber Cindy Knecht, Telephone number 304.234.3968. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days.. Redaction Request due 1/31/2024. Redacted Transcript Deadline set for 2/12/2024. Release of Transcript Restriction set for 4/9/2024. (ck) |
Filing 20
ORDER. The Motion #19 is GRANTED IN PART. The appraisal evaluations must be submitted on or before Monday, February 12, 2024. A hearing on damages which a jury will decide what the amount of fair market value the defendants are entitled to is hereby RESCHEDULED for Friday, February 23, 2024, at 9:00 a.m. Signed by District Judge John Preston Bailey on 1/09/2024. (ag)
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| Filing 19 Joint MOTION to Continue and for telephonic status conference by Andrew L. Schrack, Dana L. Schrack. (Miller, Matthew) |
| Filing 18 NOTICE by Andrew L. Schrack, Dana L. Schrack of election of jury hearing (Llaguno, Joy) |
| Filing 17 RESPONSE in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc.. (Hall, J.) |
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Filing 16
ORDER. Both parties must obtain appraisers to evaluate the property and provide a fair market value of the property being taken (this typically includes the damage to the residue); The appraisal evaluations must be submitted on or before Wednesday, January 31, 2024; Defendants have until on or before January 5, 2024 to inform this Court of their decision as to whether the hearing on damages will be before the undersigned or a jury; and A hearing on damages is SCHEDULED for Friday, February 16, 2024, at 10:00 a.m., at which the undersigned or a jury will decide what the amount of fair market value the defendants are entitled to. Signed by District Judge John Preston Bailey on 12/27/2023. (ag)
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| Filing 15 Memorandum in Support re #14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andrew L. Schrack, Dana L. Schrack. (Miller, Matthew) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 1/24/2024), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Andrew L. Schrack, Dana L. Schrack. (Miller, Matthew) |
| Filing 13 CLERK'S WITNESS AND EXHIBIT LIST: Attachments: #1 Exhibit 1, Map, #2 Exhibit 2, Letter, #3 Exhibit 3, Map, #4 Exhibit 4, Photo, #5 Exhibit 5, Map, #6 Exhibit 6, Letter/map, #7 Exhibit 7, Map, #8 Exhibit 8, Map, #9 Exhibit 9, Map, #10 Exhibit 10, Letter, #11 Exhibit 11, Deed, #12 Exhibit 12, Deed, #13 Exhibit 13, Deed, #14 Exhibit 15, Letter(bjt) |
| Filing 12 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. A Motion Hearing was held before District Judge John Preston Bailey on 12/20/2023 re #3 MOTION for Preliminary Injunction filed by West Virginia Land Resources, Inc., Marshall County Coal Resources, Inc. (Court Reporter Cindy Knecht.) (bjt) |
| Filing 11 NOTICE of Appearance by Matthew Miller on behalf of All Defendants (Miller, Matthew) |
| Filing 10 Memorandum in Opposition re #3 MOTION for Preliminary Injunction filed by Andrew L. Schrack, Dana L. Schrack. (Miller, Matthew) |
| Filing 9 Corporate Disclosure Statement by Marshall County Coal Resources, Inc. identifying Corporate Parent ACNR Resources, Inc., Corporate Parent ACNR Holdings, Inc., Corporate Parent American Consolidated Natural Resources, Inc., Corporate Parent Murray American Consolidated Natural Resources Holdings, Inc. for Marshall County Coal Resources, Inc... (Hall, J.) |
| Filing 8 Corporate Disclosure Statement by West Virginia Land Resources, Inc. identifying Corporate Parent ACNR Resources, Inc., Corporate Parent ACNR Holdings, Inc., Corporate Parent American Consolidated Natural Resources, Inc., Corporate Parent Murray American Consolidated Natural Resources Holdings, Inc. for West Virginia Land Resources, Inc... (Hall, J.) |
| Filing 7 SUMMONS Returned Executed as to Dana L. Schrack served on 11/30/2023. (Hall, J.) |
| Filing 6 SUMMONS Returned Executed as to Andrew L. Schrack served on 11/30/2023. (Hall, J.) |
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Filing 5
ORDER SETTING HEARING RE #3 MOTION for Preliminary Injunction ; Motion Hearing set for 12/20/2023 10:00 AM in Wheeling District Judge Courtroom, North before District Judge John Preston Bailey. Plaintiffs are REQUIRED to provide actual notice of this Order, their complaint, and the pending Motion and accompanying Memorandum of Law to defendants no later than December 13, 2023, and to file proof of said notice with this Court. Signed by District Judge John Preston Bailey on 11/28/2023. (ag)
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| Filing 4 Memorandum in Support re #3 MOTION for Preliminary Injunction filed by Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc.. (Hall, J.) |
| Filing 3 MOTION for Preliminary Injunction by Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Order)(Hall, J.) |
| Filing 1 COMPLAINT against Andrew L. Schrack, Dana L. Schrack, filed by West Virginia Land Resources, Inc., Marshall County Coal Resources, Inc.. Filing Fee $402. Receipt #AWVNDC-3830842. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet)(ag) |
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