Helvetia Coal Company et al v. United Mine Workers of America, International Union
| CONSOL Amonate Facility, LLC, Laurel Run Mining Company, Helvetia Coal Company and Island Creek Coal Company |
| United Mine Workers of America, International Union |
| 1:2018cv01095 |
| June 28, 2018 |
| US District Court for the Southern District of West Virginia |
| Bluefield Office |
| XX US, Outside State |
| David A Faber |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1331 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 4, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 37 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: attys; any unrepresented party) (mk) |
| Filing 36 CASE TRANSFERRED IN from the Pennsylvania Western; Case Number 2:17-cv-01417. Original file certified copy of transfer order and docket sheet received. |
| CASE assigned to Judge David A. Faber. (klc) |
Filing 35
MEMORANDUM AND ORDER. The Court finds that the first-filed rule dictates that this action be transferred to the Southern District of West Virginia forthwith. The Court declines to consider the Union's arguments to dismiss Counts Three and Five. Therefore, Defendant's Motion to Dismiss or Transfer Jurisdiction (Doc. #28 ) is GRANTED insofar as the Clerk of Court is DIRECTED to TRANSFER this case to the United States District Court for the Southern District of West Virginia for consideration by that Court as to whether consolidation with United Mine Workers of America v. CONSOL Energy, Inc., 16-CV-12506 (S.D. W.Va.) is appropriate. Plaintiffs' Motion for Leave to File a Surreply, filed on June 14, 2018 (Doc. #33 ), is DENIED as moot. See contents of this filing. Signed by Judge Cathy Bissoon on 6/26/18. (rdl) Corrected on 6/27/2018 to include the word "forthwith." (rdl) (Main Document 35 replaced on 6/27/2018) (rdl). [Transferred from Pennsylvania Western on 6/28/2018.]
|
| Filing 34 RESPONSE to Motion re #33 MOTION for Leave to File Sur-Reply to Address Defendant UMWA's New Facts filed by UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. (Traynor, Arthur) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 33 MOTION for Leave to File Sur-Reply to Address Defendant UMWA's New Facts by CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY. (Attachments: #1 Exhibit Plaintiffs' Sur-Reply Addressing Defendant UMWA's New Facts, #2 Certificate of Service, #3 Proposed Order) (Woodrum, John) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 32 ANSWER to #25 Amended Complaint, by UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. (Traynor, Arthur) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 31 RESPONSE IN OPPOSITION to #28 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, Motion to Transfer Case, filed by CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order) (Woodrum, John) Modified on 1/31/2018 to edit docket text. (ksa) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 30 Proposed Order re #28 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, Motion to Transfer Case, by UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. (Traynor, Arthur) [Transferred from Pennsylvania Western on 6/28/2018.] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #28 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, Motion to Transfer Case. ERROR: Proposed Order was not attached. CORRECTION: Attorney Traynor is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (ksa) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 29 BRIEF in Support re #28 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, Motion to Transfer Case, Under the First Filed Rule filed by UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. (Attachments: #1 Exhibit November 10, 2106 ROD Filing, #2 Exhibit October 31, 2017 ROD Decision) (Traynor, Arthur) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Transfer Case Pursuant to the First-Filed Rule by UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. (Traynor, Arthur)[Transferred from Pennsylvania Western on 6/28/2018.] |
|
Filing 27
ORDER. At the request of counsel, Defendants' answer deadline is extended to 1/10/18. Signed by Judge Cathy Bissoon on 12/21/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kg) [Transferred from Pennsylvania Western on 6/28/2018.]
|
|
Filing 26
ORDER denying as moot #15 Motion to Dismiss. Given that Plaintiffs have filed an Amended Complaint pursuant to Fed. R. Civ. P. 15(a)(1)(B), Defendants' Motion to Dismiss (Doc. #15 ) is hereby DENIED AS MOOT. Defendants shall answer or otherwise respond to the Amended Complaint by 1/3/18. Signed by Judge Cathy Bissoon on 12/20/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kg) [Transferred from Pennsylvania Western on 6/28/2018.]
|
| Filing 25 AMENDED COMPLAINT against UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION, filed by HELVETIA COAL COMPANY, LAUREL RUN MINING COMPANY, CONSOL AMONATE FACILITY, LLC, ISLAND CREEK COAL COMPANY. (Attachments: #1 Exhibit 1) (Woodrum, John) [Transferred from Pennsylvania Western on 6/28/2018.] |
|
Filing 24
ORDER granting #23 Motion to Withdraw as Attorney. Attorney Michael J. Sweeney terminated. Signed by Judge Cathy Bissoon on 12/19/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kg) [Transferred from Pennsylvania Western on 6/28/2018.]
|
| Filing 23 MOTION to Withdraw as Attorney by CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY. (Attachments: #1 Proposed Order) (Sweeney, Michael) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 22 RESPONSE IN OPPOSITION to Motion to Dismiss, Motion to Dismiss for Failure to State a Claim, filed by CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order) (Woodrum, John) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 21 NOTICE of Appearance by Rodger L. Puz on behalf of CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY. (Puz, Rodger) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 20 Disclosure Statement identifying None as corporate parent or other affiliate, by UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. (Traynor, Arthur) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 19 Errata re #15 Motion to Dismiss/Lack of Jurisdiction, by UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. Reason for Correction: Added Signature of Filer. (Traynor, Arthur) [Transferred from Pennsylvania Western on 6/28/2018.] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #15 Motion to Dismiss/Lack of Jurisdiction. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney Traynor advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Dismiss for Improper Venue Pursuant to Rule 12(b)(3) and Motion to Dismiss for Failure to State a Claim. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE re #15 Motion to Dismiss/Lack of Jurisdiction. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney Traynor advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief In Support of Motions to Dismiss. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE re #15 Motion to Dismiss/Lack of Jurisdiction. ERROR: Signature on document and filer do not match. CORRECTION: Attorney Traynor advised of signature requirements. Attorney Traynor to resubmit the document using the Errata event. This message is for informational purposes only. (ksa) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 18 BRIEF in Support re Motion to Dismiss, Motion to Dismiss for Failure to State a Claim, #15 Motion to Dismiss/Lack of Jurisdiction, filed by UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. "Document previously filed electronically" (ksa) [Transferred from Pennsylvania Western on 6/28/2018.] |
| MOTION to Dismiss for Improper Venue pursuant to Rule 12(b)(3) re #1 Complaint, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. (Filed with document #15 ) (ksa) Modified on 11/29/2017 to add additional docket text. (ksa) [Transferred from Pennsylvania Western on 6/28/2018.] |
|
Filing 17
ORDER Response re #15 Motion to Dismiss. Consistent with the undersigned's Practices and Procedures (http://www.pawd.uscourts.gov/sites/pawd/files/JudgeBissoon-Chamber-Rules-Revised-20170214.pdf), Plaintiff's response is due by 12/18/2017. All future motions in this case will be governed by the undersigned's Practices and Procedures, and no briefing schedule will issue. If the parties consent to the jurisdiction of a magistrate judge in this case, the parties must file a stipulation consenting to such jurisdiction on or before 12/8/17. If any party declines to consent, no stipulation or other filing is required. Signed by Judge Cathy Bissoon on 11/28/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kg) [Transferred from Pennsylvania Western on 6/28/2018.]
|
|
Filing 16
ORDER granting #14 Motion for Arthur R. Traynor III to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 11/28/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kg) [Transferred from Pennsylvania Western on 6/28/2018.]
|
| Filing 15 MOTION to Dismiss for Lack of Jurisdiction Under the First Filed Rule by UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Traynor, Arthur) Modified on 11/29/2017 ERROR: MULTIPLE RELIEF DOCUMENT FILED AS ONE RELIEF; RE-FILED BY COURT. (ksa) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 14 MOTION for attorney Arthur R. Traynor III to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4542351) by UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order) (Traynor, Arthur) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 13 NOTICE of Appearance by Michael J. Healey on behalf of UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. (Healey, Michael) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 12 NOTICE of Appearance by Megan M. Block on behalf of UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION. (Block, Megan) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 11 SUMMONS/Return of Service Returned Executed by HELVETIA COAL COMPANY, LAUREL RUN MINING COMPANY, CONSOL AMONATE FACILITY, LLC, ISLAND CREEK COAL COMPANY. UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION served on 11/9/2017, answer due 11/30/2017. (Woodrum, John) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 10 AFFIDAVIT of Service for Summons, Complaint with Exhibit 1, Civil Cover Sheet, Order ECF No. #2 served on Cecil Roberts, President, United Mine Workers of America, International Union on November 8, 2017, filed by CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY. (Woodrum, John) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 9 Errata re #8 Amended Document PLAINTIFFS' AMENDED CORPORATE DISCLOSURE STATEMENT by CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY. Reason for Correction: Missing text within the body of Amended Corporate Disclosure Statement. (Attachments: #1 Exhibit 1) (Sweeney, Michael) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 8 AMENDED DOCUMENT PLAINTIFFS' CORPORATE DISCLOSURE STATEMENT by CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY. Amendment to #3 Disclosure Statement,. (Sweeney, Michael) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 7 Summons Issued as to UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION (gmp) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 6 PRAECIPE to Issue Summons by CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY (Attachments: #1 Summons to Charles F. Donnelly, #2 Summons to Cecil Roberts) (Woodrum, John) [Transferred from Pennsylvania Western on 6/28/2018.] |
|
Filing 5
ORDER granting #4 Motion for John R. Woodrum to Appear Pro Hac Vice. Signed by Judge Cathy Bissoon on 11/3/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kg) [Transferred from Pennsylvania Western on 6/28/2018.]
|
| Filing 4 MOTION for attorney John R. Woodrum to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4518933) by CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY. (Attachments: #1 Affidavit of John R. Woodrum, #2 Proposed Order) (Woodrum, John) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 3 Disclosure Statement identifying CONSOL Energy, Inc.; CNX Coal Resources LP; CONE Midstream Partners LP as corporate parent or other affiliate, by CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, LAUREL RUN MINING COMPANY. (Sweeney, Michael) [Transferred from Pennsylvania Western on 6/28/2018.] |
|
Filing 2
ORDER re Federal Rule of Civil Procedure 12(b) motions to dismiss, more fully stated in said order. Signed by Judge Cathy Bissoon on 11/2/17. (jhi) [Transferred from Pennsylvania Western on 6/28/2018.]
|
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 11/9/2017. (jv) [Transferred from Pennsylvania Western on 6/28/2018.] |
| Filing 1 COMPLAINT to Vacate an Arbitration Award against UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION (Filing fee, including Administrative fee, $400, receipt number 0315-4515348), filed by HELVETIA COAL COMPANY, LAUREL RUN MINING COMPANY, CONSOL AMONATE FACILITY, LLC, ISLAND CREEK COAL COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Summons for Arthur Traynor) (ksa) [Transferred from Pennsylvania Western on 6/28/2018.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
