Lowe et al v. Peabody Holding Company, LLC et al
Plaintiff: Hubert Lowe, Manuel Ojeda, Carl Egnor, James Smith, Kevin Luthy, Kevin Luthey, Ronald Pauley, Mark Aguilar, Mark Aquilar, Bruce Miller, Wesley Greenlee, Richard Cundiff and International Union, United Mine Workers of America
Defendant: Peabody Holding Company, LLC, Peabody Energy Corporation and Arch Coal, Inc.
Case Number: 2:2012cv06925
Filed: October 23, 2012
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: Logan
Presiding Judge: Joseph R Goodwin
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 7, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2014 Filing 92 RULE 42(b) MANDATE re: #87 Notice of Appeal to the 4CCA, in 4CCA Case No. 13-2216. This court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (tmr)
February 7, 2014 Opinion or Order Filing 91 ORDER OF 4CCA as to #87 Notice of Appeal to the 4CCA, dismissing said Appeal pursuant to FRAP 42(b). (tmr)
October 2, 2013 Filing 90 NOTICE OF APPELLATE CASE OPENING BY 4CCA re: #87 Notice of Appeal to the 4CCA, in 4CCA Case No. 13-2216. Case Manager: Cyndi Halupa. (tmr)
September 30, 2013 Filing 89 TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via NOTICE OF APPELLATE ACTION re: #87 Notice of Appeal to the 4CCA. (taq)
September 30, 2013 Opinion or Order Filing 88 ORDER Denying as moot Plaintiffs' #77 MOTION to Compel Production Responsive to Plaintiffs First Set of Document Requests From Defendants Peabody Holding Co., LLC and Peabody Energy Corp. Signed by Magistrate Judge Dwane L. Tinsley on 9/30/2013. (cc: attys) (tmr)
September 27, 2013 Filing 87 NOTICE OF APPEAL WITH FEE PAID by International Union, United Mine Workers of America, Mark Aguilar, Carl Egnor, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff as to #85 Order, #86 Judgment Order. Filing Fee $455. Receipt # 0425-2680259. (Traynor, Arthur) (Modified on 9/29/2013 to add party filers and links to # 85 and 86 orders) (skh).
September 27, 2013 Opinion or Order Filing 86 JUDGMENT ORDER In accordance with the accompanying Order, the Court dismisses this action with prejudice and directing that this case be stricken from the docket. Signed by Judge Joseph R. Goodwin on 9/27/2013. (cc: attys; any unrepresented party) (tmr)
September 27, 2013 Opinion or Order Filing 85 ORDER denying as moot Arch Coal, Inc.'s #26 MOTION to Dismiss Complaint; denying as moot Peabody Holding Company, LLC and Peabody Energy Corporation's #28 MOTION to Dismiss Complaint; denying as moot Peabody Holding Company, LLC, and Peabody Energy Corporation's #29 MOTION to Dismiss and Stay Complaint; granting Arch Coal, Inc's #41 MOTION to Dismiss Amended Complaint; granting Peabody Holding Company, LLC, and Peabody Energy Corporation's #45 Motion to Dismiss Second Amended Complaint; granting Peabody Holding Company, LLC, and Peabody Energy Corporation's #46 MOTION to Dismiss Second Amended Complaint; denying as moot Peabody Holding Company, LLC and Peabody Energy Corporation's #56 MOTION for Leave to Supplement the Record. Signed by Judge Joseph R. Goodwin on 9/27/2013. (cc: attys; any unrepresented party) (tmr)
September 6, 2013 Filing 84 REPLY by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff to #81 Response In Opposition. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mooney, John)
September 3, 2013 Filing 83 JOINT STATUS REPORT by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff, Peabody Holding Co., LLC, Peabody Energy Corp., Arch Coal Inc. (Mooney, John) (Modified on 9/3/2013 to add party filers) (skh).
August 30, 2013 Filing 82 CERTIFICATE OF SERVICE filed by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff for Plaintiffs' Objections and Responses to Arch Coal, Inc.'s Interrogatories(Pyles, Bradley) (Modified text on 9/6/2013 to conform to filed document) (taq).
August 28, 2013 Filing 81 RESPONSE by Peabody Energy Corporation, Peabody Holding Company, LLC in opposition to #77 MOTION by Plaintiffs to Compel Production Responsive to Plaintiffs' First Set of Document Requests from Defendants Peabody Holding Co., LLC, and Peabody Energy Corp. (Attachment: #1 Exhibit A)(Page, Wesley)
August 22, 2013 Opinion or Order Filing 80 ORDER directing that the parties meet at a mutually agreed upon time to discuss the status of this case and furnish a written status report on this conference to the court by 9/3/2013. Signed by Judge Joseph R. Goodwin on 8/22/2013. (cc: attys; any unrepresented party) (taq)
August 19, 2013 Filing 79 JOINT STIPULATION to preserve any objection Plaintiffs or Arch Coal, Inc. may have to Arch Coal, Inc.'s Responses and Objection to Plaintiffs' First Set of Document Requests or to Plaintiffs' Objections and Responses to Defendant Arch Coal, Inc.'s First Requests for Production, respectively, by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff, Arch Coal, Inc. (Mooney, John) (Modified on 8/19/2013 to add party filer) (skh).
August 14, 2013 MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: #77 MOTION by Plaintiffs to Compel Production Responsive to Plaintiffs' First Set of Document Requests from Defendants Peabody Holding Co., LLC, and Peabody Energy Corp. (skh)
August 14, 2013 Filing 78 MEMORANDUM by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff in support of #77 MOTION by Mark Aquilar, Carl Egnor, International Union, United MOTION by Mark Aquilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith to Compel Production Responsive to Plaintiffs' First Set of Document Requests from Defendants Peabody Holding Co., LLC, and Peabody Energy Corp. (Mooney, John)
August 14, 2013 Filing 77 MOTION by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff to Compel Production Responsive to Plaintiffs' First Set of Document Requests from Defendants Peabody Holding Co., LLC, and Peabody Energy Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Mooney, John)
August 14, 2013 Filing 76 JOINT STIPULATION re: Peabody Holding Co. LLC and Peabody Energy Corp.'s First Set of Document Requests or Defendant Peabody's Objections and Responses to Plaintiffs' First Set of Document Requests by Peabody Energy Corporation, Peabody Holding Company, LLC, Mark Aquilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith (Bonasso, Michael) (Modified on 8/15/2013 to add party filers) (skh).
August 7, 2013 Filing 75 CERTIFICATE OF SERVICE filed by Peabody Energy Corporation, Peabody Holding Company, LLC for Notice of a Subpoena Duces Tecum to be Served on Patriot Coal Corporation (Page, Wesley)
July 19, 2013 Filing 74 CERTIFICATE OF SERVICE filed by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff for Plaintiffs' Objections and Responses to Defendant Arch Coal, Inc.'s First Requests for Production (Pyles, Bradley) (Modified on 7/29/2013 to remove excess text)(taq).
July 19, 2013 Filing 73 CERTIFICATE OF SERVICE filed by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff for Plaintiffs' Objections and Responses to Defendants Peabody Holding Company, LLC, and Peabody Energy Corp.'s First Set of Document Requests (Pyles, Bradley) (Modified on 7/29/2013 to remove excess text) (taq).
July 18, 2013 Filing 72 CERTIFICATE OF SERVICE filed by Arch Coal, Inc. for Defendant Arch Coal Inc.'s Responses and Objections to Plaintiffs' First Set of Document Requests (Madden, Darci) (Modified on 7/29/2013 to remove excess text) (taq).
July 15, 2013 Filing 71 CERTIFICATE OF SERVICE filed by Peabody Energy Corporation, Peabody Holding Company, LLC for Responses and Objections to Plaintiffs' First Set of Document Requests (Page, Wesley)
July 8, 2013 Filing 70 CORPORATE DISCLOSURE STATEMENT by Peabody Energy Corporation, Peabody Holding Company, LLC (Bonasso, Michael)
June 24, 2013 Filing 69 CERTIFICATE OF SERVICE filed by Arch Coal, Inc. for Defendant Arch Coal, Inc.'s First Requests for Production to Plaintiffs and Defendant Arch Coal, Inc.'s Interrogatories to Plaintiffs (Madden, Darci) (Modified text to conform to filed document on 7/3/2013) (taq).
June 13, 2013 Filing 68 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Wesley P. Page on behalf of Peabody Energy Corporation, Peabody Holding Company, LLC. (Page, Wesley)
June 11, 2013 Filing 67 CERTIFICATE OF SERVICE filed by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff for Plaintiffs' First Set of Document Requests to the Peabody Defendants (Pyles, Bradley)
June 10, 2013 Filing 66 CERTIFICATE OF SERVICE filed by Peabody Energy Corporation, Peabody Holding Company, LLC for Defendants Peabody Holding Co., LLC's and Peabody Energy Corporation's First Set of Document Requests (Bonasso, Michael)
May 2, 2013 Filing 65 EMAIL NOTIFICATION to Judith Rivlin with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: #1 Clerk's Notice) (jkk)
May 1, 2013 Opinion or Order Filing 64 ORDER granting #60 MOTION to Withdraw as Counsel and permitting Grant Crandall to withdraw as counsel of record for plaintiffs . Signed by Judge Joseph R. Goodwin on 5/1/2013. (cc: attys; any unrepresented party) (tmr)
April 30, 2013 Filing 63 CERTIFICATE OF SERVICE filed by Arch Coal, Inc. for Initial Disclosures (Madden, Darci)
April 30, 2013 Filing 62 CERTIFICATE OF SERVICE filed by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff for Certificate of Service (Mooney, John)
April 30, 2013 Filing 61 CERTIFICATE OF SERVICE by Peabody Energy Corporation, Peabody Holding Company, LLC for Rule 26(a)(1) Initial Disclosures. (Bonasso, Michael)
April 30, 2013 Filing 60 MOTION by Bradley J. Pyles for Grant Crandall for Leave to Withdraw as Counsel on behalf of Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff. (Attachment: #1 Proposed Order)(Pyles, Bradley) (Modified text for clarity on 4/30/2013) (skh).
April 30, 2013 Filing 59 STATEMENT OF VISITING ATTORNEY from Judith Rivlin on behalf of Manuel Ojeda, Mark Aguilar, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Ronald Pauley, James Smith, Carl Egnor, Wesley Greenlee, Richard Cundiff. Local Counsel: Bradley J. Pyles. Fee $50.00. Receipt # 0425-2382990. (Pyles, Bradley)
April 23, 2013 Filing 58 RESPONSE by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff to #56 MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC for Leave to Supplement the Record in support of their pending #46 MOTION to Dismiss or Stay #36 Amended Complaint Under Federal Rule of Civil Procedure 19 and CROSS-MOTION by Mark Aquilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith for Leave to Supplement the Record in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss and/or Stay this Litigation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pyles, Bradley) (Modified on 4/23/2013 to add plaintiffs' cross-motion) (skh).
April 22, 2013 Filing 57 CLERK'S ORDER WITHDRAWING AND TRANSFERRING REFERENCE TO UNITED STATES MAGISTRATE JUDGE. The referral of discovery matters is TRANSFERRED to the Honorable Dwane L. Tinsley, United States Magistrate Judge. Signed by Clerk of Court Teresa L. Deppner on 4/22/2013. (cc: Honorable Joseph R. Goodwin, U. S. District Judge, the Honorable Dwane L. Tinsley, U. S. Magistrate Judge, counsel of record, and any unrepresented party) (lca)
April 9, 2013 Filing 56 MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC for Leave to Supplement the Record in support of their pending #46 MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC to Dismiss or Stay #36 Amended Complaint Under Federal Rule of Civil Procedure 19 (Attachment: #1 Exhibit 1)(Bonasso, Michael)
March 26, 2013 Filing 55 STIPULATION REGARDING INITIAL DISCLOSURES by Peabody Energy Corporation, Peabody Holding Company, LLC, Arch Coal, Inc., Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff (Bonasso, Michael) (Modified on 3/26/2013 to add party filers) (skh).
March 15, 2013 Filing 54 REPLY by Arch Coal, Inc. to #49 Memorandum In Opposition. (Madden, Darci)
March 13, 2013 Filing 53 REPLY by Peabody Energy Corporation, Peabody Holding Company, LLC to #50 Memorandum In Opposition. (Bonasso, Michael) (Modified on 3/13/2013 to remove links to #45 and 46 motions) (skh).
March 12, 2013 Opinion or Order Filing 52 ORDER EXTENDING THE DEADLINE TO FILE REPLY BRIEFS granting defendant Arch Coal, Inc.'s #51 MOTION to extend the deadline for it to reply to plaintiff's opposition to Motions to Dismiss filed in this matter; extending the deadline for the defendants to file reply briefs to 3/15/2013. Signed by Judge Joseph R. Goodwin on 3/12/2013. (cc: attys) (taq)
March 11, 2013 Filing 51 MOTION by Arch Coal, Inc., Peabody Holding Company, LLC, Peabody Energy Corporation to Extend Deadline to File Reply Brief as to #49 Memorandum In Opposition to March 15, 2013 (Attachment: #1 Proposed Order Extending deadline)(Dailey, Anna) (Modified on 3/11/2013 to add party filer) (skh).
March 6, 2013 Filing 50 MEMORANDUM by Mark Aquilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith in opposition to #45 MOTION by Peabody Holding Company, LLC, and Peabody Energy Corporation to Dismiss #36 Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and #46 MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC to Dismiss or Stay #36 Amended Complaint Under Federal Rule of Civil Procedure 19 (Pyles, Bradley)
March 6, 2013 Filing 49 MEMORANDUM by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff in opposition to #41 MOTION by Arch Coal, Inc. to Dismiss #36 Amended Complaint (Pyles, Bradley)
February 26, 2013 Opinion or Order Filing 48 SCHEDULING ORDER directing that the scheduling conference previously scheduled is canceled; further directing that this case shall proceed as follows; amendment of pleadings and joinder of parties due by 4/30/2013; written discovery requests to be completed by 12/2/2013; expert witness list by parties bearing the burden of proof due by 11/18/2013, by party not bearing burden of proof due by 12/16/2013, and to solely contradict or rebut evidence due by 1/2/2014; deposition deadline and close of discovery by 1/15/2014; dispositive motions except those filed under Rule 12(b) due by 2/4/2014, with responses due by 2/18/2014, and replies due by 2/25/2014; hearing on motions for summary judgment set for 3/27/2014 at 10:00 AM in Charleston before Judge Joseph R. Goodwin; settlement meeting and mediation to be concluded by 4/7/2014; plaintiffs' portion of proposed pretrial order to defendants due by 4/11/2014; proposed integrated pretrial order due by 4/18/2014; pretrial conference set for 4/28/2014 at 10:00 AM in Charleston before Judge Joseph R. Goodwin; proposed findings of fact and conclusions of law due by 5/19/2014; bench trial set for 5/27/2014 at 8:30 AM in Charleston before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 2/26/2013. (cc:attys; any unrepresented party) (lca)
February 20, 2013 Filing 47 MEMORANDUM by Peabody Energy Corporation, Peabody Holding Company, LLC in support of #45 and #46 Motions to Dismiss or Stay (Bonasso, Michael)
February 20, 2013 Filing 46 MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC to Dismiss or Stay #36 Amended Complaint Under Federal Rule of Civil Procedure 19 (Bonasso, Michael) (Modified text for clarity, to add motion to stay and to add link to #36 amended complaint on 2/20/2013) (skh).
February 20, 2013 Filing 45 MOTION by Peabody Holding Company, LLC, and Peabody Energy Corporation to Dismiss #36 Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) (Bonasso, Michael) (Modified text for clarity and to add link to #36 amended complaint on 2/20/2013) (skh).
February 20, 2013 Filing 44 AMENDED CERTIFICATE OF SERVICE filed by Arch Coal, Inc. for Memorandum In Support of Arch Coal, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint (Dailey, Anna) (Modified on 2/28/2013 to add "amended") (taq).
February 20, 2013 Filing 43 AMENDED CERTIFICATE OF SERVICE filed by Arch Coal, Inc. for Arch Coal, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint (Dailey, Anna) (Modified on 2/28/2013 to add "amended")(taq).
February 20, 2013 Filing 42 MEMORANDUM by Arch Coal, Inc. in support of #41 MOTION by Arch Coal, Inc. to Dismiss #36 Amended Complaint (Dailey, Anna)
February 20, 2013 Filing 41 MOTION by Arch Coal, Inc. to Dismiss #36 Amended Complaint (Dailey, Anna)
February 13, 2013 Filing 40 RULE 26(f) REPORT OF PLANNING MEETING by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff Peabody Holding Company, Peabody Energy Corp., Arch Coal, Inc. (Attachment: #1 Discovery Plan)(Pyles, Bradley) (Modified on 2/13/2013 to add party filers) (skh).
January 30, 2013 Filing 39 SECOND AMENDED COMPLAINT FOR DECLARATORY RELIEF AND INTERFERENCE WITH PROTECTED RIGHTS UNDER SECTION 510 OF ERISA by Manuel Ojeda, Mark Aguilar, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Ronald Pauley, James Smith, Carl Egnor, Wesley Greenlee, Richard Cundiff against Arch Coal, Inc., Peabody Energy Corporation, Peabody Holding Company, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48) (tmh)
January 30, 2013 Opinion or Order Filing 38 ORDER granting plaintiff's #37 MOTION for Leave to File Second Amended Complaint. Signed by Judge Joseph R. Goodwin on 1/30/2013. (cc: attys; any unrepresented party) (tmh)
January 29, 2013 Filing 37 MOTION by Mark Aguilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff for Leave to File Corrected #36 Amended Complaint (Attachments: #1 Corrected Amended Complaint, #2 Proposed Order)(Pyles, Bradley)
January 28, 2013 Filing 36 AMENDED COMPLAINT by Manuel Ojeda, Mark Aguilar, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthy, Bruce Miller, Ronald Pauley, James Smith, Wesley Greenlee, Richard Cundiff and Carl Egnor against Arch Coal, Inc., Peabody Energy Corporation, Peabody Holding Company, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48) (jap)
January 22, 2013 Filing 35 EMAIL NOTIFICATION to Darci F. Madden with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: #1 Clerk's Notice) (jkk) Modified on 1/22/2013. (jkk)
January 17, 2013 Filing 34 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Thomas V. Flaherty on behalf of Peabody Energy Corporation, Peabody Holding Company, LLC. (Flaherty, Thomas)
January 17, 2013 Filing 33 STATEMENT OF VISITING ATTORNEY from Darci F. Madden on behalf of Arch Coal, Inc. Local counsel: Anna M. Dailey. Fee $50.00. Receipt # 0425-2180031. (Dailey, Anna)
January 15, 2013 Opinion or Order Filing 32 ORDER granting in part and denying in part #31 MOTION to Modify Briefing and Discovery Schedule. January 28, 2013: Deadline for plaintiffs to file their amended complaint. February 20, 2013: Deadline for defendants to file new motions to dismiss or stand on their previous motions. March 6, 2013: Deadline for plaintiffs to respond to the motions to dismiss. March 13, 2013: Deadline for defendants to reply to the responses. Signed by Judge Joseph R. Goodwin on 1/15/2013. (cc: attys; any unrepresented party) (tmr)
January 14, 2013 Filing 31 UNOPPOSED MOTION by Mark Aquilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith to Modify Briefing and Discovery Schedule re: #17 Order and Notice (Attachment: #1 Proposed Order)(Pyles, Bradley)
January 7, 2013 Filing 30 MEMORANDUM by Peabody Energy Corporation, Peabody Holding Company, LLC in support of #29 MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC to Dismiss #1 Complaint or MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC to Stay Under Federal Rule of Civil Procedure 19 (Bonasso, Michael)
January 7, 2013 Filing 29 MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC to Dismiss #1 Complaint or MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC to Stay Under Federal Rule of Civil Procedure 19 (Bonasso, Michael)
January 7, 2013 Filing 28 MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC to Dismiss #1 Complaint Under Federal Rule of Civil Procedure 12(b)(6) (Bonasso, Michael)
January 7, 2013 Filing 27 MEMORANDUM by Arch Coal, Inc. in support of #26 MOTION by Arch Coal, Inc. to Dismiss #1 Complaint (Dailey, Anna)
January 7, 2013 Filing 26 MOTION by Arch Coal, Inc. to Dismiss #1 Complaint (Dailey, Anna)
January 3, 2013 Opinion or Order Filing 25 ORDER granting defendants' #23 MOTION for Leave to Exceed Page Limit. Signed by Judge Joseph R. Goodwin on 1/3/2013. (cc: attys; any unrepresented party) (tmr)
January 3, 2013 Filing 24 RESPONSE by Mark Aquilar, Carl Egnor, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Manuel Ojeda, Ronald Pauley, James Smith to #23 MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC for Leave to Exceed Page Limitation for memorandum in support of motion to dismiss and/or stay. (Pyles, Bradley) (Modified on 1/4/2013 to remove excess text) (skh).
December 28, 2012 Filing 23 MOTION by Peabody Energy Corporation, Peabody Holding Company, LLC for Leave to Exceed Page Limitation for memorandum in support of motion to dismiss and/or stay (Attachment: #1 Proposed Order)(Bonasso, Michael) (Modified text for clarity on 12/30/2012) (skh).
December 18, 2012 Filing 22 EMAIL NOTIFICATION to Evan Miller, Sara Rachel Pikofsky, Shay Dvoretzky with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: #1 Clerk's Notice) (jkk) (Attachment 1 replaced on 12/18/2012 to correct case number). (jkk
December 17, 2012 Filing 21 STATEMENT OF VISITING ATTORNEY from Evan Miller on behalf of Peabody Energy Corporation, Peabody Holding Company, LLC. Local counsel: Michael Bonasso. Fee $50.00. Receipt # 0425-2131531. (Bonasso, Michael)
December 17, 2012 Filing 20 STATEMENT OF VISITING ATTORNEY from Sara Rachel Pikofsky on behalf of Peabody Energy Corporation, Peabody Holding Company, LLC. Local counsel: Michael Bonasso. Fee $50.00. Receipt # 0425-2131520. (Bonasso, Michael)
December 17, 2012 Filing 19 STATEMENT OF VISITING ATTORNEY from Shay Dvoretzky on behalf of Peabody Energy Corporation, Peabody Holding Company, LLC. Local counsel: Michael Bonasso. Fee $50.00. Receipt # 0425-2131490. (Bonasso, Michael)
December 5, 2012 Filing 18 EMAIL NOTIFICATION to Jeffrey S. Russell with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: #1 Clerk's Notice) (jkk)
December 5, 2012 Opinion or Order Filing 17 ORDER AND NOTICE: Rule 12(b) Motions 1/7/2013. Rule 26(f) Meeting 2/6/2013. Last day to file report of Rule 26(f) Meeting 2/13/2013. Scheduling Conference at 09:00 AM on 2/27/2013 in Charleston. Entry of Scheduling Order 3/11/2013. Last Day to make Rule 26(a)(1) disclosures 3/15/2013. Signed by Judge Joseph R. Goodwin on 12/5/2012. (cc:attys; any unrepresented parties) (tmh)
December 4, 2012 Opinion or Order Filing 16 ORDER granting defendants' #14 MOTION to extend the deadline to move, plead, or otherwise respond to Plaintiffs' Complaint; Arch Coal, Inc. answer due 1/7/2013; Peabody Energy Corporation answer due 1/7/2013; Peabody Holding Company, LLC answer due 1/7/2013. Signed by Judge Joseph R. Goodwin on 12/4/2012. (cc: attys; any unrepresented party) (tmh)
December 4, 2012 Filing 15 STATEMENT OF VISITING ATTORNEY from Jeffrey S. Russell on behalf of Arch Coal, Inc. Local counsel: Anna M. Dailey. Fee $50.00. Receipt # 0425-2111566. (Dailey, Anna)
December 3, 2012 Filing 14 MOTION by Arch Coal, Inc., Peabody Energy Corporation, Peabody Holding Company, LLC to Extend Deadline to Respond to #1 Complaint to January 7, 2013 (Attachment: #1 Proposed Order)(Dailey, Anna) (Modified text for clarity and to add link to #1 complaint on 12/3/2012) (skh).
November 16, 2012 Filing 13 SUMMONS RETURNED EXECUTED for Peabody Holding Company, LLC, re: #1 Complaint. Peabody Holding Company, LLC served on 11/16/2012, answer due 12/7/2012. (Pyles, Bradley) Modified on 11/30/2012 to edit text for clarity (arb).
November 16, 2012 Filing 12 SUMMONS RETURNED EXECUTED for Peabody Energy Corporation re: #1 Complaint. Peabody Energy Corporation served on 11/16/2012, answer due 12/7/2012. (Pyles, Bradley) Modified on 11/30/2012 to add text for clarity (arb).
November 16, 2012 Filing 11 SUMMONS RETURNED EXECUTED for Arch Coal, Inc., re: #1 Complaint. Arch Coal, Inc. served on 11/16/2012, answer due 12/7/2012. (Pyles, Bradley) Modified on 11/30/2012 to edit text for clarity (arb).
November 5, 2012 Filing 10 EMAIL NOTIFICATION to Grant Crandall, John R. Mooney, Mark J. Murphy with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: #1 Clerk's Notice) (jkk)
November 2, 2012 Filing 9 STATEMENT OF VISITING ATTORNEY from Arthur Traynor on behalf of Manuel Ojeda, Mark Aquilar, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Ronald Pauley, James Smith, Carl Egnor. Local counsel: Bradley J. Pyles. Fee $50.00. Receipt # 0425-2066553. (Pyles, Bradley)
November 2, 2012 Filing 8 STATEMENT OF VISITING ATTORNEY from Mark J. Murphy on behalf of Manuel Ojeda, Mark Aquilar, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Ronald Pauley, James Smith, Carl Egnor. Local counsel: Bradley J. Pyles. Fee $50.00. Receipt # 0425-2066534. (Pyles, Bradley)
November 2, 2012 Filing 7 STATEMENT OF VISITING ATTORNEY from John R. Mooney on behalf of Manuel Ojeda, Mark Aquilar, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Ronald Pauley, James Smith, Carl Egnor. Local counsel: Bradley J. Pyles. Fee $50.00. Receipt # 0425-2066350. (Pyles, Bradley) (Modified on 11/3/2012 to correct the name of local counsel) (skh).
October 26, 2012 Filing 6 SUMMONS ISSUED by the Clerk on behalf of Manuel Ojeda, Mark Aquilar, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Ronald Pauley, James Smith, Carl Egnor for Arch Coal, Inc., Peabody Energy Corporation, Peabody Holding Company, LLC, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies for each defendant mailed to plaintiffs' attorney Bradley J. Pyles for service. (taq)
October 25, 2012 Filing 5 SUMMONS SUBMITTED by Manuel Ojeda, Mark Aquilar, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Ronald Pauley, James Smith, Carl Egnor for Arch Coal, Inc., re: #1 Complaint. (Pyles, Bradley)
October 25, 2012 Filing 4 SUMMONS SUBMITTED by Manuel Ojeda, Mark Aquilar, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Ronald Pauley, James Smith, Carl Egnor for Peabody Holding Company, LLC, re: #1 Complaint. (Pyles, Bradley)
October 25, 2012 Filing 3 SUMMONS SUBMITTED by Manuel Ojeda, Mark Aquilar, International Union, United Mine Workers of America, Hubert Lowe, Kevin Luthey, Bruce Miller, Ronald Pauley, James Smith, Carl Egnor for Peabody Energy Corporation, re: #1 Complaint. (Pyles, Bradley)
October 24, 2012 Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 2, 2010. This matter referred to Magistrate Judge Stanley for discovery. (cc:attys; any unrepresented party) (tmh)
October 23, 2012 CASE assigned to Judge Joseph R. Goodwin. (ras)
October 23, 2012 Filing 1 COMPLAINT FOR DECLARATORY RELIEF AND INTERFERENCE WITH PROTECTED RIGHTS UNDER SECTION 510 OF ERISA. Filing Fee $350.00. Receipt # 0425-2051059. (Attachment: #1 Civil Cover Sheet) (tmh)

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Search for this case: Lowe et al v. Peabody Holding Company, LLC et al
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Plaintiff: Hubert Lowe
Represented By: Charles F. Donnelly
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
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Plaintiff: Manuel Ojeda
Represented By: Charles F. Donnelly
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
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Plaintiff: Carl Egnor
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Charles F. Donnelly
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
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Plaintiff: James Smith
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Charles F. Donnelly
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Plaintiff: Kevin Luthy
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Charles F. Donnelly
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
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Plaintiff: Kevin Luthey
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Charles F. Donnelly
Represented By: Mark J. Murphy
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
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Plaintiff: Ronald Pauley
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Charles F. Donnelly
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
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Plaintiff: Mark Aguilar
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Charles F. Donnelly
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
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Plaintiff: Mark Aquilar
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Charles F. Donnelly
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
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Plaintiff: Bruce Miller
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Charles F. Donnelly
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
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Plaintiff: Wesley Greenlee
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Charles F. Donnelly
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
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Plaintiff: Richard Cundiff
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Charles F. Donnelly
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
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Plaintiff: International Union, United Mine Workers of America
Represented By: Arthur Traynor
Represented By: Bradley J. Pyles
Represented By: Charles F. Donnelly
Represented By: Grant Crandall
Represented By: John R. Mooney
Represented By: Judith E. Rivlin
Represented By: Mark J. Murphy
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Defendant: Peabody Holding Company, LLC
Represented By: Evan Miller
Represented By: Michael Bonasso
Represented By: Sara Rachel Pikofsky
Represented By: Shay Dvoretzky
Represented By: Tammy R. Harvey
Represented By: Thomas V. Flaherty
Represented By: Wesley P. Page
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Defendant: Peabody Energy Corporation
Represented By: Evan Miller
Represented By: Michael Bonasso
Represented By: Sara Rachel Pikofsky
Represented By: Shay Dvoretzky
Represented By: Tammy R. Harvey
Represented By: Thomas V. Flaherty
Represented By: Wesley P. Page
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Defendant: Arch Coal, Inc.
Represented By: Anna M. Dailey
Represented By: Darci F. Madden
Represented By: Forrest H. Roles
Represented By: Jeffrey S. Russell
Represented By: Mary Catherine Funk
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