Fitzwater et al v. CONSOL Energy, Inc. et al
Plaintiff: Benny Fitzwater and Clarence Bright
Defendant: CONSOL Energy, Inc., Consolidation Coal Co., Fola Coal Co., L.L.C. and Kurt Salvatori
Case Number: 2:2016cv09849
Filed: October 17, 2016
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: Clay
Presiding Judge: John T. Copenhaver
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29 U.S.C. ยง 1001
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
October 22, 2020 Opinion or Order Filing 262 MEMORANDUM OPINION AND ORDER The 231 Motion for Summary Judgment is granted as to Counts II, III, IV, V, and VI of the Casey complaint, and Counts II, III, IV, V, VI, and VII of the Fitzwater complaint; defendants' motion is granted as to Coun t I of both the Fitzwater and Casey complaints with respect to Salvatori, and otherwise denied as to Count I; defendants' motion is denied as to Count VII of the Casey complaint and Count VIII of the Fitzwater complaint. Signed by Senior Judge John T. Copenhaver, Jr. on 10/22/2020. (cc: counsel of record; any unrepresented party) (kew)
July 2, 2020 Opinion or Order Filing 244 MEMORANDUM OPINION AND ORDER denying 226 RENEWED MOTION for Class Certification. Signed by Senior Judge John T. Copenhaver, Jr. on 7/2/2020. (cc: counsel of record; any unrepresented party) (lca)
October 15, 2019 Opinion or Order Filing 203 MEMORANDUM OPINION AND ORDER The 155 Supplemental Motion by Clarence Bright, Emmett Casey, Jr., Benny Fitzwater, Connie Z. Gilbert, Allan H. Jack, Sr., Robert H. Long, Terry Prater to Certify Class is denied, as more fully set forth herein. Signed by Judge John T. Copenhaver, Jr. on 10/15/2019. (cc: counsel of record; any unrepresented parties) (ts)
September 30, 2019 Opinion or Order Filing 200 MEMORANDUM OPINION AND ORDER granting Plaintiff's 104 MOTION to Amend the Complaint of Emmett Casey, Jr.; granting Plaintiffs' 154 MOTION for Leave to File Excess Pages; denying defendants' 158 MOTION to Strike and MOTION t o Exclude Testimony; granting defendants' 159 MOTION for Leave to File Excess Pages; granting defendants' 161 MOTION to Correct; granting Plaintiff's 165 MOTION for Extension of Time to File Response in Opposition. Signed by Judge John T. Copenhaver, Jr. on 9/30/2019. (cc: attys; any unrepresented party) (tmr)
December 22, 2017 Opinion or Order Filing 90 MEMORANDUM OPINION AND ORDER pursuant to the motion to consolidate (Civil Action No. 1:17-cv-03861) and 85 Notice of filing of motion to consolidate Case No. 1:17-cv-03861 with Case No. 2:16-cv-09849; the court ORDERS that Casey, Civil Action 1:17-cv-03861, is consolidated with Fitzwater, Civil Action 2:16-cv-09849; the Fitzwater case is designated as the lead action, and all further filings shall be captioned and docketed in this case. Signed by Judge John T. Copenhaver, Jr. on 12/22/2017. (cc: counsel of record; any unrepresented parties) (taq)
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Plaintiff: Benny Fitzwater
Represented By: Samuel Brown Petsonk
Represented By: Bren J. Pomponio
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Plaintiff: Clarence Bright
Represented By: Samuel Brown Petsonk
Represented By: Bren J. Pomponio
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Defendant: CONSOL Energy, Inc.
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Defendant: Consolidation Coal Co.
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Defendant: Fola Coal Co., L.L.C.
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Defendant: Kurt Salvatori
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