Miller v. Kanawha Energy Company, LLC et al
| Rose Mary Miller |
| Alpha Appalachia Services, LLC, Alpha Natural Resources, LLC, National Union Fire Insurance Company of Pittsburgh, PA, Kanawha Energy Company, LLC and Spartan Mining Company, LLC |
| 2:2018cv01204 |
| August 1, 2018 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Boone |
| Joseph R Goodwin |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 28 MOTION by Rose Mary Miller to Strike #23 Reply Brief or, in the Alternative, for Leave to File Surreply (Attachment: #1 Exhibit 1)(Adams, Benjamin) |
Filing 27
SCHEDULING ORDER: Directing that the 9/27/2018 scheduling conference be cancelled; this case to proceed as follows: Joinder of Parties, amended pleadings due by 10/26/2018. Discovery requests to be completed by 3/15/2019. Expert Witness List by parties bearing the burden of proof due by 2/28/2019, by party not bearing burden of proof due by 4/1/2019, and to solely contradict or rebut evidence due by 4/15/2019. Deposition deadline and close of discovery by 4/29/2019. Dispositive Motions except those filed under Rule 12(b) due by 5/20/2019, with responses due by 6/3/2019 and replies due by 6/10/2019. Hearing on Motions for Summary Judgment set for 7/11/2019 at 4:00 p.m. in Charleston. Settlement meeting and mediation deadline by 7/22/2019. Motions in Limine to be filed by 7/29/2019, with responses due by 8/5/2019. Plaintiff's portion of proposed Pretrial Order to defendants due by 7/24/2019, and Proposed Integrated Pretrial Order due by 7/31/2019. Pretrial Conference set for 8/19/2019 at 2:00 p.m. in Charleston. Proposed Jury Charges due by 10/15/2019. Final Settlement Conference at 9:00 a.m. on 10/21/2019 in Charleston. Trial set for 10/22/2019 at 8:30 a.m. in Charleston before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 9/19/2018. (cc: counsel of record; any unrepresented parties) (taq)
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| Filing 26 RULE 26(f) REPORT OF PLANNING MEETING by Rose Mary Miller, Kanawha Energy Company, LLC, Spartan Mining Company, LLC, Alpha Appalachia Services, LLC, Alpha Natural Resources, LLC, National Union Fire Insurance Company of Pittsburgh, PA. (Attachment: #1 Proposed Order Regarding Form of Production and ESI)(McLaughlin, Alexander) (Modified on 9/19/2018 to add party filers) (kp). |
| Filing 25 REPLY by Rose Mary Miller to #19 Response In Opposition. (McLaughlin, Alexander) |
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Filing 24
ORDER GRANTING JOINT MOTION TO EXTEND DEADLINE FOR LAST DAY TO FILE REPORT OF RULE 26 (f) MEETING granting #21 JOINT MOTION to extend deadline for last day to file report of Rule 26(f) meeting and extends the deadline to 9/18/2018. Signed by Judge Joseph R. Goodwin on 9/14/2018. (cc: counsel of record) (taq)
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| Filing 23 REPLY BRIEF by National Union Fire Insurance Company of Pittsburgh, PA to #18 Response In Opposition. (Parker, Don) |
| Filing 22 MEMORANDUM OF LAW by National Union Fire Insurance Company of Pittsburgh, PA, Kanawha Energy Company, LLC, Spartan Mining Company, LLC, Alpha Appalachia Services, LLC, Alpha Natural Resources, LLC, Rose Mary Miller in support of #21 JOINT MOTION by National Union Fire Insurance Company of Pittsburgh, PA, Kanawha Energy Company, LLC, Spartan Mining Company, LLC, Alpha Appalachia Services, LLC, Alpha Natural Resources, LLC, Rose Mary Miller to Extend Time to File Report of Rule 26(f) Meeting to 9/18/2018 (Parker, Don) (Modified on 9/13/2018 to add party filers) (kp). |
| Filing 21 JOINT MOTION by National Union Fire Insurance Company of Pittsburgh, PA, Kanawha Energy Company, LLC, Spartan Mining Company, LLC, Alpha Appalachia Services, LLC, Alpha Natural Resources, LLC, Rose Mary Miller to Extend Time to File Report of Rule 26(f) Meeting to 9/18/2018 (Attachment: #1 Proposed Order)(Parker, Don) (Modified on 9/13/2018 to add party filers) (kp). |
| Filing 20 NOTICE of Scheduling Conflict by Rose Mary Miller (Adams, Benjamin) |
| Filing 19 RESPONSE by National Union Fire Insurance Company of Pittsburgh, PA in opposition to #16 MOTION by Rose Mary Miller to Remand Case to Circuit Court of Boone County (Parker, Don) |
| Filing 18 RESPONSE by Rose Mary Miller in opposition to #14 MOTION by National Union Fire Insurance Company of Pittsburgh, PA to Dismiss Complaint (Attachment: #1 Exhibit 1)(Adams, Benjamin) |
| Filing 17 MEMORANDUM by Rose Mary Miller in support of #16 MOTION by Rose Mary Miller to Remand Case to Circuit Court of Boone County (McLaughlin, Alexander) |
| Filing 16 MOTION by Rose Mary Miller to Remand Case to Circuit Court of Boone County (McLaughlin, Alexander) |
| Filing 15 MEMORANDUM by National Union Fire Insurance Company of Pittsburgh, PA in support of #14 MOTION by National Union Fire Insurance Company of Pittsburgh, PA to Dismiss Complaint. (Parker, Don) |
| Filing 14 MOTION by National Union Fire Insurance Company of Pittsburgh, PA to Dismiss Complaint Attached to #1 Notice of Removal. (Parker, Don) (Modified on 8/27/2018 to add link to #1 notice of removal) (kp). |
| Filing 13 MEMORANDUM OF LAW by National Union Fire Insurance Company of Pittsburgh, PA, Rose Mary Miller, Kanawha Energy Company, LLC, Spartan Mining Company, LLC, Alpha Appalachia Services, LLC, Alpha Natural Resources, LLC in support of #12 JOINT MOTION by National Union Fire Insurance Company of Pittsburgh, PA, Rose Mary Miller, Kanawha Energy Company, LLC, Spartan Mining Company, LLC, Alpha Appalachia Services, LLC, Alpha Natural Resources, LLC for Consolidation (Parker, Don) (Modified on 8/27/2018 to add party filers) (kp). |
| Filing 12 JOINT MOTION by National Union Fire Insurance Company of Pittsburgh, PA, Rose Mary Miller, Kanawha Energy Company, LLC, Spartan Mining Company, LLC, Alpha Appalachia Services, LLC, Alpha Natural Resources, LLC for Consolidation (Parker, Don) (Modified on 8/27/2018 to add party filers) (kp). |
| Filing 11 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Spartan Mining Company, LLC. (Anderson, Jonathan) (Modified on 8/20/2018 to add link to #1 notice of removal) (kp). |
| Filing 10 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Kanawha Energy Company, LLC. (Anderson, Jonathan) (Modified on 8/20/2018 to add link to #1 notice of removal) (kp). |
| Filing 9 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Alpha Natural Resources, LLC. (Anderson, Jonathan) (Modified on 8/20/2018 to add link to #1 notice of removal) (kp). |
| Filing 8 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Alpha Appalachia Services, LLC. (Anderson, Jonathan) (Modified on 8/20/2018 to add link to #1 notice of removal) (kp). |
| Filing 7 STIPULATION The time within which Defendants may answer, move, or otherwise respond to the Complaint attached to #1 Notice of Removal is extended to 8/17/2018 by Alpha Appalachia Services, LLC, Alpha Natural Resources, LLC, Kanawha Energy Company, LLC, Spartan Mining Company, LLC, Rose Mary Miller (Anderson, Jonathan) (Modified on 8/16/2018 to add link to #1 notice of removal and to add party filer) (kp). |
| Filing 6 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by National Union Fire Insurance Company of Pittsburgh, PA. (Parker, Don) (Modified on 8/9/2018 to add link to #1 notice of removal) (kp). |
| Filing 5 STIPULATION The time within which Defendants may answer, move, or otherwise respond to the Complaint attached to #1 Notice of Removal is extended to 8/15/2018 by Alpha Appalachia Services, LLC, Alpha Natural Resources, LLC, Kanawha Energy Company, LLC, Spartan Mining Company, LLC, Rose Mary Miller (Anderson, Jonathan) (Modified on 8/8/2018 to add link to #1 notice of removal and to add party filer) (kp). |
| SET ANSWER DEADLINES for Alpha Appalachia Services, LLC, Alpha Natural Resources, LLC, Kanawha Energy Company, LLC, Spartan Mining Company, LLC to 8/15/2018. (kp) |
| Filing 4 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant National Union Fire Insurance Company of Pittsburgh, PA (Parker, Don) |
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Filing 3
ORDER AND NOTICE: Rule 12(b) Motions 8/24/2018. Rule 26(f) Meeting 9/6/2018. Last day to file report of Rule 26(f) Meeting 9/13/2018. Scheduling Conference at 9:00 a.m. on 9/27/2018 in Charleston. Entry of Scheduling Order 10/2/2018. Last Day to make Rule 26(a)(1) disclosures 10/9/2018. Signed by Judge Joseph R. Goodwin on 8/3/2018. (cc: counsel of record; any unrepresented parties) (taq)
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| CASE assigned to Judge Joseph R. Goodwin. (klc) |
| Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (kp) |
| Filing 1 NOTICE OF REMOVAL by National Union Fire Insurance Company of Pittsburgh, PA with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Boone County. Filing Fee $400.00. Receipt #AWVSDC-6678754. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (kp) |
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