Hylton et al v. CONSOL Energy, Inc.
Plaintiff: Donald Hylton and Greever Asbury
Defendant: CONSOL Energy, Inc.
Case Number: 2:2021cv00559
Filed: October 14, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: John T Copenhaver
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2021 Opinion or Order Filing 19 ORDER directing that Johnson (2:21-cv-00345), Hylton (2:21-cv-00559), and Hall (2:21-cv-00563) be, and hereby are, consolidated with Stephenson (2:21-cv-00269). The Stephenson case is designated as the lead action, and all further filings shall be captioned and docketed in that case. Signed by Senior Judge John T. Copenhaver, Jr. on 11/17/2021. (cc: counsel of record; any unrepresented parties) (lca)
November 17, 2021 NOTICE OF DOCKET CORRECTION re: #18 Motion to Consolidate. ERROR: Incorrect image attached. CORRECTION: Incorrect image removed and replaced. (kew)
November 17, 2021 THIS CASE HAS BEEN CONSOLIDATED WITH 2:21-cv-00269 AS OF 11/17/2021. ALL FURTHER ENTRIES SHALL BE DOCKETED THEREIN. (lca)
November 16, 2021 Filing 18 JOINT MOTION by CONSOL Energy, Inc., Donald Hylton, Greever Asbury to Consolidate Cases 2:21-cv-00559; 2:21-cv-00345; 2:21-cv-00563. (Mullins, Michael) (Modified on 11/17/2021 to remove and replace incorrect image and to add party filers) (kew).
October 18, 2021 Opinion or Order Filing 17 ORDER AND NOTICE: Motions under F.R. Civ. P. 12(b) - 11/4/2021. Last day for Rule 26(f) Meeting - 11/11/2021. Last day to file Report of Parties' Planning Meeting - 11/15/2021. Scheduling Conference at 2:30 PM on 11/19/2021 at the Robert C. Byrd United States Courthouse in Charleston, before the undersigned, unless canceled. Entry of Scheduling Order - 11/24/2021. Last day to serve F.R. Civ. P. 26(a)(1) disclosures - 12/14/2021. Signed by Senior Judge John T. Copenhaver, Jr. on 10/18/2021. (cc: counsel of record; any unrepresented parties) (mfo)
October 14, 2021 Filing 16 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) (klc)
October 14, 2021 Filing 15 CASE TRANSFERRED IN from the Virginia Western; Case Number 1:21-cv-00029. Original file certified copy of transfer order and docket sheet received.
October 14, 2021 Opinion or Order Filing 14 ORDER granting #12 Motion to Transfer Case. Signed by Senior Judge James P. Jones on 10/14/2021. (am) [Transferred from Virginia Western on 10/14/2021.]
October 14, 2021 CASE assigned to Senior Judge John T. Copenhaver, Jr. (klc)
October 13, 2021 Filing 13 Exhibit Agreed [Proposed] Order by CONSOL Energy, Inc.. (Raupp, Peter) [Transferred from Virginia Western on 10/14/2021.]
October 13, 2021 Filing 12 Joint MOTION to Transfer Case by CONSOL Energy, Inc.. (Raupp, Peter) [Transferred from Virginia Western on 10/14/2021.]
October 8, 2021 Filing 11 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (flc) [Transferred from Virginia Western on 10/14/2021.]
October 5, 2021 Opinion or Order Filing 10 MINUTE Order to Respond re #9 MOTION to Transfer Case Venue Plaintiffs' Responses due by 10/19/2021. Entered by Magistrate Judge Pamela Meade Sargent on 10/5/21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(PMS) [Transferred from Virginia Western on 10/14/2021.]
October 4, 2021 Filing 9 MOTION to Transfer Case Venue by CONSOL Energy, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Raupp, Peter) [Transferred from Virginia Western on 10/14/2021.]
October 4, 2021 Filing 8 Negative Corporate Disclosure Statement by CONSOL Energy, Inc. (Raupp, Peter) [Transferred from Virginia Western on 10/14/2021.]
October 4, 2021 Filing 7 ANSWER to Complaint #1 Complaint by CONSOL Energy, Inc..(Raupp, Peter) [Transferred from Virginia Western on 10/14/2021.]
August 15, 2021 Filing 6 WAIVER OF SERVICE Returned Executed by Donald Hylton, Greever Asbury. CONSOL Energy, Inc. waiver sent on 8/4/2021, answer due 10/4/2021.(Petsonk, Samuel) [Transferred from Virginia Western on 10/14/2021.]
July 23, 2021 Filing 5 Electronic Summons Issued as to CONSOL Energy, Inc. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(lml) [Transferred from Virginia Western on 10/14/2021.]
July 21, 2021 Filing 4 Proposed Summons for CONSOL ENERGY, INC. by Greever Asbury, Donald Hylton (Petsonk, Samuel) [Transferred from Virginia Western on 10/14/2021.]
June 29, 2021 Opinion or Order Filing 3 ORDER granting #2 MOTION to Appear Pro Hac Vice Signed by Magistrate Judge Pamela Meade Sargent on 6/28/21. (ejs) [Transferred from Virginia Western on 10/14/2021.]
June 18, 2021 Filing 2 MOTION for Sam B. Petsonk to Appear Pro Hac Vice. Filing fee $ 100, receipt number BVAWDC-3726698. by Greever Asbury, Donald Hylton. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit Certificate of good standing)(Cromer, Mary) [Transferred from Virginia Western on 10/14/2021.]
June 16, 2021 Filing 1 COMPLAINT against CONSOL Energy, Inc. (Filing & Administrative fee $ 402, receipt number CVAWDC-3725425), filed by Donald Hylton, Greever Asbury. (Attachments: #1 Civil Cover Sheet)(ar) [Transferred from Virginia Western on 10/14/2021.]

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Plaintiff: Donald Hylton
Represented By: Bren J. Pomponio
Represented By: Laura C. Davidson
Represented By: Samuel Brown Petsonk
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Plaintiff: Greever Asbury
Represented By: Bren J. Pomponio
Represented By: Laura C. Davidson
Represented By: Samuel Brown Petsonk
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Defendant: CONSOL Energy, Inc.
Represented By: Peter J. Raupp
Represented By: Michael D. Mullins
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