Asbury v. Pocahontas Coal Company LLC et al
| Amanda Asbury |
| Pocahontas Coal Company LLC, Pocahontas Coal Company LLC a West Virginia limited liability company doing business as Affinity Coal Company, LLC, United Coal Company, LLC, Blackhawk Mining, LLC, Arch Resources, Inc., Mingo Logan Coal LLC, Cleveland-Cliffs Princeton Coal Inc., GMS Mine Repair and Maintenance, Inc., David Stanley Consultants, LLC, Contura Energy, Inc., Alpha Natural Resources Services, LLC, Consol Energy Inc. and Stanhurst, LLC |
| 2:2023cv00005 |
| January 4, 2023 |
| U.S. District Court for the Southern District of West Virginia |
| Irene C Berger |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.
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Filing 44
REPLY by Amanda Asbury to #39 , #40 , #41 , #42 and #43 Responses in Opposition. (Atkinson, John-Mark)
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Filing 43
RESPONSE by Pocahontas Coal Company LLC, United Coal Company, LLC in opposition to #26 MOTION by Amanda Asbury to Remand Case to Circuit Court of Boone County. (Attachment: #1 Exhibit A)(Dean, Mark)
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Filing 42
RESPONSE by Blackhawk Mining, LLC in opposition to #26 MOTION by Amanda Asbury to Remand Case to Circuit Court of Boone County (Thomas, Sean)
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Filing 41
RESPONSE by Alpha Natural Resources Services, LLC, Contura Energy, Inc. in opposition to #26 MOTION by Amanda Asbury to Remand Case to Circuit Court of Boone County (Dean, Mark)
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Filing 40
RESPONSE by Consol Energy Inc. in opposition to #26 MOTION by Amanda Asbury to Remand Case to Circuit Court of Boone County (Etheredge, Christopher)
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Filing 39
RESPONSE by Arch Resources, Inc., Mingo Logan Coal LLC in opposition to #26 MOTION by Amanda Asbury to Remand Case to Circuit Court of Boone County. (Smith, Amy) (Modified on 2/14/2023 to remove link to #27 memorandum) (kew).
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Filing 38
SCHEDULING ORDER directing that the scheduling conference previously scheduled for 2/23/2023 is cancelled and that this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 4/24/2023. Last date to serve discovery requests - 11/20/2023. All discovery to be completed - 12/18/2023. Last date to complete depositions - 1/8/2024. Opening Rule 26 expert disclosures - 5/31/2023. Responsive Rule 26 expert disclosures - 6/30/2023. Rebuttal Rule 26 expert disclosure - 7/31/2023. Dispositive motions deadline - 1/15/2024. Responses to dispositive motions are due within 14 days, with replies due within 7 days. Settlement Meeting must be held 45 days prior to Pretrial Conference. Mediation must be concluded 30 days prior to Pretrial Conference. A written status report is due within 5 days of completion of mediation. If the case is not settled, all Rule 26(a)(3) disclosures are due 30 days prior to Pretrial Conference. Motions in limine deadline - 2/23/2024. Responses for motions in limine - 3/1/2024. Proposed voir dire, jury instructions, and verdict form - 4/8/2024. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 4/4/2024, Integrated pretrial order - 4/11/2024. Pretrial Conference/Final Settlement Conference on 4/18/2024 at 1:30 PM. Trial on 4/29/2024 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 2/13/2023. (cc: counsel of record; any unrepresented party) (mfo)
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Filing 37
REPLY by Blackhawk Mining, LLC to #28 Response in Opposition. (Thomas, Sean) (Modified on 2/13/2023 to correct link) (kew).
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Filing 36
RULE 26(f) REPORT OF PLANNING MEETING by Alpha Natural Resources Services, LLC, Arch Resources, Inc., Blackhawk Mining, LLC, Cleveland-Cliffs Princeton Coal Inc., Consol Energy Inc., Contura Energy, Inc., David Stanley Consultants, LLC, GMS Mine Repair and Maintenance, Inc., Mingo Logan Coal LLC, Pocahontas Coal Company LLC, Stanhurst, LLC, Amanda Asbury, United Coal Company, LLC. (Moore, Michael) (Modified on 2/13/2023 to add party filers) (kew).
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Filing 35
REPLY by Consol Energy Inc. to #28 Response In Opposition. (Etheredge, Christopher)
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Filing 34
REPLY by Arch Resources, Inc., Mingo Logan Coal LLC to #28 Response in Opposition. (Smith, Amy) (Modified on 2/13/2023 to correct link) (kew).
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Filing 33
MOTION by Blackhawk Mining, LLC to Join in #21 MOTION by Arch Resources, Inc., Mingo Logan Coal LLC to Sever. (Thomas, Sean)
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Filing 32
MOTION by Alpha Natural Resources Services, LLC, Contura Energy, Inc. to Join in #21 MOTION by Arch Resources, Inc., Mingo Logan Coal LLC to Sever. (Leonoro, Joseph)
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Filing 31
MOTION by Consol Energy Inc. to Join in #21 MOTION by Arch Resources, Inc., Mingo Logan Coal LLC to Sever. (Mullins, Michael)
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Filing 30
MOTION by Pocahontas Coal Company LLC, United Coal Company, LLC to Join in #21 MOTION by Arch Resources, Inc., Mingo Logan Coal LLC to Sever. (Dean, Mark)
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Filing 29
MOTION by Cleveland-Cliffs Princeton Coal Inc. to Join in #21 MOTION by Arch Resources, Inc., Mingo Logan Coal LLC to Sever. (Dean, Mark)
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Filing 28
RESPONSE by Amanda Asbury in opposition to #21 MOTION by Arch Resources, Inc., Mingo Logan Coal LLC to Sever (Atkinson, John-Mark)
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Filing 27
MEMORANDUM by Amanda Asbury in support of #26 MOTION by Amanda Asbury to Remand Case to Circuit Court of Boone County. (Atkinson, John-Mark)
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Filing 26
MOTION by Amanda Asbury to Remand Case to Circuit Court of Boone County (Atkinson, John-Mark)
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Filing 25
NOTICE OF APPEARANCE by Mark G. Jeffries on behalf of Arch Resources, Inc., Mingo Logan Coal LLC. (Jeffries, Mark)
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Filing 24
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant GMS Mine Repair and Maintenance, Inc. (Nelson, Matthew)
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Filing 23
ANSWER TO COMPLAINT ATTACHED TO 1 NOTICE OF REMOVAL by GMS Mine Repair and Maintenance, Inc. (Nelson, Matthew)
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NOTICE OF DOCKET CORRECTION re: #21 MOTION by Arch Resources, Inc., Mingo Logan Coal LLC to Sever. ERROR: Memorandum in support attached to motion. CORRECTION: Memorandum removed and filed at entry #22. (kew)
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Filing 22
MEMORANDUM by Arch Resources, Inc., Mingo Logan Coal LLC in support of #21 MOTION by Arch Resources, Inc., Mingo Logan Coal LLC to Sever. (kew) (Modified on 1/25/2023 to correct filing date) (ts).
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Filing 21
MOTION by Arch Resources, Inc., Mingo Logan Coal LLC to Sever. (Smith, Amy) (Modified on 1/23/2023 to remove memorandum in support attached to motion and file at entry #22) (kew).
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Filing 20
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Blackhawk Mining, LLC (Thomas, Sean)
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Filing 19
ANSWER TO COMPLAINT ATTACHED TO 1 NOTICE OF REMOVAL by Blackhawk Mining, LLC. (Thomas, Sean) (Modified on 1/12/2023 to add link to #1 notice of removal) (kew).
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Filing 18
NOTICE OF APPEARANCE by Sean Thomas on behalf of Blackhawk Mining, LLC. (Thomas, Sean)
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Filing 17
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants Pocahontas Coal Company LLC, United Coal Company, LLC (Dean, Mark)
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Filing 16
ANSWER TO COMPLAINT ATTACHED TO 1 NOTICE OF REMOVAL by United Coal Company, LLC. (Dean, Mark)
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Filing 15
ANSWER TO COMPLAINT ATTACHED TO 1 NOTICE OF REMOVAL by Pocahontas Coal Company LLC. (Dean, Mark)
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Filing 14
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Cleveland-Cliffs Princeton Coal Inc. (Dean, Mark)
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Filing 13
ANSWER TO COMPLAINT ATTACHED TO 1 NOTICE OF REMOVAL by Cleveland-Cliffs Princeton Coal Inc. (Dean, Mark)
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Filing 12
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Contura Energy, Inc. (Leonoro, Joseph)
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Filing 11
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Alpha Natural Resources Services, LLC (Leonoro, Joseph)
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Filing 10
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Consol Energy Inc. (Mullins, Michael)
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Filing 9
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 1/27/2023. Last day for Rule 26(f) meeting - 2/3/2023. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 2/10/2023. Scheduling Conference at 3:30 PM in Charleston, West Virginia on 2/23/2023, before the undersigned, unless cancelled. Entry of Scheduling Order - 3/2/2023. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 3/9/2023. Signed by Judge Irene C. Berger on 1/6/2023. (cc: counsel of record; any unrepresented party) (mfo)
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Filing 8
ANSWER TO COMPLAINT ATTACHED TO #2 NOTICE OF REMOVAL by Contura Energy, Inc. (Leonoro, Joseph) (Modified on 1/6/2023 to add link to #2 notice of removal) (kew).
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Filing 7
ANSWER TO COMPLAINT ATTACHED TO #2 NOTICE OF REMOVAL by Alpha Natural Resources Services, LLC. (Leonoro, Joseph) (Modified on 1/6/2023 to add link to #2 notice of removal) (kew).
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Filing 6
ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc)
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Filing 5
ANSWER TO COMPLAINT ATTACHED TO #2 NOTICE OF REMOVAL by Arch Resources, Inc., Mingo Logan Coal LLC. (Morrison, C.) (Modified on 1/6/2023 to add link to #2 notice of removal) (kew).
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Filing 4
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants Arch Resources, Inc., Mingo Logan Coal LLC (Smith, Amy)
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Filing 3
ANSWER TO COMPLAINT ATTACHED TO #2 NOTICE OF REMOVAL by Consol Energy Inc. (ts)
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Filing 2
NOTICE OF REMOVAL by Arch Resources, Inc., Mingo Logan Coal LLC with summons, complaint, docket sheet, notice of bona fide defense by Arch Resources, Inc., Mingo Logan Coal LLC, and other miscellaneous documents from the Circuit Court of Boone County. Filing Fee $402.00. Receipt #AWVSDC-8337547. (Attachments: #1 Exhibit A, #2 Consent to Removal by Blackhawk, #3 Consent to Removal by Consol Energy, #4 Consent to Removal by Pocahontas Coal, et al, #5 Proof of Notice of Removal, #6 Civil Cover Sheet) (mfo)
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CASE assigned to Judge Irene C. Berger. (klc)
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Filing 1
INCORRECT ENTRY. (Modified on 1/5/2023 to remove image filed prior to case being opened) (ts).
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