Columbia Gas Transmission, LLC v. Easement Rights on Real Property Located in Kanawha County, West Virginia, Identified in Deed Book 1210, Page 253, and Referenced More Specifically as Parcel Identification Nos. 20-03-0008-0001-0000 et al
Plaintiff: Columbia Gas Transmission, LLC
Defendant: Easement Rights on Real Property Located in Kanawha County, West Virginia, Identified in Deed Book 1210, Page 253, and Referenced More Specifically as Parcel Identification Nos. 0001-0000 a, Amherst Industries, Inc., Acin LLC, Investment Management Group, LLC, Point Lick Energy LLC, Elite Materials, LLC and Easement Rights on Real Property Located in Kanawha County, West Virginia, Identified in Deed Book 1210, Page 253, and Referenced More Specifically as Parcel Identification Nos. 0001-0000
Not Classified By Court: James D. Lamp
Case Number: 2:2023cv00646
Filed: September 28, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Joseph R Goodwin
Nature of Suit: Condemnation
Cause of Action: 15 U.S.C. § 717 Natural Gas Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2023 Opinion or Order Filing 34 ORDER granting #32 MOTION by Acin LLC, Amherst Industries, Inc., Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC for Leave to File Reply to #21 Response in Opposition; directing that Defendants' reply in support shall be due no later than 12/31/2023. Signed by Judge Joseph R. Goodwin on 11/9/2023. (cc: counsel of record; any unrepresented party) (mfo)
November 9, 2023 Opinion or Order Filing 33 NOTICE OF MEDIATION by Acin LLC, Amherst Industries, Inc., Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC. (Adkins, J.)
November 7, 2023 Opinion or Order Filing 32 MOTION by Acin LLC, Amherst Industries, Inc., Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC for Leave to File Reply to #21 Response in Opposition. (Adkins, J.) (Modified on 11/8/2023 to add link to #21 response in opposition) (kew).
November 7, 2023 Opinion or Order Filing 31 RESPONSE by Columbia Gas Transmission, LLC in opposition to #21 MOTION by Acin LLC, Amherst Industries, Inc., Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC for Partial Summary Judgment. (Attachment: #1 Exhibit A)(Jackson, J.)
November 2, 2023 Opinion or Order Filing 30 TRANSCRIPT OF PROCEEDINGS of Preliminary Injunction Hearing held on 10/31/2023, before Judge Joseph R. Goodwin. Court Reporter Amanda Pickens, Telephone number 304-347-3188. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 11/13/2023. Redaction Request due 11/24/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/31/2024. (ajp)
November 1, 2023 Opinion or Order Filing 29 TRANSCRIPT REQUEST by Columbia Gas Transmission, LLC for proceedings held on 10/31/2023 before Judge Goodwin. (Moore, Branden)
October 31, 2023 Opinion or Order Filing 28 ORDER Pursuant to the hearing held on 10/31/2023 re: a preliminary injunction, the motions pending before the court are taken under advisement. The parties are ordered to file briefs, within 60 days of today, to the issue as more fully set forth herein. The court will not require or allow responses or replies, but it may hear oral argument at its discretion. Signed by Judge Joseph R. Goodwin on 10/31/2023. (cc: counsel of record and any unrepresented party) (arb)
October 31, 2023 Opinion or Order Filing 27 EXHIBIT LIST FROM PRELIMINARY INJUNCTION HEARING held 10/31/2023. (Attachment: #1 Exhibit 1) (arb)
October 31, 2023 Opinion or Order Filing 26 PRELIMINARY INJUNCTION HEARING held by Judge Joseph R. Goodwin on 10/31/2023 re: #7 MOTION by Columbia Gas Transmission, LLC for Preliminary Injunction Seeking Immediate Possession Court Reporter: Amanda Pickens. (rac)
October 30, 2023 Opinion or Order Filing 25 REPLY by Columbia Gas Transmission, LLC to #19 Response In Opposition. (Jackson, J.) (Modified on 11/1/2023 to correct link) (kew).
October 30, 2023 Opinion or Order Filing 24 REPLY by Columbia Gas Transmission, LLC to #20 Response In Opposition. (Attachment: #1 Exhibit A)(Jackson, J.) (Modified on 11/1/2023 to correct link) (kew).
October 25, 2023 Opinion or Order Filing 23 ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 11/15/2023. Last day for Rule 26(f) meeting - 11/29/2023. Last day to file report of Rule 26(f) meeting - 12/6/2023. Scheduling Conference at 9:00 AM on 12/20/2023 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 12/27/2023. Last day to make Rule 26(a)(1) disclosures - 1/3/2024. Signed by Judge Joseph R. Goodwin on 10/25/2023. (cc: counsel of record; any unrepresented parties) (skm)
October 24, 2023 Opinion or Order Filing 22 MEMORANDUM by Acin LLC, Amherst Industries, Inc., Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC in support of #21 MOTION by Acin LLC, Amherst Industries, Inc., Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC for Partial Summary Judgment. (Adkins, J.)
October 24, 2023 Opinion or Order Filing 21 MOTION by Acin LLC, Amherst Industries, Inc., Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC for Partial Summary Judgment (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)(Adkins, J.)
October 24, 2023 Opinion or Order Filing 20 RESPONSE by Acin LLC, Amherst Industries, Inc., Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC in opposition to #5 MOTION by Columbia Gas Transmission, LLC for Partial Summary Judgment. (Adkins, J.) (Modified on 10/25/2023 to remove link to #6 brief in support) (kew).
October 24, 2023 Opinion or Order Filing 19 RESPONSE by Acin LLC, Amherst Industries, Inc., Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC in opposition to #7 MOTION by Columbia Gas Transmission, LLC for Preliminary Injunction Seeking Immediate Possession. (Attachment: #1 Exhibit 1)(Adkins, J.) (Modified on 10/25/2023 to remove link to #8 brief in support) (kew).
October 24, 2023 Opinion or Order Filing 18 ANSWER AND OBJECTIONS TO #1 COMPLAINT IN CONDEMNATION With Jury Demand by Acin LLC, Amherst Industries, Inc., Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC. (Adkins, J.) (Modified on 10/25/2023 to add link to #1 complaint and to add jury demand) (kew).
October 12, 2023 Opinion or Order Filing 17 ORDER The hearing on the #7 Motion for Preliminary Injunction Seeking Immediate Possession is RESCHEDULED to 10/31/2023 at 10:00 a.m. Signed by Judge Joseph R. Goodwin on 10/12/2023. (cc: counsel of record; any unrepresented party) (kew)
October 12, 2023 Opinion or Order Filing 16 NOTICE OF ATTORNEY APPEARANCE by J. Mark Adkins, J. Thomas Lane, William M. Lorensen on behalf of Acin LLC, Amherst Industries, Inc., Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC. (Adkins, J.)
October 11, 2023 Opinion or Order Filing 15 ORDER granting #14 MOTION for Expedited Hearing on its #7 Motion for Preliminary Injunction Seeking Immediate Possession; hearing set for 10/18/2023 at 1:30 p.m. Signed by Judge Joseph R. Goodwin on 10/11/2023. (cc: counsel of record; any unrepresented party) (tmr)
October 11, 2023 Opinion or Order Filing 14 MOTION by Columbia Gas Transmission, LLC for Expedited Hearing re: #7 MOTION by Columbia Gas Transmission, LLC for Preliminary Injunction Seeking Immediate Possession. (Attachment: #1 Proposed Order)(Jackson, J.) (Modified on 10/12/2023 to remove link to #8 brief in support) (kew).
October 11, 2023 Opinion or Order Filing 13 AFFIDAVIT OF SERVICE for Point Lick Energy LLC, re: #1 Complaint in Condemnation and #2 Notice of Filing of Complaint in Condemnation. Acin LLC served on 10/3/2021, answer due 10/24/2021. (Jackson, J.)
October 11, 2023 Opinion or Order Filing 12 AFFIDAVIT OF SERVICE for Elite Materials, LLC, re: #1 Complaint in Condemnation and #2 Notice of Filing of Complaint in Condemnation. Acin LLC served on 10/3/2021, answer due 10/24/2021. (Jackson, J.)
October 11, 2023 Opinion or Order Filing 11 AFFIDAVIT OF SERVICE for Investment Management Group, LLC, re: #1 Complaint in Condemnation and #2 Notice of Filing of Complaint in Condemnation. Acin LLC served on 10/3/2021, answer due 10/24/2021. (Jackson, J.)
October 11, 2023 Opinion or Order Filing 10 AFFIDAVIT OF SERVICE for Amherst Industries, Inc., re: #1 Complaint in Condemnation and #2 Notice of Filing of Complaint in Condemnation. Acin LLC served on 10/3/2021, answer due 10/24/2021. (Jackson, J.)
October 11, 2023 Opinion or Order Filing 9 AFFIDAVIT OF SERVICE for Acin LLC, re: #1 Complaint in Condemnation and #2 Notice of Filing of Complaint in Condemnation. Acin LLC served on 10/3/2021, answer due 10/24/2021. (Jackson, J.)
October 10, 2023 Opinion or Order Filing 8 BRIEF by Columbia Gas Transmission, LLC in support of #7 MOTION by Columbia Gas Transmission, LLC for Preliminary Injunction Seeking Immediate Possession. (Jackson, J.)
October 10, 2023 Opinion or Order Filing 7 MOTION by Columbia Gas Transmission, LLC for Preliminary Injunction Seeking Immediate Possession. (Attachment: #1 Exhibit 1)(Jackson, J.)
October 10, 2023 Opinion or Order Filing 6 BRIEF by Columbia Gas Transmission, LLC in support of #5 MOTION by Columbia Gas Transmission, LLC for Partial Summary Judgment (Jackson, J.)
October 10, 2023 Opinion or Order Filing 5 MOTION by Columbia Gas Transmission, LLC for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Jackson, J.)
September 29, 2023 Opinion or Order Filing 4 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)
September 28, 2023 Opinion or Order CASE assigned to Judge Joseph R. Goodwin. (klc)
September 28, 2023 Opinion or Order Filing 3 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff Columbia Gas Transmission, LLC (Jackson, J.)
September 28, 2023 Opinion or Order Filing 2 RULE 71.1(d) NOTICE of Filing of Complaint in Condemnation by Columbia Gas Transmission, LLC re: #1 Complaint in Condemnation. (Jackson, J.)
September 28, 2023 Opinion or Order Filing 1 COMPLAINT IN CONDEMNATION by Columbia Gas Transmission, LLC against Acin LLC, Amherst Industries, Inc., Easement Rights on Real Property Located in Kanawha County, West Virginia, Identified in Deed Book 1210, Page 253, and Referenced More Specifically as Parcel Identification Nos. 20-03-0008-0001-0000, Elite Materials, LLC, Investment Management Group, LLC, Point Lick Energy LLC Filing Fee $402.00; Receipt # AWVSDC-8506424. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet) (lca)

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Plaintiff: Columbia Gas Transmission, LLC
Represented By: Branden P. Moore
Represented By: J. Brian Jackson
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Defendant: Easement Rights on Real Property Located in Kanawha County, West Virginia, Identified in Deed Book 1210, Page 253, and Referenced More Specifically as Parcel Identification Nos. 0001-0000 a
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Defendant: Amherst Industries, Inc.
Represented By: J. Mark Adkins
Represented By: J. Thomas Lane
Represented By: William Montgomery Lorensen
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Defendant: Acin LLC
Represented By: J. Mark Adkins
Represented By: J. Thomas Lane
Represented By: William Montgomery Lorensen
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Defendant: Investment Management Group, LLC
Represented By: J. Mark Adkins
Represented By: J. Thomas Lane
Represented By: William Montgomery Lorensen
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Defendant: Point Lick Energy LLC
Represented By: J. Mark Adkins
Represented By: J. Thomas Lane
Represented By: William Montgomery Lorensen
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Defendant: Elite Materials, LLC
Represented By: J. Mark Adkins
Represented By: J. Thomas Lane
Represented By: William Montgomery Lorensen
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Defendant: Easement Rights on Real Property Located in Kanawha County, West Virginia, Identified in Deed Book 1210, Page 253, and Referenced More Specifically as Parcel Identification Nos. 0001-0000
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Not classified by court: James D. Lamp
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