Denholm et al v. Ohio River Valley Environmental Coalition, Inc.
| Matthew T. Denholm and National Labor Relations Board |
| Ohio River Valley Environmental Coalition, Inc. |
| 3:2021cv00675 |
| December 28, 2021 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Labor: Other |
| None |
Docket Report
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| Filing 17 RECEIPT NO. HUNT005030 in the amount of $55,000.00 for Registry Deposit by Ohio Valley Environmental Coalition. (jsa) |
Filing 16
ORDER the parties have agreed to deposit the funds that are the subject of the motions herein into the Registry of the Court; accordingly, denying as moot the #1 PETITION by Matthew T. Denholm, National Labor Relations Board for Preliminary Injunction, #11 MOTION by Matthew T. Denholm, National Labor Relations Board to Accept Administrative Record, to Adjudicate 10(J) Petition on the Administrative Record Supplemented by Additional Documentary Evidence, and MOTION by Matthew T. Denholm, National Labor Relations Board to Partially Strike Respondent's Responsive Pleading and #13 MOTION by Matthew T. Denholm, National Labor Relations Board to Revise This Court's Order Granting Temporary Restraining Order, and to Accept Petitioner's Revised Proposed Order Granting Preliminary Injunction. Signed by Judge Robert C. Chambers on 1/11/2022. (cc: attys; any unrepresented parties) (mkw)
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Filing 15
ORDER re: the parties' joint oral motion to deposit funds; directing that Ohio River Valley Environmental Coalition, Inc. shall deposit the sum of $55,000 into the Registry of the Court, non-interest bearing account, no later than 72 hours after entry of this Order, to be released from the Registry only upon further Order of this Court; further directing, upon depositing of the funds, the #6 Temporary Restraining Order previously entered is VACATED. Signed by Judge Robert C. Chambers on 1/11/2022. (cc: attys; any unrepresented parties, USDC Financial Administrator) (mkw)
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| Filing 14 PRELIMINARY INJUNCTION HEARING held by Judge Robert C. Chambers on 1/11/2022; Court Reporter: Kathy Swinhart. (trj) |
| Filing 13 MOTION by Matthew T. Denholm, National Labor Relations Board to Revise This Court's #9 Order Granting Temporary Restraining Order, and to Accept Petitioner's Revised Proposed Order Granting Preliminary Injunction. (Attachments: #1 Exhibit - Second Declarative Statement of Compliance Officer Tamilyn Moore, #2 Proposed Order, #3 Revised Proposed Order, #4 Certificate of Service)(Goode, Daniel) (Modified on 1/11/2022 to add party filer and to remove link to #1 petition) (mkw). |
| Filing 12 MEMORANDUM by Matthew T. Denholm, National Labor Relations Board in support of #11 MOTION by Matthew T. Denholm, National Labor Relations Board to Accept Administrative Record, to Adjudicate 10(J) Petition on the Administrative Record Supplemented by Additional Documentary Evidence, and MOTION by Matthew T. Denholm, National Labor Relations Board to Partially Strike Respondent's #7 Responsive Pleading. (Goode, Daniel) (Modified on 1/10/2022 to add party filer) (mkw). |
| Filing 11 MOTION by Matthew T. Denholm, National Labor Relations Board to Accept Administrative Record, to Adjudicate 10(J) Petition on the Administrative Record Supplemented by Additional Documentary Evidence, and MOTION by Matthew T. Denholm, National Labor Relations Board to Partially Strike Respondent's #7 Responsive Pleading, with proposed document attached. (Attachments: #1 Proposed Order, #2 Certificate of Service, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Goode, Daniel) (Modified on 1/10/2022 to add party filer and to add link to #7 responsive pleading) (mkw). |
| Filing 10 SERVICE OF ORDER RETURNED UNEXECUTED BY U. S. MARSHAL as to Ohio River Valley Environmental Coalition, Inc. re: #6 Order Granting Motion for Temporary Restraining Order. Returned unexecuted on 1/3/2022. (jsa) |
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Filing 9
ORDER directing that the hearing on the #1 Petition for Preliminary Injunction that was set for 11 A.M. on 1/3/2022 has been RESCHEDULED for 1/11/2022 at 1:30 P.M. in Huntington; accordingly, the Temporary Restraining Order that became effective on 12/29/2021 will be EXTENDED until 1/11/2022 at 1:30 P.M.; all requirements of the #6 Order Granting Temporary Restraining Order will remain effective until 1/11/2022 at 1:30 P.M. Signed by Judge Robert C. Chambers on 1/3/2022. (cc: counsel of record; any unrepresented parties) (jsa)
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| Filing 8 EXHIBITS by Ohio River Valley Environmental Coalition, Inc. in support of #7 Response In Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Walling, Sarah) |
| Filing 7 RESPONSE by Ohio River Valley Environmental Coalition, Inc. in opposition to #1 PETITION by Matthew T. Denholm, National Labor Relations Board for Temporary Injunctive Relief. (Walling, Sarah) |
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Filing 6
VACATED PURSUANT TO THE #16 ORDER. ORDER GRANTING TEMPORARY RESTRAINING ORDER granting Petitioners' #3 MOTION for Temporary Restraining Order; directing that effective 12/29/2021 at 2 P.M., respondent, its officers, representatives, agents, servants, employees, attorneys, successors and assigns, and all persons acting in concert or participation with it, be, and they hereby are, ENJOINED AND RESTRAINED until 1/3/2022 at 11 A.M., and no longer without further order of this Court, as more fully set forth herein; further directing that service of a copy of this Order be made forthwith by a United States Marshal upon the respondents in any manner provided in the Federal Rules of Civil Procedure for the United States District Courts and that proof of such service be filed with the Court; scheduling a hearing on the #1 Petition for Preliminary Injunction for 11 A.M. on 1/3/2022 in Huntington before Judge Robert C. Chambers; further directing Respondent to file a response to Petitioner's #1 Petition for Preliminary Injunction by 4 P.M. on 12/30/2021. Signed by Judge Robert C. Chambers on 12/29/2021. (cc: counsel of record; any unrepresented parties; with copy to USM with USM-285 for service on Respondent) (jsa) (Modified on 1/13/2022 to note that this order has been vacated pursuant to the #16 order and #17 receipt of payment) (mkw).
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| Filing 5 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa) |
| Filing 4 MEMORANDUM by Matthew T. Denholm, National Labor Relations Board in support of #3 MOTION by Matthew T. Denholm, National Labor Relations Board for Temporary Restraining Order Pursuant to Section 10(j) of the National Labor Relations Act, As Amended [29 U.S.C. Section 160 (j)]. (jsa) |
| Filing 3 MOTION by Matthew T. Denholm, National Labor Relations Board for Temporary Restraining Order Pursuant to Section 10(j) of the National Labor Relations Act, As Amended [29 U.S.C. Section 160 (j)]. (Attachments: #1 Exhibit 1, #2 Proposed Order) (jsa) |
| Filing 2 MEMORANDUM by Matthew T. Denholm, National Labor Relations Board in support of #1 PETITION by Matthew T. Denholm, National Labor Relations Board for Injunctive Relief Under Section 10(j) of the National Labor Relations Act. (jsa) |
| Filing 1 PETITION by Matthew T. Denholm, National Labor Relations Board for Preliminary Injunction Under Section 10(J) of the National Labor Relations Act, As Amended. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order to Show Cause, #8 Proposed Order Granting Preliminary Injunction, #9 Civil Cover Sheet) (jsa) |
| CASE assigned to Judge Robert C. Chambers. (klc) |
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