Marfork Coal Company, Inc. v. Smith et al
| Marfork Coal Company, Inc. |
| David Aaron Smith, Amber Nitchman, Eric Blevins, Joshua Francisco Graupera and Isabelle Rozendaal |
| 5:2010cv00069 |
| January 25, 2010 |
| US District Court for the Southern District of West Virginia |
| Beckley Office |
| Raleigh |
| Irene C. Berger |
| Torts to Land |
| 28 U.S.C. ยง 1332 Diversity-Torts to Land |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
183
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court Directs that Plaintiff Marfork Coal Company Inc.'s 58 MOTION to Dismiss Counterclaim is GRANTED and Defendants' Second 61 MOTION to Amend (their Answer) to Add Further Counterclaim is DENIED. Signed by Judge Irene C. Berger on 2/23/2011. (cc: attys; any unrepresented party) (mls)
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Filing
151
MEMORANDUM OPINION AND ORDER: Directing that Plaintiff's 82 MOTION to Compel Discovery, 120 Supplemental MOTION to Compel Discovery, 122 MOTION for Protective Order and 144 MOTION for Leave to File a Surreply and Defendants' 102 M OTION for Protective Order with respect to Plaintiff's Revised First Set of Interrogatories and Request for Production of Documents and 105 MOTION for Protective Order with respect to Plaintiff's Request for Admissions are DENIED. Furthe r Directing that the time for written discovery is closed and will not be reopened. The period of time for depositions is open until 01/27/2011. Defendants are therefore DIRECTED to sit for their depositions prior to that date. Defendants have ind icated that they would like to take depositions of one of Plaintiff's officers and its expert witness. Defendants shall complete these depositions by 01/27/2011, as well. Defendants' oral request to extend the time by which they may file a motion challenging the jurisdiction of the District Court is GRANTED. Defendants may do so by 01/27/2011. Signed by Magistrate Judge R. Clarke VanDervort on 1/13/2011. (cc: attys; any unrepresented party) (mls)
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Filing
44
ORDER GRANTING PRELIMINARY INJUNCTION: the Court finds that Plaintiff is entitled to a Preliminary Injunction to preserve the status quo pending trial on the merits of Plaintiff's claims; Defendants, and their officers, agents, servants, employe es, and attorneys, and those other persons who are in active concert or participation with Defendants, who receive actual notice of this preliminary injunction by personal service or otherwise, are hereby restrained and enjoined until completion of a trial on the merits of this case or until further order of this Court from doing, or causing to be done the following: (a)trespassing or otherwise congregating on any of the Marfork mining properties in the Southern District of West Virginia, includ ing but not limited to, Marforks's Beetree Surface Mine property in Raleigh County, WV and (b) Interfering, obstructing, blocking, impeding or tampering with any Marfork coal operating equipment, trucks or other vehicles of Marfork mining proper ties within the Southern District of West Virginia; Copies of this Order shall forthwith be served upon the Defendants and service thereof shall be due notice to each of them of this Preliminary Injunction and copies of this Order shall be posted in conspicuous places at or about the entrances to Marfork's Beetree Surface Mine property and other Marfork mining property in the Southern District of West Virginia or on the roads leading to said properties; that the Preliminary Injunction shall remain in effect until a trial is held on the merits of Plaintiff's claims in the Verified Complaint. The Preliminary Injunction shall take effect immediately; the bond Marfork has filed with the Clerk of the United States District Court shall remain in effect and support this Preliminary Injunction. Signed by Judge Irene C. Berger on 2/26/2010. (cc: attys; any unrepresented party) (cds)
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Filing
37
MEMORANDUM OPINION AND ORDER denying Defendant's 20 MOTION to Dismiss. Signed by Judge Irene C. Berger on 2/22/2010. (cc: attys; any unrepresented party) (cds)
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Filing
12
MEMORANDUM OPINION AND ORDER : Granting in Part Plaintiff's 4 MOTION for Temporary Restraining Order. Signed by Judge Irene C. Berger on 1/27/2010. (cc: attys; any unrepresented party) (cds)
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