Lester v. Consolidation Coal Company et al
Plaintiff: Christopher Mark Lester and Barbara Ann Lester
Defendant: Consolidation Coal Company, Consol Energy, Inc., Robert E. Murray, Jason D. Witt and Ronnie D. Dietz
Case Number: 5:2022cv00324
Filed: August 5, 2022
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Frank W Volk
Nature of Suit: Other Statutory Actions
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2022 Opinion or Order Filing 16 REPLY by Consol Energy, Inc., Consolidation Coal Company to #15 Response In Opposition. (Shelton, Billy)
September 21, 2022 Opinion or Order Filing 15 RESPONSE by Barbara Ann Lester, Christopher Mark Lester in opposition to #10 MOTION by Consol Energy, Inc., Consolidation Coal Company for Judgment on the Pleadings re: #1 Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3. (Petsonk, Samuel)
September 19, 2022 Opinion or Order Filing 14 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 10/19/2022. Last day for Rule 26(f) meeting - 11/14/2022. Last day to file Report of Parties Planning Meeting and Scheduling Order Worksheet - 11/21/2022. Telephonic Scheduling Conference at 4:30 PM on 12/5/2022, before the undersigned, unless canceled. Entry of Scheduling Order - 12/15/2022. Last day to serve FR Civ P 26(a)(1) disclosures - 12/19/2022. Signed by Judge Frank W. Volk on 9/19/2022. (cc: counsel of record; any unrepresented parties) (mfo)
September 8, 2022 Opinion or Order Filing 13 MEMORANDUM by Consol Energy, Inc., Consolidation Coal Company in support of #10 MOTION by Consol Energy, Inc., Consolidation Coal Company for Judgment on the Pleadings re: #1 Complaint (Shelton, Billy) (Modified on 9/8/2022 to remove duplicate exhibit attached to ECF #10 motion; remove extra blank page from main document and replace image) (mk).
September 8, 2022 Opinion or Order NOTICE OF DOCKET CORRECTION re: #10 Motion, #13 Memorandum, #11 and #12 Disclosure Statements by Defendants Consol Energy, Inc. and Consolidation Coal Company. ERRORS: Memorandum filed as attachment to #10 Motion; Exhibit attached to Memorandum; Image of Memorandum contained extra blank page; Disclosure Statements did not contain signature. CORRECTIONS: Image of Memorandum removed from Motion and refiled at ECF #13; Exhibit removed from Memorandum and retained as attachment to Motion; Images of Memorandum and Disclosure Statements replaced. (mk)
September 7, 2022 Opinion or Order Filing 12 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Consolidation Coal Company (Shelton, Billy) (Modified on 9/8/2022 to replace image)(mk).
September 7, 2022 Opinion or Order Filing 11 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Consol Energy, Inc. (Shelton, Billy) (Modified on 9/8/2022 to replace image) (mk).
September 7, 2022 Opinion or Order Filing 10 MOTION by Consol Energy, Inc., Consolidation Coal Company for Judgment on the Pleadings re: #1 Complaint. (Attachments: #1 Certificate of Service, #3 OWCP Pay Order, #4 Proposed Order)(Shelton, Billy) (Modified on 9/8/2022 to remove attachment #2 memorandum in support; refiled at ECF #13)(mk).
September 6, 2022 Opinion or Order Filing 9 SUMMONS RETURNED EXECUTED by Personal Service for Ronnie D. Dietz. Ronnie D. Dietz served on 8/19/2022, answer due 9/9/2022. Summons served on Ronnie D. Dietz. (Petsonk, Samuel)
September 6, 2022 Opinion or Order Filing 8 SUMMONS RETURNED EXECUTED by Personal Service for Jason D. Witt. Jason D. Witt served on 8/19/2022, answer due 9/9/2022. Summons served on Jason D. Witt. (Petsonk, Samuel)
September 6, 2022 Opinion or Order Filing 7 SUMMONS RETURNED EXECUTED by Personal Service for Robert E. Murray. Robert E. Murray served on 8/19/2022, answer due 9/9/2022. Summons served on Robert E. Murray. (Petsonk, Samuel)
August 22, 2022 Opinion or Order Filing 6 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 8/17/2022 as to Consolidation Coal Company. Certified Mail Number: 92148901125134100003532792. (msa)
August 22, 2022 Opinion or Order Filing 5 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 8/17/2022 as to Consol Energy, Inc. Certified Mail Number: 92148901125134100003532785. (msa)
August 8, 2022 Opinion or Order Filing 4 NOTICE OF ATTORNEY APPEARANCE by Bren J. Pomponio on behalf of Barbara Ann Lester, Christopher Mark Lester. (Pomponio, Bren)
August 5, 2022 Opinion or Order CASE assigned to Judge Frank W. Volk. (klc)
August 5, 2022 Opinion or Order Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: counsel of record; any unrepresented party) (btm)
August 5, 2022 Opinion or Order Filing 2 ELECTRONIC SUMMONS ISSUED as to Consolidation Coal Company, Consol Energy, Inc., Robert E. Murray, Jason D. Witt, Ronnie D. Dietz, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons - Consol Energy, Inc., #2 Summons - Robert E. Murray, #3 Summons - Jason D. Witt, #4 Summons - Ronnie D. Dietz) (btm)
August 5, 2022 Opinion or Order Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8243885. (Attachments: #1 Proposed Summons - Consolidation Coal Company, #2 Proposed Summons - Consol Energy, Inc., #3 Proposed Summons - Robert E. Murray, #4 Proposed Summons - Jason D. Witt, #5 Proposed Summons - Ronnie D. Dietz, #6 Civil Cover Sheet) (btm)

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Plaintiff: Christopher Mark Lester
Represented By: Samuel Brown Petsonk
Represented By: Bren J. Pomponio
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Plaintiff: Barbara Ann Lester
Represented By: Samuel Brown Petsonk
Represented By: Bren J. Pomponio
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Defendant: Consolidation Coal Company
Represented By: Billy R. Shelton
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Defendant: Consol Energy, Inc.
Represented By: Billy R. Shelton
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Defendant: Robert E. Murray
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Defendant: Jason D. Witt
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Defendant: Ronnie D. Dietz
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