STATUS CONFERENCE held by Judge John T. Copenhaver, Jr. on 4/8/2008; Court Reporter: Barbara Steinke. (rap) Modified on 5/6/2008 to correct date of filing and conference (rap). (Entered: 04/09/2008)
CONSENT DECREE. Signed by Judge John T. Copenhaver, Jr. on 4/9/2008. (Attachments: # 1 Appendix A and Appendix B) (cc: attys; any unrepresented party) (taq)
MEMORANDUM OPINION AND ORDER granting the United States' 55 UNOPPOSED MOTION to enter the consent decree; the proposed consent decree is entered with the court's approval this same date; and this action is dismissed and stricken from the docket, with the court retaining jurisdiction pursuant to Articles XVIII and XIX of the consent decree and any other provision therein contemplating the potential for future action by the court. Signed by Judge John T. Copenhaver, Jr. on 4/9/2008. (cc: attys; any unrepresented parties) (taq)
ORDER ON MOTION TO WITHDRAW DEFENDANTS' MOTION TO DISMISS pursuant to the 59 MOTION requesting to withdraw defendants' Motion to Dismiss, directing that defendants' 15 MOTION to Dismiss be considered withdrawn, without prejudice. Signed by Judge John T. Copenhaver, Jr. on 3/25/2008. (cc: attys) (taq)
ORDER denying without prejudice Coal River Mountain Watch, Ohio Valley Environmental Coalition, and West Virginia Highlands Conservancy's 6 MOTION to Intervene, Sierra Club's 28 MOTION to Intervene, and defendants' 32 MOTION to Strike; requesting that defendants file the motion to withdraw their pending 15 motion to dismiss without prejudice by 3/24/2008. Signed by Judge John T. Copenhaver, Jr. on 3/20/2008. (cc: attys; any unrepresented parties) (taq)
ORDER AND NOTICE re: 55 MOTION by United States to Enter the proposed Consent Decree; in accordance with the applicable Local and Federal Rules of Civil Procedure, the court will await expiration of the 14-day response, and 3-day mailing, periods prior to addressing the motion, which periods expire at the close of April 4, 2008; directing the United States to serve forthwith a copy of this order and notice on those individuals who submitted their views in writing during the comment period.Signed by Judge John T. Copenhaver, Jr. on 3/20/2008. (cc: attys; any unrepresented parties) (taq)
MEMORANDUM by United States of America in support of 55 MOTION by United States of America to Enter the Consent Decree re: 49 Notice of Settlement (Attachments: # 1 Exhibit A)(Talbert, Jeffrey) (Modified for clarity and added description to attachment on 3/18/2008) (skh).
MOTION by United States of America to Enter the Consent Decree re: 49 Notice of Settlement (Attachments: # 1 Proposed Order)(Talbert, Jeffrey) (Modified for clarity on 3/18/2008) (skh).
ORDER directing that a Telephonic Status Conference is scheduled for 3/14/2008 at 03:00 PM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 3/11/2008. (cc: attys; any unrepresented parties) (mkw)
ORDER scheduling a telephonic status conference for 11:00 a.m. on February 29, 2008. Signed by Judge John T. Copenhaver, Jr. on 2/29/2008. (cc: attys; any unrepresented party) (skh)
NOTICE OF LODGING OF PROPOSED CONSENT DECREE by United States of America (Attachments: # 1 Consent Decree, # 2 Appendix A to the Consent Decree, # 3 Appendix B to the Consent Decree)(Talbert, Jeffrey) (Modified text to conform to filed document and removed duplicate description of attachments on 1/18/2008) (skh).
ORDER directing that the scheduling conference is canceled pending the resolution of the parties' 46 Motion to Stay. Signed by Magistrate Judge Mary E. Stanley on 1/8/2008. (cc: attys) (taq)
MOTION by United States of America, Massey Energy Company Defendants to Stay Proceedings for Settlement Negotiations (Attachments: # 1 Proposed Order)(Talbert, Jeffrey) (Modified for clarification and to add additional filers on 11/27/2007) (skh).
ORDER AND NOTICE: Rule 26(f) Meeting 12/10/2007. Last day to file report of Rule 26(f) Meeting 12/17/2007. Scheduling Conference at 10:00 AM on 1/9/2008, before Magistrate Judge Mary E. Stanley. Entry of Scheduling Order 1/15/2008. Last Day to make Rule 26(a)(1) disclosures 1/11/2008. Signed by Judge John T. Copenhaver, Jr. on 11/9/2007. (cc:attys; any unrepresented party) (tmr) (Modified on 11/15/2007 to remove duplicate disclosures) (skh).
RESPONSE by United States of America in opposition of 42 Notice of Request for Oral Argument. (Talbert, Jeffrey) Modified document title on 10/26/2007 (Proctor, Rebecca).
MEMORANDUM OPINION AND ORDER directing as follows: denying defendants' 31 MOTION to Stay pending resolution of their motion to dismiss; counsel shall proceed to formulate an appropriate case management plan as further directed by the forthcoming order and notice. Signed by Judge John T. Copenhaver, Jr. on 10/18/2007. (cc: attys; any unrepresented parties) (mkw)
REPLY by A.T. Massey Coal Company, Massey Coal Services, Inc., Alex Energy, Inc., Aracoma Coal Company, Inc., Bandmill Coal Corporation, Big Bear Mining Company, Clear Fork Coal Company, Delbarton Mining Company, Duchess Coal Company, Elk Run Coal Company, Inc., Green Valley Coal Company, Independence Coal Company, Inc., Jacks Branch Coal Company, Long Fork Coal Company, Majestic Mining, Inc., Marfork Coal Company, Inc., Martin County Coal Corporation, New Ridge Mining Company, Omar Mining Company, Peerless Eagle Coal Co., Performance Coal Company, Power Mountain Coal Company, Rawl Sales & Processing, Co., Road Fork Development Company, Inc., Sidney Coal Company, Inc., Stirrat Coal Company, Trace Creek Coal Company, Massey Energy Company to 38 Response in Opposition to 32 MOTION by Defendants to Strike Proposed Intervenors' New Affidavits and Portions of 25 Reply Brief. (McLusky, Robert) (Modified title of entry, added link to #38 response and removed duplicate text on 10/2/2007) (Howie, Susan).
RESPONSE by Coal River Mountain Watch, Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy in opposition of 32 MOTION by Defendants to Strike Proposed Intervenors' New Affidavits and Portions of Reply Brief. (Roady, Stephen) Modified docket text to change linkages and delete excess text on 9/19/2007 (Proctor, Rebecca).
RESPONSE by Sierra Club, Coal River Mountain Watch, Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy in opposition of 13 MOTION by Defendants to Stay Litigation Pending Resolution of 15 . (Roady, Stephen) Modified to change linkages and delete excess text on 9/19/2007 (Proctor, Rebecca).
MEMORANDUM by United States of America in opposition to 31 MOTION by Defendants to Stay Litigation Pending Resolution of 15 MOTION by Defendants to Dismiss re: 1 Complaint(Talbert, Jeffrey) Modified to delete excess text on 9/19/2007 (Proctor, Rebecca).
ORDER granting as moulded Defendants' 29 MOTION to Extend Time to File Response/Reply as to 27 Memorandum In Opposition and to Exceed the Page Limit; Defendant shall file its reply to the United States' Opposition to Defendants' Motion to Dismiss by 09/07/07, and the reply brief shall not exceed 15 pages. Signed by Judge John T. Copenhaver, Jr. on 8/29/2007. (cc: attys) (mkw)
MOTION by Sierra Club to Intervene as Plaintiffs (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Certificate of Service)(Chavez, Jennifer)
MEMORANDUM by United States of America in opposition to 15 MOTION by Defendants to Dismiss re: 1 Complaint. (Attachments: # 1 Proposed Order # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11)(Talbert, Jeffrey) (Modified on 8/27/2007 to remove duplicate text and duplicate description of attachments) (Howie, Susan).
NOTICE by Coal River Mountain Watch, Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy of Filing Affidavits (Exhibits A-F to the 25 Reply) in Support of Motion to Intervene (Attachments: # 1 Affidavit A-F (signed)# 2 Certificate of Service)(Chavez, Jennifer) (Modified for clarification and to add link to #25 reply on 8/23/2007) (Howie, Susan).
REPLY by Coal River Mountain Watch, Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy to 22 Corrected Memorandum In Opposition to 6 MOTION by Coal River Mountain Watch, Ohio Valley Environmental Coalition, West Virginia Highlands Conservacy to Intervene as Plaintiff. (Attachments: # 1 Exhibit(s) A - F# 2 Exhibit(s) G)(Chavez, Jennifer) (Modified title of entry and added link to #22 memorandum on 8/16/2007) (Howie, Susan).
ORDER granting United States' 18 UNOPPOSED MOTION for Extension of Time to respond to defendants' 15 MOTION to Dismiss; Response to said motion due by 8/24/2007; and the memorandum in response shall not exceed 30 pages. Signed by Judge John T. Copenhaver, Jr. on 8/10/2007. (cc: attys) (taq)
ORDER granting the Proposed Intervenors' 21 MOTION to Extend Time to File a Reply to defendants' 17 Memorandum in Partial Opposition to their 6 Motion to Intervene, directing that the Proposed Intervenors shall be allowed 7 business days from the filing of the defendants' 22 Corrected Memorandum in Partial Opposition to said 6 Motion to Intervene within which to file their Reply. Signed by Judge John T. Copenhaver, Jr. on 8/10/2007. (cc: attys) (taq) (Modified on 8/13/2007 to correct typographical error) (Howie, Susan).
UNOPPOSED MOTION by West Virginia Highlands Conservacy, Coal River Mountain Watch, Ohio Valley Environmental Coalition to Extend Time to File Response/Reply re: 17 Memorandum in Partial Opposition to August 15, 2007 (Attachments: # 1 Proposed Order)(Roady, Stephen) (Modified title of entry, added additional filers, added link to #17 memorandum in opposition and edited description of attachment on 8/7/2007) (Howie, Susan).
UNOPPOSED MOTION by United States of America to Extend Time to File Response/Reply as to 15 Motion to Dismiss to August 24, 2007 and REQUEST to Exceed the Page Limit (Attachments: # 1 Proposed Order)(Talbert, Jeffrey) (Modified title of entry, added link to #15 motion, removed link to #16 memorandum and added request to exceed page limit on 8/7/2007) (Howie, Susan).
ORDER granting defendants' 12 MOTION to exceed 20-page limit; approving defendants' memorandum of no more than 30 pages in support of their motion to dismiss to be filed 7/27/2007. Signed by Judge John T. Copenhaver, Jr. on 7/27/2007. (cc: attys) (taq)
STIPULATION EXTENDING TIME re: 1 Complaint,, 6 MOTION by Coal River Mountain Watch, Ohio Valley Environmental Coalition, West Virginia Highlands Conservacy to Intervene as Plaintiff to July 27, 2007 by A.T. Massey Coal Company, Massey Coal Services, Inc., Alex Energy, Inc., Aracoma Coal Company, Inc., Bandmill Coal Corporation, Big Bear Mining Company, Clear Fork Coal Company, Delbarton Mining Company, Duchess Coal Company, Elk Run Coal Company, Inc., Green Valley Coal Company, Independence Coal Company, Inc., Jacks Branch Coal Company, Long Fork Coal Company, Majestic Mining, Inc., Marfork Coal Company, Inc., Martin County Coal Corporation, New Ridge Mining Company, Omar Mining Company, Peerless Eagle Coal Co., Performance Coal Company, Power Mountain Coal Company, Rawl Sales & Processing, Co., Road Fork Development Company, Inc., Sidney Coal Company, Inc., Stirrat Coal Company, Trace Creek Coal Company, Massey Energy Company, Coal River Mountain Watch, Ohio Valley Environmental Coalition, The United States of America, West Virginia Highlands Conservancy (McLusky, Robert) (Modified on 7/2/2007 to add additional filers) (Howie, Susan).
RESPONSE by The United States of America in support of 6 MOTION by Coal River Mountain Watch, Ohio Valley Environmental Coalition, West Virginia Highlands Conservacy to Intervene as Plaintiff. (Casto, Carol)
CERTIFICATE OF SERVICE filed by Coal River Mountain Watch, Ohio Valley Environmental Coalition, West Virginia Highlands Conservacy for Certificate of Service for Motion to Intervene (Lovett, Joseph)
MOTION by Coal River Mountain Watch, Ohio Valley Environmental Coalition, West Virginia Highlands Conservacy to Intervene as Plaintiff (Attachments: # 1 Affidavit of James Tawney# 2 Affidavit of Cindy Rank# 3 Affidavit of Julian Martin)(Lovett, Joseph)
WAIVER OF SERVICE EXECUTED. Waiver signed by John C. Martin on 5/24/2007. A.T. Massey Coal Company waiver mailed on 5/11/2007, answer due 7/10/2007; Massey Coal Services, Inc. waiver mailed on 5/11/2007, answer due 7/10/2007; Alex Energy, Inc. waiver mailed on 5/11/2007, answer due 7/10/2007; Aracoma Coal Company, Inc. waiver mailed on 5/11/2007, answer due 7/10/2007; Bandmill Coal Corporation waiver mailed on 5/11/2007, answer due 7/10/2007; Big Bear Mining Company waiver mailed on 5/11/2007, answer due 7/10/2007; Clear Fork Coal Company waiver mailed on 5/11/2007, answer due 7/10/2007; Delbarton Mining Company waiver mailed on 5/11/2007, answer due 7/10/2007; Duchess Coal Company waiver mailed on 5/11/2007, answer due 7/10/2007; Elk Run Coal Company, Inc. waiver mailed on 5/11/2007, answer due 7/10/2007; Green Valley Coal Company waiver mailed on 5/11/2007, answer due 7/10/2007; Independence Coal Company, Inc. waiver mailed on 5/11/2007, answer due 7/10/2007; Jacks Branch Coal Company waiver mailed on 5/11/2007, answer due 7/10/2007; Long Fork Coal Company waiver mailed on 5/11/2007, answer due 7/10/2007; Majestic Mining, Inc. waiver mailed on 5/11/2007, answer due 7/10/2007; Marfork Coal Company, Inc. waiver mailed on 5/11/2007, answer due 7/10/2007; Martin County Coal Corporation waiver mailed on 5/11/2007, answer due 7/10/2007; New Ridge Mining Company waiver mailed on 5/11/2007, answer due 7/10/2007; Omar Mining Company waiver mailed on 5/11/2007, answer due 7/10/2007; Peerless Eagle Coal Co. waiver mailed on 5/11/2007, answer due 7/10/2007; Performance Coal Company waiver mailed on 5/11/2007, answer due 7/10/2007; Power Mountain Coal Company waiver mailed on 5/11/2007, answer due 7/10/2007; Rawl Sales & Processing, Co. waiver mailed on 5/11/2007, answer due 7/10/2007; Road Fork Development Company, Inc. waiver mailed on 5/11/2007, answer due 7/10/2007; Sidney Coal Company, Inc. waiver mailed on 5/11/2007, answer due 7/10/2007; Stirrat Coal Company waiver mailed on 5/11/2007, answer due 7/10/2007; Trace Creek Coal Company waiver mailed on 5/11/2007, answer due 7/10/2007; Massey Energy Company waiver mailed on 5/11/2007, answer due 7/10/2007. (Casto, Carol)
NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS (Form 1A) by United States of America for A.T. Massey Coal Company, Massey Coal Services, Inc., Alex Energy, Inc., Aracoma Coal Company, Inc., Bandmill Coal Corporation, Big Bear Mining Company, Clear Fork Coal Company, Delbarton Mining Company, Duchess Coal Company, Elk Run Coal Company, Inc., Green Valley Coal Company, Independence Coal Company, Inc., Jacks Branch Coal Company, Long Fork Coal Company, Majestic Mining, Inc., Marfork Coal Company, Inc., Martin County Coal Corporation, New Ridge Mining Company, Omar Mining Company, Peerless Eagle Coal Co., Performance Coal Company, Power Mountain Coal Company, Rawl Sales & Processing, Co., Road Fork Development Company, Inc., Sidney Coal Company, Inc., Stirrat Coal Company, Trace Creek Coal Company, Massey Energy Company, with proposed WAIVER OF SERVICE OF SUMMONS FORM (Form 1B). (Casto, Carol)
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED AUGUST 1, 2006. This matter referred to Magistrate Judge Stanley for discovery. (cc:attys; any unrepresented party) (taq)
SUMMONS ISSUED by the Clerk on behalf of United States of America for A.T. Massey Coal Company, Massey Coal Services, Inc., Alex Energy, Inc., Aracoma Coal Company, Inc., Bandmill Coal Corporation, Big Bear Mining Company, Clear Fork Coal Company, Delbarton Mining Company, Duchess Coal Company, Elk Run Coal Company, Inc., Green Valley Coal Company, Independence Coal Company, Inc., Jacks Branch Coal Company, Long Fork Coal Company, Majestic Mining, Inc., Marfork Coal Company, Inc., Martin County Coal Corporation, New Ridge Mining Company, Omar Mining Company, Peerless Eagle Coal Co., Performance Coal Company, Power Mountain Coal Company, Rawl Sales & Processing, Co., Road Fork Development Company, Inc., Sidney Coal Company, Inc., Stirrat Coal Company, Trace Creek Coal Company, Massey Energy Company, re: 1 Complaint, returnable 20 days. Original Summons and 1 copy each returned to plaintiff's counsel for service. (taq) (Entered: 05/11/2007)
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