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Ricky A. Johnson and Melissa A. Johnson v. Pinnacle Mining Company, LLC, et al.
Date: 07-16-2018
Case Number: 5:17-cv-03536
Judge: Irene C. Berger
Court: United States District Court for the Southern District of West Virginia (Raleigh County)
Plaintiff's Attorney: Christ Frost, Kevin Burgess and Seve Broadwater
Defendant's Attorney: David L. Delk, Jr., Devon J. Stewart, John Joseph Meadows, Peter J. Raupp and W. Eric Baisden for Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC and Seneca North American Coal, LLC
John D. Hoblitzell, III, Laura Ann Hoffman and Lindsay M. Gainer for Cliffs Natural Resources Inc.
Description:
Beckley, WV - Ricky A. Johnson and Melissa A. Johnson sued Pinnacle Mining Company, LLC, Pinnacle Mining Company, LLC, Seneca North American Coal, LLC, Cliffs Natural Resources Inc., Kenny Clay and Frank Fragale on personal injury and negligence theories.
08/15/2018 166 MOTION by Melissa A. Johnson, Ricky A. Johnson to Reinstate Case Upon Docket of This Court and MOTION to Enforce Mediated Settlement Agreement (Burgess, Kevin).
08/17/2018 167 RESPONSE by Cliffs Natural Resources Inc. in opposition to 166 MOTION by Melissa A. Johnson, Ricky A. Johnson to Reinstate Case Upon Docket of This Court and MOTION to Enforce Mediated Settlement Agreement (Attachment: # 1 Exhibit A - Mediation Terms)(Hoblitzell, John)
09/07/2018 168 REPLY by Melissa A. Johnson, Ricky A. Johnson to 167 Response In Opposition (Burgess, Kevin) (Modified on 9/9/2018 to remove link to #166 motion) (ts).
09/20/2018 169 SUPPLEMENT TO MOTION by Melissa A. Johnson, Ricky A. Johnson to 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement (Attachment: # 1 Exhibit 1)(Burgess, Kevin) (Modified on 9/24/2018 to SEAL document and attachment pursuant to the Court's Order entered 9/24/2018 (document #173))(slr).
09/20/2018 170 MEMORANDUM OF LAW by Melissa A. Johnson, Ricky A. Johnson in support of 169 SUPPLEMENT TO MOTION by Melissa A. Johnson, Ricky A. Johnson to 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement (Burgess, Kevin) (Modified on 9/24/2018 to SEAL document pursuant to the Court's Order entered 9/24/2018 (document #173))(slr).
09/21/2018 171 MOTION by Melissa A. Johnson, Ricky A. Johnson to Seal 169 SUPPLEMENT TO MOTION by Melissa A. Johnson, Ricky A. Johnson to 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement, 170 Memorandum In Support (Burgess, Kevin)
09/21/2018 172 MEMORANDUM OF LAW by Melissa A. Johnson, Ricky A. Johnson in support of 171 Motion to Seal 169 Supplement to Motion to 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement, 170 Memorandum In Support (Burgess, Kevin) (Modified on 9/21/2018 to remove links to # 166, #169 motions, #170 memorandum)(ts).
09/24/2018 173 ORDER: Granting Plaintiffs' 171 MOTION to Seal Their Supplement to Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Settlement; directing that document numbers 169, 169-1 and 170 be SEALED; directing that Plaintiffs' 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement be HELD IN ABEYANCE; scheduling a hearing on this matter for 2:30 p.m., on 10/17/2018, in Beckley, WV; directing that any officers or individuals needed to complete the steps necessary to satisfy the terms of the settlement agreement be present in person at the hearing; directing that any additional briefing on this matter be filed by 10/5/2018. Signed by Judge Irene C. Berger on 9/24/2018. (cc: attys; any unrepresented party) (slr)
10/02/2018 174 MOTION by Peter J. Raupp to Withdraw as Attorney on behalf of Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC, Seneca North American Coal, LLC (Raupp, Peter)
10/03/2018 175 RESPONSE by Melissa A. Johnson, Ricky A. Johnson in opposition to 174 MOTION by Peter J. Raupp to Withdraw as Attorney on behalf of Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC, Seneca North American Coal, LLC (Burgess, Kevin)
10/03/2018 176 ORDER: Directing the Defendants to respond to the request for an injunction no later than 5:00 PM Thursday, October 4, 2018. Signed by Judge Irene C. Berger on 10/3/2018. (cc: attys; any unrepresented party) (btm)
10/04/2018 177 RESPONSE by Cliffs Natural Resources Inc. in opposition to 175 Response In Opposition (Hoffman, Laura)
10/04/2018 178 RESPONSE by Cliffs Natural Resources Inc. in opposition to 169 SUPPLEMENT TO MOTION by Melissa A. Johnson, Ricky A. Johnson to 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement (Hoffman, Laura)
10/05/2018 180 MEMORANDUM OPINION AND ORDER: Granting the Plaintiffs' 175 Motion to Enjoin; enjoining Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC, and Seneca North American Coal, LLC from selling, disposing of, or removing assets from the State of West Virginia prior to the hearing scheduled for 10/17/2018; directing Steptoe & Johnson to ensure that this Order is served on Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC, and Seneca North American Coal, LLC. Signed by Judge Irene C. Berger on 10/5/2018. (cc: attys; any unrepresented party) (btm)
10/05/2018 181 TRANSMITTED CERTIFIED COPY of 180 Memorandum Opinion and Order to attorneys and any unrepresented party. (btm)
10/11/2018 182 ORDER: Directing Steptoe & Johnson to file a document with the Court, no later than 10/15/2018, that (a) identifies, by name and position, those officers and individuals whose presence is required at the scheduled motions hearing, and (b) verifies that it has served the Order requiring their presence on those officers and individuals. Signed by Judge Irene C. Berger on 10/10/2018. (cc: attys; any unrepresented party) (btm) (Modified text on 10/12/2018) (slr).
10/15/2018 183 RESPONSE by Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC, Seneca North American Coal, LLC to the Court's 182 Order. (Attachment: # 1 Exhibit A)(Meadows, John)
10/15/2018 184 NOTICE of Suggestion on Pendency of Bankruptcy for Mission Coal Company LLC, et al., and Automatic Stay of Proceedings by Pinnacle Mining Company, LLC (Attachment: # 1 Exhibit A to Notice)(Delk, David)
10/15/2018 185 STATEMENT OF VISITING ATTORNEY on behalf of W. Eric Baisden for Pinnacle Mining Company, LLC. Local counsel: David L. Delk. Fee $50.00. Receipt # AWVSDC-6856049. (Delk, David)
10/16/2018 186 ORDER: Cancelling the Hearing scheduled in this matter for 10/17/2018 at 2:30 p.m. Signed by Judge Irene C. Berger on 10/16/2018. (cc: attys; any unrepresented party) (slr)
08/15/2018 166 MOTION by Melissa A. Johnson, Ricky A. Johnson to Reinstate Case Upon Docket of This Court and MOTION to Enforce Mediated Settlement Agreement (Burgess, Kevin).
08/17/2018 167 RESPONSE by Cliffs Natural Resources Inc. in opposition to 166 MOTION by Melissa A. Johnson, Ricky A. Johnson to Reinstate Case Upon Docket of This Court and MOTION to Enforce Mediated Settlement Agreement (Attachment: # 1 Exhibit A - Mediation Terms)(Hoblitzell, John)
09/07/2018 168 REPLY by Melissa A. Johnson, Ricky A. Johnson to 167 Response In Opposition (Burgess, Kevin) (Modified on 9/9/2018 to remove link to #166 motion) (ts).
09/20/2018 169 SUPPLEMENT TO MOTION by Melissa A. Johnson, Ricky A. Johnson to 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement (Attachment: # 1 Exhibit 1)(Burgess, Kevin) (Modified on 9/24/2018 to SEAL document and attachment pursuant to the Court's Order entered 9/24/2018 (document #173))(slr).
09/20/2018 170 MEMORANDUM OF LAW by Melissa A. Johnson, Ricky A. Johnson in support of 169 SUPPLEMENT TO MOTION by Melissa A. Johnson, Ricky A. Johnson to 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement (Burgess, Kevin) (Modified on 9/24/2018 to SEAL document pursuant to the Court's Order entered 9/24/2018 (document #173))(slr).
09/21/2018 171 MOTION by Melissa A. Johnson, Ricky A. Johnson to Seal 169 SUPPLEMENT TO MOTION by Melissa A. Johnson, Ricky A. Johnson to 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement, 170 Memorandum In Support (Burgess, Kevin)
09/21/2018 172 MEMORANDUM OF LAW by Melissa A. Johnson, Ricky A. Johnson in support of 171 Motion to Seal 169 Supplement to Motion to 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement, 170 Memorandum In Support (Burgess, Kevin) (Modified on 9/21/2018 to remove links to # 166, #169 motions, #170 memorandum)(ts).
09/24/2018 173 ORDER: Granting Plaintiffs' 171 MOTION to Seal Their Supplement to Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Settlement; directing that document numbers 169, 169-1 and 170 be SEALED; directing that Plaintiffs' 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement be HELD IN ABEYANCE; scheduling a hearing on this matter for 2:30 p.m., on 10/17/2018, in Beckley, WV; directing that any officers or individuals needed to complete the steps necessary to satisfy the terms of the settlement agreement be present in person at the hearing; directing that any additional briefing on this matter be filed by 10/5/2018. Signed by Judge Irene C. Berger on 9/24/2018. (cc: attys; any unrepresented party) (slr)
10/02/2018 174 MOTION by Peter J. Raupp to Withdraw as Attorney on behalf of Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC, Seneca North American Coal, LLC (Raupp, Peter)
10/03/2018 175 RESPONSE by Melissa A. Johnson, Ricky A. Johnson in opposition to 174 MOTION by Peter J. Raupp to Withdraw as Attorney on behalf of Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC, Seneca North American Coal, LLC (Burgess, Kevin)
10/03/2018 176 ORDER: Directing the Defendants to respond to the request for an injunction no later than 5:00 PM Thursday, October 4, 2018. Signed by Judge Irene C. Berger on 10/3/2018. (cc: attys; any unrepresented party) (btm)
10/04/2018 177 RESPONSE by Cliffs Natural Resources Inc. in opposition to 175 Response In Opposition (Hoffman, Laura)
10/04/2018 178 RESPONSE by Cliffs Natural Resources Inc. in opposition to 169 SUPPLEMENT TO MOTION by Melissa A. Johnson, Ricky A. Johnson to 166 Motion to Reinstate Case Upon Docket of This Court and Motion to Enforce Mediated Settlement Agreement (Hoffman, Laura)
10/05/2018 180 MEMORANDUM OPINION AND ORDER: Granting the Plaintiffs' 175 Motion to Enjoin; enjoining Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC, and Seneca North American Coal, LLC from selling, disposing of, or removing assets from the State of West Virginia prior to the hearing scheduled for 10/17/2018; directing Steptoe & Johnson to ensure that this Order is served on Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC, and Seneca North American Coal, LLC. Signed by Judge Irene C. Berger on 10/5/2018. (cc: attys; any unrepresented party) (btm)
10/05/2018 181 TRANSMITTED CERTIFIED COPY of 180 Memorandum Opinion and Order to attorneys and any unrepresented party. (btm)
10/11/2018 182 ORDER: Directing Steptoe & Johnson to file a document with the Court, no later than 10/15/2018, that (a) identifies, by name and position, those officers and individuals whose presence is required at the scheduled motions hearing, and (b) verifies that it has served the Order requiring their presence on those officers and individuals. Signed by Judge Irene C. Berger on 10/10/2018. (cc: attys; any unrepresented party) (btm) (Modified text on 10/12/2018) (slr).
10/15/2018 183 RESPONSE by Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC, Seneca North American Coal, LLC to the Court's 182 Order. (Attachment: # 1 Exhibit A)(Meadows, John)
10/15/2018 184 NOTICE of Suggestion on Pendency of Bankruptcy for Mission Coal Company LLC, et al., and Automatic Stay of Proceedings by Pinnacle Mining Company, LLC (Attachment: # 1 Exhibit A to Notice)(Delk, David)
10/15/2018 185 STATEMENT OF VISITING ATTORNEY on behalf of W. Eric Baisden for Pinnacle Mining Company, LLC. Local counsel: David L. Delk. Fee $50.00. Receipt # AWVSDC-6856049. (Delk, David)
10/16/2018 186 ORDER: Cancelling the Hearing scheduled in this matter for 10/17/2018 at 2:30 p.m. Signed by Judge Irene C. Berger on 10/16/2018. (cc: attys; any unrepresented party) (slr)
Outcome:
07/16/2018 164 ORDER OF DISMISSAL: Dismissing this action with prejudice and striking it from the docket; advising that this civil action may be reinstated only upon written motion of one of the parties alleging good cause for such reinstatement and filed within 30 days of the entry of this Order; terminating as moot any motions pending at the time of this dismissal. Signed by Judge Irene C. Berger on 7/16/2018. (cc: attys; any unrepresented party) (btm)
07/16/2018 165 TRANSMITTED CERTIFIED COPY of 164 Order of Dismissal to attorneys and any unrepresented party. (btm)
07/16/2018 165 TRANSMITTED CERTIFIED COPY of 164 Order of Dismissal to attorneys and any unrepresented party. (btm)
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Ricky A. Johnson and Melissa A. Johnson v. Pinnacle Minin...?
The outcome was: 07/16/2018 164 ORDER OF DISMISSAL: Dismissing this action with prejudice and striking it from the docket; advising that this civil action may be reinstated only upon written motion of one of the parties alleging good cause for such reinstatement and filed within 30 days of the entry of this Order; terminating as moot any motions pending at the time of this dismissal. Signed by Judge Irene C. Berger on 7/16/2018. (cc: attys; any unrepresented party) (btm) 07/16/2018 165 TRANSMITTED CERTIFIED COPY of 164 Order of Dismissal to attorneys and any unrepresented party. (btm)
Which court heard Ricky A. Johnson and Melissa A. Johnson v. Pinnacle Minin...?
This case was heard in United States District Court for the Southern District of West Virginia (Raleigh County), VA. The presiding judge was Irene C. Berger.
Who were the attorneys in Ricky A. Johnson and Melissa A. Johnson v. Pinnacle Minin...?
Plaintiff's attorney: Christ Frost, Kevin Burgess and Seve Broadwater. Defendant's attorney: David L. Delk, Jr., Devon J. Stewart, John Joseph Meadows, Peter J. Raupp and W. Eric Baisden for Pinnacle Mining Company, LLC, Seneca Coal Resources, LLC and Seneca North American Coal, LLC John D. Hoblitzell, III, Laura Ann Hoffman and Lindsay M. Gainer for Cliffs Natural Resources Inc..
When was Ricky A. Johnson and Melissa A. Johnson v. Pinnacle Minin... decided?
This case was decided on July 16, 2018.