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Ohio Valley Environmental Coalition et al v. Fola Coal Company, LLC, No. 2:13-cv-21588 (S.D.W. Va.)
Case Title: Ohio Valley Environmental Coalition et al v. Fola Coal Company, LLC
Case Type: Civil Case
Court: U.S. District Court for the Southern District of West Virginia
Index Number(s): 2:2013cv21588, 2:13-cv-21588
Nature of Suit: 893 Environmental Matters
Judge: Robert C. Chambers
Case Opened: August 8, 2013
Case Closed September 14, 2018
Docket Entries
Date Filed Dkt # Entry Text
Aug 8, 2013 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR CIVIL PENALTIES. Filing Fee $400.00. Receipt # 0425-2597679. (Attachments: # 1 Civil Cover Sheet) (tmh)
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Civil Cover Sheet
Aug 8, 2013 2 ELECTRONIC SUMMONS ISSUED as to Fola Coal Company, LLC, re: 1 Complaint for Declaratory Judgment. 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). (tmh)
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Aug 12, 2013 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED APRIL 8, 2013. Discovery referred to Magistrate Judge Tinsley. (cc:attys; any unrepresented party) (tmh)
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Sep 6, 2013 4 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE as to Fola Coal Company, LLC, re: 1 Complaint for Declaratory and Injunctive Relief. Accepted by Secretary of State on 9/3/2013 as to Fola Coal Company, LLC; answer due 9/24/2013. (taq) (Entered: 09/09/2013)
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Sep 24, 2013 5 ANSWER TO 1 Complaint for Declaratory and Injunctive Relief and for Civil Penalties by Fola Coal Company, LLC.(Hughes, Jennifer)
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Sep 25, 2013 6 ORDER AND NOTICE: Rule 12(b) Motions 10/24/2013. Rule 26(f) Meeting 11/18/2013. Last day to file report of Rule 26(f) Meeting 11/25/2013. Scheduling/status conference at 11:30 AM on 12/9/2013 in Huntington. Entry of Scheduling Order 12/19/2013. Last Day to make Rule 26(a)(1) disclosures 12/23/2013. Signed by Judge Robert C. Chambers on 9/25/2013. (cc: attys; any unrepresented party) (tmr)
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Oct 9, 2013 7 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Fola Coal Company, LLC (Hughes, Jennifer)
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Nov 5, 2013 8 STATEMENT OF VISITING ATTORNEY from James M. Hecker on behalf of Sierra Club, Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy. Local counsel: Joe Lovett. Fee $50.00. Receipt # 0425-2762893. (Becher, J.)
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Nov 25, 2013 9 RULE 26(f) REPORT OF PLANNING MEETING by Ohio Valley Environmental Coalition, Sierra Club, West Virginia Highlands Conservancy. (Becher, J.)
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Nov 26, 2013 10 RULE 26(f) REPORT OF PLANNING MEETING by Fola Coal Company, LLC, Ohio Valley Environmental Coalition, Sierra Club, West Virginia Highlands Conservancy. (Hughes, Jennifer) (Modified on 11/26/2013 to add party filers) (skh).
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Nov 26, 2013 11 SCHEDULING ORDER: Directing that this case is bifurcated; Phase I the Court will resolve all jurisdictional and liability issues; the court will address the schedule as to Phase II at the conclusion of Phase I; directing as follows as to Phase I: Joinder of Parties, amended pleadings due by 3/7/2014. Discovery requests to be completed by 11/14/2014; and all depositions by 12/30/2014, the discovery completion date. Expert Witness List by parties bearing the burden of proof due by 9/19/2014, by party not bearing burden of proof due by 11/21/2014, and to solely contradict or rebut evidence due by 1/9/2015. Dispositive Motions except those filed under Rule 12(b) due by 1/23/2015, any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. Settlement Meeting and Rule 26(a)(3) disclosures by 3/9/2015. Plaintiffs' portion of proposed Pretrial Order to defendant(s) due by 3/16/2015, and Proposed Integrated Pretrial Order due by 3/23/2015. Pretrial Conference set for 3/30/2015 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Findings of Fact and Conclusions of Law due by 3/30/2015. Final Settlement Conference at 09:30 AM on 4/13/2015 in Huntington. Trial to the Court set for 4/14/2015 at 09:00 AM in Huntington before Judge Robert C. Chambers. Cancelling the scheduling conference set for 12/9/2013. Signed by Judge Robert C. Chambers on 11/26/2013. (cc: attys; any unrepresented parties) (taq)
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Dec 18, 2013 12 CERTIFICATE OF SERVICE by Ohio Valley Environmental Coalition, Sierra Club, West Virginia Highlands Conservancy for Rule 26(a)(1) Initial Disclosures. (Becher, J.)
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Dec 18, 2013 13 CERTIFICATE OF SERVICE filed by Ohio Valley Environmental Coalition, Sierra Club, West Virginia Highlands Conservancy for Plaintiffs' First Request for Production of Documents (Becher, J.)(Modified text for clarity on 1/3/2014) (taq).
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Dec 23, 2013 14 CERTIFICATE OF SERVICE by Fola Coal Company, LLC for Rule 26(a)(1) Initial Disclosures. (Hughes, Jennifer)
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Feb 3, 2014 15 CERTIFICATE OF SERVICE filed by Fola Coal Company, LLC for Fola Coal Company, LLC's Response to Plaintiffs' First Request for Production of Documents (Tyree, Matthew)
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Mar 14, 2014 16 MOTION by Ohio Valley Environmental Coalition, Sierra Club, West Virginia Highlands Conservancy, Foley Coal Company, LLC to consolidate cases 2:13-16044 and 2:13-21588 (Attachment: # 1 Proposed Order)(Becher, J.) (Modified on 3/14/2014 to add party filer) (skh).
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Mar 17, 2014 17 ORDER granting the 16 JOINT MOTION to Consolidate Civil Action No. 2:13-16044 with Civil Action No. 2:13-21588 and directing the two actions consolidated; Civil Action No. 2:13-21588 shall be designated as the lead case, and the matter shall proceed under that styling; the consolidated case will now be subject to the current Scheduling Order in Civil Action No. 2:13-21588. Signed by Judge Robert C. Chambers on 3/17/2014. (cc: attys; any unrepresented party) (taq)
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Apr 1, 2014 18 CERTIFICATE OF SERVICE filed by Fola Coal Company, LLC for Fola Coal Company's First Response to Plaintiffs' First Request for Production of Documents (Tyree, Matthew)
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Apr 15, 2014 19 CERTIFICATE OF SERVICE filed by Fola Coal Company, LLC for Fola Coal Company's Response to Plaintiffs' Third Request for Production of Documents (Tyree, Matthew)
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May 23, 2014 20 CERTIFICATE OF SERVICE filed by Fola Coal Company, LLC for Fola Coal Company, LLC's First Supplemental Response to Plaintiffs' First Request for Production of Documents (Tyree, Matthew)
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