Case details

Court: wvsd
Docket #: 5:15-cv-06746
Case Name: Lampert et al v. Tams Management, Inc. et al
PACER case #: 189408
Date filed: 2015-05-26
Date terminated: 2016-03-18
Date of last filing: 2016-08-08
Assigned to: Judge Irene C. Berger
Case Cause: 28:1332 Diversity-Contract Dispute
Nature of Suit: 190 Contract: Other
Jury Demand: Both
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Thomas K. Lampert
Plaintiff
as Trustee for the
Brian A. Glasser
BAILEY & GLASSER 209 Capitol Street Charleston, WV 25301-1386 304/345-6555 Fax: 304/342-1110 Email: bglasser@baileyglasser.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Isaac Ralston Forman
BAILEY & GLASSER 209 Capitol Street Charleston, WV 25301-1386 304/345-6555 Fax: 304/342-1110 Email: iforman@baileyglasser.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Russell M. Soloway
BAILEY & GLASSER One Tower Bridge, Suite 1235 100 Front Street West Conshohocken, PA 19428 610/834-7506 Fax: 610/834-7509 Email: rsoloway@baileyglasser.com
TERMINATED: 06/06/2017 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas K. Lampert Irrevocable Trust
Plaintiff
Brian A. Glasser
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Isaac Ralston Forman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Russell M. Soloway
(See above for address)
TERMINATED: 06/06/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tams Management, Inc.
Defendant
Andrew L. Ellis
WOOTON WOOTON & DAVIS P. O. Box 3971 Charleston, WV 25339-3971 304/345-4611 Fax: 304/345-4607 Email: drew.ellis@wwdhe.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F. Hussell , IV
WOOTON WOOTON & DAVIS P. O. Box 3971 Charleston, WV 25339-3971 304/345-4611 Fax: 304/345-4607 Email: john.hussell@wwdhe.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John D. Wooton , Jr.
THE WOOTON LAW FIRM P. O. Box 2600 Beckley, WV 25802-2600 304/255-2188 Fax: 304/255-1289 Email: jody.wooton@wwdhe.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Southern Coal Corporation
Defendant
Andrew L. Ellis
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F. Hussell , IV
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John D. Wooton , Jr.
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-05-26 1 0 COMPLAINT. Filing Fee $400.00. Receipt # 0425-3913448. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet) (slr) 2016-03-11 14:49:15 bcad2b10efd61c2330a2330a76bfecbe4a5bb52a
1 1 Exhibit A
1 2 Exhibit B
1 3 Exhibit C
1 4 Exhibit D
1 5 Civil Cover Sheet
2015-05-26 2 0 ELECTRONIC SUMMONS ISSUED as to Southern Coal Corporation and Tams Management, Inc., 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). (Attachment: # 1 Southern Coal Corporation Summons) (slr)
2015-05-26 3 0 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED MAY 7, 2014. Discovery referred to Magistrate Judge VanDervort. (cc:attys; any unrepresented party) (slr)
2015-06-03 4 0 SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE re: 2 Electronic Summons Issued oh 1 Complaint. Accepted by Secretary of State on 5/28/2015 as to Tams Management, Inc. ; answer due 6/18/2015. (slr)
2015-06-03 5 0 SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE re: 2 Electronic Summons Issued on 1 Complaint. Accepted by Secretary of State on 5/28/2015 as to Southern Coal Corporation ; answer due 6/18/2015. (slr)
2015-06-04 6 0 STATEMENT OF VISITING ATTORNEY from Russell M. Soloway on behalf of Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust. Local counsel: Isaac R. Forman. Fee $50.00. Receipt # 0425-3933188. (Forman, Isaac)
2015-06-18 7 0 ANSWER TO 1 Complaint with Jury Demand by Southern Coal Corporation, Tams Management, Inc. (Hussell, John) (Modified on 6/18/2015 to add jury demand)(skh).
2015-06-19 8 0 ORDER AND NOTICE: Rule 12(b) Motions 7/20/2015. Rule 26(f) Meeting 8/5/2015. Last day to file report of Rule 26(f) Meeting 8/12/2015. Scheduling Conference at 9:00 AM on 8/26/2015 in Beckley. Entry of Scheduling Order 9/8/2015. Last Day to make Rule 26(a)(1) disclosures 9/11/2015. Signed by Judge Irene C. Berger on 6/19/2015. (cc:attys; any unrepresented party) (slr)
2015-07-06 9 0 RULE 26(f) REPORT OF PLANNING MEETING by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust, Southern Coal Corporation, Tams Management, Inc. (Forman, Isaac) (Modified on 7/6/2015 to add party filers)(skh).
2015-07-07 10 0 SCHEDULING ORDER: The Court ORDERS that the Scheduling Conference previously scheduled for 8/26/2015 is CANCELLED; it is ORDERED that this case proceed as follows: Joinder of Parties, amended pleadings due by 7/29/2015. Discovery requests to be completed by 9/22/2015 and all depositions by 11/6/2015. Expert Witness List by parties bearing the burden of proof due by 9/15/2015, by party not bearing burden of proof due by 10/6/2015, and to solely contradict or rebut evidence due by 10/20/2015. Dispositive Motions except those filed under Rule 12(b) due by 11/17/2015. Motions in Limine to be filed by 2/3/2016, with responses due by 2/10/2016. Plaintiff's portion of proposed Pretrial Order to defendants due by 4/4/2016. Proposed Integrated Pretrial Order due by 4/11/2016. Pretrial Conference set for 4/20/2016 at 11:00 AM in Beckley before Judge Irene C. Berger. Proposed Charges to the Jury due 4/25/2016. Final Settlement Conference at 11:00 AM on 4/27/2016 in Beckley. Jury Trial set for 5/2/2016 at 9:00 AM in Beckley before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 7/7/2015. (cc:attys; any unrepresented party) (slr)
2015-08-06 11 0 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Forman, Isaac)
11 1 Exhibit(s) A
11 2 Exhibit(s) B
11 3 Exhibit(s) C
11 4 Exhibit(s) D
11 5 Exhibit(s) E
2015-08-06 12 0 MEMORANDUM by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust in support of 11 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Summary Judgment (Forman, Isaac) 2016-03-11 15:54:28 415d6f65d0d33c5c1b2276b6088d126709c8c8b2
2015-08-27 13 0 RESPONSE by Southern Coal Corporation, Tams Management, Inc. in opposition to 11 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Summary Judgment (Attachment: # 1 Affidavit John F. Hussell, IV)(Hussell, John)
13 1 Affidavit John F. Hussell, IV
2015-09-03 14 0 REPLY by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust to 13 Response In Opposition. (Forman, Isaac)
2015-09-11 15 0 CERTIFICATE OF SERVICE by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Rule 26(a)(1) Initial Disclosures. (Forman, Isaac) (Modified on 9/15/2015 to remove disclosures) (taq).
2015-09-11 16 0 CERTIFICATE OF SERVICE by Southern Coal Corporation, Tams Management, Inc. for Rule 26(a)(1) Initial Disclosures. (Hussell, John)
2015-09-22 17 0 CERTIFICATE OF SERVICE filed by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Plaintiff's First Set of Interrogatories and Requests for Production of Documents (Forman, Isaac)
2015-10-20 18 0 CERTIFICATE OF SERVICE filed by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Plaintiff's Rebuttal Expert Disclosure (Forman, Isaac) (Modified on 10/21/2015 to convert event to Rule 26 Document) (taq).
2015-11-12 19 0 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Leave to File Surreply in Support of Plaintiff's Motion for Summary Judgment, with proposed document attached (Attachment: # 1 Exhibit A)(Forman, Isaac)
2015-11-17 20 0 MOTION by Southern Coal Corporation, Tams Management, Inc. for Summary Judgment (Hussell, John)
2015-11-17 21 0 MEMORANDUM OF LAW by Southern Coal Corporation, Tams Management, Inc. in support of 20 MOTION by Southern Coal Corporation, Tams Management, Inc. for Summary Judgment (Hussell, John) 2016-03-11 15:55:09 4dc034daa7b1181afff5d0da5c17af963eed2af3
2015-12-01 22 0 RESPONSE by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust in opposition to 20 MOTION by Southern Coal Corporation, Tams Management, Inc. for Summary Judgment (Forman, Isaac) 2016-03-11 16:55:53 9936dbf0b451d0f519f0d6ff359ff4ab93b2b4e5
2015-12-08 23 0 REPLY by Southern Coal Corporation, Tams Management, Inc. to 22 Response In Opposition. (Attachment: # 1 Certificate of Service)(Hussell, John)
2016-01-07 24 0 ORDER: Due to the retirement of Magistrate Judge R. Clarke VanDervort, this case is referred to Magistrate Judge Omar J. Aboulhosn for discovery matters. Signed by Clerk of Court Teresa L. Deppner on 1/7/2016. (cc: counsel of record; any unrepresented party). (cds)
2016-02-03 25 0 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust in Limine to Exclude Evidence Not Produced by Defendants in Discovery (Forman, Isaac)
2016-02-10 26 0 RESPONSE by Southern Coal Corporation, Tams Management, Inc. in opposition to 25 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust in Limine to Exclude Evidence Not Produced by Defendants in Discovery (Hussell, John) 2016-03-12 20:44:43 ab0e3d4e3fda283ba97cebbba38f75ddfec38dfc
2016-02-11 27 0 ORDER: The Court ORDERS that Plaintiff's 19 MOTION for Leave to File Surreply in Support of Plaintiff's Motion for Summary Judgment be DENIED. Signed by Judge Irene C. Berger on 2/11/2016. (cc: attys; any unrepresented party) (slr)
2016-03-11 28 0 MEMORANDUM OPINION AND ORDER: After thorough review and consideration, the Court ORDERS that the Plaintiff's 11 MOTION for Summary Judgment be GRANTED and that Defendants' 20 MOTION for Summary Judgment be DENIED. Signed by Judge Irene C. Berger on 03/11/2016. (cc: attys; any unrepresented party) (msa)
2016-03-11 29 0 TRANSMITTED CERTIFIED COPY of 28 Memorandum Opinion and Order to attorneys and any unrepresented party. (msa)
2016-03-18 30 0 JUDGMENT ORDER: In accordance with the 28 Memorandum Opinion and Order granting Plaintiff's Motion for Summary Judgment, the Court ORDERS that judgment be entered in favor of Thomas K. Lampert, as Trustee for the Thomas K. Lampert Irrevocable Trust, and that this case be DISMISSED and STRICKEN from the docket. Signed by Judge Irene C. Berger on 3/18/2016. (cc: attys; any unrepresented party) (slr)
2016-03-18 31 0 TRANSMITTED CERTIFIED COPY of 30 Judgment Order to attorneys and any unrepresented party. (slr)
2016-03-22 32 0 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust to Amend 30 Judgment Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Forman, Isaac) (Modified on 3/22/2016 to add link to #30 judgment order) (skh). 2016-04-26 17:15:36 ab0833ff834e5f647711092d5b179c4ab5a714e4
32 1 Exhibit(s) A
32 2 Exhibit(s) B
32 3 Exhibit(s) C
32 4 Exhibit(s) D
2016-04-05 33 0 CERTIFICATE OF SERVICE filed by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Plaintiff's First Set of Interrogatories, Requests for Production, and Requests for Admissions in Aid of Execution of Judgment (Forman, Isaac)
2016-04-08 34 0 MOTION by Southern Coal Corporation, Tams Management, Inc. to Alter or Amend 30 Judgment Order and MOTION to Certify Questions of Law to the Supreme Court of Appeals of West Virginia (Attachment: # 1 Certificate of Service)(Hussell, John). (Modified on 4/9/2016 to add link to #30 judgment order) (skh).
2016-04-08 35 0 MEMORANDUM OF LAW by Southern Coal Corporation, Tams Management, Inc. in support of 34 MOTION by Southern Coal Corporation, Tams Management, Inc. to Alter or Amend 30 Judgment Order and MOTION to Certify Questions of Law to the Supreme Court of Appeals of West Virginia (Attachment: # 1 Certificate of Service)(Hussell, John)
2016-04-22 36 0 RESPONSE by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust in opposition to 34 MOTION by Southern Coal Corporation, Tams Management, Inc. to Alter or Amend 30 Judgment Order and MOTION to Certify Questions of Law to the Supreme Court of Appeals of West Virginia (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Forman, Isaac) 2016-04-26 17:41:12 e26482c32b486447ebc9b22817078a59a159ff58
36 1 Exhibit(s) A
36 2 Exhibit(s) B
2016-05-20 37 0 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust to Compel Defendants to Answer Plaintiff's First Set of Interrogatories, Requests for Production, and Requests for Admissions in Aid of Execution of Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Forman, Isaac)
2016-06-07 38 0 RESPONSE by Southern Coal Corporation, Tams Management, Inc. in opposition to 37 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust to Compel Defendants to Answer Plaintiff's First Set of Interrogatories, Requests for Production, and Requests for Admissions in Aid of Execution of Judgment (Hussell, John)
2016-06-08 39 0 REPLY by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust to 38 Response In Opposition. (Forman, Isaac) (Modified on 6/8/2016 to convert event to reply to response) (skh).
2016-06-22 40 0 MEMORANDUM OPINION AND ORDER: After careful consideration, the Court ORDERS that the Defendants' 34 MOTION to Alter or Amend Judgment and MOTION to Certify Questions of Law to the Supreme Court of Appeals of West Virginia be DENIED. Signed by Judge Irene C. Berger on 06/22/2016. (cc: attys; any unrepresented party) (msa)
2016-07-01 41 0 NOTICE OF APPEAL WITH FEE PAID by Southern Coal Corporation, Tams Management, Inc.. Filing Fee $505. Receipt # 0425-4694508. (Hussell, John)
2016-07-01 42 0 TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via NOTICE OF APPELLATE ACTION re: 41 Notice of Appeal to the 4CCA. (slr)
2016-07-01 43 0 MOTION by Southern Coal Corporation, Tams Management, Inc. for Approval of Supersedeas Bond and Stay of Judgment Pending Appeal (Attachment: # 1 Appeal Bond)(Hussell, John)
2016-07-05 44 0 ORDER: It is ORDERED that counsel shall appear for a hearing on Plaintiff's 37 MOTION to Compel Discovery on 7/6/2016 at 2:30 PM in Beckley before Magistrate Judge Omar J. Aboulhosn. It is ORDERED that a representative on behalf of Defendant shall be present at the hearing. Signed by Magistrate Judge Omar J. Aboulhosn on 7/5/2016. (cc: attys; any unrepresented party) (slr)
2016-07-05 45 0 NOTICE OF APPELLATE CASE OPENING BY 4CCA re: 41 Notice of Appeal to the 4CCA in 4CCA Case No. 16-1744. Case Manager: Kirsten Hancock. (slr)
2016-07-06 46 0 MOTION HEARING held by Magistrate Judge Omar J. Aboulhosn on 7/6/2016 re: 37 MOTION by Thomas K. Lampert and the Thomas K. Lampert Irrevocable Trust to Compel Defendants to Answer Plaintiff's First Set of Interrogatories, Requests for Production, and Requests for Admissions in Aid of Execution of Judgment Court Reporter: CourtSmart. (slr) (Entered: 07/07/2016)
2016-07-07 47 0 ORDER: Pursuant to the Hearing held 7/6/2016 on the 37 MOTION by Thomas K. Lampert and Thomas K. Lampert Irrevocable Trust to Compel Defendants to Answer Plaintiff's First Set of Interrogatories, Requests for Production, and Requests for Admissions in Aid of Execution of Judgment, the Court ORDERS as follows: (A) Defendants will post by the close of business on 7/11/2016 an executed bond in the amount of $2,625,000.000; (B) For each day that Defendants are late in posting the bond and related information, Defendants will pay $1,000.00 in cash, directly to the Plaintiffs, as a penalty; (c) Plaintiffs will have until close of business on 7/14/2016 to pose some substantive objection to the bond or consent to its approval. Signed by Magistrate Judge Omar J. Aboulhosn on 7/7/2016. (cc: attys; any unrepresented party) (slr)
2016-07-07 48 0 EXHIBIT LIST FROM MOTION HEARING held 07/06/2016. (msa)
2016-07-08 49 0 4CCA JURISDICTIONAL NOTICE - AWAITING ENTRY OF ORDER UNDER FRAP 4(a) in 4CCA Case No. 16-1744, dated 7/8/2016: This appeal will not proceed until the district court has issued it ruling re: relief under Rule 4(a)(4) or (5). (slr) Modified on 7/13/2016 to add text (slr). (Entered: 07/09/2016)
2016-07-12 50 0 AMENDED JUDGMENT ORDER: The Court ORDERS that the Plaintiff's 32 MOTION to Alter or Amend Judgment be GRANTED; the Court ORDERS that the judgment be AMENDED to reflect a principal amount of $2,454,970.99, and post judgment interest of $45.74 per day, from the date of this Court's 30 Judgment Order. Signed by Judge Irene C. Berger on 7/12/2016. (cc: attys; any unrepresented party) (slr)
2016-07-12 51 0 TRANSMITTED CERTIFIED COPY of 50 Amended Judgment Order to attorneys and any unrepresented party. (slr)
2016-07-13 52 0 APPLICATION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Abstract of Judgment. (Forman, Isaac)
2016-07-14 53 0 ABSTRACT OF JUDGMENT issued by the Clerk on 7/14/2016. (cds)
2016-07-15 54 0 RESPONSE by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust in opposition to 43 MOTION by Southern Coal Corporation, Tams Management, Inc. for Approval of Supersedeas Bond and Stay of Judgment Pending Appeal (Forman, Isaac)
2016-07-27 55 0 APPLICATION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust FOR WRIT OF EXECUTION on 50 Order on Motion / Application / Petition to Alter or Amend Judgment, 30 Judgment, Judgment (Attachments: # 1 Exhibit(s) Writ of Execution, # 2 Exhibit(s) Process Receipt and Return)(Forman, Isaac)
2016-07-27 56 0 APPLICATION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust FOR WRIT OF EXECUTION on 50 Order on Motion / Application / Petition to Alter or Amend Judgment, 30 Judgment, Judgment (Attachments: # 1 Exhibit(s) Writ of Execution, # 2 Exhibit(s) Process Receipt and Return)(Forman, Isaac)
2016-07-27 57 0 TELEPHONIC STATUS CONFERENCE held by Magistrate Judge Omar J. Aboulhosn on 7/27/2016. (msa) (Entered: 07/28/2016)
2016-08-01 58 0 WRIT OF EXECUTION ISSUED by the Clerk on 8/1/2016, returnable 9/3/2016. Original and 1 copies delivered to the U. S. Marshal for service upon TAMS MANAGEMENT, INC.; (Attachments: # 1 Notice of Possibility of Exemption & USM 285 Form for Tams Management, Inc.)(Mailed Notice of Possibility of Exemptions and copy of Writ to Tams Management by reg. & cert. mail) (cds)
2016-08-01 59 0 WRIT OF EXECUTION ISSUED by the Clerk on 8/1/2016, returnable 9/3/2016 days. Original and 1 copies delivered to the U. S. Marshal for service on Southern Coal Corporation. (Attachments: # 1 Notice of Possibility of Exemptions & USM 285 Form for Southern Coal Corporation)(Mailed Notice of Possibility of Exemptions & copy of Writ to Southern Coal Corporation by reg. & cert. mail) (cds)
2016-08-03 60 0 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Appointment of Commissioner in Aid of Execution (Forman, Isaac)
2016-08-03 61 0 ORDER: The Court ORDERS that the 60 MOTION for Appointment of Commissioner in Aid of Execution be GRANTED, and that the Honorable Omar J. Aboulhosn, United States Magistrate Judge for the Southern District of West Virginia, be appointed to serve as commissioner in this matter, in accordance with West Virginia Code ยง38-5-1, et. seq. Signed by Judge Irene C. Berger on 8/3/2016. (cc: attys; any unrepresented party) (slr)
2016-08-04 62 0 APPLICATION FOR WRIT OF SUGGESTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for JPMorgan Chase Bank, N.A.; Lexon Insurance Company; Norfolk Southern Railway Company; Wells Fargo Advisors, LLC; Wells Fargo Capital Finance, LLC; Wells Fargo Financial West Virginia, Inc.; Wells Fargo Securities, LLC (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G)(Forman, Isaac)
2016-08-05 63 0 NOTICE OF SUPERSEDEAS BOND in the amount of $ 2,625,000.00 posted by Southern Coal Corporation, Tams Management, Inc. (Attachment: # 1 Exhibit 1)(Hussell, John)
2016-08-05 64 0 APPEAL BOND in the amount of $ 2,625,000.00 posted by Southern Coal Corporation, Tams Management, Inc. (cds)
2016-08-05 65 0 RESPONSE by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust in support of 43 MOTION by Southern Coal Corporation, Tams Management, Inc. for Approval of Supersedeas Bond and Stay of Judgment Pending Appeal. (Forman, Isaac)
2016-08-05 66 0 ORDER directing the Clerk to terminate 37 MOTION to Compel as moot. Signed by Magistrate Judge Omar J. Aboulhosn on 8/5/2016. (cc: attys; any unrepresented party) (cds)
2016-08-08 67 0 ORDER: The Court ORDERS that the Defendants' 43 MOTION for Approval of a Supersedeas Bond and Stay of Judgment Pending Appeal be GRANTED, that the Defendant's supersedeas bond be APPROVED, and that execution of the judgment in this case be STAYED during the pendency of the Defendant's appeal. Signed by Judge Irene C. Berger on 8/8/2016. (cc: attys; any unrepresented party) (slr)
2016-11-01 68 0 RECEIPT from Charleston Clerk's Office acknowledging RECEIPT of the Original 64 APPEAL BOND (filed 8/5/16). (cds) (Entered: 11/17/2016)
2016-11-28 69 0 RETURN OF SERVICE on 58 Writ of Execution Issued. Returned unexecuted by U. S. Marshal on 11/18/2016. (slr)
2016-11-28 70 0 RETURN OF SERVICE on 59 Writ of Execution Issued. Returned unexecuted by U. S. Marshal on 11/18/2016. (slr)
2017-04-11 71 0 4CCA OPINION re: 41 Notice of Appeal to the 4CCA in 4CCA Case No. 16-1744. (msa)
2017-04-11 72 0 4CCA JUDGMENT re: 41 Notice of Appeal to the 4CCA in 4CCA Case No. 16-1744. The judgment of the district court is affirmed. (msa)
2017-04-11 73 0 NOTICE OF JUDGMENT as to 41 Notice of Appeal to the 4CCA filed by Tams Management, Inc., Southern Coal Corporation in 4CCA Case Number 16-1744. (msa)
2017-04-11 74 0 MOTION by Russell M. Soloway to Withdraw as Co-Counsel for plaintiff Thomas K. Lampert (Soloway, Russell)
2017-04-25 75 0 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Attorneys' Fees and Costs (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Forman, Isaac)
2017-05-03 76 0 MANDATE re: 41 Notice of Appeal to the 4CCA in 4CCA Case No. 16-1744. The judgment of this Court, entered 4/11/2017, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (slr)
2017-05-09 77 0 RESPONSE by Southern Coal Corporation, Tams Management, Inc. in opposition to 75 MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Attorneys' Fees and Costs (Hussell, John)
2017-05-11 78 0 APPLICATION FOR WRIT OF SUGGESTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Wells Fargo Securities, LLC; Wells Fargo Financial West Virginia, Inc.; Wells Fargo Capital Finance, LLC; Wells Fargo Advisors, LLC; Norfolk Southern Railway Company; JP Morgan Chase Bank, N.A. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F)(Forman, Isaac)
2017-05-12 79 0 CERTIFICATE OF SERVICE by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust for Second Set of Interrogatories, Requests for Production and Requests for Admissions in Aid of Execution. (Forman, Isaac)
2017-05-17 80 0 REPLY by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust to 77 Response In Opposition. (Forman, Isaac)
2017-05-17 81 0 APPLICATION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust FOR WRIT OF EXECUTION on 50 Order on Motion / Application / Petition to Alter or Amend Judgment, Judgment (Attachments: # 1 Exhibit(s) Writ of Execution, # 2 Exhibit(s) Process Receipt and Return)(Forman, Isaac)
2017-05-17 82 0 APPLICATION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust FOR WRIT OF EXECUTION on 50 Order on Motion / Application / Petition to Alter or Amend Judgment, Judgment (Attachments: # 1 Exhibit(s) Writ of Execution, # 2 Exhibit(s) Process Receipt and Return)(Forman, Isaac)
2017-05-18 83 0 WRIT OF EXECUTION ISSUED by the Clerk on 5/18/2017, returnable 8/11/2017. Original and 2 copies delivered to the U. S. Marshal for service. Notice of Possibility of Exemptions mailed to Defendant via cert. mail, RRR, and via reg. mail. (Attachments: # 1 Notice of Possibility of Exemptions, # 2 USM 285 Form) (slr) Modified text on 5/19/2017 (slr).
2017-05-18 84 0 WRIT OF EXECUTION ISSUED by the Clerk on 5/18/2017, returnable 8/11/2017. Original and 2 copies delivered to the U. S. Marshal for service. Notice of Possibility of Exemptions mailed to Defendant, via cert. mail, RRR, and via reg. mail. (Attachments: # 1 Notice of Possibility of Exemptions, # 2 USM 285 Form) (slr) Modified text on 5/19/2017 (slr).
2017-05-18 85 0 WRIT OF SUGGESTIONS, with summons, issued by the Clerk for Suggestees, Wells Fargo Securities, LLC; Wells Fargo Financial West Virginia, Inc.; Wells Fargo Capital Finance, LLC; Wells Fargo Advisors, LLC; Norfolk Southern Railway Company; JPMorgan Chase Bank, N.A. on 5/18/2017. Mailed to United States Marshal for service. Notice of Possibility of Exemptions forwarded to Tams Management and Southern Coal Corp., via cert. mail, RRR and via reg. mail. (Attachments: # 1 Wells Fargo Financial, # 2 Wells Fargo Capital Finance, # 3 Wells Fargo Advisors, # 4 Norfolk Southern Railway Co, # 5 JPMorgan Chase, # 6 Notice of Possibility of Exemptions - Southern, # 7 Notice of Possibility of Exemptions - Tams, # 8 USM-285 Forms) (slr)
2017-05-23 86 0 RETURN RECEIPT CARD, addressed to Tams Management, received by Clerk, verifying Tams Management's receipt of 85 Writ of Suggestion Issued,, 84 Writ of Execution Issued, and 83 Writ of Execution Issued, along with the Notices of Possibility of Exemption; card signed by Cindy White on 5/22/2017. (slr)
2017-05-24 87 0 RETURN RECEIPT CARD, addressed to Southern Coal Corporation, received by Clerk on 5/24/2017, verifying Southern Coal Corporation's receipt of 85 Writ of Suggestion Issued, 84 Writ of Execution Issued, and 83 Writ of Execution Issued, along with Notices of Possibility of Exemptions. Card signed by Cindy White on 5/22/2017. (slr)
2017-06-06 88 0 ORDER: granting 74 MOTION to Withdraw as Co-Counsel for Plaintiff Thomas K. Lampert, filed by Attorney Russell M. Soloway; removing Russell M. Soloway as co-counsel of record for Plaintiff Thomas K. Lampert. Signed by Judge Irene C. Berger on 6/6/2017. (cc: attys; any unrepresented party) (slr)
2017-06-19 89 0 SATISFACTION OF JUDGMENT (Forman, Isaac) 2017-07-13 11:19:13 4a039ef19a04abf2bdbc3915e159c7fe1fb28a74
2017-06-19 90 0 STIPULATION OF DISMISSAL by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust (Forman, Isaac)
2017-06-27 91 0 ORDER OF DISMISSAL: dismissing this action with prejudice and striking it from the docket; terminating as moot any pending motions, including the 75 MOTION for Attorney Fees. Signed by Judge Irene C. Berger on 6/27/2017. (cc: attys; any unrepresented party) (slr)