| Court: | wvsd |
| Docket #: | 3:11-cv-00115 |
| Case Name: | Ohio Valley Environmental Coalition, Inc. et al v. Apogee Coal Company, LLC et al |
| PACER case #: | 67591 |
| Date filed: | 2011-02-18 |
| Date terminated: | 2012-03-15 |
| Assigned to: | Judge Robert C. Chambers |
| Case Cause: | 33:1319 Clean Water Act |
| Nature of Suit: | 893 Environmental Matters |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Ohio Valley Environmental Coalition, Inc. Plaintiff |
Amy G. Dawson Derek O. Teaney Joseph Mark Lovett |
| West Virginia Highlands Conservancy, Inc. Plaintiff and |
Amy G. Dawson Derek O. Teaney Joseph Mark Lovett |
| Sierra Club Plaintiff |
Amy G. Dawson Derek O. Teaney Joseph Mark Lovett |
| Patriot Coal Corporation Defendant TERMINATED: 05/02/2016 |
Blair M. Gardner Robert G. McLusky Thomas J. Hurney , Jr. Christopher M. Hunter |
| Apogee Coal Company, LLC Defendant |
Blair M. Gardner Robert G. McLusky Thomas J. Hurney , Jr. Christopher M. Hunter |
| Catenary Coal Company, LLC Defendant and |
Blair M. Gardner Robert G. McLusky Thomas J. Hurney , Jr. Christopher M. Hunter |
| Hobet Mining, LLC Defendant |
Blair M. Gardner Robert G. McLusky Thomas J. Hurney , Jr. Christopher M. Hunter |
| United States of America Interested Party |
Frederick Harter Turner Matthew Z. Leopold |
| James H. Kyles Special Master AECOM Suite 400 257 West Genesee Street Buffalo, NY 14202 716/923-1129 |
James Kyles |
| ERP Environmental Fund, Inc. Defendant |
Christopher M. Hunter |
| ERP Environmental Fund, Inc. Defendant |
Christopher M. Hunter |
| ERP Environmental Fund, Inc. Defendant |
Christopher M. Hunter |
| ERP Environmental Fund, Inc. Defendant |
Christopher M. Hunter |
| ERP Environmental Fund, Inc. Defendant |
Christopher M. Hunter |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-02-18 | 1 | 0 | COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR CIVIL PENALTIES with Appendices A - K. Filing Fee $350.00. Receipt # 0425-1477563. (Attachment: # 1 Civil Cover Sheet) (lca) (Modified on 2/22/2011 to correct typographical error) (skh). | 2016-08-31 05:17:24 | 21f3db4252d1484a4320663cd689b95cb1ad431a | |
| 1 | 1 | Civil Cover Sheet | ||||
| 2011-02-18 | 2 | 0 | SUMMONS ISSUED by the Clerk on behalf of Sierra Club, Ohio Valley Environmental Coalition, Inc., West Virginia Highlands Conservancy, Inc. for Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, and Patriot Coal Corporation, re: 1 Complaint for Declaratory Judgment, returnable 21 days. Original Summons and 1 copy for each defendant mailed to Derek Teaney for service. (lca) | |||
| 2011-02-18 | 3 | 0 | STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 2, 2010. This matter referred to Magistrate Judge Eifert for discovery. (cc:attys; any unrepresented party) (lca) | |||
| 2011-02-18 | 4 | 0 | CORPORATE DISCLOSURE STATEMENT by Ohio Valley Environmental Coalition, Inc. (Teaney, Derek) | |||
| 2011-02-18 | 5 | 0 | CORPORATE DISCLOSURE STATEMENT by Sierra Club (Teaney, Derek) | |||
| 2011-02-18 | 6 | 0 | CORPORATE DISCLOSURE STATEMENT by West Virginia Highlands Conservancy, Inc. (Teaney, Derek) | |||
| 2011-02-28 | 7 | 0 | SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE, re: 1 Complaint for Declaratory Judgment. Accepted by Secretary of State on 2/23/2011 as to Catenary Coal Company, LLC; answer due 3/16/2011. (gan) | |||
| 2011-02-28 | 8 | 0 | SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE, re: 1 Complaint for Declaratory Judgment. Accepted by Secretary of State on 2/23/2011 as to Hobet Mining, LLC; answer due 3/16/2011. (gan) | |||
| 2011-02-28 | 9 | 0 | SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE, re: 1 Complaint for Declaratory Judgment. Accepted by Secretary of State on 2/23/2011 as to Patriot Coal Corporation; answer due 3/16/2011. (gan) | |||
| 2011-02-28 | 10 | 0 | SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE, re: 1 Complaint for Declaratory Judgment. Accepted by Secretary of State on 2/23/2011 as to Apogee Coal Company, LLC; answer due 3/16/2011. (gan) | |||
| 2011-03-01 | 11 | 0 | RETURN RECEIPT NOTIFICATION FROM SECRETARY OF STATE for Catenary Coal Company, LLC re: 7 Summons Returned Executed by Secretary of State. Return Receipt Card signed by Kelli Rucker on 2/25/2011; answer deadline previously set for Catenary Coal Company, LLC. (ras) | |||
| 2011-03-01 | 12 | 0 | RETURN RECEIPT NOTIFICATION FROM SECRETARY OF STATE for Hobet Mining, LLC re: 8 Summons Returned Executed by Secretary of State. Return Receipt Card signed by Kelli Rucker on 2/25/2011; answer deadline previously set for Hobet Mining, LLC. (ras) | |||
| 2011-03-01 | 13 | 0 | RETURN RECEIPT NOTIFICATION FROM SECRETARY OF STATE for Patriot Coal Corporation re: 9 Summons Returned Executed by Secretary of State. Return Receipt Card signed by Kelli Rucker on 2/25/2011; answer deadline previously set for Patriot Coal Corporation. (ras) | |||
| 2011-03-01 | 14 | 0 | RETURN RECEIPT NOTIFICATION FROM SECRETARY OF STATE for Apogee Coal Company, LLC re: 10 Summons Returned Executed by Secretary of State. Return Receipt Card signed by Kelli Rucker on 2/25/2011; answer deadline previously set for Apogee Coal Company, LLC. (ras) | |||
| 2011-03-16 | 15 | 0 | JOINT STIPULATION FOR EXTENSION IN WHICH TO ANSWER OR OTHERWISE PLEAD to the 1 Complaint for Declaratory Judgment to March 28, 2011 by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Ohio Valley Environmental Coalition, Inc., Patriot Coal Corporation, Sierra Club, West Virginia Highlands Conservancy, Inc. (Gardner, Blair) (Modified title of entry to conform to filed document on 3/16/2011) (skh). | |||
| 2011-03-28 | 16 | 0 | INCORRECT ENTRY; SEE ENTRY #19. (Modified on 3/28/2011 to remove image and file memorandum only as entry #19) (skh). | |||
| 2011-03-28 | 17 | 0 | MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation to Dismiss 1 Complaint for Declaratory Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5a, # 6 Exhibit 5b, # 7 Exhibit 5c, # 8 Exhibit 6, # 9 Exhibit 7a, # 10 Exhibit 7b, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11)(Gardner, Blair) | |||
| 2011-03-28 | 18 | 0 | MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation to Exceed Page Limitation for Memorandum of Law in Support of Motion to Dismiss (Gardner, Blair)(Modified text to conform to filed document and to remove memorandum (attachment #1) as it is filed at entry 19 on 3/28/2011) (skh). | |||
| 2011-03-28 | 19 | 0 | MEMORANDUM by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation in support of 17 MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation to Dismiss 1 Complaint for Declaratory Judgment (skh) | |||
| 2011-03-29 | 20 | 0 | ORDER granting 18 MOTION for Leave to Exceed Page Limitation. Signed by Judge Robert C. Chambers on 3/29/2011. (cc: attys; any unrepresented party) (skm) | |||
| 2011-04-04 | 21 | 0 | DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation (Gardner, Blair) | |||
| 2011-04-08 | 22 | 0 | MOTION by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. for Order and Notice (Dawson, Amy) | |||
| 2011-04-14 | 23 | 0 | FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR CIVIL PENALTIES by Ohio Valley Environmental Coalition, Inc., West Virginia Highlands Conservancy, Inc. and Sierra Club against Patriot Coal Corporation, Apogee Coal Company, LLC, Catenary Coal Company, LLC and Hobet Mining, LLC. (skh) | |||
| 2011-04-14 | 24 | 0 | MOTION by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. to Exceed Page Limit for Response to Defendants' Motion to Dismiss, with proposed document attached (Attachments: # 1 Proposed Order, # 2 Response to Motion to Dismiss, # 3 Pls Ex 1 EPA Apogee Objection, # 4 Pls Ex 2 Apogee Docket, # 5 Pls Ex 3 EPA Objection WV0096962, # 6 Pls Ex 4 EPA Objection WV1014684, # 7 Pls Ex 5 Catenary Docket, # 8 Pls Ex 6 Hobet 1 Consent Decree, # 9 Pls Ex 7 Apogee Logan County Complaint, # 10 Pls Ex 8 Gunnoe Decl., # 11 Pls Ex 9 Stockman Decl. 1, # 12 Pls Ex 10 Rank Decl., # 13 Pls Ex 11 Nelson Decl., # 14 Pls Ex 12 Martin Decl, # 15 Pls Ex 13 Price Decl, # 16 Pls Ex 14 Miller Decl., # 17 Pls Ex 15 Stockman Decl. 2)(Teaney, Derek) (Modified text to conform to filed document on 4/15/2011) (skh). | |||
| 2011-04-15 | 25 | 0 | ORDER granting 24 MOTION for Leave to Exceed Page Limit. The Court directs the Clerk to file plaintiffs' response, and its associated exhibits, to defendants' motion to dismiss with an effective filing date of 4/14/2011. Signed by Judge Robert C. Chambers on 4/15/2011. (cc: attys) (gan) | |||
| 2011-04-15 | 26 | 0 | RESPONSE by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. in opposition of 17 MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation to Dismiss 1 Complaint for Declaratory Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15) (EFFECTIVE FILING DATE 04/11/2011) (gan) Modified on 4/15/2011 to add text for clarity (dcm). | |||
| 2011-04-15 | 27 | 0 | ORDER, directing the defendants to respond to plaintiffs' 22 MOTION for Order and Notice by 4/22/2011. Signed by Judge Robert C. Chambers on 4/15/2011. (cc: attys) (gan) | |||
| 2011-04-21 | 28 | 0 | RESPONSE by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation to 22 MOTION by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. for Order and Notice and MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation for Order Setting a Date to Answer or Otherwise Respond to the 23 First Amended Complaint. (Gardner, Blair) (Modified text to conform to filed document, to add link to #22 motion and #23 first amended complaint, to remove link to #27 order and to convert event to a motion to extend time to file answer on 4/22/2011) (skh). | |||
| 2011-05-02 | 29 | 0 | MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation to Dismiss 23 First Amended Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5a, # 6 Exhibit 5b, # 7 Exhibit 5c, # 8 Exhibit 6, # 9 Exhibit 7a, # 10 Exhibit 7b, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11)(Gardner, Blair) (Modified text to add "first" on 5/2/2011) (skh). | |||
| 2011-05-02 | 30 | 0 | MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation for Leave to Exceed Page Limitation for Memorandum of Law in Support of Motion to Dismiss Plaintiffs' First Amended Complaint (Gardner, Blair) (Modified text to conform to filed document on 5/2/2011) (skh). | |||
| 2011-05-02 | 31 | 0 | MEMORANDUM y Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation in support of 29 MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation to Dismiss 23 First Amended Complaint (Gardner, Blair) (Modified text to conform to filed document on 5/2/2011) (skh). | 2011-11-27 07:46:19 | 89113037ff052ccbdc83073986d2b4f42e119ea6 | |
| 2011-05-03 | 32 | 0 | ORDER granting 30 MOTION for Leave to File Excess Pages. Signed by Judge Robert C. Chambers on 5/3/2011. (cc: attys; any unrepresented party) (skm) | |||
| 2011-05-19 | 33 | 0 | MOTION by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. to Exceed Page Limit for Response to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint, with proposed document attached (Attachments: # 1 Response Memorandum to Motion to Dismiss, # 2 Pl Ex 1 EPA Apogee Objection, # 3 Pls Ex 2 Apogee Docket, # 4 Pls Ex 3 EPA Catenary Objection WV0096962, # 5 Pls Ex 4 EPA Catenary Objection WV1014684, # 6 Pls Ex 5 Catenary Docket, # 7 Pls Ex 6 Hobet I Consent Decree, # 8 Pls Ex 7 Apogee Complaint Logan County, # 9 Proposed Order granting Motion to Exceed Page Limit)(Teaney, Derek) (Modified on 5/20/2011 to remove duplicate text) (skh). | |||
| 2011-05-20 | 34 | 0 | ORDER granting 33 MOTION for Leave to exceed page limit for Response to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint; Clerk directed to file the response and its associated exhibits with an effective filing date of 05/19/2011. Signed by Judge Robert C. Chambers on 5/20/2011. (cc: attys; any unrepresented party) (dcm) | |||
| 2011-05-20 | 35 | 0 | RESPONSE by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. in opposition of 29 MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation to Dismiss 23 First Amended Complaint. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7) EFFECTIVE FILING DATE 05/19/2011 (dcm) Modified on 5/23/2011 to add text for clarity (dcm). | 2011-11-27 11:21:42 | 720550dba072f947a088c0d118bdfa3bafd73248 | |
| 35 | 1 | Exhibit(s) 1 | ||||
| 35 | 2 | Exhibit(s) 2 | ||||
| 35 | 3 | Exhibit(s) 3 | ||||
| 35 | 4 | Exhibit(s) 4 | ||||
| 35 | 5 | Exhibit(s) 5 | ||||
| 35 | 6 | Exhibit(s) 6 | ||||
| 35 | 7 | Exhibit(s) 7 | ||||
| 2011-05-31 | 36 | 0 | MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation for Leave to Exceed Page Limitation for Reply to Plaintiffs' Memorandum in Opposition to Motion to Dismiss, with proposed document attached (Attachments: # 1 Proposed Reply, # 2 Exhibit 2 to Reply, # 3 Exhibit 1 to Reply)(Gardner, Blair) (Modified text to conform to filed document and to edit description of attachments on 6/1/2011) (skh). | |||
| 2011-06-06 | 37 | 0 | ORDER granting 36 MOTION for Leave to exceed page limitation; Clerk directed to file the response and its associated exhibits with an effective filing date of 05/31/2011. Signed by Judge Robert C. Chambers on 6/6/2011. (cc: attys; any unrepresented party) (dcm) | |||
| 2011-06-06 | 38 | 0 | RESPONSE/REPLY by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation in opposition of 35 Response In Opposition. EFFECTIVE FILING DATE OF 05/31/2011. (Attachments: # Exhibit 1, # Exhibit 2) (dcm) | |||
| 2011-10-25 | 39 | 0 | ORDER denying as moot 17 MOTION to Dismiss Complaint. Signed by Judge Robert C. Chambers on 10/25/2011. (cc: attys; any unrepresented party) (skm) | |||
| 2011-12-07 | 40 | 0 | MEMORANDUM OPINION AND ORDER granting Plaintiffs' 22 MOTION for Order and Notice; denying Defendants' 29 MOTION to Dismiss Plaintiffs' First Amended Complaint. Signed by Judge Robert C. Chambers on 12/7/2011. (cc: attys; any unrepresented parties) (mkw) | 2011-12-08 10:22:14 | 77ffe3dfea4fd0cb3eb65481dac186e4c85fd28b | |
| 2011-12-08 | 41 | 0 | ORDER denying Defendants' 28 MOTION for Order Setting a Date to Answer or Otherwise Respond to the First Amended Complaint. Signed by Judge Robert C. Chambers on 12/8/2011. (cc: attys; any unrepresented parties) (mkw) | |||
| 2011-12-09 | 42 | 0 | ORDER AND NOTICE: Rule 26(f) Meeting 1/30/2012. Last day to file report of Rule 26(f) Meeting 2/13/2012. Scheduling Conference at 11:30 AM on 2/13/2012 in Huntington. Entry of Scheduling Order 2/23/2012. Last Day to make Rule 26(a)(1) disclosures 2/27/2012. Signed by Judge Robert C. Chambers on 12/9/2011. (cc:attys; any unrepresented party) (dcm) | |||
| 2011-12-14 | 43 | 0 | JOINT STIPULATION FOR EXTENSION IN WHICH TO ANSWER re: 23 First Amended Complaint to January 16, 2012 by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Ohio Valley Environmental Coalition, Inc., Patriot Coal Corporation, Sierra Club, West Virginia Highlands Conservancy, Inc. (Gardner, Blair) (Modified text to conform to filed document, to add link to #23 first amended complaint and to remove link to #41 order on 12/14/2011) (skh). | |||
| 2012-01-17 | 44 | 0 | JOINT STIPULATION FOR EXTENSION IN WHICH TO ANSWER re: 23 First Amended Complaint to January 30, 2012 by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Ohio Valley Environmental Coalition, Inc., Patriot Coal Corporation, Sierra Club, West Virginia Highlands Conservancy, Inc. (Gardner, Blair) (Modified text to conform to filed document, to add link to #23 first amended complaint and to remove link to #42 order and notice on 1/17/2012) (skh). | |||
| 2012-01-18 | 45 | 0 | NOTICE of Lodging of Proposed Consent Decree by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. (Attachment: # 1 Proposed Consent Decree)(Teaney, Derek) | |||
| 2012-01-18 | 46 | 0 | NOTICE of Service of Consent Decree on United States by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. (Teaney, Derek) | |||
| 2012-01-30 | 47 | 0 | JOINT MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Ohio Valley Environmental Coalition, Inc., Patriot Coal Corporation, Sierra Club, West Virginia Highlands Conservancy, Inc. to Suspend 42 Order and Notice and Deadline for Filing Answer to First Amended Complaint (Teaney, Derek) (Modified on 1/30/2012 to add link to #42 order and notice) (skh). | |||
| 2012-01-30 | 48 | 0 | ORDER granting 47 MOTION to suspend the deadlines contained in its 12/09/2011 Order and Notice as well as the 01/30/2012 deadline by which defendants were to respond to Plaintiffs First Amended Complaint; terminating 47 MOTION for Extension of Time to Answer Signed by Judge Robert C. Chambers on 1/30/2012. (cc: attys; any unrepresented party) (dcm) | |||
| 2012-03-02 | 49 | 0 | SUBMISSION OF APPENDIX D by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation to 45 Consent Decree. (Attachments: # 1 Appendix D-1, # 2 Appendix D-1, # 3 Appendix D-1, # 4 Appendix D-1, # 5 Appendix D-1, # 6 Appendix D-1, # 7 Appendix D-1, # 8 Appendix D-1, # 9 Appendix D-1, # 10 Appendix D-1, # 11 Appendix D-2, # 12 Appendix D-2, # 13 Appendix D-2, # 14 Appendix D-2, # 15 Appendix D-2, # 16 Appendix D-2, # 17 Appendix D-2, # 18 Appendix D-2, # 19 Appendix D-2, # 20 Appendix D-2, # 21 Appendix D-3, # 22 Appendix D-3, # 23 Appendix D-4)(Gardner, Blair) | |||
| 2012-03-05 | 50 | 0 | NOTICE of No Objection to Entry of Consent Judgment by United States of America re: 45 NOTICE of Lodging of Proposed Consent Decree (Leopold, Matthew) | |||
| 2012-03-15 | 51 | 0 | CONSENT DECREE. Signed by Judge Robert C. Chambers on 3/15/2012. (cc: attys; any unrepresented party) (skm) | 2016-08-31 05:38:08 | 4544e4bace4c0670859c82b6a471ecc10fb77fe1 | |
| 2012-03-15 | 52 | 0 | MEMORANDUM OPINION AND ORDER The Court Orders that the proposed consent decree be entered with the Court's approval on this date; with the entry of this decree, the Court Orders that this action be, and hereby is, dismissed and stricken from the active docket, with the Court retaining jurisdiction over this case as set forth in Part XVI of the Consent Decree. Signed by Judge Robert C. Chambers on 3/15/2012. (cc: attys; any unrepresented party) (skm) | 2012-03-16 10:17:47 | f3426474a34e74500f8ac6e094428ab4e8b6d739 | |
| 2012-03-19 | 53 | 0 | PROPOSED ORDER Joint Nomination for Special Master and Proposed Order by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Ohio Valley Environmental Coalition, Inc., Patriot Coal Corporation, Sierra Club, West Virginia Highlands Conservancy, Inc. (Gardner, Blair) | |||
| 2012-03-21 | 54 | 0 | PROPOSED ORDER Appointing James H. Kyles as Special Master by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Ohio Valley Environmental Coalition, Inc., Patriot Coal Corporation, Sierra Club, West Virginia Highlands Conservancy, Inc. (Gardner, Blair) | |||
| 2012-03-23 | 55 | 0 | ORDER appointing James H. Kyles as Special Master pursuant to Fed. R. Civ. P. 53(a)(1)(A) to implement the provisions of the Consent Decree as described in paragraphs 66-70. Signed by Judge Robert C. Chambers on 3/23/2012. (cc: attys; any unrepresented parties) (mkw) | |||
| 2012-03-26 | 56 | 0 | ORDER CONFIRMING SPECIAL MASTER James H. Kyles is appointed as Special Master. Signed by Judge Robert C. Chambers on 3/26/2012. (Attachments: # 1 Exhibit(s) 1 (Billing rates), # 2 Affidavit 2 (James Kyles)) (cc: attys; any unrepresented party) (dcm) | |||
| 2012-07-11 | 57 | 0 | NOTICE of Automatic Stay by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation (Gardner, Blair) | |||
| 2012-07-24 | 58 | 0 | MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation for Modification of Orders and to Schedule Hearing (McLusky, Robert). (Modified text for clarity on 7/24/2012) (skh). | |||
| 2012-07-25 | 59 | 0 | ORDER granting 58 MOTION to Modify 61 Order ; granting 58 MOTION for Hearing ; hearing set for 08/10/2012 at 10:00 am. Signed by Judge Robert C. Chambers on 7/25/2012. (cc: attys; any unrepresented party) (dcm) | |||
| 2012-08-09 | 60 | 0 | ORDER After consultation with the parties, the previously scheduled hearing set for 08/10/2012, at 10:00 am is cancelled; a telephonic status conference will be held 08/10/2012, at 10:00 am. Signed by Judge Robert C. Chambers on 8/9/2012. (cc: attys; any unrepresented party) (dcm) | |||
| 2012-08-10 | 61 | 0 | TELEPHONIC STATUS CONFERENCE held by Judge Robert C. Chambers on 8/10/2012; Court Reporter: not reported. (trj) | |||
| 2012-08-10 | 62 | 0 | ORDER The Court extends the Stay and Extension in the Order dated 07/25/2012 in these case for an additional seven days; Hearing set for 8/16/2012 10:00 AM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 8/10/2012. (cc: attys; any unrepresented party) (skm) | |||
| 2012-08-16 | 63 | 0 | STATUS CONFERENCE held by Judge Robert C. Chambers on 8/16/2012; Court Reporter: Teresa Harvey. (trj) | |||
| 2012-08-16 | 64 | 0 | ORDER extending the stay and extension in the Order entered on 07/25/2012 in this case for an additional thirty days, and directing the parties to advise the Court of their status prior to that time. Signed by Judge Robert C. Chambers on 8/16/2012. (cc: attys; any unrepresented parties) (mkw) | |||
| 2012-09-11 | 65 | 0 | ORDER Telephonic Status Conference set for 9/12/2012 01:15 PM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 9/11/2012. (cc: attys; any unrepresented party) (dcm) | |||
| 2012-09-12 | 66 | 0 | ORDER The Court extends the stay and extension in the Order entered 07/25/2012 by an additional 14 days, in order to provide the parties a chance to file other motions and pleadings to advise the Court about the next steps in this case. The parties have until 09/17/2012 to file pleadings seeking short-term relief, and until 09/21/2012 to file responses to those pleadings. The parties then have until 09/24/2012 to file their replies. Signed by Judge Robert C. Chambers on 9/12/2012. (cc: attys; any unrepresented party) (dcm) | |||
| 2012-09-12 | 67 | 0 | TELEPHONIC STATUS CONFERENCE held by Judge Robert C. Chambers on 9/12/2012; not reported. (trj) | |||
| 2012-09-17 | 68 | 0 | TELEPHONIC STATUS CONFERENCE held by Judge Robert C. Chambers on 9/17/2012; not reported. (trj) | |||
| 2012-09-17 | 69 | 0 | ORDER The Court finds that, because the Bankruptcy Court is expected to rule on Patriot's motion to lift the stay by 10/12/2012, in the interest of judicial economy, the matter before this Court is Stayed; the Court schedules a Telephonic Status Conference set for 10/12/2012 11:30 AM in Huntington before Judge Robert C. Chambers; this Court Suspends the deadlines set out in the Order dated 09/12/2012, pending further order. Signed by Judge Robert C. Chambers on 9/17/2012. (cc: attys; any unrepresented party) (skm) | |||
| 2012-10-12 | 70 | 0 | TELEPHONIC STATUS CONFERENCE held by Judge Robert C. Chambers on 10/12/2012; Court Reporter: not reported. (trj) | |||
| 2012-10-12 | 71 | 0 | ORDER Pursuant to a telephonic status conference held 10/12/2012, the Court extends the stay previously granted on 09/17/2012, pending a ruling on the proposed motion to extend the deadlines. Defendants must file any motions in this regard by 10/16/2012. Plaintiffs' response is due on 10/23/2012 and defendants' reply is due on 10/26/2012. Signed by Judge Robert C. Chambers on 10/12/2012. (cc: attys; any unrepresented party) (dcm) | |||
| 2012-10-16 | 72 | 0 | MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation for Modification of Orders and 51 Consent Decree (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(McLusky, Robert) | |||
| 2012-10-16 | 73 | 0 | MEMORANDUM by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation in support of 72 MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation for Modification of Orders and 51 Consent Decree (McLusky, Robert) | |||
| 2012-10-23 | 74 | 0 | MOTION by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. to Exceed Page Limitations for Plaintiffs' Response to Defendants' Motion for Modification of Orders and Consent Decree (Attachments: # 1 Proposed Oversize Memorandum, # 2 Exhibit 1 to Response Memorandum, # 3 Exhibit 2 to Response Memorandum, # 4 Exhibit 3 to Response Memorandum, # 5 Exhibit 4 to Response Memorandum, # 6 Proposed Order)(Teaney, Derek) | |||
| 2012-10-24 | 75 | 0 | ORDER granting Plaintiffs' 74 MOTION to Exceed Page Limitations. Signed by Judge Robert C. Chambers on 10/24/2012. (cc: attys; any unrepresented parties) (mkw) | |||
| 2012-10-24 | 76 | 0 | RESPONSE by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. to 72 MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation for Modification of Orders and 51 Consent Decree. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (mkw) | |||
| 2012-10-26 | 77 | 0 | REPLY by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation to 76 Response In Opposition. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McLusky, Robert) | |||
| 2012-11-02 | 78 | 0 | ORDER Setting Hearing on Motion 72 MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation for Modification of Orders and 51 Consent Decree : Motion Hearing set for 11/7/2012 10:00 AM in Huntington before Judge Robert C. Chambers; the Court also Orders that the parties disclose to the Court and to the other parties, on or before 11/05/2012, a list of witnesses, exhibits and evidence that will be presented, as well as a summary of any anticipated testimony. Signed by Judge Robert C. Chambers on 11/2/2012. (cc: attys; any unrepresented party) (skm) | |||
| 2012-11-05 | 79 | 0 | DISCLOSURE STATEMENT/WITNESS LIST by Defendants Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation (McLusky, Robert) | |||
| 2012-11-05 | 80 | 0 | DISCLOSURE STATEMENT/WITNESS LIST by Plaintiffs Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. (Teaney, Derek) | |||
| 2012-11-06 | 81 | 0 | ORDER re: Defendants' 72 MOTION for Modification of Orders and Consent Decree; continuing the current stay in this case, canceling the hearing set for 11/07/2012 and scheduling a conference for 11/15/2012 at 1:30 p.m. in Huntington. Signed by Judge Robert C. Chambers on 11/6/2012. (cc: attys; any unrepresented parties) (mkw) | |||
| 2012-11-15 | 82 | 0 | STATUS CONFERENCE held by Judge Robert C. Chambers on 11/15/2012; Court Reporter: Teresa Ruffner. (trj) | |||
| 2012-11-15 | 83 | 0 | ORDER, the Court continues the current stay in this matter, pending further action. Signed by Judge Robert C. Chambers on 11/15/2012. (cc: attys; any unrepresented party) (klc) | |||
| 2012-11-15 | 84 | 0 | JOINT STIPULATION REGARDING MOTION TO MODIFY ORDER AND CONSENT DECREE by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Ohio Valley Environmental Coalition, Inc., Patriot Coal Corporation, Sierra Club, West Virginia Highlands Conservancy, Inc. (Attachments: # 1 Exhibit A -- Global Settlement Agreement, # 2 Exhibit B -- Form of Motion, # 3 Exhibit C -- Proposed Modified Consent Decree)(Teaney, Derek) | |||
| 2012-12-14 | 85 | 0 | LETTER-FORM NOTICE of No Objection to the Proposed Consent Judgment by United States of America re: 84 Joint Stipulation (Turner, Frederick) | |||
| 2012-12-20 | 86 | 0 | JOINT MOTION by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation, Ohio Valley Environmental Coalition, Inc., West Virginia Highlands Conservancy, Inc., Sierra Club to Enter Modified Consent Decree (Gardner, Blair) (Modified on 12/20/2012 to add party filers) (skh). | |||
| 2013-01-09 | 87 | 0 | MODIFIED CONSENT DECREE, re: 86 JOINT MOTION to Enter Modified Consent Decree. Signed by Judge Robert C. Chambers on 1/9/2013. (cc: attys; any unrepresented party) (mkw) (Modified on 1/9/2013 to add link to #86 motion and clarify text) (mkw). | |||
| 2013-01-09 | 88 | 0 | MEMORANDUM OPINION AND ORDER granting 86 JOINT MOTION to Enter Modified Consent Decree; directing that the Modified Consent Decree be entered with the Court's approval on this date; with the entry of this decree, directing that this action is dismissed and stricken from the active docket, with the Court retaining jurisdiction over this case as set forth in Part XVI of the Modified Consent Decree and denying as moot the 72 Motion for Modification of Orders and Consent Decree. Signed by Judge Robert C. Chambers on 1/9/2013. (cc: attys; any unrepresented parties) (mkw) | |||
| 2014-09-05 | 89 | 0 | JOINT NOTICE OF SUBMISSION OF ADDENDA TO MODIFIED CONSENT DECREE by Patriot Coal Corporation, Ohio Valley Environmental Coalition, Inc., West Virginia Highlands Conservancy, Inc., Sierra Club re: 87 Modified Consent Decree (Attachments: # 1 Addendum 1, # 2 Addendum 2)(Gardner, Blair) (Modified on 9/5/2014 to add party filers) (skh). | |||
| 2015-10-09 | 90 | 0 | ORDER directing Defendants to file a memorandum by 10/14/2015 explaining how the final approved plan in the Patriot Coal Corporation bankruptcy proceedings affect the Defendants' obligation in this case. Signed by Judge Robert C. Chambers on 10/9/2015. (cc: attys; any unrepresented parties) (mkw) | 2015-10-12 10:26:13 | 36fd73bc48cbf7bea6209249b7701cc0b134a680 | |
| 2015-10-14 | 91 | 0 | RESPONSE by Hobet Mining, LLC, Patriot Coal Corporation to the Court's 90 Order. (Attachment: # 1 Exhibit 1)(Gardner, Blair) | |||
| 2015-10-19 | 92 | 0 | ORDER directing Defendants to file a supplemental memorandum by 10/20/2015 specifically addressing the effect, if any, the final approved plan in the Patriot Coal Corporation bankruptcy proceedings will have on the $15 million Peabody Energy Corporate Guarantee. Signed by Judge Robert C. Chambers on 10/19/2015. (cc: counsel of record; any unrepresented parties) (jsa) | |||
| 2015-10-20 | 93 | 0 | RESPONSE by Hobet Mining, LLC, Patriot Coal Corporation to the Court's 92 Order. (Gardner, Blair) | |||
| 2015-11-03 | 94 | 0 | RESPONSE by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. to 91 Response to Court Order/Defendants' Explanation of Reorganization Plan (Teaney, Derek) | 2016-05-27 16:32:09 | c02e3dc08571d376000c0ae4c8317c2f30099505 | |
| 2016-01-11 | 95 | 0 | JOINT NOTICE OF SUBMISSION OF ADDENDUM TO 87 MODIFIED CONSENT DECREE by Apogee Coal Company, LLC, Catenary Coal Company, LLC, Hobet Mining, LLC, Patriot Coal Corporation, Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. (Hunter, Christopher) (Modified on 1/11/2016 to add party filers) (skh). | |||
| 2016-04-29 | 96 | 0 | MOTION by Patriot Coal Corporation to Substitute Parties (Gardner, Blair) | |||
| 2016-05-02 | 97 | 0 | ORDER re: 96 MOTION to Substitute Parties; directing that ERP Environmental Fund, Inc. be substituted as the Defendant in this action. Signed by Judge Robert C. Chambers on 5/2/2016. (cc: attys; any unrepresented parties) (mkw) | |||
| 2016-07-01 | 98 | 0 | JOINT NOTICE of Submission of Addendum to Modified Consent Decree by ERP Environmental Fund, Inc., West Virginia Highlands Conservancy, Inc., Sierra Club, Ohio Valley Environmental Coalition, Inc. (Hunter, Christopher) (Modified on 7/5/2016 to add party filers) (rea). | |||
| 2016-08-19 | 99 | 0 | JOINT MOTION by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc., ERP Environmental Fund, Inc. to Modify 87 Modified Consent Decree (Attachment: # 1 Proposed Second Modified Consent Decree)(Teaney, Derek) (Modified on 8/19/2016 to add party filer) (rea). | |||
| 99 | 1 | Proposed Second Modified Consent Decree | 2016-08-31 08:00:21 | 6f0d7bf8a7d3356c875425d6e8b7fb643db90412 | ||
| 2016-08-19 | 100 | 0 | NOTICE OF ERRATA by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc., ERP Environmental Fund, Inc. (Attachment: # 1 First Errata to the Selenium Settlement Agreement)(Teaney, Derek) (Modified on 8/21/2016 to add party filer) (skh). | |||
| 100 | 1 | First Errata to Selenium Settlement Agreement | ||||
| 2016-08-26 | 101 | 0 | NOTICE OF RECEIPT OF PROPOSED CONSENT DECREE BY THE UNITED STATES by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. (Teaney, Derek) | |||
| 2016-09-01 | 102 | 0 | JOINT NOTICE OF SUBMISSION OF ADDENDUM TO MODIFIED CONSENT DECREE by ERP Environmental Fund, Inc., Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. (Hunter, Christopher) (Modified on 9/1/2016 to add party filers) (skh). | |||
| 2016-10-03 | 103 | 0 | LETTER-FORM COMMENTS on the Proposed Modified Consent Decree by United States of America re: 99 JOINT MOTION by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc., ERP Environmental Fund, Inc. to Modify 87 Modified Consent Decree (Turner, Frederick) | |||
| 2016-10-05 | 104 | 0 | ORDER granting 99 JOINT MOTION by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc., ERP Environmental Fund, Inc. to Modify 87 Modified Consent Decree; pursuant to the 100 Notice of Errata filed on August 19, 2016 with the Court, the First Errata to the Selenium Settlement Agreement is to be appended to Appendix F of the Second Modified Consent Decree. Signed by Judge Robert C. Chambers on 10/5/2016. (cc: attys; any unrepresented parties) (mkw) | |||
| 2016-10-07 | 105 | 0 | SECOND MODIFIED CONSENT DECREE. Signed by Judge Robert C. Chambers on 10/7/2016. (cc: attys; any unrepresented party) (mkw) | |||
| 2017-02-09 | 106 | 0 | JOINT NOTICE OF SUBMISSION OF ADDENDUM TO 105 SECOND MODIFIED CONSENT DECREE by ERP Environmental Fund, Inc., Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. (Hunter, Christopher) (Modified on 2/9/2017 to add party filers) (skh). | |||
| 2017-03-31 | 107 | 0 | FIRST QUARTERLY PROGRESS REPORT - First Quarter 2017 by ERP Environmental Fund, Inc. (Hunter, Christopher) | |||
| 2017-07-28 | 108 | 0 | ORDER directing the responsible party to either pay the amounts specified in the outstanding invoices referenced herein or show cause to the Court as to why the responsible party shall not be held in contempt for failure to pay by 8/18/2017. Signed by Judge Robert C. Chambers on 7/28/2017. (cc: counsel of record; any unrepresented parties) (jsa) | |||
| 2017-08-18 | 109 | 0 | RESPONSE by ERP Environmental Fund, Inc. to the Court's 108 Order. (Attachment: # 1 Exhibit A)(Hunter, Christopher) | 2017-08-18 12:43:10 | eddfaaa1a6041a3a195f91629c687343f2314444 | |
| 109 | 1 | Exhibit(s) Exhibit A |