This case was last updated from PACER on 01/13/2020 at 08:27:46 (UTC).

Rice v. Mingo Logan Coal LLC et al

Case Summary

On 11/14/2019 Rice filed a Personal Injury - Other Personal Injury lawsuit against Mingo Logan Coal LLC. This case was filed in U.S. District Courts, West Virginia Southern District. The Judge overseeing this case is John T. Copenhaver, Jr.. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-00812

  • Filing Date:

    11/14/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    U.S. District Courts

  • Courthouse:

    West Virginia Southern District

Judge Details

Presiding Judge

John T. Copenhaver, Jr.

 

Party Details

Plaintiff

Titus Rice

Defendants

Mingo Logan Coal LLC

Arch Coal, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Robert B. Warner

Attorney at WARNER LAW OFFICES

P. O. Box 3327

Charleston, WV 25333

Andrew D. Byrd

Attorney at WARNER LAW OFFICES

P. O. Box 3327

Charleston, WV 25333

Defendant Attorneys

Matthew J. Perry

Attorney at LAMP BARTRAM LEVY TRAUTWEIN & PERRY

P. O. Box 2488

Huntington, WV 25725

Randall L. Trautwein

Attorney at LAMP BARTRAM LEVY TRAUTWEIN & PERRY

P. O. Box 2488

Huntington, WV 25725

 

Court Documents

#16

(#16) STIPULATION Plaintiff has until 1/14/2020 to file his answers, responses and any objections to First Set of Interrogatories and Requests for Production of Documents and First Set of Interrogatories and Requests for Production of Documents by Titus Rice, Mingo Logan Coal LLC, Arch Coal, Inc. (Byrd, Andrew) (Modified on 1/7/2020 to add party filers) (kew).

#15

(#15) ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b) consistent with Federal Rule of Evidence 502(b) and Federal Rule of Civil Procedure 26(b), directing that the following procedures herein shall govern the inadvertent production of privileged or confidential documents. Signed by Judge John T. Copenhaver, Jr. on 12/17/2019. (cc: counsel of record; any unrepresented party) (kew)

#14

(#14) ORDER SETTING DEPOSITION PROTOCOL the parties have agreed to a protocol governing the taking of depositions in this case; directing as more fully set forth that the following protocol shall be followed with all depositions conducted herein. Signed by Judge John T. Copenhaver, Jr. on 12/17/2019. (cc: counsel of record) (kew)

#13

(#13) PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Judge John T. Copenhaver, Jr. on 12/17/2019. (cc: counsel of record; any unrepresented party) (kew)

#12

(#12) PROPOSED ORDER Agreed Order Governing the Inadvertent Disclosure of Documents or Other Material Under Rule 502(d) by Arch Coal, Inc., Mingo Logan Coal LLC, Titus Rice. (Perry, Matthew) (Modified on 12/16/2019 to add party filer) (kew).

#11

(#11) PROPOSED ORDER Order Setting Deposition Protocol by Arch Coal, Inc., Mingo Logan Coal LLC, Titus Rice. (Perry, Matthew) (Modified on 12/16/2019 to add party filer) (kew).

#10

(#10) PROPOSED ORDER Protective Order by Arch Coal, Inc., Mingo Logan Coal LLC, Titus Rice. (Perry, Matthew) (Modified on 12/16/2019 to add party filer) (kew).

#9

(#9) ORDER directing that the scheduling conference is cancelled and that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 2/2/2020. Discovery requests to be completed by 5/15/2020. Expert Witness List by parties bearing the burden of proof due by 4/30/2020, by party not bearing burden of proof due by 6/1/2020, and to solely contradict or rebut evidence due by 6/15/2020. Discovery to close by 6/29/2020. Dispositive Motions except those filed under Rule 12(b) due by 7/20/2020, with Responses due by 8/3/2020, and Replies due by 8/10/2020. Settlement Meeting to be held by 9/21/2020. Motions in Limine to be filed by 9/28/2020, with responses due by 10/5/2020. Plaintiffs portion of proposed Pretrial Order to defendants due by 9/23/2020, Integrated Pretrial Order due by 9/30/2020. Pretrial Conference set for 10/16/2020 at 2:30 PM in Charleston before Judge John T. Copenhaver, Jr. Proposed Jury Charges due by 11/2/2020. Final Settlement Conference at 2:30 PM on 11/9/2020 in Charleston. Trial set for 11/10/2020 at 9:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 12/10/2019. (cc: counsel of record; any unrepresented parties) (kew)

#8

(#8) CERTIFICATE OF SERVICE by Arch Coal, Inc. for First Set of Interrogatories and Requests for Production of Documents. (Trautwein, Randall)

#7

(#7) CERTIFICATE OF SERVICE by Mingo Logan Coal LLC for First Set of Interrogatories and Requests for Production of Documents. (Trautwein, Randall)

#6

(#6) RULE 26(f) REPORT OF PLANNING MEETING by Mingo Logan Coal LLC, Titus Rice, Arch Coal, Inc. (Perry, Matthew) (Modified on 12/9/2019 to add party filers) (kew).

#5

(#5) ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Mingo Logan Coal LLC. (Perry, Matthew) (Modified on 11/20/2019 to add link to #1 notice of removal) (kew).

1 #5

Civil Cover Sheet

1 #4

Service of Process for Arch Coal

1 #3

Service of Process for Mingo Logan

1 #2

State Court Docket Sheet

1 #1

State Court Complaint

#1

(#1) NOTICE OF REMOVAL by Arch Coal, Inc., Mingo Logan Coal LLC with summons, complaint and docket sheet from Circuit Court of Logan County. Filing Fee $400.00. Receipt #AWVSDC-7460254. (Attachments: #1 State Court Complaint, #2 State Court Docket Sheet, #3 Service of Process for Mingo Logan, #4 Service of Process for Arch Coal, #5 Civil Cover Sheet) (lca)

10 More Documents Available

 

Docket Entries

  • 01/06/2020
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  • (#16) STIPULATION Plaintiff has until 1/14/2020 to file his answers, responses and any objections to First Set of Interrogatories and Requests for Production of Documents and First Set of Interrogatories and Requests for Production of Documents by Titus Rice, Mingo Logan Coal LLC, Arch Coal, Inc. (Byrd, Andrew) (Modified on 1/7/2020 to add party filers) (kew).

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  • 12/17/2019
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  • (#15) ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b) consistent with Federal Rule of Evidence 502(b) and Federal Rule of Civil Procedure 26(b), directing that the following procedures herein shall govern the inadvertent production of privileged or confidential documents. Signed by Judge John T. Copenhaver, Jr. on 12/17/2019. (cc: counsel of record; any unrepresented party) (kew)

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  • 12/17/2019
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  • (#14) ORDER SETTING DEPOSITION PROTOCOL the parties have agreed to a protocol governing the taking of depositions in this case; directing as more fully set forth that the following protocol shall be followed with all depositions conducted herein. Signed by Judge John T. Copenhaver, Jr. on 12/17/2019. (cc: counsel of record) (kew)

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  • 12/17/2019
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  • (#13) PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Judge John T. Copenhaver, Jr. on 12/17/2019. (cc: counsel of record; any unrepresented party) (kew)

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  • 12/13/2019
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  • (#12) PROPOSED ORDER Agreed Order Governing the Inadvertent Disclosure of Documents or Other Material Under Rule 502(d) by Arch Coal, Inc., Mingo Logan Coal LLC, Titus Rice. (Perry, Matthew) (Modified on 12/16/2019 to add party filer) (kew).

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  • 12/13/2019
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  • (#11) PROPOSED ORDER Order Setting Deposition Protocol by Arch Coal, Inc., Mingo Logan Coal LLC, Titus Rice. (Perry, Matthew) (Modified on 12/16/2019 to add party filer) (kew).

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  • 12/13/2019
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  • (#10) PROPOSED ORDER Protective Order by Arch Coal, Inc., Mingo Logan Coal LLC, Titus Rice. (Perry, Matthew) (Modified on 12/16/2019 to add party filer) (kew).

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  • 12/10/2019
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  • (#9) ORDER directing that the scheduling conference is cancelled and that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 2/2/2020. Discovery requests to be completed by 5/15/2020. Expert Witness List by parties bearing the burden of proof due by 4/30/2020, by party not bearing burden of proof due by 6/1/2020, and to solely contradict or rebut evidence due by 6/15/2020. Discovery to close by 6/29/2020. Dispositive Motions except those filed under Rule 12(b) due by 7/20/2020, with Responses due by 8/3/2020, and Replies due by 8/10/2020. Settlement Meeting to be held by 9/21/2020. Motions in Limine to be filed by 9/28/2020, with responses due by 10/5/2020. Plaintiffs portion of proposed Pretrial Order to defendants due by 9/23/2020, Integrated Pretrial Order due by 9/30/2020. Pretrial Conference set for 10/16/2020 at 2:30 PM in Charleston before Judge John T. Copenhaver, Jr. Proposed Jury Charges due by 11/2/2020. Final Settlement Conference at 2:30 PM on 11/9/2020 in Charleston. Trial set for 11/10/2020 at 9:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 12/10/2019. (cc: counsel of record; any unrepresented parties) (kew)

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  • 12/09/2019
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  • (#8) CERTIFICATE OF SERVICE by Arch Coal, Inc. for First Set of Interrogatories and Requests for Production of Documents. (Trautwein, Randall)

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  • 12/09/2019
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  • (#7) CERTIFICATE OF SERVICE by Mingo Logan Coal LLC for First Set of Interrogatories and Requests for Production of Documents. (Trautwein, Randall)

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  • 12/09/2019
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  • (#6) RULE 26(f) REPORT OF PLANNING MEETING by Mingo Logan Coal LLC, Titus Rice, Arch Coal, Inc. (Perry, Matthew) (Modified on 12/9/2019 to add party filers) (kew).

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  • 11/20/2019
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  • (#5) ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Mingo Logan Coal LLC. (Perry, Matthew) (Modified on 11/20/2019 to add link to #1 notice of removal) (kew).

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  • 11/20/2019
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  • (#4) ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Arch Coal, Inc. (Perry, Matthew) (Modified on 11/20/2019 to add link to #1 notice of removal and to add jury demand) (kew).

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  • 11/19/2019
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  • (#3) ORDER AND NOTICE: Rule 12(b) Motions 12/9/2019. Rule 26(f) Meeting 12/18/2019. Last day to file report of Rule 26(f) Meeting 12/27/2019. Scheduling Conference at 11:00 AM on 1/3/2020 in Charleston. Entry of Scheduling Order 1/8/2020. Last Day to make Rule 26(a)(1) disclosures 1/17/2020. Signed by Judge John T. Copenhaver, Jr. on 11/19/2019. (cc: counsel of record; any unrepresented parties) (kew)

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  • 11/14/2019
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  • (#2) STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)

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  • 11/14/2019
  • CASE assigned to Judge John T. Copenhaver, Jr. (klc)

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  • 11/14/2019
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  • (#1) NOTICE OF REMOVAL by Arch Coal, Inc., Mingo Logan Coal LLC with summons, complaint and docket sheet from Circuit Court of Logan County. Filing Fee $400.00. Receipt #AWVSDC-7460254. (Attachments: #1 State Court Complaint, #2 State Court Docket Sheet, #3 Service of Process for Mingo Logan, #4 Service of Process for Arch Coal, #5 Civil Cover Sheet) (lca)

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