United States Bankruptcy Court Southern District of Texas.
Adv. Proc. No. 18-03300
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| Date | Docket No.No. | Docket Text |
|---|---|---|
| 10/23/2018 | 1 | Adversary case 18-03300. Nature of Suit: (91 (Declaratory judgment)) Complaint by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund against Westmoreland Coal Company, Absaloka Coal, LLC, Baskin Resources, Inc., Buckingham Coal Company, LLC, Dakota Westmoreland Corporation, Daron Coal Company, LLC, Harrison Resources, LLC, Haystack Coal Company, Oxford Conesville, LLC, Oxford Mining Company - Kentucky, LLC, Oxford Mining Company, San Juan Coal Company, San Juan Transportation Company, Texas Westmoreland Coal Company, WCC Land Holding Company, Inc., WEI - Roanake Valley, Inc., Western Energy Company, Westmoreland Coal Company Asset Corp., Westmoreland Coal Sales Company, Inc., Westmoreland Energy Services New York, Inc., Westmoreland Energy Services, Inc., Westmoreland Energy, LLC, Westmoreland Kemmerer Fee Coal Holdings, LLC, Westmoreland Kemmerer, LLC, Westmoreland Mining LLC, Westmoreland North Carolina Power, LLC, Westmoreland Partners, Westmoreland Power, Inc., Westmoreland Resource Partners, LP, Westmoreland Resources GP, LLC, Westmoreland Resources, Inc., Westmoreland San Juan Holdings, Inc., Westmoreland San Juan, LLC, Westmoreland Texas Jewett Coal Company, Westmoreland - Roanoke Valley, LP, WRI Partners, Inc., Basin Resources, Inc.. Fee Amount $350 (Axelrod, Crystal) (Entered: 10/23/2018) Email |
| 10/24/2018 | 2 | Notice and Order regarding exchanging of exhibits and witness lists in all contested matters and adversary proceedings. (Entered: 10/24/2018) Email |
| 10/24/2018 | 3 | Additional Attachments Re: Adversary Proceeding Cover Sheet (related document(s):1 Complaint) (Filed By Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund ).(Related document(s):1 Complaint) (Axelrod, Crystal) (Entered: 10/24/2018) Email |
| 10/24/2018 | 4 | Notice of Appearance. Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Axelrod, Crystal) (Entered: 10/24/2018) Email |
| 10/24/2018 | 5 | Motion to Appear pro hac vice Diana Bardes. Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Axelrod, Crystal) (Entered: 10/24/2018) Email |
| 10/24/2018 | 6 | Motion to Appear pro hac vice John C. Goodchild, III. Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Axelrod, Crystal) (Entered: 10/24/2018) Email |
| 10/24/2018 | 7 | Motion to Appear pro hac vice Paul A. Green. Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Axelrod, Crystal) (Entered: 10/24/2018) Email |
| 10/24/2018 | 8 | Motion to Appear pro hac vice Rachel Jaffe Mauceri. Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Axelrod, Crystal) (Entered: 10/24/2018) Email |
| 10/24/2018 | 9 | Motion to Appear pro hac vice John R. Mooney. Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Axelrod, Crystal) (Entered: 10/24/2018) Email |
| 10/24/2018 | 10 | Motion to Appear pro hac vice Matthew C. Ziegler. Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Axelrod, Crystal) (Entered: 10/24/2018) Email |
| 10/24/2018 | 11 | Request for Issuance of Summons on Westmoreland Coal Company et al. (Axelrod, Crystal) (Entered: 10/24/2018) Email |
| 10/25/2018 | 12 | Motion to Appear pro hac vice Nakisha Duncan. Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Axelrod, Crystal) (Entered: 10/25/2018) Email |
| 10/25/2018 | 13 | Motion to Appear pro hac vice Laura McCarthy. Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Axelrod, Crystal) (Entered: 10/25/2018) Email |
| 10/25/2018 | 14 | Motion to Appear pro hac vice Stephanie Schuster. Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Axelrod, Crystal) (Entered: 10/25/2018) Email |
| 10/26/2018 | 15 | BNC Certificate of Mailing. (Related document(s):2 Order Regarding the Exchange of Exhibits and Witness lists in all contested matters and adversary proceedings) No. of Notices: 38. Notice Date 10/26/2018. (Admin.) (Entered: 10/26/2018) Email |
| 10/29/2018 | 16 | Summons Issued on Absaloka Coal, LLC Date Issued 10/29/2018; Basin Resources, Inc. Date Issued 10/29/2018; Buckingham Coal Company, LLC Date Issued 10/29/2018; Dakota Westmoreland Corporation Date Issued 10/29/2018; Daron Coal Company, LLC Date Issued 10/29/2018; Harrison Resources, LLC Date Issued 10/29/2018; Haystack Coal Company Date Issued 10/29/2018; Oxford Conesville, LLC Date Issued 10/29/2018; Oxford Mining Company Date Issued 10/29/2018; Oxford Mining Company - Kentucky, LLC Date Issued 10/29/2018; San Juan Coal Company Date Issued 10/29/2018; San Juan Transportation Company Date Issued 10/29/2018; Texas Westmoreland Coal Company Date Issued 10/29/2018; WCC Land Holding Company, Inc. Date Issued 10/29/2018; WEI - Roanake Valley, Inc. Date Issued 10/29/2018; WRI Partners, Inc. Date Issued 10/29/2018; Western Energy Company Date Issued 10/29/2018; Westmoreland - Roanoke Valley, LP Date Issued 10/29/2018; Westmoreland Coal Company Date Issued 10/29/2018; Westmoreland Coal Company Asset Corp. Date Issued 10/29/2018; Westmoreland Coal Sales Company, Inc. Date Issued 10/29/2018; Westmoreland Energy Services New York, Inc. Date Issued 10/29/2018; Westmoreland Energy Services, Inc. Date Issued 10/29/2018; Westmoreland Energy, LLC Date Issued 10/29/2018; Westmoreland Kemmerer Fee Coal Holdings, LLC Date Issued 10/29/2018; Westmoreland Kemmerer, LLC Date Issued 10/29/2018; Westmoreland Mining LLC Date Issued 10/29/2018; Westmoreland North Carolina Power, LLC Date Issued 10/29/2018; Westmoreland Partners Date Issued 10/29/2018; Westmoreland Power, Inc. Date Issued 10/29/2018; Westmoreland Resource Partners, LP Date Issued 10/29/2018; Westmoreland Resources GP, LLC Date Issued 10/29/2018; Westmoreland Resources, Inc. Date Issued 10/29/2018; Westmoreland San Juan Holdings, Inc. Date Issued 10/29/2018; Westmoreland San Juan, LLC Date Issued 10/29/2018; Westmoreland Texas Jewett Coal Company Date Issued 10/29/2018. (hcar) (Entered: 10/29/2018) Email |
| 10/29/2018 | 17 | Summons Not Issued as to Westmoreland Savage Corporation due to these deficiencies: Party named on summons is not a named defendant on the case. Attorney or Plaintiff notified of deficiencies by NEF. (hcar) (Entered: 10/29/2018) Email |
| 11/2/2018 | 18 | Summons Service Executed on Absaloka Coal, LLC 10/26/2018; Basin Resources, Inc. 10/26/2018; Buckingham Coal Company, LLC 10/26/2018; Dakota Westmoreland Corporation 10/26/2018; Daron Coal Company, LLC 10/26/2018; Harrison Resources, LLC 10/26/2018; Haystack Coal Company 10/26/2018; Oxford Conesville, LLC 10/26/2018; Oxford Mining Company 10/26/2018; Oxford Mining Company - Kentucky, LLC 10/26/2018; San Juan Coal Company 10/26/2018; San Juan Transportation Company 10/26/2018; Texas Westmoreland Coal Company 10/26/2018; WCC Land Holding Company, Inc. 10/26/2018; WEI - Roanake Valley, Inc. 10/26/2018; WRI Partners, Inc. 10/26/2018; Western Energy Company 10/26/2018; Westmoreland - Roanoke Valley, LP 10/26/2018; Westmoreland Coal Company 10/26/2018; Westmoreland Coal Company Asset Corp. 10/26/2018; Westmoreland Coal Sales Company, Inc. 10/26/2018; Westmoreland Energy Services New York, Inc. 10/26/2018; Westmoreland Energy Services, Inc. 10/26/2018; Westmoreland Energy, LLC 10/26/2018; Westmoreland Kemmerer Fee Coal Holdings, LLC 10/26/2018; Westmoreland Kemmerer, LLC 10/26/2018; Westmoreland Mining LLC 10/26/2018; Westmoreland North Carolina Power, LLC 10/26/2018; Westmoreland Partners 10/26/2018; Westmoreland Power, Inc. 10/26/2018; Westmoreland Resource Partners, LP 10/26/2018; Westmoreland Resources GP, LLC 10/26/2018; Westmoreland Resources, Inc. 10/26/2018; Westmoreland San Juan Holdings, Inc. 10/26/2018; Westmoreland San Juan, LLC 10/26/2018; Westmoreland Texas Jewett Coal Company 10/26/2018. (Axelrod, Crystal) (Entered: 11/02/2018) Email |
| 11/5/2018 | 19 | Order Setting Scheduling Conference (Related document(s):1 Complaint) Scheduling Conference set for 12/18/2018 at 02:00 PM at Houston, Courtroom 400 (DRJ). (aalo) (Entered: 11/05/2018) Email |
| 11/7/2018 | 20 | BNC Certificate of Mailing. (Related document(s):19 Adversary Order Setting Hearing) No. of Notices: 38. Notice Date 11/07/2018. (Admin.) (Entered: 11/08/2018) Email |
| 11/12/2018 | 21 | Answer to Complaint (Related document(s):1 Complaint) Filed by Westmoreland Coal Company (Tomasco, Patricia) (Entered: 11/12/2018) Email |
| 11/12/2018 | 22 | Motion for Judgment on the Pleadings on the Coal Act Funds' Complaint for Declaratory Relief Pursuant to Federal Rule of Civil Procedure 12(C) Filed by Westmoreland Coal Company (Attachments: # 1 Proposed Order) (Tomasco, Patricia) (Entered: 11/12/2018) Email |
| 11/12/2018 | 23 | Emergency Motion for Entry of a Scheduling Order Regarding Coal Act Funds' Matters Filed by Westmoreland Coal Company (Attachments: # 1 Proposed Order) (Tomasco, Patricia) (Entered: 11/12/2018) Email |
| 11/14/2018 | 24 | Response (Filed By Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund ).(Related document(s):22 Generic Motion, 23 Emergency Motion (Adversary)) (Attachments: # 1 Exhibit Exhibit A) (Axelrod, Crystal) (Entered: 11/14/2018) Email |
| 11/27/2018 | 25 | Response (Filed By Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund ).(Related document(s):22 Generic Motion) (Attachments: # 1 Exhibit Ex. A - Stover Declaration) (Axelrod, Crystal) (Entered: 11/27/2018) Email |
| 11/27/2018 | 26 | Proposed Order RE: (I) DENYING DEBTORS' MOTION FOR JUDGMENT ON THE PLEADINGS AND (II) GRANTING COAL ACT FUNDS' (A) CROSS-MOTION FOR JUDGMENT ON THE PLEADINGS OR (B) IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT (Filed By Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund ).(Related document(s):25 Response) (Axelrod, Crystal) (Entered: 11/27/2018) Email |
| 11/28/2018 | 27 | Order Granting Motion To Appear pro hac vice - Diana Bardes (Related Doc # 5) Signed on 11/28/2018. (emiller) (Entered: 11/28/2018) Email |
| 11/28/2018 | 28 | Order Granting Motion To Appear pro hac vice - John C. Goodchild, III (Related Doc # 6) Signed on 11/28/2018. (emiller) (Entered: 11/28/2018) Email |
| 11/28/2018 | 29 | Order Granting Motion To Appear pro hac vice - Paul A. Green (Related Doc # 7) Signed on 11/28/2018. (emiller) (Entered: 11/28/2018) Email |
| 11/28/2018 | 30 | Order Granting Motion To Appear pro hac vice - Rachel Jaffe Mauceri (Related Doc # 8) Signed on 11/28/2018. (emiller) (Entered: 11/28/2018) Email |
| 11/28/2018 | 31 | Order Granting Motion To Appear pro hac vice - John R. Mooney (Related Doc # 9) Signed on 11/28/2018. (emiller) (Entered: 11/28/2018) Email |
| 11/28/2018 | 32 | Order Granting Motion To Appear pro hac vice - Matthew C. Ziegler (Related Doc # 10) Signed on 11/28/2018. (emiller) (Entered: 11/28/2018) Email |
| 11/28/2018 | 33 | Order Granting Motion To Appear pro hac vice - Nakisha Duncan (Related Doc # 12) Signed on 11/28/2018. (emiller) (Entered: 11/28/2018) Email |
| 11/28/2018 | 34 | Order Granting Motion To Appear pro hac vice - Laura McCarthy (Related Doc # 13) Signed on 11/28/2018. (emiller) (Entered: 11/28/2018) Email |
| 11/28/2018 | 35 | Order Granting Motion To Appear pro hac vice - Stephanie Schuster (Related Doc # 14) Signed on 11/28/2018. (emiller) (Entered: 11/28/2018) Email |
| 11/30/2018 | 36 | AO 435 TRANSCRIPT ORDER FORM (Daily (24 hours)) by Patricia B. Tomasco. This is to order a transcript of hearing held on November 29, 2018 before Judge David R. Jones. Court Reporter/Transcriber: Judicial Transcribers of Texas (Filed By Westmoreland Coal Company ). (Tomasco, Patricia) (Entered: 11/30/2018) Email |
| 11/30/2018 | 37 | BNC Certificate of Mailing. (Related document(s):27 Order on Motion to Appear pro hac vice) No. of Notices: 38. Notice Date 11/30/2018. (Admin.) (Entered: 11/30/2018) Email |
| 11/30/2018 | 38 | BNC Certificate of Mailing. (Related document(s):28 Order on Motion to Appear pro hac vice) No. of Notices: 38. Notice Date 11/30/2018. (Admin.) (Entered: 11/30/2018) Email |
| 11/30/2018 | 39 | BNC Certificate of Mailing. (Related document(s):29 Order on Motion to Appear pro hac vice) No. of Notices: 38. Notice Date 11/30/2018. (Admin.) (Entered: 11/30/2018) Email |
| 11/30/2018 | 40 | BNC Certificate of Mailing. (Related document(s):30 Order on Motion to Appear pro hac vice) No. of Notices: 38. Notice Date 11/30/2018. (Admin.) (Entered: 11/30/2018) Email |
| 11/30/2018 | 41 | BNC Certificate of Mailing. (Related document(s):31 Order on Motion to Appear pro hac vice) No. of Notices: 38. Notice Date 11/30/2018. (Admin.) (Entered: 11/30/2018) Email |
| 11/30/2018 | 42 | BNC Certificate of Mailing. (Related document(s):32 Order on Motion to Appear pro hac vice) No. of Notices: 38. Notice Date 11/30/2018. (Admin.) (Entered: 11/30/2018) Email |
| 11/30/2018 | 43 | BNC Certificate of Mailing. (Related document(s):33 Order on Motion to Appear pro hac vice) No. of Notices: 38. Notice Date 11/30/2018. (Admin.) (Entered: 11/30/2018) Email |
| 11/30/2018 | 44 | BNC Certificate of Mailing. (Related document(s):34 Order on Motion to Appear pro hac vice) No. of Notices: 38. Notice Date 11/30/2018. (Admin.) (Entered: 11/30/2018) Email |
| 11/30/2018 | 45 | BNC Certificate of Mailing. (Related document(s):35 Order on Motion to Appear pro hac vice) No. of Notices: 38. Notice Date 11/30/2018. (Admin.) (Entered: 11/30/2018) Email |
| 12/3/2018 | 46 | Transcript RE: Motion to Dismiss the Complaint held on November 29, 2018 before Judge David R. Jones. Transcript is available for viewing in the Clerk's Office. Filed by Transcript access will be restricted through 03/4/2019. (mhen) (Entered: 12/03/2018) Email |
| 12/3/2018 | 47 | Notice of Joint Appendix of Debtors and Coal Act Funds in Response to Court's Request for Briefing From Coal Act Funds' Eleventh Circuit Appeal. (Related document(s):22 Generic Motion, 25 Response) Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3)(Axelrod, Crystal) (Entered: 12/03/2018) Email |
| 12/4/2018 | 48 | Notice of Filing of Official Transcript as to 46 Transcript. Parties notified (Related document(s):46 Transcript) (hcar) (Entered: 12/04/2018) Email |
| 12/5/2018 | 49 | Joint Notice Notice Regarding Certification of Direct Appeal to the Court of Appeals for the Fifth Circuit. Filed by Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund (Axelrod, Crystal) (Entered: 12/05/2018) Email |
| 12/6/2018 | 50 | BNC Certificate of Mailing. (Related document(s):48 Notice of Filing of Official Transcript (Form)) No. of Notices: 38. Notice Date 12/06/2018. (Admin.) (Entered: 12/07/2018) Email |
| 12/19/2018 | 51 | Notice of Status Conference to be Held Telephonically on January 3, 2019. Filed by Westmoreland Coal Company (Tomasco, Patricia) (Entered: 12/19/2018) Email |
| 12/27/2018 | 52 | Notice of Supplemental Authority in Support of Debtors' Motion for Judgment on the Pleadings on the Coal Act Funds' Complaint for Declaratory Relief Pursuant to Federal Rule of Civil Procedure 12(C). (Related document(s):22 Generic Motion) Filed by Westmoreland Coal Company (Tomasco, Patricia) (Entered: 12/27/2018) Email |
| 12/29/2018 | 53 | Memorandum Opinion Signed on 12/29/2018 (Related document(s):22 Generic Motion, 25 Response) (aalo) (Entered: 12/29/2018) Email |
| 12/29/2018 | 54 | Final Judgment and Certification Signed on 12/29/2018 (Related document(s):22 Generic Motion, 25 Response) (aalo) (Entered: 12/29/2018) Email |
| 1/2/2019 | 55 | Omnibus Notice of Cancelation of Adversary Proceeding Status Conference and Continuation of Hearing. Filed by Westmoreland Coal Company (Tomasco, Patricia) (Entered: 01/02/2019) Email |
| 1/2/2019 | 56 | BNC Certificate of Mailing. (Related document(s):53 Opinion) No. of Notices: 46. Notice Date 01/02/2019. (Admin.) (Entered: 01/02/2019) Email |
| 1/2/2019 | 57 | BNC Certificate of Mailing. (Related document(s):54 Generic Order) No. of Notices: 46. Notice Date 01/02/2019. (Admin.) (Entered: 01/02/2019) Email |
| 1/8/2019 | 58 | Notice of Appeal filed. (related document(s):54 Generic Order). Fee Amount $298. Appellant Designation due by 01/22/2019. (Axelrod, Crystal) (Entered: 01/08/2019) Email |
| 1/9/2019 | 59 | Election to Appeal to Court of Appeals . (ShoshanaArnow) (Entered: 01/09/2019) Email |
| 1/9/2019 | 60 | Clerk's Notice of Filing of an Appeal. On 1/8/2019, Trustees of the United Mine Workers of America 1992 filed a notice of appeal. The appeal has been assigned to U.S. District Judge Vanessa Gilmore, Civil Action 4:19-cv-76. Parties notified (Related document(s):58 Notice of Appeal) (ShoshanaArnow) (Entered: 01/09/2019) Email |
| 1/11/2019 | 61 | BNC Certificate of Mailing. (Related document(s):60 Clerk's Notice of Filing of an Appeal) No. of Notices: 46. Notice Date 01/11/2019. (Admin.) (Entered: 01/11/2019) Email |
| 1/22/2019 | 62 | Appellant Designation of Contents For Inclusion in Record On Appeal (related document(s):58 Notice of Appeal)., Statement of Issues on Appeal (related document(s):58 Notice of Appeal). (Axelrod, Crystal) (Entered: 01/22/2019) Email |
| 1/22/2019 | 63 | AO 435 TRANSCRIPT ORDER FORM (3-Day) by Trustees of the United Mine Workers of America 1992 Plan, Trustees of the Unite Mine Workers of America Combined Benefit Fund. This is to order a transcript of Motion to Dismiss Complaint held on November 29, 2018 before Judge David R. Jones. Court Reporter/Transcriber: Judicial Transcribers of Texas (Filed By Trustees of the United Mine Workers of America 1992 Benefit Plan, Trustees of the the United Mine Workers of America Combined Benefit Fund ). (Axelrod, Crystal) Electronically forwarded to Judicial Transcribers on 1/22/2019. Estimated completion date 1/25/2019. Modified on 1/22/2019 (ShoshanaArnow). (Entered: 01/22/2019) Email |
| 1/25/2019 | 64 | Amended Appellant Designation of Contents For Inclusion in Record On Appeal (related document(s):58 Notice of Appeal, 62 Appellant Designation, Statement of Issues on Appeal)., Statement of Issues on Appeal (related document(s):58 Notice of Appeal, 62 Appellant Designation, Statement of Issues on Appeal). (Attachments: # 1 Exhibit A)(Axelrod, Crystal) (Entered: 01/25/2019) Email |
| 2/6/2019 | 65 | Receipt of Direct Appeal(18-03300)(207.00) Filing Fee. Receipt number 188806. Fee amount $207.00 from Morgan, Lewis & Bockius LLP (kngu) Modified on 2/6/2019 (kngu). (Entered: 02/06/2019) Email |
| 2/8/2019 | 66 | Appellee Designation of Contents for Inclusion in Record of Appeal (related document(s):1 Complaint). (Tomasco, Patricia) (Entered: 02/08/2019) Email |
| 2/12/2019 | 67 | Direct Appeal Certified under Case 4:18-mc-3670 and CA 19-20066 (Related document(s):58 Notice of Appeal) (ShoshanaArnow) (Entered: 02/12/2019) Email |
| 8/26/2020 | 68 | Judgment Issued as Mandate by Court of Appeals for the Fifth Circuit (Related document(s):58 Notice of Appeal). (Attachments: # 1 Order) (RobbieWestmoreland) (Entered: 08/26/2020) Email |