Frye v. ICG Beckley, LLC et al
| West Virginia Southern District Court | |
| Judge: | Frank W Volk |
| Case #: | 5:23-cv-00195 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Mar 09, 2023 |
| Last checked: Tuesday Sep 05, 2023 5:35 AM EDT |
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Defendant
ICG Beckley, LLC
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Represented By
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Plaintiff
Charles Frye
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Arch Resources, Inc.
Terminated: 08/02/2023
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Represented By
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| Docket last updated: 04/18/2024 11:59 PM EDT |
| Tuesday, April 09, 2024 | ||
| 38 | 38
misc
Certificate Of Service
Tue 04/09 1:02 PM
CERTIFICATE OF SERVICE by ICG Beckley, LLC for Defendant ICG Beckley, LLC's First Supplemental Response to Plaintiff's First Set of Requests for Production. (Moore, Michael) |
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| Monday, March 18, 2024 | ||
| 37 | 37
misc
Stipulation Extending Time
Mon 03/18 1:24 PM
STIPULATION EXTENDING TIME for Charles Frye to file any Motion to Compel Responses from Plaintiff's First Set of Interrogatories, Requests for Production of Documents, and Requests for Admissions to May 3, 2024 by ICG Beckley, LLC, Charles Frye (Pizzo, John) (Modified on 3/18/2024 to add party filer) (mk) |
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| Monday, February 12, 2024 | ||
| 36 | 36
order
Judge Volk's Second Amended Scheduling Order
Mon 02/12 12:03 PM
ORDER granting35 JOINT MOTION by ICG Beckley, LLC, Charles Frye to Amend21 Order, directing that the schedule is AMENDED as follows: Last date to serve discovery requests - 7/16/2024. Opening Rule 26 expert disclosures - 7/1/2024. Responsive Rule 26 expert disclosures - 7/31/2024. Rebuttal Rule 26 expert disclosure - 8/16/2024. Discovery to close - 8/30/2024. Dispositive motions deadline - 9/19/2024. Response to dispositive motion - 10/3/2024. Reply to response to dispositive motion - 10/10/2024. Settlement Meeting - 11/20/2024. Motion in limine deadline - 11/27/2024. Responses for motions in limine deadline - 12/4/2024. Proposed pretrial order to defendant - 11/25/2024. Integrated pretrial order - 12/2/2024. Pretrial Conference on 12/13/2024 at 10:30 AM. Proposed jury charge - 1/2/2025. Final settlement conference on 1/10/2025 at 10:00 AM. Civil Jury Trial on 1/14/2025 at 9:00 AM. Apart from the modified dates and directives contained herein, the requirements and directives of the previously operative scheduling order(s) remain in full force and effect. All proceedings shall be held by the court at the Robert C. Byrd United States Courthouse, Beckley, West Virginia. Signed by Judge Frank W. Volk on 2/12/2024. (cc: counsel of record; any unrepresented parties) (mfo) |
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| Wednesday, February 07, 2024 | ||
| 35 | 35
motion
Amend
Wed 02/07 1:48 PM
JOINT MOTION by ICG Beckley, LLC, Charles Frye to Amend21 Order (Moore, Michael) (Modified on 2/7/2024 to correct party filers) (mk) |
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| Tuesday, January 30, 2024 | ||
| 34 | 34
misc
Certificate Of Service
Tue 01/30 9:56 PM
CERTIFICATE OF SERVICE by ICG Beckley, LLC for Defendant ICG Beckley's Responses to Plaintiff's Requests for Admission. (Pizzo, John) |
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| 33 | 33
misc
Certificate Of Service
Tue 01/30 9:54 PM
CERTIFICATE OF SERVICE by ICG Beckley, LLC for Defendant ICG Beckley's Responses to Plaintiff's Requests for Production of Documents. (Pizzo, John) |
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| 32 | 32
misc
Certificate Of Service
Tue 01/30 9:52 PM
CERTIFICATE OF SERVICE by ICG Beckley, LLC for Defendant ICG Beckley's Responses to Plaintiff's Interrogatories. (Pizzo, John) |
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| Thursday, January 25, 2024 | ||
| 31 | 31
order
Protective Order
Thu 01/25 9:07 AM
PROTECTIVE ORDER denying in part and granting in part30 Proposed Agreed Protective Order by ICG Beckley, LLC, Charles Frye; setting forth the terms for the handling of confidential documents, as more fully set forth herein. Signed by Magistrate Judge Omar J. Aboulhosn on 1/25/2024. (cc: counsel of record; any unrepresented party) (mfo) |
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| Wednesday, January 24, 2024 | ||
| 30 | 30
misc
Proposed Order
Wed 01/24 3:33 PM
PROPOSED ORDER Proposed Agreed Protective Order by ICG Beckley, LLC, Charles Frye (Moore, Michael) (Modified on 1/24/2024 to add party filer) (mk) |
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| Wednesday, December 20, 2023 | ||
| 29 | 29
notice
Notice Of Appearance
Wed 12/20 2:29 PM
NOTICE OF APPEARANCE by John Dominic Pizzo, II on behalf of ICG Beckley, LLC. (Pizzo, John) (Modified on 12/20/2023 to remove terminated party filer) (mk) |
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| Friday, December 15, 2023 | ||
| 28 | 28
notice
Notice (Other)
Fri 12/15 10:27 AM
NOTICE of Withdrawal of Counsel as to ICG Beckley, LLC by Mark G. Jeffries (Jeffries, Mark) |
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| Monday, November 06, 2023 | ||
| 27 | 27
misc
Certificate Of Service
Mon 11/06 2:32 PM
CERTIFICATE OF SERVICE by ICG Beckley, LLC for Rule 26(a)(1) Initial Disclosures. (Moore, Michael) |
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| 26 | 26
misc
Certificate Of Service
Mon 11/06 12:40 PM
CERTIFICATE OF SERVICE by Charles Frye for Rule 26(a)(1) Initial Disclosures. (Carter, D.) |
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| Thursday, October 26, 2023 | ||
| 25 | 25
misc
Certificate Of Service
Thu 10/26 11:47 AM
CERTIFICATE OF SERVICE by Charles Frye for Plaintiff's First Set of Combined Discovery to ICG Beckley, LLC. (Carter, D.) |
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| 24 | 24
misc
Certificate Of Service
Thu 10/26 9:38 AM
CERTIFICATE OF SERVICE by Charles Frye for Plaintiff's Response to Defendant ICG Beckley, LLC's First Set of Interrogatories and Request for Production of Documents to Plaintiff. (Carter, D.) |
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| Friday, October 13, 2023 | ||
| 23 | 23
misc
Certificate Of Service
Fri 10/13 2:44 PM
CERTIFICATE OF SERVICE by ICG Beckley, LLC for Defendant ICG Beckley, LLC's First Set of Requests for Production of Documents and Things to Plaintiff. (Moore, Michael) |
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| 22 | 22
misc
Certificate Of Service
Fri 10/13 2:42 PM
CERTIFICATE OF SERVICE by ICG Beckley, LLC for Defendant ICG Beckley, LLC's First Set of Interrogatories to Plaintiff. (Moore, Michael) |
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| Thursday, October 12, 2023 | ||
| 21 | 21
order
Judge Volk's Scheduling Order
Thu 10/12 11:20 AM
ORDER directing that the telephonic scheduling conference is CANCELED and that this case shall proceed as follows: Amending the pleadings or joining parties - 1/2/2024. Last date to serve discovery requests - 4/2/2024. Opening Rule 26 expert disclosures - 3/18/2024. Responsive Rule 26 expert disclosures - 4/17/2024. Rebuttal Rule 26 expert disclosure - 5/3/2024. Discovery to close - 5/17/2024. Dispositive motions deadline - 6/6/2024. Response to dispositive motion - 6/20/2024. Reply to response to dispositive motion - 6/27/2024. Settlement Meeting - 8/7/2024. Motion in limine deadline - 8/14/2024. Responses for motions in limine deadline - 8/21/2024. Proposed pretrial order to defendant - 8/12/2024. Integrated pretrial order - 8/19/2024. Pretrial Conference on 8/30/2024 at 10:00 AM. Proposed jury charge - 9/18/2024. Final settlement conference on 9/20/2024 at 10:00 AM. Civil Jury Trial on 9/24/2024 at 9:00 AM. All proceedings shall be held by the court at the Robert C. Byrd United States Courthouse, Beckley, West Virginia. Signed by Judge Frank W. Volk on 10/12/2023. (cc: counsel of record; any unrepresented parties) (mfo) |
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| Monday, October 09, 2023 | ||
| 20 | 20
misc
Rule 26(f) Report Of Planning Meeting
Mon 10/09 3:52 PM
RULE 26(f) REPORT OF PLANNING MEETING by ICG Beckley, LLC.(Moore, Michael) |
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Att: 1
Supplement Worksheet Report of Parties Planning Meeting
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| Wednesday, August 16, 2023 | ||
| 19 | 19
answer
Answer To Amended Complaint
Wed 08/16 12:29 PM
ANSWER TO17 Amended Complaint by ICG Beckley, LLC.(Morrison, C.) |
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| Tuesday, August 08, 2023 | ||
| 18 | 18
order
Judge Volk's Order and Notice
Tue 08/08 11:53 AM
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 9/7/2023. Last day for Rule 26(f) meeting - 10/2/2023. Last day to file Report of Parties Planning Meeting and Scheduling Order Worksheet - 10/10/2023. Telephonic Scheduling Conference at 3:30 PM on 10/23/2023, before the undersigned, unless canceled. Entry of Scheduling Order - 11/2/2023. Last day to serve FR Civ P 26(a)(1) disclosures - 11/6/2023. Signed by Judge Frank W. Volk on 8/8/2023. (cc: counsel of record; any unrepresented parties) (btm) |
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| Wednesday, August 02, 2023 | ||
| 17 | 17
cmp
Complaint - Amended
Wed 08/02 10:23 AM
AMENDED COMPLAINT by Charles Frye against ICG Beckley, LLC; filed pursuant to the16 Memorandum Opinion and Order. (msa) |
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| 16 | 16
3
pgs
order
Order ~Util - Terminate Motions
Wed 08/02 10:13 AM
MEMORANDUM OPINION AND ORDER granting the12 MOTION by Charles Frye for Leave to Amend Complaint and discharging the10 Show Cause Order; directing the Clerk to file the [12-1] Amended Complaint as of the date of entry of this Order; denying as moot the parties' joint7 Stipulation of Dismissal Without Prejudice as to Arch Resources, inasmuch as Arch Resources is no longer a party to this action. Signed by Judge Frank W. Volk on 8/2/2023. (cc: all counsel of record and any unrepresented parties) (msa) |
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| Thursday, June 22, 2023 | ||
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misc
Notice Of Docket Correction
Thu 06/22 10:45 AM
NOTICE OF DOCKET CORRECTION re: #14 and #15 Certificates of Service. ERROR: Images inadvertently filed. CORRECTION: Images removed. (kew) |
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| Wednesday, June 21, 2023 | ||
| 15 | 15
misc
Certificate Of Service
Wed 06/21 3:20 PM
CERTIFICATE OF SERVICE by ICG Beckley, LLC for First Set of Interrogatories. (Morrison, C.) |
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| 14 | 14
misc
Certificate Of Service
Wed 06/21 3:18 PM
CERTIFICATE OF SERVICE by ICG Beckley, LLC for First Set of Requests for Production of Documents and Things. (Morrison, C.) |
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| Tuesday, May 02, 2023 | ||
| 13 | 13
misc
Stipulation Of Dismissal
Tue 05/02 10:54 AM
STIPULATION OF DISMISSAL Without Prejudice by Charles Frye, ICG Beckley, LLC, Arch Resources, Inc. of all claims asserted against Defendant Arch Resources, Inc. pursuant to Rule 41 of the Rules of Federal Procedure. (Carter, D.) (Modified on 5/2/2023 to add party filers) (mkw) |
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| 12 | 12
motion
Leave to File Document
Tue 05/02 10:53 AM
MOTION by Charles Frye for Leave to Amend Complaint, with proposed document attached.(Carter, D.) |
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Att: 1
Exhibit A - Amended Complaint,
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Att: 2
Proposed Order
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| 11 | 11
respm
Response To Court Order
Tue 05/02 10:46 AM
RESPONSE by Charles Frye to the Court's10 Order to Show Cause. (Carter, D.) |
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| Friday, April 28, 2023 | ||
| 10 | 10
2
pgs
order
Order to Show Cause
Fri 04/28 10:09 AM
ORDER directing Mr. Frye to show cause in writing on or before 5/5/2023, why this action should not be dismissed for lack of subject matter jurisdiction. Signed by Judge Frank W. Volk on 4/28/2023. (cc: all counsel of record; any unrepresented parties) (msa) |
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| Wednesday, April 26, 2023 | ||
| 9 | 9
notice
Notice To Take Or Amend Deposition
Wed 04/26 2:19 PM
CERTIFICATE OF SERVICE for NOTICE OF VIDEOTAPED DEPOSITION by Arch Resources, Inc., ICG Beckley, LLC of Charles Frye (Morrison, C.) (Modified docket text to match document title) (mk) |
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| 8 | 8
11
pgs
respm
Memorandum In Support
Wed 04/26 2:15 PM
MEMORANDUM by Arch Resources, Inc. in support of7 MOTION by Arch Resources, Inc. to Dismiss With Prejudice re:1 Complaint. (Morrison, C.) |
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| 7 | 7
motion
Dismiss
Wed 04/26 2:15 PM
MOTION by Arch Resources, Inc. to Dismiss With Prejudice re:1 Complaint. (Morrison, C.) |
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| 6 | 6
answer
Answer To Complaint
Wed 04/26 2:12 PM
ANSWER TO1 Complaint by ICG Beckley, LLC.(Morrison, C.) |
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| Tuesday, April 11, 2023 | ||
| 5 | 5
service
Summons Accepted For Service By Secretary Of State
Tue 04/11 3:48 PM
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 4/5/2023 as to ICG Beckley, LLC. Certified Mail Number: 92148901125134100003781718 . (msa) |
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| 4 | 4
service
Summons Accepted For Service By Secretary Of State
Tue 04/11 3:45 PM
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 4/5/2023 as to Arch Resources, Inc. Certified Mail Number: 92148901125134100003781701 . (msa) |
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| Thursday, March 09, 2023 | ||
| 3 | 3
order
Mag. Judge Aboulhosn - Standing Order For Assignment And Referral of Civil Actions And Matters
Thu 03/09 2:34 PM
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: counsel of record; any unrepresented party) (msa) |
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| 2 | 2
service
Electronic Summons Issued
Thu 03/09 2:33 PM
ELECTRONIC SUMMONS ISSUED as to Arch Resources, Inc., ICG Beckley, LLC, 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). (msa) |
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Att: 1
Summons Issued - Arch Resources
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| 1 | 1
11
pgs
cmp
Complaint
Thu 03/09 2:30 PM
COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8379395. (msa) |
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Att: 1
Exhibit A,
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Att: 2
Proposed Summons ICG,
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Att: 3
Proposed Summons Arch,
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Att: 4
Civil Cover Sheet
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utility
Case Assigned
Fri 03/10 8:57 AM
CASE assigned to Judge Frank W. Volk. (klc) |
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