CONSOL Energy Inc. v. Murray Energy Holdings, Co., et al.

Adversary Proceeding
Lead BK case is: 2:19-bk-56885

Ohio Southern Bankruptcy Court
Chapter 11
Judge:John E Hoffman Jr
Case #: 2:20-ap-02036
Nature of Suit91 Bankruptcy - Declaratory judgment
Case Filed:Apr 22, 2020
Terminated:Oct 18, 2022
Last checked: never
Defendant
Murray Energy Holdings, Co., et al.
46226 National Road
St. Clairsville, OH 43950
Represented By
Murray Energy Holdings, Co., et al.
contact info
Plaintiff
CONSOL Energy Inc.
1000 Consol Energy Drive
Canonsburg, PA 15317
Represented By
Kirk B Burkley
Bernstein-Burkley, PC
contact info

GPO Jul 14 2020
Opinion and Order Granting in part Denying in part Motion to Dismiss Amended Complaint (Related Doc 6) (2be)

Docket last updated: 04/26/2024 1:09 PM EDT
Tuesday, October 18, 2022
court Close Adversary Case Tue 10/18 10:52 AM
Adversary Case 2:20-ap-2036 Closed (kam)
Related: [-]
Tuesday, September 20, 2022
38 38 notice Notice of Dismissal (AP) Tue 09/20 5:03 PM
Notice of Dismissal (AP) Filed by Plaintiff CONSOL Energy Inc.. (Steege, Catherine)
Related: [-]
Tuesday, October 27, 2020
37 37 court Notice of Filing of Official Transcript Tue 10/27 7:46 AM
Notice of Filing of Official Transcript. Notice is hereby given that an official transcript of the Confirmation hearing held on 8/31/20 has been filed. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court transcriber for a 90 day period Related [+] (2km)
Related: [-] 36 Transcript
36 36 court Transcript Tue 10/27 7:45 AM
Transcript regarding Hearing Held 8/31/20 RE: Confirmation. TRANSCRIPT IS RESTRICTED UNTIL 1/25/2021. Notice of Intent to Request Redaction Deadline Due By 11/3/2020. Redaction Request Due By 11/17/2020. Redacted Transcript Submission Due By 11/27/2020. Transcript access will be restricted through 1/25/2021. (2km)
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35 35 court Notice of Filing of Official Transcript Tue 10/27 7:41 AM
Notice of Filing of Official Transcript. Notice is hereby given that an official transcript of the Confirmation hearing held on 8/28/20 has been filed. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court transcriber for a 90 day period Related [+] (2km)
Related: [-] 34 Transcript
34 34 court Transcript Tue 10/27 7:41 AM
Transcript regarding Hearing Held 8/28/20 RE: Confirmation. TRANSCRIPT IS RESTRICTED UNTIL 1/25/2021. Notice of Intent to Request Redaction Deadline Due By 11/3/2020. Redaction Request Due By 11/17/2020. Redacted Transcript Submission Due By 11/27/2020. Transcript access will be restricted through 1/25/2021. (2km)
Related: [-]
33 33 court Notice of Filing of Official Transcript Tue 10/27 7:39 AM
Notice of Filing of Official Transcript. Notice is hereby given that an official transcript of the Confirmation hearing held on 8/27/20 has been filed. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court transcriber for a 90 day period Related [+] (2km)
Related: [-] 32 Transcript
32 32 court Transcript Tue 10/27 7:38 AM
Transcript regarding Hearing Held 8/27/20 RE: Confirmation. TRANSCRIPT IS RESTRICTED UNTIL 1/25/2021. Notice of Intent to Request Redaction Deadline Due By 11/3/2020. Redaction Request Due By 11/17/2020. Redacted Transcript Submission Due By 11/27/2020. Transcript access will be restricted through 1/25/2021. (2km)
Related: [-]
31 31 court Notice of Filing of Official Transcript Tue 10/27 7:36 AM
Notice of Filing of Official Transcript. Notice is hereby given that an official transcript of the Confirmation hearing held on 8/26/20 has been filed. Pursuant to the new policy adopted by the Judicial Conference, transcripts are available for inspection only at the clerk's office or may be purchased from the court transcriber for a 90 day period Related [+] (2km)
Related: [-] 30 Transcript
30 30 court Transcript Tue 10/27 7:35 AM
Transcript regarding Hearing Held 8/26/20 RE: Confirmation. TRANSCRIPT IS RESTRICTED UNTIL 1/25/2021. Notice of Intent to Request Redaction Deadline Due By 11/3/2020. Redaction Request Due By 11/17/2020. Redacted Transcript Submission Due By 11/27/2020. Transcript access will be restricted through 1/25/2021. (2km)
Related: [-]
Monday, October 26, 2020
29 29 misc Submission of Transcript for Court Review Mon 10/26 4:15 PM
Submission of Transcript for Court Review. This document is not available for public view. (Eppler, Marc)
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28 28 misc Submission of Transcript for Court Review Mon 10/26 4:14 PM
Submission of Transcript for Court Review. This document is not available for public view. (Eppler, Marc)
Related: [-]
27 27 misc Submission of Transcript for Court Review Mon 10/26 4:13 PM
Submission of Transcript for Court Review. This document is not available for public view. (Eppler, Marc)
Related: [-]
26 26 misc Submission of Transcript for Court Review Mon 10/26 4:12 PM
Submission of Transcript for Court Review. This document is not available for public view. (Eppler, Marc)
Related: [-]
Tuesday, August 25, 2020
25 25 misc Certificate of Service Tue 08/25 12:14 PM
Certificate of Service of Nathan Chien Regarding Debtors' Objection to CONSOL's Motion for an Expedited Hearing on its Summary Judgment Motion or in the Alternative for Language Preserving CONSOL's Real Property Rights as Part of any Sale or Confirmation Order Filed by Other Professional Prime Clerk LLC Related [+]. (^Malo, David)
Related: [-] 24 Objection to (related document(s):22 Motion For Summary Judgment on Count II of the Amended Complaint filed by Plaintiff CONSOL Energy Inc.,23 Motion to Expedite Hearing (related documents22 Motion for Summary Judgment) - Motion For An Expedited Hearing On Its Summary Judgment Motion Or In The Alternative For Language Preserving CONSOL's Real Property Rights As Part Of Any Sale Or filed by Plaintiff CONSOL Energy Inc.) Debtors' Objection to CONSOL's Motion for an Expedited Hearing on its Summary Judgment Motion or in the Alternative for Language Preserving CONSOL's Real Property Rights as Part of any Sale or Confirmation Order Filed by Defendant Murray Energy Holdings, Co., et al.
Thursday, August 20, 2020
24 24 answer Objection Thu 08/20 8:18 AM
Objection to Related [+] Debtors' Objection to CONSOL's Motion for an Expedited Hearing on its Summary Judgment Motion or in the Alternative for Language Preserving CONSOL's Real Property Rights as Part of any Sale or Confirmation Order Filed by Defendant Murray Energy Holdings, Co., et al. (Lewis, Kim)
Related: [-] 22 Motion For Summary Judgment on Count II of the Amended Complaint filed by Plaintiff CONSOL Energy Inc.,23 Motion to Expedite Hearing (related documents22 Motion for Summary Judgment) - Motion For An Expedited Hearing On Its Summary Judgment Motion Or In The Alternative For Language Preserving CONSOL's Real Property Rights As Part Of Any Sale Or filed by Plaintiff CONSOL Energy Inc.
Monday, August 17, 2020
23 23 motion Expediting Hearing Mon 08/17 9:38 PM
Motion to Expedite Hearing Related [+] - Motion For An Expedited Hearing On Its Summary Judgment Motion Or In The Alternative For Language Preserving CONSOL's Real Property Rights As Part Of Any Sale Or Confirmation Order Filed by Plaintiff CONSOL Energy Inc. (Steege, Catherine)
Related: [-] 22 Motion for Summary Judgment
Att: 1 Exhibit A - Proposed Order
22 22 motion Summary Judgment Mon 08/17 9:33 PM
Motion For Summary Judgment on Count II of the Amended Complaint Filed by Plaintiff CONSOL Energy Inc. (Steege, Catherine)
Related: [-]
Att: 1 Exhibit A - Proposed Order
Tuesday, August 11, 2020
21 21 motion Generic Motion Tue 08/11 6:07 PM
Motion for Entry of a Rule 54(b) Final Judgment on Counts I, III, And IV of its Amended Complaint Filed by Plaintiff CONSOL Energy Inc. (Steege, Catherine)
Related: [-]
Att: 1 Exhibit A - Proposed Order
Wednesday, August 05, 2020
20 20 misc Certificate of Service Wed 08/05 8:14 PM
Certificate of Service of James Mapplethorpe Regarding Answer of Defendant Murray Energy Holdings Co., et al., to Count II to the Amended Adversary Complaint Filed by Plaintiff CONSOL Energy Inc. Filed by Other Professional Prime Clerk LLC Related [+]. (^Malo, David)
Related: [-] 19 Answer to Complaint Answer of Defendant Murray Energy Holdings Co., Et Al., to Count II to the Amended Adversary Complaint Filed by Plaintiff CONSOL Energy Inc. Filed by Murray Energy Holdings, Co., et al..
Tuesday, July 28, 2020
19 19 answer Answer to Complaint Tue 07/28 11:43 PM
Answer to Complaint Answer of Defendant Murray Energy Holdings Co., Et Al., to Count II to the Amended Adversary Complaint Filed by Plaintiff CONSOL Energy Inc. Filed by Murray Energy Holdings, Co., et al.. (Lewis, Kim)
Related: [-]
Thursday, July 16, 2020
18 18 BNC Certificate of Mailing - PDF Document - BNC Fri 07/17 12:14 AM
BNC Certificate of Mailing - PDF Document Related [+] Notice Date 07/16/2020. (Admin.)
Related: [-] related documents(s)17 Order on Motion to Dismiss Adversary Proceeding
Tuesday, July 14, 2020
17 17 order Dismiss Adversary Proceeding Tue 07/14 4:30 PM
Opinion and Order Granting in part Denying in part Motion to Dismiss Amended Complaint Related [+] (2be)
Related: [-] 6
Thursday, June 18, 2020
16 16 misc Certificate of Service Thu 06/18 5:46 PM
Certificate of Service of Nathan Chien Regarding Debtors' Reply to CONSOL Energy Inc.'s Objection to the Debtors' Motion to Dismiss the Amended Adversary Complaint Filed by Other Professional Prime Clerk LLC Related [+]. (^Malo, David)
Related: [-] 15 Reply to (related document(s):13 Objection filed by Plaintiff CONSOL Energy Inc.) Debtors' Reply to CONSOL Energy Inc.'s Objection to the Debtors' Motion to Dismiss the Amended Adversary Complaint Filed by Defendant Murray Energy Holdings, Co., et al.
Friday, June 12, 2020
15 15 answer Reply to Response/Objection Fri 06/12 7:10 PM
Reply to Related [+] Debtors' Reply to CONSOL Energy Inc.'s Objection to the Debtors' Motion to Dismiss the Amended Adversary Complaint Filed by Defendant Murray Energy Holdings, Co., et al. (Lewis, Kim)
Related: [-] 13 Objection filed by Plaintiff CONSOL Energy Inc.
Monday, June 08, 2020
14 14 misc Certificate of Service Mon 06/08 4:27 PM
Certificate of Service Filed by Plaintiff CONSOL Energy Inc. Related [+]. (Steege, Catherine)
Related: [-] 13 Objection
Friday, June 05, 2020
13 13 answer Objection Fri 06/05 6:19 PM
Objection to Related [+] Filed by Plaintiff CONSOL Energy Inc. (Steege, Catherine)
Related: [-] 6 Motion to Dismiss Adversary Proceeding Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. filed by Defendant Murray Energy Holdings, Co., et al.
Monday, June 01, 2020
12 12 misc Certificate of Service Mon 06/01 11:02 PM
Certificate of Service of Brian Li Regarding Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc., Support Document Exhibit 7 Proposed Order to Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. and Support Document Revised Exhibit 6 Klar Declaration to Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. Filed by Other Professional Prime Clerk LLC Related [+]. (^Malo, David)
Related: [-] 6 Motion to Dismiss Adversary Proceeding Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. Filed by Defendant Murray Energy Holdings, Co., et al. (Attachments: # 1 Contract Tracker # 2 CCC Mid-Allegheny Lease # 3 Closing Land Letter Agreement # 4 Closing Letter Agreement # 5 Coal Purchase and Sale Agreement # 6 Klar Declaration # 7 Proposed Order),8 Support Document Exhibit 7 Proposed Order to Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. Filed by Defendant Murray Energy Holdings, Co., et al. (RE: related document(s)6 Motion to Dismiss Adversary Proceeding Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. ).,9 Support Document Revised Exhibit 6 Klar Declaration to Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. Filed by Defendant Murray Energy Holdings, Co., et al. (RE: related document(s)6 Motion to Dismiss Adversary Proceeding Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. ).
Wednesday, May 27, 2020
11 11 misc Notice of Appearance and Request for Notice Wed 05/27 12:00 PM
Notice of Appearance and Request for Notice by Melissa Root Filed by Plaintiff CONSOL Energy Inc.. (Root, Melissa)
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10 10 misc Notice of Appearance and Request for Notice Wed 05/27 11:51 AM
Notice of Appearance and Request for Notice by Catherine L. Steege Filed by Plaintiff CONSOL Energy Inc.. (Steege, Catherine)
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Saturday, May 23, 2020
9 9 misc Support Document Sat 05/23 1:17 PM
Support Document Revised Exhibit 6 Klar Declaration to Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. Filed by Defendant Murray Energy Holdings, Co., et al. Related [+]. (Lewis, Kim)
Related: [-] 6 Motion to Dismiss Adversary Proceeding Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc.
Friday, May 22, 2020
8 8 misc Support Document Sat 05/23 12:00 AM
Support Document Exhibit 7 Proposed Order to Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. Filed by Defendant Murray Energy Holdings, Co., et al. Related [+]. (Lewis, Kim)
Related: [-] 6 Motion to Dismiss Adversary Proceeding Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc.
7 7 misc Support Document Fri 05/22 11:58 PM
Support Document Exhibit 6 Klar Declaration to Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. Filed by Defendant Murray Energy Holdings, Co., et al. Related [+]. (Lewis, Kim)
Related: [-] 6 Motion to Dismiss Adversary Proceeding Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc.
6 6 motion Dismiss Adversary Proceeding Fri 05/22 11:28 PM
Motion to Dismiss Adversary Proceeding Debtors' Motion to Dismiss the Amended Adversary Complaint of CONSOL Energy Inc. Filed by Defendant Murray Energy Holdings, Co., et al. (Lewis, Kim)
Related: [-]
Att: 1 Contract Tracker
Att: 2 CCC Mid-Allegheny Lease
Att: 3 Closing Land Letter Agreement
Att: 4 Closing Letter Agreement
Att: 5 Coal Purchase and Sale Agreement
Att: 6 Klar Declaration
Att: 7 Proposed Order
Friday, May 08, 2020
5 5 misc Certificate of Service Fri 05/08 2:21 PM
Certificate of Service Filed by Plaintiff CONSOL Energy Inc. Related [+]. (Richardson, John)
Related: [-] 4 Amended Complaint
Thursday, May 07, 2020
4 4 cmp Amended Complaint Thu 05/07 3:31 PM
Amended Complaint by John J Richardson on behalf of CONSOL Energy Inc. against Murray Energy Holdings, Co., et al.. Related [+]. (Richardson, John)
Related: [-] 1 Adversary case 2:20-ap-02036. (91 (Declaratory judgment)): Complaint by CONSOL Energy Inc. against Murray Energy Holdings, Co., et al.. Fee Amount $350 (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F # 7 Exhibit G # 8 Exhibit H # 9 Exhibit I # 10 Exhibit J # 11 Exhibit K # 12 Exhibit L # 13 Exhibit M # 14 Exhibit N # 15 Exhibit O # 16 Exhibit P # 17 Exhibit Q # 18 Exhibit R # 19 Exhibit S # 20 Exhibit T # 21 Exhibit U # 22 Exhibit V # 23 Exhibit W # 24 Exhibit X # 25 Exhibit Y # 26 Exhibit Z) filed by Plaintiff CONSOL Energy Inc.
Att: 1 Exhibit A
Att: 2 Exhibit B
Att: 3 Exhibit C
Att: 4 Exhibit D
Att: 5 Exhibit E
Att: 6 Exhibit F
Att: 7 Exhibit G
Att: 8 Exhibit H
Att: 9 Exhibit I
Att: 10 Exhibit J
Att: 11 Exhibit K
Att: 12 Exhibit L
Att: 13 Exhibit M
Att: 14 Exhibit N
Att: 15 Exhibit O
Att: 16 Exhibit P
Att: 17 Exhibit Q
Att: 18 Exhibit R
Att: 19 Exhibit S
Att: 20 Exhibit T
Att: 21 Exhibit U
Att: 22 Exhibit V
Att: 23 Exhibit W
Att: 24 Exhibit X
Att: 25 Exhibit Y
Att: 26 Exhibit Z
Att: 27 Exhibit AA
Att: 28 Exhibit BB
Att: 29 Exhibit CC
Att: 30 Exhibit DD
Att: 31 Exhibit EE
Friday, April 24, 2020
3 3 cmp Summons Service Executed Fri 04/24 8:52 AM
Summons Service Executed on Murray Energy Holdings, Co., et al. 4/24/2020 (Richardson, John)
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Wednesday, April 22, 2020
2 2 misc Summons Issued Wed 04/22 4:25 PM
Summons Issued on Murray Energy Holdings, Co., et al. Date Issued 4/22/2020, Answer Due 05/22/2020 (Burkley, Kirk)
Related: [-]
1 1 cmp Complaint Wed 04/22 4:19 PM
Adversary case 2:20-ap-02036. (91 (Declaratory judgment)): Complaint by CONSOL Energy Inc. against Murray Energy Holdings, Co., et al.. Fee Amount $350 (Burkley, Kirk)
Related: [-]
Att: 1 Exhibit A
Att: 2 Exhibit B
Att: 3 Exhibit C
Att: 4 Exhibit D
Att: 5 Exhibit E
Att: 6 Exhibit F
Att: 7 Exhibit G
Att: 8 Exhibit H
Att: 9 Exhibit I
Att: 10 Exhibit J
Att: 11 Exhibit K
Att: 12 Exhibit L
Att: 13 Exhibit M
Att: 14 Exhibit N
Att: 15 Exhibit O
Att: 16 Exhibit P
Att: 17 Exhibit Q
Att: 18 Exhibit R
Att: 19 Exhibit S
Att: 20 Exhibit T
Att: 21 Exhibit U
Att: 22 Exhibit V
Att: 23 Exhibit W
Att: 24 Exhibit X
Att: 25 Exhibit Y
Att: 26 Exhibit Z