Lexon Insurance Company v. American Resources Corporation et al
| New York Southern District Court | |
| Judge: | John P Cronan |
| Case #: | 1:22-cv-05939 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 15:294 Breach of Contract |
| Case Filed: | Jul 12, 2022 |
| Terminated: | Feb 14, 2023 |
| Last checked: Sunday Jan 08, 2023 3:28 AM EST |
|
Defendant
American Resources Corporation
12115 Visionary Way Suite 174
Fishers, IN 46038 |
Represented By
|
|
Defendant
Deane Mining LLC
12115 Visionary Way, Suite 174
Fishers, IN 46038 |
Represented By
|
|
Defendant
ERC Mining Indiana Corp.
12115 Visionary Way, Suite 174
Fishers, IN 46038 |
Represented By
|
|
Defendant
McCoy Elkhorn Coal LLC
12115 Visionary Way, Suite 174
Fishers, IN 46038 |
Represented By
|
|
Defendant
American Carbon Corporation
|
Represented By
|
|
Defendant
Knott County Coal LLC
|
Represented By
|
|
Defendant
Samuel Coal Company, Inc.
PO Box 606
Fishers, IN 46038 |
Represented By
|
|
Plaintiff
Lexon Insurance Company
12890 Lebanon Road
Mount Juliet, TN 37122 |
Represented By
|
| Docket last updated: 04/29/2024 11:59 PM EDT |
| Monday, March 20, 2023 | ||
| 28 | 28
2
pgs
order
Order on Motion to Reopen
Mon 03/20 10:51 AM
ORDER: terminating27 Letter Motion to Reopen re:27 LETTER MOTION to Reopen re:26 Order of Dismissal. addressed to Judge John P. Cronan from Richard T. Tucker dated March 16, 2023. The Order of Dismissal dated February 14, 2023, Dkt. 26, is modified to permit the parties to reopen the case at any time within sixty days from the date of that Order. SO ORDERED. (Signed by Judge John P. Cronan on 3/17/2023) (ama) |
|
| Thursday, March 16, 2023 | ||
| 27 | 27
motion
Reopen
Thu 03/16 10:14 AM
LETTER MOTION to Reopen re:26 Order of Dismissal,,,, addressed to Judge John P. Cronan from Richard T. Tucker dated March 16, 2023. Document filed by Lexon Insurance Company..(Tucker, Richard) |
|
| Tuesday, February 14, 2023 | ||
| 26 | 26
1
pgs
order
Order of Dismissal
Tue 02/14 3:42 PM
ORDER OF DISMISSAL The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Courts calendar, provided the application to restore the action is made within thirty days of this Order in the event the settlement agreement is not completed and executed. Any such application filed after thirty days from the date of this Order may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Pursuant to 3.F of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge John P. Cronan on 2/14/2023) (jca) |
|
| Tuesday, January 10, 2023 | ||
|
adr
Mediation Conference Scheduled
Tue 01/10 4:45 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 2/9/2023 at 10:00 AM in telephone or video conference.(mnp) |
||
| Tuesday, December 20, 2022 | ||
|
adr
Notice of Mediator Assignment
Tue 12/20 9:29 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/19/2023.(ah) |
||
| Wednesday, December 14, 2022 | ||
| 24 | 24
order
Mediation Referral Order
Wed 12/14 4:37 PM
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 12/28/2022. (Signed by Judge John P. Cronan on 12/14/2022) (jca) |
|
| 23 | 23
order
Case Management Plan
Wed 12/14 4:35 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Settlement discussions have taken place. The parties have conferred pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. Depositions shall be completed by 2/28/24. This case is not to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 1 week. Motions due by 4/30/2023. Deposition due by 7/31/2024. Fact Discovery due by 10/31/2023. Expert Discovery due by 7/31/2024. Discovery due by 7/31/2024. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 12/14/2022) (jca) |
|
|
minutes
Telephone Conference
Tue 01/03 11:20 AM
Minute Entry for proceedings held before Judge John P. Cronan: Initial Pre-Trial Conference held on December 14, 2022. The Court shall separately enter a civil case management plan and scheduling order and a referral to the court-annexed mediation program. (No court reporter present). (mhe) |
||
| Wednesday, December 07, 2022 | ||
| 22 | 22
misc
Proposed Case Management Plan
Wed 12/07 5:00 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Lexon Insurance Company..(Tucker, Richard) |
|
| 21 | 21
misc
Letter
Wed 12/07 4:59 PM
LETTER addressed to Judge John P. Cronan from Richard T. Tucker dated December 7, 2022 re: Case Summary. Document filed by Lexon Insurance Company..(Tucker, Richard) |
|
| Tuesday, November 01, 2022 | ||
| 20 | 20
3
pgs
order
Order ~Util - Set Hearings
Tue 11/01 3:54 PM
NOTICE OF ASSIGNMENT: This case has been assigned to the undersigned for all purposes. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on December 14, 2022 at 11:00 a.m. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. As further set forth by this Order. SO ORDERED. ( Initial Conference set for 12/14/2022 at 11:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 11/1/2022) (tg) |
|
| Monday, October 31, 2022 | ||
| 19 | 19
misc
Rule 7.1 Corporate Disclosure Statement
Mon 10/31 11:28 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American Resources Corporation for American Carbon Corporation, American Resources Corporation, Deane Mining LLC, ERC Mining Indiana Corp., Knott County Coal LLC, McCoy Elkhorn Coal LLC, Samuel Coal Company, Inc.. Document filed by American Carbon Corporation, American Resources Corporation, Deane Mining LLC, ERC Mining Indiana Corp., Knott County Coal LLC, McCoy Elkhorn Coal LLC, Samuel Coal Company, Inc...(Ledwith, Peter) |
|
| 18 | 18
answer
Answer to Complaint
Mon 10/31 11:23 AM
ANSWER to Complaint. Document filed by American Carbon Corporation, American Resources Corporation, Deane Mining LLC, ERC Mining Indiana Corp., Knott County Coal LLC, McCoy Elkhorn Coal LLC, Samuel Coal Company, Inc...(Ledwith, Peter) |
|
| Wednesday, October 12, 2022 | ||
| 17 | 17
2
pgs
order
Order on Motion for Extension of Time to Answer
Wed 10/12 4:13 PM
ORDER granting16 Letter Motion for Extension of Time to Answer re16 LETTER MOTION for Extension of Time to File Answer for Defendants to appear in this action addressed to Judge John P. Cronan from Richard T. Tucker dated October 11, 2022. The Court will construe this request as a motion under Rule 6(b)(1)(B) for an extension of Defendants' time to answer the Complaint. The motion is granted. Defendants shall answer the Complaint by October 31, 2022. The deadline for Plaintiff to move for default judgment is extended sine die, and the default judgment hearing scheduled for December 14, 2022 at 3:00 p.m. is adjourned sine die. (And as further set forth herein.) SO ORDERED. American Carbon Corporation answer due 10/31/2022; American Resources Corporation answer due 10/31/2022; Deane Mining LLC answer due 10/31/2022; ERC Mining Indiana Corp. answer due 10/31/2022; Knott County Coal LLC answer due 10/31/2022; McCoy Elkhorn Coal LLC answer due 10/31/2022; Samuel Coal Company, Inc. answer due 10/31/2022. (Signed by Judge John P. Cronan on 10/12/2022) (jca) |
|
| Tuesday, October 11, 2022 | ||
| 16 | 16
motion
Extension of Time to File Answer
Tue 10/11 12:36 PM
LETTER MOTION for Extension of Time to File Answer for Defendants to appear in this action addressed to Judge John P. Cronan from Richard T. Tucker dated October 11, 2022. Document filed by Lexon Insurance Company..(Tucker, Richard) |
|
| 15 | 15
3
pgs
order
Order to Show Cause ~Util - Set Deadlines
Tue 10/11 10:29 AM
ORDER TO SHOW CAUSE. It is hereby ORDERED that no later than October 28, 2022, Plaintiff shall move for default judgment as to Defendants, in accordance with Local Civil Rule 55.2 and 3.D of the Court's Individual Rules and Practices for Civil Cases, or show cause why this case should not be dismissed for failure to prosecute. Pursuant to this Court's Individual Rules, Plaintiff must serve its motion for default judgment and supporting paperwork on each Defendant by October 28, 2022, and must file corresponding Affidavits of Service on ECF by November 1, 2022. Defendants shall file any opposition to the motion for default judgment no later than November 18, 2022. Plaintiff shall file any reply no later than November 28, 2022. It is further ORDERED that Defendants appear and show cause at a hearing before this Court on December 14, 2022, at 3:00 p.m., why an order should not be issued granting a default judgment against Defendants. That hearing shall take place telephonically. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. It is further ORDERED that Plaintiff serve each Defendant via overnight courier with a copy of this Order within one week of the date of this Order. Within two business days of service, Plaintiff must file proof of such service on the docket. SO ORDERED. ( Show Cause Hearing set for 12/14/2022 at 03:00 PM before Judge John P. Cronan.), ( Motions due by 10/28/2022., Responses due by 11/18/2022) (Signed by Judge John P. Cronan on 10/11/22) (yv) |
|
| Thursday, October 06, 2022 | ||
| 14 | 14
service
Affidavit of Service Complaints
Thu 10/06 10:39 AM
AFFIDAVIT OF SERVICE of Summons and Complaint,,. American Resources Corporation served on 8/2/2022, answer due 8/23/2022. Service was accepted by Kirk Taylor, Authorized Agent. Document filed by Lexon Insurance Company..(Worrall, Dale) |
|
| Wednesday, October 05, 2022 | ||
| 13 | 13
2
pgs
order
Order
Wed 10/05 12:38 PM
ORDER Consequently, by October 11, 2022, Plaintiff is ordered to file a status letter that shall inform the Court whether Plaintiff has served the remaining Defendant, American Resources Corporation, and if not what steps have been taken to serve that Defendant, as well as whether Plaintiff requests an extension of time to serve that Defendant. Plaintiffs status letter should also include any update available as to the status of the other Defendants, including any communications with those Defendants or their representatives. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 10/5/2022) (jca) |
|
| Thursday, August 18, 2022 | ||
| 12 | 12
service
Affidavit of Service Complaints
Thu 08/18 5:15 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,,. Samuel Coal Company, Inc. served on 8/8/2022, answer due 8/29/2022. Service was accepted by Shannon Stenbergen, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard) |
|
| 11 | 11
service
Affidavit of Service Complaints
Thu 08/18 5:11 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,,. Knott County Coal LLC served on 8/8/2022, answer due 8/29/2022. Service was accepted by Shannon Stenbergen, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard) |
|
| 10 | 10
service
Affidavit of Service Complaints
Thu 08/18 5:06 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,,. McCoy Elkhorn Coal LLC served on 8/2/2022, answer due 8/23/2022. Service was accepted by Kirk Taylor, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard) |
|
| 9 | 9
service
Certificate of Service Complaints
Thu 08/18 5:02 PM
CERTIFICATE OF SERVICE of Summons and Complaint,,. ERC Mining Indiana Corp. served on 8/2/2022, answer due 8/23/2022. Service was accepted by Kirk Taylor, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard) |
|
| 8 | 8
service
Affidavit of Service Complaints
Thu 08/18 4:56 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,,. Deane Mining LLC served on 8/2/2022, answer due 8/23/2022. Service was accepted by Kirk Taylor, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard) |
|
| 7 | 7
service
Affidavit of Service Complaints
Thu 08/18 4:51 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,,. American Carbon Corporation served on 8/2/2022, answer due 8/23/2022. Service was accepted by Kirk Taylor, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard) |
|
| 6 | 6
notice
Notice of Appearance
Thu 08/18 4:47 PM
NOTICE OF APPEARANCE by Richard Tucker on behalf of Lexon Insurance Company..(Tucker, Richard) |
|
| Wednesday, July 13, 2022 | ||
| 5 | 5
service
Summons Issued
Wed 07/13 3:02 PM
ELECTRONIC SUMMONS ISSUED as to American Carbon Corporation, American Resources Corporation, Deane Mining LLC, ERC Mining Indiana Corp., Knott County Coal LLC, McCoy Elkhorn Coal LLC, Samuel Coal Company, Inc. (vf) |
|
| 4 | 4
service
Request for Issuance of Summons
Wed 07/13 12:54 PM
REQUEST FOR ISSUANCE OF SUMMONS as to AMERICAN RESOURCES CORPORATION, AMERICAN CARBON CORPORATION f/k/a QUEST ENERGY, INC., DEANE MINING LLC, ERC MINING INDIANA CORP., KNOTT COUNTY COAL LLC f/k/a ICG KNOTT COUNTY, LLC, MCCOY ELKHORN COAL LLC and SAMUEL COAL COMPANY, INC., re:2 Complaint,,. Document filed by Lexon Insurance Company..(Worrall, Dale) |
|
|
misc
Notice to Attorney Regarding Party Modification
Wed 07/13 10:29 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dale Alan Worrall. The party information for the following party/parties has been modified: Samuel Coal Company, Inc.; American Carbon Corporation f/k/a Quest Energy, Inc., Knott County Coal LLC f/k/a ICG Knott County, LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted. (vf) |
||
|
misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 07/13 10:32 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Dale Alan Worrall. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Citizenship Plaintiff code 7 (NONE); Citizenship Defendant code 7 (NONE); Dollar Demand 24,977,335,000; County code Albany. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 4 (Diversity); the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of State. (vf) |
||
|
misc
Case Opening Fee Paid via Pay.gov
Wed 07/13 10:36 AM
Civil Case Opening Fee Paid electronically via Pay.gov: for2 Complaint. Filing fee $ 402.00. Pay.gov receipt number BNYSDC-26401925, paid on 7/12/2022. (vf) |
||
|
notice
Case Opening Initial Assignment Notice
Wed 07/13 10:37 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) |
||
|
utility
Case Designation
Wed 07/13 10:37 AM
Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) |
||
|
utility
Case Designated ECF
Wed 07/13 10:38 AM
Case Designated ECF. (vf) |
||
|
misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Wed 07/13 10:41 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Dale Alan Worrall to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. 440 Summons in a Civil Case form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
||
| Tuesday, July 12, 2022 | ||
| 3 | 3
service
Request for Issuance of Summons
Tue 07/12 4:36 PM
REQUEST FOR ISSUANCE OF SUMMONS as to AMERICAN RESOURCES CORPORATION, AMERICAN CARBON CORPORATION f/k/a QUEST ENERGY, INC., DEANE MINING LLC, ERC MINING INDIANA CORP., KNOTT COUNTY COAL LLC f/k/a ICG KNOTT COUNTY, LLC, MCCOY ELKHORN COAL LLC and SAMUEL COAL COMPANY, INC., re:2 Complaint,,. Document filed by Lexon Insurance Company..(Worrall, Dale) |
|
| 2 | 2
cmp
Complaint
Tue 07/12 4:31 PM
COMPLAINT against American Carbon Corporation f/k/a Quest Energy, Inc., American Resources Corporation, Deane Mining LLC, ERC Mining Indiana Corp., Knott County Coal LLC f/k/a ICG Knott County, LLC, McCoy Elkhorn Coal LLC, Samuel Coal Company, Inc.. Document filed by Lexon Insurance Company..(Worrall, Dale) |
|
|
Att: 1
Exhibit Exh A - Bond Summary,
|
||
|
Att: 2
Exhibit Exh B - 10-16-15 GAI,
|
||
|
Att: 3
Exhibit Exh C - 5-15-16 GAI,
|
||
|
Att: 4
Exhibit Exh D - 3-25-20 GAI,
|
||
|
Att: 5
Exhibit Exh E - Collateral Agreement
|
||
| 1 | 1
misc
Civil Cover Sheet
Tue 07/12 4:13 PM
CIVIL COVER SHEET filed..(Worrall, Dale) |
|