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CLOSED,LC-2

United States District Court
Southern District of West Virginia (Beckley)
CIVIL DOCKET FOR CASE #: 5:15-cv-06746

Lampert et al v. Tams Management, Inc. et al
Assigned to: Judge Irene C. Berger
Demand: $2,000,000
Cause: 28:1332 Diversity-Contract Dispute

Date Filed: 05/26/2015
Date Terminated: 03/18/2016
Jury Demand: Both
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity

Plaintiff
Thomas K. Lampert
as Trustee for the

represented by Brian A. Glasser
BAILEY & GLASSER
209 Capitol Street
Charleston, WV 25301-1386
304/345-6555
Fax: 304/342-1110
Email: bglasser@baileyglasser.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Isaac Ralston Forman
BAILEY & GLASSER
209 Capitol Street
Charleston, WV 25301-1386
304/345-6555
Fax: 304/342-1110

 Email: iforman@hfdrlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Russell M. Soloway
BAILEY & GLASSER
One Tower Bridge, Suite 1235
100 Front Street
West Conshohocken, PA 19428
610/834-7506
Fax: 610/834-7509
Email: rsoloway@baileyglasser.com
TERMINATED: 06/06/2017
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Plaintiff
Thomas K. Lampert Irrevocable
Trust

represented by Brian A. Glasser
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Isaac Ralston Forman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Russell M. Soloway
(See above for address)
TERMINATED: 06/06/2017
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Tams Management, Inc.

represented by Andrew L. Ellis
WOOTON WOOTON & DAVIS
P. O. Box 3971
Charleston, WV 25339-3971
304/345-4611
Fax: 304/345-4607
Email: drew.ellis@wwdhe.com
LEAD ATTORNEY

 ATTORNEY TO BE NOTICED
John F. Hussell , IV
WOOTON WOOTON & DAVIS
P. O. Box 3971
Charleston, WV 25339-3971
304/345-4611
Fax: 304/345-4607
Email: john.hussell@wwdhe.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John D. Wooton , Jr.
THE WOOTON LAW FIRM
P. O. Box 2600
Beckley, WV 25802-2600
304/255-2188
Fax: 304/255-1289
Email: jody.wooton@wwdhe.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Southern Coal Corporation

represented by Andrew L. Ellis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John F. Hussell , IV
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John D. Wooton , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

05/26/2015

1

COMPLAINT. Filing Fee $400.00. Receipt # 0425-3913448.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D,
# 5 Civil Cover Sheet) (slr)

 05/26/2015

2

ELECTRONIC SUMMONS ISSUED as to Southern Coal Corporation
and Tams Management, Inc., 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). (Attachment: # 1 Southern Coal Corporation Summons) (slr)

05/26/2015

3

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF
CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES
ENTERED MAY 7, 2014. Discovery referred to Magistrate Judge
VanDervort. (cc:attys; any unrepresented party) (slr)

05/26/2015

CASE assigned to Judge Irene C. Berger. (ras)

06/03/2015

4

SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE
re: 2 Electronic Summons Issued oh 1 Complaint. Accepted by Secretary
of State on 5/28/2015 as to Tams Management, Inc. ; answer due
6/18/2015. (slr)

06/03/2015

5

SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE
re: 2 Electronic Summons Issued on 1 Complaint. Accepted by Secretary
of State on 5/28/2015 as to Southern Coal Corporation ; answer due
6/18/2015. (slr)

06/04/2015

6

STATEMENT OF VISITING ATTORNEY from Russell M. Soloway on
behalf of Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust.
Local counsel: Isaac R. Forman. Fee $50.00. Receipt # 0425-3933188.
(Forman, Isaac)

06/18/2015

7

ANSWER TO 1 Complaint with Jury Demand by Southern Coal
Corporation, Tams Management, Inc. (Hussell, John) (Modified on
6/18/2015 to add jury demand)(skh).

06/19/2015

8

ORDER AND NOTICE: Rule 12(b) Motions 7/20/2015. Rule 26(f)
Meeting 8/5/2015. Last day to file report of Rule 26(f) Meeting
8/12/2015. Scheduling Conference at 9:00 AM on 8/26/2015 in Beckley.
Entry of Scheduling Order 9/8/2015. Last Day to make Rule 26(a)(1)
disclosures 9/11/2015. Signed by Judge Irene C. Berger on 6/19/2015.
(cc:attys; any unrepresented party) (slr)

07/06/2015

9

RULE 26(f) REPORT OF PLANNING MEETING by Thomas K.
Lampert, Thomas K. Lampert Irrevocable Trust, Southern Coal
Corporation, Tams Management, Inc. (Forman, Isaac) (Modified on
7/6/2015 to add party filers)(skh).

07/07/2015

10

SCHEDULING ORDER: The Court ORDERS that the Scheduling
Conference previously scheduled for 8/26/2015 is CANCELLED; it is
ORDERED that this case proceed as follows: Joinder of Parties, amended

 pleadings due by 7/29/2015. Discovery requests to be completed by
9/22/2015 and all depositions by 11/6/2015. Expert Witness List by
parties bearing the burden of proof due by 9/15/2015, by party not bearing
burden of proof due by 10/6/2015, and to solely contradict or rebut
evidence due by 10/20/2015. Dispositive Motions except those filed under
Rule 12(b) due by 11/17/2015. Motions in Limine to be filed by 2/3/2016,
with responses due by 2/10/2016. Plaintiff's portion of proposed Pretrial
Order to defendants due by 4/4/2016. Proposed Integrated Pretrial Order
due by 4/11/2016. Pretrial Conference set for 4/20/2016 at 11:00 AM in
Beckley before Judge Irene C. Berger. Proposed Charges to the Jury due
4/25/2016. Final Settlement Conference at 11:00 AM on 4/27/2016 in
Beckley. Jury Trial set for 5/2/2016 at 9:00 AM in Beckley before Judge
Irene C. Berger. Signed by Judge Irene C. Berger on 7/7/2015. (cc:attys;
any unrepresented party) (slr)
08/06/2015

11

MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust
for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Forman, Isaac)

08/06/2015

12

MEMORANDUM by Thomas K. Lampert, Thomas K. Lampert
Irrevocable Trust in support of 11 MOTION by Thomas K. Lampert,
Thomas K. Lampert Irrevocable Trust for Summary Judgment (Forman,
Isaac)

08/27/2015

13

RESPONSE by Southern Coal Corporation, Tams Management, Inc. in
opposition to 11 MOTION by Thomas K. Lampert, Thomas K. Lampert
Irrevocable Trust for Summary Judgment (Attachment: # 1 Affidavit John
F. Hussell, IV)(Hussell, John)

09/03/2015

14

REPLY by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust to
13 Response In Opposition. (Forman, Isaac)

09/11/2015

15

CERTIFICATE OF SERVICE by Thomas K. Lampert, Thomas K.
Lampert Irrevocable Trust for Rule 26(a)(1) Initial Disclosures. (Forman,
Isaac) (Modified on 9/15/2015 to remove disclosures) (taq).

09/11/2015

16

CERTIFICATE OF SERVICE by Southern Coal Corporation, Tams
Management, Inc. for Rule 26(a)(1) Initial Disclosures. (Hussell, John)

09/15/2015

09/22/2015

NOTICE OF DOCKET CORRECTION re: 15 CERTIFICATE OF
SERVICE by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust
for Rule 26(a)(1) Initial Disclosures. ERROR: Disclosures attached.
CORRECTION: Removed disclosures and retained certificate of service)
(taq)
17

CERTIFICATE OF SERVICE filed by Thomas K. Lampert, Thomas K.
Lampert Irrevocable Trust for Plaintiff's First Set of Interrogatories and
Requests for Production of Documents (Forman, Isaac)

 10/20/2015

18

CERTIFICATE OF SERVICE filed by Thomas K. Lampert, Thomas K.
Lampert Irrevocable Trust for Plaintiff's Rebuttal Expert Disclosure
(Forman, Isaac) (Modified on 10/21/2015 to convert event to Rule 26
Document) (taq).

11/12/2015

19

MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust
for Leave to File Surreply in Support of Plaintiff's Motion for Summary
Judgment, with proposed document attached (Attachment: # 1 Exhibit
A)(Forman, Isaac)

11/17/2015

20

MOTION by Southern Coal Corporation, Tams Management, Inc. for
Summary Judgment (Hussell, John)

11/17/2015

21

MEMORANDUM OF LAW by Southern Coal Corporation, Tams
Management, Inc. in support of 20 MOTION by Southern Coal
Corporation, Tams Management, Inc. for Summary Judgment (Hussell,
John)

12/01/2015

22

RESPONSE by Thomas K. Lampert, Thomas K. Lampert Irrevocable
Trust in opposition to 20 MOTION by Southern Coal Corporation, Tams
Management, Inc. for Summary Judgment (Forman, Isaac)

12/08/2015

23

REPLY by Southern Coal Corporation, Tams Management, Inc. to 22
Response In Opposition. (Attachment: # 1 Certificate of Service)(Hussell,
John)

01/07/2016

24

ORDER: Due to the retirement of Magistrate Judge R. Clarke
VanDervort, this case is referred to Magistrate Judge Omar J. Aboulhosn
for discovery matters. Signed by Clerk of Court Teresa L. Deppner on
1/7/2016. (cc: counsel of record; any unrepresented party). (cds)

02/03/2016

25

MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust
in Limine to Exclude Evidence Not Produced by Defendants in Discovery
(Forman, Isaac)

02/10/2016

26

RESPONSE by Southern Coal Corporation, Tams Management, Inc. in
opposition to 25 MOTION by Thomas K. Lampert, Thomas K. Lampert
Irrevocable Trust in Limine to Exclude Evidence Not Produced by
Defendants in Discovery (Hussell, John)

02/11/2016

27

ORDER: The Court ORDERS that Plaintiff's 19 MOTION for Leave to
File Surreply in Support of Plaintiff's Motion for Summary Judgment be
DENIED. Signed by Judge Irene C. Berger on 2/11/2016. (cc: attys; any
unrepresented party) (slr)

03/11/2016

28

MEMORANDUM OPINION AND ORDER: After thorough review and
consideration, the Court ORDERS that the Plaintiff's 11 MOTION for
Summary Judgment be GRANTED and that Defendants' 20 MOTION for

 Summary Judgment be DENIED. Signed by Judge Irene C. Berger on
03/11/2016. (cc: attys; any unrepresented party) (msa)
03/11/2016

29

TRANSMITTED CERTIFIED COPY of 28 Memorandum Opinion and
Order to attorneys and any unrepresented party. (msa)

03/18/2016

30

JUDGMENT ORDER: In accordance with the 28 Memorandum Opinion
and Order granting Plaintiff's Motion for Summary Judgment, the Court
ORDERS that judgment be entered in favor of Thomas K. Lampert, as
Trustee for the Thomas K. Lampert Irrevocable Trust, and that this case
be DISMISSED and STRICKEN from the docket. Signed by Judge Irene
C. Berger on 3/18/2016. (cc: attys; any unrepresented party) (slr)

03/18/2016

31

TRANSMITTED CERTIFIED COPY of 30 Judgment Order to attorneys
and any unrepresented party. (slr)

03/22/2016

32

MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust
to Amend 30 Judgment Order (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D)(Forman, Isaac) (Modified on 3/22/2016 to
add link to #30 judgment order) (skh).

04/05/2016

33

CERTIFICATE OF SERVICE filed by Thomas K. Lampert, Thomas K.
Lampert Irrevocable Trust for Plaintiff's First Set of Interrogatories,
Requests for Production, and Requests for Admissions in Aid of
Execution of Judgment (Forman, Isaac)

04/08/2016

34

MOTION by Southern Coal Corporation, Tams Management, Inc. to
Alter or Amend 30 Judgment Order and MOTION to Certify Questions of
Law to the Supreme Court of Appeals of West Virginia (Attachment: # 1
Certificate of Service)(Hussell, John). (Modified on 4/9/2016 to add link
to #30 judgment order) (skh).

04/08/2016

35

MEMORANDUM OF LAW by Southern Coal Corporation, Tams
Management, Inc. in support of 34 MOTION by Southern Coal
Corporation, Tams Management, Inc. to Alter or Amend 30 Judgment
Order and MOTION to Certify Questions of Law to the Supreme Court of
Appeals of West Virginia (Attachment: # 1 Certificate of
Service)(Hussell, John)

04/22/2016

36

RESPONSE by Thomas K. Lampert, Thomas K. Lampert Irrevocable
Trust in opposition to 34 MOTION by Southern Coal Corporation, Tams
Management, Inc. to Alter or Amend 30 Judgment Order and MOTION
to Certify Questions of Law to the Supreme Court of Appeals of West
Virginia (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Forman, Isaac)

05/20/2016

37

MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust
to Compel Defendants to Answer Plaintiff's First Set of Interrogatories,
Requests for Production, and Requests for Admissions in Aid of

 Execution of Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Forman, Isaac)
06/07/2016

38

RESPONSE by Southern Coal Corporation, Tams Management, Inc. in
opposition to 37 MOTION by Thomas K. Lampert, Thomas K. Lampert
Irrevocable Trust to Compel Defendants to Answer Plaintiff's First Set of
Interrogatories, Requests for Production, and Requests for Admissions in
Aid of Execution of Judgment (Hussell, John)

06/08/2016

39

REPLY by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust to
38 Response In Opposition. (Forman, Isaac) (Modified on 6/8/2016 to
convert event to reply to response) (skh).

06/16/2016

MOTION REFERRED to Omar J. Aboulhosn: 37 MOTION by Thomas
K. Lampert, Thomas K. Lampert Irrevocable Trust to Compel Defendants
to Answer Plaintiff's First Set of Interrogatories, Requests for Production,
and Requests for Admissions in Aid of Execution of Judgment. (slr)

06/22/2016

40

MEMORANDUM OPINION AND ORDER: After careful consideration,
the Court ORDERS that the Defendants' 34 MOTION to Alter or Amend
Judgment and MOTION to Certify Questions of Law to the Supreme
Court of Appeals of West Virginia be DENIED. Signed by Judge Irene C.
Berger on 06/22/2016. (cc: attys; any unrepresented party) (msa)

07/01/2016

41

NOTICE OF APPEAL WITH FEE PAID by Southern Coal Corporation,
Tams Management, Inc.. Filing Fee $505. Receipt # 0425-4694508.
(Hussell, John)

07/01/2016

42

TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via NOTICE OF
APPELLATE ACTION re: 41 Notice of Appeal to the 4CCA. (slr)

07/01/2016

43

MOTION by Southern Coal Corporation, Tams Management, Inc. for
Approval of Supersedeas Bond and Stay of Judgment Pending Appeal
(Attachment: # 1 Appeal Bond)(Hussell, John)

07/05/2016

44

ORDER: It is ORDERED that counsel shall appear for a hearing on
Plaintiff's 37 MOTION to Compel Discovery on 7/6/2016 at 2:30 PM in
Beckley before Magistrate Judge Omar J. Aboulhosn. It is ORDERED
that a representative on behalf of Defendant shall be present at the
hearing. Signed by Magistrate Judge Omar J. Aboulhosn on 7/5/2016. (cc:
attys; any unrepresented party) (slr)

07/05/2016

45

NOTICE OF APPELLATE CASE OPENING BY 4CCA re: 41 Notice of
Appeal to the 4CCA in 4CCA Case No. 16-1744. Case Manager: Kirsten
Hancock. (slr)

07/06/2016

46

MOTION HEARING held by Magistrate Judge Omar J. Aboulhosn on
7/6/2016 re: 37 MOTION by Thomas K. Lampert and the Thomas K.
Lampert Irrevocable Trust to Compel Defendants to Answer Plaintiff's

 First Set of Interrogatories, Requests for Production, and Requests for
Admissions in Aid of Execution of Judgment Court Reporter:
CourtSmart. (slr) (Entered: 07/07/2016)
07/07/2016

47

ORDER: Pursuant to the Hearing held 7/6/2016 on the 37 MOTION by
Thomas K. Lampert and Thomas K. Lampert Irrevocable Trust to Compel
Defendants to Answer Plaintiff's First Set of Interrogatories, Requests for
Production, and Requests for Admissions in Aid of Execution of
Judgment, the Court ORDERS as follows: (A) Defendants will post by
the close of business on 7/11/2016 an executed bond in the amount of
$2,625,000.000; (B) For each day that Defendants are late in posting the
bond and related information, Defendants will pay $1,000.00 in cash,
directly to the Plaintiffs, as a penalty; (c) Plaintiffs will have until close of
business on 7/14/2016 to pose some substantive objection to the bond or
consent to its approval. Signed by Magistrate Judge Omar J. Aboulhosn
on 7/7/2016. (cc: attys; any unrepresented party) (slr)

07/07/2016

48

EXHIBIT LIST FROM MOTION HEARING held 07/06/2016. (msa)

07/08/2016

49

4CCA JURISDICTIONAL NOTICE - AWAITING ENTRY OF ORDER
UNDER FRAP 4(a) in 4CCA Case No. 16-1744, dated 7/8/2016: This
appeal will not proceed until the district court has issued it ruling re: relief
under Rule 4(a)(4) or (5). (slr) Modified on 7/13/2016 to add text (slr).
(Entered: 07/09/2016)

07/12/2016

50

AMENDED JUDGMENT ORDER: The Court ORDERS that the
Plaintiff's 32 MOTION to Alter or Amend Judgment be GRANTED; the
Court ORDERS that the judgment be AMENDED to reflect a principal
amount of $2,454,970.99, and post judgment interest of $45.74 per day,
from the date of this Court's 30 Judgment Order. Signed by Judge Irene C.
Berger on 7/12/2016. (cc: attys; any unrepresented party) (slr)

07/12/2016

51

TRANSMITTED CERTIFIED COPY of 50 Amended Judgment Order to
attorneys and any unrepresented party. (slr)

07/13/2016

52

APPLICATION by Thomas K. Lampert, Thomas K. Lampert Irrevocable
Trust for Abstract of Judgment. (Forman, Isaac)

07/14/2016

53

ABSTRACT OF JUDGMENT issued by the Clerk on 7/14/2016. (cds)

07/15/2016

54

RESPONSE by Thomas K. Lampert, Thomas K. Lampert Irrevocable
Trust in opposition to 43 MOTION by Southern Coal Corporation, Tams
Management, Inc. for Approval of Supersedeas Bond and Stay of
Judgment Pending Appeal (Forman, Isaac)

07/27/2016

55

APPLICATION by Thomas K. Lampert, Thomas K. Lampert Irrevocable
Trust FOR WRIT OF EXECUTION on 50 Order on Motion / Application
/ Petition to Alter or Amend Judgment, 30 Judgment, Judgment

 (Attachments: # 1 Exhibit(s) Writ of Execution, # 2 Exhibit(s) Process
Receipt and Return)(Forman, Isaac)
07/27/2016

56

APPLICATION by Thomas K. Lampert, Thomas K. Lampert Irrevocable
Trust FOR WRIT OF EXECUTION on 50 Order on Motion / Application
/ Petition to Alter or Amend Judgment, 30 Judgment, Judgment
(Attachments: # 1 Exhibit(s) Writ of Execution, # 2 Exhibit(s) Process
Receipt and Return)(Forman, Isaac)

07/27/2016

57

TELEPHONIC STATUS CONFERENCE held by Magistrate Judge
Omar J. Aboulhosn on 7/27/2016. (msa) (Entered: 07/28/2016)

08/01/2016

58

WRIT OF EXECUTION ISSUED by the Clerk on 8/1/2016, returnable
9/3/2016. Original and 1 copies delivered to the U. S. Marshal for service
upon TAMS MANAGEMENT, INC.; (Attachments: # 1 Notice of
Possibility of Exemption & USM 285 Form for Tams Management,
Inc.)(Mailed Notice of Possibility of Exemptions and copy of Writ to
Tams Management by reg. & cert. mail) (cds)

08/01/2016

59

WRIT OF EXECUTION ISSUED by the Clerk on 8/1/2016, returnable
9/3/2016 days. Original and 1 copies delivered to the U. S. Marshal for
service on Southern Coal Corporation. (Attachments: # 1 Notice of
Possibility of Exemptions & USM 285 Form for Southern Coal
Corporation)(Mailed Notice of Possibility of Exemptions & copy of Writ
to Southern Coal Corporation by reg. & cert. mail) (cds)

08/03/2016

60

MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust
for Appointment of Commissioner in Aid of Execution (Forman, Isaac)

08/03/2016

61

ORDER: The Court ORDERS that the 60 MOTION for Appointment of
Commissioner in Aid of Execution be GRANTED, and that the
Honorable Omar J. Aboulhosn, United States Magistrate Judge for the
Southern District of West Virginia, be appointed to serve as
commissioner in this matter, in accordance with West Virginia Code §385-1, et. seq. Signed by Judge Irene C. Berger on 8/3/2016. (cc: attys; any
unrepresented party) (slr)

08/04/2016

62

APPLICATION FOR WRIT OF SUGGESTION by Thomas K. Lampert,
Thomas K. Lampert Irrevocable Trust for JPMorgan Chase Bank, N.A.;
Lexon Insurance Company; Norfolk Southern Railway Company; Wells
Fargo Advisors, LLC; Wells Fargo Capital Finance, LLC; Wells Fargo
Financial West Virginia, Inc.; Wells Fargo Securities, LLC (Attachments:
# 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5
Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G)(Forman, Isaac)

08/05/2016

63

NOTICE OF SUPERSEDEAS BOND in the amount of $ 2,625,000.00
posted by Southern Coal Corporation, Tams Management, Inc.
(Attachment: # 1 Exhibit 1)(Hussell, John)

 08/05/2016

64

APPEAL BOND in the amount of $ 2,625,000.00 posted by Southern
Coal Corporation, Tams Management, Inc. (cds)

08/05/2016

65

RESPONSE by Thomas K. Lampert, Thomas K. Lampert Irrevocable
Trust in support of 43 MOTION by Southern Coal Corporation, Tams
Management, Inc. for Approval of Supersedeas Bond and Stay of
Judgment Pending Appeal. (Forman, Isaac)

08/05/2016

66

ORDER directing the Clerk to terminate 37 MOTION to Compel as moot.
Signed by Magistrate Judge Omar J. Aboulhosn on 8/5/2016. (cc: attys;
any unrepresented party) (cds)

08/08/2016

67

ORDER: The Court ORDERS that the Defendants' 43 MOTION for
Approval of a Supersedeas Bond and Stay of Judgment Pending Appeal
be GRANTED, that the Defendant's supersedeas bond be APPROVED,
and that execution of the judgment in this case be STAYED during the
pendency of the Defendant's appeal. Signed by Judge Irene C. Berger on
8/8/2016. (cc: attys; any unrepresented party) (slr)

11/01/2016

68

RECEIPT from Charleston Clerk's Office acknowledging RECEIPT of
the Original 64 APPEAL BOND (filed 8/5/16). (cds) (Entered:
11/17/2016)

11/28/2016

69

RETURN OF SERVICE on 58 Writ of Execution Issued. Returned
unexecuted by U. S. Marshal on 11/18/2016. (slr)

11/28/2016

70

RETURN OF SERVICE on 59 Writ of Execution Issued. Returned
unexecuted by U. S. Marshal on 11/18/2016. (slr)

04/11/2017

71

4CCA OPINION re: 41 Notice of Appeal to the 4CCA in 4CCA Case No.
16-1744. (msa)

04/11/2017

72

4CCA JUDGMENT re: 41 Notice of Appeal to the 4CCA in 4CCA Case
No. 16-1744. The judgment of the district court is affirmed. (msa)

04/11/2017

73

NOTICE OF JUDGMENT as to 41 Notice of Appeal to the 4CCA filed
by Tams Management, Inc., Southern Coal Corporation in 4CCA Case
Number 16-1744. (msa)

04/11/2017

74

MOTION by Russell M. Soloway to Withdraw as Co-Counsel for
plaintiff Thomas K. Lampert (Soloway, Russell)

04/25/2017

75

MOTION by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust
for Attorneys' Fees and Costs (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Forman, Isaac)

05/03/2017

76

MANDATE re: 41 Notice of Appeal to the 4CCA in 4CCA Case No. 161744. The judgment of this Court, entered 4/11/2017, takes effect this
date. This constitutes the formal mandate of this Court issued pursuant to
Rule 41(a) of the Federal Rules of Appellate Procedure. (slr)

 05/09/2017

77

RESPONSE by Southern Coal Corporation, Tams Management, Inc. in
opposition to 75 MOTION by Thomas K. Lampert, Thomas K. Lampert
Irrevocable Trust for Attorneys' Fees and Costs (Hussell, John)

05/11/2017

78

APPLICATION FOR WRIT OF SUGGESTION by Thomas K. Lampert,
Thomas K. Lampert Irrevocable Trust for Wells Fargo Securities, LLC;
Wells Fargo Financial West Virginia, Inc.; Wells Fargo Capital Finance,
LLC; Wells Fargo Advisors, LLC; Norfolk Southern Railway Company;
JP Morgan Chase Bank, N.A. (Attachments: # 1 Exhibit(s) A, # 2
Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6
Exhibit(s) F)(Forman, Isaac)

05/12/2017

79

CERTIFICATE OF SERVICE by Thomas K. Lampert, Thomas K.
Lampert Irrevocable Trust for Second Set of Interrogatories, Requests for
Production and Requests for Admissions in Aid of Execution. (Forman,
Isaac)

05/17/2017

80

REPLY by Thomas K. Lampert, Thomas K. Lampert Irrevocable Trust to
77 Response In Opposition. (Forman, Isaac)

05/17/2017

81

APPLICATION by Thomas K. Lampert, Thomas K. Lampert Irrevocable
Trust FOR WRIT OF EXECUTION on 50 Order on Motion / Application
/ Petition to Alter or Amend Judgment, Judgment (Attachments: # 1
Exhibit(s) Writ of Execution, # 2 Exhibit(s) Process Receipt and
Return)(Forman, Isaac)

05/17/2017

82

APPLICATION by Thomas K. Lampert, Thomas K. Lampert Irrevocable
Trust FOR WRIT OF EXECUTION on 50 Order on Motion / Application
/ Petition to Alter or Amend Judgment, Judgment (Attachments: # 1
Exhibit(s) Writ of Execution, # 2 Exhibit(s) Process Receipt and
Return)(Forman, Isaac)

05/18/2017

83

WRIT OF EXECUTION ISSUED by the Clerk on 5/18/2017, returnable
8/11/2017. Original and 2 copies delivered to the U. S. Marshal for
service. Notice of Possibility of Exemptions mailed to Defendant via cert.
mail, RRR, and via reg. mail. (Attachments: # 1 Notice of Possibility of
Exemptions, # 2 USM 285 Form) (slr) Modified text on 5/19/2017 (slr).

05/18/2017

84

WRIT OF EXECUTION ISSUED by the Clerk on 5/18/2017, returnable
8/11/2017. Original and 2 copies delivered to the U. S. Marshal for
service. Notice of Possibility of Exemptions mailed to Defendant, via
cert. mail, RRR, and via reg. mail. (Attachments: # 1 Notice of Possibility
of Exemptions, # 2 USM 285 Form) (slr) Modified text on 5/19/2017
(slr).

05/18/2017

85

WRIT OF SUGGESTIONS, with summons, issued by the Clerk for
Suggestees, Wells Fargo Securities, LLC; Wells Fargo Financial West
Virginia, Inc.; Wells Fargo Capital Finance, LLC; Wells Fargo Advisors,

 LLC; Norfolk Southern Railway Company; JPMorgan Chase Bank, N.A.
on 5/18/2017. Mailed to United States Marshal for service. Notice of
Possibility of Exemptions forwarded to Tams Management and Southern
Coal Corp., via cert. mail, RRR and via reg. mail. (Attachments: # 1
Wells Fargo Financial, # 2 Wells Fargo Capital Finance, # 3 Wells Fargo
Advisors, # 4 Norfolk Southern Railway Co, # 5 JPMorgan Chase, # 6
Notice of Possibility of Exemptions - Southern, # 7 Notice of Possibility
of Exemptions - Tams, # 8 USM-285 Forms) (slr)
05/23/2017

86

RETURN RECEIPT CARD, addressed to Tams Management, received
by Clerk, verifying Tams Management's receipt of 85 Writ of Suggestion
Issued,, 84 Writ of Execution Issued, and 83 Writ of Execution Issued,
along with the Notices of Possibility of Exemption; card signed by Cindy
White on 5/22/2017. (slr)

05/24/2017

87

RETURN RECEIPT CARD, addressed to Southern Coal Corporation,
received by Clerk on 5/24/2017, verifying Southern Coal Corporation's
receipt of 85 Writ of Suggestion Issued, 84 Writ of Execution Issued, and
83 Writ of Execution Issued, along with Notices of Possibility of
Exemptions. Card signed by Cindy White on 5/22/2017. (slr)

06/06/2017

88

ORDER: granting 74 MOTION to Withdraw as Co-Counsel for Plaintiff
Thomas K. Lampert, filed by Attorney Russell M. Soloway; removing
Russell M. Soloway as co-counsel of record for Plaintiff Thomas K.
Lampert. Signed by Judge Irene C. Berger on 6/6/2017. (cc: attys; any
unrepresented party) (slr)

06/19/2017

89

SATISFACTION OF JUDGMENT (Forman, Isaac)

06/19/2017

90

STIPULATION OF DISMISSAL by Thomas K. Lampert, Thomas K.
Lampert Irrevocable Trust (Forman, Isaac)

06/27/2017

91

ORDER OF DISMISSAL: dismissing this action with prejudice and
striking it from the docket; terminating as moot any pending motions,
including the 75 MOTION for Attorney Fees. Signed by Judge Irene C.
Berger on 6/27/2017. (cc: attys; any unrepresented party) (slr)

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09/25/2018 15:59:01
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Docket Report

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5:15-cv-06746

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8

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