•
•

Query
Reports

•

Utilities

•
•

Help
Log Out

LC-2

United States District Court
Southern District of West Virginia (Beckley)
CIVIL DOCKET FOR CASE #: 5:13-cv-28160

James River Equipment, Virginia, LLC v. Justice
Energy Company, Inc.
Assigned to: Judge Irene C. Berger
Cause: 28:1332 Diversity-Breach of Contract

Date Filed: 11/06/2013
Date Terminated: 01/21/2014
Jury Demand: Plaintiff
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity

Plaintiff
James River Equipment, Virginia,
LLC
a Virginia Limited Liability
Company

represented by Jason S. Hammond
BAILEY & WYANT
P. O. Box 3710
Charleston, WV 25337-3710
304/345-4222
Fax: 304/343-3133
Email: jhammond@baileywyant.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Justice Energy Company, Inc.
a West Virginia Corporation

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
G. Nicholas Casey , Jr.
LEWIS GLASSER CASEY &
ROLLINS
P. O. Box 1746
Charleston, WV 25326-1746
304/345-2000
Fax: 304/343-7999
Email: gncasey@lgcr.com
TERMINATED: 01/19/2017
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@wootonlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ramonda C. Lyons
LEWIS GLASSER
P. O. Box 1746
Charleston, WV 25326-1746
304/345-2000
Fax: 304/343-7999

 Email: rlyons@lewisglasser.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Richard L. Gottlieb
LEWIS GLASSER
P. O. Box 1746
Charleston, WV 25326-1746
304/345-2000
Fax: 304/343-7999
Email: rgottlieb@lewisglasser.com
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

11/06/2013

1

COMPLAINT. Filing Fee $400.00. Receipt # 0425-2765866.
(Attachments: # 1 Civil Cover Sheet) (msa)

11/06/2013

2

ELECTRONIC SUMMONS ISSUED as to Justice Energy Company,
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).
(msa)

11/06/2013

3

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF
CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES
ENTERED APRIL 8, 2013. Discovery referred to Magistrate Judge
VanDervort. (cc:attys; any unrepresented party) (msa)

11/06/2013
12/04/2013

CASE assigned to Judge Irene C. Berger. (ras) (Entered: 11/07/2013)
4

12/05/2013

12/06/2013

SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for
Justice Energy Company, Inc., re: 1 Complaint. Return Receipt Card
signed by Janey L. Adkins. Justice Energy Company, Inc. served on
11/12/2013, answer due 12/3/2013. (Hammond, Jason) (Modified on
12/5/2013 to correct date of service and date answer is due) (skh).
ANSWER DEADLINE CORRECTED: Justice Energy Company, Inc.
answer to complaint due 12/3/2013; summons was served by certified
mail on 11/12/2013. (skh)

5

SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE
re: 2 Electronic Summons Issued on 1 Complaint. Accepted by Secretary
of State on 11/7/2013. (slr)

 12/19/2013

6

MOTION by James River Equipment, Virginia, LLC for Entry of
Default Judgment by the Court against Justice Energy Company, Inc.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D,
# 5 Exhibit E)(Hammond, Jason)

01/06/2014

7

ORDER directing the Clerk to enter default pursuant to Fed. R. Civ. P.
55(a) against the Defendant Justice Energy Company, Inc.; the Court
Orders that the Plaintiff's 6 Motion for Default Judgment be Held in
Abeyance pending the entry of default. Signed by Judge Irene C. Berger
on 1/6/2014. (cc: attys; any unrepresented party) (cds)

01/06/2014

8

CLERK'S ENTRY OF DEFAULT against Justice Energy Company,
Inc.. (cc: unrepresented parties; non CM/ECF users). (cds)

01/09/2014

9

MAIL RETURNED AS UNDELIVERABLE. Mail sent to Justice
Energy Company, Inc., at 100 Cranberry Drive, Beckley, WV 25801.
Mail resent to Justice Energy Company, Inc., at P.O. Box 1085, Beckley,
WV 25801. (cds)

01/09/2014

10

MAIL RETURNED AS UNDELIVERABLE. Mail sent to Justice
Energy Company, Inc. at 100 Cranberry Drive, Beckley, WV 258201.
Mail resent to Justice Energy Company, Inc. at P.O. Box 1085, Beckley,
WV 25801. (cds)

01/21/2014

11

ORDER: The Court has reviewed the Plaintiff, James River Equipment,
Virginia, LLC's 6 MOTION for Default Judgment. In accordance with
Federal Rule of Civil Procedure 55(b)(2), the Court ORDERS that
default judgment be entered against the Defendant Justice Energy
Company, Inc., in the amount of $156,112.16. Signed by Judge Irene C.
Berger on 1/21/2014. (cc: attys; any unrepresented party) (msa)

01/24/2014

12

RETURN RECEIPT CARD received from Jason S. Hammond, Baily
and Wyant, P.O. Box 3710, Charleston, WV, 25337-3710, re: 11 Order
of Default Judgment. Signed for on 01/23/2014. (msa)

01/24/2014

13

RETURN RECEIPT CARD received from Justice Energy Company re:
11 Order of Default Judgment. Signed for on 01/23/2014, by Janey
Adkins. (msa)

04/29/2014

14

APPLICATION by James River Equipment, Virginia, LLC for Abstract
of Judgment and Writ of Execution. (Attachments: # 1 Writ of
Execution, # 2 Abstract of Judgment, # 3 USM - 285)(Hammond, Jason)

04/30/2014

15

ABSTRACT OF JUDGMENT issued by the Clerk on 4/30/2014. (cds)

04/30/2014

16

WRIT OF EXECUTION ISSUED by the Clerk on 4/30/2014, returnable
June 1, 2014. Original and 1 copies delivered to the U. S. Marshal for
service. (cds)

 07/16/2014

17

MOTION by James River Equipment, Virginia, LLC for Appointment
of Commissioner (Hammond, Jason)

08/01/2014

18

ORDER: After careful consideration, the Court ORDERS that the
Plaintiff's 17 MOTION for Appointment of Commissioner be
GRANTED, and further ORDERS that the Honorable R. Clarke
VanDervort, United States Magistrate Judge, be appointed to serve as
commissioner in this matter, in accordance with West Virginia Code
Section 38-5-1 et seq. Signed by Judge Irene C. Berger on 8/1/2014. (cc:
attys; any unrepresented party) (msa)

08/19/2014

19

ORDER: It is ORDERED that a hearing shall be held on 9/16/2014 at
10:30 AM in Beckley before Magistrate Judge R. Clarke VanDervort;
the purpose of the hearing is to discuss the current status of this matter
and consider what procedure(s) will like result in Defendant's payment
of the judgment; immediately upon receipt of a copy of this Order,
Defendant's agent, Roman Semenov, shall contact Plaintiff's attorney,
Jason Hammond, and inform him respecting Defendant's intention to
attend the hearing on 9/16/14 and pay the amount of the judgment, or
refer Mr. Hammond to Defendant's attorney to discuss Defendant's
intentions. Signed by Magistrate Judge R. Clarke VanDervort on
8/19/2014. (cc: Justice Energy Company, Inc. c/o Mr. Roman Semenov,
100 Cranberry Drive, Beckley, WV 25801, via cert. mail, RRR; attys;
any unrepresented party) (slr) Modified on 8/19/2014 to correct typo
(cds).

08/21/2014

20

RETURN RECEIPT CARD received: Copy of 19 Order, mailed to
Justice Energy Co., Inc., c/o Roman Semenov, via cert. mail, RRR,
received by agent for Justice Energy on 8/20/2014. Certified card signed
by Jamey Adkins. (slr)

08/26/2014

21

CERTIFICATE OF SERVICE filed by James River Equipment,
Virginia, LLC for Plaintiffs First Set of Requests for Production of
Documents to Justice Energy Company, Inc. (Hammond, Jason)

08/27/2014

22

RETURN OF SERVICE on 16 Writ of Execution Issued. Served by U.
S. Marshal Service on 8/6/2014. (slr)

09/16/2014

23

STATUS HEARING held by Magistrate Judge R. Clarke VanDervort on
9/16/2014; Court Reporter: Courtflow. (slr)

10/01/2014

24

ORDER: It is ORDERED that a Judgment Debtor Examination shall be
held on 10/14/2014 at 10:30 AM in Beckley before Magistrate Judge R.
Clarke VanDervort; it is ORDERED that Justice Energy Company, Inc.
shall produce a representative of its company to be in attendance and
furnish information to aid in the enforcement of the money judgment by
answering questions about the judgment debtor's real and personal
property, and answer other questions to aid in the collection of the debt.

 Signed by Magistrate Judge R. Clarke VanDervort on 10/1/2014. (cc:
attys; any unrepresented party; Justice Energy Company, Inc., c/o Mr.
Roman Semenov, 100 Cranberry Drive, Beckley, WV 25801, via cert.
mail, RRR) (slr)
10/09/2014

25

NOTICE of Issuance of Subpoena by James River Equipment, Virginia,
LLC (Attachment: # 1 Exhibit 1)(Hammond, Jason)

10/13/2014

26

RETURN OF SERVICE ON SUBPOENA for Roman Semenov.
(Hammond, Jason)

10/14/2014

27

JUDGMENT DEBTOR EXAM held by Magistrate Judge R. Clarke
VanDervort on 10/14/2014; Court Reporter: Lisa Cook.. (msa)

10/24/2014

28

TRANSCRIPT OF PROCEEDINGS of Debtor Examination Hearing
held on October 14, 2014, before Magistrate Judge R. Clarke
VanDervort. Court Reporter Lisa Cook, Telephone number 304-2548053. Transcript may be viewed at the court public terminal or
purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through
PACER. Notice of Intent to Redact due 11/3/2014. Redaction Request
due 11/14/2014. Redacted Transcript Deadline set for 11/24/2014.
Release of Transcript Restriction set for 1/22/2015. (lac)

03/12/2015

29

ORDER: That a hearing shall be held on Tuesday, 3/31/2015 10:30 AM
in Beckley before Magistrate Judge R. Clarke VanDervort. The purpose
of the hearing will be to discuss the current status of this matter and to
consider what procedures(s) likely will result in Defendant's payment of
the judgment. Attendance at the conference is mandatory for all parties
and/or counsel of record The Clerk is directed to send a copy of this
Order to Defendant's agent for purposes of service of process as
designated in the Office of the West Virginia Secretary of State as
follows: Justice Energy Company, Inc., c/o Mr. Roman Semenov, 100
Cranberry Drive, Beckley, WV 25801. Signed by Magistrate Judge R.
Clarke VanDervort on 3/12/2015. (cc: attys; any unrepresented party,
Justice Energy Company, Inc.) (msa)

03/18/2015

30

NOTICE of Issuance of Subpoena by James River Equipment, Virginia,
LLC (Attachment: # 1 Exhibit 1)(Hammond, Jason)

03/26/2015

31

RETURN OF SERVICE ON SUBPOENA for Justice Energy Company,
Inc. (cds)

03/31/2015

32

STATUS HEARING held by Magistrate Judge R. Clarke VanDervort on
3/31/2015; Court Reporter: Courtflow. (slr)

04/15/2015

33

MOTION by James River Equipment, Virginia, LLC to Compel and
MOTION for Contempt (Attachments: # 1 Exhibit A - Correspondence

 to Semenov, # 2 Exhibit B - Email from Semenov, # 3 Exhibit C - Email
from Hannond)(Hammond, Jason).
04/15/2015

34

04/15/2015

MEMORANDUM OF LAW by James River Equipment, Virginia, LLC
in support of 33 MOTION by James River Equipment, Virginia, LLC to
Compel and MOTION for Contempt (Hammond, Jason)
MOTION REFERRED to Magistrate Judge R. Clarke VanDervort: 33
MOTION by James River Equipment, Virginia, LLC to Compel and
MOTION for Contempt (skh)

04/21/2015

35

RETURN RECEIPT CARD by James River Equipment, Virginia, LLC
evidencing service of the 34 Memorandum of Law in Support of Motion
to Compel and Motion for Contempt (Hammond, Jason)

04/21/2015

36

ORDER: It is ORDERED that a hearing on the 33 MOTION by James
River Equipment, Virginia, LLC to Compel and MOTION by James
River Equipment, Virginia, LLC for Contempt be held on 5/5/2015 at
1:30 PM in Beckley before Magistrate Judge R. Clarke VanDervort. It is
ORDERED that Justice Energy Company, Inc. shall appear either by
counsel or by a representative of the company on its behalf. Signed by
Magistrate Judge R. Clarke VanDervort on 4/21/2015. (cc: attys; Justice
Energy Company, Inc. c/o Mr. Roman Semenov, 100 Cranberry Drive,
Beckley, WV 257801, via cert. mail and via reg. mail) (slr)

04/22/2015

37

NOTICE of Issuance of Subpoena by James River Equipment, Virginia,
LLC re: 36 Order (Attachment: # 1 Exhibit 1 - Subpoena)(Hammond,
Jason)

04/28/2015

38

RETURN OF SERVICE ON SUBPOENA for Justice Energy Company,
Inc. (Hammond, Jason)

05/05/2015

39

MOTION HEARING held by Magistrate Judge R. Clarke VanDervort
on 5/5/2015 re: 33 MOTION to Compel and MOTION for Contempt by
James River Equipment and Virginia, LLC. Court Reporter: Courtflow.
(slr)

05/11/2015

40

ORDER: It is ORDERED that James River's 33 MOTION to Compel
and 33 MOTION for Contempt is GRANTED; James River shall
submit, on or before 5/18/2015, an itemized statement of the costs and
expenses which it has incurred for the preparation for and attendance of
its attorney, Mr. Hammond, at hearing before the Judge VanDervort on
9/16/2014, 3/31/2015, and 5/5/2015, which Justice Energy and Mr.
Semenov did not attend though required to do so. Signed by Magistrate
Judge R. Clarke VanDervort on 5/11/2015. (cc: attys; any unrepresented
party) (slr)

05/11/2015

41

ORDER TO SHOW CAUSE: Justice Energy Company, Inc. and Mr.
Roman Semenov are ORDERED to appear on 5/20/2015 at 9:00 AM in

 Beckley before Judge Irene C. Berger to show cause why they should
not be adjudged in contempt of Court by reason of the facts certified in
the Proposed Findings and Recommendation filed herein on this date;
the Clerk is directed to send a copy of this Order to Show Cause to the
Office of the West Virginia Secretary of State and the division of that
Office responsible for service of process for service upon Justice Energy
Company, through its currently designated agent for the purposes of
service, Mr. Roman Semenov, at his designated address: 100 Cranberry
Drive, Beckley, WV 25801. The Clerk is further directed to send a copy
of this Order to Show Cause directly to Justice Energy Company, Inc.
and Mr. Roman Semenov at the address listed herein. Signed by
Magistrate Judge R. Clarke VanDervort on 5/11/2015. (cc: attys; any
unrepresented party) (slr)
05/11/2015

42

PROPOSED FINDINGS AND RECOMMENDATION: It is
RECOMMENDED that Justice Energy and Mr. Roman Semenov be
ruled in contempt of Court and be required to pay James River
Equipment, Virginia, LLC, a reasonable amount for Attorney
Hammond's services in preparation for and attendance of hearings held
9/16/2015, 3/31/2015, and 5/5/3015. Objections to Proposed F&R due
by 5/29/2015. Signed by Magistrate Judge R. Clarke VanDervort on
5/11/2015. (cc: attys; any unrepresented party; Justice Energy Company,
Inc.; Mr. Roman Semenov - 100 Cranberry Drive, Beckley, WV 25801)
(slr)

05/11/2015

43

LETTER to Natalie Tennant, WV Secretary of State, from Teresa L.
Deppner, Clerk, U. S. District Court, dated 5/11/2015, re: SERVICE OF
PROCESS of 41 Order to Show Cause and 42 PF&R, pursuant to
Magistrate Judge VanDervort's instructions. (slr)

05/12/2015

44

PETITION by James River Equipment, Virginia, LLC for Attorney's
Fees (Attachments: # 1 Exhibit A - October 15, 2014 Billing, # 2 Exhibit
B - April 6, 2015 Billing, # 3 Exhibit C - May 5, 2015 Billing, # 4
Exhibit D - Affidavit of Jason S. Hammond)(Hammond, Jason)

05/15/2015

45

RETURN RECEIPT CARD addressed to Roman Semenov, signed by
Janey Adkins on 5/13/2015, received, verifying receipt of 41 Order to
Show Cause and 42 PROPOSED FINDINGS AND
RECOMMENDATION. (slr)

05/15/2015

46

RETURN RECEIPT CARD, addressed to Justice Energy Company,
Inc., signed by Janey Adkins on 5/13/2015, received, verifying receipt of
41 Order to Show Cause and 42 PROPOSED FINDINGS AND
RECOMMENDATION. (slr)

05/18/2015

47

LEGAL NOTICE of the West Virginia Secretary of State accepting
service of the 41 Order to Show Cause and 42 Proposed Findings and
Recommendation of the Magistrate Judge; service accepted on

 5/12/2015 on behalf of Justice Energy Company, Inc.. (slr) Modified on
6/23/2015 to add additional text (cds).
05/18/2015

48

LEGAL NOTICE of the West Virginia Secretary of State accepting
service of the 41 Order to Show Cause and 42 Proposed Findings and
Recommendation on behalf of Mr. Roman Semenov. Service accepted
on 5/12/2015. (slr)

05/20/2015

49

SHOW CAUSE HEARING held by Judge Irene C. Berger on
5/20/2015; Court Reporter: Lisa Cook. (slr)

05/21/2015

50

SUPPLEMENTAL PETITION by James River Equipment, Virginia,
LLC for Attorney's Fees (Hammond, Jason)

05/22/2015

51

ORDER: The Court ORDERS that the Plaintiff, James River Equipment,
Virginia, LLC's oral motion for an order requiring production of any
document reflecting the Defendant's assumption of debts and liability, if
any, from a recent transaction with Mechel North America, Mechel
Bluestone, Inc., and/or Mechel North America Sales Corporation be
GRANTED, and that the Defendant, Justice Energy Company, Inc.,
produce to the Plaintiff any and all documents reflecting the Defendant's
assumption of debt and liability, if any, from said transaction within 14
days of the entry of this order; the Court ORDERS that the Plaintiff be
granted judgment for its fees, costs, and expenses as of May 20, 2015, in
the amount of $4,527.45, with leave granted to the Plaintiff to update the
amount of said fees, costs, and expenses. Signed by Judge Irene C.
Berger on 5/22/2015. (cc: attys; any unrepresented party) (slr)

08/06/2015

52

ORDER: The Court ORDERS that the 42 PROPOSED FINDINGS
AND RECOMMENDATION be TERMINATED AS MOOT. Signed by
Judge Irene C. Berger on 8/6/2015. (cc: attys; any unrepresented party)
(slr)

09/30/2015

53

SECOND MOTION by James River Equipment, Virginia, LLC for
Contempt and MOTION for Sanctions of Imprisonment of Officers and
Directors Until Justice Energy Company, Inc. Complies with Court
Order (Hammond, Jason).

09/30/2015

54

MEMORANDUM OF LAW by James River Equipment, Virginia, LLC
in support of 53 SECOND MOTION by James River Equipment,
Virginia, LLC for Contempt and MOTION for Sanctions of
Imprisonment of Officers and Directors Until Justice Energy Company,
Inc. Complies with Court Order (Hammond, Jason). (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit
E)(Hammond, Jason)

10/07/2015

55

LEGAL NOTICE by WV SECRETARY OF STATE accepting service
of Plaintiff's 53 Second Motion for Contempt and Motion for Sanction

 of Imprisonment on behalf of Justice Energy Company, Inc.; service
accepted on 10/1/2015. (slr) Modified on 10/15/2015 to add document
link (cds).
10/07/2015

56

LEGAL NOTICE by WV SECRETARY OF STATE, accepting service
of 53 SECOND MOTION by James River Equipment, Virginia, LLC for
Contempt and MOTION by James River Equipment, Virginia, LLC for
Sanctions of Imprisonment of Officers and Directors Until Justice
Energy Company, Inc. Complies with Court Order; service accepted on
behalf of Justice Energy Company, Inc. on 10/1/2015. (slr)

10/22/2015

57

LEGAL NOTICE FROM SECRETARY OF STATE; for James River
Equipment, Virginia, LLC. Certified Mail sent to Justice Energy
Company, Inc. c/o Nina Golubykh, returned on 10/22/2015 by U. S.
Postal Service marked as Return to Sender; Unable to Forward for 53
SECOND MOTION by James River Equipment, Virginia, LLC for
Contempt and MOTION by James River Equipment, Virginia, LLC for
Sanctions of Imprisonment of Officers and Directors Until Justice
Energy Company, Inc. Complies with Court Order. (slr) (Entered:
10/23/2015)

10/22/2015

58

LEGAL NOTICE FROM SECRETARY OF STATE; for James River
Equipment, Virginia, LLC. Certified Mail sent to Justice Energy
Company, Inc. c/o Roman Semenov, returned on 10/22/2015 by U. S.
Postal Service marked as Return to Sender; Unable to Forward for 53
SECOND MOTION by James River Equipment, Virginia, LLC for
Contempt and MOTION by James River Equipment, Virginia, LLC for
Sanctions of Imprisonment of Officers and Directors Until Justice
Energy Company, Inc. Complies with Court Order. (slr) (Entered:
10/23/2015)

01/05/2016

59

MEMORANDUM OPINION AND ORDER: The Court ORDERS that
the Plaintiff James River Equipment Virginia, LLC's 53 MOTION for
Contempt be GRANTED, and that the Defendant be held in civil
contempt and fined the sum of $30,000.00 per day beginning on
1/5/2015, and continuing until such time as the Defendant fully complies
with the terms of the Court's Order of May 22, 2015; the Court
ORDERS the Defendant to pay the Plaintiff's costs of bringing this
motion, and lastly, ORDERS that the Plaintiff's 53 MOTION for
Imprisonment of Officers and Directors until Justice Energy Company,
Inc. Complies with Court Order be DENIED. Signed by Judge Irene C.
Berger on 1/5/2016. (cc: attys; any unrepresented party) (slr) Modified
date on 1/22/2016 (cds).

01/25/2016

60

ORDER: Upon further consideration of the Court's 59 Memorandum
Opinion and Order, the Court ORDERS that the parties to this action
submit written statements advising the Court as to whether the

 Defendant has fully and faithfully complied with the terms of the May
22, 2015 Order. Signed by Judge Irene C. Berger on 1/25/2016. (cc:
attys; any unrepresented party) (slr)
02/01/2016

61

WRITTEN STATEMENT REGARDING WHETHER THE
DEFENDANT HAS FULLY AND FAITHFULLY COMPLIED WITH
THE TERMS OF THE MAY 22, 2015 ORDER by James River
Equipment, Virginia, LLC (Attachment: # 1 Exhibit A Email)(Hammond, Jason)

02/15/2016

62

JOINT MOTION by James River Equipment, Virginia, LLC, Justice
Energy Company, Inc. to Stay Action (Hammond, Jason) (Modified on
2/15/2016 to add party filer) (skh).

02/19/2016

63

NOTICE OF APPEARANCE by Andrew L. Ellis, John R. Hussell, IV,
John D. Wooton, Jr. on behalf of Justice Energy Company, Inc. (Ellis,
Andrew)

02/19/2016

64

WRITTEN STATEMENT by Justice Energy Company, Inc. Pursuant to
the Court's 60 Order. (Ellis, Andrew)

02/25/2016

65

ORDER: The Court ORDERS that the 62 JOINT MOTION to Stay
Action be GRANTED and that all claims and judgment against
Defendant Justice Energy, Inc. be STAYED pending the Defendant's
completion of the payment plan on or before 4/1/2016; the Court
ORDERS that the Plaintiff advise the Clerk of Court of the status of the
Defendant's compliance with the payment plan on 3/1/2016 and
4/1/2016; the Court ORDERS that the ongoing fine of $30,000 per day
against the Defendant for civil contempt, assessed pursuant to the 59
Memorandum Opinion and Order, be STAYED pending the Defendant's
compliance with the payment plan, but REINSTATED without further
order of the Court if the Defendant fails to comply with the terms of the
payment plan; the Court ORDERS that judgment be entered against the
Defendant, Justice Energy Company, Inc., in favor of the Plaintiff,
James River Equipment, Virginia, LLC, for the total amount of the fine
from the entry of the 59 Memorandum Opinion and Order on 1/5/2016
through 2/15/2016. Signed by Judge Irene C. Berger on 2/25/2016. (cc:
attys; any unrepresented party) (slr)

02/25/2016

66

ORDER: For reasons appearing to the Court, it is hereby ORDERED
that the 65 Order entered on February 25, 2016, be VACATED AND
SET ASIDE. Signed by Judge Irene C. Berger on 02/25/2016. (cc: attys;
any unrepresented party) (msa)

02/25/2016

67

ORDER: the Court ORDERS that the 62 Joint Motion to Stay Action be
GRANTED and that all claims in this action against the Defendant,
Justice Energy Company, Inc., be STAYED pending the Defendants
completion of the payment plan on or before 04/01/2016. The Court also

 ORDERS that the Plaintiff advise the Court of the status of the
Defendants compliance with the payment plan on 03/01/2016, and
04/01/2016. The Court further ORDERS that the ongoing sanction of
$30,000 per day against the Defendant for civil contempt, assessed
pursuant to this Courts 59 Memorandum Opinion and Order of
01/05/2016, be STAYED pending the Defendants compliance with the
payment plan, but automatically REINSTATED without further order
from the Court if the Defendant fails to make timely payment pursuant
to the terms of the payment plan. Finally, the Court ORDERS that
judgment be entered against the Defendant, Justice Energy Company,
Inc., in favor of the United States in the amount of one million two
hundred thirty thousand dollars ($1,230,000) representing the total
amount of the sanction from the entry of the Courts 59 Memorandum
Opinion and Order on 01/05/2016, through 02/14/2016. Signed by Judge
Irene C. Berger on 02/25/2016. (cc: attys; Carol Casto-USA-SDWV, any
unrepresented party) (msa)
02/29/2016

68

NOTICE OF APPEARANCE by Richard L. Gottlieb, G. Nicholas
Casey, Jr., Ramonda C. Lyons on behalf of Justice Energy Company,
Inc. (Gottlieb, Richard)

02/29/2016

69

JOINT NOTICE OF PAYMENT by James River Equipment, Virginia,
LLC, Justice Energy Company, Inc. (Hammond, Jason) (Modified on
2/29/2016 to add party filer)(skh).

03/23/2016

70

MOTION by Justice Energy Company, Inc. to Alter or Amend Sanction
Judgment re: 67 Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8
Exhibit 8)(Gottlieb, Richard)

03/23/2016

71

MEMORANDUM OF LAW by Justice Energy Company, Inc. in
support of 70 MOTION by Justice Energy Company, Inc. to Alter or
Amend Sanction Judgment re: 67 Order (Gottlieb, Richard)

08/04/2016

72

MEMORANDUM OPINION AND ORDER: The Court ORDERS that
Defendant Justice Energy Company, Inc.'s 70 MOTION to Alter or
Amend Sanction Judgment be DENIED. Signed by Judge Irene C.
Berger on 8/4/2016. (cc: attys; any unrepresented party) (slr)

09/02/2016

73

NOTICE OF APPEAL WITH FEE PAID by Justice Energy Company,
Inc. as to 72 Memorandum Opinion and Order and 67 Order. Filing Fee
$505. Receipt # 0425-4853968. (Lyons, Ramonda)

09/06/2016

74

TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via NOTICE
OF APPELLATE ACTION re: 73 Notice of Appeal to the 4CCA. (slr)

 09/06/2016

75

NOTICE OF APPELLATE CASE OPENING BY 4CCA re: 73 Notice
of Appeal to the 4CCA in 4CCA Case No. 16-2012. Case Manager:
Anisha Walker. (slr)

09/19/2016

76

TRANSCRIPT REQUEST by Justice Energy Company, Inc. for
proceedings held on May 5, 2015 before Magistrate Judge R. Clarke
VanDervort. (Lyons, Ramonda)

09/20/2016

77

TRANSCRIPT ORDER ACKNOWLEDGMENT with Forms Attached
in 4CCA Case Number 16-2012. Transcript due on 11/28/2016. (slr)

09/26/2016

78

TRANSCRIPT OF PROCEEDINGS of Motions Hearing held on
05/05/2015, before Magistrate Judge R. Clarke VanDervort. Court
Reporter Ayme Cochran, Telephone number 304-347-3128. Transcript
may be viewed at the court public terminal or purchased through the
Court Reporter before the deadline for Release of Transcript Restriction.
After that date it may be obtained through PACER. Notice of Intent to
Redact due 10/6/2016. Redaction Request due 10/17/2016. Redacted
Transcript Deadline set for 10/27/2016. Release of Transcript Restriction
set for 12/27/2016. (aac)

09/28/2016

79

TRANSCRIPT REQUEST by Justice Energy Company, Inc. for
proceedings held on 9/16/14 before Magistrate Judge R. Clarke
VanDervort. (Lyons, Ramonda)

09/28/2016

80

TRANSCRIPT REQUEST by Justice Energy Company, Inc. for
proceedings held on 5/20/15 before Hon. Irene C. Berger. (Lyons,
Ramonda)

09/28/2016

81

TRANSCRIPT REQUEST by Justice Energy Company, Inc. for
proceedings held on 3/31/15 before Magistrate Judge R. Clarke
VanDervort. (Lyons, Ramonda)

09/29/2016

82

APPEAL TRANSCRIPT FILED of Status Conference for dates of
September 16, 2014, before Magistrate Judge R. Clarke VanDervort,
Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript
may be viewed at the court public terminal or purchased through the
Court Reporter before the deadline for Release of Transcript Restriction.
After that date it may be obtained through PACER. Does this satisfy all
appellate orders for this reporter? - Yes. Notice of Intent to Redact due
10/11/2016. Redaction Request due 10/20/2016. Redacted Transcript
Deadline set for 10/31/2016. Release of Transcript Restriction set for
12/28/2016. (lac)

09/29/2016

83

APPEAL TRANSCRIPT FILED of Status Conference for dates of
March 31, 2015, before Magistrate Judge R. Clarke VanDervort, Court
Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may
be viewed at the court public terminal or purchased through the Court

 Reporter before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Does this satisfy all
appellate orders for this reporter? - Yes. Notice of Intent to Redact due
10/11/2016. Redaction Request due 10/20/2016. Redacted Transcript
Deadline set for 10/31/2016. Release of Transcript Restriction set for
12/28/2016. (lac)
09/29/2016

84

APPEAL TRANSCRIPT FILED of Show Cause Hearing for dates of
May 20, 2015, before Judge Irene C. Berger, Court Reporter Lisa Cook,
Telephone number 304-254-8053. Transcript may be viewed at the court
public terminal or purchased through the Court Reporter before the
deadline for Release of Transcript Restriction. After that date it may be
obtained through PACER. Does this satisfy all appellate orders for this
reporter? - Yes. Notice of Intent to Redact due 10/11/2016. Redaction
Request due 10/20/2016. Redacted Transcript Deadline set for
10/31/2016. Release of Transcript Restriction set for 12/28/2016. (lac)

01/19/2017

85

ORDER OF 4CCA as to 73 Notice of Appeal to the 4CCA in 4CCA
Case No. 16-2012. The court grants the motion to withdraw G. Nicholas
Casey, Jr. from further representation on appeal. (msa)

07/11/2017

86

4CCA OPINION re: 73 Notice of Appeal to the 4CCA in 4CCA Case
No. 16-2012. (msa)

07/11/2017

87

4CCA JUDGMENT re: 73 Notice of Appeal to the 4CCA in 4CCA Case
No. 16-2012. In accordance with the decision of this Court, the appeal is
dismissed. (msa) Modified text on 7/12/2017 (slr).

07/11/2017

88

NOTICE OF JUDGMENT as to 73 Notice of Appeal to the 4CCA filed
by Justice Energy Company, Inc. in 4CCA Case Number 16-2012. (msa)

07/26/2017

89

4CCA NOTICE - STAY OF MANDATE UNDER FRAP 41(d)(1) in
4CCA Case No. 16-2012, dated 7/26/2017. (btm)

09/18/2017

90

ORDER OF 4CCA as to 73 Notice of Appeal to the 4CCA in 4CCA
Case No. 16-2012. The court denies the petition for rehearing and
rehearing en banc. (msa) (Entered: 09/19/2017)

09/26/2017

91

MANDATE re: 73 Notice of Appeal to the 4CCA in 4CCA Case No.
16-2102. The judgment of this Court, entered 07/11/2017, 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.
(msa)

10/03/2017

92

JOINT STIPULATION OF DISMISSAL WITH PREJUDICE AND
RESERVATION OF APPELLATE RIGHTS AS TO SANCTION
ISSUED BY COURT AGAINST JUSTICE ENERGY COMPANY,
INC. by Justice Energy Company, Inc., James River Equipment,

 Virginia, LLC (Lyons, Ramonda) (Modified on 10/3/2017 to add party
filer) (ts).
10/30/2017

93

ORDER: Construing the 92 Joint Stipulation of Dismissal with Prejudice
and Reservation of Appellate Rights as to Sanction Issued by Court
Against Justice Energy Company, Inc. as a Motion to Dismiss, and
holding the same in abeyance; directing Defendant, Justice Energy
Company, Inc. to advise the Court within 15 days of the entry of this
Order as to the status of the payment of sanctions pending against it.
Signed by Judge Irene C. Berger on 10/30/2017. (cc: attys; any
unrepresented party) (slr)

11/02/2017

94

STATUS REPORT by Justice Energy Company, Inc. With Regard to
Sanction Payment (Lyons, Ramonda)

01/29/2018

95

ORDER OF DISMISSAL: Pursuant to the Court's 67 Order entering
judgment against the Defendant and in favor of the United States in the
sum of $1,230,000 and the parties' 92 Joint Stipulation of Dismissal, the
Court ORDERS that this action be DISMISSED WITH PREJUDICE
and stricken from the docket. Signed by Judge Irene C. Berger on
1/29/2018. (cc: attys; any unrepresented party) (slr)

01/29/2018

96

TRANSMITTED CERTIFIED COPY of 95 Order of Dismissal to
attorneys and any unrepresented party. (slr)

02/28/2018

97

NOTICE OF APPEAL WITH FEE PAID by Justice Energy Company,
Inc. as to 67 Order, 72 Memorandum Opinion and Order, and 95 Order
of Dismissal. Filing Fee $505. Receipt # 0425-6268608. (Hussell, John)

02/28/2018

98

TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via APPEAL
TRANSMITTAL SHEET re: 97 Notice of Appeal to the 4CCA. (slr)

03/01/2018

99

NOTICE OF APPELLATE CASE OPENING BY 4CCA re: 97 Notice
of Appeal to the 4CCA in 4CCA Case No. 18-1221. Case Manager:
Rickie Edwards. (slr)

08/17/2018

100

4CCA OPINION re: 97 Notice of Appeal to the 4CCA in 4CCA Case
No. 18-1221. (msa)

08/17/2018

101

4CCA JUDGMENT re: 97 Notice of Appeal to the 4CCA in 4CCA Case
No. 18-1221. The judgment of the District Court is affirmed. (msa)

08/17/2018

102

NOTICE OF JUDGMENT as to 97 Notice of Appeal to the 4CCA filed
by Justice Energy Company, Inc. in 4CCA Case Number 18-1221. (msa)

09/10/2018

103

MANDATE re: 97 Notice of Appeal to the 4CCA in 4CCA Case No.
18-1221. The judgment of this Court, entered 8/17/2018, 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)

 PACER Service Center
Transaction Receipt
09/25/2018 16:02:07
PACER Login:

amusedbrit

Client Code:

Description:

Docket Report

Search Criteria:

5:13-cv-28160

Billable Pages:

9

Cost:

0.90