IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,

V.
SOUTHERN COAL CORPORATION;
A & G COAL CORPORATION;
JUSTICE COAL OF ALABAMA LLC;
BLACK RIVER COAL LLC;
CHESTNUT LAND HOLDINGS LLC;
DOUBLE BONUS COAL COMPANY;
DYNAMIC ENERGY INC.; FOUR
STAR RESOURCES LLC; FRONTIER
COAL COMPANY, INC.; INFINITY
ENERGY INC.; JUSTICE ENERGY
COMPANY, INC.; JUSTICE
HIGHWALL MINING, INC.;
KENTUCKY FUEL CORP.,
KEYSTONE SERVICES INDUSTRIES
INC.; M & P SERVICES, INC.; NINE
MILE MINING COMPANY, INC.;
NUFAC MINING COMPANY, INC.;
PAY CAR MINING INC.; PREMIUM
COAL COMPANY, INC.; S AND H
MINING, INC.; SEQUOIA ENERGY,
LLC; TAMS MANAGEMENT, INC.;
VIRGINIA FUEL CORP.,

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Case No. 7:19cv354

Defendants.
COMPLAINT
Plaintiff, United States of America, on behalf of the Secretary of Labor, United States
Department of Labor, and Mine Safety and Health Administration (“MSHA”), by and through the
United States Attorney for the Western District of Virginia, hereby alleges as follows:

Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 1 of 9 Pageid#: 1

 INTRODUCTION
1.

This action is brought by the United States of America to collect civil penalties and

other amounts owed to the United States under the Mine Safety and Health Act of 1977, as
amended, 30 U.S.C. § 801, et seq. (“Mine Act”), and the Federal Debt Collection Procedures Act
(“FDCPA”), 28 U.S.C. § 3001, et seq., as applicable.
2.

Defendants have failed to pay hundreds of monetary penalties for Mine Act

violations, totaling $4,776,370.40, inclusive of penalties and interest, as of May 3, 2019. As a
result, the United States seeks “to recover a judgment on [the] debt” that Defendants have long
refused to pay. 28 U.S.C. § 3001(a).
JURISDICTION AND VENUE
3.

This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1345 because

the United States is the plaintiff. The Court also has jurisdiction under Section 110(j) of the Mine
Act, 30 U.S.C. § 820(j), and the FDCPA, 28 U.S.C. § 3001(a).
4.

Venue is proper in the Western District of Virginia pursuant to 28 U.S.C.

§§ 1391(b)(1) and 3001(b).
PARTIES
5.

Plaintiff is the United States of America acting pursuant to its authority under the

Mine Act and FDCPA to collect debts owed for violations due to unsafe mine conditions under
the Mine Act.
6.

Southern Coal Corporation (“SCC”) is a Delaware corporation with its principal

place of business at 818 North Eisenhower Drive, Beckley, West Virginia. SCC conducts business
at 302 South Jefferson Street, Roanoke, Virginia. SCC is the parent company of several of the

2
Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 2 of 9 Pageid#: 2

 defendant mine operators. James C. Justice II, James C. Justice III, and Jillian L. Justice were
and/or are the record owners of all the outstanding stock of SCC at the relevant times.
7.

Justice Coal of Alabama, LLC (fka Alabama Carbon, LLC) is an Alabama limited

liability company with its principal place of business at 818 North Eisenhower Drive, Beckley,
West Virginia. Justice Coal of Alabama, LLC operates one mine with delinquent, uncontested
MSHA penalties in Jackson County, Alabama.
8.

A & G Coal Corporation is a Virginia corporation with its principal place of

business at 302 South Jefferson Street, Roanoke, Virginia. A & G Coal Corporation operates eight
mines with delinquent, uncontested MSHA penalties in Wise County and Dickenson County,
Virginia.
9.

Black River Coal, LLC is a Delaware limited liability company, with its principal

place of business at 302 South Jefferson Street, Roanoke, Virginia. Black River Coal, LLC
operates one mine with delinquent, uncontested MSHA penalties in Tazewell County, Virginia.
10.

Chestnut Land Holdings, LLC is a Delaware limited liability company with its

principal place of business at 302 South Jefferson Street, Roanoke, Virginia. Chestnut Land
Holdings LLC operates one mine with delinquent, uncontested MSHA penalties in McDowell
County, West Virginia.
11.

Double Bonus Coal Company is a West Virginia corporation with its principal

place of business at 216 Lake Drive, Daniels, West Virginia. Double Bonus Coal Company
operates one mine with delinquent, uncontested MSHA penalties in Wyoming County, West
Virginia.

3
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 12.

Dynamic Energy, Inc. is a West Virginia corporation with its principal place of

business at 216 Lake Drive, Daniels, West Virginia. Dynamic Energy, Inc. operates one mine with
delinquent, uncontested MSHA penalties in Wyoming County, West Virginia.
13.

Four Star Resources LLC is a Kentucky limited liability company with its principal

place of business at 302 South Jefferson Street, Roanoke, Virginia. Four Star Resources LLC
operates one mine with delinquent, uncontested MSHA penalties in Harlan County, Kentucky.
14.

Frontier Coal Company, Inc. is a West Virginia corporation with its principal place

of business at 216 Lake Drive, Daniels, West Virginia. Frontier Coal Company, Inc. operates one
mine with delinquent, uncontested MSHA penalties in Wyoming County, West Virginia.
15.

Infinity Energy, Inc. is a Kentucky corporation with its principal place of business

at 302 South Jefferson Street, Roanoke, Virginia. Infinity Energy, Inc. operates one mine with
delinquent, uncontested MSHA penalties in Leslie County, Kentucky.
16.

Justice Energy Company is a West Virginia corporation with its principal place of

business at 216 Lake Drive, Daniels, West Virginia. Justice Energy Company operates one mine
with delinquent, uncontested MSHA penalties in McDowell County, West Virginia.
17.

Justice Highwall Mining, Inc. is a West Virginia corporation with its principal place

of business at 216 Lake Drive, Daniels, West Virginia. Justice Energy Company operates one mine
with delinquent, uncontested MSHA penalties in McDowell County, West Virginia.
18.

Kentucky Fuel Corporation is a West Virginia corporation with its principal place

of business at 302 South Jefferson Street, Roanoke, Virginia. Kentucky Fuel Corporation operates
seven mines with delinquent, uncontested MSHA penalties in Breathitt County, Kentucky; Knott
County, Kentucky; McDowell County, West Virginia; and Logan County, West Virginia.

4
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 19.

Keystone Service Industries Inc. is a West Virginia corporation with its principal

place of business at 216 Lake Drive, Daniels, West Virginia. Keystone Service Industries operates
one mine with delinquent, uncontested MSHA penalties in McDowell County, West Virginia.
20.

M & P Services, Inc. is a West Virginia corporation with its principal place of

business at 216 Lake Drive, Daniels, West Virginia. M & P Services, Inc. operates one mine with
delinquent, uncontested MSHA penalties in McDowell County, West Virginia.
21.

Nine Mile Mining, Inc. is a Virginia corporation with its principal place of business

at 302 South Jefferson Street, Roanoke, Virginia. Nine Mile Mining, Inc. operates two mines with
delinquent, unpaid MSHA penalties in Lee County, Virginia, and Wise County, Virginia.
22.

Nufac Mining Company, Inc. is a Delaware corporation with its principal place of

business at 1209 Orange Street, Wilmington, Delaware. Nufac Mining Company, Inc. operates
three mines with delinquent, uncontested MSHA penalties in McDowell County and Wyoming
County, West Virginia.
23.

Pay Car Mining, Inc. is a West Virginia corporation with its principal place of

business at 216 Lake Drive, Daniels, West Virginia. Pay Car Mining, Inc. operates two mines with
delinquent, uncontested MSHA penalties in McDowell County and Wyoming County, West
Virginia.
24.

Premium Coal Company, Incorporated is an Alabama corporation with its principal

place of business at 302 South Jefferson Street, Roanoke, Virginia. Premium Coal Company,
Incorporated operates three mines with delinquent, uncontested MSHA penalties in Anderson
County, Tennessee.

5
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 25.

S and H Mining, Inc. is a Tennessee corporation with its principal place of business

at 302 South Jefferson Street, Roanoke, Virginia. S and H Mining Inc. operates one mine with
delinquent, uncontested MSHA penalties in Campbell County, Tennessee.
26.

Sequoia Energy, LLC is a Kentucky limited liability company with its principal

place of business at 302 South Jefferson Street, Roanoke, Virginia. Sequoia Energy, LLC operates
two mines with delinquent, uncontested MSHA penalties in Harlan County, Kentucky.
27.

Tams Management, Inc. is a West Virginia corporation with its principal place of

business at 216 Lake Drive, Daniels, West Virginia. Tams Management, Inc. operates two mines
with delinquent, uncontested MSHA penalties in Raleigh County, West Virginia.
28.

Virginia Fuel Corporation is a Delaware corporation with its principal place of

business at 302 South Jefferson Street, Roanoke, Virginia. Virginia Fuel Corporation operates six
mines with delinquent, uncontested MSHA penalties in Harlan County, Kentucky; Lee County,
Virginia; Dickenson County, Virginia; and Wise County, Virginia.
FACTS
29.

Under the Mine Act, an “operator means any owner, lessee, or other person who

operates, controls, or supervises a coal or other mine or any designated independent contractor
performing services or construction at such mine.” 30 U.S.C. § 802.
30.

When the operator is a corporate entity, the operator must provide MSHA with

various information, including identifying the individual controller of the operator. 30 C.F.R.
§ 41.11(d). Any changes to the required information, including a controller change, must be
reported to MSHA within 30 days of the change. Id. § 41.12.
31.

The controllers of the defendant operators are currently James C. Justice II, James

C. Justice III, and Jillian Justice.

6
Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 6 of 9 Pageid#: 6

 32.

Between May 3, 2014, and May 3, 2019, MSHA issued at least 2,297 citations to

Defendants for violations of the Mine Act. MSHA assessed civil penalties for each violation
pursuant to the Mine Act, totaling at least $3,954,984.37. See Treasury Decl., Ex. 1; MSHA Decl.,
Ex. 2.
33.

Defendants failed to pay the proposed penalties or notify MSHA that it contested

the assessed civil penalties and request a hearing. Defendants were informed that the assessments
would become a final order if they failed to contest the assessments by operation of law under
Section 105(a) of the Mine Act, 30 U.S.C. § 815(a), and that the final order would be enforced
under the provisions of the Mine Act. The citations and penalties are, therefore, final orders within
the meaning of Section 105(a) of the Mine Act, 30 U.S.C. § 815(a).
34.

The various civil penalties became delinquent thirty days after the final order of the

Federal Mine Safety and Health Review Commission under Section 105(a) and (d) of the Mine
Act, 30 U.S.C. § 815(a) & (d). MSHA sent two demand letters to Defendants and when unable to
collect the respective debt for at least 100 days, MSHA forwarded $2,393,236.97 to the
Department of Treasury (“Treasury”) for collection under the FDCPA.
35.

Treasury sent a written demand for each delinquent debt upon MSHA’s referral of

each debt to Treasury for collection. Treasury attempted to collect these debts, including hiring
third-party debt collectors and placing Defendants in the Treasury Offset Program. Despite these
collection attempts by Treasury, Defendants still failed to pay the assessed penalty, and Treasury
referred the debts to the Department of Justice for collection.
36.

After referral to the Department of Justice for collection, the United States

Attorney’s Office for the Western District of Virginia made a written demand for the delinquent
debts on Defendants on September 5, 2018. Defendants still have failed to pay the outstanding

7
Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 7 of 9 Pageid#: 7

 debt. Interest and additional penalties have been assessed in accordance with 30 U.S.C. § 820(j),
31 U.S.C. §§ 3711(g) and 3717(e), and 28 U.S.C. § 527.
37.

MSHA’s referral of many of the debts to the Treasury for collection subjected the

penalties to additional fees. For the civil penalties identified in Paragraph 32, Defendants owe an
additional $821,386.03 in unpaid fees.
38.

The amounts described in Paragraphs 32 and 37, totaling $3,214,623.00, are due

and owing to the United States and have not been paid. See Treasury Decl., Ex. 1.
39.

Additionally, final orders have been issued against Defendants for an additional

806 violations that MSHA has not referred to Treasury for collection, totaling $1,561,747.40,
which is past due and owing to the United States but has not been paid. See MSHA Decl., Ex. 2.
40.

As the operators of the mines for which the citations and penalties described above

were issued, Defendants are liable for the unpaid civil penalties pursuant to Sections 110(a) and
110(j) of the Mine Act, 30 U.S.C. §§ 820(a) & 820(j).
PRAYER FOR RELIEF
The United States of America respectfully requests the following relief:
1. A Judgment against Defendant for the principal amount of unpaid civil penalties and
administrative costs owed to the United States for Mine Act violations, in an amount not
less than $4,776,370.40;
2. A Judgment against Defendants for interest on the principal amount of the unpaid civil
penalties at the rate of 8% per annum authorized by Section 110(j) of the Mine Act, 30
U.S.C. § 820(j), plus interest accruing after May 3, 2019;
3. A Judgment against Defendants for the 10% surcharge authorized by the FDCPA, 28
U.S.C. § 3011(a);

8
Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 8 of 9 Pageid#: 8

 4.

An order enjoining Defendants from violating, failing, or refusing to comply with an order
or decision under the Mine Act, and enjoining them from failing or refusing to comply with
any order or decision, including a civil penalty assessment order, that is issued under the
Mine Act; and

5. Any other appropriate relief.

Respectfully submitted,
THOMAS T. CULLEN
United States Attorney
/s/ Krista Consiglio Frith
Assistant United States Attorney
Virginia Bar No. 89088
United States Attorney’s Office
P.O. Box 1709
Roanoke, VA 24008
TEL (540) 857-2250
FAX (540) 857-2614
krista.frith@usdoj.gov
/s/ Jason S. Grover
Special Assistant United States Attorney
Illinois Bar No. 6256032
Counsel for Trial Litigation
Mine Safety and Health Division
Office of the Solicitor
U.S. Department of Labor
201 12th Street South
Suite 401
Arlington, VA 22202
TEL (202) 693-9326
FAX (202) 693-9392
grover.jason@dol.gov

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 EXHIBIT 1

Case Document 1-1 Filed 05/07/19 Page 1 of 4 Pageid#: 10

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
V.
SOUTHERN COAL CORPORATION;
A & G COAL CORPORATION;
ALABAMA CARBON LLC; JUSTICE
COAL OF ALABAMA LLC; BLACK
RIVER COAL LLC; CHESTNUT
LAND HOLDINGS LLC; DOUBLE
BONUS COAL COMPANY;
DYNAMIC ENERGY INC.; FOUR
STAR RESOURCES LLC; FRONTIER
COAL COMPANY, INC.; INFINITY
ENERGY INC.; JUSTICE ENERGY
COMPANY, INC.; KENTUCKY FUEL
CORP., KEYSTONE SERVICES
INDUSTRIES INC.; M&P SERVICES,
INC.; NINE MILE MINING
COMPANY, INC.; NUFAC MINING
COMPANY, INC.; PAY CAR MINING
INC.; PREMIUM COAL COMPANY,
INC.; S&H MINING, INC.; SEQUOIA
ENERGY; TAMS MANAGEMENT,
INC.; VIRGINIA FUEL CORP.,
Defendants.

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Case No.

DECLARATION
I, Anita M. Triantafilledes, pursuant to 28 U.S.C. § 1746, hereby declare as follows:
1.

I am the Manager of the Litigation Policy & Management Branch in the Department of
the Treasury, Bureau of the Fiscal Service, Debt Management Services (DMS),
Washington, D.C. The information described herein is based on my training, experience,

Case 7:19-cv-00354-GEC Document 1-1 Filed 05/07/19 Page 2 of 4 Pageid#: 11

 and review of the records for Defendants A&G Coal Corporation, Alabama Carbon LLC,
Justice Coal of Alabama LLC, Black River Coal LLC, Chestnut Land Holdings LLC,
Double Bonus Coal Company, Dynamic Energy Inc., Four Star Resources LLC, Frontier
Coal Company, Inc., Infinity Energy Inc., Justice Energy Company, Inc., Kentucky Fuel
Corp., Keystone Services Industries Inc., M&P Services, Inc., Nine Mile Mining
Company, Inc., Nufac Mining Company, Inc. Pay Car Mining, Inc., Premium Coal
Company, Inc., S&H Mining, Inc., Sequoia Energy, Tams Management, Inc., and
Virginia Fuel Corp. (collectively, “Defendants”).
2.

Federal agencies refer delinquent nontax debts to DMS for collection. At the time of
referral, and at each agency update, agencies are required to certify to DMS that the debts
they refer are delinquent, valid, legally enforceable in the amount stated, and that any
required due process has been given.

3.

After a debt is referred to DMS by a creditor agency, such as the Department of Labor,
Mine Safety and Health Administration (“MSHA”), DMS uses a number of collection
tools, to attempt to collect the debt. These tools may include: demand letter(s); phone
contact and/or correspondence with the debtor; referral to the Treasury Offset Program
(TOP) to reduce any eligible federal or state payments that the debtor may receive;
referral to private collection agencies (PCAs), which are under contract with DMS; and
referral to the Department of Justice for enforced collection through litigation.

4.

DMS charges creditor agencies fees to cover the cost of collection. DMS is authorized to
charge these fees pursuant to 31 U.S.C. § 3711(g)(6); see also 31 C.F.R. § 285.12(j); 31
C.F.R. § 901.1(f). DMS fees are 30% for any debts that are less than two years
delinquent, based on the default date provided by the creditor agency, and 32% for debts

Case 7:19-cv-00354-GEC Document 1-1 Filed 05/07/19 Page 3 of 4 Pageid#: 12

 that are over two years delinquent. The fee is computed as 30% or 32% of the principal,
plus interest, penalty, and administrative costs of the referred debt. 1
5.

In addition, the Department of Justice has authority to charge a 3% fee pursuant to 28
U.S.C. § 527 legislative note.

6.

Creditor agencies, such as MSHA, are generally required to pass on all debt collection
costs to the debtor. 31 U.S.C. § 3717(e)(1); see also 31 C.F.R. § 901.9(c), (f). Costs to
the creditor agency include fees charged to the creditor agency. See id.

7.

The amount owed by Defendants as of May 3, 2019, is $3,214,623.00.

8.

The amount owed is comprised of:
Principal: $2,393,236.97
Fiscal Service and DOJ fees: $821,386.03
TOTAL: $3,214,623.00

DATED this 6th day of May, 2019.
Digitally signed by Anita M.

Anita M. Triantafilledes Triantafilledes

Date: 2019.05.06 18:36:30 -04'00'
Signature____________________________________

Anita M. Triantafilledes
Manager, Litigation Policy & Management Branch
Bureau of the Fiscal Service, Debt Management Service
Department of the Treasury

1
When a collection on a federal nontax debt results from offset of payments through TOP, DMS charges the
creditor agency the TOP fee of $17.00 per offset, and does not charge the 30% or 32% fee.
2
The 1994 Appropriation Act (PL. 103-121) authorized DOJ to retain up to 3% of all amounts collected as
the result of its civil debt collection litigation activities. Because the DOJ fee is based on amounts collected, the DOJ
Fee is calculated by adding principal, interest, administrative costs (including Fiscal Service’s fee), penalties and
then dividing by .97 and multiplying by .03.

Case 7:19-cv-00354-GEC Document 1-1 Filed 05/07/19 Page 4 of 4 Pageid#: 13

 EXHIBIT 2

Case Document 1-2 Filed 05/07/19 Page 1 of 24 Pageid#: 14

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION

UNITED STATES OF AMERICA,

Plaintiff, Declaration of Thomas Charboneau

V.
Case No.
SOUTHERN COAL 
A COAL 
BANDY COAL BLACK RIVER
COAL BLUESTONE COAL
CHESTNUT LAND
HOLDINGS DOUBLE BONUS
COAL FRONTIER COAL
COMPANY JUSTICE ENERGY
COMPANY JUSTICE
HIGHWALL MINING 
KENTUCKY FUEL 
KEYSTONE SERVICE INDUSTRIES
NINE MILE MINING 
NUFAC MINING COMPANY 
PAY CAR MINING PREMIUM
COAL COMPANY TAMS
MANAGEMENT VIRGINIA
FUEL CORPORATION, AND
MINING, SEQUOIA
TAMS MANAGEMENT,
VIRGINIA FUELS CORR,

Defendants.

 

DECLARATION
I, Thomas Charboneau, pursuant to 28 U.S.C. 1746, hereby declare as follows:
1. I am the Director of the Of?ce of Assessments, Mine Safety and Health
Administration (MSHA), US. Department of Labor, in Arlington, Virginia. The Of?ce

of Assessments collects civil monetary penalties for Violations of the Federal Mine Safety

Case Document 1-2 Filed 05/07/19 Page 2 of 24 Pageid#: 15

 

and Health Act of 1977, as amended, 30 U.S.C. 801 et seq. (Mine Act) and of mine
safety and health standards issued under the Mine Act. The Of?ce of Assessments
administers all activities for the proposal of the dollar amounts of civil penalties and the
administrative processing of all civil penalty assessments that become ?nal orders of the
Federal Mine Safety and Health Review Commission as well as associated
cash and debt management activities. These activities include collecting and accounting
for all delinquent civil penalties.

2. In the course of my duties, I have access to certain computer records of the
Of?ce of Assessments and MSHA. I oversaw a search of the records within my custody
and control in connection with the citations for safety and health violations issued by
MSHA, and civil monetary penalties assessed by at the mines listed in the

attached spreadsheet.

3. As re?ected in the attached charts, MSHA proposed civil monetary penalties
since May 3, 2014, for no fewer than:

a. 118 violations at mines operated by A Coal Corporation, MSHA
proposed civil penalties that become final orders of in the principal amount of
not less than $544,532.97.

b. 3 violations at mines operated by Bandy Coal LLC, MSHA preposed
civil penalties that become ?nal orders of in the principal amount of not less

than $407.00.

2

Case Document 1-2 Filed 05/07/19 Page 3 of 24 Pageid#: 16

c. 11 violations at mines operated by Black River Coal LLC, MSHA
proposed civil penalties that become final orders of in the principal amount of
not less than $86,041.00.

d. 10 violations at mines operated by Bluestone Coal Corporation, MSHA
proposed civil penalties that become ?nal orders of in the principal amount of
not less than $2,167.00.

e. 2 violations at mines operated by Chestnut Land Holdings LLC, MSHA
proposed civil penalties that become final orders of in the principal amount of
not less than $411.53.

f. 19 violations at mines operated by Double Bonus Coal Company,
MSHA proposed civil penalties that become ?nal orders of in the principal
amount of not less than $97,103.00.

g. 39 violations at mines operated by Frontier Coal Company Inc, MSHA
proposed civil penalties that become final orders of in the principal amount of
not less than $11,684.31.

h. 36 violations at mines operated by Justice Energy Company Inc, MSHA
proposed civil penalties that become final orders of in the principal amount of
not less than $14,561.15.

i. 16 Violations at mines operated by Justice Highwall Mining Inc, MSHA
proposed civil penalties that become ?nal orders of in the principal amount of

not less than $4,075.42.

3
Case Document 1-2 Filed 05/07/19 Page 4 of 24 Pageid#: 17

j. 12 violations at mines operated by Kentucky Fuel Corporation, MSHA
proposed civil penalties that become ?nal orders of in the principal amount of
not less than $63,378.42.

k. 7 violations at mines operated by Keystone Service Industries Inc,
MSHA proposed civil penalties that become ?nal orders of in the principal
amount of not less than $849.92.

1. 9 violations at mines operated by Nine Mile Mining Inc, MSHA
proposed civil penalties that become ?nal orders of in the principal amount of
not less than $11,465.78.

m. 111 violations at mines operated by Nufac Mining Company Inc,
MSHA prOposed civil penalties that become ?nal orders of in the principal
amount of not less than $25,543 .09.

n. 354 violations at mines operated by Pay Car Mining Inc, MSHA
proposed civil penalties that become ?nal orders of in the principal amount of
not less than $663,669.70.

0. 4 violations at mines operated by Premium Coal Company Inc, MSHA
proposed civil penalties that become ?nal orders of in the principal amount of
not less than $455.86.

p. 45 violations at mines operated by Tams Management Inc, MSHA
proposed civil penalties that become ?nal orders of in the principal amount of

not less than $31,419.69.

4
Case Document 1-2 Filed 05/07/19 Page 5 of 24 Pageid#: 18

q. 10 Vi01ations at mines operated by Virginia Fuels Corporation, MSHA
proposed civil penalties that become ?nal orders of in the principal amount of
not less than $3,981.56.

4. All the Violations and penalties referred to in 3 became ?nal orders within the
meaning of?? 105(a) ofthe Mine Act. 30 U.S.C. 815(a) 

5. The amounts described in ?11 3 are past due and owing to the United States and
have not been paid.

6. Statutory pre?j udgment interest has accrued on the amounts described in 3 in
the amount of not less than $1,561,747.40 for no less than 806 Violations as of April 30,
2019.

7. The Violations and amounts described above are in addition to those that have

been referred to the Department of Treasury for collection.

I declare under penalty of perjury that the foregoing is true and correct to the best of my

knowledge.

rd
Executed in Arlington, DATED this I 3 day of May, 2019


THOMAS CHARBONEAU

Director
Of?ce of Assessments
Mine Safety and Health Administration

5
Case Document 1-2 Filed 05/07/19 Page 6 of 24 Pageid#: 19

Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 7 of 24 Pageid#: 20

P21141
0132995
0129130
P02030
0118409
0053059
0083104
0089765
0051938
0059863
P18954
0099325
0095328
0074803
P02174
0108546
0112288

Violator ID

A & G Coal Cor oration
Band Coal LLC
Black River Coal LLC
Bluestone Coal Cor oration
Chestnut Land Holdin s LLC
Double Bonus Coal Com an
Frontier Coal Com an Inc
Jusfice Ener Compan Inc
Justice Hi hwall Minin Inc
Kentuck Fuel Cor oration
Ke stone Service Industries Inc
Nine Mile Minin Inc
Nufac Minin Compan Inc
Pa Car Minin Inc
Premium Coaf Compan Inc
Tams Mana ement Inc
Vir inia Fuels Corporation
Totals

Violator Name
Number of
Number of
Cases
Violations
14
118
1
3
1
11
1
10
2
2
1
19
3
39
5
36
4
16
6
12
4
7
7
9
111
13
12
354
2
4
12
45
7
10
95 Cases
806 Violations
$544,532.97
$407.00
$86,041.00
$2,167.00
$411.53
$97,103.00
$11,684.31
$14,561.15
$4,075.42
$63,378.42
$849.92
$11,465.78
$25,543.09
$663,669.70
$455.86
$31,419.69
$3,981.56
$1,561,747.40

Total of Owed

Jiilean Justice (Controller ID: 0091855)&James Justice(Controller ID: 004355) MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 8 of 24 Pageid#: 21

000399126
000422235
000428879
000431971
000433849
000438545
000441115
000443396
000484998
000346270
000346286
000352768
000353549
000353996

Violator Name

P21141 A & G Coal Cor oration
P21141 A & G Coal Cor oration
P21141 A 8~ G Coal Cor oration
P21141 A & G Coal Co oration
P21141 A & G Coal Cor oration
P21141 A & G Coal Corporation
P21141 A & G Coal Corporation
P21141 A & G Coal Cor oration
P21141 A & G Coal Corporation
P21141 A&G Coal Cor oration
P21141 A&G Coal Cor oration
P21141 A&G Coal Corporation
P21141 A&G Coal Corporation
P21141 A&G Coal Corporation
Totals

Assessment Violator
~p
Case Number
4407160
4406992
4406992
4406992
4406992
4406992
4407228
4407228
4407160
4404534
4404534
4404534
4404534
4404534
4 Mines

Mine ID
000399126
000422235
000428879
000431971
000433849
000438545
000441115
000443396
000484998
000346270
000346286
000352768
000353549
000353996
14 Cases

Assessment
Case Number

Count of
Violation Na
(Assessed).
7
19
19
3
5
3
3
2
1
2
4
1
47
2
118 Violations
$82,234.00
$60,893.00
$89,094,46
$22,813.00
$6,646.00
$40,251.00
$368.63
$235.04
$270.00
$8,952.57
$30,694.56
$9,941.35
$138,466.86
$53,672.50
$544,532.97

Sum of Owed

Jillean Justice (Controller ID: 0091855)~ James Justice(Controller ID: C04355)MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 9 of 24 Pageid#: 22

000367941

Assessment Case
Number
Violator Name

0132995 Band CoaI,LLC
Totals

Violator
~p

Assessme Count of
nt Case Violation No
Number (Assessed).
4406859 000367941
3
1 Mine
1 Case
3 Violations
Mine ID
$407.00
X407.00

Sum of Owed

Jillean Justice (Controller ID: 0091855)&James Justice(Controller ID: C04355)MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 10 of 24 Pageid#: 23

Assessment
Case
Violator ID
Violator Name
Number
000389543 0121130
Black River Coai, LLC
Totals
Assessment
Count of
Case
Violation No
Number
(Assessed).
4406859 000389543
11
1 Mine
1 Case
11 Violations
Mine ID
$86,041.00
$86,041.00

Sum of Owed

Jiliean Justice(Controller ID: 0091855)~ James Justice (Controller ID: C04355)MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 11 of 24 Pageid#: 24

Assessment
Violator
Case
~p
Violator Name
Number
000486935 P02030
Bluestone Coal Corporation
Totals
Assessment
Count of
Violation No
Case
Number
Assessed .
4603404 000486935
10
1 Mine
1 Case
10 Violations
Mine ID
$2,167.00
$2,167.00

Sum of Owed

Jillean Justice(Controller ID: 0091855 &James Justice (Controller iD: C04355) MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 12 of 24 Pageid#: 25

Assessment
Case
Violator ID
Violator Name
Number
000441545 0118409
Chestnut Land Holdin s, LLC
000481760 0118409
Chestnut Land Holdin s, LLC
Totals
4602380
4602380
1 Mine

Mine ID

Count of
Assessment
Violation No
Case Number
(Assessed).
000441545
1
1
000481760
2 Violations
2 Cases
$117.53
$294.00
$411.53

Sum of Owed

Jillean Justice(ControNer ID: 0091855)8~ James Justice(Controller ID: C04355) MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 13 of 24 Pageid#: 26

Assessment
Violator
Case
~p
Violator Name
Number
000334457 0053059 Double Bonus Coal Compan
Total

Assessment Count of
Violation No
Case
Number (Assessed).
4609020 000334457
19
1 Mine
1 Case
19 Violations
Mine ID
$97,103.00
$97,103.00

Sum of Owed

Jillean Justice(Controller ID: 0091855)&James Justice (Controller ID: C04355)MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 14 of 24 Pageid#: 27

000439719 0083104
000444491 0083104
000484065 0083104

Violator Name

Frontier Coal Compan ,Inc.
Frontier Coal Com an ,Inc.
Frontier Coal Compan ,Inc.
Totals

Assessment
Violator ID
Case Number

Assessment
Count of
Case
Violation No
Number
(Assessed).
4609227 000439719
36
4609227 000444491
2
4609227 000484065
1
1 Mine
3 Cases 39 Violations
Mine ID
$11,077.31
$472.00
$135.00
$11,684.31

Sum of Owed

Jiilean Justice(Controller ID: 0091855)&James Justice (Controller ID: C04355)AASHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 15 of 24 Pageid#: 28

Assessment
Violator iD
Case
Number
000468428 0089765
000472562 0089765
000478875 0089765
000484558 0089765
000486477 0089765

Justice Ener
Justice Ener
Justice Ener
Justice Ener
Justice Ener
Totals

Com an
Compan
Com an
Compan
Compan

Violator Name
Inc
Inc
Inc
Inc
Inc

4606578
4606578
46Q6578
4606578
4606578
1 Mine

Mine ID

Count of
Assessment
Violation No
Case Number
(Assessed).
000468428
9
000472562
1
000478875
13
000484558
1
000486477
12
5 Cases
36 Violations
$2,137.00
$118.00
$3,807.15
$121.00
$8,378.00
$14,561.15

Sum of Owed

Jiliean Justice (Controller ID: 0091855)~ James Justice (Controller ID: C04355) MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 16 of 24 Pageid#: 29

000479251
000483611
000485010
000487182

0051938
0051938
0051938
0051938

Assessment Violator
Case Number
ID

Justice Hi
Justice Hi
Justice Hi
Justice Hi
Totals

hwafl Minin
hwall Minin
hwall Minin
hwall Minin

Violator Name
Inc.
Inc.
Inc.
Inc.
4609239
4609239
4609239
4609239
1 Mine

Mine ID

Assessment
Count of
Case
Violation No
Number
(Assessed).
000479251
2
000483611
2
000485010
5
000487182
7
4 Cases 16 Violations
$241.42
$392.00
$1,118.00
$2,324.00
$4,075.42

Sum of Owed

Jillean Justice(Controller ID: 0091855)8~ James Justice (Controller ID: C04355)MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 17 of 24 Pageid#: 30

Assessment
Case
Number
000379788
000445918
000479535
000481461
000481463
000485055

0059863
0059863
0059863
0059863
0059863
0059863

Violator
~p

Kentuck
Kentuck
Kentuck
Kentuck
Kentuck
Kentuck
Totals
Fuel Cor
Fuel Cor
Fuel Cor
Fuel Cor
Fuel Cor
Fuel Cor

oration
oration
oration
oration
oration
oration

Violator Name
1519758
1513254
1517021
1517021
1517894
1517021
4 Mines

Mine ID

Assessment
Count of
Case
Violation No Sum of Owed
Number
Assessed .
000379788
2
$62,175.42
000445918
3
$348.00
000479535
1
$133.70
000481461
1
$118.65
000481463
1
$118.65
000485055
4
$484.00
6 Cases 12 Violations
$63,378.42

Jillean Justice (Controller ID: 0091855)8~ James Justice (Controller ID: C04355) MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 18 of 24 Pageid#: 31

Assessment
Case
Number
000441119
000473125
000483596
000485003

P18954
P18954
P18954
P18954

Violator
~p

Ke stone Service Industries, Inc.
Ke stone Service Industries, Inc.
Ke stone Service Industries, Inc.
Ke stone Service Industries, Inc.
Totals

Violator Name
4603444
4603444
4603444
4603444
1 Mine

Mine ID

Assessment Count of
Case
Violation No
Number
(Assessed).
000441119
2
000473125
2
000483596
1
000485003
2
4 Cases 7 Violations
$236.92
$236.00
$135.00
$242.00
$849.92

Sum of Owed

Jillean Justice(Controller ID: 0091855)~ James Justice(Controller ID: C04355) MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 19 of 24 Pageid#: 32

Assessment
Violator ID
Case
Violator Name
Number
000321500 0099325
Nine Mike Minin ,Inc.
000332225 0099325
Nine Mile Minin ,Inc.
000336003 0099325
Nine Mile Minin ,Inc.
000347822 0099325
Nine Mile Minin ,Inc.
000371713 0099325
Nine Mile Minin ,Inc.
000478868 0099325
Nine Mile Minin ,Inc.
000484549 0099325
Nine Mile Minin ,Inc.
Totals
Assessment
Case Number
000321500
000332225
000336003
000347822
000371713
000478868
000484549
7 Cases

Mine ID
4407252
4407252
4407252
4407252
4407252
4407252
4407252
1 Mine

Count of
Violation No
(Assessed).
1
3
1
1
1
1
1
9 Violations
$6,627.21
$1,507.47
$2,756.81
$177.26
$156.65
$119.38
$121.00
$11,465.78

Sum of Owed

Jillean Justice (Controller ID: 0091855)8~ James Justice (Controller ID: C04355) MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 20 of 24 Pageid#: 33

Assessment
Case
Number
000477459
000481243
000482941
000486952
000454366
000456604
000472962
000477447
000479242
000482934
000484891
000486942
000440464

0095328
0095328
0095328
0095328
0095328
0095328
0095328
0095328
0095328
0095328
0095328
0095328
0095328

Violator
~p

Nufac Minin
Nufac Minin
Nufac Minin
Nufac Minin
Nufac Minin
Nufac Minin
Nufac Minin
Nufac Minin
Nufac Minin
Nu#ac Minin
Nufac Minin
Nufac Minin
Nufac Minin
Totals

Com an
Com an
Compan
Compan
Com an
Com an
Com an
Compan
Compan
Com an
Compan
Com an
Com an

Violator Name
Inc
Inc
Inc
Inc
,Inc
,Inc
,Inc
,Inc
,Inc
, InE
,Inc
,Inc
,Inc
4609316
4609316
4609316
4609316
4608786
4608786
4608786
4608786
4608786
4608786
4608786
4608786
4608769
3 Mines

Mine ID

Assessment
Count of
Case
Violation No
Number
(Assessed).
1
000477459
000481243
1
000482941
2
000486952
1
000454366
30
000456604
25
000472962
5
000477447
4
000479242
13
000482934
2
000484891
12
000486942
14
000440464
1
13 Cases 111 Violations
$118.00
$250.00
$242.00
$121.00
$257.82
$6,738.00
$1,458.00
$472.00
$1,568.45
$242.00
$3,223.00
$10,694.00
$158.82
$25,543.09

Sum of Owed

Jillean Justice(Controller ID: 0091855)8~ James Justice(Controller ID: C04355)MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 21 of 24 Pageid#: 34

Assessment
Case
Violator fD
Number
000291172 0074803
Pa
000440180 0074803
Pa
000444989 0074803 Pa
000459785 0074803
Pa
000470446 0074803
Pa
000472376 0074803
Pa
000474594 0074803
Pa
000476873 0074803
Pa
000478672 0074803
Pa
000482529 0074803
Pa
000484392 0074803
Pa
000486293 0074803
Pa
Totals
4608884
4609389
4608884
4608884
4608884
4608884
4608884
4608884
4608884
4608884
4608884
4608884
2 Mines

Car Minin
Car Minin
Car Minin
Car Minin
Car Minin
Car Minin
Car Minin
Car Minin
Car Minin
Car Minin
Car Minin
Car Minin
Inc
Inc
Inc
Inc
Inc
Inc
Inc
Inc
Inc
Inc
Inc
Inc

Mine ID

Violator Name
000291172
000440180
000444989
000459785
000474446
000472376
000474594
000476873
000478672
000482529
000484392
000486293
12 Cases

Assessment
Case Number

Count of
Violation No
(Assessed).
5
1
5
9
4
17
69
9
93
63
46
33
354 Violations
$37,359.99
$156.79
$955.00
$2,154.00
$1,348.00
$48,226.00
$103,409.04
$22,037.88
$204,555.00
$106,094.00
$83,549.00
$53,825.00
$663,669.70

Sum of Owed

Jiilean Justice (Controller ID: 0091855)&James Justice (Controller ID: C04355) MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 22 of 24 Pageid#: 35

Assessment
Case
Violator ID
Violator Name
Number
000366443 P02174
Premium Coal Com an Inc
000479012 P02174
Premium Coal Compan Inc
Totals
Assessment
Count of
Case
Violation No
Number
(Assessed).
4002467 000366443
1
4002467 000479012
3
1 Mine
2 Cases 4 Violations
Mine ID
$100.00
$355.86
$455.86

Sum of Owed

Jillean Justice (Controller ID: 0091855)&James Justice (Controller ID: C04355) MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 23 of 24 Pageid#: 36

Assessment
Case
Number
000321510
000329653
000336016
000338777
000341183
000394454
000426361
000440886
000443210
000445593
000445598
000487353

0108546
0108546
0108546
0108546
0108546
0108546
0108546
0108546
0108546
0108546
0108546
0108546
ement, Inc
ement, Inc
ement, Inc
ement, Inc
ement, inc
ement, Inc
ement, Inc
ement, Inc
ement, Inc
ement, Inc
ement, Inc
ement, Inc

Violator Name

Tams Mana
Tams Mana
Tams Mana
Tams Mana
Tams Mana
Tams Mana
Tams Mana
Tams Mana
Tams Mana
Tams Mana
Tams Mana
Tams Mana
Totals

Violator ID
4608716
4608716
4608716
4608716
4608716
4608716
4608716
4604734
4604734
4604734
4608716
4604734
2 Mines

Mine ID

Assessment
Count of
Case
Violation No
Number
(Assessed).
000321510
7
000329653
2
000336016
4
000338777
3
000341183
2
000394454
8
000426361
13
000440886
1
000443210
1
1
000445593
000445598
1
000487353
2
12 Cases 45 Violations
$6,680.15
$5,216.26
$1,082.53
$3,176.53
$2,192.57
$4,640.20
$1,809.40
$117.53
$117.52
$116.00
$6,029.00
$242.00
$31,419.69

Sum of Owed

Jillean Justice (Controller ID: 0091855)&James Justice(Controller ID: C04355) MSHA Debt

 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 24 of 24 Pageid#: 37

000384180
000405561
000445831
000366459
000399119
000445821
000445830

0112288
0112288
0112288
0112288
0112288
0112288
0112288

Violator Name

Vir inia Fuels Cor oration
Vir inia Fuels Corporation
Vir inia Fuels Cor oration
Vir inia Fuels Corporation
Vir inia Fuels Cor oration
Vir inia Fuels Corporation
Vir inia Fuels Cor ration
Totals

Assessment Violator
~p
Case Number
4406947
4407275
4407275
4406230
4406230
4406230
4407253
4 Mines

Mine ID

Count of
Assessment
Violation No
Case Number
(Assessed).
1
000384180
000405561
1
000445831
1
1
000366459
000399119
2
000445821
1
000445830
3
7 Cases 10 Violations
$686.91
$103.95
$116.00
$224.00
$212.70
$116.00
$2,522.00
$3,981.56

Sum of Owed

Jillean Justice (Controller iD: 0091855)&James Justice (Controller ID: C04355) MSHA Debt

 CIVIL COVER SHEET

JS 44 (Rev. 06/17)

7:19cv354

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Krista Frith
United States Attorneys Office
310 1st St. Rm 906, Roanoke, VA 24011

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
u 1

U.S. Government
Plaintiff

u 3

Federal Question
(U.S. Government Not a Party)

u 2

U.S. Government
Defendant

u 4

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
u 1

DEF
u 1

Citizen of Another State

u 2

u

2

Incorporated and Principal Place
of Business In Another State

u 5

u 5

Citizen or Subject of a
Foreign Country

u 3

u

3

Foreign Nation

u 6

u 6

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT
u
u
u
u
u
u
u
u
u
u
u
u

u
u
u
u
u
u
u
u
u
u

u
u
u
u
u
u

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

u
u
u
u
u
u
u

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
u 4
u 4
of Business In This State

Click here for: Nature of Suit Code Descriptions.

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

Roanoke

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

FORFEITURE/PENALTY

PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
u 463 Alien Detainee
u 510 Motions to Vacate
Sentence
u 530 General
u 535 Death Penalty
Other:
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement

u 625 Drug Related Seizure
of Property 21 USC 881
u 690 Other

LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Management
Relations
u 740 Railway Labor Act
u 751 Family and Medical
Leave Act
u 790 Other Labor Litigation
u 791 Employee Retirement
Income Security Act

BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 835 Patent - Abbreviated
New Drug Application
u 840 Trademark
SOCIAL SECURITY
u 861 HIA (1395ff)
u 862 Black Lung (923)
u 863 DIWC/DIWW (405(g))
u 864 SSID Title XVI
u 865 RSI (405(g))

FEDERAL TAX SUITS
u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRS—Third Party
26 USC 7609

IMMIGRATION
u 462 Naturalization Application
u 465 Other Immigration
Actions

OTHER STATUTES
u 375 False Claims Act
u 376 Qui Tam (31 USC
3729(a))
u 400 State Reapportionment
u 410 Antitrust
u 430 Banks and Banking
u 450 Commerce
u 460 Deportation
u 470 Racketeer Influenced and
Corrupt Organizations
u 480 Consumer Credit
u 490 Cable/Sat TV
u 850 Securities/Commodities/
Exchange
u 890 Other Statutory Actions
u 891 Agricultural Acts
u 893 Environmental Matters
u 895 Freedom of Information
Act
u 896 Arbitration
u 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
u 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)
u 1 Original
Proceeding

u 2 Removed from
State Court

u 3

Remanded from
Appellate Court

u 4 Reinstated or
Reopened

u 5 Transferred from
Another District

u 6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

u 8 Multidistrict
Litigation Direct File

30 U.S.C. 801 and 28 U.S.C. 3001

VI. CAUSE OF ACTION Brief description of cause:

Suit to enforce collection of civil penalties and interest against the defendants for failure to pay Mine Act violations.

u CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

DEMAND $

4,776,370.40

CHECK YES only if demanded in complaint:
u Yes
u No
JURY DEMAND:
DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/Krista Consiglio Frith

05/07/2019
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT
APPLYING IFP 1-3 Filed 05/07/19
JUDGE Conrad
JUDGE
Case 7:19-cv-00354-GEC
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