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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

JAMES E. GRAHAM DENNIS 

ROGER AND DAVID B. 
On behalf of themselves and

Others similarly situated; and

UNITED MINE WORKERS OF AMERICA,

INTERNATIONAL UNION

Plaintiffs,
V. Civil Action No. 1:19-cv-00597
JUSTICE ENERGY CO. 
KEYSTONE SERVICE INDUSTRIES, INC.
BLUESTONE COAL 
DOUBLE-BONUS COAL and
SOUTHERN COAL CORPORATION,

Defendants.

 

CONSENT ORDER

 

Plaintiffs James E. Graham Dennis Adkins; Roger Wriston; David B. Polk, on behalf
of themselves and others similarly situated; and the United Mine Workers of America,
International Union (?Plaintiffs?) and Defendants Justice Energy Co. Inc.; Keystone Service
Industries, Inc., Bluestone Coal Corporation; Double-Bonus Coal Co.; and Southern Coal
Corporation (?Defendants?), have reached an agreement to resolve Plaintiff?s Motion for
Preliminary Injunction (Doc. No. 12). Pursuant to that agreement, the parties agree to be bound
as follows:

1.) Defendants will comply with the National Bituminous Coal Wage Agreement of 2016

(?2016 and the Defendants? related, individual Memoranda of Understanding

with the United Mine Workers of America In particular, Defendants Will

comply with the requirements of Article XX of the 2016 NBCWA (and related portions

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of the MOUs) which require Defendants to provide uninterrupted healthcare and
prescription drug coverage to eligible retirees and their eligible dependents. Defendants
will not terminate or modify retiree healthcare and prescription drug coverage in a
manner inconsistent with the 2016 NBCWA or the MOUs.

2.) Defendants will submit to the Third-Party Administrator the Plaintiffs? healthcare and
prescription drug bills they contend are unpaid and eligible for payment under the terms
of the applicable Plan Document, Summary Plan Description and related documents. The
Defendants agree to pay any covered claims that are unpaid, consistent with the
coverages and terms provided in the Health Plan and the MOUs. To facilitate that
review, on or before January 22, 2020 Defendants will issue a letter to all bene?ciaries
asking them to submit any unpaid bills as set forth in the letter by March 2, 2020. A
copy of that letter is included With the parties? submission as Attachment 1. The UMWA
will provide any unpaid bills, invoices, or collection notices that are currently in its
possession by January 24, 2020 and later as it receives them. Defendants will review
and pay any outstanding covered medical and prescription drug bills, consistent with the
coverages and terms provided in the Health Plan. This payment, if any, will be made by
March 20, 2020. Defendants will provide to the UMWA an accounting of all claims
paid or rejected by the Third-Party Administrator (and the basis for such rejection) by
March 27, 2020. Parties will provide an update to the Court on the status of this case by
April 3, 2020.

This agreement does not constitute an admission by any party and is an agreement among

the parties to resolve Plaintiffs? Motion for Preliminary Injunction Without Court intervention.

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Finally, this agreement does not affect any party?s right to assert any claim or defense raised in
any pending motion or which can or will be raised in the underlying litigation.

The parties? request for a Consent Order is hereby GRANTED. As a result of this Order,
the hearing on Plaintiff? Motion for Preliminary Injunction scheduled for January 22, 2020 in
Blue?eld, West Virginia is hereby CANCELLED.

IT IS so ORDERED this 21? day of January 2020

ENTER:

(133?me

David A. Faber
Senior United States District Judge

 

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for Defendants

Hac Vice

for Plaintiffs