IN THE CIRCUIT COURT OF RALEIGH COUNTY, WEST VIRGINIA KENNETH MULLINS, Plaintiff, i v. Civil Action No. 1 I POCAHONTAS COAL COMPANY, LLC . j_i_ and UNITED COAL COMPANY, LLC d/b/a METINVEST, . .1 Defendants. i j; . i C23 COMPLAINT . 1. The above named Plaintiff is a resident of the State of West Virginia and was at one time was employed by the above named Defendants 2. Defendant Pocahontas Coal Company, LLC, is a corporation doing business in Raleigh County, West Virginia at all times relevant herein. 3. Defendant United Coal Company, LLC d/b/a Metinvest, is a corporation doing business in Raleigh County, West Virginia at all times relevant herein. 4. Plaintiff until recently was an employee of the Defendants. 5. As part of the terms of employment, the Plaintiff was to beipaid a ?Loyalty Reward Plan?. This ?Loyalty Reward Plan? induced the Plaintiff remain employed 6. The ?Loyalty Reward Plan? was guaranteed and was speci?cally outlined in the Plaintiff?s paystubs. 7. Defendants Pocahontas Coal Company, LLC and United Coal Company, LLC d/b/a Metinvest were responsible was responsible for administering the aforemdntioned ?Loyalty Reward Plan?. 8. The Plaintiff 3 employment with the Defendants has ended. 9. At the time of his cessation from employment, the Plaintiff was due monies under the ?Loyalty Reward Plan? program. 10. To date, the Defendants have not paid the ?Loyalty Reward Plan" to the Plaintiff. 11. The ?Loyalty Reward Plan? owed to the Plaintiff constitutes wages due and/or a fringe bene?t under the West Virginia Wage Payment and Collection Act, Code 21-5-1. (hereinafter 12. The acts of the Defendants as aforesaid constituted a violation of the 13. Further, a speci?c term of the contract of employment for the Plaintiff and Defendants was that the Plaintiff was to be paid the ?Loyalty Reward Plan? bonus. 14. The Defendants have breached the terms of that employment contract by refusing to pay the ?Loyalty Reward Plan? bonus. 15. As a direct and proximate result of the acts of the Defendantsas aforesaid, the Plaintiff has been denied the bene?t of monies owed to him and earned, incurred fees and costs, been annoyed and aggravated and otherwise been harmed. WHEREFORE, the Plaintiff demands judgment against the Defendants jointly and severely for the following: a. Declaratory judgment that the Defendants conduct violatels the b. Declaratory judgment that the ?Loyalty Reward Plan? is a wage and/or fringe bene?t as de?ned by the c. All monies owed to the Plaintiff under the ?Loyalty Reward Plan program. (1. All liquidated damaged and other damages allowed underl West Virginia Law, particularly the e. Court costs and attorney fees and such and other relief as the Court deems appropriate. EWNRLAINTIFF By Counsel Greg A. Hewitt (WV Bar 74 Hewitt Salvatore, 204 N. Court Street Fayetteville, WV 2584 (304) 574?0272 And J.C. Powell (WV Bar #2957) Powell Majestro, PLLC P.O. Box 3081 Charleston, WV 25301 (304) 346-2889 CIVIL CASE INFORMATION STATEMENT CIVIL CASES In the Circuit Court of Raleigh County, West Virginia 1. CASE STYLE Plaintiffs: Kenneth Mullins, V. Defendants: Pocahontas Coal Company, LLC United Coal Company, LLC d/b/a Metinvest Original and copies of COMPLAINT furnished herewith. JUDGE Case# 15C A Days to Answer 30 30 Type of ervice Secretary of State Secretary of State f} L) PLAIN TIF (S): Kenneth Mullins CIVIL ACTION NO. Pocahontas Coal Company, LLC and United Coal Company, LLC d/b/a Metinvest II. TYPE OF CASE: TORTS CIVIL OTHER El Asbestos El Adoption El Appeal from Magistrate Ct El Professional Malpractice El Contract El Petition for Modi?cation of El Personal Injury El Real Property Magistrate Sentence Miscellaneous Civil El Product Liability Cl Mental Health Other Other Tort El Appeal of Administrative Agency JURY DEMAND: Yes No CASE WILL BE READY FOR TRIAL BY April 2015 IV. DO YOU OR ANY OF YOUR CLIENTS OR WITNESSES IN THIS CASE REQUIRE SPECIAL ACCOMMODATIONS DUE TO A DISABILITY OR Cl YES NO IF YES, PLEASE SPECIFY: El Wheelchair accessible hearing room and other facilities Interpreter or other auxiliary aid for the hearing impaired Reader or other auxiliary aid for the visually impaired El Spokesperson or other auxiliary aid for the speech impaired El Other: Attorney Name: Firm: HEWITT SAL VA TORE, PLLC Address: 204 N. COURTST, FA YETTEVILLE, WV 25840 Telephone: (3 04) 5 74-02 72 Representing: Plaintiff El Cross-Complainant Defenda Cros Defendant Dated: July 15, 2014 Signature SUMMONS IN THE CIRCUIT COURT OF RALEIGH COUNTY, WEST VIRGINIA KENNETH MULLINS, Plaintiff, V- Civil Action No. 5" 'll? 7? POCAHONTAS COAL COMPANY, LLC and UNITED COAL COMPANY, LLC d/b/a METINVEST, Defendants. To the above-named Defendant: POCAHONTAS COAL COMPANY, LLC c/o CT Corporation System 5400 Big Tyler Road Charleston, WV 25313 IN THE NAME OF THE STATE OF WEST VIRGINIA: You are hereby summoned and required to serve upon Greg A. Hewitt, plaintiff's attorney, whose address is 204 NORTH ST., FAYETTEVILLE, WEST VIRGINIA 25840, an answer, including any related counterclaim or defenseyou may have, to the complaint ?led against you in the above-styled civil action, a true copy of which is hereby delivered to you. You are required to serve your written answer with the Clerk of this Court, and with; a copy of said answer served upon plaintiff's attorney within THIRTY (30) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint and you will be thereafter barred from assertinglin another action any claim you may have which must be asserted by counterclaim 1n the above- -styled civil action Dated: 3 S?l 3 Clerk-1 of Court ?15 SUMMONS IN THE CIRCUIT COURT OF RALEIGH COUNTY, WEST VIRGINIA KENNETH MULLINS, Plaintiff, v. Civil Action No. I 5 (.0 POCAHONTAS COAL COMPANY, LLC and UNITED COAL COMPANY, LLC d/b/a METINVEST, Defendants. TO the above-named Defendant: UNITED COAL COMPANY, LLC d/b/a METINVEST c/o CT Corporation System 5400 Big Tyler Road Charleston, WV 25313 IN THE NAME OF THE STATE OF WEST VIRGINIA: You are hereby summoned and required to serve upon Greg A. Hewitt, plaintiff?s attorney, whose address is 204 NORTH COURT ST., FAYETTEVILLE, WEST VIRGINIA 25840, an answer, including any related counterclaim or defense you may have, to the complaint ?led against you in the above-styled civil action, a true copy Of which is hereby delivered to you. You are required to serve your written answer with the Clerk of this Court, and withia copy of said answer served upon plaintiff's attorney within THIRTY (30) days after service Of thisi summons upon you, exclusive Of the day of service. If you fail tO dO so, judgment by default will be taken against you for the relief demanded 1n the complaint and you will be thereafter barred from asserting in another action any claim you may have which must be asserted by counterclaim 1n the above? styled civil action Dated 3 ?5 I Clerk of Court ?fji