IN THE CIRCUIT COURTOF RALEIGH COUNTY, WEST VIRGINIA ROBERTHUDSONM Lam! -, tg- 1,:3 Plaintiff, .4 %5 A Civil Action No. i Mrf/ POCAHONTAS COAL COMPANY, LLC and UNITED COAL COMPANY, LLC d/b/a METINVEST, Defendants. 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 be paid a ?Loyalty Reward Plan?. This ?Loyalty Reward Plan? induced the Plaintiff remain employed 6. The ?Loyalty Reward Plan? was guaranteed and was speci?c ally outlined in the Plaintiffs paystubs. 7. Defendants Pocahontas Coal Company, LLC and United Coal Company, LLC d/b/a Metinvest were responsible was responsible for administering the aforementioned ?Loyalty Reward Plan?. 8. The Plaintiffs employment with the Defendants has ended. 9. At the time of his cessation from employment, the Plaintiff w: the ?Loyalty Reward Plan? program. 10. To date, the Defendants have not paid the ?Loyalty Reward P1 11. The ?Loyalty Reward Plan? owed to the Plaintiff constitutes fringe bene?t under the West Virginia Wage Payment and Collection Act, (hereinafter 12. The acts of the Defendants as aforesaid constituted a Violation 13. Further, a speci?c term of the contract of employment fc Defendants was that the Plaintiff was to be paid the ?Loyalty Reward Plan? 14. The Defendants have breached the terms of that employment to pay the ?Loyalty Reward Plan? bonus. 15. Plaintiff has been denied the bene?t of monies owed to him and earned, incu been annoyed and aggravated and otherwise been harmed. WHEREFORE, the Plaintiff demands judgment against the Defe severely for the following: a. Declaratory judgment that the Defendants conduct Viol. b. Declaratory judgment that the ?Loyalty Reward Plan? i fringe bene?t as de?ned by the c. All monies owed to the Plaintiff under the ?Loyalty Rei d. All liquidated damaged and other damages allowed und Law, particularly the e. Court costs and attorney fees and such and other relief a appropriate. As a direct and proximate result of the acts of the Defendar is due monies under an? to the Plaintiff. wages due and/or a .Va. Code 21-5-1. of the ?r the Plaintiff and onus. contract by refusing as aforesaid, the med fees and costs, ndants jointly and ates the a wage and/or ward Plan program. ler West Virginia is the Court deems WV PLAINTIFF By Counsel Greg A. Hewitt (WV Bar #1 7457 Hewitt Salvatore, 204 N. Court Street Fayetteville, WV 25840 (304) 574-0272 And J.C. Powell (WV Bar #2957) Powell Majestro, PLLC P.O. Box 3081 Charleston, WV 25301 (304) 346-2889 SUMMONS IN THE CIRCUIT COURT OF RALEIGH COUNTY, WEST IRGINIA ROBERT HUDSON, Plaintiff, V- Civil Action No. 6" 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 75% I ~11 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 defens complaint ?led against you in the above?styled civil action, a true copy of which is You are required to serve your written answer with the Clerk of this Court, and wit served upon plaintiff's attorney within THIRTY (30) days after service of th exclusive of the day of service. If you fail to do so, judgment by default will be t: relief demanded in the complaint and you will be thereafter barred from assertin claim you may have which must be asserted by counterclaim in the above-styled ci Dated: m??M7 ?yb/ fax/.21 .9 Clerk you may have, to the hereby delivered to you. a copy of said answer is summons upon you, iken against you for the in another action any vil action. I?Court SUMMONS IN THE CIRCUIT COURT OF RALEIGH COUNTY, WEST VIRGINIA ROBERT HUDSON, Plaintiff, V- Civil Action No. 6 POCAHONTAS COAL COMPANY, LLC and UNITED COAL COMPANY, LLC d/b/a - 7 METINVEST, g: Defendantsthe 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 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 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 asserting in another action any claim you may have which must be asserted by counterclaim in the above?styled civil action. Dated: All! 9950/ ace/C21 9W Clerk oa?jCourt CIVIL CASE INFORMATION STATEMENT CIVIL CASES In the Circuit Court of Raleigh County, West Virginia I. CASE STYLE Plaintiffs: Robert Hudson, V. Defendants: Pocahontas Coal Company, LLC United Coal Company, LLC d/b/a Metinvest Original and copies of COMPLAINT furnished herewith. Case JUDGE Days to Answer 1.. Wife Whig/V Type of Service Secretary of State Secretary of State Robert Hudson 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 I Contract El Petition for Modi?cation of Magistrate Sentence Personal Injury El Real Property El Miscellaneous Civil El Product Liability El Mental Health Other Other Tort El Appeal of Administrative Agency JURY DEMAND: Yes El 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 CI YES El NO IF YES, PLEASE SPECIFY: El Wheelchair accessible hearing room and other facilities El Interpreter or other auxiliary aid for the hearing impaired El Reader or other auxiliary aid for the visually impaired El Spokesperson or other auxiliary aid for the speech impaired El Other: Attorney Name: Representing: Firm: HEWITT SAL VA ORE, PLLC El Defendant ram-Defendant Address: 204 N. COURTST, FA WV25840 Telephone: (304) 574-0272