Bluestone Coal Corporation v. CNX Land Resources, Inc. et al, No. 1:2007cv00549 - Document 232 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND ORDER terminating 92 Defendants' MOTION to Compel the Deposition Testimony of Tom D. Lusk and Stephen W. Ball; terminating 130 Defendants' MOTION for Leave to Take Immediate Discovery of Certain Records Held by Co mcast; vacating the referral to Magistrate Judge VanDervort and denying without prejudice 132 Plaintiff's MOTION to Quash Subpoena Duces Tecum; vacating the referral to Magistrate Judge VanDervort and denying without prejudice 179 Defendants ' MOTION for Leave to File a Supplemental Memorandum in Opposition to Plaintiff's Motion to Quash Subpoena Duces Tecum; vacating the referral to Magistrate Judge VanDervort and denying as moot 160 Defendants' MOTION to Exclude Certai n Deposition Testimony and 160 Defendants' MOTION to Strike Certain Deposition Testimony from 136 Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment; vacating the referral to Magistrate Judge VanDervort of 168 Defendants' Amended Motion to Exclude Certain Deposition Testimony; terminating 180 Defendants' MOTION for Extension of Time to File Expert Witness Disclosures; granting 137 Plaintiff's MOTION to Exceed Page Limit; granti ng 145 Plaintiff's MOTION for Leave to File Surreply; granting 194 Defendants' MOTION for Leave to File Supplemental Memorandum in Support of Motion to Continue; granting 224 Defendants' MOTION for Leave to File Another Supplemen tal Memorandum in Support of Their Motion to Continue and reinstating 61 Defendants' Motion for Summary Judgment and all responses and replies thereto to the active docket. Signed by Senior Judge David A. Faber on 6/23/2009. (cc: counsel of record and Magistrate Judge VanDervort) (arb)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD BLUESTONE COAL CORPORATION, Plaintiff, v. CIVIL ACTION NO. 1:07-00549 CNX LAND RESOURCES, INC., and CONSOL ENERGY, INC., Defendants. MEMORANDUM OPINION AND ORDER On June 22, 2009, the court held a status conference in this matter. For reasons appearing to the court and as discussed more fully at the hearing, the court hereby ORDERS as follows: 1. Defendants informed the court that their motion to compel the deposition testimony of Tom D. Lusk and Stephen W. Ball (doc. # 92) was withdrawn. Accordingly, the Clerk is directed to terminate the motion. 2. Defendants informed the court that their motion for leave to take immediate discovery of certain records held by Comcast (doc. # 130) was withdrawn. The Clerk is directed to terminate the motion. 3. Based upon the representation of plaintiff's counsel regarding efforts made to locate materials responsive to the subpoena and written representations to that effect being a part of the record, the court VACATES the referral to Magistrate Judge VanDervort of plaintiff's motion to quash subpoena duces tecum (doc. # 132). The motion is DENIED without prejudice. 4. Based upon the court's denial of plaintiff's motion to quash, the court VACATES the referral to Magistrate Judge VanDervort of defendants' motion to file a supplemental memorandum in opposition to plaintiff's motion to quash subpoena duces tecum (doc. # 179). The motion is DENIED without prejudice. 5. Based upon the representation of counsel, the court VACATES the referral to Magistrate Judge VanDervort of defendants' motion to exclude certain deposition testimony (doc. # 160) and the motion is DENIED as moot.* 6. The court VACATES the referral to Magistrate Judge VanDervort of defendants' amended motion to exclude certain deposition testimony (doc. # 168). 7. Based upon the representation of counsel at the hearing, defendants' motion to extend the time for expert witness disclosures (doc. # 180) was * At the status conference, counsel for defendants informed the court that this motion was replaced by the Amended Motion to Exclude Certain Deposition Testimony (doc. # 168). 2 withdrawn. The Clerk is directed to terminate the motion. 8. Plaintiff's motion to exceed page limit (doc. # 137) is GRANTED. 9. Plaintiff's motion for leave to file surreply (doc. # 145) is GRANTED. 10. Defendants' motion to file supplemental memorandum in support of motion to continue (doc. # 194) is GRANTED. 11. Defendants' motion to file another supplemental memorandum in support of their motion to continue (doc. # 224) is GRANTED. 12. The Clerk is directed to REINSTATE defendants' motion for summary judgment (doc. # 61) and all responses and replies thereto to the active docket of the court. The Clerk is directed to send copies of this Memorandum Opinion and Order to all counsel of record and to Magistrate Judge VanDervort. IT IS SO ORDERED this 23rd day of June, 2009. ENTER: David A. Faber Senior United States District Judge 3
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