Case number 2:22-cv-00968
XCOAL ENERGY & RESOURCES et al v. ASANOME > Documents
| Date Field | Doc. No. | Party | Description |
|---|---|---|---|
| Jul 1, 2022 | 1 | COMPLAINT against MITSURU ASANOME (Filing fee, including Administrative fee, $402, receipt number APAWDC-7180024), filed by XCOAL ENERGY & RESOURCES, XCOAL ENERGY & RESOURCES-JAPAN GK. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (pak) (Entered: 07/01/2022) Download | |
| Jul 1, 2022 | 0 | CLERK'S OFFICE QUALITY CONTROL MESSAGE re 1 Complaint,. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 7/8/2022. (pak) (Entered: 07/01/2022) Download | |
| Jul 2, 2022 | 2 | ORDER REASSIGNING CASE, the Clerk of Court shall reassign this matter to another Judge on this Court. Judge Nora Barry Fischer no longer assigned to case. Signed by Judge Nora Barry Fischer on 7/1/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) (Entered: 07/02/2022) Download | |
| Jul 5, 2022 | 0 | Judge David S. Cercone added. (ijh) (Entered: 07/05/2022) Download | |
| Jul 5, 2022 | 3 | NOTICE of Appearance by Matthew F. Burger on behalf of XCOAL ENERGY & RESOURCES, XCOAL ENERGY & RESOURCES-JAPAN GK. (Burger, Matthew) Removed from view; filed in error. Modified on 7/6/2022 (pak). (Entered: 07/05/2022) Download | |
| Jul 6, 2022 | 4 | NOTICE of Appearance by Daniel C. Garfinkel on behalf of XCOAL ENERGY & RESOURCES, XCOAL ENERGY & RESOURCES-JAPAN GK. (Garfinkel, Daniel) (Entered: 07/06/2022) Download | |
| Jul 6, 2022 | 5 | ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 7/6/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm) (Entered: 07/06/2022) Download | |
| Jul 6, 2022 | 0 | Judge Robert J. Colville added. (ijh) (Entered: 07/06/2022) Download | |
| Jul 6, 2022 | 6 | Disclosure Statement identifying None as corporate parent or other affiliate, by XCOAL ENERGY & RESOURCES. (Garfinkel, Daniel) (Entered: 07/06/2022) Download | |
| Jul 6, 2022 | 7 | Disclosure Statement identifying None as corporate parent or other affiliate, by XCOAL ENERGY & RESOURCES-JAPAN GK. (Garfinkel, Daniel) (Entered: 07/06/2022) Download | |
| Jul 7, 2022 | 8 | NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (cjo) (Entered: 07/07/2022) Download | |
| Jul 7, 2022 | 9 | ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Robert J. Colville on 7/7/22. (cjo) (Entered: 07/07/2022) Download | |
| Jul 7, 2022 | 10 | AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (cjo) (Entered: 07/07/2022) Download | |
| Jul 18, 2022 | 11 | MOTION for Alternative Service by XCOAL ENERGY & RESOURCES, XCOAL ENERGY & RESOURCES-JAPAN GK. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Appendix Memorandum in Support of Motion for Alternative Service) (Burger, Matthew) (Entered: 07/18/2022) Download | |
| Jul 19, 2022 | 12 | BRIEF in Support re 11 Motion for Alternative Service, filed by XCOAL ENERGY & RESOURCES, XCOAL ENERGY & RESOURCES-JAPAN GK. (Burger, Matthew) (Entered: 07/19/2022) Download | |
| Jul 20, 2022 | 13 | ORDER: Upon consideration of Plaintiffs Motion for Alternative Service 11 and Brief in Support 12 , it is hereby ORDERED that the Motion is denied. On the record before the Court, the Court cannot definitively conclude that service of a copy of the Complaint 1 and a summons to Kurt A. Miller of the law firm Clark Hill PLC would satisfy due process, and the Court thus denies Plaintiffs request that the Court order service pursuant to Rule 4(f)(3). Plaintiffs are directed to effect service of the Complaint consistent with Rule 4(f)(1). The Court notes that Plaintiffs proceed at their own peril with respect to attempting to effectuate proper service otherwise, and Defendant proceeds at his own peril with respect to his duty to avoid unnecessary expenses of serving the summons under Rule 4(d). Signed by Judge Robert J. Colville on 7/20/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo) (Entered: 07/20/2022) Download | |
| Aug 4, 2022 | 14 | PRAECIPE to Issue Summons by XCOAL ENERGY & RESOURCES, XCOAL ENERGY & RESOURCES-JAPAN GK (Garfinkel, Daniel) (Entered: 08/04/2022) Download | |
| Aug 4, 2022 | 15 | Summons Issued as to MITSURU ASANOME (cel) (Entered: 08/04/2022) Download | |
| Nov 3, 2022 | 16 | MOTION to Dismiss for Failure to State a Claim re 1 Complaint, by MITSURU ASANOME. (Attachments: # 1 Proposed Order, # 2 Proposed Order, # 3 Proposed Order) (Miller, Kurt) Modified on 11/17/2022 (av). Added MOTION to Dismiss for Lack of Jurisdiction on 11/17/2022 (av). (Entered: 11/03/2022) Download | |
| Nov 3, 2022 | 17 | DECLARATION re 16 MOTION to Dismiss Certification of Compliance with Meet-and-Confer Requirement by MITSURU ASANOME. (Miller, Kurt) (Entered: 11/03/2022) Download | |
| Nov 3, 2022 | 18 | BRIEF in Support re 16 Motion to Dismiss filed by MITSURU ASANOME. (Miller, Kurt) (Entered: 11/03/2022) Download | |
| Nov 3, 2022 | 19 | DECLARATION of Defendant, Mitsuru Asanome by MITSURU ASANOME. (Miller, Kurt) (Entered: 11/03/2022) Download | |
| Nov 17, 2022 | 0 | CLERK'S OFFICE QUALITY CONTROL MESSAGE re 16 Motion to Dismiss. ERROR: Incorrect relief selected. CORRECTION: Changed relief from Motion to Dismiss to Motion to Dismiss for Failure to State a Claim. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added Motion to Dismiss for Lack of Jurisdiction. This message is for informational purposes only. (av) (Entered: 11/17/2022) Download | |
| Nov 25, 2022 | 20 | RESPONSE IN OPPOSITION to 16 Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss/Lack of Jurisdiction,, filed by XCOAL ENERGY & RESOURCES, XCOAL ENERGY & RESOURCES-JAPAN GK. (Attachments: # 1 Declaration) (Garfinkel, Daniel) (Entered: 11/25/2022) Download |
