Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Combs v. ICG Hazard, LLC

United States District Court, E.D. Kentucky, Southern Division

March 21, 2013

JACK COMBS and ROSEMARY COMBS, PLAINTIFFS
v.
ICG HAZARD, LLC, et al., DEFENDANTS

Page 916

[Copyrighted Material Omitted]

Page 917

[Copyrighted Material Omitted]

Page 918

For Jack Combs, Rosemary Combs, Plaintiffs: Randall Ancil Campbell, LEAD ATTORNEY, Randy A. Campbell Law Office, Hindman, KY; Nicholas C.A. Vaughn, Law Office of Nick Vaughn, Somerset, KY.

For ICG Hazard, LLC, Arch Coal Inc., Fred Fields, Defendants: Mindy G. Barfield, Patrick Drake Schach, LEAD ATTORNEYS, Dinsmore & Shohl LLP - Lexington, Lexington, KY.

OPINION

Page 919

David L. Bunning, United States District Judge.

ORDER ADOPTING REPORT & RECOMMENDATION

This matter is before the Court upon the Report and Recommendation (" R& R" ) of the United States Magistrate Judge wherein he recommends that Plaintiffs' Motion to Remand be granted and Plaintiffs' Motion for an Award of Attorney's Fees and Costs be denied (Doc. # 23). No objections to the Magistrate Judge's R& R have been filed, and the time do so has now expired. Thus, the R& R is ripe for this Court's consideration.

Plaintiffs Jack and Rosemary Combs, citizens of Kentucky, originally filed this action in Perry Circuit Court on October 17, 2012 against ICG Hazard, LLC, Arch Coal, Inc., and Fred Fields. Defendants subsequently removed this suit to this Court on November 20, 2012 pursuant to 28 U.S.C. § § 1332, 1441, and 1446. In their notice of removal, Defendants contend that this Court has diversity jurisdiction over the controversy pursuant to 28 U.S.C. § 1332 because the properly joined Defendants are diverse from Plaintiffs, and the amount in controversy exceeds $75,000.00. According to Defendants, ICG Hazard, LLC and Arch Coal are properly joined parties, and each are residents of Delaware and Missouri. Defendants acknowledge that Jack Fields is a resident of Kentucky; however they assert that he was fraudulently joined and his citizenship should, therefore, be disregarded for diversity jurisdiction purposes. Finally, Defendants contend the jurisdictional amount is satisfied when the Court considers the sum of the compensatory and punitive damages sought, along with the costs Defendants would sustain if injunctive relief were granted.

On December 17, 2012, Plaintiffs filed a Motion to Remand to Perry Circuit Court, along with a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.