CLARKSBURG – A lawsuit against Fairmont Supply Company and CONSOL Energy has dismissed CONSOL as a defendant.

On Aug. 12, Cacie Biddle and CONSOL filed a stipulation of dismissal without prejudice as to the claims against CONSOL in the lawsuit.

The parties jointly advised the court that CONSOL has made sufficient representations to the plaintiff's counsel of its non-involvement with the allegations raised in Biddle's complaint, according to the stipulation of dismissal.

Federal Rules of Civil Procedure provides that the plaintiff may dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared.

Biddle originally filed her complaint June 9 in Marion Circuit Court, saying her former employer, Fairmont Supply Company of Portage, Ind., retaliated against her in violation of the West Virginia Human Rights Act. Fairmont Supply Company sought to have the case removed to federal court July 17.

Biddle accused Fairmont Supply Company of providing a hostile work environment that subjected her to unwelcome harassment.

Biddle claims she began to experience issues with her supervisor.

After complaining to human resources, Biddle was fired for supposedly poor job performance on Feb. 15, 2013, according to her complaint.

Biddle claims until her termination she had never received any documentation of reprimands.

Instead, due to her superior job performance, she was actually given additional duties, such as assisting in writing a training manual for safety and providing pictures of her warehouse to be used in other job sites, the suit states.

Biddle says she was terminated in retaliation for her complaints about a regional manager–an unlawful retaliation for her actions. Due to her work environment, Biddle says she lost wages and benefits, suffered emotional distress, humiliation and mental anguish.

Biddle is seeking unmitigated front pay and punitive damages. She is being represented by Stephen P. New of Stephen P. New LC.

The defendants were represented by Larry J. Rector and Denielle M. Stritch of Steptoe and Johnson

The case is assigned to District Judge Irene Keeley.

U.S. District Court for the Northern District of West Virginia case number 1:14-cv-00122

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