CLARKSBURG – A lawsuit has been filed against Hard Rock Exploration and other companies by the Huntington National Bank alleging the companies own approximately $25 million on loans, a credit card and others charges in fees.
The complaint alleges Hard Rock Exploration; Caraline Energy Company; Blue Jacket Gathering LLC; Blue Jacket Partnership; Brothers Realty LLC; Duane Yost; James L. Stephens Jr.; Gregory Laughlin; and Monica R. Francisco breached their contract with The Huntington National Bank relating to a series of loans that are in default.
The defendants are indebted to HNB on four loans and one credit card. The defendants owe a total of $23,628,821.69 as of a week before the lawsuit was filed in federal court.
In addition, SWAPS relating to the loan documents were terminated and the termination charges due and owning total $839,606.02. There are also additional charges, including a $30,000 forbearance fee.
A motion to dismiss the defendants’ counterclaims was filed in September. A stipulated protective order was filed on Dec. 13.
In the protective order, the parties stated that they desired to keep confidential documents, information or other things confidential.
In the motion to dismiss the counterclaims, HNB claims that the defendants’ demands for injunctive relief and an accounting should be dismissed because the defendants’ substantive claims all fail.
The case was assigned to District Judge Frederick P. Stamp Jr. and was referred to Magistrate Judge Michael John Aloi.
HNB is seeking judgment in the amount of the loan documents. It is represented by Kathleen J. Goldman and Christopher P. Schueller of Buchanan Ingersoll & Rooney LLP.
The defendants are represented by Danielle H. Brown, Kristopher D. Collman and Richard A. Getty of The Getty Law Group PLLC; Michael D. Simms of Simms Law Office; J. Michael Benninger of Benninger Law; and Shawn P. George of George & Lorensen.
U.S. District Court for the Northern District of West Virginia case number: 1:16-cv-00048