West Virginia Record

Friday, September 20, 2019

Judge grants dismissal of lawsuit against McCoy Elkhorn Coal

Federal Court

By Kyla Asbury | Aug 27, 2019


CHARLESTON — A lawsuit against McCoy Elkhorn Coal was dismissed from federal court voluntarily.

Federal Judge Thomas E. Johnston dismissed the lawsuit with prejudice after a notice of voluntary dismissal was filed in the case, according to a dismissal order filed in U.S. District Court for the Southern District of West Virginia.

"Because Plaintiff’s notice of voluntary dismissal was filed before Defendant McCoy Elkhorn Coal, LLC entered an appearance in this matter by filing an answer or a motion for summary judgment, this case is dismissed with prejudice," the judge wrote. "This Court directs the Clerk to remove this case from this Court’s docket."

Robertson Inc., an equipment distributor, filed the lawsuit against the mining company for alleged breach of contract and unpaid debts.

Robertson Inc., a member of The Baughan Group, doing business as Gauley-Robertson, filed a complaint in U.S. District Court for the Southern District of West Virginia against McCoy Elkhorn Coal LLC, alleging that the mining company owes more than $232,000. 

According to the complaint, Robertson has suffered monetary damages due to the defendant not compensating the plaintiff for the equipment and supplies that it ordered.

The suit says the supplies were delivered by the plaintiff to the McCoy Elkhorn mining sites in Kentucky, amounting to the aggregate sum of $232,776.60. 

The plaintiff alleges McCoy Elkhorn Coal has failed and refused to pay for equipment and supplies provided by Robertson, failed to fulfill its obligations under the agreement and has received and retained the benefit of the supplies without paying at the expense and detriment of the plaintiff.

Robertson was seeking a trial by jury, damages of $232,776.60, finance charges, costs incurred and attorney fees. It was represented by attorneys Colleen C. McCulloch and Daniel J. Burns of Pullin, Fowler, Flanagan, Brown & Poe PLLC in Beckley.

U.S. District Court for the Southern District of West Virginia case number: 2:18-cv-01326

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