Wolford et al v. United Coal Company LLC et al

Filing 52

OPINION and ORDER granting 34 Motion to Compel; terminating as moot 13 Motion to Compel. Signed by Senior Judge James P. Jones on 1/28/2025. (flc)

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JONATHAN WOLFORD, KENNETH MULLINS, JOSHUA McCOY, and JAMES ADDAIR, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. UNITED COAL COMPANY LLC, WELLMORE COAL COMPANY, LLC, and WELLMORE ENERGY COMPANY, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:24CV00028 OPINION AND ORDER JUDGE JAMES P. JONES Mark N. Foster, LAW OFFICE OF MARK N. FOSTER, PLLC, Madisonville, Kentucky, John R. Kleinschmidt, III, THE LAW OFFICES OF JOHN R. KLEINSCHMIDT, III, PLLC, Lexington, Kentucky, and Alexis I. Tahinci, TAHINCI LAW FIRM, PLLC, Kingsport, Tennessee, for Plaintiffs; Peter J. Raupp, Jonathan R. Ellis, and Joseph U. Leonoro, STEPTOE & JOHNSON PLLC, Charleston, West Virginia, for Defendants. In this wage-and-hour case brought by underground coal mine workers, the defendant employers have moved to compel arbitration under the Federal Arbitration Act (FAA). The plaintiffs resist arbitration based on the transportation worker exemption of the FAA. 9 U.S.C. ยง 1.1 They center their argument on the fact that 1 the underground coal mine operations in question straddle the state line between Virginia and Kentucky. An underground conveyor beltline carries the coal, which is mined in Kentucky. The beltline breaches the surface in Kentucky and finally ends a short distance into Virginia, where it deposits the coal. Because of this interstate transit of the coal, the plaintiffs assert that the exception applies to their claims. For the reasons set forth herein, I find that the plaintiffs are not transportation seeking arbitration will be granted. I. BACKGROUND. 2 2 3 3 4 4 5 5 6 6 7 7 It is so ORDERED. ENTER: January 28, 2025 /s/ JAMES P. JONES Senior United States District Judge

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