Wahoowa, Inc. et al v. Consol of Kentucky, Inc. et al

Filing 25

MEMORANDUM OPINION AND ORDER denying 9 MOTION asking the court to decline jurisdiction. Signed by Judge John T. Copenhaver, Jr. on 1/26/2018. (cc: counsel of record; any unrepresented parties) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
WAHOOWA, INC. and
SUVAC, INC.,
Plaintiffs,
v.

Civil Action no. 2:17-cv-04422

CONSOL OF KENTUCKY, LLC,
CONSOL ENERGY, INC., and
SOUTHEASTERN LAND, LLC,
Defendants.

MEMORANDUM OPINION AND ORDER

Pending before the court is the plaintiffs’ motion
asking the court to decline jurisdiction, filed on December 7,
2017.

The plaintiffs draw the court’s attention to the

“significant state-law issues in this case as a basis for
declining jurisdiction.”

Mot. at ¶ 11.

The facts of the case are summarized in the
accompanying opinion denying the motion to remand.

At bottom,

the plaintiffs seek to invalidate an assignment under a coal
mining lease under which they are lessors on the ground that it
contradicts the lease’s Section 18(a) that governs assignments.
The Fourth Circuit has laid out suggested factors to
consider in deciding whether to decline the exercise of
jurisdiction: (1) the strength of the state’s interest in having
the issues raised in the federal declaratory judgment action
decided in the state courts; (2) whether the issues raised in the

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
federal action can more efficiently be resolved in the court in
AT CHARLESTON
which the state action is pending; (3) whether permitting the
THOMAS PARKER,
federal action to go forward would result in unnecessary
Plaintiff,
“entanglement” between the federal and state court systems because
ofv.
overlapping issues of fact or law; and Civil Actionthe 15-14025
(4) whether No.
declaratory judgmentCOMPANY is being used merely as a device for
THE DOW CHEMICAL action LONG TERM DISABILITY PROGRAM,
an Employee Welfare Benefits Plan,
procedural fencing. See Nautilus Ins. Co. v. Winchester Homes,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts 377 (4th Cir. 1994).
Inc., 15 F.3d 371,Corporation, and
DOES 1 THROUGH 10, inclusive,

The court agrees with the defendants that the dispute
Defendants.
does not present novel issues of state law and that the state
ORDER AND NOTICE
has no significant special interest in the outcome of this case.
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
The issue can be as efficiently resolved in this court as in
following dates are hereby fixed as the time by or on which
certain events must occur:
state court and involves no unnecessary entanglement between the
01/28/2016
Motions under F.R. Civ. would not be served by
two court systems. Judicial efficiency P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
such jurisdiction, and there is no motions
declining to exercisematter in support thereof. (All concern
unsupported by memoranda will be denied without
about proceduralprejudice pursuant to L.R. Civ. P. 7.1 (a)).
fencing.
02/08/2016
ThoughLast day for Rule 26(f) meeting.
the plaintiffs argue that the contractual
02/15/2016
Last complex and unique, Parties= Planning
provision at issue isday to file Report of Pffs.’ Br. at 5-6, the
Meeting. See L.R. Civ. P. 16.1.
court agrees with the defendants that it does not appear unduly
02/22/2016
complex and, in Scheduling sense, is not unique. The courtRobert C.
a general conference at 4:30 p.m. at the sees
Byrd United States Courthouse in Charleston, before
the undersigned, unless canceled. Lead counsel
no reason that it would be less well equipped to construe it
directed to appear.
than the state court would be.
02/29/2016
Entry of scheduling order.
Accordingly, the motion is denied.
03/08/2016
Last day to serve F.R. Civ. P 26(a)(1) disclosures.

The Clerk is directed to transmit copies of this
The Clerk is requested to transmit this Order and
memorandum opinion and order to all counsel of record and any
Notice to all counsel of record and to any unrepresented
unrepresented parties.
parties.
DATED: January 5, 26, 2018
ENTER: January 2016
2

John T. Copenhaver, Jr.
United States District Judge