IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION UNITED STATES OF AMERICA, Plaintiff, V. SOUTHERN COAL CORPORATION; A & G COAL CORPORATION; JUSTICE COAL OF ALABAMA LLC; BLACK RIVER COAL LLC; CHESTNUT LAND HOLDINGS LLC; DOUBLE BONUS COAL COMPANY; DYNAMIC ENERGY INC.; FOUR STAR RESOURCES LLC; FRONTIER COAL COMPANY, INC.; INFINITY ENERGY INC.; JUSTICE ENERGY COMPANY, INC.; JUSTICE HIGHWALL MINING, INC.; KENTUCKY FUEL CORP., KEYSTONE SERVICES INDUSTRIES INC.; M & P SERVICES, INC.; NINE MILE MINING COMPANY, INC.; NUFAC MINING COMPANY, INC.; PAY CAR MINING INC.; PREMIUM COAL COMPANY, INC.; S AND H MINING, INC.; SEQUOIA ENERGY, LLC; TAMS MANAGEMENT, INC.; VIRGINIA FUEL CORP., ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 7:19cv354 Defendants. COMPLAINT Plaintiff, United States of America, on behalf of the Secretary of Labor, United States Department of Labor, and Mine Safety and Health Administration (“MSHA”), by and through the United States Attorney for the Western District of Virginia, hereby alleges as follows: Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 1 of 9 Pageid#: 1 INTRODUCTION 1. This action is brought by the United States of America to collect civil penalties and other amounts owed to the United States under the Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 801, et seq. (“Mine Act”), and the Federal Debt Collection Procedures Act (“FDCPA”), 28 U.S.C. § 3001, et seq., as applicable. 2. Defendants have failed to pay hundreds of monetary penalties for Mine Act violations, totaling $4,776,370.40, inclusive of penalties and interest, as of May 3, 2019. As a result, the United States seeks “to recover a judgment on [the] debt” that Defendants have long refused to pay. 28 U.S.C. § 3001(a). JURISDICTION AND VENUE 3. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1345 because the United States is the plaintiff. The Court also has jurisdiction under Section 110(j) of the Mine Act, 30 U.S.C. § 820(j), and the FDCPA, 28 U.S.C. § 3001(a). 4. Venue is proper in the Western District of Virginia pursuant to 28 U.S.C. §§ 1391(b)(1) and 3001(b). PARTIES 5. Plaintiff is the United States of America acting pursuant to its authority under the Mine Act and FDCPA to collect debts owed for violations due to unsafe mine conditions under the Mine Act. 6. Southern Coal Corporation (“SCC”) is a Delaware corporation with its principal place of business at 818 North Eisenhower Drive, Beckley, West Virginia. SCC conducts business at 302 South Jefferson Street, Roanoke, Virginia. SCC is the parent company of several of the 2 Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 2 of 9 Pageid#: 2 defendant mine operators. James C. Justice II, James C. Justice III, and Jillian L. Justice were and/or are the record owners of all the outstanding stock of SCC at the relevant times. 7. Justice Coal of Alabama, LLC (fka Alabama Carbon, LLC) is an Alabama limited liability company with its principal place of business at 818 North Eisenhower Drive, Beckley, West Virginia. Justice Coal of Alabama, LLC operates one mine with delinquent, uncontested MSHA penalties in Jackson County, Alabama. 8. A & G Coal Corporation is a Virginia corporation with its principal place of business at 302 South Jefferson Street, Roanoke, Virginia. A & G Coal Corporation operates eight mines with delinquent, uncontested MSHA penalties in Wise County and Dickenson County, Virginia. 9. Black River Coal, LLC is a Delaware limited liability company, with its principal place of business at 302 South Jefferson Street, Roanoke, Virginia. Black River Coal, LLC operates one mine with delinquent, uncontested MSHA penalties in Tazewell County, Virginia. 10. Chestnut Land Holdings, LLC is a Delaware limited liability company with its principal place of business at 302 South Jefferson Street, Roanoke, Virginia. Chestnut Land Holdings LLC operates one mine with delinquent, uncontested MSHA penalties in McDowell County, West Virginia. 11. Double Bonus Coal Company is a West Virginia corporation with its principal place of business at 216 Lake Drive, Daniels, West Virginia. Double Bonus Coal Company operates one mine with delinquent, uncontested MSHA penalties in Wyoming County, West Virginia. 3 Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 3 of 9 Pageid#: 3 12. Dynamic Energy, Inc. is a West Virginia corporation with its principal place of business at 216 Lake Drive, Daniels, West Virginia. Dynamic Energy, Inc. operates one mine with delinquent, uncontested MSHA penalties in Wyoming County, West Virginia. 13. Four Star Resources LLC is a Kentucky limited liability company with its principal place of business at 302 South Jefferson Street, Roanoke, Virginia. Four Star Resources LLC operates one mine with delinquent, uncontested MSHA penalties in Harlan County, Kentucky. 14. Frontier Coal Company, Inc. is a West Virginia corporation with its principal place of business at 216 Lake Drive, Daniels, West Virginia. Frontier Coal Company, Inc. operates one mine with delinquent, uncontested MSHA penalties in Wyoming County, West Virginia. 15. Infinity Energy, Inc. is a Kentucky corporation with its principal place of business at 302 South Jefferson Street, Roanoke, Virginia. Infinity Energy, Inc. operates one mine with delinquent, uncontested MSHA penalties in Leslie County, Kentucky. 16. Justice Energy Company is a West Virginia corporation with its principal place of business at 216 Lake Drive, Daniels, West Virginia. Justice Energy Company operates one mine with delinquent, uncontested MSHA penalties in McDowell County, West Virginia. 17. Justice Highwall Mining, Inc. is a West Virginia corporation with its principal place of business at 216 Lake Drive, Daniels, West Virginia. Justice Energy Company operates one mine with delinquent, uncontested MSHA penalties in McDowell County, West Virginia. 18. Kentucky Fuel Corporation is a West Virginia corporation with its principal place of business at 302 South Jefferson Street, Roanoke, Virginia. Kentucky Fuel Corporation operates seven mines with delinquent, uncontested MSHA penalties in Breathitt County, Kentucky; Knott County, Kentucky; McDowell County, West Virginia; and Logan County, West Virginia. 4 Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 4 of 9 Pageid#: 4 19. Keystone Service Industries Inc. is a West Virginia corporation with its principal place of business at 216 Lake Drive, Daniels, West Virginia. Keystone Service Industries operates one mine with delinquent, uncontested MSHA penalties in McDowell County, West Virginia. 20. M & P Services, Inc. is a West Virginia corporation with its principal place of business at 216 Lake Drive, Daniels, West Virginia. M & P Services, Inc. operates one mine with delinquent, uncontested MSHA penalties in McDowell County, West Virginia. 21. Nine Mile Mining, Inc. is a Virginia corporation with its principal place of business at 302 South Jefferson Street, Roanoke, Virginia. Nine Mile Mining, Inc. operates two mines with delinquent, unpaid MSHA penalties in Lee County, Virginia, and Wise County, Virginia. 22. Nufac Mining Company, Inc. is a Delaware corporation with its principal place of business at 1209 Orange Street, Wilmington, Delaware. Nufac Mining Company, Inc. operates three mines with delinquent, uncontested MSHA penalties in McDowell County and Wyoming County, West Virginia. 23. Pay Car Mining, Inc. is a West Virginia corporation with its principal place of business at 216 Lake Drive, Daniels, West Virginia. Pay Car Mining, Inc. operates two mines with delinquent, uncontested MSHA penalties in McDowell County and Wyoming County, West Virginia. 24. Premium Coal Company, Incorporated is an Alabama corporation with its principal place of business at 302 South Jefferson Street, Roanoke, Virginia. Premium Coal Company, Incorporated operates three mines with delinquent, uncontested MSHA penalties in Anderson County, Tennessee. 5 Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 5 of 9 Pageid#: 5 25. S and H Mining, Inc. is a Tennessee corporation with its principal place of business at 302 South Jefferson Street, Roanoke, Virginia. S and H Mining Inc. operates one mine with delinquent, uncontested MSHA penalties in Campbell County, Tennessee. 26. Sequoia Energy, LLC is a Kentucky limited liability company with its principal place of business at 302 South Jefferson Street, Roanoke, Virginia. Sequoia Energy, LLC operates two mines with delinquent, uncontested MSHA penalties in Harlan County, Kentucky. 27. Tams Management, Inc. is a West Virginia corporation with its principal place of business at 216 Lake Drive, Daniels, West Virginia. Tams Management, Inc. operates two mines with delinquent, uncontested MSHA penalties in Raleigh County, West Virginia. 28. Virginia Fuel Corporation is a Delaware corporation with its principal place of business at 302 South Jefferson Street, Roanoke, Virginia. Virginia Fuel Corporation operates six mines with delinquent, uncontested MSHA penalties in Harlan County, Kentucky; Lee County, Virginia; Dickenson County, Virginia; and Wise County, Virginia. FACTS 29. Under the Mine Act, an “operator means any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any designated independent contractor performing services or construction at such mine.” 30 U.S.C. § 802. 30. When the operator is a corporate entity, the operator must provide MSHA with various information, including identifying the individual controller of the operator. 30 C.F.R. § 41.11(d). Any changes to the required information, including a controller change, must be reported to MSHA within 30 days of the change. Id. § 41.12. 31. The controllers of the defendant operators are currently James C. Justice II, James C. Justice III, and Jillian Justice. 6 Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 6 of 9 Pageid#: 6 32. Between May 3, 2014, and May 3, 2019, MSHA issued at least 2,297 citations to Defendants for violations of the Mine Act. MSHA assessed civil penalties for each violation pursuant to the Mine Act, totaling at least $3,954,984.37. See Treasury Decl., Ex. 1; MSHA Decl., Ex. 2. 33. Defendants failed to pay the proposed penalties or notify MSHA that it contested the assessed civil penalties and request a hearing. Defendants were informed that the assessments would become a final order if they failed to contest the assessments by operation of law under Section 105(a) of the Mine Act, 30 U.S.C. § 815(a), and that the final order would be enforced under the provisions of the Mine Act. The citations and penalties are, therefore, final orders within the meaning of Section 105(a) of the Mine Act, 30 U.S.C. § 815(a). 34. The various civil penalties became delinquent thirty days after the final order of the Federal Mine Safety and Health Review Commission under Section 105(a) and (d) of the Mine Act, 30 U.S.C. § 815(a) & (d). MSHA sent two demand letters to Defendants and when unable to collect the respective debt for at least 100 days, MSHA forwarded $2,393,236.97 to the Department of Treasury (“Treasury”) for collection under the FDCPA. 35. Treasury sent a written demand for each delinquent debt upon MSHA’s referral of each debt to Treasury for collection. Treasury attempted to collect these debts, including hiring third-party debt collectors and placing Defendants in the Treasury Offset Program. Despite these collection attempts by Treasury, Defendants still failed to pay the assessed penalty, and Treasury referred the debts to the Department of Justice for collection. 36. After referral to the Department of Justice for collection, the United States Attorney’s Office for the Western District of Virginia made a written demand for the delinquent debts on Defendants on September 5, 2018. Defendants still have failed to pay the outstanding 7 Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 7 of 9 Pageid#: 7 debt. Interest and additional penalties have been assessed in accordance with 30 U.S.C. § 820(j), 31 U.S.C. §§ 3711(g) and 3717(e), and 28 U.S.C. § 527. 37. MSHA’s referral of many of the debts to the Treasury for collection subjected the penalties to additional fees. For the civil penalties identified in Paragraph 32, Defendants owe an additional $821,386.03 in unpaid fees. 38. The amounts described in Paragraphs 32 and 37, totaling $3,214,623.00, are due and owing to the United States and have not been paid. See Treasury Decl., Ex. 1. 39. Additionally, final orders have been issued against Defendants for an additional 806 violations that MSHA has not referred to Treasury for collection, totaling $1,561,747.40, which is past due and owing to the United States but has not been paid. See MSHA Decl., Ex. 2. 40. As the operators of the mines for which the citations and penalties described above were issued, Defendants are liable for the unpaid civil penalties pursuant to Sections 110(a) and 110(j) of the Mine Act, 30 U.S.C. §§ 820(a) & 820(j). PRAYER FOR RELIEF The United States of America respectfully requests the following relief: 1. A Judgment against Defendant for the principal amount of unpaid civil penalties and administrative costs owed to the United States for Mine Act violations, in an amount not less than $4,776,370.40; 2. A Judgment against Defendants for interest on the principal amount of the unpaid civil penalties at the rate of 8% per annum authorized by Section 110(j) of the Mine Act, 30 U.S.C. § 820(j), plus interest accruing after May 3, 2019; 3. A Judgment against Defendants for the 10% surcharge authorized by the FDCPA, 28 U.S.C. § 3011(a); 8 Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 8 of 9 Pageid#: 8 4. An order enjoining Defendants from violating, failing, or refusing to comply with an order or decision under the Mine Act, and enjoining them from failing or refusing to comply with any order or decision, including a civil penalty assessment order, that is issued under the Mine Act; and 5. Any other appropriate relief. Respectfully submitted, THOMAS T. CULLEN United States Attorney /s/ Krista Consiglio Frith Assistant United States Attorney Virginia Bar No. 89088 United States Attorney’s Office P.O. Box 1709 Roanoke, VA 24008 TEL (540) 857-2250 FAX (540) 857-2614 krista.frith@usdoj.gov /s/ Jason S. Grover Special Assistant United States Attorney Illinois Bar No. 6256032 Counsel for Trial Litigation Mine Safety and Health Division Office of the Solicitor U.S. Department of Labor 201 12th Street South Suite 401 Arlington, VA 22202 TEL (202) 693-9326 FAX (202) 693-9392 grover.jason@dol.gov 9 Case 7:19-cv-00354-GEC Document 1 Filed 05/07/19 Page 9 of 9 Pageid#: 9 EXHIBIT 1 Case Document 1-1 Filed 05/07/19 Page 1 of 4 Pageid#: 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION UNITED STATES OF AMERICA, Plaintiff, V. SOUTHERN COAL CORPORATION; A & G COAL CORPORATION; ALABAMA CARBON LLC; JUSTICE COAL OF ALABAMA LLC; BLACK RIVER COAL LLC; CHESTNUT LAND HOLDINGS LLC; DOUBLE BONUS COAL COMPANY; DYNAMIC ENERGY INC.; FOUR STAR RESOURCES LLC; FRONTIER COAL COMPANY, INC.; INFINITY ENERGY INC.; JUSTICE ENERGY COMPANY, INC.; KENTUCKY FUEL CORP., KEYSTONE SERVICES INDUSTRIES INC.; M&P SERVICES, INC.; NINE MILE MINING COMPANY, INC.; NUFAC MINING COMPANY, INC.; PAY CAR MINING INC.; PREMIUM COAL COMPANY, INC.; S&H MINING, INC.; SEQUOIA ENERGY; TAMS MANAGEMENT, INC.; VIRGINIA FUEL CORP., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. DECLARATION I, Anita M. Triantafilledes, pursuant to 28 U.S.C. § 1746, hereby declare as follows: 1. I am the Manager of the Litigation Policy & Management Branch in the Department of the Treasury, Bureau of the Fiscal Service, Debt Management Services (DMS), Washington, D.C. The information described herein is based on my training, experience, Case 7:19-cv-00354-GEC Document 1-1 Filed 05/07/19 Page 2 of 4 Pageid#: 11 and review of the records for Defendants A&G Coal Corporation, Alabama Carbon LLC, Justice Coal of Alabama LLC, Black River Coal LLC, Chestnut Land Holdings LLC, Double Bonus Coal Company, Dynamic Energy Inc., Four Star Resources LLC, Frontier Coal Company, Inc., Infinity Energy Inc., Justice Energy Company, Inc., Kentucky Fuel Corp., Keystone Services Industries Inc., M&P Services, Inc., Nine Mile Mining Company, Inc., Nufac Mining Company, Inc. Pay Car Mining, Inc., Premium Coal Company, Inc., S&H Mining, Inc., Sequoia Energy, Tams Management, Inc., and Virginia Fuel Corp. (collectively, “Defendants”). 2. Federal agencies refer delinquent nontax debts to DMS for collection. At the time of referral, and at each agency update, agencies are required to certify to DMS that the debts they refer are delinquent, valid, legally enforceable in the amount stated, and that any required due process has been given. 3. After a debt is referred to DMS by a creditor agency, such as the Department of Labor, Mine Safety and Health Administration (“MSHA”), DMS uses a number of collection tools, to attempt to collect the debt. These tools may include: demand letter(s); phone contact and/or correspondence with the debtor; referral to the Treasury Offset Program (TOP) to reduce any eligible federal or state payments that the debtor may receive; referral to private collection agencies (PCAs), which are under contract with DMS; and referral to the Department of Justice for enforced collection through litigation. 4. DMS charges creditor agencies fees to cover the cost of collection. DMS is authorized to charge these fees pursuant to 31 U.S.C. § 3711(g)(6); see also 31 C.F.R. § 285.12(j); 31 C.F.R. § 901.1(f). DMS fees are 30% for any debts that are less than two years delinquent, based on the default date provided by the creditor agency, and 32% for debts Case 7:19-cv-00354-GEC Document 1-1 Filed 05/07/19 Page 3 of 4 Pageid#: 12 that are over two years delinquent. The fee is computed as 30% or 32% of the principal, plus interest, penalty, and administrative costs of the referred debt. 1 5. In addition, the Department of Justice has authority to charge a 3% fee pursuant to 28 U.S.C. § 527 legislative note. 6. Creditor agencies, such as MSHA, are generally required to pass on all debt collection costs to the debtor. 31 U.S.C. § 3717(e)(1); see also 31 C.F.R. § 901.9(c), (f). Costs to the creditor agency include fees charged to the creditor agency. See id. 7. The amount owed by Defendants as of May 3, 2019, is $3,214,623.00. 8. The amount owed is comprised of: Principal: $2,393,236.97 Fiscal Service and DOJ fees: $821,386.03 TOTAL: $3,214,623.00 DATED this 6th day of May, 2019. Digitally signed by Anita M. Anita M. Triantafilledes Triantafilledes Date: 2019.05.06 18:36:30 -04'00' Signature____________________________________ Anita M. Triantafilledes Manager, Litigation Policy & Management Branch Bureau of the Fiscal Service, Debt Management Service Department of the Treasury 1 When a collection on a federal nontax debt results from offset of payments through TOP, DMS charges the creditor agency the TOP fee of $17.00 per offset, and does not charge the 30% or 32% fee. 2 The 1994 Appropriation Act (PL. 103-121) authorized DOJ to retain up to 3% of all amounts collected as the result of its civil debt collection litigation activities. Because the DOJ fee is based on amounts collected, the DOJ Fee is calculated by adding principal, interest, administrative costs (including Fiscal Service’s fee), penalties and then dividing by .97 and multiplying by .03. Case 7:19-cv-00354-GEC Document 1-1 Filed 05/07/19 Page 4 of 4 Pageid#: 13 EXHIBIT 2 Case Document 1-2 Filed 05/07/19 Page 1 of 24 Pageid#: 14 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION UNITED STATES OF AMERICA, Plaintiff, Declaration of Thomas Charboneau V. Case No. SOUTHERN COAL A COAL BANDY COAL BLACK RIVER COAL BLUESTONE COAL CHESTNUT LAND HOLDINGS DOUBLE BONUS COAL FRONTIER COAL COMPANY JUSTICE ENERGY COMPANY JUSTICE HIGHWALL MINING KENTUCKY FUEL KEYSTONE SERVICE INDUSTRIES NINE MILE MINING NUFAC MINING COMPANY PAY CAR MINING PREMIUM COAL COMPANY TAMS MANAGEMENT VIRGINIA FUEL CORPORATION, AND MINING, SEQUOIA TAMS MANAGEMENT, VIRGINIA FUELS CORR, Defendants. DECLARATION I, Thomas Charboneau, pursuant to 28 U.S.C. 1746, hereby declare as follows: 1. I am the Director of the Of?ce of Assessments, Mine Safety and Health Administration (MSHA), US. Department of Labor, in Arlington, Virginia. The Of?ce of Assessments collects civil monetary penalties for Violations of the Federal Mine Safety Case Document 1-2 Filed 05/07/19 Page 2 of 24 Pageid#: 15 and Health Act of 1977, as amended, 30 U.S.C. 801 et seq. (Mine Act) and of mine safety and health standards issued under the Mine Act. The Of?ce of Assessments administers all activities for the proposal of the dollar amounts of civil penalties and the administrative processing of all civil penalty assessments that become ?nal orders of the Federal Mine Safety and Health Review Commission as well as associated cash and debt management activities. These activities include collecting and accounting for all delinquent civil penalties. 2. In the course of my duties, I have access to certain computer records of the Of?ce of Assessments and MSHA. I oversaw a search of the records within my custody and control in connection with the citations for safety and health violations issued by MSHA, and civil monetary penalties assessed by at the mines listed in the attached spreadsheet. 3. As re?ected in the attached charts, MSHA proposed civil monetary penalties since May 3, 2014, for no fewer than: a. 118 violations at mines operated by A Coal Corporation, MSHA proposed civil penalties that become final orders of in the principal amount of not less than $544,532.97. b. 3 violations at mines operated by Bandy Coal LLC, MSHA preposed civil penalties that become ?nal orders of in the principal amount of not less than $407.00. 2 Case Document 1-2 Filed 05/07/19 Page 3 of 24 Pageid#: 16 c. 11 violations at mines operated by Black River Coal LLC, MSHA proposed civil penalties that become final orders of in the principal amount of not less than $86,041.00. d. 10 violations at mines operated by Bluestone Coal Corporation, MSHA proposed civil penalties that become ?nal orders of in the principal amount of not less than $2,167.00. e. 2 violations at mines operated by Chestnut Land Holdings LLC, MSHA proposed civil penalties that become final orders of in the principal amount of not less than $411.53. f. 19 violations at mines operated by Double Bonus Coal Company, MSHA proposed civil penalties that become ?nal orders of in the principal amount of not less than $97,103.00. g. 39 violations at mines operated by Frontier Coal Company Inc, MSHA proposed civil penalties that become final orders of in the principal amount of not less than $11,684.31. h. 36 violations at mines operated by Justice Energy Company Inc, MSHA proposed civil penalties that become final orders of in the principal amount of not less than $14,561.15. i. 16 Violations at mines operated by Justice Highwall Mining Inc, MSHA proposed civil penalties that become ?nal orders of in the principal amount of not less than $4,075.42. 3 Case Document 1-2 Filed 05/07/19 Page 4 of 24 Pageid#: 17 j. 12 violations at mines operated by Kentucky Fuel Corporation, MSHA proposed civil penalties that become ?nal orders of in the principal amount of not less than $63,378.42. k. 7 violations at mines operated by Keystone Service Industries Inc, MSHA proposed civil penalties that become ?nal orders of in the principal amount of not less than $849.92. 1. 9 violations at mines operated by Nine Mile Mining Inc, MSHA proposed civil penalties that become ?nal orders of in the principal amount of not less than $11,465.78. m. 111 violations at mines operated by Nufac Mining Company Inc, MSHA prOposed civil penalties that become ?nal orders of in the principal amount of not less than $25,543 .09. n. 354 violations at mines operated by Pay Car Mining Inc, MSHA proposed civil penalties that become ?nal orders of in the principal amount of not less than $663,669.70. 0. 4 violations at mines operated by Premium Coal Company Inc, MSHA proposed civil penalties that become ?nal orders of in the principal amount of not less than $455.86. p. 45 violations at mines operated by Tams Management Inc, MSHA proposed civil penalties that become ?nal orders of in the principal amount of not less than $31,419.69. 4 Case Document 1-2 Filed 05/07/19 Page 5 of 24 Pageid#: 18 q. 10 Vi01ations at mines operated by Virginia Fuels Corporation, MSHA proposed civil penalties that become ?nal orders of in the principal amount of not less than $3,981.56. 4. All the Violations and penalties referred to in 3 became ?nal orders within the meaning of?? 105(a) ofthe Mine Act. 30 U.S.C. 815(a) 5. The amounts described in ?11 3 are past due and owing to the United States and have not been paid. 6. Statutory pre?j udgment interest has accrued on the amounts described in 3 in the amount of not less than $1,561,747.40 for no less than 806 Violations as of April 30, 2019. 7. The Violations and amounts described above are in addition to those that have been referred to the Department of Treasury for collection. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. rd Executed in Arlington, DATED this I 3 day of May, 2019 THOMAS CHARBONEAU Director Of?ce of Assessments Mine Safety and Health Administration 5 Case Document 1-2 Filed 05/07/19 Page 6 of 24 Pageid#: 19 Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 7 of 24 Pageid#: 20 P21141 0132995 0129130 P02030 0118409 0053059 0083104 0089765 0051938 0059863 P18954 0099325 0095328 0074803 P02174 0108546 0112288 Violator ID A & G Coal Cor oration Band Coal LLC Black River Coal LLC Bluestone Coal Cor oration Chestnut Land Holdin s LLC Double Bonus Coal Com an Frontier Coal Com an Inc Jusfice Ener Compan Inc Justice Hi hwall Minin Inc Kentuck Fuel Cor oration Ke stone Service Industries Inc Nine Mile Minin Inc Nufac Minin Compan Inc Pa Car Minin Inc Premium Coaf Compan Inc Tams Mana ement Inc Vir inia Fuels Corporation Totals Violator Name Number of Number of Cases Violations 14 118 1 3 1 11 1 10 2 2 1 19 3 39 5 36 4 16 6 12 4 7 7 9 111 13 12 354 2 4 12 45 7 10 95 Cases 806 Violations $544,532.97 $407.00 $86,041.00 $2,167.00 $411.53 $97,103.00 $11,684.31 $14,561.15 $4,075.42 $63,378.42 $849.92 $11,465.78 $25,543.09 $663,669.70 $455.86 $31,419.69 $3,981.56 $1,561,747.40 Total of Owed Jiilean Justice (Controller ID: 0091855)&James Justice(Controller ID: 004355) MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 8 of 24 Pageid#: 21 000399126 000422235 000428879 000431971 000433849 000438545 000441115 000443396 000484998 000346270 000346286 000352768 000353549 000353996 Violator Name P21141 A & G Coal Cor oration P21141 A & G Coal Cor oration P21141 A 8~ G Coal Cor oration P21141 A & G Coal Co oration P21141 A & G Coal Cor oration P21141 A & G Coal Corporation P21141 A & G Coal Corporation P21141 A & G Coal Cor oration P21141 A & G Coal Corporation P21141 A&G Coal Cor oration P21141 A&G Coal Cor oration P21141 A&G Coal Corporation P21141 A&G Coal Corporation P21141 A&G Coal Corporation Totals Assessment Violator ~p Case Number 4407160 4406992 4406992 4406992 4406992 4406992 4407228 4407228 4407160 4404534 4404534 4404534 4404534 4404534 4 Mines Mine ID 000399126 000422235 000428879 000431971 000433849 000438545 000441115 000443396 000484998 000346270 000346286 000352768 000353549 000353996 14 Cases Assessment Case Number Count of Violation Na (Assessed). 7 19 19 3 5 3 3 2 1 2 4 1 47 2 118 Violations $82,234.00 $60,893.00 $89,094,46 $22,813.00 $6,646.00 $40,251.00 $368.63 $235.04 $270.00 $8,952.57 $30,694.56 $9,941.35 $138,466.86 $53,672.50 $544,532.97 Sum of Owed Jillean Justice (Controller ID: 0091855)~ James Justice(Controller ID: C04355)MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 9 of 24 Pageid#: 22 000367941 Assessment Case Number Violator Name 0132995 Band CoaI,LLC Totals Violator ~p Assessme Count of nt Case Violation No Number (Assessed). 4406859 000367941 3 1 Mine 1 Case 3 Violations Mine ID $407.00 X407.00 Sum of Owed Jillean Justice (Controller ID: 0091855)&James Justice(Controller ID: C04355)MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 10 of 24 Pageid#: 23 Assessment Case Violator ID Violator Name Number 000389543 0121130 Black River Coai, LLC Totals Assessment Count of Case Violation No Number (Assessed). 4406859 000389543 11 1 Mine 1 Case 11 Violations Mine ID $86,041.00 $86,041.00 Sum of Owed Jiliean Justice(Controller ID: 0091855)~ James Justice (Controller ID: C04355)MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 11 of 24 Pageid#: 24 Assessment Violator Case ~p Violator Name Number 000486935 P02030 Bluestone Coal Corporation Totals Assessment Count of Violation No Case Number Assessed . 4603404 000486935 10 1 Mine 1 Case 10 Violations Mine ID $2,167.00 $2,167.00 Sum of Owed Jillean Justice(Controller ID: 0091855 &James Justice (Controller iD: C04355) MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 12 of 24 Pageid#: 25 Assessment Case Violator ID Violator Name Number 000441545 0118409 Chestnut Land Holdin s, LLC 000481760 0118409 Chestnut Land Holdin s, LLC Totals 4602380 4602380 1 Mine Mine ID Count of Assessment Violation No Case Number (Assessed). 000441545 1 1 000481760 2 Violations 2 Cases $117.53 $294.00 $411.53 Sum of Owed Jillean Justice(ControNer ID: 0091855)8~ James Justice(Controller ID: C04355) MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 13 of 24 Pageid#: 26 Assessment Violator Case ~p Violator Name Number 000334457 0053059 Double Bonus Coal Compan Total Assessment Count of Violation No Case Number (Assessed). 4609020 000334457 19 1 Mine 1 Case 19 Violations Mine ID $97,103.00 $97,103.00 Sum of Owed Jillean Justice(Controller ID: 0091855)&James Justice (Controller ID: C04355)MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 14 of 24 Pageid#: 27 000439719 0083104 000444491 0083104 000484065 0083104 Violator Name Frontier Coal Compan ,Inc. Frontier Coal Com an ,Inc. Frontier Coal Compan ,Inc. Totals Assessment Violator ID Case Number Assessment Count of Case Violation No Number (Assessed). 4609227 000439719 36 4609227 000444491 2 4609227 000484065 1 1 Mine 3 Cases 39 Violations Mine ID $11,077.31 $472.00 $135.00 $11,684.31 Sum of Owed Jiilean Justice(Controller ID: 0091855)&James Justice (Controller ID: C04355)AASHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 15 of 24 Pageid#: 28 Assessment Violator iD Case Number 000468428 0089765 000472562 0089765 000478875 0089765 000484558 0089765 000486477 0089765 Justice Ener Justice Ener Justice Ener Justice Ener Justice Ener Totals Com an Compan Com an Compan Compan Violator Name Inc Inc Inc Inc Inc 4606578 4606578 46Q6578 4606578 4606578 1 Mine Mine ID Count of Assessment Violation No Case Number (Assessed). 000468428 9 000472562 1 000478875 13 000484558 1 000486477 12 5 Cases 36 Violations $2,137.00 $118.00 $3,807.15 $121.00 $8,378.00 $14,561.15 Sum of Owed Jiliean Justice (Controller ID: 0091855)~ James Justice (Controller ID: C04355) MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 16 of 24 Pageid#: 29 000479251 000483611 000485010 000487182 0051938 0051938 0051938 0051938 Assessment Violator Case Number ID Justice Hi Justice Hi Justice Hi Justice Hi Totals hwafl Minin hwall Minin hwall Minin hwall Minin Violator Name Inc. Inc. Inc. Inc. 4609239 4609239 4609239 4609239 1 Mine Mine ID Assessment Count of Case Violation No Number (Assessed). 000479251 2 000483611 2 000485010 5 000487182 7 4 Cases 16 Violations $241.42 $392.00 $1,118.00 $2,324.00 $4,075.42 Sum of Owed Jillean Justice(Controller ID: 0091855)8~ James Justice (Controller ID: C04355)MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 17 of 24 Pageid#: 30 Assessment Case Number 000379788 000445918 000479535 000481461 000481463 000485055 0059863 0059863 0059863 0059863 0059863 0059863 Violator ~p Kentuck Kentuck Kentuck Kentuck Kentuck Kentuck Totals Fuel Cor Fuel Cor Fuel Cor Fuel Cor Fuel Cor Fuel Cor oration oration oration oration oration oration Violator Name 1519758 1513254 1517021 1517021 1517894 1517021 4 Mines Mine ID Assessment Count of Case Violation No Sum of Owed Number Assessed . 000379788 2 $62,175.42 000445918 3 $348.00 000479535 1 $133.70 000481461 1 $118.65 000481463 1 $118.65 000485055 4 $484.00 6 Cases 12 Violations $63,378.42 Jillean Justice (Controller ID: 0091855)8~ James Justice (Controller ID: C04355) MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 18 of 24 Pageid#: 31 Assessment Case Number 000441119 000473125 000483596 000485003 P18954 P18954 P18954 P18954 Violator ~p Ke stone Service Industries, Inc. Ke stone Service Industries, Inc. Ke stone Service Industries, Inc. Ke stone Service Industries, Inc. Totals Violator Name 4603444 4603444 4603444 4603444 1 Mine Mine ID Assessment Count of Case Violation No Number (Assessed). 000441119 2 000473125 2 000483596 1 000485003 2 4 Cases 7 Violations $236.92 $236.00 $135.00 $242.00 $849.92 Sum of Owed Jillean Justice(Controller ID: 0091855)~ James Justice(Controller ID: C04355) MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 19 of 24 Pageid#: 32 Assessment Violator ID Case Violator Name Number 000321500 0099325 Nine Mike Minin ,Inc. 000332225 0099325 Nine Mile Minin ,Inc. 000336003 0099325 Nine Mile Minin ,Inc. 000347822 0099325 Nine Mile Minin ,Inc. 000371713 0099325 Nine Mile Minin ,Inc. 000478868 0099325 Nine Mile Minin ,Inc. 000484549 0099325 Nine Mile Minin ,Inc. Totals Assessment Case Number 000321500 000332225 000336003 000347822 000371713 000478868 000484549 7 Cases Mine ID 4407252 4407252 4407252 4407252 4407252 4407252 4407252 1 Mine Count of Violation No (Assessed). 1 3 1 1 1 1 1 9 Violations $6,627.21 $1,507.47 $2,756.81 $177.26 $156.65 $119.38 $121.00 $11,465.78 Sum of Owed Jillean Justice (Controller ID: 0091855)8~ James Justice (Controller ID: C04355) MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 20 of 24 Pageid#: 33 Assessment Case Number 000477459 000481243 000482941 000486952 000454366 000456604 000472962 000477447 000479242 000482934 000484891 000486942 000440464 0095328 0095328 0095328 0095328 0095328 0095328 0095328 0095328 0095328 0095328 0095328 0095328 0095328 Violator ~p Nufac Minin Nufac Minin Nufac Minin Nufac Minin Nufac Minin Nufac Minin Nufac Minin Nufac Minin Nufac Minin Nu#ac Minin Nufac Minin Nufac Minin Nufac Minin Totals Com an Com an Compan Compan Com an Com an Com an Compan Compan Com an Compan Com an Com an Violator Name Inc Inc Inc Inc ,Inc ,Inc ,Inc ,Inc ,Inc , InE ,Inc ,Inc ,Inc 4609316 4609316 4609316 4609316 4608786 4608786 4608786 4608786 4608786 4608786 4608786 4608786 4608769 3 Mines Mine ID Assessment Count of Case Violation No Number (Assessed). 1 000477459 000481243 1 000482941 2 000486952 1 000454366 30 000456604 25 000472962 5 000477447 4 000479242 13 000482934 2 000484891 12 000486942 14 000440464 1 13 Cases 111 Violations $118.00 $250.00 $242.00 $121.00 $257.82 $6,738.00 $1,458.00 $472.00 $1,568.45 $242.00 $3,223.00 $10,694.00 $158.82 $25,543.09 Sum of Owed Jillean Justice(Controller ID: 0091855)8~ James Justice(Controller ID: C04355)MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 21 of 24 Pageid#: 34 Assessment Case Violator fD Number 000291172 0074803 Pa 000440180 0074803 Pa 000444989 0074803 Pa 000459785 0074803 Pa 000470446 0074803 Pa 000472376 0074803 Pa 000474594 0074803 Pa 000476873 0074803 Pa 000478672 0074803 Pa 000482529 0074803 Pa 000484392 0074803 Pa 000486293 0074803 Pa Totals 4608884 4609389 4608884 4608884 4608884 4608884 4608884 4608884 4608884 4608884 4608884 4608884 2 Mines Car Minin Car Minin Car Minin Car Minin Car Minin Car Minin Car Minin Car Minin Car Minin Car Minin Car Minin Car Minin Inc Inc Inc Inc Inc Inc Inc Inc Inc Inc Inc Inc Mine ID Violator Name 000291172 000440180 000444989 000459785 000474446 000472376 000474594 000476873 000478672 000482529 000484392 000486293 12 Cases Assessment Case Number Count of Violation No (Assessed). 5 1 5 9 4 17 69 9 93 63 46 33 354 Violations $37,359.99 $156.79 $955.00 $2,154.00 $1,348.00 $48,226.00 $103,409.04 $22,037.88 $204,555.00 $106,094.00 $83,549.00 $53,825.00 $663,669.70 Sum of Owed Jiilean Justice (Controller ID: 0091855)&James Justice (Controller ID: C04355) MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 22 of 24 Pageid#: 35 Assessment Case Violator ID Violator Name Number 000366443 P02174 Premium Coal Com an Inc 000479012 P02174 Premium Coal Compan Inc Totals Assessment Count of Case Violation No Number (Assessed). 4002467 000366443 1 4002467 000479012 3 1 Mine 2 Cases 4 Violations Mine ID $100.00 $355.86 $455.86 Sum of Owed Jillean Justice (Controller ID: 0091855)&James Justice (Controller ID: C04355) MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 23 of 24 Pageid#: 36 Assessment Case Number 000321510 000329653 000336016 000338777 000341183 000394454 000426361 000440886 000443210 000445593 000445598 000487353 0108546 0108546 0108546 0108546 0108546 0108546 0108546 0108546 0108546 0108546 0108546 0108546 ement, Inc ement, Inc ement, Inc ement, Inc ement, inc ement, Inc ement, Inc ement, Inc ement, Inc ement, Inc ement, Inc ement, Inc Violator Name Tams Mana Tams Mana Tams Mana Tams Mana Tams Mana Tams Mana Tams Mana Tams Mana Tams Mana Tams Mana Tams Mana Tams Mana Totals Violator ID 4608716 4608716 4608716 4608716 4608716 4608716 4608716 4604734 4604734 4604734 4608716 4604734 2 Mines Mine ID Assessment Count of Case Violation No Number (Assessed). 000321510 7 000329653 2 000336016 4 000338777 3 000341183 2 000394454 8 000426361 13 000440886 1 000443210 1 1 000445593 000445598 1 000487353 2 12 Cases 45 Violations $6,680.15 $5,216.26 $1,082.53 $3,176.53 $2,192.57 $4,640.20 $1,809.40 $117.53 $117.52 $116.00 $6,029.00 $242.00 $31,419.69 Sum of Owed Jillean Justice (Controller ID: 0091855)&James Justice(Controller ID: C04355) MSHA Debt Case 7:19-cv-00354-GEC Document 1-2 Filed 05/07/19 Page 24 of 24 Pageid#: 37 000384180 000405561 000445831 000366459 000399119 000445821 000445830 0112288 0112288 0112288 0112288 0112288 0112288 0112288 Violator Name Vir inia Fuels Cor oration Vir inia Fuels Corporation Vir inia Fuels Cor oration Vir inia Fuels Corporation Vir inia Fuels Cor oration Vir inia Fuels Corporation Vir inia Fuels Cor ration Totals Assessment Violator ~p Case Number 4406947 4407275 4407275 4406230 4406230 4406230 4407253 4 Mines Mine ID Count of Assessment Violation No Case Number (Assessed). 1 000384180 000405561 1 000445831 1 1 000366459 000399119 2 000445821 1 000445830 3 7 Cases 10 Violations $686.91 $103.95 $116.00 $224.00 $212.70 $116.00 $2,522.00 $3,981.56 Sum of Owed Jillean Justice (Controller iD: 0091855)&James Justice (Controller ID: C04355) MSHA Debt CIVIL COVER SHEET JS 44 (Rev. 06/17) 7:19cv354 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Krista Frith United States Attorneys Office 310 1st St. Rm 906, Roanoke, VA 24011 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) u 1 U.S. Government Plaintiff u 3 Federal Question (U.S. Government Not a Party) u 2 U.S. Government Defendant u 4 Diversity (Indicate Citizenship of Parties in Item III) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF Citizen of This State u 1 DEF u 1 Citizen of Another State u 2 u 2 Incorporated and Principal Place of Business In Another State u 5 u 5 Citizen or Subject of a Foreign Country u 3 u 3 Foreign Nation u 6 u 6 IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT u u u u u u u u u u u u u u u u u u u u u u u u u u u u REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property u u u u u u u PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State Click here for: Nature of Suit Code Descriptions. TORTS 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise Roanoke (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. FORFEITURE/PENALTY PERSONAL INJURY u 365 Personal Injury Product Liability u 367 Health Care/ Pharmaceutical Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: u 463 Alien Detainee u 510 Motions to Vacate Sentence u 530 General u 535 Death Penalty Other: u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition u 560 Civil Detainee Conditions of Confinement u 625 Drug Related Seizure of Property 21 USC 881 u 690 Other LABOR u 710 Fair Labor Standards Act u 720 Labor/Management Relations u 740 Railway Labor Act u 751 Family and Medical Leave Act u 790 Other Labor Litigation u 791 Employee Retirement Income Security Act BANKRUPTCY u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157 PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 835 Patent - Abbreviated New Drug Application u 840 Trademark SOCIAL SECURITY u 861 HIA (1395ff) u 862 Black Lung (923) u 863 DIWC/DIWW (405(g)) u 864 SSID Title XVI u 865 RSI (405(g)) FEDERAL TAX SUITS u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRS—Third Party 26 USC 7609 IMMIGRATION u 462 Naturalization Application u 465 Other Immigration Actions OTHER STATUTES u 375 False Claims Act u 376 Qui Tam (31 USC 3729(a)) u 400 State Reapportionment u 410 Antitrust u 430 Banks and Banking u 450 Commerce u 460 Deportation u 470 Racketeer Influenced and Corrupt Organizations u 480 Consumer Credit u 490 Cable/Sat TV u 850 Securities/Commodities/ Exchange u 890 Other Statutory Actions u 891 Agricultural Acts u 893 Environmental Matters u 895 Freedom of Information Act u 896 Arbitration u 899 Administrative Procedure Act/Review or Appeal of Agency Decision u 950 Constitutionality of State Statutes V. ORIGIN (Place an “X” in One Box Only) u 1 Original Proceeding u 2 Removed from State Court u 3 Remanded from Appellate Court u 4 Reinstated or Reopened u 5 Transferred from Another District u 6 Multidistrict Litigation Transfer (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): u 8 Multidistrict Litigation Direct File 30 U.S.C. 801 and 28 U.S.C. 3001 VI. CAUSE OF ACTION Brief description of cause: Suit to enforce collection of civil penalties and interest against the defendants for failure to pay Mine Act violations. u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DATE DEMAND $ 4,776,370.40 CHECK YES only if demanded in complaint: u Yes u No JURY DEMAND: DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD /s/Krista Consiglio Frith 05/07/2019 FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP 1-3 Filed 05/07/19 JUDGE Conrad JUDGE Case 7:19-cv-00354-GEC Document Page 1 of 1MAG. Pageid#: 38