District Court, N.D. West Virginia July 3, 2013, Civil Action No. 5:12CV92 (Clay v. Consol Pennsylvania Coal Co.)

MEMORANDUM OPINION AND ORDER CONFIRMING PRONOUNCED ORDER OF THE COURT DENYING DEFENDANTS’ MOTION TO DISMISS THE ORIGINAL COMPLAINT AS MOOT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT1

FREDERICK P. STAMP, JR., District Judge.

I. Background

On June 21, 2012, the plaintiff, Tony B.