Xcoal Energy & Resources v. Acciaierie D'Italia S.P.A.

Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
XCOAL ENERGY & RESOURCES, )
)
Plaintiff/ )
Counter-Claim Defendant, )
)
v. ) CIV. ACT. NO. 1:23-cv-361-TFM-C
)
ACCIAIERIE D’ITALIA S.P.A., )
)
Defendant/ )
Counter-Claim Plaintiff, )
)
JAVELIN GLOBAL COMMODITIES )
(UK) LTD., )
)
Intervenor/Plaintiff. )
MEMORANDUM OPINION AND ORDER
On February 7, 2025, the Magistrate Judge entered a report and recommendation addressed
two separate issues. See Doc. 153. Specifically, the Report and Recommendation (“R&R”)
addressed two pending motions: (1) the Motion to Dismiss and In The Alternative Motion for
Judgment on the Pleadings (Doc. 119) filed by the Plaintiff/Counter-Claim Defendant, Xcoal
Energy and Resources (“Xcoal”), against Intervenor/Plaintiff, Javelin Global Commodities, (UK)
LTD. (“Javelin”), and (2) the Motion to Stay and Compel Arbitration (Doc. 126) filed by Xcoal
against the Defendant/Counter-Claim Plaintiff, Acciaierie D’Italia S.P.A. (“ADI”). Objections
were filed by ADI as to the R&R on the second motion (see Doc. 154), XCoal timely filed its
response to ADI’s objections (see Doc. 156), and ADI filed its reply brief on the objections (see
Doc. 159). No objections were filed as they related to XCoal’s motion to dismiss/alternative
motion for judgment on the pleadings as it related to Javelin.
On April 28, 2025, XCoal and ADI notified the Court they had reached a resolution as to
Case 1:23-cv-00361-TFM-C Doc# 201 Filed 07/30/25 Page 1 of 3 PageID#
<pageID>

Page 2 of 3
the claims between them and through their joint motion to dismiss identified motions and pleadings
that had been rendered moot. See Doc. 173 at 3. In footnote 1 they stated “[t]he entirety of mooted
motions and associated pleadings are as follows:”
. . .
153 REPORT AND RECOMMENDATION, recommending that the 119 Motion to
Dismiss and in the Alternative Motion for Judgment on the Pleadings be DENIED;
and that the 126 Motion to Stay and Compel Arbitration be GRANTED. Objections to
R&R due 14 days from the date of service of this document. Signed by Magistrate
Judge William E. Cassady on 2/7/2025. (mab) (Entered: 02/07/2025)
. . .
Doc. 173 at 3, n. 1. Therefore, the Court terminated the pending R&R on May 2, 2025 in
accordance with the joint motion to dismiss. See Doc. 175. However, after a review of the pending
motions and docket sheet, the Court later determined that the R&R was terminated prematurely
because it also dealt with the motion to dismiss relating to XCoal and Javelin which was not
mooted by the settlement between XCoal and ADI. Therefore, the Court had the R&R reinstated
to address the remaining motion. See Doc. 200.
Turning to the remaining motion addressed in the R&R, the Motion to Dismiss and In The
Alternative Motion for Judgment on the Pleadings (Doc. 119), there were no objections filed by
either XCoal or Javelin as to this portion of the R&R, so it does not receive a de novo review.
After due and proper consideration of all portions of this file deemed relevant to the issues raised,
and there having been no objections filed to the only issues that remain, the Report and
Recommendation (Doc. 153) of the Magistrate Judge is ADOPTED. Accordingly, the Motion to
Dismiss and In The Alternative Motion for Judgment on the Pleadings (Doc. 119) filed Xcoal
against Javelin is DENIED. The Motion to Stay and Compel Arbitration (Doc. 126) is DENIED
as moot based upon the settlement between XCoal and ADI and their prior representation that the
Case 1:23-cv-00361-TFM-C Doc# 201 Filed 07/30/25 Page 2 of 3 PageID#
<pageID>

Page 3 of 3
issue is moot.
This case is REFERRED BACK to the Magistrate Judge for further proceedings (see Doc.
147).
DONE and ORDERED this 30th day of July 2025.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
Case 1:23-cv-00361-TFM-C Doc# 201 Filed 07/30/25 Page 3 of 3 PageID#
<pageID>