This case was last updated from U.S. District Courts on 10/31/2021 at 09:27:55 (UTC).

Horn et al v. Nelson Tree Service, LLC et al

Case Summary

On 09/01/2021 Horn filed a Personal Injury - Other Personal Injury lawsuit against Nelson Tree Service, LLC. This case was filed in U.S. District Courts, West Virginia Southern District Court. The Judge overseeing this case is Irene C. Berger. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00490

  • Filing Date:

    09/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

Irene C. Berger

 

Party Details

Plaintiffs

Larry Horn

Tracy Horn

Defendants

Nelson Tree Service, LLC

Abraham B. Harris

Appalachian Power Company an Ohio Corporation doing business as American Electric Power

Attorney/Law Firm Details

Plaintiff Attorney

J. Ryan Stewart

Attorney at BUCCI BAILEY & JAVINS

P. O. Box 3712

Charleston, WV 25337-3712

Defendant Attorneys

Ashley W. French

Attorney at CIPRIANI & WERNER

Suite 900, 500 Lee Street East

Charleston, WV 25301

Cy A. Hill, Jr.

Attorney at CIPRIANI & WERNER

Suite 900, 500 Lee Street East

Charleston, WV 25301

Brian R. Swiger

Attorney at BAILEY & GLASSER

209 Capitol Street

Charleston, WV 25301-1386

John A. Budig

Attorney at BAILEY & GLASSER

209 Capitol Street

Charleston, WV 25301-1386

Rebecca L. Donnellan-Pomeroy

Attorney at BAILEY & GLASSER

P. O. Box 326

Bridgeport, WV 26330

 

Court Documents

#21

(#21) NOTICE OF SETTLEMENT by Nelson Tree Service, LLC, Abraham B. Harris. (Hill, Cy) (Modified on 10/15/2021 to add party filer) (kew).

20 #2

Exhibit B

20 #1

Exhibit A

#20

(#20) REPLY by Larry Horn, Tracy Horn to #16 and #17 Responses In Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stewart, J.)

#19

(#19) SCHEDULING ORDER directing that the Scheduling Conference previously scheduled for 10/21/2021 is cancelled and this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 1/31/2022. Last date to serve discovery requests - 8/31/2022. All discovery to be completed - 9/28/2022. Last date to complete depositions - 10/26/2022. Opening Rule 26 expert disclosures - 8/3/2022. Responsive Rule 26 expert disclosures - 8/31/2022. Rebuttal Rule 26 expert disclosure - 9/28/2022. Dispositive motions deadline - 11/30/2022. Responses to dispositive motions are due within 14 days, with replies due within 7 days. Settlement Meeting must be held 45 days prior to Pretrial Conference. Mediation must be concluded 30 days prior to Pretrial Conference. A written status report is due within 5 days of completion of mediation. If the case is not settled, all Rule 26(a)(3) disclosures are due 30 days prior to Pretrial Conference. Motions in limine deadline - 12/2/2022. Responses for motions in limine - 12/9/2022. Proposed voir dire, jury instructions, and verdict form - 1/23/2023. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 1/19/2023, Integrated pretrial order - 1/26/2023. Pretrial Conference/Final Settlement Conference on 2/2/2023 at 9:00 AM. Trial on 2/13/2023 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 10/8/2021. (cc: counsel of record; any unrepresented party) (mfo)

#18

(#18) RULE 26(f) REPORT OF PLANNING MEETING by Nelson Tree Service, LLC, Larry Horn, Tracy Horn, Abraham B. Harris, Appalachian Power Company. (French, Ashley) (Modified on 10/8/2021 to add party filers) (kew).

#17

(#17) RESPONSE by Nelson Tree Service, LLC, Abraham B. Harris in opposition to #9 MOTION by Larry Horn, Tracy Horn to Remand Case to Circuit Court of Kanawha County County. (Hill, Cy) (Modified on 10/6/2021 to remove link to #10 memorandum and to add party filer) (kew).

#16

(#16) RESPONSE by Appalachian Power Company in opposition to #9 MOTION by Larry Horn, Tracy Horn to Remand Case to Circuit Court of Kanawha County County (Donnellan-Pomeroy, Rebecca)

#9

(#16) RESPONSE by Appalachian Power Company in opposition to #9 MOTION by Larry Horn, Tracy Horn to Remand Case to Circuit Court of Kanawha County County (Donnellan-Pomeroy, Rebecca)

#7

(#7) MEMORANDUM OF LAW by Nelson Tree Service, LLC, Abraham B. Harris in support of #6 MOTION by Nelson Tree Service, LLC, Abraham B. Harris to Dismiss Complaint. (Hill, Cy) (Modified on 9/9/2021 to add party filer) (kew).

6 #1

Exhibit 1

#6

(#12) MEMORANDUM OF LAW by Larry Horn, Tracy Horn in support of #11 MOTION by Larry Horn, Tracy Horn to Stay #6 MOTION by Nelson Tree Service, LLC, Abraham B. Harris to Dismiss Complaint. (Stewart, J.)

#5

(#5) ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Nelson Tree Service, LLC, Abraham B. Harris. (Hill, Cy) (Modified on 9/9/2021 to add link to #1 notice of removal, to add jury demand and to add party filer) (kew).

#4

(#4) ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc)

#3

(#3) ORDER AND NOTICE: Motions under FR Civ P 12(b) - 9/23/2021. Last day for Rule 26(f) meeting - 9/30/2021. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 10/7/2021. Scheduling Conference at 2:30 p.m. in Charleston, West Virginia on 10/21/2021, before the undersigned, unless cancelled. Entry of Scheduling Order - 10/28/2021. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 11/4/2021. Signed by Judge Irene C. Berger on 9/3/2021. (cc: counsel of record; any unrepresented parties) (msa)

1 #2

Civil Cover Sheet

1 #1

Exhibit A

#1

(#8) ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Appalachian Power Company. (Donnellan-Pomeroy, Rebecca)

24 More Documents Available

 

Docket Entries

  • 10/14/2021
  • View Court Documents
  • Docket(#21) NOTICE OF SETTLEMENT by Nelson Tree Service, LLC, Abraham B. Harris. (Hill, Cy) (Modified on 10/15/2021 to add party filer) (kew).

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • Docket(#20) REPLY by Larry Horn, Tracy Horn to #16 and #17 Responses In Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stewart, J.)

    Read MoreRead Less
  • 10/08/2021
  • View Court Documents
  • Docket(#19) SCHEDULING ORDER directing that the Scheduling Conference previously scheduled for 10/21/2021 is cancelled and this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 1/31/2022. Last date to serve discovery requests - 8/31/2022. All discovery to be completed - 9/28/2022. Last date to complete depositions - 10/26/2022. Opening Rule 26 expert disclosures - 8/3/2022. Responsive Rule 26 expert disclosures - 8/31/2022. Rebuttal Rule 26 expert disclosure - 9/28/2022. Dispositive motions deadline - 11/30/2022. Responses to dispositive motions are due within 14 days, with replies due within 7 days. Settlement Meeting must be held 45 days prior to Pretrial Conference. Mediation must be concluded 30 days prior to Pretrial Conference. A written status report is due within 5 days of completion of mediation. If the case is not settled, all Rule 26(a)(3) disclosures are due 30 days prior to Pretrial Conference. Motions in limine deadline - 12/2/2022. Responses for motions in limine - 12/9/2022. Proposed voir dire, jury instructions, and verdict form - 1/23/2023. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 1/19/2023, Integrated pretrial order - 1/26/2023. Pretrial Conference/Final Settlement Conference on 2/2/2023 at 9:00 AM. Trial on 2/13/2023 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 10/8/2021. (cc: counsel of record; any unrepresented party) (mfo)

    Read MoreRead Less
  • 10/07/2021
  • View Court Documents
  • Docket(#18) RULE 26(f) REPORT OF PLANNING MEETING by Nelson Tree Service, LLC, Larry Horn, Tracy Horn, Abraham B. Harris, Appalachian Power Company. (French, Ashley) (Modified on 10/8/2021 to add party filers) (kew).

    Read MoreRead Less
  • 10/06/2021
  • View Court Documents
  • Docket(#17) RESPONSE by Nelson Tree Service, LLC, Abraham B. Harris in opposition to #9 MOTION by Larry Horn, Tracy Horn to Remand Case to Circuit Court of Kanawha County County. (Hill, Cy) (Modified on 10/6/2021 to remove link to #10 memorandum and to add party filer) (kew).

    Read MoreRead Less
  • 10/06/2021
  • View Court Documents
  • Docket(#16) RESPONSE by Appalachian Power Company in opposition to #9 MOTION by Larry Horn, Tracy Horn to Remand Case to Circuit Court of Kanawha County County (Donnellan-Pomeroy, Rebecca)

    Read MoreRead Less
  • 09/29/2021
  • View Court Documents
  • Docket(#15) REPLY by Nelson Tree Service, LLC, Abraham B. Harris to #13 Response In Opposition. (Hill, Cy) (Modified on 9/30/2021 to add party filer) (kew).

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  • 09/28/2021
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  • Docket(#14) DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Appalachian Power Company (Donnellan-Pomeroy, Rebecca)

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  • 09/22/2021
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  • Docket(#13) RESPONSE by Larry Horn, Tracy Horn in opposition to #6 MOTION by Nelson Tree Service, LLC, Abraham B. Harris to Dismiss Complaint. (Attachment: #1 Exhibit A)(Stewart, J.) (Modified on 9/23/2021 to remove link to #7 memorandum) (kew).

    Read MoreRead Less
  • 09/22/2021
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  • Docket(#12) MEMORANDUM OF LAW by Larry Horn, Tracy Horn in support of #11 MOTION by Larry Horn, Tracy Horn to Stay #6 MOTION by Nelson Tree Service, LLC, Abraham B. Harris to Dismiss Complaint. (Stewart, J.)

    Read MoreRead Less
3 More Docket Entries
  • 09/13/2021
  • View Court Documents
  • Docket(#8) ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Appalachian Power Company. (Donnellan-Pomeroy, Rebecca)

    Read MoreRead Less
  • 09/08/2021
  • View Court Documents
  • Docket(#7) MEMORANDUM OF LAW by Nelson Tree Service, LLC, Abraham B. Harris in support of #6 MOTION by Nelson Tree Service, LLC, Abraham B. Harris to Dismiss Complaint. (Hill, Cy) (Modified on 9/9/2021 to add party filer) (kew).

    Read MoreRead Less
  • 09/08/2021
  • View Court Documents
  • Docket(#6) MOTION by Nelson Tree Service, LLC, Abraham B. Harris to Dismiss Complaint Attached to #1 Notice of Removal. (Attachment: #1 Exhibit 1)(Hill, Cy) (Modified on 9/9/2021 to add link to #1 notice of removal and to add party filer) (kew).

    Read MoreRead Less
  • 09/08/2021
  • View Court Documents
  • Docket(#5) ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Nelson Tree Service, LLC, Abraham B. Harris. (Hill, Cy) (Modified on 9/9/2021 to add link to #1 notice of removal, to add jury demand and to add party filer) (kew).

    Read MoreRead Less
  • 09/03/2021
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  • Docket(#4) ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc)

    Read MoreRead Less
  • 09/03/2021
  • DocketNOTICE OF DOCKET CORRECTION re: #2 Standing Order. ERROR: Incorrect event used. CORRECTION: Image removed. (mk)

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  • 09/03/2021
  • View Court Documents
  • Docket(#3) ORDER AND NOTICE: Motions under FR Civ P 12(b) - 9/23/2021. Last day for Rule 26(f) meeting - 9/30/2021. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 10/7/2021. Scheduling Conference at 2:30 p.m. in Charleston, West Virginia on 10/21/2021, before the undersigned, unless cancelled. Entry of Scheduling Order - 10/28/2021. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 11/4/2021. Signed by Judge Irene C. Berger on 9/3/2021. (cc: counsel of record; any unrepresented parties) (msa)

    Read MoreRead Less
  • 09/02/2021
  • Docket(#2) INCORRECT ENTRY; IMAGE REMOVED. (Modified on 9/3/2021 to remove image filed using incorrect event (mk).

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  • 09/01/2021
  • DocketCASE assigned to Judge Irene C. Berger. (klc) (Entered: 09/02/2021)

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  • 09/01/2021
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  • Docket(#1) NOTICE OF REMOVAL by Nelson Tree Service, LLC with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Kanawha County. Filing Fee $402.00. Receipt # AWVSDC-8024084. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (mms) (Entered: 09/02/2021)

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