This case was last updated from PACER on 07/18/2020 at 12:42:01 (UTC).

Miller v. St. Barbara's Memorial Nursing Home, Inc.

Case Summary

On 05/19/2020 Miller filed a Labor - Family & Medical Leave lawsuit against St Barbara's Memorial Nursing Home, Inc. This case was filed in U.S. District Courts, West Virginia Northern District. The Judges overseeing this case are Irene M. Keeley and John Preston Bailey. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-00095

  • Filing Date:

    05/19/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Family & Medical Leave

  • Court:

    U.S. District Courts

  • Courthouse:

    West Virginia Northern District

Judge Details

Presiding Judges

Irene M. Keeley

John Preston Bailey

 

Party Details

Plaintiff

Marina Miller

Defendant

St. Barbara's Memorial Nursing Home, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Karl J. Kolenich

Attorney at Klie Law Offices, P.L.L.C.

85 West Main Street

Buckhannon, WV 26201

Defendant Attorneys

C. David Morrison

Attorney at Steptoe & Johnson PLLC - Bridgeport

400 White Oaks Blvd

Bridgeport, WV 26330

Bonnie Jean Thomas

Attorney at Steptoe & Johnson PLLC - Bridgeport

400 White Oaks Blvd

Bridgeport, WV 26330

 

Court Documents

#18

(#18) Proposed Agreed Protective Order by St. Barbara's Memorial Nursing Home, Inc.. (Morrison, C.) (Entered: 07/17/2020)

#17

(#17) CERTIFICATE OF SERVICE by Marina Miller for "Plaintiff's Initial Disclosures". (Kolenich, Karl) (Entered: 07/16/2020)

#16

(#16) CERTIFICATE OF SERVICE by St. Barbara's Memorial Nursing Home, Inc. Defendant St. Barbara's Nursing Home Rule 26(a)(1) Initial Disclosures. (Morrison, C.) (Entered: 07/10/2020)

#15

(#15) ORDER DISMISSING COUNT THREE OF THE COMPLAINT granting Defendant's #3 Motion to Dismiss Count Three. Signed by District Judge John Preston Bailey on 6/30/20. (mh) (Entered: 06/30/2020)

#13

(#13) CERTIFICATE OF SERVICE by St. Barbara's Memorial Nursing Home, Inc. Defendant's First Set of Interrogatories to Plaintiff. (Morrison, C.) (Entered: 06/26/2020)

#12

(#12) SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 8/3/2020. Discovery due by 2/8/2021. Motions due by 3/1/2021. Responses due by 3/22/2021. Replies due by 4/2/2021. Proposed Pretrial Order due by 4/19/2021. Final Pretrial Conference set for 5/3/2021 02:00 PM in Elkins District Judge Courtroom, 2nd Floor before District Judge John Preston Bailey. Jury Selection and Jury Trial set (3 days)for 5/11/2021 09:00 AM in Elkins District Judge Courtroom, 2nd Floor before District Judge John Preston Bailey. Signed by District Judge John Preston Bailey on 6/17/2020. (copy counsel of record)(jmm) (Entered: 06/17/2020)

#11

(#11) REPORT of Rule 26(f) Planning Meeting. (Thomas, Bonnie) (Entered: 06/16/2020)

#10

(#10) REPLY to Response to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Count III filed by St. Barbara's Memorial Nursing Home, Inc.. (Thomas, Bonnie) (Entered: 05/29/2020)

#9

(#9) CERTIFIED STATE COURT RECORD from Circuit Court Of Marion County. (jmm) (Entered: 05/26/2020)

#8

(#8) RESPONSE to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Count III filed by Marina Miller. (Kolenich, Karl) (Entered: 05/22/2020)

#7

(#7) FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 6/18/2020. Rule 26 Meeting Report due by 7/2/2020. Discovery due by 7/16/2020. Signed by District Judge John Preston Bailey on 5/21/2020 (copy counsel of record) (jmm) (Entered: 05/21/2020)

#6

(#6) ORDER that the above-styled civil action be transferred to and placed on the docket of the Honorable John Preston Bailey, District Judge for all further proceedings. Senior Judge Irene M. Keeley no longer assigned to case Signed by Senior Judge Irene M. Keeley on 5/20/2020. (copy counsel of record)(jmm) (Entered: 05/20/2020)

#5

(#5) Corporate Disclosure Statement by St. Barbara's Memorial Nursing Home, Inc.. (Morrison, C.) (Entered: 05/19/2020)

4 #1

Exhibit 1

#4

(#4) MEMORANDUM IN Support of Defendant's Motion to Dismiss Count III by St. Barbara's Memorial Nursing Home, Inc. re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Count III . (Attachments: #1 Exhibit 1)(Morrison, C.) (Entered: 05/19/2020)

#3

(#3) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Count III by St. Barbara's Memorial Nursing Home, Inc.. (Morrison, C.) (Entered: 05/19/2020)

#2

(#2) ANSWER to Complaint by St. Barbara's Memorial Nursing Home, Inc..(Morrison, C.) (Entered: 05/19/2020)

#1

(#1) NOTICE OF REMOVAL with State Court Papers from Marion County Circuit Court, (case number 20-C-55), filed by St. Barbara's Memorial Nursing Home, Inc. Filing Fee $400. Receipt #0424-3043079 (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - State Court Docket Sheet, #3 Proof of Notice of Removal, #4 Civil Cover Sheet)(mh) (Entered: 05/19/2020)

12 More Documents Available

 

Docket Entries

  • 07/17/2020
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  • Docket(#18) Proposed Agreed Protective Order by St. Barbara's Memorial Nursing Home, Inc.. (Morrison, C.) (Entered: 07/17/2020)

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  • 07/16/2020
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  • Docket(#17) CERTIFICATE OF SERVICE by Marina Miller for "Plaintiff's Initial Disclosures". (Kolenich, Karl) (Entered: 07/16/2020)

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  • 07/10/2020
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  • Docket(#16) CERTIFICATE OF SERVICE by St. Barbara's Memorial Nursing Home, Inc. Defendant St. Barbara's Nursing Home Rule 26(a)(1) Initial Disclosures. (Morrison, C.) (Entered: 07/10/2020)

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  • 06/30/2020
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  • Docket(#15) ORDER DISMISSING COUNT THREE OF THE COMPLAINT granting Defendant's #3 Motion to Dismiss Count Three. Signed by District Judge John Preston Bailey on 6/30/20. (mh) (Entered: 06/30/2020)

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  • 06/26/2020
  • Docket(#14) CERTIFICATE OF SERVICE by St. Barbara's Memorial Nursing Home, Inc. Defendant's First Set of Requests for Production of Documents to Plaintiff. (Morrison, C.) (Entered: 06/26/2020)

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  • 06/26/2020
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  • Docket(#13) CERTIFICATE OF SERVICE by St. Barbara's Memorial Nursing Home, Inc. Defendant's First Set of Interrogatories to Plaintiff. (Morrison, C.) (Entered: 06/26/2020)

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  • 06/17/2020
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  • Docket(#12) SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 8/3/2020. Discovery due by 2/8/2021. Motions due by 3/1/2021. Responses due by 3/22/2021. Replies due by 4/2/2021. Proposed Pretrial Order due by 4/19/2021. Final Pretrial Conference set for 5/3/2021 02:00 PM in Elkins District Judge Courtroom, 2nd Floor before District Judge John Preston Bailey. Jury Selection and Jury Trial set (3 days)for 5/11/2021 09:00 AM in Elkins District Judge Courtroom, 2nd Floor before District Judge John Preston Bailey. Signed by District Judge John Preston Bailey on 6/17/2020. (copy counsel of record)(jmm) (Entered: 06/17/2020)

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  • 06/16/2020
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  • Docket(#11) REPORT of Rule 26(f) Planning Meeting. (Thomas, Bonnie) (Entered: 06/16/2020)

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  • 05/29/2020
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  • Docket(#10) REPLY to Response to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Count III filed by St. Barbara's Memorial Nursing Home, Inc.. (Thomas, Bonnie) (Entered: 05/29/2020)

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  • 05/26/2020
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  • Docket(#9) CERTIFIED STATE COURT RECORD from Circuit Court Of Marion County. (jmm) (Entered: 05/26/2020)

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  • 05/22/2020
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  • Docket(#8) RESPONSE to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Count III filed by Marina Miller. (Kolenich, Karl) (Entered: 05/22/2020)

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  • 05/21/2020
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  • Docket(#7) FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 6/18/2020. Rule 26 Meeting Report due by 7/2/2020. Discovery due by 7/16/2020. Signed by District Judge John Preston Bailey on 5/21/2020 (copy counsel of record) (jmm) (Entered: 05/21/2020)

    Read MoreRead Less
  • 05/20/2020
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  • Docket(#6) ORDER that the above-styled civil action be transferred to and placed on the docket of the Honorable John Preston Bailey, District Judge for all further proceedings. Senior Judge Irene M. Keeley no longer assigned to case Signed by Senior Judge Irene M. Keeley on 5/20/2020. (copy counsel of record)(jmm) (Entered: 05/20/2020)

    Read MoreRead Less
  • 05/19/2020
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  • Docket(#5) Corporate Disclosure Statement by St. Barbara's Memorial Nursing Home, Inc.. (Morrison, C.) (Entered: 05/19/2020)

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  • 05/19/2020
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  • Docket(#4) MEMORANDUM IN Support of Defendant's Motion to Dismiss Count III by St. Barbara's Memorial Nursing Home, Inc. re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Count III . (Attachments: #1 Exhibit 1)(Morrison, C.) (Entered: 05/19/2020)

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  • 05/19/2020
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  • Docket(#3) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Count III by St. Barbara's Memorial Nursing Home, Inc.. (Morrison, C.) (Entered: 05/19/2020)

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  • 05/19/2020
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  • Docket(#2) ANSWER to Complaint by St. Barbara's Memorial Nursing Home, Inc..(Morrison, C.) (Entered: 05/19/2020)

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  • 05/19/2020
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  • Docket(#1) NOTICE OF REMOVAL with State Court Papers from Marion County Circuit Court, (case number 20-C-55), filed by St. Barbara's Memorial Nursing Home, Inc. Filing Fee $400. Receipt #0424-3043079 (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - State Court Docket Sheet, #3 Proof of Notice of Removal, #4 Civil Cover Sheet)(mh) (Entered: 05/19/2020)

    Read MoreRead Less