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This case was last updated from PACER on 11/25/2020 at 07:56:17 (UTC).

Terrell v. Armstead et al

Case Summary

On 09/26/2020 Terrell filed a Civil Right - Other Civil Right lawsuit against Armstead. This case was filed in U.S. District Courts, West Virginia Southern District. The Judge overseeing this case is Thomas E. Johnston. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:20-CV-00641

  • Filing Date:

    09/26/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    West Virginia Southern District

Judge Details

Presiding Judge

Thomas E. Johnston

 

Party Details

Petitioners

Barbara Terrell

Barbara Renner

Respondents

Evan H. Jenkins

Elizabeth D. Walker

Supreme Court of Appeals of West Virginia

Tim Armstead

Attorney/Law Firm Details

Petitioner Attorney

Richard A. Robb

P. O. Box 8747

South Charleston, WV 25303

Respondent Attorney

Teresa J. Lyons

Attorney at HEDGES & LYONS

141 Walnut Street

Morgantown, WV 26505

 

Court Documents

16 #2

Return Receipt for Evan H. Jenkins

16 #1

Return Receipt for Elizabeth D. Walker

#16

(#16) SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker, re: #1 Petition for Declaratory Judgment. Tim Armstead served on 10/29/2020, answer due 11/19/2020; Evan H. Jenkins served on 10/28/2020, answer due 11/18/2020; Elizabeth D. Walker served on 10/28/2020, answer due 11/18/2020. (Attachments: #1 Return Receipt for Elizabeth D. Walker, #2 Return Receipt for Evan H. Jenkins) (kew)

#15

(#15) RULE 26(f) REPORT OF PLANNING MEETING by Tim Armstead, Evan H. Jenkins, Supreme Court of Appeals of West Virginia, Elizabeth D. Walker, Barbara Terrell. (Lyons, Teresa) (Modified on 11/17/2020 to add party filer)(ts).

14 #1

Exhibit

#14

(#14) REPLY by Tim Armstead, Evan H. Jenkins, Supreme Court of Appeals of West Virginia, Elizabeth D. Walker to #11 Response In Opposition. (Attachment: #1 Exhibits 1-2)(Lyons, Teresa)

#13

(#13) ORDER AND NOTICE: Rule 12(b) Motions 11/17/2020. Rule 26(f) Meeting 12/1/2020. Last day to file report of Rule 26(f) Meeting 12/8/2020. Telephonic Scheduling Conference at 02:30 PM on 12/15/2020. Entry of Scheduling Order 12/21/2020. Last Day to make Rule 26(a)(1) disclosures 12/29/2020. Signed by Judge Thomas E. Johnston on 10/27/2020. (cc: counsel of record; any unrepresented party) (mk)

#12

(#12) SUMMONS RETURNED EXECUTED for Evan H. Jenkins, Evan H. Jenkins served on 9/30/2020, answer due 10/21/2020. (Robb, Richard)

#11

(#11) RESPONSE by Barbara Terrell in opposition to #5 MOTION by Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker to Dismiss #1 Petition (Robb, Richard) (Modified on 10/27/2020 to remove link to #6 memorandum in support) (ts).

10 #2

Certified Mail Receipts

#10

(#10) SUMMONS ISSUED by the Clerk of Court via Certified Mail as to Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker, re: #1 Petition for Declaratory Judgment. Summons returnable 21 days. (Attachment: #2 Certified Mail Receipts) (kew) (Modified on 10/27/2020 correct date on summonses and replace images and to add certified mail receipts) (kew).

5 #1

Exhibit

#5

(#5) MOTION by Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker to Dismiss #1 Petition. (Attachment: #1 Exhibit 1)(Lyons, Teresa) (Modified on 10/20/2020 to add link to #1 petition and to remove party filer) (ts).

1 #4

Civil Cover Sheet

1 #3

Proposed Summons as to Elizabeth D. Walker

1 #2

Proposed Summons as to Evan H. Jenkins

1 #1

Proposed Summons as to Tim Armstead

#1

(#1) PETITION FOR DECLARATORY JUDGMENT AND INJUNCTION NUNC PRO TUNC. Filing Fee $400.00. Receipt # AWVSDC-7750451. (Attachments: #1 Proposed Summons as to Tim Armstead, #2 Proposed Summons as to Evan H. Jenkins, #3 Proposed Summons as to Elizabeth D. Walker, #4 Civil Cover Sheet) (kew) (Entered: 09/28/2020)

25 More Documents Available

 

Docket Entries

  • 11/18/2020
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  • Docket(#16) SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker, re: #1 Petition for Declaratory Judgment. Tim Armstead served on 10/29/2020, answer due 11/19/2020; Evan H. Jenkins served on 10/28/2020, answer due 11/18/2020; Elizabeth D. Walker served on 10/28/2020, answer due 11/18/2020. (Attachments: #1 Return Receipt for Elizabeth D. Walker, #2 Return Receipt for Evan H. Jenkins) (kew)

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  • 11/16/2020
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  • Docket(#15) RULE 26(f) REPORT OF PLANNING MEETING by Tim Armstead, Evan H. Jenkins, Supreme Court of Appeals of West Virginia, Elizabeth D. Walker, Barbara Terrell. (Lyons, Teresa) (Modified on 11/17/2020 to add party filer)(ts).

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  • 11/04/2020
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  • Docket(#14) REPLY by Tim Armstead, Evan H. Jenkins, Supreme Court of Appeals of West Virginia, Elizabeth D. Walker to #11 Response In Opposition. (Attachment: #1 Exhibits 1-2)(Lyons, Teresa)

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  • 10/27/2020
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  • Docket(#13) ORDER AND NOTICE: Rule 12(b) Motions 11/17/2020. Rule 26(f) Meeting 12/1/2020. Last day to file report of Rule 26(f) Meeting 12/8/2020. Telephonic Scheduling Conference at 02:30 PM on 12/15/2020. Entry of Scheduling Order 12/21/2020. Last Day to make Rule 26(a)(1) disclosures 12/29/2020. Signed by Judge Thomas E. Johnston on 10/27/2020. (cc: counsel of record; any unrepresented party) (mk)

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  • 10/26/2020
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  • Docket(#12) SUMMONS RETURNED EXECUTED for Evan H. Jenkins, Evan H. Jenkins served on 9/30/2020, answer due 10/21/2020. (Robb, Richard)

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  • 10/26/2020
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  • Docket(#11) RESPONSE by Barbara Terrell in opposition to #5 MOTION by Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker to Dismiss #1 Petition (Robb, Richard) (Modified on 10/27/2020 to remove link to #6 memorandum in support) (ts).

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  • 10/26/2020
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  • Docket(#10) SUMMONS ISSUED by the Clerk of Court via Certified Mail as to Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker, re: #1 Petition for Declaratory Judgment. Summons returnable 21 days. (Attachment: #2 Certified Mail Receipts) (kew) (Modified on 10/27/2020 correct date on summonses and replace images and to add certified mail receipts) (kew).

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  • 10/23/2020
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  • Docket(#9) LETTER TO CLERK from Barbara Terrell requesting issuance of Service by First Class Mail Upon Tim Armstead, Elizabeth Walker, Even Jenkins (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Robb, Richard) (Modified on 10/26/2020 to convert event to notice (other)) (ts)

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  • 10/23/2020
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  • Docket(#8) SUMMONS RETURNED EXECUTED for Tim Armstead, Tim Armstead served on 9/30/2020, answer due 10/21/2020. (Robb, Richard)

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  • 10/23/2020
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  • Docket(#7) SUMMONS RETURNED EXECUTED by Personal Service for Elizabeth D. Walker. Elizabeth D. Walker served on 9/30/2020, answer due 10/21/2020. Summons served on Elizabeth Walker. (Robb, Richard)

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  • 10/19/2020
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  • Docket(#6) MEMORANDUM OF LAW by Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker in support of #5 MOTION by Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker to Dismiss #1 Petition. (Lyons, Teresa) (Modified on 10/20/2020 to remove party filer) (ts)

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  • 10/19/2020
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  • Docket(#5) MOTION by Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker to Dismiss #1 Petition. (Attachment: #1 Exhibit 1)(Lyons, Teresa) (Modified on 10/20/2020 to add link to #1 petition and to remove party filer) (ts).

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  • 10/09/2020
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  • Docket(#4) NOTICE OF APPEARANCE by Teresa J. Lyons on behalf of Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker. (Lyons, Teresa) (Modified on 10/12/2020 to remove party filer)(ts).

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  • 09/29/2020
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  • Docket(#3) STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)

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  • 09/28/2020
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  • Docket(#2) ELECTRONIC SUMMONS ISSUED as to Tim Armstead, Evan H. Jenkins, Elizabeth D. Walker, re: #1 Petition for Declaratory Judgment. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons as to Evan H. Jenkins, #2 Summons as to Elizabeth D. Walker) (kew)

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  • 09/26/2020
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  • Docket(#1) PETITION FOR DECLARATORY JUDGMENT AND INJUNCTION NUNC PRO TUNC. Filing Fee $400.00. Receipt # AWVSDC-7750451. (Attachments: #1 Proposed Summons as to Tim Armstead, #2 Proposed Summons as to Evan H. Jenkins, #3 Proposed Summons as to Elizabeth D. Walker, #4 Civil Cover Sheet) (kew) (Entered: 09/28/2020)

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