West Virginia Southern District Court Records

(#15) ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL BY EQUIFAX INFORMATION SERVICES LLC.(ROSKOVENSKY, VINCENT)

(#14) PRO HAC VICE FEE IN THE SUM OF $50.00 RECEIVED FROM KARI MORRIGAN. RECEIPT NUMBER CHAR017262. (CC: ADMINISTRATIVE SERVICES) (MKW)

(#8) SCHEDULING ORDER: JOINDER OF PARTIES, AMENDED PLEADINGS DUE BY 3/30/2020. DISCOVERY REQUESTS TO BE COMPLETED BY 9/30/2020 AND ALL DEPOSITIONS BY 12/4/2020. EXPERT WITNESS LIST BY PARTIES BEARING THE BURDEN OF PROOF DUE BY 10/30/2020, BY PARTY NOT BEARING BURDEN OF PROOF DUE BY 11/27/2020, AND TO SOLELY CONTRADICT OR REBUT EVIDENCE DUE BY 12/18/2020. DISPOSITIVE MOTIONS EXCEPT THOSE FILED UNDER RULE 12(B) DUE BY 1/8/2021; ANY RESPONSE SHALL BE FILED WITHIN 14 DAYS OF THE FILING OF THE MOTION, WITH REPLIES DUE WITHIN 7 DAYS OF THE FILING OF THE RESPONSE. SETTLEMENT MEETING AND RULE 26(A)(3) DISCLOSURES BY 2/16/2021. PLAINTIFF'S PORTION OF PROPOSED PRETRIAL ORDER TO DEFENDANTS DUE BY 2/22/2021; PROPOSED INTEGRATED PRETRIAL ORDER DUE BY 3/1/2021. PRETRIAL CONFERENCE SET FOR 3/8/2021 AT 10:00 AM IN HUNTINGTON BEFORE JUDGE ROBERT C. CHAMBERS. PROPOSED JURY CHARGES DUE BY 3/16/2021. FINAL SETTLEMENT CONFERENCE AT 9:30 AM ON 3/22/2021 IN HUNTINGTON. TRIAL SET FOR 3/23/2021 AT 8:30 AM IN HUNTINGTON BEFORE JUDGE ROBERT C. CHAMBERS. THE COURT FURTHER CANCELS THE SCHEDULING CONFERENCE SET FOR 3/16/2020. SIGNED BY JUDGE ROBERT C. CHAMBERS ON 3/3/2020. (CC: COUNSEL OF RECORD; ANY UNREPRESENTED PARTIES) (JSA)

(#7) RULE 26(F) REPORT OF PLANNING MEETING BY CHRISTOPHER BURCH, ESCARGO LLC, FEDEX CUSTOM CRITICAL, INC. (GLYPTIS, PHILLIP)

(#14) ORDER: THE FOLLOWING DATES ARE HEREBY FIXED AS THE TIME BY OR ON WHICH CERTAIN EVENTS MUST OCCUR: 6/15/2020 - RULE 12(B) MOTIONS. 7/13/2020 - LAST DAY FOR RULE 26(F) MEETING. 7/20/2020 - LAST DAY TO FILE REPORT OF PARTIES' PLANNING MEETING. 8/3/2020 - TELEPHONIC SCHEDULING CONFERENCE AT 4:30 PM BEFORE JUDGE FRANK W. VOLK. 8/13/2020 - ENTRY OF SCHEDULING ORDER. 8/17/2020 - LAST DAY TO SERVE RULE 26(A)(1) DISCLOSURES. SIGNED BY JUDGE FRANK W. VOLK ON 5/14/2020. (CC:ATTYS; ANY UNREPRESENTED PARTY) (BTM)

(#13) DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, FEDERAL RULES OF CIVIL PROCEDURE, BY DEFENDANT SAMUEL I. WHITE, P.C. (CAMPBELL, W.)

(#16) OPPOSITION BY LISA MARIE KERR TO #9 MOTION BY SHANNON MCKAY TO DISMISS COMPLAINT. (KERR, LISA) (MODIFIED ON 5/13/2020 TO REMOVE LINK TO #10 MEMORANDUM) (KEW).

(#15) REPLY BY WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO #12 RESPONSE IN OPPOSITION. (FOX, JAN)

(#35) AGREED ORDER OF DISMISSAL THAT BY AGREEMENT OF THE PARTIES, AND THE COURT BEING OTHERWISE SUFFICIENTLY ADVISED, IT IS HEREBY ORDERED THAT THIS ACTION BE AND THEREBY IS DISMISSED WITH PREJUDICE. SIGNED BY SENIOR JUDGE DAVID A. FABER ON 11/30/2020. (CC: COUNSEL OF RECORD) (ARB)

(#34) REPORT OF MEDIATION BY DONALD B. O'DELL (MK)

(#12) RULE 26(F) REPORT OF PLANNING MEETING BY METROPOLITAN HUNTINGTON, LLC, EDWARD CLEVENGER. (MOWEN, KELLY) (MODIFIED ON 5/17/2020 TO ADD PARTY FILER) (TS).

(#11) REPLY BY METROPOLITAN HUNTINGTON, LLC TO #9 RESPONSE IN OPPOSITION. (MOWEN, KELLY)

(#14) ORDER OF DISMISSAL DIRECTING THIS CIVIL ACTION IS DISMISSED WITH PREJUDICE AND RETIRED FROM THE DOCKET OF THE COURT, SUBJECT TO REOPENING ON MOTION OF ANY PARTY, AND FOR GOOD CAUSE SHOWN, WITHIN 90 DAYS. SIGNED BY JUDGE THOMAS E. JOHNSTON ON 5/18/2020. (CC: COUNSEL OF RECORD; ANY UNREPRESENTED PARTY) (TS)

(#13) SCHEDULING ORDER DIRECTING THE SCHEDULING CONFERENCE PREVIOUSLY SCHEDULED FOR 05/19/2020 IS CANCELED AND THIS CASE IS TO PROCEED AS FOLLOWS: THE AMENDMENT OF ANY PLEADING AND THE JOINDER OF ANY PARTY SHALL BE COMPLETED NO LATER THAN 6/19/2020. THE PARTIES SHALL SERVE ALL DISCOVERY REQUESTS BY 10/23/2020, AND COMPLETE ALL DEPOSITIONS BY 12/8/2020. EXPERT WITNESS LIST BY THE PARTY BEARING THE BURDEN OF PROOF DUE NO LATER THAN 10/9/2020, BY THE PARTY NOT BEARING THE BURDEN OF PROOF DUE NO LATER THAN 11/9/2020, AND TO SOLELY CONTRADICT OR REBUT EVIDENCE DUE NO LATER THAN 11/24/2020. ALL DISPOSITIVE MOTIONS, EXCEPT THOSE FILED UNDER RULE 12(B), SHALL BE FILED AND SERVED BY 12/28/2020, WITH RESPONSES DUE BY 1/11/2021, AND REPLIES DUE BY 1/19/2021. SETTLEMENT MEETING TO BE HELD NO LATER THAN 3/1/2021. ALL MOTIONS IN LIMINE SHALL BE FILED AND SERVED BY 3/8/2021, WITH RESPONSES DUE BY 3/15/2021. THE PLAINTIFF PORTION OF THE PROPOSED INTEGRATED PRETRIAL ORDER SHALL BE SUBMITTED TO OPPOSING COUNSEL BY 3/4/2021, AND THE PROPOSED INTEGRATED PRETRIAL ORDER DUE FOR ENTRY NO LATER THAN 3/11/2021. A PRETRIAL CONFERENCE SHALL BE HELD AT 2:00 PM ON 4/8/2021. PROPOSED CHARGES TO THE JURY DUE BY 4/13/2021. A FINAL SETTLEMENT CONFERENCE SHALL BE HELD AT 2:00 PM ON 4/8/2021. TRIAL OF THIS ACTION SHALL BE HELD AT 9:00 AM ON 4/20/2021 BEFORE JUDGE THOMAS E. JOHNSTON. SIGNED BY JUDGE THOMAS E. JOHNSTON ON 4/27/2020. (CC: COUNSEL OF RECORD; ANY UNREPRESENTED PARTY) (ST)

(#10) ELECTRONIC SUMMONS ISSUED AS TO SARAH JO HAMILTON, DEBORAH SCALISE, SCALISE & HAMILTON LLP, SCALISE & HAMILTON P.C., RE: #2 COMPLAINT. 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 FOR DEBORAH SCALISE, #2 SUMMONS FOR SCALISE & HAMILTON LLP, #3 SUMMONS FOR SCALISE & HAMILTON P.C.) (HKL)

(#9) SUMMONS SUBMITTED BY ANTHONY ZAPPIN FOR SCALISE & HAMILTON P.C., RE: #2 COMPLAINT. (ZAPPIN, ANTHONY) (MODIFIED ON 5/18/2020 TO ADD LINK TO #2 COMPLAINT) (MKW).

(#25) TELEPHONE CONFERENCE HELD BY JUDGE THOMAS E. JOHNSTON ON 3/25/2020; (SLW)

(#24) ORDER A TELEPHONIC HEARING ON PLAINTIFFS' #9 MOTION FOR PRELIMINARY INJUNCTION WILL BE HELD ON 3/25/2020, AT 2:00 P.M. SIGNED BY JUDGE THOMAS E. JOHNSTON ON 3/17/2020. (CC: COUNSEL OF RECORD; ANY UNREPRESENTED PARTY) (KEW)

(#14) RESPONSE BY CHARLENE CHANDLER IN OPPOSITION TO #12 MOTION BY SPECIALIZED LOAN SERVICING LLC, U.S. BANK NATIONAL ASSOCIATION TO DISMISS #8 FIRST AMENDED COMPLAINT (BROWN, SARAH)

(#13) MEMORANDUM BY SPECIALIZED LOAN SERVICING LLC, U.S. BANK NATIONAL ASSOCIATION IN SUPPORT OF #12 MOTION BY SPECIALIZED LOAN SERVICING LLC, U.S. BANK NATIONAL ASSOCIATION TO DISMISS #8 FIRST AMENDED COMPLAINT. (BAREBO, ASHLEY)

(#9) CLERK'S ENTRY OF DEFAULT AS TO CLARKE INVESTMENTS, LLC, ERP ENVIRONMENTAL FUND, INC., PHOENIX FEDERAL NO 2 MINING, LLC PURSUANT TO RULE 55(A), FEDERAL RULES OF CIVIL PROCEDURE. (ATTACHMENT: #1 CERTIFIED MAIL RECEIPTS) (CC: COUNSEL OF RECORD; DEFENDANTS VIA CERTIFIED MAIL) (TS)

(#8) MOTION BY SGS NORTH AMERICA, INC. FOR ENTRY OF DEFAULT BY CLERK AGAINST ALL DEFENDANTS (ATTACHMENTS: #1 AFFIDAVIT JULIUS M. REDD, #2 EXHIBIT 1, #3 EXHIBIT 2, #4 EXHIBIT 3, #5 EXHIBIT 4, #6 EXHIBIT 5, #7 PROPOSED ORDER)(CARDI, MICHAEL)

(#11) ACKNOWLEDGEMENT BY CLERK, CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA, OF RECEIPT OF CASE FILE PURSUANT TO THE #9 MEMORANDUM OPINION AND ORDER REMANDING THIS CIVIL ACTION. (TS) (ENTERED: 05/15/2020)

(#10) LETTER TO CLERK, CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA, FROM CLERK, USDC/SDWV, DATED 4/27/2020, RE: SUBMITTING CASE FILE PURSUANT TO THE COURT'S ORDER ENTERED 4/27/2020 REMANDING THIS CASE. (TS) (MODIFIED ON 5/15/2020 TO CORRECT FILING DATE AND ECF NO.) (TS). (ENTERED: 05/15/2020)

(#7) SCHEDULING ORDER DIRECTING THAT THE SCHEDULING CONFERENCE IS CANCELED AND THAT THIS CASE SHALL PROCEED AS FOLLOWS: THE PARTIES SHALL SERVE ALL DISCOVERY REQUESTS BY 2/16/2021, AND COMPLETE ALL DEPOSITIONS BY 4/1/2021. EXPERT WITNESS LIST BY THE PARTY BEARING THE BURDEN OF PROOF DUE NO LATER THAN 2/1/2021, BY THE PARTY NOT BEARING THE BURDEN OF PROOF DUE NO LATER THAN 3/2/2021, AND TO SOLELY CONTRADICT OR REBUT EVIDENCE DUE NO LATER THAN 3/18/2021. ALL DISPOSITIVE MOTIONS, EXCEPT THOSE FILED UNDER RULE 12(B), SHALL BE FILED AND SERVED BY 4/21/2021, WITH RESPONSES DUE BY 5/5/2021, AND REPLIES DUE BY 5/12/2021. SIGNED BY JUDGE THOMAS E. JOHNSTON ON 3/27/2020. (CC: COUNSEL OF RECORD; ANY UNREPRESENTED PARTY) (KEW)

(#6) RULE 26(F) REPORT OF PLANNING MEETING BY BARD PERIPHERAL VASCULAR, INC., C.R. BARD, INC.. (ATTACHMENTS: #1 EXHIBIT 1 - MDL CMO NO. 9, #2 EXHIBIT 2 - MDL STIPULATED PROTECTIVE ORDER, #3 EXHIBIT 3 - MDL CMO NO. 14, #4 EXHIBIT 4 - PLAINTIFF FACT SHEET, #5 EXHIBIT 5 - DEFENDANT FACT SHEET, #6 EXHIBIT 6 - MDL CMO NO. 7, #7 EXHIBIT 7 - MDL CMO NO. 17, #8 EXHIBIT 8 - MDL CMO NO. 12)(BIRD, MELISSA)

(#59) PROPOSED FINDINGS AND RECOMMENDATION DIRECTING THAT DEFENDANTS #51 , #53 , #55 AND #57 MOTIONS TO DISMISS ARE DENIED AS MOOT; RECOMMENDING THAT THE DISTRICT COURT GRANT THE DEFENDANTS' #35 , #38 , #41 , #44 AND #46 MOTIONS TO DISMISS, DISMISS PLAINTIFF'S #3 COMPLAINT WITH PREJUDICE, AND REMOVE THIS MATTER FROM THE COURT'S DOCKET. THIS CASE NO LONGER REFERRED TO MAGISTRATE JUDGE OMAR J. ABOULHOSN. IF THE PF&R WAS SERVED ELECTRONICALLY, OBJECTIONS ARE DUE BY 6/1/2020. IF THE PF&R WAS SERVED BY MAIL, OBJECTIONS ARE DUE BY 6/4/2020. SIGNED BY MAGISTRATE JUDGE OMAR J. ABOULHOSN ON 5/18/2020. (ATTACHMENTS: #1 RALEIGH COUNTY CIRCUIT COURT ORDER - REFERENCED IN FOOTNOTE #29) (CC: PLAINTIFF - PRO SE; COUNSEL OF RECORD) (BTM)

(#58) MEMORANDUM OF LAW BY ADAM DIMLICH, CHARLES R. HUMPHREYS, SCOTT E. JOHNSON, TOMI S. PECK, SOUTHERN REGIONAL JAIL IN SUPPORT OF #57 MOTION BY ADAM DIMLICH, CHARLES R. HUMPHREYS, SCOTT E. JOHNSON, TOMI S. PECK, SOUTHERN REGIONAL JAIL TO DISMISS #50 AMENDED COMPLAINT (BUCK, THOMAS)

(#10) REPLY BY BLACKHAWK MINING LLC, PANTHER CREEK MINING, LLC TO #9 RESPONSE IN OPPOSITION. (HAUGHT PARSONS, KELSEY)

(#9) RESPONSE BY FRANK STOVER IN OPPOSITION TO #6 MOTION BY BLACKHAWK MINING LLC, PANTHER CREEK MINING, LLC TO DISMISS #1 COMPLAINT OR, IN THE ALTERNATIVE, COMPEL ARBITRATION. (COOK, SEAN)

(#9) SCHEDULING ORDER: JOINDER OF PARTIES, AMENDED PLEADINGS DUE BY 7/15/2020. DISCOVERY REQUESTS TO BE COMPLETED BY 8/14/2020 AND ALL DEPOSITIONS BY 10/13/2020. EXPERT WITNESS LIST BY PARTIES BEARING THE BURDEN OF PROOF DUE BY 7/30/2020, BY PARTY NOT BEARING BURDEN OF PROOF DUE BY 9/15/2020, AND TO SOLELY CONTRADICT OR REBUT EVIDENCE DUE BY 9/29/2020. DISPOSITIVE MOTIONS EXCEPT THOSE FILED UNDER RULE 12(B) DUE BY 11/2/2020; ANY RESPONSE SHALL BE FILED WITHIN 14 DAYS OF THE FILING OF THE MOTION, WITH REPLIES DUE WITHIN 7 DAYS OF THE FILING OF THE RESPONSE. SETTLEMENT MEETING AND RULE 26(A)(3) DISCLOSURES BY 1/11/2021. PLAINTIFF'S PORTION OF PROPOSED PRETRIAL ORDER TO DEFENDANTS DUE BY 1/19/2021; PROPOSED INTEGRATED PRETRIAL ORDER DUE BY 1/25/2021. PRETRIAL CONFERENCE SET FOR 2/1/2021 AT 10:30 AM IN HUNTINGTON BEFORE JUDGE ROBERT C. CHAMBERS. PROPOSED JURY CHARGES DUE BY 2/9/2021. FINAL SETTLEMENT CONFERENCE AT 9:30 AM ON 2/16/2021 IN HUNTINGTON. TRIAL SET FOR 2/17/2021 AT 8:30 AM IN HUNTINGTON BEFORE JUDGE ROBERT C. CHAMBERS; FURTHER CANCELING THE SCHEDULING CONFERENCE SET FOR 6/1/2020. SIGNED BY JUDGE ROBERT C. CHAMBERS ON 5/4/2020. (CC: COUNSEL OF RECORD; ANY UNREPRESENTED PARTIES) (JSA)

(#8) RULE 26(F) REPORT OF PLANNING MEETING BY SERVICE EMPLOYEES INTERNATIONAL UNION DISTRICT 1199 WV/KY/OH, FRANK J. HORNICK. (SHOUB, GRANT) (MODIFIED ON 5/3/2020 TO ADD PARTY FILER) (TS).

(#13) ORDER AND NOTICE: RULE 12(B) MOTIONS 6/18/2020. RULE 26(F) MEETING 7/1/2020. LAST DAY TO FILE REPORT OF RULE 26(F) MEETING 7/8/2020. SCHEDULING CONFERENCE AT 9:00 A.M. ON 7/22/2020 IN CHARLESTON. ENTRY OF SCHEDULING ORDER 7/27/2020. LAST DAY TO MAKE RULE 26(A)(1) DISCLOSURES 8/3/2020. SIGNED BY JUDGE JOSEPH R. GOODWIN ON 5/28/2020. (CC: COUNSEL OF RECORD ANY UNREPRESENTED PARTIES) (MMS)

(#12) ORDER DENYING #8 UNOPPOSED MOTION BY LOWE'S COMPANIES, INC., LOWE'S HOME CENTERS, LLC TO STAY ALL DEADLINES PENDING DECISION OF JUDICIAL PANEL. SIGNED BY JUDGE JOSEPH R. GOODWIN ON 5/28/2020. (CC: COUNSEL OF RECORD; ANY UNREPRESENTED PARTY) (KLC)

(#9) RESPONSE BY CAI DESIGN, INC. IN OPPOSITION TO #8 MOTION BY JOHN F. HALE, JR TO EXTEND TIME TO FILE ANSWER RE: #1 COMPLAINT, (WARD, MATTHEW)

(#8) MOTION BY JOHN F. HALE, JR. ON BEHALF OF PHOENIX FEDERAL #2 MINING, LLC, PHOENIX ENERGY RESOURCES, LLC, JOHN F. HALE, JR. FOR ENLARGEMENT OF TIME TO RESPOND TO THE #1 COMPLAINT. (ATTACHMENTS: #1 ENVELOPE, #2 DUPLICATE OF MOTION, #3 ENVELOPE) (MK)

(#21) AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(D) DIRECTING THAT THE DESCRIBED PROCEDURES SHALL GOVERN THE INADVERTENT PRODUCTION OF PRIVILEGED OR CONFIDENTIAL DOCUMENTS. SIGNED BY MAGISTRATE JUDGE CHERYL A. EIFERT ON 6/2/2020. (CC: COUNSEL OF RECORD; ANY UNREPRESENTED PARTY) (HKL)

(#20) ORDER SETTING DEPOSITION PROTOCOL DIRECTING THAT THE PROTOCOL HEREIN SHALL BE FOLLOWED WITH ALL DEPOSITIONS CONDUCTED IN THIS CASE. SIGNED BY MAGISTRATE JUDGE CHERYL A. EIFERT ON 5/27/2020. (CC: COUNSEL OF RECORD; ANY UNREPRESENTED PARTY) (HKL)

(#145) ORDER: THE COURT STAYS THIS ACTION FOR 60 DAYS; THE COURT WILL HOLD A TELEPHONIC STATUS CONFERENCE ON 7/29/2020, AT 2:00 PM; THE CLERK IS DIRECTED TO REMOVE THIS CASE FROM THE COURT'S ACTIVE DOCKET. SIGNED BY JUDGE THOMAS E. JOHNSTON ON 5/15/2020. (CC: COUNSEL OF RECORD; ANY UNREPRESENTED PARTY) (MSA)

(#144) TELEPHONE CONFERENCE HELD BY JUDGE THOMAS E. JOHNSTON ON 5/14/2020; (SLW) (ENTERED: 05/15/2020)