Carper v. Clay County Board of Health et al
| Jay Carper |
| Delta Communications, LLC, Jerry Linkinogger, Laura S. Rhodes, Linda Klotzbach, Mike Pierson, Dr. Leela Patel, Clay County Board of Health, Andy Wadell, Gregory G. Skinner, Peter Triplett, Joyce McLaughlin, Clay County Commission and Nancy Cottrell |
| 2:2014cv12114 |
| March 11, 2014 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Clay |
| Joseph R Goodwin |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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| Filing 97 MANDATE re: #91 Notice of Appeal to the 4CCA in 4CCA Case No. 15-1894. The judgment of this Court, entered 5/17/2016, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (tmr) |
| Filing 96 NOTICE OF JUDGMENT as to #91 Notice of Appeal to the 4CCA filed by Jay Carper in 4CCA Case Number 15-1894. (tmr) |
| Filing 95 4CCA JUDGMENT re: #91 Notice of Appeal to the 4CCA in 4CCA Case No. 15-1894. The judgment of the district court is affirmed. (tmr) |
| Filing 94 4CCA OPINION re: #91 Notice of Appeal to the 4CCA in 4CCA Case No. 15-1894. (tmr) |
| Filing 93 NOTICE OF APPELLATE CASE OPENING BY 4CCA re: #91 Notice of Appeal to the 4CCA in 4CCA Case No. 15-1894. Case Manager: Michael Radday. (taq) |
| NOTICE OF DOCKET CORRECTION re: #92 TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via NOTICE OF APPELLATE ACTION re: #91 Notice of Appeal to the 4CCA. ERROR: Image contained incorrect file date for notice of appeal. CORRECTION: File date corrected and image replaced. (taq) |
| Filing 92 TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via NOTICE OF APPELLATE ACTION re: #91 Notice of Appeal to the 4CCA. (tmh) (Modified on 8/11/2015 to correct file date of notice of appeal and replace image) (taq). |
| Filing 91 NOTICE OF APPEAL WITH FEE PAID by Jay Carper as to #88 Memorandum Opinion and Order and #89 Judgment Order. Filing Fee $505. Receipt # 0425-4062440. (Lewis, Hiram) (Modified on 8/10/2015 to remove link to #90 Order) (skh). |
Filing 90
ORDER denying as moot herein the #44 MOTION to Compel Plaintiff's Disclosure of Expert Witnesses or, in the Alternative, Motion to Exclude Plaintiff's Experts; #52 Response in Opposition of the Defendants' Motion to Compel Plaintiff's Disclosure of Expert Witnesses, or in the Alternative, Motion to Exclude Plaintiff's Experts; #54 Supplemental Motion to Compel Plaintiff's Disclosure of Expert Witnesses or, in the Alternative, Motion to Exclude Plaintiff's Experts; and #55 MOTION to Exclude Defendants' Experts. Signed by Magistrate Judge Dwane L. Tinsley on 7/14/2015. (cc: counsel of record; any unrepresented party) (taq)
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Filing 89
JUDGMENT ORDER in accordance with the accompanying #88 Memorandum Opinion and Order granting the defendants' #64 Motion for Summary Judgment, directing that judgment be entered in favor of the defendants, and that this case be dismissed and stricken from the docket of this Court. Signed by Judge Joseph R. Goodwin on 7/9/2015. (cc: counsel of record; any unrepresented party) (taq)
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Filing 88
MEMORANDUM OPINION AND ORDER granting the defendants' #64 MOTION for Summary Judgment; denying the plaintiff's #83 MOTION for Summary Judgment against the Clay County Board of Health Defendants. Signed by Judge Joseph R. Goodwin on 7/9/2015. (cc: counsel of record; any unrepresented party) (taq)
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| Filing 87 RESPONSE by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett in opposition to #83 MOTION by Jay Carper for Summary Judgment Against the Clay County Board of Health Defendants (Greve, Wendy) |
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Filing 86
ORDER granting Plaintiff's #85 MOTION to Extend Time to File Motion for Summary Judgment; the court will consider the plaintiff's #83 summary judgment motion and #84 supporting memorandum as timely. Signed by Judge Joseph R. Goodwin on 7/1/2015. (cc: counsel of record; any unrepresented party) (taq)
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| Filing 85 MOTION by Jay Carper to Extend Time to File Motion for Summary Judgment to July 1, 2015 (Lewis, Hiram) |
| Filing 84 MEMORANDUM OF LAW by Jay Carper in support of #83 MOTION by Jay Carper for Summary Judgment Against the Clay County Board of Health Defendants (Lewis, Hiram) |
| Filing 83 MOTION by Jay Carper for Summary Judgment Against the Clay County Board of Health Defendants (Attachments: #1 Exhibit 1: Nancy Cottrell Deposition Portions, #2 Exhibit 2, Part 1: Andy Waddell Deposition Portions, #3 Exhibit 2, Part 2: Andy Waddell Deposition Portion, #4 Exhibit 3: Peter Triplett Deposition Portion, #5 Exhibit 4: Leela Patel Deposition Portion, #6 Exhibit 5, Part 1: Linda Klotzbach Deposition Portion, #7 Exhibit 5, Part 2: Linda Klotzbach Deposition Portion, #8 Exhibit 6, Part 1: Chris Avis Testimony, #9 Exhibit 6, Part 2: Chris Avis Testimony, #10 Exhibit 6, Part 3: Chris Avis Testimony, #11 Exhibit 6, Part 4: Chris Avis Testimony, #12 Exhibit 6, Part 5: Chris Avis Testimony)(Lewis, Hiram) |
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Filing 82
JUDGMENT ORDER pursuant to the plaintiff Jay Carper's oral motion at the motion hearing held 6/25/2015, directing that the defendants Andy Wadell and Delta Communications, LLC are dismissed with prejudice. Signed by Judge Joseph R. Goodwin on 6/26/2015. (cc: counsel of record; any unrepresented party) (taq)
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| Filing 81 MEMORANDUM OF LAW by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett in support of #64 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett for Summary Judgment (Greve, Wendy) |
| Filing 80 MOTION HEARING held by Judge Joseph R. Goodwin on 6/25/2015 re: #60 MOTION by Delta Communications, LLC, Andy Wadell to Dismiss #1 Complaint for Lack of Subject Matter Jurisdiction MOTION by Delta Communications, LLC, Andy Wadell for Judgment on the Pleadings and for Summary Judgment, #78 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett for Leave to Refile Dispositive Pleadings; Motion for Summary Judgment by the Defts; revised motion to be filed at the conclusion of the hearing. Court Reporter: Mary Schweinhagen. (rac) |
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Filing 79
ORDER at the Motion Hearing set for 6/25/2015 at 11:00 AM in Charleston before Judge Joseph R. Goodwin, the parties should be prepared to address all pending matters and issues in this case. Signed by Judge Joseph R. Goodwin on 6/11/2015. (cc: attys; any unrepresented party) (tmh)
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| Filing 78 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett for Leave to Refile Dispositive Pleadings (Greve, Wendy) |
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Filing 77
ORDER denying the Plaintiff's #62 MOTION for Summary Judgment; and denying the Plaintiff's #73 MOTION for Leave to Amend the Plaintiff's Motion for Summary Judgment. Signed by Judge Joseph R. Goodwin on 6/8/2015. (cc: counsel of record; any unrepresented party) (taq)
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Filing 76
ORDER denying the Defendants' #63 MOTION to Exceed Page Limit; directing that the #65 Memorandum of Law in Support of Defendants' Motion for Summary Judgment be STRICKEN from the docket; denying the #64 MOTION for Summary Judgment; and denying the plaintiff's #69 MOTION to Exceed the Twenty Page Limit for the Plaintiff's Response in Opposition to the Clay County Health Department Defendants' Motion for Summary Judgment. Signed by Judge Joseph R. Goodwin on 6/8/2015. (cc: counsel of record; any unrepresented party) (taq)
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| Filing 75 RESPONSE by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett in opposition to #73 MOTION by Jay Carper for Leave to Amend #62 MOTION by Jay Carper for Summary Judgment Against the Clay County Board of Health Defendants (Greve, Wendy) |
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Filing 74
ORDER granting defendants Clay County Board of Health, Clay County Health Department, Nancy Cottrell, Joyce McLaughlin, Linda Klotzbach, Dr. Leela Patel, Clay County Commission, and Peter Tripletts #66 MOTION for Relief from Settlement Meeting and Mediation. Signed by Judge Joseph R. Goodwin on 5/29/2015. (cc: attys; any unrepresented party) (tmr)
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| Filing 73 MOTION by Jay Carper for Leave to Amend #62 MOTION by Jay Carper for Summary Judgment Against the Clay County Board of Health Defendants (Attachments: #1 Exhibit 1: Nancy Cottrell Deposition Portions, #2 Exhibit 2, Part 1: Andy Waddell Deposition Portions, #3 Exhibit 2, Part 2: Andy Waddell Deposition Portion, #4 Exhibit 3: Peter Triplett Deposition Portion, #5 Exhibit 4: Leela Patel Deposition Portion, #6 Exhibit 5, Part 1: Linda Klotzbach Deposition Portion, #7 Exhibit 5, Part 2: Linda Klotzbach Deposition Portion)(Lewis, Hiram) |
| Filing 72 REPLY by Jay Carper to #68 Response In Opposition. (Lewis, Hiram) |
| Filing 71 REPLY by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett to #70 Response In Opposition. (Greve, Wendy) |
| Filing 70 RESPONSE by Jay Carper in opposition to #64 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett for Summary Judgment (Lewis, Hiram) |
| Filing 69 MOTION by Jay Carper to Exceed the Twenty Page Limit for the Response in Opposition to the Clay County Health Department Defendants' Motion for Summary Judgment (Lewis, Hiram) |
| Filing 68 RESPONSE by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett in opposition to #62 MOTION by Jay Carper for Summary Judgment Against the Clay County Board of Health Defendants (Greve, Wendy) |
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Filing 67
ORDER for reasons appearing to the Court, denying plaintiff's #58 Response to Rule to Show Cause; directing that counsel for Plaintiff pay the amount of $250.00 to Sean McGinley, Esquire, with DiTrapano Barrett DiPiero McGinley & Simmons, PLLC, in Charleston, West Virginia, within 10 days of the entry of this Order. Signed by Magistrate Judge Dwane L. Tinsley on 5/13/2015. (cc: counsel of record; any unrepresented parties) (taq)
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| Filing 66 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett for Relief from Settlement Meeting and Mediation (Greve, Wendy) (Modified on 5/11/2015 to add party filer) (skh). |
| Filing 65 STRICKEN PURSUANT TO THE COURT'S #76 ORDER ENTERED 6/8/2015: MEMORANDUM OF LAW by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach,Joyce McLaughlin, Leela Patel, Peter Triplett in support of #64 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett for Summary Judgment (Greve, Wendy) (Modified on 5/6/2015 to remove party filer) (skh). (Modified on 6/8/2015 to note document is stricken)(taq). |
| Filing 64 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2, #4 Exhibit 2 Part 3, #5 Exhibit 2 Part 4, #6 Exhibit 2 Part 5, #7 Exhibit 3 Part 1, #8 Exhibit 3 Part 2, #9 Exhibit 4 Part 1, #10 Exhibit 4 Part 2, #11 Exhibit 5 Part 1, #12 Exhibit 5 Part 2, #13 Exhibit 6, #14 Exhibit 7, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10 Part 1, #18 Exhibit 10 Part 2, #19 Exhibit 11, #20 Exhibit 12 Part 1, #21 Exhibit 12 Part 2, #22 Exhibit 12 Part 3, #23 Exhibit 12 Part 4, #24 Exhibit 12 Part 5, #25 Exhibit 13 Part 1, #26 Exhibit 13 Part 2, #27 Exhibit 14, #28 Exhibit 15, #29 Exhibit 16, #30 Exhibit 17, #31 Exhibit 18, #32 Exhibit 19, #33 Exhibit 20, #34 Exhibit 21 Part 1, #35 Exhibit 21 Part 2, #36 Exhibit 21 Part 3, #37 Exhibit 21 Part 4, #38 Exhibit 21 Part 5, #39 Exhibit 22)(Greve, Wendy) (Modified on 5/6/2015 to remove party filer) (skh). |
| Filing 63 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett to Exceed Page Limit for their Memorandum of Law in Support of their Motion for Summary Judgment (Greve, Wendy) (Modified on 5/6/2015 to remove party filer) (skh). |
| Filing 62 MOTION by Jay Carper for Summary Judgment Against the Clay County Board of Health Defendants (Lewis, Hiram) |
| Filing 61 MEMORANDUM by Delta Communications, LLC, Andy Wadell in support of #60 MOTION by Delta Communications, LLC, Andy Wadell to Dismiss #1 Complaint for Lack of Subject Matter Jurisdiction, MOTION by Delta Communications, LLC, Andy Wadell for Judgment on the Pleadings and/or MOTION by Delta Communications, LLC, Andy Wadell for Summary Judgment (McGinley, Sean) (Modified on 5/5/2015 to remove Exhibits 1 and 2 (Attachments 1 and 2) and add them as Attachments 1 and 2 to the #60 motion) (skh). |
| Filing 60 MOTION by Delta Communications, LLC, Andy Wadell to Dismiss #1 Complaint for Lack of Subject Matter Jurisdiction, MOTION by Delta Communications, LLC, Andy Wadell for Judgment on the Pleadings and/or MOTION by Delta Communications, LLC, Andy Wadell for Summary Judgment (McGinley, Sean) (Attachments added on 5/5/2015: #1 Exhibit 1 - August 12, 2012 Complaint filed in the Circuit Court of Clay County, West Virginia, #2 Exhibit 2 - January 22, 2013 Order of the Circuit Court of Clay County, West Virginia dismissing Plaintiff's claims) (skh). (Modified on 5/5/2015 to add Exhibits 1 and 2 as Attachments 1 and 2; originally attached to the #61 order) (skh). |
| NOTICE OF DOCKET CORRECTION re: #61 Memorandum by Delta Communications, LLC, Andy Wadell in support of Motion to Dismiss for Lack of Subject Matter Jurisdiction, for Judgment on the Pleadings and/or for Summary Judgment. ERROR: Exhibits in Support attached. CORRECTION: Exhibits removed and attached to the #60 Motion as Attachments # 1 and 2. (skh) |
| Filing 59 NOTICE TO TAKE DEPOSITION by Jay Carper of Andy Waddell on April 29, 2015 at 1:00 p.m. (Lewis, Hiram) |
| Filing 58 RESPONSE TO ORDER TO SHOW CAUSE by Jay Carper (Attachments: #1 Exhibit 1: Email List of all Correspondence of Parties, #2 Exhibit 2: March 3-4 Conference Call Request, #3 Exhibit 3: March 4 Request for Dates, #4 Exhibit 4: March 30 Email Cancelling Andy Waddell Deposition, #5 Exhibit 5: March 31 First Email from Sean McGinley, #6 Exhibit 6: March 31 Joint Motion to Extend Request, #7 Exhibit 7: Rule 26(a)(2) Rebuttal Expert Witness Disclosure, #8 Exhibit 8: April 6, 2015 First "Out of Office" Automated Response from Sean McGinley, 3:22 p.m., #9 Exhibit 9: April 6, 2015 Second "Out of Office" Automated Response from Sean McGinley, #10 Exhibit 10: April 6, 2015 Mediation Date Request, #11 Exhibit 11: April 6, 2015 Second Email from Sean McGinley Objecting to Andy Waddell Deposition, #12 Exhibit 12: April 6, 2015 Response to Proposed Deposition Dates Past the Deadline, #13 Exhibit 13: March 25 Email Objecting to the April 11th Saturday Proposed Deposition Date, #14 Exhibit 14: March 17 Third Request for Deposition Dates/No Response, #15 Exhibit 15: March 23 Email: The Only Response for Deposition Dates, #16 Exhibit 16: March 5 Second Request for Deposition Dates)(Lewis, Hiram) |
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Filing 57
ORDER granting #56 MOTION for Protective Order; directing counsel for plaintiff to show cause in writing no later than 4/24/2015, why he (counsel) should not be sanctioned in the amount of $250.00 payable to Sean McGinley, Esq., with Ditrapano Barrett & Dipiero in Charleston, West Virginia. Payment of $250.00 to Mr. McGinley by 4/24/2015, will be a sufficient response to this Order to Show Cause; directing that the deposition of Defendant on 4/11/2015, is hereby CANCELLED. The parties are ORDERED to confer and agree upon a date to reschedule the deposition of Defendant. Signed by Magistrate Judge Dwane L. Tinsley on 4/10/2015. (cc: attys; any unrepresented party) (tmr)
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| Filing 56 MOTION by Andy Wadell for Protective Order (McGinley, Sean) |
| MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: #56 MOTION by Andy Wadell for Protective Order (skh) |
| Filing 55 MOTION by Jay Carper to Exclude Defendants' Experts. (Lewis, Hiram) |
| Filing 54 SUPPLEMENTAL MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett to Compel Plaintiff's Disclosure of Expert Witnesses or, In the Alternative, Motion to Exclude Plaintiff's Experts (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Greve, Wendy). (Modified on 4/6/2015 to remove filer not named in motion) (skh). |
| Filing 53 CERTIFICATE OF SERVICE by Jay Carper for Rule 26(a)(2) Expert Testimony Disclosures. (Lewis, Hiram) |
| MOTIONS REFERRED to Magistrate Judge Dwane L. Tinsley: #54 SUPPLEMENTAL MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett to Compel Plaintiff's Disclosure of Expert Witnesses or, In the Alternative, Motion to Exclude Plaintiff's Experts (skh) |
| NOTICE OF DOCKET CORRECTION re: #45 INCORRECT ENTRY. ERROR: Incorrect filing. CORRECTION: Image removed; and document refiled by counsel at entry #46. (taq) |
| Filing 52 RESPONSE by Jay Carper in opposition to #44 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett to Compel Plaintiff's Disclosure of Expert Witnesses or, In the Alternative, MOTION to Exclude Plaintiff's Experts (Attachments: #1 Exhibit 1: Plaintiff's Rule 26(a)(2) Disclosure, #2 Exhibit 1: Part A: Dr. Hawley CV, #3 Exhibit 1: Part B: Dr. Hawley Fee Schedule, #4 Exhibit 1: Part C: Mr. Gross CV, #5 Exhibit 2: Sent Email with Report Attached, #6 Exhibit 2: Attachment A: Dr. Hawley Economic Loss Report, #7 Exhibit 2: Attachment B: Dr. Hawley CV)(Lewis, Hiram) |
| Filing 51 NOTICE TO TAKE DEPOSITION by Jay Carper of Dr. Leela Patel on April 11, 2015 at 4:00 p.m. (Lewis, Hiram) |
| Filing 50 NOTICE TO TAKE DEPOSITION by Jay Carper of Nancy Cottrell on April 11, 2015 at 2:00 p.m. (Lewis, Hiram) |
| Filing 49 NOTICE TO TAKE DEPOSITION by Jay Carper of Linda Klotzbach on April 11, 2015 at 12:00 noon (Lewis, Hiram) |
| Filing 48 NOTICE TO TAKE DEPOSITION by Jay Carper of Peter Triplett on April 11, 2015 at 10:30 a.m. (Lewis, Hiram) |
| Filing 47 NOTICE TO TAKE DEPOSITION by Jay Carper of Andy Waddell on April 11, 2015 at 9:00 a.m. (Lewis, Hiram) |
| Filing 46 CERTIFICATE OF SERVICE by Jay Carper for Supplemental Rule 26(a)(2) Disclosures (Economic Analysis Report of Dr. Hawley). (Lewis, Hiram) (Modified text on 4/9/2015 for clarity)(taq). |
| Filing 45 INCORRECT ENTRY; IMAGE DELETED. SEE ENTRY #46 . (Modified on 4/10/2015 to remove incorrect entry) (taq). |
| Filing 44 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett to Compel Plaintiff's Disclosure of Expert Witnesses or, In the Alternative, MOTION to Exclude Plaintiff's Experts (Attachment: #1 Exhibits 1-3)(Greve, Wendy). |
| MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: #44 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett to Compel Plaintiff's Disclosure of Expert Witnesses or, In the Alternative, MOTION to Exclude Plaintiff's Experts (skh) |
| Filing 43 CERTIFICATE OF SERVICE filed by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Jerry Linkinogger, Joyce McLaughlin, Leela Patel, Peter Triplett for Defendants', Clay County Board of Heath, Clay County Health Department, Nancy Cottrell, Joyce McLaughlin, Linda Klotzbach, Dr. Leela Patel, The Clay County Commission, and Peter Triplett, Expert Witness Disclosure (Greve, Wendy) (Modified on 3/30/2015 to convert event to Rule 26(a)(2) Document) (taq). |
| Filing 42 NOTICE TO TAKE DEPOSITION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett of Jay Carper on March 23, 2015 at 9:00 a.m. (Greve, Wendy) (Modified on 3/11/2015 to remove filer) (taq). |
| Filing 41 CERTIFICATE OF SERVICE by Jay Carper for Rule 26(a)(2) Expert Testimony Disclosures. (Lewis, Hiram) |
| Filing 40 ANSWER TO #1 Complaint with Jury Demand by Delta Communications, LLC, Andy Wadell.(McGinley, Sean) (Modified on 1/30/2015 to add jury demand)(skh). |
| Filing 39 ANSWER TO #1 Complaint by Clay County Board of Health, Clay County Commission, Linda Klotzbach, Jerry Linkinogger, Joyce McLaughlin, Leela Patel, Mike Pierson.(Greve, Wendy) |
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Filing 38
ORDER granting the defendants Gregory G. Skinner and Laura S. Rhodes' #15 MOTION to Dismiss Plaintiff's Complaint; denying defendants' Clay County Board of Health, Clay County Health Department, Nancy Cottrell, Joyce McLaughlin, Linda Klotzbach, Dr. Leela Patel and Clay County Commission's #17 MOTION to Dismiss; denying defendants' Andy Waddell and Delta Communication, LLC's #19 MOTION to Dismiss; and denying defendants' Clay County Board of Health, Clay County Health Department, Nancy Cottrell, Joyce McLaughlin, Linda Klotzbach, Dr. Leela Patel, Clay County Commission, and Peter Tripplett's #21 AMENDED MOTION to Dismiss. Signed by Judge Joseph R. Goodwin on 1/16/2015. (cc: attys; any unrepresented party) (taq)
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| Filing 37 CERTIFICATE OF SERVICE by Jay Carper for Rule 26(a)(1) Initial Disclosures. (Lewis, Hiram) |
| Filing 36 CERTIFICATE OF SERVICE by Laura S. Rhodes, Gregory G. Skinner for Rule 26(a)(1) Initial Disclosures. (Mullins, Michael) |
| Filing 35 CERTIFICATE OF SERVICE by Delta Communications, LLC, Andy Wadell for Rule 26(a)(1) Initial Disclosures. (McGinley, Sean) |
| Filing 34 CERTIFICATE OF SERVICE by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Jerry Linkinogger, Joyce McLaughlin, Leela Patel, Mike Pierson, Peter Triplett for Rule 26(a)(1) Initial Disclosures. (Greve, Wendy) |
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Filing 33
SCHEDULING ORDER: the scheduling conference previously scheduled for 11/3/2014 is cancelled; directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 1/5/2015; Discovery requests to be completed by 3/2/2015; Expert Witness List by parties bearing the burden of proof due by 2/13/2015, by party not bearing burden of proof due by 3/26/2015, and to solely contradict or rebut evidence due by 4/6/2015; Deposition Deadline and Close of Discovery by 4/15/2015; Dispositive Motions except those filed under Rule 12(b) due by 5/5/2015, with responses due by 5/19/2015, and replies due by 5/26/2015; Hearing on Motions for Summary Judgment set for 6/25/2015 at 11:00 AM in Charleston; Settlement Meeting and Mediation to be concluded by 5/18/2015; Motions in Limine to be filed by 7/13/2015, with responses due by 7/20/2015; Plaintiffs portion of proposed Pretrial Order to defendants due by 7/10/2015, Proposed Integrated Pretrial Order due by 7/17/2015; Pretrial Conference set for 7/27/2015 at 11:00 AM in Charleston; Proposed jury instructions due by 8/17/2015; Final Settlement Conference at 09:00 AM on 8/24/2015 in Charleston; Trial set for 8/25/2015 at 08:30 AM in Charleston before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 10/22/2014. (cc:attys; any unrepresented parties) (tmh)
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| Filing 32 RULE 26(f) REPORT OF PLANNING MEETING by Jay Carper. (Lewis, Hiram) |
| Filing 31 RULE 26(f) REPORT OF PLANNING MEETING by Laura S. Rhodes, Gregory G. Skinner, Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett, Andy Waddell, Delta Communications, LLC. (Mullins, Michael) (Modified on 10/20/2014 to add party filers) (skh). |
| Filing 30 REPLY by Delta Communications, LLC, Andy Wadell to #25 Response In Opposition. (McGinley, Sean) |
| Filing 29 REPLY by Laura S. Rhodes, Gregory G. Skinner to #27 Response In Opposition. (Foster, Jason) |
| Filing 28 REPLY by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett to #26 Response In Opposition. (Greve, Wendy) |
| Filing 27 RESPONSE by Jay Carper in opposition to #15 MOTION by Laura S. Rhodes, Gregory G. Skinner to Dismiss #1 Complaint (Lewis, Hiram) |
| Filing 26 RESPONSE by Jay Carper in opposition to #17 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel to Dismiss #1 Complaint (Lewis, Hiram) |
| Filing 25 RESPONSE by Jay Carper in opposition to #19 MOTION by Delta Communications, LLC, Andy Wadell to Dismiss #1 Complaint (Lewis, Hiram) |
| Filing 24 SUMMONS RETURNED EXECUTED by Personal Service for Leela Patel. Leela Patel served on 9/17/2014, answer due 10/8/2014. Summons served on Leela Patel. (taq) |
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Filing 23
ORDER AND NOTICE: Rule 12(b) Motions 9/15/2014. Rule 26(f) Meeting 10/13/2014. Last day to file report of Rule 26(f) Meeting 10/20/2014. Scheduling Conference at 09:00 AM on 11/3/2014 in Charleston. Entry of Scheduling Order 11/17/2014. Last Day to make Rule 26(a)(1) disclosures 11/21/2014. Signed by Judge Joseph R. Goodwin on 8/14/2014. (cc: attys; any unrepresented party) (tmr)
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| Filing 22 MEMORANDUM by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett in support of #21 AMENDED MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett to Dismiss #1 Complaint (Greve, Wendy) (Modified on 7/31/2014 to correct party filers) (skh). |
| Filing 21 AMENDED MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Peter Triplett to Dismiss #1 Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Greve, Wendy) (Modified on 7/31/2014 to add link to #1 complaint and to correct party filers) (skh). |
| Filing 20 MEMORANDUM by Delta Communications, LLC, Andy Wadell in support of #19 MOTION by Delta Communications, LLC, Andy Wadell to Dismiss #1 Complaint (McGinley, Sean) |
| Filing 19 MOTION by Delta Communications, LLC, Andy Wadell to Dismiss #1 Complaint (Attachments: #1 Exhibit 1 - Plaintiff's August 12, 2012 Complaint filed in the Circuit Court of Clay County, #2 Exhibit 2 - Order of the Circuit Court of Clay County entered on January 22, 2013)(McGinley, Sean) |
| Filing 18 MEMORANDUM by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel in support of #17 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel to Dismiss #1 Complaint (Greve, Wendy) (Modified on 7/29/2014 to correct party filers) (skh). |
| Filing 17 MOTION by Clay County Board of Health, Clay County Commission, Nancy Cottrell, Linda Klotzbach, Joyce McLaughlin, Leela Patel to Dismiss #1 Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit) 4)(Greve, Wendy) (Modified on 7/29/2014 to correct party filers and to add link to #1 complaint) (skh). |
| Filing 16 MEMORANDUM by Laura S. Rhodes, Gregory G. Skinner in support of #15 MOTION by Laura S. Rhodes, Gregory G. Skinner to Dismiss #1 Complaint (Foster, Jason) |
| Filing 15 MOTION by Laura S. Rhodes, Gregory G. Skinner to Dismiss #1 Complaint (Foster, Jason) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Clay County Board of Health, Clay County Commission, Nancy Cottrell, Delta Communications, LLC, Linda Klotzbach, Joyce McLaughlin, Leela Patel, Laura S. Rhodes, Gregory G. Skinner, Peter Triplett, Andy Wadell, re: #1 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 as to Andy Waddell, #2 Summons as to Clay County Board of Health, #3 Summons as to Clay County Commission, #4 Summons as to Delta Communications, LLC, #5 Summons as to Joyce McLaughlin, #6 Summons as to Laura Rhodes, #7 Summons as to Leela Patel, #8 Summons as to Linda Klotzbach, #9 Summons as to Nancy Cottrell, #10 Summons as to Peter Triplett) (tmh) |
| Filing 13 SUMMONS SUBMITTED by Jay Carper for Delta Communications, LLC, (Lewis, Hiram) |
| Filing 12 SUMMONS SUBMITTED by Jay Carper for Andy Wadell, (Lewis, Hiram) |
| Filing 11 SUMMONS SUBMITTED by Jay Carper for Peter Triplett, (Lewis, Hiram) |
| Filing 10 SUMMONS SUBMITTED by Jay Carper for Clay County Commission, (Lewis, Hiram) |
| Filing 9 SUMMONS SUBMITTED by Jay Carper for Leela Patel, (Lewis, Hiram) |
| Filing 8 SUMMONS SUBMITTED by Jay Carper for Linda Klotzbach, (Lewis, Hiram) |
| Filing 7 SUMMONS SUBMITTED by Jay Carper for Joyce McLaughlin, (Lewis, Hiram) |
| Filing 6 SUMMONS SUBMITTED by Jay Carper for Nancy Cottrell, (Lewis, Hiram) |
| Filing 5 SUMMONS SUBMITTED by Jay Carper for Clay County Board of Health, (Lewis, Hiram) |
| Filing 4 SUMMONS SUBMITTED by Jay Carper for Laura S. Rhodes, (Lewis, Hiram) |
| Filing 3 SUMMONS SUBMITTED by Jay Carper for Gregory G. Skinner, (Lewis, Hiram) |
| Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED FEBRUARY 7, 2014. Discovery referred to Magistrate Judge Tinsley. (cc:attys; any unrepresented party) (tmh) (Main Document 2 replaced on 3/19/2014) (taq). |
| CASE assigned to Judge Joseph R. Goodwin. (ras) |
| Filing 1 COMPLAINT. Filing Fee $400.00. Receipt # 0425-3065775. (Attachment: #1 Civil Cover Sheet) (tmh) |
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