Puskas v. Western Regional Jail et al
| Jodi Puskas |
| Western Regional Jail and Brittany Adkins |
| 3:2018cv01536 |
| January 16, 2019 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Cheryl A Eifert |
| Prisoner - (Prison Condition) |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on June 11, 2020. A more recent docket listing may be available from PACER.
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Filing 28
TRANSMITTED CERTIFIED COPY of #27 Agreed Final Dismissal Order; mailed to Plaintiff via USPS. (hkl)
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Filing 27
AGREED FINAL DISMISSAL ORDER directing that the claims asserted by the Plaintiff against Defendants be dismissed with prejudice; all parties shall bear their respective costs with regard to litigating this matter. Signed by Judge Robert C. Chambers on 6/11/2020. (cc: Plaintiff; counsel of record) (hkl)
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Filing 26
PROPOSED ORDER Agreed Final Dismissal Order With Prejudice by Jodi Puskas, Brittany Adkins, Western Regional Jail. (Marino, Briana) (Modified on 6/11/2020 to add party filers) (mkw).
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Filing 25
ORDER granting Defendants' #24 MOTION to Extend Time to Submit Dismissal Order; extending the time for the parties to submit an agreed dismissal order to 6/23/2020. Signed by Judge Robert C. Chambers on 6/9/2020. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 24
MOTION by Brittany Adkins, Western Regional Jail to Extend Time to Submit Dismissal Order to June 22, 2020. (Marino, Briana)
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CASE no longer referred to Magistrate Judge Cheryl A. Eifert pursuant to the #23 Order. (mkw)
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Filing 23
ORDER directing that the #2 Standing Order designating Magistrate Judge Cheryl A. Eifert to submit proposed findings of fact and recommendation be VACATED; further directing that this action be STAYED pending settlement; further directing that the parties submit an agreed order of dismissal by 6/8/2020; if the parties fail to submit an agreed dismissal order, the Court will enter an order dismissing the case without prejudice. Signed by Judge Robert C. Chambers on 5/7/2020. (cc: Magistrate Judge Cheryl A. Eifert; counsel of record; any unrepresented parties) (jsa)
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Filing 22
ORDER OF STATUS CONFERENCE directing the parties to comply with the following amended pre-trial schedule; parties shall complete all depositions and discovery by 3/31/2020; the parties shall conduct settlement negotiations no later than 4/17/2020 and shall report the results of the settlement negotiations to the Court; all dispositive motions, including motions for summary judgment under Federal Rule of Civil Procedure 56, together with depositions, admissions, documents, affidavits or other supporting exhibits, and memoranda in support of such motions shall be filed on or before 5/1/2020; Responses shall be filed thirty days after receipt of the dispositive motions, and replies to the responses shall be filed within fourteen days after receipt of the responses. Signed by Magistrate Judge Cheryl A. Eifert on 2/28/2020. (cc: Plaintiff; counsel of record) (hkl)
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Filing 21
STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 2/28/2020; Court Reporter: CourtSmart. (hkl)
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Filing 20
ORDER directing that a Status Conference is set for 2/28/2020 at 10:30 AM in Huntington before Magistrate Judge Cheryl A. Eifert; Plaintiff shall attend in person, or by counsel if she has hired an attorney; if Plaintiff no longer wishes to prosecute this case, she should file a Motion to Voluntarily Dismiss the Case with the Clerk's Office. Signed by Magistrate Judge Cheryl A. Eifert on 2/10/2020. (cc: Plaintiff; counsel of record; any unrepresented party) (jsa)
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Filing 19
WRITTEN REPORT OF SETTLEMENT EFFORTS by Brittany Adkins, Western Regional Jail (Marino, Briana)
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Filing 18
ANSWER TO #1 Complaint by Brittany Adkins.(Marino, Briana)
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Filing 17
WAIVER OF SERVICE EXECUTED. Waiver signed by Attorney Briana J. Marino on 9/13/2019. Brittany Adkins waiver mailed on 9/13/2019, answer due 11/12/2019. (jsa)
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Filing 16
NOTICE OF CHANGE OF ADDRESS by Jodi Puskas. (jsa)
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Filing 15
MEMORANDUM OPINION AND ORDER granting in part and denying in part Plaintiff's #13 MOTION to Amend Complaint; directing defendant Western Regional Jail and Correctional Facility to provide to the Clerk of Court within seven (7) days of the date of this Order the last known residence address of Brittany Adkins,Correctional Officer at the Western Regional Jail and Correctional Facility, or the name and address of the individual authorized to accept service of process on her behalf; further directing the Clerk of Court to issue a summons to the said defendant upon receipt of the address, filing on the public docket a redacted version that does not include her address, and provide the summons and a copy of the complaint to the United States Marshals Service, who is directed to effect service of process on Brittany Adkins pursuant to Rule 4, Fed. R. Civ. P. Signed by Magistrate Judge Cheryl A. Eifert on 9/5/2019. (cc: Plaintiff; counsel of record; USM)
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Filing 14
STIPULATION OF SUBSTITUTION OF COUNSEL of Briana J. Marino in place of David Rich, Perry Oxley, Whitney N. Davis by Western Regional Jail (Attachment: #1 Proposed Order)(Marino, Briana)
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Filing 13
MOTION by Jodi Puskas to Amend #1 Complaint; Motion referred to Magistrate Judge Cheryl A. Eifert. (mkw)
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Filing 12
RESPONSE by Jodi Puskas to the Court's #11 Order of Initial Status Conference. (mkw)
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Filing 11
ORDER OF INITIAL STATUS CONFERENCE directing the parties to file or provide discovery and other documents as specified herein by 6/21/2019; the parties shall have through and including 7/5/2019 in which to amend the complaint and other pleadings; discovery requests to be completed by 9/13/2019 and all depositions by 12/27/2019; settlement negotiations shall be conducted by 1/10/2020; dispositive motions due by 1/24/2020; any response shall be filed within 30 days of receipt of the motion, with replies due within 14 days of receipt of the response. Signed by Magistrate Judge Cheryl A. Eifert on 6/6/2019. (cc: Plaintiff; counsel of record) (jsa)
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Filing 10
STATUS CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 6/6/2019; Court Reporter: CourtSmart. (hkl)
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Filing 9
ORDER directing that a Status Conference shall take place on 6/6/2019 11:00 AM in Huntington before Magistrate Judge Cheryl A. Eifert; Plaintiff shall participate in the conference via videoconference from the Lakin Correctional Center. Signed by Magistrate Judge Cheryl A. Eifert on 5/17/2019. (cc: Plaintiff; counsel of record; any unrepresented party; Warden, Lakin Correctional Center) (hkl)
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Filing 8
ANSWER TO #1 Complaint With Jury Demand by Western Regional Jail.(Oxley, Perry) (Modified on 3/5/2019 to add jury demand) (ts).
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| Filing 7 SUMMONS RETURNED EXECUTED by U. S. Marshal for service upon Western Regional Jail, re: #1 Complaint. Western Regional Jail served on 2/11/2019, answer due 3/4/2019. (hkl) |
| Filing 6 SUMMONS ISSUED by the Clerk on behalf of Jodi Puskas for Western Regional Jail, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies forwarded to United States Marshal Service for service. (hkl) |
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Filing 5
ORDER granting Plaintiff's #4 APPLICATION to Proceed Without Prepayment of Fees or Costs; directing Plaintiff to make an initial partial filing fee payment in the amount of $5.00 on or before 2/15/2019, and shall make monthly payments as more fully set forth herein; directing that the recovery, if any, obtained in this action shall be paid to the Clerk of Court who shall collect therefrom all unpaid fees and costs taxed against Plaintiff and shall pay the balance to the Plaintiff, if any; directing the Clerk of Court to issue a summons for the defendant; further directing The United States Marshals Service to serve the summons and complaint on the defendant, or its designated agent for service. Signed by Magistrate Judge Cheryl A. Eifert on 1/16/2019. (cc: Plaintiff; Administrator of the Western Regional Jail; USM) (hkl)
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| Filing 4 APPLICATION by Jodi Puskas to Proceed without Prepayment of Fees or Costs. (Attachments: #1 Average Resident Balance Statement, #2 Envelope) Motion referred to Magistrate Judge Cheryl A. Eifert. (hkl) |
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Filing 3
MEMORANDUM OPINION AND ORDER directing Plaintiff to pay the filing fee of $400, or in the alternative, submit to the Court a completed and signed Application to Proceed Without Prepayment of Fees and Costs, which includes the institutional certification and an inmate account transaction record; notifying Plaintiff that failure to pay the fee or submit a completed application within thirty (30) days of the date of this Order shall result in a recommendation that the Complaint be dismissed; directing Plaintiff to amend her complaint within thirty (30) days of the date of this Order; notifying Plaintiff that a failure to amend the complaint as ordered shall result in a recommendation that the complaint be dismissed. Signed by Magistrate Judge Cheryl A. Eifert on 12/26/2018. (cc: Plaintiff with an Application to Proceed Without Prepayment of Fees and Costs) (hkl)
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| Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (jsa) |
| Filing 1 COMPLAINT. (jsa) |
| CASE assigned to Judge Robert C. Chambers. (ts) |
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