Blankenship v. Caterpillar Global Mining, LLC
| Stephanie Blankenship |
| Caterpillar Global Mining, LLC |
| Webster J. Arceneaux, III |
| 5:2012cv06040 |
| September 28, 2012 |
| US District Court for the Southern District of West Virginia |
| Beckley Office |
| Raleigh |
| Irene C Berger |
| Labor: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 44
ORDER: The Court, having been advised by counsel that the above-styled civil action has been compromised and settled, does hereby ORDER that the remaining requirements and deadlines contained in the scheduling order be suspended and that this action be DISMISSED WITH PREJUDICE and STRICKEN from the docket. Signed by Judge Irene C. Berger on 9/3/2013. (cc: attys; any unrepresented party) (msa)
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Filing 43
ORDER that the Final Settlement Conference scheduled for 8/21/2013 and the trial scheduled for 8/26/2013 are CANCELLED. Signed by Judge Irene C. Berger on 8/15/2013. (cc: attys; any unrepresented party) (cds)
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| Filing 42 PRETRIAL CONFERENCE held by Judge Irene C. Berger on 8/15/2013; Court Reporter: Becky Carter. (kkt) |
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Filing 41
MEMORANDUM OPINION AND ORDER: Based upon the findings herein, the Court does hereby ORDER that Defendant's #33 MOTION for Summary Judgment be DENIED. Signed by Judge Irene C. Berger on 8/9/2013. (cc: attys; any unrepresented party) (msa)
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| Filing 40 PROPOSED PRETRIAL ORDER by Caterpillar Global Mining, LLC, Stephanie Blankenship (Attachments: #1 Exhibit A -Plaintiff's Rule 26(a)(3), #2 Exhibit B -Defendant's Rule 26(a)(3))(Turner, Joseph) (Modified on 8/3/2013 to add party filer) (skh). |
| Filing 39 CERTIFICATE OF SERVICE by Stephanie Blankenship for Rule 26(a)(3) Pretrial Disclosures. (Walters, Richard) |
| Filing 38 CERTIFICATE OF SERVICE by Caterpillar Global Mining, LLC for Rule 26(a)(3) Pretrial Disclosures. (Scarr, Thomas) |
| Filing 37 REPLY by Caterpillar Global Mining, LLC to #35 Response In Opposition. (Scarr, Thomas) (Modified on 6/18/2013 to remove link to #33 motion) (skh). |
| Filing 36 AMENDED EXHIBIT TAB F by Caterpillar Global Mining, LLC to #33 MOTION by Caterpillar Global Mining, LLC for Summary Judgment (Scarr, Thomas) |
| Filing 35 RESPONSE by Stephanie Blankenship in opposition to #33 MOTION by Caterpillar Global Mining, LLC for Summary Judgment (Attachments: #1 Exhibits 1-11, #2 Exhibits 12-21)(Walters, Richard) |
| Filing 34 STATEMENT OF UNDISPUTED FACTS AND MEMORANDUM OF LAW by Caterpillar Global Mining, LLC in support of #33 MOTION by Caterpillar Global Mining, LLC for Summary Judgment (Attachment: #1 Certificate of Service)(Scarr, Thomas) |
| Filing 33 MOTION by Caterpillar Global Mining, LLC for Summary Judgment (Attachments: #1 Appendix, #2 Tab A, #3 Tab B, #4 Tab B continued, #5 Tab B continued, #6 Tab C, #7 Tab C continued, #8 Tab D, #9 Tab E, #10 Tab F)(Scarr, Thomas) |
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Filing 32
ORDER: The Court ORDERS that the #31 MOTION by Rachel S. Urquhart of Seyfarth Shaw LLP to Withdraw as Counsel on behalf of Caterpillar Global Mining, LLC be GRANTED. Signed by Judge Irene C. Berger on 5/29/2013. (cc: attys; any unrepresented party) (slr)
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| Filing 31 MOTION by Rachel S. Urquhart of Seyfarth Shaw LLP to Withdraw as Counsel on behalf of Caterpillar Global Mining, LLC (Urquhart, Rachel) |
| Filing 30 REPORT OF MEDIATOR by Webster J. Arceneaux, III(Arceneaux, Webster) |
| Filing 29 NOTICE of Mediation by Caterpillar Global Mining, LLC (Urquhart, Rachel) |
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Filing 28
ORDER: The Court ORDERS that the #27 JOINT MOTION by Caterpillar Global Mining, LLC and Stephanie Blankenship for Extension of Mediation and Dispositive Motion Deadlines be GRANTED IN PART and that the #12 Scheduling Order is AMENDED as follows: Dispositive Motions except those filed under Rule 12(b) due by 5/30/2013 with responses due by 6/13/2013 and replies due by 6/20/2013. Motions in Limine to be filed by 7/10/2013, with responses due by 7/17/2013. Plaintiff's portion of proposed Pretrial Order to defendants due by 7/26/2013. Proposed Integrated Pretrial Order due by 8/2/2013. Pretrial Conference set for 8/15/2013 AT 11:00 AM in Beckley before Judge Irene C. Berger. Proposed Charges to the Jury due 8/19/2013. Final Settlement Conference at 1:30 PM on 8/21/2013 in Beckley. Jury Trial set for 8/26/2013 at 9:00 AM in Beckley before Judge Irene C. Berger. The Court ORDERS that the parties' request to move the deadline for mediation to 5/16/2013 be DENIED AS MOOT. Signed by Judge Irene C. Berger on 4/29/2013. (cc:attys; any unrepresented party) (slr)
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| Filing 27 JOINT MOTION by Caterpillar Global Mining, LLC, Stephanie Blankenship for Extension of Mediation and Dispositive Motion Deadlines (Urquhart, Rachel) (Modified on 4/25/2013 to add party filer) (skh). |
| Filing 26 CERTIFICATE OF SERVICE filed by Caterpillar Global Mining, LLC for Defendant's Response to Plaintiff's Second Set of Request for Production of Documents (Urquhart, Rachel) |
| Filing 25 RE-NOTICE TO TAKE DEPOSITION by Caterpillar Global Mining, LLC of Stephanie Blankenship on April 18, 2013 at 9:00 a.m. (Urquhart, Rachel) (Modified on 4/23/2013 to correct typographical error)(taq). |
| Filing 24 STIPULATION to modify the deadline for the parties to complete all depositions re: #12 Scheduling Order to April 19, 2013 by Stephanie Blankenship, Caterpillar Global Mining, LLC (Walters, Richard) (Modified text for clarity and to add party filer on 4/13/2013) (skh). |
| Filing 23 NOTICE TO TAKE DEPOSITION by Stephanie Blankenship of William Dickinson, Dianna Alexander and Jason Pittman on April 19, 2013 at 9:00 a.m., 1:00 p.m. and 2:00 p.m., respectively (Walters, Richard) (Modified on 4/19/2013 to note additional deposition times) (taq). |
| Filing 22 CERTIFICATE OF SERVICE filed by Stephanie Blankenship for Plaintiff's Second Set of Requests for Production of Documents to Defendant Caterpillar Global Mining, LLC (Walters, Richard) |
| Filing 21 CERTIFICATE OF SERVICE filed by Stephanie Blankenship for Plaintiff's First Supplemental Response to Defendant's First Set of Interrogatories and First Set of Requests for Production of Documents (Walters, Richard) (Modified text for clarity on 3/7/2013) (taq). |
| Filing 20 CERTIFICATE OF SERVICE by Stephanie Blankenship for Rule 26(a)(2) Expert Testimony Disclosures. (Walters, Richard) |
| Filing 19 STIPULATION EXTENDING DEADLINE FOR EXPERT WITNESS DISCLOSURES re: #12 Scheduling Order by Stephanie Blankenship, Caterpillar Global Mining, LLC (Walters, Richard) (Modified text for clarity and to add party filer on 1/18/2013) (skh). |
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Filing 18
PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge R. Clarke VanDervort on 1/15/2013. (cc: attys; any unrepresented party) (slr)
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| Filing 17 CERTIFICATE OF SERVICE filed by Stephanie Blankenship for Plaintiff's Responses to Defendant's First Set of Interrogartories and Requests for Production of Documents (Walters, Richard) |
| Filing 16 CERTIFICATE OF SERVICE by Stephanie Blankenship for Rule 26(a)(1) Initial Disclosures. (Walters, Richard) |
| Filing 15 EMAIL NOTIFICATION to Joseph S. Turner with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: #1 Clerk's Notice) (jkk) |
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Filing 14
ORDER granting Defendant, Caterpillar Global Mining, LLC's #11 MOTION for an Order relieving Thomas E. Scarr and the law firm of Jenkins Fenstermaker, PLLC of certain of their duties and obligations under LR Civ. P. 83.6 as local sponsoring attorneys for Joseph Turner and Rachel S. Urquhart and that Mr. Turner and Ms. Urquhart may continue to appear without the presence of local sponsoring attorneys. Mr. Scarr also will be permitted to continue to act as local counsel and have the option of being present at and participating in the hearings and discovery in this case. Signed by Judge Irene C. Berger on 12/12/2012. (cc: attys; any unrepresented party) (cds) (cds). Modified on 12/17/2012 to delete extra page (cds).
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| Filing 13 UNOPPOSED MOTION by Caterpillar Global Mining, LLC for Entry of Agreed Protective Order (Attachment: #1 Protective Order)(Urquhart, Rachel) |
| MOTION REFERRED to Magistrate Judge R. Clarke VanDervort: #13 UNOPPOSED MOTION By Caterpillar Global Mining, LLC for Entry of Agreed Protective Order (skh) |
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Filing 12
SCHEDULING ORDER: The Court ORDERS that the Scheduling Conference previously scheduled for 12/06/2012 is CANCELLED. It is ORDERED that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 12/31/2012. Discovery requests to be completed by 2/28/2013, and all depositions by 4/12/2013. Expert Witness List by parties bearing the burden of proof due by 1/18/2013, by party not bearing burden of proof due by 2/15/2013, and to solely contradict or rebut evidence due by 3/15/2013. Dispositive Motions except those filed under Rule 12(b) due by 5/2/2013, with responses due by 5/16/2013, and replies due by 5/23/2013. Motions in Limine to be filed by 7/10/2013, with responses due by 7/17/2013; Plaintiffs portion of proposed Pretrial Order to defendants due by 7/26/2013, Proposed Integrated Pretrial Order due by 8/2/2013. Pretrial Conference set for 8/15/2013 11:00 AM in Beckley before Judge Irene C. Berger. Proposed Charges to the Jury due by 08/19/2013. Final Settlement Conference at 01:30 PM on 8/21/2013 in Beckley. Jury Trial set for 8/26/2013 at 09:00 AM in Beckley before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 11/27/2012. (cc:attys; any unrepresented party) (msa)
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| Filing 11 MOTION by Caterpillar Global Mining, LLC for an Order Relieving Local Sponsoring Attorneys of Certain Duties and Obligations (Attachment: #1 Proposed Order)(Scarr, Thomas) |
| Filing 10 RULE 26(f) REPORT OF PLANNING MEETING by Caterpillar Global Mining, LLC, Stephanie Blankenship. (Urquhart, Rachel) (Modified on 11/25/2012 to add additional filer) (skh). |
| Filing 9 STATEMENT OF VISITING ATTORNEY from Joseph S. Turner on behalf of Caterpillar Global Mining, LLC. Local counsel: Thomas E. Scarr. Fee $50.00. Receipt # 0425-2034427. (Scarr, Thomas) |
| Filing 8 STATEMENT OF VISITING ATTORNEY from Rachel S. Urquhart on behalf of Caterpillar Global Mining, LLC. Local counsel: Thomas E. Scarr. Fee $50.00. Receipt # 0425-2034408. (Scarr, Thomas) |
| Filing 7 CERTIFICATE OF SERVICE filed by Caterpillar Global Mining, LLC for "Defendant's Response to Plaintiff's First Set of Requests for Admissions" (Scarr, Thomas) |
| Filing 6 E-MAIL NOTIFICATION to Joseph S. Turner and Rachel S. Urquhart with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: #1 Clerk's Notice) (jkk) |
| Filing 5 CERTIFICATE OF SERVICE filed by Caterpillar Global Mining, LLC for Certificate of Service (Scarr, Thomas) |
| Filing 4 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Caterpillar Global Mining, LLC.(Scarr, Thomas) |
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Filing 3
ORDER AND NOTICE: Rule 12(b) Motions 11/2/2012. Rule 26(f) Meeting 11/14/2012. Last day to file report of Rule 26(f) Meeting 11/21/2012. Scheduling Conference at 10:30 AM on 12/6/2012 in Beckley. Entry of Scheduling Order 12/17/2012. Last Day to make Rule 26(a)(1) disclosures 12/21/2012. Signed by Judge Irene C. Berger on 10/2/2012. (cc:attys; any unrepresented party) (slr)
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| Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 2, 2010. This matter referred to Magistrate Judge VanDervort for discovery. (cc:attys; any unrepresented party) (msa) |
| Filing 1 DEFENDANT'S NOTICE OF REMOVAL by Caterpillar Global Mining, LLC with summons, complaint and other miscellaneous documents from Circuit Court of Raleigh County. Filing Fee $350.00. Receipt #0425-2010629. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Civil Cover Sheet) (msa) Modified text on 10/2/2012 (cds). |
| CASE assigned to Judge Irene C. Berger. (ras) |
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