Gold v. Hubbard et al
| Shawn Gold |
| Megan Schneider Hobbs, Ethan R. Kipnes, The Washington and Lee University, Charles Joseph Hubbard, III and Charles Chuck Hubbard |
| 6:2019cv00070 |
| October 9, 2019 |
| US District Court for the Western District of Virginia |
| Robert S Ballou |
| Norman K Moon |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Plaintiff |
Docket Report
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Filing 67
ORAL ORDER: The parties' joint motion to dismiss pursuant to Fed. R. Civ. P. 42(a), Dkt. 66, is GRANTED. The case is dismissed, with prejudice. All outstanding motions are dismissed as moot. The Clerk of Court is directed to remove the case from the Court's active docket. Entered by Senior Judge Norman K. Moon on 1/27/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)
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| Filing 66 Joint MOTION to Dismiss by Shawn Gold. (Attachments: #1 Exhibit A)(Ching, Carrol) |
| Filing 65 Notice of Cancellation of Jury Trial set for December 15 - 17, 2021. (Cancel Court Reporter) (ca) |
| Filing 64 Notice of Cancellation of Telephonic Status Conference set for November 30, 2021 at 10:00 AM. (Cancel Court Reporter) (ca) |
| Filing 63 NOTICE of Telephonic Hearing: (CR) Status Conference set for November 30, 2021 at 10:00 AM by telephone conference before Senior Judge Norman K. Moon. (Dial-in information will be emailed to counsel)(ca) |
| Filing 62 Notice of Cancellation of Motion Hearing set for November 30, 2021 at 10:00 a.m. via ZOOM. (Cancel Court Reporter) (ca) |
| Filing 61 Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Settlement Conference held on 11/18/2021. (cd) |
| Filing 60 NOTICE of Video-Conference Hearing on Motion: #41 Second MOTION to Strike Defendants' Expert Reports and to Preclude Expert Testimony with Supporting Memorandum : (CR) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings). Motion Hearing set for November 30, 2021 at 10:00 AM via Zoom before Senior Judge Norman K. Moon. (Additional motion added to already scheduled hearing.)(ca) |
| Filing 59 Reply re #42 MOTION for Summary Judgment . filed by Megan Schneider Hobbs, Charles Chuck Hubbard, Ethan R. Kipnes, The Washington and Lee University. (Attachments: #1 Exhibit 1)(Schwartz, Micah) |
| Filing 58 REPLY to Response to Motion re #41 Second MOTION to Strike Defendants' Expert Reports and to Preclude Expert Testimony with Supporting Memorandum . filed by Shawn Gold. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ching, Carrol) |
| Filing 57 Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Telephone Conference held on 11/3/2021. (lg) |
| Filing 56 Brief / Memorandum in Opposition re #41 Second MOTION to Strike Defendants' Expert Reports and to Preclude Expert Testimony with Supporting Memorandum . filed by Megan Schneider Hobbs, Charles Chuck Hubbard, Ethan R. Kipnes, The Washington and Lee University. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schwartz, Micah) |
| Filing 55 Brief / Memorandum in Opposition re #42 MOTION for Summary Judgment . filed by Shawn Gold. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Ching, Carrol) |
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Filing 54
ORAL ORDER granting #52 Motion for Leave to File Excess Pages, to the extent that plaintiff is granted leave to file a brief in opposition to defendants' combined motion for summary judgment that does not exceed 30 pages. Entered by Magistrate Judge Robert S. Ballou on October 29, 2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cd)
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| Filing 53 RESPONSE to Motion re #52 MOTION for Leave to File Excess Pages . filed by Megan Schneider Hobbs, Charles Chuck Hubbard, Ethan R. Kipnes, The Washington and Lee University. (Schwartz, Micah) |
| Filing 52 MOTION for Leave to File Excess Pages by Shawn Gold. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order Exhibit A)(Martin, Daniel) |
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Filing 51
SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 11/18/2021 at 9:00 AM via Zoom before Magistrate Judge Robert S. Ballou. Signed by Magistrate Judge Robert S. Ballou on October 27, 2021. (Attachment: #1 Exhibit A - Settlement Conference Preparation)(ca)
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Filing 50
ORDER granting in part #45 Motion to Amend/Correct #20 Pretrial Order, as set forth herein. Signed by Magistrate Judge Robert S. Ballou on October 20, 2021. (ca)
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Filing 49
Order Referring Case for Mediation with United States Magistrate Judge Robert S. Ballou. Signed by Senior Judge Norman K. Moon on October 20, 2021. (ca)
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| Filing 48 Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Telephone Conference held on 10/13/2021. (lg) |
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Filing 47
ORDER denying #33 Motion to Strike Defendants' Expert Reports and to Preclude Expert Witness Testimony with Supporting Memorandum. Furthermore, the Court ORDERS the parties to reach out to Judge Ballou's chambers about reopening discovery; all further issues on the matter of reopening discovery are REFERRED to Judge Ballou. Signed by Senior Judge Norman K. Moon on 10/12/2021. (al)
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| Filing 46 NOTICE of Video-Conference Hearing on Motion: #42 MOTION for Summary Judgment. (CR) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings). Motion Hearing set for November 30, 2021 at 10:00 AM via Zoom before Senior Judge Norman K. Moon. (ca) |
| Filing 45 MOTION to Amend/Correct #20 Pretrial Order, Case Referred to Magistrate Judge by Shawn Gold. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Exhibit A)(Ching, Carrol) |
| Filing 44 Minute Entry for proceedings held by Videoconference via ZOOM.gov before Senior Judge Norman K. Moon: Motion Hearing held on 10/7/2021 re #33 MOTION to Strike Defendants' Expert Reports and to Preclude Expert Witness Testimony with Supporting Memorandum filed by Shawn Gold. (Court Reporter: Lisa Blair) (al) |
| Filing 43 Brief / Memorandum in Support re #42 MOTION for Summary Judgment . filed by Megan Schneider Hobbs, Charles Chuck Hubbard, Charles Joseph Hubbard, III, Ethan R. Kipnes, The Washington and Lee University. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z, #27 Exhibit Exhibit AA, #28 Exhibit Exhibit BB, #29 Exhibit Exhibit CC, #30 Exhibit Exhibit DD, #31 Exhibit Exhibit EE, #32 Exhibit Exhibit FF, #33 Exhibit Exhibit GG, #34 Exhibit Exhibit HH, #35 Exhibit Exhibit II)(Abel, Benjamin) |
| Filing 42 MOTION for Summary Judgment by Megan Schneider Hobbs, Charles Chuck Hubbard, Charles Joseph Hubbard, III, Ethan R. Kipnes, The Washington and Lee University. (Attachments: #1 Text of Proposed Order Proposed Order)(Abel, Benjamin) |
| Filing 41 Second MOTION to Strike Defendants' Expert Reports and to Preclude Expert Testimony with Supporting Memorandum by Shawn Gold. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Ching, Carrol) |
| Filing 40 NOTICE of Video-Conference Hearing on Motion: #33 MOTION to Strike Defendants' Expert Reports and to Preclude Expert Witness Testimony with Supporting Memorandum (CR) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings). Motion Hearing set for October 7, 2021 at 2:00 PM via Zoom before Senior Judge Norman K. Moon. (ca) |
| Filing 39 REPLY to Response to Motion re #33 MOTION to Strike Defendants' Expert Reports and to Preclude Expert Witness Testimony with Supporting Memorandum . filed by Shawn Gold. (Ching, Carrol) |
| Filing 38 Brief / Memorandum in Opposition re #33 MOTION to Strike Defendants' Expert Reports and to Preclude Expert Witness Testimony with Supporting Memorandum . filed by Megan Schneider Hobbs, Charles Chuck Hubbard, Charles Joseph Hubbard, III, Ethan R. Kipnes, The Washington and Lee University. (Abel, Benjamin) |
| Filing 37 AFFIDAVIT of Service for Subpoena to Testify at a Deposition served on Larry Hinojosa on 07/20/2021, filed by Shawn Gold.(Fishwick, John) |
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Filing 36
ORDER granting #35 Consent Motion for Extension of Time to File Response/Reply as to #33 Motion to Strike. Defendants' Response deadline extended to 8/4/2021. Plaintiff's Reply deadline extended to 8/11/2021. Signed by Magistrate Judge Robert S. Ballou on July 28, 2021. (ca)
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| Filing 35 Consent MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Strike Defendants' Expert Reports and to Preclude Expert Witness Testimony with Supporting Memorandum by Megan Schneider Hobbs, Charles Chuck Hubbard, Charles Joseph Hubbard, III, Ethan R. Kipnes, The Washington and Lee University. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order Proposed Order)(Abel, Benjamin) |
| Filing 34 NOTICE of Appearance by Benjamin Peter Abel on behalf of All Defendants (Abel, Benjamin) |
| Filing 33 MOTION to Strike Defendants' Expert Reports and to Preclude Expert Witness Testimony with Supporting Memorandum by Shawn Gold. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Ching, Carrol) Modified on 8/18/2021 - Docket text was modified to remove referral to Magistrate Judge text. (ca) |
| Filing 32 Notice Rescheduling Jury Trial (CR) (No Interpreter requested) previously set for April 26 - 28, 2021 at 9:30 AM before Judge Norman K. Moon in Lynchburg. Jury Trial RESET for December 15 - 17, 2021 at 9:30 AM in Lynchburg before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ca) |
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Filing 31
ORDER granting #30 Joint Motion to Continue Trial Date. Signed by Magistrate Judge Robert S. Ballou on February 9, 2021. (ca)
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| Filing 30 Joint MOTION to Continue Trial Date by The Washington and Lee University. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Schwartz, Micah) |
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Filing 29
AGREED PROTECTIVE ORDER; granting #28 Joint Motion for Protective Order. Signed by Magistrate Judge Robert S. Ballou on October 6, 2020. (ca)
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| IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual #Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking #here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc) |
| Filing 28 Joint MOTION for Protective Order by The Washington and Lee University. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order)(Schwartz, Micah) |
| IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at #ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI) |
| Filing 27 Notice Rescheduling Jury Trial (CR) (No Interpreter requested) previously set for December 16 - 18, 2020 at 9:30 AM before Judge Norman K. Moon in Lynchburg. Jury Trial RESET for April 26 - 28, 2021 at 9:30 AM in Lynchburg before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ca) |
| Filing 26 RETURN of service of Summons & Complaint on 11/22/2019 upon The Washington & Lee University(Ching, Carrol) |
| Filing 25 RETURN of service of Summons & Complaint on 11/22/2019 upon Megan Schneider Hobbs(Ching, Carrol) |
| Filing 24 RETURN of service of Summons & Complaint on 11/22/2019 upon Ethan R. Kipnes(Ching, Carrol) |
| Filing 23 Rule 26(f) Agreed Written Plan by Plaintiff Shawn Gold (Attachments: #1 Exhibit 1)(Ching, Carrol) |
| Filing 22 NOTICE of Hearing: (CR) (No Interpreter requested) - Jury Trial set for December 16 - 18, 2020 at 9:30 AM in Lynchburg before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ca) |
| Filing 21 NOTICE of Appearance by Micah Block Schwartz on behalf of All Defendants (Schwartz, Micah) |
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Filing 20
PRETRIAL ORDER (CASE REFERRED to Magistrate Judge Robert S. Ballou as set forth herein). Signed by Senior Judge Norman K. Moon on 1/7/2020. (al)
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| Filing 19 Negative Corporate Disclosure Statement by Ethan R. Kipnes (Wood, Robert) |
| Filing 18 Negative Corporate Disclosure Statement by Megan Schneider Hobbs (Wood, Robert) |
| Filing 17 Negative Corporate Disclosure Statement by Charles Chuck Hubbard (Wood, Robert) |
| Filing 16 Negative Corporate Disclosure Statement by The Washington and Lee University (Wood, Robert) |
| Filing 15 ANSWER to #11 Amended Complaint by Megan Schneider Hobbs, Charles Chuck Hubbard, Ethan R. Kipnes, The Washington and Lee University.(Wood, Robert) |
| Filing 14 70 Day Notice Letter sent to Counsel for Plaintiff. (al) |
| Filing 13 Electronic Summons Issued as to Charles Chuck Hubbard NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(al) |
| Filing 12 Proposed Summons by Shawn Gold as to Charles Chuck Hubbard.(Ching, Carrol) Modified on 12/9/2019 (al). |
| Filing 11 AMENDED COMPLAINT against All Defendants, filed by Shawn Gold.(Ching, Carrol) |
| Filing 10 Electronic Summons Issued as to The Washington and Lee University NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(sfc) |
| Filing 9 Electronic Summons Issued as to Megan Schneider Hobbs NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(sfc) |
| Filing 8 Electronic Summons Issued as to Ethan R. Kipnes NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(sfc) |
| Filing 7 Electronic Summons Issued as to Charles Joseph Hubbard, III. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(sfc) |
| Filing 6 Proposed Summons by Shawn Gold as to The Washington and Lee University.(Fishwick, John) (Main Document 6 replaced on 11/20/2019 as filed document was not flattened. Filer has been notified.) (sfc). Modified on 11/20/2019 (sfc). |
| Filing 5 Proposed Summons by Shawn Gold as to Megan Schneider Hobbs.(Fishwick, John) (Main Document 5 replaced on 11/20/2019 as the filed document was not flattened. Filer has been notified.) (sfc). Modified on 11/20/2019 (sfc). |
| Filing 4 Proposed Summons by Shawn Gold as to Ethan R. Kipnes.(Fishwick, John) (Main Document 4 replaced on 11/20/2019 as the filed document was not flattened. Filer has been notified.) (sfc). Modified on 11/20/2019 (sfc). |
| Filing 3 Proposed Summons by Shawn Gold as to Charles Joseph Hubbard, III.(Fishwick, John) (Main Document 3 replaced on 11/20/2019 as the filed document was not flattened. Filer has been notified.) (sfc). Modified on 11/20/2019 (sfc). |
| Filing 2 Negative Corporate Disclosure Statement by Shawn Gold (Ching, Carrol) |
| Filing 1 COMPLAINT against Charles ("Chuck") Joseph Hubbard, III., Ethan R. Kipnes, Megan Schneider Hobbs and The Washington and Lee University (Filing & Administrative fee $400.00, receipt # 0423-3245065), filed by Shawn Gold. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(al) |
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