Nestor v. CENTURY STEEL ERECTORS, INC.

Nestor v. CENTURY STEEL ERECTORS, INC.

Plaintiff:	Teresa L. Nestor
Defendant:	CENTURY STEEL ERECTORS, INC.
Interested Party:	G. J. N., E. P. N. and K. D. N.
Case Number:	1:2011cv00026
Filed:	March 10, 2011
Court:	US District Court for the Northern District of West Virginia
Office:	Clarksburg Office
County:	Preston
Presiding Judge:	Irene M Keeley
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Wrongful Death
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on November 28, 2012. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 28, 2012	Filing 162 ORDER APPROVING WRONGFUL DEATH SETTLEMENT and granting Plaintiff's #150 Motion/Petition for Settlement. It is further ORDERED that this civil action be compromised and settled and dismissed from the docket of this Court with prejudice to all parties. Signed by District Judge Irene M. Keeley on 11/27/12. (cnd)
November 19, 2012	Filing 161 MINUTE ENTRY: *NOTICE* THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley: Settlement Conference (settlement approval hearing) held on 11/19/2012. (Court Reporter L Bachman) (mh)
November 14, 2012	Filing 160 Answer of Guardian ad litem for K.D.N. ANSWER to Complaint Petition to approve settlement by K. D. N..(Zurbuch, Peter)
November 14, 2012	Filing 159 STATUS REPORT Answer of Guardian Ad Litem by E. P. N.. (Nichols, Patrick)
November 8, 2012	Filing 158 AFFIDAVIT Affadavit & Stipulation of Nancy A. Simpson Regarding Acceptance of Service, Waiver to Appear at Hearing, Waiver of Distribution and Consent to Enter Order by Teresa L. Nestor. (Preston, Janet)
November 8, 2012	Filing 157 AFFIDAVIT Affadavit & Stipulation of Donald R. Nestor, Jr., Regarding Acceptance of Service, Waiver to Appear at Hearing, Waiver of Distribution and Consent to Enter Order by Teresa L. Nestor. (Attachments: #1 Exhibit Power of Attorney, #2 Exhibit Physician Letter)(Preston, Janet)
November 8, 2012	Filing 156 AFFIDAVIT Affadavit & Stipulation of Mary A. Knotts Regarding Acceptance of Service, Waiver to Appear at Hearing, Waiver of Distribution and Consent to Enter Order by Teresa L. Nestor. (Preston, Janet)
November 8, 2012	Filing 155 AFFIDAVIT Affadavit & Stipulation of Teresa D. Surock Regarding Acceptance of Service, Waiver to Appear at Hearing, Waiver of Distribution and Consent to Enter Order by Teresa L. Nestor. (Preston, Janet)
November 8, 2012	Filing 154 AFFIDAVIT Affadavit & Stipulation of Pamela J. Waugh Regarding Acceptance of Service, Waiver to Appear at Hearing, Waiver of Distribution and Consent to Enter Order by Teresa L. Nestor. (Preston, Janet)
November 8, 2012	Filing 153 AFFIDAVIT Affadavit & Stipulation of Jeffrey L. Nestor Regarding Acceptance of Service, Waiver to Appear at Hearing, Waiver of Distribution and Consent to Enter Order by Teresa L. Nestor. (Preston, Janet)
November 8, 2012	Filing 152 AFFIDAVIT Affidavit & Stipulation of Catherine L. Nestor Regarding Acceptance of Service, Waiver to Appear at Hearing, Acceptance of Proposed Distribution and Consent to Enter Order by Teresa L. Nestor. (Preston, Janet)
November 7, 2012	Filing 151 Answer of Guardian ad Litem ANSWER to Complaint Petition to Approve Settlement by G. J. N..(Weese, Heather)
October 12, 2012	Filing 150 MOTION for Settlement Petition To Approve Wrongful Death Settlement and Request to Apportion Net Settlement Proceeds by Teresa L. Nestor. (Attachments: #1 Attachment Verification)(Preston, Janet)
October 11, 2012	Filing 149 NOTICE by Teresa L. Nestor re #148 Other Document Notice of Hearing (Preston, Janet)
October 11, 2012	Filing 148 WRONG EVENT USED: Petition to Approve Wrongful Death Settlement and Request to Apportion Net Settlement Proceeds Other Document filed by Teresa L. Nestor. (Attachments: #1 Attachment Verification)(Preston, Janet) (Main Document 148 and Attachment 1 replaced, NEF regenerated, docket text modified on 10/15/2012) (cnd).
October 10, 2012	Filing 147 ORDER APPOINTING GUARDIAN AD LITEM: It is ORDERED that Attorney Heather M. Weese is hereby appointed to serve as Guardian ad Litem for G. J. N., a minor child. Counsel for the Plaintiffs shall forward any proposed settlement distribution documents to the GAL no later than 10/19/12. The GAL shall be present at the 11/19/12 settlement hearing at 3:30 pm in Clarksburg, WV. Signed by District Judge Irene M. Keeley on 10/10/12. (cnd)
October 5, 2012	Filing 146 MINUTE ENTRY: *NOTICE* THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley: Status Conference (by telephone) held on 10/5/2012. (Court Reporter L. Bachman.) (cjh)
October 1, 2012	Filing 145 ORDER SETTING STATUS CONFERENCE REGARDING APPOINTMENT OF GUARDIANS AD LITEM: It is ORDERED that the Court schedules a Telephone Status Conference for 10/5/2012 11:30 AM in Judge Keeley Chambers before District Judge Irene M. Keeley and directs counsel for Plaintiff to coordinate the conference all with all parties and the Court. The Plaintiff and her counsel shall appear on the call. Signed by District Judge Irene M. Keeley on 10/1/12. (copy Atty Nichols)(cnd)
September 28, 2012	Filing 144 ORDER granting #142 Motion to Withdraw as Guardian ad litem by Attorney Richard W Shryock, Jr. Signed by District Judge Irene M. Keeley on 9/28/12. (jss)
September 28, 2012	Filing 143 ORDER APPOINTING GUARDIAN AD LITEM: The Court APPOINTS Patrick Nichols, Esq. to serve as the guardian ad litem for E.P.N., a minor child. The Court directs counsel for the plaintiffs to forward any appropriate information to the guardian ad litem no later than October 19, 2012. The Court ORDERS the guardian ad litem to be present at thesettlement hearing at 3:30 P.M., November 19, 2012, at theClarksburg, West Virginia. (copy C. Wimer, E. Howell) Signed by District Judge Irene M. Keeley on 9/28/12. (jss) Modified on 9/28/2012 - hard copy to P. NIchols (jss).
September 27, 2012	Filing 142 MOTION to Withdraw by G. J. N.. (Shryock, Richard)
September 26, 2012	Filing 141 ORDER APPOINTING GUARDIAN AD LITEM: It is ORDERED that Attorney Peter G. Zurbuch is hereby appointed to serve as Guardian ad Litem for K.D.N., a minor child. Counsel for the Plaintiffs shall forward any proposed settlement distribution documents to the GAL no later than 10/19/12. The GAL shall be present at the 11/19/12 settlement hearing at 3:30 pm in Clarksburg, WV. Signed by District Judge Irene M. Keeley on 9/26/12. (cnd)
September 26, 2012	Filing 140 ORDER APPOINTING GUARDIAN AD LITEM: It is ORDERED that Attorney Richard W Shryock, Jr is hereby appointed to serve as Guardian ad Litem for G. J. N., a minor child. Counsel for the Plaintiffs shall forward any proposed settlement distribution documents to the GAL no later than 10/19/12. The GAL shall be present at the 11/19/12 settlement hearing at 3:30 pm in Clarksburg, WV. Signed by District Judge Irene M. Keeley on 9/26/12. (cnd)
September 17, 2012	Filing 139 ORDER FOLLOWING SETTLEMENT CONFERENCE: It is ORDERED that the Court will appoint Guardians ad Litem for the three infants involved and schedule a Settlement Conference for 11/19/2012 03:30 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 9/17/12. (cnd)
September 13, 2012	Filing 138 MINUTE ENTRY: *NOTICE* THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley: Pretrial Conference held on 9/13/2012. Settlement Conference held on 9/13/2012. (Court Reporter L. Bachman.) (cjh)
September 13, 2012	Filing 137 Plaintiff's Final Exhibit List Exhibit List by Teresa L. Nestor.(Preston, Janet)
September 13, 2012	Filing 136 Joint Exhibits Agreed By Parties Exhibit List by CENTURY STEEL ERECTORS, INC., Teresa L. Nestor.(Preston, Janet)
September 13, 2012	Filing 135 Plaintiff's Biographical Sketches of Expert Witnesses Witness List by Teresa L. Nestor. (Attachments: #1 Exhibit Dr. Warden CV, #2 Exhibit Susan Lanham CV, #3 Exhibit Michael Hayslip CV)(Preston, Janet)
September 13, 2012	Filing 134 OBJECTIONS Plaintiff's Objections to Defendant's Proposed Exhibits Listed in the Joint Pretrial Conference Order to #83 Proposed Pretrial Order by Teresa L. Nestor. (Cooper, John)
September 13, 2012	Filing 133 Final Exhibit List by CENTURY STEEL ERECTORS, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Smallwood, Edward)
September 13, 2012	Filing 132 Other Document Expert Witnesses' Biographical Sketches filed by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 13, 2012	Filing 131 Final Witness List by CENTURY STEEL ERECTORS, INC..(Smallwood, Edward)
September 11, 2012	Filing 130 Amended Submission of Proposed Jury Instructions by Teresa L. Nestor. (Attachments: #1 Attachment, #2 Attachment, #3 Attachment, #4 Attachment, #5 Attachment, #6 Attachment, #7 Attachment, #8 Attachment, #9 Attachment, #10 Attachment, #11 Attachment, #12 Attachment, #13 Attachment, #14 Attachment, #15 Attachment, #16 Attachment, #17 Attachment, #18 Attachment)(Cooper, John)
September 11, 2012	Filing 129 Submission of Proposed Jury Instructions by Teresa L. Nestor. (Attachments: #1 Attachment, #2 Attachment, #3 Attachment, #4 Attachment, #5 Attachment, #6 Attachment, #7 Attachment, #8 Attachment, #9 Attachment, #10 Attachment, #11 Attachment, #12 Attachment, #13 Attachment, #14 Attachment, #15 Attachment, #16 Attachment, #17 Attachment, #18 Attachment)(Preston, Janet)
September 11, 2012	Filing 128 Submission of Proposed Jury Instructions by Teresa L. Nestor.(Preston, Janet)
September 11, 2012	Filing 127 Proposed Voir Dire by CENTURY STEEL ERECTORS, INC..(Smallwood, Edward)
September 11, 2012	Filing 126 Proposed Jury Instructions by CENTURY STEEL ERECTORS, INC..(Smallwood, Edward)
September 11, 2012	Filing 125 RESPONSE to Motion re #95 MOTION in Limine Plaintiff's Motion in Limine No. 4 filed by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 11, 2012	Filing 124 Plaintiff's Proposed Charge to the Jury Proposed Jury Instructions by Teresa L. Nestor. (Attachments: #1 Exhibit Plaintiffs Charge to Jury)(Preston, Janet)
September 11, 2012	Filing 123 Proposed Special Interrogatories and Proposed Jury Verdict by CENTURY STEEL ERECTORS, INC..(Smallwood, Edward)
September 11, 2012	Filing 122 RESPONSE to Motion re #100 MOTION in Limine Plaintiff's Motion in Limine No. 9 filed by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 11, 2012	Filing 121 ORDER RESCHEDULING TIME OF FINAL PRETRIAL CONFERENCE: It is ORDERED that the Final Pretrial Conference and Settlement Conference is reset for 9/13/2012 02:00 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. (previously set for 2:30 pm) Signed by District Judge Irene M. Keeley on 9/11/12. (cnd)
September 11, 2012	Filing 120 RESPONSE to Motion re #99 MOTION in Limine Plaintiff's Motion in Limine No. 8 filed by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 11, 2012	Filing 119 RESPONSE to Motion re #98 MOTION in Limine Plaintiff's Motion in Limine No. 7 filed by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 11, 2012	Filing 118 RESPONSE to Motion re #97 MOTION in Limine Plaintiff's Motion in Limine No. 6 filed by CENTURY STEEL ERECTORS, INC.. (Attachments: #1 Exhibit)(Smallwood, Edward)
September 11, 2012	Filing 117 RESPONSE to Motion re #96 MOTION in Limine Plaintiff's Motion in Limine No. 5 filed by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 11, 2012	Filing 116 WRONG EVENT USED Main Document 116 replaced on 9/11/2012) (jmm). Modified on 9/11/2012 counsel refiled document DE #125 (jmm).
September 11, 2012	Filing 115 RESPONSE to Motion re #94 MOTION in Limine Plaintiff's Motion in Limine No. 3 filed by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 11, 2012	Filing 114 RESPONSE to Motion re #93 MOTION in Limine Plaintiff's Motion in Limine No. 2 filed by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 11, 2012	Filing 113 RESPONSE to Motion re #92 MOTION in Limine Plaintiffs Motion in Limine No. 1 filed by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 11, 2012	Filing 112 RESPONSE in Opposition re #91 MOTION in Limine #8 to Preclude OSHA Citations, OSHA Report, and Contents of OSHA Report into Evidence filed by Teresa L. Nestor. (Attachments: #1 Exhibit Exhibit A Certified Copy of OSHA Report, #2 Exhibit Exhibit B Letter from OSHA re testimony)(Cooper, John)
September 11, 2012	Filing 111 RESPONSE in Opposition re #90 MOTION in Limine #7 to Preclude Evidence of Wealth, Size or Financial Condition of Century Steel filed by Teresa L. Nestor. (Cooper, John)
September 11, 2012	Filing 110 RESPONSE in Opposition re #89 MOTION in Limine #6 to Preclude Evidence of Liability Insurance Available for Claims Asserted Against Century Steel in this Matter filed by Teresa L. Nestor. (Cooper, John)
September 11, 2012	Filing 109 RESPONSE in Opposition re #88 MOTION in Limine #5 to Preclude Evidence of Prior Accidents or OSHA Citations Involving Century Steel Erectors, Inc. filed by Teresa L. Nestor. (Cooper, John)
September 11, 2012	Filing 108 RESPONSE in Opposition re #87 MOTION in Limine #4 to Exclude Evidence of Contributions made by Plaintiff's Employer to Health Insurance Premiums of Plaintiff and to Preclude Plaintiff for Recovery for Such Contributions filed by Teresa L. Nestor. (Cooper, John)
September 11, 2012	Filing 107 RESPONSE in Opposition re #86 MOTION in Limine #3 regarding Post-Accident Discipline Given to Foreman Darryl Beton by Century Steel Management filed by Teresa L. Nestor. (Cooper, John)
September 11, 2012	Filing 106 RESPONSE in Opposition re #85 MOTION in Limine #2 regarding Post-Accident Installation of Static Safety Cables on the Project filed by Teresa L. Nestor. (Cooper, John)
September 11, 2012	Filing 105 RESPONSE in Opposition re #84 MOTION in Limine #1 to Exclude Evidence of Medical Specials filed by Teresa L. Nestor. (Cooper, John)
September 11, 2012	Filing 104 Submission of Proposed Voir Dire by Teresa L. Nestor. (Attachments: #1 Exhibit Plaintiff's Voir Dire Questions and Areas of Inquiry)(Preston, Janet)
September 11, 2012	Filing 103 Submission of Proposed Jury Verdict by Teresa L. Nestor. (Attachments: #1 Exhibit Verdict Form A, #2 Exhibit Verdict Form B, #3 Exhibit Verdict Form C, #4 Exhibit Verdict Form D)(Preston, Janet)
September 5, 2012	Filing 102 NOTICE by Teresa L. Nestor Plaintiff's Notice of Rule 26(a)(3) Filing of Interrogatories to be Used at Trial (Cooper, John)
September 5, 2012	Filing 101 NOTICE by Teresa L. Nestor Notice of Rule 26(a)(3) Filing of Deposition Transcripts (Attachments: #1 Exhibit Darlaine Taylor Depo Transcript, #2 Exhibit Dan Grove Depo Transcript, #3 Exhibit Robert Tritschler Depo Transcript, #4 Exhibit Darryl Beton Depo Transcript, #5 Exhibit Dave Sibenac Depo Transcript, #6 Exhibit Michael Wolford Depo Transcript, #7 Exhibit Ernest Graham Depo Transcript, #8 Exhibit Stanley Pulz Depo Transcript)(Preston, Janet)
September 4, 2012	Filing 100 MOTION in Limine Plaintiff's Motion in Limine No. 9 by Teresa L. Nestor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Cooper, John)
September 4, 2012	Filing 99 MOTION in Limine Plaintiff's Motion in Limine No. 8 by Teresa L. Nestor. (Cooper, John)
September 4, 2012	Filing 98 MOTION in Limine Plaintiff's Motion in Limine No. 7 by Teresa L. Nestor. (Attachments: #1 Exhibit)(Cooper, John)
September 4, 2012	Filing 97 MOTION in Limine Plaintiff's Motion in Limine No. 6 by Teresa L. Nestor. (Attachments: #1 Exhibit)(Cooper, John)
September 4, 2012	Filing 96 MOTION in Limine Plaintiff's Motion in Limine No. 5 by Teresa L. Nestor. (Attachments: #1 Exhibit, #2 Exhibit)(Cooper, John)
September 4, 2012	Filing 95 MOTION in Limine Plaintiff's Motion in Limine No. 4 by Teresa L. Nestor. (Cooper, John)
September 4, 2012	Filing 94 MOTION in Limine Plaintiff's Motion in Limine No. 3 by Teresa L. Nestor. (Cooper, John)
September 4, 2012	Filing 93 MOTION in Limine Plaintiff's Motion in Limine No. 2 by Teresa L. Nestor. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Cooper, John)
September 4, 2012	Filing 92 MOTION in Limine Plaintiffs Motion in Limine No. 1 by Teresa L. Nestor. (Cooper, John)
September 4, 2012	Filing 91 MOTION in Limine #8 to Preclude OSHA Citations, OSHA Report, and Contents of OSHA Report into Evidence by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 4, 2012	Filing 90 MOTION in Limine #7 to Preclude Evidence of Wealth, Size or Financial Condition of Century Steel by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 4, 2012	Filing 89 MOTION in Limine #6 to Preclude Evidence of Liability Insurance Available for Claims Asserted Against Century Steel in this Matter by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 4, 2012	Filing 88 MOTION in Limine #5 to Preclude Evidence of Prior Accidents or OSHA Citations Involving Century Steel Erectors, Inc. by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 4, 2012	Filing 87 MOTION in Limine #4 to Exclude Evidence of Contributions made by Plaintiff's Employer to Health Insurance Premiums of Plaintiff and to Preclude Plaintiff for Recovery for Such Contributions by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 4, 2012	Filing 86 MOTION in Limine #3 regarding Post-Accident Discipline Given to Foreman Darryl Beton by Century Steel Management by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 4, 2012	Filing 85 MOTION in Limine #2 regarding Post-Accident Installation of Static Safety Cables on the Project by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 4, 2012	Filing 84 MOTION in Limine #1 to Exclude Evidence of Medical Specials by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 4, 2012	Filing 83 Proposed Pretrial Order Joint Pretrial Order by Teresa L. Nestor. (Cooper, John)
September 4, 2012	Filing 82 MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT AND DENYING MOTION FOR LEAVE TO FILE SURREBUTTAL RESPONSE: It is ORDERED that Defendant's #66 Motion for Summary Judgment is denied; Plaintiff's #74 Motion for Leave to File Surrebuttal Response is denied. Signed by District Judge Irene M. Keeley on 9/4/12. (cnd)
August 30, 2012	Filing 81 ORDER RESCHEDULING FINAL PRETRIAL CONFERENCE: It is ORDERED that the Final Pretrial Conference and Settlement Conference, currently scheduled for 9/14/12, is rescheduled to 9/13/12 at 02:30 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 8/30/12. (cnd)
August 24, 2012	Filing 80 NOTICE of Appearance by Janet D. Preston on behalf of Teresa L. Nestor (Preston, Janet)
August 22, 2012	Filing 79 NOTICE by Teresa L. Nestor Amended Notice of Trial Deposition of Glenn Warden, MD (Cooper, John)
August 2, 2012	Filing 78 NOTICE by Teresa L. Nestor Notice of Trial Deposition of Glenn Warden, MD (Cooper, John)
July 26, 2012	Filing 77 Other Document PROOF OF SERVICE OF SUBPOENA SERVED UPON DON GAY filed by CENTURY STEEL ERECTORS, INC.. (Attachments: #1 Exhibit A)(Smallwood, Edward)
July 24, 2012	Filing 76 NOTICE by CENTURY STEEL ERECTORS, INC. OF THE DEPOSITION OF DON GAY (Smallwood, Edward)
July 20, 2012	Filing 75 RESPONSE to Motion re #74 MOTION for Leave to File Plaintiff's Motion for Leave to File Surrebuttal Response and Incorporated Memorandum of Law in Opposition to Defendant, Century Steel Erectors, Inc.'s, Motion for Summary Judgment filed by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
July 12, 2012	Filing 74 MOTION for Leave to File Plaintiff's Motion for Leave to File Surrebuttal Response and Incorporated Memorandum of Law in Opposition to Defendant, Century Steel Erectors, Inc.'s, Motion for Summary Judgment by Teresa L. Nestor. (Attachments: #1 Attachment Memo in Support of Motion, #2 Exhibit Excerpts from Depo of Stanley Pulz, #3 Exhibit Excerpts from Depo of Darlaine Taylor, #4 Exhibit Excerpts from Depo of Robert Tritschler, #5 Exhibit Excerpts from Depo of Michael Hayslip)(Cooper, John)
July 9, 2012	Filing 73 CERTIFICATE OF SERVICE by Teresa L. Nestor Amended Notice of Deposition of Douglas King, CPA/ABV/CFF, CTP. (Cooper, John)
June 29, 2012	Filing 72 REPLY to Response to Motion re #66 MOTION for Summary Judgment filed by CENTURY STEEL ERECTORS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Smallwood, Edward)
June 14, 2012	Filing 71 Memorandum in Opposition re #66 MOTION for Summary Judgment Plaintiff's Memorandum of Law in Opposition to Defendant Century Steel Erectors, Inc.'s Motion for Summary Judgment filed by Teresa L. Nestor. (Cooper, John)
June 14, 2012	Filing 70 RESPONSE in Opposition re #66 MOTION for Summary Judgment Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment filed by Teresa L. Nestor. (Attachments: #1 Exhibit Statement of Dan Grove, #2 Exhibit Century Steel Accident Investigation Report, #3 Exhibit Poerio Report of Incident, #4 Exhibit EMS Report, #5 Exhibit Death Certificate, #6 Exhibit Excerpts from Deposition of Dan GRove, #7 Exhibit Engineering Drawings E-1,2 and 9, #8 Exhibit Certified copy of OSHA file, #9 Exhibit Excerpts from Deposition of Darlaine Taylor, #10 Exhibit Excerpts from Century Steel's Safety Program, #11 Exhibit Excerpts from CEntury Steel's Site Specific Safety Plan, #12 Exhibit Excerpts from the Deposition of Darryl Beton, #13 Exhibit Momo of Dan Grove dated 02-25-09, #14 Exhibit OSHA Inspection Information No. 30696137, #15 Exhibit Copies of Current Certifications of Darryl Beton, #16 Exhibit Century Steel's Daily Report Form of February 25, 2009, #17 Exhibit Darryl Beton handwritten memo, #18 Exhibit Excerpts from the Deposition of Robert Tritschler, #19 Exhibit Handwritten Statement of Darryl Beton dated March 3, 2009, #20 Exhibit Photograph of Stie marked by Darryl Beton, #21 Exhibit Photograph of Site, #22 Exhibit Excerpts from the Deposition of Cody McGuire, #23 Exhibit Excerpts from the Deposition of Ernest Graham, #24 Exhibit Excerpts from the Deposition of Justin Vandevender)(Cooper, John)
June 13, 2012	Filing 69 CERTIFICATE OF SERVICE by Teresa L. Nestor Notice of Deposition of Douglas King, CPA/ABV/CFF, CTP. (Cooper, John)
May 29, 2012	Filing 68 CERTIFICATE OF SERVICE by CENTURY STEEL ERECTORS, INC. Response to Plaintiff's Requests for Admission of Genuineness and Authenticity of Documents. (Smallwood, Edward)
May 23, 2012	Filing 67 Memorandum in Support of #66 Motion for Summary Judgment by CENTURY STEEL ERECTORS, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Smallwood, Edward) Modified on 5/23/2012 to change to a memorandum and to link to proper document. NEF regenerated. (mh)
May 23, 2012	Filing 66 MOTION for Summary Judgment by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
May 21, 2012	Filing 65 NOTICE by CENTURY STEEL ERECTORS, INC. OF THE DEPOSITION OF SUSAN LANHAM (Smallwood, Edward)
May 4, 2012	Filing 64 CERTIFICATE OF SERVICE by CENTURY STEEL ERECTORS, INC. OF THE NOTICE OF DEPOSITION OF MICHAEL HAYSLIP. (Smallwood, Edward)
May 4, 2012	Filing 63 CERTIFICATE OF SERVICE by Teresa L. Nestor Notice of Deposition of Stanley D. Pulz, CSP, P.E.. (Cooper, John)
April 30, 2012	Filing 62 CERTIFICATE OF SERVICE by Teresa L. Nestor Plaintiff's Supplemental Answers to Defendant's First Set of Interrogatories and Request for the Production of Documents. (Cooper, John)
April 30, 2012	Filing 61 ORDER GRANTING MOTION TO EXTEND DISCOVERY DEADLINE: It is ORDERED that the parties' #58 Joint Motion for Extension of Time to Complete Discovery is hereby granted. Discovery now due by 5/21/2012. Signed by District Judge Irene M. Keeley on 4/30/12. (cnd)
April 27, 2012	Filing 60 SEALED REPORT of Mediator. (copy Judge Keeley from Clarksburg Clerk's office)(cnd)
April 27, 2012	Filing 59 CERTIFICATE OF SERVICE by Teresa L. Nestor Requests for Admission of Genuineness and Authenticity of Documents. (Cooper, John)
April 18, 2012	Filing 58 Joint MOTION for Extension of Time to Complete Discovery by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
April 4, 2012	Filing 57 NOTICE by Teresa L. Nestor Notice of Mediation (Cooper, John)
March 29, 2012	Filing 56 CERTIFICATE OF SERVICE by Teresa L. Nestor Third Amended Notice of Deposition of Jim Tretinik. (Cooper, John)
March 20, 2012	Filing 55 NOTICE by CENTURY STEEL ERECTORS, INC. AMENDING THE NOTICE OF DEPOSITION OF CODY MCGUIRE (Smallwood, Edward)
March 15, 2012	Filing 54 NOTICE by CENTURY STEEL ERECTORS, INC. of the DEPOSITION OF ROBERT L. LISTON (Smallwood, Edward)
March 15, 2012	Filing 53 NOTICE by CENTURY STEEL ERECTORS, INC. of the DEPOSITION OF REGINA HARDIN (Smallwood, Edward)
March 15, 2012	Filing 52 NOTICE by CENTURY STEEL ERECTORS, INC. of the DEPOSITION OF PAM THOMAS (Smallwood, Edward)
March 13, 2012	Filing 51 CERTIFICATE OF SERVICE by Teresa L. Nestor Second Amended Notice of Deposition of Jim Tretinik. (Cooper, John)
March 13, 2012	Filing 50 CERTIFICATE OF SERVICE by Teresa L. Nestor Second Amended Notice of Deposition of Darryl Beton. (Cooper, John)
March 13, 2012	Filing 49 CERTIFICATE OF SERVICE by Teresa L. Nestor Notice of Deposition of Michael Wolford. (Cooper, John)
March 9, 2012	Filing 48 CERTIFICATE OF SERVICE by Teresa L. Nestor Amended Notice of Deposition of Jim Tretinik. (Cooper, John)
March 9, 2012	Filing 47 CERTIFICATE OF SERVICE by Teresa L. Nestor Amended Notice of Deposition of Darryl Beton. (Cooper, John)
February 22, 2012	Filing 46 CERTIFICATE OF SERVICE by Teresa L. Nestor Notice of Deposition of David Swartzbaugh. (Cooper, John)
February 22, 2012	Filing 45 CERTIFICATE OF SERVICE by Teresa L. Nestor Notice of Deposition of Dave Sibenac. (Cooper, John)
February 21, 2012	Filing 44 ORDER denying without prejudice Plaintiff's #29 Motion in Limine/Daubert Motion. Signed by District Judge Irene M. Keeley on 2/21/12. (cnd)
February 20, 2012	Filing 43 NOTICE by CENTURY STEEL ERECTORS, INC. of the DEPOSITION OF CODY MCGUIRE (Smallwood, Edward)
February 17, 2012	Filing 42 MINUTE ENTRY: *NOTICE* THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley: Daubert Hearing held on 2/17/2012. (Court Reporter L. Bachman.) (cjh)
February 14, 2012	Filing 41 REPLY to Response to Motion re #29 MOTION in Limine Plaintiff's Motion In Limine /Daubert Motion in Regard to Defendant's Proposed Expert Witness, Stanley Pulz Reply Memorandum of Law in Support of Plaintiff's Motion in Limine/Daubert Motion in Regard to Defendant's Proposed Expert Witness, Stanley Pulz filed by Teresa L. Nestor. (Cooper, John)
February 14, 2012	Filing 40 CERTIFICATE OF SERVICE by Teresa L. Nestor Notice of Deposition of Robert Tritschler. (Cooper, John)
February 14, 2012	Filing 39 CERTIFICATE OF SERVICE by Teresa L. Nestor Notice of Deposition of Dan Grove. (Cooper, John)
February 14, 2012	Filing 38 CERTIFICATE OF SERVICE by Teresa L. Nestor Notice of Deposition of Jim Tretinik. (Cooper, John) Modified docket entry on 2/14/2012 (cnd).
February 14, 2012	Filing 37 CERTIFICATE OF SERVICE by Teresa L. Nestor Notice of Deposition of Darryl Beton. (Cooper, John)
February 8, 2012	Filing 36 CERTIFICATE OF SERVICE by Teresa L. Nestor Notice of Rule 30(b)(6) Deposition. (Cooper, John)
February 8, 2012	Filing 35 NOTICE by CENTURY STEEL ERECTORS, INC. of the Deposition of Justin Vandevander (Smallwood, Edward)
February 8, 2012	Filing 34 NOTICE by CENTURY STEEL ERECTORS, INC. of the Deposition of Plaintiff Teresa Nestor (Smallwood, Edward)
February 6, 2012	Filing 33 RESPONSE to Motion re #29 MOTION in Limine Plaintiff's Motion In Limine /Daubert Motion in Regard to Defendant's Proposed Expert Witness, Stanley Pulz filed by CENTURY STEEL ERECTORS, INC.. (Attachments: #1 Exhibit A)(Smallwood, Edward)
February 3, 2012	Filing 32 NOTICE by CENTURY STEEL ERECTORS, INC. of the DEPOSITION OF ERNIE GRAHAM (Smallwood, Edward)
January 25, 2012	Filing 31 ORDER RESCHEDULING DAUBERT HEARING: It is ORDERED that the Daubert Hearing is reset to 2/17/2012 01:30 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. (previously scheduled for 2/16/12, per #24 Order). Signed by District Judge Irene M. Keeley on 1/25/12. (cnd)
January 16, 2012	Filing 30 MEMORANDUM of Law in Support of Plaintiff's Moition In Limine / Daubert Motion in Regard to Defendant's Proposed Expert Witness, Stanley Pulz by Teresa L. Nestor re #29 MOTION in Limine Plaintiff's Motion In Limine /Daubert Motion in Regard to Defendant's Proposed Expert Witness, Stanley Pulz. (Attachments: #1 Exhibit, #2 Exhibit)(Cooper, John)
January 16, 2012	Filing 29 MOTION in Limine Plaintiff's Motion In Limine /Daubert Motion in Regard to Defendant's Proposed Expert Witness, Stanley Pulz by Teresa L. Nestor. (Cooper, John)
January 3, 2012	Filing 28 CERTIFICATE OF SERVICE by CENTURY STEEL ERECTORS, INC. re #27 Other Document INITIAL DISCLOSURE OF EXPERT WITNESSES. (Smallwood, Edward)
January 3, 2012	Filing 27 Other Document INITIAL DISCLOSURE OF EXPERT WITNESSES filed by CENTURY STEEL ERECTORS, INC.. (Attachments: #1 Exhibit)(Smallwood, Edward)
December 1, 2011	Filing 26 CERTIFICATE OF SERVICE by Teresa L. Nestor Plaintiff's Initial Disclosure of Experts. (Cooper, John)
November 29, 2011	Filing 25 NOTICE by CENTURY STEEL ERECTORS, INC. of Service of Responses to Plaintiff's First Set of Interrogatories and Requests for Production (Smallwood, Edward)
November 7, 2011	Filing 24 ORDER RESCHEDULING DAUBERT HEARING: Daubert Hearing rescheduled for 2/16/2012 01:30 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 11/7/11. (jcs)
October 31, 2011	Filing 23 ORDER granting #22 Motion for Extension of Time to File. Signed by District Judge Irene M. Keeley on 10/31/11. (jcs)
October 31, 2011	Filing 22 Joint MOTION for Extension of Time to File Discovery and Disclosures by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
September 29, 2011	Filing 21 CERTIFICATE OF SERVICE by Teresa L. Nestor Plaintiff's Answer to Defendant's First Set of Interrogatories and Requests for the Production of Documents to Plaintiff, Teresa L. Nestor, Individually, and as Personal Representative of the Estate of Kelly Nestor, Deceased. (Cooper, John)
September 23, 2011	Filing 20 CERTIFICATE OF SERVICE by Teresa L. Nestor Plaintiff's First Set of Interrogatories and Request for Production to Defendant. (Cooper, John)
August 29, 2011	Filing 19 NOTICE by CENTURY STEEL ERECTORS, INC. Notice of Service of Defendant, Century Steel Erectors, Inc.'s First Set of Interrogatories and Requests for The Production of Documents to the Plaintiss, Teresa L. nestor, Individually, and as Personal Representative of the Estate of Kelly R. Nestor, Deceased (Smallwood, Edward)
June 3, 2011	Filing 18 SCHEDULING ORDER: Amended Pleadings due by 6/15/2011. Joinder of Parties due by 6/15/2011. Daubert Hearing set for 2/17/2012 01:30 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Discovery due by 4/30/2012. Motions in Limine due by 9/4/2012. Final Pretrial Conference set for 9/14/2012 03:00 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Final Settlement Conference set for 9/14/2012 03:00 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Proposed Pretrial Order due by 9/14/2012. Jury Selection set for 9/24/2012 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Jury Trial set for 9/24/2012 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 6/3/11. (jcs)
June 1, 2011	Filing 17 MINUTE ENTRY: *NOTICE* THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley: Scheduling Conference held on 6/1/2011. (Court Reporter L. Bachman.) (cjh)
May 12, 2011	Filing 16 CERTIFICATE OF SERVICE by Teresa L. Nestor Plaintiff's Disclosures Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure. (Cooper, John)
May 11, 2011	Filing 15 CERTIFICATE OF SERVICE by CENTURY STEEL ERECTORS, INC. Initial Disclosures (Smallwood, Edward)
April 25, 2011	Filing 14 REPORT of Rule 26(f) Planning Meeting. (Smallwood, Edward)
April 14, 2011	Filing 13 ORDER granting #12 Motion to Reschedule Scheduling Conference. Scheduling Conference reset for 6/1/2011 03:00 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 4/14/2011. (kd)
April 12, 2011	Filing 12 MOTION Reschedule Scheduling Conference by Teresa L. Nestor. (Cooper, John)
March 30, 2011	Filing 11 Corporate Disclosure Statement by CENTURY STEEL ERECTORS, INC.. (Smallwood, Edward)
March 29, 2011	Filing 10 Corporate Disclosure Statement by Teresa L. Nestor. (Cooper, John)
March 25, 2011	Filing 9 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: *NOTICE TO ATTORNEYS* : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 4/11/2011. Rule 26 Meeting Report due by 4/25/2011. Scheduling Conference set for 5/9/2011 10:00 AM via telephone before District Judge Irene M. Keeley. Discovery due by 5/11/2011. Signed by District Judge Irene M. Keeley on 3/25/11. (jcs) Modified on 3/25/2011; changed hearing to telephone hearing; regenerated NEF (jcs).
March 23, 2011	Filing 8 Century Steel Erectors, Inc.'s ANSWER to Complaint by CENTURY STEEL ERECTORS, INC..(Smallwood, Edward)
March 15, 2011	Filing 7 SEALED CERTIFIED STATE COURT RECORD from Preston County Circuit Court: (Attachments: #1 Complaint; #2 Return of Service; #3 Notification of Removal; and #4 Letter from Preston County Clerk.) (jcs) Modified on 3/23/2011 to seal main document, the complaint and the notification. Counsel notified via email. (mh).
March 14, 2011	Filing 6 NOTICE of Appearance by Edward A Smallwood on behalf of CENTURY STEEL ERECTORS, INC. (Smallwood, Edward)
March 14, 2011	Filing 5 NOTICE OF REMOVAL with State Court Papers from Circuit Court of Preston County, West Virginia, (case number 11-C-40), filed by CENTURY STEEL ERECTORS, INC.. (Attachments: # SEALED (1) Exhibit 'A')(Smallwood, Edward) Modified on 3/23/2011 to seal Exhibit A. Counsel notified via email (mh).
March 10, 2011	Filing 2 Filing fee: $ 350, receipt number 062452. (mh)
March 10, 2011	Filing 1 CIVIL COVER SHEET. Filing fee paid and case opened as of this date. Attorney directed to electronically file case opening documents. (mh)

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Search for this case: Nestor v. CENTURY STEEL ERECTORS, INC.
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Plaintiff: Teresa L. Nestor
Represented By:	Janet D. Preston
Represented By:	Jeffrey S. Bowers
Represented By:	John W. Cooper
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Defendant: CENTURY STEEL ERECTORS, INC.
Represented By:	Edward A Smallwood
Represented By:	L. John Argento
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Interested party: G. J. N.
Represented By:	Heather M. Weese
Represented By:	Richard W Shryock, Jr
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Interested party: E. P. N.
Represented By:	Patrick A. Nichols
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Interested party: K. D. N.
Represented By:	Peter G. Zurbuch
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