Barber et al v. Magnum Land Services, LLC et al
Floyd Barber, Shawn Barber, Richard Beeghly, Ellen Beeghly, Delbert Bell, Phyllis Bell, Charles W. Bell, Charles R. Bell, Doris Bell, Charles Bennett, Judith Bennett, Judith Bewley, Carol Keller, Dorsey Bolyard, Patsie Bolyard, Morell Bolyard, Sylvia Bolyard, Roger Bolyard, Melissa Bolyard, Junior Bolyard, Barbara Joe Bolyard, Orpha Bolyard, Gene Bolyard, Linda Bolyard, Arnold Bolyard, Sarah Bolyard, Margery Bolyard, Pamela Reed, Kevin Williams, Gary Bowman, Linda Bowman, Lonzo Carr, Lola Carr, Bradley Castle, Carol Castle, Harlan Castle, Mary Castle, Gordon Cathell, Patricia Cathell, Marvin Cline, Samuel Cline, Blossom Cline, Roger Cole, David Colebank, Donald Colebank, Wanda Colebank, Keith Conn, Gary Conner, Karen Conner, Jon Delsignore, Kimberly Delsignore, Catherine Durr, Mark Carr, Bernard Farrell, Nancy Farrell, Kenneth Farrell, Ernestine Farrell, Roger Forman, Dennis Frasco, Debra Insana, David E. Friend, David Friend, II, Allen Goff, Donna Goff, Marvin A. Cline, Samuel M. Cline, Joseph P. Cline, Danny W. Sigley, Doyle Harsh, Catherine Harsh, Wade Harsh, Judith Harsh, Gary Henline, David Henline, Jackson Hershman, Delmer Hershman, Carol Hershman, Billy Hovatter, Richard Hutzell, Rose Laren Johnson, Tonya Johnson, Edward Knotts, Linda Knotts, Hayward Knotts, Phyllis Knotts, Lester McCrobie, Franklin Donald Moats, Jr., David Murray, Cheryl Murray, John F. Murray, Robert Murray, Waneta Murray, Sandra Jennings, James W. Noce, Norman Ridenour, Nancy Ridenour, Emerson Ridenour, Doris Ridenour, Virginia Salsgiver, William Sargent, Lynn Sargent, Delbert Shaffer, Brian Shaffer, John Shaffer, Kathy Shaffer, Gerald Shahan, Rose Shahan, Burr Sisler, Sharon Sisler, Charles E. Sisler, Helen Tingle, Roger Waybright, Amanda Welch, L. Darwin Wolfe, Karen Wolfe, Russell Wolfe, Ronald Zinn, Jeannie Strahin, David Bee and Linda Bee |
Magnum Land Services, LLC, Belmont Resources, LLC, Enerplus Resources (USA) Corporation, David A. Schriml, Dan Goodell, Dennis Darby, Jason Carney, John Munhall, Kelly Stumbo, Jake Carney, Joseph Schriml, Brian Aspenleiter and John Does 1-10 |
1:2013cv00095 |
February 28, 2013 |
US District Court for the Northern District of West Virginia |
Clarksburg Office |
Preston |
Irene M Keeley |
Real Property: Other |
28 U.S.C. § 1332 Diversity-Contract Dispute |
Plaintiff |
Docket Report
This docket was last retrieved on May 17, 2016. A more recent docket listing may be available from PACER.
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Entry done for statistical purposes only to terminate appeal. All Appeal documents can be found in case 1:13-cv-33. (cmd) |
Filing 35 ORDER granting 154 Motion in case 1:13-cv-00033-IMK-JSK. The Court GRANTS the motion; FINDS that the plaintiffs have satisfied their filing and docketing fees by paying a fee of $505 in each of the two sets of consolidated cases (total of $1010); and DIRECTS the Clerk to refund any filing and docketing fees paid on appeal other than the $505 noted in Dkt. No. 146 in Case No. 1:13CV33, and the $505 noted in Dkt. No. 64 in Case No. 1:13CV113. This order is docketed in cases 1:13cv33 through 1:13cv100 and in cases 1:13cv113 through 1:13cv115. Signed by District Judge Irene M. Keeley on 12/8/2014. (kd) |
Filing 36 NOTICE OF APPEAL is hereby given that Floyd Barber, as lead plaintiff, and all other plaintiffs (Floyd Barber et.al) in the above named cases jointly appeal the Judgment entered in this action on October 14, 2014 (and the Amended Judgments as to other plaintiffs filed November 7, 2014). In the alternative, this appeal is brought by Floyd Barber, representative of all plaintiffs. This appeal also includes appeals of the following orders: Memorandum and Order Granting Defendants' Motions for Summary Judgment entered on October 14, 2014; Order Granting in Part and Denying in Part Defendant's Supplemental Motion to dismiss entered March 18, 2014; Order Adopting The Court's March 18, 2014 Order from the Bell Cases and Dismissing Count VI of the Plaintiffs' Complaint with Prejudice entered March 19, 2014; and Order Dismissing Certain Defendants without Prejudice, Denying Motion to Remand, and Granting in Part and Denying in Part Motions to Dismiss, entered on September 11, 2013. THIS NOTICE WAS DOCKETED IN CASE 1:13CV33 ON 11/12/2014. IT IS NOW ALSO DOCKETED IN CASES 1:13CV34 THROUGH 1:13CV100. THE APPELLATE CASE WAS OPENED ON 11/14/2014 AS APPEAL CASE # 14-2248. CASE MANAGER: SHARON WILEY. (kd) |
Filing 34 CLERK'S AMENDED JUDGMENT Signed by Clerk of Court on 11/7/2014. (kd) |
Filing 33 NOTICE OF DOCKET CORRECTION re Final Order and Clerk's Judgments. The documents were correctly filed in the LEAD case for discover (1:13cv33). They are now filed in each member case as well. (kd) |
Filing 32 CLERK'S AMENDED JUDGMENT. Signed by Clerk of Court on 10/20/14. (kd) |
Filing 31 CLERK'S JUDGMENT Signed by Clerk of Court on 10/14/2014. (kd) |
Filing 30 MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (CASE NOS. 1:13CV33-1:13CV100, DKT NOS. 109, 111 and 113, Case Nos. 1:13CV113-1:13CV115, DKT. NOS, 32, 34, 36). The Clerk is directed to enter a separate judgment order in this matter. Signed by District Judge Irene M. Keeley on 10/14/2014. (kd) |
Filing 29 ORDER CONSOLIDATING CASES FOR DISCOVERY. The Lead Case is 1:13CV33. Signed by District Judge Irene M. Keeley on 10/22/2013. (kd) |
Cases associated: Create association to LEAD CASE 1:13-cv-00033-IMK. (kd) |
Filing 28 ANSWER to Complaint by Magnum Land Services, LLC.(Smith, Amy) |
Filing 27 ANSWER to Complaint by Enerplus Resources (USA) Corporation.(Owen, Richard) |
Filing 26 ANSWER to Complaint by Belmont Resources, LLC.(Owen, Richard) |
Filing 25 CERTIFICATE OF SERVICE by Enerplus Resources (USA) Corporation Rule 26(a)(1) Disclosures. (Owen, Richard) |
Filing 24 CERTIFICATE OF SERVICE by Belmont Resources, LLC Rule 26(a)(1) Disclosures. (Owen, Richard) |
Filing 23 CERTIFICATE OF SERVICE by Magnum Land Services, LLC Rule 26(a)(1)(A) Initial Disclosures. (Smith, Amy) |
Filing 22 ORDER DISMISSING CERTAIN DEFENDANTS WITHOUT PREJUDICE, DENYING MOTION TO REMAND, AND GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS in case 1:13-cv-00071-IMK in case 1:13-cv-00072-IMK in case 1:13-cv-00073-IMK in case 1:13-cv-00074-IMK in case 1:13-cv-00075-IMK in case 1:13-cv-00076-IMK in case 1:13-cv-00077-IMK in case 1:13-cv-00078-IMK in case 1:13-cv-00079-IMK in case 1:13-cv-00080-IMK in case 1:13-cv-00081-IMK in case 1:13-cv-00082-IMK in case 1:13-cv-00083-IMK in case 1:13-cv-00084-IMK in case 1:13-cv-00085-IMK in case 1:13-cv-00086-IMK in case 1:13-cv-00087-IMK in case 1:13-cv-00088-IMK in case 1:13-cv-00089-IMK in case 1:13-cv-00090-IMK in case 1:13-cv-00091-IMK in case 1:13-cv-00092-IMK in case 1:13-cv-00093-IMK in case 1:13-cv-00094-IMK in case 1:13-cv-00095-IMK in case 1:13-cv-00096-IMK in case 1:13-cv-00097-IMK in case 1:13-cv-00098-IMK in case 1:13-cv-00099-IMK in case 1:13-cv-00100-IMK. The Court DISMISSES the following defendants, Dan Goodell, Dennis Darby, Jason Carney, John Munhall, Kelly Stumbo, Jake Carney, Joseph Schriml, Brian Aspenleiter, and John Does 1 - 10, WITHOUT PREJUDICE because the plaintiffs have failed to serve them with timely process. See F. R. Civ. P. 4(m). Accordingly, the Court DISMISSES Counts 1, 2, 3, and 5 WITH PREJUDICE, and DISMISSES Count 7, in part, and Count 8 WITHOUT PREJUDICE. Signed by District Judge Irene M. Keeley on 9/11/2013. (kd) |
Filing 21 SCHEDULING ORDER: Amended Pleadings due by 10/10/2013. Joinder of Parties due by 10/10/2013. Discovery due by 6/9/2014. Dispositive Motions due by 6/30/2014. Proposed Pretrial Order due by 10/9/2014. Pretrial Conference/Final Settlement Conference set for 10/20/2014 10:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Jury Selection followed by Jury Trial set for 10/27/2014 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 9/11/2013. (kd) |
Filing 20 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley: Motion Hearing held on 9/10/2013 re MOTIONS to Dismiss and MOTIONS to Remand ; Scheduling Conference held on 9/10/2013. (Court Reporter L. Bachman.) (cjh) |
Filing 19 NOTICE FROM THE COURT. The Court gives notice that it intends to take up the pending motion to remand and motions to dismiss at the scheduling conference set for Tuesday, September 10, 2103 at 2:00 P.M. Signed by District Judge Irene M. Keeley on 9/5/2013. (kd) |
Filing 18 REPORT of Rule 26(f) Planning Meeting. (Smith, Amy) |
Filing 17 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 8/20/2013. Rule 26 Meeting Report due by 8/27/2013. Scheduling Conference set for 9/10/2013 02:00 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Initial Discovery Disclosures due by 9/20/2013. Signed by District Judge Irene M. Keeley on 8/6/2013. (kd) |
Filing 16 Corporate Disclosure Statement by Enerplus Resources (USA) Corporation. (Owen, Richard) |
Filing 15 REPLY to Response to Motion re #9 MOTION to Remand filed by Helen Tingle. (Rokisky, Jeffrey) |
Filing 14 REPLY to Response to Motion re #4 MOTION to Dismiss filed by Magnum Land Services, LLC. (Smith, Amy) |
Filing 13 Memorandum in Support re #3 MOTION to Dismiss Reply Memorandum In Support of Motion To Dismiss filed by Belmont Resources, LLC, Enerplus Resources (USA) Corporation. (Owen, Richard) |
Filing 12 RESPONSE to Motion re #9 MOTION to Remand filed by Magnum Land Services, LLC. (Attachments: #1 Affidavit of Pamela Lovato)(Smith, Amy) |
Filing 11 Memorandum in Opposition re #3 MOTION to Dismiss , #4 MOTION to Dismiss filed by Helen Tingle. (Rokisky, Jeffrey) |
Filing 10 ORDER granting in part and denying in part (7) Motion to Stay in case 1:13-cv-00084-IMK in case 1:13-cv-00085-IMK in case 1:13-cv-00086-IMK in case 1:13-cv-00087-IMK in case 1:13-cv-00088-IMK in case 1:13-cv-00089-IMK in case 1:13-cv-00090-IMK in case 1:13-cv-00091-IMK in case 1:13-cv-00092-IMK in case 1:13-cv-00093-IMK in case 1:13-cv-00094-IMK in case 1:13-cv-00095-IMK in case 1:13-cv-00096-IMK in case 1:13-cv-00097-IMK in case 1:13-cv-00098-IMK in case 1:13-cv-00099-IMK in case 1:13-cv-00100-IMK. The plaintiffs' responses to the defendants' motions to dismiss are due on or before Thursday, April 11, 2013. Signed by District Judge Irene M. Keeley on 4/3/2013. (kd) |
Filing 9 MOTION to Remand by Helen Tingle. (Attachments: #1 Memorandum)(Rokisky, Jeffrey) |
Filing 8 RESPONSE to Motion re #7 MOTION to Stay Defendants Joint Response to Plaintiffs' Motion to Stay Defendants' Motions to Dismiss or in The Alternative Motion for Extension of Time to Respond to Defendants' Motions to Dismiss filed by Magnum Land Services, LLC. (Smith, Amy) |
Filing 7 MOTION to Stay by Charles E. Sisler. (Attachments: #1 Memorandum)(Rokisky, Jeffrey) |
Filing 6 CERTIFIED STATE COURT RECORD from Preston County Circuit Court (cc) |
Filing 5 MEMORANDUM in Support of by Magnum Land Services, LLC re #4 MOTION to Dismiss . (Smith, Amy) |
Filing 4 MOTION to Dismiss by Magnum Land Services, LLC. (Smith, Amy) |
Filing 3 MOTION to Dismiss by Belmont Resources, LLC, Enerplus Resources (USA) Corporation. (Attachments: #1 Attachment Memorandum of Law In Support of Motion To Dismiss)(Owen, Richard) |
Filing 2 Filing fee: $ 350.00, receipt number WVNC000570 (kd) |
Filing 1 NOTICE OF REMOVAL with State Court Papers from Preston County Circuit Court, (case number 12-C-267), filed by Belmont Resources, LLC, Enerplus Resources (USA) Corporation, Magnum Land Services, LLC. (Attachments: #1 Exhibit 1 State Court Documents, #2 Exhibit 2 State Court Documents, #3 Civil Cover Sheet)(cc) |
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