Lawhun et al v. CMH Homes, Inc. et al
Plaintiff: Jack Michael Lawhun and Heather Lawhun
Defendant: CMH Homes, Inc. doing business as Clayton Homes Morgantown, WV, CHM of KY, Inc., CMH Manufacturing, Inc. and John Doe Persons
Case Number: 1:2022cv00112
Filed: November 7, 2022
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Thomas S Kleeh
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2023 Opinion or Order Filing 20 SCHEDULING ORDER: Joinder of Parties and Amended Pleadings due by 3/9/2023. Discovery due by 10/1/2023. Motions due by 10/15/2023. Proposed Pretrial Order due by 12/31/2023. Final Pretrial/Settlement Conference set for 1/23/2024 10:00 AM in Clarksburg District Judge Courtroom, 2nd Floor before Chief District Judge Thomas S Kleeh. Jury Selection and Jury Trial set for 2/12/2024 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before Chief District Judge Thomas S Kleeh. Trial is anticipated to last 3 days. Signed by Chief District Judge Thomas S Kleeh on 1/05/2023. (jb)
January 5, 2023 Opinion or Order Filing 19 REPLY to Response to Motion re #12 MOTION to Strike #11 Response in Opposition to Motion filed by CMH Homes, Inc., CMH Manufacturing, Inc.. (Stemple, Jason)
December 30, 2022 Opinion or Order Filing 18 REPLY to Response to Motion re #9 MOTION to Remand to State Court Plaintiffs' Motion to Remand and/or, Alternatively, Motion to Amend and/or Substitute John Doe Defendant Pursuant to 28 USC 1447(e) filed by Heather Lawhun, Jack Michael Lawhun. (Attachments: #1 Exhibit 1)(Groome, Chad)
December 30, 2022 Opinion or Order Filing 17 RESPONSE in Opposition re #12 MOTION to Strike #11 Response in Opposition to Motion filed by Heather Lawhun, Jack Michael Lawhun. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Groome, Chad)
December 27, 2022 Opinion or Order Filing 16 STIPULATION re #12 MOTION to Strike #11 Response in Opposition to Motion , #14 Response to Motion, by Heather Lawhun, Jack Michael Lawhun. (Groome, Chad)
December 22, 2022 Opinion or Order Filing 15 REPORT of Rule 26(f) Planning Meeting. (Stemple, Jason)
December 19, 2022 Opinion or Order Filing 14 RESPONSE to Motion re #9 MOTION to Remand to State Court Plaintiffs' Motion to Remand and/or, Alternatively, Motion to Amend and/or Substitute John Doe Defendant Pursuant to 28 USC 1447(e) filed by CMH Homes, Inc., CMH Manufacturing, Inc.. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - DOL Closure of File, #3 Exhibit C - LOR from PA, #4 Exhibit D - Letter from PA re Contractor Info)(Stemple, Jason)
December 12, 2022 Opinion or Order Filing 13 REPLY to Response to Motion re #5 MOTION Compel Arbitration filed by CMH Homes, Inc., CMH Manufacturing, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Stemple, Jason)
December 12, 2022 Opinion or Order Filing 12 MOTION to Strike #11 Response in Opposition to Motion by CMH Homes, Inc., CMH Manufacturing, Inc.. (Stemple, Jason)
December 5, 2022 Opinion or Order Filing 11 RESPONSE in Opposition re #5 MOTION Compel Arbitration filed by Heather Lawhun, Jack Michael Lawhun. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Groome, Chad)
December 5, 2022 Opinion or Order Filing 10 Memorandum in Support re #9 MOTION to Remand to State Court Plaintiffs' Motion to Remand and/or, Alternatively, Motion to Amend and/or Substitute John Doe Defendant Pursuant to 28 USC 1447(e) filed by Heather Lawhun, Jack Michael Lawhun. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Groome, Chad)
December 5, 2022 Opinion or Order Filing 9 MOTION to Remand to State Court Plaintiffs' Motion to Remand and/or, Alternatively, Motion to Amend and/or Substitute John Doe Defendant Pursuant to 28 USC 1447(e) by Heather Lawhun, Jack Michael Lawhun. (Groome, Chad)
November 30, 2022 Opinion or Order Filing 8 Disclosure Statement Pursuant to Fed. R. Civ P. 7.1 Other Document filed by CMH Manufacturing, Inc.. (Stemple, Jason) (Main Document 8 replaced with flattened document on 12/2/2022) (dk).
November 30, 2022 Opinion or Order Filing 7 Disclosure Statement Pursuant to Fed. R. Civ P. 7.1 Other Document filed by CMH Homes, Inc.. (Stemple, Jason) (Main Document 7 replaced with flattened document on 12/2/2022) (dk).
November 21, 2022 Opinion or Order Filing 6 Memorandum in Support re #5 MOTION Compel Arbitration filed by CMH Homes, Inc., CMH Manufacturing, Inc.. (Stemple, Jason)
November 21, 2022 Opinion or Order Filing 5 MOTION Compel Arbitration by CMH Homes, Inc., CMH Manufacturing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Stemple, Jason)
November 9, 2022 Opinion or Order Filing 4 ANSWER to Complaint by CMH Manufacturing, Inc..(Stemple, Jason)
November 9, 2022 Opinion or Order Filing 3 ANSWER to Complaint by CMH Homes, Inc..(Stemple, Jason)
November 8, 2022 Opinion or Order Filing 2 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING CONFERENCE ***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 12/8/2022. Rule 26 Meeting Report due by 12/22/2022. Discovery due by 1/9/2023. Signed by Chief District Judge Thomas S Kleeh on 11/8/2022. (Copy counsel of record)(jmm)
November 7, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL with State Court Papers from Circuit Court Of Monongalia County, (case number 22-C-224), filed by CMH Manufacturing, Inc., CMH Homes, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) Filing Fee $402. Receipt #AWVNDC-3587621.(jmm)

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Plaintiff: Jack Michael Lawhun
Represented By: Chad C. Groome
Represented By: John R. Angotti
Represented By: David J. Straface
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Plaintiff: Heather Lawhun
Represented By: Chad C. Groome
Represented By: David J. Straface
Represented By: John R. Angotti
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Defendant: CMH Homes, Inc. doing business as Clayton Homes Morgantown, WV
Represented By: Jason J Stemple
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Defendant: CHM of KY, Inc.
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Defendant: CMH Manufacturing, Inc.
Represented By: Jason J Stemple
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Defendant: John Doe Persons
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