West Virginia Department of Transportation, Division of Highways v. Jefferson County Commission et al
Petitioner: West Virginia Department of Transportation, Division of Highways
Respondent: Jefferson County Commission, Federal Emergency Management Agency and United States of America
Case Number: 3:2018cv00122
Filed: August 2, 2018
Court: US District Court for the Northern District of West Virginia
Office: Martinsburg Office
County: Jefferson
Presiding Judge: John Preston Bailey
Referring Judge: Gina M Groh
Nature of Suit: Condemnation
Cause of Action: Actions affecting property on which United States had lien
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2018 Filing 15 RESPONSE to Motion re #14 MOTION to Dismiss for Lack of Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by West Virginia Department of Transportation, Division of Highways. (Attachments: #1 Exhibit Petitioner's Complaint)(Haley, Travis)
September 17, 2018 Filing 14 MOTION to Dismiss for Lack of Jurisdiction and, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Federal Emergency Management Agency, United States of America. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhbiit 6)(Reisenweber, Erin)
September 10, 2018 Opinion or Order Filing 13 SCHEDULING ORDER: Joinder and Amendments due by 12/6/2018. Discovery due by 6/7/2019. Motions due by 6/28/2019. Proposed Pretrial Order due by 8/22/2019. Final Pretrial Conference set for 8/29/2019 03:00 PM in Elkins District Judge Courtroom, 2nd Floor before District Judge John Preston Bailey. Jury Selection and Jury Trial set for 9/10/2019 08:30 AM in Elkins District Judge Courtroom, 2nd Floor before District Judge John Preston Bailey. Signed by District Judge John Preston Bailey on 9/10/2018. (tlg)
September 7, 2018 Filing 12 REPORT of Rule 26(f) Planning Meeting. (Reisenweber, Erin)
August 29, 2018 Opinion or Order Filing 11 ORDER GRANTING MOTION #10 FOR EXTENSION OF TIME TO ANSWER OR TO OTHERWISE RESPOND TO PETITION. FEMA and United States of America answer due 9/17/2018. Signed by District Judge John Preston Bailey on 8/29/2018. (tlg)
August 29, 2018 Filing 10 MOTION for Extension of Time to File Answer or Otherwise Respond to Petition by Federal Emergency Management Agency, United States of America. (Reisenweber, Erin)
August 22, 2018 Filing 9 Counter Defendant's ANSWER to #3 Answer to Complaint, Counterclaim of the Jefferson County Commission by West Virginia Department of Transportation, Division of Highways.(Haley, Travis)
August 17, 2018 Filing 8 NOTICE of Appearance by Travis S. Haley on behalf of West Virginia Department of Transportation, Division of Highways (Haley, Travis)
August 13, 2018 Opinion or Order Filing 7 ORDER: It is hereby ORDERED that the answer or other responsive pleadings of the US and FEMA be filed up to and including sixty (60) days following the July 5, 2018 service of the US in this action or by September 3, 2018. Signed by District Judge John Preston Bailey on 8/13/2018. (cmd)
August 10, 2018 Opinion or Order Filing 6 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 9/10/2018. Rule 26 Meeting Report due by 9/24/2018. Discovery due by 10/10/2018. Signed by District Judge John Preston Bailey on 8/10/2018. (cmd)
August 9, 2018 Opinion or Order Filing 5 ORDER TRANSFERRING CASE. Signed by Chief Judge Gina M. Groh on 8/9/2018. (tlg)
August 7, 2018 Filing 4 MOTION to Establish Time Frame for Filing of Defenses and Objections Pursuant to Rule 12 by Federal Emergency Management Agency, United States of America. (Attachments: #1 Proposed Order)(Reisenweber, Erin)
August 3, 2018 Filing 3 Jefferson County Commission's ANSWER to Complaint , COUNTERCLAIM against West Virginia Department of Transportation, Division of Highways by Jefferson County Commission.(Cochran, Nathan)
August 2, 2018 Filing 2 VERIFICATION OF ATTORNEY ADMISSION as to Rachel L. Phillips. (tlg)
August 2, 2018 Filing 1 NOTICE OF REMOVAL with State Court Papers from Circuit Court of Jefferson County, WV, (case number 18-C-99), filed by Federal Emergency Management Agency. (Attachments: #1 Exhibit 1, state court documents; #2 Exhibit 2, notice of filing notice of removal; #3 Civil Cover Sheet). No filing fee paid - US defendant(tlg)

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Respondent: Jefferson County Commission
Represented By: Nathan P. Cochran
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Respondent: Federal Emergency Management Agency
Represented By: Erin K. Reisenweber
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Respondent: United States of America
Represented By: Erin K. Reisenweber
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Petitioner: West Virginia Department of Transportation, Division of Highways
Represented By: Rachel L. Phillips
Represented By: Travis S. Haley
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