Mitter et al v. Glover et al
Plaintiff: Elisabeth Mitter
Defendant: Lester E. Specht, Bradley Halladay, E.K. Bare & Sons, Inc., Linda Good, Scott Wagner Trucking, Inc. doing business as S. Wagner Trucking, Inc., Lester Specht, Ragen Horst, Triple C Transportation Limited Liability Company doing business as Triple C Transportation LLC, Robert Horst, Christopher Allen Glover and State Farm Mutual Automobile Insurance Company
Interested Party: B. K.
Case Number: 3:2021cv00013
Filed: January 26, 2021
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Gina M Groh
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2022 Opinion or Order Filing 133 ORDER ***SEALED***; ***SEALED***. Signed by District Judge Gina M Groh on 3/31/2022. Certified copies mailed and emailed to counsel of record and GAL.(tlg)
March 31, 2022 Opinion or Order Filing 131 ORDER GRANTING PLAINTIFF'S SECOND MOTION 127 FOR LEAVE TO FILE UNDER SEAL. Signed by District Judge Gina M Groh on 3/31/2022. (tlg)
March 31, 2022 Filing 129 Clerk's Exhibit and Witness List re: sealed motions hearing.(cwm)
March 30, 2022 Filing 128 RESPONSE AND ANSWER OF GUARDIAN AD LITEM as to B. K. filed by Tracy Weese. (cwm)
March 10, 2022 Opinion or Order Filing 126 ORDER. Signed by Chief Judge Gina M. Groh on 3/10/2022. (tlg)
March 4, 2022 Filing 125 NOTICE of Appearance by Brittany Given Simmons on behalf of E.K. Bare & Sons, Inc. (Simmons, Brittany)
February 23, 2022 Opinion or Order Filing 123 ORDER GRANTING PLAINTIFF'S MOTION #122 FOR LEAVE TO FILE UNDER SEAL. Signed by Chief Judge Gina M. Groh on 2/23/2022. (tlg)
February 22, 2022 Filing 122 MOTION for Leave to File Under Seal by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Attachments: #1 Proposed Order)(Skinner, Stephen)
February 3, 2022 Opinion or Order Filing 121 ORDER. Signed by Chief Judge Gina M. Groh on 2/3/2022. (tlg)
February 2, 2022 Filing 120 MOTION for Extension of Time to File Settlement Information to the Guardian Ad Litem and File Motion for Settlement Approval and to Continue Hearing by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Attachments: #1 Proposed Order)(Skinner, Stephen)
February 1, 2022 Opinion or Order Filing 119 ORDER APPOINTING GUARDIAN AD LITEM AND SETTING HEARING. Signed by Chief Judge Gina M. Groh on 2/1/2022. Copy emailed to T. Weese.(tlg)
January 14, 2022 Filing 118 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) . (Skinner, Stephen)
January 11, 2022 Opinion or Order Filing 117 ORDER GRANTING JOINT MOTION #116 TO EXTEND DEADLINES FOR EXPERT DISCLOSURES, EXAMINATIONS/INSPECTIONS, AND COMPLETION OF DISCOVERY. Signed by Chief Judge Gina M. Groh on 1/11/2022. (tlg)
January 10, 2022 Filing 116 MOTION for Extension of Time to Complete Discovery by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Attachments: #1 Proposed Order)(Skinner, Stephen)
December 23, 2021 Filing 115 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) . (Skinner, Stephen)
December 9, 2021 Filing 114 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) . (Skinner, Stephen)
December 7, 2021 Filing 113 NOTICE by E.K. Bare & Sons, Inc. of Filing Proof of Service (Attachments: #1 Exhibit A - USPS Tracking Information)(Bolen, J.)
November 17, 2021 Filing 112 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) . (Skinner, Stephen)
November 16, 2021 Opinion or Order Filing 111 PAPERLESS ORDER: Upon review and consideration of Defendant Specht's #80 Motion for Leave to File Surreply, the Court finds that the Motion is moot in light of the Court's prior #110 Order, and the #80 Motion is therefore DENIED AS MOOT. Signed by Chief Judge Gina M. Groh on November 16, 2021. (wlb)
November 15, 2021 Opinion or Order Filing 110 ORDER GRANTING DEFENDANT SPECHT'S MOTION #40 TO DISMISS. Signed by Chief Judge Gina M. Groh on 11/15/2021. (tlg)
November 11, 2021 Filing 109 NOTICE by E.K. Bare & Sons, Inc. of Withdrawal (of Danielle Empson) (Bolen, J.)
November 10, 2021 Filing 108 NOTICE by E.K. Bare & Sons, Inc. of Intent to Serve Subpoena (Attachments: #1 Subpoena Duces Tecum)(Bolen, J.)
October 29, 2021 Filing 107 Memorandum in Support re #101 MOTION in Limine to Exclude Defendants' Notices of NonParty Fault and Motion to Strike Defendant Specht's Untimely Opposition filed by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased). (Skinner, Stephen)
October 28, 2021 Filing 106 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) . (Skinner, Stephen)
October 23, 2021 Filing 105 RESPONSE in Opposition re #101 MOTION in Limine to Exclude Defendants' Notices of NonParty Fault filed by Lester E. Specht. (Mayhew, Jonathan)
October 22, 2021 Filing 104 RESPONSE in Opposition re #101 MOTION in Limine to Exclude Defendants' Notices of NonParty Fault filed by E.K. Bare & Sons, Inc.. (Attachments: #1 Exhibit A - C. Glover Supplemental ATI No. 4, #2 Exhibit B - Courtland Notice of Non-Party Fault and Supplemental Notice of Non-Party Fault)(Bolen, J.)
October 22, 2021 Filing 103 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) . (Skinner, Stephen)
October 8, 2021 Filing 102 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) . (Skinner, Stephen)
October 8, 2021 Filing 101 MOTION in Limine to Exclude Defendants' Notices of NonParty Fault by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Attachments: #1 Attachment Memorandum of Law, #2 Proposed Order)(Skinner, Stephen)
August 16, 2021 Filing 100 CERTIFICATE OF SERVICE by Lester E. Specht . (Olds, Evan)
August 16, 2021 Filing 99 CERTIFICATE OF SERVICE by Lester E. Specht . (Olds, Evan)
July 21, 2021 Filing 98 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) . (Skinner, Stephen)
July 20, 2021 Filing 97 NOTICE by Lester E. Specht (Olds, Evan)
July 14, 2021 Filing 96 NOTICE by E.K. Bare & Sons, Inc. of Non-Party Fault (Bolen, J.)
July 11, 2021 IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. 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 WVND e-filing account in the new NextGen CM/ECF system on or after July 19, 2021. Instructions for linking your account can be found #here. PLEASE NOTE: The WVND CM/ECF system will be unavailable from 1:00 pm on Friday July 16, 2021 until 8:00 am Monday, July 19, 2021. An extension for electronic filing will be granted for all documents with court-imposed deadlines falling between 1:00 pm on Friday, July 16, 2021, and midnight on Sunday, July 18, 2021. All documents due during that period must be filed prior to 1:00 pm Friday, July 16, 2021, or on Monday, July 19, 2021. If you have any additional questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI)
July 8, 2021 Opinion or Order Filing 95 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF KENNETH J. LADUCA, ESQ. AS COUNSEL FOR PLAINTIFF. Signed by Chief Judge Gina M. Groh on 07/08/2021. (cwm)
July 6, 2021 Filing 94 MOTION to Withdraw as Attorney of Kenneth J. Laduca by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Attachments: #1 Proposed Order)(Skinner, Stephen)
June 28, 2021 Filing 93 CERTIFICATE OF SERVICE by Bradley Halladay for Supplemental Responses to Plaintiff Elisabeth Mitter's First Set of Requests for Production of Documents. (Bolen, J.)
June 28, 2021 Filing 92 CERTIFICATE OF SERVICE by Ragen Horst for Supplemental Responses to Plaintiff Elisabeth Mitter's First Set of Requests for Production of Documents. (Bolen, J.)
June 28, 2021 Filing 91 CERTIFICATE OF SERVICE by Robert Horst for his Supplemental Responses to Plaintiff Elisabeth Mitter's First Set of Requests for Production of Documents. (Bolen, J.)
June 28, 2021 Filing 90 CERTIFICATE OF SERVICE by E.K. Bare & Sons, Inc. for Its Supplemental Responses to Plaintiff Elisabeth Mitter's First Set of Requests for Production of Documents. (Bolen, J.)
June 19, 2021 IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM?ECF system to Next Generation of CM/ECF (NextGen CM/ECF) on Monday, July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here. Preparing for NextGen Cm/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have thei r own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-fling account in the new NextGen CM/ECF system on or after July 19, 2021. Please log in to the WVND CM/ECF system at https://ecf.wvnd.uscourts.gov/ before July 19, 2021 to make sure you know your current WVND e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVND Clerks CM/ECF Office Help Desk at (304) 267-5682. (cmd) (ADI)
June 14, 2021 Filing 89 REPLY to Response to Motion re #81 MOTION to Intervene filed by State Farm Mutual Automobile Insurance Company. (Snowden, Susan)
June 7, 2021 Filing 88 RESPONSE in Opposition re #81 MOTION to Intervene By State Farm Insurance to File a Third Party Complaint filed by Lester E. Specht. (Mayhew, Jonathan)
June 2, 2021 Filing 87 STIPULATION by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Skinner, Stephen)
May 30, 2021 IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here.Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the New WVND NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVND e-filing attorneys once the WVND NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVND e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cant be completed until on or after July 19, 2021. The first step is to 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 un upgraded PACER account and no action is required until after the WVND NextGen CM/ECF upgrade occurs on July 19, 2021: 1) You have a 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 current WVND CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent later detailing how to handle the second step in this process. If you still have questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI)
May 27, 2021 Filing 86 STIPULATION Joint Regarding Discovery by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Skinner, Stephen)
May 27, 2021 Opinion or Order Filing 85 AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b). Signed by Chief Judge Gina M. Groh on 05/27/2021. (cwm)
May 27, 2021 Opinion or Order Filing 84 AGREED PROTECTIVE ORDER. Signed by Chief Judge Gina M. Groh on 05/27/2021. (cwm)
May 26, 2021 Filing 83 Joint MOTION for Protective Order and 502(b) Order by E.K. Bare & Sons, Inc.. (Attachments: #1 Exhibit A - Protective Order, #2 Exhibit B - 502(b) Order)(Bolen, J.)
May 24, 2021 Filing 82 MEMORANDUM of Law in Support by State Farm Mutual Automobile Insurance Company re #81 MOTION to Intervene . (Snowden, Susan)
May 24, 2021 Filing 81 MOTION to Intervene by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Snowden, Susan)
May 21, 2021 Filing 80 MOTION for Leave to File Surreply by Lester E. Specht. (Attachments: #1 Attachment Proposed Surreply)(Olds, Evan)
May 20, 2021 Filing 79 CERTIFICATE OF SERVICE by Christopher Allen Glover Defendant, Christopher Allen Glover's Supplemental Objections and Answers to Plaintiff, Elisabeth Mitter's First Set of Interrogatories. (Hettrich, Jordan)
May 20, 2021 Filing 78 CERTIFICATE OF SERVICE by Triple C Transportation Limited Liability Company Defendant, Triple C Transportation, LLC's Supplemental Objections and Responses to Plaintiff Elisabeth Mitter's First Request for Production of Documents. (Hettrich, Jordan)
May 20, 2021 Filing 77 CERTIFICATE OF SERVICE by Scott Wagner Trucking, Inc. Defendant, S. Wagner Trucking, Inc.'s First Supplemental Objections and Answers to Plaintiff Elisabeth Mitter's First Set of Interrogatories. (Hettrich, Jordan)
May 20, 2021 Filing 76 CERTIFICATE OF SERVICE by Triple C Transportation Limited Liability Company Defendant, Triple C Transportation Limited Liability Company's First Supplemental Objections and Answers to Plaintiff Elisabeth Mitter's First St of Interrogatories. (Hettrich, Jordan)
May 20, 2021 Filing 75 CERTIFICATE OF SERVICE by Scott Wagner Trucking, Inc. Defendant, S. Wagner Trucking, Inc.'s Supplemental Objections and Responses to Plaintiff Elisabeth Mitter's First Request for Production of Documents. (Hettrich, Jordan)
May 14, 2021 Filing 74 REPLY to Response to Motion re #57 MOTION for Leave to File Supplement Her Opposition to Defendant Lester Spechts a/k/a Lester E. Specht, Motion to Dismiss Plaintiffs Complaint filed by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Skinner, Stephen)
May 10, 2021 Filing 73 CERTIFICATE OF SERVICE by E.K. Bare & Sons, Inc. reflecting service of Rule 26(a)(1) Disclosures. (Bolen, J.)
May 10, 2021 Filing 72 CERTIFICATE OF SERVICE by Lester E. Specht Defendant's Initial Disclosures. (Olds, Evan)
May 10, 2021 Filing 71 CERTIFICATE OF SERVICE by Lester E. Specht Defendant's Supplemental Response to Plaintiff's First Requests for Production. (Olds, Evan)
May 10, 2021 Filing 70 CERTIFICATE OF SERVICE by Lester E. Specht Verification to Defendant's Responses to Plaintiff's, as PR for King, First Interrogatories. (Olds, Evan)
May 10, 2021 Filing 69 CERTIFICATE OF SERVICE by Lester E. Specht Verification to Defendant's Answers to Plaintiff's First Interrogatories. (Olds, Evan)
May 10, 2021 Filing 68 CERTIFICATE OF SERVICE by Christopher Allen Glover, Scott Wagner Trucking, Inc., Triple C Transportation Limited Liability Company Rule 26(a)(1) Initial Disclosures. (Hettrich, Jordan)
May 10, 2021 Filing 67 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) . (Skinner, Stephen)
May 7, 2021 Filing 66 CERTIFICATE OF SERVICE by Robert Horst reflecting service of Answers to First Set of Interrogatories and Responses to First Set of Request for Production of Documents of Plaintiff Elisabeth Mitter. (Bolen, J.)
May 7, 2021 Filing 65 CERTIFICATE OF SERVICE by Ragen Horst reflecting service of Answers to First Set of Interrogatories and Responses to First Set of Request for Production of Documents of Plaintiff Elisabeth Mitter. (Bolen, J.)
May 7, 2021 Filing 64 CERTIFICATE OF SERVICE by Bradley Halladay reflecting service of Answers to First Set of Interrogatories and Responses to First Set of Request for Production of Documents of Plaintiff Elisabeth Mitter. (Bolen, J.)
May 7, 2021 Filing 63 CERTIFICATE OF SERVICE by E.K. Bare & Sons, Inc. reflecting service of Answers to Plaintiff Elisabeth Mitter's First Set of Interrogatories and Responses to First Set of Request for Production of Documents. (Bolen, J.)
May 7, 2021 Filing 62 CERTIFICATE OF SERVICE by E.K. Bare & Sons, Inc. reflecting service of Answers to Plaintiff Elisabeth Mitter's, as Personal Representative of the Estate of John Everett King III, Deceased, First Set of Interrogatories. (Bolen, J.)
May 7, 2021 Filing 61 RESPONSE in Opposition re #57 MOTION for Leave to File Supplement Her Opposition to Defendant Lester Spechts a/k/a Lester E. Specht, Motion to Dismiss Plaintiffs Complaint, #48 MOTION for Leave to File Surreply filed by Lester E. Specht. (Olds, Evan)
May 7, 2021 Filing 60 CERTIFICATE OF SERVICE by Lester E. Specht Answers to Plaintiff's, as Personal Representative of King, First Set of Interrogatories. (Olds, Evan)
May 7, 2021 Filing 59 CERTIFICATE OF SERVICE by Lester E. Specht Responses to Plaintiff's First Set of Requests for Production. (Olds, Evan)
May 7, 2021 Filing 58 CERTIFICATE OF SERVICE by Lester E. Specht Answers to Plaintiff's First Set of Interrogatories. (Olds, Evan)
April 30, 2021 Filing 57 MOTION for Leave to File Supplement Her Opposition to Defendant Lester Spechts a/k/a Lester E. Specht, Motion to Dismiss Plaintiffs Complaint by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Attachments: #1 Exhibit Exhibit 1 - Supplement to Plaintiffs Opposition to Defendant Lester Spechts a/k/a Lester E. Specht, Motion to Dismiss Plaintiffs Complaint, #2 Proposed Order Proposed Order)(Skinner, Stephen)
April 26, 2021 Filing 56 REPLY to Response to Motion re #48 MOTION to Dismiss Plaintiff's Complaint filed by Lester E. Specht. (Attachments: #1 Exhibit Ex C)(Olds, Evan)
April 23, 2021 Filing 55 STIPULATION by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Skinner, Stephen)
April 20, 2021 Opinion or Order Filing 54 SCHEDULING ORDER. Signed by Chief Judge Gina M. Groh on 4/20/2021. (cmd)
April 19, 2021 Filing 53 RESPONSE in Opposition re #40 MOTION to Dismiss for Lack of Jurisdiction filed by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order)(Skinner, Stephen)
April 16, 2021 Filing 52 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit 1)(Skinner, Stephen)
April 13, 2021 Opinion or Order Filing 51 ORDER GRANTING PLAINTIFF'S MOTIONFOR LEAVE TO FILE SURREPLY. Signed by Chief Judge Gina M. Groh on 04/13/2021. (cwm)
April 12, 2021 Filing 50 MEMORANDUM in Opposition to Plaintiff's Request to File Sur-Reply by E.K. Bare & Sons, Inc. re #48 Response to Motion, . (Bolen, J.)
April 9, 2021 Filing 49 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased) First Set of Discovery (Skinner, Stephen)
April 8, 2021 Filing 48 PLAINTIFF'S MOTION FOR LEAVE TO FILE SURREPLY/RESPONSE to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Motion for Leave to File Surreply filed by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased). (Attachments: #1 Exhibit 1, #2 Proposed Order)(Skinner, Stephen) Modified: to modify event type on 4/13/2021 (cwm).
April 2, 2021 Filing 47 REPLY to Response to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by E.K. Bare & Sons, Inc.. (Attachments: #1 Exhibit A - Triple C Answer to Interrogatory No. 4)(Bolen, J.)
March 29, 2021 Filing 46 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) . (Skinner, Stephen)
March 26, 2021 Filing 45 RESPONSE in Opposition re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Attachments: #1 Exhibit 1, #2 Proposed Order)(Skinner, Stephen)
March 26, 2021 Opinion or Order Filing 44 ORDER GRANTING PLAINTIFF'S CONSENT MOTION TO EXTEND DEADLINE TO OPPOSE DEFENDANT SPECHT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT. Signed by Chief Judge Gina M. Groh on 3/26/2021. (tlg)
March 25, 2021 Filing 43 Consent MOTION for Extension of Time to File Response/Reply by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Attachments: #1 Proposed Order)(Skinner, Stephen)
March 25, 2021 Filing 42 NOTICE of Appearance by Danielle Irene Ashton Empson on behalf of E.K. Bare & Sons, Inc. (Empson, Danielle)
March 25, 2021 Filing 41 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) . (Skinner, Stephen)
March 22, 2021 Filing 40 MOTION to Dismiss for Lack of Jurisdiction by Lester E. Specht. Responses due by 4/5/2021 (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A - Declaration of Lester Specht, #3 Exhibit B - Google Maps - John M. Seay Farms to Utz Quality Foods)(Mayhew, Jonathan)
March 22, 2021 Filing 39 ANSWER to #1 Complaint,, and Affirmative Defenses by Christopher Allen Glover, Scott Wagner Trucking, Inc., Triple C Transportation Limited Liability Company.(Smith, Timothy)
March 18, 2021 Filing 38 NOTICE of Appearance by Evan Olds on behalf of Lester E. Specht (Olds, Evan)
March 15, 2021 Opinion or Order Filing 37 ORDER GRANTING PLAINTIFF'S CONSENT MOTION TO EXTEND DEADLINE TO OPPOSE DEFENDANTS' PARTIAL MOTION TO DISMISS PLAINTIFF'S COMPLAINT. Signed by Chief Judge Gina M. Groh on 03/15/2021. (cwm)
March 15, 2021 Opinion or Order Filing 36 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 Signed by Chief Judge Gina M. Groh on 03/15/2021. (cwm)
March 12, 2021 Filing 35 MOTION for Extension of Time to File Response/Reply by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Attachments: #1 Proposed Order)(Skinner, Stephen)
March 5, 2021 Filing 34 Corporate Disclosure Statement by E.K. Bare & Sons, Inc.. (Attachments: #1 Certificate of Service)(Jones, Ellen)
March 5, 2021 Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by E.K. Bare & Sons, Inc.. (Attachments: #1 Attachment Memorandum of Law)(Bolen, J.)
March 5, 2021 Filing 32 ANSWER to #1 Complaint,, by E.K. Bare & Sons, Inc.. (Attachments: #1 Civil Cover Sheet)(Bolen, J.)
March 5, 2021 Filing 31 NOTICE of Voluntary Dismissal by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) (Skinner, Stephen)
February 28, 2021 Filing 30 STIPULATION Extending Time to Answer or Otherwise Plead by E.K. Bare & Sons, Inc.. (Bolen, J.)
February 26, 2021 Opinion or Order Filing 29 ORDER GRANTING MOTION TO EXTEND DEADLINE TO ANSWER COMPLAINT. Signed by Chief Judge Gina M. Groh on 02/26/2021. (cwm)
February 25, 2021 Filing 28 NOTICE of Appearance by Charles F. Printz, Jr on behalf of Lester E. Specht (Printz, Charles)
February 25, 2021 Filing 27 MOTION for Extension of Time to File Answer to Complaint by Lester E. Specht. (Attachments: #1 Exhibit Proposed Order)(Mayhew, Jonathan)
February 25, 2021 Filing 26 NOTICE of Appearance by Jonathan Tyler Mayhew on behalf of Lester E. Specht (Mayhew, Jonathan)
February 24, 2021 Filing 25 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) Certificate Regarding Discovery. (Skinner, Stephen)
February 23, 2021 Filing 24 CERTIFICATE OF SERVICE by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor) Plaintiff's First Set of Interrogatories to Christopher Allen Glover and Plaintiff's First Request for Production of Documents to Defendant Scott Wagner Trucking d/b/a S. Wagner Trucking, Inc.. (Skinner, Stephen)
February 23, 2021 Opinion or Order Filing 23 ORDER. Signed by Chief Judge Gina M. Groh on 2/23/2021. (tlg)
February 19, 2021 Filing 22 MOTION for Extension of Time to File Answer by Christopher Allen Glover, Scott Wagner Trucking, Inc., Triple C Transportation Limited Liability Company. (Attachments: #1 Proposed Order)(Hettrich, Jordan)
February 19, 2021 Filing 21 Corporate Disclosure Statement by Scott Wagner Trucking, Inc.. (Hettrich, Jordan)
February 19, 2021 Filing 20 Corporate Disclosure Statement by Triple C Transportation Limited Liability Company. (Hettrich, Jordan)
February 17, 2021 Filing 19 SUMMONS Returned Executed as to Robert Horst served on 2/9/2021. (Skinner, Stephen)
February 17, 2021 Filing 18 SUMMONS Returned Executed as to Ragen Horst served on 2/8/2021. (Skinner, Stephen)
February 17, 2021 Filing 17 SUMMONS Returned Executed as to Linda Good served on 2/8/2021. (Skinner, Stephen)
February 17, 2021 Filing 16 SUMMONS Returned Executed as to Lester E. Specht served on 2/8/2021. (Skinner, Stephen)
February 17, 2021 Filing 15 SUMMONS Returned Executed as to E.K. Bare & Sons, Inc. served on 2/8/2021. (Skinner, Stephen)
February 17, 2021 Filing 14 SUMMONS Returned Executed as to Bradley Halladay served on 2/8/2021. (Skinner, Stephen)
February 10, 2021 Filing 13 NOTICE of Appearance by Jordan C. Hettrich on behalf of Christopher Allen Glover, Scott Wagner Trucking, Inc., Triple C Transportation Limited Liability Company (Hettrich, Jordan)
February 10, 2021 Filing 12 NOTICE of Appearance by Timothy R. Smith on behalf of Christopher Allen Glover, Scott Wagner Trucking, Inc., Triple C Transportation Limited Liability Company (Smith, Timothy)
February 9, 2021 Filing 11 SUMMONS Returned Executed as to Scott Wagner Trucking, Inc. served on 2/2/2021. (Skinner, Stephen)
February 9, 2021 Filing 10 SUMMONS Returned Executed as to Triple C Transportation Limited Liability Company served on 2/2/2021. (Skinner, Stephen)
February 9, 2021 Filing 9 SUMMONS Returned Executed as to Christopher Allen Glover served on 2/8/2021. (Skinner, Stephen)
February 5, 2021 Opinion or Order Filing 8 ORDER GRANTING PRO HAC VICE ADMISSION. Signed by Chief Judge Gina M. Groh on 02/05/2021. (cwm)
February 4, 2021 Filing 7 Pro Hac Vice Filing fee: $400.00 - receipt number WVNM001786 for attorneys Kenneth Laduca and Peter Grenier. (cwm)
February 3, 2021 Filing 6 Motion to Appear - Other Document re #2 Notice of Verification of Attorney Admission of Peter C. Grenier filed by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Skinner, Stephen) Modified: to correct event used and regenerate NEF on 2/4/2021 (cwm).
February 3, 2021 Filing 5 Motion to Appear - Other Document re #2 Notice of Verification of Attorney Admission of Kenneth LaDuca filed by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased), Elisabeth Mitter(individuallly, as parent of B.K., a minor). (Skinner, Stephen) Modified: to correct event used and regenerate NEF on 2/4/2021 (cwm).
January 26, 2021 Filing 2 VERIFICATION OF ATTORNEY ADMISSION for attorneys Kenneth J. LaDuca and Peter C. Grenier. Delivered via CM/ECF. (cwm)
January 26, 2021 Filing 1 COMPLAINT against E.K. Bare & Sons, Inc., Christopher Allen Glover, Linda Good, Bradley Halladay, Ragen Horst, Robert Horst, Scott Wagner Trucking, Inc., Lester E. Specht, and Triple C Transportation Limited Liability Company, filed by Elisabeth Mitter(as Administratrix of the Estate of JOHN EVERETT KING III, deceased) and Elisabeth Mitter(individuallly, as parent of B.K., a minor). Filing Fee $402.00 - Receipt #0424-3192859. (Attachments: #1 Exhibit 1 - Letter of Administration, #2 Civil Cover Sheet) (cwm)

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Search for this case: Mitter et al v. Glover et al
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Defendant: Lester E. Specht
Represented By: Charles F. Printz, Jr.
Represented By: Jonathan Tyler Mayhew
Represented By: Evan Olds
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Defendant: Bradley Halladay
Represented By: J. David Bolen
Represented By: Ellen Marie Jones
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Defendant: E.K. Bare & Sons, Inc.
Represented By: J. David Bolen
Represented By: Danielle Irene Ashton Empson
Represented By: Ellen Marie Jones
Represented By: Brittany Given Simmons
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Defendant: Linda Good
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Defendant: Scott Wagner Trucking, Inc. doing business as S. Wagner Trucking, Inc.
Represented By: Timothy R. Smith
Represented By: Jordan C. Hettrich
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Defendant: Lester Specht
Represented By: Charles F. Printz, Jr.
Represented By: Jonathan Tyler Mayhew
Represented By: Evan Olds
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Defendant: Ragen Horst
Represented By: J. David Bolen
Represented By: Ellen Marie Jones
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Defendant: Triple C Transportation Limited Liability Company doing business as Triple C Transportation LLC
Represented By: Timothy R. Smith
Represented By: Jordan C. Hettrich
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Defendant: Robert Horst
Represented By: J. David Bolen
Represented By: Ellen Marie Jones
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Defendant: Christopher Allen Glover
Represented By: Timothy R. Smith
Represented By: Jordan C. Hettrich
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Defendant: State Farm Mutual Automobile Insurance Company
Represented By: Susan R. Snowden
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Plaintiff: Elisabeth Mitter
Represented By: Kenneth J. LaDuca
Represented By: Peter C. Grenier
Represented By: Stephen G. Skinner
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Interested party: B. K.
Represented By: Tracy Weese
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