Rutter v. Tibbs et al
| Damien Rutter |
| Lt. Timothy Tibbs, Michael Costello and Capt. Steve Caudill |
| 5:2024cv00116 |
| June 21, 2024 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| James P Mazzone |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on June 21, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 VERIFICATION OF ATTORNEY ADMISSION to Paul E. Stroebel via cm/ecf. (ag) |
| Filing 23 Case transferred in from District of West Virginia Southern; Case Number 2:24-cv-00026. (ag) |
Filing 22
ORDER directing that pursuant to 28 U.S.C. 1404(a) and in the interest of justice, this matter is hereby TRANSFERRED to the United States District Court for the Northern District of West Virginia, Clarksburg Division, for further consideration; directing the Clerk to transmit Plaintiff's file to the Clerk of Court at the United States District Court for the Northern District of West Virginia. Signed by Judge Joseph R. Goodwin on 6/21/2024. (cc: counsel of record; any unrepresented party) (msa) [Transferred from West Virginia Southern on 6/21/2024.]
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| CIVIL CASE TERMINATED and ELECTRONICALLY TRANSMITTED to the Northern District of West Virginia pursuant to the #22 Order. (msa) [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 21 NOTICE of No Objection to Transfer of Venue by Michael Costello, Timothy Tibbs re: #16 Memorandum Opinion and Order. (Cyrus, Harrison) (Modified on 6/18/2024 to add link to #16 memorandum opinion and order) (kew). [Transferred from West Virginia Southern on 6/21/2024.] |
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Filing 20
ORDER SETTING DEPOSITION PROTOCOL the parties have agreed to a protocol governing the taking of depositions in this case; directing that the following protocol shall be followed with all depositions conducted herein. Signed by Magistrate Judge Dwane L. Tinsley on 6/4/2024. (cc: counsel of record) (lca) [Transferred from West Virginia Southern on 6/21/2024.]
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Filing 19
ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(d) directing that the following procedures herein shall govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Dwane L. Tinsley on 6/4/2024. (cc: counsel of record; any unrepresented party) (lca) [Transferred from West Virginia Southern on 6/21/2024.]
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Filing 18
PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Dwane L. Tinsley on 6/4/2024. (cc: counsel of record; any unrepresented party) (lca) [Transferred from West Virginia Southern on 6/21/2024.]
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Filing 17
ORDER granting #14 JOINT MOTION for Entry of Orders. Signed by Magistrate Judge Dwane L. Tinsley on 6/4/2024. (cc: counsel of record; any unrepresented party) (lca) [Transferred from West Virginia Southern on 6/21/2024.]
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Filing 16
MEMORANDUM OPINION AND ORDER granting Defendant Steve Caudill's #9 Motion to Dismiss; Defendant Caudill is dismissed from this action; Counts I, II, and IV remain pending against Defendants Tibbs and Costello; directing the parties to submit briefs within 14 days of the entry of this order as to whether this district or the Northern District of West Virginia is the most appropriate venue in which to litigate this case if the party opposes a sua sponte transfer of venue. Signed by Judge Joseph R. Goodwin on 6/4/2024. (cc: counsel of record; any unrepresented party) (lca) [Transferred from West Virginia Southern on 6/21/2024.]
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Filing 15
SCHEDULING ORDER directing that the scheduling conference is cancelled and that this case shall proceed as follows: Amendment of pleadings and joinder of parties - 7/17/2024. Deadline for written discovery requests - 2/18/2025. Expert disclosure by party with burden of proof - 2/3/2025. Expert disclosure by opposing party - 3/5/2025. Expert disclosure for rebuttal purposes - 3/21/2025. Deposition deadline and close of discovery - 4/4/2025. Filing of dispositive motions - 4/24/2025. Responses to dispositive motions - 5/8/2025. Reply to response to dispositive motion - 5/15/2025. Settlement meeting - 5/16/2025. Filing of motions in limine - 7/2/2025. Responses to motions in limine - 7/9/2025. Plaintiff draft of pretrial order to defendant - 6/30/2025. Integrated pretrial order filed by defendant - 7/7/2025. Pretrial conference on 8/4/2025 at 1:30 PM. Proposed jury instructions filed - 8/12/2025. Final settlement conference on 8/18/2025 at 9:00 AM. Trial on 8/19/2025 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 6/3/2024. (cc: counsel of record; any unrepresented parties) (lca) [Transferred from West Virginia Southern on 6/21/2024.]
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| MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: #14 JOINT MOTION by Steve Caudill, Damien Rutter, Timothy Tibbs, Michael Costello for Entry of Orders. (kew) [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 14 JOINT MOTION by Steve Caudill, Damien Rutter, Timothy Tibbs, Michael Costello for Entry of Orders. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Rittenhouse, Tyler) (Modified on 6/3/2024 to add party filers) (kew). [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 13 RULE 26(f) REPORT OF PLANNING MEETING by Steve Caudill, Damien Rutter, Timothy Tibbs, Michael Costello. (Rittenhouse, Tyler) (Modified on 6/3/2024 to add party filers) (kew). [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 12 REPLY by Steve Caudill to #11 Memorandum In Opposition. (Rittenhouse, Tyler) [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 11 MEMORANDUM by Damien Rutter in opposition to #9 MOTION by Steve Caudill to Dismiss #1 Complaint (Stroebel, Paul) [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 10 MEMORANDUM OF LAW by Steve Caudill in support of #9 MOTION by Steve Caudill to Dismiss #1 Complaint. (Schaefer, Natalie) [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 9 MOTION by Steve Caudill to Dismiss #1 Complaint. (Attachment: #1 Exhibit A)(Schaefer, Natalie) [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 8 NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL by Natalie C. Schaefer, Tyler L. Rittenhouse on behalf of Steve Caudill. (Schaefer, Natalie) [Transferred from West Virginia Southern on 6/21/2024.] |
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Filing 7
ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 5/13/2024. Last day for Rule 26(f) meeting - 5/28/2024. Last day to file report of Rule 26(f) meeting - 6/3/2024. Scheduling Conference at 9:00 AM on 6/17/2024 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 6/24/2024. Last day to make Rule 26(a)(1) disclosures - 7/1/2024. Signed by Judge Joseph R. Goodwin on 4/22/2024. (cc: counsel of record; any unrepresented parties) (mfo) [Transferred from West Virginia Southern on 6/21/2024.]
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| Filing 6 ANSWER TO #1 Complaint With Jury Demand by Michael Costello, Timothy Tibbs. (Cyrus, Harrison) (Modified on 4/23/2024 to add jury demand) (kew). [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Kimberly M. Bandy on 03/04/2024. Steve Caudill waiver mailed on 3/4/2024, answer due 5/3/2024. (Bandy, Kimberly) [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Harrison Cyrus on 2/27/24. Timothy Tibbs waiver mailed on 2/20/2024, answer due 4/22/2024. (Stroebel, Paul) [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 3 WAIVER OF SERVICE EXECUTED. Waiver signed by Harrison Cyrus on 2/27/24. Michael Costello waiver mailed on 2/20/2024, answer due 4/22/2024. (Stroebel, Paul) [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc) [Transferred from West Virginia Southern on 6/21/2024.] |
| CASE assigned to Judge Joseph R. Goodwin. (klc) [Transferred from West Virginia Southern on 6/21/2024.] |
| Filing 1 COMPLAINT. Filing Fee $405.00. Receipt # AWVSDC-8571289. (Attachment: #1 Civil Cover Sheet) (mfo) [Transferred from West Virginia Southern on 6/21/2024.] |
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