Nester v. Hampton Inn Princeton, et al
| Andrea Nester |
| The Hampton Inn Princeton, SWV Hotel Limited Partnership, VIM, INC., Clarence Kerr, Jr. and Melissa Dye |
| 1:2013cv03336 |
| February 22, 2013 |
| US District Court for the Southern District of West Virginia |
| Bluefield Office |
| Mercer |
| David A Faber |
| Labor: Family and Medical Leave Act |
| 29 USC 2601: Family & Medical Leave Act of 1993 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2013. A more recent docket listing may be available from PACER.
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Filing 43
DISMISSAL ORDER: It is ADJUDGED and ORDERED that this action be DISMISSED WITH PREJUDICE as being fully adjusted, compromised and settled, with each party to bear its own costs and attorneys' fees. Signed by Senior Judge David A. Faber on 11/21/2013. (certified cc: counsel of record) (arb)
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Filing 42
PROPOSED ORDER Dismissal Order by Andrea Nester, Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. (Dockery, Michael) (Modified on 11/21/2013 to add party filers) (skh).
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Filing 41
ANSWER TO #40 First Amended Complaint by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC.(Wolfe, Roger)
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Filing 40
FIRST AMENDED COMPLAINT by Andrea Nester against Melissa Dye, VIM, INC., SWV Hotel Limited Partnership, Hampton Inn Princeton, Clarence Kerr, Jr. (mjp)
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Filing 39
MEMORANDUM OPINION AND ORDER granting Plaintiff's #21 MOTION for Leave to File Amended Complaint. The Clerk is directed to file the amended complaint (attached to plaintiff's reply, Doc. No. 26 at 14-22). Signed by Judge David A. Faber on 9/26/2013. (cc: counsel of record) (mjp)
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Filing 38
NOTICE TO TAKE DEPOSITION by Andrea Nester of Deborah Wall on September 19, 2013 at 11:00 a.m. (Dockery, Michael)
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Filing 37
NOTICE TO TAKE DEPOSITION by Andrea Nester of Clarence Kerr, Jr. on September 19, 2013 at 10:00 a.m. (Dockery, Michael)
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Filing 36
CERTIFICATE OF SERVICE by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. for Rule 26(a)(2) Expert Testimony Disclosures. (Wolfe, Roger)
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Filing 35
CERTIFICATE OF SERVICE filed by Andrea Nester for Response to Defendants' Second Set of Discovery Requests (Dockery, Michael)
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Filing 34
NOTICE OF ATTORNEY APPEARANCE by Andrew Steven Felts on behalf of Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. (Felts, Andrew)
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Filing 33
CERTIFICATE OF SERVICE filed by Melissa Dye for Defendant's Responses to Plaintiff's Second Set of Discovery Requests to Defendant Melissa Dye (Wolfe, Roger)
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Filing 32
CERTIFICATE OF SERVICE by Andrea Nester for Supplemental Expert Testimony. (Dockery, Michael)
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Filing 31
SUPPLEMENT by Andrea Nester to #26 Reply to Response. (Attachment: #1 Exhibit 1 - Deposition Transcipt)(Dockery, Michael)
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Filing 30
CERTIFICATE OF SERVICE by Andrea Nester for Rule 26(a)(2) Expert Testimony Disclosures. (Dockery, Michael)
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Filing 29
CERTIFICATE OF SERVICE filed by Melissa Dye for Defendant's Second Set of Discovery Requests (Einstein, Joy) (Modified on 8/2/2013 to remove and replace incorrect image) (skh).
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NOTICE OF DOCKET CORRECTION re: #29 Certificate of Service filed by Melissa Dye for Defendant's Second Set of Discovery Requests. ERROR: Incorrect image attached. CORRECTION: Incorrect image removed and replaced with correct image.
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Filing 28
CERTIFICATE OF SERVICE filed by Andrea Nester for Plaintiff's Supplemental Responses to Defendants' First Set of Request for Production of Documents(Dockery, Michael) (Modified text to conform to filed document on 8/13/2013) (taq).
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Filing 27
CERTIFICATE OF SERVICE filed by Andrea Nester for Second Set of Discovery Requests to Hampton Inn Princeton (Dockery, Michael)
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Filing 26
REPLY by Andrea Nester to #23 Response In Opposition. (Nord, Steven)
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Filing 25
NOTICE TO TAKE DEPOSITION by Andrea Nester of Melissa Dye on August 1, 2013 at 11:30 a.m. (Dockery, Michael)
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Filing 24
NOTICE TO TAKE DEPOSITION by Andrea Nester of Ashley Small on August 1, 2013 at 10:00 a.m. (Dockery, Michael)
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Filing 23
RESPONSE by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. in opposition to #21 MOTION by Andrea Nester for Leave to File Amended Complaint (Wolfe, Roger) (Modified on 7/24/2013 to remove link to #22 memorandum) (skh).
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Filing 22
MEMORANDUM by Andrea Nester in support of #21 MOTION by Andrea Nester for Leave to File Amended Complaint (Dockery, Michael)
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Filing 21
MOTION by Andrea Nester for Leave to File Amended Complaint re: #1 Complaint Attached to Notice of Removal (Attachment: #1 Exhibit A)(Dockery, Michael)
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Filing 20
SECOND AMENDED NOTICE TO TAKE DEPOSITION by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr., SWV Hotel Limited Partnership, VIM, Inc. of Andrea Nester on July 12, 2013 at 12:00 p.m. (Einstein, Joy) (Modified on 6/25/2013 to add "second") (taq).
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Filing 19
CERTIFICATE OF SERVICE filed by Andrea Nester for Plaintiff's Responses to Defendant's First Set of Interrogatories and Request for Production of Documents (Dockery, Michael)
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Filing 18
AMENDED NOTICE TO TAKE DEPOSITION by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr., SWV Hotel Limited Partnership, VIM, Inc. of Andrea Nester on July 2, 2013 at 12:00 p.m. (Wolfe, Roger)
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Filing 17
NOTICE TO TAKE DEPOSITION by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. of Andrea Nester on June 19, 2013 at 12:00 p.m. (Wolfe, Roger)
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Filing 16
MEMORANDUM OPINION AND ORDER granting in part and denying in part #5 MOTION to Dismiss. Signed by Judge David A. Faber on 6/7/2013. (cc: counsel of record) (mjp)
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Filing 15
CERTIFICATE OF SERVICE by Andrea Nester for Rule 26(a)(1) Initial Disclosures. (Nord, Steven)
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Filing 14
CERTIFICATE OF SERVICE filed by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. for Defendants' First Set of Interrogatories and Requests for Production of Documents to Plaintiff (Wolfe, Roger)
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Filing 13
CERTIFICATE OF SERVICE by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. for Rule 26(a)(1) Initial Disclosures. (Wolfe, Roger)
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Filing 12
CERTIFICATE OF SERVICE filed by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. for Defendants' Response to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents (Wolfe, Roger)
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Filing 11
SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 5/22/2013. Discovery requests to be completed by 8/20/2013 and all depositions by 10/04/2013. Parties may suggest mediation by 12/3/2013. Expert Witness List by parties bearing the burden of proof due by 8/5/2013, by party not bearing burden of proof due by 9/4/2013, and to solely contradict or rebut evidence due by 9/20/2013. Dispositive Motions except those filed under Rule 12(b) due by 10/24/2013, any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. Settlement Meeting to be held by 12/26/2013. Motions in Limine due 01/02/2014, with responses due 01/09/2014. Plaintiff's portion of proposed Pretrial Order to defendants due by 12/30/2013. Proposed integrated pretrial order due by 1/6/2014. Pretrial Conference set for 1/21/2014 03:00 PM in Bluefield before Judge David A. Faber. Proposed Jury Charge due by 1/28/2014. Final Settlement Conference at 10:30 AM on 2/3/2014 in Bluefield. Jury Trial set for 2/4/2014 at 09:30 AM in Bluefield before Judge David A. Faber. Signed by Magistrate Judge R. Clarke VanDervort on 4/18/2013. (cc:attys; any unrepresented party) (mjp)
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Filing 10
ORDER: the Scheduling Conference previously set for 4/22/2013, at 10:30 a.m. is CANCELLED. Signed by Magistrate Judge R. Clarke VanDervort on 4/5/2013. (cc: counsel of record) (mjp)
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Filing 9
REPLY by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. to #8 Response In Opposition. (Wolfe, Roger)
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Filing 8
RESPONSE by Andrea Nester in opposition to #5 MOTION by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. to Dismiss Complaint (Dockery, Michael)
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Filing 7
RULE 26(f) REPORT OF PLANNING MEETING by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC., Andrea Nester. (Wolfe, Roger) (Modified on 3/28/2013 to add party filer) (skh).
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Filing 6
MEMORANDUM by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. in support of #5 MOTION by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. to Dismiss (Wolfe, Roger)
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Filing 5
MOTION by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC. to Dismiss Complaint Attached to #1 Notice of Removal (Wolfe, Roger)
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Filing 4
ORDER AND NOTICE: Rule 12(b) Motions 3/15/2013. Rule 26(f) Meeting 3/26/2013. Last day to file report of Rule 26(f) Meeting 4/2/2013. Scheduling Conference at 10:30 AM on 4/22/2013 in Bluefield. Entry of Scheduling Order 4/29/2013. Last Day to make Rule 26(a)(1) disclosures 5/1/2013. Signed by Judge David A. Faber on 2/28/2013. (cc:attys; any unrepresented party) (mjp)
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Filing 3
ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Melissa Dye, Hampton Inn Princeton, Clarence Kerr, Jr, SWV Hotel Limited Partnership, VIM, INC.(Wolfe, Roger) (Modified on 2/27/2013 to add link to #1 notice of removal) (skh).
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Filing 2
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 2, 2010. This matter referred to Magistrate Judge VanDervort for discovery. (cc:counsel of record) (mjp)
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Filing 1
NOTICE OF REMOVAL by Melissa Dye, VIM, INC., SWV Hotel Limited Partnership, Hampton Inn Princeton, Clarence Kerr, Jr. with summons, complaint and docket sheet from Circuit Court of Mercer County. Filing Fee $350.00. Receipt #0425-2242503. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s) A - summons, complaint and First Set of Interrogatories and requests for production of documents to defendants, #3 Exhibit(s) B - Mercer County Circuit Court docket sheet, summonses showing service of process, #4 Exhibit(s) C - copy of order regarding federal question jurisdiction) (mjp)
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CASE assigned to Judge David A. Faber. (ras)
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