Gilley v. CH Robinson Worldwide, Inc. et al
Plaintiff: Clinton Eugene Gilley, Carl David Gilley, Nicole Leigh Lee, Christine Tara Warden Gilley, J. G. and G. G.
Defendant: CH Robinson Worldwide, Inc., J&TS Transport Express, Inc. and Bertram Copeland
Case Number: 1:2018cv00536
Filed: April 6, 2018
Court: US District Court for the Southern District of West Virginia
Office: Bluefield Office
County: Mercer
Presiding Judge: David A. Faber
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
March 23, 2022 Opinion or Order Filing 329 MEMORANDUM OPINION AND ORDER granting Plaintiffs' 300 MOTION to Exclude Defense Expert Thomas M. Lyden's Second Supplemental Report. Signed by Senior Judge David A. Faber on 3/23/2022. (cc: counsel of record) (arb)
March 18, 2022 Opinion or Order Filing 325 MEMORANDUM OPINION AND ORDER As to plaintiffs' motions, 244 MOTION in Limine to Preclude Evidence of or Reference to Criminal Proceedings or Background and 245 MOTION to Preclude Argument that Following Regulations Immunizes Defendant are granted; 247 MOTION to Exclude (A) Prior Accidents, (B) Subsequent Guardrail and Accident, (C) Lobbying of Family and Friends, and (D) Improper Lay Witness Opinions is GRANTED in part and DENIED in part; and 246 MOTION in Limine to Permit Cer tain Evidence of Insurance to Prove Control is DENIED as moot. As to Robinson's motions, 237 MOTION in Limine No. 1 to Exclude Amounts of Insurance, Financial Information, and Evidence or Argument Relating to Punitive Damages; 243 MOTION to File Motion in Limine No. 3 to Exclude High Value Cargo Under Seal; 239 MOTION in Limine No. 4 to Exclude Gainesville Video and 242 MOTION in Limine No. 7 to Exclude Pain, Suffering, and Pre-Death Terror Claims and are GRANTED; 240 MOTI ON in Limine No. 5 to Exclude Criminal Proceedings and 241 MOTION in Limine No. 6 to Limit Arguments of Counsel are GRANTED in part and DENIED in part; 303 MOTION in Limine No. 8 is DENIED without prejudice; and 238 MOTION in Limine No. 2 to Exclude FMCSA Compliance Review is DENIED. As to Copeland's motions, 231 MOTION in Limine to Preclude Evidence Concerning the Gainesville Florida Accident and 235 MOTION in Limine to Preclude Evidence Suggesting that Defendant Copeland& #039;s Commercial Driver's License Had Been Suspended or Revoked at the Time of the Subject Accident are GRANTED; 230 MOTION in Limine to Preclude Hearsay Investigative Reports and 236 MOTION in Limine to Preclude Evidence of Other Crimes, Wrongs or Acts are GRANTED in part and DENIED in part; 233 MOTION to Preclude Evidence Suggestive that Defendant Copeland was Terminated From a Prior Employer for Refusing a Drug Test and 234 MOTION in Limine to Preclude Admission of Graphic Pho tographs are DENIED without prejudice; and 232 MOTION in Limine to Preclude Evidence Suggestive that Defendant Copeland was in Violation of the FMCSA Hours of Service Regulations at the Time of the Subject Accident is DENIED. Signed by Senior Judge David A. Faber on 3/18/2022. (cc: counsel of record) (mk)
March 15, 2022 Opinion or Order Filing 317 MEMORANDUM OPINION AND ORDER granting 316 MOTION by C.H. Robinson Worldwide, Inc. to Withdraw ECF Filing No. 315 ; directing the Clerk of Court to remove ECF No. 315 Proposed Jury Instructions and Verdict Form from the docket of this matter. Signed by Senior Judge David A. Faber on 3/15/2022. (cc: counsel of record) (mk)
September 22, 2021 Opinion or Order Filing 296 MEMORANDUM OPINION AND ORDER denying C.H. Robinson Worldwide, Inc.'s 206 MOTION in Limine to Exclude Testimony of Plaintiffs' Experts; granting in part as to part A only Plaintiffs' 208 MOTION in Limine to Exclude (A) Defense Expe rt Thomas M. Lyden's Causation Opinion; deferring judgment until close of evidence on part of B of Plaintiffs' 208 Motion in Limine to Exclude (B) The West Virginia Agencies Allegation; denying Betram Copeland's 210 MOTION in Limi ne as to Testimony of Lew Grill and denying Betram Copeland's 211 MOTION in Limine as to Testimony of Steven Belyus, except that Grill and Belyus must not step outside the boundaries established herein. Signed by Senior Judge David A. Faber on 9/22/2021. (cc: counsel of record) (arb)
August 26, 2021 Opinion or Order Filing 293 MEMORANDUM OPINION AND ORDER The court GRANTS in part and DENIES in part C. H. Robinson's ("Robinson") 186 MOTION for Summary Judgment; it is granted only as to plaintiffs' vicarious liability claim; because plaintiffs have with drawn their punitive damages claim, the portion of Robinson's motion seeking summary judgment on that claim and Bertram Copeland's 184 MOTION for Partial Summary Judgment are DENIED as moot. Plaintiffs' 196 MOTION to Exceed Page Li mit and Robinson's 181 , 204 MOTIONS to Exceed Page Limit are GRANTED. Robinson's 288 MOTION for Leave to File a Supplemental Memorandum is DENIED for lack of good cause. Signed by Senior Judge David A. Faber on 8/26/2021. (cc: counsel of record) (arb)
July 16, 2021 Opinion or Order Filing 284 MEMORANDUM OPINION AND ORDER granting in part C. H. Robinson's 281 motion to strike plaintiffs' reply briefs or for permission to file its own reply briefs. The court will not strike plaintiffs' reply briefs, but Robinson may file its own reply briefs on or before 7/23/2021. Signed by Senior Judge David A. Faber on 7/16/2021. (cc: counsel of record) (arb)
March 16, 2020 Opinion or Order Filing 148 MEMORANDUM OPINION AND ORDER: The court DENIES AS MOOT defendant M & K Truck Leasing, LLC's 105 Motion to Vacate Scheduling Order and Other Orders; DENIES plaintiffs' request to conduct jurisdictional discovery; and GRANTS defendant River Valley Capital Insurance, Inc.'s 98 Motion to Dismiss for Lack of Personal Jurisdiction. Defendant River Valley is further DISMISSED from this case with prejudice. Signed by Senior Judge David A. Faber on 3/16/2020. (cc: counsel of record) (arb)
May 28, 2019 Opinion or Order Filing 109 MEMORANDUM OPINION AND ORDER: Consistent with the court's 84 Order entered on 4/10/2019, the court hereby GRANTS the 83 STIPULATED MOTION to Amend Complaint, which adds defendants M & K Trucking Leasing LLC and River Valley Capital Insurance, Inc. to the case, for the reasons set forth herein. The court DENIES plaintiffs' 92 MOTION to Strike Response to Stipulated Motion to Amend Complaint. Signed by Senior Judge David A. Faber on 5/28/2019. (cc: counsel of record) (arb)
April 10, 2019 Opinion or Order Filing 84 OPINION AND ORDER granting the plaintiffs' 83 Stipulated Motion to Amend Complaint. Plaintiffs assert that all parties consent to the filing of the Amended Complaint. The reasons for this Order will be set forth in a separate Memorandum Opinion filed on a date in the future. The Clerk is directed to file the [83-1] First Amended Complaint. Signed by Senior Judge David A. Faber on 4/10/2019. (cc: counsel of record) (arb)
March 28, 2019 Opinion or Order Filing 82 MEMORANDUM OPINION AND ORDER denying defendant C.H. Robinson Worldwide, Inc.'s 13 Motion to Dismiss. Signed by Senior Judge David A. Faber on 3/28/2019. (cc: counsel of record) (arb)
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Plaintiff: Clinton Eugene Gilley
Represented By: Dino S. Colombo
Represented By: Travis T. Mohler
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Plaintiff: Carl David Gilley
Represented By: Dino S. Colombo
Represented By: Travis T. Mohler
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Plaintiff: Nicole Leigh Lee
Represented By: Dino S. Colombo
Represented By: Travis T. Mohler
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Plaintiff: Christine Tara Warden Gilley
Represented By: Dino S. Colombo
Represented By: Travis T. Mohler
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Plaintiff: J. G.
Represented By: Dino S. Colombo
Represented By: Travis T. Mohler
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Plaintiff: G. G.
Represented By: Dino S. Colombo
Represented By: Travis T. Mohler
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Defendant: CH Robinson Worldwide, Inc.
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Defendant: J&TS Transport Express, Inc.
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Defendant: Bertram Copeland
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