Ausborne v. Cottingham & Butler Claims Services Inc.

Plaintiff: Carl Ausborne
Defendant: Cottingham & Butler Claims Services, Inc.
Case Number: 1:2019cv00116
Filed: February 14, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: David A Faber
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: Both

Docket Report

This docket was last retrieved on April 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2019 Filing 16 RESPONSE by Cottingham & Butler Claims Services, Inc. re: #5 MOTION by Carl Ausborne to Remand Case to Circuit Court of McDowell County (Walling, Sarah) (Modified on 4/1/2019 to remove link to #6 memorandum in support) (ts).
April 1, 2019 Opinion or Order Filing 15 SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 6/1/2019. Discovery requests to be completed by 9/30/2019, and all depositions by 11/15/2019. Expert Witness List by parties bearing the burden of proof due by 9/13/2019, by party not bearing burden of proof due by 10/18/2019, and to solely contradict or rebut evidence due by 11/1/2019. Dispositive Motions except those filed under Rule 12(b) due by 12/6/2019, with responses and replies due thereafter in accordance with the Local Rules. Mediation to be concluded by 12/16/2019. Settlement Meeting to be held by 2/18/2020. Motions in Limine to be filed by 2/25/2020, with responses due by 3/3/2020. Plaintiff's portion of the Proposed Integrated Pretrial Order due to defendant by 2/21/2020, who shall then prepare and complete the opposing portion thereof and submit the Proposed Integrated Pretrial Order to the court for entry by 2/28/2020. Pretrial Conference set for 3/10/2020 at 02:00 PM in Bluefield before Judge David A. Faber. Proposed Jury Charge due by 3/20/2020. Final Settlement Conference at 10:00 AM on 3/24/2020 in Bluefield. Jury Trial set for 3/25/2020 at 09:30 AM in Bluefield before Judge David A. Faber. Signed by Senior Judge David A. Faber on 4/1/2019. (cc: counsel of record and any unrepresented party) (arb)
March 26, 2019 Opinion or Order Filing 14 ORDER: The Scheduling Conference previously scheduled for 4/9/2019 at 2:30 PM is CANCELLED. Signed by Senior Judge David A. Faber on 3/26/2019. (cc: counsel of record) (arb)
March 26, 2019 Opinion or Order Filing 13 PROTECTIVE ORDER: Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 3/26/2019. (cc: counsel of record) (arb)
March 26, 2019 Opinion or Order Filing 12 AGREED ORDER Governing the Inadvertent Disclosure of Documents or Other Material Under Rule 502(d): Pursuant to Federal Rules of Civil Evidence 502(d) and the agreement of the parties, the Court hereby ORDERS that the procedures set forth herein shall govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 3/26/2019. (cc: counsel of record) (arb)
March 26, 2019 Opinion or Order Filing 11 ORDER SETTING DEPOSITION PROTOCOL: The parties have agreed to a protocol governing the taking of depositions in this case. Therefore, it is ORDERED that the protocol set forth herein shall be followed with all depositions conducted herein. Signed by Magistrate Judge Omar J. Aboulhosn on 3/26/2019. (cc: counsel of record) (arb)
March 25, 2019 NOTICE OF DOCKET CORRECTION re: #8 Joint Motion by Cottingham & Butler Claims Services, Inc., Carl Ausborne for Order Governing the Inadvertent Disclosure of Documents or Other Material. ERROR: Incorrect images attached to main and attached documents. CORRECTION: Incorrect images removed and replaced. (mk).
March 25, 2019 NOTICE OF DOCKET CORRECTION re: #9 Joint Motion by Cottingham & Butler Claims Services, Inc., Carl Ausborne For Protective Order. ERROR: Incorrect images attached to main and attached documents. CORRECTION: Incorrect images removed and replaced. (mk).
March 25, 2019 Filing 10 JOINT MOTION by Cottingham & Butler Claims Services, Inc., Carl Ausborn for Order Setting Deposition Protocol (Attachment: #1 Exhibit A)(Walling, Sarah) (Modified on 3/25/2019 to remove and replace incorrect images and to add party filer) (mk).
March 25, 2019 Filing 9 JOINT MOTION by Cottingham & Butler Claims Services, Inc., Carl Ausborne For Protective Order (Attachment: #1 Exhibit A)(Walling, Sarah) (Modified on 3/25/2019 to replace incorrect images and to add party filer) (mk).
March 25, 2019 Filing 8 JOINT MOTION by Cottingham & Butler Claims Services, Inc., Carl Ausborne for Order Governing the Inadvertent Disclosure of Documents or Other Material (Attachment: #1 Exhibit A)(Walling, Sarah) (Modified on 3/25/2019 to remove incorrect images; images replaced and to add party filer) (mk).
March 25, 2019 Filing 7 RULE 26(f) REPORT OF PLANNING MEETING by Cottingham & Butler Claims Services, Inc., Carl Ausborne. (Walling, Sarah) (Modified on 3/26/2019 to add party filer)(ts).
March 16, 2019 Filing 6 MEMORANDUM by Carl Ausborne in support of #5 MOTION by Carl Ausborne to Remand Case to Circuit Court of McDowell County (McFadden, Jerome)
March 16, 2019 Filing 5 MOTION by Carl Ausborne to Remand Case to Circuit Court of McDowell County (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(McFadden, Jerome)
February 22, 2019 Opinion or Order Filing 4 ORDER AND NOTICE: Last day for Rule 26(f) Meeting is 3/25/2019. Last day to file report of Rule 26(f) Meeting is 4/1/2019. Scheduling Conference at 02:30 PM on 4/9/2019 in Bluefield before the undersigned. Entry of Scheduling Order by 4/15/2019. Last Day to make Rule 26(a)(1) disclosures is 4/23/2019. Signed by Senior Judge David A. Faber on 2/22/2019. (cc: counsel of record and any unrepresented parties) (arb)
February 21, 2019 Filing 3 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Cottingham & Butler Claims Services, Inc. (Hall, Lee)
February 14, 2019 CASE assigned to Judge David A. Faber. (klc)
February 14, 2019 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 Aboulhosn. (cc: attys; any unrepresented party) (mk)
February 14, 2019 Filing 1 NOTICE OF REMOVAL by Cottingham & Butler Claims Services, Inc. with summons, complaint, amended complaint, docket sheet and other miscellaneous documents from Circuit Court of McDowell County. Filing Fee $400.00. Receipt #AWVSDC-7073840. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet) (mk)

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Plaintiff: Carl Ausborne
Represented By: Jerome J. McFadden
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Defendant: Cottingham & Butler Claims Services, Inc.
Represented By: Lee Murray Hall
Represented By: Steven K. Wellman
Represented By: Sarah A. Walling
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