Warr v. Rish Equipment Company et al
| William O. Warr |
| Rish Equipment Company and Davis Mining & Manufacturing, Inc. |
| Donald B. O'Dell |
| 1:2020cv00199 |
| March 19, 2020 |
| US District Court for the Southern District of West Virginia |
| David A Faber |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 35
AGREED ORDER OF DISMISSAL that by agreement of the parties, and the Court being otherwise sufficiently advised, it is hereby ORDERED that this action be and thereby is dismissed with prejudice. Signed by Senior Judge David A. Faber on 11/30/2020. (cc: counsel of record) (arb)
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| Filing 34 REPORT OF MEDIATION by Donald B. O'Dell (mk) |
| Filing 33 PROPOSED ORDER Agreed Order of Dismissal by Rish Equipment Company, William O. Warr, Davis Mining & Manufacturing, Inc. (Aragona, Chandler) (Modified on 11/19/2020 to add party filers) (mk). |
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Filing 32
ORDER Having been advised by the parties of the settlement of this action, the Clerk is directed to retire this action from the active docket. The parties may submit an agreed order of dismissal within 30 days of the entry of this order; otherwise, dismissal will be without prejudice. The court may, for good cause shown, reinstate this case to the active docket. Signed by Senior Judge David A. Faber on 11/17/2020. (cc: counsel of record) (arb)
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| Filing 31 NOTICE OF ZOOM DEPOSITION by William O. Warr of Anthony Boone on November 6, 2020 at 12:00 p.m. (Atkinson, Mark) |
| Filing 30 NOTICE OF ZOOM DEPOSITION by William O. Warr of Paul Fleming on November 6, 2020 at 11:00 a.m. (Atkinson, Mark) |
| Filing 29 NOTICE OF ZOOM DEPOSITION by William O. Warr of Dale Hall on November 6, 2020 at 10:00 a.m. (Atkinson, Mark) |
| Filing 28 NOTICE of Mediation by Rish Equipment Company (Moore, Brian) |
| Filing 27 CERTIFICATE OF SERVICE by William O. Warr for Answers to Rish Equipment Company's First Set of Interrogatories and Requests for Production of Documents. (Atkinson, John-Mark) |
| Filing 26 CERTIFICATE OF SERVICE by Rish Equipment Company for Rule 26(a)(2) Expert Testimony Disclosures. (Aragona, Chandler) |
| Filing 25 NOTICE OF DEPOSITION by Rish Equipment Company of William O. Warr on October 22, 2020 at 10:00 a.m. (Aragona, Chandler) |
| Filing 24 STATEMENT OF VISITING ATTORNEY from Gilbert P. Brosky on behalf of Davis Mining & Manufacturing, Inc.. Local counsel: Jerad K. Horne. Fee $50.00. Receipt # AWVSDC-7747406. (Attachments: #1 Bar Admissions)(Horne, Jerad) |
| Filing 23 CERTIFICATE OF SERVICE by William O. Warr for Rule 26(a)(2) Expert Testimony Disclosures. (Atkinson, John-Mark) |
| Filing 22 CERTIFICATE OF SERVICE by Davis Mining & Manufacturing, Inc. for First Set of Interrogatories and Requests for Production of Documents to Plaintiff. (Horne, Jerad) |
| Filing 21 CERTIFICATE OF SERVICE by Davis Mining & Manufacturing, Inc. for Answers and Responses to Interrogatories and Requests for Production of Documents - First Set. (Horne, Jerad) |
| Filing 20 CERTIFICATE OF SERVICE by Rish Equipment Company for First Set of Interrogatories and Requests for Production of Documents to Plaintiff. (Strogen, Chandler) |
| Filing 19 NOTICE OF APPEARANCE by Chandler Strogen and Brian J. Moore on behalf of Rish Equipment Company. (Strogen, Chandler) |
| Filing 18 CERTIFICATE OF SERVICE by Rish Equipment Company for Answers and Responses to Interrogatories and Requests for Production of Documents - First Set. (Moore, Brian) |
| Filing 17 CERTIFICATE OF SERVICE by William O. Warr for Interrogatories of the Plaintiff to the Defendant Rish Equipment Company and Requests for Production of Documents--First Set. (Atkinson, Mark) |
| Filing 16 CERTIFICATE OF SERVICE by William O. Warr for Interrogatories of the Plaintiff to the Defendant Davis Mining & Manufacturing, Inc and Requests for Production of Documents--First Set. (Atkinson, Mark) |
| NOTICE OF DOCKET CORRECTION re: #15 Certificate Of Service by William O. Warr for Rule 26(a)(1) Initial Disclosures. ERROR: Disclosures filed in their entirety. CORRECTION: Complete disclosures removed and Certificate of Service retained. (ts) |
| Filing 15 CERTIFICATE OF SERVICE by William O. Warr for Rule 26(a)(1) Initial Disclosures. (Atkinson, Mark) (Modified on 5/22/2020 to remove complete disclosures and retain certificate of service) (ts). |
| Filing 14 CERTIFICATE OF SERVICE by Rish Equipment Company for Rule 26(a)(1) Initial Disclosures. (Moore, Brian) |
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Filing 13
SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 6/10/2020. Discovery requests to be completed by 10/9/2020, and all depositions by 11/16/2020. Expert Witness List by parties bearing the burden of proof due by 9/18/2020, by party not bearing burden of proof due by 10/16/2020, and to solely contradict or rebut evidence due by 11/2/2020. Dispositive Motions except those filed under Rule 12(b) due by 12/7/2020, with responses and replies due thereafter in accordance with the Local Rules. Mediation to be concluded by 12/16/2020. Settlement Meeting to be held by 3/8/2021. Motions in Limine to be filed by 3/15/2021, with responses due by 3/22/2021. Plaintiff's portion of the Proposed Integrated Pretrial Order due to defendants by 3/15/2021, who shall then prepare and complete the opposing portion thereof and submit the Proposed Integrated Pretrial Order to the Court for entry by 3/18/2021. Pretrial Conference set for 3/29/2021 at 02:00 PM in Bluefield before Judge David A. Faber. Proposed Jury Charge due by 4/1/2021. Final Settlement Conference at 10:00 AM on 4/12/2021 in Bluefield. Jury Trial set for 4/13/2021 at 09:30 AM in Bluefield before Judge David A. Faber. Signed by Senior Judge David A. Faber on 4/28/2020. (cc: counsel of record and any unrepresented party) (arb)
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Filing 12
ORDER: The Scheduling Conference previously scheduled for 5/11/2020 is CANCELLED. Signed by Senior Judge David A. Faber on 4/28/2020. (cc: counsel of record) (arb)
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| Filing 11 RULE 26(f) REPORT OF PLANNING MEETING by Rish Equipment Company, Davis Mining & Manufacturing, Inc., William O. Warr (Moore, Brian) (Modified on 4/28/2020 to add party filers) (ts). |
| Filing 10 REPLY by Rish Equipment Company to #9 Response In Opposition. (Moore, Brian) |
| Filing 9 RESPONSE by William O. Warr in opposition to #7 MOTION by Davis Mining & Manufacturing, Inc. to Dismiss Complaint (Atkinson, Mark) |
| Filing 8 MEMORANDUM OF LAW by Davis Mining & Manufacturing, Inc. in support of #7 MOTION by Davis Mining & Manufacturing, Inc. to Dismiss Complaint (Horne, Jerad) |
| Filing 7 MOTION by Davis Mining & Manufacturing, Inc. to Dismiss Complaint Attached to #1 Notice of Removal. (Horne, Jerad) (Modified on 4/8/2020 to add link to #1 notice of removal) (ts). |
| Filing 6 NOTICE OF CONSENT FOR REMOVAL by Davis Mining & Manufacturing, Inc. (Horne, Jerad) |
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Filing 5
ORDER AND NOTICE: Last day for Rule 26(f) Meeting is 4/24/2020. Last day to file report of Rule 26(f) Meeting is 5/1/2020. Scheduling Conference at 04:00 PM on 5/11/2020 in Bluefield before the undersigned. Entry of Scheduling Order by 5/15/2020. Last Day to make Rule 26(a)(1) disclosures is 5/25/2020. Signed by Senior Judge David A. Faber on 3/26/2020. (cc: counsel of record and any unrepresented parties) (arb)
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| Filing 4 MEMORANDUM OF LAW by Rish Equipment Company in support of #3 MOTION by Rish Equipment Company to Dismiss Complaint (Moore, Brian) |
| Filing 3 MOTION by Rish Equipment Company to Dismiss Complaint Attached to #1 Notice of Removal (Moore, Brian) (Modified on 3/26/2020 to add link to #1 notice of removal) (ts). |
| 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) |
| Filing 1 NOTICE OF REMOVAL by Rish Equipment Company with summons, complaint, amended complaint, docket sheet and other miscellaneous documents from Circuit Court of Mercer County County. Filing Fee $400.00. Receipt #AWVSDC-7576549. (Attachments: #1 State Court Records, #2 Civil Cover Sheet) (mk) |
| CASE assigned to Judge David A. Faber. (klc) |
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