Jamison v. Ershig Properties Inc. et al
Plaintiff: Donna Jamison
Defendant: Andrew H. Tran, Ershig Properties, Inc., Ershig Properties, Inc. doing business as Mercer Mall, Andrew H. Tran and doing business as Style Nails and Vinh T. Nguyen doing business as Style Nails
Case Number: 1:2020cv00393
Filed: June 10, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: David A Faber
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2020 Opinion or Order Filing 13 SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 9/28/2020. Discovery requests to be completed by 4/16/2021, and all depositions by 6/1/2021. Expert Witness List by parties bearing the burden of proof due by 12/14/2020, by party not bearing burden of proof due by 1/29/2021, and to solely contradict or rebut evidence due by 2/19/2021. Dispositive Motions except those filed under Rule 12(b) due by 6/21/2021, with responses and replies due thereafter in accordance with the Local Rules. Mediation to be concluded by 7/30/2021. Settlement Meeting to be held by 7/19/2021. Motions in Limine to be filed by 7/26/2021, with responses due by 8/2/2021. Plaintiff's portion of the Proposed Integrated Pretrial Order due to defendants by 7/23/2021, who shall then prepare and complete the opposing portion thereof and submit the Proposed Integrated Pretrial Order to the court for entry by 7/30/2021. Pretrial Conference set for 8/9/2021 at 02:30 PM in Bluefield before Senior Judge David A. Faber. Proposed Jury Charge due by 8/26/2021. Final Settlement Conference at 10:30 AM on 8/30/2021 in Bluefield. Jury Trial set for 8/31/2021 at 09:30 AM in Bluefield before Senior Judge David A. Faber. Signed by Senior Judge David A. Faber on 8/3/2020. (cc: counsel of record) (arb)
August 3, 2020 Opinion or Order Filing 12 ORDER: The Scheduling Conference previously scheduled for 8/17/2020 is CANCELLED. Signed by Senior Judge David A. Faber on 8/3/2020. (cc: counsel of record) (arb)
July 31, 2020 Filing 11 RULE 26(f) REPORT OF PLANNING MEETING by Ershig Properties, Inc., Vinh T. Nguyen, Donna Jamison. (Shuler, Tonya) (Modified on 8/3/2020 to add party filer) (mk).
July 17, 2020 Filing 10 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Ershig Properties, Inc. (Shuler, Tonya)
July 2, 2020 Opinion or Order Filing 9 AMENDED MEMORANDUM OPINION AND ORDER re: #5 Agreed Order Substituting Defendant: It is hereby ORDERED that Defendant Vinh T. Nguyen d/b/a Style Nails shall be substituted for Defendant Andrew H. Tran d/b/a Style Nails, and that said substitution shall be noted on the style of all future pleadings. The parties further announce their agreement to allow the previously-filed #3 Stipulation for Extension of Time to File Responsive Pleading to apply to Vinh T. Nguyen d/b/a Style Nails. The court amends its earlier #5 Order to amend the case heading for clarification purposes. The court notes that future filings should use the above heading style, where defendants are properly named as Ershig Properties, Inc., d/b/a/ Mercer Mall, et al. Signed by Senior Judge David A. Faber on 7/2/2020. (cc: counsel of record) (mk)
July 2, 2020 Opinion or Order Filing 8 ORDER AND NOTICE: Rule 26(f) Meeting 7/31/2020. Last day to file report of Rule 26(f) Meeting 8/7/2020. Scheduling Conference at 01:30 PM on 8/17/2020 in Bluefield. Entry of Scheduling Order 8/21/2020. Last Day to make Rule 26(a)(1) disclosures 8/31/2020. Signed by Senior Judge David A. Faber on 7/2/2020. (cc: counsel of record; any unrepresented party) (mk)
July 1, 2020 Filing 7 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Ershig Properties, Inc. (Shuler, Tonya)
July 1, 2020 Filing 6 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Vinh T. Nguyen.(Shuler, Tonya)
July 1, 2020 Opinion or Order Filing 5 AGREED ORDER SUBSTITUTING DEFENDANT re: #4 Proposed Order: It is hereby ORDERED that Defendant Vinh T. Nguyen d/b/a Style Nails shall be substituted for Defendant Andrew H. Tran d/b/a Style Nails, and that said substitution shall be noted on the style of all future pleadings. The parties further announce their agreement to allow the previously-filed #3 Stipulation for Extension of Time to File Responsive Pleading to apply to Vinh T. Nguyen d/b/a Style Nails. Signed by Senior Judge David A. Faber on 7/1/2020. (cc: counsel of record) (mk)
June 17, 2020 RESET ANSWER DEADLINE as to Ershig Properties, Inc., Andrew H. Tran for 7/1/2020. (ts)
June 17, 2020 Filing 4 PROPOSED ORDER Agreed Order Substituting Defendant by Ershig Properties, Inc., Andrew H. Tran (Shuler, Tonya)
June 17, 2020 Filing 3 STIPULATION EXTENDING TIME for Defendants to file a responsive pleading to Complaint Attached to #1 Notice of Removal to July 1, 2020 by Ershig Properties, Inc., Andrew H. Tran, Donna Jamison (Shuler, Tonya) (Modified on 6/18/2020 to add party filer)(ts).
June 10, 2020 CASE assigned to Judge David A. Faber. (klc)
June 10, 2020 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) (arb)
June 10, 2020 Filing 1 NOTICE OF REMOVAL by Andrew H. Tran and Ershig Properties, Inc. with summons, complaint, miscellaneous documents and docket sheet from Circuit Court of Mercer County. Filing Fee $400.00. Receipt # AWVSDC-7641195. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (arb)

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Defendant: Andrew H. Tran
Represented By: Tonya Patrick Shuler
Represented By: Matthew A. Nelson
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Defendant: Ershig Properties, Inc.
Represented By: Tonya Patrick Shuler
Represented By: Matthew A. Nelson
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Defendant: Ershig Properties, Inc. doing business as Mercer Mall
Represented By: Tonya Patrick Shuler
Represented By: Matthew A. Nelson
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Defendant: Andrew H. Tran and doing business as Style Nails
Represented By: Tonya Patrick Shuler
Represented By: Matthew A. Nelson
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Defendant: Vinh T. Nguyen doing business as Style Nails
Represented By: Matthew A. Nelson
Represented By: Tonya Patrick Shuler
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Plaintiff: Donna Jamison
Represented By: John S. Stacy
Represented By: John S. Stacy, II
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