Field v. Phillip Morris, USA, Inc.
Plaintiff: Dale P. Field, Jr.
Defendant: Phillip Morris, USA, Inc.
Case Number: 1:2021cv00218
Filed: April 12, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Omar J Aboulhosn
Referring Judge: David A Faber
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 7, 2021 Opinion or Order Filing 18 MOTION by Dale P. Field, Jr. to Remand Back to the McDowell County Circuit Court; Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb)
June 7, 2021 Opinion or Order Filing 17 OBJECTIONS by Dale P. Field, Jr. to the Court's #12 Order denying his Motion for Leave to Proceed In Forma Pauperis. (arb)
June 2, 2021 Opinion or Order Filing 16 ORDER granting Plaintiff's #15 MOTION for Extension of Time. Plaintiff shall file his Amended Complaint by 7/1/2021. Signed by Magistrate Judge Omar J. Aboulhosn on 6/2/2021. (cc: Plaintiff, pro se; counsel of record) (arb)
June 1, 2021 Opinion or Order Filing 15 MOTION by Dale P. Field, Jr. for Extension of Time to Amend his Complaint attached to #1 Notice of Removal. Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb)
May 20, 2021 Opinion or Order Filing 14 NOTICE of Withdrawal of Jeremy A. Gunn and Substitution of Counsel of Record by Phillip Morris, USA, Inc. (Gunn, Jeremy)
May 19, 2021 Opinion or Order Filing 13 MOTION by Dale P. Field, Jr. Requesting Court Recognize Mailbox Rule re: #9 Order. Motion referred to Magistrate Judge Omar J. Aboulhosn. (mk)
May 17, 2021 Opinion or Order Filing 12 ORDER granting Plaintiff's motion for leave to file an Amended Complaint; plaintiff shall file his Amended Complaint on or before 6/1/2021; denying Plaintiff's motion for appointment of counsel or guardian ad litem; Plaintiff may renew his request for counsel, and the Court will reconsider making a request that an attorney represent him, as the case proceeds after consideration of Defendant's pleadings in response to his claims; denying as moot Plaintiff's #10 MOTION for Leave to Proceed Informa Pauperis. Signed by Magistrate Judge Omar J. Aboulhosn on 5/17/2021. (cc: Plaintiff, pro se; counsel of record) (arb)
May 17, 2021 Opinion or Order Filing 11 RESPONSE by Dale P. Field, Jr. to Defendant's #5 MOTION to Dismiss (arb)
May 17, 2021 Opinion or Order Filing 10 MOTION by Dale P. Field, Jr. for Leave to Proceed Informa Pauperis. Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb)
April 30, 2021 Opinion or Order Filing 9 ORDER granting Plaintiff's #8 MOTION for Extension of Time. Plaintiff shall have until 5/17/2021 to file his response to Defendant's #5 MOTION to Dismiss. Signed by Magistrate Judge Omar J. Aboulhosn on 4/30/2021. (cc: Plaintiff, pro se; counsel of record) (arb)
April 30, 2021 Opinion or Order Filing 8 MOTION by Dale P. Field, Jr. for Extension of Time to File a Response to Defendant's #5 MOTION to Dismiss. Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb)
April 16, 2021 Opinion or Order Filing 7 ORDER directing Plaintiff to file a response to Defendant's #5 MOTION to Dismiss by 5/7/2021. Following service of Plaintiff's response, Defendant will have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 4/16/2021. (cc: Plaintiff, pro se; counsel of record) (arb)
April 16, 2021 Opinion or Order Filing 6 MEMORANDUM by Phillip Morris, USA, Inc. in support of #5 MOTION to Dismiss by Phillip Morris, USA, Inc. (slr)
April 16, 2021 Opinion or Order Filing 5 MOTION by Phillip Morris, USA, Inc. to Dismiss. (Attachment: #2 Certificate of Service) Motion referred to Magistrate Judge Omar J. Aboulhosn.(Gunn, Jeremy) (Modified on 4/16/2021 to remove Memorandum in Support of Motion. Memorandum in Support filed as a stand-alone document; see next entry)(slr).
April 16, 2021 Opinion or Order Filing 4 AMENDED CERTIFICATE OF SERVICE by Phillip Morris, USA, Inc. to Notice of Removal. (Gunn, Jeremy)
April 16, 2021 Opinion or Order NOTICE OF DOCKET CORRECTION re: #5 MOTION by Phillip Morris, USA, Inc. to Dismiss. ERROR: Memorandum in Support of Motion was filed as an attachment. CORRECTION: Removed Memorandum in Support and docketed as a stand-alone document; see entry #6. (slr)
April 12, 2021 Opinion or Order CASE assigned to Senior Judge David A. Faber. (klc)
April 12, 2021 Opinion or Order Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (arb)
April 12, 2021 Opinion or Order Filing 2 (COPY OF) FINANCIAL AFFIDAVIT by Dale P. Field, Jr. as filed in McDowell County Circuit Court. (arb)
April 12, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by Phillip Morris, USA, Inc. with summons, complaint, miscellaneous documents, including Notice of Filing of Notice of Removal, and docket sheet from Circuit Court of McDowell County. Filing Fee $402.00. Receipt #AWVSDC-7922611. (Attachments: #1 Exhibits 1 & 2, #2 Civil Cover Sheet) (arb)

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Plaintiff: Dale P. Field, Jr.
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Defendant: Phillip Morris, USA, Inc.
Represented By: Jeremy A. Gunn
Represented By: Richard F. Shearer
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