Rogers v. McDowell County Commission et al
Plaintiff: Justin David Rogers
Defendant: McDowell County Commission, Correctional Officer Green and Correctional Officer Culbertson
Case Number: 1:2023cv00074
Filed: January 31, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: David A Faber
Nature of Suit: Prisoner - (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2023 Opinion or Order Filing 9 SCHEDULING ORDER: The amendment of any pleading and the joinder of any party shall be completed no later than 4/17/2023. The parties shall complete all discovery requests by 11/24/2023, and all depositions by 1/24/2024. Expert witnesses: The party bearing the burden of proof shall make the disclosures no later than 5/12/2023. The party not bearing burden of proof shall make disclosures by 6/12/2023. All parties shall provide the disclosures to solely contradict or rebut evidence no later than 7/12/2023. All dispositive motions, except those filed under Rule 12(b), shall be filed and served by 2/21/2024, with responses and replies due thereafter in accordance with the Local Rules. Any mediation scheduled by the parties must be concluded by 2/28/2024. No later than 4/15/2024, parties and their counsel shall meet to conduct settlement negotiations. All motions in limine shall be filed and served by 4/22/2024, with responses due by 4/29/2024. Plaintiff's portion of the proposed integrated pretrial order is due to opposing counsel by 4/19/2024, who shall then prepare the opposing portion thereof and submit the proposed integrated pretrial order no later than 4/26/2024. A final pretrial conference shall be held at 2:30 PM, on 5/6/2024, in Bluefield. Proposed charge to the jury submitted by 5/30/2024. A final settlement conference shall be held at 10:30 AM, on 6/3/2024, in Bluefield. Trial of this action shall be held at 9:30 AM, on 6/4/2024, in Bluefield. Signed by Senior Judge David A. Faber on 3/20/2023. (cc: counsel of record; any unrepresented party) (mk)
March 17, 2023 Opinion or Order Filing 8 ORDER cancelling the Scheduling Conference previously scheduled for 3/20/2023. Signed by Senior Judge David A. Faber on 3/17/2023. (cc: counsel of record) (arb)
March 13, 2023 Opinion or Order Filing 7 RULE 26(f) REPORT OF PLANNING MEETING by Culbertson, Green, McDowell County Commission, Justin David Rogers. (Vanston, Benjamin) (Modified on 3/14/2023 to add party filer) (mk).
February 17, 2023 Opinion or Order Filing 6 MEMORANDUM by Justin David Rogers in opposition to #3 MOTION by Culbertson, Green, McDowell County Commission to Dismiss With Prejudice re: Complaint attached to #1 Notice of Removal (Stroebel, Paul)
February 3, 2023 Opinion or Order Filing 5 ORDER AND NOTICE: Last day for Rule 26(f) meeting - 3/6/2023. Last day to file report of Rule 26(f) meeting and Scheduling Order Worksheet - 3/13/2023. Scheduling conference at 2:30 PM on 3/20/2023, in Bluefield, West Virginia, before the undersigned. Entry of Scheduling Order - 3/27/2023. Last day to make Rule 26(a)(1) disclosures - 4/4/2023. Signed by Senior Judge David A. Faber on 2/3/2023. (cc: counsel of record; any unrepresented parties) (mk)
February 3, 2023 Opinion or Order Filing 4 MEMORANDUM OF LAW by Culbertson, Green, McDowell County Commission in support of #3 MOTION by Culbertson, Green, McDowell County Commission to Dismiss With Prejudice re: Complaint attached to #1 Notice of Removal. (Layne, Jacob)
February 3, 2023 Opinion or Order Filing 3 MOTION by Culbertson, Green, McDowell County Commission to Dismiss With Prejudice re: Complaint attached to #1 Notice of Removal. (Layne, Jacob) (Modified on 2/3/2023 to add link to #1 notice of removal) (mk).
January 31, 2023 Opinion or Order CASE assigned to Senior Judge David A. Faber. (klc)
January 31, 2023 Opinion or Order 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)
January 31, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by McDowell County Commission, Correctional Officer Green and Correctional Officer Culbertson with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of McDowell County. Filing Fee $402.00. Receipt #AWVSDC-8355711. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet) (arb)

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Plaintiff: Justin David Rogers
Represented By: Paul M. Stroebel
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Defendant: McDowell County Commission
Represented By: Benjamin Brice Vanston
Represented By: Jacob D. Layne
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Defendant: Correctional Officer Green
Represented By: Benjamin Brice Vanston
Represented By: Jacob D. Layne
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Defendant: Correctional Officer Culbertson
Represented By: Benjamin Brice Vanston
Represented By: Jacob D. Layne
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