Darpli et al v. Mattox et al
| Matt Darpli and Bridge Climb, USA, LLC |
| Paul A. Mattox, Jr., Benny Simpson, Bruce Vest, David Arnold, Adventure West Virginia Resort, LLC a West Virginia Limited Liability Company, and doing business as Class VI, American-Canadian Expeditions, Ltd. a West Virginia Limited Liability Corporation Company doing business as Ace Whitewater, Bridge Walk, LLC, Dirk Kempthorne, Mary A. Bomar and Don Striker |
| 2:2010cv00965 |
| July 28, 2010 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| Thomas E Johnston |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 31
ORDER directing that this civil action is dismissed with prejudice and retired from the docket of the Court, subject to reopening on motion of any party, and for good cause shown, within 90 days. Signed by Judge Thomas E. Johnston on 2/9/2011. (cc: attys; any unrepresented party) (lca)
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| Filing 30 NOTICE of Mediation by Bridge Walk, LLC (Jack, Justin) |
| Filing 29 NOTICE of Nomination of Mediator by Adventure West Virginia Resort, LLC, American-Canadian Expeditions, Ltd., David Arnold, Bridge Walk, LLC, Benny Simpson, Bruce Vest, Mary A. Bomar, Bridge Climb, USA, LLC, Matt Darpli, Dirk Kempthorne, Paul A. Mattox, Jr., Don Striker (Attachment: #1 Certificate of Service)(Jack, Justin) (Modified on 12/26/2010 to add additional filers) (skh). |
| Filing 28 ADDITIONAL EXHIBITS by Bridge Climb, USA, LLC, Matt Darpli in support of #4 MOTION for Preliminary Injunction or in the Alternative MOTION for Temporary Restraining Order. (taq) |
| Filing 27 CERTIFICATE OF SERVICE by Mary A. Bomar, Dirk Kempthorne, Don Striker for Rule 26(a)(1) Initial Disclosures. (Krivonyak, J.) |
| NOTICE OF DOCKET CORRECTION re: #26 CERTIFICATE OF SERVICE by Bridge Climb, USA, LLC, Matt Darpli for Rule 26(a)(1) Initial Disclosures. (Hoosier, D.) Error: Disclosures filed. Correction: Removed disclosures, leaving certificate of service. (rap) |
| Filing 26 CERTIFICATE OF SERVICE by Bridge Climb, USA, LLC, Matt Darpli for Rule 26(a)(1) Initial Disclosures. (Hoosier, D.) Modified on 11/15/2010 to remove disclosures (rap). |
| Filing 25 CERTIFICATE OF SERVICE by Adventure West Virginia Resort, LLC, American-Canadian Expeditions, Ltd., David Arnold, Bridge Walk, LLC, Benny Simpson, Bruce Vest for Rule 26(a)(1) Initial Disclosures. (Jack, Justin) |
| NOTICE OF DOCKET CORRECTION re: #24 REPLY by Matt Darpli to #22 Response In Opposition and #23 Response In Opposition. ERROR: Exhibits A-J omitted at time of electronic filing. CORRECTION: Attached Exhibits A-J as Attachment #1. (skh) |
| Filing 24 REPLY by Matt Darpli to #22 Response In Opposition, #23 Response In Opposition (Hoosier, D.) (Modified title of entry to conform to filed document on 11/3/2010) (skh). (Attachments added on 11/8/2010: #1 Exhibits A - J) (skh). (Modified on 11/8/2010 to add Exhibits A-J as Attachment #1) (skh). |
| Filing 23 RESPONSE by Adventure West Virginia Resort, LLC, American-Canadian Expeditions, Ltd., David Arnold, Bridge Walk, LLC, Benny Simpson, Bruce Vest in opposition of #4 MOTION by Matt Darpli, Bridge Climb, USA, LLC for Preliminary Injunction or in the Alternative MOTION by Matt Darpli, Bridge Climb, USA, LLC for Temporary Restraining Order (Jack, Justin) (Modified for clarity of text and to remove link to #19 brief on 10/26/2010) (skh). |
| Filing 22 RESPONSE by Paul A. Mattox, Jr in opposition of #4 MOTION by Matt Darpli, Bridge Climb, USA, LLC for Preliminary Injunction or in the Alternative MOTION by Matt Darpli, Bridge Climb, USA, LLC for Temporary Restraining Order (Miller, Jeffrey) (Modified for clarity of text and to remove link to #19 brief on 10/26/2010) (skh). |
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Filing 21
SCHEDULING ORDER directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 12/3/2010. Discovery requests to be completed by 4/25/2011, and all depositions by 6/9/2011. Expert Witness List by parties bearing the burden of proof due by 4/11/2011, by party not bearing burden of proof due by 5/10/2011, and to solely contradict or rebut evidence due by 5/26/2011. Summary Judgment and Other Dispositive Motions except those filed under Rule 12(b) due by 6/29/2011, with responses due by 7/13/2011, and replies due by 7/22/2011. Settlement Meeting to be held by 8/30/2011. Motions in Limine to be filed by 9/6/2011, with responses due by 9/13/2011. Plaintiffs' portion of proposed Pretrial Order to defendants due by 9/5/2011, Proposed Integrated Pretrial Order due by 9/12/2011. Pretrial Conference set for 10/5/2011 at 10:00 AM in Charleston before Judge Thomas E. Johnston. Proposed Findings of Fact and Conclusions of Law due by 10/4/2011. Final Settlement Conference at 10:00 AM on 10/5/2011 in Charleston. Trial set for 10/18/2011 at 09:00 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 10/18/2010. (cc: attys; any unrepresented party) (mkw)
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| Filing 20 RULE 26(f) REPORT OF PLANNING MEETING by Adventure West Virginia Resort, LLC, American-Canadian Expeditions, Ltd., David Arnold, Bridge Walk, LLC, Benny Simpson, Bruce Vest. (Jack, Justin) |
| Filing 19 MEMORANDUM (Supplemental) by Bridge Climb, USA, LLC, Matt Darpli in support of #4 MOTION by Matt Darpli, Bridge Climb, USA, LLC for Preliminary Injunction or in the Alternative MOTION by Matt Darpli, Bridge Climb, USA, LLC for Temporary Restraining Order (Hoosier, D.) (Modified for clarity of text on 10/13/2010) (skh). |
| NOTICE OF DOCKET CORRECTION re: #17 MOTION by Adventure West Virginia Resort, LLC, American-Canadian Expeditions, Ltd., David Arnold, Bridge Walk, LLC, Benny Simpson, Bruce Vest to Dismiss #1 COMPLAINT/REQUEST for Injunction and Complaint for Declaratory Judgment. ERROR: Attached memorandum should be a separate filing. CORRECTION: Detached memorandum and filed using the event Memorandum In Support. (skh) |
| Filing 18 MEMORANDUM by Adventure West Virginia Resort, LLC, American-Canadian Expeditions, Ltd., David Arnold, Bridge Walk, LLC, Benny Simpson, Bruce Vest in support of #17 MOTION to Dismiss #1 REQUEST by Bridge Climb, USA, LLC, Matt Darpli for Injunction and Complaint for Declaratory Judgment. (skh) |
| Filing 17 MOTION by Adventure West Virginia Resort, LLC, American-Canadian Expeditions, Ltd., David Arnold, Bridge Walk, LLC, Benny Simpson, Bruce Vest to Dismiss #1 COMPLAINT/REQUEST by Bridge Climb, USA, LLC, Matt Darpli for Injunction and Complaint for Declaratory Judgment (Jack, Justin) (Modified text to conform to filed document and to remove memorandum (attachment #1) and file as entry #18 on 10/5/2010) |
| Filing 16 ANSWER TO COMPLAINT by Mary A. Bomar, Dirk Kempthorne, Don Striker.(Krivonyak, J.) |
| Filing 15 INCORRECT ENTRY: Image removed. See #16 . (rap). |
| NOTICE OF DOCKET CORRECTION re: #15 ANSWER TO COMPLAINT. ERROR: Filing incorrect. Correction: Counsel refiled as #16 . (rap) |
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Filing 12
ORDER pursuant to plaintiffs' #4 MOTION for Preliminary Injunction or in the Alternative Temporary Restraining Order, directing the plaintiffs to submit supplemental briefing on said motion by 10/11/2010; defendants to submit their responses by 10/25/2010; and plaintiffs' reply due by 11/1/2010. Signed by Judge Thomas E. Johnston on 9/13/2010. (cc: attys; any unrepresented party) (taq)
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| Filing 11 NOTICE OF APPEARANCE by Justin D. Jack, Thomas V. Flaherty, Alaina N. Crislip on behalf of Adventure West Virginia Resort, LLC, American-Canadian Expeditions, Ltd., David Arnold, Bridge Walk, LLC, Benny Simpson, Bruce Vest. (Jack, Justin) (Modified on 9/14/2010 to add additional appearing attorneys) (skh). |
| SET DEADLINES re: #4 MOTION for Preliminary Injunction or in the Alternative Temporary Restraining Order; plaintiffs' supplemental briefing due 10/11/2010; defendants' Responses due by 10/25/2010 and plaintiffs' Reply due by 11/1/2010 pursuant to the court's #12 order. (taq) (Modified on 9/15/2010 to add deadline for plaintiffs' supplemental briefing) (skh). |
| Filing 14 EXHIBIT FROM EVIDENTIARY HEARING held 09/10/2010 by Adventure West Virginia Resort, LLC, American-Canadian Expeditions, Ltd., David Arnold, Mary A. Bomar, Bridge Walk, LLC, Dirk Kempthorne, Paul A. Mattox, Jr, Benny Simpson, Don Striker, Bruce Vest. Defendants' Exhibit Number: 1. (mkw) |
| Filing 13 WITNESS LIST by Plaintiffs Bridge Climb, USA, LLC, Matt Darpli for Evidentiary Hearing held 09/10/2010. (mkw) |
| Filing 10 EVIDENTIARY HEARING held by Judge Thomas E. Johnston on 9/10/2010; Court Reporter: Ayme Cochran. (slw) |
| Filing 9 NOTICE of Plaintiffs' Failure to Comply with Fed. R. Civ. P. 65 by Mary A. Bomar, Dirk Kempthorne, Don Striker re: #7 Order (Krivonyak, J.) |
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Filing 8
ORDER AND NOTICE: Rule 12(b) Motions 9/24/2010. Rule 26(f) Meeting 10/4/2010. Last day to file report of Rule 26(f) Meeting 10/11/2010. Entry of Scheduling Order 11/4/2010. Last Day to make Rule 26(a)(1) disclosures 11/8/2010. Signed by Judge Thomas E. Johnston on 8/25/2010. (cc: attys; any unrepresented party) (taq)
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Filing 7
ORDER directing that the Court will hold a preliminary injunction hearing on 9/10/2010 at 10:00 AM in Charleston. Signed by Judge Thomas E. Johnston on 8/24/2010. (cc: attys; any unrepresented party) (taq)
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| Filing 6 ANSWER TO #1 COMPLAINT/REQUEST FOR INJUNCTION AND COMPLAINT FOR DECLARATORY JUDGMENT by Paul A. Mattox, Jr.(Miller, Jeffrey) (Modified on 8/25/2010 to add link to #1 complaint) (skh). |
| Filing 5 MEMORANDUM by Matt Darpli, Bridge Climb, USA, LLC in support of #4 MOTION by Matt Darpli, Bridge Climb, USA, LLC for Preliminary Injunction or in the Alternative MOTION by Matt Darpli, Bridge Climb, USA, LLC for Temporary Restraining Order (Hoosier, D.) (Modified on 8/24/2010 for clarity of text, to add additional filer and to remove links to #1 complaint, #3 summons issued, and the case assignment) (skh). |
| Filing 4 MOTION by Matt Darpli, Bridge Climb, USA, LLC for Preliminary Injunction or in the Alternative MOTION by Matt Darpli, Bridge Climb, USA, LLC for Temporary Restraining Order (Hoosier, D.) (Modified on 8/4/2010 to add additional filer) (skh). |
| Filing 3 SUMMONS ISSUED by the Clerk on behalf of Bridge Climb, USA, LLC, Matt Darpli for Adventure West Virginia Resort, LLC, American-Canadian Expeditions, Ltd., David Arnold, Mary A. Bomar, Bridge Walk, LLC, Dirk Kempthorne, Paul A. Mattox, Jr, Benny Simpson, Don Striker, Bruce Vest, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies for each defendant mailed to plaintiffs' counsel, D. Adrian Hoosier, II, for service. (taq) |
| Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED AUGUST 1, 2006. This matter referred to Magistrate Judge Stanley for discovery. (cc:attys; any unrepresented party) (taq) |
| CASE assigned to Judge Thomas E. Johnston. (ras) |
| Filing 1 COMPLAINT/REQUEST FOR INJUNCTION AND COMPLAINT FOR DECLARATORY JUDGMENT by Matt Darpli and Bridge Climb, USA, LLC. Filing Fee $350.00. Receipt # 0425-1333300. (Attachment: #1 Civil Cover Sheet) (taq) |
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