Canfield v. Fucillo
Petitioner: Dwight Canfield
Respondent: Rocco S. Fucillo
Case Number: 2:2012cv09110
Filed: December 17, 2012
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: Berkeley
Presiding Judge: John T Copenhaver
Nature of Suit: Other Statutory Actions
Cause of Action: 42 U.S.C. § 2005 Review of Agency Action-HHS
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 30, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2013 Opinion or Order Filing 39 ACKNOWLEDGEMENT by Clerk, Circuit Court of Kanawha County, of receipt of case file on 7/25/2013. (tmh)
July 23, 2013 Opinion or Order Filing 38 LETTER to Clerk, Circuit Court of Kanawha County, from Clerk, USDC/SDWV dated 7/23/2013, re: transmitting case file pursuant to the Court's Order entered 7/23/2013 remanding this case. (tmh)
July 23, 2013 Opinion or Order Filing 37 JUDGMENT ORDER pursuant to the memorandum opinion and order entered this day, directing that this action is remanded to the Circuit Court of Kanawha County, West Virginia; further directing that this action be struck from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 7/23/2013. (cc: attys; Clerk of the Circuit Court of Kanawha County) (tmh)
July 23, 2013 Opinion or Order Filing 36 MEMORANDUM OPINION AND ORDER granting plaintiff's #8 MOTION to Remand Case to Circuit Court of Kanawha County. Signed by Judge John T. Copenhaver, Jr. on 7/23/2013. (cc: attys; any unrepresented parties) (tmh)
July 15, 2013 Opinion or Order Filing 35 REPLY by Rocco S. Fucillo to #34 Memorandum In Opposition. (Attachments: #1 Attachment C, #2 Certificate of Service)(Dugas, Melinda)
July 8, 2013 Opinion or Order Filing 34 MEMORANDUM by Dwight Canfield in opposition to #31 MOTION by Rocco S. Fucillo for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Weston, Deborah) (Modified on 7/8/2013 to remove link to #32 memorandum) (skh).
July 1, 2013 Opinion or Order Filing 33 MOTION by Dwight Canfield for Enlargement of Time to Respond to #31 MOTION by Rocco S. Fucillo for Summary Judgment (Pomponio, Bren)
June 24, 2013 Opinion or Order Filing 32 MEMORANDUM by Rocco S. Fucillo in support of #31 MOTION by Rocco S. Fucillo for Summary Judgment (Attachment: #1 Certificate of Service)(Dugas, Melinda)
June 24, 2013 Opinion or Order Filing 31 MOTION by Rocco S. Fucillo for Summary Judgment (Attachments: #1 Attachment A - Policy, #2 Attachment B - SSBS, #3 Certificate of Service)(Dugas, Melinda)
May 7, 2013 Opinion or Order Filing 30 CERTIFICATE OF SERVICE filed by Rocco S. Fucillo for Respondent's Answer to Petitioner's First Request for Admissions (Dugas, Melinda) (Modified on 5/13/2013 to remove duplicate text) (taq).
April 19, 2013 Opinion or Order Filing 29 CLERK'S ORDER WITHDRAWING AND TRANSFERRING REFERENCE TO UNITED STATES MAGISTRATE JUDGE. The referral of discovery matters is TRANSFERRED to the Honorable Dwane L. Tinsley, United States Magistrate Judge. Signed by Clerk of Court Teresa L. Deppner on 4/19/2013. (cc: Honorable John T. Copenhaver, Jr., U. S. District Judge, the Honorable Dwane L. Tinsley, U. S. Magistrate Judge, counsel of record, and any unrepresented party) (lca)
April 5, 2013 Opinion or Order Filing 28 CERTIFICATE OF SERVICE by Rocco S. Fucillo for Supplemental Rule 26(e) Supplement to Respondent's Initial Disclosures. (Dugas, Melinda)
April 4, 2013 Opinion or Order Filing 27 CERTIFICATE OF SERVICE filed by Dwight Canfield for Petitioner's First Requests for Admissions (Weston, Deborah)
March 25, 2013 Opinion or Order Filing 26 CERTIFICATE OF SERVICE by Rocco S. Fucillo for Rule 26(a)(1) Initial Disclosures. (Dugas, Melinda)
March 25, 2013 Opinion or Order Filing 25 CERTIFICATE OF SERVICE filed by Dwight Canfield for Petitioners Rule 26(a)(1) Disclosures (Pomponio, Bren)
March 8, 2013 Opinion or Order Filing 24 SURREPLY by Dwight Canfield in opposition to #15 Reply to Memorandum (Attachment: #1 Exhibit 1)(Weston, Deborah)
February 28, 2013 Opinion or Order Filing 23 ORDER granting the plaintiff's #20 MOTION for leave to file surreply to the defendant's motion to dismiss; the plaintiff is directed to file a surreply, limited to the recently advanced issue of exhaustion, within 7 days of the entry of this order. Signed by Judge John T. Copenhaver, Jr. on 2/27/2013. (cc: attys; any unrepresented parties) (taq)
February 28, 2013 Opinion or Order Filing 22 ORDER: The scheduling conference is cancelled; directing that this case shall proceed as follows: Plaintiff's Joinder of Parties, amended pleadings due by 3/15/2013; and defendant's due by 4/1/2013. Discovery requests to be completed by 4/19/2013. Expert Witness List by parties bearing the burden of proof due by 4/4/2013, by party not bearing burden of proof due by 5/6/2013, and to solely contradict or rebut evidence due by 5/20/2013. Discovery to close by 06/03/2013. Dispositive Motions except those filed under Rule 12(b) due by 6/24/2013, with Responses due by 7/8/2013, and Replies due by 7/15/2013. Settlement Meeting to be held by 8/26/2013. Motions in Limine to be filed by 9/3/2013, with responses due by 9/9/2013. Plaintiff's portion of proposed Pretrial Order to defendants due by 8/28/2013, and Proposed Integrated Pretrial Order due by 9/4/2013. Pretrial Conference set for 9/20/2013 at 02:30 PM in Charleston. Proposed Jury Charge due by 10/7/2013. Final Settlement Conference at 02:30 PM on 10/15/2013 in Charleston. Jury Trial set for 10/16/2013 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 2/27/2013. (cc: attys; any unrepresented parties) (taq)
February 25, 2013 Opinion or Order Filing 21 RULE 26(f) REPORT OF PLANNING MEETING by Rocco S. Fucillo, Dwight Canfield. (Attachment: #1 Certificate of Service)(Dugas, Melinda) (Modified on 2/25/2013 to add party filer) (skh).
February 22, 2013 Opinion or Order Filing 20 MOTION by Dwight Canfield for Leave to File Surreply in Opposition to Respondent's Motion to Dismiss (Weston, Deborah)
February 22, 2013 Opinion or Order Filing 19 REPLY by Dwight Canfield to #17 Memorandum In Opposition. (Weston, Deborah)
February 15, 2013 Opinion or Order Filing 18 ORDER granting defendant's #16 MOTION for Leave to Submit an untimely response. Signed by Judge John T. Copenhaver, Jr. on 2/15/2013. (cc: attys; any unrepresented party) (lca)
February 12, 2013 Opinion or Order Filing 17 MEMORANDUM by Rocco S. Fucillo in opposition to #8 MOTION by Dwight Canfield to Remand Case to Circuit Court of Kanawha County (Attachment: #1 Certificate of Service)(Dugas, Melinda)
February 12, 2013 Opinion or Order Filing 16 MOTION by Rocco S. Fucillo for Leave to File Out of Time Respondent's Opposition to #8 MOTION by Dwight Canfield to Remand Case to Circuit Court of Kanawha County to 02/12/2013 (Attachment: #1 Certificate of Service)(Dugas, Melinda) (Modified text for clarity on 2/12/2013) (skh).
February 7, 2013 Opinion or Order Filing 15 REPLY by Rocco S. Fucillo to #12 Memorandum In Opposition. (Attachments: #1 Attachment 1, #2 Certificate of Service)(Dugas, Melinda)
February 6, 2013 Opinion or Order Filing 14 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Deborah G. Weston on behalf of Dwight Canfield. (Weston, Deborah)
January 29, 2013 Opinion or Order Filing 13 ORDER denying as moot plaintiff's #10 MOTION for Extension of Time to File Response to the #5 MOTION to Dismiss. Signed by Judge John T. Copenhaver, Jr. on 1/29/2013. (cc: attys; any unrepresented parties) (tmh)
January 28, 2013 Opinion or Order Filing 12 MEMORANDUM by Dwight Canfield in opposition to #5 MOTION by Rocco S. Fucillo to Dismiss (Attachment: #1 Exhibit 1)(Weston, Deborah)
January 25, 2013 Opinion or Order Filing 11 OBJECTION by Rocco S. Fucillo to #10 MOTION by Dwight Canfield to Extend Time to File Response to #5 MOTION by Rocco S. Fucillo to Dismiss (Attachment: #1 Certificate of Service)(Dugas, Melinda)
January 24, 2013 Opinion or Order Filing 10 MOTION by Dwight Canfield to Extend Time to File Response to #5 MOTION by Rocco S. Fucillo to Dismiss to within five days of entry of Court's order on Petitioner's Motion to Remand (Weston, Deborah)
January 24, 2013 Opinion or Order Filing 9 MEMORANDUM by Dwight Canfield in support of #8 MOTION by Dwight Canfield to Remand Case to Circuit Court of Kanawha County (Weston, Deborah)
January 24, 2013 Opinion or Order Filing 8 MOTION by Dwight Canfield to Remand Case to Circuit Court of Kanawha County (Weston, Deborah)
January 22, 2013 Opinion or Order Filing 7 ORDER AND NOTICE: Rule 12(b) Motions 2/11/2013. Rule 26(f) Meeting 2/21/2013. Last day to file report of Rule 26(f) Meeting 2/28/2013. Scheduling Conference at 11:00 AM on 3/7/2013 in Charleston. Entry of Scheduling Order 3/14/2013. Last Day to make Rule 26(a)(1) disclosures 3/25/2013. Signed by Judge John T. Copenhaver, Jr. on 1/22/2013. (cc: attys; any unrepresented parties) (taq)
January 9, 2013 Opinion or Order Filing 6 MEMORANDUM by Rocco S. Fucillo in support of #5 MOTION by Rocco S. Fucillo to Dismiss (Attachment: #1 Certificate of Service)(Dugas, Melinda)
January 9, 2013 Opinion or Order Filing 5 MOTION by Rocco S. Fucillo to Dismiss (Attachments: #1 Attachment A, #2 Attachment B, #3 Certificate of Service)(Dugas, Melinda)
December 20, 2012 Opinion or Order Filing 4 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 12/20/2012 to remove image as it was incorrectly filed) (taq).
December 20, 2012 Opinion or Order Filing 3 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Rocco S. Fucillo.(Dugas, Melinda) (Additional attachment(s) added on 12/20/2012: #1 Certificate of Service) (Modified on 12/20/2012 to add link to #1 notice of removal and to add certificate of service)(taq).
December 20, 2012 Opinion or Order NOTICE OF DOCKET CORRECTION re: 4 INCORRECT ENTRY; IMAGE REMOVED. ERROR: Document incorrectly filed. CORRECTION: Removed image and added as attachment #1 to entry #3 . (taq)
December 18, 2012 Opinion or Order Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 2, 2010. This matter referred to Magistrate Judge Stanley for discovery. (cc:attys; any unrepresented party) (tmh)
December 17, 2012 Opinion or Order CASE assigned to Judge John T. Copenhaver, Jr. (ras)
December 17, 2012 Opinion or Order Filing 1 NOTICE OF REMOVAL by Rocco S. Fucillo with summons, complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $350.00. Receipt #0425-2131670. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (tmh)

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Petitioner: Dwight Canfield
Represented By: Bren J. Pomponio
Represented By: Daniel F. Hedges 1
Represented By: Deborah G. Weston
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Respondent: Rocco S. Fucillo
Represented By: Kimberly Stitzinger Jones
Represented By: Melinda C. Dugas
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