Powers v. Covestro LLC et al
Plaintiff: Powers and Martin Powers
Defendant: Bayer Material Science, LLC, Covestro LLC, Bayer Corporation, Inc. and Randy Hively
Case Number: 2:2016cv05253
Filed: June 10, 2016
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: Kanawha
Presiding Judge: Joseph R Goodwin
Nature of Suit: Family and Medical Leave Act
Cause of Action: 29 USC 2601: Family & Medical Leave Act of 1993
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 3, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2017 Opinion or Order Filing 74 COSTS TAXED BY THE CLERK OF COURT pursuant to 28 U.S.C. 1920, costs in the total sum of ONE THOUSAND EIGHT HUNDRED NINE and 28/100th DOLLARS ($1,809.28) are taxed against the Plaintiff and in favor of Defendants Covestro LLC and Randy Hively. Pursuant to Federal Rule of Civil Procedure 54(d), on motion served within seven (7) days, the Court may review the Clerk's decision on taxation of costs. (ts)
May 24, 2017 Opinion or Order Filing 73 PROPOSED BILL OF COSTS by Covestro LLC, Randy Hively (Attachments: #1 Exhibit A, #2 Exhibit B)(Fox, Jan)
May 10, 2017 Opinion or Order Filing 72 TRANSMITTED CERTIFIED COPY of #71 Judgment Order entered 5/10/2017 to counsel of record. (taq)
May 10, 2017 Opinion or Order Filing 71 JUDGMENT ORDER in accordance with the accompanying #70 Memorandum Opinion and Order of this date, the court ORDERS that this case be DISMISSED with prejudice and STRICKEN from the docket of this court. Signed by Judge Joseph R. Goodwin on 5/10/2017. (cc: counsel of record; any unrepresented party) (taq)
May 10, 2017 Opinion or Order Filing 70 MEMORANDUM OPINION & ORDER granting the defendants' #30 MOTION for Summary Judgment; and denying the plaintiff's #32 MOTION for Summary Judgment on Liability for his Claim of FMLA Interference. Signed by Judge Joseph R. Goodwin on 5/10/2017. (cc: counsel of record; any unrepresented party) (taq)
May 8, 2017 Opinion or Order Filing 69 PROPOSED JURY VERDICT FORM by Plaintiff Martin Powers (Glazer, Hoyt)
May 8, 2017 Opinion or Order Filing 68 PROPOSED JURY INSTRUCTIONS by Martin Powers (Glazer, Hoyt)
May 8, 2017 Opinion or Order Filing 67 PROPOSED JURY INSTRUCTIONS by Covestro LLC, Randy Hively (Fox, Jan)
May 5, 2017 Opinion or Order Filing 66 PROPOSED ORDER Order for Access to Jury Venire by Covestro LLC, Randy Hively (Fox, Jan)
May 5, 2017 Opinion or Order Filing 65 MOTION by Covestro LLC, Randy Hively for Access to Jury Venire (Fox, Jan)
May 5, 2017 Opinion or Order Filing 64 ORDER for reasons appearing to the court, the pretrial conference is RESCHEDULED to 5/11/2017 at 11:00 a.m. Signed by Judge Joseph R. Goodwin on 5/5/2017. (cc: counsel of record; any unrepresented party) (taq)
April 28, 2017 Opinion or Order NOTICE OF DOCKET CORRECTION re: #61 Notice of Intent to Serve Subpoena Duces Tecum on Dr. Samuel Deem by Martin Powers. ERROR: Incorrect subpoena attached. CORRECTION: Incorrect subpoena removed and replaced with correct subpoena. (skh)
April 27, 2017 Opinion or Order Filing 63 NOTICE of Intent to Serve Subpoena Duces Tecum on Dr. James Akins by Martin Powers (Attachment: #1 Subpoena Duces Tecum)(Glazer, Hoyt)
April 27, 2017 Opinion or Order Filing 62 NOTICE of Intent to Serve Subpoena Duces Tecum on Dr. Anthony Sibley by Martin Powers (Attachment: #1 Subpoena Duces Tecum)(Glazer, Hoyt)
April 27, 2017 Opinion or Order Filing 61 NOTICE of Intent to Serve Subpoena Duces Tecum on Dr. Samuel Deem by Martin Powers (Attachment: #1 Subpoena Duces Tecum)(Glazer, Hoyt) (Modified on 4/28/2017 to remove and replace incorrect subpoena) (skh).
April 27, 2017 Opinion or Order Filing 60 NOTICE of Intent to Serve Subpoena on Mr. Darnell Perry by Martin Powers (Attachment: #1 Subpoena)(Glazer, Hoyt)
April 27, 2017 Opinion or Order Filing 59 NOTICE of Intent to Serve Subpoena on Mr. Danny Pritt by Martin Powers (Attachment: #1 Subpoena)(Glazer, Hoyt)
April 27, 2017 Opinion or Order Filing 58 NOTICE of Intent to Serve Subpoena Duces Tecum on Mr. George Barrett by Martin Powers (Attachment: #1 Subpoena Duces Tecum)(Glazer, Hoyt)
April 24, 2017 Opinion or Order Filing 57 RESPONSE by Martin Powers in opposition to #47 MOTION by Covestro LLC, Randy Hively in Limine No. 8 - To Exclude Evidence of Medical Information Not Communicated to Defendants Prior to Plaintiff's Discharge (Glazer, Hoyt)
April 24, 2017 Opinion or Order Filing 56 RESPONSE by Martin Powers in opposition to #46 MOTION by Covestro LLC, Randy Hively in Limine No. 7 - To Preclude Counsel from Representing that Defendant Randy Hively "Administered" FMLA Leave with Regard to Plaintiff (Attachment: #1 Exhibit 1)(Glazer, Hoyt)
April 24, 2017 Opinion or Order Filing 55 RESPONSE by Martin Powers in opposition to #45 MOTION by Covestro LLC, Randy Hively in Limine No. 6 - To Strike Plaintiff's Expert, George Barrett (Glazer, Hoyt)
April 24, 2017 Opinion or Order Filing 54 RESPONSE by Martin Powers in opposition to #44 MOTION by Covestro LLC, Randy Hively in Limine No. 5 - To Exclude Evidence Not Provided by Plaintiff During the Course of Discovery (Glazer, Hoyt)
April 24, 2017 Opinion or Order Filing 53 RESPONSE by Martin Powers in opposition to #43 MOTION by Covestro LLC, Randy Hively in Limine No. 4 - To Preclude Plaintiff from Representing that Covestro Maintains or Maintained a Policy Stating that Covestro is Obligated to "Excuse" Absences for Sporting Events (Attachment: #1 Exhibit 1)(Glazer, Hoyt)
April 24, 2017 Opinion or Order Filing 52 RESPONSE by Martin Powers in opposition to #42 MOTION by Covestro LLC, Randy Hively in Limine No. 3 - To Exclude Unemployment Compensation Deputy's Decision (Glazer, Hoyt)
April 24, 2017 Opinion or Order Filing 51 RESPONSE by Martin Powers in opposition to #41 MOTION by Covestro LLC, Randy Hively in Limine No. 2 - To Exclude Irrelevant, Speculative, and Hearsay Testimony of Rebecca Martin (Attachment: #1 Exhibit 1)(Glazer, Hoyt)
April 24, 2017 Opinion or Order Filing 50 RESPONSE by Martin Powers in opposition to #40 MOTION by Covestro LLC, Randy Hively in Limine No. 1 - To Preclude Counsel from Representing that Plaintiff "Suddenly and Quickly Exhausted his Sick Leave" (Glazer, Hoyt)
April 20, 2017 Opinion or Order Filing 49 ORDER Pretrial Conference reset for 5/8/2017 at 11:00 a.m. in Charleston before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 4/20/2017. (cc: attys; any unrepresented party) (tmr)
April 19, 2017 Opinion or Order Filing 48 PROPOSED INTEGRATED PRETRIAL ORDER by Covestro LLC, Randy Hively, Martin Powers (Dean, Mark) (Modified on 4/20/2017 to add party filer) (dvb)
April 17, 2017 Opinion or Order Filing 47 MOTION by Covestro LLC, Randy Hively in Limine No. 8 - To Exclude Evidence of Medical Information Not Communicated to Defendants Prior to Plaintiff's Discharge (Attachment: #1 Exhibit A)(Dean, Mark)
April 17, 2017 Opinion or Order Filing 46 MOTION by Covestro LLC, Randy Hively in Limine No. 7 - To Preclude Counsel from Representing that Defendant Randy Hively "Administered" FMLA Leave with Regard to Plaintiff (Dean, Mark)
April 17, 2017 Opinion or Order Filing 45 MOTION by Covestro LLC, Randy Hively in Limine No. 6 - To Strike Plaintiff's Expert, George Barrett (Dean, Mark)
April 17, 2017 Opinion or Order Filing 44 MOTION by Covestro LLC, Randy Hively in Limine No. 5 - To Exclude Evidence Not Provided by Plaintiff During the Course of Discovery (Dean, Mark)
April 17, 2017 Opinion or Order Filing 43 MOTION by Covestro LLC, Randy Hively in Limine No. 4 - To Preclude Plaintiff from Representing that Covestro Maintains or Maintained a Policy Stating that Covestro is Obligated to "Excuse" Absences for Sporting Events (Attachment: #1 Exhibit A)(Dean, Mark)
April 17, 2017 Opinion or Order Filing 42 MOTION by Covestro LLC, Randy Hively in Limine No. 3 - To Exclude Unemployment Compensation Deputy's Decision (Dean, Mark)
April 17, 2017 Opinion or Order Filing 41 MOTION by Covestro LLC, Randy Hively in Limine No. 2 - To Exclude Irrelevant, Speculative, and Hearsay Testimony of Rebecca Martin (Attachment: #1 Exhibit A)(Dean, Mark)
April 17, 2017 Opinion or Order Filing 40 MOTION by Covestro LLC, Randy Hively in Limine No. 1 - To Preclude Counsel from Representing that Plaintiff "Suddenly and Quickly Exhausted his Sick Leave" (Dean, Mark)
March 13, 2017 Opinion or Order Filing 39 ORDER the motion hearing scheduled in this matter for 3/16/2017 is CANCELED. Signed by Judge Joseph R. Goodwin on 3/13/2017. (cc: counsel of record; any unrepresented party) (taq)
February 24, 2017 Opinion or Order Filing 38 REPLY Memorandum by Martin Powers to #35 Memorandum In Opposition. (Glazer, Hoyt)
February 24, 2017 Opinion or Order Filing 37 REPLY by Covestro LLC, Randy Hively to #36 Response In Opposition. (Attachment: #1 Exhibit A)(Dean, Mark)
February 17, 2017 Opinion or Order Filing 36 RESPONSE by Martin Powers in opposition to #30 MOTION by Covestro LLC, Randy Hively for Summary Judgment (Glazer, Hoyt)
February 17, 2017 Opinion or Order Filing 35 MEMORANDUM OF LAW by Covestro LLC, Randy Hively in opposition to #32 MOTION by Martin Powers for Summary Judgement on Liability for his Claim of FLMLA Interference (Attachments: #1 Exhibit A, #2 Exhibit B)(Fox, Jan)
February 9, 2017 Opinion or Order Filing 34 ORDER granting the plaintiff's #28 MOTION to Withdraw Count II (Outrage) and Count IV (Retaliation for Exercising Rights and Engaging in Protected Conduct under the Family Medical Leave Act); Counts II and IV of the plaintiff's Amended Complaint are DISMISSED without prejudice. Signed by Judge Joseph R. Goodwin on 2/9/2017. (cc: counsel of record; any unrepresented party) (taq)
February 3, 2017 Opinion or Order Filing 33 MEMORANDUM by Martin Powers in support of #32 MOTION by Martin Powers for Summary Judgement on Liability for his Claim of FLMLA Interference (Glazer, Hoyt)
February 3, 2017 Opinion or Order Filing 32 MOTION by Martin Powers for Summary Judgement on Liability for his Claim of FLMLA Interference (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Glazer, Hoyt)
February 3, 2017 Opinion or Order Filing 31 MEMORANDUM OF LAW by Covestro LLC, Randy Hively in support of #30 MOTION by Covestro LLC, Randy Hively for Summary Judgment (Attachment: #1 Certificate of Service)(Fox, Jan)
February 3, 2017 Opinion or Order Filing 30 MOTION by Covestro LLC, Randy Hively for Summary Judgment (Attachments: #1 Certificate of Service, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P)(Fox, Jan)
January 26, 2017 Opinion or Order Filing 29 RESPONSE by Covestro LLC, Randy Hively in support of #28 MOTION by Martin Powers to Withdraw Count II (Outrage) and Count IV (Retaliation for Exercising Rights and Engaging in Protected Conduct Under the Family Medical Leave Act) of Plaintiff's Amended Complaint. (Dean, Mark)
January 25, 2017 Opinion or Order Filing 28 MOTION by Martin Powers to Withdraw Count II (Outrage) and Count IV (Retaliation for Exercising Rights and Engaging in Protected Conduct Under the Family Medical Leave Act) of Plaintiff's Amended Complaint (Attachment: #1 Certificate of Service)(Glazer, Hoyt)
January 18, 2017 Opinion or Order Filing 27 CERTIFICATE OF SERVICE by Martin Powers for Rule 26(a)(2) Supplemental Expert Disclosure. (Glazer, Hoyt)
January 6, 2017 Opinion or Order Filing 26 AMENDED NOTICE OF DEPOSITION by Martin Powers of Randy Hively on January 16, 2017 at 10:00 a.m. (Attachment: #1 Certificate of Service)(Glazer, Hoyt)
January 6, 2017 Opinion or Order Filing 25 NOTICE OF DEPOSITION by Martin Powers of Randy Hively on December 16, 2016 at 10:00 a.m. (Attachment: #1 Certificate of Service)(Glazer, Hoyt) (Modified text on 1/11/2017; see entry #26) (taq).
December 19, 2016 Opinion or Order Filing 24 AMENDED NOTICE OF DEPOSITION by Martin Powers of Maurice Lyle on 12/20/2016 at 1:00 p.m. (Glazer, Hoyt)
December 19, 2016 Opinion or Order Filing 23 NOTICE OF DEPOSITION by Martin Powers of Maurice Lyle on 12/20/2016 at 1:00 p.m. (Glazer, Hoyt)
December 3, 2016 Opinion or Order Filing 22 CERTIFICATE OF SERVICE by Martin Powers for Rule 26(a)(2) Expert Testimony Disclosures. (Glazer, Hoyt)
October 14, 2016 Opinion or Order Filing 21 CERTIFICATE OF SERVICE filed by Randy Hively for Responses to Plaintiff's First Set of Requests for Admission, Interrogatories and Requests for Production of Documents (Fox, Jan)
October 14, 2016 Opinion or Order Filing 20 CERTIFICATE OF SERVICE filed by Covestro LLC for Responses to Plaintiff's First Set of Requests for Admission, Interrogatories and Requests for Production of Documents (Fox, Jan)
October 3, 2016 Opinion or Order Filing 19 JOINT MOTION by Martin Powers, Covestro LLC, Randy Hively to Extend Deadline for Expert Disclosures re: #10 Scheduling Order (Glazer, Hoyt) (Modified on 10/3/2016 to add party filers) (skh).
September 30, 2016 Opinion or Order Filing 18 JOINT STIPULATION TO EXTEND DEADLINE for Discovery Responses to October 14, 2016 by Covestro LLC, Randy Hively, Martin Powers (Fox, Jan) (Modified on 9/30/2016 to add party filer) (skh).
September 27, 2016 Opinion or Order Filing 17 ORDER granting the #16 MOTION to Substitute Name of Defendant Bayer Materialscience LLC for Covestro LLC. Signed by Judge Joseph R. Goodwin on 9/27/2016. (cc: counsel of record; any unrepresented party) (taq)
September 25, 2016 Opinion or Order Filing 16 MOTION by Bayer Material Science, LLC, Randy Hively to Substitute Name of Defendant Bayer Material Science, LLC for Covestro LLC Pursuant to Rule 25(c) of the Federal Rules of Civil Procedure (Attachment: #1 Exhibit 1)(Fox, Jan)
September 25, 2016 Opinion or Order Filing 15 PROPOSED ORDER Protective Order by Bayer Corporation, Inc., Bayer Material Science, Bayer Material Science, LLC, Randy Hively, Martin Powers (Fox, Jan) (Modified on 9/25/2016 to add party filer) (skh).
August 29, 2016 Opinion or Order Filing 14 CERTIFICATE OF SERVICE filed by Martin Powers for First Set of Requests for Admission, Interrogatories and Requests for Production to Defendant Randy Hively (Glazer, Hoyt)
August 29, 2016 Opinion or Order Filing 13 CERTIFICATE OF SERVICE filed by Martin Powers for First Set of Requests for Admission, Interrogatories and Requests for Production to Defendant Bayer (Glazer, Hoyt)
August 29, 2016 Opinion or Order Filing 12 CERTIFICATE OF SERVICE by Martin Powers for Rule 26(a)(1) Initial Disclosures. (Glazer, Hoyt)
August 24, 2016 Opinion or Order Filing 11 CERTIFICATE OF SERVICE by Bayer Corporation, Inc., Bayer Material Science, Bayer Material Science, LLC, Randy Hively for Rule 26(a)(1) Initial Disclosures. (Fox, Jan)
July 28, 2016 Opinion or Order Filing 10 SCHEDULING ORDER: The scheduling conference scheduled for 8/10/2016 is cancelled; directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 9/30/2016. Discovery requests to be completed by 12/16/2016. Expert Witness List by parties bearing the burden of proof due by 10/16/2016, by party not bearing burden of proof due by 11/16/2016, and to solely contradict or rebut evidence due by 12/1/2016. Deposition deadline and close of discovery by 1/16/2017. Dispositive Motions except those filed under Rule 12(b) due by 2/3/2017, with responses due by 2/17/2017 and replies due by 2/24/2017. Hearing on Motions for Summary Judgment set for 3/16/2017 at 10:00 AM in Charleston. Settlement Meeting to be held by 1/30/2017. Motions in Limine to be filed by 4/17/2017, with responses due by 4/24/2017. Plaintiff's portion of proposed Pretrial Order to defendants due by 4/12/2017, and Proposed Integrated Pretrial Order due by 4/19/2017. Pretrial Conference set for 4/24/2017 at 10:00 AM in Charleston. Proposed Jury Charge due by 5/8/2017. Final Settlement Conference at 09:00 AM on 5/15/2017 in Charleston. Jury Trial set for 5/16/2017 at 08:30 AM in Charleston before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 7/28/2016. (cc: counsel of record; any unrepresented parties) (taq)
July 27, 2016 Opinion or Order Filing 9 RULE 26(f) REPORT OF PLANNING MEETING by Bayer Material Science, LLC, Randy Hively, Martin Powers. (Fox, Jan) (Modified on 7/27/2016 to add party filer) (skh).
June 20, 2016 Opinion or Order Filing 8 ORDER AND NOTICE: Rule 12(b) Motions 7/11/2016. Rule 26(f) Meeting 7/20/2016. Last day to file report of Rule 26(f) Meeting 7/27/2016. Scheduling Conference at 09:00 AM on 8/10/2016 in Charleston. Entry of Scheduling Order 8/15/2016. Last Day to make Rule 26(a)(1) disclosures 8/24/2016. Signed by Judge Joseph R. Goodwin on 6/20/2016. (cc: counsel of record; any unrepresented parties) (kll)
June 15, 2016 Opinion or Order Filing 7 ANSWER TO AMENDED COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Bayer Material Science, LLC.(Fox, Jan) (Modified on 6/15/2016 to add link to #1 notice of removal) (skh).
June 15, 2016 Opinion or Order Filing 6 ANSWER TO AMENDED COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Randy Hively.(Fox, Jan) (Modified on 6/15/2016 to add link to #1 notice of removal) (skh).
June 13, 2016 Opinion or Order Filing 5 NOTICE OF DEPOSITION by Martin Powers of Danny Pritt on June 20, 2016 at 11:00 AM (Attachment: #1 Certificate of Service)(Glazer, Hoyt)
June 13, 2016 Opinion or Order Filing 4 NOTICE OF DEPOSITION by Martin Powers of Chris Hoskins on June 20, 2016 at 3:00 PM (Attachment: #1 Certificate of Service)(Glazer, Hoyt)
June 13, 2016 Opinion or Order Filing 3 NOTICE OF VIDEO DEPOSITION by Martin Powers of Randy Hively on June 21, 2016 at 10:00 AM (Attachment: #1 Certificate of Service)(Glazer, Hoyt)
June 10, 2016 Opinion or Order CASE assigned to Judge Joseph R. Goodwin. (skh)
June 10, 2016 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 Tinsley. (cc:attys; any unrepresented party) (bdr)
June 10, 2016 Opinion or Order Filing 1 NOTICE OF REMOVAL by Randy Hively, Bayer Material Science, LLC with amended complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $400.00. Receipt #0425-4650662. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (bdr)

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Search for this case: Powers v. Covestro LLC et al
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Defendant: Bayer Material Science, LLC
Represented By: Jan L. Fox
Represented By: Mark C. Dean
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Defendant: Covestro LLC
Represented By: Jan L. Fox
Represented By: Mark C. Dean
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Defendant: Bayer Corporation, Inc.
Represented By: Jan L. Fox
Represented By: Mark C. Dean
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Defendant: Randy Hively
Represented By: Jan L. Fox
Represented By: Mark C. Dean
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Plaintiff: Powers
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Plaintiff: Martin Powers
Represented By: Hoyt E. Glazer
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