Miller et al v. Kanawha River Railroad, L.L.C., et al
Plaintiff: Vernon Miller, Jr. and Cora Miller
Defendant: Kanawha River Railroad, L.L.C. and Norfolk Southern Railway Company
Case Number: 2:2018cv01367
Filed: October 18, 2018
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Joseph R Goodwin
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 14, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2018 Opinion or Order Filing 17 PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Dwane L. Tinsley on 12/14/2018. (cc: counsel of record; any unrepresented party) (kp)
December 14, 2018 Opinion or Order Filing 16 AGREED ORDER SETTING DEPOSITION PROTOCOL the parties have agreed to a protocol governing the taking of depositions in this case; directing, as set forth more fully, that the following protocol shall be followed with all depositions conducted herein. Signed by Magistrate Judge Dwane L. Tinsley on 12/14/2018. (cc: counsel of record) (kp)
December 14, 2018 Opinion or Order Filing 15 ORDER granting #10 JOINT MOTION by Norfolk Southern Railway Company, Vernon Miller, Jr., Cora Miller, Kanawha River Railroad, L.L.C. for Entry of Standard Court Orders. Signed by Magistrate Judge Dwane L. Tinsley on 12/14/2018. (cc: counsel of record; any unrepresented party) (kp)
December 14, 2018 Opinion or Order Filing 14 AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(d) pursuant to Federal Rule of Evidence 502(d) and the agreement of the parties, directing as more fully set forth herein that the following procedures shall govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Dwane L. Tinsley on 12/14/2018. (cc: counsel of record; any unrepresented party) (kp)
December 13, 2018 Opinion or Order Filing 13 MEMORANDUM OPINION AND ORDER denying #6 MOTION by Cora Miller, Vernon Miller, Jr. to Remand. Signed by Judge Joseph R. Goodwin on 12/13/2018. (cc: counsel of record; any unrepresented party) (taq)
December 4, 2018 Opinion or Order Filing 12 SCHEDULING ORDER: The scheduling conference scheduled for 12/17/2018 is cancelled; directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 1/4/2019. Discovery requests to be completed by 9/13/2019. Expert Witness List by parties bearing the burden of proof due by 8/29/2019, by party not bearing burden of proof due by 9/30/2019, and to solely contradict or rebut evidence due by 10/15/2019. Deposition deadline and close of discovery by 10/28/2019. Dispositive Motions except those filed under Rule 12(b) due by 11/18/2019, with responses due by 12/2/2019 and replies due by 12/9/2019. Hearing on Motions for Summary Judgment set for 1/9/2020 at 10:00 a.m. in Charleston. Settlement meeting and mediation deadline by 1/20/2020. Motions in Limine to be filed by 1/27/2020, with responses due by 2/3/2020. Plaintiffs' portion of proposed Pretrial Order to defendants due by 1/22/2020, and Proposed Integrated Pretrial Order due by 1/29/2020. Pretrial Conference set for 2/3/2020 at 10:00 a.m. in Charleston. Proposed Jury Charges due by 2/17/2020. Final Settlement Conference at 9:00 a.m. on 2/24/2020 in Charleston. Trial set for 2/25/2020 at 8:30 a.m. in Charleston before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 12/4/2018. (cc: counsel of record; any unrepresented parties) (taq)
December 3, 2018 MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: #10 JOINT MOTION by Norfolk Southern Railway Company, Vernon Miller, Jr., Cora Miller, Kanawha River Railroad, L.L.C. for Entry of Standard Court Orders. (ts)
December 3, 2018 Filing 11 REPLY by Cora Miller, Vernon Miller, Jr to #8 Response In Opposition. (Broadwater, Steven)
December 3, 2018 Filing 10 JOINT MOTION by Norfolk Southern Railway Company, Vernon Miller, Jr., Cora Miller, Kanawha River Railroad, L.L.C. for Entry of Standard Court Orders (Attachments: #1 Proposed Order A, #2 Proposed Order B, #3 Proposed Order C)(Lockhart, T.) (Modified on 12/3/2018 to add party filers)(ts).
December 3, 2018 Filing 9 RULE 26(f) REPORT OF PLANNING MEETING by Norfolk Southern Railway Company, Vernon Miller, Jr., Cora Miller, Kanawha River Railroad, L.L.C. (Lockhart, T.) (Modified on 12/3/2018 to add party filers) (ts).
November 26, 2018 Filing 8 JOINT RESPONSE by Norfolk Southern Railway Company, Kanawha River Railroad, L.L.C. in opposition to #6 MOTION by Cora Miller, Vernon Miller, Jr. to Remand Case to Circuit Court of Fayette County (Lockhart, T.) (Modified on 11/26/2018 to remove link to #7 memorandum and to add party filer) (kp).
November 16, 2018 Filing 7 MEMORANDUM OF LAW by Cora Miller, Vernon Miller, Jr in support of #6 MOTION by Cora Miller, Vernon Miller, Jr. to Remand Case to Circuit Court of Fayette County (Burgess, Kevin)
November 16, 2018 Filing 6 MOTION by Cora Miller, Vernon Miller, Jr. to Remand Case to Circuit Court of Fayette County (Burgess, Kevin)
October 24, 2018 Filing 5 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Norfolk Southern Railway Company. (Konrad, Angela) (Modified on 10/24/2018 to add link to #1 notice of removal) (kp).
October 23, 2018 Opinion or Order Filing 4 ORDER AND NOTICE: Rule 12(b) Motions 11/13/2018. Rule 26(f) Meeting 11/26/2018. Last day to file report of Rule 26(f) Meeting 12/3/2018. Scheduling Conference at 9:00 a.m. on 12/17/2018 in Charleston. Entry of Scheduling Order 12/24/2018. Last Day to make Rule 26(a)(1) disclosures 12/31/2018. Signed by Judge Joseph R. Goodwin on 10/23/2018. (cc: counsel of record; any unrepresented parties) (taq)
October 23, 2018 Filing 3 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Kanawha River Railroad, L.L.C. (Bolen, J.) (Modified on 10/24/2018 to add link to #1 notice of removal) (kp).
October 19, 2018 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) (lca)
October 18, 2018 CASE assigned to Judge Joseph R. Goodwin. (klc)
October 18, 2018 Filing 1 NOTICE OF REMOVAL by Norfolk Southern Railway Company with summons, complaint and docket sheet from Circuit Court of Fayette County. Filing Fee $400.00. Receipt #AWVSDC-6865664. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (lca)

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Plaintiff: Vernon Miller, Jr.
Represented By: Kevin B. Burgess
Represented By: Steven R. Broadwater, Jr.
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Plaintiff: Cora Miller
Represented By: Kevin B. Burgess
Represented By: Steven R. Broadwater, Jr.
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Defendant: Kanawha River Railroad, L.L.C.
Represented By: Ellen M. Jones
Represented By: J. David Bolen
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Defendant: Norfolk Southern Railway Company
Represented By: Angela W. Konrad
Represented By: T. Matthew Lockhart
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