Trautwein v. Lear Capital, Inc. et al

Plaintiff: Gary Trautwein
Defendant: Lear Capital, Inc. and Strata Trust Company
Case Number: 2:2019cv00412
Filed: May 28, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Thomas E Johnston
Nature of Suit: Other Fraud
Cause of Action: 28:1441
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on July 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 19, 2019 Filing 19 NOTICE OF SETTLEMENT by Gary Trautwein (Masters, Marvin)
July 18, 2019 Opinion or Order Filing 18 SCHEDULING ORDER directing that the Scheduling Conference previously scheduled for 7/19/2019, is CANCELED. This case shall proceed as follows: Joinder of Parties, amended pleadings due by 9/17/2019. Discovery requests to be completed by 3/20/2020. Expert Witness List by parties bearing the burden of proof due by 3/4/2020, by party not bearing burden of proof due by 4/3/2020, and to solely contradict or rebut evidence due by 4/20/2020. Discovery to close by 5/4/2020. Dispositive Motions except those filed under Rule 12(b) due by 5/25/2020, with responses due by 6/8/2020, and replies due by 6/15/2020. Settlement Meeting to be held by 7/27/2020. Motions in Limine to be filed by 8/3/2020, with responses due by 8/10/2020. Plaintiffs portion of proposed Pretrial Order to defendants due by 7/29/2020, Integrated Pretrial Order by 8/3/2020. Pretrial Conference set for 8/6/2020 at 10:00 AM in Charleston before Judge Thomas E. Johnston. Proposed jury charge due by by 8/11/2020. Final Settlement Conference at 10:00 AM on 8/6/2020 in Charleston. Trial set for 8/18/2020 at 9:00 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 7/18/2019. (cc: counsel of record; any unrepresented party) (kew)
July 15, 2019 MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: #15 MOTION by Gary Trautwein to Conduct Discovery. (kew)
July 15, 2019 Filing 17 STIPULATION ENLARGING TIME FOR LEAR CAPITAL, INC. TO FILE REPLY IN SUPPORT OF #7 Motion to Dismiss Amended Complaint or Stay Case Pending Arbitration to 7/23/2019 by Lear Capital, Inc., Gary Trautwein. (Wakefield, Jeffrey) (Modified on 7/16/2019 to add link to #7 motion and to add party filer) (kew).
July 15, 2019 Filing 16 RULE 26(f) REPORT OF PLANNING MEETING by Lear Capital, Inc., Gary Trautwein. (Wakefield, Jeffrey) (Modified on 7/16/2019 to add party filer) (kew).
July 15, 2019 Filing 15 MOTION by Gary Trautwein to Conduct Discovery (Masters, Marvin)
July 9, 2019 Filing 14 RESPONSE by Gary Trautwein in opposition to #7 MOTION by Lear Capital, Inc. to Dismiss Amended Complaint Attached to #1 Notice of Removal or Stay Case Pending Arbitration (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Affidavit of Marvin W. Masters)(Masters, Marvin) (Modified on 7/10/2019 to remove link to #8 memorandum) (kew).
July 8, 2019 Filing 13 NOTICE OF PARTIAL SETTLEMENT by Strata Trust Company. (Sleeker, Katherine)
July 8, 2019 Filing 12 STIPULATION REGARDING RESPONSE TO #7 MOTION by Lear Capital, Inc. to Dismiss Amended Complaint Attached to #1 Notice of Removal or Stay Case Pending Arbitration by Gary Trautwein, Lear Capital, Inc. (Masters, Marvin) (Modified on 7/9/2019 to remove link to #10 motion and to add party filer) (kew).
June 24, 2019 Filing 11 MEMORANDUM OF LAW by Strata Trust Company in support of #10 MOTION by Strata Trust Company to Dismiss Amended Complaint. (Attachments: #1 Declaration, #2 Exhibit 1)(Sleeker, Katherine)
June 24, 2019 Filing 10 MOTION by Strata Trust Company to Dismiss Amended Complaint Attached to #1 Notice of Removal. (Sleeker, Katherine) (Modified on 6/25/2019 to add link to #1 notice of removal) (kew).
June 24, 2019 Filing 9 FILING by Strata Trust Company in support of #7 MOTION by Lear Capital, Inc. to Dismiss Amended Complaint Attached to #1 Notice of Removal or Stay Case Pending Arbitration. (Sleeker, Katherine)
June 24, 2019 Filing 8 MEMORANDUM OF LAW by Lear Capital, Inc. in support of #7 MOTION by Lear Capital, Inc. to Dismiss Amended Complaint Attached to #1 Notice of Removal or Stay Case Pending Arbitration (Wakefield, Jeffrey)
June 24, 2019 Filing 7 MOTION by Lear Capital, Inc. to Dismiss Amended Complaint Attached to #1 Notice of Removal or Stay Case Pending Arbitration. (Attachment: #1 Declaration of K. DeMeritt) (Wakefield, Jeffrey) (Modified on 6/25/2019 to add link to #1 notice of removal) (kew).
June 10, 2019 Opinion or Order Filing 6 ORDER AND NOTICE: Rule 12(b) Motions 6/24/2019. Rule 26(f) Meeting 7/8/2019. Last day to file report of Rule 26(f) Meeting 7/15/2019. Scheduling Conference at 3:30 PM on 7/19/2019 in Charleston. Entry of Scheduling Order 7/2/2019. Last Day to make Rule 26(a)(1) disclosures 8/2/2019. Signed by Judge Thomas E. Johnston on 6/10/2019. (cc: counsel of record; any unrepresented party) (ts)
May 31, 2019 SET ANSWER DEADLINES for Lear Capital, Inc. and Strata Trust Company to 7/1/2019. (kew)
May 31, 2019 Filing 5 STIPULATION ENLARGING TIME TO RESPOND TO ANSWER OR OTHERWISE RESPOND TO AMENDED COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL to 07/01/2019 by Lear Capital, Inc., Gary Trautwein, Strata Trust Company. (Wakefield, Jeffrey) (Modified on 5/31/2019 to add link to #1 notice of removal and to add party filers) (kew).
May 30, 2019 Filing 4 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Lear Capital, Inc. (Wakefield, Jeffrey)
May 30, 2019 Filing 3 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Strata Trust Company (Sleeker, Katherine)
May 29, 2019 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) (kew)
May 28, 2019 CASE assigned to Chief Judge Thomas E. Johnston. (klc)
May 28, 2019 Filing 1 NOTICE OF REMOVAL by Strata Trust Company, Lear Capital, Inc. with summons, complaint, amended complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $400.00. Receipt #AWVSDC-7255152. (Attachments: #1 Exhibit A, #2 Exhibit B) (kew)

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Defendant: Lear Capital, Inc.
Represented By: Katherine L. Sleeker
Represented By: Jeffrey M. Wakefield
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Defendant: Strata Trust Company
Represented By: Katherine L. Sleeker
Represented By: Jeffrey M. Wakefield
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Plaintiff: Gary Trautwein
Represented By: Marvin W. Masters
Represented By: April D. Ferrebee
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