Balderson v. Lincare Inc.
Plaintiff: Chandra Balderson
Defendant: Lincare Inc.
Case Number: 2:2019cv00666
Filed: September 16, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Thomas E Johnston
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2019 Opinion or Order Filing 21 AMENDED NOTICE OF DEPOSITION by Lincare Inc. of Chandra Balderson on 12/03/2019 at 10:00 a.m. (Kowalkowski, Sarah)
October 30, 2019 Opinion or Order Filing 20 SCHEDULING ORDER: The Scheduling Conference previously scheduled for 11/01/2019 is CANCELED. This case shall proceed as follows: Joinder of Parties, amended pleadings due by 12/2/2019. Discovery requests to be completed by 5/15/2020. Expert Witness List by parties bearing the burden of proof due by 4/10/2020, by party not bearing burden of proof due by 5/11/2020, and to solely contradict or rebut evidence due by 6/5/2020. Discovery to close by 6/29/2020. Dispositive Motions except those filed under Rule 12(b) due by 7/20/2020, with responses due by 8/3/2020, and replies due by 8/10/2020. Settlement Meeting to be held by 9/21/2020. Motions in Limine to be filed by 9/28/2020, with responses due by 10/05/2020. Plaintiffs portion of proposed Pretrial Order to defendants due by 9/23/2020, Integrated Pretrial Order by 9/30/2020. Pretrial Conference set for 10/15/2020 at 10:00 AM before Judge Thomas E. Johnston. Proposed jury charge by 10/20/2020. Final Settlement Conference at 10:00 AM on 10/15/2020. Trial set for 10/27/2020 at 9:00 AM before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 10/30/2019. (cc: counsel of record; any unrepresented party) (ts)
October 29, 2019 Opinion or Order Filing 19 NOTICE OF DEPOSITION by Lincare Inc. of Chandra Balderson on 12/03/2019 at 9:00 a.m. (Iskra, Eric)
October 28, 2019 Opinion or Order Filing 18 PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Dwane L. Tinsley on 10/28/2019. (cc: counsel of record; any unrepresented party) (kew)
October 28, 2019 Opinion or Order Filing 17 AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(d) the Court orders, under Federal Rule of Evidence 502(d), and with the consent of the Parties, as directed and set forth more fully herein. Signed by Magistrate Judge Dwane L. Tinsley on 10/28/2019. (cc: counsel of record; any unrepresented party) (kew)
October 28, 2019 Opinion or Order Filing 16 AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(d) the Court orders, under Federal Rule of Evidence 502(d), and with the consent of the Parties, as directed and set forth more fully herein. Signed by Magistrate Judge Dwane L. Tinsley on 10/28/2019. (cc: counsel of record; any unrepresented party) (kew)
October 28, 2019 Opinion or Order Filing 15 CERTIFICATE OF SERVICE by Chandra Balderson for First Set of Combined Discovery to Defendant. (Capito, Katherine)
October 25, 2019 Opinion or Order Filing 14 PROPOSED ORDER Agreed Order Governing the Inadvertent Disclosure of Documents or Other Material Under Rule 502(d) by Lincare Inc. (Iskra, Eric)
October 25, 2019 Opinion or Order Filing 13 PROPOSED ORDER Order Governing The Inadvertent Disclosure of Documents or Other Material Under Rule 502(b) by Lincare Inc. (Iskra, Eric)
October 25, 2019 Opinion or Order Filing 12 PROPOSED ORDER Protective Order by Lincare Inc., Chandra Balderson. (Iskra, Eric) (Modified on 10/28/2019 to add party filer) (kew).
October 25, 2019 Opinion or Order Filing 11 RULE 26(f) REPORT OF PLANNING MEETING by Lincare Inc., Chandra Balderson. (Iskra, Eric) (Modified on 10/28/2019 to add party filer) (kew).
October 22, 2019 Opinion or Order Filing 10 CERTIFICATE OF SERVICE by Lincare Inc. for First Set of Interrogatories and Requests for Production of Documents to Plaintiff. (Kowalkowski, Sarah)
October 15, 2019 Opinion or Order Filing 9 REPLY by Lincare Inc. to #8 Response In Opposition. (Iskra, Eric)
October 7, 2019 Opinion or Order Filing 8 RESPONSE by Chandra Balderson in opposition to #5 MOTION by Lincare Inc. to Dismiss Complaint Attached to #1 Notice of Removal and Motion to Strike Jury Demand. (Attachment: #1 Affidavit of Chandra Balderson)(Capito, Katherine)
September 26, 2019 Opinion or Order Filing 7 ORDER AND NOTICE: Rule 12(b) Motions 10/7/2019. Rule 26(f) Meeting 10/21/2019. Last day to file report of Rule 26(f) Meeting 10/28/2019. Telephonic Scheduling Conference at 10:30 AM on 11/1/2019. Entry of Scheduling Order 11/6/2019. Last Day to make Rule 26(a)(1) disclosures 11/15/2019. Signed by Judge Thomas E. Johnston on 9/26/2019. (cc: counsel of record; any unrepresented party) (kew)
September 23, 2019 Opinion or Order Filing 6 MEMORANDUM OF LAW by Lincare Inc. in support of #5 MOTION by Lincare Inc. to Dismiss Complaint Attached to #1 Notice of Removal and Motion to Strike Jury Demand. (Iskra, Eric)
September 23, 2019 Opinion or Order Filing 5 MOTION by Lincare Inc. to Dismiss Complaint Attached to #1 Notice of Removal and Motion to Strike Jury Demand. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Iskra, Eric) (Modified on 9/24/2019 to add link to #1 notice of removal) (kew).
September 23, 2019 Opinion or Order Filing 4 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Lincare Inc. (Iskra, Eric)
September 19, 2019 Opinion or Order Filing 3 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Lincare Inc. (Iskra, Eric)
September 17, 2019 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) (mms)
September 16, 2019 Opinion or Order CASE assigned to Chief Judge Thomas E. Johnston. (klc)
September 16, 2019 Opinion or Order Filing 1 NOTICE OF REMOVAL by Lincare Inc. with summons, complaint, and docket sheet from Circuit Court of Wood County. Filing Fee $400.00. Receipt #AWVSDC-7383223. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (mms)

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Defendant: Lincare Inc.
Represented By: Sarah E. Kowalkowski
Represented By: Eric W. Iskra
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Plaintiff: Chandra Balderson
Represented By: Katherine B. Capito
Represented By: Andrew C. Robey
Represented By: Michael B. Hissam
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