McDowell et al v. Allstate Vehicle and Property Insurance Company et al
| Damon McDowell, Deeanna Rae Lawson and Mary McDowell |
| Allstate Vehicle and Property Insurance Company, Allstate and Patrick O. Hambrick, Jr. |
| 2:2019cv00746 |
| October 11, 2019 |
| US District Court for the Southern District of West Virginia |
| Joseph R Goodwin |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Filing 27
SCHEDULING ORDER directing that the scheduling conference previously scheduled for 12/9/2019 is cancelled and that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 1/9/2020. Discovery requests to be completed by 7/14/2020. Expert Witness List by parties bearing the burden of proof due by 6/29/2020, by party not bearing burden of proof due by 7/29/2020, and to solely contradict or rebut evidence due by 8/14/2020. Deposition deadline and close of discovery by 8/28/2020. Dispositive Motions except those filed under Rule 12(b) due by 9/17/2020, with responses due by 10/1/2020, and replies due by 10/8/2020. Hearing on Motions for Summary Judgment set for 11/9/2020 at 10:00 AM in Charleston before Judge Joseph R. Goodwin. Settlement Meeting to be held by 11/18/2020. Motions in Limine to be filed by 11/25/2020, with responses due by 12/2/2020. Plaintiffs portion of proposed Pretrial Order to defendants due by 11/23/2020, Integrated Pretrial Order due by 11/30/2020. Pretrial Conference set for 12/17/2020 at 10:00 AM in Charleston before Judge Joseph R. Goodwin. Proposed jury instructions due by 1/19/2021. Final Settlement Conference at 9:00 AM on 1/25/2021 in Charleston. Trial set for 1/26/2021 at 8:30 AM in Charleston before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 11/25/2019. (cc: counsel of record; any unrepresented parties) (kew)
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| Filing 26 RULE 26(f) REPORT OF PLANNING MEETING by Allstate Vehicle and Property Insurance Company, Patrick O. Hambrick, Jr., Damon McDowell, Mary McDowell, Deeanna Rae Lawson. (Kesner, Brent) (Modified on 11/22/2019 to add party filers) (kew). |
| Filing 25 MEMORANDUM IN REPLY by Deeanna Rae Lawson, Mary McDowell, Deeanna Rae Lawson to #17 Response In Opposition. (Conrad, Erwin) (Modified on 11/14/2019 to add party filers) (kew). |
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Filing 24
ORDER granting the #12 Motion for Protective Order, as more fully set forth herein. Signed by Magistrate Judge Omar J. Aboulhosn on 11/12/2019. (cc: counsel of record) (kew)
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| Filing 23 CLERK'S ORDER. For reasons appearing to the court, the referral of this civil action for discovery matters is transferred from Magistrate Judge Dwane L. Tinsley to Magistrate Judge Aboulhosn. Signed by Clerk of Court Rory L. Perry II on 11/12/2019. (cc: Magistrate Judge Tinsley; Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (klc) |
| Filing 22 REPLY by Patrick O. Hambrick, Jr. to #18 Response In Opposition. (Kesner, Brent) |
| Filing 21 REPLY by Allstate Vehicle and Property Insurance Company to #16 Memorandum In Opposition. (Kesner, Brent) |
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Filing 20
ORDER directing this matter be transferred to Rory L. Perry II, Clerk of Court, for reassignment to the Honorable Omar J. Aboulhosn. Signed by Magistrate Judge Dwane L. Tinsley on 11/12/2019. (cc: counsel of record; any unrepresented party) (ts)
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| Filing 19 MEMORANDUM by Deeanna Rae Lawson, Damon McDowell, Mary McDowell in opposition to #12 MOTION by Allstate Vehicle and Property Insurance Company for Protective Order (Conrad, Erwin) |
| Filing 18 RESPONSE by Deeanna Rae Lawson, Damon McDowell, Mary McDowell in opposition to #4 MOTION by Patrick O. Hambrick, Jr. to Dismiss Complaint. (Conrad, Erwin) |
| Filing 17 RESPONSE by Allstate Vehicle and Property Insurance Company, Patrick O. Hambrick, Jr in opposition to #9 MOTION by Deeanna Rae Lawson, Damon McDowell, Mary McDowell to Remand Case to Circuit Court of Fayette County (Kesner, Brent) |
| Filing 16 MEMORANDUM by Deeanna Rae Lawson, Damon McDowell, Mary McDowell in opposition to #6 MOTION by Allstate Vehicle and Property Insurance Company to Dismiss Count II of the Complaint (Conrad, Erwin) |
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Filing 15
ORDER directing any response to #12 Motion by Allstate Vehicle and Property Insurance Company for Protective Order be filed on or before 11/08/2019. Signed by Magistrate Judge Dwane L. Tinsley on 11/4/2019. (cc: counsel of record; any unrepresented party) (ts)
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| MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: #12 MOTION by Allstate Vehicle and Property Insurance Company for Protective Order. (kew) |
| Filing 14 CERTIFICATE OF SERVICE by Allstate Vehicle and Property Insurance Company for Responses to Plaintiffs' First Request for Admissions and Request for Production. (Kesner, Brent) |
| Filing 13 MEMORANDUM by Allstate Vehicle and Property Insurance Company in support of #12 MOTION by Allstate Vehicle and Property Insurance Company for Protective Order (Kesner, Brent) |
| Filing 12 MOTION by Allstate Vehicle and Property Insurance Company for Protective Order (Attachments: #1 Exhibit A, #2 Exhibit B)(Kesner, Brent) |
| Filing 11 SPECIAL APPEARANCE TO ANSWER/REPLY to #8 Counterclaim by Deeanna Rae Lawson, Damon McDowell, Mary McDowell. (Attachments: #1 Exhibit A, #2 Exhibit B)(Conrad, Erwin) |
| Filing 10 AMENDMENT TO MEMORANDUM OF LAW by Deeanna Rae Lawson, Deeanna Rae Lawson, Damon McDowell, Mary McDowell, Mary McDowell in support of #9 MOTION by Deeanna Rae Lawson, Damon McDowell, Mary McDowell to Remand Case to Circuit Court of Fayette County (Conrad, Erwin) |
| Filing 9 MOTION by Deeanna Rae Lawson, Damon McDowell, Mary McDowell to Remand Case to Circuit Court of Fayette County and Memorandum In Support. (Conrad, Erwin) |
| Filing 8 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Allstate Vehicle and Property Insurance Company and COUNTERCLAIM by Allstate Vehicle and Property Insurance Company against Damon McDowell, Mary McDowell, Deeanna Rae Lawson. (Kesner, Brent) (Modified on 10/21/2019 to add link to #1 notice of removal and to add jury demand) (kew). |
| Filing 7 MEMORANDUM OF LAW by Allstate Vehicle and Property Insurance Company in support of #6 MOTION by Allstate Vehicle and Property Insurance Company to Dismiss Count II of the Complaint. (Kesner, Brent) |
| Filing 6 MOTION by Allstate Vehicle and Property Insurance Company to Dismiss Count II of the Complaint Attached to #1 Notice of Removal. (Kesner, Brent) (Modified on 10/21/2019 to add link to #1 notice of removal) (kew). |
| Filing 5 MEMORANDUM OF LAW by Patrick O. Hambrick, Jr. in support of #4 MOTION by Patrick O. Hambrick, Jr. to Dismiss Complaint. (Kesner, Brent) |
| Filing 4 MOTION by Patrick O. Hambrick, Jr. to Dismiss Complaint Attached to #1 Notice of Removal. (Kesner, Brent) (Modified on 10/17/2019 to add link to #1 notice of removal) (kew). |
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Filing 3
ORDER AND NOTICE: Rule 12(b) Motions 11/7/2019. Rule 26(f) Meeting 11/18/2019. Last day to file report of Rule 26(f) Meeting 11/25/2019. Scheduling Conference at 09:00 AM on 12/9/2019 in Charleston. Entry of Scheduling Order 12/16/2019. Last Day to make Rule 26(a)(1) disclosures 12/23/2019 Signed by Judge Joseph R. Goodwin on 10/17/2019. (cc:attys; any unrepresented party) (lca)
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| 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) (ts) |
| CASE assigned to Judge Joseph R. Goodwin. (klc) |
| Filing 1 NOTICE OF REMOVAL by Patrick O. Hambrick, Jr., Allstate Vehicle and Property Insurance Company with summons, complaint, consent and docket sheet from Circuit Court of Fayette County. Filing Fee $400.00. Receipt #AWVSDC-7412141. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit B continued, #5 Exhibit B continued, #6 Exhibit B continued, #7 Exhibit B continued, #8 Exhibit B continued). (tmr) |
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