McDonald v. Altice Technical Services US Corp. et al
Plaintiff: John C. McDonald
Defendant: Suddenlink Communications, Duska Arbaugh, Altice Technical Services US LLC, Joshua Hypes, John Morr, Altice USA, Inc., Altice Technical Services US, LLC, Universal Cable Holdings, Inc., Altice Technical Services US Corp. and Larry Hoyle
Case Number: 2:2019cv00784
Filed: October 25, 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
Docket Report

This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2019 Filing 33 RESPONSE by Altice Technical Services US, LLC, Duska Arbaugh, Larry Hoyle, Joshua Hypes in opposition to #28 MOTION by John C. McDonald to Amend Complaint (Harrison, Justin)
December 16, 2019 Filing 32 CERTIFICATE OF SERVICE by John C. McDonald for Re-Served First Set of Interrogatories and First Set of Requests for Production of Documents. (Anderson, Clayton)
December 13, 2019 Filing 31 REPLY by John C. McDonald to #24 Response In Opposition. (Anderson, Clayton) Modified on 12/16/2019 (kew).
December 12, 2019 Opinion or Order Filing 30 SCHEDULING ORDER directing that the Scheduling Conference previously scheduled for 12/13/2019 is CANCELED and that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 2/20/2020. Discovery requests to be completed by 7/27/2020. Expert Witness List by parties bearing the burden of proof due by 7/13/2020, by party not bearing burden of proof due by 8/12/2020, and to solely contradict or rebut evidence due by 8/28/2020. Discovery to close by 9/11/2020. Dispositive Motions except those filed under Rule 12(b) due by 10/1/2020, with responses due by 10/15/2020, and replies due by 10/22/2020. Settlement Meeting to be held by 12/2/2020. Motions in Limine to be filed by 12/9/2020, with responses due by 12/16/2020. Plaintiffs portion of proposed Pretrial Order to defendants due by 12/7/2020, Integrated Pretrial Order by 12/14/2020. Pretrial Conference set for 1/13/2021 at 10:00 AM in Charleston before Judge Thomas E. Johnston. Proposed jury charge due by 1/19/2021. Final Settlement Conference at 10:00 AM on 1/13/2021 in Charleston. Trial set for 1/26/2021 at 9:00 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 12/12/2019. (cc: counsel of record; any unrepresented party) (kew)
December 10, 2019 Filing 29 MEMORANDUM by John C. McDonald in support of #28 MOTION by John C. McDonald to Amend Complaint. (Anderson, Clayton)
December 10, 2019 Filing 28 MOTION by John C. McDonald to Amend Complaint Attached to #1 Notice of Removal. (Attachments: #1 Exhibit A, #2 Exhibit B)(Anderson, Clayton) (Modified on 12/11/2019 to add link to #1 notice of removal) (kew).
December 9, 2019 Filing 27 REPLY by Altice Technical Services US, LLC, Duska Arbaugh, Larry Hoyle, Joshua Hypes, Altice Technical Services US Corp., Altice USA, Inc. to #19 Response In Opposition. (Harrison, Justin) (Modified on 12/10/2019 to correct link and to add party filers) (kew).
December 9, 2019 Filing 26 RULE 26(f) REPORT OF PLANNING MEETING by Altice Technical Services US, LLC, Duska Arbaugh, Larry Hoyle, Joshua Hypes, Altice Technical Services US Corp., Altice USA, Inc., John C. McDonald. (Harrison, Justin) (Modified on 12/10/2019 to add party filers) (kew).
December 9, 2019 Opinion or Order Filing 25 ORDER The #13 Motion to Defer Consideration and Resolution of Defendants' Motion to Dismiss Pending Resolution of Forthcoming Motion to Remand is DENIED and the #17 Motion for Extension of Time to File Responsive Pleading to #9 Motion to Dismiss Complaint is DENIED as moot. Signed by Judge Thomas E. Johnston on 12/9/2019. (cc: counsel of record; any unrepresented party) (kew)
December 6, 2019 Filing 24 RESPONSE by Altice Technical Services US, LLC, Duska Arbaugh, Larry Hoyle, Joshua Hypes in opposition to #14 MOTION by John C. McDonald to Remand Case to Circuit Court of Kanawha County (Attachments: #1 Exhibit A, #2 Exhibit B)(Harrison, Justin)
December 6, 2019 Filing 23 RESPONSE by Altice Technical Services US, LLC, Duska Arbaugh, Larry Hoyle, Joshua Hypes in opposition to #16 MOTION by John C. McDonald to Strike Complaint. (Attachment: #1 Exhibit A)(Harrison, Justin)
December 6, 2019 Filing 22 CONSENT FOR REMOVAL by Joshua Hypes (Harrison, Justin)
December 6, 2019 Filing 21 CONSENT FOR REMOVAL by Altice Technical Services US, LLC (Harrison, Justin)
December 4, 2019 Filing 20 REPLY by John C. McDonald to #18 Response In Opposition. (Anderson, Clayton)
December 2, 2019 Filing 19 RESPONSE by John C. McDonald in opposition to #9 MOTION by Altice Technical Services US Corp., Larry Hoyle, Duska Arbaugh, Altice Technical Services US, LLC to Dismiss Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Anderson, Clayton) (Modified on 12/3/2019 to remove link to #10 brief in support) (kew).
November 27, 2019 Filing 18 COMBINED RESPONSE by Altice Technical Services US Corp., Altice Technical Services US, LLC, Altice USA, Inc., Duska Arbaugh, Larry Hoyle in opposition to #13 MOTION by John C. McDonald to Defer Consideration and Resolution of Defendants' Motion to Dismiss Pending Resolution of Forthcoming Motion to Remand and #17 MOTION by John C. McDonald for Extension of Time to File Responsive Pleading to #9 Motion to Dismiss Complaint. (Harrison, Justin) (Modified on 12/2/2019 to add party filers) (kew).
November 26, 2019 Filing 17 MOTION by John C. McDonald for Extension of Time to File Responsive Pleading to #9 Motion to Dismiss Complaint. (Anderson, Clayton) (Modified on 11/26/2019 to add link to #9 motion) (kew).
November 22, 2019 Filing 16 MOTION by John C. McDonald to Strike Complaint Attached to #1 Notice of Removal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Anderson, Clayton)
November 22, 2019 Filing 15 MEMORANDUM OF LAW by John C. McDonald in support of #14 MOTION by John C. McDonald to Remand Case to Circuit Court of Kanawha County (Anderson, Clayton)
November 22, 2019 Filing 14 MOTION by John C. McDonald to Remand Case to Circuit Court of Kanawha County (Anderson, Clayton)
November 18, 2019 Filing 13 MOTION by John C. McDonald to Defer Consideration and Resolution of Defendants' Motion to Dismiss Pending Resolution of Forthcoming Motion to Remand. (Anderson, Clayton)
November 15, 2019 Filing 12 SUMMONS RETURNED EXECUTED for Joshua Hypes, Joshua Hypes served on 11/14/2019, answer due 12/5/2019. (Anderson, Clayton)
November 15, 2019 Filing 11 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Altice Technical Services US Corp. (Harrison, Justin)
November 15, 2019 Filing 10 BRIEF by Altice Technical Services US Corp., Larry Hoyle, Duska Arbaugh, Altice Technical Services US, LLC in support of #9 MOTION by Altice Technical Services US Corp., Larry Hoyle, Duska Arbaugh, Altice Technical Services US, LLC to Dismiss Complaint. (Harrison, Justin) (Modified on 11/15/2019 to add party filers) (kew).
November 15, 2019 Filing 9 MOTION by Altice Technical Services US Corp., Larry Hoyle, Duska Arbaugh, Altice Technical Services US, LLC to Dismiss Complaint Attached to #1 Notice of Removal. (Attachment: #1 Exhibit A)(Harrison, Justin) (Modified on 11/15/2019 to add party filers) (kew).
November 15, 2019 Filing 8 MOTION by Altice Technical Services US Corp., Larry Hoyle, Duska Arbaugh, Altice Technical Services US, LLC for Leave to Exceed Page Limit for their Memorandum in Support. (Harrison, Justin) (Modified on 11/15/2019 to add party filers) (kew).
November 15, 2019 Filing 7 CONSENT FOR REMOVAL by Duska Arbaugh (Harrison, Justin)
November 15, 2019 Filing 6 CONSENT FOR REMOVAL by Larry Hoyle (Harrison, Justin)
November 8, 2019 Filing 5 SUMMONS RETURNED EXECUTED for Duska Arbaugh, Duska Arbaugh served on 11/4/2019, answer due 11/25/2019. (Anderson, Clayton)
November 8, 2019 Filing 4 SUMMONS RETURNED EXECUTED for Larry Hoyle, Larry Hoyle served on 11/2/2019, answer due 11/25/2019. (Anderson, Clayton)
November 5, 2019 Opinion or Order Filing 3 ORDER AND NOTICE: Rule 12(b) Motions 11/18/2019. Rule 26(f) Meeting 12/2/2019. Last day to file report of Rule 26(f) Meeting 12/9/2019. Telephonic Scheduling Conference at 3:30 PM on 12/13/2019. Entry of Scheduling Order 12/18/2019. Last Day to make Rule 26(a)(1) disclosures 12/27/2019. Signed by Judge Thomas E. Johnston on 11/4/2019. (cc: counsel of record; any unrepresented party) (ts)
October 28, 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) (lca)
October 25, 2019 Filing 1 NOTICE OF REMOVAL by Altice Technical Services US, LLC, Altice Technical Services US Corp., Altice USA, Inc., Altice Technical Services US LLC with summons, complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $400.00. Receipt #AWVSDC-7429683. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (lca)

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Defendant: Suddenlink Communications
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Defendant: Duska Arbaugh
Represented By: Justin M. Harrison
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Defendant: Altice Technical Services US LLC
Represented By: Justin M. Harrison
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Defendant: Joshua Hypes
Represented By: Justin M. Harrison
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Defendant: John Morr
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Defendant: Altice USA, Inc.
Represented By: Justin M. Harrison
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Defendant: Altice Technical Services US, LLC
Represented By: Justin M. Harrison
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Defendant: Universal Cable Holdings, Inc.
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Defendant: Altice Technical Services US Corp.
Represented By: Justin M. Harrison
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Defendant: Larry Hoyle
Represented By: Justin M. Harrison
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Plaintiff: John C. McDonald
Represented By: Clayton G. Anderson
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