Smith et al v. Prater et al
| Kimberly Davis Smith and Jonathan Smith |
| KNL, Inc. and Brandon Prater |
| 2:2020cv00143 |
| February 20, 2020 |
| U.S. District Court for the Southern District of West Virginia |
| Thomas E Johnston |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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Filing 11
SCHEDULING ORDER directing that the Scheduling Conference previously scheduled for 4/13/2020, is CANCELED; this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 5/11/2020. The parties shall serve all discovery requests by 10/28/2020, and complete all depositions by 12/11/2020. Expert Witness List by the party bearing the burden of proof due no later than 6/1/2020, by the party not bearing the burden of proof due no later than 7/6/2020, and to solely contradict or rebut evidence due no later than 8/3/2020. All dispositive motions, except those filed under Rule 12(b), shall be filed and served by 12/31/2020, with responses due by 1/14/2021, and replies due by 1/21/2021. Settlement Meeting to be held no later than 3/3/2021. All motions in limine shall be filed and served by 3/10/2021, with responses due by 3/17/2021. The plaintiff portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 3/8/2021, and the proposed integrated pretrial order due for entry no later than 3/15/2021. A pretrial conference shall be held at 10:00 AM on 4/8/2021. Proposed charges to the jury due by 4/13/2021. A final settlement conference shall be held at 10:00 AM on 4/8/2021. Trial of this action shall be held at 9:00 AM on 4/20/2021 before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 4/6/2020. (cc: attys; any unrepresented party) (btm)
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| Filing 10 CERTIFICATE OF SERVICE by Brandon Prater for First Set of Discovery to Jonathan Smith and Kimberly Davis Smith. (Attachment: #1 Certificate of Service)(Powell, Michael) |
| Filing 9 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 3/18/2020 as to KNL, Inc. Certified Mail Number: 92148901125134100002691162. (ts) |
| Filing 8 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by KNL, Inc. (Powell, Michael) (Modified on 3/24/2020 to remove link to #1 notice of removal and to add jury demand) (kew). |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to KNL, Inc., re: Complaint Attached to #1 Notice of Removal. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (kew) |
| Filing 6 SUMMONS TO BE REISSUED SUBMITTED by Jonathan Smith, Kimberly Davis Smith for KNL, Inc., re: Complaint Attached to #1 Notice of Removal. (Smith, Greg) |
| Filing 5 RULE 26(f) REPORT OF PLANNING MEETING by Brandon Prater, Kimberly Davis Smith, Jonathan Smith. (Attachment: #1 Worksheet Report Parties Planning Meeting)(Powell, Michael) (Modified on 3/17/2020 to add party filers) (kew). |
| Filing 4 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Brandon Prater. (Powell, Michael) (Modified on 3/10/2020 to add link to #1 notice of removal and to add jury demand) (kew). |
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Filing 3
ORDER AND NOTICE: Rule 12(b) Motions 3/16/2020. Rule 26(f) Meeting 3/30/2020. Last day to file report of Rule 26(f) Meeting 4/6/2020. Telephonic Scheduling Conference at 2:30 p.m. on 4/13/2020. Entry of Scheduling Order 4/20/2020. Last Day to make Rule 26(a)(1) disclosures 4/27/2020. Signed by Judge Thomas E. Johnston on 2/24/2020. (cc: counsel of record and any unrepresented party) (mms)
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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) (klc) |
| CASE assigned to Judge Thomas E. Johnston. (klc) |
| Filing 1 NOTICE OF REMOVAL by Brandon Prater with summons, complaint and docket sheet from Circuit Court of Mingo County. Filing Fee $400.00. Receipt #AWVSDC-7549510. (Attachments: #1 Exhibit #1 Summons and Complaint, #2 Exhibit #2 Docket Sheet, #3 Civil Cover Sheet) (mms) |
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