Marcum v. Bailey et al
Plaintiff: Shane Marcum
Defendant: West Virginia Division of Correction and Rehabilitation and Correctional Officer Michael Bailey
Case Number: 2:2020cv00628
Filed: September 23, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Both
Docket Report

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

Date Filed Document Text
November 12, 2020 Filing 13 MEMORANDUM OF LAW by West Virginia Division of Correction and Rehabilitation in support of #12 MOTION by West Virginia Division of Correction and Rehabilitation to Dismiss Complaint (Fuller, John)
November 12, 2020 Filing 12 MOTION by West Virginia Division of Correction and Rehabilitation to Dismiss Complaint Attached to #2 Notice of Removal. (Fuller, John) (Modified on 11/13/2020 to add link to #2 notice of removal) (ts).
October 21, 2020 Filing 11 CERTIFICATE OF SERVICE by Michael Bailey for Second Set of Discovery Requests to Plaintiff. (Parsons, Colton)
October 8, 2020 Filing 10 CERTIFICATE OF SERVICE by Michael Bailey for Rule 26(a)(1) Initial Disclosures. (Parsons, Colton)
October 8, 2020 Filing 9 CERTIFICATE OF SERVICE by Michael Bailey for First Set of Discovery Requests to Plaintiff. (Parsons, Colton)
October 7, 2020 Opinion or Order Filing 8 SCHEDULING ORDER directing that the Scheduling Conference is CANCELLED and that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 12/30/2020. Discovery requests to be completed by 6/14/2021. All discovery due by 7/7/2021. Depositions to be completed by 7/30/2021. Expert Witness List by parties bearing the burden of proof due by 4/15/2021, by party not bearing burden of proof due by 5/14/2021, and to solely contradict or rebut evidence due by 5/31/2021. Dispositive Motions except those filed under Rule 12(b) due by 8/14/2021. Settlement Meeting to be held at least 45 days prior to the Pretrial Conference. Mediation must be concluded at least 30 days prior to the Pretrial Conference. Rule 26(a)(3) Disclosures to be completed at least 30 days prior to the Pretrial Conference. Motions in Limine to be filed by 9/10/2021, with responses due by 9/17/2021. Proposed Voir Dire, Jury Instructions, and Verdict Form due by 10/18/2021. Plaintiff's portion of proposed Pretrial Order to defendants due by 10/14/2021. Proposed integrated pretrial order due by 10/21/2021. Pretrial Conference/Final Settlement Conference to be held on 10/28/2020 at 9:00 a.m. Jury Trial set for 11/8/2021 at 9:00 AM in Charleston before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 10/7/2020. (cc: counsel of record; any unrepresented party) (kew)
October 7, 2020 Opinion or Order Filing 7 PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 10/7/2020. (cc: counsel of record; any unrepresented party) (lca)
October 6, 2020 Filing 6 RULE 26(f) REPORT OF PLANNING MEETING by Michael Bailey, Shane Marcum. (Parsons, Colton) (Modified on 10/7/2020 to add party filer) (ts).
October 6, 2020 Filing 5 PROPOSED ORDER Protective by Michael Bailey, Shane Marcum (Parsons, Colton) (Modified on 10/7/2020 to add party filer) (ts).
September 25, 2020 Opinion or Order Filing 4 ORDER AND NOTICE: Rule 12(b) Motions due by 10/13/2020. Last day for Rule 26(f) Meeting is 10/20/2020. Last day to file report of Rule 26(f) Meeting is 10/27/2020. Scheduling Conference at 03:00 PM on 11/10/2020 in Charleston before the undersigned. Entry of Scheduling Order by 11/17/2020. Last Day to make Rule 26(a)(1) disclosures is 11/24/2020. Signed by Judge Irene C. Berger on 9/25/2020. (cc: counsel of record and any unrepresented party) (arb)
September 24, 2020 Filing 3 ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc)
September 23, 2020 CASE assigned to Judge Irene C. Berger. (klc)
September 23, 2020 Filing 2 NOTICE OF REMOVAL by Michael Bailey with summons, complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $400.00. Receipt #AWVSDC-7746107. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (lca)
September 23, 2020 Filing 1 ANSWER TO COMPLAINT ATTACHED TO #2 NOTICE OF REMOVAL with Jury Demand by Michael Bailey. (Parsons, Colton) (Modified on 9/24/2020 to add link to #2 notice of removal and to add jury demand) (kew).

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Defendant: West Virginia Division of Correction and Rehabilitation
Represented By: John P. Fuller
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Defendant: Correctional Officer Michael Bailey
Represented By: Colton Chase Parsons
Represented By: Michael D. Mullins
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Plaintiff: Shane Marcum
Represented By: Paul M. Stroebel
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