Javins et al v. Westfield Insurance Company
Plaintiff: Elaine J. Javins and Harry Frank Javins, Jr.
Defendant: Westfield Insurance Company
Case Number: 2:2020cv00698
Filed: October 21, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2020 Filing 9 STIPULATION EXTENDING TIME to January 11, 2021 by Westfield Insurance Company (Kesner, Brent)
December 3, 2020 Filing 8 CERTIFICATE OF SERVICE by Elaine J. Javins, Harry Frank Javins, Jr for First Set of Interrogatories and Requests for Production of Documents to Defendant, Westfield Insurance Company. (Blass, Scott)
November 17, 2020 Opinion or Order Filing 7 SCHEDULING ORDER cancelling the Scheduling Conference previously scheduled for 12/9/2020 and ordering the case to proceed as follows: Joinder of Parties, amended pleadings due by 1/15/2021. Discovery requests to be completed by 7/30/2021, with a discovery completion date of 8/24/2021. All depositions to be completed by 9/17/2021. Expert Witness List by parties bearing the burden of proof due by 6/25/2021, by party not bearing burden of proof due by 7/23/2021, and to solely contradict or rebut evidence due by 8/6/2021. Dispositive Motions except those filed under Rule 12(b) due by 10/15/2021, with responses due within 14 days from the date of service of the motion, and any replies due within 7 days from the date of service of the response. Settlement Meeting to be held at least 45 days prior to the Pretrial Conference. Mediation to be concluded at least 30 days prior to the Pretrial Conference. Within 5 days of the completion of Mediation, the parties shall file a written report with the Court. Rule 26(a)(3) Disclosures due at least 30 days prior to the Pretrial Conference. Motions in Limine to be filed by 12/10/2021, with responses due by 12/17/2021. Proposed Voir Dire, Jury Instructions, and Verdict Form due no later than 1/10/2022, with the submissions to include the parties' respective witness list. Plaintiffs' portion of the Proposed Integrated Pretrial Order due to defendant by 1/6/2022. Proposed Integrated Pretrial Order due by 1/13/2022. Pretrial Conference/Final Settlement Conference to be held on 1/20/2022 at 9:00 AM. Jury Trial set for 1/31/2022 at 09:00 AM in Charleston before Judge Irene C. Berger. Counsel should be prepared to select a jury on the preceding Friday if so ordered by the Court. Signed by Judge Irene C. Berger on 11/17/2020. (cc: counsel of record and any unrepresented party) (arb)
November 16, 2020 Filing 6 RULE 26(f) REPORT OF PLANNING MEETING by Westfield Insurance Company, Harry Frank Javins, Jr., Elaine J. Javins. (Kesner, Brent) (Modified on 11/17/2020 to add party filers) (ts).
November 13, 2020 Filing 5 ANSWER TO #4 Counterclaim by Elaine J. Javins, Harry Frank Javins, Jr.(Blass, Scott)
October 27, 2020 Filing 4 ANSWER TO COMPLAINT by Westfield Insurance Company With Jury Demand and COUNTERCLAIM by Defendant Westfield Insurance Company against Plaintiffs, Elaine J. Javins, Harry Frank Javins, Jr.(Kesner, Brent) (Modified on 10/28/2020 to add jury demand) (ts).
October 23, 2020 Opinion or Order Filing 3 ORDER AND NOTICE: Rule 12(b) Motions due by 11/10/2020. Last day for Rule 26(f) Meeting is 11/17/2020. Last day to file report of Rule 26(f) Meeting is 11/24/2020. Scheduling Conference at 03:00 PM on 12/9/2020 in Charleston before the undersigned. Entry of Scheduling Order by 12/16/2020. Last Day to make Rule 26(a)(1) disclosures is 12/23/2020. Signed by Judge Irene C. Berger on 10/23/2020. (cc: counsel of record and any unrepresented party) (arb)
October 22, 2020 Filing 2 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)
October 21, 2020 CASE assigned to Judge Irene C. Berger. (klc)
October 21, 2020 Filing 1 NOTICE OF REMOVAL by Westfield Insurance Company with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Boone County. Filing Fee $400.00. Receipt #AWVSDC-7777881. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (kew)

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Plaintiff: Elaine J. Javins
Represented By: Scott S. Blass
Represented By: Christopher J. Heavens
Represented By: Justin Joseph Selep
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Plaintiff: Harry Frank Javins, Jr.
Represented By: Scott S. Blass
Represented By: Christopher J. Heavens
Represented By: Justin Joseph Selep
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Defendant: Westfield Insurance Company
Represented By: Brent K. Kesner
Represented By: Ernest G. Hentschel, II
Represented By: Tanya M. Kesner
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