Wale v. Hayhurst et al
Plaintiff: Paul Wale
Defendant: West Virginia Division of Corrections and Rehabilitation, Captain Brian Penick and Correctional Officer Dylan Hayhurst
Case Number: 2:2020cv00713
Filed: October 27, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Omar J Aboulhosn
Referring Judge: Irene C Berger
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28:1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2020 Filing 13 REPLY by West Virginia Division of Corrections and Rehabilitation to #12 Memorandum In Opposition. (Murray, William)
December 7, 2020 Filing 12 MEMORANDUM by Paul Wale in opposition to #5 MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss Complaint (Stroebel, Paul)
December 3, 2020 Opinion or Order Filing 11 SCHEDULING ORDER cancelling the Scheduling Conference previously scheduled for 12/16/2020 and ordering the case to proceed as follows: Joinder of Parties, amended pleadings due by 1/25/2021. Discovery requests to be completed by 7/2/2021, and all depositions by 8/27/2021. All discovery to be completed by 7/30/2021. Expert Witness List by parties bearing the burden of proof due by 5/4/2021, by party not bearing burden of proof due by 6/4/2021, and to solely contradict or rebut evidence due by 7/2/2021. Dispositive Motions except those filed under Rule 12(b) due by 9/24/2021, 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 status 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 11/5/2021, with responses due by 11/12/2021. Proposed Voir Dire, Jury Instructions and Verdict Form due by 1/10/2022. Plaintiff's portion of the Proposed Integrated Pretrial Order due to defendants by 1/6/2022. Proposed Integrated Pretrial Order due by 1/13/2022. Pretrial Conference/Final Settlement Conference set for 1/20/2022 at 11:00 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 12/3/2020. (cc: counsel of record, any unrepresented party) (arb)
December 1, 2020 NOTICE OF DOCKET CORRECTION re: #10 Certificate of Service ERROR: Incorrect document attached. CORRECTION: Document replaced with correct document. (lca)
December 1, 2020 Filing 10 CERTIFICATE OF SERVICE by Dylan Hayhurst, Brian Penick, West Virginia Division of Corrections and Rehabilitation for First Set of Interrogatories and Requests for Production of Documents to Plaintiff Paul Wale. (Murray, William) (Modified on 12/1/2020 to replace incorrect document with correct document) (lca).
December 1, 2020 Filing 9 RULE 26(f) REPORT OF PLANNING MEETING by Dylan Hayhurst, Brian Penick, West Virginia Division of Corrections and Rehabilitation, Paul Wale. (Murray, William) (Modified on 12/2/2020 to add party filer)(ts).
November 25, 2020 Filing 8 NOTICE OF CHANGE OF ATTORNEY INFORMATION by William E. Murray updating name and/or firm information on behalf of Dylan Hayhurst, Brian Penick, West Virginia Division of Corrections and Rehabilitation. (Murray, William)
November 25, 2020 Filing 7 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Mark Jeffrey McGhee updating name and/or firm information on behalf of Dylan Hayhurst, Brian Penick, West Virginia Division of Corrections and Rehabilitation. (McGhee, Mark)
November 23, 2020 Filing 6 MEMORANDUM OF LAW by West Virginia Division of Corrections and Rehabilitation in support of #5 MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss Complaint (Murray, William)
November 18, 2020 Filing 5 MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss Complaint Attached to #1 Notice of Removal. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Murray, William) (Modified on 11/19/2020 to add link to #1 notice of removal) (ts).
October 29, 2020 Filing 4 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL With Jury Demand by Dylan Hayhurst, Brian Penick, West Virginia Division of Corrections and Rehabilitation.(Murray, William) (Modified on 10/30/2020 to add link to #1 notice of removal and to add jury demand) (ts).
October 29, 2020 Opinion or Order Filing 3 ORDER AND NOTICE: Rule 12(b) Motions 11/18/2020. Rule 26(f) Meeting 11/25/2020. Last day to file report of Rule 26(f) Meeting 12/2/2020. Scheduling Conference at 09:30 AM on 12/16/2020 in Charleston. Entry of Scheduling Order 12/23/2020. Last Day to make Rule 26(a)(1) disclosures 12/30/2020. Signed by Judge Irene C. Berger on 10/29/2020. (cc: attys; any unrepresented party) (tmr)
October 28, 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 27, 2020 CASE assigned to Judge Irene C. Berger. (klc)
October 27, 2020 Filing 1 NOTICE OF REMOVAL by West Virginia Division of Corrections and Rehabilitation, Correctional Officer Dylan Hayhurst and Captain Brian Penick with summons, complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $400.00. Receipt # AWVSDC-7783997. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet) (mms)

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Defendant: West Virginia Division of Corrections and Rehabilitation
Represented By: William E. Murray
Represented By: Mark Jeffrey McGhee
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Defendant: Captain Brian Penick
Represented By: William E. Murray
Represented By: Mark Jeffrey McGhee
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Defendant: Correctional Officer Dylan Hayhurst
Represented By: William E. Murray
Represented By: Mark Jeffrey McGhee
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Plaintiff: Paul Wale
Represented By: Paul M. Stroebel
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