Hughes v. White et al
Plaintiff: Carl Hughes
Defendant: West Virginia Division of Correction and Rehabilitation, Correctional Officer T. Hammonds, Correctional Officer C. White and West Virginia Division of Corrections
Case Number: 2:2020cv00730
Filed: November 9, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Prisoner - (Prison Condition)
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 29, 2020 Opinion or Order Filing 16 MEMORANDUM OPINION AND ORDER granting in part and denying in part the #5 MOTION to Dismiss. Specifically, to the extent a claim of assault and battery is made against the Defendant West Virginia Division of Corrections and Rehabilitation in Count I, the same is hereby dismissed. Signed by Judge Irene C. Berger on 12/29/2020. (cc: counsel of record; any unrepresented party) (lca)
December 28, 2020 Opinion or Order Filing 15 PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Judge Irene C. Berger on 12/28/2020. (cc: attys; any unrepresented party) (tmr)
December 18, 2020 Opinion or Order Filing 14 CERTIFICATE OF SERVICE by West Virginia Division of Correction and Rehabilitation for Responses to Plaintiff's First Set of Interrogatories, Requests for Production of Documents and Requests for Admissions to All Defendants. (Murray, William)
December 10, 2020 Opinion or Order Filing 13 PROPOSED ORDER Agreed Protective Order by West Virginia Division of Correction and Rehabilitation, Carl Hughes, T. Hammonds (Murray, William) (Modified on 12/11/2020 to add party filers) (ts).
December 10, 2020 Opinion or Order Filing 12 CERTIFICATE OF SERVICE by T. Hammonds for First Set of Discovery Requests to Plaintiff. (Parsons, Colton)
December 10, 2020 Opinion or Order Filing 11 CERTIFICATE OF SERVICE by Carl Hughes for Interrogatories, Requests for Production of Documents and Requests for Admissions to all Defendants. (Stroebel, Paul)
December 9, 2020 Opinion or Order Filing 10 STIPULATION EXTENDING TIME to file a response to #5 MOTION by West Virginia Division of Correction and Rehabilitation to Dismiss Complaint to December 22, 2020 by Carl Hughes, West Virginia Division of Corrections and Rehabilitation (Stroebel, Paul) (Modified on 12/11/2020 to add party filer)
December 9, 2020 Opinion or Order Filing 9 SCHEDULING ORDER directing that the scheduling conference previously scheduled is cancelled and the case shall proceed as follows: Joinder of Parties, amended pleadings due by 1/15/2021. Discovery requests to be completed by 6/18/2021. All discovery shall be completed by 7/9/2021, and all depositions by 7/30/2021. Expert Witness List by parties bearing the burden of proof due by 4/16/2021, by party not bearing burden of proof due by 5/17/2021, and to solely contradict or rebut evidence due by 6/8/2021. Dispositive Motions except those filed under Rule 12(b) due by 8/27/2021. Motions in Limine to be filed by 12/3/2021, with responses due by 12/10/2021. Plaintiffs portion of proposed Pretrial Order to defendants due by 1/6/2022. Proposed integrated pretrial order due by 1/13/2022. Proposed Jury Charges due by 1/10/2022. Pretrial Conference/Final Settlement Conference is set for 1/20/2022 at 1:30 pm. Jury Trial set for 1/31/2022 at 09:00 AM in Charleston before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 12/9/2020. (cc: counsel of record; any unrepresented party) (lca)
December 8, 2020 Opinion or Order Filing 8 RULE 26(f) REPORT OF PLANNING MEETING by West Virginia Division of Correction and Rehabilitation, Carl Hughes, T. Hammonds. (Murray, William) (Modified on 12/10/2020 to add party filers) (ts).
December 4, 2020 Opinion or Order Filing 7 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by T. Hammonds.(Parsons, Colton)
November 25, 2020 Opinion or Order Filing 6 MEMORANDUM OF LAW by West Virginia Division of Correction and Rehabilitation in support of #5 MOTION by West Virginia Division of Correction and Rehabilitation to Dismiss Complaint (Murray, William)
November 25, 2020 Opinion or Order Filing 5 MOTION by West Virginia Division of Correction and Rehabilitation to Dismiss Complaint Attached to #1 Notice of Removal. (Murray, William) (Modified on 11/30/2020 to add link to #1 notice of removal) (ts).
November 12, 2020 Opinion or Order Filing 4 ORDER AND NOTICE: Rule 12(b) Motions 11/30/2020. Rule 26(f) Meeting 12/7/2020. Last day to file report of Rule 26(f) Meeting 12/14/2020. Scheduling Conference at 09:30 AM on 1/6/2021 in Charleston. Entry of Scheduling Order 1/13/2021. Last Day to make Rule 26(a)(1) disclosures 1/20/2021 Signed by Judge Irene C. Berger on 11/12/2020. (cc: counsel of record; any unrepresented party) (kew)
November 12, 2020 Opinion or Order Filing 3 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL, With Jury Demand, by West Virginia Division of Correction and Rehabilitation.(Murray, William) (Modified on 11/13/2020 to add link to #1 notice of removal and to add jury demand) (ts).
November 10, 2020 Opinion or Order 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)
November 9, 2020 Opinion or Order CASE assigned to Judge Irene C. Berger. (klc)
November 9, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL by West Virginia Division of Correction and Rehabilitation with summons, complaint, docket sheet from Circuit Court of Kanawha County. Filing Fee $400.00. Receipt #AWVSDC-7796557. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet) (kew)

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Defendant: West Virginia Division of Correction and Rehabilitation
Represented By: William E. Murray
Represented By: Mark Jeffrey McGhee
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Defendant: Correctional Officer T. Hammonds
Represented By: Colton Chase Parsons
Represented By: Michael D. Mullins
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Defendant: Correctional Officer C. White
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Defendant: West Virginia Division of Corrections
Represented By: William E. Murray
Represented By: Mark Jeffrey McGhee
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Plaintiff: Carl Hughes
Represented By: Paul E. Stroebel
Represented By: Paul M. Stroebel
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