West Virginia Potato Chip Company, LLC v. Erie Insurance Property & Casualty Company et al
| West Virginia Potato Chip Company, LLC a West Virginia Corporation doing business as Mr. Bee Potato Chips |
| Erie Insurance Property & Casualty Company, Intra-State Insurance Corporation and Lee May |
| 2:2020cv00853 |
| December 16, 2020 |
| US District Court for the Southern District of West Virginia |
| Irene C Berger |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 18 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Intra-State Insurance Corporation (Murphy, Glen) |
Filing 17
SCHEDULING ORDER directing that the Scheduling Conference is CANCELLED and that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 3/8/2021. Opening Briefs/ Motions of Summary Judgment due by 7/8/2021. Discovery requests to be completed by 10/1/2021. All discovery due by 10/25/2021. Depositions to be completed by 11/15/2021. Expert Witness List by parties bearing the burden of proof due by 9/17/2021, by party not bearing burden of proof due by 10/15/2021, and to solely contradict or rebut evidence due by 11/5/2021. Dispositive Motions except those filed under Rule 12(b) due by 12/6/2021. 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 3/4/2022, with responses due by 3/11/2022. Proposed Voir Dire, Jury Instructions, and Verdict Form due by 4/4/2022. Plaintiff's portion of proposed Pretrial Order to defendants due by 4/7/2022. Proposed integrated pretrial order due by 4/14/2022. Pretrial Conference/Final Settlement Conference to be held on 4/21/2022 at 9:00 a.m. Jury Trial set for 4/25/2022 at 9:00 AM in Charleston before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 1/22/2021. (cc: counsel of record; any unrepresented party) (kew)
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| Filing 16 RULE 26(f) REPORT OF PLANNING MEETING by Erie Insurance Property & Casualty Company, Intra-State Insurance Corporation, West Virginia Potato Chip Company, LLC. (Perry, Matthew) (Modified on 1/21/2021 to add party filers) (ts). |
| Filing 15 REPLY by Intra-State Insurance Corporation to #10 Memorandum In Opposition. (Murphy, Glen) |
| Filing 14 TRANSMITTED CERTIFIED COPY of #13 Order to attorneys and any unrepresented party. (kew) |
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Filing 13
ORDER GRANTING DISMISSAL AS TO DEFENDANT, LEE MAY, WITHOUT PREJUDICE directing that Defendant, Lee May is dismissed from this civil action without prejudice. Signed by Judge Irene C. Berger on 1/7/2021. (cc: attys; any unrepresented party) (kew)
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| Filing 12 PROPOSED ORDER Order Granting Dismissal as to Defendant, Lee May, Without Prejudice by West Virginia Potato Chip Company, LLC. (Wiseman, Todd) |
| Filing 11 PROPOSED ORDER Order Granting Dismissal as to Defendant, Lee May, Without Prejudice by West Virginia Potato Chip Company, LLC. (Wiseman, Todd) |
| Filing 10 RESPONSE by West Virginia Potato Chip Company, LLC in opposition to #8 MOTION by Intra-State Insurance Corporation to Dismiss Complaint (Wiseman, Todd) |
| Filing 9 MEMORANDUM OF LAW by Intra-State Insurance Corporation in support of #8 MOTION by Intra-State Insurance Corporation to Dismiss Complaint (Murphy, Glen) |
| Filing 8 MOTION by Intra-State Insurance Corporation to Dismiss Complaint Attached to #1 Notice of Removal (Murphy, Glen) (Modified on 1/3/2021 to add link to #1 notice of removal) (ts). |
| RESET ANSWER DEADLINE as to Lee May for 1/08/2021 pursuant to #6 Stipulation. (ts) |
| Filing 7 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Erie Insurance Property & Casualty Company.(Jordan, J.) |
| Filing 6 JOINT STIPULATION EXTENDING TIME for May to Respond to Complaint Attached to #1 Notice of Removal to January 8, 2021 by Lee May, West Virginia Potato Chip Company, LLC (Jordan, J.) (Modified on 12/23/2020 to add party filer) (ts). |
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Filing 5
ORDER AND NOTICE: Rule 12(b) Motions 1/8/2021. Rule 26(f) Meeting 1/13/2021. Last day to file report of Rule 26(f) Meeting 1/20/2021. Scheduling Conference at 2:00 PM on 2/3/2021 in Charleston. Entry of Scheduling Order 2/10/2021. Last Day to make Rule 26(a)(1) disclosures 2/17/2021. Signed by Judge Irene C. Berger on 12/21/2020. (cc:counsel of record; any unrepresented party) (lca)
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| Filing 4 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) |
| Filing 3 CONSENT FOR REMOVAL by Intra-State Insurance Corporation (Murphy, Glen) |
| CASE assigned to Judge Irene C. Berger. (klc) |
| Filing 2 CONSENT FOR REMOVAL by Lee May (Jordan, J.) |
| Filing 1 NOTICE OF REMOVAL by Erie Insurance Property & Casualty Company with summons, complaint and docket sheet from Circuit Court of Wood County. Filing Fee $402.00. Receipt #AWVSDC-7830278. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet) (lca) |
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| Plaintiff: West Virginia Potato Chip Company, LLC a West Virginia Corporation doing business as Mr. Bee Potato Chips | |
| Represented By: | Todd S. Wiseman |
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| Defendant: Erie Insurance Property & Casualty Company | |
| Represented By: | Matthew J. Perry |
| Represented By: | J. Jarrod Jordan |
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| Defendant: Intra-State Insurance Corporation | |
| Represented By: | Glen A. Murphy |
| Represented By: | Don C. A. Parker |
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| Defendant: Lee May | |
| Represented By: | J. Jarrod Jordan |
| Represented By: | Matthew J. Perry |
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