City of South Charleston v. Johnson Controls, Inc.
Plaintiff: City of South Charleston
Defendant: Johnson Controls, Inc., Ferguson Enterprises, LLC, A.O. Smith Corporation, Bedivere Insurance Company a Pennsylvania insurance company doing business as Onebeacon Insurance Company and Atlantic Specialty Insurance Company
Case Number: 2:2021cv00052
Filed: January 20, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Thomas E Johnston
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 19, 2021 Filing 39 CERTIFICATE OF SERVICE by Ferguson Enterprises, LLC for Rule 26(a)(1) Initial Disclosures. (Slicer, William)
March 19, 2021 Filing 38 STATEMENT OF VISITING ATTORNEY from Shawn M. Doorhy on behalf of Johnson Controls, Inc.. Local counsel: John H. Tinney, Jr.. Fee $50.00. Receipt # AWVSDC-7907408. (Tinney, John)
March 19, 2021 Filing 37 STATEMENT OF VISITING ATTORNEY from Ehren M. Fournier on behalf of Johnson Controls, Inc.. Local counsel: John H. Tinney, Jr.. Fee $50.00. Receipt # AWVSDC-7907400. (Tinney, John)
March 19, 2021 Filing 36 CERTIFICATE OF SERVICE by A.O. Smith Corporation for Rule 26(a)(1) Initial Disclosures. (Simon, James)
March 19, 2021 Filing 35 CERTIFICATE OF SERVICE by Atlantic Specialty Insurance Company for Rule 26(a)(1) Initial Disclosures. (Burns, John)
March 19, 2021 Filing 34 CERTIFICATE OF SERVICE by Johnson Controls, Inc. for Rule 26(a)(1) Initial Disclosures. (Tinney, John)
March 9, 2021 Opinion or Order Filing 33 SCHEDULING ORDER: Canceling the Scheduling Conference previously scheduled for 3/15/2021 and directing that this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 3/29/2021. The parties shall serve all discovery requests by 8/27/2021. Depositions/Discovery to Close by 10/11/2021. Expert Witness List by the party bearing the burden of proof due no later than 8/12/2021, by the party not bearing the burden of proof due no later than 9/10/2021, and to solely contradict or rebut evidence due no later than 9/27/2021. All dispositive motions, except those filed under Rule 12(b), shall be filed and served by 11/1/2021, with responses due by 11/15/2021, and replies due by 11/22/2021. Settlement Meeting to be held no later than 1/3/2022. All motions in limine shall be filed and served by 1/10/2022, with responses due by 1/17/2022. The plaintiff portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 1/5/2022, and the proposed integrated pretrial order due for entry no later than 1/12/2022. A pretrial conference shall be held at 9:00 AM on 2/23/2022. Proposed charges to the jury due by 3/1/2022. A final settlement conference shall be held at 9:00 AM on 2/23/2022. Trial of this action shall be held at 9:00 AM on 3/8/2022 before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 3/9/2021. (cc: attys; any unrepresented party) (slr)
March 9, 2021 Opinion or Order Filing 32 ORDER SETTING DEPOSITION PROTOCOL. Signed by Magistrate Judge Dwane L. Tinsley on 3/9/2021. (cc: counsel of record) (btm)
March 9, 2021 Opinion or Order Filing 31 AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(d). Signed by Magistrate Judge Dwane L. Tinsley on 3/9/2021. (cc: counsel of record; any unrepresented party) (btm)
March 9, 2021 Opinion or Order Filing 30 ORDER granting the #27 JOINT MOTION for Entry of Rule 502(d) Order and for Entry of Agreed Order Setting Deposition Protocol. Signed by Magistrate Judge Dwane L. Tinsley on 3/9/2021. (cc: counsel of record; any unrepresented party) (btm)
March 9, 2021 Opinion or Order Filing 29 PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Dwane L. Tinsley on 3/9/2021. (cc: counsel of record; any unrepresented party) (btm)
March 9, 2021 Opinion or Order Filing 28 ORDER granting the #26 JOINT MOTION for Protective Order. Signed by Magistrate Judge Dwane L. Tinsley on 3/9/2021. (cc: counsel of record; any unrepresented party) (btm)
March 8, 2021 MOTIONS REFERRED to Magistrate Judge Dwane L. Tinsley: #26 and #27 Joint Motions. (ts)
March 8, 2021 Filing 27 JOINT MOTION by A.O. Smith Corporation, City of South Charleston, Johnson Controls, Inc., Ferguson Enterprises, LLC, Atlantic Specialty Insurance Company For Entry of Rule 502(d) Order and For Entry of Agreed Order Setting Deposition Protocol (Attachments: #1 Exhibit A, #2 Exhibit B)(Simon, James) (Modified on 3/9/2021 to add party filers) (ts).
March 8, 2021 Filing 26 JOINT MOTION by A.O. Smith Corporation, City of South Charleston, Johnson Controls, Inc., Ferguson Enterprises, LLC, Atlantic Specialty Insurance Company for Protective Order (Attachments: #1 Exhibit A)(Simon, James) (Modified on 3/9/2021 to add party filers) (ts).
March 8, 2021 Filing 25 RULE 26(f) REPORT OF PLANNING MEETING by A.O. Smith Corporation, City of South Charleston, Johnson Controls, Inc., Ferguson Enterprises, LLC, Atlantic Specialty Insurance Company. (Simon, James) (Modified on 3/9/2021 to add party filers) (ts).
February 24, 2021 Filing 24 MEMORANDUM OF LAW by Johnson Controls, Inc. in support of #23 MOTION by Johnson Controls, Inc. to Dismiss Fourth Cause of Action #16 Amended Complaint (Tinney, John)
February 24, 2021 Filing 23 MOTION by Johnson Controls, Inc. to Dismiss Fourth Cause of Action #16 Amended Complaint. (Tinney, John) (Modified on 2/25/2021 to add link to #16 amended complaint) (ts).
February 24, 2021 Filing 22 ANSWER TO #16 AMENDED COMPLAINT by Johnson Controls, Inc. (Attachment : #1 Civil Cover Sheet)(Tinney, John) (Modified on 2/25/2021 to add link to #16 amended complaint) (ts).
February 23, 2021 Filing 21 ANSWER to #16 Amended Complaint by A.O. Smith Corporation (Simon, James) (Modified on 2/24/2021 to convert event to answer to complaint) (ts).
February 19, 2021 RESET ANSWER DEADLINE as to Johnson Controls, Inc. for 2/24/2021 pursuant to #19 Stipulation. (ts)
February 19, 2021 Filing 20 ANSWER TO #16 AMENDED COMPLAINT With Jury Demand by Ferguson Enterprises, LLC.(Slicer, William) (Modified on 2/22/2021 to add link to #16 amended complaint and to add jury demand) (ts).
February 19, 2021 Filing 19 STIPULATION by Johnson Controls, Inc., City of South Charleston to Extend Time to File Answer, Move or Otherwise Respond to #16 Amended Complaint to February 24, 2021 (Tinney, John) (Modified on 2/22/2021 to add link to #16 amended complaint, convert event to stipulation, terminate motion and to add party filer) (ts).
February 18, 2021 Filing 18 ANSWER TO #16 AMENDED COMPLAINT With Jury Demand by Atlantic Specialty Insurance Company.(Burns, John) (Modified on 2/19/2021 to add link to #16 amended complaint and to add jury demand) (ts).
February 11, 2021 Filing 17 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Atlantic Specialty Insurance Company (Burns, John)
February 9, 2021 Filing 16 AMENDED COMPLAINT With Jury Demand by City of South Charleston against Johnson Controls, Inc., A.O. Smith Corporation, Ferguson Enterprises, LLC and Atlantic Specialty Insurance Company (Del Giudice, Michael) (Modified on 2/10/2021 to convert event to amended complaint and to add jury demand) (ts).
February 3, 2021 Opinion or Order Filing 15 AGREED ORDER TO SUBSTITUTE PARTY directing Atlantic Specialty Insurance Company be substituted for Bedivere Insurance Company d/b/a Once Beacon Insurance Company and amending the case caption; and allowing the filing on an amended complaint. Signed by Judge Thomas E. Johnston on 2/3/2021. (cc: counsel of record) (lca)
February 2, 2021 Filing 14 PROPOSED ORDER Agreed Order to Substitute Party by Bedivere Insurance Company, City of South Charlston (Burns, John) (Modified on 2/3/2021 to add party filer) (ts).
January 29, 2021 Filing 13 STIPULATION OF ENLARGEMENT OF TIME for Bedivere Insurance Company to answer, move or otherwise plead in response to the Complaint Attached to the #1 Notice of Removal to 2/19/2021 by Bedivere Insurance Company, City of South Charleston. (Burns, John) (Modified on 1/29/2021 to add party filer and to add link to #1 notice of removal) (kew).
January 29, 2021 SET ANSWER DEADLINE for Bedivere Insurance Company to 2/19/2021. (kew)
January 28, 2021 Filing 12 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Ferguson Enterprises, LLC. (Attachment: #1 Civil Cover Sheet)(Slicer, William)
January 27, 2021 RESET ANSWER DEADLINE as to Johnson Controls, Inc. for 2/19/2021 pursuant to #11 Stipulation. (ts)
January 27, 2021 Filing 11 STIPULATION OF ENLARGEMENT OF TIME for Johnson Controls, Inc. to answer, move or otherwise plead to the Complaint Attached to #1 Notice of Removal to February 19, 2021 by Johnson Controls, Inc., City of South Charleston (Bailey, Gene) (Modified on 1/28/2021 to add party filer and to add link to #1 notice of removal)(ts).
January 27, 2021 Filing 10 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant A.O. Smith Corporation (Simon, James)
January 27, 2021 Filing 9 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by A.O. Smith Corporation. (Attachment: #1 Civil Cover Sheet)(Simon, James) (Modified on 1/28/2021 to add link to #1 notice of removal) (ts).
January 26, 2021 Filing 8 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Ferguson Enterprises, LLC (Slicer, William)
January 22, 2021 Filing 7 CONSENT FOR REMOVAL by Bedivere Insurance Company (Bailey, Gene) (Modified on 1/25/2021 to correct party filer) (ts)
January 22, 2021 Filing 6 CONSENT FOR REMOVAL by Ferguson Enterprises, LLC (Bailey, Gene) (Modified on 1/25/2021 to correct party filer) (ts)
January 22, 2021 Filing 5 CONSENT FOR REMOVAL by A.O. Smith Corporation (Bailey, Gene) (Modified on 1/25/2021 to correct party filer) (ts)
January 22, 2021 Filing 4 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Johnson Controls, Inc. (Bailey, Gene)
January 22, 2021 Opinion or Order Filing 3 ORDER AND NOTICE: Rule 12(b) Motions 2/15/2021. Rule 26(f) Meeting 3/1/2021. Last day to file report of Rule 26(f) Meeting 3/8/2021. Telephonic Scheduling Conference at 3:00 PM on 3/15/2021. Entry of Scheduling Order 3/19/2021. Last Day to make Rule 26(a)(1) disclosures 3/29/2021. Signed by Judge Thomas E. Johnston on 1/22/2021. (cc: counsel of record; any unrepresented party) (kew)
January 21, 2021 Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)
January 20, 2021 CASE assigned to Judge Thomas E. Johnston. (klc)
January 20, 2021 Filing 1 NOTICE OF REMOVAL by Johnson Controls, Inc. with summons, complaint, docket sheet from Circuit Court of Kanawha County. Filing Fee $402.00. Receipt #AWVSDC-7857989. (Attachments: #1 Exhibits A-C, #2 Civil Cover Sheet) (ts)

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Defendant: Johnson Controls, Inc.
Represented By: Gene W. Bailey, II
Represented By: John H. Tinney, Jr.
Represented By: John K. Cecil
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Defendant: Ferguson Enterprises, LLC
Represented By: William R. Slicer
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Defendant: A.O. Smith Corporation
Represented By: Edward W. Rugeley, III
Represented By: James Simon
Represented By: Andrew P. Arbogast
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Defendant: Bedivere Insurance Company a Pennsylvania insurance company doing business as Onebeacon Insurance Company
Represented By: John William Burns
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Defendant: Atlantic Specialty Insurance Company
Represented By: John William Burns
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Plaintiff: City of South Charleston
Represented By: Michael J. Del Giudice
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