Gold v. Joyce et al
Ari Gold |
John Doe No. 3, Thomas Joyce, City of Parkersburg, Jason Matthews, Richard Goff, John Doe No. 1, Bobby McClung, Shane Semones and John Doe No. 2 |
Charlie Piccirillo |
2:2021cv00150 |
March 5, 2021 |
US District Court for the Southern District of West Virginia |
Thomas E Johnston |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
Plaintiff |
Docket Report
This docket was last retrieved on July 18, 2022. A more recent docket listing may be available from PACER.
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Filing 62 MOTION by Ari Gold for Reasonable Attorneys' Fees and Costs. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Labes, Anne) |
Filing 61 PANEL SELECTION REPORT (ts) |
Filing 60 EXHIBIT AND WITNESS LIST FROM JURY TRIAL held 7/11/2022 - 7/12/2022. (Attachments: #1 Exhibit P-1, #2 Exhibit P-1-2, #3 Exhibit P-5-1, #4 Exhibit P-5-2, #5 Exhibit P-5-3, #6 Exhibit P-6-1, #7 Exhibit P-6-2, #8 Exhibit P-6-3, #9 Exhibit P-9) (lca) |
Filing 59 VERDICT FORM - UNREDACTED for Courts Users Only. (lca) |
Filing 58 VERDICT FORM. (lca) |
Filing 57 ORDER granting in part and denying in part Defendants' #24 MOTION in Limine to Exclude Certain Testimony of Wayne White and denying as moot Defendants' identical #21 MOTION in Limine; denying as moot Defendants' #38 AMENDED MOTION for Jury Questionnaires and Jury Panel List; overruling in part, sustaining in part, and otherwise denying as moot Defendants' #44 Objections to Plaintiff's Exhibits 2, 3, 7, and 8 for Jury Trial. Signed by Judge Thomas E. Johnston on 7/13/2022. (cc: counsel of record and any unrepresented party) (arb) |
Filing 56 JUROR SEATING CHART. (lca) |
Filing 55 FINAL JURY INSTRUCTIONS. (lca) |
Filing 54 JUDGMENT ORDER directing that judgment is entered in favor of Plaintiff Ari Gold and against Defendants Thomas Joyce, Shane Semones, Richard Goff, Bobby McClung, and Jason Matthews in accordance with the verdict form. Signed by Judge Thomas E. Johnston on 7/13/2022. (cc: counsel of record; any unrepresented party) (ts) |
Filing 53 JURY TRIAL - COMPLETED (LAST DAY) held by Judge Thomas E. Johnston on 7/12/2022; Court Reporter: Ayme Cochran. (slw) |
Filing 52 JURY STRIKE SHEET (ts) |
Filing 51 CHARGE CONFERENCE held by Judge Thomas E. Johnston on 7/11/2022; Court Reporter: Ayme Cochran. (slw) |
Filing 50 JURY TRIAL - BEGUN (FIRST DAY) held by Judge Thomas E. Johnston on 7/11/2022; Court Reporter: Ayme Cochran. (slw) |
Filing 49 VOIR DIRE HEARING held by Judge Thomas E. Johnston on 7/11/2022; Court Reporter: Ayme Cochran. (slw) |
Filing 48 STATUS CONFERENCE held by Judge Thomas E. Johnston on 7/11/2022; Court Reporter: Ayme Cochran. (slw) |
Filing 47 NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL by Ari Gold for J. Morgan Leach. (Labes, Anne) (Modified on 7/11/2022 to convert event to notice of appearance) (kew). |
Filing 46 NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY on July 12, 2022 at 9:00 a.m. in Charleston. (Subacz, Allison) |
Filing 45 JUROR QUESTIONNAIRES. Jurors are randomly selected as stated in the Courts Plan Prescribing Method for the Composition of Jury Wheels and the Qualification and Random Selection of Grand and Petit Jurors located on our website www.wvsd.uscourts.gov. The number of Qualification Questionnaires transmitted may not reflect the final list of potential jurors to appear in the trial of this matter. A final Persons Attending List of potential jurors will be made available on the day of trial. (klc) |
Filing 44 OBJECTIONS TO PLAINTIFF'S EXHIBITS 2, 3, 7,and 8 for Jury Trial by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones. (Subacz, Allison). |
Filing 43 PROPOSED JURY VERDICT by Defendants Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones (Subacz, Allison) |
Filing 42 PROPOSED JURY INSTRUCTIONS by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones (Subacz, Allison) |
Filing 41 PROPOSED JURY VERDICT by Plaintiff Ari Gold (Labes, Anne) |
Filing 40 PROPOSED JURY INSTRUCTIONS by Ari Gold (Labes, Anne) |
Filing 39 ORDER granting #37 Defendants' MOTION to Obtain Jury Questionnaires and Jury Panel List; all counsel of record may review and have a copy of the questionnaires; following the resolution of this case, counsel is to destroy the jury questionnaires as further directed herein. Signed by Judge Thomas E. Johnston on 7/5/2022. (cc: counsel of record; any unrepresented party) (mfo) |
Filing 38 AMENDED MOTION by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones to Obtain Jury Questionnaires and Jury Panel List. (Subacz, Allison) |
Filing 37 MOTION by City of Parkersburg to Obtain Jury Questionnaires and Jury Panel List. (Subacz, Allison) |
NOTICE OF DOCKET CORRECTION re: #35 and #36 Proposed Exhibits. ERROR: Images are duplicates of the image attached to entry #34. CORRECTION: Duplicate images removed. (kew) |
Filing 36 DUPLICATE IMAGE; SEE ENTRY #34. (Modified on 6/28/2022 to remove image as a duplicate of the image attached to entry #34) (kew). |
Filing 35 DUPLICATE IMAGE; SEE ENTRY #34. (Modified on 6/28/2022 to remove image as a duplicate of the image attached to entry #34) (kew). |
Filing 34 PROPOSED EXHIBITS for Jury Trial by Thomas Joyce, Jason Matthews, Bobby McClung, Richard Goff, Shane Semones. (Subacz, Allison) (Modified on 6/28/2022 to add party filers) (kew). |
Filing 33 PROPOSED EXHIBITS for Jury Trial by Ari Gold. (Labes, Anne) |
Filing 32 ORDER For reasons more fully stated on the record at the pretrial/settlement conference, the trial is reset for 7/11/2022 at 1:30 PM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 6/27/2022. (cc: counsel of record; any unrepresented party) (klc) |
Filing 31 INTEGRATED PRETRIAL ORDER. Signed by Judge Thomas E. Johnston on 6/27/2022. (cc: counsel of record; any unrepresented party) (lca) |
Filing 30 SETTLEMENT CONFERENCE held by Judge Thomas E. Johnston on 6/27/2022; (slw) |
Filing 29 FINAL PRETRIAL CONFERENCE held by Judge Thomas E. Johnston on 6/27/2022; Court Reporter: Ayme Cochran. (slw) |
Filing 28 RESPONSE by Ari Gold in opposition to #24 MOTION by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones in Limine to Exclude Certain Testimony of Wayne White (Labes, Anne) (Modified on 6/14/2022 to remove link to #25 memorandum) (kew). |
Filing 27 PROPOSED INTEGRATED PRETRIAL ORDER by City of Parkersburg, Ari Gold. (Subacz, Allison) (Modified on 6/9/2022 to add party filer) (kew). |
Filing 26 SUPPLEMENTAL SCHEDULING ORDER directing this case shall proceed as follows: Proposed jury charge, Jury Instructions and Verdict Form - 7/5/2022. Proposed Exhibits to be used at Trial - 6/27/2022. Objections to Proposed Exhibits - 7/5/2022. Plaintiff's Interrogatories and Depositions to be used at Trial - 6/27/2022. Defendant's Interrogatories and Depositions to be used at Trial - 7/5/2022. Objections to any Interrogatories and Depositions to be used at Trial. - 7/7/2022. Stipulation of Facts - 6/27/2022. Signed by Judge Thomas E. Johnston on 6/8/2022. (cc: counsel of record; any unrepresented party) (lca) |
Filing 25 MEMORANDUM OF LAW by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones in support of #24 MOTION by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones in Limine to Exclude Certain Testimony of Wayne White (Subacz, Allison) |
Filing 24 MOTION by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones in Limine to Exclude Certain Testimony of Wayne White (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Subacz, Allison) |
Filing 23 EXHIBIT 1 by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones in support of #21 MOTION by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones in Limine to Exclude Certain Testimony of Wayne White (Subacz, Allison) (Modified on 6/7/2022 to correct link) (kew). |
Filing 22 MEMORANDUM OF LAW by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones in support of #21 MOTION by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones in Limine to Exclude Certain Testimony of Wayne White (Subacz, Allison) |
Filing 21 MOTION by Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones in Limine to Exclude Certain Testimony of Wayne White (Subacz, Allison) |
Filing 20 AMENDED SCHEDULING ORDER granting the #19 Joint Motion for Extension of Discovery. Last date to serve discovery requests - 3/27/2022, and complete all depositions by 3/27/2022. Signed by Judge Thomas E. Johnston on 3/14/2022. (cc: counsel of record; any unrepresented party) (lca) |
Filing 19 STIPULATED MOTION by Ari Gold, Thomas Joyce, Bobby McClung, Richard Goff, Jason Matthews, Shane Semones, City of Parkersburg for Extension of Discovery to 3/27/2022 re: #12 Scheduling Order. (Attachment: #1 Proposed Order)(Labes, Anne) (Modified on 3/8/2022 to add link to #12 scheduling order and to add party filers) (kew). |
Filing 18 CERTIFICATE OF SERVICE by City of Parkersburg, Thomas Joyce, Bobby McClung, Richard Goff, Jason Matthews, Shane Semones for Responses to First Request for Production of Documents. (Subacz, Allison) (Modified on 3/1/2022 to add party filers) (kew). |
Filing 17 CERTIFICATE OF SERVICE by Ari Gold for First Requests for Production of Documents and Interrogatories. (Labes, Anne) |
Filing 16 CERTIFICATE OF SERVICE by City of Parkersburg, Thomas Joyce, Bobby McClung, Richard Goff, Jason Matthews, Shane Semones for Preliminary Expert Witness Disclosures. (Subacz, Allison) (Modified on 12/15/2021 to add party filers) (kew). |
Filing 15 NOTICE OF MEDIATION by City of Parkersburg, Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones. (Subacz, Allison) |
Filing 14 CERTIFICATE OF SERVICE by Ari Gold for Rule 26 Initial Disclosures. (Labes, Anne) |
Filing 13 CERTIFICATE OF SERVICE by City of Parkersburg, Thomas Joyce, Bobby McClung, Richard Goff, Jason Matthews, Shane Semones for Initial Rule 26(a)(1) Disclosures. (Subacz, Allison) (Modified on 8/9/2021 to add party filers) (kew). |
Filing 12 SCHEDULING ORDER directing that the Scheduling Conference is CANCELED and that this case shall proceed as follows: Amending the pleadings or joining parties - 8/20/2021. Last date to serve discovery requests - 1/21/2022, and to complete all depositions by 3/7/2022. Opening Rule 26 expert disclosures - 11/12/2021. Responsive Rule 26 expert disclosures - 12/15/2021. Rebuttal Rule 26 expert disclosure - 12/31/2021. Discovery to close - 3/7/2022. Dispositive motions deadline - 3/28/2022. Response to dispositive motion - 4/11/2022. Reply to response to dispositive motion - 4/18/2022. Settlement meeting - 5/30/2022. Motion in limine deadline - 6/6/2022. Responses for motions in limine - 6/13/2022. Proposed pretrial order to defendant - 6/1/2022. Integrated pretrial order - 6/8/2022. Pretrial Conference on 6/27/2022 at 9:30 AM. Proposed jury charge - 7/5/2022. Final settlement conference on 6/27/2022 at 9:30 AM. Trial on 7/12/2022 at 9:00 AM before the undersigned. Signed by Judge Thomas E. Johnston on 7/6/2021. (cc: counsel of record; any unrepresented party) (kew) |
Filing 11 RULE 26(f) REPORT OF PLANNING MEETING by City of Parkersburg, Ari Gold, Thomas Joyce, Bobby McClung, Richard Goff, Jason Matthews, Shane Semones. (Subacz, Allison) (Modified on 7/1/2021 to add party filers) (kew). |
Filing 10 MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' #5 MOTION to Dismiss. Defendants' motion is DENIED as to Gold's claims pursuant to 42 U.S.C. 1983; DENIED as it relates to qualified immunity; and DENIED as to Gold's claim of supervisory liability pursuant to 42 U.S.C. 1983. Defendants' motion to dismiss is GRANTED as to Count IV of this action; Count IV is hereby DISMISSED. Signed by Chief Judge Thomas E. Johnston on 6/24/2021. (cc: counsel of record; any unrepresented party) (arb) |
Filing 9 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 6/28/2021. Last day for Rule 26(f) meeting - 7/12/2021. Last day to file Report of Parties' Planning Meeting - 7/19/2021. Telephonic Scheduling Conference at 3:00 p.m., on 7/23/2021, before the undersigned, unless canceled. Entry of Scheduling Order - 7/28/2021. Last day to serve FR Civ P 26(a)(1) disclosures - 8/6/2021. Signed by Judge Thomas E. Johnston on 6/8/2021. (cc: counsel of record; any unrepresented party) (lca) |
Filing 8 REPLY by City of Parkersburg to #7 Response In Opposition. (Subacz, Allison) |
Filing 7 RESPONSE by Ari Gold in opposition to #5 MOTION by City of Parkersburg, Richard Goff, Thomas Joyce, Bobby McClung, Jason Matthews, Shane Semones to Dismiss With Prejudice #1 Complaint (Labes, Anne) (Modified on 4/15/2021 to remove link to #6 memorandum in support) (ts). |
Filing 6 MEMORANDUM OF LAW by City of Parkersburg, Richard Goff, Thomas Joyce, Bobby McClung, Jason Matthews, Shane Semones in support of #5 MOTION by City of Parkersburg, Richard Goff, Thomas Joyce, Bobby McClung, Jason Matthews, Shane Semones to Dismiss With Prejudice #1 Complaint. (Attachment: #1 Exhibit 1)(Hill, Cy) (Modified on 3/31/2021 to add party filers) (ts). |
Filing 5 MOTION by City of Parkersburg, Richard Goff, Thomas Joyce, Bobby McClung, Jason Matthews, Shane Semones to Dismiss With Prejudice #1 Complaint. (Hill, Cy) (Modified on 3/31/2021 to add link to #1 complaint and to add party filers) (ts). |
Filing 4 SUMMONS RETURNED EXECUTED by Personal Service of #1 Complaint for City of Parkersburg, Richard Goff, Thomas Joyce, Jason Matthews, Bobby McClung, Shane Semones. City of Parkersburg served on 3/10/2021, answer due 3/31/2021; Richard Goff served on 3/10/2021, answer due 3/31/2021; Thomas Joyce served on 3/10/2021, answer due 3/31/2021; Jason Matthews served on 3/10/2021, answer due 3/31/2021; Bobby McClung served on 3/15/2021, answer due 4/5/2021; Shane Semones served on 3/11/2021, answer due 4/1/2021. (Labes, Anne) (Modified on 3/18/2021 to add link to #1 complaint) (ts). |
Filing 3 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) |
CASE assigned to Chief Judge Thomas E. Johnston. (klc) |
Filing 2 ELECTRONIC SUMMONS ISSUED as to City of Parkersburg, Thomas Joyce, Bobby McClung, Richard Goff, Jason Matthews and Shane Semones, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons as to Thomas Joyce, #2 Summons as to Bobby McClung, #3 Summons as to Richard Goff, #4 Summons as to Jason Matthews, #5 Summons as to Shane Semones) (mms) |
Filing 1 COMPLAINT SEEKING DAMAGES AND INJUNCTIVE RELIEF. Filing Fee $402.00. Receipt # AWVSDC-7896720. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (mms) (Modified on 3/8/2021 to replace main image) (ts). |
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