Logan Coal & Timber Corporation v. Kinzer Business Realty, Ltd.
Plaintiff: Logan Coal & Timber Corporation
Defendant: Kinzer Business Realty, Ltd.
Case Number: 2:2021cv00243
Filed: April 16, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Thomas E Johnston
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 7, 2021 Opinion or Order Filing 11 ORDER withdrawing #5 MOTION to Dismiss. Signed by Judge Thomas E. Johnston on 6/7/2021. (cc: counsel of record; any unrepresented party) (tmr)
June 3, 2021 Filing 10 PROPOSED ORDER Stipulation And Order Withdrawing Kinzer Business Realty, Ltd.'S Motion To Dismiss Plaintiff's Complaint by Kinzer Business Realty, Ltd., Logan Coal & Timber Corporation (Van Volkenburg, Jeffrey) (Modified on 6/3/2021 to add party filer) (ts).
June 2, 2021 Opinion or Order Filing 9 SCHEDULING ORDER: The Scheduling Conference previously scheduled for 6/4/2021 is CANCELED and this case shall proceed as follows: Amending the pleadings or joining parties - 6/28/2021. Last date to serve discovery requests - 11/16/2021, and complete all depositions by 1/3/2022. The last date to complete depositions shall be the discovery completion date. Opening Rule 26 expert disclosures - 11/1/2021. Responsive Rule 26 expert disclosures - 12/1/2021. Rebuttal Rule 26 expert disclosure - 12/17/2021. Discovery to close - 1/3/2022. Dispositive motions deadline - 1/24/2022. Response to dispositive motion - 2/7/2022. Reply to response to dispositive motion - 2/14/2022. Settlement meeting - 3/28/2022. Motion in limine deadline - 4/4/2022. Responses for motions in limine - 4/11/2022. Proposed pretrial order to defendant - 3/30/2022. Integrated pretrial order - 4/6/2022. Pretrial Conference on 5/4/2022 at 9:00 AM. Proposed jury charge - 5/10/2022. Final settlement conference on 5/4/2022 at 9:00 AM. Trial on 5/17/2022 at 9:00 AM before the undersigned. Signed by Judge Thomas E. Johnston on 6/2/2021. (cc: counsel of record; any unrepresented party) (mk)
June 1, 2021 Filing 8 RULE 26(f) REPORT OF PLANNING MEETING by Logan Coal & Timber Corporation, Kinzer Business Realty, Ltd. (Dawson, William) (Modified on 6/2/2021 to add party filer) (ts).
May 26, 2021 Filing 7 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Kinzer Business Realty, Ltd. (Van Volkenburg, Jeffrey)
April 23, 2021 Filing 6 MEMORANDUM OF LAW by Kinzer Business Realty, Ltd. in support of #5 MOTION by Kinzer Business Realty, Ltd. to Dismiss Complaint Attached to #1 Notice of Removal. (Van Volkenburg, Jeffrey)
April 23, 2021 Filing 5 MOTION by Kinzer Business Realty, Ltd. to Dismiss Complaint Attached to #1 Notice of Removal. (Attachments: #1 Exhibit A, #2 Exhibit B)(Van Volkenburg, Jeffrey)
April 20, 2021 Opinion or Order Filing 4 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 5/10/2021. Last day for Rule 26(f) meeting - 5/24/2021. Last day to file Report of Parties' Planning Meeting - 6/1/2021. Telephonic Scheduling Conference at 3:00 PM on 6/4/2021, before the undersigned, unless canceled. Entry of Scheduling Order - 6/9/2021. Last day to serve FR Civ P 26(a)(1) disclosures - 6/18/2021. Signed by Judge Thomas E. Johnston on 4/20/2021. (cc: counsel of record; any unrepresented party) (kew)
April 19, 2021 Filing 3 STATE COURT RECORDS from the Circuit Court of MINGO County. Includes: Certified Copy of Circuit Court Docket Sheet (Van Volkenburg, Jeffrey)
April 19, 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)
April 16, 2021 CASE assigned to Chief Judge Thomas E. Johnston. (klc)
April 16, 2021 Filing 1 NOTICE OF REMOVAL by Kinzer Business Realty, Ltd. with summons, complaint and docket sheet from Circuit Court of Mingo County. Filing Fee $402.00. Receipt #AWVSDC-7926698. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Supplement - Certificate of Notice of Filing Notice of Removal, #4 Civil Cover Sheet) (mms)

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Plaintiff: Logan Coal & Timber Corporation
Represented By: William A. Dawson, Jr.
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Defendant: Kinzer Business Realty, Ltd.
Represented By: Jeffrey D. Van Volkenburg
Represented By: Debra Tedeschi Varner
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