Quinn v. Zerkle et al
Plaintiff: Taylor Quinn
Defendant: Lt. Christopher K. Zerkle, Sgt. Paxton Lively, Sgt. Rick Keglor, Deputy Brandon Kay and Deputy Jamie Miller
Consolidated Plaintiff: Mark Toon and Eric Toon
Case Number: 2:2021cv00421
Filed: July 28, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2021 Opinion or Order Filing 24 REPLY by Brandon Kay, Rick Keglor, Paxton Lively, Jamie Miller to #22 Response In Opposition. (Hill, Cy) (Modified on 9/22/2021 to remove link to #16 motion) (kew).
September 14, 2021 Opinion or Order Filing 23 REPLY by Christopher K. Zerkle to #15 MOTION by Christopher K. Zerkle to Dismiss With Prejudice. (Parsons, Colton)
September 14, 2021 Opinion or Order Filing 22 RESPONSE by Eric Toon, Mark Toon in opposition to #16 MOTION by Brandon Kay, Rick Keglor, Paxton Lively, Jamie Miller to Dismiss With Prejudice. (Adams, Benjamin)
September 10, 2021 Opinion or Order Filing 21 CERTIFICATE OF SERVICE by Christopher K. Zerkle for Rule 26(a)(1) Disclosures. (Parsons, Colton)
September 7, 2021 Opinion or Order Filing 20 SCHEDULING ORDER directing that the scheduling conference previously set for 9/16/2021 is cancelled and that this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 12/1/2021. Last date to serve discovery requests - 1/28/2022. All discovery to be completed - 2/25/2022. Last date to complete depositions - 3/18/2022. Opening Rule 26 expert disclosures - 1/3/2022. Responsive Rule 26 expert disclosures - 2/1/2022. Rebuttal Rule 26 expert disclosure - 2/15/2022. Dispositive motions deadline - 4/15/2022. Responses to dispositive motions are due within 14 days, with replies due within 7 days. Settlement Meeting must be held 45 days prior to Pretrial Conference. Mediation must be concluded 30 days prior to Pretrial Conference. A written status report is due within 5 days of completion of mediation. If the case is not settled, all Rule 26(a)(3) disclosures are due 30 days prior to Pretrial Conference. Motions in limine deadline - 5/6/2022. Responses for motions in limine - 5/13/2022. Proposed voir dire, jury instructions, and verdict form - 6/27/2022. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 6/16/2022, Integrated pretrial order - 6/23/2022. Pretrial Conference/Final Settlement Conference on 6/30/2022 at 1:30 PM. Trial on 7/18/2022 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 9/7/2021. (cc: counsel of record; any unrepresented party) (mfo)
September 7, 2021 Opinion or Order Filing 19 ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b) directing that the following procedures herein shall govern the inadvertent production of privileged or confidential documents. Signed by Judge Irene C. Berger on 9/7/2021. (cc: counsel of record; any unrepresented party) (ts)
September 7, 2021 Opinion or Order Filing 18 ORDER SETTING DEPOSITION PROTOCOL the parties have agreed to a protocol governing the taking of depositions in this case; directing that the following protocol shall be followed with all depositions conducted herein. Signed by Judge Irene C. Berger on 9/7/2021. (cc: counsel of record) (ts)
September 7, 2021 Opinion or Order Filing 17 PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Judge Irene C. Berger on 9/7/2021. (cc: counsel of record; any unrepresented party) (ts)
September 7, 2021 Opinion or Order Filing 16 MOTION by Brandon Kay, Rick Keglor, Paxton Lively, Jamie Miller to Dismiss Complaint filed in 2:21-cv-00427; motion originally filed in Toon et al v. Zerkle et al on 8/31/2021. (Attachment: #1 Exhibit 1) (ts)
September 7, 2021 Opinion or Order Filing 15 PARTIAL MOTION by Christopher K. Zerkle to Dismiss Complaint filed in 2:21-cv-00427; motion originally filed in Toon et al v. Zerkle et al on 8/24/2021. (ts)
September 7, 2021 Opinion or Order Filing 14 ORDER The Court ORDERS that the #13 Memorandum Opinion and Order remain effective following consideration of Plaintiff's #12 Response in Opposition to Defendants' Joint Motion to Consolidate. Should either party believe separate trials to be appropriate as evidence and legal strategies develop through pretrial proceedings, the Court will carefully consider any motion in light of the applicable legal standard. Signed by Judge Irene C. Berger on 9/7/2021. (cc: counsel of record; any unrepresented party) (arb)
September 7, 2021 Opinion or Order Filing 13 MEMORANDUM OPINION AND ORDER granting Defendants' #7 JOINT MOTION to Consolidate and JOINT MOTION to Consolidate (Document 6 in Civil Action No. 2:21-cv-00427) be GRANTED; directing that Mark Toon, et. al. v. Lt. Christopher K. Zerkle, et. al., Civil Action No. 2:21-cv-00427, be CONSOLIDATED with Taylor Quinn v. Lt. Christopher K. Zerkle, et. al., Civil Action No. 2:21-cv-00421, that Civil Action No. 2:21-cv-00421 be designated as the lead case, and that this action proceed under that case style, with both cases assigned to the undersigned. Signed by Judge Irene C. Berger on 9/7/2021. (cc: counsel of record; any unrepresented party) (msa)
September 7, 2021 Opinion or Order Filing 12 RESPONSE by Taylor Quinn in opposition to #7 JOINT MOTION by Christopher K. Zerkle, Paxton Lively, Rick Keglor, Brandon Kay, Jamie Miller to Consolidate Cases 2:21-cv-00421 and 2:21-cv-00427 (Attachment: #1 Exhibit 1)(Adams, Benjamin)
September 7, 2021 Opinion or Order THIS CASE HAS BEEN CONSOLIDATED WITH 2:21-CV-00427 AS OF SEPTEMBER 7, 2021. ALL FURTHER ENTRIES SHALL BEDOCKETED HEREIN. (ts)
September 1, 2021 Opinion or Order Filing 11 PROPOSED ORDER Protective Order by Christopher K. Zerkle, Taylor Quinn, Paxton Lively, Rick Keglor, Brandon Kay, Jamie Miller. (Parsons, Colton) (Modified on 9/1/2021 to add party filers) (kew).
September 1, 2021 Opinion or Order Filing 10 PROPOSED ORDER Order Setting Deposition Protocol by Christopher K. Zerkle, Taylor Quinn, Paxton Lively, Rick Keglor, Brandon Kay, Jamie Miller. (Parsons, Colton) (Modified on 9/1/2021 to add party filers) (kew).
September 1, 2021 Opinion or Order Filing 9 PROPOSED ORDER Order Governing the Inadvertent Disclosure of Documents or Other Material Under Rule 502(b) by Christopher K. Zerkle, Taylor Quinn, Paxton Lively, Rick Keglor, Brandon Kay, Jamie Miller. (Parsons, Colton) (Modified on 9/1/2021 to add party filers) (kew).
September 1, 2021 Opinion or Order Filing 8 RULE 26(f) REPORT OF PLANNING MEETING by Christopher K. Zerkle, Taylor Quinn, Paxton Lively, Rick Keglor, Brandon Kay, Jamie Miller. (Parsons, Colton) (Modified on 9/1/2021 to add party filers) (kew).
August 24, 2021 Opinion or Order Filing 7 JOINT MOTION by Christopher K. Zerkle, Paxton Lively, Rick Keglor, Brandon Kay, Jamie Miller to Consolidate Cases 2:21-cv-00421 and 2:21-cv-00427. (Attachment: #1 Exhibit 1)(Mullins, Michael) (Modified on 8/25/2021 to add party filers) (kew).
August 17, 2021 Opinion or Order Filing 6 RESPONSE by Taylor Quinn in opposition to #4 MOTION by Brandon Kay, Rick Keglor, Paxton Lively, Jamie Miller to Dismiss Amended Complaint (Adams, Benjamin)
August 3, 2021 Opinion or Order Filing 5 MEMORANDUM OF LAW by Brandon Kay, Rick Keglor, Paxton Lively, Jamie Miller in support of #4 MOTION by Brandon Kay, Rick Keglor, Paxton Lively, Jamie Miller to Dismiss Amended Complaint. (Hill, Cy)
August 3, 2021 Opinion or Order Filing 4 MOTION by Brandon Kay, Rick Keglor, Paxton Lively, Jamie Miller to Dismiss Amended Complaint Attached to #1 Joint Notice of Removal. (Hill, Cy) (Modified on 8/4/2021 to add link to #1 notice of removal) (kew).
July 30, 2021 Opinion or Order Filing 3 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 8/19/2021. Last day for Rule 26(f) meeting - 8/26/2021. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 9/2/2021. Scheduling Conference at 3:00 PM in Charleston, West Virginia on 9/16/2021, before the undersigned, unless cancelled. Entry of Scheduling Order - 9/23/2021. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 9/30/2021. Signed by Judge Irene C. Berger on 7/30/2021. (cc: counsel of record; any unrepresented party) (mfo)
July 29, 2021 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)
July 28, 2021 Opinion or Order Filing 1 JOINT NOTICE OF REMOVAL by Lt. Christopher K. Zerkle, Sgt. Paxton Lively, Sgt. Rick Keglor, Deputy Brandon Kay and Deputy Jamie Miller with summons, complaint, amended complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $402.00. Receipt #AWVSDC-7998223. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (mms)
July 28, 2021 Opinion or Order CASE assigned to Judge Irene C. Berger. (klc)

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Search for this case: Quinn v. Zerkle et al
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Plaintiff: Taylor Quinn
Represented By: Alexander D. McLaughlin
Represented By: Benjamin D. Adams
Represented By: L. Dante DiTrapano
Represented By: W. Jesse Forbes
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Defendant: Lt. Christopher K. Zerkle
Represented By: Allison M. Subacz
Represented By: Colton Chase Parsons
Represented By: Cy A. Hill, Jr.
Represented By: Michael D. Mullins
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Defendant: Sgt. Paxton Lively
Represented By: Allison M. Subacz
Represented By: Colton Chase Parsons
Represented By: Cy A. Hill, Jr.
Represented By: Michael D. Mullins
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Defendant: Sgt. Rick Keglor
Represented By: Allison M. Subacz
Represented By: Colton Chase Parsons
Represented By: Cy A. Hill, Jr.
Represented By: Michael D. Mullins
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Defendant: Deputy Brandon Kay
Represented By: Allison M. Subacz
Represented By: Colton Chase Parsons
Represented By: Cy A. Hill, Jr.
Represented By: Michael D. Mullins
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Defendant: Deputy Jamie Miller
Represented By: Allison M. Subacz
Represented By: Colton Chase Parsons
Represented By: Cy A. Hill, Jr.
Represented By: Michael D. Mullins
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Consolidated plaintiff: Mark Toon
Represented By: Alexander D. McLaughlin
Represented By: Benjamin D. Adams
Represented By: L. Dante DiTrapano
Represented By: W. Jesse Forbes
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Consolidated plaintiff: Eric Toon
Represented By: Alexander D. McLaughlin
Represented By: Benjamin D. Adams
Represented By: L. Dante DiTrapano
Represented By: W. Jesse Forbes
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