Quinn v. Zerkle et al
| Taylor Quinn |
| Lt. Christopher K. Zerkle, Sgt. Paxton Lively, Sgt. Rick Keglor, Deputy Brandon Kay and Deputy Jamie Miller |
| Mark Toon and Eric Toon |
| 2:2021cv00421 |
| July 28, 2021 |
| US District Court for the Southern District of West Virginia |
| Irene C Berger |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.
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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).
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Filing 23
REPLY by Christopher K. Zerkle to #15 MOTION by Christopher K. Zerkle to Dismiss With Prejudice. (Parsons, Colton)
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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)
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Filing 21
CERTIFICATE OF SERVICE by Christopher K. Zerkle for Rule 26(a)(1) Disclosures. (Parsons, Colton)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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THIS CASE HAS BEEN CONSOLIDATED WITH 2:21-CV-00427 AS OF SEPTEMBER 7, 2021. ALL FURTHER ENTRIES SHALL BEDOCKETED HEREIN. (ts)
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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).
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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).
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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).
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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).
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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).
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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)
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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)
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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).
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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)
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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)
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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)
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CASE assigned to Judge Irene C. Berger. (klc)
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