Toon et al v. Zerkle et al
Plaintiff: Mark Toon and Eric Toon
Defendant: Lt. Christopher K. Zerkle, Sgt. Paxton Lively, Sgt. Rick Keglor, Deputy Brandon Kay and Deputy Jamie Miller
Case Number: 2:2021cv00427
Filed: July 30, 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: Both
Docket Report

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

Date Filed Document Text
September 7, 2021 Opinion or Order Filing 15 RESPONSE by Mark Toon in opposition to #8 PARTIAL MOTION by Christopher K. Zerkle to Dismiss #1 Complaint (Adams, Benjamin)
September 7, 2021 Opinion or Order Filing 14 MEMORANDUM OPINION AND ORDER granting Defendants' JOINT MOTION (Document 7 in Civil Action No. 2:21-cv-00421 and #6 JOINT MOTION to Consolidate; 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 13 RESPONSE by Mark Toon in opposition to #6 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 (Attachments: #1 Exhibit 1)(Adams, Benjamin)
September 7, 2021 Opinion or Order CASES ASSOCIATED: Create association to 2:21-cv-00421. (ts)
September 7, 2021 Opinion or Order THIS CASE HAS BEEN CONSOLIDATED WITH 2:21-cv-00421 AS OF SEPTEMBER 7, 2021. ALL FURTHER ENTRIES SHALL BE DOCKETED THEREIN. (ts)
August 31, 2021 Opinion or Order Filing 12 MEMORANDUM OF LAW by Brandon Kay, Rick Keglor, Paxton Lively, Jamie Miller in support of #11 MOTION by Brandon Kay, Rick Keglor, Paxton Lively, Jamie Miller to Dismiss #1 Complaint. (Hill, Cy)
August 31, 2021 Opinion or Order Filing 11 MOTION by Brandon Kay, Rick Keglor, Paxton Lively, Jamie Miller to Dismiss #1 Complaint. (Attachment: #1 Exhibit 1)(Hill, Cy) (Modified on 9/1/2021 to add link to #1 complaint) (kew).
August 30, 2021 Opinion or Order Filing 10 ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 9/14/2021. Last day for Rule 26(f) meeting - 9/27/2021. Last day to file report of Rule 26(f) meeting - 10/4/2021. Scheduling Conference at 11:00 AM on 10/18/2021 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 10/25/2021. Last day to make Rule 26(a)(1) disclosures - 11/1/2021. Signed by Judge Joseph R. Goodwin on 8/30/2021. (cc: counsel of record; any unrepresented parties) (ts)
August 24, 2021 Opinion or Order Filing 9 MEMORANDUM by Christopher K. Zerkle in support of #8 PARTIAL MOTION by Christopher K. Zerkle to Dismiss #1 Complaint. (Mullins, Michael)
August 24, 2021 Opinion or Order Filing 8 PARTIAL MOTION by Christopher K. Zerkle to Dismiss #1 Complaint. (Mullins, Michael)
August 24, 2021 Opinion or Order Filing 7 ANSWER TO #1 Complaint with Jury Demand by Christopher K. Zerkle. (Mullins, Michael) (Modified on 8/25/2021 to add jury demand) (kew).
August 24, 2021 Opinion or Order Filing 6 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 23, 2021 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Cy A. Hill, Jr., Allison M. Subacz on behalf of Paxton Lively, Jamie Miller, Rick Keglor, Brandon Kay. (Hill, Cy) (Modified on 8/23/2021 to add party filers) (kew).
August 6, 2021 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to Brandon Kay, Rick Keglor, Paxton Lively, Jamie Miller, Christopher K. Zerkle, 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 Issued as to Christopher K. Zerkle, #2 Summons Issued as to Jamie Miller, #3 Summons Issued as to Paxton Lively, #4 Summons Issued as to Rick Keglor, #5 Summons Issued as to Brandon Kay, #6 Summons Issued as to Jamie Miller, #7 Summons Issued as to Paxton Lively, #8 Summons Issued as to Rick Keglor) (kew)
August 6, 2021 Opinion or Order Filing 3 SUMMONS SUBMITTED by Mark Toon, Eric Toon for Christopher K. Zerkle, Paxton Lively, Rick Keglor, Brandon Kay, Jamie Miller, Paxton Lively, re: #1 Complaint. (Attachments: #1 Proposed Summons as to Sgt. Paxton Lively, #2 Proposed Summons as to Sgt. Rick Keglor, #3 Proposed Summons as to Deputy Brandon Kay, #4 Proposed Summons as to Deputy Jamie Miller)(DiTrapano, L.) (Modified on 8/6/2021 to add link to #1 complaint and to add party filer) (kew).
August 2, 2021 Opinion or Order 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)
July 30, 2021 Opinion or Order CASE assigned to Judge Joseph R. Goodwin. (klc)
July 30, 2021 Opinion or Order Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8000709. (Attachment: #1 Civil Cover Sheet) (mms)

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