Toon et al v. Zerkle et al
| Mark Toon and Eric Toon |
| Lt. Christopher K. Zerkle, Sgt. Paxton Lively, Sgt. Rick Keglor, Deputy Brandon Kay and Deputy Jamie Miller |
| 2:2021cv00427 |
| July 30, 2021 |
| US District Court for the Southern District of West Virginia |
| Irene C Berger |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
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 15
RESPONSE by Mark Toon in opposition to #8 PARTIAL MOTION by Christopher K. Zerkle to Dismiss #1 Complaint (Adams, Benjamin)
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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)
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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)
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CASES ASSOCIATED: Create association to 2:21-cv-00421. (ts)
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THIS CASE HAS BEEN CONSOLIDATED WITH 2:21-cv-00421 AS OF SEPTEMBER 7, 2021. ALL FURTHER ENTRIES SHALL BE DOCKETED THEREIN. (ts)
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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)
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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).
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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)
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Filing 9
MEMORANDUM by Christopher K. Zerkle in support of #8 PARTIAL MOTION by Christopher K. Zerkle to Dismiss #1 Complaint. (Mullins, Michael)
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Filing 8
PARTIAL MOTION by Christopher K. Zerkle to Dismiss #1 Complaint. (Mullins, Michael)
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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).
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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).
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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).
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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)
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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).
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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)
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CASE assigned to Judge Joseph R. Goodwin. (klc)
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Filing 1
COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8000709. (Attachment: #1 Civil Cover Sheet) (mms)
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