Adkins v. BioTE Medical, LLC
Plaintiff: Richard Adkins
Defendant: BioTE Medical, LLC, William Jarrod Chapman and Living Well Medical Center, PLLC
Case Number: 2:2021cv00636
Filed: December 6, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2022 Opinion or Order Filing 38 ACKNOWLEDGEMENT by Clerk, Circuit Court of Kanawha County, West Virginia, of receipt of case file pursuant to the #36 Memorandum Opinion and Order remanding this civil action. (kew)
March 25, 2022 Opinion or Order Filing 37 LETTER to Clerk, Circuit Court of Kanawha County, West Virginia, from Clerk, USDC/SDWV dated 3/25/2022, re: transmitting case file pursuant to the Court's #36 Memorandum Opinion and Order entered 3/25/2022, remanding this civil action. (kew)
March 25, 2022 Opinion or Order Filing 36 MEMORANDUM OPINION AND ORDER granting #20 MOTION by Richard Adkins to Remand Case to Circuit Court of Kanawha County; directing that Dr. Chapman and LWMC be joined as Defendants; and that this case be REMANDED to the Circuit Court of Kanawha County, West Virginia, for further proceedings. Signed by Judge Irene C. Berger on 3/25/2022. (cc: Clerk of the Circuit Court of Kanawha County, West Virginia; counsel of record; any unrepresented party) (kew)
March 9, 2022 Opinion or Order Filing 35 REPLY by BioTE Medical, LLC to #31 Response In Opposition. (Weaver, Kurt)
March 8, 2022 Opinion or Order Filing 34 REPLY by Richard Adkins to #30 Memorandum In Opposition. (Headley, Brian)
March 8, 2022 Opinion or Order Filing 33 ORDER denying the parties' #32 JOINT MOTION for Extension of Time to File Responses. Signed by Judge Irene C. Berger on 3/8/2022. (cc: counsel of record; any unrepresented party) (mk)
March 7, 2022 Opinion or Order Filing 32 JOINT MOTION by BioTE Medical, LLC, Richard Adkins for Extension of Time to File Responses to the #30 Memorandum In Opposition and #31 Response In Opposition. (Weaver, Kurt) (Modified on 3/8/2022 to add party filer) (kew).
March 2, 2022 Opinion or Order Filing 31 RESPONSE by Richard Adkins in opposition to #22 SECOND MOTION by BioTE Medical, LLC to Dismiss #7 Amended Complaint (Headley, Brian)
March 1, 2022 Opinion or Order Filing 30 MEMORANDUM by BioTE Medical, LLC in opposition to #20 MOTION by Richard Adkins to Remand Case to Circuit Court of Kanawha County (Weaver, Kurt)
February 24, 2022 Opinion or Order Filing 29 CERTIFICATE OF SERVICE by William Jarrod Chapman, Living Well Medical Center, PLLC for Supplemental Rule 26(a)(1) Initial Disclosures. (Malone, Amy)
February 22, 2022 Opinion or Order Filing 28 ORDER granting parties' #26 JOINT MOTION for Extension of Time to File Responses. Defendant's responses to the #20 Motion to Remand is due 3/1/2022. Plaintiff's responses to the #22 Motion to Dismiss is due 3/2/2022. Signed by Judge Irene C. Berger on 2/22/2022. (cc: counsel of record; any unrepresented party) (lca)
February 18, 2022 Opinion or Order Filing 27 CERTIFICATE OF SERVICE by William Jarrod Chapman, Living Well Medical Center, PLLC for Rule 26(a)(1) Initial Disclosures. (Malone, Amy)
February 18, 2022 Opinion or Order Filing 26 JOINT MOTION by BioTE Medical, LLC, Richard Adkins for Extension of Time to File Responses to the #20 Motion to Remand Case to Circuit Court of Kanawha County and the #22 Second Motion to Dismiss #7 Amended Complaint. (Weaver, Kurt) (Modified on 2/18/2022 to add party filer) (kew).
February 17, 2022 Opinion or Order Filing 25 CERTIFICATE OF SERVICE by BioTE Medical, LLC for Rule 26(a)(1) Initial Disclosures. (Weaver, Kurt)
February 17, 2022 Opinion or Order Filing 24 AMENDED CERTIFICATE OF SERVICE by Richard Adkins for Rule 26(a)(1) Initial Disclosures. (Headley, Brian)
February 10, 2022 Opinion or Order Filing 23 MEMORANDUM by BioTE Medical, LLC in support of #22 SECOND MOTION by BioTE Medical, LLC to Dismiss #7 Amended Complaint. (Weaver, Kurt)
February 10, 2022 Opinion or Order Filing 22 SECOND MOTION by BioTE Medical, LLC to Dismiss #7 Amended Complaint. (Weaver, Kurt) (Modified on 2/11/2022 to add link to #7 amended complaint) (kew).
February 10, 2022 Opinion or Order Filing 21 MEMORANDUM OF LAW by Richard Adkins in support of #20 MOTION by Richard Adkins to Remand Case to Circuit Court of Kanawha County. (kew)
February 10, 2022 Opinion or Order NOTICE OF DOCKET CORRECTION re: #20 Motion to Remand. ERROR: Memorandum in support attached to motion. CORRECTION: Memorandum removed and filed at entry #21. (kew)
February 9, 2022 Opinion or Order Filing 20 MOTION by Richard Adkins to Remand Case to Circuit Court of Kanawha County (Attachment: #1 Exhibit A)(Headley, Brian) (Modified on 2/10/2022 to remove memorandum in support and file at entry #21) (kew).
January 24, 2022 Opinion or Order Filing 19 ANSWER TO #7 Amended Complaint with Jury Demand by William Jarrod Chapman, Living Well Medical Center, PLLC. (Malone, Amy) (Modified on 1/25/2022 to add jury demand) (kew).
January 21, 2022 Opinion or Order Filing 18 ORDER granting the #16 Motion for Extension; the deadline to answer is extended to 2/10/2022; further directing the #4 Motion to Dismiss be terminated as moot. Signed by Judge Irene C. Berger on 1/21/2022. (cc: counsel of record; any unrepresented party) (lca)
January 21, 2022 Opinion or Order Filing 17 SCHEDULING ORDER directing that the Scheduling Conference previously scheduled for 2/3/2022 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 3/7/2022. Last date to serve discovery requests - 7/29/2022. All discovery to be completed - 9/9/2022. Last date to complete depositions - 10/21/2022. Opening Rule 26 expert disclosures - 7/15/2022. Responsive Rule 26 expert disclosures - 8/26/2022. Rebuttal Rule 26 expert disclosure - 10/7/2022. Dispositive motions deadline - 12/2/2022. 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 - 2/10/2023. Responses for motions in limine - 2/17/2023. Proposed voir dire, jury instructions, and verdict form - 4/10/2023. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 4/5/2023, Integrated pretrial order - 4/12/2023. Pretrial Conference/Final Settlement Conference on 4/19/2023 at 11:00 AM. Trial on 5/1/2023 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 1/21/2022. (cc: counsel of record; any unrepresented party) (mfo)
January 20, 2022 Opinion or Order Filing 16 MOTION by BioTE Medical, LLC for Extension of Time to Answer or Otherwise Respond to the #7 Amended Complaint. (Weaver, Kurt)
January 20, 2022 Opinion or Order Filing 15 RULE 26(f) REPORT OF PLANNING MEETING by BioTE Medical, LLC, Richard Adkins. (Weaver, Kurt) (Modified on 1/21/2022 to add party filer) (kew).
January 13, 2022 Opinion or Order Filing 14 ORDER denying #13 JOINT MOTION to Continue. Signed by Judge Irene C. Berger on 1/13/2022. (cc: counsel of record; any unrepresented party) (lca)
January 13, 2022 Opinion or Order Filing 13 JOINT MOTION by BioTE Medical, LLC, Richard Adkins to Continue the Rule 26(f) Conference Deadline and Scheduling Conference re: #3 Order and Notice. (Weaver, Kurt) (Modified on 1/14/2022 to add link to #3 order and notice and to add party filer) (kew).
January 12, 2022 Opinion or Order Filing 12 ELECTRONIC SUMMONS ISSUED as to William Jarrod Chapman, Living Well Medical Center, PLLC, re: #7 Amended Complaint. Summons returnable 14 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). (Attachment: #1 Summons Issued as to William Jarrod Chapman) (kew)
January 11, 2022 Opinion or Order Filing 11 SUMMONS SUBMITTED by Richard Adkins for Living Well Medical Center, PLLC, re: #7 Amended Complaint. (Headley, Brian) (Modified on 1/12/2022 to add link to #7 amended complaint) (kew).
January 11, 2022 Opinion or Order Filing 10 SUMMONS SUBMITTED by Richard Adkins for William Jarrod Chapman, re: #7 Amended Complaint. (Headley, Brian) (Modified on 1/12/2022 to add link to #7 amended complaint) (kew).
January 10, 2022 Opinion or Order Filing 9 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 1/10/2022 to remove incorrect form) (kew).
January 10, 2022 Opinion or Order Filing 8 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 1/10/2022 to remove incorrect form) (kew).
January 10, 2022 Opinion or Order Filing 7 AMENDED COMPLAINT by Richard Adkins against BioTE Medical, LLC, William Jarrod Chapman, Living Well Medical Center, PLLC. (kew)
January 10, 2022 Opinion or Order NOTICE OF DOCKET CORRECTION re: #8 and #9 Summonses Submitted. ERROR: Incorrect form filed. CORRECTION: Images removed. (kew)
January 5, 2022 Opinion or Order Filing 6 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant BioTE Medical, LLC (Weaver, Kurt)
December 29, 2021 Opinion or Order NOTICE OF DOCKET CORRECTION re: #4 Motion by BioTE Medical, LLC to Dismiss Complaint Attached to #1 Notice of Removal. ERROR: Incorrect image attached. CORRECTION: Image replaced. (mk)
December 27, 2021 Opinion or Order Filing 5 MEMORANDUM by BioTE Medical, LLC in support of #4 MOTION by BioTE Medical, LLC to Dismiss Complaint. (Weaver, Kurt)
December 27, 2021 Opinion or Order Filing 4 MOTION by BioTE Medical, LLC to Dismiss Complaint Attached to #1 Notice of Removal. (Weaver, Kurt) (Modified on 12/28/2021 to add link to #1 notice of removal) (kew). (Modified on 12/29/2021 to replace image) (mk).
December 8, 2021 Opinion or Order Filing 3 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 1/6/2022. Last day for Rule 26(f) meeting - 1/13/2022. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 1/20/2022. Scheduling Conference at 3:30 PM in Charleston, West Virginia on 2/3/2022, before the undersigned, unless cancelled. Entry of Scheduling Order - 2/10/2022. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 2/17/2022. Signed by Judge Irene C. Berger on 12/8/2021. (cc: counsel of record; any unrepresented party) (mfo)
December 7, 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)
December 6, 2021 Opinion or Order CASE assigned to Judge Irene C. Berger. (klc)
December 6, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by BioTE Medical, LLC with, complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $402.00. Receipt # AWVSDC-8090455. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 2 Docket sheet from state court, #3 Exhibit 1 complaint filed in state court) (tmr)

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Plaintiff: Richard Adkins
Represented By: Brian J. Headley
Represented By: Jonathan K. Matthews
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Defendant: BioTE Medical, LLC
Represented By: Kurt Douglas Weaver
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Defendant: William Jarrod Chapman
Represented By: Amy Rothman Malone
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Defendant: Living Well Medical Center, PLLC
Represented By: Amy Rothman Malone
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