Adkins v. BioTE Medical, LLC
| Richard Adkins |
| BioTE Medical, LLC, William Jarrod Chapman and Living Well Medical Center, PLLC |
| 2:2021cv00636 |
| December 6, 2021 |
| US District Court for the Southern District of West Virginia |
| Irene C Berger |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on March 30, 2022. A more recent docket listing may be available from PACER.
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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)
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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)
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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)
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Filing 35
REPLY by BioTE Medical, LLC to #31 Response In Opposition. (Weaver, Kurt)
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Filing 34
REPLY by Richard Adkins to #30 Memorandum In Opposition. (Headley, Brian)
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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)
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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).
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Filing 31
RESPONSE by Richard Adkins in opposition to #22 SECOND MOTION by BioTE Medical, LLC to Dismiss #7 Amended Complaint (Headley, Brian)
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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)
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Filing 29
CERTIFICATE OF SERVICE by William Jarrod Chapman, Living Well Medical Center, PLLC for Supplemental Rule 26(a)(1) Initial Disclosures. (Malone, Amy)
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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)
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Filing 27
CERTIFICATE OF SERVICE by William Jarrod Chapman, Living Well Medical Center, PLLC for Rule 26(a)(1) Initial Disclosures. (Malone, Amy)
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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).
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Filing 25
CERTIFICATE OF SERVICE by BioTE Medical, LLC for Rule 26(a)(1) Initial Disclosures. (Weaver, Kurt)
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Filing 24
AMENDED CERTIFICATE OF SERVICE by Richard Adkins for Rule 26(a)(1) Initial Disclosures. (Headley, Brian)
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Filing 23
MEMORANDUM by BioTE Medical, LLC in support of #22 SECOND MOTION by BioTE Medical, LLC to Dismiss #7 Amended Complaint. (Weaver, Kurt)
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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).
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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)
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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)
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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).
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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).
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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)
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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)
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Filing 16
MOTION by BioTE Medical, LLC for Extension of Time to Answer or Otherwise Respond to the #7 Amended Complaint. (Weaver, Kurt)
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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).
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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)
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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).
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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)
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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).
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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).
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Filing 9
INCORRECT ENTRY; IMAGE REMOVED. (Modified on 1/10/2022 to remove incorrect form) (kew).
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Filing 8
INCORRECT ENTRY; IMAGE REMOVED. (Modified on 1/10/2022 to remove incorrect form) (kew).
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Filing 7
AMENDED COMPLAINT by Richard Adkins against BioTE Medical, LLC, William Jarrod Chapman, Living Well Medical Center, PLLC. (kew)
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NOTICE OF DOCKET CORRECTION re: #8 and #9 Summonses Submitted. ERROR: Incorrect form filed. CORRECTION: Images removed. (kew)
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Filing 6
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant BioTE Medical, LLC (Weaver, Kurt)
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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)
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Filing 5
MEMORANDUM by BioTE Medical, LLC in support of #4 MOTION by BioTE Medical, LLC to Dismiss Complaint. (Weaver, Kurt)
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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).
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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)
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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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CASE assigned to Judge Irene C. Berger. (klc)
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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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