Sunshine v. Jividen et al
| Brianna Ann Sunshine |
| Betsy C. Jividen, Scott Felton, David Defibaugh, Shelby O. Searls and David Proctor |
| 2:2021cv00667 |
| January 5, 2022 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| Irene C Berger |
| Prisoner - (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on August 15, 2022. A more recent docket listing may be available from PACER.
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Filing 63
ORDER granting #62 MOTION by Brianna Ann Sunshine for Extension of Time; directing Plaintiff to file Response to the Defendants' #51 , #54 Motions to Dismiss by 4/25/2022. Defendants will have 7 business days within which to file a Reply to Plaintiff's Response. The Clerk is directed to send a copy of Document Numbers #51 , #52 , #54 , [54-1] and #55 to Plaintiff. Signed by Magistrate Judge Omar J. Aboulhosn on 3/3/2022. (cc: Plaintiff, pro se; counsel of record) (mk)
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Filing 62
MOTION by Brianna Ann Sunshine for Extension of Time to File Responses to #51 and #54 Motions to Dismiss. Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
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Filing 61
ORDER denying Plaintiff's #60 Motion to Dismiss Defendant David Proctor's #57 Motion to Stay Discovery. Signed by Magistrate Judge Omar J. Aboulhosn on 2/25/2022. (cc: Plaintiff - pro se; counsel of record) (btm)
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Filing 60
MOTION by Brianna Ann Sunshine to Dismiss the #38 MOTION by David Proctor to Stay Discovery During the Pendency of the Motion to Dismiss. Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
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Filing 59
EXHIBITS FF-HH by Brianna Ann Sunshine in support of #1 Complaint. (kew)
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Filing 58
EXHIBIT II by Brianna Ann Sunshine in support of #1 Complaint. (kew)
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Filing 57
ORDER granting #38 MOTION to Stay Discovery, directing that discovery in this matter is stayed and the defendants are not required to respond to previous of future discovery requests pending further order of the Court. Signed by Magistrate Judge Omar J. Aboulhosn on 2/24/2022. (cc: Plaintiff, counsel of record) (lca)
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Filing 56
ORDER directing that Plaintiff respond to the #51 and #54 Motions to Dismiss by 3/25/2022, replies are due 7 business days following service of the response. Signed by Magistrate Judge Omar J. Aboulhosn on 2/24/2022. (cc: Plaintiff, counsel of record) (lca)
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Filing 55
MEMORANDUM OF LAW by David Defibaugh, Betsy C. Jividen, Shelby O. Searls in support of #54 MOTION by David Defibaugh, Betsy C. Jividen, Shelby O. Searls to Dismiss #1 Complaint. (David, Caleb)
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Filing 54
MOTION by David Defibaugh, Betsy C. Jividen, Shelby O. Searls to Dismiss #1 Complaint. (Attachment: #1 Exhibit 1) Motion referred to Magistrate Judge Omar J. Aboulhosn. (David, Caleb)
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Filing 53
LETTER to Brianna Sunshine, from Rory L. Perry II dated 2/23/2022, re: #47 letter requesting updated docket sheet and copy of summonses issued. (klc)
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Filing 52
MEMORANDUM OF LAW by David Proctor in support of #51 MOTION by David Proctor to Dismiss #1 Complaint. (Herrick, Jordan)
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Filing 51
MOTION by David Proctor to Dismiss #1 Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Herrick, Jordan) (Modified on 2/23/2022 to add link to #1 complaint) (kew).
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Filing 50
EXHIBIT DD by Brianna Ann Sunshine in support of #1 Complaint. (kew)
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Filing 49
DECLARATION by Brianna Ann Sunshine. (kew)
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Filing 48
FOURTH REQUEST FOR ADMISSIONS TO SCOTT FELTON by Brianna Ann Sunshine. (kew)
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Filing 47
LETTER to Clerk of Court, from Brianna Ann Sunshine dated 2/15/2022, re: request for updated docket sheet and copy of summonses issued. (kew)
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Filing 46
EXHIBIT CC by Brianna Ann Sunshine in support of #1 Complaint. (kew)
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Filing 45
THIRD REQUEST FOR ADMISSIONS TO SCOTT FELTON by Brianna Ann Sunshine. (kew)
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Filing 44
ANSWER TO #1 Complaint with Jury Demand by Scott Felton. (Murray, William) (Modified on 2/16/2022 to add jury demand) (kew).
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Filing 43
EXHIBITS by David Proctor in support of #38 MOTION by David Proctor to Stay Discovery During the Pendency of the Motion to Dismiss. (Attachment: #1 Exhibit 2)(Herrick, Jordan)
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Filing 42
EXHIBITS AA and BB by Brianna Ann Sunshine in support of #1 Complaint. (tmr)
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Filing 41
EXHIBIT Z by Brianna Ann Sunshine in support of #8 Request for Production of Documents to Scott Felton. (tmr)
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Filing 40
PLAINTIFF'S 2nd REQUEST FOR ADMISSIONS to Defendant Scott Felton by Brianna Ann Sunshine (pro se). (tmr)
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Filing 39
PLAINTIFF'S 1st REQUEST FOR ADMISSIONS to Defendant David Defibaugh by Brianna Ann Sunshine (pro se). (tmr)
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Filing 38
MOTION by David Proctor to Stay Discovery During the Pendency of the Motion to Dismiss. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Herrick, Jordan)
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Filing 37
NOTICE OF APPEARANCE by Jordan K. Herrick, Samuel M. Bloom on behalf of David Proctor. (Herrick, Jordan)
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Filing 36
SECOND REQUEST FOR ADMISSIONS TO SHELBY O. SEARLS by Brianna Ann Sunshine. (kew)
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Filing 35
EXHIBIT Y by Brianna Ann Sunshine in support of #8 Request for Production of Documents to Scott Felton. (kew)
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Filing 34
FIRST REQUEST FOR ADMISSIONS TO DEFENDANT SHELBY O. SEARLS by Brianna Ann Sunshine. (lca)
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Filing 33
FIRST REQUEST FOR ADMISSIONS TO DEFENDANTS' BETSY C. JIVIDEN AND DAVID PROCTOR by Brianna Ann Sunshine. (lca)
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Filing 32
EXHIBITS W-X by Brianna Ann Sunshine in support of #8 Request for Production of Documents to Scott Felton. (Attachments: #1 Exhibit X, #2 Envelope) (kew)
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Filing 31
EXHIBITS P-V by Brianna Ann Sunshine in support of #8 Request for Production of Documents to Scott Felton. (kew)
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Filing 30
SUMMONS ISSUED by the Clerk via Certified Mail, Return Receipt, Restricted Delivery on behalf of Brianna Ann Sunshine for David Defibaugh, Scott Felton, Betsy C. Jividen, David Proctor, Shelby O. Searls, re: #1 Complaint, returnable 21 days. (Attachments: #1 Summons and Return Receipt for Scott Felton, #2 Summons and Return Receipt for Betsy C. Jividen, #3 Summons and Return Receipt for David Proctor, #4 Summons and Return Receipt for Shelby O. Searls) (kew)
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Filing 29
Partial Filing Fee Received: $299.80, Receipt Number CHAR020018. (mfo)
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Filing 28
LETTER to Clerk of Court, from Brianna Ann Sunshine dated 1/14/2022, re: Letter enclosing partial filing fee payment. (mfo)
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Filing 27
DECLARATION Under Penalty of Perjury of Brianna Ann Sunshine. (klc)
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Filing 26
RESPONSE by Brianna Ann Sunshine to the Court's #11 Order. (mfo)
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Filing 25
DECLARATION by Brianna Ann Sunshine. (lca) (Modified on 1/22/2022 to convert event to affidavit) (mk).
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Filing 24
FIRST SET OF INTERROGATORIES TO DAVID DEFIBAUGH by Brianna Ann Sunshine. (kew)
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Filing 23
REQUEST FOR PRODUCTION OF DOCUMENTS by Brianna Ann Sunshine. (kew)
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Filing 22
FIRST SET OF INTERROGATORIES TO DAVID PROCTOR by Brianna Ann Sunshine. (kew)
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Filing 21
FIRST SET OF INTERROGATORIES TO BETSY C. JIVIDEN by Brianna Ann Sunshine. (kew)
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Filing 20
ORDER denying #16 , #17 , #18 Motions for Issuance of Subpoenas; directing the Clerk to send Plaintiff a copy of the "Pro-Se Handbook". Signed by Magistrate Judge Omar J. Aboulhosn on 1/13/2022. (cc: Plaintiff, counsel of record) (lca)
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Filing 19
EXHIBITS K-M by Brianna Ann Sunshine in support of #8 Request for Production of Documents to Scott Felton. (lca)
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Filing 18
MOTION by Brianna Ann Sunshine For Issuance of a Subpoena. Motion referred to Magistrate Judge Omar J. Aboulhosn. (lca)
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Filing 17
MOTION by Brianna Ann Sunshine For Issuance of a Subpoena. Motion referred to Magistrate Judge Omar J. Aboulhosn. (lca)
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Filing 16
MOTION by Brianna Ann Sunshine For Issuance of a Subpoena. Motion referred to Magistrate Judge Omar J. Aboulhosn. (lca)
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Filing 15
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS by Brianna Ann Sunshine. (lca)
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Filing 14
EXHIBITS H-J by Brianna Ann Sunshine in support of #8 Request for Production of Documents to Scott Felton. (kew)
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Filing 13
FIRST SET OF INTERROGATORIES TO DEFENDANT SHELBY O. SEARLS by Brianna Ann Sunshine. (lca)
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Filing 12
FIRST SET OF INTERROGATORIES TO DEFENDANT SCOTT FELTON by Brianna Ann Sunshine. (lca)
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Filing 11
ORDER granting #5 APPLICATION by Brianna Ann Sunshine to Proceed without Prepayment of Fees or Costs; Plaintiff is directed to send payment of the amount of $299.80 within 30 days of the entry of this Order; the Clerk shall issue process promptly upon receipt of Plaintiff's initial partial payment; Plaintiff is required to make monthly payments of 20 percent until she has paid the total filing fee of $350.00; HCC is requested to forward payments from the Plaintiff's account each time the amount exceeds $10; if Plaintiff obtains a recovery in this action, it shall be paid to the Clerk of the Court who shall pay all unpaid costs taxed against Plaintiff. Signed by Magistrate Judge Omar J. Aboulhosn on 1/5/2022. (cc: Plaintiff; counsel of record; officer at the HCC having responsibility for administering prisoner accounts) (kew)
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Filing 10
ORDER directing Exhibit A of the #8 Request for Production of Documents to Scott Felton be filed under SEAL. Signed by Magistrate Judge Omar J. Aboulhosn on 1/4/2022. (cc: Plaintiff) (ts)
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Filing 9
FIRST REQUEST FOR ADMISSIONS by Brianna Ann Sunshine. (ts)
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Filing 8
REQUEST FOR PRODUCTION OF DOCUMENTS TO SCOTT FELTON by Brianna Ann Sunshine. (Attachments: #1 Exhibit A, #2 Envelope, #3 Exhibits B-G ) (klc) (Modified on 1/4/2022 to separate Exhibit A and seal pursuant to #10 order)(ts).
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Filing 7
MOTION by Brianna Ann Sunshine for a Restraining Order. Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
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Filing 6
CONSENT TO COLLECTION OF FEES FROM TRUST ACCOUNT by Brianna Ann Sunshine. (kew)
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Filing 5
APPLICATION by Brianna Ann Sunshine to Proceed without Prepayment of Fees or Costs. (Attachments: #1 Resident Average Balance Statement, #2 Envelope) Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
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Filing 4
ORDER directing Plaintiff to pay the filing and administrative fee or file an Application to Proceed Without Prepayment of Fees or Costs by 1/31/2022; the Clerk is directed to mail a copy of a blank Application to Proceed Without Prepayment of Fees or Costs to Plaintiff. Signed by Magistrate Judge Omar J. Aboulhosn on 12/28/2021. (cc: Plaintiff) (kew)
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Filing 3
MOTION by Brianna Ann Sunshine for Preliminary Injunctions. Motion referred to Magistrate Judge Omar J. Aboulhosn. (kew)
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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 Proposed Findings & Recommendations. (cc: attys; any unrepresented party) (klc)
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CASE assigned to Judge Irene C. Berger. (klc)
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Filing 1
COMPLAINT. (lca)
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