Deberry v. Gary et al
Plaintiff: David Deberry
Defendant: Correctional Officer Gary, Sergeant Justin Wade, Correctional Officer Doe and West Virginia Division of Corrections and Rehabilitation
Case Number: 2:2022cv00299
Filed: July 21, 2022
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Joseph R Goodwin
Nature of Suit: Prisoner - (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2022 Opinion or Order Filing 13 SCHEDULING ORDER directing that the scheduling conference previously scheduled for 9/19/2022 is cancelled and that this case shall proceed as follows: Amendment of pleadings and joinder of parties - 12/1/2022. Deadline for written discovery requests - 4/3/2023. Expert disclosure by party with burden of proof - 3/20/2023. Expert disclosure by opposing party - 4/18/2023. Expert disclosure for rebuttal purposes - 5/4/2023. Deposition deadline and close of discovery - 5/18/2023. Filing of dispositive motions - 6/7/2023. Responses to dispositive motions - 6/21/2023. Reply to response to dispositive motion - 6/28/2023. Settlement meeting - 7/5/2023. Filing of motions in limine - 8/15/2023. Responses to motions in limine - 8/22/2023. Plaintiff draft of pretrial order to defendant - 8/14/2023. Integrated pretrial order filed by defendant - 8/21/2023. Pretrial conference on 8/31/2023 at 10:00 AM. Proposed jury instructions filed - 9/19/2023. Final settlement conference on 9/25/2023 at 9:00 AM. Trial on 9/26/2023 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 9/13/2022. (cc: counsel of record; any unrepresented parties) (mfo)
September 7, 2022 Opinion or Order Filing 12 RULE 26(f) REPORT OF PLANNING MEETING by Gary, Justin Wade, David Deberry. (Oko-ogua, Suleiman) (Modified on 9/7/2022 to add party filer) (kew).
August 25, 2022 Opinion or Order Filing 11 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Suleiman O. Oko-ogua substituting within-firm representation for Katherine H. Arritt on behalf of Doe, Gary, Justin Wade, West Virginia Division of Corrections and Rehabilitation. (Oko-ogua, Suleiman)
August 25, 2022 Opinion or Order Filing 10 MEMORANDUM OPINION AND ORDER granting #4 Motion to Dismiss; WVDCR is DISMISSED from this case, as set forth more fully herein. Signed by Judge Joseph R. Goodwin on 8/25/2022. (cc: counsel of record; any unrepresented party) (kew)
August 9, 2022 Opinion or Order Filing 9 PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Dwane L. Tinsley on 8/9/2022. (cc: counsel of record and any unrepresented party) (arb)
August 8, 2022 Opinion or Order Filing 8 PROPOSED ORDER Protective Order by West Virginia Division of Corrections and Rehabilitation, Gary, Justin Wade, David Deberry. (Arritt, Katherine) (Modified on 8/10/2022 to add party filers) (kew).
August 5, 2022 Opinion or Order Filing 7 CERTIFICATE OF SERVICE by David Deberry for Interrogatories and Requests for Production of Documents to all Defendants. (Stroebel, Paul)
July 25, 2022 Opinion or Order Filing 6 ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 8/15/2022. Last day for Rule 26(f) meeting - 8/30/2022. Last day to file report of Rule 26(f) meeting - 9/6/2022. Scheduling Conference at 9:00 AM on 9/19/2022 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 9/26/2022. Last day to make Rule 26(a)(1) disclosures - 10/3/2022. Signed by Judge Joseph R. Goodwin on 7/25/2022. (cc: counsel of record; any unrepresented parties) (btm)
July 22, 2022 Opinion or Order Filing 5 MEMORANDUM OF LAW by West Virginia Division of Corrections and Rehabilitation in support of #4 MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss Complaint. (Arritt, Katherine)
July 22, 2022 Opinion or Order Filing 4 MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss Complaint Attached to #1 Notice of Removal. (Arritt, Katherine) (Modified on 7/25/2022 to add link to #1 notice of removal) (kew).
July 22, 2022 Opinion or Order Filing 3 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Gary, Justin Wade. (Arritt, Katherine) (Modified on 7/25/2022 to add link to #1 notice of removal and jury demand) (kew).
July 22, 2022 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 21, 2022 Opinion or Order CASE assigned to Judge Joseph R. Goodwin. (klc)
July 21, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by Justin Wade, Gary with summons, complaint, docket sheet and Notice of Filing of Removal from the Circuit Court of Kanawha County. Filing Fee $402.00. Receipt #AWVSDC-8234090. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet) (mfo)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the West Virginia Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Deberry v. Gary et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: David Deberry
Represented By: Paul M. Stroebel
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Correctional Officer Gary
Represented By: John P. Fuller
Represented By: Katherine H. Arritt
Represented By: Suleiman O. Oko-ogua
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sergeant Justin Wade
Represented By: John P. Fuller
Represented By: Katherine H. Arritt
Represented By: Suleiman O. Oko-ogua
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Correctional Officer Doe
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: West Virginia Division of Corrections and Rehabilitation
Represented By: John P. Fuller
Represented By: Suleiman O. Oko-ogua
Represented By: Katherine H. Arritt
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?