The County Commission of Fayette County, West Virginia et al v. Gadsden, Gaillard, and West LLC et al
Plaintiff: The County Commission of Fayette County, West Virginia and Ex Rel. Anthony Ciliberti
Defendant: Gadsden, Gaillard, and West LLC and Dennis Eugene West
Case Number: 2:2022cv00441
Filed: October 11, 2022
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Torts to Land
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2022 Opinion or Order Filing 9 SCHEDULING ORDER directing that the scheduling conference previously scheduled for 12/1/2022 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 1/6/2023. Last date to serve discovery requests - 6/14/2023. All discovery to be completed - 7/12/2023. Last date to complete depositions - 8/9/2023. Opening Rule 26 expert disclosures - 5/30/2023. Responsive Rule 26 expert disclosures - 6/30/2023. Rebuttal Rule 26 expert disclosure - 7/31/2023. Dispositive motions deadline - 9/15/2023. 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 - 11/9/2023. Responses for motions in limine - 11/17/2023. Proposed voir dire, jury instructions, and verdict form - 1/8/2024. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 1/4/2024, Integrated pretrial order - 1/11/2024. Pretrial Conference/Final Settlement Conference on 1/18/2024 at 9:00 AM. Trial on 1/29/2024 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 11/16/2022. (cc: counsel of record; any unrepresented party) (mfo)
November 15, 2022 Opinion or Order Filing 8 RULE 26(f) REPORT OF PLANNING MEETING by Gadsden, Gaillard, and West LLC, Dennis Eugene West, County Commission of Fayette County, West Virginia, Anthony Ciliberti. (Titus, Gerald) (Modified on 11/17/2022 to add party filers) (kew).
November 2, 2022 Opinion or Order Filing 7 ORDER granting #6 Joint Motion to Continue Response and Reply Deadlines; directing that any response brief shall be due no later than 14 days after resolution of the motion to remand in Civil Action No. 2:22-cv-449, and a reply brief shall be due no more than 7 days thereafter. Signed by Judge Irene C. Berger on 11/2/2022. (cc: counsel of record; any unrepresented party) (lca)
November 2, 2022 Opinion or Order Filing 6 JOINT MOTION by County Commission of Fayette County, West Virginia, Anthony Ciliberti, Gadsden, Gaillard, and West LLC, Dennis Eugene West to Continue Response and Reply Deadlines re: #4 Motion to Dismiss Verified Complaint. (Callaghan, Michael) (Modified on 11/3/2022 to add link to #4 motion and to add party filers) (kew).
October 18, 2022 Opinion or Order Filing 5 MEMORANDUM OF LAW by Gadsden, Gaillard, and West LLC, Dennis Eugene West in support of #4 MOTION by Gadsden, Gaillard, and West LLC, Dennis Eugene West to Dismiss Verified Complaint. (Titus, Gerald)
October 18, 2022 Opinion or Order Filing 4 MOTION by Gadsden, Gaillard, and West LLC, Dennis Eugene West to Dismiss Verified Complaint Attached to #1 Notice of Removal. (Titus, Gerald) (Modified on 10/19/2022 to add link to #1 notice of removal) (kew).
October 13, 2022 Opinion or Order Filing 3 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 11/3/2022. Last day for Rule 26(f) meeting - 11/10/2022. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 11/17/2022. Scheduling Conference at 2:30 PM in Charleston, West Virginia on 12/1/2022, before the undersigned, unless cancelled. Entry of Scheduling Order - 12/8/2022. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 12/15/2022. Signed by Judge Irene C. Berger on 10/13/2022. (cc: counsel of record; any unrepresented party) (mfo)
October 12, 2022 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)
October 11, 2022 Opinion or Order CASE assigned to Judge Irene C. Berger. (klc)
October 11, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by Dennis Eugene West, Gadsden, Gaillard, and West LLC with summons, verified complaint, and docket sheet from Circuit Court of Fayette County. Filing Fee $402.00. Receipt #AWVSDC-8285146. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (kew)

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Plaintiff: The County Commission of Fayette County, West Virginia
Represented By: Michael O. Callaghan
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Plaintiff: Ex Rel. Anthony Ciliberti
Represented By: Michael O. Callaghan
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Defendant: Gadsden, Gaillard, and West LLC
Represented By: David L. Yaussy
Represented By: Gerald M. Titus, III
Represented By: Joseph Creighton Unger
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Defendant: Dennis Eugene West
Represented By: David L. Yaussy
Represented By: Gerald M. Titus, III
Represented By: Joseph Creighton Unger
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