Graham v. West Virginia Division of Corrections and Rehabilitation et al
Plaintiff: Cody Graham
Defendant: West Virginia Division of Corrections and Rehabilitation, Johnny Wilson, CO II David Ewing, Corporal Chayse Brown, Corporal Snodgrass, CO I Tanner Sears, Sergeant Michael Shaffer, Lt. Mitchell and Corporal Seth Summers
Case Number: 2:2022cv00467
Filed: October 25, 2022
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: Defendant
Docket Report

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

Date Filed Document Text
December 23, 2022 Opinion or Order Filing 12 ANSWER TO COMPLAINT ATTACHED TO NOTICE OF REMOVAL with Jury Demand by Lt. Mitchell.(Murray, William)
December 23, 2022 Opinion or Order Filing 11 ANSWER TO COMPLAINT ATTACHED TO NOTICE OF REMOVAL with Jury Demand by CO II David Ewing.(Strider, Adam)
December 23, 2022 Opinion or Order Filing 10 MEMORANDUM OF LAW by West Virginia Division of Corrections and Rehabilitation in support of #9 MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss With Prejudice. (Murray, William)
December 23, 2022 Opinion or Order Filing 9 MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss With Prejudice. (Murray, William)
December 22, 2022 Opinion or Order Filing 8 CERTIFICATE OF SERVICE by Cody Graham for Rule 26(a)(1) Disclosures. (Stroebel, Paul)
December 1, 2022 Opinion or Order Filing 7 SCHEDULING ORDER directing that the scheduling conference previously scheduled for 12/15/2022 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 1/9/2023. Last date to serve discovery requests - 7/10/2023. All discovery to be completed - 7/31/2023. Last date to complete depositions - 8/21/2023. Opening Rule 26 expert disclosures - 3/17/2023. Responsive Rule 26 expert disclosures - 4/24/2023. Rebuttal Rule 26 expert disclosure - 5/23/2023. Dispositive motions deadline - 9/12/2023. 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 - 12/1/2023. Responses for motions in limine - 12/8/2023. 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 1:30 PM. Trial on 1/29/2024 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 12/1/2022. (cc: counsel of record; any unrepresented party) (mfo)
November 30, 2022 Opinion or Order Filing 6 RULE 26(f) REPORT OF PLANNING MEETING by Michael Shaffer, Seth Summers, Chayse Brown, Cody Graham. (Murray, William) (Modified on 12/1/2022 to add party filers) (kew).
November 10, 2022 Opinion or Order NOTICE OF DOCKET CORRECTION re: #5 Answer to Complaint. ERROR: Answer missing attorney's signature. CORRECTION: Signature obtained and image replaced. (kew)
November 9, 2022 Opinion or Order Filing 5 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Chayse Brown. (Strider, Adam) (Modified on 11/10/2022 to add link to #1 notice of removal and to obtain attorney's signature and replace image) (kew).
November 2, 2022 Opinion or Order Filing 4 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Michael Shaffer, Seth Summers. (Murray, William)
October 27, 2022 Opinion or Order Filing 3 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 11/16/2022. Last day for Rule 26(f) meeting - 11/23/2022. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 12/1/2022. Scheduling Conference at 3:00 p.m. in Charleston, West Virginia on 12/15/2022, before the undersigned, unless cancelled. Entry of Scheduling Order - 12/22/2022. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 12/29/2022. Signed by Judge Irene C. Berger on 10/27/2022. (cc: counsel of record; any unrepresented party) (msa)
October 26, 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 25, 2022 Opinion or Order CASE assigned to Judge Irene C. Berger. (klc)
October 25, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by Cody Graham with complaint and docket sheet from the Circuit Court of Kanawha County. Filing Fee $402.00. Receipt #AWVSDC-8295193. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet) (mfo)

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Search for this case: Graham v. West Virginia Division of Corrections and Rehabilitation et al
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Plaintiff: Cody Graham
Represented By: Paul E. Stroebel
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Defendant: West Virginia Division of Corrections and Rehabilitation
Represented By: William E. Murray
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Defendant: Johnny Wilson
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Defendant: CO II David Ewing
Represented By: Adam K. Strider
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Defendant: Corporal Chayse Brown
Represented By: Adam K. Strider
Represented By: John P. Fuller
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Defendant: Corporal Snodgrass
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Defendant: CO I Tanner Sears
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Defendant: Sergeant Michael Shaffer
Represented By: Jaden P. Rhea
Represented By: William E. Murray
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Defendant: Lt. Mitchell
Represented By: William E. Murray
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Defendant: Corporal Seth Summers
Represented By: Jaden P. Rhea
Represented By: William E. Murray
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