Manning v. United States Postal Service et al
Plaintiff: Ronnie Manning
Defendant: United States Postal Service, Mountaineer Gas Co. and WV American Water Company
Case Number: 2:2022cv00538
Filed: November 25, 2022
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Omar J Aboulhosn
Referring Judge: Irene C Berger
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1346 Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2023 Filing 21 PROPOSED FINDINGS AND RECOMMENDATION recommending that the District Court dismiss this action from the Court's docket without prejudice, and terminate all Defendant's #3 , #5 , #15 , #17 Motions as moot. If the PF&R was served electronically, Objections are due by 2/6/2023. If the PF&R was served by mail, Objections are due by 2/9/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 1/23/2023. (cc: Plaintiff, counsel of record) (lca)
January 9, 2023 Opinion or Order Filing 20 ORDER directing Plaintiff to Show Cause in writing by 1/19/2023 as to why this civil action should not be dismissed. Signed by Magistrate Judge Omar J. Aboulhosn on 1/9/2023. (cc: plaintiff, counsel of record) (lca)
December 21, 2022 Opinion or Order Filing 19 ORDER re: #17 MOTION by Mountaineer Gas Co. to Dismiss Complaint, #15 MOTION by WV American Water Company to Dismiss Complaint; directing that Plaintiff's responses to the motions are due 1/6/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 12/21/2022. (cc: counsel of record, Plaintiff) (lca)
December 20, 2022 Filing 18 MEMORANDUM OF LAW by Mountaineer Gas Co. in support of #17 MOTION by Mountaineer Gas Co. to Dismiss Complaint. (Arbaugh, Tiffany)
December 20, 2022 Filing 17 MOTION by Mountaineer Gas Co. to Dismiss Complaint Attached to #1 Notice of Removal. (Attachments: #1 Exhibit 1, #2 Exhibit 2) Motion referred to Magistrate Judge Omar J. Aboulhosn. (Arbaugh, Tiffany) (Modified on 12/21/2022 to add link to #1 notice of removal) (kew).
December 20, 2022 Filing 16 MEMORANDUM OF LAW by WV American Water Company in support of #15 MOTION by WV American Water Company to Dismiss Complaint Attached to #1 Notice of Removal, or in the Alternative, for a More Definite Statement. (Kitts, Alexandra)
December 20, 2022 Filing 15 MOTION by WV American Water Company to Dismiss Complaint Attached to #1 Notice of Removal, or in the Alternative, for a More Definite Statement. (Attachments: #1 Exhibit 1, #2 Exhibit 2) Motion referred to Magistrate Judge Omar J. Aboulhosn.(Kitts, Alexandra) (Modified on 12/21/2022 to add link to #1 notice of removal) (kew).
December 15, 2022 Filing 14 NOTICE OF APPEARANCE OF COUNSEL by Alexandra M. Kitts on behalf of WV American Water Company. (Kitts, Alexandra)
December 5, 2022 Filing 13 NOTICE OF APPEARANCE OF COUNSEL by Tiffany M. Arbaugh on behalf of Mountaineer Gas Co. (Attachment: #1 Exhibit 1)(Arbaugh, Tiffany)
December 1, 2022 Opinion or Order Filing 12 ORDER granting #10 MOTION by United States Postal Service to Vacate #8 Order and Notice. Signed by Magistrate Judge Omar J. Aboulhosn on 12/1/2022. (cc: Plaintiff; counsel of record) (kew)
November 30, 2022 Filing 11 MEMORANDUM OF LAW by United States Postal Service in support of #10 MOTION by United States Postal Service to Vacate #8 Order and Notice. (Bailey, Jason)
November 30, 2022 Filing 10 MOTION by United States Postal Service to Vacate #8 Order and Notice. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Bailey, Jason)
November 29, 2022 Opinion or Order Filing 9 ORDER Directing that the Plaintiff's response to #5 MOTION by United States Postal Service to Dismiss Complaint, and #3 MOTION by United States Postal Service to Substitute Party shall be due by 12/16/2022; following service of Plaintiff's response if such is filed, defendant will have 7 business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 11/29/2022. (cc: counsel of record; pro se plaintiff) (tmr)
November 29, 2022 Opinion or Order Filing 8 VACATED PURSUANT TO THE #12 ORDER ENTERED ON 12/1/2022: ORDER AND NOTICE: Motions under FR Civ P 12(b) - 12/20/2022. Last day for Rule 26(f) meeting - 12/29/2022. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 1/5/2023. Scheduling Conference at 02:00 PM in Charleston, West Virginia on 1/19/2023, before the undersigned, unless cancelled. Entry of Scheduling Order - 1/26/2023. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 2/2/2023. Signed by Judge Irene C. Berger on 11/29/2022. (cc: counsel of record; any unrepresented party) (tmr) (Modified on 12/1/2022 to note order and notice is vacated) (kew).
November 29, 2022 NOTICE OF DOCKET CORRECTION re: #6 Memorandum of Law by United States Postal Service in support of #5 Motion by United States Postal Service to Dismiss Complaint. ERROR: Image contained error. CORRECTION: Image replaced. (ts)
November 28, 2022 Filing 7 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)
November 28, 2022 Filing 6 MEMORANDUM OF LAW by United States Postal Service in support of #5 MOTION by United States Postal Service to Dismiss Complaint. (Bailey, Jason) (Modified on 11/29/2022 to replace image) (ts).
November 28, 2022 Filing 5 MOTION by United States Postal Service to Dismiss Complaint Attached to #1 Notice of Removal. (Attachment: #1 Exhibit 1)(Bailey, Jason) (Modified on 11/29/2022 to add link to #1 notice of removal) (kew).
November 28, 2022 Filing 4 MEMORANDUM by United States Postal Service in support of #3 MOTION by United States Postal Service to Substitute Party. (Bailey, Jason)
November 28, 2022 Filing 3 MOTION by United States Postal Service to Substitute Party (Bailey, Jason)
November 25, 2022 Filing 1 NOTICE OF REMOVAL by United States Postal Service with summons, complaint and docket sheet from Magistrate Court of Kanawha County. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet) (lca)
November 25, 2022 CASE assigned to Judge Irene C. Berger. (klc)

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Plaintiff: Ronnie Manning
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Defendant: United States Postal Service
Represented By: Jason S. Bailey
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Defendant: Mountaineer Gas Co.
Represented By: Tiffany M. Arbaugh
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Defendant: WV American Water Company
Represented By: Robert O. Passmore
Represented By: Alexandra M. Kitts
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