Kanawha County Commission v. West et al
Plaintiff: Kanawha County Commission
Defendant: Innospec Active Chemicals LLC
Cross Defendant: Dennis West and Gadsden, Gaillard, and West, LLC
Case Number: 2:2023cv00142
Filed: February 20, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Environmental Matters
Cause of Action: 33 U.S.C. § 1365 Environmental Matters
Jury Demanded By: Defendant
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
April 10, 2023 Opinion or Order Filing 15 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL by Stephen M. Fowler, Jacob D. Layne substituting in lieu of Corey L. Palumbo, Roger G. Hanshaw, J. Tyler Barton, Susanne Peticolas, Joshua R. Elias, Camille V. Otero on behalf of Innospec Active Chemicals LLC. (Fowler, Stephen)
April 7, 2023 Opinion or Order Filing 14 ANSWER TO #11 Amended Crossclaim by Gadsden, Gaillard, and West, LLC, Dennis West. (Titus, Gerald)
March 29, 2023 Opinion or Order Filing 13 SCHEDULING ORDER directing that the scheduling conference previously scheduled for 4/20/2023 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 5/22/2023. Last date to serve discovery requests - 11/6/2023. All discovery to be completed - 11/28/2023. Last date to complete depositions - 12/20/2023. Opening Rule 26 expert disclosures - 10/20/2023. Responsive Rule 26 expert disclosures - 11/20/2023. Rebuttal Rule 26 expert disclosure - 12/6/2023. Dispositive motions deadline - 1/19/2024. 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 - 2/23/2024. Responses for motions in limine - 3/1/2024. Proposed voir dire, jury instructions, and verdict form - 4/8/2024. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 4/4/2024, Integrated pretrial order - 4/11/2024. Pretrial Conference/Final Settlement Conference on 4/18/2024 at 1:30 PM. Trial on 4/29/2024 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 3/29/2023. (cc: counsel of record; any unrepresented party) (mfo)
March 28, 2023 Opinion or Order Filing 12 RULE 26(f) REPORT OF PLANNING MEETING by Innospec Active Chemicals LLC, Kanawha County Commission, Dennis West, Gadsden, Gaillard, and West, LLC. (Palumbo, Corey) (Modified on 3/29/2023 to add party filers) (kew).
March 24, 2023 Opinion or Order Filing 11 AMENDED ANSWER COMPLAINT #1 NOTICE OF REMOVAL With Jury Demand by Innospec Active Chemicals LLC and AMENDED CROSSCLAIM by Innospec Active Chemicals LLC against Gadsden, Gaillard, and West, LLC, Dennis West. (Palumbo, Corey)
March 17, 2023 Opinion or Order Filing 10 ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Innospec Active Chemicals LLC and CROSSCLAIM by Defendant Innospec Active Chemicals LLC against Defendant Gadsden, Gaillard, and West, LLC.(Palumbo, Corey)
March 6, 2023 Opinion or Order Filing 9 STATEMENT OF VISITING ATTORNEY from Susanne Peticolas on behalf of Innospec Active Chemicals LLC. Local counsel: Corey L. Palumbo. Fee $50.00. Receipt # AWVSDC-8377040. (Palumbo, Corey)
March 6, 2023 Opinion or Order Filing 8 STATEMENT OF VISITING ATTORNEY from Camille V. Otero on behalf of Innospec Active Chemicals LLC. Local counsel: Corey L. Palumbo. Fee $50.00. Receipt # AWVSDC-8377032. (Palumbo, Corey)
March 6, 2023 Opinion or Order Filing 7 STATEMENT OF VISITING ATTORNEY from Joshua R. Elias on behalf of Innospec Active Chemicals LLC. Local counsel: Corey L. Palumbo. Fee $50.00. Receipt # AWVSDC-8377023. (Palumbo, Corey)
February 24, 2023 Opinion or Order Filing 6 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Dennis West. (Titus, Gerald)
February 24, 2023 Opinion or Order Filing 5 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Gadsden, Gaillard, and West, LLC. (Titus, Gerald) (Modified on 2/27/2023 to add link to #1 notice of removal) (kew).
February 22, 2023 Opinion or Order SET ANSWER DEADLINE for Innospec Active Chemicals LLC to 3/17/2023. (kew)
February 22, 2023 Opinion or Order Filing 4 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL to 3/17/2023 by Innospec Active Chemicals LLC, Kanawha County Commission. (Palumbo, Corey) (Modified on 2/23/2023 to add party filer) (kew).
February 21, 2023 Opinion or Order Filing 3 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 3/14/2023. Last day for Rule 26(f) meeting - 3/21/2023. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 3/28/2023. Scheduling Conference at 2:30 PM in Charleston, West Virginia on 4/20/2023, before the undersigned, unless cancelled. Entry of Scheduling Order - 4/27/2023. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 5/4/2023. Signed by Judge Irene C. Berger on 2/21/2023. (cc: counsel of record; any unrepresented party) (mfo)
February 21, 2023 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)
February 20, 2023 Opinion or Order CASE assigned to Judge Irene C. Berger. (klc)
February 17, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by Gadsden, Gaillard, and West, LLC, Dennis West with complaint, and docket sheet from Circuit Court of Kanawha County. Filing Fee $402.00. Receipt #AWVSDC-8368107. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet) (lca)

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Plaintiff: Kanawha County Commission
Represented By: Casey E. Waldeck
Represented By: Isaac Ralston Forman
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Cross defendant: Dennis West
Represented By: David L. Yaussy
Represented By: Gerald M. Titus, III
Represented By: Joseph Creighton Unger
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Cross 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: Innospec Active Chemicals LLC
Represented By: Jacob D. Layne
Represented By: Stephen M. Fowler
Represented By: Camille V. Otero
Represented By: Corey L. Palumbo
Represented By: J. Tyler Barton
Represented By: Joshua Robert Elias
Represented By: Roger G. Hanshaw
Represented By: Susanne Peticolas
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