Furnas et al v. Appalachian Power Company et al
Plaintiff: Mary Grace Furnas and Carolyn Ann O'Connor
Defendant: Appalachian Power Company and United Affiliates Corporation
Case Number: 2:2023cv00168
Filed: February 27, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Wrongful Death
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2023 Opinion or Order Filing 24 ANSWER TO #20 Amended Complaint by United Affiliates Corporation. (Bolen, J.)
April 25, 2023 Opinion or Order Filing 23 CERTIFICATE OF SERVICE by Carolyn Ann O'Connor, Mary Grace Furnas for First Set of Interrogatories and Requests for Production of Documents to United Affiliates Corporation. (Tiano, William) (Modified on 4/26/2023 to add party filer) (kew).
April 25, 2023 Opinion or Order Filing 22 CERTIFICATE OF SERVICE by Carolyn Ann O'Connor, Mary Grace Furnas for First Set of Interrogatories and Requests for Production of Documents to Appalachian Power Company. (Tiano, William) (Modified on 4/26/2023 to add party filer) (kew).
April 24, 2023 Opinion or Order Filing 21 ANSWER TO #20 Amended Complaint With Jury Demand by Appalachian Power Company. (Swiger, Brian)
April 11, 2023 Opinion or Order NOTICE OF DOCKET CORRECTION re: #20 AMENDED COMPLAINT. Error: Incorrect image attached. Correction: Replaced incorrect image with correct image. (mkw)
April 10, 2023 Opinion or Order Filing 20 AMENDED COMPLAINT by Carolyn Ann O'Connor, Mary Grace Furnas against Appalachian Power Company, United Affiliates Corporation filed pursuant to the #19 Memorandum Opinion and Order; Jury demand. (lca) (Modified on 4/11/2023 to replace image) (mkw).
April 10, 2023 Opinion or Order Filing 19 MEMORANDUM OPINION AND ORDER granting Defendant Appalachian Power Company's #8 MOTION for Judgment on the Pleadings and granting Plaintiff's #10 MOTION to Amend Complaint; Count III of the Amended complaint be dismissed as to Defendant Appalachian Power Company; the Amended Complaint is to be filed and be the controlling document. Signed by Judge Irene C. Berger on 4/10/2023. (cc: counsel of record; any unrepresented party) (lca)
April 10, 2023 Opinion or Order Filing 18 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 6/5/2023. Last date to serve discovery requests - 1/17/2024. All discovery to be completed - 2/7/2024. Last date to complete depositions - 2/28/2024. Opening Rule 26 expert disclosures - 12/22/2023. Responsive Rule 26 expert disclosures - 1/19/2024. Rebuttal Rule 26 expert disclosure - 2/9/2024. Dispositive motions deadline - 3/27/2024. 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 - 5/3/2024. Responses for motions in limine - 5/10/2024. Proposed voir dire, jury instructions, and verdict form - 6/24/2024. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 6/12/2024, Integrated pretrial order - 6/19/2024. Pretrial Conference/Final Settlement Conference on 6/27/2024 at 9:00 AM. Trial on 7/15/2024 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 4/10/2023. (cc: counsel of record; any unrepresented party) (mfo)
April 7, 2023 Opinion or Order Filing 17 RESPONSE by Mary Grace Furnas, Carolyn Ann O'Connor in opposition to #16 Rule 26(f) Report of Planning Meeting. (Attachment: #1 Exhibit A) (Tiano, William) (Modified on 4/10/2023 to add party filer) (kew).
April 6, 2023 Opinion or Order Filing 16 RULE 26(f) REPORT OF PLANNING MEETING by Appalachian Power Company, United Affiliates Corporation. (Attachment: #1 Exhibit A)(Swiger, Brian) (Modified on 4/7/2023 to add party filer) (kew).
April 6, 2023 Opinion or Order Filing 15 STATEMENT OF VISITING ATTORNEY from Doulgas A. Winegardner on behalf of Appalachian Power Company. Local counsel: Rebecca D. Pomeroy. Fee $50.00. Receipt # AWVSDC-8400139. (Donnellan-Pomeroy, Rebecca)
April 5, 2023 Opinion or Order Filing 14 REPLY by Mary Grace Furnas, Carolyn Ann O'Connor to #13 Response in Opposition. (Tiano, William) (Modified on 4/6/2023 to correct link and to add party filer) (kew).
March 31, 2023 Opinion or Order Filing 13 RESPONSE by Appalachian Power Company in opposition to #10 MOTION by Mary Grace Furnas, Carolyn Ann O'Connor to Amend Complaint (Smith, Christopher)
March 31, 2023 Opinion or Order Filing 12 REPLY by Appalachian Power Company to #8 MOTION by Appalachian Power Company for Judgment on the Pleadings. (Smith, Christopher) (Modified on 3/31/2023 to correct link to #8 motion) (ts).
March 24, 2023 Opinion or Order Filing 11 RESPONSE by Mary Grace Furnas, Carolyn Ann O'Connor in opposition to #8 MOTION by Appalachian Power Company for Judgment on the Pleadings. (Tiano, William) (Modified on 3/27/2023 to add party filer) (kew).
March 24, 2023 Opinion or Order Filing 10 MOTION by Mary Grace Furnas, Carolyn Ann O'Connor to Amend Complaint Attached to #1 Notice of Removal. (Attachment: #1 Exhibit 1)(Tiano, William) (Modified on 3/27/2023 to add link to #1 notice of removal and to add party filer) (kew).
March 10, 2023 Opinion or Order Filing 9 MEMORANDUM OF LAW by Appalachian Power Company in support of #8 MOTION by Appalachian Power Company for Judgment on the Pleadings (Smith, Christopher)
March 10, 2023 Opinion or Order Filing 8 MOTION by Appalachian Power Company for Judgment on the Pleadings (Smith, Christopher)
March 7, 2023 Opinion or Order Filing 7 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Appalachian Power Company (Swiger, Brian)
March 3, 2023 Opinion or Order Filing 6 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by United Affiliates Corporation. (Bolen, J.) (Modified on 3/5/2023 to add link to #1 notice of removal) (kew).
March 3, 2023 Opinion or Order Filing 5 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant United Affiliates Corporation (Bolen, J.)
March 2, 2023 Opinion or Order Filing 4 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with jury demand by Appalachian Power Company. (Swiger, Brian)
March 1, 2023 Opinion or Order Filing 3 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 3/22/2023. Last day for Rule 26(f) meeting - 3/29/2023. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 4/5/2023. Scheduling Conference at 03:00 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 3/1/2023. (cc: counsel of record; any unrepresented parties) (klc)
February 28, 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 27, 2023 Opinion or Order CASE assigned to Judge Irene C. Berger. (klc)
February 27, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by United Affiliates Corporation with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Logan County. Filing Fee $402.00. Receipt #AWVSDC-8372296. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (btm)

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Plaintiff: Mary Grace Furnas
Represented By: William M. Tiano
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Plaintiff: Carolyn Ann O'Connor
Represented By: William M. Tiano
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Defendant: Appalachian Power Company
Represented By: Brian R. Swiger
Represented By: Christopher D. Smith
Represented By: Rebecca L. Donnellan-Pomeroy
Represented By: Douglas A. Winegardner
Represented By: Sallie E. Gilbert
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Defendant: United Affiliates Corporation
Represented By: Ellen M. Jones
Represented By: J. David Bolen
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