Adkins et al v. Encompass Home and Auto Insurance Company
| James Adkins and Holly Wilson |
| Encompass Home and Auto Insurance Company |
| 2:2023cv00362 |
| May 3, 2023 |
| US District Court for the Southern District of West Virginia |
| Irene C Berger |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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| Filing 20 TRANSMITTED CERTIFIED COPY of #19 Final Dismissal Order to counsel of record. (arb) |
Filing 19
FINAL DISMISSAL ORDER Came the parties, by counsel, and advised the Court that all matters herein and in controversy had been settled and compromised, and jointly moved to dismiss this action from the docket of the Court. It is hereby ADJUDGED, ORDERED, and DECREED that this matter be and the same is hereby ORDERED dismissed, and forever stricken from the active docket of this Court, with prejudice abiding the result hereof, with all parties carrying their own costs. Signed by Judge Irene C. Berger on 6/28/2023. (cc: counsel of record) (arb)
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| Filing 18 PROPOSED ORDER Final Dismissal Order by Encompass Home and Auto Insurance Company, James Adkins, Holly Wilson (Herrick, Jordan) (Modified on 6/28/2023 to add party filers) (mk). |
| Filing 17 STIPULATION re: extension to file a response to First Set of Discovery Requests to 6/26/2023 by Encompass Home and Auto Insurance Company, James Adkins, Holly Wilson. (Herrick, Jordan) (Modified on 6/2/2023 to add party filers) (kew). |
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Filing 16
PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 5/16/2023. (cc: counsel of record; any unrepresented party) (lca)
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Filing 15
ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b) directing that the following procedures herein shall govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 5/16/2023. (cc: counsel of record; any unrepresented party) (lca)
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Filing 14
ORDER SETTING DEPOSITION PROTOCOL the parties have agreed to a protocol governing the taking of depositions in this case; directing that the following protocol shall be followed with all depositions conducted herein. Signed by Magistrate Judge Omar J. Aboulhosn on 5/16/2023. (cc: counsel of record) (lca)
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| Filing 13 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) |
| Filing 12 PROPOSED ORDER Order Setting Deposition Protocol by Encompass Home and Auto Insurance Company, James Adkins, Holly Wilson. (Herrick, Jordan) (Modified on 5/16/2023 to add party filers) (kew). |
| Filing 11 PROPOSED ORDER Order Governing the Inadvertent Disclosure of Documents or Other Material Under Rule 502(b) by Encompass Home and Auto Insurance Company (Herrick, Jordan) |
| Filing 10 PROPOSED ORDER Agreed Protective Order by Encompass Home and Auto Insurance Company, James Adkins, Holly Wilson. (Herrick, Jordan) (Modified on 5/16/2023 to add party filers) (kew). |
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Filing 9
SCHEDULING ORDER directing that the scheduling conference previously scheduled for 7/6/2023 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 8/4/2023. Last date to serve discovery requests - 10/3/2023. All discovery to be completed - 10/26/2023. Last date to complete depositions - 11/17/2023. Opening Rule 26 expert disclosures - 9/18/2023. Responsive Rule 26 expert disclosures - 10/18/2023. Rebuttal Rule 26 expert disclosure - 11/3/2023. Dispositive motions deadline - 12/7/2023. 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 - 3/22/2024. Responses for motions in limine - 3/29/2024. Proposed voir dire, jury instructions, and verdict form - 4/29/2024. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 4/24/2024, Integrated pretrial order - 5/1/2024. Pretrial Conference/Final Settlement Conference on 5/8/2024 at 9:00 AM. Trial on 5/20/2024 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 5/15/2023. (cc: counsel of record; any unrepresented party) (mfo)
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| Filing 8 RULE 26(f) REPORT OF PLANNING MEETING by Encompass Home and Auto Insurance Company, James Adkins, Holly Wilson. (Herrick, Jordan) (Modified on 5/15/2023 to add party filers) (kew). |
| Filing 7 STIPULATION re: extension to file a response to Plaintiff's First Set of Discovery Requests to 6/11/2023 by Encompass Home and Auto Insurance Company, James Adkins, Holly Wilson. (Herrick, Jordan) (Modified on 5/15/2023 to add party filers) (kew). |
| Filing 6 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Encompass Home and Auto Insurance Company (Herrick, Jordan) |
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Filing 5
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 5/29/2023. Last day for Rule 26(f) meeting - 6/5/2023. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 6/19/2023. Scheduling Conference at 9:30 AM in Charleston, West Virginia on 7/6/2023, before the undersigned, unless cancelled. Entry of Scheduling Order - 7/13/2023. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 7/20/2023. Signed by Judge Irene C. Berger on 5/8/2023. (cc: counsel of record; any unrepresented party) (mfo)
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| Filing 4 CLERK'S ORDER. Pursuant to #3 Order, this case is reassigned from Judge Joseph R. Goodwin to Judge Irene C. Berger. Signed by Clerk of Court Rory L. Perry II on 5/5/2023. (cc: Judge Goodwin; Judge Berger; counsel of record; any unrepresented party) (klc) |
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Filing 3
ORDER directing that this action is transferred to Rory L. Perry, Clerk of Court, for reassignment to another Judge within this district. Signed by Judge Joseph R. Goodwin on 5/5/2023. (cc: counsel of record; any unrepresented party) (lca)
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| CASE assigned to Judge Joseph R. Goodwin. (klc) |
| STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc) (Modified on 5/17/2023 to note case reassigned to Magistrate Judge Aboulhosn, see ECF No. 13) (ts). |
| Filing 2 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL With Jury Demand by Encompass Home and Auto Insurance Company. (Herrick, Jordan) (Modified on 5/4/2023 to add link to #1 notice of removal and to add jury demand) (kew). |
| Filing 1 NOTICE OF REMOVAL by Encompass Home and Auto Insurance Company with summons, complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $402.00. Receipt #AWVSDC-8416741. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet) (lca) |
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