Asbury v. Marfork Coal Company, LLC et al
Plaintiff: Corey Asbury
Defendant: Marfork Coal Company, LLC and Maxxim Shared Services, LLC
Case Number: 2:2023cv00532
Filed: August 9, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: John T Copenhaver
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2023 Opinion or Order Filing 16 ORDER The court declines to enter #11 PROPOSED ORDER Agreed Protective Order by Marfork Coal Company, LLC, Maxxim Shared Services, LLC, Corey Asbury, as more fully set forth herein. Signed by Senior Judge John T. Copenhaver, Jr. on 9/21/2023. (cc: counsel of record; any unrepresented parties) (mfo)
September 20, 2023 Filing 15 CERTIFICATE OF SERVICE by Marfork Coal Company, LLC for First Interrogatories and Requests for Production of Documents to Plaintiff. (Parsons, Colton)
September 18, 2023 Filing 14 CERTIFICATE OF SERVICE by Corey Asbury for First Set of Combined Discovery to Marfork Coal Company, LLC. (Stewart, J.)
September 13, 2023 Opinion or Order Filing 13 ORDER directing that the scheduling conference is cancelled and that this case shall proceed as follows: Amending the pleadings or joining parties - 11/17/2023. Last date to serve discovery requests - 2/27/2024. Opening Rule 26 expert disclosures - 2/12/2024. Responsive Rule 26 expert disclosures - 3/13/2024. Rebuttal Rule 26 expert disclosure - 3/29/2024. Discovery to close - 4/12/2024. Dispositive motions deadline - 5/2/2024. Response to dispositive motion - 5/16/2024. Reply to response to dispositive motion - 5/23/2024. Settlement Meeting - 7/3/2024. Motion in limine deadline - 7/10/2024. Responses for motions in limine - 7/17/2024. Proposed pretrial order to defendant - 7/8/2024. Integrated pretrial order - 7/15/2024. Pretrial Conference on 7/26/2024 at 10:00 AM. Proposed jury charge - 8/14/2024. Final settlement conference on 8/26/2024 at 10:00 AM. Trial on 8/27/2024 at 9:30 AM. All proceedings shall be held by the court at the Robert C. Byrd United States Courthouse, Charleston, West Virginia. Signed by Senior Judge John T. Copenhaver, Jr. on 9/13/2023. (cc: counsel of record; any unrepresented parties) (kew)
September 11, 2023 Filing 12 RULE 26(f) REPORT OF PLANNING MEETING by Marfork Coal Company, LLC, Maxxim Shared Services, LLC, Corey Asbury. (Parsons, Colton) (Modified on 9/12/2023 to add party filer) (kew).
September 11, 2023 Filing 11 PROPOSED ORDER Agreed Protective Order by Marfork Coal Company, LLC, Maxxim Shared Services, LLC, Corey Asbury. (Parsons, Colton) (Modified on 9/12/2023 to add party filer) (kew).
August 30, 2023 Filing 10 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Marfork Coal Company, LLC, Maxxim Shared Services, LLC. (Ellis, Jonathan)
August 28, 2023 Opinion or Order Filing 9 ORDER For the reasons stated in the #8 Motion by Corey Asbury to Withdraw Motion to Remand and Memorandum in Support, the court DENIES AS MOOT the #6 MOTION by Corey Asbury to Remand. Signed by Senior Judge John T. Copenhaver, Jr. on 8/28/2023. (cc: counsel of record and any unrepresented parties) (arb)
August 25, 2023 Filing 8 MOTION by Corey Asbury to Withdraw #6 MOTION by Corey Asbury to Remand Case to Circuit Court of Boone County and #7 Memorandum of Law in Support. (Stewart, J.)
August 21, 2023 Filing 7 MEMORANDUM OF LAW by Corey Asbury in support of #6 MOTION by Corey Asbury to Remand Case to Circuit Court of Boone County (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Stewart, J.)
August 21, 2023 Filing 6 MOTION by Corey Asbury to Remand Case to Circuit Court of Boone County (Stewart, J.)
August 15, 2023 SET ANSWER DEADLINES for Marfork Coal Company, LLC and Maxxim Shared Services, LLC to 8/30/2023. (kew)
August 14, 2023 Filing 5 STIPULATION EXTENDING TIME FOR DEFENDANTS TO FILE RESPONSIVE PLEADING to Complaint Attached to #1 Notice of Removal to 8/30/2023 by Marfork Coal Company, LLC, Maxxim Shared Services, LLC, Corey Asbury. (Parsons, Colton) (Modified on 8/16/2023 to add link to #1 notice of removal and to add party filer) (kew).
August 14, 2023 Opinion or Order Filing 4 ORDER AND NOTICE: Motions under F.R. Civ. P. 12(b) - 9/5/2023. Last day for Rule 26(f) Meeting - 9/13/2023. Last day to file Report of Parties' Planning Meeting - 9/20/2023. Scheduling Conference at 9:30 AM on 9/29/2023 at the Robert C. Byrd United States Courthouse in Charleston, before the undersigned, unless canceled. Entry of Scheduling Order - 10/4/2023. Last day to serve F.R. Civ. P. 26(a)(1) disclosures - 10/13/2023. Signed by Senior Judge John T. Copenhaver, Jr. on 8/14/2023. (cc: counsel of record; any unrepresented parties) (mfo)
August 10, 2023 Filing 3 NOTICE of Proof of Filing Notice of Removal by Marfork Coal Company, LLC, Maxxim Shared Services, LLC (Attachment: #1 Exhibit A)(Parsons, Colton)
August 9, 2023 Filing 2 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)
August 9, 2023 Filing 1 NOTICE OF REMOVAL by Maxxim Shared Services, LLC, Marfork Coal Company, LLC with complaint and docket sheet from Circuit Court of Boone County. Filing Fee $402.00. Receipt #AWVSDC-8473956. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (lca)
August 9, 2023 CASE assigned to Senior Judge John T. Copenhaver, Jr. (klc)

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Plaintiff: Corey Asbury
Represented By: J. Ryan Stewart
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Defendant: Marfork Coal Company, LLC
Represented By: Colton Chase Parsons
Represented By: Jonathan R. Ellis
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Defendant: Maxxim Shared Services, LLC
Represented By: Colton Chase Parsons
Represented By: Jonathan R. Ellis
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