Fitch et al v. Warner et al
| Sara A. Fitch and Roger D. Fitch |
| Katherine Warner, D.O. and Weatherby Locums, Inc. |
| 2:2023cv00572 |
| August 24, 2023 |
| US District Court for the Southern District of West Virginia |
| Irene C Berger |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Medical Malpractice |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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Filing 15
ELECTRONIC SUMMONS REISSUED as to Katherine Warner, D.O., re: Complaint attached to the #1 Notice of Removal. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (tmr)
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Filing 14
SUMMONS TO BE REISSUED SUBMITTED by Roger D. Fitch, Sara A. Fitch for All Plaintiffs, (Sims, David)
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Filing 13
MEMORANDUM OPINION AND ORDER denying Defendant's #3 MOTION to Dismiss and granting Plaintiff's #8 MOTION to Exclude Exhibits from Consideration, as more fully set forth herein. Signed by Judge Irene C. Berger on 10/19/2023. (cc: counsel of record; any unrepresented party) (lca)
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Filing 12
SCHEDULING ORDER directing that the scheduling conference previously scheduled for 10/19/2023 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 12/15/2023. Last date to serve discovery requests - 3/25/2024. All discovery to be completed - 4/17/2024. Last date to complete depositions - 5/9/2024. Opening Rule 26 expert disclosures - 3/8/2024. Responsive Rule 26 expert disclosures - 4/5/2024. Rebuttal Rule 26 expert disclosure - 4/25/2024. Dispositive motions deadline - 5/30/2024. 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 - 6/21/2024. Responses for motions in limine - 6/28/2024. Proposed voir dire, jury instructions, and verdict form - 7/29/2024. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 7/25/2024, Integrated pretrial order - 8/1/2024. Pretrial Conference/Final Settlement Conference on 8/8/2024 at 9:00 AM. Trial on 8/19/2024 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 9/26/2023. (cc: counsel of record; any unrepresented party) (mfo)
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Filing 11
RULE 26(f) REPORT OF PLANNING MEETING by Weatherby Locums, Inc., Sara A. Fitch, Roger D. Fitch. (Richards-Minigh, Stacey) (Modified on 9/25/2023 to add party filers) (kew).
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Filing 10
JOINT REPLY by Weatherby Locums, Inc. to #7 Response In Opposition and RESPONSE in Opposition to #8 MOTION by Roger D. Fitch, Sara A. Fitch to Exclude Documents 3-1 and 3-2 Attached to the #3 MOTION by Weatherby Locums, Inc. to Dismiss Complaint. (Lindberg, Anders)
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Filing 9
MEMORANDUM OF LAW by Roger D. Fitch, Sara A. Fitch in support of #8 MOTION by Roger D. Fitch, Sara A. Fitch to Exclude Documents 3-1 and 3-2 Attached to the #3 MOTION by Weatherby Locums, Inc. to Dismiss Complaint. (Sims, David)
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Filing 8
MOTION by Roger D. Fitch, Sara A. Fitch to Exclude Documents 3-1 and 3-2 Attached to the #3 MOTION by Weatherby Locums, Inc. to Dismiss Complaint. (Sims, David) (Modified on 9/8/2023 to add link to #3 motion) (kew).
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Filing 7
RESPONSE by Roger D. Fitch, Sara A. Fitch in opposition to #3 MOTION by Weatherby Locums, Inc. to Dismiss Complaint. (Sims, David)
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Filing 6
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 9/18/2023. Last day for Rule 26(f) meeting - 9/25/2023. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 10/2/2023. Scheduling Conference at 2:00 PM in Charleston, West Virginia on 10/19/2023, before the undersigned, unless cancelled. Entry of Scheduling Order - 10/26/2023. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 11/2/2023. Signed by Judge Irene C. Berger on 8/28/2023. (cc: counsel of record; any unrepresented party) (skm)
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NOTICE OF DOCKET CORRECTION re: Standing Order. ERROR: Image not attached to entry. CORRECTION: Standing Order re-docketed at ECF No. 5. (ts)
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Filing 5
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)
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CASE assigned to Judge Irene C. Berger. (klc)
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INCORRECT ENTRY. (Modified on 8/25/2023 to remove entry without the attachment) (ts).
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Filing 4
MEMORANDUM OF LAW by Weatherby Locums, Inc. in support of #3 MOTION by Weatherby Locums, Inc. to Dismiss Complaint Attached to the #1 Notice of Removal (Lindberg, Anders)
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Filing 3
MOTION by Weatherby Locums, Inc. to Dismiss Complaint Attached to the #1 Notice of Removal. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lindberg, Anders) (Modified on 8/27/2023 to add link to #1 notice of removal) (ts).
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Filing 2
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Weatherby Locums, Inc. (Lindberg, Anders)
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Filing 1
NOTICE OF REMOVAL by Weatherby Locums, Inc. with summons, complaint and docket sheet from the Circuit Court of Wood County. Filing Fee $402.00. Receipt #AWVSDC-8483134. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (mfo)
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