Dale v. Harvey et al
Plaintiff: Duane Allen Dale
Defendant: Correctional Officer Harvey and John Does
Case Number: 2:2023cv00635
Filed: September 25, 2023
Court: U.S. District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2023 Opinion or Order Filing 7 SCHEDULING ORDER directing that the scheduling conference previously scheduled for 11/16/2023 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 12/29/2023. Last date to serve discovery requests - 7/19/2024. All discovery to be completed - 8/9/2024. Last date to complete depositions - 8/23/2024. Opening Rule 26 expert disclosures - 4/12/2024. Responsive Rule 26 expert disclosures - 5/14/2024. Rebuttal Rule 26 expert disclosure - 6/17/2024. Dispositive motions deadline - 9/13/2024. 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 - 12/6/2024. Responses for motions in limine - 12/13/2024. Proposed voir dire, jury instructions, and verdict form - 1/6/2025. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 1/2/2025, Integrated pretrial order - 2/9/2025. Pretrial Conference/Final Settlement Conference on 1/16/2025 at 9:00 AM. Trial on 1/27/2025 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 10/26/2023. (cc: counsel of record; any unrepresented party) (mfo)
October 25, 2023 Filing 6 CERTIFICATE OF SERVICE by Harvey for First Set of Interrogatories and Requests for Production of Documents to Plaintiff. (Rhea, Jaden)
October 25, 2023 Filing 5 RULE 26(f) REPORT OF PLANNING MEETING by Harvey, Duane Allen Dale. (Murray, William) (Modified on 10/26/2023 to add party filer) (kew).
September 27, 2023 Opinion or Order Filing 4 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 10/18/2023. Last day for Rule 26(f) meeting - 10/25/2023. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 11/1/2023. Scheduling Conference at 2:30 PM in Charleston, West Virginia on 11/16/2023, before the undersigned, unless cancelled. Entry of Scheduling Order - 11/27/2023. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 12/4/2023. Signed by Judge Irene C. Berger on 9/27/2023. (cc: counsel of record; any unrepresented party) (btm)
September 26, 2023 Filing 3 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Harvey. (Murray, William)
September 26, 2023 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)
September 25, 2023 CASE assigned to Judge Irene C. Berger. (klc)
September 25, 2023 Filing 1 NOTICE OF REMOVAL by Harvey with summons, complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $402.00. Receipt #BWVSDC-8503007. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet) (kew)

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Plaintiff: Duane Allen Dale
Represented By: Paul M. Stroebel
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Defendant: Correctional Officer Harvey
Represented By: Jaden P. Rhea
Represented By: William E. Murray
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Defendant: John Does
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