Perry v. West Virginia CVS Pharmacy, LLC, et al
Plaintiff: Cheryl L. Perry
Defendant: West Virginia CVS Pharmacy, LLC doing business as CVS/PHARMACY #4244 and John Doe as manager, employee and agent of West Virginia CVS Pharmacy, LLC doing business as CVS/PHARMACY #4244
Case Number: 2:2023cv00705
Filed: November 1, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Joseph R Goodwin
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury
Jury Demanded By: Defendant
Docket Report

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

Date Filed Document Text
December 21, 2023 Opinion or Order Filing 13 SCHEDULING ORDER directing that the scheduling conference is cancelled and that this case shall proceed as follows: Amendment of pleadings and joinder of parties - 2/2/2024. Deadline for written discovery requests - 5/27/2024. Expert disclosure by party with burden of proof - 5/10/2024. Expert disclosure by opposing party - 6/10/2024. Expert disclosure for rebuttal purposes - 6/25/2024. Deposition deadline and close of discovery - 7/9/2024. Filing of dispositive motions - 7/29/2024. Responses to dispositive motions - 8/12/2024. Reply to response to dispositive motion - 8/19/2024. Settlement meeting - 8/21/2024. Filing of motions in limine - 10/7/2024. Responses to motions in limine - 10/14/2024. Plaintiff draft of pretrial order to defendant - 10/3/2024. Integrated pretrial order filed by defendant - 10/10/2024. Pretrial conference on 10/21/2024 at 10:00 AM. Proposed jury instructions filed - 11/12/2024. Final settlement conference on 11/18/2024 at 9:30 AM. Trial on 11/19/2024 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 12/21/2023. (cc: counsel of record; any unrepresented parties) (btm)
December 20, 2023 Filing 12 RULE 26(f) REPORT OF PLANNING MEETING by Cheryl L. Perry, West Virginia CVS Pharmacy, LLC. (Forbes, W.) (Modified on 12/21/2023 to add party filers) (kew).
December 14, 2023 Filing 11 MEMORANDUM OF LAW by West Virginia CVS Pharmacy, LLC in response to #8 MOTION by Cheryl L. Perry to Remand Case to Circuit Court of Kanawha County. (Attachment: #1 Certificate of Service)(Kane, Brian)
December 14, 2023 Filing 10 MEMORANDUM OF LAW by West Virginia CVS Pharmacy, LLC in response to #6 MOTION by Cheryl L. Perry for Leave to File Amended Complaint. (Attachment: #1 Certificate of Service)(Kane, Brian)
November 28, 2023 NOTICE OF DOCKET CORRECTION re: #7 Memorandum of Law by Cheryl L. Perry in support of #6 Motion by Cheryl L. Perry for Leave to File Amended Complaint. ERROR: Exhibit, Proposed Amended Complaint, attached to the Memorandum of Law as opposed to the Motion pursuant to LR Civ P 7.1. CORRECTION: Exhibit removed and attached to the Motion at ECF No. 6. (ts)
November 27, 2023 Filing 9 MEMORANDUM OF LAW by Cheryl L. Perry in support of #8 MOTION by Cheryl L. Perry to Remand Case to Circuit Court of Kanawha County (Forbes, W.)
November 27, 2023 Filing 8 MOTION by Cheryl L. Perry to Remand Case to Circuit Court of Kanawha County (Forbes, W.)
November 27, 2023 Filing 7 MEMORANDUM OF LAW by Cheryl L. Perry in support of #6 MOTION by Cheryl L. Perry for Leave to File Amended Complaint (Forbes, W.) (Modified on 11/28/2023 to remove exhibit incorrectly attached to memorandum) (ts).
November 27, 2023 Filing 6 MOTION by Cheryl L. Perry for Leave to File Amended Complaint (Attachment: #1 Proposed Amended Complaint) (Forbes, W.) (Modified on 11/28/2023 to convert event to motion for leave and to add attachment #1) (ts).
November 8, 2023 Filing 5 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by West Virginia CVS Pharmacy, LLC. (Kane, Brian)
November 2, 2023 Opinion or Order Filing 4 ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 11/24/2023. Last day for Rule 26(f) meeting - 12/13/2023. Last day to file report of Rule 26(f) meeting - 12/20/2023. Scheduling Conference at 9:00 AM on 1/3/2024 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 1/8/2024. Last day to make Rule 26(a)(1) disclosures - 1/16/2024. Signed by Judge Joseph R. Goodwin on 11/2/2023. (cc: counsel of record; any unrepresented parties) (mfo)
November 2, 2023 Filing 3 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)
November 1, 2023 CASE assigned to Judge Joseph R. Goodwin. (klc)
November 1, 2023 Filing 2 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant West Virginia CVS Pharmacy, LLC (Kane, Brian)
November 1, 2023 Filing 1 NOTICE OF REMOVAL by West Virginia CVS Pharmacy, LLC with summons, complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $402.00. Receipt #AWVSDC-8527194. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (mfo) (Modified on 11/2/2023 to remove party filer) (ts).

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Plaintiff: Cheryl L. Perry
Represented By: W. Jesse Forbes
Represented By: Jennifer Narog Taylor
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Defendant: West Virginia CVS Pharmacy, LLC doing business as CVS/PHARMACY #4244
Represented By: Robert J. Behling
Represented By: Brian S. Kane
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Defendant: John Doe as manager, employee and agent of West Virginia CVS Pharmacy, LLC doing business as CVS/PHARMACY #4244
Represented By: Brian S. Kane
Represented By: Robert J. Behling
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