Clark et al v. Appalachian Power Company et al
| Tom Ellis, Amanda Congleton and Jeannie Clark |
| Homeserve USA Repair Management Corp., American Electric Power Company, Inc. and Appalachian Power Company |
| 2:2024cv00424 |
| August 15, 2024 |
| US District Court for the Southern District of West Virginia |
| John T Copenhaver |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 3, 2024. A more recent docket listing may be available from PACER.
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Filing 29
ORDER granting #26 UNOPPOSED MOTION by Jeannie Clark, Amanda Congleton, Tom Ellis to Alter Response Deadlines to #11 , #13 , #15 , #17 , #19 and #21 Motions to 10/28/2024; and granting #27 JOINT MOTION by Jeannie Clark, Amanda Congleton, Tom Ellis, Appalachian Power Company, American Electric Power Company, Inc., Homeserve USA Repair Management Corp. to Modify #6 Order and Notice; directing that the response deadline for plaintiffs to respond to #11 , #13 , #15 , #17 , #19 and #21 Motions originally set for 10/7/2024 is EXTENDED to 10/28/2024. The scheduling conference currently scheduled for 10/4/2024 is RESCHEDULED to 11/8/2024 at 1:30 p.m., as more fully set forth herein. Signed by Senior Judge John T. Copenhaver, Jr. on 10/3/2024. (cc: counsel of record; any unrepresented parties) (mfo)
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| Filing 28 STATEMENT OF VISITING ATTORNEY from Natalie A. Lyons on behalf of Jeannie Clark, Tom Ellis, Amanda Congleton. Local counsel: Rodney A. Smith. Fee $50.00. Receipt # AWVSDC-8744124. (Smith, Rodney) |
| Filing 27 JOINT MOTION by Jeannie Clark, Amanda Congleton, Tom Ellis, Appalachian Power Company, American Electric Power Company, Inc., Homeserve USA Repair Management Corp. to Modify #6 Order and Notice. (Smith, Rodney) (Modified on 10/3/2024 to add party filers) (kew). |
| Filing 26 UNOPPOSED MOTION by Jeannie Clark, Amanda Congleton, Tom Ellis to Alter Response Deadlines to #11 , #13 , #15 #17 , #19 and #21 Motions to 10/28/2024. (Smith, Rodney) (Modified on 10/2/2024 to add links to motions 11, 13, 15, 17, 19, 21) (kew). |
| Filing 25 STATEMENT OF VISITING ATTORNEY from Michael Iadevaia on behalf of Jeannie Clark, Tom Ellis, Amanda Congleton. Local counsel: Rodney A. Smith. Fee $50.00. Receipt # AWVSDC-8742567. (Smith, Rodney) |
| Filing 24 STATEMENT OF VISITING ATTORNEY from J. Gerard Stranch, IV on behalf of Jeannie Clark, Tom Ellis, Amanda Congleton. Local counsel: Rodney A. Smith. Fee $50.00. Receipt # AWVSDC-8740928. (Smith, Rodney) |
| Filing 23 RULE 26(f) REPORT OF PLANNING MEETING by Jeannie Clark, Amanda Congleton, Tom Ellis, Appalachian Power Company, American Electric Power Company, Inc., Homeserve USA Repair Management Corp. (Smith, Rodney) (Modified on 9/27/2024 to add party filers) (kew). |
| Filing 22 BRIEF by Homeserve USA Repair Management Corp. in support of #21 MOTION by Homeserve USA Repair Management Corp. to Stay Discovery. (Ward, Joseph) |
| Filing 21 MOTION by Homeserve USA Repair Management Corp. to Stay Discovery (Ward, Joseph) |
| Filing 20 MEMORANDUM by Homeserve USA Repair Management Corp. in support of #19 MOTION by Homeserve USA Repair Management Corp. to Dismiss Complaint. (Ward, Joseph) |
| Filing 19 MOTION by Homeserve USA Repair Management Corp. to Dismiss Complaint Attached to #1 Notice of Removal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ward, Joseph) (Modified on 9/24/2024 to add link to #1 notice of removal) (kew). |
| Filing 18 MEMORANDUM OF LAW by Homeserve USA Repair Management Corp. in support of #17 MOTION by Homeserve USA Repair Management Corp. to Compel Plaintiffs Clark and Congleton to Arbitrate and to Stay Proceedings (Ward, Joseph) |
| Filing 17 MOTION by Homeserve USA Repair Management Corp. to Compel Plaintiffs Clark and Congleton to Arbitrate and to Stay Proceedings (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Ward, Joseph) |
| Filing 16 BRIEF by American Electric Power Company, Inc., Appalachian Power Company in support of #15 MOTION by American Electric Power Company, Inc., Appalachian Power Company to Stay Discovery. (Harvey, Ronda) |
| Filing 15 MOTION by American Electric Power Company, Inc., Appalachian Power Company to Stay Discovery (Harvey, Ronda) |
| Filing 14 BRIEF by Appalachian Power Company in support of #13 MOTION by Appalachian Power Company to Dismiss Complaint. (Attachment: #1 Exhibit 1)(Harvey, Ronda) |
| Filing 13 MOTION by Appalachian Power Company to Dismiss Complaint Attached to #1 Notice of Removal. (Harvey, Ronda) (Modified on 9/24/2024 to correct link) (kew). |
| Filing 12 BRIEF by American Electric Power Company, Inc. in support of #11 MOTION by American Electric Power Company, Inc. to Dismiss Complaint. (Attachment: #1 Exhibit 1)(Harvey, Ronda) |
| Filing 11 MOTION by American Electric Power Company, Inc. to Dismiss Complaint Attached to #1 Notice of Removal. (Harvey, Ronda) (Modified on 9/24/2024 to correct link) (kew). |
| Filing 10 STATEMENT OF VISITING ATTORNEY from Lynn A. Toops on behalf of Jeannie Clark, Tom Ellis, Amanda Congleton. Local counsel: Rodney A. Smith. Fee $50.00. Receipt # AWVSDC-8729929. (Smith, Rodney) |
| Filing 9 STATEMENT OF VISITING ATTORNEY from James A. King on behalf of American Electric Power Company, Inc., Appalachian Power Company. Local counsel: Ronda L. Harvey. Fee $50.00. Receipt # AWVSDC-8725196. (Harvey, Ronda) |
| Filing 8 STATEMENT OF VISITING ATTORNEY from John M. McIntyre on behalf of American Electric Power Company, Inc., Appalachian Power Company. Local counsel: Ronda L. Harvey. Fee $50.00. Receipt # AWVSDC-8725177. (Harvey, Ronda) |
| ***SET ANSWER DEADLINE for American Electric Power Company, Inc., Appalachian Power Company, Homeserve USA Repair Management Corp. to 9/23/2024. (kew) |
| Filing 7 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL to 9/23/2024 by American Electric Power Company, Inc., Appalachian Power Company, Homeserve USA Repair Management Corp., Jeannie Clark, Amanda Congleton, Tom Ellis. (Ward, Joseph) (Modified on 8/22/2024 to add party filers) (kew). |
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Filing 6
ORDER AND NOTICE: Motions under F.R. Civ. P. 12(b) - 9/9/2024. Last day for Rule 26(f) Meeting - 9/19/2024. Last day to file Report of Parties' Planning Meeting - 9/26/2024. Scheduling Conference at 11:30 AM on 10/4/2024 at the Robert C. Byrd United States Courthouse in Charleston, before the undersigned, unless canceled. Entry of Scheduling Order - 10/10/2024. Last day to serve F.R. Civ. P. 26(a)(1) disclosures - 10/21/2024. Signed by Senior Judge John T. Copenhaver, Jr. on 8/20/2024. (cc: counsel of record; any unrepresented parties) (mfo)
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| Filing 5 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Dwane L. Tinsley for discovery. (cc: counsel of record and any pro se party) (ts) (Modified on 8/19/2024 to update referral type) (ts). |
| CASE assigned to Senior Judge John T. Copenhaver, Jr. (ts) |
| Filing 4 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Homeserve USA Repair Management Corp. (sbj) |
| Filing 3 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Appalachian Power Company. (sbj) |
| Filing 2 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant American Electric Power Company, Inc. (sbj) |
| Filing 1 NOTICE OF REMOVAL by American Electric Power Company, Inc., Homeserve USA Repair Management Corp., Appalachian Power Company with summonses, class action complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $405.00. Receipt #AWVSDC-8712216. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet) (sbj) |
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