Mitchell v. Allen Company, Inc. et al
| Brandon Mitchell |
| The Allen Company, Inc., Fictitious Parties A, B, C, D, E and F and Wal-Mart Stores East, LP |
| 2:2024cv00560 |
| October 9, 2024 |
| U.S. District Court for the Southern District of West Virginia |
| Frank W Volk |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 22, 2025. A more recent docket listing may be available from PACER.
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Filing 15
REPLY by Brandon Mitchell to #11 Response In Opposition. (Attachment: #1 Exhibit 1)(Whiteaker, Kristina)
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Filing 14
ORDER directing that the Scheduling Conference is CANCELED; This case shall proceed as follows: Amending the pleadings or joining parties - 1/6/2025. Last date to serve discovery requests - 3/18/2025. Opening Rule 26 expert disclosures - 3/3/2025. Responsive Rule 26 expert disclosures - 4/2/2025. Rebuttal Rule 26 expert disclosure - 4/18/2025. Discovery to close - 5/2/2025. Dispositive motions deadline - 5/22/2025. Response to dispositive motion - 6/5/2025. Reply to response to dispositive motion - 6/12/2025. Settlement Meeting - 7/23/2025. Motion in limine deadline - 7/30/2025. Responses for motions in limine deadline - 8/6/2025. Proposed pretrial order to defendant - 7/28/2025. Integrated pretrial order - 8/4/2025. Pretrial Conference on 8/11/2025 at 2:00 PM. Proposed jury charge - 9/3/2025. Final settlement conference on 9/8/2025 at 2:00 PM. Civil Jury Trial on 9/16/2025 at 9:00 AM. All proceedings shall be held by the court at the Robert C. Byrd United States Courthouse, Charleston, West Virginia. Signed by Chief Judge Frank W. Volk on 11/22/2024. (cc: counsel of record; any unrepresented parties) (msa)
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Filing 13
RULE 26(f) REPORT OF PLANNING MEETING by The Allen Company, Inc., Wal-Mart Stores East, LP., Brandon Mitchell. (Motes, Lauren) (Modified on 11/22/2024 to add party filer) (kew).
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Filing 12
RULE 41(a)(1) NOTICE OF DISMISSAL Without Prejudice as to Allen Company, Inc. by Brandon Mitchell, The Allen Company, Inc., Wal-Mart Stores East, LP, Brandon Mitchell. (Whiteaker, Kristina) (Modified on 11/21/2024 to add party filer) (kew).
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Filing 11
RESPONSE by Wal-Mart Stores East, LP in opposition to #9 MOTION by Brandon Mitchell to Remand Case to Circuit Court of Kanawha County (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Saad, Lindsey)
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Filing 10
MEMORANDUM OF LAW by Brandon Mitchell in support of #9 MOTION by Brandon Mitchell to Remand Case to Circuit Court of Kanawha County (Whiteaker, Kristina)
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Filing 9
MOTION by Brandon Mitchell to Remand Case to Circuit Court of Kanawha County (Whiteaker, Kristina)
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Filing 8
ORDER directing that this case is reassigned to the docket of Chief Judge Frank W. Volk. Signed by Senior Judge John T. Copenhaver, Jr. on 11/4/2024. (cc: counsel of record; any unrepresented parties) (mfo)
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Filing 7
STATEMENT OF VISITING ATTORNEY from Eric J. Artrip on behalf of Brandon Mitchell. Local counsel: Kristina Thomas Whiteaker. Fee $50.00. Receipt # AWVSDC-8759334. (Whiteaker, Kristina)
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Filing 6
ORDER AND NOTICE: Motions under F.R. Civ. P. 12(b) - 11/4/2024. Last day for Rule 26(f) Meeting - 11/14/2024. Last day to file Report of Parties' Planning Meeting - 11/21/2024. Scheduling Conference at 9:30 AM on 12/6/2024 at the Robert C. Byrd United States Courthouse in Charleston, before the undersigned, unless canceled. Entry of Scheduling Order - 12/12/2024. Last day to serve F.R. Civ. P. 26(a)(1) disclosures - 12/16/2024. Signed by Senior Judge John T. Copenhaver, Jr. on 10/16/2024. (cc: counsel of record; any unrepresented parties) (mfo)
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Filing 5
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Wal-Mart Stores East, LP (Saad, Lindsey)
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Filing 4
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant The Allen Company, Inc. (Saad, Lindsey)
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Filing 3
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 1, 2024. Discovery referred to Magistrate Judge Dwane L. Tinsley. (cc: counsel of record and any pro se party) (ts)
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Filing 2
NOTICE OF FAILURE TO FILE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 as to Allen Company, Inc., The Allen Company, Inc., Wal-Mart Stores East, LP., Brandon Mitchell (jsa) (Modified on 10/11/2024 to add party) (ts).
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Filing 1
NOTICE OF REMOVAL by Wal-Mart Stores East, LP with summons, complaint, amended complaints, answers, other documents and docket sheet from Circuit Court of Kanawha County. Filing Fee $405.00. Receipt #AWVSDC-8749524. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet) (jsa)
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CASE assigned to Senior Judge John T. Copenhaver, Jr. (ts)
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