Liebau v. West Virginia Division of Corrections and Rehabilitation et al
Plaintiff: William Liebau
Defendant: West Virginia Division of Corrections and Rehabilitation and Lt. Timothy Tibbs
Case Number: 2:2024cv00587
Filed: October 17, 2024
Court: U.S. District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Prisoner - (Prison Condition)
Cause of Action: 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 14, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 25, 2024 Opinion or Order Filing 10 SCHEDULING ORDER directing that the scheduling conference 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 1/6/2025. Last date to serve discovery requests - 8/8/2025. All discovery to be completed - 9/5/2025. Last date to complete depositions - 9/26/2025. Opening Rule 26 expert disclosures - 7/25/2025. Responsive Rule 26 expert disclosures - 8/25/2025. Rebuttal Rule 26 expert disclosure - 9/8/2025. Dispositive motions deadline - 10/24/2025. 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 - 12/5/2025. Responses for motions in limine - 12/12/2025. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 1/8/2026, Integrated pretrial order - 1/15/2026. Pretrial Conference/Final Settlement Conference on 1/22/2026 at 11:00 AM. Trial on 2/2/2026 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 11/25/2024. (cc: counsel of record; any unrepresented party) (kew)
November 22, 2024 Opinion or Order Filing 9 RULE 26(f) REPORT OF PLANNING MEETING by Timothy Tibbs, William Liebau. (Cyrus, Harrison) (Modified on 11/25/2024 to add party filer) (kew).
November 15, 2024 Opinion or Order Filing 8 WAIVER OF SERVICE EXECUTED. Waiver signed by Tyler Rittenhouse on 11/15/24. West Virginia Division of Corrections and Rehabilitation waiver mailed on 10/31/2024, answer due 12/30/2024. (Stroebel, Paul)
November 15, 2024 Opinion or Order Filing 7 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 11/8/2024 as to West Virginia Division of Corrections and Rehabilitation. Certified Mail Number: 92148901125134100004056068. (mfo)
November 5, 2024 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to West Virginia Division of Corrections and Rehabilitation, re: Complaint Attached to #1 Petition for 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). (kew)
November 5, 2024 Opinion or Order Filing 5 SUMMONS SUBMITTED by William Liebau for West Virginia Division of Corrections and Rehabilitation, re: Complaint Attached to #1 Petition for Removal. (Stroebel, Paul) (Modified on 11/5/2024 to add link to #1 petition for removal) (kew).
October 24, 2024 Opinion or Order Filing 4 ANSWER TO COMPLAINT ATTACHED TO #1 PETITION FOR REMOVAL With Jury Demand by Timothy Tibbs. (Cyrus, Harrison) (Modified on 10/25/2024 to add link to #1 petition for removal and to add jury demand) (kew).
October 21, 2024 Opinion or Order Filing 3 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 11/8/2024. Last day for Rule 26(f) meeting - 11/15/2024. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 11/22/2024. Scheduling Conference at 9:00 AM in Charleston, West Virginia on 12/5/2024, before the undersigned, unless cancelled. Entry of Scheduling Order - 12/12/2024. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 12/19/2024. Signed by Judge Irene C. Berger on 10/21/2024. (cc: counsel of record; any unrepresented party) (tmr)
October 18, 2024 Opinion or Order 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: counsel of record and any pro se party) (klc)
October 17, 2024 Opinion or Order Filing 1 PETITION FOR REMOVAL by Timothy Tibbs with summons, complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $405.00. Receipt #AWVSDC-8754682. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet) (lca)
October 17, 2024 Opinion or Order CASE assigned to Judge Irene C. Berger. (klc)

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Defendant: West Virginia Division of Corrections and Rehabilitation
Represented By: Tyler Rittenhouse
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Defendant: Lt. Timothy Tibbs
Represented By: John P. Fuller
Represented By: Harrison M. Cyrus
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Plaintiff: William Liebau
Represented By: Paul E. Stroebel
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