Ayash v. Barnette et al
| Christopher Ayash |
| David Barnette and Karl Hamm |
| 2:2024cv00720 |
| December 13, 2024 |
| U.S. District Court for the Southern District of West Virginia |
| Irene C Berger |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 13, 2025. A more recent docket listing may be available from PACER.
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Filing 23
SCHEDULING ORDER directing that the scheduling conference set for 2/6/2025, 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 3/17/2025. Last date to serve discovery requests - 7/14/2025. All discovery to be completed - 8/8/2025. Last date to complete depositions - 8/28/2025. Opening Rule 26 expert disclosures - 6/30/2025. Responsive Rule 26 expert disclosures - 7/29/2025. Rebuttal Rule 26 expert disclosure - 8/14/2025. Dispositive motions deadline - 10/14/2025. 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 - 1/5/2026. Responses for motions in limine - 1/12/2026. Proposed voir dire, jury instructions, and verdict form - 2/2/2026. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 1/29/2026, Integrated pretrial order - 2/5/2026. Pretrial Conference/Final Settlement Conference on 2/12/2026 at 9:00 AM. Trial on 2/23/2026 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 2/3/2025. (cc: counsel of record; any unrepresented parties) (lca)
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Filing 22
RULE 26(f) REPORT OF PLANNING MEETING by Christopher Ayash, David Barnette, Karl Hamm. (Smith, Christopher) (Modified on 1/29/2025 to add party filers) (kew).
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Filing 21
SEALED UNREDACTED REPLY by David Barnette and Karl Hamm to Plaintiff's Response in Opposition to Defendants' Motion to Dismiss; filed pursuant to Memorandum Opinion and Order (ECF No. 18). (arb)
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Filing 20
SEALED RESPONSE by Christopher Ayash in Opposition to Defendants' Motion to Dismiss; filed pursuant to Memorandum Opinion and Order (ECF No. 18). (arb)
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Filing 19
SEALED EXHIBITS I - IV by David Barnette and Karl Hamm to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment; filed pursuant to Memorandum Opinion and Order (ECF No. 18). (arb)
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Filing 18
MEMORANDUM OPINION AND ORDER granting the MOTION by David Barnette and Karl Hamm to File Under Seal Certain Documents to be Attached to Defendants' Motion to Dismiss Plaintiff's Complaint or, in the Alternative, for Summary Judgment in Favor of Defendants (ECF No. 7); granting the MOTION by Christopher Ayash to File Under Seal Response in Opposition to Defendants' Motion to Dismiss (ECF No. 10); and granting the MOTION by David Barnette and Karl Hamm to File Under Seal Unredacted Version of Defendants' Reply to Response in Opposition to Defendants' Motion to Dismiss (ECF No. 16). Signed by Judge Irene C. Berger on 1/13/2025. (cc: counsel of record and any unrepresented party) (arb)
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Filing 17
MEMORANDUM OF LAW by David Barnette, Karl Hamm in support of #16 MOTION by David Barnette, Karl Hamm to File Under Seal Unredacted Version of Reply to Response in Opposition (ECF No. 12) to Defendants' Motion to Dismiss (Rodgers, R.)
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Filing 16
MOTION by David Barnette, Karl Hamm to File Under Seal Unredacted Version of Reply to Response in Opposition (ECF No. 12) to Defendants' Motion to Dismiss. (Rodgers, R.)
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Filing 15
REPLY by David Barnette, Karl Hamm to #12 Response In Opposition. (Rodgers, R.)
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Filing 14
ORDER denying the parties' #13 Agreed Order Extending Deadline for Defendants to File Their Reply to Plaintiff's Response in Opposition to Defendants' Motion to Dismiss, construed as a motion to extend time, finding that the parties have failed to set forth good cause for the requested additional time given the lack of factual information included in the motion. Signed by Judge Irene C. Berger on 1/2/2025. (cc: counsel of record; any unrepresented party) (jsa)
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Filing 13
PROPOSED ORDER Agreed Order Extending Deadline for Defendants to File Their Reply to Plaintiff's "Response In Opposition to Defendants' Motion To Dismiss" by David Barnette, Karl Hamm, Christopher Ayash. (Rodgers, R.) (Modified on 12/31/2024 to add party filer) (kew).
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Filing 12
RESPONSE by Christopher Ayash in opposition to #4 MOTION by David Barnette, Karl Hamm to Dismiss Complaint Attached to #1 Notice of Removal or, in the Alternative, for Summary Judgment. (Smith, Christopher)
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Filing 11
MEMORANDUM OF LAW by Christopher Ayash in support of #10 MOTION by Christopher Ayash to File Under Seal Response in Opposition to Defendants' Motion to Dismiss (ECF No. 4). (Smith, Christopher)
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Filing 10
MOTION by Christopher Ayash to File Under Seal Response in Opposition to Defendants' Motion to Dismiss (ECF No. 4). (Attachment: #1 Proposed Response)(Smith, Christopher)
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Filing 9
CERTIFICATE OF SERVICE by David Barnette, Karl Hamm for Motion To File Under Seal Certain Documents To Be Attached To "Defendants' Motion To Dismiss Plaintiff's 'Complaint,' Or, In The Alternative, For Summary Judgment In Favor Of Defendants". (Rodgers, R.)
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Filing 8
MEMORANDUM OF LAW by David Barnette, Karl Hamm in support of #7 MOTION by David Barnette, Karl Hamm to File Under Seal Certain Documents to be Attached to Motion to Dismiss Complaint Attached to Notice of Removal or, in the Alternative, for Summary Judgment (ECF No. 4). (Rodgers, R.)
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Filing 7
MOTION by David Barnette, Karl Hamm to File Under Seal Certain Documents to be Attached to Motion to Dismiss Complaint Attached to Notice of Removal or, in the Alternative, for Summary Judgment (ECF No. 4) (Attachment: #1 Exhibits I-IV)(Rodgers, R.)
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Filing 6
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 1/14/2025. Last day for Rule 26(f) meeting - 1/21/2025. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 1/28/2025. Scheduling Conference at 2:30 PM in Charleston, West Virginia on 2/6/2025, before the undersigned, unless cancelled. Entry of Scheduling Order - 2/13/2025. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 2/20/2025. Signed by Judge Irene C. Berger on 12/17/2024. (cc: counsel of record; any unrepresented party) (mfo)
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Filing 5
MEMORANDUM OF LAW by David Barnette, Karl Hamm in support of #4 MOTION by David Barnette, Karl Hamm to Dismiss Complaint Attached to #1 Notice of Removal or, in the Alternative, for Summary Judgment. (Rodgers, R.)
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Filing 4
MOTION by David Barnette, Karl Hamm to Dismiss Complaint Attached to #1 Notice of Removal or, in the Alternative, for Summary Judgment. (Rodgers, R.) (Modified on 12/17/2024 to add link to #1 notice of removal) (kew).
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Filing 3
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 Omar J. Aboulhosn for Discovery. (cc: counsel of record and any pro se party) (klc)
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CASE assigned to Judge Irene C. Berger. (klc)
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Filing 2
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants David Barnette and Karl Hamm. (mfo)
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Filing 1
NOTICE OF REMOVAL by Karl Hamm, David Barnette with summons, complaint, docket sheet and other miscellaneous documents from the Circuit Court of Kanawha County. Filing Fee $405.00. Receipt #AWVSDC-8790293. (Attachments: #1 Exhibit A - State Court Documents, #2 Civil Cover Sheet) (mfo)
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