Edwards v. McElliotts Trucking, LLC et al
| Richard Edwards, Jr. |
| McElliotts Trucking, LLC, Danny McGowan, Cardinal Transport, Inc. and Harold Midkiff |
| Cardinal Transport, Inc. |
| McElliotts Trucking, LLC, Danny McGowan and Harold Midkiff |
| 3:2016cv01879 |
| February 26, 2016 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Wayne |
| Robert C. Chambers |
| Other Personal Injury |
| 28 U.S.C. ยง 1391 |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
274
MEMORANDUM OPINION AND ORDER granting Defendant's 257 MOTION to Offset Judgment in the amount of $372,500.00; granting Plaintiff's 245 MOTION for Prejudgment Interest in the amount of $49,748.19; granting Plaintiff's [244 ] BILL OF COSTS in the amount of $5731.09; denying Defendant's 258 MOTION for a New Trial; granting Defendant's 260 ALTERNATIVE MOTION to Certify Appeal; and granting Defendant's 246 MOTION to Stay Judgment. Signed by Judge Robert C. Chambers on 12/11/2018. (cc: counsel of record; any unrepresented parties) (jsa) (Modified on 12/11/2018 to add link to #245 motion and remove link to #256 response and to replace incorrect image) (mkw).
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Filing
225
ORDER granting Plaintiff's oral Motion to Exclude Defendant Cardinal Transport Inc.'s Witness Linda Holbrook for Failure to Disclose. Signed by Judge Robert C. Chambers on 8/10/2018. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing
213
ORDER denying Defendant Cardinal Transport, Inc.'s 183 MOTION to Exclude; granting Defendant McElliotts Trucking, LLC, and Danny McGowan's 202 MOTION to Bifurcate the Cross-Claims of Cardinal; directing that the jury trial in this matte r beginning 8/7/2018 will be restricted to the issue of Plaintiff's claims against Cardinal; further directing that Cardinal's cross-claims against the McElliotts Defendants are BIFURCATED and will proceed separately; granting Cardinal' ;s oral motion to exclude any reference to insurance obligations and directing Plaintiff to inform the witnesses he intends to call at trial of this ruling and to avoid eliciting testimony regarding insurance obligations; denying Cardinal's oral motion to preclude Plaintiff from introducing medical bills into evidence; directing that Plaintiff's claims against the McElliotts Defendants are DISMISSED as moot at this time pursuant to their settlement agreement; further directing that Plaintiff's claims against the McElliotts Defendants be STAYED pending consummation of their settlement. Signed by Judge Robert C. Chambers on 8/7/2018. (cc: counsel of record; any unrepresented party) (jsa)
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Filing
192
MEMORANDUM OPINION AND ORDER denying Cardinal's 148 Application for Entry of Default; granting the McElliotts Defendants' 150 Motion for Leave to Answer; granting Plaintiff's 149 Motion to Exclude Reference Regarding Plaintiff� 39;s Past Drug Problem; holding in abeyance Cardinal's 183 Motion to Exclude Evidence Regarding Compliance with Federal Law; denying Plaintiff's 188 Motion to Reconsider; additionally, Cardinal is granted leave to amend its crossclaim a gainst the McElliotts Defendants should it wish to do so and is directed to file any such amended crossclaim by 7/27/2018; directing the McElliotts Defendants to respond, either to the original crossclaim if no amendment is filed or to Cardinal' s amended crossclaim, by 8/3/2018; additionally, all parties are granted leave to file supplemental or amended briefings or exhibits regarding the issues presented in Cardinal's 183 Motion to Exclude Evidence Regarding Compliance with Federal Law and are directed to file any supplemental or amended briefings by 7/27/2018; should any party wish to respond or reply to another party's filings on the matter, those responses and replies are due no later than 8/3/2018; finally, the parties are directed to confer on the matter of the admissibility and the extent of admissibility regarding the matter of the McElliotts Defendants' obligation and subsequent failure to obtain liability insurance; in the event the parties are unable to agree, the Court will hear argument on this issue at the Final Settlement Conference; each party is additionally directed to send to the Final Settlement Conference a representative with full settlement authority who is prepared to participate meaningfully in settlement negotiations. Signed by Judge Robert C. Chambers on 7/20/2018. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing
176
MEMORANDUM OPINION AND ORDER denying 171 MOTION by Richard Edwards, Jr. for Determination if Bankruptcy Filing Stays the Jury Trial Against Non-Debtor Cardinal Transport, Inc.; staying all proceedings in this matter as against all defendants pendi ng the resolution of McElliotts' bankruptcy petition; directing McElliotts to provide the Court with status reports regarding its ongoing bankruptcy proceedings by May 1 and November 1 of each year until its bankruptcy is resolved; further directing McElliotts to file notice with the Court when its bankruptcy proceedings are resolved, at which time this case will proceed. Signed by Judge Robert C. Chambers on 11/17/2017. (cc: attys; any unrepresented parties) (mkw)
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Filing
129
MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant Cardinal Transport's 102 Omnibus MOTIONS in Limine, as more fully set forth herein. Signed by Judge Robert C. Chambers on 8/22/2017. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing
121
MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant Cardinal Transport's 72 MOTION for Summary Judgment, as more fully set forth herein; denying Defendant Cardinal Transport's 84 MOTION to Strike and to Exclude Untimely Evidence. Signed by Judge Robert C. Chambers on 8/2/2017. (cc: counsel of record; any unrepresented parties) (jsa)
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