Stewart et al v. Cornerstone Properties Plus, LLC et al
Plaintiff: Joseph M. Stewart and Carla G. Stewart
Defendant: Cornerstone Contractors, Inc., Appalachian Power Company and Cornerstone Properties Plus, LLC
Case Number: 3:2018cv01236
Filed: August 16, 2018
Court: US District Court for the Southern District of West Virginia
Office: Huntington Office
County: Cabell
Presiding Judge: Robert C Chambers
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2018 Opinion or Order Filing 17 SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 12/14/2018. Discovery requests to be completed by 4/15/2019, and all depositions by 5/31/2019. Expert Witness List by parties bearing the burden of proof due by 3/18/2019, by party not bearing burden of proof due by 4/8/2019, and to solely contradict or rebut evidence due by 4/22/2019. Dispositive Motions except those filed under Rule 12(b) due by 6/7/2019, any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. Settlement Meeting and Rule 26(a)(3) disclosures by 8/12/2019. Plaintiffs' portion of proposed Pretrial Order to defendants due by 8/19/2019, Proposed Integrated Pretrial Order due by 8/26/2019. Pretrial Conference set for 9/3/2019 at 11:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 9/10/2019. Final Settlement Conference at 9:30 AM on 9/16/2019 in Huntington. Trial set for 9/17/2019 at 8:30 AM in Huntington before Judge Robert C. Chambers; canceling the scheduling conference set for 10/15/2018. Signed by Judge Robert C. Chambers on 10/4/2018. (cc: counsel of record; any unrepresented parties) (hkl)
October 1, 2018 Filing 16 REPLY by Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC to #13 Response In Opposition. (David, Caleb)
October 1, 2018 Filing 15 ANSWER TO #11 Amended Cross-claim and CROSS-CLAIM against Appalachian Power Company by Cornerstone Properties Plus, LLC, Cornerstone Contractors, Inc. (David, Caleb)
October 1, 2018 Filing 14 RULE 26(f) REPORT OF PLANNING MEETING by Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC, Appalachian Power Company, Joseph M. Stewart, Carla G. Stewart. (David, Caleb) (Modified on 10/4/2018 to add party filers) (ts).
September 28, 2018 Filing 13 MEMORANDUM OF LAW IN RESPONSE by Carla G. Stewart, Joseph M. Stewart to #9 MOTION by Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC to Dismiss #7 Second Amended Complaint (Peyton, Thomas) (Modified on 10/1/2018 to remove link to #10 memorandum in support) (ts).
September 19, 2018 Filing 12 ANSWER TO #8 Crossclaim by Appalachian Power Company.(Sorrells, W.)
September 19, 2018 Filing 11 ANSWER TO #7 Second Amended Complaint with AMENDED CROSSCLAIM by Defendant Appalachian Power Company against Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC (Attachment: #1 Exhibit 1)(Sorrells, W.)
September 17, 2018 Filing 10 MEMORANDUM OF LAW by Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC in support of #9 MOTION by Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC to Dismiss #7 Second Amended Complaint (David, Caleb)
September 17, 2018 Filing 9 MOTION by Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC to Dismiss #7 Second Amended Complaint. (Attachment: #1 Exhibit A)(David, Caleb)
September 6, 2018 Filing 8 ANSWER TO #6 Crossclaim by Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC, and CROSSCLAIM by Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC against Appalachian Power Company (David, Caleb)
September 4, 2018 Filing 7 SECOND AMENDED COMPLAINT by Carla G. Stewart, Joseph M. Stewart against Appalachian Power Company, Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC; Jury demand. (hkl)
August 23, 2018 Filing 6 ANSWER TO AMENDED COMPLAINT by Defendant Appalachian Power Company and CROSSCLAIM by Defendant Appalachian Power Company against Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC by Appalachian Power Company. (Attachment: #1 Exhibit A (Drainage Easements))(Sorrells, W.)
August 20, 2018 Filing 5 MEMORANDUM OF LAW by Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC in support of #4 MOTION by Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC to Dismiss Complaint (David, Caleb)
August 20, 2018 Filing 4 MOTION by Cornerstone Contractors, Inc., Cornerstone Properties Plus, LLC to Dismiss Complaint Attached to #1 Notice of Removal. (David, Caleb) (Modified on 8/20/2018 to add link to #1 notice of removal) (ts).
August 20, 2018 Opinion or Order Filing 3 ORDER AND NOTICE: Rule 12(b) Motions 9/10/2018. Rule 26(f) Meeting 9/24/2018. Last day to file report of Rule 26(f) Meeting 10/1/2018. Scheduling/status Conference at 11:30 AM on 10/15/2018 in Huntington. Entry of Scheduling Order 10/22/2018. Last Day to make Rule 26(a)(1) disclosures 10/29/2018. Signed by Judge Robert C. Chambers on 8/20/2018. (cc: attys; any unrepresented party) (mkw)
August 16, 2018 CASE assigned to Judge Robert C. Chambers. (ts)
August 16, 2018 Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: attys; any unrepresented party) (hkl)
August 16, 2018 Filing 1 NOTICE OF REMOVAL by Cornerstone Contractors, Inc., Appalachian Power Company, Cornerstone Properties Plus, LLC with summons, civil case information statement, complaint, amended complaint, USPS certified mail receipts, written consent to removal, and docket sheet from Circuit Court of Cabell County. Filing Fee $400.00. Receipt #AWVSDC-6712912. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet) (hkl)

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Plaintiff: Joseph M. Stewart
Represented By: Thomas H. Peyton
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Plaintiff: Carla G. Stewart
Represented By: Thomas H. Peyton
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Defendant: Cornerstone Contractors, Inc.
Represented By: Caleb B. David
Represented By: Natalie C. Schaefer
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Defendant: Appalachian Power Company
Represented By: W. Bradley Sorrells
Represented By: Douglas C. McElwee
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Defendant: Cornerstone Properties Plus, LLC
Represented By: Caleb B. David
Represented By: Natalie C. Schaefer
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