McClung et al v. ECP Incorporated et al
| Frank McClung and Felicia McClung |
| A-One Dealer Supply, Inc. |
| ECP Incorporated |
| FOGIT, Inc. |
| 3:2018cv01453 |
| November 16, 2018 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 15
SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 2/14/2019. Discovery requests to be completed by 8/30/2019 and all depositions by 10/15/2019. Expert Witness List by parties bearing the burden of proof due by 6/28/2019, by party not bearing burden of proof due by 7/26/2019, and to solely contradict or rebut evidence due by 8/19/2019. Dispositive Motions except those filed under Rule 12(b) due by 11/4/2019; 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 11/25/2019. Plaintiffs' portion of proposed Pretrial Order to defendants due by 12/2/2019; Proposed Integrated Pretrial Order due by 12/9/2019. Pretrial Conference set for 12/16/2019 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 1/21/2020. Final Settlement Conference at 9:30 AM on 1/27/2020 in Huntington. Trial set for 1/28/2020 at 8:30 AM in Huntington before Judge Robert C. Chambers. The Court further CANCELS the scheduling conference set for 1/14/2019. Signed by Judge Robert C. Chambers on 1/3/2019. (cc: counsel of record; any unrepresented parties) (jsa)
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| Filing 14 THIRD PARTY SUMMONS RETURNED EXECUTED by ECP Incorporated. FOGIT, Inc. served on 12/21/2018, answer due 1/11/2019. (Carder, Jeffrey) |
| Filing 13 RULE 26(f) REPORT OF PLANNING MEETING by Felicia McClung, Frank McClung, A-One Dealer Supply Inc., ECP Incorporated. (Kesner, Brent) (Modified on 1/3/2019 to add party filers) (ts). |
| Filing 12 REPLY by Felicia McClung, Frank McClung to #11 Response In Opposition. (Kesner, Brent) |
| Filing 11 RESPONSE by ECP Incorporated in opposition to #9 AMENDED MOTION by Felicia McClung, Frank McClung to Remand Case to Circuit Court of Putnam County (Bailey, Charles) (Modified on 12/21/2018 to remove link to #7 motion) (ts). |
| Filing 10 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by A-One Dealer Supply, Inc. (Wiley, Traci) (Modified on 12/18/2018 to add link to #1 notice of removal) (ts). |
| Filing 9 AMENDED MOTION by Felicia McClung, Frank McClung to Remand Case to Circuit Court of Putnam County (Attachment: #1 Exhibit A)(Kesner, Brent) |
| Filing 8 MEMORANDUM by Felicia McClung, Frank McClung in support of #7 MOTION by Felicia McClung, Frank McClung to Remand Case to Circuit Court of Putnam County (Kesner, Brent) |
| Filing 7 MOTION by Felicia McClung, Frank McClung to Remand Case to Circuit Court of Putnam County (Kesner, Brent) |
| Filing 6 ELECTRONIC THIRD-PARTY SUMMONS ISSUED as to FOGIT, Inc., re: #4 Third Party Complaint. 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). (jsa) |
| Filing 5 SUMMONS SUBMITTED by ECP Incorporated for FOGIT, Inc., re: #4 Third-Party Complaint. (Bailey, Charles) (Modified on 11/26/2018 to add link to #4 third-party complaint) (mkw). |
| Filing 4 ANSWER TO COMPLAINT With Jury Demand by ECP Incorporated and THIRD-PARTY COMPLAINT by ECP Incorporated against FOGIT, Inc. (Attachments: #1 Exhibit 1, #2 Summons)(Bailey, Charles) (Modified on 11/21/2018 to add jury demand, link to # notice of removal) (ts). |
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Filing 3
ORDER AND NOTICE: Rule 12(b) Motions 12/10/2018. Rule 26(f) Meeting 12/24/2018. Last day to file report of Rule 26(f) Meeting 12/31/2018. Scheduling/status Conference at 11:30 AM on 1/14/2019 in Huntington. Entry of Scheduling Order 1/22/2019. Last Day to make Rule 26(a)(1) disclosures 1/28/2019. Signed by Judge Robert C. Chambers on 11/20/2018. (cc: counsel of record; any unrepresented parties) (hkl)
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| CASE assigned to Judge Robert C. Chambers. (klc) |
| 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) |
| Filing 1 NOTICE OF REMOVAL by ECP Incorporated with summons, complaint, docket sheet, and notice of filing from Circuit Court of Putnam County. Filing Fee $400.00. Receipt #AWVSDC-6961372. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Docket Sheet from Circuit Court of Putnam County, WV, #4 Notice of Filing of Petition for Removal, #5 Civil Cover Sheet) (hkl) |
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