Donahue et al v. Community Trust Bank
Plaintiff: Barbara Donahue and Rex Donahue
Defendant: Community Trust Bank
Case Number: 3:2019cv00418
Filed: May 30, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Referring Judge: Thomas E Johnston
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 23, 2019 Opinion or Order Filing 23 SCHEDULING ORDER canceling the Scheduling Conference previously scheduled for 7/23/2019. Joinder of Parties, amended pleadings due by 8/22/2019. Discovery requests to be completed by 3/3/2020 and all depositions by 4/15/2020. Expert Witness List by parties bearing the burden of proof due by 2/17/2020, by party not bearing burden of proof due by 3/16/2020, and to solely contradict or rebut evidence due by 4/1/2020. Dispositive Motions except those filed under Rule 12(b) due by 5/5/2020, with responses due by 5/19/2020 and replies due by 5/26/2020. Settlement Meeting to be held by 7/6/2020. Motions in Limine to be filed by 7/13/2020, with responses due by 7/20/2020. Plaintiffs' portion of proposed Pretrial Order to defendants due by 7/10/2020; Joint Pretrial Order by 7/17/2020. Pretrial Conference set for 8/6/2020 at 2:00 PM in Charleston before Judge Thomas E. Johnston. Jury Instructions and Voir Dire by 8/11/2020. Final Settlement Conference at 2:00 PM on 8/6/2020 in Charleston. Trial set for 8/18/2020 at 9:00 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 7/23/2019. (cc: counsel of record; any unrepresented party) (jsa)
July 15, 2019 Opinion or Order Filing 22 AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(d) directing that the procedures herein shall govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 7/15/2019. (cc: counsel of record; any unrepresented party) (jsa)
July 12, 2019 Opinion or Order Filing 21 ORDER SETTING DEPOSITION PROTOCOL directing that the protocol described herein shall be followed with all depositions conducted in this matter. Signed by Magistrate Judge Cheryl A. Eifert on 7/12/2019. (cc: counsel of record) (jsa)
July 12, 2019 Opinion or Order Filing 20 PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 7/12/2019. (cc: counsel of record; any unrepresented party) (jsa)
July 9, 2019 Opinion or Order Filing 19 ORDER continuing the settlement conference currently scheduled for 7/10/2019 to 8/8/2019 at 10:00 a.m. in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 7/9/2019. (cc: counsel of record; any unrepresented party) (jsa)
July 8, 2019 MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #18 JOINT MOTION by Community Trust Bank, Rex Donahue, Barbara Donahue for Entry of Protective Order, Orders Governing the Inadvertent Disclosure of Documents or Other Material, and Setting Deposition Protocol. (ts)
July 8, 2019 Filing 18 JOINT MOTION by Community Trust Bank, Rex Donahue, Barbara Donahue for Entry of Protective Order, Orders Governing the Inadvertent Disclosure of Documents or Other Material, and Setting Deposition Protocol (Attachment: #1 Exhibit A-Orders)(Jones, Ellen) (Modified on 7/8/2019 to add party filers) (ts).
July 8, 2019 Filing 17 RULE 26(f) REPORT OF PLANNING MEETING by Community Trust Bank, Rex Donahue, Barbara Donahue. (Jones, Ellen) (Modified on 7/8/2019 to add party filers) (ts).
June 26, 2019 Opinion or Order Filing 16 ORDER scheduling a Settlement Conference for 7/10/2019 at 1:00 PM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 6/26/2019. (cc: counsel of record; any unrepresented party) (jsa)
June 24, 2019 Filing 15 TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 6/24/2019. (slw)
June 24, 2019 Opinion or Order Filing 14 ORDER setting a Telephonic Status Conference for 6/24/2019 at 3:00 PM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 6/24/2019. (cc: counsel of record; any unrepresented party) (jsa)
June 21, 2019 Filing 13 MEMORANDUM by Barbara Donahue, Rex Donahue in support of Plaintiffs' #12 MOTION for a Temporary Restraining Order and Temporary Injunction Preventing the Defendant's Trustee Sale of the Property in Question Currently Scheduled for 6/26/2019 Pursuant to Hearing or Ex Parte if Necessary. (hkl)
June 21, 2019 Filing 12 MOTION by Barbara Donahue, Rex Donahue for a Temporary Restraining Order and Temporary Injunction Preventing the Defendant's Trustee Sale of the Property in Question Currently Scheduled for 6/26/2019 Pursuant to Hearing or Ex Parte if Necessary. (Attachments: #1 Certification by Attorney, #2 Affidavit of Rex Donahue, #3 Notice of Successor Trustee's Sale) (hkl)
June 21, 2019 Filing 11 MEMORANDUM by Barbara Donahue, Rex Donahue in support of Plaintiffs' #10 MOTION to Amend the Complaint attached to the #1 Notice of Removal. (hkl)
June 21, 2019 Filing 10 MOTION by Barbara Donahue, Rex Donahue to Amend the Complaint attached to the #1 Notice of Removal. (hkl)
June 21, 2019 Filing 9 MEMORANDUM OF LAW by Barbara Donahue, Rex Donahue in support of Plaintiffs' #8 Response to Community Trust Bank's #5 Motion to Dismiss Complaint. (hkl)
June 21, 2019 Filing 8 RESPONSE by Barbara Donahue, Rex Donahue to Community Trust Bank's #5 MOTION to Dismiss Complaint. (hkl)
June 10, 2019 Opinion or Order Filing 7 ORDER AND NOTICE: Rule 12(b) Motions 6/24/2019. Rule 26(f) Meeting 7/8/2019. Last day to file report of Rule 26(f) Meeting 7/16/2019. Telephonic Scheduling Conference at 2:00 PM on 7/23/2019 in Charleston. Entry of Scheduling Order 7/29/2019. Last Day to make Rule 26(a)(1) disclosures 8/6/2019. Signed by Judge Thomas E. Johnston on 6/10/2019. (cc: counsel of record; any unrepresented party) (jsa)
June 5, 2019 Filing 6 MEMORANDUM by Community Trust Bank in support of #5 MOTION by Community Trust Bank to Dismiss Complaint (Jones, Ellen)
June 5, 2019 Filing 5 MOTION by Community Trust Bank to Dismiss Complaint Attached to #1 Notice of Removal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Jones, Ellen) (Modified on 6/6/2019 to add link to #1 notice of removal)(ts).
June 3, 2019 Filing 4 CLERK'S ORDER. For reasons appearing to the court, this action is hereby REASSIGNED from Judge Robert C. Chambers to Judge Thomas E. Johnston. Signed by Clerk of Court Rory L. Perry II on 06/03/2019. (cc: Judge Chambers; Judge Johnston; counsel of record; any unrepresented party). (klc)
June 3, 2019 Opinion or Order Filing 3 ORDER directing this case transferred to Rory L. Perry II, Clerk of Court, for reassignment to another judge within this district. Signed by Judge Robert C. Chambers on 6/3/2019. (cc: counsel of record; any unrepresented parties) (jsa)
May 30, 2019 CASE assigned to Judge Robert C. Chambers. (klc)
May 30, 2019 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)
May 30, 2019 Filing 1 NOTICE OF REMOVAL by Community Trust Bank with summons, complaint and docket sheet from Circuit Court of Cabell County. Filing Fee $400.00. Receipt #AWVSDC-7258927. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (hkl)

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Defendant: Community Trust Bank
Represented By: Janet Smith Holbrook
Represented By: Ellen M. Jones
Represented By: Daniel J. Konrad
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Plaintiff: Barbara Donahue
Represented By: Steven T. Cook
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Plaintiff: Rex Donahue
Represented By: Steven T. Cook
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