Patterson v. Boyle Brothers, Inc.
| Charles D. Patterson |
| Boyle Brothers, Inc. and Kenneth D. Allen |
| 3:2019cv00900 |
| December 18, 2019 |
| U.S. District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2020. A more recent docket listing may be available from PACER.
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Filing 17
PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 2/13/2020. (cc: counsel of record; any unrepresented party) (hkl)
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| Filing 16 PROPOSED ORDER Protective Order by Boyle Brothers, Inc., Charles D. Patterson (Collis, Pamela) (Modified on 2/12/2020 to add party filer) (ts). |
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Filing 15
AMENDED SCHEDULING ORDER Joinder of Parties, amended pleadings due by 7/30/2020. Discovery requests to be completed by 9/15/2020, and all depositions by 10/30/2020. Expert Witness List by parties bearing the burden of proof due by 10/30/2020, by party not bearing burden of proof due by 11/30/2020, and to solely contradict or rebut evidence due by 12/30/2020. Dispositive Motions except those filed under Rule 12(b) due by 11/16/2020, 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 3/8/2021. Plaintiff's portion of proposed Pretrial Order to defendant due by 3/15/2021, Proposed Integrated Pretrial Order due by 3/22/2021. Pretrial Conference set for 3/29/2021 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 4/6/2021. Final Settlement Conference at 09:30 AM on 4/12/2021 in Huntington. Trial set for 4/13/2021 at 08:30 AM in Huntington before Judge Robert C. Chambers; further canceling the scheduling conference set for 2/18/2020. Signed by Judge Robert C. Chambers on 1/24/2020. (cc: attys; any unrepresented parties) (mkw)
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Filing 14
SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 7/30/2020. Discovery requests to be completed by 9/15/2020, and all depositions by 10/30/2020. Expert Witness List by parties bearing the burden of proof due by 10/30/2020, by party not bearing burden of proof due by 11/30/2020, and to solely contradict or rebut evidence due by 12/30/2020. Dispositive Motions except those filed under Rule 12(b) due by 11/16/2020, 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 3/8/2021. Plaintiff's portion of proposed Pretrial Order to defendant due by 3/15/2021, Proposed Integrated Pretrial Order due by 3/22/2021. Pretrial Conference set for 3/29/2021 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 4/6/2021. Final Settlement Conference at 09:30 AM on 4/12/2021 in Huntington. Trial set for 4/13/2021 at 08:30 AM in Huntington before Judge Robert C. Chambers; further canceling the scheduling conference set for 2/18/2020. Signed by Judge Robert C. Chambers on 1/24/2020. (cc: attys; any unrepresented parties) (mkw)
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Filing 13
ORDER OF COURT directing that Defendant Kenneth D. Allen is dismissed from this litigation by the #12 JOINT STIPULATION of the parties WITHOUT PREJUDICE; Defendant Kenneth D. Allen's #8 MOTION to Dismiss Pursuant to F.R.C.P. 129b)(6) and Brief in Support are withdrawn without prejudice with leave to renew to the extent Plaintiff seeks to rejoin Defendant Kenneth D. Allen to this litigation; and the case caption in this matter is amended, as more fully set forth herein. Signed by Judge Robert C. Chambers on 1/24/2020. (cc: attys; any unrepresented party) (mkw)
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| Filing 12 JOINT VOLUNTARY STIPULATION TO DISMISS DEFENDANT KENNETH D. ALLEN PURSUANT TO F.R.C.P. 41(a) by Kenneth D. Allen, Boyle Brothers, Inc., Charles D. Patterson and MOTION by Kenneth D. Allen, Boyle Brothers, Inc., Charles D. Patterson to Amend Case Caption. (Attachment: #1 Proposed Order)(Collis, Pamela) (Modified on 1/24/2020 to add party filer) (mkw). |
| Filing 11 RULE 26(f) REPORT OF PLANNING MEETING by Kenneth D. Allen, Boyle Brothers, Inc., Charles D. Patterson. (Collis, Pamela) (Modified on 1/23/2020 to add party filers) (ts). |
| NOTICE OF DOCKET CORRECTION re: #10 Notice Of Attorney Appearance by Pamela V. Collis on behalf of Boyle Brothers, Inc., Kenneth Allen. ERROR: Incorrect form filed. CORRECTION: Image replaced with proper form. (ts) |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE by Pamela V. Collis on behalf of Boyle Brothers, Inc., Kenneth Allen (Collis, Pamela) (Modified on 1/22/2020 to replace image) (ts). |
| Filing 9 WITHDRAWN PURSUANT TO THE #13 ORDER OF COURT. BRIEF by Kenneth D. Allen in support of #8 MOTION by Kenneth D. Allen to Dismiss With Prejudice. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Polena, John) (Modified on 1/24/2020 to note that this brief is withdrawn pursuant to the #13 order of court) (mkw). |
| Filing 8 WITHDRAWN PURSUANT TO THE #13 ORDER OF COURT. MOTION by Kenneth D. Allen to Dismiss (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit B, #5 Exhibit D, #6 Exhibit E)(Polena, John) (Modified on 1/24/2020 to note that this motion has been withdrawn pursuant to the #13 order of court) (mkw). |
| NOTICE OF DOCKET CORRECTION re: #3 Notice of Attorney Appearance by John Michael Polena on behalf of Boyle Brothers, Inc. ERROR: Incorrect form used. CORRECTION: Image replaced. (ts) |
| Filing 7 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Boyle Brothers, Inc. (Attachment: #1 Exhibit A)(Polena, John) |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by John M. Polena, Esquire on 12/20/2019. Boyle Brothers, Inc. waiver mailed on 12/23/2019, answer due 2/21/2020. (Polena, John) |
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Filing 5
ORDER AND NOTICE: Rule 12(b) Motions 1/13/2020. Rule 26(f) Meeting 1/27/2020. Last day to file report of Rule 26(f) Meeting 2/3/2020. Scheduling/status Conference at 11:30 AM on 2/18/2020 in Huntington. Entry of Scheduling Order 2/24/2020. Last Day to make Rule 26(a)(1) disclosures 3/2/2020. Signed by Judge Robert C. Chambers on 12/23/2019. (cc: counsel of record; any unrepresented parties) (jsa)
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| Filing 4 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Boyle Brothers, Inc. (Polena, John) |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE by John Michael Polena on behalf of Boyle Brothers, Inc. (Polena, John) (Modified on 12/30/2019 to replace image) (ts). |
| 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: counsel of record; any unrepresented party) (jsa) |
| CASE assigned to Judge Robert C. Chambers. (klc) |
| Filing 1 NOTICE OF REMOVAL by Kenneth D. Allen, Boyle Brothers, Inc. with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Putnam County. Filing Fee $400.00. Receipt #AWVSDC-7490479. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 State Court Docket Sheet, #8 Civil Cover Sheet) (jsa) (Modified on 12/19/2019 to correct the filed date) (mkw). |
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