Smith v. American Tire Distributors, Inc. et al
Plaintiff: Joshua G. Smith
Defendant: American Tire Distributors, Inc. and Jimmy Elliott
Case Number: 3:2020cv00254
Filed: April 8, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2020 Opinion or Order Filing 21 AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(d) directing that the described procedures shall govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 6/2/2020. (cc: counsel of record; any unrepresented party) (hkl)
May 27, 2020 Opinion or Order Filing 20 ORDER SETTING DEPOSITION PROTOCOL directing that the protocol herein shall be followed with all depositions conducted in this case. Signed by Magistrate Judge Cheryl A. Eifert on 5/27/2020. (cc: counsel of record; any unrepresented party) (hkl)
May 27, 2020 Opinion or Order Filing 19 PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 5/27/2020. (cc: counsel of record; any unrepresented party) (hkl)
May 27, 2020 Opinion or Order Filing 18 ORDER granting the parties' #17 JOINT MOTION to Stay Scheduling Deadlines; staying entry of a Scheduling Order until the Motion to Remand is resolved; canceling the Scheduling Conference currently set for Monday, 6/8/2020 at 11:30 a.m. Signed by Judge Robert C. Chambers on 5/27/2020. (cc: counsel of record; any unrepresented parties) (hkl)
May 26, 2020 MOTIONS REFERRED to Magistrate Judge Cheryl A. Eifert: #14 JOINT MOTION by Joshua G. Smith, American Tire Distributors, Inc., Jimmy Elliott for Protective Order, #15 JOINT MOTION by Joshua G. Smith, American Tire Distributors, Inc., Jimmy Elliott for Disclosure, #16 JOINT MOTION by Joshua G. Smith, American Tire Distributors, Inc., Jimmy Elliott for Deposition Protocol. (ts)
May 26, 2020 Filing 17 JOINT MOTION by Joshua G. Smith, American Tire Distributors, Inc., Jimmy Elliott to Stay Scheduling Deadlines re: #4 Order and Notice, #13 Rule 26(f) Report of Planning Meeting (Ranson, J.) (Modified on 5/27/2020 to add party filers) (ts).
May 26, 2020 Filing 16 JOINT MOTION by Joshua G. Smith, American Tire Distributors, Inc., Jimmy Elliott for Deposition Protocol (Attachment: #1 Proposed Order)(Ranson, J.) (Modified on 5/27/2020 to add party filers) (ts).
May 26, 2020 Filing 15 JOINT MOTION by Joshua G. Smith, American Tire Distributors, Inc., Jimmy Elliott for Disclosure (Attachment: #1 Proposed Order)(Ranson, J.) (Modified on 5/27/2020 to add party filers) (ts).
May 26, 2020 Filing 14 JOINT MOTION by Joshua G. Smith, American Tire Distributors, Inc., Jimmy Elliott for Protective Order (Attachment: #1 Proposed Order)(Ranson, J.) (Modified on 5/27/2020 to add party filers) (ts).
May 26, 2020 Filing 13 RULE 26(f) REPORT OF PLANNING MEETING by Joshua G. Smith, American Tire Distributors, Inc., Jimmy Elliott (Attachment: #1 Exhibit A)(Ranson, J.) (Modified on 5/27/2020 to add party filers) (ts).
May 7, 2020 Filing 12 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Jimmy Elliott.(Weber, Constance) (Modified on 5/8/2020 to add link to #1 notice of removal and correct party filers) (ts).
May 5, 2020 Filing 11 REPLY by Joshua G. Smith to #10 Response In Opposition. (Attachment: #1 Exhibit 1)(Ranson, J.)
April 30, 2020 Filing 10 RESPONSE by American Tire Distributors, Inc., Jimmy Elliott in opposition to #6 MOTION by Joshua G. Smith to Remand Case to Circuit Court of Putnam County (Weber, Constance) (Modified on 5/3/2020 to remove link to #7 memorandum in support)(ts).
April 21, 2020 Filing 9 NOTICE OF SUPPLEMENTAL FILING IN SUPPORT by Joshua G. Smith re: #6 MOTION by Joshua G. Smith to Remand Case to Circuit Court of Putnam County (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ranson, J.)
April 20, 2020 Filing 8 SUMMONS RETURNED EXECUTED by Personal Service for Jimmy Elliott. Jimmy Elliott served on 4/20/2020, answer due 5/11/2020. Summons served on Jimmy Elliott. (Ranson, J.)
April 17, 2020 Filing 7 MEMORANDUM OF LAW by Joshua G. Smith in support of #6 MOTION by Joshua G. Smith to Remand Case to Circuit Court of Putnam County (Ranson, J.)
April 17, 2020 Filing 6 MOTION by Joshua G. Smith to Remand Case to Circuit Court of Putnam County (Attachments: #1 Exhibit A, #2 Exhibit B)(Ranson, J.)
April 15, 2020 Filing 5 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by American Tire Distributors, Inc., Jimmy Elliott. (Weber, Constance)
April 13, 2020 Opinion or Order Filing 4 ORDER AND NOTICE: Rule 12(b) Motions 5/4/2020. Rule 26(f) Meeting 5/18/2020. Last day to file report of Rule 26(f) Meeting 5/26/2020. Scheduling/status Conference at 11:30 AM on 6/8/2020 in Huntington. Entry of Scheduling Order 6/15/2020. Last Day to make Rule 26(a)(1) disclosures 6/22/2020. Signed by Judge Robert C. Chambers on 4/13/2020. (cc: counsel of record; any unrepresented parties) (hkl)
April 9, 2020 Filing 3 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants American Tire Distributors, Inc., Jimmy Elliott (Weber, Constance)
April 9, 2020 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)
April 8, 2020 Filing 1 NOTICE OF REMOVAL by Jimmy Elliott, American Tire Distributors, Inc. with summons, complaint, and docket sheet from Circuit Court of Putnam County. Filing Fee $400.00. Receipt #AWVSDC-7591733. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (hkl)

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Defendant: American Tire Distributors, Inc.
Represented By: Constance H. Weber
Represented By: Kameron Miller
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Defendant: Jimmy Elliott
Represented By: Constance H. Weber
Represented By: Kameron Miller
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Plaintiff: Joshua G. Smith
Represented By: J. Michael Ranson
Represented By: G. Patrick Jacobs
Represented By: Cynthia M. Ranson
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