Lingenfelter v. Senior Home Care, LLC
| Paula Lingenfelter |
| Senior Home Care, LLC doing business as Home Care Assistance |
| 3:2020cv00649 |
| October 1, 2020 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Labor: Family and Medical Leave Act |
| Both |
Docket Report
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This docket was last retrieved on November 13, 2020. A more recent docket listing may be available from PACER.
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Filing 16
SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 12/9/2020. Discovery requests to be completed by 4/13/2021 and all depositions by 5/28/2021. Expert Witness List by parties bearing the burden of proof due by 3/29/2021, by party not bearing burden of proof due by 4/29/2021, and to solely contradict or rebut evidence due by 5/13/2021. Dispositive Motions except those filed under Rule 12(b) due by 6/18/2021, 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 9/7/2021. Plaintiff's portion of proposed Pretrial Order to defendant due by 9/13/2021, Proposed Integrated Pretrial Order due by 9/20/2021. Pretrial Conference set for 9/27/2021 at 10:30 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 10/5/2021. Final Settlement Conference at 9:30 AM on 10/12/2021 in Huntington. Trial set for 10/13/2021 at 8:30 AM in Huntington before Judge Robert C. Chambers; further canceling the scheduling conference set for 11/30/2020. Signed by Judge Robert C. Chambers on 11/13/2020. (cc: counsel of record; any unrepresented parties) (hkl)
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Filing 15
ORDER SETTING DEPOSITION PROTOCOL directing that the protocol within be followed with all depositions conducted. Signed by Magistrate Judge Cheryl A. Eifert on 11/12/2020. (cc: counsel of record) (hkl)
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Filing 14
ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b) directing that the procedures within govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 11/12/2020. (cc: counsel of record; any unrepresented party) (hkl)
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Filing 13
PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 11/12/2020. (cc: counsel of record; any unrepresented party) (hkl)
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| MOTIONS REFERRED to Magistrate Judge Cheryl A. Eifert: #10 JOINT MOTION by Paula Lingenfelter, Senior Home Care, LLC for Entry of a Protective Order, #11 JOINT MOTION by Paula Lingenfelter, Senior Home Care, LLC for Order Governing the Inadvertent Disclosure of Documents or Other Material, #12 JOINT MOTION by Paula Lingenfelter, Senior Home Care, LLC for Order Setting Deposition Protocol. (mkw) |
| Filing 12 JOINT MOTION by Paula Lingenfelter, Senior Home Care, LLC for Order Setting Deposition Protocol. (Attachment: #1 Proposed Order)(Walling, Sarah) (Modified on 11/12/2020 to add party filer) (mkw). |
| Filing 11 JOINT MOTION by Paula Lingenfelter, Senior Home Care, LLC for Order Governing the Inadvertent Disclosure of Documents or Other Material. (Attachment: #1 Proposed Order)(Walling, Sarah) (Modified on 11/12/2020 to add party filer) (mkw). |
| Filing 10 JOINT MOTION by Paula Lingenfelter, Senior Home Care, LLC for Entry of a Protective Order. (Attachment: #1 Proposed Order)(Walling, Sarah) (Modified on 11/12/2020 to add party filer) (mkw). |
| Filing 9 RULE 26(f) REPORT OF PLANNING MEETING by Paula Lingenfelter, Senior Home Care, LLC. (Walling, Sarah) (Modified on 11/12/2020 to add party filer) (mkw). |
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Filing 8
ORDER granting Defendant's #4 PARTIAL MOTION to Dismiss or, in the Alternative, for Summary Judgment and dismissing Count VI of Plaintiff's Complaint. Signed by Judge Robert C. Chambers on 10/22/2020. (cc: counsel of record; any unrepresented parties) (jsa)
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| Filing 7 RESPONSE by Paula Lingenfelter in opposition to #4 PARTIAL MOTION by Senior Home Care, LLC to Dismiss the Complaint attached to the #1 Notice of Removal or, in the alternative, for Summary Judgment. (Attachment: #1 Affidavit of Paula Lingenfelter)(Glazer, Hoyt) (Modified on 10/20/2020 to convert event to a response in opposition) (mkw). |
| Filing 6 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Senior Home Care, LLC. (Walling, Sarah) |
| Filing 5 MEMORANDUM by Senior Home Care, LLC in support of #4 PARTIAL MOTION by Senior Home Care, LLC to Dismiss the complaint attached to the #1 Notice of Removal or, in the alternative, for Summary Judgment. (Walling, Sarah) |
| Filing 4 PARTIAL MOTION by Senior Home Care, LLC to Dismiss the complaint attached to the #1 Notice of Removal or, in the alternative, for Summary Judgment. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Walling, Sarah) |
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Filing 3
ORDER AND NOTICE: Rule 12(b) Motions 10/26/2020. Rule 26(f) Meeting 11/9/2020. Last day to file report of Rule 26(f) Meeting 11/16/2020. Scheduling/status Conference at 11:30 AM on 11/30/2020 in Huntington. Entry of Scheduling Order 12/7/2020. Last Day to make Rule 26(a)(1) disclosures 12/14/2020. Signed by Judge Robert C. Chambers on 10/5/2020. (cc: counsel of record; any unrepresented parties) (hkl)
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| 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 Senior Home Care, LLC with summons, complaint, notice of bona fide defense, and docket sheet from Circuit Court of Cabell County. Filing Fee $400.00. Receipt #AWVSDC-7755604. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (hkl) |
| CASE assigned to Judge Robert C. Chambers. (klc) |
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| Defendant: Senior Home Care, LLC doing business as Home Care Assistance | |
| Represented By: | Kevin Kidd |
| Represented By: | Sarah A. Walling |
| Represented By: | Charlotte A. Hoffman Norris |
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| Plaintiff: Paula Lingenfelter | |
| Represented By: | Hoyt E. Glazer |
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