Fain et al v. Crouch et al
Plaintiff: Brian McNemar, Christopher Fain and Zachary Martell
Defendant: Ted Cheatham, William Crouch, The Health Plan of West Virginia, Inc., West Virginia Department of Health and Humane Resources, Bureau for Medical Services, Cynthia Beane and West Virginia Department of Health and Human Resources, Bureau for Medical Services
Case Number: 3:2020cv00740
Filed: November 12, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2020 Opinion or Order Filing 19 STIPULATION EXTENDING TIME FOR DHHR DEFENDANTS TO ANSWER THE COMPLAINT by Christopher Fain, Zachary Martell, Brian McNemar, Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services; re: #1 Complaint; by agreement, the responsive pleading will be due on 1/11/2021. (Cyrus, Lou) (Modified on 12/9/2020 to add party filers and add link to #1 complaint) (mkw).
December 9, 2020 Opinion or Order RESET DEADLINE: Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services answers due 1/11/2021. (mkw)
December 7, 2020 Opinion or Order Filing 18 ENTRY REMOVED; DUPLICATE ENTRY. (McMillan, Stuart) (Modified on 12/7/2020 to remove duplicate entry). (mkw).
December 7, 2020 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Stuart A. McMillan and Aaron C. Boone on behalf of The Health Plan of West Virginia, Inc. and STIPULATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' COMPLAINT by The Health Plan of West Virginia, Inc., Christopher Fain, Zachary Martell, Brian McNemar; the parties stipulate and agree that Defendant The Health Plan of West Virginia, Inc. may respond to Plaintiffs' #1 Complaint by 1/11/2021. (McMillan, Stuart) (Modified on 12/7/2020 to add party filers and to add link to #1 complaint) (mkw).
December 7, 2020 Opinion or Order NOTICE OF DOCKET CORRECTION re: 18 NOTICE OF APPEARANCE AND STIPULATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' COMPLAINT. Error: Entry is a duplicate entry of docket entry #17; Correction: Removed duplicate entry. (mkw)
December 7, 2020 Opinion or Order RESET DEADLINE: The Health Plan of West Virginia, Inc. answer due 1/11/2021. (mkw)
December 2, 2020 Opinion or Order Filing 16 STIPULATION REGARDING ANSWER DEADLINE by Ted Cheatham, Christopher Fain, Zachary Martell, Brian McNemar, re: #1 Complaint; the parties stipulate and agree that the Answer or response to the Complaint has been extended to January 11, 2021 to Respond to Complaint. (Salyers, Eric) (Modified on 12/3/2020 to add party filers and to add link to #1 complaint) (mkw).
December 1, 2020 Opinion or Order Filing 15 NOTICE OF ATTORNEY APPEARANCE by Eric Salyers on behalf of Ted Cheatham. (Salyers, Eric)
November 30, 2020 Opinion or Order Filing 14 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 11/20/2020 as to The Health Plan of West Virginia, Inc.. Certified Mail Number: 92148901125134100002961036. (jsa)
November 24, 2020 Opinion or Order Filing 13 SUMMONS RETURNED EXECUTED for West Virginia Department of Health and Human Resources, Bureau for Medical Services, West Virginia Department of Health and Humane Resources, Bureau for Medical Services served on 11/18/2020, answer due 12/9/2020. Summons served on April Robertson.(Auvil, Walt) Modified on 11/24/2020 to add the name of the person served and a copy of the summons as an attachment) (mkw). (Additional attachment added on 11/24/2020: #1 Summons) (mkw).
November 24, 2020 Opinion or Order Filing 12 SUMMONS RETURNED EXECUTED for Ted Cheatham, Ted Cheatham served on 11/18/2020, answer due 12/9/2020. Summons served on Thomas Miller. (Auvil, Walt) (Modified on 11/24/2020 to add the name of the person served and a copy of the summons as an attachment) (mkw). (Additional attachment added on 11/24/2020: #1 Summons) (mkw).
November 24, 2020 Opinion or Order Filing 11 SUMMONS RETURNED EXECUTED for Cynthia Beane, Cynthia Beane served on 11/18/2020, answer due 12/9/2020. Summons served on April Robertson. (Auvil, Walt) (Modified on 11/24/2020 to add the name of the person served and to add a copy of the summons as an attachment) (mkw). (Additional attachment) added on 11/24/2020: #1 Summons) (mkw).
November 24, 2020 Opinion or Order Filing 10 SUMMONS RETURNED EXECUTED for William Crouch, William Crouch served on 11/18/2020, answer due 12/9/2020. Summons served on April Robertson.(Auvil, Walt) (Modified on 11/24/2020 to add the name of the person served and the summons as an attachment) (mkw). (Additional attachment added on 11/24/2020: #1 Summons) (mkw).
November 16, 2020 Opinion or Order Filing 9 STATEMENT OF VISITING ATTORNEY from Sasha J. Buchert on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802501. (Auvil, Walt)
November 16, 2020 Opinion or Order Filing 8 STATEMENT OF VISITING ATTORNEY from Tara L. Borelli on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802498. (Auvil, Walt)
November 16, 2020 Opinion or Order Filing 7 STATEMENT OF VISITING ATTORNEY from Anna P. Prakash on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802496. (Auvil, Walt)
November 16, 2020 Opinion or Order Filing 6 STATEMENT OF VISITING ATTORNEY from Nicole J. Schladt on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802487. (Auvil, Walt)
November 16, 2020 Opinion or Order Filing 5 STATEMENT OF VISITING ATTORNEY from Avatara Smith-Carrington on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802483. (Auvil, Walt)
November 16, 2020 Opinion or Order Filing 4 STATEMENT OF VISITING ATTORNEY from Nora Huppert on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802438. (Auvil, Walt)
November 12, 2020 Opinion or Order CASE assigned to Judge Robert C. Chambers. (klc)
November 12, 2020 Opinion or Order Filing 3 ELECTRONIC SUMMONS ISSUED as to William Crouch, Cynthia Beane, West Virginia Department of Health and Humane Resources, Bureau for Medical Services, Ted Cheatham, The Health Plan of West Virginia, Inc., re: #1 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). (Attachments: #1 Summons for Cynthia Beane, #2 Summons for DHHR, Bureau for Medical Services, #3 Summons for Ted Cheatham, #4 Summons for The Health Plan of West Virginia, Inc.) (hkl)
November 12, 2020 Opinion or Order 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)
November 12, 2020 Opinion or Order Filing 1 COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7798809. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Civil Cover Sheet) (hkl)

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Defendant: Ted Cheatham
Represented By: Perry W. Oxley
Represented By: Eric Salyers
Represented By: Christopher K. Weed
Represented By: David E. Rich
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Defendant: William Crouch
Represented By: Lou Ann S. Cyrus
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Defendant: The Health Plan of West Virginia, Inc.
Represented By: Stuart A. McMillan
Represented By: Aaron C. Boone
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Defendant: West Virginia Department of Health and Humane Resources, Bureau for Medical Services
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Defendant: Cynthia Beane
Represented By: Lou Ann S. Cyrus
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Defendant: West Virginia Department of Health and Human Resources, Bureau for Medical Services
Represented By: Lou Ann S. Cyrus
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Plaintiff: Brian McNemar
Represented By: Walt Auvil
Represented By: Avatara Antoinette Smith-Carrington
Represented By: Tara L. Borelli
Represented By: Anna P. Prakash
Represented By: Nora Huppert
Represented By: Sasha J. Buchert
Represented By: Nicole Jean Schladt
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Plaintiff: Christopher Fain
Represented By: Walt Auvil
Represented By: Avatara Antoinette Smith-Carrington
Represented By: Tara L. Borelli
Represented By: Anna P. Prakash
Represented By: Nora Huppert
Represented By: Sasha J. Buchert
Represented By: Nicole Jean Schladt
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Plaintiff: Zachary Martell
Represented By: Walt Auvil
Represented By: Avatara Antoinette Smith-Carrington
Represented By: Tara L. Borelli
Represented By: Anna P. Prakash
Represented By: Nora Huppert
Represented By: Sasha J. Buchert
Represented By: Nicole Jean Schladt
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