Tomes v. Tyree et al
Plaintiff: Dana L. Tomes a Pro Se Litigant doing business as Haunted Majestic
Defendant: Kenneth E. Tyree, West Virginia State Fire Commission and State of West Virginia
Case Number: 3:2021cv00385
Filed: July 6, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Referring Judge: Cheryl A Eifert
Nature of Suit: Marine
Cause of Action: 46 U.S.C. § 1101
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2021 Filing 16 REPLY by State of West Virginia, Kenneth E. Tyree, West Virginia State Fire Commission in opposition to #13 Response and Objection. (Dunham, Michael) (Modified on 8/17/2021 to remove link to #10 motion and add link to #13 response and objection) (mkw).
August 16, 2021 Filing 15 NOTICE OF ATTORNEY APPEARANCE by Michael D. Dunham on behalf of State of West Virginia, Kenneth E. Tyree, West Virginia State Fire Commission. (Dunham, Michael)
August 9, 2021 Filing 14 NOTICE OF WITHDRAWAL AND TERMINATION by State of West Virginia, Kenneth E. Tyree, West Virginia State Fire Commission of Defendants' Representation by Karen C. Villanueva-Matkovich and Substitution of Lou Ann S. Cyrus, Michael D. Dunham and Shuman MCCuskey Slicer, PLLC as Counsel of Record. (Cyrus, Lou)
August 9, 2021 Filing 13 RESPONSE AND OBJECTION by Dana L. Tomes to Defendants' #10 MOTION to Dismiss Plaintiff's #1 Complaint. (jsa)
July 30, 2021 Opinion or Order Filing 12 ORDER directing that Plaintiff shall have through and including 8/20/2021 in which to file a response to Defendants' #10 MOTION to Dismiss; following service of Plaintiff's response, if such is filed, Defendants shall have fourteen days within which to reply. Signed by Magistrate Judge Cheryl A. Eifert on 7/30/2021. (cc: Plaintiff and counsel of record) (jsa)
July 29, 2021 Filing 11 MEMORANDUM OF LAW by State of West Virginia, Kenneth E. Tyree, West Virginia State Fire Commission in support of #10 MOTION by State of West Virginia, Kenneth E. Tyree, West Virginia State Fire Commission to Dismiss With Prejudice. (Cyrus, Lou)
July 29, 2021 Filing 10 MOTION by State of West Virginia, Kenneth E. Tyree, West Virginia State Fire Commission to Dismiss Plaintiff's #1 Complaint With Prejudice; Motion referred to Magistrate Judge Cheryl A. Eifert. (Attachments: #1 Exhibit - Fire Safety Inspection Report, #2 Exhibit - Cease and Desist Order, #3 Exhibit - Email correspondence between Tyree and Scibek) (Cyrus, Lou) (Modified on 7/29/2021 to add link to #1 complaint) (mkw).
July 27, 2021 Filing 9 SUMMONS RETURNED EXECUTED by Personal Service for State of West Virginia. State of West Virginia served on 7/7/2021, answer due 7/28/2021. Summons served on Donald Kersey, General Counsel, W.V.S.O.S. (jsa)
July 27, 2021 Filing 8 SUMMONS RETURNED EXECUTED by Personal Service for West Virginia State Fire Commission. West Virginia State Fire Commission served on 7/7/2021, answer due 7/28/2021. Summons served on Kathryn Burns, Fire Marshal Administrative Secretary. (jsa)
July 27, 2021 Filing 7 SUMMONS RETURNED EXECUTED by Personal Service for Kenneth E. Tyree. Kenneth E. Tyree served on 7/7/2021, answer due 7/28/2021. Summons served on Kathryn Burns, Fire Marshal Administrative Secretary. (jsa)
July 13, 2021 Filing 6 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 7/8/2021 as to State of West Virginia. Certified Mail Number: 92148901125134100003142007. (hkl)
July 6, 2021 CASE assigned to Judge Robert C. Chambers. (ts)
July 6, 2021 Filing 5 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: counsel of record; any unrepresented party) (jsa)
July 6, 2021 Filing 4 SUMMONS ISSUED by the Clerk on behalf of Dana L. Tomes for State of West Virginia, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies returned to Plaintiff for service. (jsa)
July 6, 2021 Filing 3 SUMMONS ISSUED by the Clerk on behalf of Dana L. Tomes for West Virginia State Fire Commission, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies returned to Plaintiff for service. (jsa)
July 6, 2021 Filing 2 SUMMONS ISSUED by the Clerk on behalf of Dana L. Tomes for Kenneth E. Tyree, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Plaintiff for service. (jsa)
July 6, 2021 Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # HUNT004857. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Summons as to Kenneth E. Tyree, #4 Proposed Summons as to West Virginia State Fire Commission, #5 Proposed Summons as to State of West Virginia, #6 Filing Fee Receipt) (jsa)

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Plaintiff: Dana L. Tomes a Pro Se Litigant doing business as Haunted Majestic
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Defendant: Kenneth E. Tyree
Represented By: Lou Ann S. Cyrus
Represented By: Michael D. Dunham
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Defendant: West Virginia State Fire Commission
Represented By: Lou Ann S. Cyrus
Represented By: Michael D. Dunham
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Defendant: State of West Virginia
Represented By: Karen Villanueva-Matkovich
Represented By: Lou Ann S. Cyrus
Represented By: Michael D. Dunham
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