Porter v. First Bankshares, Inc. et al
| Sherrie N. Porter |
| First Bankshares, Inc., The First State Bank of Barboursville, Phillip Vallandingham, P. Andrew Vallandingham, Samuel Vallandingham, Jeanne P. Vallandingham, Stephanie V. Mayberry, Robert Jackson Dilley, Daniel T. Yon, Ronald W. Woodell, Michael S. Lunsford, Any and All Other Unnamed and To Be Determined Directors Thereof, Guyan Holding Company, First Bankshares Trust Preferred I, The First Company and West Virginia Development Loan Fund, Inc. |
| 3:2021cv00464 |
| August 19, 2021 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| Plaintiff |
Docket Report
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Filing 22
SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 12/3/2021. Discovery requests to be completed by 4/4/2022 and all depositions by 5/19/2022; granting a stay of discovery for the duration of the pendency of Defendants' #7 and #9 MOTIONS to Dismiss and Plaintiff's #11 MOTION to Remand; this stay will not alter the 5/19/2022 discovery completion date. Expert Witness List by parties bearing the burden of proof due by 3/21/2022, by party not bearing burden of proof due by 4/19/2022, and to solely contradict or rebut evidence due by 5/5/2022. Dispositive Motions except those filed under Rule 12(b) due by 6/8/2022; 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 6/20/2022. Plaintiff's portion of proposed Pretrial Order to defendants due by 8/29/2022. Proposed Integrated Pretrial Order due by 9/6/2022. Pretrial Conference set for 9/12/2022 at 10:30 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 9/20/2022. Final Settlement Conference at 9:30 AM on 9/26/2022 in Huntington. Trial set for 9/27/2022 at 8:30 AM in Huntington before Judge Robert C. Chambers; further CANCELING the scheduling conference set for 10/18/2021. Signed by Judge Robert C. Chambers on 10/13/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 21
NOTICE OF APPEARANCE by W. Stephen Flesher on behalf of Sherrie N. Porter. (Attachment: #1 Certificate of Service)(Harbour, Paula)
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Filing 20
REPLY by Robert Jackson Dilley, Michael S. Lunsford, Stephanie V. Mayberry, Jeanne P. Vallandingham, P. Andrew Vallandingham, Phillip Vallandingham, Samuel Vallandingham, Ronald W. Woodell, Daniel T. Yon to Plaintiff's #13 Response in Opposition. (Adkins, J.) (Modified on 10/6/2021 to remove the link to the #7 motion and #8 memorandum and add link to the #13 response) (mkw).
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Filing 19
REPLY by First Bankshares Trust Preferred I, First Bankshares, Inc., Guyan Holding Company to Plaintiff's #15 RESPONSE in Opposition. (Adkins, J.) (Modified on 10/6/2021 to remove link to #9 motion and #10 memorandum and add link to the #15 response) (mkw).
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Filing 18
RESPONSE by Robert Jackson Dilley, First Bankshares Trust Preferred I, First Bankshares, Inc., Guyan Holding Company, Michael S. Lunsford, Stephanie V. Mayberry, Jeanne P. Vallandingham, P. Andrew Vallandingham, Phillip Vallandingham, Samuel Vallandingham, Ronald W. Woodell, Daniel T. Yon in opposition to #11 MOTION by Sherrie N. Porter to Remand Case to Circuit Court of Cabell County. (Adkins, J.) (Modified on 10/4/2021 to remove link to #12 memorandum in support) (mkw).
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Filing 17
RULE 26(f) REPORT OF PLANNING MEETING by Sherrie N. Porter, Robert Jackson Dilley, First Bankshares Trust Preferred I, First Bankshares, Inc., Guyan Holding Company, Michael S. Lunsford, Stephanie V. Mayberry, Jeanne P. Vallandingham, P. Andrew Vallandingham, Phillip Vallandingham, Samuel Vallandingham, Ronald W. Woodell, Daniel T. Yon. (Adkins, J.) (Modified on 10/4/2021 to add party filer) (mkw).
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Filing 16
MEMORANDUM by Sherrie N. Porter to #15 RESPONSE by Sherrie N. Porter to #9 MOTION by First Bankshares Trust Preferred I, First Bankshares, Inc., Guyan Holding Company to Dismiss for Failure to State a Claim, re: Complaint attached to the #1 Notice of Removal. (Harbour, Paula) (Modified on 10/1/2021 to remove link to #10 memorandum and add link to #15 response) (mkw).
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Filing 15
RESPONSE by Sherrie N. Porter to #9 MOTION by First Bankshares Trust Preferred I, First Bankshares, Inc., Guyan Holding Company to Dismiss for Failure to State a Claim, re: Complaint attached to the #1 Notice of Removal. (Harbour, Paula) (Modified on 10/1/2021 to remove link to #10 memorandum) (mkw).
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Filing 14
MEMORANDUM by Sherrie N. Porter to #13 RESPONSE by Sherrie N. Porter in opposition to #7 MOTION by Robert Jackson Dilley, Michael S. Lunsford, Stephanie V. Mayberry, Jeanne P. Vallandingham, P. Andrew Vallandingham, Phillip Vallandingham, Samuel Vallandingham, Ronald W. Woodell, Daniel T. Yon to Dismiss for Failure to State a Claim, re: Complaint attached to the #1 Notice of Removal. (Harbour, Paula) (Modified on 10/1/2021 to remove link to #8 memorandum and add link to #13 response) (mkw).
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Filing 13
RESPONSE by Sherrie N. Porter in opposition to #7 MOTION by Robert Jackson Dilley, Michael S. Lunsford, Stephanie V. Mayberry, Jeanne P. Vallandingham, P. Andrew Vallandingham, Phillip Vallandingham, Samuel Vallandingham, Ronald W. Woodell, Daniel T. Yon to Dismiss for Failure to State a Claim, re: Complaint attached to the #1 Notice of Removal. (Harbour, Paula) (Modified on 10/1/2021 to remove link to #8 memorandum) (mkw).
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NOTICE OF DOCKET CORRECTION re: #11 MOTION. Error: Incorrect image attached. Correction: Replaced incorrect image with correct image. (mkw)
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Filing 12
MEMORANDUM by Sherrie N. Porter in support of #11 MOTION by Sherrie N. Porter to Remand Case to Circuit Court of Cabell County. (Harbour, Paula)
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Filing 11
MOTION by Sherrie N. Porter to Remand Case to Circuit Court of Cabell County. (Harbour, Paula) (Modified on 9/20/2021 to replace image) (mkw).
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Filing 10
MEMORANDUM by First Bankshares Trust Preferred I, First Bankshares, Inc., Guyan Holding Company in support of #9 MOTION by First Bankshares Trust Preferred I, First Bankshares, Inc., Guyan Holding Company to Dismiss for Failure to State a Claim re: Complaint attached to the #1 Notice of Removal. (Adkins, J.)
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Filing 9
MOTION by First Bankshares Trust Preferred I, First Bankshares, Inc., Guyan Holding Company to Dismiss for Failure to State a Claim re: Complaint attached to the #1 Notice of Removal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Adkins, J.)
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Filing 8
MEMORANDUM by Robert Jackson Dilley, Michael S. Lunsford, Stephanie V. Mayberry, Jeanne P. Vallandingham, P. Andrew Vallandingham, Phillip Vallandingham, Samuel Vallandingham, Ronald W. Woodell, Daniel T. Yon in support of #7 MOTION by Robert Jackson Dilley, Michael S. Lunsford, Stephanie V. Mayberry, Jeanne P. Vallandingham, P. Andrew Vallandingham, Phillip Vallandingham, Samuel Vallandingham, Ronald W. Woodell, Daniel T. Yon to Dismiss for Failure to State a Claim re: Complaint attached to the #1 Notice of Removal. (Adkins, J.)
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Filing 7
MOTION by Robert Jackson Dilley, Michael S. Lunsford, Stephanie V. Mayberry, Jeanne P. Vallandingham, P. Andrew Vallandingham, Phillip Vallandingham, Samuel Vallandingham, Ronald W. Woodell, Daniel T. Yon to Dismiss for Failure to State a Claim re: Complaint attached to the #1 Notice of Removal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Adkins, J.)
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NOTICE OF DOCKET CORRECTION re: #6 NOTICE OF VOLUNTARY DISMISSAL. Error: The image was upside down. Correction: Replaced upside down image with upright image. (mkw)
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Filing 6
NOTICE OF VOLUNTARY DISMISSAL Without Prejudice by Sherrie N. Porter of Defendants The First State Bank of Barboursville, The First Company and West Virginia Development Loan Fund, Inc. pursuant to Rule 41(a)(1)(A)(i), Federal Rules of Civil Procedure. (Harbour, Paula) (Modified on 9/13/2021 to replace image) (mkw).
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Filing 5
ORDER AND NOTICE: Rule 12(b) Motions - 9/15/2021. Rule 26(f) Meeting - 9/27/2021. Last day to file report of Rule 26(f) Meeting - 10/4/2021. Scheduling/status conference at 11:30 AM on 10/18/2021 in Huntington. Entry of Scheduling Order - 10/25/2021. Last Day to make Rule 26(a)(1) disclosures - 11/1/2021. Signed by Judge Robert C. Chambers on 8/26/2021. (cc: counsel of record; any unrepresented parties) (hkl)
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Filing 4
ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Robert Jackson Dilley, Michael S. Lunsford, Stephanie V. Mayberry, Jeanne P. Vallandingham, P. Andrew Vallandingham, Phillip Vallandingham, Samuel Vallandingham, Ronald W. Woodell, Daniel T. Yon.(Adkins, J.) (Modified on 8/27/2021 to add link to #1 notice of removal) (mkw).
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Filing 3
ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by First Bankshares Trust Preferred I, First Bankshares, Inc., Guyan Holding Company.(Adkins, J.) (Modified on 8/27/2021 to add link to #1 notice of removal) (mkw).
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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)
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Filing 1
NOTICE OF REMOVAL by First Bankshares, Inc., Phillip Vallandingham, P. Andrew Vallandingham, Samuel Vallandingham, Jeanne P. Vallandingham, Stephanie V. Mayberry, Robert Jackson Dilley, Daniel T. Yon, Ronald W. Woodell, Michael S. Lunsford, Guyan Holding Company, and First Bankshares Trust Preferred I with summonses, complaint, civil case information statement, and docket sheet from Circuit Court of Cabell County. Filing Fee $402.00. Receipt #AWVSDC-8014760. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (hkl)
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CASE assigned to Judge Robert C. Chambers. (klc)
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