Pinkerman et al v. Cabell County Commission et al
| Michael L. Pinkerman, Michael L. Pinkerman, Sr., Laura J. Pinkerman and Michael L. Pinkerman, Jr. |
| Cabell County Commission, Cabell County Sheriff's Department, Sheriff Charles Zerkle, Lieutenant Michael Adkins, Lieutenant Dale Enochs, II, Sergeant Robert McQuaid, Corporal Terry McFann, II, Deputy Hunter Neil, Deputy 1st Class Jared Cremeans, Corporal James Johnston, Deputy Brady Hinchman, Deputy Nathaniel Rodgers, Sergeant Steven Vincent, Corporal Matthew Siebel, Sergeant Kevin White, Deputy Dakota Render, Deputy Joshua Parsons, Deputy 1st Class Preston Stevens, Sargeant T.S. Blatt, West Virginia State Police Department, First Sargeant G.N. Losh, Barboursville Police Department, Darren McNeil and Unnamed Agents, Officers, and Employees |
| 3:2021cv00580 |
| October 27, 2021 |
| U.S. District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| Thomas E Johnston |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 30, 2022. A more recent docket listing may be available from PACER.
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Filing 74
RESPONSE by Laura J. Pinkerman, Michael L. Pinkerman, Sr. in opposition to #33 MOTION by G.N. Losh, West Virginia State Police Department to Dismiss With Prejudice, re: #1 Complaint. (mkw)
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Filing 73
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Barboursville Police Department, Darren McNeil. (Hill, Cy) (Modified on 12/16/2021 to add party filer)
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Filing 72
ORDER granting #36 MOTION by Darren McNeil, Barboursville Police Department to Exceed Page Limit Limitations in their Memorandum of Law in Support of their #39 Motion to Dismiss. Signed by Magistrate Judge Omar J. Aboulhosn on 12/15/2021. (cc: attys; any unrepresented parties) (mkw)
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Filing 71
ORDER directing that Plaintiffs' response to Defendants Village of Barboursville and Darren McNeil's #70 Amended Memorandum of Law shall be filed with the Clerk of this Court on or before 12/29/2021; following service of Plaintiffs' response to Defendants' Amended Memorandum, if such is filed, Defendants will have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 12/15/2021. (cc: Plaintiffs; counsel of record) (hkl)
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Filing 70
AMENDED MEMORANDUM OF LAW by Barboursville Police Department, Darren McNeil in support of #39 MOTION by Darren McNeil, Barboursville Police Department to Dismiss With Prejudice, re: #1 Complaint. (Hill, Cy) (Modified on 12/15/2021 to add party filer) (mkw).
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NOTICE OF DOCKET CORRECTION re: 40 Memorandum of Law. Error: Filed in incorrect case. Correction: Removed image; counsel filed correct image at docket entry #70. (mkw)
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Filing 69
CLERK'S ORDER. Pursuant to #68 Order, this case is reassigned from Judge Irene C. Berger to Judge Thomas E. Johnston. Signed by Clerk of Court Rory L. Perry II on 12/13/2021. (cc: Judge Berger; Judge Johnston; counsel of record; any unrepresented party) (klc)
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Filing 68
ORDER for reasons appearing to the Court, directing this action TRANSFERRED to Rory L. Perry II, Clerk of Court, for reassignment to another judge within this district. Signed by Judge Irene C. Berger on 12/13/2021. (cc: attys; any unrepresented party) (mkw)
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Filing 67
SUMMONS RETURNED EXECUTED by Personal Service for Police Chief Darren McNeil. Police Chief Darren McNeil served on 11/19/2021, answer due 12/10/2021. Summons served on Det. Greg Lucas. (hkl)
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Filing 66
SUMMONS RETURNED EXECUTED by Personal Service for Barboursville Police Department. Barboursville Police Department served on 11/19/2021, answer due 12/10/2021. Summons served on Det. Greg Lucas. (hkl)
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Filing 65
SUMMONS RETURNED EXECUTED by Personal Service for First Sergeant G.N. Losh. First Sergeant G.N. Losh served on 11/18/2021, answer due 12/9/2021. Summons served at WVSP Huntington Det. (hkl)
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Filing 64
SUMMONS RETURNED EXECUTED by Personal Service for West Virginia State Police Department. West Virginia State Police Department served on 11/18/2021, answer due 12/9/2021. Summons served on F/Sgt G.N. Losh. (hkl)
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Filing 63
SUMMONS RETURNED EXECUTED by Personal Service for Sargeant T.S. Blatt. Sargeant T.S. Blatt served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 62
SUMMONS RETURNED EXECUTED by Personal Service for Deputy 1st Class Preston Stevens. Deputy 1st Class Preston Stevens served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 61
SUMMONS RETURNED EXECUTED by Personal Service for Deputy Joshua Parsons. Deputy Joshua Parsons served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 60
SUMMONS RETURNED EXECUTED by Personal Service for Deputy Dakota Render. Deputy Dakota Render served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 59
SUMMONS RETURNED EXECUTED by Personal Service for Sergeant Kevin White. Sergeant Kevin White served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 58
SUMMONS RETURNED EXECUTED by Personal Service for Corporal Matthew Siebel. Corporal Matthew Siebel served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 57
SUMMONS RETURNED EXECUTED by Personal Service for Deputy Hunter Neil. Deputy Hunter Neil served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 56
SUMMONS RETURNED EXECUTED by Personal Service for Corporal Terry McFann, II. Corporal Terry McFann, II served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 55
SUMMONS RETURNED EXECUTED by Personal Service for Sergeant Steven Vincent. Sergeant Steven Vincent served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 54
SUMMONS RETURNED EXECUTED by Personal Service for Deputy Nathaniel Rodgers. Deputy Nathaniel Rodgers served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 53
SUMMONS RETURNED EXECUTED by Personal Service for Deputy Brady Hinchman. Deputy Brady Hinchman served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 52
SUMMONS RETURNED EXECUTED by Personal Service for Corporal James Johnston. Corporal James Johnston served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 51
SUMMONS RETURNED EXECUTED by Personal Service for Deputy 1st Class Jared Cremeans. Deputy 1st Class Jared Cremeans served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 50
SUMMONS RETURNED EXECUTED by Personal Service for Robert McQuaid. Robert McQuaid served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 49
SUMMONS RETURNED EXECUTED by Personal Service for Lieutenant Dale Enochs, II. Lieutenant Dale Enochs, II served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 48
SUMMONS RETURNED EXECUTED by Personal Service for Lieutenant Michael Adkins. Lieutenant Michael Adkins served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 47
SUMMONS RETURNED EXECUTED by Personal Service for Sheriff Charles Zerkle. Sheriff Charles Zerkle served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 46
SUMMONS RETURNED EXECUTED by Personal Service for Cabell County Sheriff's Department. Cabell County Sheriff's Department served on 11/18/2021, answer due 12/9/2021. Summons served on Alice Casey, Judicial Sec. (hkl)
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Filing 45
SUMMONS RETURNED EXECUTED by Personal Service for Nancy Cartmill, Commissioner - Cabell County Commission. Summons served on Marie Puher, Executive Assistant. (answer previously filed on 12/9/2021) (hkl)
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Filing 44
SUMMONS RETURNED EXECUTED by Personal Service for Jim Morgan, Commissioner - Cabell County Commission. Summons served on Marie Puher, Executive Assistant. (answer previously filed on 12/9/2021) (hkl)
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Filing 43
SUMMONS RETURNED EXECUTED by Personal Service for Kelli Sobonya, Commissioner - Cabell County Commission. Summons served on Marie Puher, Executive Assistant. (answer previously filed on 12/9/2021) (hkl) (Modified on 12/13/2021 to correct the filed date) (mkw).
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Filing 42
SUMMONS RETURNED EXECUTED by Personal Service for Cabell County Commission. Cabell County Commission served on 11/18/2021, answer due 12/9/2021. Summons served on Marie Puher, Executive Assistant. (answer previously filed on 12/9/2021) (hkl)
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Filing 41
ORDER directing that Plaintiffs' response to Defendants Village of Barboursville and Darren McNeil's #39 MOTION to Dismiss shall be filed with the Clerk of this Court on or before 12/27/2021; following service of Plaintiffs' response to Defendants' Motion, if such is filed, Defendants will have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 12/10/2021. (cc: Plaintiffs; counsel of record) (hkl)
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Filing 40
INCORRECT ENTRY; IMAGE REMOVED. (Hill, Cy) (Modified on 12/13/2021 (Modified on 12/15/2021 to remove image; document filed incorrectly in this case; counsel refiled correct document in 3:21-cv-00579) (mkw).
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Filing 39
MOTION by Darren McNeil, Barboursville Police Department to Dismiss With Prejudice, re: #1 Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn. (Attachment: #1 Exhibit) (Hill, Cy) (Modified on 12/13/2021 to add party filer and to add link to #1 complaint) (mkw).
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Filing 38
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Counter Claimants Michael Adkins, Cabell County Commission, Cabell County Sheriff's Department, Jared Cremeans, Dale Enochs, II, Brady Hinchman, James Johnston, Terry McFann, II, Robert McQuaid, Hunter Neil, Joshua Parsons, Dakota Render, Nathaniel Rodgers, Matthew Siebel, Steven Vincent, Kevin White, Charles Zerkle, Defendants Michael Adkins, Cabell County Commission, Cabell County Sheriff's Department, Jared Cremeans, Dale Enochs, II, Brady Hinchman, James Johnston, Terry McFann, II, Robert McQuaid, Hunter Neil, Joshua Parsons, Dakota Render, Nathaniel Rodgers, Matthew Siebel, Steven Vincent, Kevin White, Charles Zerkle (Greve, Wendy)
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Filing 37
ANSWER to #1 Complaint by Defendants Dale Enochs, II, Kevin White, Steven Vincent, Cabell County Commission, Dakota Render, Terry McFann, II, Nathaniel Rodgers, Joshua Parsons, Jared Cremeans, Charles Zerkle, Robert McQuaid, Brady Hinchman, James Johnston, Matthew Siebel, Cabell County Sheriff's Department, Michael Adkins, Hunter Neil and COUNTERCLAIMS by Defendants Cabell County Commission, Jared Cremeans and James Johnston against Plaintiffs Laura J. Pinkerman, Michael L. Pinkerman, Sr., Michael L. Pinkerman, Jr.; Jury demand. (Greve, Wendy) (Modified on 12/13/2021 to clarify the party filers for the counterclaim and to add jury demand) (mkw).
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Filing 36
MOTION by Darren McNeil, Barboursville Police Department to Exceed Page Limit Limitations in their Memorandum of Law in Support of their #39 Motion to Dismiss. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Hill, Cy) (Modified on 12/13/2021 to add party filer and to add link to #39 motion) (mkw).
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Filing 35
ORDER directing that Plaintiffs' response to Defendants West Virginia State Police and Sgt. Losh's #33 MOTION to Dismiss shall be filed with the Clerk of this Court on or before 12/23/2021; following service of Plaintiffs' response to Defendants' Motion, if such is filed, Defendants will have seven (7) business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 12/9/2021. (cc: Plaintiffs; counsel of record) (hkl)
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Filing 34
MEMORANDUM OF LAW by G.N. Losh, West Virginia State Police Department in support of #33 MOTION by G.N. Losh, West Virginia State Police Department to Dismiss With Prejudice. (Parsons, Colton)
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Filing 33
MOTION by G.N. Losh, West Virginia State Police Department to Dismiss With Prejudice; re: #1 Complaint. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Parsons, Colton) (Modified on 12/9/2021 to add link to #1 complaint) (mkw).
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Filing 32
ORDER directing that the magistrate referral be REASSIGNED from Judge Eifert to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, who will consider the pleadings and evidence therein and submit to this Court proposed findings of fact and recommendation for disposition. Signed by Judge Irene C. Berger on 10/29/2021. (cc: Magistrate Judge Eifert, Magistrate Judge Aboulhosn, counsel of record, any unrepresented party) (ts)
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Filing 31
CLERK'S ORDER. Pursuant to #30 Order, this case is reassigned from Judge Robert C. Chambers to Judge Irene C. Berger. Signed by Clerk of Court Rory L. Perry II on 10/29/2021. (cc: Judge Chambers; Judge Berger; counsel of record; any unrepresented party) (klc)
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Filing 30
ORDER directing that this case be transferred to Rory L. Perry II, Clerk of Court, for reassignment to another judge within this district. Signed by Judge Robert C. Chambers on 10/29/2021. (cc: counsel of record; any unrepresented parties) (hkl)
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Filing 29
SUMMONS ISSUED by the Clerk for Police Chief Darren McNeil, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 28
SUMMONS ISSUED by the Clerk for Barboursville Police Department, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies returned to Laura J. Pinkerman for service. (hkl)
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Filing 27
SUMMONS ISSUED by the Clerk for First Sergeant G.N. Losh, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 26
SUMMONS ISSUED by the Clerk for West Virginia State Police Department, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies returned to Laura J. Pinkerman for service. (hkl)
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Filing 25
SUMMONS ISSUED by the Clerk for Sargeant T.S. Blatt, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 24
SUMMONS ISSUED by the Clerk for Deputy 1st Class Preston Stevens, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 23
SUMMONS ISSUED by the Clerk for Deputy Joshua Parsons, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 22
SUMMONS ISSUED by the Clerk for Deputy Dakota Render, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 21
SUMMONS ISSUED by the Clerk for Sergeant Kevin White, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 20
SUMMONS ISSUED by the Clerk for Corporal Matthew Siebel, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 19
SUMMONS ISSUED by the Clerk for Deputy Hunter Neil, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 18
SUMMONS ISSUED by the Clerk for Corporal Terry McFann, II, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 17
SUMMONS ISSUED by the Clerk for Sergeant Steven Vincent, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 16
SUMMONS ISSUED by the Clerk for Deputy Nathaniel Rodgers, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 15
SUMMONS ISSUED by the Clerk for Deputy Brady Hinchman, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 14
SUMMONS ISSUED by the Clerk for Corporal James Johnston, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 13
SUMMONS ISSUED by the Clerk for Deputy 1st Class Jared Cremeans, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 12
SUMMONS ISSUED by the Clerk for Robert McQuaid, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 11
SUMMONS ISSUED by the Clerk for Lieutenant Dale Enochs, II, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 10
SUMMONS ISSUED by the Clerk for Lieutenant Michael Adkins, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 9
SUMMONS ISSUED by the Clerk for Sheriff Charles Zerkle, re: #1 Complaint, returnable 21 days. Original Summons and 1 copy returned to Laura J. Pinkerman for service. (hkl)
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Filing 8
SUMMONS ISSUED by the Clerk for Cabell County Sheriff's Department, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies returned to Laura J. Pinkerman for service. (hkl)
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Filing 7
SUMMONS ISSUED by the Clerk for Cabell County Commission, Nancy Cartmill,Commissioner, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies returned to Laura J. Pinkerman for service. (hkl)
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Filing 6
SUMMONS ISSUED by the Clerk for Cabell County Commission, Jim Morgan, Commissioner, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies returned to Laura J. Pinkerman for service. (hkl)
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Filing 5
SUMMONS ISSUED by the Clerk for Cabell County Commission, Kelli Sobonya, Commissioner, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies returned to Laura J. Pinkerman for service. (hkl)
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Filing 4
SUMMONS ISSUED by the Clerk for Cabell County Commission, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies returned to Laura J. Pinkerman for service. (hkl)
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CASE REFERRED TO MAGISTRATE JUDGE Magistrate Judge Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (mkw)
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Filing 3
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: attys; any unrepresented party) (hkl) (Modified on 10/29/2021 to note that this case is referred to Magistrate Judge Cheryl A. Eifert for Findings of Fact and Recommendations for disposition) (mkw).
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Filing 2
SUMMONS SUBMITTED by Michael L. Pinkerman, Sr. Laura J. Pinkerman, Michael L. Pinkerman, Jr. for Cabell County Commission, Sheriff Charles Zerkle, Lt. Michael Adkins, Lt. Dale Enochs, II, Robert McQuaid, Cpl. Terry McFann, II, Deputy Hunter Neil, Sgt. Steven Vincent, Cpl. James Johnston, DFC. Jared Cremeans, Deputy Brady Hinchman, Deputy Nathaniel Rodgers, Cpl. Matthew Siebel, Deputy Dakota Render, Sgt. Kevin White, Deputy Joshua Parsons, DFC. Preston Stevens, Cpl. T.S. Blatt, West Virginia State Police Department, F/Sgt. G.N. Losh, Barboursville Police Department, Chief Darren McNeil, re: #1 Complaint. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons, #11 Proposed Summons, #12 Proposed Summons, #13 Proposed Summons, #14 Proposed Summons, #15 Proposed Summons, #16 Proposed Summons, #17 Proposed Summons, #18 Proposed Summons, #19 Proposed Summons, #20 Proposed Summons, #21 Proposed Summons, #22 Proposed Summons, #23 Proposed Summons, #24 Proposed Summons) (hkl)
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Filing 1
COMPLAINT. Filing Fee $402.00. Receipt # HUNT004957. (Attachments: #1 Civil Cover Sheet - List of Defendants, #2 Receipt, #3 Civil Cover Sheet) (hkl)
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CASE assigned to Judge Robert C. Chambers. (klc)
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