Smith v. Oiler et al
Plaintiff: Chad Smith
Defendant: Brandon Oiler, William M. Mullins, Stephen Lusher and John Doe
Case Number: 3:2021cv00649
Filed: December 13, 2021
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: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2022 Opinion or Order Filing 15 MEMORANDUM OPINION AND ORDER granting Defendants' #10 MOTION to Dismiss Certain Claims and DISMISSING Counts III and VI. Signed by Judge Robert C. Chambers on 2/8/2022. (cc: attys; any unrepresented parties) (mkw)
February 2, 2022 Opinion or Order Filing 14 SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 3/1/2022. Discovery requests to be completed by 10/21/2022 and all depositions by 11/18/2022. Expert Witness List by parties bearing the burden of proof due by 6/24/2022, by party not bearing burden of proof due by 7/29/2022, and to solely contradict or rebut evidence due by 8/8/2022. Dispositive Motions except those filed under Rule 12(b) due by 11/18/2022; 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 12/1/2022. Plaintiff's portion of proposed Pretrial Order to defendants due by 1/23/2023. Proposed Integrated Pretrial Order due by 1/30/2023. Pretrial Conference set for 2/6/2023 at 10:30 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 2/14/2023. Final Settlement Conference at 9:30 AM on 2/21/2023 in Huntington. Trial set for 2/22/2023 at 8:30 AM in Huntington before Judge Robert C. Chambers; further canceling the scheduling conference set for 2/22/2022. Signed by Judge Robert C. Chambers on 2/2/2022. (cc: counsel of record; any unrepresented parties) (jsa)
January 31, 2022 Opinion or Order Filing 13 RULE 26(f) REPORT OF PLANNING MEETING by Chad Smith, Stephen Lusher, William M. Mullins, Brandon Oiler. (Hughes, Benjamin) (Modified on 2/2/2022 to add party filer) (mkw).
January 28, 2022 Opinion or Order Filing 12 RESPONSE by Chad Smith in opposition to #10 MOTION by Stephen Lusher, William M. Mullins, Brandon Oiler to Dismiss Certain Claims With Prejudice; re: Plaintiff's Third Cause of Action (State Constitutional Violations) and Sixth Cause of Actions. (Atkinson, John-Mark)
January 14, 2022 Opinion or Order Filing 11 MEMORANDUM OF LAW by Stephen Lusher, William M. Mullins, Brandon Oiler in support of #10 MOTION by Stephen Lusher, William M. Mullins, Brandon Oiler to Dismiss Certain Claims With Prejudice; re: Plaintiff's Third Cause of Action (State Constitutional Violations) and Sixth Cause of Actions. (Hughes, Benjamin)
January 14, 2022 Opinion or Order Filing 10 MOTION by Stephen Lusher, William M. Mullins, Brandon Oiler to Dismiss Certain Claims With Prejudice; re: Plaintiff's Third Cause of Action (State Constitutional Violations) and Sixth Cause of Actions. (Negligence). (Hughes, Benjamin)
December 29, 2021 Opinion or Order Filing 9 ORDER AND NOTICE: Rule 12(b) Motions - 1/18/2022. Rule 26(f) Meeting - 1/31/2022. Last day to file report of Rule 26(f) Meeting - 2/7/2022. Scheduling/status conference at 11:30 AM on 2/22/2022 in Huntington. Entry of Scheduling Order - 2/28/2022. Last Day to make Rule 26(a)(1) disclosures - 3/7/2022. Signed by Judge Robert C. Chambers on 12/29/2021. (cc: counsel of record; any unrepresented parties) (jsa)
December 29, 2021 Opinion or Order Filing 8 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants Stephen Lusher, William M. Mullins, Brandon Oiler (Hughes, Benjamin)
December 29, 2021 Opinion or Order Filing 7 ANSWER to #1 Complaint by Stephen Lusher, William M. Mullins, Brandon Oiler; Jury demand. (Hughes, Benjamin)
December 16, 2021 Opinion or Order Filing 6 SUMMONS RETURNED EXECUTED by Personal Service for Stephen Lusher. Stephen Lusher served on 12/14/2021, answer due 1/4/2022. Summons served on Carrie Maynard. (Atkinson, John-Mark)
December 16, 2021 Opinion or Order Filing 5 SUMMONS RETURNED EXECUTED by Personal Service for Brandon Oiler. Brandon Oiler served on 12/14/2021, answer due 1/4/2022. Summons served on Carrie Maynard. (Atkinson, John-Mark)
December 16, 2021 Opinion or Order Filing 4 SUMMONS RETURNED EXECUTED by Personal Service for William M. Mullins. William M. Mullins served on 12/14/2021, answer due 1/4/2022. Summons served on Carrie Maynard. (Atkinson, John-Mark)
December 13, 2021 Opinion or Order CASE assigned to Judge Robert C. Chambers. (klc)
December 13, 2021 Opinion or Order Filing 3 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: counsel of record; any unrepresented party) (jsa)
December 13, 2021 Opinion or Order Filing 2 ELECTRONIC SUMMONS ISSUED as to Stephen Lusher, William M. Mullins, Brandon Oiler, 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 as to William M. Mullins, #2 summons as to Stephen Lusher) (jsa)
December 13, 2021 Opinion or Order Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8095102. (Attachments: #1 Proposed Summons as to Brandon Oiler, #2 Proposed Summons as to William M. Mullins, #3 Proposed Summons as to Stephen Lusher, #4 Civil Cover Sheet) (jsa)

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Plaintiff: Chad Smith
Represented By: John-Mark Atkinson
Represented By: Mark A. Atkinson
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Defendant: Brandon Oiler
Represented By: Benjamin T. Hughes
Represented By: Johnnie E. Brown
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Defendant: William M. Mullins
Represented By: Benjamin T. Hughes
Represented By: Johnnie E. Brown
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Defendant: Stephen Lusher
Represented By: Benjamin T. Hughes
Represented By: Johnnie E. Brown
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Defendant: John Doe
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