Morley v. Energy Services of America Corp. et al
| MacKenzie Morley |
| Energy Services of America Corp. doing business as C.J. Hughes Construction Co., Inc., Energy Services of America Corp., C.J. Hughes Construction Co., Inc. and Douglas V. Reynolds |
| 3:2022cv00375 |
| September 2, 2022 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Sex) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.
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Filing 145
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc. for Defendant C. J. Hughes Construction Co., Inc. Third Supplemental Responses to Plaintiff's First Set of Interrogatories and Requests for Production of Documents. (Hall, Jill)
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Filing 144
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc. for Defendant C. J. Hughes Construction Co., Inc. Supplemental Responses to Plaintiff's Third Set of Interrogatories and Requests for Production of Documents. (Hall, Jill)
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Filing 143
CERTIFICATE OF SERVICE by Energy Services of America Corp. for Defendant Energy Services of America Corporation's Supplemental Responses to Plaintiff's First Set of Discovery Requests. (Hall, Jill)
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Filing 141
ORDER granting Defendants' #140 MOTION for Leave to File Defendants' Motion In Limine Under Seal. Signed by Judge Robert C. Chambers on 11/20/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 140
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds for Leave to File Defendants' Motion In Limine Under Seal. (Attachments: #1 Exhibit - Memorandum of Law in Support, #2 Proposed Order, #3 Exhibit - Motion in Limine)(Hall, Jill)
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Filing 139
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in Limine to Preclude Evidence and Argument Relating to Diversity Within C. J. Hughes Construction and Energy Services of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hall, Jill)
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Filing 138
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in Limine to Preclude All Evidence of Ryan Taylor's Alleged Lack of Human Resources Experience. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hall, Jill)
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Filing 137
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in Limine to Preclude All Evidence and Argument of Plaintiff's Economic Damages. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hall, Jill)
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Filing 136
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in Limine to Preclude Evidence and Argument of "Freezing Out" Conduct. (Attachment: #1 Exhibit A)(Hall, Jill)
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Filing 135
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in Limine to Preclude the Report, Opinions, and Testimony of Plaintiff's Economic Expert, George Barrett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hall, Jill)
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Filing 134
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in Limine to Preclude Evidence and Argument of Executive Management Employees' Compensation and Bonuses. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Hall, Jill)
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Filing 133
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in Limine to Preclude Evidence and Argument Regarding Neil Riddle's Severance Agreement and the Alleged Events Leading to His Resignation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hall, Jill)
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Filing 132
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in Limine to Preclude Evidence or Argument of "Joint Venture" Between C. J. Hughes and Mountwest Community & Technical College. (Attachment: #1 Exhibit A)(Hall, Jill)
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Filing 131
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in Limine to Preclude Plaintiff's Use of the Term "Demotion" at Trial. (Attachment: #1 Exhibit A)(Hall, Jill)
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Filing 130
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in Limine to Preclude Evidence and Argument of Defendants' Alleged Failure to Promote Plaintiff. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hall, Jill)
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Filing 129
CERTIFICATE OF SERVICE by MacKenzie Morley for Rule 26(a)(3) Pretrial Disclosures. (Saad, Abraham)
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Filing 128
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds for Rule 26(a)(3) Pretrial Disclosures. (Hall, Jill)
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Filing 127
REPLY by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds to Plaintiff's #125 Response In Opposition. (Attachments: #1 Exhibit SS, #2 Exhibit TT, #3 Exhibit UU, #4 Exhibit VV, #5 Exhibit WW, #6 Exhibit XX, #7 Exhibit YY)(Hall, Jill) (Modified on 10/23/2023 to remove link to #121 memorandum and #120 motion) (mkw).
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Filing 126
REPLY by MacKenzie Morley to #124 Response In Opposition. (Attachments: #1 Exhibit A1 - Affidavit of MacKenzie Morley, #2 Exhibit B1-Portion of Marshall Reynolds Deposition, #3 Exhibit C1-Portion of Doug Reynolds Deposition)(Glazer, Hoyt)
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Filing 125
RESPONSE by MacKenzie Morley in opposition to #120 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds for Summary Judgment. (Attachments: #1 Supplemental Pages to Exhibit 4, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23) (Saad, Abraham) (Modified on 10/17/2023 to remove link to #121 memorandum) (kew).
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Filing 124
RESPONSE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in opposition to #122 MOTION by MacKenzie Morley for Summary Judgment on Counts II and III of the #80 Second Amended Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hall, Jill) (Modified on 10/17/2023 to remove link to #123 memorandum) (kew).
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Filing 123
MEMORANDUM by MacKenzie Morley in support of #122 MOTION by MacKenzie Morley for Summary Judgment on Count III of the Second Amended Complaint (Retaliation for Filing this Civil Action). (Saad, Abraham)
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Filing 122
MOTION by MacKenzie Morley for Summary Judgment on Counts II and III of the #80 Second Amended Complaint. (Attachments: #1 Exhibit Deposition of Doug Reynolds, #2 Exhibit Deposition of Charles Crimmel, #3 Exhibit Deposition of Ryan Taylor, #4 Exhibit Deposition of MacKenzie Morley, #5 Exhibit Deposition of Charles Austin, #6 Exhibit CJ Hughes Responses to Requests for Admissions, #7 Exhibit Deposition of Ralph Long, #8 Exhibit Deposition of Marshall Reynolds, #9 Exhibit Deposition of Dr. Josh Baker, #10 Exhibit Affidavit of MacKenzie Morley, #11 Exhibit May 19, 2023 - Long to Morley, #12 Exhibit Termination Letter, #13 Exhibit Deposition of Dr. Kristy Wood, #14 Exhibit 30(b)(6) Deposition of Ryan Taylor, #15 Exhibit Email from Dr. Wood to Ryan Taylor, #16 Exhibit Utility Construction Program Grant Proposal)(Saad, Abraham) (Modified on 10/3/2023 to add link to #80 second amended complaint)
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Filing 121
MEMORANDUM OF LAW by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in support of #120 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds for Summary Judgment. (Hall, Jill)
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Filing 120
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds for Summary Judgment. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit)(Hall, Jill)
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Filing 119
MEMORANDUM OPINION AND ORDER directing Plaintiff to reimburse Defendants Two Thousand Four Hundred Forty-Four Dollars and no cents ($2,444.00) in attorneys' fees related to the motion for sanctions; Plaintiff shall have thirty (30) days from the date of this Order to pay the aforementioned amount in full. Signed by Magistrate Judge Cheryl A. Eifert on 9/19/2023. (cc: counsel of record) (skm)
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Filing 118
ORDER granting Defendants' #117 MOTION to Exceed Page Limit for their summary judgment motion; granting an extension, but limiting that extension to thirty (30) pages; also granting Plaintiff thirty (30) pages for her Response. Signed by Judge Robert C. Chambers on 9/18/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 117
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds to Exceed Page Limit with respect to their Memorandum in Support of their Motion for Summary Judgment. (Hall, Jill)
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Filing 116
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds for Defendants' Second Supplemental Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1)(A). (Hall, Jill)
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Filing 115
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc. for Defendant C.J. Hughes Construction Co., Inc.'s Second Supplemental Responses to Plaintiff's First Set of Interrogatories and Requests for Production of Documents. (Hall, Jill)
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Filing 114
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Responses to Defendants' Third Set of Interrogatories, Requests for Production of Documents, and Requests for Admissions. (Saad, Abraham)
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Filing 113
REQUEST FOR APPROVAL OF FEES by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in response to the Court's #107 Memorandum Opinion and Order. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hall, Jill)
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Filing 112
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds for Defendants' Responses to Plaintiff's Third Set of Discovery Requests to Defendants Energy Services of America Corp., C.J. Hughes Construction Co., Inc. and Douglas V. Reynolds. (Hall, Jill)
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Filing 111
NOTICE OF RULE 30(b)(6) DEPOSITION by MacKenzie Morley of Ryan Taylor on 09/19/23 at 10 AM (Glazer, Hoyt)
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Filing 110
MEMORANDUM OPINION AND ORDER denying as moot the Defendants' #88 MOTION to Compel Plaintiff to Respond to Defendants' Second Set of Discovery Responses; GRANTING the Plaintiff's #92 MOTION to Compel Defendant C. J. Hughes to Respond to Plaintiff's First Set of Interrogatories and Requests for Production; the parties shall bear their own attorneys' fees and costs associated with the motions; granting Plaintiff's motion to compel regarding Interrogatory Nos. 15 and 16 and directing Defendant to provide complete responses within seven (7) days of this Order; GRANTING Plaintiffs motion to compel Request for Production Nos. 3, 6, 16, 17, and 21 and directing the Defendant to produce the offer letters, bonus history, and pay raises for Chuck Austin, Sean Hieronimus, Matt Hill, David Combs, James Redmond, Troy Taylor, and Doug Harrah within seven (7) days of this Order. Signed by Magistrate Judge Cheryl A. Eifert on 8/24/2023. (cc: counsel of record) (skm)
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Filing 109
NOTICE of Rule 30(b)(6) Deposition Topics by MacKenzie Morley (Glazer, Hoyt)
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Filing 108
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc. for Defendant C.J. Hughes Construction Co., Inc. Responses to Plaintiff's Revised First Set of Interrogatories and Requests for Production of Documents to C.J. Hughes Construction Co., Inc.. (Hall, Jill)
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Filing 107
MEMORANDUM OPINION AND ORDER granting in part the #77 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. for Discovery Sanctions insofar as Defendants are awarded reasonable fees associated with the Motion for Sanctions and directing Plaintiff to supplement the discovery responses; denying in part the Motion for Sanctions to the extent it seeks more drastic sanctions; directing Defendants to file by 8/31/2023 an affidavit of reasonable fees and costs incurred in making the Motion for Sanctions and any supportive documentation or argument to justify the amount of fees and expenses requested; Plaintiff shall have through and including 9/14/2023 in which to respond to Defendants' submission; the response shall include any justification that would obviate against the amount requested; failure to file a response shall be deemed an admission of or agreement with the representations and arguments of Defendants; Defendants shall have through and including 9/21/2023 in which to file a reply memorandum. Signed by Magistrate Judge Cheryl A. Eifert on 8/15/2023. (cc: counsel of record) (mkw)
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Filing 106
REPLY by MacKenzie Morley to #101 Response In Opposition. (Glazer, Hoyt)
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Filing 105
ORDER granting Defendants' #94 PARTIAL MOTION to Dismiss Count IV of Plaintiff's Second Amended Complaint and dismissing Count IV of Plaintiff's Second Amended Complaint. Signed by Judge Robert C. Chambers on 8/10/2023. (cc: counsel of record; any unrepresented parties) (skm)
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Filing 104
REPLY by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds to Plaintiff's #102 Response In Opposition. (Hall, Jill) (Modified on 8/10/2023 to remove link to #88 motion and #89 memorandum) (mkw).
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Filing 103
RESPONSE by MacKenzie Morley to #94 PARTIAL MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds to Dismiss Count IV of Plaintiff's #80 Second Amended Complaint. (Glazer, Hoyt) (Modified on 8/10/2023 to remove link to #95 memorandum) (mkw).
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Filing 102
RESPONSE by MacKenzie Morley in opposition to #88 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds to Compel Plaintiff to Respond to Defendants' Second Set of Discovery Responses. (Saad, Abraham) (Modified on 8/4/2023 to remove #89 memorandum) (kew).
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Filing 101
RESPONSE by C.J. Hughes Construction Co., Inc. in opposition to #92 MOTION by MacKenzie Morley to Compel Defendant C. J. Hughes to Respond to Plaintiff's First Set of Interrogatories and Requests for Production (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Hall, Jill)
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Filing 100
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Second Supplemental Responses to Defendants' First and Second Set of Interrogatories, Requests for Production of Documents, and Requests for Admission. (Saad, Abraham)
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Filing 99
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds for Defendants' Third Set of Interrogatories, Requests for Production of Doucments and Requests for Admission. (Hall, Jill)
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Filing 98
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds for Rule 26(a)(2) Expert Testimony Disclosures. (Hall, Jill)
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Filing 97
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Third Set of Discovery Requests and Requests for Admissions to Defendants. (Saad, Abraham)
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Filing 96
ANSWER AND AFFIRMATIVE DEFENSES to #80 Second Amended Complaint by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds.(Hall, Jill)
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Filing 95
MEMORANDUM OF LAW by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in support of #94 PARTIAL MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds to Dismiss Count IV of Plaintiff's Second Amended Complaint. (Hall, Jill)
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Filing 94
PARTIAL MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds to Dismiss Count IV of Plaintiff's #80 Second Amended Complaint. (Attachment: #1 Exhibit A)(Hall, Jill) Modified on 7/27/2023 (mkw).
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MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #92 MOTION by MacKenzie Morley to Compel Defendant C. J. Hughes to Respond to Plaintiff's First Set of Interrogatories and Requests for Production. (mkw)
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Filing 93
MEMORANDUM by MacKenzie Morley in support of #92 MOTION by MacKenzie Morley to Compel Defendant C. J. Hughes to Respond to Plaintiff's First Set of Interrogatories and Requests for Production. (Glazer, Hoyt)
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Filing 92
MOTION by MacKenzie Morley to Compel Defendant C. J. Hughes to Respond to Plaintiff's First Set of Interrogatories and Requests for Production. (Attachments: #1 Exhibit - Marshall Reynolds Deposition, #2 Exhibit - Meet-and-Confer E-mail thread, #3 Exhibit - C.J. Hughes Responses to Plaintiff's First Set of Discovery)(Glazer, Hoyt)
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Filing 91
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Supplemental Responses to Defendants' First and Second Set of Interrogatories, Requests for Production of Documents, and Requests for Admission. (Saad, Abraham)
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Filing 90
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc. for Defendant C.J. Hughes Construction Co., Inc. Supplemental Responses to Plaintiff's First Set of Interrogatories and Requests for Production of Documents. (Hall, Jill)
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Filing 89
MEMORANDUM OF LAW by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds in support of #88 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds to Compel Plaintiff to Respond to Defendants' Second Set of Discovery Responses (Hall, Jill) (Modified on 7/20/2023 to add party filer) (mkw).
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Filing 88
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds to Compel Plaintiff to Respond to Defendants' Second Set of Discovery Responses. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Hall, Jill) (Modified on 7/20/2023 to add party filer) (mkw).
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MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #88 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds to Compel Plaintiff to Respond to Defendants' Second Set of Discovery Responses. (mkw)
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Filing 87
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Revised First Set of Interrogatories and Requests for Production. (Glazer, Hoyt)
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Filing 86
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Sixth Supplemental Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents. (Saad, Abraham)
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Filing 85
REPLY BRIEF by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to #84 Response In Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hall, Jill) (Modified on 7/17/2023 to remove link to #77 motion) (mkw).
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Filing 84
RESPONSE by MacKenzie Morley in opposition to Defendants' #77 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. for Discovery Sanctions. (Glazer, Hoyt) (Modified on 7/16/2023 to remove link to #78 memorandum) (mkw).
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Filing 83
NOTICE Amended Notice of Intent to Serve Subpoena Duces Tecum Upon Mountwest Community & Technical College by C.J. Hughes Construction Co., Inc. (Attachments: #1 Exhibit 1)(Hall, Jill)
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Filing 82
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc. for Notice of Intent to Serve Subpoena Duces Tecum Upon Mountwest Community & Technical College. (Hall, Jill)
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Filing 81
ORDER directing Plaintiff to respond to Defendants' #77 MOTION for Discovery Sanctions on or before 7/25/2023; Defendants shall file their reply brief on or before 8/1/2023; because this Motion is so closely related to the pending #57 Petition for reasonable expenses, the Court will consider them at the same time. Signed by Magistrate Judge Cheryl A. Eifert on 7/12/2023. (cc: counsel of record) (jsa)
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Filing 80
SECOND AMENDED COMPLAINT by MacKenzie Morley against C.J. Hughes Construction Co., Inc., Energy Services of America Corp., Douglas V. Reynolds, with jury demand. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (jsa)
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Filing 79
ORDER granting Plaintiff's #75 MOTION for Leave to File Second Amended Complaint. Signed by Judge Robert C. Chambers on 7/12/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #77 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. for Discovery Sanctions. (mkw)
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Filing 78
MEMORANDUM OF LAW by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. in support of #77 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. for Discovery Sanctions. (Hall, Jill)
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Filing 77
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. for Discovery Sanctions. (Hall, Jill)
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Filing 76
RESPONSE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to #75 MOTION by MacKenzie Morley for Leave to File Second Amended Complaint. (Hall, Jill)
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Filing 75
MOTION by MacKenzie Morley for Leave to File Second Amended Complaint, re: #10 Amended Complaint. (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit #1 - C. Austin Deposition (Exhibits to Second Amended Complaint), #3 Exhibit #2 - The Grant, #4 Exhibit #3 - R. Taylor Email - March 8-9, 2022, #5 Exhibit #4 - M. Morley Deposition, #6 Exhibit #5 - M. Reynolds Deposition, #7 Exhibit #6 - MCTC Program Coordinator Online Posting)(Saad, Abraham)
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Filing 74
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc. for Defendant C. J. Hughes Construction Co., Inc. Responses to Plaintiff's First Set of Interrogatories and Requests for Production of Documents to C. J. Hughes Construction Co., Inc.. (Hall, Jill)
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Filing 73
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Responses to Defendants' Second Set of Interrogatories, Requests for Production of Documents, and Requests for Admission. (Saad, Abraham)
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Filing 72
REPLY BRIEF by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Plaintiff's #70 Response In Opposition. (Hall, Jill)
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Filing 71
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's First Set of Interrogatories and Requests for Production of Documents to Defendant C.J. Hughes. (Saad, Abraham)
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Filing 70
RESPONSE by MacKenzie Morley in opposition to #57 Brief In Support. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Saad, Abraham)
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Filing 69
NOTICE TO TAKE DEPOSITION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. of Dr. Kristy Wood on June 20, 2023 at 1:00 p.m. (Hall, Jill)
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Filing 68
NOTICE TO TAKE DEPOSITION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. of Dr. Josh Baker on June 20, 2023 at 10:00 a.m. (Hall, Jill)
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Filing 67
CERTIFICATE OF SERVICE by MacKenzie Morley for Rule 26(a)(2) Expert Testimony Disclosures. (Saad, Abraham)
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Filing 66
NOTICE TO TAKE EVIDENTIARY DEPOSITION by MacKenzie Morley of Matt Hill on June 27, 2023 at 11:30 a.m. (Saad, Abraham)
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Filing 65
NOTICE TO TAKE EVIDENTIARY DEPOSITION by MacKenzie Morley of James Redmond on June 27, 2023 at 9:30 a.m. (Saad, Abraham)
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Filing 64
NOTICE TO TAKE VIDEOTAPED DEPOSITION by MacKenzie Morley of Doug Reynolds on July 12, 2023 at 11:30 a.m. (Saad, Abraham)
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Filing 63
NOTICE TO TAKE EVIDENTIARY DEPOSITION by MacKenzie Morley of Charles Crimmel on July 12, 2023 at 9:30 a.m. (Saad, Abraham)
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Filing 62
NOTICE TO TAKE EVIDENTIARY DEPOSITION by MacKenzie Morley of Ryan Taylor on June 26, 2023 at 1:30 p.m. (Saad, Abraham)
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Filing 61
NOTICE TO TAKE EVIDENTIARY DEPOSITION by MacKenzie Morley of Ralph Long on June 26, 2023 at 11:30 a.m. (Saad, Abraham)
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Filing 60
NOTICE TO TAKE EVIDENTIARY DEPOSITION by MacKenzie Morley of Kevin Sanders on June 26, 2023 at 9:30 a.m. (Saad, Abraham)
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Filing 59
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. for Defendants' Second Set of Interrogatories, Requests for Production of Documents, and Requests for Admission. (Hall, Jill)
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Filing 58
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Fifth Supplemental Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents. (Saad, Abraham)
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Filing 57
BRIEF by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. in support of Petition for Fees regarding #39 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Compel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hall, Jill)
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Filing 56
AMENDED NOTICE OF DEPOSITION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. of Dr. Timothy S. Saar on July 10, 2023 at 9:30 a.m. (Hall, Jill)
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Filing 55
ORDER denying as premature Plaintiff's motion asking the Court to reverse the Magistrate Judge's findings for attorneys' fees and costs in Plaintiff's #51 Objections and Appeal of Magistrate Judge Eifert's April 28, 2023 Memorandum Opinion and Order. Signed by Judge Robert C. Chambers on 5/15/2023. (cc: counsel of record and any unrepresented parties) (mkw)
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Filing 54
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. for Supplemental Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1)(A). (Hall, Jill)
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Filing 53
CERTIFICATE OF SERVICE by Energy Services of America Corp. for Defendant Energy Services of America Corporation's Responses to Plaintiff's First Set of Discovery Requests. (Hall, Jill)
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Filing 52
NOTICE TO TAKE DEPOSITION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. of Dr. Timothy S. Saar on July 13, 2023 at 9:30 a.m. (Hall, Jill)
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Filing 51
OBJECTIONS AND APPEAL by MacKenzie Morley of Magistrate Judge Eifert's 4/28/2023 #47 Memorandum Opinion and Order Granting Defendants' Motion to Compel Supplemental Response to Defendants' First Set of Discovery Requests. (Saad, Abraham)
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Filing 50
MEMORANDUM OPINION AND ORDER denying Defendants' #14 PARTIAL MOTION to Dismiss to the extent they argue Plaintiff has failed to adequately allege any possible liability on the part of ESOA and granting their motion to dismiss Counts III and IV for Outrage and NIED as to both Defendants; Counts I and II shall remain pending. Signed by Judge Robert C. Chambers on 5/3/2023. (cc: counsel of record and any unrepresented parties) (cla)
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Filing 49
ORDER denying as moot Defendants' #5 PARTIAL MOTION to Dismiss With Prejudice Counts III and IV of the #1 Complaint and #11 MOTION/NOTICE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. of Withdrawal of its PARTIAL MOTION to Dismiss. Signed by Judge Robert C. Chambers on 5/3/2023. (cc: counsel of record and any unrepresented parties) (cla)
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Filing 48
NOTICE TO TAKE EVIDENTIARY DEPOSITION by MacKenzie Morley of Marshall Reynolds on May 10, 2023 at 10:00 a.m. (Saad, Abraham)
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Filing 47
MEMORANDUM OPINION AND ORDER granting Defendants' #39 MOTION to Compel Supplemental Responses to Defendants' First Set of Discovery Requests, as more fully set forth herein; directing that Defendants shall have through and including 5/19/2023 in which to file an affidavit of reasonable fees and expenses incurred in making the motion to compel; Plaintiff shall have through and including 6/2/2023 in which to file a reply memorandum; Defendants shall have through and including 6/9/2023 in which to file a reply memorandum. Signed by Magistrate Judge Cheryl A. Eifert on 4/28/2023. (cc: counsel of record) (cla)
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Filing 46
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Fourth Supplemental Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents. (Saad, Abraham)
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Filing 45
REPLY by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Plaintiff's #44 Response In Opposition. (Attachments: #1 Exhibit K, #2 Exhibit L, #3 Exhibit M, #4 Exhibit N)(Hall, Jill) (Modified on 4/20/2023 to remove link to #39 motion and #40 memorandum) (mkw).
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Filing 44
RESPONSE by MacKenzie Morley in opposition to #39 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Compel Supplemental Responses to Defendants' First Set of Discovery Requests. (Attachment: #1 Affidavit)(Saad, Abraham) (Modified on 4/20/2023 to remove link to #40 memorandum) (mkw).
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Filing 43
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Third Supplemental Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents. (Saad, Abraham)
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Filing 42
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's First Set of Discovery to Energy Services of America Corp. (Saad, Abraham)
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MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #39 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Compel Supplemental Responses to Defendants' First Set of Discovery Requests. (mkw)
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Filing 41
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc. for Defendant C.J. Hughes Construction Co., Inc.'s Responses to Plaintiff's First Requests for Admission. (Hall, Jill)
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Filing 40
MEMORANDUM OF LAW by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. in support of #39 MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Compel Supplemental Responses to Defendants' First Set of Discovery Requests. (Hall, Jill)
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Filing 39
MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Compel Supplemental Responses to Defendants' First Set of Discovery Requests. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Hall, Jill)
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Filing 38
NOTICE TO TAKE EVIDENTIARY DEPOSITION by MacKenzie Morley of Charles Austin on April 12, 2023 at 10:00 a.m. (Saad, Abraham)
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Filing 37
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Supplemental Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents. (Saad, Abraham)
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Filing 36
STIPULATION TO EXTEND DEADLINE TO FILE MOTION TO COMPEL by MacKenzie Morley, C.J. Hughes Construction Co., Inc., Energy Services of America Corp.; the parties stipulate to extending the deadline for Defendants to file a motion to compel relating to Plaintiff's responses to Defendants' First Set of Interrogatories and Requests for Production of Documents to 4/5/2023. (Hall, Jill) (Modified on 3/23/2023 to add party filer) (mkw).
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Filing 35
NOTICE OF ATTORNEY APPEARANCE by Laura Hoffman Lorensen on behalf of C.J. Hughes Construction Co., Inc., Energy Services of America Corp. (Lorensen, Laura)
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Filing 34
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's First Set of Requests for Admission to Defendant C.J. Hughes Construction Co., Inc.. (Saad, Abraham)
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Filing 33
CERTIFICATE OF SERVICE by MacKenzie Morley for Plaintiff's Responses to Defendants' First Set of Interrogatories and Requests for Production of Documents. (Saad, Abraham)
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Filing 32
AMENDED SCHEDULING ORDER granting the parties' #30 JOINT MOTION to Amend #19 Scheduling Order and directing as follows: Discovery requests to be completed by 7/28/2023 and all depositions by 9/11/2023. Expert Witness List by parties bearing the burden of proof due by 5/31/2023, by party not bearing burden of proof due by 7/28/2023, and to solely contradict or rebut evidence due by 8/6/2023. Dispositive Motions except those filed under Rule 12(b) due by 10/2/2023; 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 10/23/2023. Plaintiff's portion of proposed Pretrial Order to defendants due by 1/2/2024. Proposed Integrated Pretrial Order due by 1/8/2024. Pretrial Conference set for 1/16/2024 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 1/23/2024. Final Settlement Conference at 9:30 AM on 1/29/2024 in Huntington. Trial set for 1/30/2024 at 8:30 AM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 2/14/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 31
NOTICE TO TAKE DEPOSITION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. of MacKenzie Morley on March 27, 2023 at 9:30 a.m. (Hall, Jill)
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Filing 30
JOINT MOTION by MacKenzie Morley, C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Amend the Court's #19 Scheduling Order. (Hall, Jill) (Modified on 2/9/2023 to add party filer) (mkw).
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Filing 29
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. for Rule 26(a)(1) Initial Disclosures. (Hall, Jill)
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Filing 28
CERTIFICATE OF SERVICE by MacKenzie Morley for Rule 26(a)(1) Initial Disclosures. (Saad, Abraham)
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Filing 27
CERTIFICATE OF SERVICE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. for Defendants' First Set of Interrogatories and Requests for Production of Documents. (Hall, Jill)
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Filing 26
ORDER SETTING DEPOSITION PROTOCOL directing that the protocol described herein shall be followed with all depositions conducted in this matter. Signed by Magistrate Judge Cheryl A. Eifert on 1/17/2023. (cc: counsel of record) (cla)
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Filing 25
AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(d) directing that the procedures set forth herein shall govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 1/17/2023. (cc: counsel of record; any unrepresented party) (cla)
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Filing 24
PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 1/17/2023. (cc: counsel of record; any unrepresented party) (cla)
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Filing 23
PROPOSED ORDER Protective Order by MacKenzie Morley, C.J. Hughes Construction Co., Inc., Energy Services of America Corp. (Hall, Jill) (Modified on 1/17/2023 to add party filer) (mkw).
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Filing 22
PROPOSED ORDER Order Setting Deposition Protocol by MacKenzie Morley, C.J. Hughes Construction Co., Inc., Energy Services of America Corp. (Hall, Jill) (Modified on 1/17/2023 to add party filer) (mkw).
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Filing 21
PROPOSED ORDER Agreed Order Governing the Inadvertent Disclosure of Documents or Other Material Under Rule 502(d) by MacKenzie Morley, C.J. Hughes Construction Co., Inc., Energy Services of America Corp. (Hall, Jill) (Modified on 1/17/2023 to add party filer) (mkw).
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Filing 20
REPLY by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Plaintiff's #17 Response In Opposition. (Hall, Jill) (Modified on 1/16/2023 to remove link to #14 partial motion, #10 amended complaint and #15 memorandum) (mkw).
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Filing 19
SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 2/20/2023. Discovery requests to be completed by 5/31/2023 and all depositions by 7/15/2023. Expert Witness List by parties bearing the burden of proof due by 4/28/2023, by party not bearing burden of proof due by 5/26/2023, and to solely contradict or rebut evidence due by 6/16/2023. Dispositive Motions except those filed under Rule 12(b) due by 8/4/2023; 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 8/18/2023. Plaintiff's portion of proposed Pretrial Order to defendants due by 10/2/2023. Proposed Integrated Pretrial Order due by 10/10/2023. Pretrial Conference set for 10/16/2023 at 11:30 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 10/24/2023. Final Settlement Conference at 9:30 AM on 10/30/2023 in Huntington. Trial set for 10/31/2023 at 8:30 AM in Huntington before Judge Robert C. Chambers; further CANCELING the scheduling conference set for 1/23/2023. Signed by Judge Robert C. Chambers on 1/11/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 18
RULE 26(f) REPORT OF PLANNING MEETING by Mackenzie Morley, C.J. Hughes Construction Co., Inc., Energy Services of America Corp. (Hall, Jill) (Modified on 1/9/2023 to add party filer) (mkw).
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Filing 17
RESPONSE by MacKenzie Morley in opposition to #14 PARTIAL MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Dismiss With Prejudice Energy Services of America Corp. and Counts III and IV of the #10 Amended Complaint. (Saad, Abraham) (Modified on 1/6/2023 to remove link to #15 memorandum) (mkw).
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Filing 16
ANSWER AND AFFIRMATIVE DEFENSES to #10 Amended Complaint by C.J. Hughes Construction Co., Inc. (Hall, Jill)
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Filing 15
MEMORANDUM OF LAW by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. in support of #14 PARTIAL MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Dismiss With Prejudice Energy Services of America Corp. and Counts III and IV of the #10 Amended Complaint. (Hall, Jill)
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Filing 14
PARTIAL MOTION by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. to Dismiss With Prejudice Energy Services of America Corp. and Counts III and IV of the #10 Amended Complaint. (Hall, Jill)
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Filing 13
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant C.J. Hughes Construction Co., Inc. (Wilson, Benjamin)
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Filing 12
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Energy Services of America Corp. (Wilson, Benjamin)
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Filing 11
MOTION/NOTICE by C.J. Hughes Construction Co., Inc., Energy Services of America Corp. of Withdrawal of #5 PARTIAL MOTION by Energy Services of America Corp. to Dismiss With Prejudice Counts III and IV of the Complaint. (Hall, Jill) (Modified on 12/13/2022 to convert event to a motion and remove link to #6 memorandum) (mkw).
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Filing 10
AMENDED COMPLAINT by MacKenzie Morley against Energy Services of America Corp., C.J. Hughes Construction Co., Inc., with jury demand. (jsa)
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Filing 9
RESPONSE by MacKenzie Morley in opposition to #5 PARTIAL MOTION by Energy Services of America Corp. to Dismiss With Prejudice Counts III and IV of the #1 Complaint. (Saad, Abraham) (Modified on 12/12/2022 to remove link to #6 memorandum) (mkw).
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Filing 8
ORDER AND NOTICE: Rule 12(b) Motions - 12/19/2022. Rule 26(f) Meeting - 1/3/2023. Last day to file report of Rule 26(f) Meeting - 1/9/2023. Scheduling/status conference at 11:30 AM on 1/23/2023 in Huntington. Entry of Scheduling Order - 1/30/2023. Last Day to make Rule 26(a)(1) disclosures - 2/6/2023. Signed by Judge Robert C. Chambers on 11/29/2022. (cc: counsel of record; any unrepresented parties) (cla)
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Filing 7
ANSWER AND AFFIRMATIVE DEFENSES to #1 Complaint by Energy Services of America Corp. (Hall, Jill)
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Filing 6
MEMORANDUM OF LAW by Energy Services of America Corp. in support of #5 PARTIAL MOTION by Energy Services of America Corp. to Dismiss With Prejudice Counts III and IV of the Complaint. (Hall, Jill)
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Filing 5
PARTIAL MOTION by Energy Services of America Corp. to Dismiss With Prejudice Counts III and IV of the #1 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hall, Jill)
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Filing 4
WAIVER OF SERVICE EXECUTED. Waiver signed by Jill Hall on September 29, 2022. Energy Services of America Corp. waiver mailed on 9/28/2022, answer due 11/28/2022. (Hall, Jill)
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CASE assigned to Judge Robert C. Chambers. (klc)
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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. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)
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Filing 2
ELECTRONIC SUMMONS ISSUED as to Energy Services of America Corp., 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). (jsa)
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Filing 1
COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8262656. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (jsa)
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