Eldridge v. Appalachian Power Company et al
Plaintiff: Kenneth Eldridge
Defendant: Appalachian Power Company, Babcock & Wilcox Construction Co., LLC, Enerfab, LLC, Enerfab Process & Fabricated Products, Inc. and Enerfab Power & Industrial, LLC
Case Number: 3:2023cv00760
Filed: November 27, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 16, 2024 Opinion or Order Filing 21 STIPULATED PROTECTIVE ORDER granting the parties' #20 JOINT MOTION for Entry of Agreed Protective Order; setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 1/16/2024. (cc: counsel of record) (jsa)
January 16, 2024 Filing 20 JOINT MOTION by Kenneth Eldridge, Appalachian Power Company, Babcock & Wilcox Construction Co., LLC, Enerfab Power & Industrial, LLC, Enerfab Process & Fabricated Products, Inc., Enerfab, LLC for Entry of Agreed Protective Order. (Attachment: #1 Exhibit A)(Casto, Matthew) (Modified on 1/16/2024 to add party filers) (mkw).
January 16, 2024 MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #20 JOINT MOTION by Kenneth Eldridge, Appalachian Power Company, Babcock & Wilcox Construction Co., LLC, Enerfab Power & Industrial, LLC, Enerfab Process & Fabricated Products, Inc., Enerfab, LLC for Entry of Agreed Protective Order. (mkw)
January 9, 2024 Opinion or Order Filing 19 SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 3/22/2024. Discovery requests to be completed by 10/31/2024 and all depositions by 1/31/2025. Expert Witness List by parties bearing the burden of proof due by 10/7/2024, by party not bearing burden of proof due by 11/15/2024, and to solely contradict or rebut evidence due by 11/29/2024. Dispositive Motions except those filed under Rule 12(b) due by 1/9/2025; 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 1/17/2025. Plaintiff's portion of proposed Pretrial Order to defendants due by 4/7/2025. Proposed Integrated Pretrial Order due by 4/14/2025. Pretrial Conference set for 4/21/2025 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 4/29/2025. Final Settlement Conference at 9:30 AM on 5/5/2025 in Huntington. Trial set for 5/6/2025 at 8:30 AM in Huntington before Judge Robert C. Chambers; further CANCELING the scheduling conference set for 1/22/2024. Signed by Judge Robert C. Chambers on 1/9/2024. (cc: counsel of record; any unrepresented parties) (skm)
January 9, 2024 Filing 18 PROPOSED ORDER Stipulated Protective Order by Kenneth Eldridge, Appalachian Power Company, Babcock & Wilcox Construction Co., LLC, Enerfab Power & Industrial, LLC, Enerfab Process & Fabricated Products, Inc., Enerfab, LLC. (Casto, Matthew) (Modified on 1/9/2024 to add party filers) (mkw).
January 8, 2024 Filing 17 RULE 26(f) REPORT OF PLANNING MEETING by Babcock & Wilcox Construction Co., LLC, Kenneth Eldridge, Enerfab Power & Industrial, LLC, Enerfab Process & Fabricated Products, Inc., Enerfab, LLC, Appalachian Power Company. (Negley, Christopher) (Modified on 1/8/2024 to replace image and to add party filers) (mkw).
January 8, 2024 NOTICE OF DOCKET CORRECTION re: #17 RULE 26(f) REPORT OF PLANNING MEETING. Error: The image was not flattened. Correction: Replaced unflattened image with flattened image. (mkw)
December 29, 2023 Filing 16 NOTICE OF ATTORNEY APPEARANCE by Michelle D. Baldwin on behalf of Enerfab Power & Industrial, LLC, Enerfab Process & Fabricated Products, Inc., Enerfab, LLC. (Baldwin, Michelle)
December 28, 2023 Filing 15 NOTICE of Withdrawal of Attorney Melissa M. Barr by Enerfab Power & Industrial, LLC, Enerfab Process & Fabricated Products, Inc., Enerfab, LLC (Barr, Melissa)
December 12, 2023 Filing 14 NOTICE OF ATTORNEY APPEARANCE by Charles Edward Amos, II on behalf of Kenneth Eldridge. (Amos, Charles)
December 1, 2023 Filing 13 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Enerfab Power & Industrial, LLC. (Barr, Melissa)
December 1, 2023 Filing 12 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Enerfab Process & Fabricated Products, Inc. (Barr, Melissa)
December 1, 2023 Filing 11 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Enerfab, LLC. (Barr, Melissa)
November 30, 2023 Filing 10 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Babcock & Wilcox Construction Co., LLC. (Negley, Christopher)
November 30, 2023 Filing 9 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Babcock & Wilcox Construction Co., LLC. (Attachment: #1 Civil Cover Sheet)(Negley, Christopher) (Modified on 11/30/2023 to add link to complaint attached to #1 notice of removal) (mkw).
November 30, 2023 Opinion or Order Filing 8 ORDER AND NOTICE: Rule 12(b) Motions - 12/20/2023. Rule 26(f) Meeting - 1/2/2024. Last day to file report of Rule 26(f) Meeting - 1/8/2024. Scheduling/status conference at 11:30 AM on 1/22/2024 in Huntington. Entry of Scheduling Order - 1/29/2024. Last Day to make Rule 26(a)(1) disclosures - 2/5/2024. Signed by Judge Robert C. Chambers on 11/30/2023. (cc: counsel of record; any unrepresented parties) (skm)
November 29, 2023 Filing 7 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Appalachian Power Company. (Casto, Matthew)
November 29, 2023 Filing 6 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Appalachian Power Company. (Casto, Matthew) (Modified on 11/30/2023 to add link to #1 notice of removal) (mkw).
November 29, 2023 Filing 5 ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Enerfab Process & Fabricated Products, Inc. (Attachment: #1 Civil Cover Sheet)(Barr, Melissa) (Modified on 11/30/2023 to add link to #1 notice of removal) (mkw).
November 29, 2023 Filing 4 ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Enerfab Power & Industrial, LLC. (Attachment: #1 Civil Cover Sheet)(Barr, Melissa) (Modified on 11/30/2023 to add link to #1 notice of removal) (mkw).
November 29, 2023 Filing 3 ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Enerfab, LLC. (Attachment: #1 Civil Cover Sheet)(Barr, Melissa) (Modified on 11/30/2023 to add link to #1 notice of removal) (mkw).
November 27, 2023 CASE assigned to Judge Robert C. Chambers. (klc)
November 27, 2023 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: counsel of record; any unrepresented party) (jsa)
November 27, 2023 Filing 1 NOTICE OF REMOVAL by Babcock & Wilcox Construction Co., LLC, Enerfab, LLC, Enerfab Process & Fabricated Products, Inc., Appalachian Power Company, Enerfab Power & Industrial, LLC with summons, complaint and docket sheet from Circuit Court of Putnam County. Filing Fee $402.00. Receipt #AWVSDC-8543881. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet) (jsa)

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Plaintiff: Kenneth Eldridge
Represented By: Jason P. Foster
Represented By: Scott S. Segal
Represented By: Charles Edward Amos, II
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Defendant: Appalachian Power Company
Represented By: Matthew S. Casto
Represented By: Tiffany M. Arbaugh
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Defendant: Babcock & Wilcox Construction Co., LLC
Represented By: Christopher D. Negley
Represented By: William R. Slicer
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Defendant: Enerfab, LLC
Represented By: Melissa M. Barr
Represented By: Michelle D. Baldwin
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Defendant: Enerfab Process & Fabricated Products, Inc.
Represented By: Melissa M. Barr
Represented By: Michelle D. Baldwin
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Defendant: Enerfab Power & Industrial, LLC
Represented By: Melissa M. Barr
Represented By: Michelle D. Baldwin
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