Ashley v. Ashley et al
Plaintiff: Tricia Lynne Ashley
Defendant: United Bank, Christopher Todd Ashley, Mountaineer Automotive, LLC and Hometown Preowned Vehicles, Inc.
Case Number: 5:2019cv00495
Filed: July 3, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Consumer Credit
Cause of Action: 15:1681
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2019 Opinion or Order Filing 27 ORDER directing that Defendant Christopher Todd Ashley's #17 Motion to Extend Time to File Motion to Dismiss be GRANTED, and that the #18 Motion to Dismiss be accepted as timely filed; ADOPTING the #26 Agreed Order; directing that Plaintiff's response, if any, to the motion to dismiss be filed by 9/6/2019, and that Defendant Christopher Todd Ashley's reply, if any, be filed within 14 days thereafter; TERMINATING the #24 Agreed Order for Extension of Time to File Response to Defendant Mountaineer Automotive, LLC's Motion to Dismiss. Signed by Judge Irene C. Berger on 8/23/2019. (cc: attys; any unrepresented party) (btm)
August 20, 2019 Filing 26 PROPOSED ORDER Agreed Order for Extension of Time to File Motion to Dismiss by Christopher Todd Ashley, Tricia Lynne Ashley (Winters, Joshua) (Modified on 8/20/2019 to add party filer) (ts).
August 16, 2019 Filing 25 REPLY by Mountaineer Automotive, LLC in Opposition to #20 Memorandum In Opposition. (Shuman, David) (Modified on 8/16/2019 to correct party filer and to remove links to #13 and #22 Memorandums in Support, and #12 Motion to Dismiss)(slr).
August 14, 2019 Filing 24 PROPOSED ORDER Agreed Order for Extension of Time to File Response to Motion to Dismiss by Tricia Lynne Ashley, Christopher Todd Ashley (Lusk, Kyle) (Modified on 8/15/2019 to add party filer) (ts)
August 8, 2019 Opinion or Order Filing 23 SCHEDULING ORDER CANCELLING the Scheduling Conference previously scheduled for 8/22/2019; directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 10/18/2019. Discovery requests to be completed by 6/5/2020, and all depositions by 7/31/2020. Expert Witness List by parties bearing the burden of proof due by 1/24/2020, by party not bearing burden of proof due by 3/2/2020, and to solely contradict or rebut evidence due by 4/24/2020. Dispositive Motions except those filed under Rule 12(b) due by 8/21/2020. Motions in Limine to be filed by 9/11/2020, with responses due by 9/18/2020. Proposed Voir Dire, Jury Instructions, and Verdict Form due by 10/5/2020. Plaintiff's portion of proposed Pretrial Order to defendants due by 10/8/2020. Proposed integrated pretrial order due by 10/15/2020. Pretrial Conference/Final Settlement Conference at 9:00 AM on 10/22/2020 in Beckley. Jury Trial set for 10/26/2020 at 9:00 AM in Beckley before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 8/8/2019. (cc: attys; any unrepresented party) (btm)
August 8, 2019 Filing 22 MEMORANDUM by Tricia Lynne Ashley in opposition to #12 MOTION by Hometown Preowned Vehicles, Inc. to Dismiss Complaint (Lusk, Kyle)
August 7, 2019 Filing 21 RULE 26(f) REPORT OF PLANNING MEETING by Mountaineer Automotive, LLC, Hometown Preowned Vehicles, Inc., United Bank, Christopher Todd Ashley, Tricia Lynne Ashley. (Simonton, Mark) (Modified on 8/8/2019 to add party filers)(ts).
August 2, 2019 Filing 20 MEMORANDUM OF LAW by Tricia Lynne Ashley in opposition to #4 MOTION by Mountaineer Automotive, LLC to Dismiss Complaint (Lusk, Kyle)
July 30, 2019 Filing 19 MEMORANDUM OF LAW by Christopher Todd Ashley in support of #18 MOTION by Christopher Todd Ashley to Dismiss Count Six of Complaint. (Winters, J.)
July 30, 2019 Filing 18 MOTION by Christopher Todd Ashley to Dismiss Count Six of Complaint attached to #1 Notice of Removal. (Winters, J.)
July 30, 2019 Filing 17 MOTION by Christopher Todd Ashley to Extend Time to File Motion to Dismiss (Winters, J.)
July 30, 2019 Filing 16 ANSWER TO COMPLAINT AND AMENDED COMPLAINT ATTACHED TO NOTICE OF REMOVAL by Christopher Todd Ashley.(Winters, J.)
July 30, 2019 Filing 15 NOTICE OF APPEARANCE of Co-Counsel by Mark Simonton and Steven K. Nord on behalf of Mountaineer Automotive, LLC. (Simonton, Mark) (Modified text on 7/31/2019) (slr).
July 29, 2019 Opinion or Order Filing 14 AGREED ORDER FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANT MOUNTAINEER AUTOMOTIVE, LLC'S MOTION TO DISMISS directing that the Plaintiff shall file a response, if so desired no later than 8/2/2019, and if desired the Defendant will have 14 days from receipt of the response to file a reply. Signed by Judge Irene C. Berger on 7/29/2019. (cc: attys; any unrepresented party) (btm)
July 25, 2019 Filing 13 MEMORANDUM OF LAW by Hometown Preowned Vehicles, Inc. in support of #12 MOTION by Hometown Preowned Vehicles, Inc. to Dismiss Complaint. (Cullop, Geoffrey)
July 25, 2019 Filing 12 MOTION by Hometown Preowned Vehicles, Inc. to Dismiss Complaint Attached to #1 Notice of Removal. (Cullop, Geoffrey) (Modified on 7/26/2019 to add link to #1 notice of removal) (ts).
July 24, 2019 Filing 11 PROPOSED ORDER Agreed Order for Extension of Time to File Response to Defendant Mountaineer Automotive, LLC's Motion to Dismiss by Tricia Lynne Ashley, Mountaineer Automotive, LLC (Lusk, Kyle) (Modified on 7/26/2019 to add party filer)(ts).
July 15, 2019 Filing 10 MAIL RETURNED AS UNDELIVERABLE. #3 Order and Notice sent to Christopher Todd Ashley at 186 Hunters Xing, Shady Spring, WV 25918. Mail resent to Christopher Todd Ashley at 419 Pea Ridge Road, Oak Hill, WV 25901, per instruction on envelope from USPS. (btm)
July 11, 2019 Filing 9 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Hometown Preowned Vehicles, Inc. (Cullop, Geoffrey)
July 10, 2019 Filing 8 MEMORANDUM OF LAW by United Bank in support of #7 RULE 12(B)(6) MOTION by United Bank to Dismiss Complaint (Boone, Floyd)
July 10, 2019 Filing 7 RULE 12(B)(6) MOTION by United Bank to Dismiss Complaint Attached to #1 Notice of Removal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Boone, Floyd)
July 10, 2019 Filing 6 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Hometown Preowned Vehicles, Inc. (Cullop, Geoffrey)
July 10, 2019 Filing 5 MEMORANDUM OF LAW by Mountaineer Automotive, LLC in support of #4 MOTION by Mountaineer Automotive, LLC to Dismiss Complaint (Statler, Mary)
July 10, 2019 Filing 4 MOTION by Mountaineer Automotive, LLC to Dismiss Complaint Attached to #1 Notice of Removal. (Statler, Mary) (Modified on 7/10/2019 to add link to #1 notice of removal) (ts).
July 9, 2019 Opinion or Order Filing 3 ORDER AND NOTICE: Rule 12(b) Motions 7/25/2019. Rule 26(f) Meeting 8/1/2019. Last day to file report of Rule 26(f) Meeting 8/8/2019. Scheduling Conference at 3:00 PM on 8/22/2019 in Beckley. Entry of Scheduling Order 8/29/2019. Last Day to make Rule 26(a)(1) disclosures 9/5/2019. Signed by Judge Irene C. Berger on 7/9/2019. (cc:attys; any unrepresented party) (msa)
July 5, 2019 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 Aboulhosn. (cc: attys; any unrepresented party) (msa)
July 3, 2019 Filing 1 NOTICE OF REMOVAL by Mountaineer Automotive, LLC with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Raleigh County. Filing Fee $400.00. Receipt #AWVSDC-7308152. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (msa)

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Plaintiff: Tricia Lynne Ashley
Represented By: Brandon L. Gray
Represented By: Kyle G. Lusk
Represented By: Matthew A. Bradford
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Defendant: United Bank
Represented By: Floyd E. Boone, Jr.
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Defendant: Christopher Todd Ashley
Represented By: Joshua Mingo Winters
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Defendant: Mountaineer Automotive, LLC
Represented By: Jonathan S. Deem
Represented By: Maigreade Bridget Burrus
Represented By: Mary Pat Statler
Represented By: Steven K. Nord
Represented By: Mark Simonton
Represented By: David Lewis Shuman, Jr.
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Defendant: Hometown Preowned Vehicles, Inc.
Represented By: Geoffrey A. Cullop
Represented By: David Lewis Shuman, Jr.
Represented By: Kelly G. Pawlowski
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