CP #1109, LLC et al v. Continental Motors, Inc. et al
Plaintiff: Martin E. O'Boyle and CP #1109, LLC
Defendant: Continental Motors, Inc. and Continental Motors Services, Inc.
Case Number: 5:2019cv00501
Filed: July 8, 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: 28 U.S.C. § 1446
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2019 Filing 19 MEMORANDUM by Continental Motors Services, Inc., Continental Motors, Inc. in support of #18 MOTION by Continental Motors Services, Inc., Continental Motors, Inc. for Sanctions and Award of Attorney Fees and Costs (James, Robert)
August 30, 2019 Filing 18 MOTION by Continental Motors Services, Inc., Continental Motors, Inc. for Sanctions and Award of Attorney Fees and Costs (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit 1, #8 Exhibit G, #9 Exhibit 2, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K)(James, Robert)
August 27, 2019 Filing 17 TRANSMITTED CERTIFIED COPY of #16 Judgment Order to attorneys and any unrepresented party. (slr)
August 27, 2019 Opinion or Order Filing 16 JUDGMENT ORDER directing that this case be dismissed with prejudice and stricken from the docket in accordance with the Court's #14 order granting the Defendants' motion to dismiss. Signed by Judge Irene C. Berger on 8/27/2019. (cc: attys; any unrepresented party) (slr)
August 20, 2019 Filing 15 TRANSMITTED CERTIFIED COPY of #14 Memorandum Opinion and Order to attorneys and any unrepresented party. (slr)
August 20, 2019 Opinion or Order Filing 14 MEMORANDUM OPINION AND ORDER granting Defendants' #5 MOTION to Dismiss Plaintiffs' Complaint; denying Plaintiffs' #12 MOTION for Leave to Conduct Jurisdictional Discovery and/or Discovery Pursuant to Fed. R. Civ. P. 56(f); directing that this action be DISMISSED without prejudice and STRICKEN from the docket; directing Defendants to file any motion for sanctions by 8/30/2019. Signed by Judge Irene C. Berger on 8/20/2019. (cc: attys; any unrepresented party) (slr)
August 14, 2019 Filing 13 MEMORANDUM by Martin E. O'Boyle in support of #12 MOTION by Martin E. O'Boyle for Leave to Conduct Jurisdictional and/or Discovery Pursuant to Fed R. Civ. P 56(f) (Frank, Robert)
August 14, 2019 Filing 12 MOTION by Martin E. O'Boyle for Leave to Conduct Jurisdictional and/or Discovery Pursuant to Fed R. Civ. P 56(f) (Frank, Robert)
August 14, 2019 Filing 11 MEMORANDUM by Martin E. O'Boyle in opposition to #5 MOTION by Continental Motors Services, Inc., Continental Motors, Inc. to Dismiss Complaint (Frank, Robert)
August 5, 2019 Opinion or Order Filing 10 SCHEDULING ORDER: CANCELLING the Scheduling Conference previously scheduled for 8/28/2019; directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 12/16/2019. Discovery requests to be completed by 5/22/2020, and all depositions by 7/17/2020. Expert Witness List by parties bearing the burden of proof due by 1/6/2020, by party not bearing burden of proof due by 2/10/2020, and to solely contradict or rebut evidence due by 3/9/2020. Dispositive Motions except those filed under Rule 12(b) due by 8/14/2020. Motions in Limine to be filed by 9/4/2020, with responses due by 9/11/2020. Proposed Voir Dire, Jury Instructions, and Verdict Form due by 10/5/2020. Plaintiffs' portion of proposed Pretrial Order to defendants due by 10/7/2020. Proposed integrated pretrial order due by 10/14/2020. Pretrial Conference/Final Settlement Conference at 1:30 PM on 10/21/2020 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 8/5/2019. (cc: attys; any unrepresented party) (btm)
August 2, 2019 Filing 9 RULE 26(f) REPORT OF PLANNING MEETING by Continental Motors Services, Inc., Continental Motors, Inc. (James, Robert)
July 26, 2019 Opinion or Order Filing 8 ORDER directing that the parties' #7 Stipulated Motion for Extension of Time to to Respond to Defendants' #5 Motion to Dismiss be GRANTED and that the Plaintiffs' response to the motion to dismiss be filed by 8/15/2019. Signed by Judge Irene C. Berger on 7/26/2019. (cc: attys; any unrepresented party) (btm)
July 24, 2019 Filing 7 STIPULATED MOTION by Martin E. O'Boyle, CP# 1109, Continental Motors, Inc., Continental Motors Services, Inc. for Extension of Time to Respond to #5 Motion to Dismiss to August 15, 2019 (Frank, Robert) (Modified on 7/26/2019 to add link to #5 motion and to add party filers) (ts).
July 15, 2019 Filing 6 MEMORANDUM OF LAW by Continental Motors Services, Inc., Continental Motors, Inc. in support of #5 MOTION by Continental Motors Services, Inc., Continental Motors, Inc. to Dismiss Complaint (Tuggle, Mitchell)
July 15, 2019 Filing 5 MOTION by Continental Motors Services, Inc., Continental Motors, Inc. to Dismiss Complaint Attached to #1 Notice of Removal. (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)(Tuggle, Mitchell) (Modified on 7/16/2019 to add link to #1 notice of removal) (ts).
July 11, 2019 Opinion or Order Filing 4 ORDER AND NOTICE: Rule 12(b) Motions 7/31/2019. Rule 26(f) Meeting 8/7/2019. Last day to file report of Rule 26(f) Meeting 8/14/2019. Scheduling Conference at 3:00 PM on 8/28/2019 in Beckley. Entry of Scheduling Order 9/6/2019. Last Day to make Rule 26(a)(1) disclosures 9/13/2019. Signed by Judge Irene C. Berger on 7/11/2019. (cc:attys; any unrepresented party) (msa)
July 9, 2019 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 Aboulhosn. (cc: attys; any unrepresented party) (btm)
July 8, 2019 Filing 2 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants Continental Motors, Inc., Continental Motors Services, Inc. (btm)
July 8, 2019 Filing 1 NOTICE OF REMOVAL by Continental Motors, Inc., Continental Motors Services, Inc. with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Raleigh County. Filing Fee $400.00. Receipt #AWVSDC-7310769. (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 Civil Cover Sheet) (btm)

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Plaintiff: Martin E. O'Boyle
Represented By: Robert J. Frank
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Plaintiff: CP #1109, LLC
Represented By: Robert J. Frank
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Defendant: Continental Motors, Inc.
Represented By: Robert C. James
Represented By: Mitchell B. Tuggle
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Defendant: Continental Motors Services, Inc.
Represented By: Robert C. James
Represented By: Mitchell B. Tuggle
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