Greenbrier Hotel Corporation et al v. Goodman-Gable-Gould/Adjusters International
| Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc., Greenbrier Hotel Corporation, Greenbrier Sporting Club Developement Company, Inc. and Greenbrier Sporting Club Development Company, Inc. |
| Goodman-Gable-Gould/Adjusters International |
| 5:2019cv00772 |
| October 23, 2019 |
| US District Court for the Southern District of West Virginia |
| Frank W Volk |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 53
SCHEDULING ORDER: The amendment of any pleading and the joinder of any party shall be completed no later than 2/19/2020. The parties shall serve all discovery requests by 5/18/2020, and complete all depositions by 7/1/2020. Expert Witness List by the party bearing the burden of proof due no later than 5/4/2020, by the party not bearing the burden of proof due no later than 6/1/2020, and to solely contradict or rebut evidence due no later than 6/17/2020. All dispositive motions, except those filed under Rule 12(b), shall be filed and served by 7/21/2020, with responses due by 8/4/2020, and replies due by 8/11/2020. Settlement Meeting to be held no later than 9/21/2020. All motions in limine shall be filed and served by 9/28/2020, with responses due by 10/5/2020. The plaintiff portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 9/25/2020, and the proposed integrated pretrial order due for entry no later than 10/2/2020. A pretrial conference shall be held at 09:00 AM on 10/5/2020, in Beckley. Proposed charges to the jury due by 11/3/2020. A final settlement conference shall be held at 09:00 AM on 11/9/2020, in Beckley. Trial of this action shall be held at 09:00 AM on 11/10/2020, in Beckley, before Judge Frank W. Volk. Signed by Judge Frank W. Volk on 12/19/2019. (cc: attys; any unrepresented party) (msa)
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Filing 52
ORDER directing that Plaintiffs' #27 Rule 57 MOTION for a Speedy Hearing is DENIED, Defendant's #36 Response to Plaintiffs' Rule 57 Motion and MOTION to Stay is DENIED, and Defendant's #38 MOTION to Reconsider Transfer of Case is DENIED. Finally, inasmuch as Plaintiffs sought to renew their #40 MOTION for Entry of a Scheduling Order contemplating expedited resolution under Rule 57, the motion is DENIED AS MOOT. A scheduling order will enter forthwith. Signed by Judge Frank W. Volk on 12/18/2019. (cc: attys; any unrepresented party) (msa)
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Filing 51
ORDER: TAKING UNDER ADVISEMENT Plaintiffs' #27 Rule 57 Motion for a Speedy Hearing, Defendant's #36 Response to Plaintiffs' Rule 57 Motion for a Speedy Hearing and Motion to Stay, and Defendant's #38 Motion to Reconsider Transfer of Case. Signed by Judge Frank W. Volk on 12/6/2019. (cc: counsel of record) (btm)
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Filing 50
MOTION HEARING held by Judge Frank W. Volk on 12/5/2019; Court Reporter: Kathy Swinhart. (kkt)
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Filing 49
ORDER directing that the hearing on Plaintiffs' #27 RULE 57 MOTION for a Speedy Hearing is CONTINUED from 12/3/2019, to 12/5/2019 at 11:00 AM. Signed by Judge Frank W. Volk on 12/2/2019. (cc: attys; any unrepresented party) (btm)
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Filing 48
REPLY by Goodman-Gable-Gould/Adjusters International to #47 Memorandum In Opposition. (Villers, Morgan)
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Filing 47
MEMORANDUM by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. in opposition to #38 MOTION by Goodman-Gable-Gould/Adjusters International to Reconsider #21 MDL Transfer Order (Pence, Christopher)
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Filing 46
ORDER: Directing that the hearing on Plaintiffs' #27 RULE 57 MOTION shall be held on 12/3/2019, at 2:30 PM in Beckley before Judge Frank W. Volk. Signed by Judge Frank W. Volk on 11/25/2019. (cc: attys; any unrepresented party) (msa)
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Filing 45
ORDER: Directing that a Hearing on Plaintiffs' #27 RULE 57 MOTION for a Speedy Hearing be held on 12/2/2019, at 1:30 PM in Beckley before Judge Frank W. Volk. Signed by Judge Frank W. Volk on 11/25/2019. (cc: attys; any unrepresented party) (msa)
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Filing 44
ORDER The hearing on Plaintiffs' #27 Rule 57 Motion for a Speedy Hearing currently scheduled for 11/25/2019 is CONTINUED generally. The Court will reschedule the hearing at a later date. Signed by Judge Frank W. Volk on 11/24/2019. (cc: counsel of record; any unrepresented party) (ts)
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Filing 43
RESPONSE by Goodman-Gable-Gould/Adjusters International in opposition to #40 MOTION by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. for Entry of A Scheduling Order and to Permit Counsel to Appear Telephonically (Villers, Morgan)
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Filing 42
ORDER directing that Plaintiffs' #40 Motion for Entry of a Scheduling Order and to Permit Counsel to Appear Telephonically on 11/25/2019, is GRANTED to the extent that Richard Getty may appear telephonically as requested, and that the residue of the Motion is DENIED WITHOUT PREJUDICE inasmuch as the subject matter thereof will be addressed during the upcoming hearing. Signed by Judge Frank W. Volk on 11/20/2019. (cc: attys; any unrepresented party) (btm)
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Filing 41
REPLY by Goodman-Gable-Gould/Adjusters International to #37 Memorandum In Opposition. (Villers, Morgan)
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Filing 40
MOTION by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. for Entry of A Scheduling Order and to Permit Counsel to Appear Telephonically on 11/25/2019 (Pence, Christopher)
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Filing 39
MEMORANDUM OF LAW by Goodman-Gable-Gould/Adjusters International in support of #38 MOTION by Goodman-Gable-Gould/Adjusters International to Reconsider #21 MDL Transfer Order (Villers, Morgan)
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Filing 38
MOTION by Goodman-Gable-Gould/Adjusters International to Reconsider #21 MDL Transfer Order (Attachment: #1 Exhibit A)(Villers, Morgan)
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Filing 37
MEMORANDUM by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. in opposition to #36 MOTION by Goodman-Gable-Gould/Adjusters International to Stay (Pence, Christopher)
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Filing 36
MOTION by Goodman-Gable-Gould/Adjusters International to Stay and RESPONSE TO #27 RULE 57 MOTION by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. for a Speedy Hearing (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Villers, Morgan)
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Filing 35
STATEMENT OF VISITING ATTORNEY from Matthew W. English on behalf of Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. Local counsel: Christopher D. Pence. Fee $50.00. Receipt # AWVSDC-7459090. (Pence, Christopher)
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Filing 34
NOTICE OF ATTORNEY APPEARANCE by Peter DeMasters on behalf of Goodman-Gable-Gould/Adjusters International. (DeMasters, Peter)
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Filing 33
ORDER directing that the Hearing on the #27 RULE 57 MOTION by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., and The Greenbrier Sporting Club, Inc. for a Speedy Hearing is CONTINUED to 11/25/2019 at 10:00 AM in Beckley before Judge Frank W. Volk. Signed by Judge Frank W. Volk on 11/12/2019. (cc: attys; any unrepresented party) (slr)
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Filing 32
MOTION by Goodman-Gable-Gould/Adjusters International to Dismiss Pursuant to Rule 12(B)(3) and 28 U.S.C. Section 1406, or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404. (ORIGINALLY FILED ON 9/20/2019 AS DOCUMENT NO. 8 IN CASE NO. 5:19-cv-00795) (slr)
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Filing 31
MOTION by Goodman-Gable-Gould/Adjusters International to Dismiss Pursuant to Rule 12(B)(3) and 28 U.S.C. Section 1406, or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404. (ORIGINALLY FILED ON 9/20/2019 AS DOCUMENT NO. 5 IN CASE NO. 5:19-cv-00795) (slr)
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Filing 30
ORDER directing that Civil Action No. 5:19-cv-00772 and Civil Action No. 5:19-cv-00795 be consolidated; designating 5:19-cv-00772 as the lead case and directing that the matter proceed under that styling. Signed by Judge Frank W. Volk on 11/12/2019. (cc: attys; any unrepresented party) (slr)
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THIS CASE HAS BEEN CONSOLIDATED WITH CIVIL ACTION NO. 5:19-CV-00795 AS OF 11/12/2019. ALL FURTHER ENTRIES SHALL BE DOCKETED HEREIN. (slr)
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Filing 29
STATEMENT OF VISITING ATTORNEY by Aaron B. Houchens on behalf of Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. Local counsel: Christopher D. Pence. Fee $50.00. Receipt # AWVSDC-7446312. (Pence, Christopher)
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Filing 28
ORDER setting a hearing on Plaintiffs' #27 Rule 57 Motion for a Speedy Hearing for 11/18/2019 at 10:00 AM in Charleston. Signed by Judge Frank W. Volk on 11/6/2019. (cc: attys; any unrepresented party) (btm)
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Filing 27
RULE 57 MOTION by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. for a Speedy Hearing (Pence, Christopher)
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Filing 26
STATEMENT OF VISITING ATTORNEY from Danielle Harlan on behalf of Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. Local counsel: Christopher D. Pence. Fee $50.00. Receipt # AWVSDC-7442692. (Pence, Christopher) (Modified on 11/7/2019 to add party filers)(ts).
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Filing 25
STATEMENT OF VISITING ATTORNEY of Richard A. Getty on behalf of Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. Local counsel: Christopher D. Pence. Fee $50.00. Receipt # AWVSDC-7434537. (Pence, Christopher)
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Filing 24
NOTICE OF APPEARANCE by Christopher D. Pence on behalf of Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. (Pence, Christopher)
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CASE assigned to Judge Frank W. Volk. (klc)
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Filing 23
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) (slr)
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Filing 22
CASE TRANSFERRED IN from the Virginia Eastern; Case Number 3:19-cv-00623. Original file certified copy of transfer order and docket sheet received.
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Filing 21
MEMORANDUM ORDER Transferring Case. In the interests of justice and for the convenience of the parties and any witnesses, the Court TRANSFERS this matter to the Southern District of West Virginia pursuant to 28 U.S.C. 1406(a). See Order for details. It is so ORDERED. Signed by Senior United States District Judge Henry E. Hudson on 10/23/2019. (sbea, ) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 20
ORDER GRANTING #18 Motion by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc. and The Greenbrier Sporting Club, Inc. for the Admission of Danielle Harlan, Esquire Pro Hac Vice. Signed by District Judge Henry E. Hudson on 10/16/2019. (walk, ) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 19
ORDER GRANTING #17 Motion by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc. and The Greenbrier Sporting Club, Inc. for the Admission of Richard A, Getty, Esquire Pro Hac Vice. Signed by District Judge Henry E. Hudson on 10/16/2019. (walk, ) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 18
MOTION to appear Pro Hac Vice by Danielle Harlan and Certification of Local Counsel Aaron B. Houchens Filing fee $ 75, receipt number 0422-6885324. by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. (Attachments: #1 Proposed Order Pro Hac Vice Application)(Houchens, Aaron) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 17
MOTION to appear Pro Hac Vice by Richard Getty and Certification of Local Counsel Aaron B. Houchens Filing fee $ 75, receipt number 0422-6885320. by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. (Attachments: #1 Proposed Order Pro Hac Vice Application)(Houchens, Aaron) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 16
REPLY to Response to Motion re #8 First MOTION to Dismiss filed by Goodman-Gable-Gould/Adjusters International. (Attachments: #1 Exhibit Exhibit 1)(Robbins, C.) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 15
RESPONSE in Opposition re: #8 MOTION to Dismiss or, in the Alternative, to Transfer Venue filed by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. (Houchens, Aaron). Modified docket entry on 10/10/2019. (walk, ). [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 14
FINANCIAL INTEREST DISCLOSURE STATEMENT (Local Rule 7.1) by Oakhurst Club LLC. (Houchens, Aaron) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 13
FINANCIAL INTEREST DISCLOSURE STATEMENT (Local Rule 7.1) by Old White Charities, Inc. (Houchens, Aaron) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 12
FINANCIAL INTEREST DISCLOSURE STATEMENT (Local Rule 7.1) by The Greenbrier Sporting Club, Inc. (Houchens, Aaron) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 11
FINANCIAL INTEREST DISCLOSURE STATEMENT (Local Rule 7.1) by Greenbrier Sporting Club Development Company, Inc. (Houchens, Aaron) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 10
FINANCIAL INTEREST DISCLOSURE STATEMENT (Local Rule 7.1) by Greenbrier Hotel Corporation. (Houchens, Aaron) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 9
MEMORANDUM in Support re: #8 MOTION to Dismiss Pursuant to Rule 12(B)(3) and 28 U.S.C. 1406 or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 1404 filed by Goodman-Gable-Gould/Adjusters International. (Robbins, C.). Modified docket entry on 09/23/2019. (walk, ). [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 8
MOTION to Dismiss Pursuant to Rule 12(B)(3) and 28 U.S.C. 1406 or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 1404 by Goodman-Gable-Gould/Adjusters International. b(Robbins, C.) Modified docket entry on 09/23/2019. (walk, ).[Transferred from Virginia Eastern on 10/23/2019.]
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Filing 7
FINANCIAL INTEREST DISCLOSURE STATEMENT by Goodman-Gable-Gould/Adjusters International. (Robbins, C.). Corrected docket entry on 09/23/2019 and regenerated NEF. (walk, ). [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 6
MEMORANDUM in Support of #5 First MOTION to Dismiss filed by Goodman-Gable-Gould/Adjusters International. (Robbins, C.) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 5
MOTION to Dismiss Pursuant to Rule 12(B)(3) and 28 U.S.C. 1406 or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 1404 by Goodman-Gable-Gould/Adjusters International. (Robbins, C.). Modified docket entry on 09/23/2019. (walk, ).[Transferred from Virginia Eastern on 10/23/2019.]
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Filing 4
AFFIDAVIT of Service for Complaint with Exhibits and other filings served on C. Thomas Brown on September 3, 2019, filed by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. (Houchens, Aaron) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 3
SUMMONS ISSUED as to Goodman-Gable-Gould/Adjusters International. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for the Defendant. Please serve one copy of the summons and a copy of the Complaint upon the Defendant. Please ask your process server to return the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (walk, ) [Transferred from Virginia Eastern on 10/23/2019.]
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[PLEASE DISREGARD] Notice of Correction re: Document #2 ; the filing user is notified that the document only includes one proposed summons instead of five proposed summonses. (walk, ). NEF regenerated on 08/28/2019. (walk, ). [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 2
PROPOSED SUMMONS by Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., Oakhurst Club LLC, Old White Charities, Inc., The Greenbrier Sporting Club, Inc. (Houchens, Aaron)[Transferred from Virginia Eastern on 10/23/2019.]
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Initial Case Assignment to District Judge Henry E. Hudson. (walk, ) [Transferred from Virginia Eastern on 10/23/2019.]
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Notice to Counsel for Plaintiffs: The filing user is requested to submit proposed summonses using the filing event, Proposed Summons or, to notify the Clerk's Office by letter using the filing event, Letter, if Waivers of Service of Summons will be mailed to the Defendants. The filing user is further requested to include all of the proposed summonses in one filing instead of 5 separate filings. Plaintiff may contact the Clerks Office if further assistance is needed. (walk, ) [Transferred from Virginia Eastern on 10/23/2019.]
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Filing 1
COMPLAINT for Declaratory and Other Relief filed by Old White Charities, Inc., Greenbrier Hotel Corporation, Greenbrier Sporting Club Development Company, Inc., The Greenbrier Sporting Club, Inc. and Oakhurst Club LLC against Goodman-Gable-Gould/Adjusters International. (Filing Fee Paid: $400.00, Receipt Number: 0422-6804842). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C and #4 Civil Cover Sheet). (Houchens, Aaron). Modified docket entry on 08/26/2019. (walk, ).[Transferred from Virginia Eastern on 10/23/2019.]
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