Thomas v. Brooks Run South Mining, LLC et al
| Irvine Thomas |
| Brooks Run South Mining, LLC, Maxxim Shared Services, LLC and Lexington Coal Company, LLC |
| 5:2019cv00808 |
| November 12, 2019 |
| US District Court for the Southern District of West Virginia |
| Frank W Volk |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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Filing 8
SCHEDULING ORDER directing that this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 2/20/2020. The parties shall serve all discovery requests by 6/11/2020, and complete all depositions by 7/27/2020. Expert Witness List by the party bearing the burden of proof due no later than 5/28/2020, by the party not bearing the burden of proof due no later than 6/29/2020, and to solely contradict or rebut evidence due no later than 7/13/2020. All dispositive motions, except those filed under Rule 12(b), shall be filed and served by 8/17/2020, with responses due by 8/31/2020, and replies due by 9/7/2020. Settlement Meeting to be held no later than 10/19/2020. All motions in limine shall be filed and served by 10/26/2020, with responses due by 11/2/2020. The plaintiff portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 10/21/2020, and the proposed integrated pretrial order due for entry no later than 10/28/2020. A pretrial conference shall be held at 10:00 AM on 11/2/2020, in Beckley. Proposed charges to the jury due by 11/30/2020. A final settlement conference shall be held at 9:00 AM on 12/7/2020, in Beckley. Trial of this action shall be held at 9:00 AM on 12/8/2020, in Beckley, before Judge Frank W. Volk. Signed by Judge Frank W. Volk on 1/6/2020. (cc: attys; any unrepresented party) (btm)
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Filing 7
ORDER Cancelling the Telephonic Scheduling Conference previously scheduled for 1/6/2020. Signed by Judge Frank W. Volk on 1/3/2020. (cc: attys; any unrepresented party) (msa)
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| Filing 6 RULE 26(f) REPORT OF PLANNING MEETING by Brooks Run South Mining, LLC, Maxxim Shared Services, LLC, Irvine Thomas. (Horter, Josef) (Modified on 12/29/2019 to add party filer) (ts). |
| Filing 5 PROPOSED ORDER Partial Dismissal by Brooks Run South Mining, LLC, Maxxim Shared Services, LLC, Lexington Coal Company, LLC, Irvine Thomas (Hammond, Jason) (Modified on 12/17/2019 to add party filers) (ts). |
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Filing 4
ORDER AND NOTICE: The following dates are hereby fixed as the time by or on which certain events must occur: 12/4/2019 - Rule 12(b) Motions. 12/18/2019 - Last day for Rule 26(f) Meeting. 12/30/2019 - Last day to file Report of Parties' Planning Meeting. 1/6/2020 - Telephonic Scheduling Conference at 2:30 PM before Judge Frank W. Volk. 1/10/2020 - Entry of Scheduling Order. 1/20/2020 - Last day to serve Rule 26(a)(1) disclosures. Signed by Judge Frank W. Volk on 11/14/2019. (cc:attys; any unrepresented party) (slr)
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| Filing 3 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Brooks Run South Mining, LLC, Maxxim Shared Services, LLC.(Hammond, Jason) (Modified on 11/14/2019 to add link to #1 notice) (ts). |
| 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) (slr) |
| Filing 1 NOTICE OF REMOVAL by Lexington Coal Company, LLC, Maxxim Shared Services, LLC, and Brooks Run South Mining, LLC with summons, complaint, answer of Lexington Coal Company, LLC, and docket sheet from Circuit Court of Wyoming County. Filing Fee $400.00. Receipt #AWVSDC-7458170. (Attachments: #1 Exhibit 1, #2 Affidavit of C. Andrew Eidson, #3 Civil Cover Sheet) (slr) |
| CASE assigned to Judge Frank W. Volk. (klc) |
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