Stepp v. Brooks Run South Mining, LLC et al
| Elmer Stepp |
| Brooks Run South Mining, LLC and Chuck Steele |
| 5:2020cv00055 |
| January 24, 2020 |
| 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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This docket was last retrieved on March 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 15 AMENDED SCHEDULING DATES IN LIGHT OF GENERAL ORDER #3 directing the following deadlines have been extended: Entry of Scheduling Order to 06/01/20. Rule 26(a)(1) Disclosures to 06/08/20. Joinder of Parties to 06/24/20. Expert Witness List by party bearing proof to 09/21/20. Discovery Request to 10/05/20. Expert Witness List by party not bearing burden of proof to 10/18/20. Expert Witness List to contradict or rebut evidence to 11/02/20. Discovery to 11/16/20. Dispositive Motions to 12/07/20. Dispositive Motions Response to 12/21/20. Dispositive Motions Reply to 12/28/20. Settlement Meeting to 02/08/21. Plaintiffs Proposed Integrated Pretrial Order to 02/12/21. Responses to Motions in limine to 02/15/21. Defendants Pretrial Order to 02/19/21. Responses to Motions in limine to 02/22/21. Pretrial Conference to 03/05/21 at 03:00 PM. Proposed Charges to the Jury to 03/22/21. Final Settlement Conference to 03/26/21 at 09:00 AM. Trial to 03/29/21 at 09:00 AM. (cc: attys; any unrepresented party) (mwk) |
Filing 14
ORDER: Directing that the telephonic scheduling conference is CANCELLED; that this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 4/25/2020. The parties shall serve all discovery requests by 8/3/2020, Expert Witness List by the party bearing the burden of proof due no later than 7/20/2020, by the party not bearing the burden of proof due no later than 8/18/2020, and to solely contradict or rebut evidence due no later than 9/3/2020. Discovery to close 9/17/2020. All dispositive motions, except those filed under Rule 12(b), shall be filed and served by 10/7/2020, with responses due by 10/21/2020, and replies due by 10/28/2020. Settlement Meeting to be held no later than 12/8/2020. All motions in limine shall be filed and served by 12/15/2020, with responses due by 12/22/2020. The plaintiff portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 12/14/2020, and the proposed integrated pretrial order due for entry no later than 12/21/2020. A pretrial conference shall be held at 3:00 PM on 1/4/2021, in Beckley. Proposed charges to the jury due by 1/19/2021. A final settlement conference shall be held at 9:00 AM on 1/25/2021, in Beckley. Trial of this action shall be held at 9:00 AM on 1/26/2021, in Beckley, before Judge Frank W. Volk. Signed by Judge Frank W. Volk on 3/18/2020. (cc: attys; any unrepresented party) (msa)
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Filing 13
MEMORANDUM OPINION AND ORDER directing that Plaintiff's #6 MOTION to Remand is DENIED and Defendant's #11 MOTION for Leave to File Surreply is DENIED as moot. Signed by Judge Frank W. Volk on 3/12/2020. (cc: attys; any unrepresented party) (btm)
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| Filing 12 RULE 26(f) REPORT OF PLANNING MEETING by Brooks Run South Mining, LLC, Elmer Stepp, Chuck Steele. (Attachment: #1 Worksheet Report Parties Planning Meeting)(Perry, Matthew) (Modified on 3/12/2020 to add party filer) (ts). |
| Filing 11 MOTION by Brooks Run South Mining, LLC for Leave to File Surreply with proposed document attached (Attachment: #1 Surreply)(Perry, Matthew) |
| Filing 10 REPLY by Elmer Stepp to #9 Response In Opposition. (Carter, D.) |
| Filing 9 RESPONSE by Brooks Run South Mining, LLC in opposition to #6 MOTION by Elmer Stepp to Remand Case to Circuit Court of Wyoming County and for Fees and Costs (Perry, Matthew) |
| Filing 8 CONSENT FOR REMOVAL by Chuck Steele (Perry, Matthew) (Modified on 2/21/2020 to correct party filer) (ts). |
| Filing 7 MEMORANDUM OF LAW by Elmer Stepp in support of #6 MOTION by Elmer Stepp to Remand Case to Circuit Court of Wyoming County and for Fees and Costs (Carter, D.) |
| Filing 6 MOTION by Elmer Stepp to Remand Case to Circuit Court of Wyoming County and for Fees and Costs (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Carter, D.). (Modified on 2/10/2020 to add motion for attorney fees event) (ts). |
| Filing 5 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Chuck Steele.(Perry, Matthew) (Modified on 2/10/2020 to add link to #1 notice of removal) (ts). |
| Filing 4 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Brooks Run South Mining, LLC.(Lansden, Jill) |
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Filing 3
ORDER AND NOTICE: The following dates are hereby fixed as the time by or on which certain events must occur: 2/24/2020 - Rule 12(b) Motions. 3/9/2020 - Last day for Rule 26(f) Meeting. 3/16/2020 - Last day to file Report of Parties' Planning Meeting. 3/23/2020 - Telephonic Scheduling Conference at 02:00 PM before Judge Frank W. Volk. 3/30/2020 - Entry of Scheduling Order. 4/6/2020 - Last day to serve Rule 26(a)(1) disclosures. Signed by Judge Frank W. Volk on 1/28/2020. (cc:attys; any unrepresented party) (msa)
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| CASE assigned to Judge Frank W. Volk. (klc) |
| 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) (btm) |
| Filing 1 NOTICE OF REMOVAL by Brooks Run South Mining, LLC with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Wyoming County. Filing Fee $400.00. Receipt #AWVSDC-7522589. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet) (btm) |
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