Gibson v. Goldston et al
Plaintiff: Matthew Gibson
Defendant: Louise E. Goldston, County Commission of Raleigh County, Kyle Lusk, Brian White, Jeff McPeake and Bobby Stump
Case Number: 5:2021cv00181
Filed: March 22, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Frank W Volk
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2021 Opinion or Order NOTICE OF DOCKET CORRECTION re: #18 Reply by County Commission of Raleigh County, Jeff McPeake, Bobby Stump, Brian White to #16 Response In Opposition. ERROR: Document did not contain signature. CORRECTION: Obtained signature and replaced image. (mk)
May 10, 2021 Opinion or Order Filing 20 REPLY by Kyle Lusk to #17 Response In Opposition. (Spitz, Arie)
May 10, 2021 Opinion or Order Filing 19 REPLY Memorandum by Louise E. Goldston to #15 Response In Opposition. (Tully, Jennifer)
May 10, 2021 Opinion or Order Filing 18 REPLY by County Commission of Raleigh County, Jeff McPeake, Bobby Stump, Brian White to #16 Response In Opposition. (Robinson, Kevin) (Modified on 5/11/2021 to replace image; no signature) (mk)
May 3, 2021 Opinion or Order Filing 17 RESPONSE by Matthew Gibson in opposition to #13 MOTION by Kyle Lusk to Dismiss With Prejudice. (Bryan, John)
May 3, 2021 Opinion or Order Filing 16 RESPONSE by Matthew Gibson in opposition to #11 MOTION by County Commission of Raleigh County, Jeff McPeake, Bobby Stump, Brian White to Dismiss With Prejudice. (Bryan, John) (Modified on 5/4/2021 to remove second event response in support) (mk).
May 3, 2021 Opinion or Order Filing 15 RESPONSE by Matthew Gibson in opposition to #9 MOTION by Louise E. Goldston to Dismiss With Prejudice re: #1 Complaint. (Bryan, John)
April 19, 2021 Opinion or Order Filing 14 MEMORANDUM OF LAW by Kyle Lusk in support of #13 MOTION by Kyle Lusk to Dismiss With Prejudice. (Spitz, Arie)
April 19, 2021 Opinion or Order Filing 13 MOTION by Kyle Lusk to Dismiss With Prejudice. (Attachments: #1 Exhibit A, #2 Exhibit B)(Spitz, Arie)
April 19, 2021 Opinion or Order Filing 12 MEMORANDUM OF LAW by County Commission of Raleigh County, Jeff McPeake, Brian White, Bobby Stump in support of #11 MOTION by County Commission of Raleigh County, Jeff McPeake, Bobby Stump, Brian White to Dismiss With Prejudice. (Robinson, Kevin) (Modified on 4/19/2021 to add party filer)(mk).
April 19, 2021 Opinion or Order Filing 11 MOTION by County Commission of Raleigh County, Jeff McPeake, Bobby Stump, Brian White to Dismiss With Prejudice re: #1 Complaint. (Attachment: #1 Exhibit A) (Robinson, Kevin) (Modified on 4/19/2021 to add link to #1 Complaint) (mk).
April 19, 2021 Opinion or Order Filing 10 MEMORANDUM by Louise E. Goldston in support of #9 MOTION by Louise E. Goldston to Dismiss With Prejudice re: #1 Complaint. (Tully, Jennifer)
April 19, 2021 Opinion or Order Filing 9 MOTION by Louise E. Goldston to Dismiss With Prejudice re: #1 Complaint. (Tully, Jennifer) (Modified on 4/19/2021 to remove Exhibit A-Memorandum in Support of Motion. Memorandum in Support filed as stand-alone document; see next entry) (mk).
April 19, 2021 Opinion or Order NOTICE OF DOCKET CORRECTION re: #9 Motion by Louise E. Goldston to Dismiss With Prejudice re: #1 Complaint. ERROR: Memorandum in Support of Motion filed as an attachment. CORRECTION: Removed Memorandum in Support as it is also filed as stand-alone document; see next entry #10. (mk)
April 16, 2021 Opinion or Order Filing 8 ORDER AND NOTICE. Pursuant to LR Civ P 16.1, it is ORDERED that the following dates are hereby fixed as the time by or on which certain events must occur: Motions under FR Civ P 12(b) - 5/17/2021. Last day for Rule 26(f) meeting - 6/15/2021. Last day to file Report of Parties Planning Meeting and Scheduling Order Worksheet - 6/22/2021. Telephonic Scheduling Conference at 4:00 p.m. on 7/9/2021, before the undersigned, unless canceled. Entry of Scheduling Order - 7/16/2021. Last day to serve FR Civ P 26(a)(1) disclosures - 7/20/2021. Signed by Judge Frank W. Volk on 4/16/2021. (cc: counsel of record; any unrepresented parties) (slr)
April 15, 2021 Opinion or Order Filing 7 NOTICE OF ATTORNEY APPEARANCE by Arie M. Spitz, Kevin A. Nelson and Jason L. Holliday on behalf of Kyle Lusk. (Spitz, Arie)
April 5, 2021 Opinion or Order SET ANSWER DEADLINE for Louise E. Goldston, County Commission of Raleigh County, Jeff McPeake, Brian White, Bobby Stump, Kyle Lusk to 4/19/2021 (mk)
April 5, 2021 Opinion or Order Filing 6 SUMMONS RETURNED EXECUTED by Matthew Gibson for service re: #4 Summons upon Louise E. Goldston, Louise Goldston served on 3/29/2021; County Commission of Raleigh County served on 3/29/2021. Person Served: Carolyn Lilly; Jeff McPeake served on 3/29/2021; Brian White served on 3/29/2021; Bobby Stump served on 3/29/2021; Kyle Lusk served on 3/29/2021. (Attachments: #1 Executed Summons, #2 Executed Summons, #3 Executed Summons, #4 Executed Summons, #5 Executed Summons)(Bryan, John) (Modified on 4/6/2021 to add defendants' names, dates of service and to set answer deadline)(mk).
March 25, 2021 Opinion or Order Filing 5 NOTICE OF ATTORNEY APPEARANCE by J. Victor Flanagan and Kevin J. Robinson on behalf of County Commission of Raleigh County, Jeff McPeake, Bobby Stump, Brian White. (Flanagan, J.) (Modified text on 3/25/2021 to include additional attorney) (mk).
March 24, 2021 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to Louise E. Goldston, County Commission of Raleigh County, Jeff McPeake, Bobby Stump, Brian White, Kyle Lusk, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons - Raleigh County Commission, #2 Summons - Jeff McPeake, #3 Summons - Brian White, #4 Summons - Bobby Stump, #5 Summons - Kyle Lusk) (btm)
March 24, 2021 Opinion or Order Filing 3 SUMMONS SUBMITTED by Matthew Gibson for All Defendants, (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Bryan, John)
March 23, 2021 Opinion or Order 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: counsel of record; any unrepresented party) (btm)
March 22, 2021 Opinion or Order Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-7908653. (Attachment: #1 Civil Cover Sheet) (btm)
March 22, 2021 Opinion or Order CASE assigned to Judge Frank W. Volk. (klc)

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Plaintiff: Matthew Gibson
Represented By: John H. Bryan
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Defendant: Louise E. Goldston
Represented By: Jennifer E. Tully
Represented By: Adam K. Strider
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Defendant: County Commission of Raleigh County
Represented By: Kevin J. Robinson
Represented By: J. Victor Flanagan
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Defendant: Kyle Lusk
Represented By: Jason L. Holliday
Represented By: Arie M. Spitz
Represented By: Kevin A. Nelson
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Defendant: Brian White
Represented By: Kevin J. Robinson
Represented By: J. Victor Flanagan
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Defendant: Jeff McPeake
Represented By: Kevin J. Robinson
Represented By: J. Victor Flanagan
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Defendant: Bobby Stump
Represented By: Kevin J. Robinson
Represented By: J. Victor Flanagan
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