Kincaid et al v. Marfork Coal Company, LLC et al
| Andrew Kincaid and Tammy Kincaid |
| Marfork Coal Company, LLC and Maxxim Shared Services, LLC |
| 5:2023cv00160 |
| February 23, 2023 |
| US District Court for the Southern District of West Virginia |
| Frank W Volk |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
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Filing 8
ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS directing that this case is stayed and retired to the inactive docket until such time as the Court is informed that any issues with respect to Plaintiff's whole person impairment rating have been resolved; once the stay is lifted, Plaintiffs shall have 10 days from the date of the Order lifting the stay to file a Response to any outstanding matter set forth in Defendants' pending #5 Motion to Dismiss, and Defendants shall have 7 days following the filing of Plaintiffs' Response to file a Reply; the parties shall contact the Court every 6 weeks from the date of entry of this order to provide the Court with status updates regarding Plaintiff's workers' compensation claim and whole person impairment rating. Signed by Judge Frank W. Volk on 4/17/2023. (cc: counsel of record) (btm)
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| Filing 7 JOINT MOTION by Andrew Kincaid, Tammy Kincaid, Marfork Coal Company, LLC, Maxxim Shared Services, LLC to Stay Proceedings (Attachment: #1 Proposed Order)(Stewart, J.) (Modified on 4/14/2023 to add party filers) (mk). |
| Filing 6 MEMORANDUM OF LAW by Marfork Coal Company, LLC, Maxxim Shared Services, LLC in support of #5 MOTION by Marfork Coal Company, LLC, Maxxim Shared Services, LLC to Dismiss With Prejudice re: Complaint attached to #1 Notice of Removal. (McHugh, James) |
| Filing 5 MOTION by Marfork Coal Company, LLC, Maxxim Shared Services, LLC to Dismiss With Prejudice re: Complaint attached to #1 Notice of Removal. (McHugh, James) |
| Filing 4 ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Marfork Coal Company, LLC, Maxxim Shared Services, LLC.(Pence, Christopher) |
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Filing 3
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 3/31/2023. Last day for Rule 26(f) meeting - 4/24/2023. Last day to file Report of Parties Planning Meeting and Scheduling Order Worksheet - 5/1/2023. Telephonic Scheduling Conference at 4:30 PM on 5/22/2023, before the undersigned, unless canceled. Entry of Scheduling Order - 5/25/2023. Last day to serve FR Civ P 26(a)(1) disclosures - 5/30/2023. Signed by Judge Frank W. Volk on 2/27/2023. (cc: counsel of record; any unrepresented parties) (mfo)
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| 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) |
| Filing 1 NOTICE OF REMOVAL by Marfork Coal Company, LLC, Maxxim Shared Services, LLC with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Raleigh County. Filing Fee $402.00. Receipt #AWVSDC-8370780. (Attachments: #1 Exhibits A-E, #2 Civil Cover Sheet) (btm) |
| CASE assigned to Judge Frank W. Volk. (klc) |
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