Cox et al v. First Community Bank
Plaintiff: Tracy Cox and Dennis Cox
Defendant: First Community Bank
Case Number: 5:2023cv00392
Filed: May 17, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Frank W Volk
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 12, 2023 Opinion or Order Filing 41 ORDER upon telephonic status conference held 6/1/2023; directing that this case shall proceed as follows: Last date to serve discovery requests - 1/9/2024. Opening Rule 26 expert disclosures - 12/26/2023. Responsive Rule 26 expert disclosures - 1/24/2024. Rebuttal Rule 26 expert disclosure - 2/9/2024. Discovery to close - 2/23/2024. Dispositive motions deadline - 3/14/2024. Response to dispositive motion - 3/28/2024. Reply to response to dispositive motion - 4/4/2024. Settlement Meeting - 5/15/2024. Motion in limine deadline - 5/22/2024. Responses for motions in limine deadline - 5/29/2024. Proposed pretrial order to defendant - 5/20/2024. Integrated pretrial order - 5/27/2024. Pretrial Conference on 6/7/2024 at 10:30 AM. Proposed jury charge - 6/26/2024. Final settlement conference on 7/5/2024 at 10:00 AM. Civil Jury Trial on 7/9/2024 at 9:00 AM. All proceedings shall be held by the court at the Robert C. Byrd United States Courthouse, Beckley, West Virginia. Signed by Judge Frank W. Volk on 6/12/2023. (cc: counsel of record; any unrepresented parties) (btm)
June 1, 2023 Filing 40 TELEPHONE CONFERENCE held by Judge Frank W. Volk on 6/1/2023; Court Reporter: Ayme Cochran. (sbw)
May 25, 2023 Filing 39 STATEMENT OF VISITING ATTORNEY from Martin F. Schubert on behalf of Dennis Cox, Tracy Cox. Local counsel: Rodney A. Smith. Fee $50.00. Receipt # AWVSDC-8431136. (Attachment: #1 Certificate of Good Standing)(Smith, Rodney) (Modified text on 5/25/2023 to add visiting attorney's name) (mk).
May 23, 2023 Opinion or Order Filing 38 ORDER scheduling a telephonic status conference for 6/1/2023 at 10:00 AM. Signed by Judge Frank W. Volk on 5/23/2023. (cc: counsel of record; any unrepresented parties) (btm)
May 19, 2023 Filing 37 CLERK'S ORDER. For reasons appearing to the court, the referral of this civil action to Magistrate Omar J. Aboulhosn is withdrawn and this civil action will be referred to Magistrate Judge Dwane L. Tinsley for discovery disputes. Signed by Clerk of Court Rory L. Perry II on 5/19/2023. (cc: Magistrate Judge Aboulhosn; Magistrate Judge Tinsley; counsel of record; any unrepresented party) (klc)
May 18, 2023 Filing 36 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Michael R. Proctor updating name and/or firm information on behalf of First Community Bank. (Proctor, Michael)
May 17, 2023 CASE assigned to Judge Frank W. Volk. (klc)
May 17, 2023 Filing 35 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) (ts) (Modified on 5/22/2023 to note case reassigned to Magistrate Judge Tinsley per Order #37) (ts).
May 17, 2023 Filing 34 CASE TRANSFERRED IN from the West Virginia Northern; Case Number 5:22-cv-00170. Original file certified copy of transfer order and docket sheet received. (ts).
May 17, 2023 Opinion or Order Filing 33 ORDER granting #20 Motion to Transfer Case. Signed by District Judge John Preston Bailey on 5/17/2023. (ag) [Transferred from West Virginia Northern on 5/17/2023.]
May 17, 2023 Case transferred to Southern District of West Virginia. Entire Case file electronically transmitted. (ag) [Transferred from West Virginia Northern on 5/17/2023.]
May 15, 2023 Filing 32 VERIFICATION OF ATTORNEY ADMISSION to Floyd E. Boone, Jr. (ag) [Transferred from West Virginia Northern on 5/17/2023.]
May 12, 2023 Filing 31 REPLY to Response to Motion re #20 MOTION to Transfer Case filed by First Community Bank. (Attachments: #1 Exhibit WV Summary of Deposits, #2 Exhibit VA Summary of Deposits)(Proctor, Michael) [Transferred from West Virginia Northern on 5/17/2023.]
May 5, 2023 Filing 30 RESPONSE in Opposition re #20 MOTION to Transfer Case filed by Dennis Cox, Tracy Cox. (Smith, Rodney) [Transferred from West Virginia Northern on 5/17/2023.]
April 25, 2023 Opinion or Order Filing 29 ORDER GRANTING PLAINTIFFS' SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO TRANSFER VENUE. Responses due by 5/5/2023. Signed by District Judge John Preston Bailey on 4/25/2023. (ag) [Transferred from West Virginia Northern on 5/17/2023.]
April 25, 2023 Filing 28 Second MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Transfer Case by Dennis Cox, Tracy Cox. (Attachments: #1 Proposed Order Granting Plaintiffs' Second Mot. for Ext. of Time to Respond to Def.'s Mot. to Transfer Venue)(Smith, Rodney) [Transferred from West Virginia Northern on 5/17/2023.]
April 25, 2023 Filing 27 CERTIFICATE OF SERVICE by First Community Bank Responses to Plaintiff's Second Set of Requests for Production of Documents. (Proctor, Michael) [Transferred from West Virginia Northern on 5/17/2023.]
April 25, 2023 Filing 26 CERTIFICATE OF SERVICE by First Community Bank Response to Plaintiff's Second Set of Interrogatories. (Proctor, Michael) [Transferred from West Virginia Northern on 5/17/2023.]
April 19, 2023 Opinion or Order Filing 25 PROTECTIVE ORDER. Signed by District Judge John Preston Bailey on 4/19/2023. (ag) [Transferred from West Virginia Northern on 5/17/2023.]
April 19, 2023 Filing 24 MOTION for Protective Order by First Community Bank. (Attachments: #1 Proposed Order)(Proctor, Michael) [Transferred from West Virginia Northern on 5/17/2023.]
March 17, 2023 Opinion or Order Filing 23 ORDER granting #22 Motion for Extension of Time to File Response as to #20 MOTION to Transfer Case. Response due by 4/28/2023. Signed by District Judge John Preston Bailey on 3/17/2023. (ag) [Transferred from West Virginia Northern on 5/17/2023.]
March 17, 2023 Filing 22 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Transfer Case by Dennis Cox, Tracy Cox. (Attachments: #1 Proposed Order Order Granting Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Transfer Venue)(Smith, Rodney) [Transferred from West Virginia Northern on 5/17/2023.]
March 10, 2023 Filing 21 MEMORANDUM by First Community Bank re #20 MOTION to Transfer Case . (Attachments: #1 Affidavit)(Proctor, Michael) [Transferred from West Virginia Northern on 5/17/2023.]
March 10, 2023 Filing 20 MOTION to Transfer Case by First Community Bank. (Proctor, Michael) [Transferred from West Virginia Northern on 5/17/2023.]
February 24, 2023 Filing 19 CERTIFICATE OF SERVICE by First Community Bank of Rule 26(a)(1)(A) Disclosures. (Proctor, Michael) [Transferred from West Virginia Northern on 5/17/2023.]
February 14, 2023 Opinion or Order Filing 18 SCHEDULING ORDER: Joinder & Amendments due by 7/1/2023; Discovery due by 2/23/2024; Motions due by 3/22/2024; Responses due by 4/12/2024; Replies due by 4/22/2024; Joint Pretrial Order due by 5/17/2024; Final Pretrial Conference set for 6/10/2024 2:00 PM in Wheeling, WV; Jury Selection/Jury Trial set for 6/18/2024 9:00 AM in Wheeling, WV. Signed by District Judge John Preston Bailey on 2/14/2023. (ag) [Transferred from West Virginia Northern on 5/17/2023.]
February 13, 2023 Filing 17 REPORT of Rule 26(f) Planning Meeting. (Smith, Rodney) [Transferred from West Virginia Northern on 5/17/2023.]
September 13, 2022 Filing 16 Corporate Disclosure Statement by First Community Bank identifying Corporate Parent First Community Bancshares, Inc. for First Community Bank.. (Proctor, Michael) [Transferred from West Virginia Northern on 5/17/2023.]
September 13, 2022 Filing 15 ANSWER to #1 Complaint, by First Community Bank.(Proctor, Michael) [Transferred from West Virginia Northern on 5/17/2023.]
August 17, 2022 Filing 14 STIPULATION re #1 Complaint, for Extension of Time by First Community Bank. (Proctor, Michael) [Transferred from West Virginia Northern on 5/17/2023.]
July 27, 2022 Opinion or Order Filing 13 ORDER granting #10 Motion for Leave to Appear Pro Hac Vice by Christopher Jennings. Signed by District Judge John Preston Bailey on 7/27/2022. (ag) [Transferred from West Virginia Northern on 5/17/2023.]
July 27, 2022 Opinion or Order Filing 12 ORDER granting #7 Motion for Leave to Appear Pro Hac Vice by Gerard Stranch. Signed by District Judge John Preston Bailey on 7/27/2022. (ag) [Transferred from West Virginia Northern on 5/17/2023.]
July 27, 2022 Filing 11 PHV Filing fee for Gerard Stranch and Christopher Jennings: $ 400.00, receipt number WVNW003024. (ag) [Transferred from West Virginia Northern on 5/17/2023.]
July 27, 2022 Filing 10 First MOTION for Leave to Appear Pro Hac Vice Christopher Jennings by Dennis Cox, Tracy Cox. (Attachments: #1 Attachment Verified Statement - Christopher Jennings, #2 Proposed Order Proposed Order Granting PHV - Christopher Jennings)(Smith, Rodney) [Transferred from West Virginia Northern on 5/17/2023.]
July 25, 2022 Filing 9 SUMMONS Returned Executed as to First Community Bank served on 7/21/2022. (nmm) [Transferred from West Virginia Northern on 5/17/2023.]
July 25, 2022 Opinion or Order Filing 8 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice for Lynn A. Toops. Signed by District Judge John Preston Bailey on 7/25/2022. (nmm) [Transferred from West Virginia Northern on 5/17/2023.]
July 19, 2022 Filing 7 First MOTION for Leave to Appear Pro Hac Vice Gerard Stranch by Dennis Cox, Tracy Cox. (Attachments: #1 Attachment Verified Statement, #2 Proposed Order Order Granting Pro Hac Admission of Gerard Stranch)(Smith, Rodney) [Transferred from West Virginia Northern on 5/17/2023.]
July 19, 2022 Filing 6 Pro Hac Vice Filing fee for Lynn A. Toops: $ 200.00, receipt number WVNC003476 (nmm) [Transferred from West Virginia Northern on 5/17/2023.]
July 18, 2022 Filing 5 First MOTION for Leave to Appear Pro Hac Vice Lynn A. Toops by Dennis Cox, Tracy Cox. (Attachments: #1 Exhibit A)(Smith, Rodney) [Transferred from West Virginia Northern on 5/17/2023.]
July 8, 2022 Filing 4 WAIVER OF THE SERVICE OF SUMMONS (provided by counsel - BLANK). (nmm) [Transferred from West Virginia Northern on 5/17/2023.]
July 8, 2022 Filing 2 VERIFICATION OF ATTORNEY ADMISSION to J. Gerard Stranch, IV, Lynn A. Toops and Christopher D. Jennings (nmm) [Transferred from West Virginia Northern on 5/17/2023.]
June 24, 2022 Filing 1 CLASS ACTION COMPLAINT against First Community Bank, filed by Dennis Cox, Tracy Cox. Filing Fee $402 Receipt #AWVNDC-3504384. (Attachments: #1 Exhibit A - Terms and Conditions of Your Account, #2 Exhibit B - Overdraft Policy, #3 Exhibit C - Fee Schedule, #4 Civil Cover Sheet)(nmm) Modified docket text to include "class action" on 7/8/2022 (nmm). [Transferred from West Virginia Northern on 5/17/2023.]

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Plaintiff: Tracy Cox
Represented By: Rodney Arthur Smith
Represented By: Martin F. Schubert
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Plaintiff: Dennis Cox
Represented By: Rodney Arthur Smith
Represented By: Martin F. Schubert
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Defendant: First Community Bank
Represented By: Floyd E. Boone, Jr.
Represented By: Michael R. Proctor
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