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185 |
Filed: 1/26/2010, Entered: None |
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RULE 45 MANDATE re: 178 Notice of Cross Appeal in 4CCA Case No. 09-2283. The judgment of this Court, entered 1/26/2010, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (slr)
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Request |
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184 |
Filed: 1/26/2010, Entered: None |
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ORDER OF 4CCA as to 178 Notice of Cross Appeal, dismissing said Appeal pursuant to FRAP 42(b). (slr)
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Request |
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183 |
Filed: 1/26/2010, Entered: None |
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NOTICE OF DOCKET ACTIVITY in 4CCA Case No. 09-2246, dated January 26, 2010, re: Rule 42(b) mandate issued. (slr)
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Request |
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182 |
Filed: 1/26/2010, Entered: None |
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ORDER OF 4CCA as to 174 Notice of Appeal, dismissing said Appeal pursuant to FRAP 42(b). (slr)
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Request |
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181 |
Filed: 11/16/2009, Entered: None |
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ORDER OF 4CCA as to 174 Notice of Appeal, 178 Notice of Cross Appeal in 4CCA Case No. 09-2246 & 09-2283. The Court consolidates Case No. 09-2246 and 09-2283. The appellants in Case No. 09-2246 shall be considered the appellant for the purposes of the consolidated appeals and shall proceed first at briefing and at oral argument. (mls)
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Request |
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180 |
Filed: 11/13/2009, Entered: None |
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NOTICE OF APPELLATE CASE OPENING BY 4CCA re: 178 Notice of Cross Appeal in 4CCA Case No. 09-2283. Case Manager: Barbara H. Rowe. (slr)
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Request |
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179 |
Filed: 11/12/2009, Entered: None |
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TRANSMITTAL OF NOTICE OF CROSS APPEAL TO 4CCA via NOTICE OF APPELLATE ACTION re: 178 Notice of Cross Appeal. (mls)
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Request |
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178 |
Filed: 11/12/2009, Entered: None |
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NOTICE OF CROSS APPEAL WITH FEE PAID by Kevin Cook, Robin D. Cook as to 171 Judgment Order. Filing Fee $455. Receipt # 0425-1129107. (Russo, David)
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177 |
Filed: 11/9/2009, Entered: None |
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APPEAL TRANSCRIPT FILED of Motions Hearing for dates of August 31, 2009, before Judge Thomas E. Johnston, Court Reporter Teresa Harvey, Telephone number 304-253-2438. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 11/19/2009. Redaction Request due 11/30/2009. Redacted Transcript Deadline set for 12/10/2009. Release of Transcript Restriction set for 2/8/2010. (tlh)
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176 |
Filed: 11/2/2009, Entered: None |
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NOTICE OF APPELLATE CASE OPENING BY 4CCA re: 174 Notice of Appeal, in 4CCA Case No. 09-2246. Case Manager: Barbara H. Rowe. (mls)
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Request |
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175 |
Filed: 10/30/2009, Entered: None |
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TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via NOTICE OF APPELLATE ACTION re: 174 Notice of Appeal. (mls)
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Request |
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174 |
Filed: 10/29/2009, Entered: None |
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NOTICE OF APPEAL WITH FEE PAID by James A. Jones, Jones & Jordan Engineering, Inc., Kevin W. Jordan as to 171 Judgment Order. Filing Fee $455. Receipt # 0425-1120544. (Young, Ralph) (Modified on 10/30/2009 to add link to #171 judgment order) (skh).
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Request |
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173 |
Filed: 10/2/2009, Entered: None |
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ABSTRACT OF JUDGMENT issued by the Clerk on 10/2/2009. (cds)
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Request |
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172 |
Filed: 10/1/2009, Entered: None |
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APPLICATION by Kevin Cook, Robin D. Cook for Abstract of Judgment. (Attachments: # 1 Abstract of Judgment)(Russo, David)
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171 |
Filed: 9/29/2009, Entered: None |
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JUDGMENT ORDER: the Court orders that the Defendants pay Plaintiffs Attorneys' fees and costs of $100,503.70 and that this case be dismissed and stricken from the docket. Signed by Judge Thomas E. Johnston on 9/29/2009. (cc: attys; any unrepresented party) (cds)
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170 |
Filed: 9/29/2009, Entered: None |
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 161 Plaintiff's Petition for Attorney Fees; the Court awards Plaintiffs the sum of $96,040.50 in attorneys' fees plus costs of $4,463.20 for a total of $100,503.70; the other issues in this case having been resolved, this civil action is DISMISSED. Signed by Judge Thomas E. Johnston on 9/29/2009. (cc: attys; any unrepresented party) (cds)
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Request |
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169 |
Filed: 9/8/2009, Entered: None |
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MEMORANDUM OF LAW REGARDING REASONABLENESS OF ATTORNEY FEES IN A CASE UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) by James A. Jones, Jones & Jordan Engineering, Inc., Kevin W. Jordan in Response to the 167 Order (Attachments: # 1 Exhibit 1 Accounting)(Young, Ralph) (Modified text to conform to filed document on 9/9/2009) (skh).
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Request |
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168 |
Filed: 9/8/2009, Entered: None |
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BENCH MEMO RE: PROPORTIONALITY OF ATTORNEY'S FEES by Kevin Cook, Robin D. Cook in Response to the Court's 167 Order. (Russo, David) (Modified text to conform to filed document on 9/9/2009) (skh).
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167 |
Filed: 8/31/2009, Entered: None |
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ORDER: directing parties to file simultaneous briefs by 9/8/2009 on the issue of reasonableness of attorneys' fees in a case under the Employee Retirement Income Security Act re: 161 PETITION by Robin D. Cook and Kevin Cook for Attorney Fees. Signed by Judge Thomas E. Johnston on 8/31/2009. (cc: attys; any unrepresented party) (slr)
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166 |
Filed: 8/31/2009, Entered: None |
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MOTION HEARING held by Judge Thomas E. Johnston on 8/31/2009 re: 161 PETITION by Robin D. Cook, Kevin Cook for Attorney Fees; Court Reporter: Teresa Harvey. (kkt)
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Request |
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165 |
Filed: 8/27/2009, Entered: None |
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REPLY MEMORANDUM by Kevin Cook, Robin D. Cook to 163 Response In Opposition (Attachments: # 1 Exhibits I, K, N, O)(Russo, David) (Modified title of entry to conform to filed document and to remove link to #162 order on 8/28/2009) (skh).
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164 |
Filed: 8/24/2009, Entered: None |
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ORDER: The hearing on Plaintiff's 161 PETITION for Attorney Fees and any remaining issues scheduled for 08/31/2009, is RESCHEDULED for 9:30 a.m. on 08/31/2009. Signed by Judge Thomas E. Johnston on 8/24/2009. (cc: attys; any unrepresented party) (mls)
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163 |
Filed: 8/17/2009, Entered: None |
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RESPONSE by James A. Jones, Jones & Jordan Engineering, Inc., Kevin W. Jordan in opposition of 161 PETITION by Robin D. Cook, Kevin Cook for Attorney Fees (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4)(Young, Ralph) (Modified on 8/17/2009 to remove excessive text) (skh).
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162 |
Filed: 8/5/2009, Entered: None |
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ORDER that a hearing on Plaintiff's 161 PETITION for Attorney Fees and any remaining issues in this case is Scheduled for 8/31/2009 9:00 a.m., in Beckley. Signed by Judge Thomas E. Johnston on 8/5/2009. (cc: attys; any unrepresented party) (cds)
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Request |
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161 |
Filed: 8/3/2009, Entered: None |
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PETITION by Robin D. Cook, Kevin Cook for Attorney Fees (Attachments: # 1 Exhibit(s) A - F, # 2 Exhibit(s) G - L)(Russo, David)
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160 |
Filed: 7/14/2009, Entered: None |
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ORDER: granting 159 MOTION by Robin D. Cook, Kevin Cook, Jones & Jordan Engineering, Inc., James A. Jones, and Kevin W. Jordan to Cancel Trial and Submission of Petition for Attorney Fees, Costs and Expenses; vacating the trial, pretrial conference, and all dates in the Scheduling Order; directing Plaintiffs' counsel to submit a petition for attorney fees, costs, and expenses by 8/3/2009, with a response due by 8/17/2009, and a reply due by 8/27/2009. Signed by Judge Thomas E. Johnston on 7/14/2009. (cc: attys; any unrepresented party) (slr)
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Request |
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159 |
Filed: 7/14/2009, Entered: None |
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AGREED MOTION by Robin D. Cook, Kevin Cook, Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan to Cancel Trial and for Submission of Petition for Attorney Fees, Costs and Expenses (Russo, David) (Modified text to conform to filed document on 7/15/2009) (skh).
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Request |
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158 |
Filed: 7/7/2009, Entered: None |
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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan (Young, Ralph)
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Request |
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157 |
Filed: 5/29/2009, Entered: None |
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AGREEMENT TO MEDIATE by Robin D. Cook, Kevin Cook(Russo, David)
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Request |
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156 |
Filed: 4/7/2009, Entered: None |
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ORDER granting 155 Agreed MOTION to Extend Dispositive Motion Deadline; extending the Dispositive Motion Deadline to 4/27/2009, wtih responses due 5/18/2009 and replies due 5/25/2009. Signed by Judge Thomas E. Johnston on 4/7/2009. (cc: attys; any unrepresented party) (slr)
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Request |
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155 |
Filed: 4/3/2009, Entered: None |
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JOINT MOTION by Robin D. Cook, Kevin Cook, Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan to Extend Time to File Dispositive Motions to April 27, 2009 (Russo, David)
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Request |
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154 |
Filed: 3/24/2009, Entered: None |
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CERTIFICATE OF SERVICE filed by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Defendants' Responses to Plaintiffs' Second Set of Interrogatories (Young, Ralph)
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Request |
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153 |
Filed: 3/24/2009, Entered: None |
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CERTIFICATE OF SERVICE filed by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Defendants' Responses to Plaintiffs' Second Set of Request for Production of Documents (Young, Ralph)
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Request |
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152 |
Filed: 3/11/2009, Entered: None |
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CERTIFICATE OF SERVICE filed by Robin D. Cook, Kevin Cook for Answer of Plaintiffs to Defendant Jones & Jordan Engineering, Inc., James A. Jones, and Kevin W. Jordan's Requests for Production of Documents (Russo, David)
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Request |
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151 |
Filed: 2/25/2009, Entered: None |
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NOTICE TO TAKE DEPOSITION by Robin D. Cook, Kevin Cook of Beth Frye on March 10, 2009 at 10:00 a.m. (Russo, David) (Modified text to conform to filed document 2/25/2009) (skh).
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Request |
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150 |
Filed: 2/24/2009, Entered: None |
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CERTIFICATE OF SERVICE filed by Robin D. Cook, Kevin Cook for Notice of Deposition of Beth Frye (Russo, David)
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Request |
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149 |
Filed: 2/17/2009, Entered: None |
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CERTIFICATE OF SERVICE filed by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Defendants Jones & Jordan Engineering, Inc., James A. Jones and Kevin W. Jordan's Disclosure of Expert Witnesses (Young, Ralph)
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Request |
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148 |
Filed: 2/11/2009, Entered: None |
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CERTIFICATE OF SERVICE filed by Robin D. Cook, Kevin Cook for Plaintiffs' Second Set of Request for Production of Documents to Defendant, Jones & Jordan Engineering, Inc. (Russo, David)
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Request |
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147 |
Filed: 2/11/2009, Entered: None |
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CERTIFICATE OF SERVICE filed by Robin D. Cook, Kevin Cook for Plaintiffs' Second Set of Interrogatories to Defendant, Jones & Jordan Engineering, Inc. (Russo, David)
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Request |
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146 |
Filed: 1/29/2009, Entered: None |
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CERTIFICATE OF SERVICE filed by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Defendants' Request for Production of Documents to Plaintiffs (Young, Ralph) (Modified text to conform to filed document on 1/30/2009) (skh).
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Request |
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145 |
Filed: 1/22/2009, Entered: None |
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ORDER: Directing that the enforcement of Mountain State's Subpoena is no longer required and is QUASHED by virtue of Mountain State's dismissal as a party to this civil action and that Mr. Jordan's 89 MOTION is DENIED as moot. Signed by Magistrate Judge R. Clarke VanDervort on 1/22/2009. (cc: attys; any unrepresented party) (mls)
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Request |
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144 |
Filed: 1/22/2009, Entered: None |
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ORDER: Third-Party Defendant, Highmark West Virginia, Inc., d/b/a Mountain State Blue Cross Blues Shield's 84 Request for Sanctions is GRANTED and counsel for Jones and Jordan is ordered to pay counsel for Mountain State the sum of $490.00 for work performed in connection with the successful Motion to Compel in this case. Signed by Magistrate Judge R. Clarke VanDervort on 1/22/2009. (cc: attys; any unrepresented party) (mls)
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Request |
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143 |
Filed: 1/21/2009, Entered: None |
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PROPOSED PRETRIAL ORDER by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan, Kevin Cook, Robin D. Cook (Young, Ralph) (Modified on 1/21/2009 to add additional filers) (skh).
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Request |
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142 |
Filed: 1/9/2009, Entered: None |
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FIFTH AMENDED SCHEDULING ORDER: For the reasons more fully stated on the record at the 01/09/2009 Pretrial Conference, the schedule in this matter is AMENDED as follows: Proposed Integrated Pretrial Order due by 01/16/2009. Discovery requests to be completed by 1/29/2009, and all depositions by 3/15/2009. Expert Witness List by parties bearing the burden of proof due by 1/30/2009, by party not bearing burden of proof due by 2/20/2009, and to solely contradict or rebut evidence due by 3/6/2009. Dispositive Motions except those filed under Rule 12(b) due by 4/4/2009 with responses due by 4/18/2009 and replies due by 4/27/2009. Settlement Meeting to be held by 6/5/2009. Motions in Limine to be filed by 6/12/2009, with responses due by 6/19/2009; Exhibits due by 07/13/2009 and Objections to Exhibits due by 07/20/2009. Plaintiff's Interrogatories due by 07/13/2009, Defendants due by 07/20/2009 and Objections due 07/23/2009. Stipulation of Facts due by 07/13/2009. Pretrial Conference set for 7/16/2009 09:00 AM. Proposed Findings of Fact and Conclusions of Law due by 7/7/2009. Final Settlement Conference at 09:00 AM on 7/16/2009. Trial set for 7/28/2009 at 9:00AM. Signed by Judge Thomas E. Johnston on 1/9/2009. (cc:attys; any unrepresented party) (mls)
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Request |
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141 |
Filed: 1/9/2009, Entered: None |
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FINAL PRETRIAL CONFERENCE held by Judge Thomas E. Johnston on 1/9/2009; Court Reporter: Teresa Harvey. (kkt)
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Request |
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140 |
Filed: 1/8/2009, Entered: None |
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ORDER: the Pretrial Conference is RESCHEDULED for 1/9/2009 09:30 AM in Beckley before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 1/8/2009. (cc: attys; any unrepresented party) (cds)
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Request |
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139 |
Filed: 1/7/2009, Entered: None |
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JUDGMENT ORDER: granting 99 MOTION for Summary Judgment; granting in part and denying in part Plaintiffs' 106 MOTION for Summary Judgment; dismissing 27 Amended Third-Party Complaint; dismissing Third-Party Defendant, Mountain State Blue Cross & Blue Shield, Inc., as a party to this action. Signed by Judge Thomas E. Johnston on 1/7/2009. (cc: attys; any unrepresented party) (slr)
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138 |
Filed: 1/7/2009, Entered: None |
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MEMORANDUM OPINION AND ORDER: granting 99 MOTION for Summary Judgment; denying 120 MOTION for Leave to File a Sur-reply to Plaintiffs' Motion for Summary Judgment; granting in part and denying in part Plaintiffs' 106 MOTION for Summary Judgment; Plaintiff's Motion for Summary Judgment on Counts 1 through 6 and Count 8 is GRANTED as to liability; Plaintiffs' Motion for Summary Judgment on Count 7 is GRANTED as to liability only to the extent that it applies to Defendants' commingling premium contributions of the Plan, but Plaintiffs' Motion is otherwise DENIED on Count 7; the Motion for Summary Judgment on Counts 9 through 11 and for damages is DENIED; the 27 Amended Third-Party Complaint is DISMISSED and Third-Party Defendant, Mountain State Blue Cross & Blue Shield is DISMISSED as a party. Signed by Judge Thomas E. Johnston on 1/7/2009. (cc: attys; any unrepresented party) (slr)
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Request |
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137 |
Filed: 1/6/2009, Entered: None |
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PROPOSED PRETRIAL ORDER by Robin D. Cook, Kevin Cook, Mountain State Blue Cross & Blue Shield, Inc. (Russo, David) (Modified on 1/7/2009 to add additional filer) (skh).
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Request |
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136 |
Filed: 1/5/2009, Entered: None |
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JOINT STIPULATIONS OF FACT re: 95 Judge Johnston's Scheduling Order by Robin D. Cook, Kevin Cook, Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan, Mountain State Blue Cross & Blue Shield, Inc. (Russo, David) (Modified text to conform to filed document and to add additional filers on 1/6/2009) (skh).
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Request |
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135 |
Filed: 1/5/2009, Entered: None |
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PROPOSED EXHIBITS for Jury Trial by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan. (Young, Ralph) (Modified on 1/6/2009 to remove duplicate filers) (skh).
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Request |
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134 |
Filed: 1/5/2009, Entered: None |
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PROPOSED EXHIBITS for Bench Trial by Mountain State Blue Cross & Blue Shield, Inc.. (Jessee, Russell)
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Request |
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133 |
Filed: 1/5/2009, Entered: None |
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PROPOSED EXHIBITS for Jury Trial by Robin D. Cook, Kevin Cook. (Russo, David)
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Request |
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132 |
Filed: 1/5/2009, Entered: None |
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NOTICE of Plaintiffs' Depositions to be used at Trial by Robin D. Cook, Kevin Cook re: 95 Judge Johnston's Scheduling Order (Russo, David)
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Request |
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131 |
Filed: 1/5/2009, Entered: None |
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NOTICE of Subpoena Duces Tecum on Pioneer Community Bank by Robin D. Cook, Kevin Cook (Russo, David)
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Request |
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130 |
Filed: 1/5/2009, Entered: None |
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NOTICE of Subpoena on Elizabeth Jordan by Robin D. Cook, Kevin Cook (Russo, David)
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Request |
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129 |
Filed: 12/19/2008, Entered: None |
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FOURTH AMENDED SCHEDULING ORDER granting 127 JOINT MOTION to Amend Third Amended Scheduling Order to the extent that the parties request additional time for submitting the Proposed Integrated Pretrial Order and is Denied to the extent that the parties request the deadline to be 12/24/08. The Third Amended Scheduling Order is amended as follows: Plaintiffs portion of proposed Pretrial Order to defendants due by 12/30/2008; Proposed Integrated Pretrial Order due by 1/6/2009. Signed by Judge Thomas E. Johnston on 12/19/2008. (cc: attys; any unrepresented party) (cds) Modified on 12/22/2008 (cds).
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Request |
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128 |
Filed: 12/18/2008, Entered: None |
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RESPONSE by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan in support of 127 JOINT MOTION by Mountain State Blue Cross & Blue Shield, Inc., Kevin Cook, Robin D. Cook to Amend 88 Third Amended Scheduling Order. (Young, Ralph) (Modified on 12/19/2008 to remove duplicate text) (skh).
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Request |
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127 |
Filed: 12/17/2008, Entered: None |
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JOINT MOTION by Mountain State Blue Cross & Blue Shield, Inc., Kevin Cook, Robin D. Cook to Amend 88 Third Amended Scheduling Order (Jessee, Russell) (Modified text to conform to filed document, to add additional filers and to add link to #88 order on 12/18/2008) (Howie, Susan).
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Request |
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126 |
Filed: 12/15/2008, Entered: None |
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MOTION by Mountain State Blue Cross & Blue Shield, Inc. in Limine No. 5 (Benefits Certificate) (Jessee, Russell) (Modified text to conform to filed document on 12/16/2008) (skh).
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Request |
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125 |
Filed: 12/15/2008, Entered: None |
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MOTION by Mountain State Blue Cross & Blue Shield, Inc. in Limine No. 4 (Failure to Reinstate Coverage) (Jessee, Russell) (Modified text to conform to filed document on 12/16/2008) (skh).
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Request |
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124 |
Filed: 12/15/2008, Entered: None |
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MOTION by Mountain State Blue Cross & Blue Shield, Inc. in Limine No. 3 (Plaintiffs' Allegedly Large Claim) (Jessee, Russell) (Modified text to conform to filed document on 12/16/2008) (skh).
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Request |
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123 |
Filed: 12/15/2008, Entered: None |
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MOTION by Mountain State Blue Cross & Blue Shield, Inc. in Limine No. 2 (Hearsay) (Jessee, Russell) (Modified text to conform to filed document on 12/16/2008) (skh).
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Request |
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122 |
Filed: 12/15/2008, Entered: None |
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MOTION by Mountain State Blue Cross & Blue Shield, Inc. in Limine No. 1 (Testimony Regarding Waiver) (Jessee, Russell) (Modified text to conform to filed document on 12/16/2008) (skh).
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Request |
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121 |
Filed: 11/19/2008, Entered: None |
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MEMORANDUM by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan in support of 120 MOTION by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Leave to File a Sur-Reply to Plaintiffs' Motion for Summary Judgment (Young, Ralph) (Modified on 11/20/2008 to remove duplicate text) (skh).
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Request |
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120 |
Filed: 11/19/2008, Entered: None |
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MOTION by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Leave to File a Sur-Reply to Plaintiffs' Motion for Summary Judgment (Young, Ralph) (Modified on 11/20/2008 to remove duplicate text) (skh).
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Request |
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119 |
Filed: 11/18/2008, Entered: None |
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CERTIFICATE OF SERVICE filed by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Rule 26(a)(3) Disclosures by Jones & Jordan Engineering, Inc., James A. Jones and Kevin W. Jordan (Young, Ralph)
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Request |
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118 |
Filed: 11/18/2008, Entered: None |
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CERTIFICATE OF SERVICE by Mountain State Blue Cross & Blue Shield, Inc. for Rule 26(a)(3) Pretrial Disclosures. (Jessee, Russell)
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Request |
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117 |
Filed: 11/17/2008, Entered: None |
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ORDER: rescheduling the Pretrial Conference/Final Settlement Conference for 1/8/2009 at 9:30 AM in Beckley before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 11/17/2008. (cc: attys; any unrepresented party) (slr)
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Request |
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116 |
Filed: 11/13/2008, Entered: None |
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NOTICE of Mediation by Robin D. Cook, Kevin Cook (Russo, David)
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Request |
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115 |
Filed: 11/7/2008, Entered: None |
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REPLY by Robin D. Cook, Kevin Cook to 111 Memorandum In Opposition (Attachments: # 1 Exhibit(s) Exhibit R, # 2 Exhibit(s) Exhibit S)(Russo, David) (Modified title of entry to conform to filed document on 11/9/2008) (skh).
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Request |
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114 |
Filed: 11/6/2008, Entered: None |
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REPLY by Mountain State Blue Cross & Blue Shield, Inc. to 112 Response in Opposition. (Attachments: # 1 Exhibit 1)(Jessee, Russell) (Modified title of entry, added link to #112 response, removed link to #99 motion and added description to attachment on 11/7/2008) (Howie, Susan).
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Request |
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113 |
Filed: 10/29/2008, Entered: None |
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EXHIBIT 1 by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan in support of 110 Response In Opposition. (Young, Ralph) (Modified title of entry to conform to filed document on 10/30/2008) (skh).
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Request |
 |
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112 |
Filed: 10/28/2008, Entered: None |
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RESPONSE by Jones & Jordan Engineering, Inc. in opposition of 99 MOTION by Mountain State Blue Cross & Blue Shield, Inc. for Summary Judgment (Young, Ralph)
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Request |
 |
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111 |
Filed: 10/28/2008, Entered: None |
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MEMORANDUM by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan in opposition to 106 MOTION by Robin D. Cook, Kevin Cook for Summary Judgment (Young, Ralph)
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Request |
 |
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110 |
Filed: 10/28/2008, Entered: None |
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RESPONSE by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan in opposition of 106 MOTION by Robin D. Cook, Kevin Cook for Summary Judgment (Young, Ralph)
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Request |
 |
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109 |
Filed: 10/23/2008, Entered: None |
 |
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ORDER: advising parties that the correct date and time for the Pretrial Conference are as follows: Pretrial Conference set for 1/7/2009 at 10:00 AM in Beckley before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 10/23/2008. (cc: attys; any unrepresented party) (slr)
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Request |
 |
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108 |
Filed: 10/22/2008, Entered: None |
 |
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ORDER: Pretrial Conference set for 12/17/2008, will now be held at 9:30 AM in Beckley before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 10/22/2008. (cc: attys; any unrepresented party) (mls)
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Request |
 |
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107 |
Filed: 10/14/2008, Entered: None |
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MEMORANDUM by Robin D. Cook, Kevin Cook in support of 106 MOTION by Robin D. Cook, Kevin Cook for Summary Judgment. (skh) (Modified on 10/15/2008 to remove and substitute corrected signature page (rap). (Entered: 10/15/2008)
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Request |
 |
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106 |
Filed: 10/14/2008, Entered: None |
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MOTION by Robin D. Cook, Kevin Cook for Summary Judgment (Attachments: # 1 Exhibits A-C, # 2 Exhibits D-J, # 3 Exhibits J (cont'd) and K-M, # 4 Exhibit M (cont'd), # 5 Exhibits M (cont'd) and N-Q)(Russo, David) (Modified on 10/14/2008 to add description to attachments) (skh).
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Request |
 |
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105 |
Filed: 10/14/2008, Entered: None |
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INCORRECT ENTRY; SEE ENTRY #107. (Russo, David) (Modified on 10/15/2008 to remove image and file as entry #107) (skh). Modified on 5/19/2009 (cds).
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Request |
 |
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104 |
Filed: 10/7/2008, Entered: None |
 |
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ORDER granting 101 JOINT MOTION to Extend Only Dispositive Motion Deadline; extending the dispositive motion deadline to 10/14/2008, with responses due 10/28/2008. Signed by Judge Thomas E. Johnston on 10/7/2008. (cc: attys; any unrepresented party) (slr)
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Request |
 |
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103 |
Filed: 10/7/2008, Entered: None |
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CERTIFICATE OF SERVICE filed by Mountain State Blue Cross & Blue Shield, Inc. for Amended COS for Memorandum of Law in Support of Motion for Summary Judgment by Third-Party Defendant Mountain State Blue Cross Blue Shield (Jessee, Russell)
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Request |
 |
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102 |
Filed: 10/7/2008, Entered: None |
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CERTIFICATE OF SERVICE filed by Mountain State Blue Cross & Blue Shield, Inc. for Amended COS for Motion for Summary Judgment by Third-Party Defendant Mountain State Blue Cross Blue Shield (Jessee, Russell)
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Request |
 |
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101 |
Filed: 10/6/2008, Entered: None |
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JOINT MOTION by Robin D. Cook, Kevin Cook, Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan to Extend Only Dispositive Motion Deadline (Russo, David) (Modified text to conform to filed document and to add additional filers on 10/7/2008) (skh).
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Request |
 |
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100 |
Filed: 10/6/2008, Entered: None |
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MEMORANDUM by Mountain State Blue Cross & Blue Shield, Inc. in support of 99 MOTION by Mountain State Blue Cross & Blue Shield, Inc. for Summary Judgment (Jessee, Russell)
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Request |
 |
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99 |
Filed: 10/6/2008, Entered: None |
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MOTION by Mountain State Blue Cross & Blue Shield, Inc. for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibits 3 - 5)(Jessee, Russell)
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Request |
 |
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98 |
Filed: 9/11/2008, Entered: None |
 |
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ORDER: dismissing Thomas W. Hannigan from this action, without prejudice to the Plaintiffs' right to reinstate the action at a later date; directing that the action remain on the Court's docket as to the remaining defendants. Signed by Judge Thomas E. Johnston on 9/9/2008. (cc: attys; any unrepresented party) (slr)
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Request |
 |
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97 |
Filed: 9/8/2008, Entered: None |
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PROPOSED ORDER To Dismiss Defendant Thomas W. Hannigan from this action by Thomas W. Hannigan, Kevin Cook, Robin D. Cook, Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan, Mountain State Blue Cross & Blue Shield, Inc. (Biser, Rita) (Modified on 9/8/2008 to add additional filers) (skh).
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Request |
 |
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96 |
Filed: 9/8/2008, Entered: None |
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|
PROPOSED ORDER Stipulation of Dismissal by Thomas W. Hannigan, Kevin Cook, Robin D. Cook, Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan, Mountain State Blue Cross & Blue Shield, Inc.(Biser, Rita) (Modified text to conform to filed document and to add additional filers on 9/8/2008) (skh).
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Request |
 |
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95 |
Filed: 9/3/2008, Entered: None |
 |
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SUPPLEMENTAL SCHEDULING ORDER: The 88 Third Amdended Scheduling Order previously entered on 08/19/2008, is SUPPLEMENTED as follows: Motions in Limine by 12/15/2008; Responses to Motions in Limine by 12/22/2008; Exhibits due by 1/5/2009; Objections to exhibits due by 1/12/2009; Plaintiff to submit any interrogatories and depositions to be used at trial by 1/5/2009; defendant shall do the same by 1/12/2009; Objections to interrogatories due by 01/15/2009; Stipulation of Facts by 1/5/2009. Signed by Judge Thomas E. Johnston on 9/3/2008. (cc:attys; any unrepresented party) (mls) Modified on 9/4/2008 (cds). Modified on 9/4/2008 (cds).
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Request |
 |
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94 |
Filed: 8/29/2008, Entered: None |
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RESPONSE by Mountain State Blue Cross & Blue Shield, Inc. in opposition of 89 MOTION for Protective Order and MOTION to Quash (Attachments: # 1 Exhibits A and B)(Jessee, Russell) (Modified for clarity of text and to add description to exhibits on 9/1/2008) (skh).
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Request |
 |
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93 |
Filed: 8/28/2008, Entered: None |
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RETURN OF SERVICE ON SUBPOENA for Dennis Jordan. (Jessee, Russell)
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Request |
 |
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92 |
Filed: 8/27/2008, Entered: None |
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SECOND AMENDED NOTICE TO TAKE DEPOSITION by Robin D. Cook, Kevin Cook of Kevin Jordan on September 3, 2008 at 10:00 a.m. (Russo, David) (Modified title of entry to conform to filed document on 8/28/2008) (skh).
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Request |
 |
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91 |
Filed: 8/21/2008, Entered: None |
 |
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ORDER: that Mountain State's Subpoena Duces Tecum issued to Dennis Jordan is CONTINUED in full force and effect pending the resolution of Mr. Jordan's 89 Motion to Quash and for a Protective Order; that Responses to the Motion to Quash are due by 9/2/2008 and replies by 9/12/2007. Signed by Magistrate Judge R. Clarke VanDervort on 8/21/2008. (cc: attys; any unrepresented party) (cds) Modified on 8/22/2008 to correct text (cds).
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Request |
 |
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90 |
Filed: 8/20/2008, Entered: None |
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MEMORANDUM by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan in support of 89 Motion (Young, Ralph) Modified on 8/20/2008 to correct linkage (Proctor, Rebecca).
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Request |
 |
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89 |
Filed: 8/20/2008, Entered: None |
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|
MOTION by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan to Quash Subpoena Duces Tecum of Dennis Jordan and for Protective Order (Young, Ralph) Modified on 8/20/2008 to add additional relief sought(rap).
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Request |
 |
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88 |
Filed: 8/19/2008, Entered: None |
 |
|
THIRD AMENDED SCHEDULING ORDER: The Parties' 87 JOINT MOTION to Amend Second Amended Scheduling Order is GRANTED and the Second Amended Scheduling Order entered on 04/01/2008, is AMENDED as follows: The parties shall complete all depositions by 9/15/2008. Dispositive Motions except those filed under Rule 12(b) due by 10/6/2008, with responses due by 10/20/2008, and replies due by 10/30/2008. Settlement Meeting to be held by 12/8/2008. Motions in Limine to be filed by 12/15/2008, with responses due by 12/22/2008. Plaintiffs portion of proposed Pretrial Order to defendants due by 12/10/2008, Proposed Integrated Pretrial Order due by 12/17/2008. Pretrial Conference set for 1/7/2009 10:00 AM in Beckley before Judge Thomas E. Johnston. Proposed Findings of Fact and Conclusions of Law due by 1/3/2009. Final Settlement Conference at 10:00 AM on 1/7/2009 in Beckley. Trial set for 1/20/2009 at 09:00 AM in Beckley before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 8/19/2008. (cc:attys; any unrepresented party) (mls) Modified on 8/21/2008 to correct typo (cds).
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Request |
 |
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87 |
Filed: 8/15/2008, Entered: None |
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|
JOINT MOTION by Robin D. Cook, Kevin Cook to Amend 66 Second Amended Scheduling Order (Russo, David) Modified on 8/18/2008 to add linkage (Proctor, Rebecca).
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Request |
 |
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86 |
Filed: 8/6/2008, Entered: None |
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|
CERTIFICATE OF SERVICE filed by Mountain State Blue Cross & Blue Shield, Inc. for Subpoena Duces Tecum (Jessee, Russell)
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Request |
 |
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|
| Save 25% on a pre-paid one year subscription. |
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85 |
Filed: 7/31/2008, Entered: None |
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|
CERTIFICATE OF SERVICE filed by Jones & Jordan Engineering, Inc. for Jones & Jordan Engineering, Inc.'s Responses to Highmark West Virginia Inc. d/b/a Mountain State Blue Cross Blue Shield's First Set of Interrogatories and Requests for Production of Documents (Young, Ralph) (Modified on 8/4/2008 to remove extra filers) (skh).
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Request |
 |
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84 |
Filed: 7/22/2008, Entered: None |
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|
AFFIDAVIT OF FEES by Mountain State Blue Cross & Blue Shield, Inc. in Response to the Court's 83 Order. (Jessee, Russell) (Modified text to conform to filed document on 7/23/2008) (skh).
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Request |
 |
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83 |
Filed: 7/17/2008, Entered: None |
 |
|
ORDER granting Mountain State Blue Cross Blue Shield's 78 MOTION to Compel; directing Jones & Jordan to provide responses to Mountain State's discovery requests by 7/31/2008; should Jones & Jordan wish to be heard regarding sanctions, Jones & Jordan should file with the Court within 10 business days of the entry of this Order a Memorandum explaining why its nondisclosure was justified or why an award of attorney's fees would be unjust; Mountain State is directed to file an itemized statement of the costs and fees associated with this Motion with 10 business days of the entry of this order. Signed by Magistrate Judge R. Clarke VanDervort on 7/17/2008. (cc: attys; any unrepresented party) (slr)
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Request |
 |
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82 |
Filed: 7/16/2008, Entered: None |
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|
FIRST AMENDED NOTICE TO TAKE DEPOSITION by Robin D. Cook, Kevin Cook of Kevin W. Jordan on July 24, 2008 at 9:00 a.m. (Russo, David) (Modified text to conform to filed document on 7/17/2008) (skh).
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Request |
 |
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81 |
Filed: 7/15/2008, Entered: None |
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|
NOTICE TO TAKE DEPOSITION by Mountain State Blue Cross & Blue Shield, Inc. of Kevin W. Jordan on July 24, 2008 at 9:00 a.m. (Jessee, Russell)
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Request |
 |
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80 |
Filed: 6/24/2008, Entered: None |
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|
CERTIFICATE OF SERVICE filed by Jones & Jordan Engineering, Inc. for Jones & Jordan Engineering, Inc.'s Responses to Thomas W. Hannigan's First Set of Interrogatories and Requests for Production of Documents (Young, Ralph) (Modified on 6/25/2008 to remove extra filers) (skh).
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|
Request |
 |
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79 |
Filed: 6/23/2008, Entered: None |
|
|
AMENDED NOTICE TO TAKE DEPOSITION by Robin D. Cook, Kevin Cook of Kevin W. Jordan on July 14, 2008 at 8:00 a.m. (Russo, David)
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Request |
 |
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78 |
Filed: 6/18/2008, Entered: None |
|
|
MOTION by Mountain State Blue Cross & Blue Shield, Inc. to Compel Third-Party Plaintiff Jones & Jordan Engineering to respond to the first set of discovery from Mountain State Blue Cross Blue Shield (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jessee, Russell)
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|
Request |
 |
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77 |
Filed: 6/10/2008, Entered: None |
 |
|
ORDER granting Defendant Thomas Hanigan's 73 MOTION to Compel. Defendants shall provide responses to defendant Thomas W. Hanigan's discovery requests no later than 6/24/2008. Signed by Magistrate Judge R. Clarke VanDervort on 6/10/2008. (cc: attys; any unrepresented party) (cds)
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|
Request |
 |
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|
76 |
Filed: 5/28/2008, Entered: None |
|
|
NOTICE TO TAKE DEPOSITION by Robin D. Cook, Kevin Cook of Kevin W. Jordan on June 11, 2008 at 10:00 a.m. (Russo, David)
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|
Request |
 |
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|
75 |
Filed: 5/16/2008, Entered: None |
 |
|
PROTECTIVE ORDER. Signed by Magistrate Judge R. Clarke VanDervort on 5/16/2008. (cc: attys; any unrepresented party) (slr)
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|
Request |
 |
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|
74 |
Filed: 5/14/2008, Entered: None |
|
|
PROPOSED ORDER Protective Order by Robin D. Cook, Kevin Cook, Thomas W. Hannigan, Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan, Mountain State Blue Cross & Blue Shield, Inc. (Russo, David) (Modified on 5/17/2008 to add additional filers) (skh).
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|
Request |
 |
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73 |
Filed: 5/9/2008, Entered: None |
|
|
MOTION by Thomas W. Hannigan to Compel Defendants, Jones & Jordan, Engineering, Inc., James Jones and Kevin Jordan's responses to Defendant, Thomas Hannigan's first set interrogatories and request for production of documents (Attachments: # 1 Exhibit(s) A, B, and C)(Biser, Rita) (Modified for clarity on 5/12/2008) (skh).
|
|
Request |
 |
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|
72 |
Filed: 5/7/2008, Entered: None |
|
|
STIPULATION EXTENDING TIME for Jones & Jordan Engineering, Inc. to respond to Mountain State's Discovery Requests re: 59 Certificate of Service, to June 6, 2008 by Mountain State Blue Cross & Blue Shield, Inc., Jones & Jordan Engineering, Inc. (Jessee, Russell) (Modified for clarity and to add additional filer on 5/8/2008) (skh).
|
|
Request |
 |
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|
71 |
Filed: 5/7/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Mountain State Blue Cross & Blue Shield, Inc. for Responses of Defendant High Mark West Virginia Inc. d/b/a Mountain State Blue Cross & Blue Shield to Plaintiff Robin D. Cook's First Series of Interrogatories (Jessee, Russell)
|
|
Request |
 |
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|
70 |
Filed: 5/7/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Mountain State Blue Cross & Blue Shield, Inc. for Responses of Defendant High Mark West Virginia Inc. d/b/a Mountain State Blue Cross Blue Shield to Plaintiff Robin D. Cook's First Request for Production of Documents (Jessee, Russell)
|
|
Request |
 |
|
|
69 |
Filed: 5/5/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Thomas W. Hannigan for Thomas W. Hannigan's Supplemental Responses to Plaintiff Robin D. Cook's First Request for Production of Documents (Biser, Rita)
|
|
Request |
 |
|
|
68 |
Filed: 4/25/2008, Entered: None |
|
|
NOTICE TO TAKE DEPOSITION by Robin D. Cook, Kevin Cook of James A. Jones; Kevin W. Jordan; Thomas W. Hannigan on May 7, 2008; May 7, 2008; May 8, 2008 at 9:00 a.m.; 1:00 p.m.; 10:00 a.m. (Russo, David)
|
|
Request |
 |
|
|
67 |
Filed: 4/10/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Jones & Jordan Engineering, Inc. for Jones & Jordan Engineering, Inc.'s Responses to Highmark West Virginia Inc. d/b/a Mountain State Blue Cross Blue Shield's Requests for Admission (Young, Ralph) (Modified on 4/11/2008 to remove filers) (skh).
|
|
Request |
 |
|
|
66 |
Filed: 4/1/2008, Entered: None |
 |
|
SECOND AMENDED SCHEDULING ORDER: The parties' 64 JOINT MOTION to Continue trial is GRANTED and the First Amended Scheduling previously entered on 09/19/2007, is AMENDED as follows: Discovery requests to be completed by 7/1/2008, and all depositions by 8/15/2008. Dispositive Motions except those filed under Rule 12(b) due by 9/5/2008, with responses due by 9/19/2008, and replies due by 10/1/2008. Settlement Meeting to be held by 11/5/2008. Motions in Limine to be filed by 11/12/2008, with responses due by 11/19/2008. Plaintiffs portion of proposed Pretrial Order to defendants due by 11/10/2008, Proposed Integrated Pretrial Order due by 11/17/2008. Pretrial Conference set for 12/17/2008 01:30 PM in Beckley before Judge Thomas E. Johnston. Proposed Findings of Fact and Conclusions of Law due by 12/3/2008. Final Settlement Conference at 01:30 PM on 12/17/2008 in Beckley. Jury Trial set for 1/13/2009 at 09:00 AM in Beckley before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 4/1/2008. (cc:attys; any unrepresented party) (mls)
|
|
Request |
 |
|
|
65 |
Filed: 3/19/2008, Entered: None |
|
|
STIPULATION EXTENDING TIME for these defendants to respond to plaintiff's discovery requests to April 7, 2008 by Kevin Cook, Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan (Russo, David) (Modified for clarity, to add additional filers and to remove a filer on 3/20/2008) (skh).
|
|
Request |
 |
|
|
64 |
Filed: 3/19/2008, Entered: None |
 |
|
JOINT MOTION by Robin D. Cook, Kevin Cook, Thomas W. Hannigan, Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan, Mountain State Blue Cross & Blue Shield, Inc. to Amend 35 Judge Johnston's First Amended Scheduling Order (Russo, David) (Modified for clarity and to add additional filers on 3/20/2008) (skh).
|
|
Request |
 |
|
|
63 |
Filed: 3/13/2008, Entered: None |
|
|
ANSWER TO 27 Amended Third-Party Complaint by Mountain tate Blue Cross & Blue Shield, Inc. (Attachments: # 1 Civil Cover Sheet)(Jessee, Russell) (Modified title of entry to conform to filed document on 3/14/2008) (skh).
|
|
Request |
 |
|
|
62 |
Filed: 3/13/2008, Entered: None |
|
|
STIPULATION EXTENDING TIME for Plaintiffs to Respond to Discovery to April 11, 2008 by Robin D. Cook, Kevin Cook, Thomas W. Hannigan (Biser, Rita) (Modified for clarity on 3/14/2008) (skh).
|
|
Request |
 |
|
|
61 |
Filed: 3/13/2008, Entered: None |
|
|
STIPULATION EXTENDING TIME for Defendants to Respond Discovery Requests to April 11, 2008 by Robin D. Cook, Kevin Cook, Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan, Thomas W. Hannigan (Biser, Rita) (Modified for clarity on 3/14/2008) (skh).
|
|
Request |
 |
|
|
60 |
Filed: 3/7/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Mountain State Blue Cross & Blue Shield, Inc. for Requests for Admission to Jones & Jordan Engineering Inc. from Highmark West Virginia Inc. d/b/a Mountain State Blue Cross Blue Shield (Jessee, Russell)
|
|
Request |
 |
|
|
59 |
Filed: 3/7/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Mountain State Blue Cross & Blue Shield, Inc. for First Set of Interrogatories and Requests for Production of Documents to Jones & Jordan Engineering, Inc. From Highmark West Virginia Inc. d/b/a Mountain State Blue Cross Blue Shield (Jessee, Russell)
|
|
Request |
 |
|
|
58 |
Filed: 3/3/2008, Entered: None |
 |
|
MEMORANDUM OPINION AND ORDER granting in part and denying in part Mountain State's 30 MOTION to Dismiss; lifting the 54 stay of discovery as to Mountain State. Signed by Judge Thomas E. Johnston on 3/3/2008. (cc: attys; any unrepresented party) (slr)
|
|
Request |
 |
|
|
57 |
Filed: 2/26/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Thomas W. Hannigan for Defendant, Thomas W. Hannigan's, Disclosure of Expert Witnesses (Biser, Rita)
|
|
Request |
 |
|
|
56 |
Filed: 2/26/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Certificate of Service for Disclosure of Expert Witnesses (Young, Ralph)
|
|
Request |
 |
|
|
55 |
Filed: 2/20/2008, Entered: None |
|
|
NOTICE TO TAKE DEPOSITION by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan of Robin D. Cook on March 13, 2008 at 10:00 a.m. (Young, Ralph)
|
|
Request |
 |
|
|
54 |
Filed: 2/19/2008, Entered: None |
 |
|
ORDER granting Mountain State Blue Cross & Blue Shield, Inc.'s 39 MOTION to Stay Discovery; granting Mountain State Blue Cross & Blue Shield, Inc.'s 49 MOTION to Stay Discovery; Mountain State need not respond to written discovery or offer any deposition witnesses until further instructed. Signed by Judge Thomas E. Johnston on 2/19/2008. (cc: attys; any unrepresented party) (slr)
|
|
Request |
 |
|
|
53 |
Filed: 2/14/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Thomas W. Hannigan for Thomas W. Hannigans Responses to Plaintiff, Robin D. Cooks, First Set of Requests for Production of Documents (Biser, Rita)
|
|
Request |
 |
|
|
52 |
Filed: 2/14/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Thomas W. Hannigan for Thomas W. Hannigan's Answers to Plaintiff Robin D. Cook's First Series of Interrogatories (Biser, Rita)
|
|
Request |
 |
|
|
51 |
Filed: 2/11/2008, Entered: None |
|
|
NOTICE OF CHANGE OF ATTORNEY INFORMATION by W. Michael Moore on behalf of Thomas W. Hannigan. (Moore, W.)
|
|
Request |
 |
|
|
50 |
Filed: 2/5/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Robin D. Cook, Kevin Cook for Plaintiffs; Expert Witness Disclosures (Russo, David)
|
|
Request |
 |
|
|
49 |
Filed: 1/31/2008, Entered: None |
|
|
AMENDED MOTION by Mountain State Blue Cross & Blue Shield, Inc. To Stay Discovery As to Mountain State Blue Cross Blue Shield re: 39 MOTION by Mountain State Blue Cross & Blue Shield, Inc. to Stay discovery as to Mountain State Blue Cross Blue Shield (Jessee, Russell)
|
|
Request |
 |
|
|
48 |
Filed: 1/15/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Robin D. Cook for Plaintiff Robin D. Cook's First Request for Production of Documents to Thomas Hannigan (Russo, David) (Modified on 1/16/2008 to remove filer) (skh).
|
|
Request |
 |
|
|
47 |
Filed: 1/15/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Robin D. Cook for Plaintiff Robin D. Cook's First Set of Interrogatories to Defendant Thomas W. Hannigan (Russo, David) (Modified on 1/16/2008 to correct typographical error and to remove filer) (skh).
|
|
Request |
 |
|
|
46 |
Filed: 1/15/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Robin D. Cook for Plaintiff Robin D. Cook's First Request for Production of Documents to High Mark West Virginia, Inc. d/b/a Mountain State Blue Cross & Blue Shield (Russo, David) (Modified on 1/16/2008 to remove filer) (skh).
|
|
Request |
 |
|
|
45 |
Filed: 1/15/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Robin D. Cook for Plaintiff Robin D. Cook's First Set of Interrogatories to Defendant High Mark West Virginia, Inc. d/b/a Mountain State Blue Cross & Blue Shield (Russo, David) (Modified on 1/16/2008 to correct typographical error and to remove filer) (skh).
|
|
Request |
 |
|
|
44 |
Filed: 1/15/2008, Entered: None |
|
|
CERTIFICATE OF SERVICE filed by Robin D. Cook for Plaintiff Robin D. Cook's First Request for Production of Documents to Jones & Jordan Engineering, Inc. (Russo, David) (Modified on 1/16/2008 to remove filer) (skh).
|
|
Request |
 |
|
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43 |
Filed: 1/15/2008, Entered: None |
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CERTIFICATE OF SERVICE filed by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Jones & Jordan Engineering, Inc., James A. Jones and Kevin W. Jordan's First Set of Interrogatories, Request for Production and Request for Admissions to the Plaintiffs Robin D. Cook and Kevin Cook (Young, Ralph)
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Request |
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42 |
Filed: 1/15/2008, Entered: None |
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CERTIFICATE OF SERVICE filed by Robin D. Cook for Plaintiff Robin D. Cook's First Set of Interrogatories to Defendant Jones & Jordan Engineering, Inc. (Russo, David) (Modified on 1/16/2008 to correct typographical error and to remove filer) (skh).
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Request |
 |
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41 |
Filed: 1/10/2008, Entered: None |
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CERTIFICATE OF SERVICE filed by Thomas W. Hannigan for Defendant, Thomas W. Hannigans Second Set of Interrogatories and Requests for Production of Documents to Plaintiffs (Biser, Rita)
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Request |
 |
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40 |
Filed: 1/10/2008, Entered: None |
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CERTIFICATE OF SERVICE filed by Thomas W. Hannigan for Defendant, Thomas W. Hannigans First Set of Interrogatories and Requests for Production of Documents to Jones & Jordan Engineering, Inc. James A. Jones and Kevin W. Jordan (Biser, Rita)
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Request |
 |
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39 |
Filed: 1/10/2008, Entered: None |
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MOTION by Mountain State Blue Cross & Blue Shield, Inc. Stay discovery as to Mountain State Blue Cross Blue Shield (Jessee, Russell)
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Request |
 |
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38 |
Filed: 12/21/2007, Entered: None |
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CERTIFICATE OF SERVICE filed by Robin D. Cook, Kevin Cook for Answer of Plaintiffs to Defendant Thomas W. Hannigan's First Set of Interrogatories and Requests for Production of Documents to Plaintiff (Russo, David)
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Request |
 |
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37 |
Filed: 11/6/2007, Entered: None |
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ORDER granting Defendant's 23 MOTION to Compel; directing Plaintiffs to provide answers and responses to Defendant Thomas W. Hanigan's First Set of Interrogatories and Requests for Production of Documents by 12/6/2007. If plaintiff Robin Cook is unable to communicate with her counsel regarding discovery responses by 12/6/2007, due to her medical condition, counsel for Plaintiffs is directed to notify the Court promptly of a date by which responses will be made. Signed by Magistrate Judge R. Clarke VanDervort on 11/6/2007. (cc: attys; any unrepresented party) (slr)
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Request |
 |
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36 |
Filed: 10/10/2007, Entered: None |
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CERTIFICATE OF SERVICE by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Rule 26(a)(2) Expert Testimony Disclosures. (Young, Ralph)
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Request |
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35 |
Filed: 9/19/2007, Entered: None |
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FIRST AMENDED SCHEDULING ORDER: Plaintiff's 34 motion to modify the time frame order is GRANTED, and the Scheduling Order previously entered on 01/11/2007, is AMENDED as follows: Discovery due by 2/15/2008; Depositions due by 04/01/2008; Expert Disclosure by party bearing the burden of proof due by 2/5/2008; party not bearing burden of proof shall make disclosures by 2/26/2008; all parties to provide the disclosures to contradict or rebut evidence no later than 3/11/2008; Examinations by 2/19/2008; Joinder, amendments, crossclaims, counterclaims and third-party complaints by 2/19/2008; Dispositive motions 4/15/2008; Memoranda in opposition 5/2/2008; Reply memoranda 5/13/2008; Mediation on or before 05/30/2008; Settlement Conference and Rule 26(a)(3) disclosures by 6/13/2008; Proposed Findings of Fact/Conclusions of Law by 6/11/2008; Motions in Limine by 6/12/2008; Responses to Motions in Limine by 6/19/2008; Joint Pretrial Order by 6/20/2008; Exhibits due by 6/23/2008; Objections to exhibits due by 6/30/2008; Plaintiff to submit any interrogotories and depositions to be used at trial by 6/23/2008; defendant shall do the same by 6/30/2008; Objections due by 07/03/2008; Biographical Sketches of expert witnesses by 6/23/2008; Stipulation of Facts by 6/23/2008; Pretrial Conference/Final Settlement Conference on 6/25/2008 at 09:00 AM in Beckley; Trial 07/08/2008, at 9:00 a.m. in Beckley, West Virginia. Signed by Judge Thomas E. Johnston on 9/19/2007. (cc:attys; any unrepresented party) (mls)
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Request |
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34 |
Filed: 9/10/2007, Entered: None |
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MOTION by Robin D. Cook, Kevin Cook to Modify 14 Judge Johnston's Scheduling Order (Russo, David) (Modified on 9/11/2007 to add link to #14 order) (Howie, Susan).
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Request |
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33 |
Filed: 8/27/2007, Entered: None |
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CERTIFICATE OF SERVICE by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Rule 26(a)(2) Expert Testimony Disclosures. (Young, Ralph)
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Request |
 |
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32 |
Filed: 8/8/2007, Entered: None |
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CORPORATE DISCLOSURE STATEMENT by Mountain State Blue Cross & Blue Shield, Inc. (Jessee, Russell)
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Request |
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31 |
Filed: 8/8/2007, Entered: None |
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MEMORANDUM by Mountain State Blue Cross & Blue Shield, Inc. in support of 30 MOTION by Mountain State Blue Cross & Blue Shield, Inc. to Dismiss re: 27 Amended Third-Party Complaint (Jessee, Russell)
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Request |
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30 |
Filed: 8/8/2007, Entered: None |
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MOTION by Mountain State Blue Cross & Blue Shield, Inc. to Dismiss re: 27 Amended Third-Party Complaint (Attachments: # 1 Exhibit(s) Exhibit 1)(Jessee, Russell)
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Request |
 |
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29 |
Filed: 7/26/2007, Entered: None |
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SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE re: 27 Amended Third-Party Complaint. Accepted by Secretary of State on 7/19/2007 as to Mountain State Blue Cross & Blue Shield, Inc. ; answer due 8/9/2007. (cds)
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Request |
 |
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28 |
Filed: 7/16/2007, Entered: None |
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SUMMONS ISSUED by the Clerk on behalf of Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Mountain State Blue Cross & Blue Shield, Inc., re: 27 Amended Third-Party Complaint, returnable 20 days. Original Summons and 2 copies returned to Ralph C. Young, Counsel, for service. (mls)
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Request |
 |
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27 |
Filed: 7/16/2007, Entered: None |
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AMENDED THIRD-PARTY COMPLAINT by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan against Mountain State Blue Cross & Blue Shield, Inc. (mls)
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Request |
 |
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26 |
Filed: 7/16/2007, Entered: None |
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ORDER granting 24 MOTION to Amend to Correct Misnomer to the Third-Party Complaint; and directing that the Third-Party Defendant's name be corrected to read "Mountain State Blue Cross & Blue Shield, Inc." Further, the Court ORDERS that the Clerk file the Amended Third-Party Complaint attached to the motion and issue summonses to that effect. Signed by Judge Thomas E. Johnston on 7/16/2007. (cc: attys; any unrepresented party) (mls)
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Request |
 |
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25 |
Filed: 6/4/2007, Entered: None |
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PROPOSED ORDER Proposed Order to Correct Misnomer to the Third-Party Complaint by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan (Young, Ralph)
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Request |
 |
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24 |
Filed: 6/4/2007, Entered: None |
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MOTION by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan to Amend 21 Third Party Complaint (Young, Ralph) (Proctor, Rebecca). Modified on 6/4/2007 to attach Proposed Amended Third Party Complaint: # 1 (Proctor, Rebecca).
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Request |
 |
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23 |
Filed: 6/1/2007, Entered: None |
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MOTION by Thomas W. Hannigan to Compel Plaintiffs to provide full and complete Responses to Defendant, Thomas W. Hannigan's, First Set of Interrogatories and Requests for Production of Documents to Plaintiffs (Attachments: # 1 Exhibit(s) A through C)(Biser, Rita)
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Request |
 |
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22 |
Filed: 5/7/2007, Entered: None |
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SUMMONS ISSUED by the Clerk on behalf of Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Mountain State Blue Cross & Blue Shield of West Virginia, Inc., re: 21 Third Party Complaint, returnable 20 days. Original Summons and 2 copies returned to Ralph C. Young for service. (rle)
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Request |
 |
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21 |
Filed: 5/3/2007, Entered: None |
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|
THIRD PARTY COMPLAINT by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan against Mountain State Blue Cross & Blue Shield of West Virginia, Inc. (rle)
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Request |
 |
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20 |
Filed: 5/3/2007, Entered: None |
 |
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ORDER: granting Defendants' 17 MOTION for Leave to File Third-Party Complaint. The Court directs that the Third Party Complaint [17-3] be filed. Signed by Judge Thomas E. Johnston on 5/3/2007. (cc: attys; any unrepresented party) (rle)
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Request |
 |
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19 |
Filed: 4/30/2007, Entered: None |
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STIPULATION EXTENDING TIME to May 9, 2007 by Robin D. Cook, Kevin Cook, Thomas W. Hannigan (Russo, David) (Modified on 5/1/2007 to add Thomas W. Hannigan as a filer) (Howie, Susan).
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Request |
 |
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18 |
Filed: 4/5/2007, Entered: None |
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STIPULATION EXTENDING TIME to April 30, 2007 by Robin D. Cook, Kevin Cook and Thomas Hannigan. (Russo, David) Party filer added and incorrect document replaced on 4/5/2007 (Proctor, Rebecca).
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Request |
 |
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17 |
Filed: 3/15/2007, Entered: None |
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MOTION by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan for Leave to File a Third Party Complaint, with proposed order attached (Young, Ralph) (Modified for clarification and to note proposed order is attached on 3/16/2007 (Howie, Susan). Additional attachment, Proposed Third-Party Complaint, added on 5/1/2007 (Proctor, Rebecca). "Proposed" deleted from title of Third-Party Complaint on 5/2/2007 (Proctor, Rebecca).
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Request |
 |
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16 |
Filed: 2/9/2007, Entered: None |
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|
CERTIFICATE OF SERVICE filed by Thomas W. Hannigan for Defendant, Thomas W. Hannigan's First Set of Interrogatories and Requests for Production of Documents to Plaintiffs (Biser, Rita)
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Request |
 |
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15 |
Filed: 1/17/2007, Entered: None |
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|
AGREED ORDER OF SUBSTITUTION OF COUNSEL: Rita Massie Biser, Esquire and W. Michael Moore, Esquire, Moore and Biser, PLLC, are hereby substituted as counsel for defendant, Thomas W. Hannigan. Kay Casto & Chaney, PLLC are hereby relieved as counsel. Signed by Judge Thomas E. Johnston on 1/17/2007. (cc: attys; any unrepresented party) (mls)
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Request |
 |
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14 |
Filed: 1/11/2007, Entered: None |
 |
|
SCHEDULING ORDER: Discovery due by 9/10/2007, Depositions by 10/26/07; Expert Disclosure by party bearing the burden of proof due by 8/27/2007, party not bearing burden of proof shall make disclosures by 9/21/2007, all parties to provide the disclosures to contradict or rebut evidence no later than 10/5/2007; Examinations by 9/26/2007; Joinder, amendments, crossclaims, counterclaims and third-party complaints by 9/26/2007; Dispositive motions 11/21/2007, Memoranda in opposition 12/10/2007, Reply memoranda 12/19/2007; Mediation by 12/7/07; Settlement Conference and Rule 26(a)(3) disclosures by 12/28/2007; Proposed Findings of Fact/Conclusions of Law by 1/8/2008; Motions in Limine by 12/27/2007, Responses to Motions in Limine by 1/3/2008; Joint Pretrial Order by 1/4/2008; Exhibits due by 1/7/2008, Objections to exhibits due by 1/14/2008; Plaintiff to submit any interrogotories and depositions to be used at trial and objections by 1/7/2008, defendant shall do the same by 1/14/2008, objections to interrogatories and depositions due by 1/17/08; Biographical Sketches of expert witnesses by 1/7/2008; Stipulation of Facts by 1/7/2008; Pretrial Conference/Final Settlement Conference on 1/9/2008 at 09:00 AM in Beckley; Trial 1/22/08 at 9:00 am in Beckley. Signed by Judge Thomas E. Johnston on 1/11/2007. (cc:attys; any unrepresented party) (rle)
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Request |
 |
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13 |
Filed: 1/9/2007, Entered: None |
 |
|
SCHEDULING CONFERENCE held by Judge Thomas E. Johnston on 1/9/2007; Court Reporter: Teresa Harvey.. (kkt)
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Request |
 |
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12 |
Filed: 12/5/2006, Entered: None |
 |
|
ORDER: Scheduling Conference set for 09:00 AM on 1/9/2007 in Beckley. Signed by Judge Thomas E. Johnston on 12/5/2006. (cc: attys; any unrepresented party) (mls)
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Request |
 |
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11 |
Filed: 11/30/2006, Entered: None |
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|
AMENDED ANSWER TO by James A. Jones re: 9 Answer to Complaint (Young, Ralph)
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Request |
 |
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10 |
Filed: 11/30/2006, Entered: None |
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|
ANSWER TO COMPLAINT by Kevin W. Jordan. (Young, Ralph)
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|
Request |
 |
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|
9 |
Filed: 11/30/2006, Entered: None |
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|
ANSWER TO COMPLAINT by James A. Jones. (Young, Ralph)
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|
Request |
 |
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8 |
Filed: 11/30/2006, Entered: None |
|
|
ANSWER TO COMPLAINT by Jones & Jordan Engineering, Inc.. (Young, Ralph)
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|
Request |
 |
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|
7 |
Filed: 11/29/2006, Entered: None |
|
|
RULE 26(f) REPORT OF PLANNING MEETING by Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan. (Young, Ralph)
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Request |
 |
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6 |
Filed: 11/17/2006, Entered: None |
|
|
STIPULATION by Robin D. Cook, Kevin Cook. (Price, Joseph)
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|
Request |
 |
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5 |
Filed: 9/27/2006, Entered: None |
 |
|
ORDER AND NOTICE: Rule 12(b) Motions on or before 10/25/2006; Initial Planning Meeting on or before 11/20/2006; Meeting Report and Proposed Discovery Plan by 11/29/2006; Scheduling Order will be entered on or before 11/13/2006; Initial Discovery Disclosures by 12/20/2006. Signed by Judge Thomas E. Johnston on 9/27/2006. (cc:attys; any unrepresented party) (mls)
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Request |
 |
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4 |
Filed: 9/25/2006, Entered: None |
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|
ANSWER TO COMPLAINT by Thomas W. Hannigan. (Biser, Rita)
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|
Request |
 |
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3 |
Filed: 8/11/2006, Entered: None |
 |
|
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED AUGUST 1, 2006. This matter referred to Magistrate Judge VanDervort for discovery. (cc: attys; any unrepresented party) (cds)
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Request |
 |
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2 |
Filed: 8/11/2006, Entered: None |
|
|
SUMMONS ISSUED by the Clerk on behalf of Robin D. Cook, Kevin Cook for Jones & Jordan Engineering, Inc., James A. Jones, Kevin W. Jordan, Thomas W. Hannigan, re: 1 Complaint, returnable 20 days. Original Summons and 2 copies returned to counsel for pltf. for service. (cds)
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|
Request |
 |
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|
1 |
Filed: 8/11/2006, Entered: None |
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|
COMPLAINT. Filing Fee $350.00. Receipt # 18968(CHAS). (Attachments: # 1 Civil Cover Sheet) (cds)
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Request |
 |