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Filed: 6/6/2018, Entered: None |
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IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. The WVSD CM/ECF system will be unavailable from 12:00pm (noon) on Friday, June 8, 2018 until 6:00am on Monday, June 11, 2018. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVSD e-filing account in the new NextGen CM/ECF system on or after June 11, 2018. Instructions for linking your account can be found at http://www.wvsd. uscourts.gov/pdfs/NextGen/WVSD_Link_PACER_to_CM-ECF.pdf. If you have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI)
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Filed: 3/12/2018, Entered: 3/15/2018 |
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MOTION HEARING held by Judge Thomas E. Johnston on 3/12/2018. Court Reporter: Ayme Cochran. (lca) (Modified on 3/15/2018 to correct proceeding date) (rea).
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| 31 |
Filed: 3/12/2018, Entered: None |
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ORDER granting 3 MOTION to Refer; and REFERS this civil action to the UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF WEST VIRIGNIA; the Court DENIES WITHOUT PREJUDICE 22 COMBINED MOTION to File Second Amended Complaint, 29 MOTION to File Corrected Second Amended Complaint, 20 COMBINED MOTION for Leave to file an Amended Complaint and for a More Definite Statement, and 7 Motion to Dismiss; the Court also DENIES AS MOOT 26 JOINT MOTION to Stay Briefing Schedule for Motion to Dismiss and Set Briefing Schedule for Leave to File Amended Complaint, and 15 MOTION for Scheduling Order; the Court STAYS this action pending the outcome of the bankruptcy proceedings and further order of this Court; the Clerk is DIRECTED to remove this case from the Court's active docket. Signed by Judge Thomas E. Johnston on 3/12/2018. (cc: counsel of record; any unrepresented party) (taq)
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Request |
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| 30 |
Filed: 3/8/2018, Entered: None |
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SUMMARY OF CLAIMS AND STATUS REPORT by The Elswick Company, LLC (Skaggs, John)
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Request |
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| 29 |
Filed: 3/7/2018, Entered: None |
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MOTION by The Elswick Company, LLC to File Corrected Second Amended Complaint (Skaggs, John)
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Request |
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| 28 |
Filed: 3/7/2018, Entered: None |
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CORRECTED [PROPOSED] SECOND AMENDED COMPLAINT AND EXHIBITS A-B by The Elswick Company, LLC in support of 22 COMBINED MOTION by The Elswick Company, LLC to File Second Amended Complaint. (Skaggs, John)
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Request |
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| 27 |
Filed: 3/1/2018, Entered: None |
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PROPOSED ORDER Joint Agreed Order to Stay Briefing Schedule for Pending Motion to Dismiss and to Set Briefing Schedule for Motion for Leave to File Second Amended Complaint by U.S. Bancorp Government Leasing and Finance, Inc., Wells Fargo Commercial Mortgage Servicing, The Elswick Company, LLC, Comm 2013 CCRE12, LLC (Adkins, J.) (Modified on 3/2/2018 to add party filers) (kp).
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| 26 |
Filed: 3/1/2018, Entered: None |
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JOINT MOTION by U.S. Bancorp Government Leasing and Finance, Inc., Wells Fargo Commercial Mortgage Servicing, The Elswick Company, LLC, Comm 2013 CCRE12, LLC to Stay Briefing Schedule for Pending 7 Motion to Dismiss and to Set Briefing Schedule for 22 Motion for Leave to File Second Amended Complaint (Adkins, J.) (Modified on 3/2/2018 to correct links and to add party filers) (kp).
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Request |
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| 25 |
Filed: 2/27/2018, Entered: None |
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STATEMENT OF VISITING ATTORNEY from Paul E. Chronis on behalf of Wells Fargo Commercial Mortgage Servicing, U.S. Bancorp Government Leasing and Finance, Inc. Local counsel: J. Mark Adkins. Fee $50.00. Receipt # 0425-6266059. (Adkins, J.)
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Request |
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| 24 |
Filed: 2/21/2018, Entered: None |
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ORDER the motions hearing is CONTINUED to 3/12/2018 at 10:00 a.m. Signed by Judge Thomas E. Johnston on 2/21/2018. (cc: counsel of record; any unrepresented party) (taq)
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Request |
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| 23 |
Filed: 2/20/2018, Entered: None |
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PROPOSED SECOND AMENDED COMPLAINT by The Elswick Company, LLC re: 22 COMBINED MOTION by The Elswick Company, LLC to File Second Amended Complaint. (Skaggs, John)
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Request |
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| 22 |
Filed: 2/20/2018, Entered: None |
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COMBINED MOTION by The Elswick Company, LLC to File Second Amended Complaint and MEMORANDUM OF LAW in Opposition to 7 Motion to Dismiss (Skaggs, John) (Modified on 2/21/2018 to add link to #7 motion) (kp).
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Filed: 2/9/2018, Entered: None |
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DEADLINES as to 7 MOTION by U.S. Bancorp Government Leasing and Finance, Inc., Wells Fargo Commercial Mortgage Servicing to Dismiss; response due by 2/23/2018 and reply due by 3/1/2018 pursuant to 21 order. (taq)
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| 21 |
Filed: 2/9/2018, Entered: None |
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ORDER the hearing on plaintiff's 3 motion to refer and defendants' 7 motion to dismiss is CONTINUED to 3/5/2018 at 10:00 a.m. in Charleston before Judge Thomas E. Johnston; a response to the 7 Motion to Dismiss must be filed by 2/23/2018 and any reply must be filed by 3/1/2018. Signed by Judge Thomas E. Johnston on 2/9/2018. (cc: counsel of record; any unrepresented party) (taq)
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| 20 |
Filed: 2/9/2018, Entered: None |
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COMBINED MOTION by The Elswick Company, LLC to File and MEMORANDUM OF LAW in opposition to 7 MOTION by U.S. Bancorp Government Leasing and Finance, Inc., Wells Fargo Commercial Mortgage Servicing to Dismiss Amended Complaint (Skaggs, John) (Modified on 2/12/2018 to add link to #7 motion) (kp).
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Request |
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| 19 |
Filed: 2/8/2018, Entered: None |
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ORDER A hearing on Plaintiff's 3 motion to refer and Defendants' 7 motion to dismiss is set for 2/22/2018 at 10:00 a.m. Signed by Judge Thomas E. Johnston on 2/8/2018. (cc: counsel of record; any unrepresented party) (kp)
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Request |
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| 18 |
Filed: 2/2/2018, Entered: None |
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CERTIFICATE OF SERVICE by The Elswick Company, LLC for First Set of Interrogatories and Request for Production of Documents to Defendant Wells Fargo Commercial Mortgage Servicing. (Skaggs, John)
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Request |
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| 17 |
Filed: 12/29/2017, Entered: None |
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NOTICE OF CHANGE OF ATTORNEY INFORMATION by Andrew C. Robey substituting within-firm representation for Jessie F. Reckart on behalf of U.S. Bancorp Government Leasing and Finance, Inc. (Robey, Andrew)
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Request |
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| 16 |
Filed: 12/26/2017, Entered: None |
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RESPONSE by U.S. Bancorp Government Leasing and Finance, Inc., Comm 2013 CCRE12, LLC, Wells Fargo Commercial Mortgage Servicing in opposition to 15 MOTION by The Elswick Company, LLC Motion for Scheduling Order (Adkins, J.) (Modified on 12/27/2017 to add party filers) (kp).
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Request |
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| 15 |
Filed: 12/11/2017, Entered: None |
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MOTION by The Elswick Company, LLC Motion for Scheduling Order (Skaggs, John)
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Request |
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| 14 |
Filed: 12/11/2017, Entered: None |
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NOTICE OF MOTION by The Elswick Company, LLC (Skaggs, John)
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Request |
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| 13 |
Filed: 9/15/2017, Entered: None |
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NOTICE OF RELATED MEDIATION by The Elswick Company, LLC (McLaughlin, Alexander)
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Request |
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| 12 |
Filed: 6/14/2017, Entered: None |
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NOTICE OF CHANGE OF ATTORNEY INFORMATION by Jessie F. Reckart updating her contact information on behalf of U.S. Bancorp Government Leasing and Finance, Inc., Wells Fargo Commercial Mortgage Servicing. (Reckart, Jessie)
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Request |
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| 11 |
Filed: 6/9/2017, Entered: None |
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AMENDED NOTICE OF REMOVAL by U.S. Bancorp Government Leasing and Finance, Inc., Wells Fargo Commercial Mortgage Servicing, Comm 2013 CCRE12, LLC re: 1 Notice of Removal (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Adkins, J.) (Modified on 6/12/2017 to add party filer) (dvb).
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Request |
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| 10 |
Filed: 6/7/2017, Entered: None |
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RESPONSE by U.S. Bancorp Government Leasing and Finance, Inc., Wells Fargo Commercial Mortgage Servicing in opposition to 3 MOTION by The Elswick Company, LLC to Refer This Civil Action to United States Bankruptcy Court for the Southern District of West Virginia (Adkins, J.)
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Request |
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| 9 |
Filed: 6/7/2017, Entered: None |
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ORDER For reasons more fully stated on the record during the 6/2/2017 Telephonic Status Conference in the related case 2:17-cv-2328, the Court SUSPENDS all deadlines for scheduling, briefing, and pleadings until Plaintiff's 3 Motion to Refer is decided. Signed by Judge Thomas E. Johnston on 6/7/2017. (cc: counsel of record; any unrepresented party) (mks)
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Request |
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| 8 |
Filed: 5/30/2017, Entered: None |
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MEMORANDUM OF LAW by U.S. Bancorp Government Leasing and Finance, Inc., Wells Fargo Commercial Mortgage Servicing in support of 7 MOTION by U.S. Bancorp Government Leasing and Finance, Inc., Wells Fargo Commercial Mortgage Servicing to Dismiss Amended Complaint Attached to the 1 Notice of Removal. (Adkins, J.)
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Request |
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| 7 |
Filed: 5/30/2017, Entered: None |
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MOTION by U.S. Bancorp Government Leasing and Finance, Inc., Wells Fargo Commercial Mortgage Servicing to Dismiss Amended Complaint Attached to the 1 Notice of Removal. (Adkins, J.) (Modified on 5/31/2017 to add link to #1 notice of removal) (dvb).
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Request |
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| 6 |
Filed: 5/30/2017, Entered: None |
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DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant U.S. Bancorp Government Leasing and Finance, Inc. (Adkins, J.)
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Request |
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| 5 |
Filed: 5/30/2017, Entered: None |
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DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Wells Fargo Commercial Mortgage Servicing (Adkins, J.)
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Request |
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| 4 |
Filed: 5/26/2017, Entered: None |
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PROPOSED ORDER Granting Motion to Refer by The Elswick Company, LLC (McLaughlin, Alexander)
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Request |
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| 3 |
Filed: 5/25/2017, Entered: None |
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MOTION by The Elswick Company, LLC to Refer This Civil Action to United States Bankruptcy Court for the Southern District of West Virginia (McLaughlin, Alexander)
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Request |
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| 2 |
Filed: 5/23/2017, Entered: None |
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STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (mks)
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Request |
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Filed: 5/22/2017, Entered: 5/24/2017 |
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CASE assigned to Judge Thomas E. Johnston. (klc)
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| 1 |
Filed: 5/22/2017, Entered: 5/23/2017 |
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NOTICE OF REMOVAL by Wells Fargo Commercial Mortgage Servicing, U.S. Bancorp Government Leasing and Finance, Inc. with summons, complaint, amended complaint and docket sheet from Circuit Court of Kanawha County; and other miscellaneous documents. Filing Fee $400.00. Receipt #0425-5637429. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet) (amended complaint added on 5/23/2017) (mks)
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