Osburn v. Huntington Alloys Corporation
Federal Civil Lawsuit West Virginia Southern District Court, Case No. 3:17-cv-04236
District Judge Robert C. Chambers, presiding

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Last Updated March 9, 2019 at 1:25 AM ST (2.2 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Taeger Osburn, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Donald R. Jarrell +1 304 272 6391 +1 304 272 6392 donaldjarrellesq@gmail.com
v.
No Logo Huntington Alloys Corporation, Defendant

Toggle Switch Represented by JENKINS FENSTERMAKER

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael A. Frye +1 304 523 2100 +1 304 523 2347 maf@jenkinsfenstermaker.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Thomas E. Scarr +1 304 523 2100 +1 304 523 2347 tes@jenkinsfenstermaker.com
No Logo Precision Cast Corporation, Defendant

Toggle Switch Represented by JENKINS FENSTERMAKER

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Michael A. Frye +1 304 523 2100 +1 304 523 2347 maf@jenkinsfenstermaker.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Thomas E. Scarr +1 304 523 2100 +1 304 523 2347 tes@jenkinsfenstermaker.com
Citation Section 29 U.S.C. § 160(1)
Nature of Suit 790 - Labor: Other
  Entries (36) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 28 Filed: 8/9/2018, Entered: None Transmitted Certified Copy
TRANSMITTED CERTIFIED COPY of 27 Judgment Order to counsel of record. (jsa)
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    Legal Document (Payment Possibly Required) 27 Filed: 8/9/2018, Entered: None judgmentCourt Filing
    JUDGMENT ORDER in accordance with the accompanying 26 Memorandum Opinion and Order; directing that Defendant's 19 Motion to Dismiss be GRANTED, Plaintiff's 18 Amended Complaint be DISMISSED, and this civil action be REMOVED from the docket of the Court. Signed by Judge Robert C. Chambers on 8/9/2018. (cc: counsel of record; any unrepresented parties) (jsa)
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      Legal Document (Payment Possibly Required) 26 Filed: 8/9/2018, Entered: None Order on Motion / Application / Petition to DismissCourt Filing
      MEMORANDUM OPINION AND ORDER granting Defendant's 19 MOTION to Dismiss 18 Amended Complaint and dismissing Plaintiff's case. Signed by Judge Robert C. Chambers on 8/9/2018. (cc: counsel of record; any unrepresented parties) (jsa)
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        Legal Document (Payment Possibly Required)  Filed: 6/7/2018, Entered: None Unknown Document Type
        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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        Legal Document (Payment Possibly Required)  Filed: 5/17/2018, Entered: None Unknown Document Type
        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. Complete information regarding the WVSD NextGen CM/ECF implementation can be found at h ttp://www.wvsd.uscourts.gov/nextgen-information. 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. Please log in to the WVSD CM/ECF system at http://ecf.wv sd.uscourts.gov before June 7, 2018 to make sure you know your current WVSD e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (Kinder2, Mike) (ADI)
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          Legal Document (Payment Possibly Required)  Filed: 4/15/2018, Entered: None Unknown Document Type
          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. Complete information regarding the WVSD NextGen CM/ECF implementation can be found at h ttp://www.wvsd.uscourts.gov/nextgen-information. Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the new WVSD NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVSD e-filing attorneys once the WVSD NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVSD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step can't be completed until on or after June 11, 2018. The first step is to check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the WVSD NextGen CM/ECF upgrade on June 11, 2018: 1) You have an upgraded PACER account for another NextGen court; or, 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WVSD CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent at a later date on how to handle the second step in this process. If you still have questions please contact the PACER Service Center at 800-676-6856 or the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI)
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            Legal Document (Payment Possibly Required) 25 Filed: 1/9/2018, Entered: None Unknown Document Type
            REPLY by Huntington Alloys Corporation to 24 Response In Opposition. (Scarr, Thomas)
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              Legal Document (Payment Possibly Required) 24 Filed: 1/4/2018, Entered: None Unknown Document Type
              RESPONSE by Taeger Osburn in opposition to 19 MOTION by Huntington Alloys Corporation to Dismiss re: 18 AMENDED COMPLAINT by Taeger Osburn against Huntington Alloys Corporation (Jarrell, Donald)
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                Legal Document (Payment Possibly Required)  Filed: 1/3/2018, Entered: None Unknown Document Type
                SET DEADLINE as to 19 MOTION by Huntington Alloys Corporation to Dismiss re: 18 AMENDED COMPLAINT by Taeger Osburn against Huntington Alloys Corporation. Response due by 1/4/2018. (mkw)
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                  Legal Document (Payment Possibly Required) 23 Filed: 1/3/2018, Entered: None Unknown Document TypeCourt Filing
                  ORDER directing the Clerk to STRIKE Plaintiff's 21 Response from the record; directing Plaintiff to file a response to the 19 MOTION by Huntington Alloys Corporation to Dismiss re: 18 AMENDED COMPLAINT by Taeger Osburn against Huntington Alloys Corporation by 1/4/2018. Signed by Judge Robert C. Chambers on 1/3/2018. (cc: attys; any unrepresented parties) (mkw)
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                    Legal Document (Payment Possibly Required) 22 Filed: 12/28/2017, Entered: None Unknown Document Type
                    REPLY by Huntington Alloys Corporation to 21 Response In Opposition. (Scarr, Thomas)
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                      Legal Document (Payment Possibly Required) 21 Filed: 12/27/2017, Entered: None Unknown Document Type
                      STRICKEN AND REMOVED PURSUANT TO THE 23 ORDER ENTERED 1/3/2018. (Modified on 1/3/2018 to note response has been stricken and removed pursuant to the #23 order) (mkw).
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                        Legal Document (Payment Possibly Required) 20 Filed: 12/21/2017, Entered: None Unknown Document Type
                        MEMORANDUM by Huntington Alloys Corporation in support of 19 MOTION by Huntington Alloys Corporation to Dismiss re: 18 AMENDED COMPLAINT by Taeger Osburn against Huntington Alloys Corporation (Scarr, Thomas)
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                          Legal Document (Payment Possibly Required) 19 Filed: 12/21/2017, Entered: None Unknown Document Type
                          MOTION by Huntington Alloys Corporation to Dismiss re: 18 AMENDED COMPLAINT by Taeger Osburn against Huntington Alloys Corporation (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Scarr, Thomas)
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                            Legal Document (Payment Possibly Required) 18 Filed: 12/21/2017, Entered: None Unknown Document Type
                            AMENDED COMPLAINT by Taeger Osburn against Huntington Alloys Corporation (Jarrell, Donald) (Modified on 12/24/2017 to convert event to complaint - amended) (ts).
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                              Legal Document (Payment Possibly Required) 17 Filed: 12/20/2017, Entered: None Unknown Document TypeCourt Filing
                              MEMORANDUM OPINION AND ORDER granting Plaintiff's 16 MOTION for Extension of Time to Amend; directing Plaintiff to file his Amended Complaint immediately; denying as moot Defendant's 15 MOTION to Dismiss. Signed by Judge Robert C. Chambers on 12/20/2017. (cc: counsel of record; any unrepresented parties) (hkl)
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                                Legal Document (Payment Possibly Required) 16 Filed: 12/19/2017, Entered: None Unknown Document Type
                                MOTION by Taeger Osburn to Extend Time to Amend Complaint Attached to 1 Notice of Removal (Attachment: # 1 Amended Complaint)(Jarrell, Donald) (Modified on 12/20/2017 to add link to #1 notice of removal) (ts).
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                                  Legal Document (Payment Possibly Required) 15 Filed: 12/14/2017, Entered: None Unknown Document Type
                                  MOTION by Precision Cast Corporation to Dismiss for Failure to Comply With Court's 14 Memorandum Opinion and Order and RENEWED MOTION to Dismiss Based Upon Naming of Improper Defendant and Statute of Limitations Under the NLRA re: Complaint Attached to 1 Notice of Removal. (Scarr, Thomas) (Modified on 12/15/2017 to add link to #1 notice of removal and #14 memorandum opinion and order) (ts).
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                                    Legal Document (Payment Possibly Required) 14 Filed: 11/30/2017, Entered: None Unknown Document TypeCourt Filing
                                    MEMORANDUM OPINION AND ORDER denying 7 MOTION by Taeger Osburn to Remand Case to Circuit Court of Cabell County; granting 8 MOTION by Taeger Osburn for Leave to Amend Complaint and/or Substitution of Parties; denying as moot 4 MOTION by Precision Cast Corporation to Dismiss Complaint; directing Plaintiff to file an Amended Complaint by 12/7/2017; canceling the scheduling conference scheduled for 12/18/2017 at 11:30 a.m. Signed by Judge Robert C. Chambers on 11/30/2017. (cc: attys; any unrepresented parties) (mkw)
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                                      Legal Document (Payment Possibly Required)  Filed: 11/29/2017, Entered: None Unknown Document Type
                                      NOTICE OF DOCKET CORRECTION re: 13 Rule 26(f) Report of Planning Meeting by Precision Cast Corporation, Taeger Osburn. ERROR: Rule 26(f) Report did not contain counsel's signature. CORRECTION: Signature added and image replaced. (ts)
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                                        Legal Document (Payment Possibly Required) 13 Filed: 11/29/2017, Entered: None Unknown Document Type
                                        RULE 26(f) REPORT OF PLANNING MEETING by Precision Cast Corporation, Taeger Osburn. (Frye, Michael) (Modified on 11/29/2017 to add party filer and to replace corrected image) (ts).
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                                          Legal Document (Payment Possibly Required) 12 Filed: 11/17/2017, Entered: None Unknown Document Type
                                          REPLY by Precision Cast Corporation to 8 Response in Opposition. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Scarr, Thomas) (Modified on 11/20/2017 to correct link to #8 motion)(ts).
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                                            Legal Document (Payment Possibly Required) 11 Filed: 11/17/2017, Entered: None Unknown Document Type
                                            RESPONSE by Precision Cast Corporation in opposition to 8 Response in Opposition (Scarr, Thomas)
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                                              Legal Document (Payment Possibly Required)  Filed: 11/15/2017, Entered: None Unknown Document Type
                                              NOTICE OF DOCKET CORRECTION re: 8 Response and Motion. ERROR: Memoranda in support attached. CORRECTION: Memoranda removed and filed using the event Memorandum in Support as entry #10. (ts)
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                                                Legal Document (Payment Possibly Required)  Filed: 11/15/2017, Entered: None Unknown Document Type
                                                NOTICE OF DOCKET CORRECTION re: #6 Response. ERROR: Response and supplement (attachment 1) filed incorrectly. CORRECTION: Images removed. (kp)
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                                                  Legal Document (Payment Possibly Required) 10 Filed: 11/13/2017, Entered: None Unknown Document Type
                                                  MEMORANDUM by Taeger Osburn in support of 8 RESPONSE by Taeger Osburn in opposition to 4 Motion by Precision Cast Corporation to Dismiss Complaint and MOTION by Taeger Osburn for Leave to Amend Complaint and/or Substitution of Parties. (ts) (Entered: 11/15/2017)
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                                                    Legal Document (Payment Possibly Required) 9 Filed: 11/13/2017, Entered: None Unknown Document Type
                                                    RESPONSE by Precision Cast Corporation re: 7 MOTION by Taeger Osburn to Remand Case to Circuit Court of Cabell County (Scarr, Thomas)
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                                                      Legal Document (Payment Possibly Required) 8 Filed: 11/13/2017, Entered: None Unknown Document Type
                                                      RESPONSE by Taeger Osburn in opposition to 4 MOTION by Precision Cast Corporation to Dismiss Complaint and MOTION by Taeger Osburn for Leave to Amend Complaint and/or Substitution of Parties (Jarrell, Donald) (Modified on 11/15/2017 to convert event to motion to amend and to remove memorandum in support and file it as entry #10) (ts).
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                                                        Legal Document (Payment Possibly Required) 7 Filed: 11/9/2017, Entered: None Unknown Document Type
                                                        MOTION by Taeger Osburn to Remand Case to Circuit Court of Cabell County (Attachment: # 1 Supplement)(Jarrell, Donald)
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                                                          Legal Document (Payment Possibly Required) 6 Filed: 11/9/2017, Entered: None Unknown Document Type
                                                          INCORRECT ENTRY; IMAGES REMOVED. (Modified on 11/15/2017 to remove images as incorrectly filed) (kp).
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                                                            Legal Document (Payment Possibly Required) 5 Filed: 10/30/2017, Entered: None Unknown Document Type
                                                            MEMORANDUM by Precision Cast Corporation in support of 4 MOTION by Precision Cast Corporation to Dismiss Complaint (Scarr, Thomas)
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                                                              Legal Document (Payment Possibly Required) 4 Filed: 10/30/2017, Entered: None Unknown Document Type
                                                              MOTION by Precision Cast Corporation to Dismiss Complaint Attached to 1 Notice of Removal (Scarr, Thomas) (Modified on 10/31/2017 to add link to #1 notice of removal) (ts).
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                                                                Legal Document (Payment Possibly Required) 3 Filed: 10/30/2017, Entered: None Unknown Document TypeCourt Filing
                                                                ORDER AND NOTICE: Rule 12(b) Motions 11/16/2017. Rule 26(f) Meeting 11/27/2017. Last day to file report of Rule 26(f) Meeting 12/4/2017. Scheduling/status Conference at 11:30 AM on 12/18/2017 in Huntington. Entry of Scheduling Order 12/26/2017. Last Day to make Rule 26(a)(1) disclosures 1/2/2018. Signed by Judge Robert C. Chambers on 10/30/2017. (cc: counsel of record; any unrepresented parties) (hkl)
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                                                                  Legal Document (Payment Possibly Required)  Filed: 10/27/2017, Entered: None Unknown Document Type
                                                                  CASE assigned to Judge Robert C. Chambers. (klc)
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                                                                    Legal Document (Payment Possibly Required) 2 Filed: 10/27/2017, Entered: None Unknown Document TypeCourt Filing
                                                                    STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: attys; any unrepresented party) (jsa)
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                                                                      Legal Document (Payment Possibly Required) 1 Filed: 10/27/2017, Entered: None Unknown Document Type
                                                                      NOTICE OF REMOVAL by Precision Cast Corporation with summons, complaint, notice of filing, docket sheet and other miscellaneous documents from Circuit Court of Cabell County. Filing Fee $400.00. Receipt #0425-6072594. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet) (jsa)
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