948CA7E et al v. Windstream Communications, LLC et al

Federal Civil Lawsuit West Virginia Southern District Court, Case No. 2:16-cv-03892
District Judge John T. Copenhaver, Jr., presiding
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District Judge John T. Copenhaver, Jr.
Last Updated July 30, 2025 at 2:41 AM EDT (4.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [948CA7E], Plaintiff

Represented by JIM LEACH

Name Phone Fax E-Mail
Space James Morgan Leach
Space James R. Leach jim@jrleach.com
Space Victoria J. Sopranik vicki@jrleach.com
No Logo Anonymized Party [EB834A6], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James R. Leach jim@jrleach.com
Space James Morgan Leach
Space Victoria J. Sopranik
v.
No Logo Anonymized Party [AB197B2], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jason David Bowles
Space Charles K. Gould
Space Lee Murray Hall
Space Nathanial A. Kuratomi
Space Kierston E. Rosen
No Logo Anonymized Party [C3881D5], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jason David Bowles
Space Charles K. Gould
Space Lee Murray Hall
Space Nathanial A. Kuratomi
Space Kierston E. Rosen
No Logo Does 1 and 2, Defendant
No Logo Jason Walnoha, Defendant

Represented by LAW OFFICES OF CHANIN W. KRIVONYAK

Name Phone Fax E-Mail
Space Linnsey M. Amores linnsey.amores@thehartford.com

Represented by PULLIN FOWLER FLANAGAN BROWN & POE

Name Phone Fax E-Mail
Space Chanin Wolfingbarger Krivonyak ckrivonyak@pffwv.com
No Logo Northwest Concrete Products, Inc., Defendant

Represented by JENKINS FENSTERMAKER

Name Phone Fax E-Mail
Space Jason David Bowles +1 304 399 9740 +1 304 523 2347 jdb@jenkinsfenstermaker.com
Space Charles K. Gould +1 304 523 2100 +1 304 523 2347 ckg@jenkinsfenstermaker.com
Space Lee Murray Hall +1 304 523 2100 +1 304 523 2347 lmh@jenkinsfenstermaker.com
Space Nathanial A. Kuratomi +1 304 523 2100 +1 304 523 2347 nak@jenkinsfenstermaker.com
Space Kierston E. Rosen +1 304 523 2100 +1 304 523 2347 ker@jenkinsfenstermaker.com
No Logo Trawick Construction Co., LLC, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Seth Patrick Hayes
Space Adam J. Schwendeman
No Logo Windstream Communications, LLC, Defendant

Represented by Jackson Kelly, PLLC

Name Phone Fax E-Mail
Space Seth Patrick Hayes shayes@jacksonkelly.com
Space Adam J. Schwendeman +1 304 340 1077 +1 304 340 1050 aschwendeman@jacksonkelly.com
Other Parties
No Logo Anonymized Party [64FECD1], Mediator
No Logo Anonymized Party [C4AB58E], Mediator
No Logo Anonymized Party [AB197B2], Cross defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jason David Bowles
Space Charles K. Gould
Space Lee Murray Hall
Space Nathanial A. Kuratomi
Space Kierston E. Rosen
No Logo Anonymized Party [C3881D5], Cross defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jason David Bowles
Space Charles K. Gould
Space Lee Murray Hall
Space Nathanial A. Kuratomi
Space Kierston E. Rosen
No Logo Northwest Concrete Products, Inc., Cross defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jason David Bowles
Space Charles K. Gould
Space Lee Murray Hall
Space Nathanial A. Kuratomi
Space Kierston E. Rosen
No Logo Trawick Construction Co., LLC, Cross defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Seth Patrick Hayes
Space Adam J. Schwendeman
No Logo Wal-comm LLC, Cross defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Linnsey M. Amores
Space Chanin Wolfingbarger Krivonyak
No Logo Windstream Communications, LLC, Cross defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Seth Patrick Hayes
Space Adam J. Schwendeman
No Logo Anonymized Party [E8DBB37], Cross claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Linnsey M. Amores
Space Chanin Wolfingbarger Krivonyak
No Logo Trawick Construction Co., LLC, Cross claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Seth Patrick Hayes
Space Adam J. Schwendeman
No Logo Greenwich Insurance Company, Underinsured motorist carrier

Represented by Nelson Mullins Riley & Scarborough, LLP

Name Phone Fax E-Mail
Space Megan Basham Davis +1 304 526 3500 +1 304 526 3599 megan.davis@nelsonmullins.com
Space Robert L. Massie +1 800 237 2000 +1 877 289 0000 bob.massie@nelsonmullins.com
No Logo John Doe Trucking Company, Third party defendant
No Logo Trawick Construction Co., LLC, Third party defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Seth Patrick Hayes
Space Adam J. Schwendeman
No Logo Universal Communications, Inc., Third party defendant
No Logo Wal-comm LLC, Third party defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Linnsey M. Amores
Space Chanin Wolfingbarger Krivonyak
No Logo Sedgwick Cms, Uninsured motorist carrier

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James R. Leach jim@jrleach.com
Space Robert L. Massie
Space Victoria J. Sopranik
The Hartford The Hartford, Uninsured motorist carrier

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James R. Leach jim@jrleach.com
Space Victoria J. Sopranik
No Logo Windstream Communications, LLC, Third party plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Seth Patrick Hayes
Space Adam J. Schwendeman
Attributes
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1332 Diversity-Personal Injury
Jurisdiction Diversity
Case Status closed
Jury Demand Defendant
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 259 Filed: 8/30/2018, Entered: None Court Filing
AGREED ORDER OF DISMISSAL directing that this action is DISMISSED WITH PREJUDICE with all parties to bear their own costs and attorney's fees. Signed by Judge John T. Copenhaver, Jr. on 8/30/2018. (cc: counsel of record) (taq)
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Legal Document (Payment Possibly Required) 258 Filed: 8/29/2018, Entered: None
PROPOSED ORDER Agreed Order of Dismissal by AB197B2, C3881D5, Northwest Concrete Products, Inc., 948CA7E6A6, Greenwich Insurance Company (Gould, Charles) (Modified on 8/29/2018 to add party filers) (kp).
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Legal Document (Payment Possibly Required) 257 Filed: 7/26/2018, Entered: None
NOTICE of Filing the Evidentiary Deposition of Mitchell Gerlaugh by 948CA7E6A6 (Attachments: # 1 Evidentiary Transcript of Mitchell Gerlaugh, # 2 Objection Log for Transcript of Mitchell Gerlaugh)(Leach, James)
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Legal Document (Payment Possibly Required) 256 Filed: 7/26/2018, Entered: None
SUPPLEMENTAL PROPOSED JURY INSTRUCTIONS by 948CA7E6A6 (Leach, James)
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Legal Document (Payment Possibly Required) 255 Filed: 7/25/2018, Entered: None
PROPOSED JURY INSTRUCTIONS by 948CA7E6A6 (Leach, James)
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Legal Document (Payment Possibly Required) 254 Filed: 7/25/2018, Entered: None
PROPOSED JURY INSTRUCTIONS AND VERDICT FORM by Defendants AB197B2, C3881D5, Northwest Concrete Products, Inc. (Kuratomi, Nathanial)
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Legal Document (Payment Possibly Required) 253 Filed: 7/24/2018, Entered: None
NOTICE OF APPEARANCE by James R. Leach for J. Morgan Leach on behalf of 948CA7E6A6. (Leach, James)
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Legal Document (Payment Possibly Required) 252 Filed: 7/24/2018, Entered: None
AMENDED CERTIFICATE OF SERVICE by 948CA7E6A6 for Motion to Take Judicial Notice of the Life Tables for White Males. (Leach, James)
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Legal Document (Payment Possibly Required) 251 Filed: 7/24/2018, Entered: None
NOTICE of Filing of Evidentiary Deposition of George Bal, M.D. by 948CA7E6A6 (Attachments: # 1 Deposition Transcript of Georg Bal, M.D., # 2 Objection Log for Transcript of Georg Bal, M.D.)(Leach, James)
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Legal Document (Payment Possibly Required) 250 Filed: 7/24/2018, Entered: None Court Filing
ORDER pursuant to the 243 MOTION to allow testimony by videoconferencing at trial; the court directs the taking of the testimony by video deposition prior to trial if feasible and, if not, the motion is granted, in which case the plaintiffs are directed to contact the court's automation department at (304) 347-3005 to make arrangements for videoconferencing at trial. Signed by Judge John T. Copenhaver, Jr. on 7/24/2018. (cc: counsel of record; court's automation department) (taq)
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Legal Document (Payment Possibly Required) 249 Filed: 7/24/2018, Entered: None Court Filing
INTEGRATED PRETRIAL ORDER. Signed by Judge John T. Copenhaver, Jr. on 7/24/2018. (cc: counsel of record; any unrepresented parties) (taq)
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Legal Document (Payment Possibly Required) 248 Filed: 7/23/2018, Entered: None Court Filing
MEMORANDUM OPINION AND ORDER denying plaintiffs' 220 MOTION for Summary Judgment; granting in part and denying in part defendants' 222 MOTION for Partial Summary Judgment; granted as to Counts X, XII, XIII, and XVI of the amended complaint which are dismissed and stricken; and denied as to Count IX. Signed by Judge John T. Copenhaver, Jr. on 7/23/2018. (cc: counsel of record) (taq)
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Legal Document (Payment Possibly Required) 247 Filed: 7/23/2018, Entered: None
AMENDED NOTICE TO TAKE DEPOSITION DUCES TECUM by AB197B2, C3881D5, Northwest Concrete Products, Inc. of Steven Belyus on July 24, 2018 at 11:00 a.m. (Kuratomi, Nathanial)
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Legal Document (Payment Possibly Required) 246 Filed: 7/23/2018, Entered: None
MOTION by 948CA7E6A6 to Take Judicial Notice of the Life Table for White Males (Attachment: # 1 Exhibit 1)(Leach, James)
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Legal Document (Payment Possibly Required) 245 Filed: 7/21/2018, Entered: None
NOTICE TO TAKE THE EVIDENTIARY DEPOSITION by 948CA7E6A6 of Mitchell Gerlaugh on July 23, 2018 at 3:00 p.m. (Leach, James)
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Legal Document (Payment Possibly Required) 244 Filed: 7/20/2018, Entered: None Court Filing
PRETRIAL CONFERENCE held by Judge John T. Copenhaver, Jr. on 7/20/2018. (tmr) (Modified on 7/23/2018 to replace image to remove court reporter information) (rea).
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Legal Document (Payment Possibly Required) 243 Filed: 7/19/2018, Entered: None
MOTION by 948CA7E6A6 to Allow Testimony by Video Conferencing at Trial (Leach, James)
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Legal Document (Payment Possibly Required) 242 Filed: 7/19/2018, Entered: None
NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL by Nathanial A. Kuratomi on behalf of AB197B2, C3881D5, Northwest Concrete Products, Inc. (Kuratomi, Nathanial)
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Legal Document (Payment Possibly Required) 241 Filed: 7/18/2018, Entered: None
MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc. for Release of Results of Juror Qualification Questionnaire (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 240 Filed: 7/16/2018, Entered: None
PROPOSED INTEGRATED PRETRIAL ORDER by AB197B2, C3881D5, Northwest Concrete Products, Inc., 948CA7E6A6. (Attachments: # 1 Defendants' Voir Dire, # 2 Plaintiffs' Voir Dire)(Rosen, Kierston) (Modified on 7/17/2018 to add party filers) (kp).
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Legal Document (Payment Possibly Required) 239 Filed: 7/13/2018, Entered: None Court Filing
NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY on 07/31/2018 through 8/3/2018 at Judge Copenhaver's courtroom for trial (Leach, James)
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Legal Document (Payment Possibly Required) 238 Filed: 7/3/2018, Entered: None
RESPONSE by AB197B2, C3881D5, Northwest Concrete Products, Inc. in opposition to 232 MOTION by 948CA7E6A6 in Limine to Permit Introduction of Evidence of Defendant Northwest Concrete Products, Inc.'s Financial Condition (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rosen, Kierston)
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Legal Document (Payment Possibly Required) 237 Filed: 7/3/2018, Entered: None
RESPONSE by 948CA7E6A6 in opposition to 234 MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc. in Limine to Exclude Evidence Regarding Any Alleged Failure to Report and/or Investigate on Behalf of Defendants (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Leach, James)
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Legal Document (Payment Possibly Required) 236 Filed: 7/3/2018, Entered: None
RESPONSE by AB197B2, C3881D5, Northwest Concrete Products, Inc. in opposition to 233 MOTION by 948CA7E6A6 in Limine to Exclude any Testimony or Evidence that Mitchell Gerlaugh was At Fault for this Incident (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosen, Kierston)
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Legal Document (Payment Possibly Required) 235 Filed: 6/28/2018, Entered: None
THIRD AMENDED NOTICE OF MEDIATION by AB197B2, C3881D5, Northwest Concrete Products, Inc. (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 234 Filed: 6/26/2018, Entered: None
MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc. in Limine to Exclude Evidence Regarding Any Alleged Failure to Report and/or Investigate on Behalf of Defendants (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Rosen, Kierston)
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Legal Document (Payment Possibly Required) 233 Filed: 6/26/2018, Entered: None
MOTION by 948CA7E6A6 in Limine to Exclude any Testimony or Evidence that Mitchell Gerlaugh was At Fault for this Incident (Leach, James)
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Legal Document (Payment Possibly Required) 232 Filed: 6/26/2018, Entered: None
MOTION by 948CA7E6A6 in Limine to Permit Introduction of Evidence of Defendant Northwest Concrete Products, Inc.'s Financial Condition (Leach, James)
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Legal Document (Payment Possibly Required) 231 Filed: 6/22/2018, Entered: None
NOTICE TO TAKE THE EVIDENTIARY DEPOSITION by 948CA7E6A6 of George Bal M.D. on July 17, 2018 at 5:00 p.m. (Leach, James)
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Legal Document (Payment Possibly Required) 230 Filed: 6/7/2018, Entered: None
SECOND AMENDED NOTICE OF MEDIATION by AB197B2, C3881D5, Northwest Concrete Products, Inc. (Rosen, Kierston)
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Blank  Filed: 6/6/2018, Entered: None
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) 229 Filed: 5/31/2018, Entered: None Court Filing
ORDER granting 217 MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc. to Compel Disclosure of Information Relating to Settlement Amount; directing plaintiffs to disclose the amount of their settlement with prior co-Defendant, Windstream Communications, LLC, before the close of business on 6/05/2018. Signed by Magistrate Judge Dwane L. Tinsley on 5/31/2018. (cc: counsel of record; any unrepresented parties) (kp)
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Legal Document (Payment Possibly Required) 228 Filed: 5/28/2018, Entered: None
REPLY by 948CA7E6A6 to 226 Response In Opposition. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Leach, James)
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Legal Document (Payment Possibly Required) 227 Filed: 5/22/2018, Entered: None
REPLY by AB197B2, C3881D5, Northwest Concrete Products, Inc. to 225 Response In Opposition. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Rosen, Kierston)
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Legal Document (Payment Possibly Required) 226 Filed: 5/20/2018, Entered: None
RESPONSE by AB197B2, C3881D5, Northwest Concrete Products, Inc. in opposition to 220 MOTION by 948CA7E6A6 for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rosen, Kierston)
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Legal Document (Payment Possibly Required) 225 Filed: 5/18/2018, Entered: None
RESPONSE by 948CA7E6A6 in opposition to 222 MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc. for Partial Summary Judgment (Attachments: # 1 49 CFR 393.95(f) Warning devices for stopped vehicles, # 2 49 CFR 392.22(b)(i-vi) Placement of warning devices, # 3 Commercial Drivers License Manual 2.20, # 4 AB197B2 Deposition, # 5 McCutcheon Deposition, # 6 Gerlaugh Deposition, # 7 Report of Stars Consulting and Belyus's C.V., # 8 Mefferd Deposition, # 9 Helm Deposition, # 10 EB834A6 or 948CA7E Deposition, # 11 157 CSR 5 Notice to Owners)(Leach, James)
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Blank  Filed: 5/17/2018, Entered: None
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. (mwk) (ADI)
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Legal Document (Payment Possibly Required) 224 Filed: 5/8/2018, Entered: None
AMENDED CERTIFICATE OF SERVICE by 948CA7E6A6 for Motion for Summary Judgment and Memorandum in Support of Motion for Summary Judgment. (Leach, James)
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Legal Document (Payment Possibly Required) 223 Filed: 5/7/2018, Entered: None
MEMORANDUM OF LAW by AB197B2, C3881D5, Northwest Concrete Products, Inc. in support of 222 MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc. for Partial Summary Judgment (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 222 Filed: 5/7/2018, Entered: None
MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc. for Partial Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Rosen, Kierston)
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Legal Document (Payment Possibly Required) 221 Filed: 5/7/2018, Entered: None
MEMORANDUM by 948CA7E6A6 in support of 220 MOTION by 948CA7E6A6 for Summary Judgment (Leach, James)
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Legal Document (Payment Possibly Required) 220 Filed: 5/7/2018, Entered: None
MOTION by 948CA7E6A6 for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Leach, James)
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Legal Document (Payment Possibly Required) 219 Filed: 5/3/2018, Entered: None
AMENDED NOTICE OF MEDIATION by AB197B2, C3881D5, Northwest Concrete Products, Inc. (Rosen, Kierston)
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Blank  Filed: 4/27/2018, Entered: None
MOTION REFERRED to Magistrate Judge Dwane L. Tinsley: 217 MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc. to Compel Disclosure of Information Relating to Settlement Amount. (kp)
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Legal Document (Payment Possibly Required) 218 Filed: 4/27/2018, Entered: None
MEMORANDUM by AB197B2, C3881D5, Northwest Concrete Products, Inc. in support of 217 MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc. to Compel Disclosure of Information Relating to Settlement Amount (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 217 Filed: 4/27/2018, Entered: None
MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc. to Compel Disclosure of Information Relating to Settlement Amount (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rosen, Kierston)
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Legal Document (Payment Possibly Required) 216 Filed: 4/19/2018, Entered: None
NOTICE OF MEDIATION by AB197B2, C3881D5, Northwest Concrete Products, Inc. (Rosen, Kierston)
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Blank  Filed: 4/15/2018, Entered: None
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) 215 Filed: 3/29/2018, Entered: None
AMENDED NOTICE TO TAKE DEPOSITION by AB197B2, C3881D5, Northwest Concrete Products, Inc. of Deborah Frost on April 20, 2018 at 10:00 a.m. (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 214 Filed: 3/29/2018, Entered: None
AMENDED NOTICE TO TAKE DEPOSITION by AB197B2, C3881D5, Northwest Concrete Products, Inc. of Steven Belyus on April 17, 2018 at 10:00 a.m. (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 213 Filed: 3/27/2018, Entered: None Court Filing
ORDER: Pursuant to the 211 joint motion to extend the date for the completion of expert discovery depositions; directing that the following dates are set as follows: Expert depositions to close by 4/25/2018. Dispositive Motions except those filed under Rule 12(b) due by 5/7/2018, with Responses due by 5/21/2018 and Replies due by 5/28/2018. Settlement Meeting to be held by 6/15/2018. Motions in Limine to be filed by 6/26/2018, with responses due by 7/3/2018. Plaintiffs' portion of proposed Pretrial Order to defendants due by 7/9/2018, and Proposed Integrated Pretrial Order due by 7/16/2018. Pretrial Conference set for 7/20/2018 at 10:00 a.m. in Charleston. Proposed Jury Charges due by 7/25/2018. Final Settlement Conference at 10:00 a.m. on 7/30/2018 in Charleston. Trial set for 7/31/2018 at 9:30 a.m. in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 3/27/2018. (cc: counsel of record; any unrepresented parties) (taq)
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Legal Document (Payment Possibly Required) 212 Filed: 3/27/2018, Entered: None
NOTICE TO TAKE THE DEPOSITION by 948CA7E6A6 of Jerry Pigman on April 16, 2018 at 10:00 a.m. and Request for Production of Documents (Leach, James)
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Legal Document (Payment Possibly Required) 211 Filed: 3/26/2018, Entered: None
JOINT MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc., EB834A6E7E to Amend 185 Scheduling Order. (Rosen, Kierston) (Modified on 3/26/2018 to add party filers) (kp).
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Legal Document (Payment Possibly Required) 210 Filed: 3/12/2018, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Responses to Defendants' First Set of Requests for Admissions. (Leach, James)
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Legal Document (Payment Possibly Required) 209 Filed: 3/12/2018, Entered: None
NOTICE TO TAKE DEPOSITION by AB197B2, C3881D5, Northwest Concrete Products, Inc. of 948CA7E on March 29, 2018 at 9:00 a.m. (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 208 Filed: 3/12/2018, Entered: None
NOTICE TO TAKE DEPOSITION by AB197B2, C3881D5, Northwest Concrete Products, Inc. of Deborah Frost on March 29, 2018 at 2:30 p.m. (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 207 Filed: 3/12/2018, Entered: None
NOTICE TO TAKE DEPOSITION by AB197B2, C3881D5, Northwest Concrete Products, Inc. of Steven Belyus on March 29, 2018 at 11:00 a.m. (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 206 Filed: 3/9/2018, Entered: None
CERTIFICATE OF SERVICE by AB197B2, C3881D5, Northwest Concrete Products, Inc. for Second Set of Interrogatories and Requests for Production of Documents to Plaintiffs. (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 205 Filed: 3/5/2018, Entered: None
AMENDED NOTICE TO TAKE THE DEPOSITION by 948CA7E6A6 of Mitchell B. Gerlaugh on March 27, 2018 at 9:00 a.m. (Leach, James)
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Legal Document (Payment Possibly Required) 204 Filed: 3/5/2018, Entered: None
AMENDED NOTICE TO TAKE THE DEPOSITION by 948CA7E6A6 of Austin Helm on March 27, 2018 at 10:00 a.m. and Request for Production of Documents (Leach, James)
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Legal Document (Payment Possibly Required) 203 Filed: 3/5/2018, Entered: None
AMENDED NOTICE TO TAKE THE DEPOSITION by 948CA7E6A6 of Northwest Logistics Heavy Haul's 30(b)(6) Representatives on March 27, 2018 at 12:30 p.m. (Leach, James)
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Legal Document (Payment Possibly Required) 202 Filed: 2/20/2018, Entered: None Court Filing
ORDER The 198 Motion for a Protective Order having been withdrawn on 2/13/2018 is stricken from the docket. Signed by Judge John T. Copenhaver, Jr. on 2/20/2018. (cc: counsel of record) (kp)
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Legal Document (Payment Possibly Required) 201 Filed: 2/16/2018, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Rebuttal Expert Witness Disclosure. (Leach, James)
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Legal Document (Payment Possibly Required) 200 Filed: 2/13/2018, Entered: None
CERTIFICATE OF SERVICE by Northwest Concrete Products, Inc., C3881D5, AB197B2 for First Set of Requests for Admissions to Plaintiff. (Gould, Charles) (Modified on 2/14/2018 to add party filers) (kp).
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Legal Document (Payment Possibly Required) 199 Filed: 2/13/2018, Entered: None
NOTICE OF WITHDRAWAL by Northwest Concrete Products, Inc. of 198 MOTION by Northwest Concrete Products, Inc. for Protective Order (Rosen, Kierston) (Modified on 2/13/2018 to add link to #198 motion) (kp).
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Legal Document (Payment Possibly Required) 198 Filed: 2/9/2018, Entered: None
STRICKEN PURSUANT TO THE 202 ORDER ENTERED 2/20/2018: MOTION by Northwest Concrete Products, Inc. for Protective Order (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Certificate of Service)(Gould, Charles) (Modified on 2/20/2018 to note order has been stricken) (kp).
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Legal Document (Payment Possibly Required) 197 Filed: 2/7/2018, Entered: None
NOTICE TO TAKE DEPOSITION by 948CA7E6A6 of Austin Helm on 2/16/2018 at 12:00 p.m. and Request for Production of Documents (Leach, James)
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Legal Document (Payment Possibly Required) 196 Filed: 2/7/2018, Entered: None
NOTICE TO TAKE RULE 30(b)(6) DEPOSITION by 948CA7E6A6 of Northwest Logistics Heavy Haul 30(b)6 Representative on 2/16/2018 at 3:00 p.m. and Request for Production of Documents (Leach, James)
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Legal Document (Payment Possibly Required) 195 Filed: 1/23/2018, Entered: None
NOTICE TO TAKE THE DEPOSITION by 948CA7E6A6 of Mitchell B. Gerlaugh on February 16, 2018 at 10:00 a.m. (Leach, James)
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Legal Document (Payment Possibly Required) 194 Filed: 1/19/2018, Entered: None
CERTIFICATE OF SERVICE by AB197B2, C3881D5, Northwest Concrete Products, Inc. for Joint Rule 26(a)(2) Disclosure. (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 193 Filed: 1/12/2018, Entered: None Court Filing
AGREED ORDER OF PARTIAL DISMISSAL pursuant to the 192 JOINT MOTION of partial dismissal; directing that the claims of plaintiffs, 948CA7E and EB834A6, against defendant Windstream Communications, LLC, are dismissed, with prejudice, and Windstream Communications, LLC is dismissed as party defendant from this action, with prejudice; the said plaintiffs' claims against any remaining defendants in the said action are unaffected by this order and the plaintiffs and defendant Windstream Communications, LLC to each bear their own costs and expenses in and about the prosecution and defense of the case against Windstream Communications, LLC. Signed by Judge John T. Copenhaver, Jr. on 1/12/2018. (cc: counsel of record; any unrepresented parties) (taq)
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Legal Document (Payment Possibly Required) 192 Filed: 1/10/2018, Entered: None
JOINT MOTION by Windstream Communications, LLC, EB834A6E7E of Partial Dismissal (Attachment: # 1 Proposed Order)(Schwendeman, Adam) (Modified on 1/10/2018 to add party filers) (kp).
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Legal Document (Payment Possibly Required) 191 Filed: 11/27/2017, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Responses to First Set of Discovery. (Leach, James)
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Legal Document (Payment Possibly Required) 190 Filed: 11/21/2017, Entered: None
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Victoria J. Sopranik updating name and/or firm information on behalf of 948CA7E6A6. (Sopranik, Victoria)
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Legal Document (Payment Possibly Required) 189 Filed: 11/21/2017, Entered: None
NOTICE OF CHANGE OF ATTORNEY INFORMATION by James R. Leach updating name and/or firm information on behalf of 948CA7E6A6. (Leach, James)
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Legal Document (Payment Possibly Required) 188 Filed: 11/20/2017, Entered: None
CERTIFICATE OF SERVICE by Northwest Concrete Products, Inc. for Answers and Responses to Plaintiffs' First Set of Interrogatories and Request for Production of Documents. (Hall, Lee)
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Legal Document (Payment Possibly Required) 187 Filed: 11/8/2017, Entered: None Court Filing
ORDER pursuant to the court's 185 scheduling order entered 11/6/2017, the plaintiffs' 114 motion to continue the trial and amend the scheduling order has been granted; and the motion removed from the docket of pending motions. Signed by Judge John T. Copenhaver, Jr. on 11/8/2017. (cc: counsel of record) (taq)
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Legal Document (Payment Possibly Required) 186 Filed: 11/8/2017, Entered: None Court Filing
ORDER granting the 184 motion by defendant Windstream Communications, LLC, to withdraw its motion for summary judgment and memorandum and documents in support thereof; the 95 MOTION for Summary Judgment and accompanying 96 , 100 , 101 documents are withdrawn without prejudice; denying as moot plaintiffs' 102 MOTION to file a surreply and 103 OBJECTION to the addendum by Windstream. Signed by Judge John T. Copenhaver, Jr. on 11/8/2017. (cc: counsel of record) (taq)
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Legal Document (Payment Possibly Required) 185 Filed: 11/6/2017, Entered: None Court Filing
ORDER: all existing deadlines are vacated and a new case schedule is set as follows: Discovery requests to be completed by 2/13/2018. Expert Witness List by parties bearing the burden of proof due by 12/15/2018, by party not bearing burden of proof due by 1/19/2018, and to solely contradict or rebut evidence due by 2/16/2018. Discovery to close by 3/30/2018. Dispositive Motions except those filed under Rule 12(b) due by 4/20/2018, with responses due by 5/4/2018 and replies due by 5/11/2018. Settlement Meeting to be held by 5/30/2018. Motions in Limine to be filed by 6/8/2018, with responses due by 6/15/2018. Plaintiffs' portion of proposed Pretrial Order to defendants due by 6/8/2018, Proposed Integrated Pretrial Order due by 6/15/2018. Pretrial Conference set for 6/22/2018 at 11:30 AM in Charleston before Judge John T. Copenhaver, Jr. Proposed Jury Charge due by 7/9/2018. Final Settlement Conference at 11:30 AM on 7/16/2018 in Charleston. Trial set for 7/17/2018 at 9:30 AM before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 11/6/2017. (cc: counsel of record; any unrepresented parties) (kp)
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Legal Document (Payment Possibly Required) 184 Filed: 11/6/2017, Entered: None
NOTICE OF WITHDRAWAL by Windstream Communications, LLC of 95 MOTION by Windstream Communications, LLC for Summary Judgment (Schwendeman, Adam) (Modified on 11/6/2017 to remove links to #96 memorandum, #100 reply and #101 response) (kp).
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Legal Document (Payment Possibly Required) 183 Filed: 11/3/2017, Entered: None Court Filing
SCHEDULING/STATUS CONFERENCE held by Judge John T. Copenhaver, Jr. on 11/3/2017. (tmr)
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Legal Document (Payment Possibly Required) 182 Filed: 11/2/2017, Entered: None
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Northwest Concrete Products, Inc. (Rosen, Kierston)
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Legal Document (Payment Possibly Required) 181 Filed: 10/31/2017, Entered: None Court Filing
ORDER re: 114 MOTION by 948CA7E6A6 to Continue the Trial and Amend the 37 Scheduling Order; the court orders a telephonic status conference to discuss the status and next steps in the case at 11:00 a.m. on 11/3/2017. Signed by Judge John T. Copenhaver, Jr. on 10/31/2017. (cc: counsel of record; any unrepresented parties) (taq)
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Legal Document (Payment Possibly Required) 180 Filed: 10/31/2017, Entered: None Court Filing
ORDER denying as moot 81 MOTION by E8DBB37 d/b/a Madison Cable Co. to dismiss the third-party complaint or, alternatively, to amend the scheduling order and 127 Motion by Trawick Construction Co., LLC to Dismiss 107 Amended Complaint; E8DBB37 and Trawick are no longer parties in this case. Signed by Judge John T. Copenhaver, Jr. on 10/31/2017. (cc: counsel of record; any unrepresented parties) (taq)
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Legal Document (Payment Possibly Required) 179 Filed: 10/31/2017, Entered: None Court Filing
ORDER dismissing without prejudice the 175 MOTION by Windstream Communications, LLC to Dismiss 38 Third Party Complaint Against Trawick Construction Co., LLC. Signed by Judge John T. Copenhaver, Jr. on 10/31/2017. (cc: counsel of record; any unrepresented parties) (taq)
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Legal Document (Payment Possibly Required) 178 Filed: 10/31/2017, Entered: None Court Filing
PARTIAL DISMISSAL ORDER pursuant to the parties' 176 Stipulation; directing that Defendant E8DBB37, d/b/a Madison Cable Co. is dismissed with prejudice from this action and, pursuant to Rule 41(a)(l(A)(ii) of the Federal Rules of Civil Procedure, Defendant Trawick Construction Co., LLC is dismissed without prejudice from this action. Signed by Judge John T. Copenhaver, Jr. on 10/31/2017. (cc: counsel of record; any unrepresented party) (taq)
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Legal Document (Payment Possibly Required) 177 Filed: 10/27/2017, Entered: None
CERTIFICATE OF SERVICE by AB197B2, C3881D5, Northwest Concrete Products, Inc. for First Set of Discovery Requests to Plaintiffs. (Hall, Lee)
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Legal Document (Payment Possibly Required) 176 Filed: 10/27/2017, Entered: None
STIPULATION OF VOLUNTARY DISMISSAL of E8DBB37, Trawick Construction Co., LLC by 948CA7E6A6, E8DBB37, Trawick Construction Co., LLC, Windstream Communications, LLC, Northwest Logisitics Heavy Haul, AB197B2, C3881D5 and Sedgwick CMS (Leach, James) (Modified on 10/30/2017 to convert event to stipulation of dismissal and to add party filers) (ts).
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Legal Document (Payment Possibly Required) 175 Filed: 10/27/2017, Entered: None
MOTION by Windstream Communications, LLC to Dismiss 38 Third Party Complaint Against Trawick Construction Co., LLC (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 174 Filed: 10/27/2017, Entered: None
RESPONSE by Windstream Communications, LLC to the Court's 173 Order. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 173 Filed: 10/20/2017, Entered: None Court Filing
ORDER denying plaintiffs' 165 MOTION for voluntary dismissal of defendants E8DBB37 d/b/a Madison Cable Co. and Trawick Construction Co., LLC, without prejudice; plaintiffs are invited to move by 10/30/2017 to dismiss E8DBB37 d/b/a Madison Cable Co. with prejudice and without conditions, if they so choose; the court orders Windstream Communications, LLC, as third-party plaintiff pursuant to its 38 third-party complaint filed on 11/21/2016, to file a response to the plaintiff's motion by 10/30/2017, indicating whether it consents to the dismissal of Trawick Construction Co., LLC. Signed by Judge John T. Copenhaver, Jr. on 10/20/2017. (cc: counsel of record; any unrepresented parties) (taq)
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Legal Document (Payment Possibly Required) 172 Filed: 10/20/2017, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for First Set of Interrogatories and Requests for Production of Documents Directed to Defendant Northwest Concrete Products, Inc. d/b/a Northwest Logistic Heavy Haul. (Leach, James)
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Legal Document (Payment Possibly Required) 171 Filed: 10/17/2017, Entered: None
CERTIFICATE OF SERVICE by Windstream Communications, LLC for Third Supplemental Responses to Plaintiff's First Set of Interrogatories and Requests for Production of Documents. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 170 Filed: 10/17/2017, Entered: None
CERTIFICATE OF SERVICE by Windstream Communications, LLC for Supplemental Responses to Defendant E8DBB37 dba Madison Cable Co.'s First Set of Requests for Production. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 169 Filed: 10/4/2017, Entered: None
RESPONSE by E8DBB37 to 165 MOTION by 948CA7E6A6 for Voluntary Dismissal of Defendants Trawick Construction, LLC and E8DBB37 (Amores, Linnsey)
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Legal Document (Payment Possibly Required) 168 Filed: 10/4/2017, Entered: None
AMENDED NOTICE OF MEDIATION by 948CA7E6A6 (Leach, James)
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Legal Document (Payment Possibly Required) 167 Filed: 9/20/2017, Entered: None
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Robert L. Massie substituting within-firm representation for Megan B. Davis on behalf of Greenwich Insurance Company. (Massie, Robert)
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Legal Document (Payment Possibly Required) 166 Filed: 9/7/2017, Entered: None Court Filing
ORDER denying Defendant Trawick Construction Co., LLC's 152 MOTION for Protective Order. Signed by Magistrate Judge Dwane L. Tinsley on 9/7/2017. (cc: counsel of record; any unrepresented party) (taq)
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Legal Document (Payment Possibly Required) 165 Filed: 9/1/2017, Entered: None
MOTION by 948CA7E6A6 for Voluntary Dismissal of Defendants Trawick Construction, LLC and E8DBB37 (Leach, James)
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Legal Document (Payment Possibly Required) 164 Filed: 8/28/2017, Entered: None
CERTIFICATE OF SERVICE by C3881D5 for Responses to Plaintiff's First Set of Requests for Admissions. (Hall, Lee)
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Legal Document (Payment Possibly Required) 163 Filed: 8/28/2017, Entered: None
CERTIFICATE OF SERVICE by AB197B2 for Responses to Plaintiff's First Set of Request for Admissions. (Hall, Lee)
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Legal Document (Payment Possibly Required) 162 Filed: 8/25/2017, Entered: None Court Filing
ORDER granting Defendant Windstream Communications, LLC's 160 Withdrawal of its Motion for Protective Order; denying as moot the 150 MOTION for Protective Order. Signed by Magistrate Judge Dwane L. Tinsley on 8/25/2017. (cc: counsel of record; any unrepresented party) (taq)
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Legal Document (Payment Possibly Required) 161 Filed: 8/24/2017, Entered: None Court Filing
TELEPHONIC STATUS CONFERENCE held by Judge John T. Copenhaver, Jr. on 8/24/2017; Court Reporter: Catherine Schutte-Stant. (tmr)
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Legal Document (Payment Possibly Required) 160 Filed: 8/24/2017, Entered: None
NOTICE of Withdrawal by Windstream Communications, LLC re: 150 MOTION by Windstream Communications, LLC for Protective Order (Hayes, Seth)
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Legal Document (Payment Possibly Required) 159 Filed: 8/24/2017, Entered: None
NOTICE of Withdrawal of Notice to Take Deposition of Rule 30(b)(6) Representative of Windstream Communications, LLC by 948CA7E6A6 re: 149 Notice to Take the Deposition of Rule 30(B)(6) Representatives from Defendant Windstream Communications, LLC (Leach, James)
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Legal Document (Payment Possibly Required) 158 Filed: 8/24/2017, Entered: None Court Filing
ORDER granting 141 JOINT MOTION to amend the 7/6/2017 123 scheduling order; directing that the period for discovery in this matter is deemed extended until 11/29/2017. Signed by Judge John T. Copenhaver, Jr. on 8/24/2017. (cc: counsel of record; any unrepresented parties) (taq)
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Legal Document (Payment Possibly Required) 157 Filed: 8/23/2017, Entered: None
RESPONSE by Trawick Construction Co., LLC re: 148 Notice to Take the Deposition of Rule 30(B)(6) Representatives of Trawick Construction Co., LLC and Request for Production of Documents (Hayes, Seth)
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Legal Document (Payment Possibly Required) 156 Filed: 8/23/2017, Entered: None
RESPONSE by Windstream Communications, LLC re: 149 Notice to Take Deposition of Rule 30(b)(6) Representatives from Windstream Communications, LLC and Request for Production of Documents (Hayes, Seth)
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Legal Document (Payment Possibly Required) 155 Filed: 8/22/2017, Entered: None
RESPONSE by 948CA7E6A6 in opposition to 152 MOTION by Trawick Construction Co., LLC for Protective Order (Leach, James) (Modified on 8/22/2017 to remove link to #153 memorandum in support) (ts).
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Legal Document (Payment Possibly Required) 154 Filed: 8/22/2017, Entered: None
RESPONSE by 948CA7E6A6 in opposition to 150 MOTION by Windstream Communications, LLC for Protective Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Leach, James)
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Blank  Filed: 8/18/2017, Entered: None
MOTIONS REFERRED to Magistrate Judge Dwane L. Tinsley: 150 MOTION by Windstream Communications, LLC for Protective Order and 152 MOTION by Trawick Construction Co., LLC for Protective Order. (kp)
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Legal Document (Payment Possibly Required) 153 Filed: 8/18/2017, Entered: None
MEMORANDUM by Trawick Construction Co., LLC in support of 152 MOTION by Trawick Construction Co., LLC for Protective Order (Hayes, Seth)
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Legal Document (Payment Possibly Required) 152 Filed: 8/18/2017, Entered: None
MOTION by Trawick Construction Co., LLC for Protective Order (Attachment: # 1 Exhibit A)(Hayes, Seth)
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Legal Document (Payment Possibly Required) 151 Filed: 8/18/2017, Entered: None
MEMORANDUM by Windstream Communications, LLC in support of 150 MOTION by Windstream Communications, LLC for Protective Order (Hayes, Seth)
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Legal Document (Payment Possibly Required) 150 Filed: 8/18/2017, Entered: None
MOTION by Windstream Communications, LLC for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hayes, Seth)
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Legal Document (Payment Possibly Required) 149 Filed: 8/10/2017, Entered: None
NOTICE TO TAKE THE DEPOSITION OF RULE 30(B)(6) REPRESENTATIVES AND AND REQUEST FOR PRODUCTION OF DOCUMENTS by 948CA7E6A6 of Windstream Communications, LLC on August 24, 2017 at 10:00 a.m. (Leach, James)
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Legal Document (Payment Possibly Required) 148 Filed: 8/10/2017, Entered: None
NOTICE TO TAKE THE DEPOSITION OF RULE 30(B)(6) REPRESENTATIVES AND REQUEST FOR PRODUCTION OF DOCUMENTS by 948CA7E6A6 of Trawick Construction Co., LLC dba Trawick Construction Co. Inc. on August 25, 2017 at 10:00 a.m. (Leach, James)
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Legal Document (Payment Possibly Required) 147 Filed: 8/10/2017, Entered: None
NOTICE TO TAKE THE DEPOSITION OF RULE 30(B)(6) REPRESENTATIVES AND REQUEST FOR PRODUCTION OF DOCUMENTS by 948CA7E6A6 of Jason Walhona dba Madison Cable Co. on August 25, 2017 at 2:00 p.m. (Leach, James)
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Legal Document (Payment Possibly Required) 146 Filed: 8/10/2017, Entered: None
ANSWER TO 118 Crossclaim by C3881D5.(Hall, Lee)
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Legal Document (Payment Possibly Required) 145 Filed: 8/10/2017, Entered: None
ANSWER TO 118 Crossclaim by AB197B2.(Hall, Lee)
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Legal Document (Payment Possibly Required) 144 Filed: 8/10/2017, Entered: None
ANSWER TO 118 Crossclaim by Northwest Concrete Products, Inc. (Hall, Lee)
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Legal Document (Payment Possibly Required) 143 Filed: 8/7/2017, Entered: None
CERTIFICATE OF SERVICE by Windstream Communications, LLC for Responses to Madison Cable's First Set of Requests for Production. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 142 Filed: 8/7/2017, Entered: None
CERTIFICATE OF SERVICE by Trawick Construction Co., LLC for Responses to Madison Cable's First Set of Requests for Production. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 141 Filed: 8/3/2017, Entered: None
JOINT MOTION by AB197B2, C3881D5, Northwest Concrete Products, Inc. to Amend 37 Scheduling Order (Hall, Lee) (Modified on 8/3/2017 to remove link to #8 scheduling order) (kp).
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Legal Document (Payment Possibly Required) 140 Filed: 7/28/2017, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for First Requests for Admission to Defendant AB197B2. (Leach, James)
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Legal Document (Payment Possibly Required) 139 Filed: 7/28/2017, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for First Requests for Admission to Defendant C3881D5. (Leach, James)
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Legal Document (Payment Possibly Required) 138 Filed: 7/28/2017, Entered: None
SUMMONS RETURNED EXECUTED for C3881D5, re: 107 Amended Complaint. C3881D5 served on 7/6/2017, answer due 7/27/2017. (Leach, James)
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Legal Document (Payment Possibly Required) 137 Filed: 7/28/2017, Entered: None
SUMMONS RETURNED EXECUTED for E8DBB37, re: 107 Amended Complaint. E8DBB37 served on 6/24/2017, answer due 7/17/2017. (Leach, James)
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Legal Document (Payment Possibly Required) 136 Filed: 7/28/2017, Entered: None
SUMMONS RETURNED EXECUTED for AB197B2, re: 107 Amended Complaint. AB197B2 served on 6/24/2017, answer due 7/28/2017. (Leach, James)
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Legal Document (Payment Possibly Required) 135 Filed: 7/28/2017, Entered: None
SUMMONS RETURNED EXECUTED for Trawick Construction Co., LLC, re: 107 Amended Complaint. Trawick Construction Co., LLC served on 6/26/2017, answer due 7/24/2017. (Leach, James)
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Legal Document (Payment Possibly Required) 134 Filed: 7/28/2017, Entered: None
ANSWER TO 107 Amended Complaint by AB197B2. (Hall, Lee)
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Legal Document (Payment Possibly Required) 133 Filed: 7/28/2017, Entered: None
ANSWER TO 107 Amended Complaint by C3881D5. (Hall, Lee)
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Legal Document (Payment Possibly Required) 132 Filed: 7/28/2017, Entered: None
ANSWER TO 107 Amended Complaint with Jury Demand by Northwest Concrete Products, Inc. (Hall, Lee)
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Legal Document (Payment Possibly Required) 131 Filed: 7/28/2017, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Plaintiffs' Responses to Defendant E8DBB37 d/b/a Madison Cable Co.'s First Set of Requests for Production to Plaintiffs. (Leach, James)
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Legal Document (Payment Possibly Required) 130 Filed: 7/27/2017, Entered: None
STIPULATION EXTENDING TIME The deadline for Northwest Concrete Products, Inc., Stephen McCutcheon and AB197B2 to answer or otherwise respond to the 107 Amended Complaint is extended to July 28, 2017 by AB197B2, C3881D5, Northwest Concrete Products, Inc., EB834A6E7E (Hall, Lee) (Modified on 7/27/2017 to add party filers) (kp).
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Legal Document (Payment Possibly Required) 129 Filed: 7/25/2017, Entered: None
RESPONSE by 948CA7E6A6 in opposition to 127 MOTION by Trawick Construction Co., LLC to Dismiss 107 Amended Complaint (Leach, James) (Modified on 7/25/2017 to remove link to #128 memorandum) (kp).
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Legal Document (Payment Possibly Required) 128 Filed: 7/24/2017, Entered: None
MEMORANDUM by Trawick Construction Co., LLC in support of 127 MOTION by Trawick Construction Co., LLC to Dismiss 107 Amended Complaint. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 127 Filed: 7/24/2017, Entered: None
MOTION by Trawick Construction Co., LLC to Dismiss 107 Amended Complaint. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 126 Filed: 7/20/2017, Entered: None
ANSWER TO 118 Crossclaim by Trawick Construction Co., LLC.(Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 125 Filed: 7/20/2017, Entered: None
ANSWER TO 118 Crossclaim by Windstream Communications, LLC.(Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 124 Filed: 7/17/2017, Entered: None
STIPULATION EXTENDING TIME for Defendant Trawick to Answer 107 Amended Complaint to July 24, 2017 by Windstream Communications, LLC, Trawick Construction Co., LLC, EB834A6E7E (Hayes, Seth) (Modified on 7/17/2017 to add party filers and to add link to # 107 amended complaint) (kp).
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Legal Document (Payment Possibly Required) 123 Filed: 7/6/2017, Entered: None Court Filing
ORDER pursuant to the court's 7/3/2017 121 Order and conference on 6/30/2017; the parties having agreed to a 60-day extension of the discovery deadline; directing that the period for discovery in this matter is deemed extended until 8/29/2017. Signed by Judge John T. Copenhaver, Jr. on 7/6/2017. (cc: counsel of record; any unrepresented parties) (taq)
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Legal Document (Payment Possibly Required) 121 Filed: 7/3/2017, Entered: None Court Filing
ORDER for reasons discussed at the 6/30/2017 status conference and for reasons appearing to the court; directing that the period for discovery in this matter be extended until 9/29/2017; the remaining deadlines of the revised scheduling order will be entered at that time. Signed by Judge John T. Copenhaver, Jr. on 7/3/2017. (cc: counsel of record) (taq)
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Legal Document (Payment Possibly Required) 122 Filed: 6/30/2017, Entered: 7/5/2017 Court Filing
STATUS CONFERENCE held by Judge John T. Copenhaver, Jr. on 6/30/2017. (mek) (Modified on 7/7/2017 to correct date hearing held) (rea).
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Legal Document (Payment Possibly Required) 120 Filed: 6/29/2017, Entered: None
CERTIFICATE OF SERVICE by E8DBB37 for First Set of Requests for Production to Windstream Communications, LLC and Trawick Construction Co., LLC d/b/a Trawick Construction Company, Inc.(Amores, Linnsey)
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Legal Document (Payment Possibly Required) 119 Filed: 6/29/2017, Entered: None
CERTIFICATE OF SERVICE by E8DBB37 for First Set of Requests for Production to Plaintiffs. (Amores, Linnsey)
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Legal Document (Payment Possibly Required) 118 Filed: 6/29/2017, Entered: None
CROSSCLAIM by Defendant E8DBB37 against Defendants Windstream Communications, LLC, Northwest Concrete Products, Inc., C3881D5, AB197B2, Trawick Construction Co., LLC, and Does 1 and 2 (Amores, Linnsey)
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Legal Document (Payment Possibly Required) 117 Filed: 6/29/2017, Entered: None
ANSWER TO 107 Amended Complaint by E8DBB37. (Amores, Linnsey)
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Legal Document (Payment Possibly Required) 116 Filed: 6/23/2017, Entered: None
ANSWER TO 107 AMENDED COMPLAINT with Jury Demand by Windstream Communications, LLC. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 115 Filed: 6/23/2017, Entered: None Court Filing
ORDER pursuant to the pretrial conference scheduled for 1:00 p.m. on 6/30/2017; directing that the pretrial conference will proceed as a status conference. Signed by Judge John T. Copenhaver, Jr. on 6/23/2017. (cc: counsel of record) (taq)
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Legal Document (Payment Possibly Required) 114 Filed: 6/19/2017, Entered: None
MOTION by 948CA7E6A6 to Continue the Trial and Amend 37 Scheduling Order (Leach, James). (Modified on 6/20/2017 to add link to the # 37 order) (kp).
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Legal Document (Payment Possibly Required) 113 Filed: 6/19/2017, Entered: None
ELECTRONIC SUMMONS ISSUED as to AB197B2, C3881D5, Northwest Concrete Products, Inc., Trawick Construction Co., LLC, E8DBB37, re: 107 Amended Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons as to AB197B2, # 2 Summons as to Northwest Concrete Products, Inc., # 3 Summons as to C3881D5, # 4 Summons as to Trawick Construction Co., LLC) (kp)
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Legal Document (Payment Possibly Required) 112 Filed: 6/16/2017, Entered: None
SUMMONS SUBMITTED by 948CA7E6A6 for Trawick Construction Co., LLC re: 107 Amended Complaint. (Leach, James)
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Legal Document (Payment Possibly Required) 111 Filed: 6/16/2017, Entered: None
SUMMONS SUBMITTED by 948CA7E6A6 for C3881D5 re: 107 Amended Complaint. (Leach, James)
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Legal Document (Payment Possibly Required) 110 Filed: 6/16/2017, Entered: None
SUMMONS SUBMITTED by 948CA7E6A6 for Northwest Concrete Products, Inc. re: 107 Amended Complaint. (Leach, James)
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Legal Document (Payment Possibly Required) 109 Filed: 6/16/2017, Entered: None
SUMMONS SUBMITTED by 948CA7E6A6 for AB197B2 re: 107 Amended Complaint. (Leach, James)
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Legal Document (Payment Possibly Required) 108 Filed: 6/16/2017, Entered: None
SUMMONS SUBMITTED by 948CA7E6A6 for Jason L. E8DBB37 re: 107 Amended Complaint. (Leach, James)
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Legal Document (Payment Possibly Required) 107 Filed: 6/9/2017, Entered: None
AMENDED COMPLAINT by 948CA7E6A6 amending the complaint attached to 1 Notice of Removal, against Windstream Communications, LLC, Northwest Concrete Products, Inc., C3881D5, AB197B2, Trawick Construction Co., LLC, E8DBB37. (filed pursuant to 106 order) (taq)
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Legal Document (Payment Possibly Required) 106 Filed: 6/9/2017, Entered: None Court Filing
ORDER granting plaintiffs' 92 MOTION to amend. Signed by Judge John T. Copenhaver, Jr. on 6/9/2017. (cc: counsel of record; any unrepresented parties) (taq)
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Legal Document (Payment Possibly Required) 105 Filed: 5/22/2017, Entered: None
RESPONSE by Windstream Communications, LLC in opposition to 102 MOTION by 948CA7E6A6 to File Surreply to Windstream Communications, LLC's Reply Memorandum in Support of its Motion for Summary Judgment and for Sanctions (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 104 Filed: 5/17/2017, Entered: None
NOTICE of Mediation by Windstream Communications, LLC (Hayes, Seth)
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Legal Document (Payment Possibly Required) 103 Filed: 5/8/2017, Entered: None
OBJECTION by 948CA7E6A6 to 101 ADDENDUM by Windstream Communications, LLC to 100 Reply to Response and MEMORANDUM IN SUPPORT of the 102 MOTION by 948CA7E6A6 to File Surreply to Windstream Communications, LLC's Reply Memorandum in Support of its Motion for Summary Judgment and for Sanctions (Leach, James) (Modified on 5/9/2017 to add link to # 101 Addendum) (ts).
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Legal Document (Payment Possibly Required) 102 Filed: 5/8/2017, Entered: None
MOTION by 948CA7E6A6 to File Surreply to Windstream Communications, LLC's Reply Memorandum in Support of its Motion for Summary Judgment and for Sanctions (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Leach, James)
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Legal Document (Payment Possibly Required) 101 Filed: 5/8/2017, Entered: None
ADDENDUM by Windstream Communications, LLC to 100 Reply to Response. (Attachment: # 1 Exhibit A)(Hayes, Seth)
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Legal Document (Payment Possibly Required) 100 Filed: 5/1/2017, Entered: None
REPLY MEMORANDUM by Windstream Communications, LLC to 98 Response In Opposition. (Attachment: # 1 Exhibits A-E)(Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 99 Filed: 4/25/2017, Entered: None
REPLY by 948CA7E6A6 to 97 Response In Opposition. (Attachment: # 1 Exhibits 1 - 4)(Leach, James)
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Legal Document (Payment Possibly Required) 98 Filed: 4/24/2017, Entered: None
RESPONSE by 948CA7E6A6 in opposition to 95 MOTION by Windstream Communications, LLC for Summary Judgment (Attachments: # 1 Exhibits 1 through 3, # 2 Exhibits 4 through 11)(Leach, James)
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Legal Document (Payment Possibly Required) 97 Filed: 4/18/2017, Entered: None
RESPONSE by Windstream Communications, LLC in opposition to 92 MOTION by 948CA7E6A6 to Amend the Complaint (Attachment: # 1 Exhibits A-F)(Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 96 Filed: 4/10/2017, Entered: None
MEMORANDUM by Windstream Communications, LLC in support of 95 MOTION by Windstream Communications, LLC for Summary Judgment (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 95 Filed: 4/10/2017, Entered: None
MOTION by Windstream Communications, LLC for Summary Judgment (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-G, # 3 Exhibit H-J) (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 94 Filed: 4/7/2017, Entered: None
NOTICE OF APPEARANCE AND ANSWER TO 38 Third Party Complaint by Greenwich Insurance Company. (Massie, Robert) (Modified on 4/10/2017 to correct party filer) (ts).
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Legal Document (Payment Possibly Required) 93 Filed: 4/4/2017, Entered: None
MEMORANDUM by 948CA7E6A6 in support of 92 MOTION by 948CA7E6A6 to Amend the Complaint Attached to 1 Notice of Removal (Leach, James)
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Legal Document (Payment Possibly Required) 92 Filed: 4/4/2017, Entered: None
MOTION by 948CA7E6A6 to Amend the Complaint Attached to 1 Notice of Removal (Attachments: # 1 Proposed Amended Complaint, # 2 Exhibits 1 through 5, # 3 Exhibits 6 through 16) (Leach, James) (Modified on 4/5/2017 to add link to the # 1 notice of removal) (kp).
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Legal Document (Payment Possibly Required) 91 Filed: 3/29/2017, Entered: None
NOTICE OF DISMISSAL as to Third-Party Defendant E8DBB37 d/b/a Madison Cable Co., by Trawick Construction Co., LLC pursuant to Rule 41(a)(1)(A)(i), Federal Rules of Civil Procedure (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 90 Filed: 3/29/2017, Entered: None
NOTICE OF DISMISSAL as to Third-Party Defendants E8DBB37 d/b/a Madison Cable Co., Universal Communications, Inc. and John Doe Trucking Company by Windstream Communications, LLC pursuant to Rule 41(a)(1)(A)(i), Federal Rules of Civil Procedure (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 89 Filed: 3/20/2017, Entered: None
CERTIFICATE OF SERVICE by Windstream Communications, LLC for Responses to Plaintiffs' Third Set of Interrogatories and Requests for Production of Documents (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 88 Filed: 3/20/2017, Entered: None
CERTIFICATE OF SERVICE by Windstream Communications, LLC for Responses to Plaintiffs' Second Request for Admission (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 87 Filed: 3/20/2017, Entered: None
RETURN OF SERVICE ON SUBPOENA for Stephen McCutcheon. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 86 Filed: 3/16/2017, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Supplemental Responses to Defendant, Windstream Communications, LLC's First Set of Interrogatories and Request for Production of Documents (Leach, James)
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Legal Document (Payment Possibly Required) 85 Filed: 3/16/2017, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Responses to Defendant, Windstream Communications, LLC's Fourth Request for Production of Documents (Leach, James)
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Legal Document (Payment Possibly Required) 84 Filed: 3/16/2017, Entered: None
RETURN OF SERVICE ON SUBPOENA for Steven Demaske. (Leach, James)
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Legal Document (Payment Possibly Required) 83 Filed: 3/16/2017, Entered: None
AMENDED NOTICE TO TAKE THE DEPOSITION by 948CA7E6A6 of Steven P. Demaske on March 23, 2017 at 10:00 a.m. (Leach, James)
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Legal Document (Payment Possibly Required) 82 Filed: 3/15/2017, Entered: None
MEMORANDUM OF LAW by Wal-comm LLC in support of 81 MOTION by Wal-comm LLC to Dismiss 38 Third Party Complaint, or Alternatively MOTION by Wal-comm LLC to Amend the 37 Scheduling Order (Amores, Linnsey) (Modified on 3/16/2017 to remove the attachment as a duplicate of the motion filed at entry # 81) (ts).
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Legal Document (Payment Possibly Required) 81 Filed: 3/15/2017, Entered: None
MOTION by Wal-comm LLC to Dismiss 38 Third Party Complaint, or Alternatively MOTION by Wal-comm LLC to Amend the 37 Scheduling Order (Amores, Linnsey). (Modified on 3/16/2017 to add link to #38 third party complaint, to add motion to amend and to add link to #37 order) (ts).
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Legal Document (Payment Possibly Required) 80 Filed: 3/14/2017, Entered: None
RETURN OF SERVICE ON SUBPOENA for AB197B2. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 79 Filed: 3/13/2017, Entered: None
AMENDED NOTICE OF DEPOSITION by Windstream Communications, LLC of Stephen McCutcheon on March 24, 2017 at 1:00 p.m. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 78 Filed: 3/9/2017, Entered: None
AMENDED NOTICE OF DEPOSITION by Windstream Communications, LLC of AB197B2 on March 17, 2017 at 10:30 a.m. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 77 Filed: 3/3/2017, Entered: None
STIPULATION EXTENDING DEADLINE FOR ANSWER to 38 Third Party Complaint to March 20,2017 by Wal-comm LLC, Windstream Communications, LLC (Krivonyak, Chanin) (Modified on 3/6/2017 to add link to the # 38 complaint) (kp).
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Legal Document (Payment Possibly Required) 76 Filed: 3/3/2017, Entered: None
STIPULATION re: Third Party Defendant by Wal-comm LLC, Windstream Communications, LLC (Krivonyak, Chanin)
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Legal Document (Payment Possibly Required) 75 Filed: 3/3/2017, Entered: None
NOTICE OF APPEARANCE by Chanin Wolfingbarger Krivonyak, Linnsey A. Amores on behalf of Wal-comm LLC. (Krivonyak, Chanin)
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Blank  Filed: 3/1/2017, Entered: None
NOTICE OF DOCKET CORRECTION re: 70 and 71 Notices of Deposition by Windstream Communications, LLC of Stephen McCutcheon and AB197B2. ERROR: Images did not contain counsel's signature. CORRECTION: Unsigned images removed and replaced with signed images. (skh)
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Legal Document (Payment Possibly Required) 74 Filed: 2/28/2017, Entered: None
NOTICE OF DEPOSITION DUCES TECUM by Windstream Communications, LLC of Laurence Lehman, P.E. on a date and time to be determined (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 73 Filed: 2/28/2017, Entered: None
NOTICE OF DEPOSITION DUCES TECUM by Windstream Communications, LLC of Daniel L. Selby, MBA, CPA, CFF, CVA on a date and time to be determined (Schwendeman, Adam) Modified on 3/1/2017 (ts).
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Legal Document (Payment Possibly Required) 72 Filed: 2/28/2017, Entered: None
NOTICE OF DEPOSITION DUCES TECUM by Windstream Communications, LLC of Deborah S. Frost, MS, CRC, LPC, QRP on a date and time to be determined (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 71 Filed: 2/28/2017, Entered: None
NOTICE OF DEPOSITION by Windstream Communications, LLC of AB197B2 on a date and time to be determined (Schwendeman, Adam) (Modified on 3/1/2017 to remove and replace unsigned image) (skh).
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Legal Document (Payment Possibly Required) 70 Filed: 2/28/2017, Entered: None
NOTICE OF DEPOSITION by Windstream Communications, LLC of Stephen McCutcheon on a date and time to be determined (Schwendeman, Adam) (Modified on 3/1/2017 to remove and replace unsigned image) (skh).
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Legal Document (Payment Possibly Required) 69 Filed: 2/27/2017, Entered: None
THIRD PARTY SUMMONS AND NOTICE ACCEPTED FOR SERVICE BY SECRETARY OF STATE re: 38 Third Party Complaint. Accepted by Secretary of State on 2/21/2017 as to The Hartford; answer deadline previously set for 3/14/2017. (taq)
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Legal Document (Payment Possibly Required) 68 Filed: 2/24/2017, Entered: None
ANSWER TO 38 Third Party Complaint by Trawick Construction Co., LLC and CROSSCLAIM by Defendant Trawick Construction Co., LLC against Defendant Wal-comm LLC.(Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 67 Filed: 2/24/2017, Entered: None
CERTIFICATE OF SERVICE by Windstream Communications, LLC for Second Supplemental Responses to Plaintiffs' First Set of Interrogatories and Request for Production of Documents. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 66 Filed: 2/21/2017, Entered: None
THIRD PARTY SUMMONS RETURNED EXECUTED by Personal Service for The Hartford re: 38 Third Party Complaint. The Hartford served on 2/21/2017, answer due 3/14/2017. Summons served on Mr. Stamper. (Leach, James) (Modified on 2/21/2017 to add link to #38 third party complaint)(skh).
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Legal Document (Payment Possibly Required) 65 Filed: 2/21/2017, Entered: None
THIRD PARTY SUMMONS RETURNED EXECUTED by Personal Service for Sedgwick CMS re: 38 Third Party Complaint. Sedgwick CMS served on 2/21/2017, answer due 3/14/2017. Summons served on Mr. Stamper. (Leach, James) (Modified on 2/21/2017 to add link to #38 third party complaint)(skh).
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Legal Document (Payment Possibly Required) 64 Filed: 2/20/2017, Entered: None
CERTIFICATE OF SERVICE by Windstream Communications, LLC for Rule 26(a)(2) Expert Witness Disclosures (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 63 Filed: 2/17/2017, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Second Request for Admission. (Leach, James)
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Legal Document (Payment Possibly Required) 62 Filed: 2/17/2017, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Third Set of Interrogatories and Requests for Production of Documents to Defendant Windstream Communications, LLC (Leach, James)
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Legal Document (Payment Possibly Required) 61 Filed: 2/16/2017, Entered: None
SUMMONS RETURNED EXECUTED by Personal Service for Wal-comm LLC. Wal-comm LLC served on 2/13/2017, answer due 3/6/2017. Summons served on E8DBB37. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 60 Filed: 2/15/2017, Entered: None
ELECTRONIC SUMMONS ISSUED as to The Hartford, Sedgwick CMS, re: 38 Third Party Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: # 1 Summons as to Sedgwick CMS) (skh)
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Legal Document (Payment Possibly Required) 59 Filed: 2/8/2017, Entered: None
THIRD PARTY SUMMONS SUBMITTED by 948CA7E6A6 for The Hartford, re: 57 Notice, 38 Third Party Complaint. (Leach, James)
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Legal Document (Payment Possibly Required) 58 Filed: 2/8/2017, Entered: None
THIRD PARTY SUMMONS SUBMITTED by 948CA7E6A6 for Sedgwick CMS, re: 56 Notice, 38 Third Party Complaint. (Leach, James)
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Legal Document (Payment Possibly Required) 57 Filed: 2/8/2017, Entered: None
NOTICE Pursuant to West Virginia Code Section 33-6-31(d) to The Hartford by 948CA7E6A6 re: 38 Third Party Complaint (Leach, James)
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Legal Document (Payment Possibly Required) 56 Filed: 2/8/2017, Entered: None
NOTICE Pursuant to West Virginia Code Section 33-6-31(d) to Sedgwick CMS by 948CA7E6A6 re: 38 Third Party Complaint (Leach, James)
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Legal Document (Payment Possibly Required) 55 Filed: 2/6/2017, Entered: None
CERTIFICATE OF SERVICE by Windstream Communications, LLC for Fourth Request for Production of Documents to Plaintiffs. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 54 Filed: 1/20/2017, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Expert Witness Disclosures. (Leach, James)
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Legal Document (Payment Possibly Required) 53 Filed: 1/9/2017, Entered: None
NOTICE TO TAKE THE DEPOSITION by 948CA7E6A6 of Robert Legg on January 17, 2017 at 12:00 p.m. (Leach, James)
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Legal Document (Payment Possibly Required) 52 Filed: 1/4/2017, Entered: None
CERTIFICATE OF SERVICE filed by Windstream Communications, LLC for Second Supplemental Responses to Plaintiffs' Second Set of Requests for Production of Documents (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 51 Filed: 1/4/2017, Entered: None
RETURN OF SERVICE ON SUBPOENA for B. J. Taylor. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 50 Filed: 1/4/2017, Entered: None
NOTICE OF DEPOSITION by Windstream Communications, LLC of B. J. Taylor on January 17, 2017 at 10:00 a.m. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 49 Filed: 12/29/2016, Entered: None
CERTIFICATE OF SERVICE filed by Windstream Communications, LLC for Responses to Plaintiffs' Second Set of Interrogatories and Requests for Production of Documents (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 48 Filed: 12/20/2016, Entered: None
CERTIFICATE OF SERVICE filed by 948CA7E6A6 for Supplemental Responses to Defendant Windstream Communications, LLC'S First Requests for Admissions, Second Set of Interrogatories and Request for Production of Documents (Leach, James)
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Legal Document (Payment Possibly Required) 47 Filed: 12/7/2016, Entered: None
CERTIFICATE OF SERVICE filed by Windstream Communications, LLC for Responses to Plaintiffs' Second Set of Interrogatories and Request for Production of Documents (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 46 Filed: 12/6/2016, Entered: None
STIPULATION extending time to December 23, 2016 for Defendant Windstream Communications, LLC to File Motion to Compel Regarding Plaintiff's Responses to Defendant Windstream Communications, LLCs First Requests for Admission, Second Set of Interrogatories and Second Request for Production of Documents by Windstream Communications, LLC, 948CA7E6A6 (Schwendeman, Adam) (Modified on 12/6/2016 to add party filers) (skh).
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Legal Document (Payment Possibly Required) 45 Filed: 11/30/2016, Entered: None
NOTICE TO TAKE THE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by 948CA7E6A6 of Tom Hively on December 12, 2016 at 11:00 a.m. (Leach, James)
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Legal Document (Payment Possibly Required) 44 Filed: 11/30/2016, Entered: None
NOTICE TO TAKE THE DEPOSITIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS by 948CA7E6A6 of Suddenlink Communications Rule 30(b)(6) Representative on December 12, 2016 at 9:00 a.m. (Leach, James)
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Legal Document (Payment Possibly Required) 43 Filed: 11/30/2016, Entered: None
NOTICE TO TAKE THE DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS by 948CA7E6A6 of Norman Scott Brogan on December 12, 2016 at 10:00 a.m. (Leach, James)
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Legal Document (Payment Possibly Required) 42 Filed: 11/30/2016, Entered: None
NOTICE TO TAKE THE DEPOSITION by 948CA7E6A6 of Steven Demaske on December 13, 2016 at 10:00 a.m. (Leach, James)
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Legal Document (Payment Possibly Required) 41 Filed: 11/30/2016, Entered: None
RETURN OF SERVICE ON SUBPOENA for Steven P. Demaske. (Leach, James)
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Legal Document (Payment Possibly Required) 40 Filed: 11/29/2016, Entered: None
RETURN OF SERVICE ON SUBPOENA for Tom Hively. (Leach, James)
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Legal Document (Payment Possibly Required) 39 Filed: 11/29/2016, Entered: None
RETURN OF SERVICE ON SUBPOENA for Suddenlink Communications Fed. R. Civ. P. 30(b)(6) Representative. (Leach, James)
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Legal Document (Payment Possibly Required) 38 Filed: 11/21/2016, Entered: None
THIRD PARTY COMPLAINT by Windstream Communications, LLC against Trawick Construction Co., LLC, Universal Communications, Inc., Wal-comm LLC, John Doe Trucking Company. (filed pursuant to 37 order) (taq)
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Legal Document (Payment Possibly Required) 37 Filed: 11/21/2016, Entered: None Court Filing
ORDER: Granting the 22 MOTION by Windstream Communications, LLC for leave to file third party complaint; directing the third party complaint filed; granting the plaintiffs' 25 MOTION to amend the 8 scheduling order; amending the scheduling order as follows: Expert Witness List by parties bearing the burden of proof due by 1/20/2017, by party not bearing burden of proof due by 2/20/2017, and to solely contradict or rebut evidence due by 3/6/2017. Discovery to close by 3/20/2017. Dispositive Motions except those filed under Rule 12(b) due by 4/10/2017, with Responses due by 4/24/2017 and Replies due by 5/1/2017. Settlement Meeting to be held by 6/16/2017. Motions in Limine to be filed by 6/19/2017, with responses due by 6/26/2017. Plaintiffs' portion of proposed Pretrial Order to defendants due by 6/16/2017, and Proposed Integrated Pretrial Order due by 6/23/2017. Pretrial Conference set for 6/30/2017 1:00 p.m. in Charleston. Proposed Jury Charge due by 7/26/2017. Final Settlement Conference at 10:00 a.m. on 8/7/2017 in Charleston. Trial set for 8/8/2017 at 9:30 a.m. in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 11/21/2016. (cc: counsel of record) (taq)
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Legal Document (Payment Possibly Required) 36 Filed: 11/16/2016, Entered: None
RETURN OF SERVICE ON SUBPOENA for Brenntag Mid-South, Inc. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 35 Filed: 11/9/2016, Entered: None
CERTIFICATE OF SERVICE filed by 948CA7E6A6 for Responses to Defendant Windstream Communications, LLC's First Requests for Admissions, Second Set of Interrogatories and Request for Production of Documents(Leach, James)
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Legal Document (Payment Possibly Required) 34 Filed: 11/7/2016, Entered: None
CERTIFICATE OF SERVICE filed by 948CA7E6A6 for Second Set of Interrogatories and Requests for Production of Documents to Defendant Windstream Communications, LLC (Leach, James)
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Legal Document (Payment Possibly Required) 33 Filed: 11/4/2016, Entered: None
CERTIFICATE OF SERVICE filed by Windstream Communications, LLC for Third Request for Production of Documents to Plaintiffs (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 32 Filed: 11/3/2016, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Amended Expert Witness Disclosures. (Leach, James) (Modified on 11/5/2016 to add "amended" and correct event) (taq).
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Legal Document (Payment Possibly Required) 31 Filed: 10/31/2016, Entered: None
RESPONSE by Windstream Communications, LLC in opposition to 25 MOTION by 948CA7E6A6 to Amend 8 Scheduling Order (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schwendeman, Adam)
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Blank  Filed: 10/20/2016, Entered: None
NOTICE OF DOCKET CORRECTION re: #29 Certificate of Service. INCORRECT ENTRY; IMAGE REMOVED. SEE ENTRY 30 . ERROR: Document incorrectly filed. CORRECTION: Document correctly filed by counsel at Entry 30 . (taq)
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Legal Document (Payment Possibly Required) 30 Filed: 10/19/2016, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Rule 26(a)(2) Expert Testimony Disclosures. (Leach, James)
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Blank 29 Filed: 10/19/2016, Entered: None
INCORRECT ENTRY; IMAGE REMOVED. SEE ENTRY 30 . Modified on 10/20/2016 to remove image as it was incorrectly filed) (taq).
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Legal Document (Payment Possibly Required) 28 Filed: 10/18/2016, Entered: None
NOTICE of Vocational Evaluation of Plaintiff 948CA7E by Windstream Communications, LLC (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 27 Filed: 10/18/2016, Entered: None
CERTIFICATE OF SERVICE filed by Windstream Communications, LLC for First Requests for Admissions, Second Set of Interrogatories and Second Request for Production of Documents to Plaintiffs (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 26 Filed: 10/17/2016, Entered: None
CERTIFICATE OF SERVICE filed by Windstream Communications, LLC for First Supplemental Responses to Plaintiffs' First Set of Interrogatories (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 25 Filed: 10/17/2016, Entered: None
MOTION by 948CA7E6A6 to Amend 8 Scheduling Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proposed Order)(Leach, James) (Modified on 10/17/2016 to convert event to motion to amend and to add link to #8 scheduling order) (skh).
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Legal Document (Payment Possibly Required) 24 Filed: 10/13/2016, Entered: None
CERTIFICATE OF SERVICE filed by Windstream Communications, LLC for Responses to Plaintiffs' Request for Admission (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 23 Filed: 9/27/2016, Entered: None
NOTICE OF DEPOSITION by Windstream Communications, LLC of B. J. Taylor on October 11, 2016 at 10:00 a.m. (Schwendeman, Adam)
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Blank  Filed: 9/26/2016, Entered: None
NOTICE OF DOCKET CORRECTION re: 21 NOTICE TO TAKE THE DEPOSITIONS by 948CA7E6A6 of Randall Lovejoy and Kenneth Morrison on September 27, 2016 at 10:00 a.m. and 1:00 p.m. ERROR: Document did not contain an electronic signature. CORRECTION: Removed and replaced unsigned image with signed image. (taq)
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Legal Document (Payment Possibly Required) 22 Filed: 9/22/2016, Entered: None
MOTION by Windstream Communications, LLC for Leave to File Third Party Complaint, with proposed document attached (Attachment: # 1 Proposed Third-Party Complaint)(Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 21 Filed: 9/20/2016, Entered: None
NOTICE TO TAKE THE DEPOSITIONS by 948CA7E6A6 of Randall Lovejoy and Kenneth Morrison on September 27, 2016 at 10:00 a.m. and 1:00 p.m. (Leach, James) (Modified on 9/26/2016 to replace unsigned image) (taq).
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Legal Document (Payment Possibly Required) 20 Filed: 9/19/2016, Entered: None
NOTICE OF DEPOSITION by Windstream Communications, LLC of 948CA7E and EB834A6 on October 3, 2016 at 10:00 a.m. and 2:00 p.m. (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 19 Filed: 9/19/2016, Entered: None
CERTIFICATE OF SERVICE filed by 948CA7E6A6 for Notice of Depositions of Randall Lovejoy and Kenneth Morrision (Leach, James)
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Legal Document (Payment Possibly Required) 18 Filed: 9/13/2016, Entered: None
CERTIFICATE OF SERVICE filed by 948CA7E6A6 for Requests for Admission (Leach, James)
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Legal Document (Payment Possibly Required) 17 Filed: 8/26/2016, Entered: None
CERTIFICATE OF SERVICE filed by Windstream Communications, LLC for Responses to Plaintiffs' First Set of Interrogatories and Request for Production of Documents (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 16 Filed: 8/9/2016, Entered: None Court Filing
PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Judge John T. Copenhaver, Jr. on 8/9/2016. (cc: counsel of record; any unrepresented party) (taq)
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Legal Document (Payment Possibly Required) 15 Filed: 8/9/2016, Entered: None Court Filing
ORDER AMENDING SCHEDULING ORDER granting the 13 JOINT MOTION to Amend Scheduling Order; and the 8 Scheduling Order is AMENDED to reflect that the parties have until 9/22/2016 to amend the pleadings and/or join additional parties. Signed by Judge John T. Copenhaver, Jr. on 8/9/2016. (cc: counsel of record; any unrepresented party) (taq)
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Legal Document (Payment Possibly Required) 14 Filed: 8/8/2016, Entered: None
PROPOSED ORDER Agreed Protective Order by Windstream Communications, LLC, 948CA7E6A6 (Schwendeman, Adam) (Modified on 8/9/2016 to add party filers) (rea).
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Legal Document (Payment Possibly Required) 13 Filed: 8/8/2016, Entered: None
JOINT MOTION by Windstream Communications, LLC, 948CA7E6A6 to Amend 8 Order (Attachment: # 1 Proposed Order)(Schwendeman, Adam) (Modified on 8/9/2016 to add party filers) (rea).
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Legal Document (Payment Possibly Required) 12 Filed: 7/27/2016, Entered: None
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Windstream Communications, LLC (Schwendeman, Adam)
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Legal Document (Payment Possibly Required) 11 Filed: 7/11/2016, Entered: None
CERTIFICATE OF SERVICE by 948CA7E6A6 for Rule 26(a)(1) Initial Disclosures. (Leach, James)
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Legal Document (Payment Possibly Required) 10 Filed: 7/11/2016, Entered: None
CERTIFICATE OF SERVICE by Windstream Communications, LLC for Rule 26(a)(1) Initial Disclosures. (Hayes, Seth)
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Legal Document (Payment Possibly Required) 9 Filed: 7/7/2016, Entered: None
CERTIFICATE OF SERVICE filed by 948CA7E6A6 for Plaintiffs' First Set of Interrogatories and Requests for Production of Documents to Defendant Windstream Communications, LLC (Leach, James)
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Legal Document (Payment Possibly Required) 8 Filed: 6/21/2016, Entered: 6/22/2016 Court Filing
ORDER: the scheduling conference is cancelled; directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 8/22/2016; Discovery requests to be completed by 11/7/2016; Expert Witness List by parties bearing the burden of proof due by 10/21/2016, by party not bearing burden of proof due by 11/21/2016, and to solely contradict or rebut evidence due by 12/6/2016; discovery to close by 12/20/2016; Dispositive Motions except those filed under Rule 12(b) due by 1/9/2017, Responses due by 1/23/2017, Replies due by 1/30/2017; Settlement Meeting to be held by 3/13/2017; Motions in Limine to be filed by 3/20/2017, with responses due by 3/27/2017; Plaintiffs portion of proposed Pretrial Order to defendants due by 3/16/2017, Proposed Integrated Pretrial Order due by 3/23/2017; Pretrial Conference set for 3/31/2017 at 01:00 PM in Charleston; Proposed Jury Charge due by 4/24/2017; Final Settlement Conference at 10:00 AM on 5/1/2017 in Charleston; Trial set for 5/2/2017 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 6/21/2016. (cc: counsel of record; any unrepresented parties) (kll)
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Legal Document (Payment Possibly Required) 7 Filed: 6/17/2016, Entered: None
RULE 26(f) REPORT OF PLANNING MEETING by Windstream Communications, LLC, 948CA7E6A6. (Hayes, Seth) (Modified on 6/18/2016 to add party filers) (skh).
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Legal Document (Payment Possibly Required) 6 Filed: 6/9/2016, Entered: None
CERTIFICATE OF SERVICE filed by 948CA7E6A6 for Plaintiffs' Responses to Defendant Windstream's First Set of Discovery Requests (Leach, James)
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Legal Document (Payment Possibly Required) 5 Filed: 5/11/2016, Entered: None Court Filing
ORDER AND NOTICE: Rule 12(b) Motions 5/31/2016. Rule 26(f) Meeting 6/10/2016. Last day to file report of Rule 26(f) Meeting 6/17/2016. Scheduling Conference at 10:00 AM on 6/23/2016 in Charleston. Entry of Scheduling Order 7/1/2016. Last Day to make Rule 26(a)(1) disclosures 7/11/2016. Signed by Judge John T. Copenhaver, Jr. on 5/11/2016. (cc: counsel of record; any unrepresented parties) (bdr)
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Legal Document (Payment Possibly Required) 4 Filed: 5/6/2016, Entered: None
CERTIFICATE OF SERVICE filed by Windstream Communications, LLC for First Set of Discovery Requests to Plaintiffs on Behalf of Defendant Windstream (Hayes, Seth)
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Legal Document (Payment Possibly Required) 3 Filed: 5/2/2016, Entered: None
ANSWER TO COMPLAINT ATTACHED TO 1 NOTICE OF REMOVAL with Jury Demand by Windstream Communications, LLC.(Hayes, Seth)
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Blank  Filed: 4/25/2016, Entered: 4/26/2016
CASE assigned to Judge John T. Copenhaver, Jr. (skh)
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Legal Document (Payment Possibly Required) 2 Filed: 4/25/2016, Entered: None Court 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 Tinsley. (cc: attys; any unrepresented party) (mmw)
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Legal Document (Payment Possibly Required) 1 Filed: 4/25/2016, Entered: None
NOTICE OF REMOVAL by Windstream Communications, LLC with summons, complaint and docket sheet from Circuit Court of Kanawha County. Filing Fee $400.00. Receipt #0425-4553492. (Attachments: # 1 State Court Docket Sheet, # 2 Complaint, # 3 Windstream Affidavit, # 4 Civil Cover Sheet) (mmw)
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