| Court: | wvnd |
| Docket #: | 1:15-cv-00155 |
| Case Name: | Newman v. Turner Construction Company et al |
| PACER case #: | 37329 |
| Date filed: | 2015-09-04 |
| Date terminated: | 2016-12-05 |
| Assigned to: | District Judge Irene M. Keeley |
| Case Cause: | 28:1332 Diversity-Personal Injury |
| Nature of Suit: | 360 P.I.: Other |
| Jury Demand: | Both |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Franklin D. Newman Plaintiff |
Cynthia M. Ranson G. Patrick Jacobs J. Michael Ranson |
| Turner Construction Company Defendant |
Andrew W. Holbrook David K Hendrickson John K. Gisleson Matthew H. Sepp Steven A. Luxton |
| Independence Excavating, Inc. Defendant |
Andrew W. Holbrook David K Hendrickson Matthew H. Sepp Steven A. Luxton |
| The Thrasher Group, Inc. Defendant TERMINATED: 09/04/2015 |
Teresa J. Dumire |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-09-04 | 1 | 0 | NOTICE OF REMOVAL with State Court Papers from Harrison County Circuit Court, (case number 14-C-400-2), Filing Fee $400 PAID - Receipt #0424-1959745, filed by Turner Construction Company, Independence Excavating, Inc. (Attachments: # 1 Index of Documents, # 2 Exhibit A - Civil Cover Sheet, # 3 Exhibit B - State Court Docket, # 4 Exhibit C - Part 1, # 5 Exhibit C - Part 2, # 6 Exhibit D, # 7 Exhibit E)(kd) (Entered: 09/04/2015) | |||
| 2015-09-04 | 2 | 0 | VERIFICATION OF ATTORNEY ADMISSION for Attorney C. Ranson, Attorney J.M. Ranson and Attorney A. Holbrook. (Copy C. Ranson by US Mail) (kd) (Entered: 09/04/2015) | |||
| 2015-09-11 | 3 | 0 | FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 9/25/2015. Rule 26 Meeting Report due by 10/9/2015. Scheduling Conference set for 10/21/2015 04:00 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Discovery due by 10/26/2015. Signed by District Judge Irene M. Keeley on 9/11/15. (mh) (Entered: 09/11/2015) | |||
| 2015-09-14 | 4 | 0 | Corporate Disclosure Statement by Independence Excavating, Inc.. (Luxton, Steven) (Entered: 09/14/2015) | |||
| 2015-09-16 | 5 | 0 | AMENDED DOCUMENT by Independence Excavating, Inc.. Amendment to 4 Corporate Disclosure Statement . (Luxton, Steven) (Entered: 09/16/2015) | |||
| 2015-09-16 | 6 | 0 | Corporate Disclosure Statement by Turner Construction Company identifying Corporate Parent The Turner Corporation for Turner Construction Company.. (Luxton, Steven) (Entered: 09/16/2015) | |||
| 2015-10-02 | 7 | 0 | MOTION for Leave to Appear Pro Hac Vice for Attorney Matthew H. Sepp by Independence Excavating, Inc., Turner Construction Company. (Attachments: # 1 Attachment A list of proceedings in state and federal court, # 2 Attachment B contact information for Pa. state bar, # 3 Text of Proposed Order)(jmm) (Entered: 10/02/2015) | |||
| 2015-10-02 | 8 | 0 | Pro Hac Vice Filing fee: $ 200.00, receipt number WVNC001442 for Attorney Matthew H. Sepp. (jmm) (Entered: 10/02/2015) | |||
| 2015-10-05 | 9 | 0 | ORDER granting 7 Motion for Leave to Appear Pro Hac Vice for Attorney Matthew Sepp. Signed by District Judge Irene M. Keeley on 10/5/2015. (jmm) (Entered: 10/05/2015) | |||
| 2015-10-09 | 10 | 0 | REPORT of Rule 26(f) Planning Meeting. (Luxton, Steven) (Entered: 10/09/2015) | |||
| 2015-10-21 | 11 | 0 | MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Scheduling Conference held on 10/21/2015. (Court Reporter Linda Bachman) (dk) (Entered: 10/21/2015) | |||
| 2015-10-22 | 12 | 0 | SCHEDULING ORDER: Amended Pleadings due by 12/23/2015. Joinder of Parties due by 12/23/2015. Discovery due by 3/23/2016. Motions due by 7/22/2016. Proposed Pretrial Order due by 10/26/2016. Final Pretrial Conference set for 11/4/2016 01:30 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Settlement Conference set for 11/4/2016 01:30 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Jury Selection set for 11/14/2016 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Jury Trial set for 11/14/2016 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 10/22/2015. (jmm) (Entered: 10/22/2015) | |||
| 2015-11-11 | 13 | 0 | CERTIFICATE OF SERVICE by Franklin D. Newman Rule 26(a)(1) Disclosures on Behalf of the Plaintiff (Ranson, J.) (Entered: 11/11/2015) | |||
| 2015-11-11 | 14 | 0 | CERTIFICATE OF SERVICE by Turner Construction Company Regarding Rule 26(a)(1) Initial Disclosures (Luxton, Steven) (Entered: 11/11/2015) | |||
| 2015-11-11 | 15 | 0 | CERTIFICATE OF SERVICE by Independence Excavating, Inc. Regarding Rule 26(a)(1) Initial Disclosures (Luxton, Steven) (Entered: 11/11/2015) | |||
| 2015-11-25 | 16 | 0 | CERTIFICATE OF SERVICE by Franklin D. Newman Regarding Rule 26(a)(1) Disclosures as it Relates to Damages on Behalf of the Plaintiff (Ranson, J.) (Entered: 11/25/2015) | |||
| 2015-12-08 | 17 | 0 | NOTICE by Franklin D. Newman Notice of Mediation (Ranson, J.) (Entered: 12/08/2015) | |||
| 2016-03-01 | 18 | 0 | NOTICE by Franklin D. Newman re 17 Notice (Other) Amended Notice of Mediation (Ranson, J.) (Entered: 03/01/2016) | |||
| 2016-03-21 | 19 | 0 | Consent MOTION for Extension of Time to Complete Discovery by Independence Excavating, Inc., Turner Construction Company. (Attachments: # 1 Text of Proposed Order)(Luxton, Steven) (Entered: 03/21/2016) | |||
| 2016-03-22 | 20 | 0 | ORDER granting 19 Motion for Extension of Time to Complete Discovery. Fact Discovery due by 5/24/2016; Expert discovery due 6/10/2016; Plaintiff's expert report due 6/15/2016 and Defendants expert report due 7/15/2016. All remaining deadlines set forth in the Scheduling Order shall remain in effect and shall not otherwise be altered absent prior approval of the Court. Signed by District Judge Irene M. Keeley on 3/22/2016. (copy counsel of record)(jmm) (Entered: 03/22/2016) | |||
| 2016-05-12 | 21 | 0 | NOTICE by Franklin D. Newman to take deposition of Kurt Johnson (Ranson, J.) (Entered: 05/12/2016) | |||
| 2016-05-12 | 22 | 0 | NOTICE by Franklin D. Newman to take deposition of Andrew Hampton (Ranson, J.) (Entered: 05/12/2016) | |||
| 2016-05-12 | 23 | 0 | NOTICE by Franklin D. Newman to take deposition of Tyson Baker (Ranson, J.) (Entered: 05/12/2016) | |||
| 2016-06-15 | 24 | 0 | CERTIFICATE OF SERVICE by Franklin D. Newman Plaintiff's Rule 26(a)(2) Disclosure (Ranson, J.) (Entered: 06/15/2016) | |||
| 2016-06-20 | 25 | 0 | CERTIFICATE OF SERVICE by Turner Construction Company of Supplemental Rule 26(a)(1) Initial Disclosures and Rule 26(a)(2) Expert Disclosures. (Luxton, Steven) (Entered: 06/20/2016) | |||
| 2016-06-20 | 26 | 0 | CERTIFICATE OF SERVICE by Independence Excavating, Inc. of Supplemental Rule 26(a)(1) Initial Disclosures and Rule 26(a)(2) Expert Disclosures. (Luxton, Steven) (Entered: 06/20/2016) | |||
| 2016-06-22 | 27 | 0 | Joint MOTION for Extension of Time to Complete Discovery and Extend Scheduling Order Deadlines by Franklin D. Newman. (Attachments: # 1 Text of Proposed Order)(Ranson, J.) (Entered: 06/22/2016) | |||
| 2016-06-22 | 28 | 0 | PAPERLESS ORDER (Telephone Status Conference set for 6/27/2016, 01:00 PM, in Clarksburg District Judge Courtroom, 2nd Floor, before District Judge Irene M. Keeley.) Signed by District Judge Irene M. Keeley on 6/22/16. (cml) (Entered: 06/22/2016) | |||
| 2016-06-24 | 29 | 0 | NOTICE by Franklin D. Newman to take deposition of Nathan Parrish (Ranson, J.) (Entered: 06/24/2016) | |||
| 2016-06-24 | 30 | 0 | NOTICE by Franklin D. Newman to take deposition of Donnie Jones (Ranson, J.) (Entered: 06/24/2016) | |||
| 2016-06-27 | 31 | 0 | MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Status Conference held on 6/27/2016. (Court Reporter Linda Bachman) (dk) (Entered: 06/27/2016) | |||
| 2016-06-27 | 32 | 0 | AMENDED SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 12/23/2015. Dispositive Motions due by 8/15/2016. Discovery due by 8/30/2016. Joint Pretrial Order due by 10/26/2016. Final Pretrial/Settlement Conference set for 11/4/2016 01:30 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Jury Selection/Jury Trial set for 11/14/2016 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 6/27/16. (mh) (Entered: 06/27/2016) | |||
| 2016-07-06 | 33 | 0 | NOTICE by Turner Construction Company to take deposition of Dr. James McConnell (Luxton, Steven) (Entered: 07/06/2016) | |||
| 2016-07-08 | 34 | 0 | NOTICE by Turner Construction Company of taking Deposition of Thomas L. Shupe (Luxton, Steven) (Entered: 07/08/2016) | |||
| 2016-07-20 | 35 | 0 | CERTIFICATE OF SERVICE by Franklin D. Newman Plaintiff's Supplemental Rule 26(a)(2) Disclosure. (Ranson, J.) (Entered: 07/20/2016) | |||
| 2016-08-15 | 36 | 0 | MOTION for Summary Judgment by Franklin D. Newman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Ranson, J.) (Entered: 08/15/2016) | |||
| 2016-08-15 | 37 | 0 | MEMORANDUM of Law in Support of Plaintiff's Motion for Summary Judgment by Franklin D. Newman re 36 MOTION for Summary Judgment . (Ranson, J.) (Entered: 08/15/2016) | |||
| 2016-08-15 | 38 | 0 | MOTION for Summary Judgment by Turner Construction Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 1-D, # 6 Exhibit 1-E, # 7 Exhibit 1-F, # 8 Exhibit 1-G, # 9 Exhibit 1-H, # 10 Exhibit 1-I, # 11 Exhibit 2, # 12 Exhibit 3, # 13 Exhibit 4, # 14 Exhibit 5, # 15 Exhibit 6, # 16 Text of Proposed Order)(Luxton, Steven) (Entered: 08/15/2016) | |||
| 2016-08-15 | 39 | 0 | MEMORANDUM of Law in Support of Motion for Summary Judgment by Turner Construction Company re 38 MOTION for Summary Judgment . (Luxton, Steven) (Entered: 08/15/2016) | 2016-10-23 17:02:28 | 28b81b01f4ae12f837cd18c4a4c138988409e8d4 | |
| 2016-08-15 | 40 | 0 | MOTION for Summary Judgment by Independence Excavating, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 1-D, # 6 Exhibit 1-E, # 7 Exhibit 1-F, # 8 Exhibit 1-G, # 9 Exhibit 1-H, # 10 Exhibit 1-I, # 11 Exhibit 2, # 12 Exhibit 3, # 13 Exhibit 4, # 14 Text of Proposed Order)(Luxton, Steven) (Entered: 08/15/2016) | |||
| 2016-08-15 | 41 | 0 | MEMORANDUM of Law in Support of Motion for Summary Judgment by Independence Excavating, Inc. re 40 MOTION for Summary Judgment . (Luxton, Steven) (Entered: 08/15/2016) | |||
| 2016-08-15 | 42 | 0 | AMENDED DOCUMENT by Turner Construction Company. Amendment to 39 MEMORANDUM (Corrected Version). (Luxton, Steven) (Entered: 08/15/2016) | |||
| 2016-08-22 | 43 | 0 | RESPONSE to Motion re 40 MOTION for Summary Judgment , 38 MOTION for Summary Judgment filed by Franklin D. Newman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Envelope E, # 6 Exhibit F, # 7 Exhibit G)(Ranson, J.) (Entered: 08/22/2016) | |||
| 2016-08-22 | 44 | 0 | CERTIFICATE OF SERVICE by Turner Construction Company (Supplemental Rule 26(a)(2) Expert Disclosures). (Luxton, Steven) (Entered: 08/22/2016) | |||
| 2016-08-22 | 45 | 0 | CERTIFICATE OF SERVICE by Independence Excavating, Inc. (Supplemental Rule 26(a)(2) Expert Disclosures). (Luxton, Steven) (Entered: 08/22/2016) | |||
| 2016-08-22 | 46 | 0 | RESPONSE in Opposition re 36 MOTION for Summary Judgment filed by Independence Excavating, Inc., Turner Construction Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 1-D, # 6 Exhibit 1-E, # 7 Exhibit 1-F, # 8 Exhibit 1-G, # 9 Exhibit 1-H, # 10 Exhibit 1-I, # 11 Exhibit 2, # 12 Exhibit 3, # 13 Exhibit 4, # 14 Exhibit 5, # 15 Exhibit 6, # 16 Exhibit 7, # 17 Exhibit 8, # 18 Exhibit 9, # 19 Exhibit 10)(Luxton, Steven) (Entered: 08/22/2016) | |||
| 2016-08-26 | 47 | 0 | REPLY to Response to Motion re 36 MOTION for Summary Judgment filed by Franklin D. Newman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Ranson, J.) (Entered: 08/26/2016) | |||
| 2016-08-26 | 48 | 0 | REPLY to Response to Motion re 40 MOTION for Summary Judgment , 38 MOTION for Summary Judgment filed by Independence Excavating, Inc., Turner Construction Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Luxton, Steven) (Entered: 08/26/2016) | |||
| 2016-10-21 | 49 | 0 | Other Document Application for Admission Pro Hac Vice of John K. Gisleson filed by Turner Construction Company. (Attachments: # 1 Attachment A, # 2 Attachment B)(Holbrook, Andrew) Modified on 10/21/2016 to set as motion NEF regenerated (jmm). (Entered: 10/21/2016) | |||
| 2016-10-21 | 50 | 0 | Witness List by Franklin D. Newman.(Ranson, J.) (Entered: 10/21/2016) | |||
| 2016-10-21 | 51 | 0 | Witness List by Independence Excavating, Inc., Turner Construction Company.(Luxton, Steven) (Entered: 10/21/2016) | |||
| 2016-10-24 | 52 | 0 | Pro Hac Vice Filing fee: $ 200.00, receipt number WVNC001752 for Attorney John K. Gisleson. (jmm) (Main Document 52 replaced on 10/28/2016 with corrected document - case number in memo portion of receipt was incorrect ) (mh). Modified on 10/28/2016 (mh). NEF regen (Entered: 10/24/2016) | |||
| 2016-10-25 | 53 | 0 | ORDER granting 49 Motion for Leave to Appear Pro Hac Vice for Attorney John K. Gisleson. Signed by District Judge Irene M. Keeley on 10/25/2016. (Copy counsel of record)(jmm) (Entered: 10/25/2016) | |||
| 2016-10-26 | 54 | 0 | MOTION in Limine to Limit the Testimony of Dr. Trenton Gause or to Allow the Plaintiff to Cross Examine Dr. Gause on the Fact that the Plaintiff's Treatment for Injuries Sustained on the Job was Approved and Paid for by Liberty Mutual by Franklin D. Newman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Ranson, J.) (Entered: 10/26/2016) | |||
| 2016-10-26 | 55 | 0 | MOTION in Limine to Limit the Testimony of Roger Griffith as it Relates to his Attempt to Deduct "Expenses" from Newman's Wage Loss by Franklin D. Newman. (Attachments: # 1 Exhibit A)(Ranson, J.) (Entered: 10/26/2016) | |||
| 2016-10-26 | 56 | 0 | MOTION in Limine to Preclude Evidence and Argument Regarding Payments Made Pursuant to Plaintiff's Worker's Compensation Claim by Turner Construction Company. (Attachments: # 1 Text of Proposed Order)(Luxton, Steven) (Entered: 10/26/2016) | |||
| 2016-10-26 | 57 | 0 | Memorandum in Support re 56 MOTION in Limine to Preclude Evidence and Argument Regarding Payments Made Pursuant to Plaintiff's Worker's Compensation Claim filed by Turner Construction Company. (Luxton, Steven) (Entered: 10/26/2016) | |||
| 2016-10-26 | 58 | 0 | Proposed Pretrial Order - Joint, by Plaintiff and by Independence Excavating, Inc., Turner Construction Company. (Luxton, Steven) (Entered: 10/26/2016) | |||
| 2016-10-28 | 59 | 0 | RESPONSE by Independence Excavating, Inc., Turner Construction Company to 50 Witness List. (Luxton, Steven) (Entered: 10/28/2016) | |||
| 2016-10-28 | 60 | 0 | Biographical Sketch of Scott L. Day Other Document filed by Independence Excavating, Inc.. (Luxton, Steven) (Entered: 10/28/2016) | |||
| 2016-10-28 | 61 | 0 | Biographical Sketches of Trenton Gause, M.D., Nasrin Jordan, M.S., M.A. and Roger Griffith, MBA, CPA, CFA, CVA, ABV Other Document filed by Turner Construction Company. (Luxton, Steven) (Entered: 10/28/2016) | |||
| 2016-10-28 | 62 | 0 | OBJECTIONS to Plaintiff's Proposed Trial Exhibits to 50 Witness List by Turner Construction Company. (Attachments: # 1 Attachment Tab 1, # 2 Attachment Tab 2, # 3 Attachment Tab 3, # 4 Text of Proposed Order)(Luxton, Steven) (Entered: 10/28/2016) | |||
| 2016-10-28 | 63 | 0 | Exhibit List by Franklin D. Newman.(Ranson, J.) (Entered: 10/28/2016) | |||
| 2016-10-28 | 64 | 0 | Plaintiff's Biographical Sketches of Expert Witnesses Other Document filed by Franklin D. Newman. (Ranson, J.) (Entered: 10/28/2016) | |||
| 2016-11-01 | 65 | 0 | MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS AND DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT DKT. NOS. 36 , 38 , AND 40 . The case will proceed to trial as scheduled. Signed by District Judge Irene M. Keeley on 11/1/2016. (Copy counsel of record)(jmm) (Entered: 11/01/2016) | 2017-03-25 14:03:07 | ae1fdb668aa2bf7cebb7f65aca64bdc35b42a497 | |
| 2016-11-02 | 66 | 0 | LETTER from Attorney J. Michael Ranson to Judge Keeley, informing the Court that the parties had reached a settlement. (jmm) (Additional attachment(s) added on 11/3/2016: # 1 letter received via US mail w/attorney's signature) (jmm). (Entered: 11/02/2016) | |||
| 2016-11-02 | 67 | 0 | ORDER DIRECTING COUNSEL TO SUBMIT DISMISSAL ORDER; Court DIRECTS counsel to forward an appropriate dismissal order within thirty (30) days following the entry of this Order. Signed by District Judge Irene M. Keeley on 11/2/2016. (copy counsel of record)(jmm) (Entered: 11/02/2016) | |||
| 2016-12-02 | 68 | 0 | Proposed Order of Dismissal re 67 Order, by Franklin D. Newman. (Ranson, J.) (Entered: 12/02/2016) | |||
| 2016-12-05 | 69 | 0 | ORDER; It is accordingly, ADJUDGED and ORDERED that this case be and the same dismissed with prejudice to the plaintiff as being fully adjusted, compromised and settled with each party to bear its own costs and attorneys fees. The clerk shall remove the same from docket. Signed by District Judge Irene M. Keeley on 12/5/2016. (copy counsel of record)(jmm) (Entered: 12/05/2016) |