| Court: | wvnd |
| Docket #: | 3:11-cv-00005 |
| Case Name: | West Virginia Citizens Defense League, Inc. v. City of Martinsburg et al |
| PACER case #: | 27115 |
| Date filed: | 2011-01-24 |
| Date terminated: | 2013-02-20 |
| Assigned to: | Chief Judge John Preston Bailey |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| West Virginia Citizens Defense League, Inc. Plaintiff a West Virginia nonprofit corporation |
James Matthew Mullins , Jr. |
| City of Martinsburg Defendant a West Virginia municipal corporation |
Floyd M Sayre , III |
| George Karos Defendant personally and in his official capacity as the Mayor of the City of Martinsburg |
Floyd M Sayre , III |
| Mark S. Baldwin Defendant personally and in his official capacity as the City Manager of the City of Martinsburg |
Floyd M Sayre , III |
| Kevin Miller Defendant personally and in his official capacity as the Chief of Police of the City of Martinsburg |
Floyd M Sayre , III |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-01-24 | 1 | 0 | CIVIL COVER SHEET. Filing fee paid and case opened as of this date. Attorney directed to electronically file case opening documents. (cwm) (Entered: 01/24/2011) | |||
| 2011-01-24 | 2 | 0 | Filing fee: $ 350.00 - receipt number 064433. (cwm) (Entered: 01/24/2011) | |||
| 2011-01-24 | 3 | 0 | COMPLAINT against All Defendants, filed by West Virginia Citizens Defense League, Inc.. (Attachments: # 1 Civil Cover Sheet)(Mullins, James) (Entered: 01/24/2011) | 2011-07-09 10:51:16 | b8dd202cccd1d8a9de01d0c6e9bc7826821f5e97 | |
| 3 | 1 | |||||
| 2011-03-11 | 8 | 0 | WAIVER OF SERVICE Returned Executed by West Virginia Citizens Defense League, Inc.. Mark S. Baldwin waiver sent on 1/28/2011, answer due 3/29/2011. (Mullins, James) (Entered: 03/11/2011) | |||
| 2011-03-11 | 9 | 0 | WAIVER OF SERVICE Returned Executed by West Virginia Citizens Defense League, Inc.. George Karos waiver sent on 1/28/2011, answer due 3/29/2011. (Mullins, James) (Entered: 03/11/2011) | |||
| 2011-03-11 | 10 | 0 | WAIVER OF SERVICE Returned Executed by West Virginia Citizens Defense League, Inc.. Kevin Miller waiver sent on 1/28/2011, answer due 3/29/2011. (Mullins, James) (Entered: 03/11/2011) | |||
| 2011-03-18 | 11 | 0 | SUMMONS Returned Executed as to City of Martinsburg. (Mullins, James) (Entered: 03/18/2011) | |||
| 2011-03-29 | 12 | 0 | First MOTION to Dismiss Complaint by Mark S. Baldwin, City of Martinsburg, George Karos, Kevin Miller. (Sayre, Floyd) (Entered: 03/29/2011) | |||
| 2011-03-29 | 13 | 0 | Memorandum in Support re 12 First MOTION to Dismiss Complaint filed by Mark S. Baldwin, City of Martinsburg, George Karos, Kevin Miller. (Sayre, Floyd) (Entered: 03/29/2011) | |||
| 2011-04-29 | 14 | 0 | Memorandum in Opposition re 12 First MOTION to Dismiss Complaint filed by West Virginia Citizens Defense League, Inc.. (Attachments: # 1 Affidavit Declaration of Arthur Thomm)(Mullins, James) (Entered: 04/29/2011) | 2011-07-09 10:47:31 | 1d05a5de413f8cfc2c8fa32c98081e6a0ff78778 | |
| 2011-05-16 | 15 | 0 | REPLY to Response to Motion re 12 First MOTION to Dismiss Complaint filed by Mark S. Baldwin, City of Martinsburg, George Karos, Kevin Miller. (Sayre, Floyd) (Entered: 05/16/2011) | |||
| 2011-06-17 | 16 | 0 | ORDER DENYING DEFENDANTS' PRE-ANSWER MOTION TO DISMISS denying 12 First MOTION to Dismiss Complaint. The parties shall have fourteen (14) days from the date of this Order to comment and/or object to this Court abstaining or deferring action in this case, pending resolution of the state law issues in state court. Signed by Chief Judge John Preston Bailey on 6/17/2011. (cwm) (Entered: 06/17/2011) | 2011-06-24 16:45:57 | 3349a03c4bbf069ed18113e0a2a70e296dcd8c83 | |
| 2011-07-01 | 17 | 0 | Joint MOTION for Extension of Time to File Resposes to 16 Order Denying Defendants' Pre-Answer Motion to Dismiss by Mark S. Baldwin, City of Martinsburg, George Karos, Kevin Miller, West Virginia Citizens Defense League, Inc.. (Mullins, James) (Entered: 07/01/2011) | |||
| 2011-07-06 | 18 | 0 | PAPERLESS ORDER: The Joint MOTION for Extension of Time to File 17 Resposes to 16 Order Denying Defendants' Pre-Answer Motion to DismissJoint MOTION for Extension of Time to File Resposes to 16 Order Denying Defendants' Pre-Answer Motion to Dismiss is hereby GRANTED. Accordingly, the deadlines are hereby EXTENDED as follows: plaintiff shall respond by July 14, 2011; defendants shall respond by July 28, 2011; and plaintiff shall reply, if it so desires, by August 10, 2011. It is so ORDERED. Signed by Chief Judge John Preston Bailey on 7/6/2011. (JP) (Entered: 07/06/2011) | |||
| 2011-07-14 | 19 | 0 | RESPONSE by West Virginia Citizens Defense League, Inc. to 16 Order on Motion to Dismiss,,,. (Mullins, James) (Entered: 07/14/2011) | 2011-07-28 15:30:06 | fb62d9beb303b5948a41747eeedbf0bb08f561af | |
| 2011-07-28 | 20 | 0 | RESPONSE by Mark S. Baldwin, City of Martinsburg, George Karos, Kevin Miller to 16 Order on Motion to Dismiss,,,. (Sayre, Floyd) (Entered: 07/28/2011) | 2011-07-28 15:42:22 | 5e43deff416097a4e5cc05020842dd3b29684a31 | |
| 2011-08-04 | 21 | 0 | NOTICE by West Virginia Citizens Defense League, Inc. re 14 Memorandum in Opposition to Motion Supplemental Legal Authority (Mullins, James) (Entered: 08/04/2011) | 2011-08-13 23:00:03 | e48b4937a911f0d69069ade4d534316572bb285b | |
| 2011-08-11 | 22 | 0 | REPLY by West Virginia Citizens Defense League, Inc. to 16 Order on Motion to Dismiss,,,. (Mullins, James) (Entered: 08/11/2011) | 2011-08-13 22:55:32 | 55ab69af4d4ac088241756e5ca20a13d7a2f7be9 | |
| 2011-08-15 | 23 | 0 | MOTION for Leave to File First Amended Complaint by West Virginia Citizens Defense League, Inc.. (Attachments: # 1 Attachment Proposed First Amended Complaint)(Mullins, James) (Entered: 08/15/2011) | |||
| 2011-08-16 | 24 | 0 | ORDER GRANTING PLAINTIFF'S MOTION 23 FOR LEAVE TO FILE AMENDED COMPLAINT. Plaintiff is directed to refile its proposed Amended Complaint currently filed as Attachment 1 to the instant Motion [23-1]. Signed by Chief Judge John Preston Bailey on 8/16/2011. (tlg) (Entered: 08/16/2011) | |||
| 2011-08-16 | 25 | 0 | AMENDED COMPLAINT against Mark S. Baldwin, City of Martinsburg, George Karos, Kevin Miller, filed by West Virginia Citizens Defense League, Inc..(Mullins, James) (Entered: 08/16/2011) | |||
| 2011-09-06 | 26 | 0 | ANSWER to 25 Amended Complaint by Mark S. Baldwin, City of Martinsburg, George Karos, Kevin Miller.(Sayre, Floyd) (Entered: 09/06/2011) | |||
| 2011-09-06 | 27 | 0 | ORDER OF ABSTENTION. This action is STAYED so that Plaintiff can present its state law issues to state court. Signed by Chief Judge John Preston Bailey on 9/6/2011. (tlg) (Entered: 09/06/2011) | 2011-10-15 22:18:21 | 7b4c86a507ee1e834407417ca19c41dfa8b7f7f5 | |
| 2011-09-12 | 28 | 0 | MOTION to Amend/Correct 16 Order on Motion to Dismiss,,, 24 Order on Motion for Leave to File,,, 27 Order Staying Case by West Virginia Citizens Defense League, Inc.. (Mullins, James) (Entered: 09/12/2011) | |||
| 2011-09-13 | 29 | 0 | ORDER GRANTING PLAINTIFF'S MOTION FOR CORRECTIONS OF CLERICAL ERRORS granting 28 Motion to Amend/Correct. Signed by Chief Judge John Preston Bailey on 9/13/2011. (cwm) (Entered: 09/13/2011) | |||
| 2011-09-13 | 30 | 0 | AMENDED ORDER OF ABSTENTION. This action is stayed for Plaintiff to present its state law issues in state court. Signed by Chief Judge John Preston Bailey on 9/13/2011. (tlg) (Entered: 09/13/2011) | 2011-10-16 08:17:14 | 88ca44aa3f8d4a2dd1361e2a65d16b2cfdd65cb7 | |
| 2011-09-13 | 31 | 0 | AMENDED ORDER DENYING DEFENDANTS' PRE-ANSWER MOTION TO DISMISS re: 12 First MOTION to Dismiss Complaint. Signed by Chief Judge John Preston Bailey on 9/13/2011. (cwm) (Entered: 09/13/2011) | 2011-10-17 13:41:28 | 4489c5e343e69ca592d873904fd4768effddbed7 | |
| 2011-09-13 | 32 | 0 | AMENDED ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT re: 23 MOTION for Leave to File First Amended Complaint. Upon careful consideration of the above, and finding no potential for prejudice, this Court is of the opinion that the instant Motion for Leave to File Amended Complaint 23 should be, and the same is, hereby GRANTED. As such, the plaintiff is DIRECTED to REFILE its proposed Amended Complaint currently filed as Attachment 1 to the instant Motion [23-1]. Signed by Chief Judge John Preston Bailey on 9/13/2011. (cwm) (Entered: 09/13/2011) | 2011-10-17 13:42:02 | e5334053351ed3f4a036f49b458ed76f286c636c | |
| 2011-09-27 | 33 | 0 | MOTION for Reconsideration re 30 Order, 27 Order Staying Case by West Virginia Citizens Defense League, Inc.. (Mullins, James) (Entered: 09/27/2011) | 2011-10-17 13:43:06 | a4ebdcff69f0b21834404bb9d0951e6ed5ed7777 | |
| 2011-09-27 | 34 | 0 | MEMORANDUM by West Virginia Citizens Defense League, Inc. re 33 MOTION for Reconsideration re 30 Order, 27 Order Staying Case. (Mullins, James) (Entered: 09/27/2011) | 2011-10-17 13:43:59 | e55ef1f7e3e3dc004d813221fdc0a4beb50a99bc | |
| 2011-09-27 | 35 | 0 | MOTION to Strike 26 Answer to Amended Complaint by West Virginia Citizens Defense League, Inc.. (Mullins, James) (Entered: 09/27/2011) | 2011-10-17 13:44:31 | 34d79b5463553192c5308efb8d03b694b18489ef | |
| 2011-09-28 | 36 | 0 | AFFIDAVIT re 35 MOTION to Strike 26 Answer to Amended Complaint by West Virginia Citizens Defense League, Inc.. (Attachments: # 1 Exhibit Exhibit A)(Mullins, James) (Entered: 09/28/2011) | |||
| 2011-09-28 | 37 | 0 | MOTION for Preliminary Injunction by West Virginia Citizens Defense League, Inc.. (Mullins, James) (Entered: 09/28/2011) | 2011-10-17 13:45:29 | 7193c5febffe34da314de717b7520981b0963db4 | |
| 2011-09-28 | 38 | 0 | MEMORANDUM by West Virginia Citizens Defense League, Inc. re 37 MOTION for Preliminary Injunction, 35 MOTION to Strike 26 Answer to Amended Complaint. (Mullins, James) (Entered: 09/28/2011) | |||
| 2011-09-28 | 39 | 0 | MOTION certify questions of law re 33 MOTION for Reconsideration re 30 Order, 27 Order Staying Case, 37 MOTION for Preliminary Injunction, 35 MOTION to Strike 26 Answer to Amended Complaint by West Virginia Citizens Defense League, Inc.. (Mullins, James) (Entered: 09/28/2011) | 2011-10-17 13:48:27 | 13b220b7d32ab7c2bf1f9ead1854687ebc77f96a | |
| 2011-09-28 | 40 | 0 | MOTION for Discovery by West Virginia Citizens Defense League, Inc.. (Mullins, James) (Entered: 09/28/2011) | 2011-10-17 13:49:47 | 24aa89cb287cb1979c9a9086dd746d4f890c8fe1 | |
| 2011-09-30 | 41 | 0 | MOTION for Partial Summary Judgment by West Virginia Citizens Defense League, Inc.. Responses due by 10/21/2011 (Mullins, James) (Entered: 09/30/2011) | 2011-10-17 13:47:50 | 1ae6f04073e29ef43331950b90033bc1cf69e8b3 | |
| 2011-09-30 | 42 | 0 | MEMORANDUM by West Virginia Citizens Defense League, Inc. re 41 MOTION for Partial Summary Judgment. (Mullins, James) (Entered: 09/30/2011) | 2011-10-17 13:51:04 | 3840762bf9405e0f1b2af5a5de7bc3eaacc6fa4f | |
| 2011-10-10 | 43 | 0 | RESPONSE to Motion re 33 MOTION for Reconsideration re 30 Order, 27 Order Staying Case filed by Mark S. Baldwin, City of Martinsburg, George Karos, Kevin Miller. (Sayre, Floyd) (Entered: 10/10/2011) | 2011-10-17 13:46:28 | b4cd23cad9bbd8905d023d51ff292bbdd00ed717 | |
| 2011-10-20 | 44 | 0 | REPLY to Response to Motion re 33 MOTION for Reconsideration re 30 Order, 27 Order Staying Case filed by West Virginia Citizens Defense League, Inc.. (Mullins, James) (Entered: 10/20/2011) | 2012-01-22 01:09:10 | 7f08b3198b99d601becc08d8e492282b274c9ca7 | |
| 2011-10-24 | 45 | 0 | ORDER denying 33 Motion for Reconsideration; denying 35 Motion to Strike; denying 37 Motion for Preliminary Injunction; denying 39 Motion Certify Questions of Law; denying 40 Motion for Discovery; and denying 41 Motion for Partial Summary Judgment. Stay remains in effect. Signed by Chief Judge John Preston Bailey on 10/24/2011. (cwm) (Entered: 10/24/2011) | 2012-01-22 01:12:07 | 088a8c03ecf855f8570448ce5c9a922609428f77 | |
| 2011-11-01 | 46 | 0 | NOTICE OF APPEAL as to 45 Order on Motion for Reconsideration, Order on Motion to Strike, Order on Motion for Preliminary Injunction, Order on Motion for Miscellaneous Relief, Order on Motion for Discovery, Order on Motion for Partial Summary Judgment,,,,,,,, 30 Order, 27 Order Staying Case by West Virginia Citizens Defense League, Inc.. (Mullins, James) (Entered: 11/01/2011) | |||
| 2011-11-02 | 47 | 0 | Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 46 Notice of Appeal. (cwm) (Entered: 11/02/2011) | |||
| 2011-11-09 | 48 | 0 | USCA NOTICE OF APPELLATE CASE OPENING: re: 46 Notice of Appeal filed by West Virginia Citizens Defense League, Inc. USCA Case Number: 11-2231. Case Manager: R. Sewell. (cwm) (Entered: 11/09/2011) | |||
| 2011-11-21 | 49 | 0 | USCA Appeal Fees received $455.00 - receipt number 064677 re: 46 Notice of Appeal filed by West Virginia Citizens Defense League, Inc. (cwm) (Entered: 11/21/2011) | |||
| 2012-06-19 | 50 | 0 | PER CURIAM of USCA as to 46 Notice of Appeal filed by West Virginia Citizens Defense League, Inc. USCA Decision: Affirmed. (cwm) (Entered: 06/19/2012) | 2012-09-26 13:18:14 | 4a994a26136e3c52750f44f54e72a8d857a8e2df | |
| 2012-06-19 | 51 | 0 | USCA JUDGMENT as to 46 Notice of Appeal filed by West Virginia Citizens Defense League, Inc. (Attachments: # 1 Notice of Judgment)(cwm) (Entered: 06/19/2012) | |||
| 2012-07-12 | 52 | 0 | MANDATE of USCA as to 46 Notice of Appeal filed by West Virginia Citizens Defense League, Inc. (cwm) (Entered: 07/12/2012) | |||
| 2013-01-18 | 53 | 0 | ORDER counsel for the plaintiff are hereby ORDERED to provide to this Court a report stating the court or courts in which the plaintiffs state court challenge was filed, the date of filing, the judge to which the case was assigned, and the present status of the case. Such report shall be filed within 14 days after the date of entry of this Order. This case shall remain STAYED pursuant to this Courts previous Order 30 . Signed by Chief Judge John Preston Bailey on 1/18/2013. (cwm) (Entered: 01/18/2013) | |||
| 2013-02-05 | 54 | 0 | ORDER TO SHOW CAUSE. This Court hereby gives notice to the plaintiff to show cause why this case should not be dismissed. Failure to do so within fourteen (14) days shall result in dismissal of this action without prejudice. Signed by Chief Judge John Preston Bailey on 2/5/2013. (cwm) (Entered: 02/05/2013) | |||
| 2013-02-20 | 55 | 0 | ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Chief Judge John Preston Bailey on 2/20/13. (njz) (Entered: 02/20/2013) |