| Court: | wvsd |
| Docket #: | 2:11-cv-00048 |
| Case Name: | West Virginia Citizens Defense League, Inc. et al v. City of Charleston et al |
| PACER case #: | 67217 |
| Date filed: | 2011-01-24 |
| Date terminated: | 2012-09-20 |
| Date of last filing: | 2011-07-01 |
| Assigned to: | Judge John T. Copenhaver, Jr. |
| 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 M. Mullins , Jr. |
| Keith T. Morgan Plaintiff |
James M. Mullins , Jr. |
| Elizabeth L. Morgan Plaintiff |
James M. Mullins , Jr. |
| Jereomy W. Schulz Plaintiff |
James M. Mullins , Jr. |
| Benjamin L. Ellis Plaintiff and |
James M. Mullins , Jr. |
| Masada Enterprises LLC Plaintiff a West Virginia limited liability company |
James M. Mullins , Jr. |
| City of Charleston Defendant a West Virginia municipal corporation |
Benjamin L. Bailey Ricklin Brown |
| Danny Jones Defendant personally and in his official capacity as the Mayor of the City of Charleston |
Benjamin L. Bailey Ricklin Brown |
| Brent Webster Defendant personally and in his official capacity as the Chief of Police of the City of Charleston |
Benjamin L. Bailey Ricklin Brown |
| City of South Charleston Defendant a West Virginia municipal corporation |
Alicia A. Deligne W. Michael Moore |
| Frank A. Mullens, Jr. Defendant in his official capacity as the Mayor of the City of South Charleston |
Alicia A. Deligne W. Michael Moore |
| Brad L. Rinehart Defendant in his official capacity as the Chief of Police of the City of South Charleston |
Alicia A. Deligne W. Michael Moore |
| City of Dunbar Defendant a West Virginia municipal corporation |
Webster J. Arceneaux , III Spencer D. Elliott |
| Jack Yeager Defendant in his official capacity as the Mayor of the City of Dunbar; and |
Spencer D. Elliott Webster J. Arceneaux , III |
| Earl Whittington Defendant in his official capacity as the Chief of Police of the City of Dunbar |
Spencer D. Elliott Webster J. Arceneaux , III |
| Brady Center to Prevent Gun Violence Amicus |
Ashley W. French |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-01-24 | 1 | 0 | Complaint | COMPLAINT. Filing Fee $350.00. Receipt # 0425-1457171. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Part 2) (lca) | 2011-01-25 09:09:05 | f3a13d121d534b893afda743d1948a216fdd3004 |
| 1 | 1 | Civil Cover Sheet | ||||
| 1 | 2 | Civil Cover Sheet Part 2 | ||||
| 2011-01-24 | 2 | 0 | Summons Issued | SUMMONS ISSUED by the Clerk on behalf of Elizabeth L. Morgan, Masada Enterprises LLC, Jereomy W. Schulz, Keith T. Morgan, West Virginia Citizens Defense League, Inc., Benjamin L. Ellis for City of Charleston, City of Dunbar, City of South Charleston, Danny Jones, Frank A. Mullens, Jr, Brad L. Rinehart, Brent Webster, Earl Whittington, Jack Yeager, re: 1 Complaint, returnable 21 days. Original Summons and 1 copy for each defendant mailed to Plaintiffs' Counsel for service. (lca) (Modified on 1/25/2011 to note that an original and 1 summons was issued for each defendant) (skh). | ||
| 2011-01-24 | 3 | 0 | Standing Order For Assignment And Referral of Civil Actions And Matters | STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 2, 2010. This matter referred to Magistrate Judge Stanley for discovery. (cc:attys; any unrepresented party) (lca) | ||
| 2011-02-15 | 4 | 0 | Waiver of Service Executed | WAIVER OF SERVICE EXECUTED. Waiver signed by Webster J. Arcenaux, III on 2/1/11. City of Dunbar waiver mailed on 1/28/2011, answer due 3/29/2011. (Mullins, James) | ||
| 2011-02-15 | 5 | 0 | Waiver of Service Executed | WAIVER OF SERVICE EXECUTED. Waiver signed by Webster J. Arcenaux, III on 2/1/11. Jack Yeager waiver mailed on 1/28/2011, answer due 3/29/2011. (Mullins, James) | ||
| 2011-02-15 | 6 | 0 | Waiver of Service Executed | WAIVER OF SERVICE EXECUTED. Waiver signed by Webster J. Arcenaux, III on 2/1/11. Earl Whittington waiver mailed on 1/28/2011, answer due 3/29/2011. (Mullins, James) | ||
| 2011-02-15 | 7 | 0 | Waiver of Service Executed | WAIVER OF SERVICE EXECUTED. Waiver signed by W. Michael Moore on 2/10/11. City of South Charleston waiver mailed on 1/28/2011, answer due 3/29/2011. (Mullins, James) | ||
| 2011-02-15 | 8 | 0 | Waiver of Service Executed | WAIVER OF SERVICE EXECUTED. Waiver signed by W. Michael Moore on 2/10/11. Frank A. Mullens, Jr waiver mailed on 1/28/2011, answer due 3/29/2011. (Mullins, James) | ||
| 2011-02-15 | 9 | 0 | Waiver of Service Executed | WAIVER OF SERVICE EXECUTED. Waiver signed by W. Michael Moore on 2/10/11. Brad L. Rinehart waiver mailed on 1/28/2011, answer due 3/29/2011. (Mullins, James) | ||
| 2011-02-17 | 10 | 0 | Waiver of Service Executed | WAIVER OF SERVICE EXECUTED. Waiver signed by Ricklin Brown on 02/16/2011. City of Charleston waiver mailed on 1/28/2011, answer due 3/29/2011. (Mullins, James) (Modified on 2/18/2011 to correct name of person who signed waiver) (skh). | ||
| 2011-02-17 | 11 | 0 | Waiver of Service Executed | WAIVER OF SERVICE EXECUTED. Waiver signed by Ricklin Brown on 02/16/2011. Danny Jones waiver mailed on 1/28/2011, answer due 3/29/2011. (Mullins, James) (Modified on 2/18/2011 to correct name of person who signed waiver) (skh). | ||
| 2011-03-03 | 12 | 0 | Waiver of Service Executed | WAIVER OF SERVICE EXECUTED. Waiver signed by Benjamin L. Bailey & Ricklin Brown on 02/16/2011. Brent Webster waiver mailed on 1/28/2011, answer due 3/29/2011. (Mullins, James) | ||
| 2011-03-16 | 13 | 0 | Amended Complaint | FIRST AMENDED COMPLAINT by West Virginia Citizens Defense League, Inc., Keith T. Morgan, Elizabeth L. Morgan, Jereomy W. Schulz, Benjamin L. Ellis and Masada Enterprises LLC against City of Charleston, Danny Jones, Brent Webster, City of South Charleston, Frank A. Mullens, Jr, Brad L. Rinehart, City of Dunbar, Jack Yeager and Earl Whittington. (skh) | 2011-10-25 01:58:37 | bcb202579531b48d62cd4c54bd2069be1cf3478e |
| 2011-03-16 | 14 | 0 | Disclosure Statement Pursuant To Rule 7.1, FRCivP | DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff West Virginia Citizens Defense League, Inc. (skh) | ||
| 2011-03-22 | 15 | 0 | Stipulation | STIPULATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' 13 First Amended Complaint to April 15, 2011 by City of Dunbar, City of South Charleston, Benjamin L. Ellis, Masada Enterprises LLC, Elizabeth L. Morgan, Keith T. Morgan, Frank A. Mullens, Jr, Brad L. Rinehart, Jereomy W. Schulz, West Virginia Citizens Defense League, Inc., Earl Whittington, Jack Yeager (Arceneaux, Webster) (Modified for clarity of text and to remove Brent Webster as a filer on 3/22/2011) (skh). | ||
| 2011-03-28 | 16 | 0 | Motion / Application / Petition to Dismiss | MOTION by City of Charleston, Danny Jones, Brent Webster to Dismiss 13 First Amended Complaint (Brown, Ricklin) (Modified text to conform to filed document on 3/29/2011) (skh). | 2011-10-25 02:00:12 | 0d9aef756e56e505a76b0f90553c4218a0153824 |
| 2011-03-28 | 17 | 0 | Memorandum In Support | MEMORANDUM by City of Charleston, Danny Jones, Brent Webster in support of 16 MOTION by City of Charleston, Danny Jones, Brent Webster to Dismiss 13 First Amended Complaint (Brown, Ricklin) (Modified text to conform to filed document on 3/29/2011) (skh). | 2011-10-25 02:00:34 | 4b4bc45314fc42ed2ad4b9bc043dffa1cc5fec6b |
| 2011-04-15 | 18 | 0 | Motion / Application / Petition to Dismiss | MOTION by City of Dunbar, Jack Yeager, Earl Whittington to Dismiss 13 First Amended Complaint (Elliott, Spencer) (Modified on 4/17/2011 to add additional filers and link to #13 first amended complaint) (skh). | 2011-04-15 20:03:26 | 22ff382bfa7929098829f6cfc9256ce2f84747d2 |
| 2011-04-15 | 19 | 0 | Memorandum In Support | MEMORANDUM by City of Dunbar, Jack Yeager, Earl Whittington in support of 18 MOTION by City of Dunbar, Jack Yeager, Earl Whittington to Dismiss 13 First Amended Complaint (Elliott, Spencer) (Modified text to conform to filed document and to add additional filers on 4/17/2011 )(skh). | ||
| 2011-04-15 | 20 | 0 | Motion / Application / Petition for Leave to File | MOTION by Brady Center to Prevent Gun Violence for Leave to File an Amicus Brief in Support of Defendants (Attachment: # 1 Exhibit A - Brief of Amicus Curiae Brady Center to Prevent Gun Violence in Support of Defendants)(French, Ashley) (Modified on 4/17/2011 to remove duplicate text and to edit description of attachment) (skh). | 2011-04-15 20:06:05 | add16cd03b0e7a17119f40ca2a0d5179ab7869b5 |
| 2011-04-15 | 21 | 0 | Motion / Application / Petition to Dismiss | MOTION by City of South Charleston, Frank A. Mullens, Jr, Brad L. Rinehart to Dismiss 13 First Amended Complaint (Moore, W.) (Modified on 4/17/2011 to add link to #13 first amended complaint) (skh). | ||
| 2011-04-15 | 22 | 0 | Memorandum In Support | MEMORANDUM by City of South Charleston, Frank A. Mullens, Jr, Brad L. Rinehart in support of 21 MOTION by City of South Charleston, Frank A. Mullens, Jr, Brad L. Rinehart to Dismiss 13 First Amended Complaint (Moore, W.) (Modified text to conform to filed document on 4/17/2011) (skh). | ||
| 2011-04-20 | 23 | 0 | Docket Annotation (Public) | EMAIL NOTIFICATION to Daniel R. Vice and Jonathan E. Lowy, Re: Electronic filing. (Attachments: # 1 Clerk's Notice) (jkk) | ||
| 2011-04-25 | 24 | 0 | Judge Copenhaver's Order and Notice | ORDER AND NOTICE: Rule 26(f) Meeting 5/26/2011. Last day to file report of Rule 26(f) Meeting 6/2/2011. Scheduling Conference at 10:00 AM on 6/17/2011 in Charleston. Entry of Scheduling Order 6/24/2011. Last Day to make Rule 26(a)(1) disclosures 6/27/2011. Signed by Judge John T. Copenhaver, Jr. on 4/25/2011. (cc: attys; any unrepresented parties) (mkw) | 2011-04-28 14:06:05 | 9616a2450ec50f1cfb04dd91f07b649c3c94a666 |
| 2011-04-29 | 25 | 0 | Motion / Application / Petition to Stay | JOINT MOTION by City of Charleston, Danny Jones, Brent Webster, City of Dunbar, Jack Yeager, Earl Whittington, City of South Charleston, Frank A. Mullens, Jr, Brad L. Rinehart, West Virginia Citizens Defense League, Inc., Benjamin L. Ellis, Masada Enterprises LLC, Elizabeth L. Morgan, Keith T. Morgan, Jereomy W. Schulz for Limited Stay of 24 Order and Notice Deadlines and Discovery (Brown, Ricklin) (Modified text to conform to filed document and to add additional filers on 5/1/2011) (skh). | ||
| 2011-05-02 | 26 | 0 | Memorandum In Opposition | MEMORANDUM by Benjamin L. Ellis, Masada Enterprises LLC, Elizabeth L. Morgan, Keith T. Morgan, Jereomy W. Schulz, West Virginia Citizens Defense League, Inc. in opposition to 21 MOTION by City of South Charleston, Frank A. Mullens, Jr, Brad L. Rinehart to Dismiss 13 First Amended Complaint (Attachment: # 1 Declaration of Jereomy Schulz)(Mullins, James) (Modified description of attachment on 5/2/2011) (skh). | 2011-10-25 02:06:21 | 6b8ce3423f17dae7896dbb521c9f9898167a3aa7 |
| 26 | 1 | 2011-10-25 02:08:22 | b3aa3c4e75528dd0bd31e267e2ffadaa0352269c | |||
| 2011-05-02 | 27 | 0 | Memorandum In Opposition | MEMORANDUM by Benjamin L. Ellis, Masada Enterprises LLC, Elizabeth L. Morgan, Keith T. Morgan, Jereomy W. Schulz, West Virginia Citizens Defense League, Inc. in opposition to 18 MOTION by City of Dunbar, Jack Yeager, Earl Whittington to Dismiss 13 First Amended Complaint (Attachment: # 1 Declaration of Elizabeth L. Morgan)(Mullins, James) (Modified description of attachment on 5/2/2011) (skh). | ||
| 2011-05-03 | 28 | 0 | Motion / Application / Petition to Exclude | MOTION by City of Charleston, Danny Jones, Brent Webster to Exclude Any Response by Plaintiffs to the Charleston Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint. (Attachment: # 1 Exhibit A)(Brown, Ricklin) | 2011-10-25 02:03:37 | 545caacdd6e6024c8195e83f2ca8e8b1fc484cda |
| 28 | 1 | 2011-10-25 02:05:13 | 511053eb0e2be157003e82e5f7a0d14a6ee07ab5 | |||
| 2011-05-05 | 29 | 0 | Memorandum In Opposition | MEMORANDUM OF LAW by Benjamin L. Ellis, Masada Enterprises LLC, Elizabeth L. Morgan, Keith T. Morgan, Jereomy W. Schulz, West Virginia Citizens Defense League, Inc. in response and opposition to 16 MOTION by City of Charleston, Danny Jones, Brent Webster to Dismiss 13 First Amended Complaint (Attachment: # 1 Declaration of Keith Morgan)(Mullins, James) (Modified text to conform to filed document and to edit description of attachment on 5/5/2011) (skh). | 2011-05-24 13:32:08 | be93284bef608eed682e6ff98e4de400c92add77 |
| 29 | 1 | Declaration of Keith Morgan | 2011-05-24 13:33:56 | 8f11281918ba0ed0184ca0e2019cbeb2c5b4b573 | ||
| 2011-05-05 | 30 | 0 | Motion / Application / Petition to Extend Time to File Response/Reply | MOTION by Benjamin L. Ellis, Masada Enterprises LLC, Elizabeth L. Morgan, Keith T. Morgan, Jereomy W. Schulz, West Virginia Citizens Defense League, Inc. to Extend Page Limit and Time to Respond for Plaintiff's 29 Memorandum of Law in Response and In Opposition to 5/5/11 (Mullins, James) (Modified text to conform to filed document on 5/5/2011) (skh). | 2011-10-25 02:12:03 | d9fdac983dbe431ace8b2336de43fac28d1cd70c |
| 2011-05-12 | 31 | 0 | Reply to Response | REPLY by City of Dunbar, Earl Whittington, Jack Yeager to 27 Memorandum In Opposition. (Elliott, Spencer) | ||
| 2011-05-12 | 32 | 0 | Reply to Response | REPLY by City of South Charleston, Frank A. Mullens, Jr, Brad L. Rinehart to 26 Memorandum In Opposition. (Moore, W.) (Modified on 5/13/2011 to add link to #16 memorandum and to remove link to #29 memorandum) (skh). | ||
| 2011-05-16 | 33 | 0 | Reply to Response | REPLY by City of Charleston, Danny Jones, Brent Webster to 29 Memorandum In Opposition. (Brown, Ricklin) | 2011-05-24 13:30:23 | 3f820c274f193f6cddfa4cf4072df861f7cccd83 |
| 2011-05-19 | 34 | 0 | Order on Motion / Application / Petition to Stay | MEMORANDUM OPINION AND ORDER granting the Brady Center to Prevent Gun Violence's 20 MOTION for Leave to File an amicus brief and it is filed this date; granting the parties' 25 JOINT MOTION to Stay the order and notice deadlines and discovery pending a ruling on the motions to dismiss, directing this action is stayed pending the further order of the court, with the exception of the briefing deadlines set forth herein or otherwise applicable under the Local Rules of Civil Procedure; denying the 28 MOTION to Exclude; granting the 30 MOTION to exceed and extend; plaintiffs' 29 proposed response to the Charleston defendants' motion to dismiss, received 5/5/2011, is deemed timely and otherwise in accordance with the page limitation found in the Local Rules of Civil Procedure. Signed by Judge John T. Copenhaver, Jr. on 5/19/2011. (cc: attys; any unrepresented parties) (taq) | 2011-05-24 13:36:04 | 05b2b3853a8a99178fe0928803bc65ace17d0c76 |
| 2011-05-19 | 35 | 0 | Brief In Support | BRIEF OF AMICUS CURIAE by Brady Center to Prevent Gun Violence in support of defendants' 16 , 18 and 21 MOTIONS to Dismiss. (taq) | 2011-05-24 13:29:18 | 0a40750e6abfaa542479473da0db87b9ecfa4646 |
| 2011-07-01 | 36 | 0 | Memorandum & Opinion | MEMORANDUM OPINION AND ORDER directing that the plaintiffs file their briefs respecting applicability of the Pullman doctrine no later than 7/14/2011; the Charleston defendants, the Dunbar defendants, and the South Charleston defendants file their consolidated response to the plaintiffs' brief by 7/28/2011; and the plaintiffs are given leave to reply if they so desire by 8/10/2011. Signed by Judge John T. Copenhaver, Jr. on 7/1/2011. (cc: attys; any unrepresented parties) (cbo) (Modified for clarity of text on 7/5/2011) (skh). | 2011-07-09 11:33:07 | 7eda699b292e0ca6ccf76216608edff29fa150d2 |
| 2011-07-14 | 37 | 0 | RESPONSE AND OBJECTIONS by Benjamin L. Ellis, Masada Enterprises LLC, Elizabeth L. Morgan, Keith T. Morgan, Jereomy W. Schulz, West Virginia Citizens Defense League, Inc. to Proposed Pullman abstention in Response to the Court's 36 Memorandum Opinion and Order. (Mullins, James) (Modified text to conform to filed document on 7/14/2011) (skh). | 2011-07-19 10:39:08 | 768d2a2b041c183acc847f36ff73e0af6d919c96 | |
| 2011-07-28 | 38 | 0 | RESPONSE by City of Charleston, City of Dunbar, City of South Charleston, Danny Jones, Frank A. Mullens, Jr, Brad L. Rinehart, Brent Webster, Earl Whittington, Jack Yeager in opposition of 37 Response and Objections to Proposed Pullman Abstension (Brown, Ricklin) (Modified on 7/28/2011 to add link to #37 response and objections and to remove link to #36 order) (skh). | 2011-08-13 22:46:20 | 8be26e32c15e26113b9a66608d9ca9ed48e8ddfd | |
| 2011-08-04 | 39 | 0 | FIRST NOTICE of Supplemental Legal Authority by Benjamin L. Ellis, Masada Enterprises LLC, Elizabeth L. Morgan, Keith T. Morgan, Jereomy W. Schulz, West Virginia Citizens Defense League, Inc. to 26 Memorandum In Opposition to 21 MOTION by City of South Charleston, Frank A. Mullens, Jr, Brad L. Rinehart to Dismiss First Amended Complaint, 27 Memorandum In Opposition to 18 MOTION by City of Dunbar, Jack Yeager, Earl Whittington to Dismiss First Amended Complaint and 29 Memorandum In Opposition to 16 MOTION by City of Charleston, Danny Jones, Brent Webster to Dismiss First Amended Complaint (Mullins, James) (Modified for clarity of text on 8/4/2011) (skh). | 2011-08-13 22:50:46 | ac4c5698f931918d040be55129d5123dcd24e69a | |
| 2011-08-11 | 40 | 0 | REPLY by Benjamin L. Ellis, Masada Enterprises LLC, Elizabeth L. Morgan, Keith T. Morgan, Jereomy W. Schulz, West Virginia Citizens Defense League, Inc. to 38 Response to Objections. (Mullins, James) (Modified on 8/11/2011 to add link to #38 response and to remove link to #36 order) (skh). | 2011-08-13 22:54:03 | 555ead2dba1c0dfce5363db1c1c3bd2324e28295 | |
| 2012-09-20 | 41 | 0 | MEMORANDUM OPINION AND ORDER: granting in part and denying in part 16 Charleston defendants' MOTION to Dismiss; denying the Dunbar defendantss 18 Motion to Dismiss and denying South Charleston defendants' 21 MOTION to Dismiss; that this action is stayed and retired to the inactive docket to permit plaintiffs to present their state law claims to a state court of competent jurisdiction; that the defendants are given leave to delay the filing of their respective answers to the amended complaint pending the further order of the court following the lifting of the stay; and that, in the event that the state courts do not resolve the parties' dispute on state law grounds, plaintiffs are given leave to return to this court for adjudication of their federal claims. Signed by Judge John T. Copenhaver, Jr. on 9/20/2012. (cc: attys; any unrepresented party; WVCDL, Masada Enterprises LLC & Benjamin Ellis via certified mail, rrr; and Keith Morgan, WVCDL President @ kmorgan@wvcdl.org, Leonard Roman, WVCDL Vice President @ lroman@wvcdl.org) (cds) | 2012-09-21 10:44:58 | 6e10500e822185237eea87a534e377bc7fdd50b2 | |
| 2012-09-24 | 42 | 0 | CERTIFIED RETURN RECEIPT CARD addressed to Benjamin Ellis, signed by Chasity Ellis on 9/21/2012, received by Clerk, verifying Benjamin Ellis's receipt of the Order entered 9/20/2012. (slr) | |||
| 2012-09-25 | 43 | 0 | CERTIFIED RETURN RECEIPT CARD addressed to Masada Enterprises, LLC, signed by agnet on 9/24/2012, verifying Masada Enterprises, LLC's receipt of Order entered 9/20/2012. (slr) | |||
| 2012-10-11 | 44 | 0 | MAIL RETURNED AS UNDELIVERABLE. Mail sent to WVCDL at P. O. Box 11371, Charleston, WV 25339-1371. Mail was NOT resent to WVCDL; certified mail was returned by USPS marked "UNCLAIMED." (slr) |