West Virginia Southern District Court
Judge:Irene C Berger
Case #: 2:23-cv-00188
Nature of Suit150 Contract - Recovery of Overpayment & Enforcement of Judgment
Cause28:1446 Notice of Removal
Case Filed:Mar 07, 2023
Terminated:Nov 08, 2023
Case in other court:Fayette County Circuit Court, 23-C-20
Last checked: Sunday Sep 03, 2023 4:50 AM EDT
Defendant
Liberty Mutual Insurance Co.
Represented By
Patrick C. Timony
Bowles Rice
contact info
Joshua A. Lanham
Bowles Rice
contact info
Plaintiff
David F. Legg
Represented By
Ian Matthew Shoulders
Mountain State Justice
contact info
Sarah K. Brown
Mountain State Justice, Inc.
contact info
Colten Lewis Fleu
Mountain State Justice, Inc.
contact info
Plaintiff
Mary R. Legg
Represented By
Ian Matthew Shoulders
Mountain State Justice
contact info
Sarah K. Brown
Mountain State Justice, Inc.
contact info
Colten Lewis Fleu
Mountain State Justice, Inc.
contact info


Docket last updated: 4 hours ago
Wednesday, November 08, 2023
16 16 2 pgs order Order Dismissing Case Wed 11/08 3:10 PM
AGREED ORDER OF DISMISSAL WITH PREJUDICE having been advised of the settlement and compromise of all claims set forth by Plaintiffs against Defendant, the Court directs that Plaintiffs' claims against the Defendant are DISMISSED WITH PREJUDICE. Signed by Judge Irene C. Berger on 11/8/2023. (cc: counsel of record) (msa)
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15 15 misc Proposed Order Wed 11/08 1:44 PM
PROPOSED ORDER Agreed Order of Dismissal with Prejudice by Liberty Mutual Insurance Co. (Timony, Patrick)
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Thursday, May 11, 2023
14 14 misc Certificate Of Service Thu 05/11 4:08 PM
CERTIFICATE OF SERVICE by Liberty Mutual Insurance Co. for Rule 26(a)(1) Initial Disclosures. (Timony, Patrick)
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13 13 misc Certificate Of Service Thu 05/11 9:37 AM
CERTIFICATE OF SERVICE by David F. Legg, Mary R. Legg for Rule 26(a)(1) Initial Disclosures. (Fleu, Colten)
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Wednesday, May 03, 2023
12 12 6 pgs order Order on Motion / Application / Petition to Dismiss Wed 05/03 2:50 PM
MEMORANDUM OPINION AND ORDER denying5 MOTION by Liberty Mutual Insurance Co. to Dismiss Complaint, as set forth more fully herein. Signed by Judge Irene C. Berger on 5/3/2023. (cc: counsel of record; any unrepresented party) (kew)
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Thursday, April 20, 2023
11 11 respm Response In Support Thu 04/20 1:29 PM
RESPONSE by Liberty Mutual Insurance Co. in support of5 MOTION by Liberty Mutual Insurance Co. to Dismiss Complaint. (Timony, Patrick)
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Friday, April 14, 2023
10 10 respm Response In Opposition Fri 04/14 1:10 PM
RESPONSE by David F. Legg, Mary R. Legg in opposition to5 MOTION by Liberty Mutual Insurance Co. to Dismiss Complaint (Fleu, Colten)
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9 9 notice Notice Of Attorney Appearance Fri 04/14 1:01 PM
NOTICE OF ATTORNEY APPEARANCE by Ian Matthew Shoulders on behalf of David F. Legg, Mary R. Legg. (Shoulders, Ian)
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Thursday, April 06, 2023
8 8 order Judge Berger's Scheduling Order Thu 04/06 2:44 PM
SCHEDULING ORDER directing that the scheduling conference is cancelled and that this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 6/9/2023. Last date to serve discovery requests - 9/29/2023. All discovery to be completed - 10/20/2023. Last date to complete depositions - 11/9/2023. Opening Rule 26 expert disclosures - 8/11/2023. Responsive Rule 26 expert disclosures - 8/25/2023. Rebuttal Rule 26 expert disclosure - 9/1/2023. Dispositive motions deadline - 12/7/2023. Responses to dispositive motions are due within 14 days, with replies due within 7 days. Settlement Meeting must be held 45 days prior to Pretrial Conference. Mediation must be concluded 30 days prior to Pretrial Conference. A written status report is due within 5 days of completion of mediation. If the case is not settled, all Rule 26(a)(3) disclosures are due 30 days prior to Pretrial Conference. Motions in limine deadline - 2/16/2024. Responses for motions in limine - 2/23/2024. Proposed voir dire, jury instructions, and verdict form - 4/8/2024. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 4/3/2024, Integrated pretrial order - 4/10/2024. Pretrial Conference/Final Settlement Conference on 4/17/2024 at 1:30 PM. Trial on 4/29/2024 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 4/6/2023. (cc: counsel of record; any unrepresented party) (btm)
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Wednesday, April 05, 2023
7 7 misc Rule 26(f) Report Of Planning Meeting Wed 04/05 10:24 AM
RULE 26(f) REPORT OF PLANNING MEETING by David F. Legg, Mary R. Legg. (Fleu, Colten)
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Friday, March 31, 2023
6 6 11 pgs respm Memorandum In Support Fri 03/31 2:22 PM
MEMORANDUM OF LAW by Liberty Mutual Insurance Co. in support of5 MOTION by Liberty Mutual Insurance Co. to Dismiss With Prejudice re:1 Notice of Removal,. (Timony, Patrick)
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5 5 motion Dismiss Fri 03/31 2:21 PM
MOTION by Liberty Mutual Insurance Co. to Dismiss With Prejudice re:1 Notice of Removal,.(Timony, Patrick)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4,
Att: 5 Exhibit 5,
Att: 6 Exhibit 6,
Att: 7 Exhibit 7,
Att: 8 Exhibit 8,
Att: 9 Exhibit 9,
Att: 10 Exhibit 10,
Att: 11 Exhibit 11
Monday, March 13, 2023
4 4 answer Answer To Complaint Attached To Notice Of Removal Mon 03/13 3:48 PM
ANSWER TO COMPLAINT ATTACHED TO NOTICE OF REMOVAL with Jury Demand by Liberty Mutual Insurance Co..(Timony, Patrick)
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Friday, March 10, 2023
3 3 order Judge Berger's Order and Notice Fri 03/10 9:16 AM
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 3/31/2023. Last day for Rule 26(f) meeting - 4/7/2023. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 4/14/2023. Scheduling Conference at 02:00 PM in Charleston, West Virginia on 4/27/2023, before the undersigned, unless cancelled. Entry of Scheduling Order - 5/4/2023. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 5/11/2023. Signed by Judge Irene C. Berger on 3/10/2023. (cc: counsel of record; any unrepresented party) (mfo)
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Thursday, March 09, 2023
2 2 order Mag. Judge Aboulhosn - Judge Berger Administrative Order Thu 03/09 9:23 AM
ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc)
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Tuesday, March 07, 2023
1 1 5 pgs cmp Notice Of Removal Wed 03/08 10:48 AM
NOTICE OF REMOVAL by Liberty Mutual Insurance Co. with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Fayette County. Filing Fee $402.00. Receipt #AWVSDC-8377908. (btm)
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Att: 1 23 pgs Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Civil Cover Sheet
utility Case Assigned Thu 03/09 9:22 AM
CASE assigned to Judge Irene C. Berger. (klc)
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