West Virginia Southern District Court
Judge:David A Faber
Case #: 1:24-cv-00146
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Mar 22, 2024
Last checked: Wednesday Sep 18, 2024 6:25 AM EDT
Defendant
Dep. M. S. Altice
Represented By
Wendy E. Greve
Pullin Fowler Flanagan Brown & Poe
contact info
Drannon L. Adkins
Pullin Fowler Flanagan Brown & Poe
contact info
Defendant
Dep. J. A. Brooks
Represented By
Wendy E. Greve
Pullin Fowler Flanagan Brown & Poe
contact info
Drannon L. Adkins
Pullin Fowler Flanagan Brown & Poe
contact info
Defendant
Dep. J. P. Conner
Represented By
Wendy E. Greve
Pullin Fowler Flanagan Brown & Poe
contact info
Drannon L. Adkins
Pullin Fowler Flanagan Brown & Poe
contact info
Defendant
Dep. T. A. Lacy
Represented By
Wendy E. Greve
Pullin Fowler Flanagan Brown & Poe
contact info
Drannon L. Adkins
Pullin Fowler Flanagan Brown & Poe
contact info
Defendant
Dep. J. W. Lucas
Represented By
Wendy E. Greve
Pullin Fowler Flanagan Brown & Poe
contact info
Drannon L. Adkins
Pullin Fowler Flanagan Brown & Poe
contact info
Defendant
Sgt. W. E. Rose
Represented By
Wendy E. Greve
Pullin Fowler Flanagan Brown & Poe
contact info
Drannon L. Adkins
Pullin Fowler Flanagan Brown & Poe
contact info
Plaintiff
Gerald Leon Honaker
Represented By
John H. Bryan
John H. Bryan, Attorneys At Law
contact info


Docket last updated: 04/23/2025 11:59 PM EDT
Tuesday, March 25, 2025
49 49 notice Notice To Take Or Amend Deposition Tue 03/25 4:21 PM
NOTICE TO TAKE DEPOSITION by Gerald Leon Honaker of Dep. T.A. Lacy on 5/8/25 at 1:00 p.m. (Bryan, John)
Related: [-]
48 48 notice Notice To Take Or Amend Deposition Tue 03/25 4:18 PM
NOTICE TO TAKE DEPOSITION by Gerald Leon Honaker of Dep. J.P. Conner on 5/22/25 at 11:00 am (Bryan, John)
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47 47 notice Notice To Take Or Amend Deposition Tue 03/25 4:16 PM
NOTICE TO TAKE DEPOSITION by Gerald Leon Honaker of Dep. J.W. Lucas on 5/20/25 at 11:00 am (Bryan, John)
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46 46 notice Notice To Take Or Amend Deposition Tue 03/25 4:13 PM
NOTICE TO TAKE DEPOSITION by Gerald Leon Honaker of Dep. M.S. Altice on 5/20/25 at 10:00 am (Bryan, John)
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45 45 notice Notice To Take Or Amend Deposition Tue 03/25 4:10 PM
NOTICE TO TAKE DEPOSITION by Gerald Leon Honaker of Dep. J.A. Brooks on 5/22/25 at 10:00 am (Bryan, John)
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44 44 notice Notice To Take Or Amend Deposition Tue 03/25 4:06 PM
NOTICE TO TAKE DEPOSITION by Gerald Leon Honaker of Sgt. W.E. Rose on 5/22/25 at 12:00 pm (Bryan, John)
Related: [-]
43 43 notice Notice To Take Or Amend Deposition Tue 03/25 2:41 PM
AMENDED NOTICE OF DEPOSITION by M. S. Altice, J. A. Brooks, J. P. Conner, T. A. Lacy, J. W. Lucas, W. E. Rose of Gerald Honaker on May 8, 2025 at 10:00 a.m. (Adkins, Drannon)
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Thursday, March 06, 2025
42 42 misc Certificate Of Service Thu 03/06 1:02 PM
CERTIFICATE OF SERVICE by J. P. Conner for Responses to Plaintiff's First Set of Combined Discovery Requests. (Adkins, Drannon)
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41 41 misc Certificate Of Service Thu 03/06 12:58 PM
CERTIFICATE OF SERVICE by J. W. Lucas for Responses to Plaintiff's First Set of Combined Discovery Requests. (Adkins, Drannon)
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40 40 misc Certificate Of Service Thu 03/06 12:52 PM
CERTIFICATE OF SERVICE by W. E. Rose for Responses to Plaintiff's First Set of Discovery Requests. (Adkins, Drannon)
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39 39 misc Certificate Of Service Thu 03/06 12:51 PM
CERTIFICATE OF SERVICE by T. A. Lacy for Responses to Plaintiff's First Set of Combined Discovery Requests. (Adkins, Drannon)
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38 38 misc Certificate Of Service Thu 03/06 12:49 PM
CERTIFICATE OF SERVICE by J. A. Brooks for Responses to Plaintiff's First Set of Combined Discovery Requests. (Adkins, Drannon)
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37 37 misc Certificate Of Service Thu 03/06 12:47 PM
CERTIFICATE OF SERVICE by M. S. Altice for Responses to Plaintiff's First Set of Combined Discovery Requests. (Adkins, Drannon)
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Friday, January 31, 2025
36 36 order Judge Faber's Amended Scheduling Order Fri 01/31 12:49 PM
AMENDED SCHEDULING ORDER granting the parties'35 JOINT MOTION to Extend Deadlines as follows: The parties shall complete all discovery requests by 4/28/2025, and all depositions by 6/12/2025. All dispositive motions, except those filed under Rule 12(b), shall be filed and served by 7/2/2025, with responses and replies due thereafter in accordance with the Local Rules. No later than 10/13/2025, parties and their counsel shall meet to conduct settlement negotiations. All motions in limine shall be filed and served by 10/20/2025, with responses due by 10/27/2025. Plaintiff's portion of the proposed integrated pretrial order is due to opposing counsel by 10/24/2025, who shall then prepare the opposing portion thereof and submit the proposed integrated pretrial order no later than 10/31/2025. A final pretrial conference shall be held at 2:30 PM, on 11/3/2025, in Bluefield. Proposed charge to the jury submitted by 12/4/2025. A final settlement conference shall be held at 11:00 AM, on 12/8/2025, in Bluefield. Trial of this action shall be held at 9:30 AM, on 12/9/2025, in Bluefield. Any mediation scheduled by the parties must be concluded by 7/9/2025. Signed by Senior Judge David A. Faber on 1/31/2025. (cc: counsel of record and any unrepresented party) (arb)
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Wednesday, January 15, 2025
35 35 motion Extend Time To Complete Discovery Wed 01/15 4:33 PM
JOINT MOTION by Gerald Leon Honaker to Extend Time to Complete Discovery to 03/20/2025 (Bryan, John)
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Monday, December 23, 2024
34 34 misc Certificate Of Service Mon 12/23 1:14 PM
CERTIFICATE OF SERVICE by W. E. Rose, J. A. Brooks, M. S. Altice, J. W. Lucas, J. P. Conner, T. A. Lacy for Rule 26(a)(2) Expert Testimony Disclosures. (Adkins, Drannon)
Related: [-]
33 33 notice Notice To Take Or Amend Deposition Mon 12/23 11:19 AM
NOTICE OF DEPOSITION by W. E. Rose, J. A. Brooks, M. S. Altice, J. W. Lucas, J. P. Conner, T. A. Lacy of Gerald Honaker on January 15, 2025 at 10:00 a.m. (Adkins, Drannon)
Related: [-]
Friday, December 06, 2024
32 32 misc Certificate Of Service Fri 12/06 4:01 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for PLAINTIFFS FIRST SET OF COMBINED DISCOVERY REQUESTS TO DEFENDANT DEP. T.A. LACY. (Bryan, John)
Related: [-]
31 31 misc Certificate Of Service Fri 12/06 3:59 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for PLAINTIFFS FIRST SET OF COMBINED DISCOVERY REQUESTS TO DEFENDANT DEP. J.P. CONNER. (Bryan, John)
Related: [-]
30 30 misc Certificate Of Service Fri 12/06 3:53 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for PLAINTIFFS FIRST SET OF COMBINED DISCOVERY REQUESTS TO DEFENDANT DEP. J.W. LUCAS. (Bryan, John)
Related: [-]
29 29 misc Certificate Of Service Fri 12/06 3:45 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for PLAINTIFFS FIRST SET OF COMBINED DISCOVERY REQUESTS TO DEFENDANTDEP. M.S. ALTICE. (Bryan, John)
Related: [-]
28 28 misc Certificate Of Service Fri 12/06 3:44 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for PLAINTIFFS FIRST SET OF COMBINED DISCOVERY REQUESTS TO DEFENDANT DEP. J.A. BROOKS. (Bryan, John)
Related: [-]
27 27 misc Certificate Of Service Fri 12/06 3:43 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for PLAINTIFFS FIRST SET OF COMBINED DISCOVERY REQUESTS TO DEFENDANT SGT W.E. ROSE. (Bryan, John)
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Thursday, November 21, 2024
26 26 misc Certificate Of Service Thu 11/21 3:08 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for Rule 26(a)(2) Expert Testimony Disclosures. (Bryan, John)
Related: [-]
Wednesday, October 02, 2024
25 25 misc Certificate Of Service Wed 10/02 3:39 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for Plaintiff's Fourth Supplemental Response To Defendants' First Set Of Interrogatories And Requests For Production Of Documents To Plaintiff. (Bryan, John)
Related: [-]
Friday, September 13, 2024
24 24 misc Certificate Of Service Fri 09/13 3:12 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for Third Supplemental Response To Defendants' First Set Of Interrogatories And Requests For Production Of Documents To Plaintiff. (Bryan, John)
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Monday, September 09, 2024
23 23 misc Certificate Of Service Mon 09/09 3:13 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for Plaintiff's Second Supplemental Response To Defendants' First Set Of Interrogatories And Requests For Production Of Documents To Plaintiff. (Bryan, John)
Related: [-]
Thursday, September 05, 2024
22 22 misc Certificate Of Service Thu 09/05 4:04 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for Plaintiff's First Supplemental Response To Defendants' First Set Of Interrogatories And Requests For Production Of Documents To Plaintiff. (Bryan, John)
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Tuesday, September 03, 2024
21 21 1 pgs order Order Transferring MJ Referral for Discovery Tue 09/03 1:57 PM
CLERK'S ORDER. Due to the retirement of Magistrate Judge Cheryl A. Eifert, the above-styled civil action is referred to Magistrate Judge Joseph K. Reeder for discovery disputes. Signed by Clerk of Court Rory L. Perry II on 9/3/2024. (cc: counsel of record; any unrepresented party) (klc)
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Tuesday, August 13, 2024
20 20 misc Certificate Of Service Tue 08/13 5:05 PM
AMENDED CERTIFICATE OF SERVICE by Gerald Leon Honaker for PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF. (Bryan, John)
Related: [-]
19 19 misc Certificate Of Service Tue 08/13 5:02 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for PLAINTIFFS RESPONSE TO DEFENDANTS FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF. (Bryan, John)
Related: [-]
Thursday, July 11, 2024
18 18 misc Certificate Of Service Thu 07/11 3:03 PM
CERTIFICATE OF SERVICE by M. S. Altice, J. A. Brooks, J. P. Conner, T. A. Lacy, J. W. Lucas, W. E. Rose for First Set of Interrogatories and Requests for Production of Documents to Plaintiff. (Adkins, Drannon)
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Monday, June 17, 2024
17 17 misc Certificate Of Service Mon 06/17 4:27 PM
CERTIFICATE OF SERVICE by Gerald Leon Honaker for Rule 26(a)(1) Initial Disclosures. (Bryan, John)
Related: [-]
16 16 misc Certificate Of Service Mon 06/17 2:46 PM
CERTIFICATE OF SERVICE by M. S. Altice, J. A. Brooks, J. P. Conner, T. A. Lacy, J. W. Lucas, W. E. Rose for Rule 26(a)(1) Initial Disclosures. (Adkins, Drannon)
Related: [-]
Monday, June 03, 2024
15 15 order Judge Faber's Scheduling Order Mon 06/03 11:14 AM
SCHEDULING ORDER: The amendment of any pleading and the joinder by plaintiff shall be completed no later than 7/3/2024, and by the defendant no later than 8/2/2024. The parties shall complete all discovery requests by 12/6/2024, and all depositions by 1/20/2025. Expert witnesses: The party bearing the burden of proof shall make the disclosures no later than 11/21/2024. The party not bearing burden of proof shall make disclosures by 12/23/2024. All parties shall provide the disclosures to solely contradict or rebut evidence no later than 1/6/2025. All dispositive motions, except those filed under Rule 12(b), shall be filed and served by 2/10/2025, with responses and replies due thereafter in accordance with the Local Rules. Any mediation scheduled by the parties must be concluded by 5/19/2025. No later than 5/9/2025, parties and their counsel shall meet to conduct settlement negotiations. All motions in limine shall be filed and served by 5/16/2025, with responses due by 5/23/2025. Plaintiff's portion of the proposed integrated pretrial order is due to opposing counsel by 5/19/2025, who shall then prepare the opposing portion thereof and submit the proposed integrated pretrial order no later than 5/26/2025. A final pretrial conference shall be held at 2:00 PM, on 6/2/2025, in Bluefield. Proposed charge to the jury submitted by 7/3/2025. A final settlement conference shall be held at 10:00 AM, on 7/7/2025, in Bluefield. Trial of this action shall be held at 09:30 AM, on 7/8/2025, in Bluefield. Signed by Senior Judge David A. Faber on 6/3/2024. (cc: counsel of record; any unrepresented party) (mk)
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Tuesday, May 28, 2024
14 14 order Protective Order Tue 05/28 9:01 AM
PROTECTIVE ORDER: Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 5/28/2024. (cc: counsel of record) (arb)
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13 13 5 pgs order Order Tue 05/28 8:56 AM
ORDER SETTING DEPOSITION PROTOCOL: The parties have agreed to a protocol governing the taking of depositions in this case. Therefore, it is ORDERED that the protocol set forth herein shall be followed with all depositions conducted herein. Signed by Magistrate Judge Cheryl A. Eifert on 5/28/2024. (cc: counsel of record) (arb)
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Friday, May 24, 2024
12 12 1 pgs order Order Cancelling Deadline Fri 05/24 10:55 AM
ORDER cancelling the Scheduling Conference previously scheduled for 6/3/2024. Signed by Senior Judge David A. Faber on 5/24/2024. (cc: counsel of record) (arb)
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11 11 misc Proposed Order Fri 05/24 9:55 AM
PROPOSED ORDER Agreed Order Governing The Inadvertent Disclosure of Documents or Other Material Under Rule 502(d) by M. S. Altice, J. A. Brooks, J. P. Conner, T. A. Lacy, J. W. Lucas, W. E. Rose, Gerald Leon Honaker (Adkins, Drannon) (Modified on 5/24/2024 to add party filer) (ts)
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10 10 misc Proposed Order Fri 05/24 9:54 AM
PROPOSED ORDER Order Governing The Inadvertent Disclosure of Documents or Other Material Under Rule 502(b) by M. S. Altice, J. A. Brooks, J. P. Conner, T. A. Lacy, J. W. Lucas, W. E. Rose, Gerald Leon Honaker (Adkins, Drannon) (Modified on 5/24/2024 to add party filer)(ts)
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9 9 misc Proposed Order Fri 05/24 9:54 AM
PROPOSED ORDER Order Setting Deposition Protocol by M. S. Altice, J. A. Brooks, J. P. Conner, T. A. Lacy, J. W. Lucas, W. E. Rose, Gerald Leon Honaker (Adkins, Drannon) (Modified on 5/24/2024 to add party filer) (ts)
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8 8 misc Proposed Order Fri 05/24 9:53 AM
PROPOSED ORDER Protective Order by M. S. Altice, J. A. Brooks, J. P. Conner, T. A. Lacy, J. W. Lucas, W. E. Rose, Gerald Leon Honaker (Adkins, Drannon) (Modified on 5/24/2024 to add party filer) (ts)
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7 7 misc Rule 26(f) Report Of Planning Meeting Fri 05/24 9:53 AM
RULE 26(f) REPORT OF PLANNING MEETING by M. S. Altice, J. A. Brooks, J. P. Conner, T. A. Lacy, J. W. Lucas, W. E. Rose, Gerald Leon Honaker. (Adkins, Drannon) (Modified on 5/24/2024 to add party filer) (ts)
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Thursday, April 18, 2024
6 6 1 pgs order Order RE: Withdraw and Transferring to MJ for Discovery Thu 04/18 9:27 AM
CLERK'S ORDER. Pursuant to5 Order, referral of this civil action for discovery matters is transferred from Magistrate Judge Omar J. Aboulhosn to Magistrate Judge Cheryl A. Eifert. Signed by Clerk of Court Rory L. Perry II on 4/18/2024. (cc: Magistrate Judge Aboulhosn; Magistrate Judge Eifert; counsel of record; any unrepresented party) (klc)
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5 5 1 pgs order Order Thu 04/18 9:07 AM
ORDER transferring this case to the Clerk of Court for reassignment of discovery to another Magistrate Judge. Signed by Magistrate Judge Omar J. Aboulhosn on 4/18/2024. (cc: attys; any unrepresented party) (klc)
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Wednesday, April 17, 2024
4 4 order Judge Faber's Order and Notice Wed 04/17 12:07 PM
ORDER AND NOTICE: Last day for Rule 26(f) meeting - 5/17/2024. Last day to file report of Rule 26(f) meeting and Scheduling Order Worksheet - 5/24/2024. Scheduling conference at 3:00 PM on 6/3/2024, in Bluefield, West Virginia, before the undersigned. Entry of Scheduling Order - 6/7/2024. Last day to make Rule 26(a)(1) disclosures - 6/17/2024. Signed by Senior Judge David A. Faber on 4/17/2024. (cc: counsel of record; any unrepresented parties) (arb)
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3 3 answer Answer To Complaint Wed 04/17 11:13 AM
ANSWER TO1 Complaint With Jury Demand by M. S. Altice, J. A. Brooks, J. P. Conner, T. A. Lacy, J. W. Lucas, W. E. Rose.(Adkins, Drannon) (Modified on 4/17/2024 to add jury demand) (mk)
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Monday, March 25, 2024
2 2 order Mag. Judge Aboulhosn - Standing Order For Assignment And Referral of Civil Actions And Matters Mon 03/25 10:15 AM
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: counsel of record and any pro se party) (arb)
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Friday, March 22, 2024
1 1 cmp Complaint Mon 03/25 10:12 AM
COMPLAINT. Filing Fee $405.00. Receipt # AWVSDC-8618452. (Attachment: #1 Civil Cover Sheet) (arb)
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utility Case Assigned Tue 03/26 8:52 AM
CASE assigned to Senior Judge David A. Faber. (klc)
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