West Virginia Southern District Court
Judge:Joseph R Goodwin
Case #: 2:24-cv-00232
Nature of Suit950 Other Statutes - Constitutionality of State Statutes
Cause28:2671 Federal Tort Claims Act
Case Filed:May 03, 2024
Re-opened:Sep 10, 2024
Last checked: Saturday Nov 02, 2024 5:20 AM EDT
Defendant
United States of America
Represented By
Jennifer M. Mankins
United States Attorney'S Office
contact info
Plaintiff
Betty Barnett
Represented By
L. Dante DiTrapano
Calwell Luce Ditrapano
contact info
Timothy D. Houston
Calwell Luce Ditrapano
contact info
David H. Carriger
Calwell Luce Ditrapano
contact info
Richard D. Lindsay
Tabor Lindsay & Associates
contact info
Richard D. Lindsay, II
Tabor Lindsay & Associates
contact info
Plaintiff
Christina Barnett
Represented By
L. Dante DiTrapano
Calwell Luce Ditrapano
contact info
Timothy D. Houston
Calwell Luce Ditrapano
contact info
David H. Carriger
Calwell Luce Ditrapano
contact info
Richard D. Lindsay
Tabor Lindsay & Associates
contact info
Richard D. Lindsay, II
Tabor Lindsay & Associates
contact info


Docket last updated: 11/03/2024 11:59 PM EST
Friday, November 01, 2024
18 18 misc Certificate Of Service Fri 11/01 9:22 AM
CERTIFICATE OF SERVICE by United States of America for Rule 26(a)(1) Initial Disclosures. (Mankins, Jennifer)
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Thursday, October 31, 2024
17 17 misc Certificate Of Service Thu 10/31 11:32 AM
CERTIFICATE OF SERVICE by Betty Barnett, Christina Barnett for Rule 26(a)(1) Initial Disclosures. (Houston, Timothy)
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Monday, October 14, 2024
16 16 misc Certificate Of Service Mon 10/14 11:35 AM
CERTIFICATE OF SERVICE by Betty Barnett, Christina Barnett for Plaintiff's First Set of Requests for Production to Defendant United States of America. (Houston, Timothy)
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15 15 misc Certificate Of Service Mon 10/14 11:33 AM
CERTIFICATE OF SERVICE by Betty Barnett, Christina Barnett for Plaintiff's First Set of Interrogatories to Defendant United States of America. (Houston, Timothy)
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Wednesday, October 02, 2024
14 14 order Judge Goodwin's Scheduling Order Wed 10/02 2:16 PM
SCHEDULING ORDER directing that the scheduling conference previously scheduled for 10/18/2025 is cancelled and that this case shall proceed as follows: Amendment of pleadings and joinder of parties - 12/20/2024. Deadline for written discovery requests - 5/12/2025. Expert disclosure by party with burden of proof - 4/28/2025. Expert disclosure by opposing party - 5/27/2025. Expert disclosure for rebuttal purposes - 6/12/2025. Deposition deadline and close of discovery - 6/26/2025. Filing of dispositive motions - 7/16/2025. Responses to dispositive motions - 7/30/2025. Reply to response to dispositive motion - 8/6/2025. Settlement meeting - 7/26/2025. Filing of motions in limine - 9/23/2025. Responses to motions in limine - 9/30/2025. Plaintiff draft of pretrial order to defendant - 9/22/2025. Integrated pretrial order filed by defendant - 9/29/2025. Pretrial conference on 10/6/2025 at 10:00 AM. Proposed jury instructions filed - 11/4/2025. Final settlement conference on 11/6/2025 at 9:00 AM. Trial on 11/12/2025 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 10/2/2024. (cc: counsel of record; any unrepresented parties) (mfo)
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13 13 misc Rule 26(f) Report Of Planning Meeting Wed 10/02 12:00 PM
RULE 26(f) REPORT OF PLANNING MEETING by Betty Barnett, Christina Barnett. (Houston, Timothy)
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Wednesday, September 11, 2024
12 12 misc Stipulation Wed 09/11 10:45 AM
AMENDED JOINT STIPULATION by United States of America, Betty Barnett, Christina Barnett. (Mankins, Jennifer) (Modified on 9/11/2024 to add party filers) (kew)
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Tuesday, September 10, 2024
11 11 misc Stipulation Tue 09/10 2:54 PM
STIPULATION re:1 Complaint by United States of America (Mankins, Jennifer)
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utility Case Closed - pursuant to Stipulation of Dismissal - NEF Generated Wed 09/11 8:49 AM
CASE CLOSED pursuant to the11 Joint Stipulation. (kew)
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Monday, August 26, 2024
10 10 order Judge Goodwin's Order and Notice Mon 08/26 10:24 AM
ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 9/16/2024. Last day for Rule 26(f) meeting - 9/27/2024. Last day to file report of Rule 26(f) meeting - 10/4/2024. Scheduling Conference at 09:00 AM on 10/18/2024 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 10/25/2024. Last day to make Rule 26(a)(1) disclosures - 11/1/2024. Signed by Judge Joseph R. Goodwin on 8/26/2024. (cc: counsel of record; any unrepresented parties) (sbj)
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Friday, August 23, 2024
9 9 answer Answer To Complaint Fri 08/23 1:45 PM
ANSWER TO1 Complaint by United States of America.(Mankins, Jennifer)
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Thursday, August 15, 2024
8 8 service Summons Returned Executed As To USA Thu 08/15 3:28 PM
SUMMONS RETURNED EXECUTED for United States of America, United States of America served on 6/24/2024, answer due 8/26/2024. Person Served: U.S. Department of Health & Human Services Office of the General Counsel.(Houston, Timothy)
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Att: 1 Exhibit
7 7 service Summons Returned Executed As To USA Thu 08/15 3:23 PM
SUMMONS RETURNED EXECUTED for United States of America, United States of America served on 6/25/2024, answer due 8/26/2024. Person Served: USA c/o Attorney General of the United States.(Houston, Timothy)
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Att: 1 Exhibit
6 6 service Summons Returned Executed As To USA Thu 08/15 3:18 PM
SUMMONS RETURNED EXECUTED for United States of America, United States of America served on 6/24/2024, answer due 8/23/2024. Person Served: Office of the United States Attorney for the Southern District of West Virginia.(Houston, Timothy)
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Att: 1 Exhibit
Tuesday, August 13, 2024
5 5 misc Response To Order To Show Cause Tue 08/13 4:32 PM
RESPONSE TO ORDER TO SHOW CAUSE by Betty Barnett, Christina Barnett(Houston, Timothy)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3
Tuesday, August 06, 2024
4 4 1 pgs order Order Tue 08/06 1:58 PM
ORDER directing the plaintiffs to demonstrate good cause for not serving the defendant with process; failure to respond to this notice within ten days or an insufficient showing of good cause will result in dismissal without prejudice of this case against the defendant. Signed by Judge Joseph R. Goodwin on 8/6/2024. (cc: counsel of record; any unrepresented party) (jsa)
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Monday, May 06, 2024
3 3 order Mag. Judge Tinsley - Standing Order For Assignment And Referral of Civil Actions And Matters Mon 05/06 9:15 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 Tinsley. (cc: counsel of record and any pro se party) (klc)
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2 2 service Electronic Summons Issued Mon 05/06 9:10 AM
ELECTRONIC SUMMONS ISSUED as to United States of America, re:1 Complaint. Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (mfo)
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Friday, May 03, 2024
1 1 cmp Complaint Mon 05/06 9:08 AM
COMPLAINT. Filing Fee $405.00. Receipt # AWVSDC-8646650. (mfo)
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Att: 1 Proposed Summons as to Office of the US Attorney for the Southern District of WV,
Att: 2 Civil Cover Sheet
utility Case Assigned Mon 05/06 9:14 AM
CASE assigned to Judge Joseph R. Goodwin. (klc)
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