West Virginia Southern District Court
Judge:Irene C Berger
Case #: 2:24-cv-00372
Nature of Suit230 Real Property - Rent Lease & Ejectment
Cause28:1332 Diversity-Breach of Contract
Case Filed:Jul 22, 2024
Last checked: Thursday Sep 05, 2024 4:58 AM EDT
Counter Claimant
Darts Rentals, LLC
Represented By
William V. DePaulo
contact info
Counter Defendant
Foothills Resource Group, Inc.
Represented By
Evan J. Dove
Clay Law Firm
contact info
Defendant
Darts Rentals, LLC
Represented By
William V. DePaulo
contact info
Plaintiff
Foothills Resource Group, Inc.
Represented By
Evan J. Dove
Clay Law Firm
contact info


Docket last updated: 3 hours ago
Monday, October 07, 2024
24 24 misc Letter Mon 10/07 3:52 PM
LETTER to Clerk, Circuit Court of Fayette County, from Clerk, USDC/SDWV dated 10/7/2024, re: transmitting certified copy of docket sheet and original case file pursuant to the23 Memorandum Opinion and Order entered of even date remanding this case. (skm)
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23 23 9 pgs order Memorandum & Opinion ~Util - Terminate Motions Mon 10/07 3:29 PM
MEMORANDUM OPINION AND ORDER directing that Plaintiff's11 MOTION to Remand Case to Circuit Court of Fayette County and Incorporated Memorandum of Law be GRANTED; directing that this matter be REMANDED to the Circuit Court of Fayette County, West Virginia; directing that any pending motions be TERMINATED as MOOT and held for consideration by the Circuit Court of Fayette County, West Virginia; directing that the Clerk REMOVE this matter from the docket. Signed by Judge Irene C. Berger on 10/7/2024. (cc: counsel of record; Clerk of the Circuit Court of Fayette County, West Virginia) (skm)
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Thursday, September 26, 2024
22 22 misc Certificate Of Service Thu 09/26 4:45 PM
CERTIFICATE OF SERVICE by Darts Rentals, LLC for Rule 26(a)(1) Initial Disclosures. (DePaulo, William)
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21 21 misc Certificate Of Service Thu 09/26 4:42 PM
CERTIFICATE OF SERVICE by Foothills Resource Group, Inc. for Rule 26(a)(1) Initial Disclosures. (Dove, Evan)
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Friday, September 20, 2024
20 20 2 pgs order Order on Motion / Application / Petition for Hearing Order on Motion / Application / Petition to Continue Fri 09/20 8:38 AM
ORDER denying Plaintiff's18 MOTION/REQUEST for Earliest Possible Hearing on Motion to Dismiss or for Summary Judgment and Deferral of Date for Rule 26(a)(1) Discovery Production. Signed by Judge Irene C. Berger on 9/19/2024. (cc: counsel of record; any unrepresented party) (jsa)
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Friday, September 13, 2024
19 19 misc Rule 26(f) Report Of Planning Meeting Fri 09/13 11:04 AM
CORRECTED RULE 26(f) REPORT by Darts Rentals, LLC. (Attachment: #1 Worksheet for Report of Parties' Planning Meeting)(DePaulo, William)
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Wednesday, September 11, 2024
18 18 motion Hearing Continue Wed 09/11 11:42 AM
REQUEST by Darts Rentals, LLC for Earliest Possible Hearing on9 Motion to Dismiss Complaint, and, in the Alternative, for Summary Judgment and Deferral of Date for Rule 26(a)(1) Discovery Production re:14 Scheduling Order. (DePaulo, William) (Modified on 9/11/2024 to correct link) (kew)
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17 17 respm Reply To Response Wed 09/11 11:39 AM
REPLY by Darts Rentals, LLC to16 Response and Incorporated Memorandum of Law. (DePaulo, William)
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Wednesday, September 04, 2024
16 16 respm Response In Opposition Wed 09/04 2:56 PM
RESPONSE by Foothills Resource Group, Inc. in opposition to10 Memorandum In Support,9 MOTION by Darts Rentals, LLC to Dismiss ComplaintMOTION by Darts Rentals, LLC for Summary Judgment (Dove, Evan)
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Tuesday, September 03, 2024
15 15 respm Reply To Response Tue 09/03 7:23 PM
REPLY by Darts Rentals, LLC to9 MOTION by Darts Rentals, LLC to Dismiss ComplaintMOTION by Darts Rentals, LLC for Summary Judgment. (DePaulo, William)
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Thursday, August 29, 2024
14 14 order Judge Berger's Scheduling Order Thu 08/29 11:37 AM
SCHEDULING ORDER directing that the scheduling conference previously scheduled for 9/12/2024 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 9/30/2024. Last date to serve discovery requests - 4/4/2025. All discovery to be completed - 5/2/2025. Last date to complete depositions - 6/6/2025. Opening Rule 26 expert disclosures - 2/24/2025. Responsive Rule 26 expert disclosures - 3/25/2025. Rebuttal Rule 26 expert disclosure - 4/15/2025. Dispositive motions deadline - 7/11/2025. 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 - 8/22/2025. Responses for motions in limine - 8/29/2025. Proposed Findings of Fact/Conclusions of Law by 10/6/2025; The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 10/2/2025, Integrated pretrial order - 10/9/2025. Pretrial Conference/Final Settlement Conference on 10/16/2025 at 1:30 PM. Bench Trial on 10/27/2025 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 8/29/2024. (cc: counsel of record; any unrepresented party) (mfo)
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Wednesday, August 28, 2024
13 13 misc Rule 26(f) Report Of Planning Meeting Wed 08/28 1:48 PM
PARTIES SCHEDULING REPORT by Darts Rentals, LLC, Foothills Resource Group, Inc. (Attachment: #1 Worksheet for Report of Parties' Planning Meeting)(DePaulo, William) (Modified on 8/28/2024 to add party filer) (kew)
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12 12 respm Response In Opposition Wed 08/28 1:38 PM
RESPONSE by Darts Rentals, LLC in opposition to11 MOTION by Foothills Resource Group, Inc. to Remand Case to Circuit Court of Fayette County (DePaulo, William)
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Friday, August 16, 2024
11 11 motion Remand To Circuit Court Fri 08/16 3:53 PM
MOTION by Foothills Resource Group, Inc. to Remand Case to Circuit Court of Fayette County (Dove, Evan)
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Wednesday, August 14, 2024
10 10 30+ pgs respm Memorandum In Support Wed 08/14 5:59 PM
MEMORANDUM OF LAW by Darts Rentals, LLC in support of9 MOTION by Darts Rentals, LLC to Dismiss Without Prejudice.MOTION by Darts Rentals, LLC for Summary Judgment (DePaulo, William)
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9 9 motion Dismiss Summary Judgment Wed 08/14 5:58 PM
MOTION by Darts Rentals, LLC to Dismiss Without Prejudice., MOTION by Darts Rentals, LLC for Summary Judgment(DePaulo, William)
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Att: 1 Exhibit EXHIBITS A - J
Tuesday, August 13, 2024
8 8 misc Disclosure Statement Pursuant To Rule 7.1, FRCivP Tue 08/13 5:17 PM
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff Foothills Resource Group, Inc. (Dove, Evan)
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7 7 answer Answer To Counterclaim Tue 08/13 5:12 PM
ANSWER TO3 Answer to Complaint attached to Notice of Removal, Counterclaim by Foothills Resource Group, Inc..(Dove, Evan)
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Wednesday, July 24, 2024
6 6 order Judge Berger's Order and Notice Wed 07/24 10:50 AM
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 8/14/2024. Last day for Rule 26(f) meeting - 8/21/2024. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 8/28/2024. Scheduling Conference at 2:30 PM in Charleston, West Virginia on 9/12/2024, before the undersigned, unless cancelled. Entry of Scheduling Order - 9/19/2024. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 9/26/2024. Signed by Judge Irene C. Berger on 7/24/2024. (cc: counsel of record; any unrepresented party) (mfo)
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Tuesday, July 23, 2024
5 5 notice Notice Of Change Of Address Tue 07/23 10:24 AM
NOTICE OF CHANGE OF ADDRESS by William V. DePaulo (DePaulo, William)
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4 4 order Mag. Judge Aboulhosn - Judge Berger Administrative Order Tue 07/23 9:53 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: counsel of record and any pro se party) (klc)
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Monday, July 22, 2024
3 3 answer Answer To Complaint Attached To Notice Of Removal Counterclaim Mon 07/22 5:28 PM
ANSWER TO COMPLAINT ATTACHED TO1 NOTICE OF REMOVAL by Darts Rentals, LLC and COUNTERCLAIM by Darts Rentals, LLC against Foothills Resource Group, Inc. (kew)
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2 2 misc Disclosure Statement Pursuant To Rule 7.1, FRCivP Mon 07/22 5:26 PM
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Darts Rentals, LLC. (kew)
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1 1 cmp Notice Of Removal Mon 07/22 5:25 PM
NOTICE OF REMOVAL by Darts Rentals, LLC with summons, complaint and docket sheet from Circuit Court of Fayette County. Filing Fee $405.00. Receipt #AWVSDC-8696020. (kew)
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Att: 1 State Court Docket Sheet,
Att: 2 State Court Documents,
Att: 3 Civil Cover Sheet
Saturday, July 20, 2024
utility Case Assigned Tue 07/23 9:52 AM
CASE assigned to Judge Irene C. Berger. (klc)
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