U.S. District Court
Western District of Virginia (Charlottesville)
CIVIL DOCKET FOR CASE #: 3:15-cv-00016-GEC-JCH
| McFarland v. Chaxu Inc., Assigned to: District Judge Glen E. Conrad and Referred to: Magistrate Judge Joel C. Hoppe Demand: $7,000,000, Cause: 28:1331 Fed. Question: Personal Injury, Date Filed: 04/07/2015 |
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| Janie McFarland (Plaintiff) represented by herself (called “PRO SE”) 36 Genova Court Farmingdale, NY 11735 |
Chaxu Inc, (Defendant) doing business as Charlottesville Super 8 Motel represented by Imie Aisiku Harber Law Office of Christopher R. Costabile 10555 Main Street, Suite 400 Fairfax, VA 22030 Email: imie.aisiku@libertymutual.com LEAD ATTORNEY |
| Date Filed | # | Docket Text |
| 04/07/2015 | 1 | MOTION for Leave to Proceed in forma pauperis by Janie McFarland. (Attachments: # 1 Text of Proposed Order)(mab) (Entered: 04/08/2015) |
| 04/07/2015 | 2 | COMPLAINT against Chaxu Inc., filed by Janie McFarland. 100 Day Notice due by 7/16/2015 120 Day Service due by 8/5/2015 (Attachments: # 1 Civil Cover Sheet, # 2 Proposed summons)(mab) (Entered: 04/08/2015) |
| 04/08/2015 | 3 | ORDER granting 1 Motion for Leave to Proceed in forma pauperis and directing clerk to issue summons for the U.S. Marshals to serve.. Signed by District Judge Glen E. Conrad on 4/8/2015. (mab) (Entered: 04/09/2015) |
| 04/09/2015 | 4 | Summons Issued as to Chaxu Inc.. (Attachments: # 1 USM 285 form)(mab) |
| 05/19/2015 | 5 | Marshal’s Return of service of Summons and Complaint on 5/06/2015 upon Kishor Bhatt for Chaxu Inc. Attn Chaxu V Mehta(mab) (Entered: 05/20/2015) |
| 05/21/2015 | 6 | ANSWER to 2 Complaint by Chaxu Inc..(Aisiku, Imiebihoro) |
| 05/22/2015 | 7 | Magistrate Consent Notice to Parties. (mab) |
| 05/25/2015 | 8 | Scheduling Letter to all parties by counsel thru ECF, and by First Class Mail for pro se plaintiff, w/ possible trial dates. (ssm) |
| 06/08/2015 | 9 | NOTICE of Hearing: (No Interpreter requested) (Court Reporter Needed) Jury Trial set for 12/15/2015 09:30 AM in Charlottesville before District Judge Glen E. Conrad. Counsel must contact the Clerk’s Office no later than five (5) business days before the scheduled trial date for your technology needs. (ssm) |
| 06/08/2015 | 10 | SCHEDULING ORDER: Dispositive Motions Deadline due by 11/5/2015 Jury Trial set for 12/15/2015 09:30 AM in Charlottesville before District Judge Glen E. Conrad. Counsel must contact the Clerk’s Office no later than five (5) business days before the scheduled trial date for your technology needs. Discovery due by 10/30/2015. Signed by District Judge Glen E. Conrad on 06/08/2015. (ssm) |
| 06/08/2015 | 11 | AMENDED SCHEDULING ORDER: Dispositive Motions Deadline due by 2/3/2016 Jury Trial set for 3/14/2016 09:30 AM in Charlottesville before District Judge Glen E. Conrad. Counsel must contact the Clerk’s Office no later than five (5) business days before the scheduled trial date for your technology needs. Discovery due by 1/29/2016.. Signed by District Judge Glen E. Conrad on 06/08/2015. (ssm) |
| 06/08/2015 | 12 | NOTICE of Hearing: (No Interpreter requested) (Court Reporter Needed) Jury Trial set for 3/14/2016 09:30 AM in Charlottesville before District Judge Glen E. Conrad. Counsel must contact the Clerk’s Office no later than five (5) business days before the scheduled trial date for your technology needs. (ssm) (EJM) |
| 08/17/2015 | 13 | MOTION to Compel And for Sanctions by Chaxu Inc.. (Attachments: # 1 Declaration in Support)(Aisiku, Imiebihoro) |
| 10/02/2015 | 14 | Roseboro Notice to pro se plaintiff re Motion to Compel and for Sanctions filed 08/17/2015. Deadline set for 10/26/2015. (ssm) |
| 10/19/2015 | 15 | RESPONSE in Opposition re 13 MOTION to Compel And for Sanctions. filed by Janie McFarland. (Attachments: # 1 Exhibit, # 2 Cover Letter)(hnw) |
| 12/21/2015 | 16 | MOTION for Summary Judgment, MOTION for Oral Hearing by Janie McFarland. (mab) |
| 12/21/2015 | 17 | Brief in Support re 16 MOTION for Summary Judgment and MOTION for Oral Hearing filed by Janie McFarland. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(mab) |
| 12/21/2015 | 18 | NOTICE of Hearing on Motion 13 MOTION to Compel And for Sanctions, 16 MOTION for Summary Judgment MOTION for Hearing : (CR) (No Interpreter requested) Motion Hearing set for 1/12/2015 01:30 PM in Charlottesville before District Judge Glen E. Conrad. (ssm) |
| 12/23/2015 | 19 | NOTICE of Hearing on all riupe, pending motions, including Motion 13 MOTION to Compel And for Sanctions, 16 MOTION for Summary Judgment MOTION for Hearing : (CR) (No Interpreter requested) Motion Hearing set for 1/12/2016 01:30 PM in Charlottesville before District Judge Glen E. Conrad. (ssm) |
| 01/07/2016 | 20 | RESPONSE in Opposition re 16 MOTION for Summary Judgment MOTION for Hearing . filed by Chaxu Inc.. (Aisiku, Imiebihoro) |
| 01/07/2016 | 21 | RESPONSE in Opposition re 16 MOTION for Summary Judgment MOTION for Hearing . filed by Chaxu Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Aisiku, Imiebihoro) |
| 01/07/2016 | 22 | NOTICE by Chaxu Inc. (Aisiku, Imiebihoro) |
| 01/12/2016 | 25 | Minute Entry for proceedings held before District Judge Glen E. Conrad: Motion Hearing held on 1/12/2016 re 13 MOTION to Compel And for Sanctions filed by Chaxu Inc., (Withdrawn) 16 MOTION for Summary Judgment MOTION for Hearing filed by Janie McFarland. (Court Reporter Carol Jacobs.) (ssm) (Entered: 01/19/2016) |
| 01/13/2016 | 24 | Additional Evidence by Janie McFarland (Photos and Flash Drive containing video as referenced in court hearing of 1/12/2016) (ssm) Modified on 1/15/2016 to reflect that counsel for deft acknowledged receipt of same at hearing 1/12/2016. Submission to be placed w/ court’s file in Chambers if needed for review (ssm) (EJM). |
| 01/22/2016 | 26 | Brief / Memorandum in Opposition re 17 Brief / Memorandum in Support, 16 MOTION for Summary Judgment MOTION for Hearing, 21 Response in Opposition to Motion Plaintiff’s Motion for Summary Judgment. filed by Chaxu Inc.. (Attachments: # 1 Exhibit Exhibit D)(Aisiku, Imiebihoro) |
| 01/29/2016 | 27 | MOTION for Summary Judgment by Chaxu Inc.. (Attachments: # 1 Affidavit, # 2 Supplement (Orkin pest control documents), # 3 Deposition Transcript)(Aisiku, Imiebihoro) |
| 01/29/2016 | 28 | Brief/Memorandum in support of MOTION for Summary Judgment by Chaxu Inc.. (Aisiku, Imiebihoro) Modified the docket text on 2/1/2016 to reflect the correct docket event. Filer has been advised of the correct docket event to use for future filings. (hnw). |
| 02/01/2016 | 29 | Roseboro Notice to pro se plaintiff re 27 MOTION for Summary Judgment Deadline set for 2/25/2016. (hnw) |
| 02/05/2016 | 30 | Expert Discovery Report by Chaxu Inc.. (Attachments: # 1 Exhibit Dr. Baddar CV)(Aisiku, Imiebihoro) |
| 02/05/2016 | 31 | Second MOTION for Summary Judgment re: punitive damages by Chaxu Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Aisiku, Imiebihoro) |
| 02/05/2016 | 32 | Brief / Memorandum in Support re 31 Second MOTION for Summary Judgment re: punitive damages . filed by Chaxu Inc.. (Aisiku, Imiebihoro) |
| 02/05/2016 | 33 | First MOTION in Limine re: subsequent remedial measures by Chaxu Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Aisiku, Imiebihoro) |
| 02/05/2016 | 34 | Brief / Memorandum in Support re 33 First MOTION in Limine re: subsequent remedial measures . filed by Chaxu Inc.. (Aisiku, Imiebihoro) |
| 02/09/2016 | 35 | Roseboro Notice re 31 Second MOTION for Summary Judgment re: punitive damages as to Janie McFarland. Deadline set for 3/4/2016. (mab) |
| 02/15/2016 | 36 | Proposed Jury Instructions by Chaxu Inc..(Aisiku, Imiebihoro) |
| 02/19/2016 | 37 | CONSENT to Mediation by Chaxu Inc.(Aisiku, Imiebihoro) |
| 02/19/2016 | 38 | Order Referring Case to Magistrate Judge Joel C. Hoppe for Mediation. Signed by District Judge Glen E. Conrad on 2/19/2016. (mab) |
| 02/22/2016 | 39 | Brief / Memorandum in Opposition re 31 Second MOTION for Summary Judgment re: punitive damages. filed by Janie McFarland. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(mab) Modified on 2/22/2016-removed docket entry relationship to 27 (mab). |
| 02/22/2016 | 40 | Brief / Memorandum in Opposition re 27 MOTION for Summary Judgment . filed by Janie McFarland. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(mab) |
| 02/22/2016 | 41 | Brief in Opposition re 33 First MOTION in Limine re: subsequent remedial measures. filed by Janie McFarland. (Attachments: # 1 Exhibit 1 & 2)(mab) (Entered: 02/23/2016) |
| 02/24/2016 | 42 | NOTICE of Telephonic Hearing: (N) (No Interpreter requested) In Chambers Conference Call set for 2/25/2016 01:00 PM before Magistrate Judge Joel C. Hoppe. Chambers to set up call and email def atty dial in instructions. Call in instructions verbally given to plaintiff by deputy clerk.(kld) |
| 02/25/2016 | 43 | Order Setting Settlement Conference. Settlement Conference set for 3/10/2016 11:00 AM in Charlottesville before Magistrate Judge Joel C. Hoppe. Signed by Magistrate Judge Joel C. Hoppe on 2/25/16. (Attachments: # 1 prep list)(kld) |
| 02/25/2016 | 44 | Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: In Chambers Conference Call re: upcoming mediation held on 2/25/2016. (kld) |
| 02/29/2016 | 45 | Witness List by Chaxu Inc..(Harber, Imie) |
| 02/29/2016 | 46 | DISCOVERY LETTER re: Defendant’s Deposition Designations by Chaxu Inc..(Harber, Imie) |
| 03/07/2016 | 47 | Response in Opposition and Objections to Plaintiff’s Witnesses and Exhibits by Chaxu Inc.(Harber, Imie) Modified on 3/14/2016-changed event type to reflect correctly (mab) (SFEJM). |
| 03/08/2016 | 48 | Notice of Cancellation of Jury Trial 3/14/2016 (No Interpreter requested) (Cancel Court Reporter) To be rescheduled in near future as necessary. (ssm) |
| 03/10/2016 | 49 | Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Settlement Conference held on 3/10/2016. Mediation unsuccessful. (kld) |
| 03/14/2016 | 50 | Notice of Correction re 47 RESPONSE in Opposition; originally filed by counsel as an Exhibit List. Event type was changed to reflect that document is a response and objection to the Plaintiff’s exhibit list. (mab) |
| 03/28/2016 | 51 | Plaintiff’s List of Witnesses and Exhibits by Janie McFarland.(mab) |
| 03/28/2016 | 52 | Plaintiff’s Response to Defendant’s re 47 RESPONSE in Opposition and Objections to Plaintiff’s Witnesses and Exhibits. filed by Janie McFarland. (mab) |
| 03/31/2016 | 53 | Objections by Defendant Chaxu Inc. re 52 Response, 51 Witness List (Harber, Imie) |
| 04/05/2016 | 54 | MEMORANDUM OPINION. Signed by District Judge Glen E. Conrad on 4/5/16. (jcj) |
| 04/05/2016 | 55 | ORDER granting 31 Motion for Summary Judgment; denying 16 Motion for Summary Judgment; denying 27 Motion for Summary Judgment. Signed by District Judge Glen E. Conrad on 4/5/16. (jcj) |
| 04/09/2016 | 56 | NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial reset for 7/20/2016 thru 7/21/2016 09:30 AM in Charlottesville before District Judge Glen E. Conrad. Counsel must contact the Clerk’s Office no later than five (5) business days before the scheduled trial date for your technology needs. (ssm) |
| 04/09/2016 | 57 | FINAL PRETRIAL ORDER. Signed by District Judge Glen E. Conrad on 4/9/2016. (ssm) |
| 04/22/2016 | 58 | Response re 53 Objections to plaintiff’s witnesses and exhibits. filed by Janie McFarland. (Attachments: # 1 Letter from plaintiff)(jcj) |
| 05/09/2016 | 59 | MOTION in Limine AND Brief in Support Excluding Proposed Evidence And Testimony by Chaxu Inc.. (Attachments: # 1 Exhibit Medical Records, # 2 Exhibit Witnesses and Exhibits, # 3 Exhibit Initial Discovery Answers)(Harber, Imie) Modified on 5/9/2016 (hnw). |
| 05/26/2016 | 60 | NOTICE of Hearing on Motion 59 MOTION in Limine Excluding Proposed Evidence And Testimony, 33 First MOTION in Limine re: subsequent remedial measures : (CR) (No Interpreter requested) Telephonic Motion Hearing set for 7/5/2016 09:00 AM in Roanoke before District Judge Glen E. Conrad. (ssm) |
| 05/31/2016 | 61 | Brief / Memorandum in Opposition re 59 MOTION in Limine Excluding Proposed Evidence And Testimony. filed by Janie McFarland. (jcj) |
| 07/05/2016 | 63 | ORDER granting in part and denying in part 33 Motion in Limine Seeking to Exclude Evidence of Remedial Measures ; granting in part and denying in part, and taking under advisement in part 59 Motion in Limine Seeking to Exclude Evidence and Testimony Regarding Medical Treatment, Conditions, and Diagnoses. Signed by District Judge Glen E. Conrad on 7/5/16. (Attachments: # 1 Rules 803(6) and 902(11) of the Federal Rules of Evidence) (hnw) (Main Document 63 replaced on 7/6/2016) to correct typographical error only |
| 07/05/2016 | 64 | Minute Entry for proceedings held before District Judge Glen E. Conrad: In Chambers Conference – Motions #33, 59 held on 7/5/2016. (Court Reporter Bridget Dickert.) (ssm) (Entered: 07/06/2016) |
| 07/20/2016 | 65 | MOTION to Dismiss by Chaxu Inc.. (Harber, Imie) |
| 07/21/2016 | 66 | STIPULATION of Dismissal Final Order by Chaxu Inc. (Harber, Imie) |
| 07/21/2016 | 67 | ORDER granting 65 Motion to Dismiss pursuant to Rule 41 of the Federal Rules of Civil Procedure, this case is Dismissed with prejudice and is stricken from the active docket. Signed by District Judge Glen E. Conrad on 7/21/16. (hnw) |
| 07/21/2016 | 68 | FINAL ORDER, Ordered that the cause of action set forth by the Plaintiff herein are dismissed with prejudice to any further actions with each party bearing their own costs. Signed by District Judge Glen E. Conrad on 7/21/16. (hnw) |