Case: Sheppheard v. Justice

5:23-cv-00530 | U.S. District Court for the Southern District of West Virginia

Filed Date: Aug. 8, 2023

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.) On August 8, 2023, several inmates in the West Virginia prison system filed a complaint against the state, alleging that over-crowding and lack of maintenance led to inhumane living conditions within West Virginian prisons. This lawsuit is ongoing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67675885/parties/sheppheard-v-justice/


Judge(s)

Berger, Irene Cornelia (West Virginia)

Attorney for Plaintiff

Dunlap, Robert (West Virginia)

Attorney for Defendant

Bandy, Kimberly M. (West Virginia)

David, Caleb B. (West Virginia)

Gleason, Maureen F. (West Virginia)

Documents in the Clearinghouse

Documents in this case
1

5:23-cv-00530

Class Action Complaint for Declaratory and Injunctive Relief

Aug. 8, 2023

Aug. 8, 2023

Complaint
8

5:23-cv-00530

Class Action Complaint for Declaratory and Injunctive Relief

Aug. 8, 2023

Aug. 8, 2023

Complaint
13

5:23-cv-00530

Memorandum of Law in Support of Defendant Mark Sorsaia's Motion to Dismiss

Oct. 31, 2023

Oct. 31, 2023

Pleading / Motion / Brief
267

5:23-cv-00530

Defendant Mark Sorsaia's Motion to Dismiss

Oct. 31, 2023

Oct. 31, 2023

Pleading / Motion / Brief
16

5:23-cv-00530

Governor Justice's Memorandum of Law Supporting his Motion to Dismiss

Nov. 6, 2023

Nov. 6, 2023

Pleading / Motion / Brief
325

5:23-cv-00530

Governor Justice's Combined Motion to Dismiss and to Transfer Division

Nov. 6, 2023

Nov. 6, 2023

Pleading / Motion / Brief
17

5:23-cv-00530

Plaintiffs' Response in Opposition to Defendant Mark Sorsaia's

Nov. 14, 2023

Nov. 14, 2023

Pleading / Motion / Brief
18

5:23-cv-00530

Plaintiffs' Response in Opposition to Governor Justice's Combined Motion to Dismiss and to Transfer Division

Nov. 20, 2023

Nov. 20, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67675885/sheppheard-v-justice/

Last updated July 12, 2026, 4:24 a.m.

ECF Number Date Description Link
1 Aug. 8, 2023

IMAGES REMOVED. (Modified on 9/8/2023 to remove images filed by attorney; see documents refiled at ECF #8 of same date) (ts).

1 Proposed Summons

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2 Proposed Summons

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Civil Cover Sheet

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Clearinghouse
9 Aug. 8, 2023

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing Fee $402.00. Receipt # AWVSDC-8473281. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Civil Cover Sheet, # 7 Proposed Summons as to Office of the Governor, # 8 Proposed Summons as to Mark Sorsaia) (ts) (Entered: 09/08/2023)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Civil Cover Sheet

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7 Proposed Summons as to Office of the Governor

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8 Proposed Summons as to Mark Sosaia

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RECAP
Aug. 8, 2023

CASE assigned to Judge Frank W. Volk. (klc)

Aug. 8, 2023

Case Assigned

2 Aug. 9, 2023

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: attys; any unrepresented party) (ts) (Modified on 5/6/2024 to note transfer of discovery matters from Magistrate Judge Aboulhosn to Magistrate Judge Eifert pursuant to 78 Clerk's Order) (mk).

RECAP
Aug. 9, 2023

Case Assigned

3 Sept. 5, 2023

NOTICE OF ATTORNEY APPEARANCE by Jonathan Zak Ritchie on behalf of James C. Justice, Jr. (Ritchie, Jonathan)

RECAP
4 Sept. 6, 2023

WAIVER OF SERVICE EXECUTED. Waiver signed by Attorney J. Zak Ritchie on 9/06/2023. James C. Justice, Jr. waiver mailed on 9/6/2023, answer due 11/6/2023. (Ritchie, Jonathan) (Modified docket text on 9/7/2023 to add answer deadline) (mk).

RECAP
5 Sept. 6, 2023

CLERK'S ORDER. For reasons appearing to the court, this case is reassigned from Judge Frank W. Volk to Judge Joseph R. Goodwin. Signed by Clerk of Court Rory L. Perry II on 9/6/2023. (cc: Judge Volk; Judge Goodwin; counsel of record) (klc)

RECAP
6 Sept. 6, 2023

NOTICE OF ATTORNEY APPEARANCE by Michael B. Hissam on behalf of James C. Justice, Jr. (Hissam, Michael)

RECAP
7 Sept. 6, 2023

CLERK'S ORDER. For reasons appearing to the court, this case is reassigned from Judge Joseph R. Goodwin to Judge Irene C. Berger. Signed by Clerk of Court Rory L. Perry II on 9/6/2023. (cc: Judge Goodwin; Judge Berger; counsel of record) (klc)

RECAP
8 Sept. 6, 2023

WAIVER OF SERVICE EXECUTED. Waiver signed by Attorney Natalie C. Schaefer on 9/6/2023. Mark Sorsaia waiver mailed on 9/01/2023, answer due 10/31/2023. (Schaefer, Natalie) (Modified docket text on 9/7/2023 to add answer deadline) (mk).

Clearinghouse
Sept. 6, 2023

SET ANSWER DEADLINE as to James C. Justice, Jr. to 11/6/2023 and Mark Sorsaia to 10/31/2023. (mk)

Sept. 6, 2023

Set/Reset Deadlines

Sept. 8, 2023

Set/Reset Deadlines

Sept. 8, 2023

Notice Of Docket Correction

Sept. 8, 2023

NOTICE OF DOCKET CORRECTION re: #1 Complaint. ERROR: Complaint filed by attorney on docket when case number provided. CORRECTION: Complaint re-docketed to correct docket sheet coding errors; see documents refiled at ECF #8 of same original filing date. (ts)

Sept. 8, 2023

Notice of Docket Correction

10 Oct. 30, 2023

MOTION by Mark Sorsaia to Exceed Page Limit for Memorandum of Law in Support of Motion to Dismiss (Attachment: # 1 Proposed Order)(David, Caleb)

1 Proposed Order

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RECAP
11 Oct. 31, 2023

ORDER granting 10 MOTION to Exceed Page Limit for Memorandum of Law in Support of Motion to Dismiss; directing that the Plaintiffs be permitted to file a response of no more than 25 pages, if necessary. Signed by Judge Irene C. Berger on 10/31/2023. (cc: counsel of record; any unrepresented party) (msa)

RECAP
12 Oct. 31, 2023

MOTION by Mark Sorsaia to Dismiss re: 9 Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(David, Caleb)

RECAP
13 Oct. 31, 2023

MEMORANDUM OF LAW by Mark Sorsaia in support of 12 MOTION by Mark Sorsaia to Dismiss re: 9 Complaint. (David, Caleb)

Clearinghouse
14 Nov. 1, 2023

ORDER AND NOTICE: Motions under FR Civ P 12(b) - 11/21/2023. Last day for Rule 26(f) meeting - 11/28/2023. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 12/5/2023. Scheduling Conference at 2:00 PM in Charleston, West Virginia on 12/14/2023, before the undersigned, unless cancelled. Entry of Scheduling Order - 12/21/2023. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 12/28/2023. Signed by Judge Irene C. Berger on 11/1/2023. (cc: counsel of record; any unrepresented party) (btm)

RECAP
15 Nov. 6, 2023

MOTION by James C. Justice, Jr. to Dismiss with prejudice re: 9 Complaint and to Transfer Division. (Hissam, Michael) (Modified on 11/7/2023 to add additional motion relief) (mk).

RECAP
16 Nov. 6, 2023

MEMORANDUM OF LAW by James C. Justice, Jr. in support of 15 MOTION by James C. Justice, Jr. to Dismiss with prejudice re: 9 Complaint and to Transfer Division. (Hissam, Michael)

Clearinghouse
17 Nov. 14, 2023

RESPONSE by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard in opposition to 12 MOTION by Mark Sorsaia to Dismiss re: 9 Complaint (New, Stephen) (Modified on 11/14/2023 to correct link) (mk).

Clearinghouse
18 Nov. 20, 2023

RESPONSE by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard in opposition to 15 MOTION by James C. Justice, Jr. to Dismiss with prejudice re: 9 Complaint and to Transfer Division (New, Stephen)

Clearinghouse
19 Nov. 21, 2023

MOTION by James C. Justice, Jr. to Extend Time to File Reply to 18 Response in opposition to December 1, 2023 (Hissam, Michael) (Modified on 11/21/2023 to add link to #18 response in opposition) (mk).

RECAP
20 Nov. 21, 2023

JOINT MOTION by James C. Justice, Jr., Mark Sorsaia to Stay Discovery Pending Resolution of Dispositive Motions (Hissam, Michael)

RECAP
21 Nov. 21, 2023

ORDER granting 19 MOTION by James C. Justice, Jr. to Extend Time to File Response/Reply to December 1, 2023; directing that the Defendant's deadline to file his reply in support of his motion is EXTENDED to 12/1/2023, as more fully set forth herein. Signed by Judge Irene C. Berger on 11/21/2023. (cc: counsel of record; any unrepresented party) (mfo)

RECAP
22 Nov. 21, 2023

REPLY by Mark Sorsaia to 17 Response In Opposition. (Attachment: # 1 Exhibit E)(David, Caleb)

RECAP
23 Dec. 1, 2023

REPLY by James C. Justice, Jr. to 18 RESPONSE in opposition. (Hissam, Michael) (Modified on 12/4/2023 to correct link) (mk).

RECAP
24 Dec. 5, 2023

RULE 26(f) REPORT OF PLANNING MEETING by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard. (Attachment: # 1 Exhibit A)(New, Stephen)

RECAP
25 Dec. 5, 2023

NOTICE of Defendants' Joint Portion of the Report on the Parties' Rule 26(f) Planning Meeting by James C. Justice, Jr., Mark Sorsaia re: 24 Rule 26(f) Report of Planning Meeting (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hissam, Michael)

RECAP
26 Dec. 5, 2023

RESPONSE by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard in opposition to 20 JOINT MOTION by James C. Justice, Jr., Mark Sorsaia to Stay Discovery Pending Resolution of Dispositive Motions (New, Stephen)

RECAP
27 Dec. 6, 2023

ORDER denying Defendants' 20 JOINT MOTION to Stay Discovery Pending Resolution of Dispositive Motions. Signed by Judge Irene C. Berger on 12/6/2023. (cc: counsel of record; any unrepresented party) (jsa)

RECAP
28 Dec. 6, 2023

RULE 26(f) REPORT OF PLANNING MEETING by James C. Justice, Jr., Mark Sorsaia. (David, Caleb)

RECAP
29 Dec. 7, 2023

SCHEDULING ORDER directing that the scheduling conference previously scheduled for 12/14/2023 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 1/15/2024. Last date to serve discovery requests - 6/5/2024. All discovery to be completed - 7/3/2024. Last date to complete depositions - 7/31/2024. Opening Rule 26 expert disclosures - 4/1/2024. Responsive Rule 26 expert disclosures - 5/1/2024. Rebuttal Rule 26 expert disclosure - 5/22/2024. Dispositive motions deadline - 8/28/2024. 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 - 12/13/2024. Responses for motions in limine - 12/20/2024. Proposed Findings of Fact/Conclusions of Law by 1/17/2025; The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 1/16/2025, Integrated pretrial order - 1/23/2025. Pretrial Conference/Final Settlement Conference on 1/30/2025 at 9:00 AM. Bench Trial on 2/10/2025 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 12/7/2023. (cc: counsel of record; any unrepresented party) (mfo)

RECAP
30 Dec. 28, 2023

CERTIFICATE OF SERVICE by Mark Sorsaia for Rule 26(a)(1) Initial Disclosures. (Bandy, Kimberly)

RECAP
31 Dec. 28, 2023

CERTIFICATE OF SERVICE by James C. Justice, Jr. for Rule 26(a)(1) Initial Disclosures. (Gleason, Maureen)

RECAP
32 Dec. 28, 2023

CERTIFICATE OF SERVICE by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard for Rule 26(a)(1) Initial Disclosures. (New, Stephen)

RECAP
33 Jan. 25, 2024

CERTIFICATE OF SERVICE by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard for First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Defendant Justice. (New, Stephen)

RECAP
34 Jan. 25, 2024

CERTIFICATE OF SERVICE by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard for First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Defendant Sorsaia. (New, Stephen)

RECAP
35 Jan. 30, 2024

NOTICE OF ATTORNEY APPEARANCE by Shannon Marlowe Rogers on behalf of Mark Sorsaia. (Rogers, Shannon)

RECAP
36 Feb. 22, 2024

NOTICE OF DEPOSITION DUCES TECUM by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard of James C. Justice, II on March 27, 2024 at 9:00 a.m. (New, Stephen)

RECAP
37 Feb. 27, 2024

JOINT STIPULATION EXTENDING TIME for James C. Justice, Jr. and Mark Sorsaia to respond to Plaintiff's First Interrogatories, Requests for Production and Requests for Admission re: 34 Certificate of Service, 33 Certificate of Service to March 15, 2024 by Mark Sorsaia, James C. Justice, Jr., Thomas Sheppheard, Tyler Randall, Adam Perry, J. P. (Schaefer, Natalie) (Modified on 2/27/2024 to add party filers) (mk).

RECAP
38 March 5, 2024

CERTIFICATE OF SERVICE by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard for Supplemental Rule 26(a)(1) Disclosure. (New, Stephen)

RECAP
39 March 11, 2024

PROPOSED ORDER Protective Order by Mark Sorsaia, James C. Justice, Jr., Thomas Sheppheard, Tyler Randall, Adam Perry, J. P. (Schaefer, Natalie) (Modified on 3/12/2024 to add party filers) (mk).

RECAP
40 March 12, 2024

PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 3/12/2024. (cc: counsel of record; any unrepresented party) (btm)

RECAP
41 March 12, 2024

CERTIFICATE OF SERVICE by Mark Sorsaia for First Set of Interrogatories, Requests for Production of Documents and Requests for Admission to Plaintiff Adam Perry, next friend and guardian of Minor Child J. P. (Schaefer, Natalie)

RECAP
42 March 12, 2024

CERTIFICATE OF SERVICE by Mark Sorsaia for First Set of Interrogatories, Requests for Production of Documents and Requests for Admission to Plaintiff Thomas Sheppheard. (Schaefer, Natalie)

RECAP
43 March 12, 2024

CERTIFICATE OF SERVICE by Mark Sorsaia for First Set of Interrogatories, Requests for Production of Documents and Requests for Admission to Tyler Randall. (Schaefer, Natalie)

RECAP
44 March 14, 2024

NOTICE OF APPEARANCE of Additional Counsel by Tyler Rittenhouse on behalf of Mark Sorsaia. (Rittenhouse, Tyler)

RECAP
45 March 15, 2024

CERTIFICATE OF SERVICE by Mark Sorsaia for Answers and Responses to Plaintiffs First Interrogatories, Requests for Production, and Requests for Admission to Defendant Mark Sorsaia. (David, Caleb)

RECAP
46 March 15, 2024

CERTIFICATE OF SERVICE by James C. Justice, Jr. for Responses and Answers to Plaintiffs' First Interrogatories, Requests for Production, and Requests for Admission to Defendant Governor James C. Justice II. (Gleason, Maureen)

RECAP
47 March 20, 2024

MOTION by James C. Justice, Jr. for Protective Order (Hissam, Michael)

RECAP
March 20, 2024

MOTION REFERRED to Magistrate Judge Omar J. Aboulhosn: 47 MOTION by James C. Justice, Jr. for Protective Order (mk)

March 20, 2024

Motions Referred

48 March 21, 2024

ORDER granting the 47 MOTION by James C. Justice, Jr. for Protective Order only to the extent to protect this party from being deposed next week; instructing Plaintiffs to file their written response to the Governor's 47 Motion to later than 4/3/2024, and that any reply to same be filed no later than 4/10/2024; further directing Plaintiffs to explain the grounds supporting their argument why the Governor should sit for a deposition in this case. Signed by Magistrate Judge Omar J. Aboulhosn on 3/21/2024. (cc: counsel of record) (msa)

RECAP
March 21, 2024

Motions Referred

49 March 25, 2024

RESPONSE by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard in opposition to 47 MOTION by James C. Justice, Jr. for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(New, Stephen)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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RECAP
50 March 28, 2024

JOINT STIPULATION MODIFYING EXPERT WITNESS DISCLOSURE DEADLINES as follows: Plaintiffs' Rule 26(a)(2) Disclosures: June 1, 2024; Defendants Rule 26(a)(2) Disclosures: July 1, 2024; and Rebuttal Rule 26(a)(2) Disclosures: July 22, 2024 by Mark Sorsaia, James C. Justice, Jr., Thomas Sheppheard, Tyler Randall, Adam Perry, J. P. (Schaefer, Natalie) (Modified on 3/28/2024 to add party filers) (mk).

RECAP
51 April 10, 2024

REPLY by James C. Justice, Jr. to 47 MOTION by James C. Justice, Jr. for Protective Order. (Hissam, Michael)

RECAP
52 April 11, 2024

JOINT STIPULATION MODIFYING DISCOVERY RESPONSE DEADLINES as follows: Plaintiffs' Response to Mark Sorsaia's First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Plaintiff Tyler Randall: 4-19-24; Plaintiffs' Response to Defendant Mark Sorsaia's First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Plaintiff Adam Perry, Next Friend and Guardian of Minor Child J. P.: April 19, 2024; Defendant Mark Sorsaias First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Plaintiff Thomas Sheppheard: April 19, 2024. The parties further stipulate, pursuant to Rule 29(b) of the Federal Rules of Civil Procedure, that these modified deadlines do not interfere with the time set for completing discovery, for hearing a motion, or for trial by Adam Perry, J. P., James C. Justice, Jr., Mark Sorsaia. (Lupardus, Timothy) (Modified on 4/11/2024 to add party filers) (mk).

RECAP
53 April 12, 2024

MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Compel Defendant Justice to Respond Fully and Adequately to Discovery (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(New, Stephen)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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RECAP
54 April 12, 2024

MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Compel Defendant Sorsaia to Respond Fully and Adequately to Discovery (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(New, Stephen)

RECAP
55 April 12, 2024

MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Deem Admitted Defendant James C. Justice, Jr.'s Responses to Requests for Admission (Attachment: # 1 Exhibit A) (Whitten, Zachary) (Modified on 4/12/2024 to add Exhibit A) (mk).

RECAP
56 April 12, 2024

MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Deem Admitted Defendant Mark Sorsaia's Responses to Requests for Admission (Attachment: # 1 Exhibit A) (Whitten, Zachary) (Modified on 4/12/2024 to add Exhibit A) (mk).

RECAP
57 April 12, 2024

MEMORANDUM OF LAW by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard in support of 55 MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Deem Admitted Defendant James C. Justice, Jr.'s Responses to Requests for Admission (Whitten, Zachary) (Modified on 4/12/2024 to remove Exhibit A) (mk).

RECAP
58 April 12, 2024

MEMORANDUM OF LAW by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard in support of 56 MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Deem Admitted Defendant Mark Sorsaia's Responses to Requests for Admission (Whitten, Zachary) (Modified on 4/12/2024 to remove Exhibit A) (mk).

RECAP
April 12, 2024

Motions Referred

April 12, 2024

Notice Of Docket Correction

April 12, 2024

MOTIONS REFERRED to Magistrate Judge Omar J. Aboulhosn: 56 MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Deem Admitted Defendant Mark Sorsaia's Responses to Requests for Admission, 55 MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Deem Admitted Defendant James C. Justice, Jr.'s Responses to Requests for Admission (mk)

April 12, 2024

NOTICE OF DOCKET CORRECTION re: 55, 56 Motions by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Deem Admitted and 57, 58 Memorandums in Support. ERROR: Exhibit attached to memorandum. CORRECTION: Removed exhibit from memorandums and attached to motions. (mk)

April 12, 2024

MOTIONS REFERRED to Magistrate Judge Omar J. Aboulhosn: 53 MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Compel Defendant Justice to Respond Fully and Adequately to Discovery, 54 MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Compel Defendant Sorsaia to Respond Fully and Adequately to Discovery (mk)

59 April 15, 2024

PROPOSED ORDER Order Regarding Certain Records by Mark Sorsaia, James C. Justice, Jr., Thomas Sheppheard, Tyler Randall, Adam Perry, J. P. (Schaefer, Natalie) (Modified on 4/15/2024 to add party filers) (mk).

RECAP
60 April 16, 2024

ORDER REGARDING CERTAIN RECORDS the parties jointly designate certain records as "restricted" and/or "not for inmate viewing"; notwithstanding any provision of the 40 Protective Order, the parties acknowledge that certain documents may not be suitable for production to any incarcerated parties or incarcerated witnesses. Signed by Magistrate Judge Omar J. Aboulhosn on 4/16/2024. (cc: counsel of record) (btm)

RECAP
61 April 16, 2024

ORDER re: Plaintiffs' 53 MOTION to Compel Defendant Justice to Respond Fully and Adequately to Discovery, 54 MOTION to Compel Defendant Sorsaia to Respond Fully and Adequately to Discovery, 55 MOTION to Deem Admitted Defendant James C. Justice, Jr.'s Responses to Requests for Admission, and 56 MOTION to Deem Admitted Defendant Mark Sorsaia's Responses to Requests for Admission, and Governor Justice's 47 Motion for Protective Order; the undersigned shall hear arguments concerning all these matters on 5/9/2024 at 2:00 PM in Beckley; the Defendants shall file their written responses to the Plaintiffs' Motions by 4/26/2024, and any reply to same shall be filed by 5/3/2024. Signed by Magistrate Judge Omar J. Aboulhosn on 4/16/2024. (cc: counsel of record) (btm) (Modified on 4/18/2024 to add link to #47 Motion)(btm)

RECAP
April 16, 2024

Motions Referred

62 April 19, 2024

Certificate of Service by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard for Answers to Defendant Mark Sorsaia's First Interrogatories, Requests for Production and Requests for Admission. (New, Stephen)

RECAP
63 April 19, 2024

CERTIFICATE OF SERVICE by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard for Plaintiff Tyler Randall's Response to Defendant Mark Sorsaia's First Interrogatories, Requests for Production and Requests for Admission. (New, Stephen)

RECAP
64 April 19, 2024

CERTIFICATE OF SERVICE by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard for Plaintiff Thomas Sheppheard's Responses to Defendant Mark Sorsaia's First Interrogatories, Requests for Production and Requests for Admission. (New, Stephen)

RECAP
65 April 22, 2024

NOTICE OF VIDEOTAPED DEPOSITION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard of Mark Sorsaia on 5/22/24 at 9:00 a.m. (New, Stephen) (Modified text on 4/23/2024 to correct name of deponent and date and time of deposition to match image) (mk).

RECAP
66 April 22, 2024

INCORRECT ENTRY; SEE ENTRY #65. (Modified on 4/23/2024 to remove duplicate image, see entry #65) (mk).

RECAP
67 April 22, 2024

NOTICE OF VIDEOTAPED DEPOSITION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard of William K. Marshall, III on May 23, 2024 at 9:00 a.m. (New, Stephen)

RECAP
68 April 22, 2024

NOTICE Of Issuance of Subpoena to William K. Marshall, III by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard (Attachment: # 1 Subpoena)(New, Stephen)

RECAP
April 22, 2024

Notice To Take Or Amend Deposition

April 23, 2024

Notice Of Docket Correction

April 23, 2024

NOTICE OF DOCKET CORRECTION re: #66 Notice of Videotaped Deposition by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard of Mark Sorsaia on May 22, 2024 at 9:00 am. ERROR: Image is a duplicate image of ECF #65. CORRECTION: Image removed. (mk)

69 April 25, 2024

CERTIFICATE OF SERVICE by Mark Sorsaia for Supplemental Answers and Responses to Plaintiffs' First Interrogatories and Requests for Production to Defendant Mark Sorsaia. (Schaefer, Natalie)

RECAP
70 April 26, 2024

OPPOSITION by James C. Justice, Jr. to 53 MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Compel Defendant Justice to Respond Fully and Adequately to Discovery (Attachments: # 1 Governor Responses to Discovery, # 2 Sorsaia Responses to Discovery, # 3 March 21 Letter from Counsel, # 4 ESI Protocol, # 5 Sorsaia Supplemental Responses)(Hissam, Michael)

1 Governor Responses to Discovery

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2 Sorsaia Responses to Discovery

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3 March 21 Letter from Counsel

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4 ESI Protocol

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5 Sorsaia Supplemental Responses

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RECAP
71 April 26, 2024

OPPOSITION by James C. Justice, Jr. to 55 MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Deem Admitted Defendant James C. Justice, Jr.'s Responses to Requests for Admission (Attachments: # 1 Governor Responses to Discovery, # 2 March 21 Letter from Counsel)(Hissam, Michael)

1 Governor Responses to Discovery

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2 March 21 Letter from Counsel

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RECAP
72 April 26, 2024

RESPONSE by Mark Sorsaia in opposition to 54 MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Compel Defendant Sorsaia to Respond Fully and Adequately to Discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(David, Caleb)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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RECAP
73 April 26, 2024

RESPONSE by Mark Sorsaia in opposition to 56 MOTION by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard to Deem Admitted Defendant Mark Sorsaia's Responses to Requests for Admission (Attachments: # 1 Exhibit A, # 2 Exhibit B)(David, Caleb) (Modified on 4/29/2024 to remove extra response event) (mk).

1 Exhibit A

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2 Exhibit B

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RECAP
74 May 3, 2024

AMENDED NOTICE OF VIDEOTAPED DEPOSITION DUCES TECUM by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard of Mark Sorsaia on May 24, 2024 at 9:30 a.m. (New, Stephen)

RECAP
75 May 3, 2024

AMENDED NOTICE OF VIEDOTAPED DEPOSITION DUCES TECUM by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard of William K. Marshall, III on May 24, 2024 at 1:30 p.m. (New, Stephen)

RECAP
76 May 3, 2024

NOTICE Of Issuance of Subpoena to William K. Marshall, III by J. P., Adam Perry, Tyler Randall, Thomas Sheppheard. (Attachment: # 1 Exhibit)(New, Stephen)

RECAP
77 May 6, 2024

ORDER this case is transferred to the Clerk of Court for reassignment of discovery to another Magistrate Judge and cancelling the motion hearing scheduled on 05/09/2024. Signed by Magistrate Judge Omar J. Aboulhosn on 5/6/2024. (cc: counsel of record; any unrepresented party) (klc)

RECAP
78 May 6, 2024

CLERK'S ORDER. Pursuant to 77 Order, the 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 5/6/2024. (cc: counsel of record; any unrepresented party) (klc)

RECAP
May 6, 2024

Motions Referred

Case Details

State / Territory:

West Virginia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 8, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several inmates, including a minor, in the West Virginia prison system.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State

Cabinet Secretary of the West Virginia Department of Homeland Security

Commissioner of West Virginia Division of Corrections and Rehabilitation

Governor of West Virginia

State of West Virginia

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Southern District of West Virginia 5:23-cv-00530

U.S. Court of Appeals for the Fourth Circuit 24-06691

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Buildings

Neglect by staff

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Recommended Citation