Case 2:17-cv-04214 Document 9 Filed 11/01/17 Page 1 of 2 PageID #: 437

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
MOUNTAIN VALLEY PIPELINE,
LLC,
Plaintiff,
v.

Civil Action No. 2:17-cv-04214

AN EASEMENT TO CONSTRUCT,
OPERATE AND MAINTAIN A 42-INCH
GAS TRANSMISSION LINE ACROSS
PROPERTIES IN THE COUNTIES OF
NICHOLAS, GREENBRIER, MONROE,
SUMMERS, BRAXTON, HARRISON,
LEWIS, WEBSTER, AND WETZEL,
WEST VIRGINIA, OWNED BY D. LANE
MCMILLION, ET AL,
Defendants.
ORDER
Plaintiff initiated this action in this court on
October 24, 2017.

On October 27, 2017, Plaintiff filed two

motions for partial summary judgment and a motion for an
expedited hearing.
In its motion for an expedited hearing, Plaintiff
requests an accelerated scheduling order “to allow [Plaintiff]
access to the easements necessary to conduct surveying and to
begin construction of the” pipeline.
Hearing 2.)

(Pl’s. Mot. for Expedited

Specifically, Plaintiff requests the following

deadlines regarding the motions for partial summary judgment:
the defendants’ responses filed by December 4, 2017; Plaintiff’s

 v.

Civil Action No. 15-14025
Case 2:17-cv-04214 Document 9 Filed 11/01/17 Page 2 of 2 PageID #: 438
THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
an Employee Welfare Benefits Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts
reply filed byCorporation,
December 11,and
2017; and a hearing on the motions
DOES 1 THROUGH 10, inclusive,
by December 13, 2017.
Defendants.

(Id.)

ORDER
AND that
NOTICE
Plaintiff also
notes
Pursuant
to L.R.
P. served
16.1, it
is the
ORDERED
thatofthe
[t]he
defendants
areCiv.
being
with
Notices
following
dates are hereby
fixed
as the
time
on which
Condemnation
required
by Rule
71.1
of by
theorFederal
certain Rules
eventsofmust
occur:
Civil Procedure by personal service. The
defendants
willunder
also F.R.
be served
with
the Complaint
and
01/28/2016
Motions
Civ. P.
12(b),
together with
the Motions
for
Partial
Summary
Judgment
and
Immediate
supporting briefs, memoranda, affidavits, or other
Access such
and the
Memoranda
of Law
in Support,
as well as
matter
in support
thereof.
(All motions
this Motion,
by personal
service.
unsupported
by memoranda
will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
(Id.) Due to the vast number of defendants named in the
02/08/2016
Last day for Rule 26(f) meeting.
complaint, the court must be assured that Plaintiff has
02/15/2016
Last day to file Report of Parties= Planning
Meeting.
L.R. Civ.
P. 16.1.
personally served
the See
defendants
before
entering a schedule for
02/22/2016
conference atthe
4:30
p.m.ORDERS
at thethat
Robert C.
the pending Scheduling
motions. Accordingly,
court
Byrd United States Courthouse in Charleston, before
the by
undersigned,
Lead counsel
Plaintiff file
November 8,unless
2017, canceled.
a report detailing
the
directed to appear.
status of such personal service.
02/29/2016
Entry of scheduling order.
03/08/2016

Last day to serve F.R. Civ. P 26(a)(1) disclosures.
The Clerk is directed to transmit copies of this order

The Clerk
requested
to unrepresented
transmit this parties.
Order and
to all counsel
of is
record
and any
Notice to all counsel of record and to any unrepresented
parties.

ENTER: November 1, 2017
DATED:

January 5, 2016

John T. Copenhaver, Jr.
United States District Judge

2