Brooks v. National Casualty Company
| Kimberly J. Brooks |
| National Casualty Company |
| 2:2021cv02049 |
| March 4, 2021 |
| US District Court for the Western District of Arkansas |
| P K Holmes |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 27, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 Letter mailed to Sebastian County Circuit Court along with Certified copies of docket sheet, #19 Opinion and Order. (jlm) (Main Document 20 replaced on 4/27/2021) (jlm). |
| Filing 19 OPINION and ORDER granting #13 Motion to Remand. This case is REMANDED to the Circuit Court of Sebastian County, Arkansas. Signed by Honorable P. K. Holmes III on April 27, 2021. (jlm) |
| Filing 18 RESPONSE IN SUPPORT OF Motion re #13 MOTION to Remand filed by National Casualty Company. (Attachments: #1 Exhibit (A) 21.04.26 Veon to Byars Letter Confirming Allegations)(Veon, Robert) |
| Filing 17 TEXT ONLY ORDER granting #16 Motion for Extension of Time to File Response to April 26, 2021. Signed by Honorable P. K. Holmes III on April 7, 2021. (rab) |
| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Remand by National Casualty Company. (Veon, Robert) |
| Filing 15 FINAL SCHEDULING ORDER, as set forth. Jury Trial set for 1/31/2022 09:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on April 6, 2021. (jas) |
| Filing 14 JOINT REPORT of Rule 26(f) Planning Meeting by National Casualty Company. (Veon, Robert) |
| Filing 13 MOTION to Remand by Kimberly J. Brooks. (Attachments: #1 Exhibit)(Byars, Joe) |
| Filing 12 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT by National Casualty Company. An Order was entered on 3/16/2021 allowing the document(s) to be filed under seal. This docket entry is related to #9 Supplement,,,,,,,,,. (Veon, Robert) |
| Filing 11 TEXT ONLY ORDER granting #10 Motion to Seal Document. Defendant may file the identified exhibit electronically under seal and the Clerk will maintain the document with access restricted to the Court and parties. Signed by Honorable P. K. Holmes III on March 16, 2021. (rab) |
| Filing 10 MOTION to Seal Document Motion to File an Exhibit Under Seal by National Casualty Company. (Attachments: #1 Exhibit Exhibit A 200729 PROTECTIVE ORDER)(Veon, Robert) |
| Filing 9 SUPPLEMENT by Defendant National Casualty Company to #2 Notice of Removal, #7 Amended Document . (Attachments: #1 Exhibit Exhibit (a) 200826 2ND AMENDED - ADD JOHN DOES 1 & 2, #2 Exhibit Exhibit (b) 200923 ORDER GRANTING EXTENSION OF TIME-PLTF GRANTED EXTENSION OF TIME UP TO & INCLUDING 10-9-20, #3 Exhibit Exhibit (c) 201214 AGREED ORDER FOR CONTINUANCE OF HEARING, #4 Exhibit Exhibit (d) 201214 AGREED ORDER FOR DISMISSAL OF GIRL SCOUTS-DIAMONDS OF ARK, OKLAHOMA AND TEXAS 12.14.20, #5 Exhibit Exhibit (e) 201221 NATIONAL CASUALTY CO'S ANSWER TO PLTF'S 2ND AMENDED COMPLAINT, #6 Exhibit Exhibit (f) 201222 SUMMONS ISSUED TO FORT SMITH SERVICE UNITE 7 RTA, #7 Exhibit Exhibit (g) 201223 ORDER GRANTING EXTENSION OF TIME-PLTF IS GRANTED UP TO INCLUDING 2-5-21 TO SEVE JOHN DOE DEFS, #8 Exhibit Exhibit (h) 201228 ORDER-MOTION TO COMPEL IS GRANTED (003), #9 Exhibit Exhibit (i) 210107 SUMMONS SERVED-FORT SMITH SERVICE UNIT 1-7-21, #10 Exhibit Exhibit (j) 210111 AMENDED AGREED ORDER, #11 Exhibit Exhibit (k) 210122 PLTF'S SUPPLEMENT TO SECOND AMENDED COMPLAINT, #12 Exhibit Exhibit (l) 210204 ORDER (STATUS CONFERENCE 2-2-21), #13 Exhibit Exhibit (m) 210212 AGREED ORDER-PLTF'S MOTION TO RECONSIDER OR SET ASIDE, #14 Exhibit Exhibit (n) 210212 THIRD AMENDED COMPLAINT, #15 Exhibit Exhibit (o) 210225 (VACATED AS MOOT 3-3-21)PROPOSED ORDER-DEADLINES SET FOR 2-4-21 ARE EXTENDED UNTIL 3-11-21 FOR THE DEF'S STATEMENT OF ISSUED & 3-22-21, #16 Exhibit Exhibit (p) 210226 ORDER OF PARTIAL DISMISSAL PURSUANT TO RULE 41, #17 Exhibit Exhibit (q) 210303 ORDER VACATING PORTIONS OF 2.2.21 ORDER, #18 Exhibit Exhibit (r) 210304 Defendant's Answer to Plaintiff's Third Amended Complaint, #19 Exhibit Exhibit (s) 200803 TO NAT'L CASUALTY CO, #20 Exhibit Exhibit (t) 201013 WAIVER OF SERVICE-DEF NATIONAL CASUALTY CO, #21 Exhibit Exhibit (u) Relevant Portions of Plaintiff's Answers to Interrogatories9.30.20, #22 Exhibit Exhibit (v) 201020 Joe Byars, #23 Exhibit Exhibit (w) Itemization of Medical Bills Produced by Plaintiff 11.2.20, #24 Exhibit Exhibit (x) Plaintiffs Supplemental Ans. Interrogatories 11.2.20, #25 Exhibit Exhibit (y) Plaintiffs Settlement Demand After Filing Suit, dated 2.12.21)(Veon, Robert) |
| Filing 8 TEXT ONLY ORDER re #7 Amendment to Notice of Removal. Title 28 U.S.C. 1446 requires that only "a copy of all process, pleadings, and orders" accompany a notice of removal. Federal Rule of Civil Procedure 7(a) defines pleadings. Most of the documents Defendant filed to amend its notice of removal do not appear to be process, pleadings, or orders, and do not otherwise appear to be necessary support for the notice of removal. This Court has not entered an order under 28 U.S.C. 1447(b) requiring the filing of any additional documents from the state court proceedings, and does not routinely do so. The Clerk is directed to remove from the docket all exhibits accompanying Document 7. Unless they later become necessary exhibits to a motion in this Court, Defendant may refile only those documents that are required to accompany its notice of removal under 1446, or that are otherwise necessary to demonstrate this Court's jurisdiction. Signed by Honorable P. K. Holmes III on March 8, 2021. (rab) |
| Filing 7 AMENDED NOTICE OF REMOVAL by National Casualty Company. (Veon, Robert) Modified on 3/8/2021 to remove exhibits as directed in 8 Text Only Order (lw). |
| Filing 6 INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 4/12/2021. Jury Trial set for 1/31/2022 09:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on March 5, 2021. (jas) |
| Notice of Removal filing fee paid re #2 Notice of Removal, : $ 402, receipt number AARWDC-2347575.. (Veon, Robert) |
| Filing 5 ANSWER to #4 Third Amended Complaint with Jury Demand by National Casualty Company.(Originally filed in the Sebastian County Circuit Court on 03/04/2021 in case CV-20-309)(mjm) |
| Filing 4 THIRD AMENDED COMPLAINT with Jury Demand against National Casualty Company, filed by Kimberly J. Brooks. (Originally filed in the Sebastian County Circuit Court on 2/12/2021 in case CV-20-309)(mjm) |
| Filing 3 Magistrate Notice/Consent Form. (mjm) |
| Filing 2 NOTICE OF REMOVAL from Sebastian County Circuit Court, case number CV-20-309, filed by National Casualty Company. (Attachments: #1 Exhibit A: Complaint, #2 Exhibit B: Third Amended Complaint, #3 Exhibit C: Order of Partial Dismissal, #4 Exhibit D: Defendant's Answer to Plaintiff's Third Amended Complaint, #5 Exhibit E: Email dated 2/12/2021)(mjm) |
| Filing 1 CIVIL COVER SHEET for case initiated by National Casualty Company. (mjm) |
| CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Notice of Removal,. You MUST pay the filing fee of $ 402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 3/8/2021.(mjm) |
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| Plaintiff: Kimberly J. Brooks | |
| Represented By: | Joe D. Byars, Jr. |
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| Defendant: National Casualty Company | |
| Represented By: | Robert Thompson Veon |
| Represented By: | Robert T Veon |
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