GETTINGER v. COOLEY et al
Plaintiff: KENNETH V. GETTINGER
Defendant: BENJAMIN COOLEY, PENSKE TRUCK LEASING CO., L.P. and PROCTER & GAMBLE DISTRIBUTING LLC
Case Number: 1:2023cv01220
Filed: July 12, 2023
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tim A Baker
Referring Judge: Matthew P Brookman
2 Judge: Matthew P Brookman
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Tort/Motor Vehicle (
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2023 Opinion or Order Filing 23 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 10/11/2024. Discovery due by 5/13/2024. Signed by Magistrate Judge Tim A. Baker on 9/7/2023.(SWM)
September 7, 2023 Opinion or Order Filing 22 MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Telephonic Initial Pretrial Conference held on 9/6/2023. Telephonic Status Conference set for 1/23/2024 at 10:30 a.m. before Magistrate Judge Tim A. Baker. **SEE ORDER FOR DETAILS** Signed by Magistrate Judge Tim A. Baker. (MGG)
September 6, 2023 Filing 21 STIPULATION of Dismissal Filed Jointly, as to Defendant PENSKE TRUCK LEASING CO., L.P., filed by All Defendants. (Attachments: #1 Text of Proposed Order)(Root, Paul)
August 23, 2023 Filing 19 JOINT PROPOSED CASE MANAGEMENT PLAN TENDERED, filed by Defendants BENJAMIN COOLEY, PENSKE TRUCK LEASING CO., L.P., PROCTER & GAMBLE DISTRIBUTING LLC . (Steck, Janis)
August 16, 2023 Filing 18 Statement RESPONDING TO THE NOTICE OF REMOVALS ALLEGATIONS AS TO THE CITIZENSHIP OF THE PARTIES AND THE AMOUNT IN CONTROVERSY by KENNETH V. GETTINGER. (Smith, Bradford)
August 14, 2023 Filing 17 Rule 7.1 Disclosure Statement by PROCTER & GAMBLE DISTRIBUTING LLC identifying Corporate Parent THE PROCTOR & GAMBLE COMPANY, Other Affiliate THE GILLETTE COMPANY LLC, Other Affiliate Gillette Holding Company LLC, Other Affiliate Gillette Commercial Operations of North America for PROCTER & GAMBLE DISTRIBUTING LLC.. (Steck, Janis)
August 14, 2023 Filing 16 NOTICE Second Amended Notice of Removal, filed by Defendants BENJAMIN COOLEY, PENSKE TRUCK LEASING CO., L.P., PROCTER & GAMBLE DISTRIBUTING LLC, re #1 Notice of Removal. (Attachments: #1 Exhibit A - State Court Docket and Pleadings, #2 Exhibit B - Complaint for Damages, #3 Exhibit C - Email, #4 Exhibit D - State Notice of Filing Notice of Removal) (Steck, Janis)
August 11, 2023 Filing 15 Rule 7.1 Disclosure Statement by PENSKE TRUCK LEASING CO., L.P. identifying Corporate Parent PENSKE TRUCK LEASING, Other Affiliate PENSKE TRUCK LEASING CORPORATION, Other Affiliate PENSKE AUTOMOTIVE GROUP, INC., Other Affiliate MBK USA COMMERCIAL VEHICLES, INC., Other Affiliate PTL GP, LLC, Other Affiliate LJ VP Holdings, LLC for PENSKE TRUCK LEASING CO., L.P... (Steck, Janis)
August 11, 2023 Filing 14 Rule 7.1 Disclosure Statement by PROCTER & GAMBLE DISTRIBUTING LLC identifying Corporate Parent THE PROCTOR & GAMBLE COMPANY, Other Affiliate Gllette Commercial Operations of North America, Other Affiliate The Gillette Company, LLC, Other Affiliate Gillette Holding Company LLC for PROCTER & GAMBLE DISTRIBUTING LLC.. (Steck, Janis)
August 11, 2023 Filing 13 NOTICE Amended, filed by Defendants BENJAMIN COOLEY, PENSKE TRUCK LEASING CO., L.P., PROCTER & GAMBLE DISTRIBUTING LLC, re #1 Notice of Removal. (Attachments: #1 Exhibit A - State Court Docket and Pleadings, #2 Exhibit B - Complaint for Damages, #3 Exhibit C - Email, #4 Exhibit D - State Notice of Filing Notice of Removal) (Steck, Janis)
July 21, 2023 Filing 12 Rule 7.1 Disclosure Statement by PENSKE TRUCK LEASING CO., L.P. identifying Corporate Parent PENSKE TRUCK LEASING for PENSKE TRUCK LEASING CO., L.P... (Steck, Janis)
July 21, 2023 Opinion or Order Filing 11 ORDER - The Court, on its own motion, reassigns the September 6, 2023, initial pretrial conference to be held by TELEPHONE. The information needed by counsel of record to participate in this conference will be provided by separate notification. All other requirements and deadlines set forth in the Court order of July 20, 2023, remain in effect. [Filing No. 10.] Signed by Magistrate Judge Tim A. Baker on 7/21/2023.(SWM)
July 20, 2023 Opinion or Order Filing 10 ORDER SETTING INITIAL PRETRIAL CONFERENCE: This case is assigned for an initial pretrial conference before United States Magistrate Judge Tim A. Baker on September 6, 2023, at 10:30 a.m. in Room 234, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. All persons entering the United States Courthouse must have photo identification. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order. Signed by Magistrate Judge Tim A. Baker on 7/20/2023.(LF)
July 14, 2023 Opinion or Order Filing 9 ORDER: The Court ORDERS Defendant to file an Amended Notice of Removal by August 13, 2023, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Plaintiff is reminded of his obligation to file a statement within thirty days of Defendant's filing of the Amended Notice of Removal pursuant to Local Rule 81-1. See Order for details. Signed by District Judge Matthew P Brookman on 7/14/2023. (LF)
July 14, 2023 Filing 8 ANSWER to Complaint Affirmative Defenses and Demand for Jury Trial, filed by PENSKE TRUCK LEASING CO., L.P..(Steck, Janis)
July 14, 2023 Filing 7 ANSWER to Complaint Affirmative Defenses and Demand for Jury Trial, filed by BENJAMIN COOLEY, PROCTER & GAMBLE DISTRIBUTING LLC.(Steck, Janis)
July 13, 2023 Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (AAS)
July 13, 2023 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS)
July 12, 2023 Filing 4 NOTICE of Appearance by Paul D Root on behalf of Defendants BENJAMIN COOLEY, PENSKE TRUCK LEASING CO., L.P., PROCTER & GAMBLE DISTRIBUTING LLC. (Root, Paul)
July 12, 2023 Filing 3 Rule 7.1 Disclosure Statement by PROCTER & GAMBLE DISTRIBUTING LLC. (Steck, Janis)
July 12, 2023 Filing 2 NOTICE of Appearance by Janis E. Steck on behalf of Defendants BENJAMIN COOLEY, PENSKE TRUCK LEASING CO., L.P., PROCTER & GAMBLE DISTRIBUTING LLC. (Steck, Janis)
July 12, 2023 Filing 1 NOTICE OF REMOVAL from Wayne County Superior Court, case number 89D02-2304-CT-000032, filed by PROCTER & GAMBLE DISTRIBUTING LLC, PENSKE TRUCK LEASING CO., L.P., BENJAMIN COOLEY. (Filing fee $402, receipt number AINSDC-7716287) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Pleadings and Docket, #3 Exhibit B - Operative Complaint, #4 Exhibit C - Email, #5 Exhibit D - State Notice of Filing Notice of Removal)(Steck, Janis)

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Plaintiff: KENNETH V. GETTINGER
Represented By: Bradford James Smith
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Defendant: BENJAMIN COOLEY
Represented By: Paul D Root
Represented By: Janis E. Steck
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Defendant: PENSKE TRUCK LEASING CO., L.P.
Represented By: Paul D Root
Represented By: Janis E. Steck
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Defendant: PROCTER & GAMBLE DISTRIBUTING LLC
Represented By: Paul D Root
Represented By: Janis E. Steck
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