SMITH v. POSTON et al
Plaintiff: SAMANTHA D SMITH and SAMANTHA D. SMITH
Defendant: JUDY L POSTON, LABORATORY EXPRESS, INC., LAB EXPRESS, INC and JUDY L. POSTON
Case Number: 4:2018cv00240
Filed: December 21, 2018
Court: US District Court for the Southern District of Indiana
Presiding Judge: Debra McVicker Lynch
Referring Judge: Tanya Walton Pratt
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 13, 2019 Opinion or Order Filing 18 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 2/11/2019 for an Initial Pretrial Conference. Dispositive Motions due by 12/12/2019. Non-expert witness and liability discovery due by 10/21/2019. See order for details. Signed by Magistrate Judge Debra McVicker Lynch on 2/13/2019.(LBT)
February 13, 2019 Opinion or Order Filing 17 Entry and Order from Initial Pretrial Conference - The parties, by counsel, appeared for an initial pretrial conference on February 11, 2019, with the magistrate judge. The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan, including a corrected summary judgment deadline of December 12, 2019. Counsel are directed to confer and, by February 25, 2019, file a supplemental jurisdictional statement properly establishing all of this court's diversity jurisdiction. This case is set for a telephone status conference on May 29, 2019, at 10:00 a.m. (Eastern), with Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
February 13, 2019 Opinion or Order Filing 16 ORDER granting #13 Motion to Appear pro hac vice. Attorney Clinton J. Simpson for LABORATORY EXPRESS, INC. added. The court FURTHER ORDERSthat Clinton J. Simpson register as a user of the court's electronic case filing system by February 27, 2019. Signed by Magistrate Judge Debra McVicker Lynch on 2/13/2019 (copy mailed to Atty Simpson). (LBT)
February 13, 2019 Opinion or Order Filing 15 ORDER granting #14 Motion to Appear pro hac vice. Attorney Nicole D. Berkowitz for LABORATORY EXPRESS, INC. added. The court FURTHER ORDERS that Nicole D. Berkowitz register as a user of the court's electronic case filing system by February 27, 2019. Signed by Magistrate Judge Debra McVicker Lynch on 2/13/2019 (copy mailed to Atty Berkowitz). (LBT) Modified on 2/14/2019 (LBT).
February 12, 2019 Filing 14 MOTION for Attorney(s) Nicole D. Berkowitz to Appear pro hac vice (Filing fee $100, receipt number IP063932), filed by Defendant LABORATORY EXPRESS, INC. (Attachments: #1 Certificate of Good Standing, #2 Cover Letter, #3 Text of Proposed Order, #4 Envelope)(SWM)
February 8, 2019 Filing 13 MOTION for Attorney(s) Clinton J. Simpson to Appear pro hac vice (Filing fee $$100.00, receipt number IP063900), filed by Defendant LABORATORY EXPRESS, INC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Good Standings, #3 Cover Letter, #4 Envelope) (CKM)
February 4, 2019 Filing 11 Agreed CASE MANAGEMENT PLAN TENDERED, filed by Defendant LABORATORY EXPRESS, INC. . (Johnston, Haley)
January 14, 2019 Opinion or Order Filing 10 ORDER granting #9 Motion for Continuance. Telephonic Initial Pretrial Conference set for 1/22/2019 is VACATED and RESET for 2/11/2019 at 10:30 AM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. All remaining provisions of the court's scheduling order at Dkt. #8 remain in effect. Signed by Magistrate Judge Debra McVicker Lynch on 1/14/2019.(LBT)
January 11, 2019 Filing 9 MOTION to Continue Initial Pretrial Conference, filed by Plaintiff SAMANTHA D. SMITH. (Attachments: #1 Text of Proposed Order)(MAT)
January 2, 2019 Opinion or Order Filing 8 SCHEDULING ORDER: Telephonic Initial Pretrial Conference set for 1/22/2019 at 10:30 AM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. No fewer than seven days before the IPTC, counsel must file a proposed CMP. See order for additional information. Signed by Magistrate Judge Debra McVicker Lynch on 1/2/2019.(LBT)
December 28, 2018 Filing 7 ANSWER to Complaint , filed by LABORATORY EXPRESS, INC..(Johnston, Haley)
December 26, 2018 Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT)
December 21, 2018 Filing 5 AFFIDAVIT of Service for Notice of Removal served on Samantha D. Smith and Scott County Superior Cour Clerk on 12/21/18, filed by LABORATORY EXPRESS, INC.. (Attachments: #1 Exhibit A - Amended Notice of Filing of Petition of Removal, #2 Exhibit B - Notice of Removal)(Johnston, Haley)
December 21, 2018 Filing 4 NOTICE of Appearance by Haley Johnston on behalf of Defendant LABORATORY EXPRESS, INC.. (Johnston, Haley)
December 21, 2018 Filing 3 Corporate Disclosure Statement by LABORATORY EXPRESS, INC.. (Riegner, Eric)
December 21, 2018 Filing 2 NOTICE of Appearance by Eric A. Riegner on behalf of Defendant LABORATORY EXPRESS, INC.. (Riegner, Eric)
December 21, 2018 Filing 1 NOTICE OF REMOVAL from Scott County Superior Court, case number 72D01-1810-CT-24, filed by LABORATORY EXPRESS, INC.. (Filing fee $400, receipt number 0756-5210179) (Attachments: #1 Exhibit A - State Court Record; State Court Docket; Appearance; Complaint; Summonses; Verified Praecipe for Service of Process by Secretary of State; Motion to Transfer Cause to Scott Circuit Court; Order on Transfer to Scott Circuit Court; Motion for Change of Venue from Judge; Order; Notice of Service; Appearance and Qualification; Order of Appointment; Notice of Service, #2 Exhibit B - State Court Complaint, #3 Exhibit C - Indiana Secretary of State Record, #4 Civil Cover Sheet)(Riegner, Eric)

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Defendant: JUDY L POSTON
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Defendant: LABORATORY EXPRESS, INC.
Represented By: Eric A. Riegner
Represented By: Haley Johnston
Represented By: Clinton James Simpson
Represented By: Nicole D. Berkowitz
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Defendant: LAB EXPRESS, INC
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Defendant: JUDY L. POSTON
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Plaintiff: SAMANTHA D SMITH
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Plaintiff: SAMANTHA D. SMITH
Represented By: Richard R. Fox
Represented By: Kristi Lee Fox
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