Castleberry v. Fanuc America Corporation
| Donna Castleberry |
| Fanuc America Corporation |
| 6:2020cv01361 |
| December 23, 2020 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| Kathryn H Vratil |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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This docket was last retrieved on July 15, 2022. A more recent docket listing may be available from PACER.
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Filing 15
PROTECTIVE ORDER. Signed by Magistrate Judge Gwynne E. Birzer on 2/17/21. (adc)
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Filing 14
ORDER. On 1/5/2021, the undersigned ordered Defendant to show cause why this matter should not be recommend for remand for lack of subject matter jurisdiction. (see #9 Order to Show Cause.) On review of Defendant's #13 Response to the Order to show Cause, the Court finds proper cause has been demonstrated. Because Plaintiff Castleberry and plaintiff's decedent, Andrew Taylor, were both citizens of the State of Kansas, and because Defendant is not a citizen of the State of Kansas, diversity of jurisdiction exists in this case. In the event the pleadings are amended as contemplated in the 1/21/2021 phone conference, the parties are strongly encouraged to incorporate the allegations into the revised pleadings. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 1/27/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc)
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Filing 13
RESPONSE re #9 Order to Show Cause,, by Defendant Fanuc America Corporation (Attachments: #1 Exhibit A)(Cramer, James)
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Filing 12
ORDER. At the parties' request, a status conference was held on 1/21/21. Plaintiff appeared through counsel, Matthew Bretz. Defendant appeared through counsel, James Cramer. After discussion regarding the parties' agreement there may be additional defendants added to this case, the parties' deadline to submit a planning report is suspended. The parties are required to exchange their Rule 26 disclosures and submit copies to the undersigned by 3/2/2021 as previously ordered. #8 Further scheduling is postponed for 90 days to permit the parties to explore potential amendment of the pleadings and service of potential additional defendants. Defendant's deadline to respond to the show cause order #9 is extended to 1/27/2021. A Status Conference is set for 4/21/2021 at 10:00 AM by Telephone before Magistrate Judge Gwynne E. Birzer. Participants must call the CONFERENCE LINE at 1-888-363-4749 using ACCESS CODE 9686294. Signed by Magistrate Judge Gwynne E. Birzer on 1/21/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc)
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Filing 11
MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: TELEPHONE CONFERENCE held on 1/21/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc)
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Filing 10
NOTICE OF TELEPHONE CONFERENCE: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Conference set for 1/21/2021 at 01:30 PM by Telephone before Magistrate Judge Gwynne E. Birzer. Participants must call the CONFERENCE LINE at 1-888-363-4749 using ACCESS CODE 9686294. (adc)
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Filing 9
ORDER TO SHOW CAUSE. The Court directs Defendant to show cause, within 14 days of this Order, why the undersigned U.S. Magistrate Judge should not recommend this case for remand to the state court for lack of subject matter jurisdiction under 28 U.S.C. 1332. The Court directs Defendant to clarify the citizenship of Plaintiff in her capacity as legal representative of the estate of decedent by providing Mr. Taylor's citizenship at the time of his death. Show Cause Response due by 1/19/2021. Signed by Magistrate Judge Gwynne E. Birzer on 1/5/2021. (adc)
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Filing 8
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 3/9/2021 at 11:00 AM by telephone before Magistrate Judge Gwynne E. Birzer. Participants shall dial into the conference call at 888-363-4749, enter access code 9686294#, and follow the prompts to join the call. Report of Parties Planning Conference and Rule 26 Initial Disclosures due 3/2/2021. Signed by Magistrate Judge Gwynne E. Birzer on 1/4/2021. (ala)
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Filing 7
STATE COURT RECORDS from Sedgwick County District Court. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Cramer, James)
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Filing 6
ANSWER to Complaint by Fanuc America Corporation.(Cramer, James)
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Filing 5
PROOF OF SERVICE re #1 Notice of Removal by Fanuc America Corporation. (Attachments: #1 Exhibit A) (Cramer, James) Modified on 12/23/2020 to re-title. (mam)
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Filing 4
CORPORATE DISCLOSURE STATEMENT by FANUC AMERICA CORPORATION identifying FANUC CORPORATION as corporate parent . (Cramer, James)
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Filing 3
DESIGNATION OF PLACE OF TRIAL filed by Defendant FANUC AMERICA CORPORATION - trial to be held in Kansas City. (Cramer, James)
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Filing 2
CIVIL COVER SHEET by Defendant FANUC AMERICA CORPORATION. (Cramer, James)
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Filing 1
NOTICE OF REMOVAL from Sedgwick County District Court, case number 2020-CV-0001797 Trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-5363299.), filed by FANUC AMERICA CORPORATION. (Attachments: #1 Exhibit Exhibit A)(Cramer, James)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk)
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| Defendant: Fanuc America Corporation | |
| Represented By: | James J. Cramer |
| Represented By: | Anna E. Wolf |
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| Plaintiff: Donna Castleberry | |
| Represented By: | Matthew L. Bretz |
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