Stevens et al v. Kurtz et al
Defendant: James Kurtz and Senko (U.S.A.) Inc.
Executor: Joseph Stevens
Case Number: 0:2023cv00017
Filed: February 23, 2023
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Edward B Atkins
Referring Judge: David L Bunning
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1446 Petition for Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2023 Opinion or Order Filing 13 PROTECTIVE ORDER: The Court, being advised, ACCEPTS and GRANTS the terms or conditions the parties have outlined in the Order R #7 . Therefore, it shall be incorporated by reference herein and shall be entered as an attachment to this order with the following modifications: 1. Re Paragraph 4, and the filing of documents under seal, the parties shall comply with the requirements of LR 5.6; 2. Paragraph 7, re the return and/or destruction of subject documents after the conclusion of litigation SHALL NOT apply to the Court, its record, or court personnel; and 3. The Court MAY modify the order upon prior notice and adequate cause. In an event of a challenge, the parties' restricted designations are preliminary and NOT a judicial determination that any particular item is, in fact, protected from dislosure. Signed by Magistrate Judge Edward B. Atkins on 4/4/23. (Attachments: #1 Protective Order)(KSS)cc: COR
March 22, 2023 Opinion or Order Filing 12 SCHEDULING ORDER: 1) NLT 5/1/23 disclosure to be filed; 2) Motions to join or amend NLT 10/1/23; 3) Rule 26(a)(2) expert disclosure from Pla NLT 10/15/23, from Defts 1/15/24 and rebuttal NLT 3/1/24; 4) close of discovery 5/3/24; 5) Status Report NLT 7/1/24; 6) Final Witness and Exhibit List NLT 7/1/24; 7) Dispositive and Daubert motions NLT 7/1/24; 8) Copies of Memoranda to be provided to chambersw/i 48 hours of filing to bunning_chambers@kyed.uscourts.gov. Signed by Judge David L. Bunning on 3/23/23.(JLS)cc: COR
March 21, 2023 Opinion or Order Filing 11 VIRTUAL ORDER: In view of the Agreed Order filed on March 20, 2023 #10 , IT IS ORDERED that Defendants' PARTIAL MOTION TO DISMISS #5 IS DENIED AS MOOT. Signed by Judge David L. Bunning on 3/20/23. (KSS)cc: COR
March 20, 2023 Opinion or Order Filing 10 ORDER: It is hereby ORDERED that the claims of the Plaintiff incl. the allegations contained in including hiring, training, supervision, and entrustment (Paragraph 17, 18 and 19 of Doc 1-1) as well as those allegations in negligence per se (Paragraph 16 and 20 of Doc 1-1) are hereby dismissed, without prejudice. This dismissal SHALL NOT TERMINATE THE LITIGATION. Signed by Judge David L. Bunning on 3/20/23.(KSS)cc: COR
March 20, 2023 ***FILE SUBMITTED TO CHAMBERS of Bunning for review: #7 Proposed Agreed Order AS TO DISCLOSURE OF CERTAIN CONFIDENTIAL FINANCIAL INFORMATION OF SENKO (U.S.A.) INC. FOR THE PURPOSE OF SETTLEMENT NEGOTIATIONS UNDER RULE 408; #8 Proposed Agreed Order of Partial Dismissal of Claims - Not to Terminate Litigation; and #9 Report of Rule 26(f) Planning Meeting. (JLS)
March 17, 2023 Filing 9 JOINT REPORT of Rule 26(f) Planning Meeting. (Dunn, John)
March 17, 2023 Filing 8 Proposed Agreed Order of Partial Dismissal of Claims - Not to Terminate Litigation by James Kurtz, Senko (U.S.A.) Inc.. (Dunn, John)
March 17, 2023 Filing 7 Proposed Agreed Order AS TO DISCLOSURE OF CERTAIN CONFIDENTIAL FINANCIAL INFORMATION OF SENKO (U.S.A.) INC. FOR THE PURPOSE OF SETTLEMENT NEGOTIATIONS UNDER RULE 408 by James Kurtz, Senko (U.S.A.) Inc.. (Dunn, John)
February 24, 2023 Opinion or Order Filing 6 ORDER FOR MEETING AND REPORT: 1) w/i 21 days the parties shall meet; 2) w/i 10 days thereafter file their joint report; 3) should a joint report not be possible the parties shall file individual reports. Signed by Judge David L. Bunning on 2/24/23. (Attachments: #1 Consent Form)(JLS)cc: COR
February 23, 2023 Filing 5 MOTION to Dismiss by James Kurtz, Senko (U.S.A.) Inc. PARTIAL MOTION TO DISMISS (Dunn, John)
February 23, 2023 Opinion or Order Filing 4 STANDING REFERRAL ORDER: 1. Case is hereby referred to Magistrate Judge Edward B. Atkins to supervise discovery and pretrial proceedings. Unless otherwise ordered by the Court, the case will revert back to the undersigned to hold the final pretrial conference and trial. 2. That in connection with such reference, Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required and to rule on nondispositive motions, except motions in limine Dispositive motions and motions in limine will be referred by the Clerk to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will also be before the undersigned, unless the parties agree to a trial by a Magistrate Judge pursuant to 28 U.S.C. 636(c). 3. Discovery disputes shall be resolved in the following manner: (1) Parties shall meet/or confer in an attempt to resolve disputes between themselves, w/o judicial intervention (2) if parties are unable to resolve such disputes informally, they shall attempt to resolve their disagreement by telephone conference with the MJ (3) if, and only if, the parties are unable to resolve their diputes after conference with the MJ, they may file appropriate written motions with the Court. Written motions re discovery shall include the certification as required by LR 37.1. Signed by Judge David L. Bunning on 8/15/22.(KSS)cc: COR
February 23, 2023 Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Senko (U.S.A.) Inc. identifying Corporate Parent Senko Group Holdings Co., Ltd for Senko (U.S.A.) Inc. (KSS)
February 23, 2023 Filing 1 NOTICE OF REMOVAL from Lewis Circuit, Case No. 23-CI-00016. ( Filing fee $402; receipt number AKYEDC-5486462), filed by James Kurtz, Senko (U.S.A.) Inc. (Attachments: #1 Exhibit A-State Court Complaint, #2 Exhibit B-Answer of Defendant, #3 Exhibit C-Notice of Removal Lewis Circuit Court, #4 Civil Cover Sheet)(KSS)
February 23, 2023 Conflict Check run. (KSS)
February 23, 2023 ANSWER to Complaint by James Kurtz, Senko (U.S.A.) Inc. FILED AS PART OF NOTICE OF REMOVAL DE #1 (KSS)

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Executor: Joseph Stevens
Represented By: David Michael Scott
Represented By: Jonathan Heck
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Defendant: James Kurtz
Represented By: John M. Dunn
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Defendant: Senko (U.S.A.) Inc.
Represented By: John M. Dunn
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