The Estate of Ruth Ann Johnson et al v. Law Offices of David A. Sims, PLLC et al
| Gary Harrison and The Estate of Ruth Ann Johnson |
| Morgan, Collins & Yeast, PLLC, Law Offices of David A. Sims, PLLC, Kyle R. Salyer and David A. Sims |
| Morgan, Collins & Yeast, PLLC and Kyle R. Salyer |
| Law Offices of David A. Sims, PLLC and David A. Sims |
| S. Douglas Adkins |
| 0:2024cv00087 |
| August 30, 2024 |
| US District Court for the Eastern District of Kentucky |
| Ashland Office |
| Edward B Atkins |
| David L Bunning |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 35
CASE TRANSFERRED IN from District of West Virginia Southern. Case number 3:23-cv-00647. Original file, certified copy of transfer order and docket sheet received.
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Filing 34
MEMORANDUM OPINION AND ORDER DENYING Defendants and Cross-Defendants Morgan Collins & Yeast, PLLC and Kyle R. Salyer's #9 MOTION to Dismiss under Federal Rule of Civil Procedure 12(b)(3) for Improper Venue and their #20 MOTION to Dismiss the Cross-Claim filed by Defendants Law Offices of David A. Sims, PLLC and David A. Sims for improper venue and DENYING WITHOUT PREJUDICE their Motion to Dismiss the Cross-Claim filed by Defendants Law Offices of David A. Sims, PLLC and David A. Sims for failure to state a claim; agreeing with the moving Defendants that venue in this District is improper and directing this action TRANSFERRED to the Eastern District of Kentucky. Signed by Judge Robert C. Chambers on 8/30/2024. (cc: counsel of record; any unrepresented parties) (jsa) [Transferred from wvsd on 8/30/2024.]
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Filing 33
ORDER granting Defendant Morgan Collins & Yeast, PLLC's #25 MOTION for Extension of Time to File Reply in support of Motion to Dismiss Plaintiff's Complaint; the Reply was filed on 7/8/2024, and it was considered by the Court in ruling upon the pending motions. Signed by Judge Robert C. Chambers on 8/30/2024. (cc: counsel of record; any unrepresented parties) (jsa) [Transferred from wvsd on 8/30/2024.]
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Conflict Check run. (TJG)
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Filing 32
CERTIFICATE OF SERVICE by Morgan, Collins & Yeast, PLLC, Kyle R. Salyer for Joint Rule 26(a)(1) Initial Disclosures. (Wessels, Blair) [Transferred from wvsd on 8/30/2024.]
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Filing 31
CERTIFICATE OF SERVICE by Law Offices of David A. Sims, PLLC, David A. Sims for Rule 26(a)(1) Initial Disclosures. (Banford, Craig) [Transferred from wvsd on 8/30/2024.]
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Filing 30
CERTIFICATE OF SERVICE by Law Offices of David A. Sims, PLLC, David A. Sims for Rule 26(a)(1) Initial Disclosures. (Attachments: #1 Certificate of Service for Defendants Sims Rule 26(a)(1) Disclosures)(Banford, Craig) [Transferred from wvsd on 8/30/2024.]
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Filing 29
SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 11/1/2024. Discovery requests to be completed by 4/29/2025 and all depositions by 6/13/2025. Expert Witness List by parties bearing the burden of proof due by 1/10/2025, by party not bearing burden of proof due by 2/24/2025, and to solely contradict or rebut evidence due by 3/26/2025. Dispositive Motions except those filed under Rule 12(b) due by 6/27/2025; any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. Settlement Meeting and Rule 26(a)(3) disclosures by 9/2/2025. Plaintiffs' portion of proposed Pretrial Order to defendants due by 9/8/2025. Proposed Integrated Pretrial Order due by 9/15/2025. Pretrial Conference set for 9/22/2025 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 9/30/2025. Final Settlement Conference at 9:30 AM on 10/6/2025 in Huntington. Trial set for 10/7/2025 at 8:30 AM in Huntington before Judge Robert C. Chambers; further CANCELING the scheduling conference set for 7/29/2024. Signed by Judge Robert C. Chambers on 7/16/2024. (cc: counsel of record; any unrepresented parties) (skm) [Transferred from wvsd on 8/30/2024.]
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Filing 28
RULE 26(f) REPORT OF PLANNING MEETING by The Estate of Ruth Ann Johnson, Gary Harrison, Morgan, Collins & Yeast, PLLC, Law Offices of David A. Sims, PLLC, David A. Sims, Kyle R. Salyer. (Wessels, Blair) (Modified on 7/15/2024 to add party filers) (mkw). [Transferred from wvsd on 8/30/2024.]
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Filing 27
REPLY by Morgan, Collins & Yeast, PLLC, Kyle R. Salyer to #22 Response In Opposition. (Wessels, Blair) [Transferred from wvsd on 8/30/2024.]
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Filing 26
REPLY by Morgan, Collins & Yeast, PLLC, Kyle R. Salyer to #23 Response In Opposition. (Wessels, Blair) [Transferred from wvsd on 8/30/2024.]
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Filing 25
MOTION by Morgan, Collins & Yeast, PLLC for Extension of Time to File Reply to Plaintiffs' #22 Response In Opposition to July 8, 2024. (Attachment: #1 Proposed Order Granting Motion to Exceed Page Limit)(Wessels, Blair) (Modified on 7/1/2024 to add party filer) (mkw). [Transferred from wvsd on 8/30/2024.]
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Filing 24
EXHIBIT A by David A. Sims, Law Offices of David A. Sims, PLLC in support of their #23 Response In Opposition. (Banford, Craig) (Modified on 6/26/2024 to add party filer) (mkw). [Transferred from wvsd on 8/30/2024.]
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Filing 23
RESPONSE by Law Offices of David A. Sims, PLLC, David A. Sims in opposition to #20 MOTION by Morgan, Collins & Yeast, PLLC, Kyle R. Salyer to Dismiss #10 CROSSCLAIM by Defendant David A. Sims, Law Offices of David A. Sims, PLLC. (Banford, Craig) [Transferred from wvsd on 8/30/2024.]
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Filing 22
RESPONSE by The Estate of Ruth Ann Johnson, Gary Harrison in opposition to #8 MOTION by Morgan, Collins & Yeast, PLLC, Kyle R. Salyer to Dismiss for Improper Venue. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Frampton, Paul) (Modified on 6/25/2024 to add party filer) (mkw). [Transferred from wvsd on 8/30/2024.]
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Filing 21
MEMORANDUM by Morgan, Collins & Yeast, PLLC, Kyle R. Salyer in support of #20 MOTION by Morgan, Collins & Yeast, PLLC, Kyle R. Salyer to Dismiss CROSSCLAIM by Defendant David A. Sims, Law Offices of David A. Sims, PLLC. (Wessels, Blair) [Transferred from wvsd on 8/30/2024.]
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Filing 20
MOTION by Morgan, Collins & Yeast, PLLC, Kyle R. Salyer to Dismiss #10 CROSSCLAIM by Defendant David A. Sims, Law Offices of David A. Sims, PLLC. (Wessels, Blair) [Transferred from wvsd on 8/30/2024.]
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Filing 19
ORDER AND NOTICE lifting the stay; directing that Plaintiffs' Response to Defendants Morgan, Collins & Yeast, PLLC, and Kyle R. Salyer's #8 Motion to Dismiss is due by 6/23/2024; directing as follows: Rule 26(f) Meeting - 7/8/2024. Last day to file report of Rule 26(f) Meeting - 7/15/2024. Scheduling/status conference at 11:30 AM on 7/29/2024 in Huntington. Entry of Scheduling Order - 8/5/2024. Last Day to make Rule 26(a)(1) disclosures - 8/12/2024. Signed by Judge Robert C. Chambers on 6/10/2024. (cc: counsel of record; any unrepresented parties) (skm) [Transferred from wvsd on 8/30/2024.]
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Filing 18
REPORT OF MEDIATION by S. Douglas Adkins. (jsa) [Transferred from wvsd on 8/30/2024.]
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Filing 17
NOTICE of Rescheduled Mediation by Law Offices of David A. Sims, PLLC, David A. Sims. re: #14 Notice. (Banford, Craig) [Transferred from wvsd on 8/30/2024.]
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Filing 16
ORDER granting the #15 UNOPPOSED MOTION of Defendant Law Offices of David A. Sims PLLC and David A. Sims to Extend Current Stay of Proceedings to Allow for Mediation; extending the stay until 6/15/2024 to permit the parties to complete mediation on 6/3/2024. Signed by Judge Robert C. Chambers on 3/21/2024. (cc: counsel of record; any unrepresented parties) (jsa) [Transferred from wvsd on 8/30/2024.]
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Filing 15
UNOPPOSED MOTION by Law Offices of David A. Sims, PLLC, David A. Sims to Extend Current Stay of Proceedings to Allow For Mediation, re: #13 Order. (Banford, Craig) [Transferred from wvsd on 8/30/2024.]
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Filing 14
NOTICE OF MEDIATION by Gary Harrison, Administrator of the Estate of Ruth Ann Johnson. (Frampton, Paul) (Modified on 1/25/2024 to add party filer) (mkw). [Transferred from wvsd on 8/30/2024.]
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Filing 13
ORDER granting the parties' #12 JOINT MOTION to Stay Proceedings Pending Mediation; staying this action until 4/10/2024; the parties shall notify the Court of the outcome of any mediation within seven days; if mediation is unsuccessful, the stay shall be lifted and all outstanding pleadings, motions, and responses will be due 14 days after the stay has lifted. Signed by Judge Robert C. Chambers on 12/12/2023. (cc: counsel of record; any unrepresented parties) (jsa) [Transferred from wvsd on 8/30/2024.]
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Filing 12
JOINT MOTION by The Estate of Ruth Ann Johnson by Gary Harrison, Morgan, Collins & Yeast, PLLC, Kyle R. Salyer, Law Offices of David A. Sims, PLLC, David A. Sims to Stay Proceedings Pending Mediation. (Wessels, Blair) (Modified on 12/12/2023 to add party filers) (mkw). [Transferred from wvsd on 8/30/2024.]
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Filing 11
ORDER AND NOTICE: Rule 12(b) Motions - 12/19/2023. Rule 26(f) Meeting - 1/2/2024. Last day to file report of Rule 26(f) Meeting - 1/8/2024. Scheduling/status conference at 11:30 AM on 1/22/2024 in Huntington. Entry of Scheduling Order - 1/29/2024. Last Day to make Rule 26(a)(1) disclosures - 2/5/2024. Signed by Judge Robert C. Chambers on 11/29/2023. (cc: counsel of record; any unrepresented parties) (skm) [Transferred from wvsd on 8/30/2024.]
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Filing 10
ANSWER to #1 Complaint and CROSSCLAIM by Defendant David A. Sims, Law Offices of David A. Sims, PLLC against Defendants Morgan, Collins & Yeast, PLLC, Kyle R. Salyer by David A. Sims, Law Offices of David A. Sims, PLLC. (Banford, Craig) [Transferred from wvsd on 8/30/2024.]
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Filing 9
MEMORANDUM by Morgan, Collins & Yeast, PLLC, Kyle R. Salyer in support of #8 MOTION by Morgan, Collins & Yeast, PLLC, Kyle R. Salyer to Dismiss Without Prejudice, re: #1 Complaint. (Hurney, Thomas) [Transferred from wvsd on 8/30/2024.]
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Filing 8
MOTION by Morgan, Collins & Yeast, PLLC, Kyle R. Salyer to Dismiss Without Prejudice, re: #1 Complaint. (Hurney, Thomas) [Transferred from wvsd on 8/30/2024.]
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Filing 7
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT by The Estate of Ruth Ann Johnson, Gary Harrison, Law Offices of David A. Sims, PLLC, David A. Sims; said parties stipulate that the Law Office of David A. Sims, PLLC, and David A. Sims may file an answer or otherwise respond to the #1 Complaint on or before November 22, 2023. (Banford, Craig) (Modified on 10/30/2023 to add party filers) (mkw). [Transferred from wvsd on 8/30/2024.]
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Law Offices of David A. Sims, PLLC answer due 11/22/2023; David A. Sims answer due 11/22/2023 pursuant to the #7 Stipulation. (mkw) [Transferred from wvsd on 8/30/2024.]
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Filing 6
STIPULATION AS TO RESPONSE DATE by The Estate of Ruth Ann Johnson, Gary Harrison, Morgan, Collins & Yeast, PLLC, Kyle R. Salyer; said parties stipulate that Morgan, Collins & Yeast, PLLC, and Kyle R. Salyer, shall have until November 20, 2023, to answer or otherwise respond to the #1 Complaint. (Hurney, Thomas) (Modified on 10/19/2023 to add party filers) (mkw). [Transferred from wvsd on 8/30/2024.]
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Filing 5
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 10/12/2023 as to Law Offices of David A. Sims, PLLC. Certified Mail Number: 92148901125134100003852944. (jsa) [Transferred from wvsd on 8/30/2024.]
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Filing 4
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 10/12/2023 as to Morgan, Collins & Yeast, PLLC. Certified Mail Number: 92148901125134100003852951. (jsa) [Transferred from wvsd on 8/30/2024.]
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Morgan, Collins & Yeast, PLLC answer due 11/20/2023; Kyle R. Salyer answer due 11/20/2023 pursuant to the #6 Stipulation. (mkw) [Transferred from wvsd on 8/30/2024.]
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CASE assigned to Judge Robert C. Chambers. (klc) [Transferred from wvsd on 8/30/2024.]
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Filing 3
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa) [Transferred from wvsd on 8/30/2024.]
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Filing 2
ELECTRONIC SUMMONS ISSUED as to Law Offices of David A. Sims, PLLC, Morgan, Collins & Yeast, PLLC, Kyle R. Salyer, David A. Sims, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 summons as to David A. Sims, #2 summons as to Morgan, Collins & Yeast, PLLC, #3 summons as to Kyle R. Salyer) (jsa) [Transferred from wvsd on 8/30/2024.]
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Filing 1
COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8506414. (Attachments: #1 Proposed Summons as to Law Offices of David A. Sims, PLLC, #2 Proposed Summons as to David A. Sims, #3 Proposed Summons as to Morgan, Collins & Yeast, PLLC, #4 Proposed Summons as to Kyle R. Salyer, #5 Civil Cover Sheet) (jsa) [Transferred from wvsd on 8/30/2024.]
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