Burkhardt et al v. Lowe's Home Centers, LLC et al
| Anita Burkhardt and Brian Burkhardt |
| Mel Tipton, Lowe's Home Improvement, LLC and Lowe's Home Centers, LLC |
| 2:2019cv00078 |
| June 13, 2019 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| Candace J Smith |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 7, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 REPLY to #8 in Support of Motion to Remand filed by Anita Burkhardt, Brian Burkhardt. (Attachments: #1 Exhibit-Case Law)(Vaughn, Jay) Modified text to better describe exhibit on 8/7/2019 (ECO). |
| NOTICE OF DOCKET MODIFICATION TO Jay Vaughn re #15 REPLY; Error: attachment was insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #8 MOTION to Remand by Anita Burkhardt, Brian Burkhardt (ECO) |
| Filing 14 RESPONSE to Motion re #8 MOTION to Remand by Anita Burkhardt, Brian Burkhardt filed by Lowe's Home Centers, LLC. (Attachments: #1 Attachment - Gayheart v. Wal-mart)(Mays, Laura) |
Filing 13
ORDER: that the Joint Motion #12 is GRANTED. Exhibit 1 to Plaintiffs' Motion to Remand, entitled "Performance Guide: Store Manager," (R. #8 -1, at Page ID #58 through Page ID #61), SHALL BE SEALED by the Clerk and shall not be available for public viewing absent further order. The sealing of this document at the parties' joint request is granted for the purpose of facilitating the consideration and adjudication of the Motion to Remand. Should this case not be remanded and instead remain in this Court, continuing to maintain this document as a sealed exhibit in the public record for the duration of the case proceedings will require a more particularized showing by Defendant. Signed by Magistrate Judge Candace J. Smith on 7/23/2019. (ECO)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #12 JOINT MOTION to seal exhibit re #8 MOTION to Remand by Anita Burkhardt, Brian Burkhardt by Lowe's Home Centers, LLC (ECO) |
| Filing 12 JOINT MOTION to seal exhibit re #8 MOTION to Remand by Anita Burkhardt, Brian Burkhardt by Lowe's Home Centers, LLC Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Mays, Laura) |
| NOTICE OF DOCKET MODIFICATION TO Laura Mays re #11 Notice of Filing; Error: a link was not created to the related document. Entry by attorney; Clerk modified the entry to create the link; In the future, create a link to the related document. No further action required by counsel. cc: COR (ECO) |
| Filing 11 NOTICE OF FILING by Lowe's Home Centers, LLC AFFIDAVIT OF MELANIE TIPTON re #1 Notice of Removal (Attachments: #1 Exhibit - Affidavit of Melanie Tipton)(Mays, Laura) Modified on 7/16/2019 (ECO). |
| Filing 10 NOTICE TO ATTORNEY Marc Pera by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Atty Data Sheet - No record found)(ECO) |
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Filing 9
ORDER: That the call of this matter at Docket Call on Wednesday, July 17, 2019 be, and hereby is, VACATED pending resolution of the above motion #8 . Signed by Judge William O. Bertelsman on 7/11/2019.(ECO)cc: COR
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| Filing 8 MOTION to Remand by Anita Burkhardt, Brian Burkhardt (Attachments: #1 Exhibit-Performance Guide, #2 Exhibit-Job Description, #3 Proposed Order)(Vaughn, Jay) Modified to describe exhibits on 7/11/2019 (ECO). Modified to seal Exhibit 1 per Order DE #13 on 7/23/2019 (ECO). |
| Filing 7 NOTICE OF APPEARANCE by Anita Burkhardt, Brian Burkhardt. (Vaughn, Jay) |
| NOTICE OF FEE REFUND APPROVED the fee transaction involving Receipt No. 0643-4385450 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $ 400.00 was successfully completed on 6/19/2019 at 05:09:45 PM cc: COR (ECO) |
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Filing 6
ORDER: that said DOCKET CALL be, and hereby is, set WEDNESDAY, JULY 17, 2019 at 01:00 PM,to be held at the United States Courthouse, 35 West Fifth Street, Covington, Kentucky in the 5th Floor Courtroom. The parties shall confer and file a proposed scheduling order at least three (3) days before docket call. Counsel must attend the docket call in person and be sufficiently familiar with the case to answer any inquires the Court may have. Signed by Judge William O. Bertelsman on 6/17/2019.(ECO)cc: COR mailed copy to Attorney Marc Pera. Modified text on 6/17/2019 (ECO).
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| Filing 5 REQUEST FOR FEE REFUND TO CREDIT CARD by Lowe's Home Centers, LLC, Lowe's Home Improvement, LLC . (Mays, Laura) |
| Conflict Check run. (KRB) |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Lowe's Home Centers, LLC, Lowe's Home Improvement, LLC identifying Corporate Parent Lowe's Companies, Inc., a North Carolina Corporation for Lowe's Home Centers, LLC, Lowe's Home Improvement, LLC.. (KRB) |
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Filing 3
STANDING REFERRAL ORDER; 1)Case referred to Mag. Judge to supervise discovery and pretrial proceedings. Case to revert back to undersigned to hold final pretrial conference and trial; 2)Mag. Judge to conduct all pretrial/status conferences and rule on non-dispositive motions. Dispositive motions and motions in limine to be referred by the Clerk of this Court to the undersigned. Final pretrial conference and trial also to be before the undersigned. Signed by Judge William O. Bertelsman on 6/18/2010.(KRB)cc: COR
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| Filing 1 NOTICE OF REMOVAL from Boone County Circuit Court, case number 19-CI-631. ( Filing fee $400; receipt number 0643-4385505), filed by Lowe's Home Improvement, LLC, Mel Tipton, Lowe's Home Centers, LLC. (Attachments: #1 Exhibit A. SCR Complaint, #2 Exhibit B. SCR Agreed Order, #3 Exhibit C. SCR Affidavit, #4 Exhibit D.SCR Demand, #5 Exhibit E. SCR Answer, #6 Civil Cover Sheet)(KRB) . |
| ANSWER to Complaint with Jury Demand filed as part of the SCR re #1 by Lowe's Home Centers, LLC, Lowe's Home Improvement, LLC, Mel Tipton.(KRB) |
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