Kosco v. Kohl's Inc. et al
Plaintiff: Mary Lou Kosco
Defendant: E.E. Newcomer Enterprises, Kohl's Inc. and D.H. Pace Co., Inc.
Case Number: 2:2020cv00067
Filed: May 5, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: William O Bertelsman
Referring Judge: Candace J Smith
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2020 NOTICE OF DOCKET MODIFICATION TO Stockard Hickey re #15 Initial Disclosures; Error: the Initial Disclosures was incorrectly filed using the event "Disclosure Statement pursuant to 7.1." Entry by attorney; Clerk Modified the text of #12 to state "incorrectly filed." Clerk filed the Initial Disclosure as #15 ; In the future, contact the ECF help desk when assistance is needed to select the Correct event. No further action required by counsel. cc: COR (ECO)
July 1, 2020 Filing 15 NOTICE OF FILING INITIAL DISCLOSURES OF DEFENDANT Kohl's Inc. (Filed per QC DE #12 ). (ECO)
July 1, 2020 Filing 14 NOTICE OF FILING by D.H. Pace Co., Inc., E.E. Newcomer Enterprises Notice of Service (Stopher, Robert)
July 1, 2020 Filing 13 NOTICE OF FILING by Mary Lou Kosco Initial Disclosures (Sweeney, Thomas)
July 1, 2020 Filing 12 "INCORRECTLY FILED AS FRCP 7.1 DISCLOSURE STATEMENT" by Kohl's Inc.. (Hickey, Stockard) "Please see docket entry #15 for the CORRECT ENTRY for this document." Modified to add Incorrectly Filed on 7/2/2020 (ECO).
June 1, 2020 Filing 11 NOTICE by Mary Lou Kosco Notice of Service (Sweeney, Thomas)
May 29, 2020 Opinion or Order Filing 10 SCHEDULING ORDER: that the following deadlines and procedures for discoveryand general pretrial proceedings are imposed in this case: A) DEADLINES AND CASE SCHEDULE: 1) Rule 26(a)(1) disclosures by July 1, 2020.2) Motions to amend pleadings and/or join parties by September 1, 2020. 3) Rule 26(a)(2)(A) identity disclosure accompanied by either (a)(2)(B) report or (a)(2)(C) summary disclosure from Plaintiff, by October 1, 2020 From Defendants, by November 30, 2020. 4) Completion of All Discovery January 4, 2021. Discovery shall be subject to any limitations agreed upon and proposed by the parties in their Joint Report #14 . 5) Status Report by close of discovery (January 4, 2021). 6) Dispositive and Daubert motions by January 29, 2021. 7) Deadline Extensions must be requested by joint or separate motion prior toexpiration of the applicable deadline. B) DISCOVERY DISPUTE PROCEDURE: To facilitate the supervision of discovery, the parties shall utilize the following procedure to address discovery disputes: 1) Parties shall first confer directly and in good faith and attempt to resolve the discovery dispute between themselves, without judicial intervention; 2) If the parties are unable to resolve the dispute after conferring directly, they shall attempt to resolve their disagreement by calling Chambers to schedule an informal telephone conference; and 3) If, and only if, the parties are unable to resolve their discovery impasse after informal telephone conference with the Court, they may file appropriate written motions. Written motions regarding discovery shall include the certification required by Civil Rule 37(a)(1) and Local Rule of Civil Practice 37.1, if applicable. Signed by Magistrate Judge Candace J. Smith on 5/29/2020.(ECO)cc: COR
May 28, 2020 Filing 9 REPORT of Rule 26(f) Planning Meeting. (Hickey, Stockard)
May 28, 2020 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #9 Report of Rule 26(f) Planning Meeting (ECO)
May 12, 2020 Filing 8 FRCP 7.1 DISCLOSURE STATEMENT by E.E. Newcomer Enterprises.(Stopher, Robert) Modified to better describe document on 5/13/2020 (ECO).
May 12, 2020 Filing 7 FRCP 7.1 DISCLOSURES STATEMENT by D.H. Pace Co., Inc..(Stopher, Robert) Modified to better describe document on 5/13/2020 (ECO).
May 11, 2020 Opinion or Order Filing 6 ORDER: The parties shall confer no later than 5/26/2020 to consider the nature and basis of their claims, possibilities for a prompt settlement to make or arrange for the disclosures, and to develop a proposed discovery plan. Proposed schedule shall be filed no later than 6/2/2020. The Court will review the plan and determine whether a preliminary pretrial conference is needed. If the Court determines that a conference is not necessary, a scheduling order will be issued. Signed by Magistrate Judge Candace J. Smith on 5/11/2020.(TJZ)cc: COR
May 5, 2020 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review. (SLG)
May 5, 2020 Opinion or Order Filing 5 STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings is required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 06/18/2010.(SLG)cc: COR
May 5, 2020 Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Robert Estes Stopher. #1 Notice of Removal, has been filed by D.H. Pace Co., Inc. and E.E. Newcomer Enterprises, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (SLG)
May 5, 2020 Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Kohl's Inc. identifying Corporate Parent KSS, Corporate Parent Kohl's Corporation for Kohl's Inc. (SLG)
May 5, 2020 Filing 1 NOTICE OF REMOVAL from Boone Circuit Court, case number 20-CI-00446. (Filing fee $400; receipt number 0643-4661278), filed by Kohl's Inc., E.E. Newcomer Enterprises, D.H. Pace Co., Inc..(Attachments: #1 Civil Cover Sheet, #2 Exhibit A-Notice of Filing of Removal for State Court, #3 State Court Record Exhibit B-State Court Pleadings)(SLG)
May 5, 2020 ANSWER to Complaint (Notice of Removal) by D.H. Pace Co., Inc., E.E. Newcomer Enterprises, Kohl's Inc. Filed in State Court Record #1 . (SLG)
May 5, 2020 Conflict Check run. (SLG)

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Defendant: E.E. Newcomer Enterprises
Represented By: Robert Estes Stopher
Represented By: Stockard Robert Hickey, III
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Defendant: Kohl's Inc.
Represented By: Stockard Robert Hickey, III
Represented By: Robert Estes Stopher
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Defendant: D.H. Pace Co., Inc.
Represented By: Robert Estes Stopher
Represented By: Stockard Robert Hickey, III
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Plaintiff: Mary Lou Kosco
Represented By: Thomas A. Sweeney
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