Kirk v. Wal Mart, Inc.
Plaintiff: Terrie Kirk
Defendant: Wal Mart, Inc.
Case Number: 2:2020cv00151
Filed: October 21, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Edward B Atkins
Referring Judge: William O Bertelsman
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2021 Opinion or Order Filing 11 ORDER: The telephonic mid-discovery call currently scheduled on February 9, 2021 at the hour of 2:00 p.m. is CANCELED. Should a discovery dispute arise, the parties are directed to comply with the protocol outlined in the Standing Case Management and Referral Order #4 . Signed by Magistrate Judge Edward B. Atkins on 02/03/2021. Emailed Pikeville Clerk notifying of cancellation. cc: COR Modified on 2/3/2021 (SLG).
February 2, 2021 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #10 Joint Status Report (ECO)
February 1, 2021 Opinion or Order Filing 10 JOINT STATUS REPORT by Wal Mart, Inc.. (Adams, Jennifer)
January 4, 2021 Opinion or Order Filing 9 JOINT STATUS REPORT by Wal Mart, Inc.. (Adams, Jennifer)
January 4, 2021 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #9 Status Report (ECO)
December 8, 2020 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #8 JOINT Status Report re #7 Scheduling Order. (ECO)
December 7, 2020 Opinion or Order Filing 8 JOINT STATUS REPORT for December by Wal Mart, Inc.. (Adams, Jennifer)
November 12, 2020 Opinion or Order Filing 7 SCHEDULING ORDER: 1. The parties shall exchange Rule 26(a)(1) disclosures by November 30, 2020. 2. The parties are directed to file a joint status report the first Monday of each month. 3. The parties have indicated they are agreeable to mediation. 4. This action is assigned for a telephonic mid-discovery conference on February 9, 2021, at 2:00 p.m., and shall be ON THE RECORD, from PIKEVILLE. Counsel shall access the conference by calling AT&T Teleconferencing (see Order for details). 5. The parties shall file any motion to join parties or amend pleadings by March 30, 2021. 6. No later than May 31, 2021, counsel for the parties shall complete all pretrial fact discovery. 7. Per Fed. R. Civ. P. 26(a)(2), no later than June 30, 2021, the plaintiff shall disclose the identity of expert witnesses. The same is required by the defendant no later than August 2, 2021. These disclosures need not be filed in the Court record. 8. All expert discovery shall be completed no later than September 30, 2021. 9. The parties shall have to and including November 1, 2021, by which to file all dispositive motions and Daubert motions, with response and reply time as per Local Rule 7.1(c). A courtesy copy of briefs and memoranda in support of motions must be provided toJudge Bertelsmans Chambers within 48 hours of electronic filing; said courtesy copy should be in paper form or emailed. 10. Requests to modify any dates or deadlines established by this order shall be submitted upon motion filed prior to expiration of the deadline in question, and upon showing of good cause beyond the control of counsel in the exercise of due diligence. See L.R. 7.1(b). (Parties to comply with all aspects of this Order). Signed by Magistrate Judge Edward B. Atkins on 11/12/2020.(ECO)cc: COR
November 9, 2020 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #6 Report of Rule 26(f) Planning Meeting (ECO)
November 6, 2020 Opinion or Order Filing 6 JOINT REPORT of Rule 26(f) Planning Meeting. (Adams, Jennifer)
October 22, 2020 Opinion or Order Filing 5 ORDER FOR MEETING AND REPORT: Pursuant to Fed. R. Civ. P. 16 and 26, the Court ORDERS as follows: 1. Within 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates. 2. Within 14 days of the meeting, the parties shall file a joint status report containing: a. The discovery plan, containing, inter alia, the parties' views and proposals on all items Rule 26(f)(3) lists and any standard scheduling order deadlines and/or requirements on which the parties wish the Court to consider specific timing proposals;b. The parties' estimate of the time necessary to file pretrial motions; c. The parties' belief(s) as to whether the matter is suitable for some form of alternative dispute resolution and any proposed timing; and d. The parties' estimate as to the likely length of trial and dates mutually convenient for trial. Signed by Magistrate Judge Edward B. Atkins on 10/22/2020.(ECO)cc: COR
October 21, 2020 Opinion or Order Filing 4 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 as 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 6/18/2010.(ECO)cc: COR
October 21, 2020 Opinion or Order Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Wal Mart, Inc.. (ECO)
October 21, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL from Campbell Circuit Court, case number 20-CI-710. ( Filing fee $400; receipt number 0643-4806033), filed by Wal Mart, Inc.. (Attachments: #1 Exhibit 1-Email Correspondence, #2 Exhibit 2-State Court Record, #3 Civil Cover Sheet)(ECO)
October 21, 2020 Opinion or Order ANSWER to Complaint with Jury Demand by Wal Mart, Inc.. (Filed as part of State Court Record (DE #1 Exhibit 2).(ECO)
October 21, 2020 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Edward B. Atkins for review: Answer to Complaint (ECO)
October 21, 2020 Opinion or Order Conflict Check run. (ECO)

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Plaintiff: Terrie Kirk
Represented By: Robert E. Blau
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Defendant: Wal Mart, Inc.
Represented By: Jennifer Kincaid Adams
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