Morgan v. Peine et al
| Sherrill D. Morgan |
| The Cincinnati Insurance Company, Patricia Peine and DoorDash, Inc. |
| 2:2020cv00170 |
| November 30, 2020 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| Candace J Smith |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 18, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 40 STIPULATION of Dismissal with Prejudice by The Cincinnati Insurance Company. (Kyle, Kimberly) |
| ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #40 Stipulation of Dismissal (TJZ) |
Filing 39
ORDER: Joint motion for Extension #38 is granted. Agreed Order of Dismissal shall be filed on or before 10/21/2022. Signed by Magistrate Judge Candace J. Smith on 10/7/2022. (TJZ)cc: COR
|
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #38 JOINT MOTION for Extension of Time to File by The Cincinnati Insurance Company FOR FILING OF THE ENTRY OF DISMISSAL (TJZ) |
| Filing 38 JOINT MOTION for Extension of Time to File by The Cincinnati Insurance Company FOR FILING OF THE ENTRY OF DISMISSAL Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Granting Extension of Time)(Kyle, Kimberly) |
|
Filing 37
SUPPLEMENTAL ADR REPORT AND ORDER: On or before 9/30/2022 parties shall file a proposed agreed order of dismissal. Signed by Magistrate Judge Candace J. Smith on 8/30/2022. Signed by Candace J. Smith. (TJZ)cc: COR
|
|
Filing 36
MINUTE ENTRY ORDER/ADR COMPLIANCE REPORT: SETTLEMENT CONFERENCE held on 5/13/2022 before Magistrate Judge Candace J. Smith: A settlement was not achieved. Further report to be filed. Signed by Magistrate Judge Candace J. Smith on 5/23/2022. Signed by Candace J. Smith. (TJZ)cc: COR
|
| Filing 35 NOTICE OF APPEARANCE by Patricia Peine. (Lally, Brandon) |
|
Filing 34
VIRTUAL ORDER: denying #32 Motion to Substitute as Counsel. Parties are represented before this Court by individual attorneys rather than law firms or legal organizations. Attorney Brian F. Haara continues as counsel of record for DoorDash, Inc. and substitution of Fultz Maddox Dickens PLC as counsel of record for said Defendant is not appropriate. The change in Attorney Haara's professional employment from Tachau Meek PLC to Fultz Maddox Dickens PLC does necessitate updating his professional address in his registration with this Court, and the case docket sheet reflects that his mailing address (paper and electronic) and other contact information have been updated since the filing of the Motion to Substitute. Signed by Magistrate Judge Candace J. Smith on 4/28/2022. (TJZ)cc: COR
|
|
Filing 33
VIRTUAL ORDER: granting #31 Motion to Withdraw as Counsel, the requirements of Joint Local Civil Rule 83.6 having been satisfied. Following the Clerk's service of this Virtual Order to counsel of record, Attorney Matthew W. Swafford may be termed as counsel of record for DoorDash, Inc. and removed from the case service list. Signed by Magistrate Judge Candace J. Smith on 4/28/2022. (TJZ)cc: COR
|
| Filing 32 MOTION to Substitute Attorney by DoorDash, Inc. Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Haara, Brian) |
| Filing 31 MOTION to Withdraw as Attorney by DoorDash, Inc. Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Swafford, Matthew) |
|
Filing 30
ORDER: that the deadlines for completion of discovery and filing of dispositive and Daubert motions in this case, see #12 , are hereby extended generally, pending the outcome of the parties' alternative dispute resolution efforts. Signed by Magistrate Judge Candace J. Smith on 03/28/2022.(TDB)cc: COR
|
|
Filing 29
ORDER: A SETTLEMENT CONFERENCE set for 5/13/2022 at 09:30 AM in COVINGTON before Magistrate Judge Candace J. Smith. The parties and their counsel, as well as an individual with full settlement authority if that is not the actual party or corporate party representative,1 shall attend and participate in the settlement conference unless otherwise excused by the Court. Counsel for each side shall provide to the undersigned's Chambers by close of business on May 6, 2022. This document setting forth a partys settlement position shall not be filed with the Clerk of Court or provided to any other party. (See Order for Details) Signed by Magistrate Judge Candace J. Smith on 3/16/2022.(SLG)cc: COR,COV Diary
|
| Filing 28 NOTICE by Sherrill D. Morgan re #26 Notice to Take Deposition Cancel Deposition of James Keller MD (Sanders, Justin) |
| Filing 27 MINUTE ENTRY ORDER FOR TELEPHONIC SCHEDULING CONFERENCE held on 2/11/2022 before Magistrate Judge Candace J. Smith: Counsel shall inform the Court by close of business on 2/16/2022 whether the parties desire to participate in ADR. (Tape #KYED-COV__20-cv-170-DLB-CJS _20220211 093136.) Signed by Candace J. Smith. (TJZ)cc: COR |
| Filing 26 FIRST NOTICE to Take Deposition of James Keller, M.D. on 02/15/2022 at 3:00pm by Sherrill D. Morgan.(Sanders, Justin) |
|
Filing 25
ORDER: TELEPHONE CONFERENCE set for 2/11/2022 at 09:30 AM in COVINGTON before Magistrate Judge Candace J. Smith. Counsel should connect 5 minutes before the conference is scheduled to begin. Signed by Magistrate Judge Candace J. Smith on 2/4/2022.(TJZ)cc: COR, Cov Diary
|
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #24 Joint Status Report. (SLG) |
| Filing 24 JOINT STATUS REPORT by Sherrill D. Morgan. (Sanders, Justin) |
| Filing 23 NOTICE by Sherrill D. Morgan of Service (Sanders, Justin) |
| Filing 22 DISCLOSURES by Patricia Peine.(Deener, Elizabeth) |
| Filing 21 CERTIFICATE OF SERVICE for Expert Witness Disclosures by The Cincinnati Insurance Company.(Kyle, Kimberly) |
| Filing 20 NOTICE to Take Deposition of Patricia Peine on November 17, 2021 9:30 a.m. by Sherrill D. Morgan.(Sanders, Justin) |
| Filing 19 NOTICE by Sherrill D. Morgan of Service of Plaintiff's Expert Witness Disclosures (Sanders, Justin) |
|
Filing 18
ORDER: 1) The Notice of Substitution of Counsel #13 is hereby denied as moot. 2) Based on the representations and the clients consent contained in the Notice of Change of Address #17 , the Notice of Change of Address filing is also hereby construed as Plaintiff's Motion to Remove Attorney Whitney L. Stepp as cocounsel for Plaintiff and, as so construed, the Motion to Remove #17 is hereby granted. 3) Following the Clerk's service of this Order to counsel of record, proposed substituting counsel for Plaintiff, Zachary M. Chesser, and current co-counsel for Plaintiff, Whitney L. Stepp, shall be termed on the case docket sheet and their names removed from the case service list. Signed by Magistrate Judge Candace J. Smith on 7/30/21.(KRB)cc: COR
|
| Filing 17 NOTICE of Change of Address by Justin A. Sanders (Sanders, Justin) |
|
Filing 16
ORDER: that the Notice of Substitution of Counsel #13 is hereby taken under advisement, pending the filing of a revised Notice that complies with all of the requirements of Joint Local Rule 83.6(c).. Signed by Magistrate Judge Candace J. Smith on 6/7/21.(KRB)cc: COR
|
| Filing 15 NOTICE TO ATTORNEY Zachary M. Chesser by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (ECO) |
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #13 Notice of Substitution of Counsel. (ECO) |
| Filing 14 Plaintiff's First set of Interrogatories & Requests for Production of Documents to dft Patricia Peine by Sherrill D. Morgan. (Sanders, Justin) Modified text on 5/18/2021 (KJR). |
| Filing 13 NOTICE of Substitution of Counsel by Justin A. Sanders on behalf of Sherrill D. Morgan Notice of Substitution of Counsel (Sanders, Justin) Modified text on 5/19/2021 (ECO). |
|
Filing 12
SCHEDULING ORDER:1) Rule 26(a)(1) Initial Disclosures on or before February 1, 2021. These disclosures should not be filed in the Court record. (2) Motion to Join Parties/Amend Pleadings on or before March 22, 2021. (3) Rule 26(a)(2) Expert Witness Disclosures Deadline for Plaintiff on or before October 26, 2021. Deadline for Defendants on or before November 30, 2021. Deadline for Rebuttal Experts on or before December 30, 2021. These reports should not be filed in the Court record. Supplementation of expert information as required by Rule 26(e)(2) will be made in conjunction with Rule 26(a)(3) pretrial disclosures. (4) All Discovery on or before January 31, 2022. (5) Status Report on or before January 31, 2022. The report should indicate the progress of the case and the status of settlement negotiations, the likelihood of settlement, and the feasibility of alternative dispute resolution, including the parties views on the method of resolution (i.e., mediation, arbitration, settlement conference with the Court, summary jury trial, etc.).. Signed by Judge David L. Bunning on 12/30/20.(KRB)cc: COR
|
| ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #11 Report of Rule 26(f) Planning Meeting (KRB) |
| Filing 11 JOINT REPORT of Rule 26(f) Planning Meeting. (Haara, Brian) |
|
Filing 10
ORDER FOR MEETING AND REPORT: (1) Within twenty-one (21) days from the date of the entry of this Order, the parties, by counsel, shall meet, either in person or by telephone, to discuss the nature and basis of their claims and defenses, and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Rule 26(a)(1) of the Federal Rules of Civil Procedure, and to develop a proposed discovery plan. See Fed. R. Civ. P. 26(f). (2) Within ten (10) days after the meeting, the parties shall file a joint status report.(3) Should the parties find that a joint report is not possible, the parties shall each file individual reports, which the Court shall entertain for the purposes of setting out its Scheduling Order or other appropriate Orders. Signed by Judge David L. Bunning on 12/1/2020. (Attachments: #1 MJ Consent Form)(KRB)cc: COR
|
| Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by The Cincinnati Insurance Company identifying Corporate Parent Cincinnati Financial Corporation for The Cincinnati Insurance Company.. (Kyle, Kimberly) |
| ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #8 Answer to Complaint (Notice of Removal), #7 Answer to Complaint (Notice of Removal), #9 Answer to Complaint (Notice of Removal) (SLG) |
| Filing 9 ANSWER to Complaint (Notice of Removal) by Patricia Peine (File in State Court Record) #1 (SLG) |
| Filing 8 ANSWER to Complaint (Notice of Removal) by DoorDash, Inc. (File in State Court Record) #1 (SLG) |
| Filing 7 ANSWER to Complaint (Notice of Removal) by The Cincinnati Insurance Company (File in State Court Record) #1 (SLG) |
| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by DoorDash, Inc.. (Haara, Brian) |
|
Filing 4
STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) 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 of this court to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required.. Signed by Judge David L. Bunning on 1/13/2011.(SLG)cc: COR
|
| Filing 3 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Brian F. Haara and Kimberly A. Kyle. #1 Notice of Removal, has been filed by DoorDash, Inc. and The Cincinnati Insurance Company 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) |
| Filing 1 NOTICE OF REMOVAL from Kenton Circuit Court, case number 20-CI-01537. ( Filing fee $400; receipt number 0643-4838702, filed by DoorDash, Inc., Patricia Peine, The Cincinnati Insurance Company. (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - Letter, April 14, 2020, #3 Exhibit C - Letter, July 28, 2020, #4 Exhibit D - CIC Declarations, #5 Civil Cover Sheet)(SLG) |
| Conflict Check run. (SLG) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
