Tucker v. KBT Enterprises, Inc. et al
| Andrew Tucker |
| KBY Enterprises, Inc., Terry Dawson and KBT Enterprises, Inc. |
| 2:2021cv00038 |
| March 18, 2021 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| Candace J Smith |
| Motor Vehicle |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.
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Filing 10
SCHEDULING ORDER: A. DEADLINES AND CASE SCHEDULE The following deadlines for discovery and general pretrial proceedings are imposed: 1) Rule 26(a)(1) disclosures by April 30, 2021; 2) Mid-discovery status report by September 30, 2021; 3) Completion of fact discovery by November 1, 2021; 4) Amended pleadings by consent or motion and/or motions to join parties by December 1, 2021; 5) Rule 26(a)(2)(A) expert identity disclosure accompanied by either (a)(2)(B) report or (a)(2)(C) summary disclosure Plaintiffs experts by December 15, 2021; Defendants experts by January 14, 20221; 6) Completion of expert discovery by February 28, 2022; 7) Close of discovery status report by February 28, 2022; 8) Dispositive Motions by March 30, 2022; 9) Deadline Extensions must be requested prior to expiration 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 4/13/2021.(ECO)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #9 Report of Rule 26(f) Planning Meeting (ECO) |
| Filing 9 JOINT REPORT of Rule 26(f) Planning Meeting. (Erpenbeck, Gregory) |
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Filing 8
ORDER: That Defendants' Motion to Correct Party Name #6 is GRANTED, and that, accordingly, the Clerk is directed to correct the name of KBT in the docket the Clerk maintains, correcting it to read "KBT Enterprises, Inc.," as opposed to : "KBY Enterprises, Inc." Signed by Magistrate Judge Candace J. Smith on 3/22/2021. (ECO)cc: COR
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Filing 7
ORDER FOR MEETING AND REPORT: 1) Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, the parties shall confer no later than April 5, 2021, to consider 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), and to develop a proposed discovery plan and case schedule. 2) A report of the parties' planning meeting with proposed schedule shall be filed no later than April 12, 2021. 3) Upon the filing of the planning report, 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 based upon the plan filed by the parties. If the Court determines that a conference should be held, an order scheduling the same shall issue. Signed by Magistrate Judge Candace J. Smith on 3/22/2021.(ECO)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: Answer to Complaint (Notice of Removal) (ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #6 MOTION to Amend/Correct #1 Notice of Removal, by Terry Dawson, KBY Enterprises, Inc. Defendants' (ECO) |
| Filing 6 MOTION to Amend/Correct #1 Notice of Removal, by Terry Dawson, KBY Enterprises, Inc. Defendants' Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Jensen, Eric) |
| Filing 5 CORPORATE FRCP 7.1 DISCLOSURE STATEMENTof KBT Enterprises, Inc. by KBY Enterprises, Inc.. (Jensen, Eric) |
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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 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 0. Bertelsman on 6/18/2010. (SLG)cc: COR
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| Filing 3 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Eric M. Jensen. #1 Notice of Removal, has been filed by KBY 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) |
| Filing 1 NOTICE OF REMOVAL from Bracken Circuit Court, case number 21-CI-00014. (Filing fee $402; receipt number 0643-4923900), filed by KBY Enterprises, Inc., Terry Dawson. (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - State Court Summons, #3 Civil Cover Sheet)(SLG) (Additional attachment(s) added on 3/18/2021: #4 Exhibit 4 - State Court Record) (SLG). |
| Conflict Check run. (SLG) |
| ANSWER to Complaint (Notice of Removal) by Terry Dawson, KBY Enterprises, Inc.. File in State Court Record #1 (SLG) |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review. (SLG) |
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