Franklin et al v. Serio et al
| Stephanie Franklin and Marc Dolphin |
| Justin Serio and Gym Supply Warehouse, LLC |
| 2:2023cv00022 |
| February 15, 2023 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Danny C Reeves |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 JOINT STATUS REPORT April 2023 by Marc Dolphin, Stephanie Franklin. (Mendiondo, Adrian) |
Filing 6
SCHEDULING ORDER:(1) Within 10 days from this date, the parties are directed to exchange information required by Rule 26(a)(1) which has not been previously exchanged. These disclosures need not be filed in the record. No later than 8/14/2023, the plaintiffs are directed to disclose the identity of expert witnesses; No later /11/2023, the defendants are directed to disclose the identity of expert witnesses; (3) Supplementation under Rule 26(e) is due within thirty days of the discovery of new information, but by no later than thirty days prior to the close of discovery. (4) Discovery due by 11/6/2023. (5) All discovery disputes are referred to the United States Magistrate Judge selected by random draw.(6) All motions for extensions of time must be referred to the undersigned for disposition.(7) The parties may not, by agreement, extend any of the deadlines set forth in this Scheduling Order.(8) No later than 11/25/2023, the parties are directed to file any motions to amend pleadings and/or join additional parties. (9) Dispostive and Daulbert Motions due by 12/4/2023. 10) This case is assigned for a final pretrial conference on Monday, April 8, 2024, beginning at the hour of 9:00 a.m., at the United States Courthouse in Covington, Kentucky (11) No later than (14) days prior to the pretrial conference, counsel are directed to file, submit to the Court's chambers, and provide to opposing counsel, the following: (See a thru c). (12) No later than fourteen days prior to the pretrial conference, counsel are directed to pre-mark and number all exhibits in accordance with Rule 83.10 of the Joint Local Rules for the United States District Courts for the Eastern and Western Districts of Kentucky, and provide to opposing counsel, copies of all such exhibits and of all demonstrative aids intended to be used at trial. (13) No later than fourteen days prior to the pretrial conference, counsel are directed to file with the Clerk, submit to the Court, and provide to opposing counsel, any objections to the use of depositions or to the admissibility of exhibits pursuant to Rule 26(a)(3)(B). Objections not then disclosed, other than objections based on Federal Rules of Evidence 402 and 403, will be deemed waived unless excused by the Court for good cause shown. (14) The above listed pretrial filings may be submitted to the undersigned at reeves_chambers@kyed.uscourts.gov. This e-mail address is not intended for ex parte conversations or communications with the Court, either by parties or counsel. (15) No later than seven days prior to the pretrial conference, the parties are directed to submit to the Court's chambers a copy of each exhibit. (16) This action is assigned jury trial on Monday, May 6, 2024, beginning at 9:00 a.m., at the United States Courthouse in Covington, Kentucky, with counsel to be present at 8:30 a.m. The estimated length of trial is four days. (17) The parties are directed to file a joint status report the first Monday of each month1. Separate or individual status reports are not permitted. The status reports must summarize the activities in the case for the preceding thirty days. Status reports should include activities in the case, as opposed to merely summarizing items appearing on the docket sheet. Failure to timely comply with this requirement will result in the matter being set for a status conference, requiring the attendance of counsel and the parties. (18) The parties are directed to use the services of a private mediator in the event they seek to mediate their dispute. Signed by Judge Danny C. Reeves on 7/8/2023.(ECO) (Parties to See Order for Details). cc: COR, Modified on 3/8/2023 (ECO).
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| ***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review: #5 Joint Report of Rule 26(f) Planning Meeting (ECO) |
| Filing 5 JOINT REPORT of Rule 26(f) Planning Meeting. (Mendiondo, Adrian) |
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Filing 4
ORDER FOR MEETING AND REPORT: 1. No later than thirty (30) days from the date of entry and service of this order, counsel for the parties shall conduct the meeting of parties required by Rule 26(f) to discuss the possibilities for a prompt settlement or resolution of the case and to develop a proposed discovery plan. 2. At the time of the meeting, counsel for the parties shall exchange the disclosures required by Rule 26(a)(1) and, in the future, shall make supplemental disclosures when required by Rule 26(e). 3. No later than fourteen (14) days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. In proposing deadlines, the parties should contemplate a trial date within 12 months or fewer. The parties' report shall include the following information: (a) the parties' views and proposals required by Rule 26(f); (b) the length of time counsel reasonably believe will be necessary to join other parties and to amend the pleadings; (c) the length of time counsel reasonably believe will be necessary to file motions; (d) the length of time counsel reasonably believe will be necessary to complete all pretrial discovery, including expert witness discovery; (e) the length of time counsel reasonably believe will be necessary for the parties to make the expert disclosures required by Rule 26(a)(2), with these disclosures to be made during the pretrial discovery phase of the case; (f) the probable length of trial and whether there will be issues to submit to a jury; (g) the dates that are mutually convenient with counsel to assign this case for trial; (h) whether the parties desire a scheduling conference before entry of a scheduling order; and (i) whether the parties consent to the jurisdiction of a magistrate judge for all further proceedings, including trial, pursuant to 28 U.S.C. 636(c). Consent forms are attached to this order and forms signed by all parties counsel should be filed by no later than the date counsels joint status report is due. If all parties, by counsel, so consent, the Clerk of Court shall re-assign this matter to the appropriate Magistrate Judge without the necessity of further order of the Court. L.R. 73.1(c). Signed by Judge Danny C. Reeves on 2/16/2023.(ECO)cc: COR (Additional attachment(s) added on 2/17/2023: #1 AO-85 Consent Form) (ECO).
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| ***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review: #1 Notice of Removal, Answer to Complaint (ECO) |
| Conflict Check run. (ECO) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Gym Supply Warehouse, LLC. (ECO) |
| Filing 1 NOTICE OF REMOVAL from Grant Circuit Court, case number 23-CI-00023. ( Filing fee $402; receipt number AKYEDC-5480287), filed by Gym Supply Warehouse, LLC, Justin Serio. (Attachments: #1 State Court Record, #2 Civil Cover Sheet, #3 Notice of Filing Notice of Removal)(ECO) |
| ANSWER to Complaint by Gym Supply Warehouse, LLC, Justin Serio. (Filed as part of State Court Record re #1 Notice of Removal. Attachment #1-1 of State Court Record).(ECO) |
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