Dimitt et al v. State Farm Fire and Casualty
| James Dimitt and Ava Dimitt |
| State Farm Fire and Casualty |
| 2:2023cv00055 |
| April 28, 2023 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| Candace J Smith |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.
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Filing 14
REPLY BRIEF to #5 IN SUPPORT OF MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT filed by State Farm Fire and Casualty. (Attachments: #1 Exhibit A- July 26, 2021 Letter, #2 Exhibit B- October 1, 2021 Letter, #3 Exhibit C-email and letter of State Farm to Plaintiffs Counsel, dated November 23, 2022)(Banks, Darrin)
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Filing 13
VIRTUAL ORDER: granting Defendant's Unopposed Motion (R. #11 ) for Extension of Time to File Reply Brief in Support of its Motion to Dismiss (R. #5 ). Defendant's Reply, which was originally due on or before June 9 under Local Rule 7.1(c), shall be filed on or before June 16. Signed by Magistrate Judge Candace J. Smith on 6/13/2023.(ECO)cc: COR
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Filing 12
VIRTUAL ORDER: granting Plaintiffs' Unopposed Motion (R. #7 ) for a 7-day extension of time to file their memorandum opposing Defendant's Motion to Dismiss, or in the Alternative, for Summary Judgment (R. #5 ). Plaintiffs' Memorandum in Opposition to Defendant's Motion, which was originally due by May 19 under Local Rule 7.1(c), and which was filed on May 26 (see R. #9 ) is deemed timely filed. Signed by Magistrate Judge Candace J. Smith on 6/13/2023. (ECO)cc: COR
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Filing 11
UNOPPOSED MOTION for Extension of Time to File Response/Reply by State Farm Fire and Casualty Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Banks, Darrin)
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NOTICE OF DOCKET MODIFICATION TO Randy Blankenship re #10 Notice of Filing; Error: attachments were insufficiently described as Exhibit A,Exhibit B. Entry by attorney; Correction: the Clerk renamed the attachments.Attachments must be adequately described. Example: Exhibit A (incorrect);Exhibit A Affidavit of John Doe (correct). No further action required bycounsel. cc: COR (SLG)
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Filing 10
NOTICE OF FILING by Ava Dimitt, James Dimitt Affidavits (Attachments: #1 Affidavit Ava Dimitt, #2 Affidavit James Dimitt, #3 Exhibit A-Letter dated 7/26/21 from StateFarm , #4 Exhibit B-Letter dated 7/8/21 from Donan, #5 Exhibit C-Letter dated 9/29/21 from Donan, #6 Exhibit D-Letter dated 10/1/21 from StateFarm, #7 Exhibit E-StateFarm Homeowners Policy, #8 Exhibit F-Letter dated 7/15/22 from Cole Engineering Solutions, #9 Exhibit G-Letter dated 10/17/22 from BMT&T, #10 Exhibit H-Letter dated 11/1/22 from StateFarm, #11 Exhibit I-StateFarm Homeowners Policy)(Blankenship, Randy) Modified on 5/30/2023 (SLG).
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Filing 9
RESPONSE in Opposition re #5 MOTION to Dismiss by State Farm Fire and Casualty filed by Ava Dimitt, James Dimitt. (Blankenship, Randy)
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***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #7 FIRST MOTION for Extension of Time by Ava Dimitt, James Dimitt (ECO)
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Filing 8
NOTICE OF FILING by Ava Dimitt, James Dimitt re #7 FIRST MOTION for Extension of Time by Ava Dimitt, James Dimitt (Attachments: #1 Proposed Order Granting Motion)(Blankenship, Randy)
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NOTICE OF DEFICIENCY TO Randy Blankenship re #7 FIRST UNOPPOSED MOTION for Extension of Time by Ava Dimitt, James Dimitt; attorney failed to submit a [proposed order] as an electronic attachment to themotion. Entry by attorney; within 7 calendar days, prepare adocument entitled Notice of Filing, file the Notice using the event Notice ofFiling, attach the proposed order, and create a link to the related docket entry. cc: COR (SLG)
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Filing 7
FIRST UNOPPOSED MOTION for Extension of Time by Ava Dimitt, James Dimitt Motions referred to Candace J. Smith. (Blankenship, Randy) Modified text on 5/19/2023 (SLG). (Additional attachment(s) added on 5/22/2023: #1 Proposed Order) (ECO).
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Filing 6
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS,OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT by State Farm Fire and Casualty re #5 MOTION to Dismiss by State Farm Fire and Casualty. (SLG)
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Filing 5
DEFENDANT'S MOTION to DISMISS, OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT by State Farm Fire and Casualty. (Attachments: #1 Proposed Order)(SLG)
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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
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Filing 3
FRCP 7.1 DISCLOSURE STATEMENT by State Farm Fire and Casualty identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire and Casualty. (Attachments: #1 Rule 7.1(a)(2)Disclosure)(SLG)
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Filing 1
NOTICE OF REMOVAL from Grant County Circuit Court, case number 23-CI-00111. (Filing fee $402; receipt number AKYEDC-5543527), filed by State Farm Fire and Casualty. (Attachments: #1 State Court Complaint, #2 State Court File, #3 State Court Return Receipt of Summons, #4 Exhibit A-Motion to Dismiss, #5 Exhibit B-Motion to Dismiss, #6 Civil Cover Sheet)(SLG)
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Conflict Check run. (SLG)
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NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Laura Fayth Disney: It appears the address listed on your filing #1 Notice of Removal, is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (SLG)
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