Girmann v. Celebration Riverboat Company, LLC et al
| Charles Girmann and Mary Girmann |
| Celebration Riverboat Company, LLC and Capt. Joseph Baer |
| 2:2023cv00071 |
| May 25, 2023 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| P SO |
| Rent Lease & Ejectment |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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Filing 19
ORDER: that, pursuant to the Court's Order at Record #15 , this matter is DISMISSED and STRICKEN from the docket. The Court retains limited jurisdiction for purposes of enforcing the Order awarding attorney fees and costs at Record No. 18. Signed by Chief Judge Danny C. Reeves on 7/5/2023.(TDB)cc: COR and Joseph Baer by US Mail
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Filing 18
ORDER: Within 30 days, Defendants Celebration Riverboat Company, LLC and Captain Joseph Baer are DIRECTED to pay for Plaintiffs Charles Girmann and Mary Girmann's attorney fees and costs in the amount of $2,902.50. The defendants are JOINTLY and SEVERALLY LIABLE for payment of these fees. The award shall be made payable to David A. Schulenberg. Signed by Judge Danny C. Reeves on 6/26/2023.(TJZ)cc: COR, Capt. Joseph Baer via US Mail. Modified text on 6/26/2023 (TJZ).
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| ***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review: #16 Notice of Filing Affidavit of Counsel in Support of Attorney's Fees; #17 Affidavit of David A. Schulenberg; re #15 Memorandum Order (ECO) |
| Filing 17 AFFIDAVIT re #16 Notice of Filing Affidavit of David A. Schulenberg by Charles Girmann, Mary Girmann. (Schulenberg, David) |
| Filing 16 NOTICE OF FILING Affidavit of Counsel in Support of Attorney's Fees by Charles Girmann, Mary Girmann (Schulenberg, David) Modified text to better describe document on 6/13/2023 (ECO). |
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Filing 15
MEMORANDUM ORDER: 1. Defendant Captain Joseph Baer's stipulation of dismissal, docketed as a motion [Record No. #13 ] is DENIED.2. Plaintiffs Charles Girmann and Mary Girmann's motion to remand [Record No. #14 ] is GRANTED. This matter is REMANDED to Kenton County District Court for further substantive proceedings. 3. The plaintiffs' motion to award costs and attorney fees [Record No. #14 ] is PROVISIONALLY GRANTED. On or before Tuesday, June 13, 2023, counsel for the plaintiffs is directed to tender an affidavit setting forth reasonable costs and attorney fees incurred in litigating the removal of this matter. The defendants may file a response to the request for costs and attorney fees on or before Tuesday, June 20, 2023. Upon filing of the defendants' response or the expiration of the time within which to file same, the matter will stand submitted to the Court. Signed by Judge Danny C. Reeves on 6/6/2023.(ECO)cc: CORand Capt. Joseph Baer by US Mail; Copy of Order and Docket Sheet mailed to Kenton County District Court.
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| NOTICE OF DOCKET MODIFICATION TO David Schulenberg re #14 MOTION to Remand to State Court; Error: This motion requests 2 forms of relief and only oneform of relief was selected; Entry by attorney; Clerk added the motion reliefrequested. In the future, when filing a motion with multiple reliefs, select amotion relief for each relief requested, so all motions will appear on theJudge's motion report. No further action required by counsel. cc: COR (ECO) |
| Filing 14 MOTION to Remand to State Court and Motion for Costs and Attorney Fees by Charles Girmann, Mary Girmann (Attachments: #1 Exhibit Lease, #2 Exhibit Emails, #3 Proposed Order Proposed Order)(Schulenberg, David). Added MOTION for Attorney Fees and Costs on 6/6/2023 (ECO). |
| Filing 13 PROPOSED Agreed Stipulation of Dismissal pursuant to FRCP 41(a)(1)(A)(i) by Joseph Baer (ECO) Modified text to better describe on 6/5/2023 (ECO). |
| ***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review: re #13 Proposed Agreed Stipulation of Dismissal (ECO) |
| Filing 12 FRCP 7.1 DISCLOSURE STATEMENT by Celebration Riverboat Company, LLC. (Winter, Robert) |
| Filing 11 NOTICE OF APPEARANCE by Charles Girmann, Mary Girmann. (Schulenberg, David) |
| Filing 10 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Robert Winter. #8 NOTICE OF APPEARANCE has been filed by Celebration Riverboat Company, LLC 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 (ECO) |
| Filing 9 NOTICE by Celebration Riverboat Company, LLC of Consent to Removal (Supplemental) (Winter, Robert) |
| Filing 8 NOTICE OF APPEARANCE by Celebration Riverboat Company, LLC. (Winter, Robert) |
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Filing 7
ORDER: 1. Celebration, through counsel, is directed to file a substituted certificate as directed above within three (3) business days. 2. The plaintiffs and defendants are directed to file a response to the matters raised in this Order as set forth above on or before June 5, 2023. 3. Failure to file a timely and substantive response may result in immediate entry of an Order remanding this action to the Kenton District Court. Signed by Judge Danny C. Reeves on 5/26/2023. (ECO) cc: COR and Capt. Joseph Baer, pro se by US Mail
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| Filing 6 NOTICE by Celebration Riverboat Company, LLC of Consent to Removal (Winter, Robert) |
| Filing 5 NOTICE OF APPEARANCE by Celebration Riverboat Company, LLC. (Winter, Robert) |
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Filing 4
STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions. Signed by Judge Karen K. Caldwell on 5/6/2016.(ECO)cc: CORand Joseph Baer by US Mail
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| Filing 3 IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption Page)(ECO) |
| Filing 1 NOTICE OF REMOVAL from Kenton District Court, case number 23-C-01399. ( Filing fee $402; receipt number 200000684), filed by Joseph Baer, Celebration Riverboat Company, LLC. (Attachments: #1 State Court Record A-Eviction Documents, #2 B-Notice of State Court Removal of Civil Action, #3 Receipt Civil Filing Fee-Non-Prisoner)(ECO) |
| Conflict Check run. (ECO) |
| ***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Notice of Removal, (ECO) |
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