Doe v. Poppell et al
| Jane Doe |
| Sarah Poppell and Seven Hills Therapy, LTD. |
| 2:2023cv00098 |
| July 31, 2023 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| Candace J Smith |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Medical Malpractice |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #19 UNOPPOSED MOTION for Extension of Time to File Response/Reply by Jane Doe (TJZ) |
| Filing 19 UNOPPOSED MOTION for Extension of Time to File Response/Reply by Jane Doe Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Flottman, Augustus) |
Filing 18
SCHEDULING ORDER: Rule 26(a)(1) Initial Disclosures on or before October 6, 2023. Motion to Join Parties/Amend Pleadings on or before June 30, 2024. Lay Witness Disclosures on or before April 1, 2024. Rule 26(e) Supplements on or before June 28, 2024. Fact Discovery on or before June 28, 2024. Rule 26(a)(2) Expert Witness Disclosures and Reports: Deadline for Plaintiff on or before July 12, 2024; Deadline for Defendant on or before September 13, 2024; Rebuttal Experts on or before October 14, 2024; These reports should not be filed in the Court record. Expert Discovery on or before December 20, 2024. Status Report on or before December 20, 2024 (close of discovery). Dispositive or Daubert Motions on or before January 31, 2025. Copies of Memoranda A courtesy copy of briefs and memoranda in support of motions must be provided to Chambers within 48 hours of electronic filing. Signed by Judge David L. Bunning on 09/20/2023.(SLG)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #17 Joint Report of Rule 26(f) Planning Meeting. (SLG) |
| Filing 17 JOINT REPORT of Rule 26(f) Planning Meeting. (Flottman, Augustus) |
| Filing 16 RESPONSE to Motion re #12 MOTION for Protective Order by Jane Doe filed by Sarah Poppell, Seven Hills Therapy, LTD.. (Case, Bradley) |
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Filing 15
ORDER FOR MEETING AND REPORT: (1) Within twenty-one (21) days from the date of the entry of this Order, the parties, or, if represented by counsel, through their 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, and to develop a proposed discovery plan. See Fed. R. Civ. P. 26(f)(3). (2) Within ten (10) days after the meeting, the parties shall file a joint status report containing: (a) the proposed discovery plan; (b) the parties' estimate of the time necessary to file pretrial motions; (c) the parties' belief as to whether the matter is suitable for some form of alternative dispute resolution such as mediation; (d) the parties' estimate as to the probable length of trial; and (e) whether the parties will consent to the jurisdiction of the Magistrate Judge (Smith) 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 no later than the date counsels' joint status report is due. If all parties, by counsel, so consent, the Clerk of Court shall reassign this matter to the appropriate Magistrate Judge without the necessity of further order of the Court. L.R. 73.1(c). (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 Order. Signed by Judge David L. Bunning on 8/29/2023. (Attachments: #1 MJ Consent Form)(ECO)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of David L Bunning for review: #13 Answer to Complaint (TJZ) |
| Filing 14 FRCP 7.1 DISCLOSURE STATEMENT by Seven Hills Therapy, LTD.. (Case, Bradley) |
| Filing 13 ANSWER to #1 Complaint by Sarah Poppell, Seven Hills Therapy, LTD..(Case, Bradley) |
| Filing 12 MOTION for Protective Order by Jane Doe Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Proposed order)(Flottman, Augustus) |
| Filing 11 Summons Returned Executed by Jane Doe as to Seven Hills Therapy, LTD. served on 8/10/2023, answer due 8/31/2023. (Flottman, Augustus) |
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Filing 10
VIRTUAL ORDER: granting #7 MOTION for Augustus B. Flottman to Appear Pro Hac Vice as co-counsel for Plaintiff Jane Doe, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 8/9/2023. (TJZ)cc: COR
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Filing 9
VIRTUAL ORDER: granting #6 MOTION for Michael A. Roberts to Appear Pro Hac Vice as co-counsel for Plaintiff Jane Doe, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 8/9/2023. (TJZ)cc: COR
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| Filing 8 Summons Returned Executed by Jane Doe as to Sarah Poppell served on 8/6/2023, answer due 8/28/2023. (Smith, James) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #6 MOTION for Michael A. Roberts to Appear Pro Hac Vice by Jane Doe ( Filing fee $125; receipt number AKYEDC-5615683), #7 MOTION for Augustus B. Flottman to Appear Pro Hac Vice by Jane Doe ( Filing fee $125; receipt number AKYEDC-5615704) (TJZ) |
| BAR STATUS Check completed re #7 MOTION for Augustus B. Flottman to Appear Pro Hac Vice by Jane Doe ( Filing fee $125; receipt number AKYEDC-5615704), #6 MOTION for Michael A. Roberts to Appear Pro Hac Vice by Jane Doe ( Filing fee $125; receipt number AKYEDC-5615683). (TJZ) |
| Filing 7 MOTION for Augustus B. Flottman to Appear Pro Hac Vice by Jane Doe ( Filing fee $125; receipt number AKYEDC-5615704)Motions referred to Candace J. Smith. (Attachments: #1 Attachment Certificate of Good Standing, #2 Proposed Order Proposed order)(Smith, James) |
| Filing 6 MOTION for Michael A. Roberts to Appear Pro Hac Vice by Jane Doe ( Filing fee $125; receipt number AKYEDC-5615683)Motions referred to Candace J. Smith. (Attachments: #1 Attachment Certificate of Good Standing, #2 Proposed Order Proposed order)(Smith, James) |
| Filing 5 NOTICE TO ATTORNEY Agustus B. Flottman by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (ECO) |
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Filing 4
STANDING REFERRAL ORDER: 1. That this case be, and it is, hereby referred to the assigned United StatesMagistrate Judge at Covington to supervise discovery and pretrial proceedings. Unlessotherwise ordered by the Court, the case will revert back to the undersigned to hold thefinal pretrial conference and trial.2. That, in connection with such reference, the said Magistrate Judge isauthorized to conduct all pretrial and status conferences, to hold such hearings as may berequired, and to rule on nondispositive motions, pursuant to 28 U.S.C. 636(b)(1), exceptmotions in limine. See Brown v. Wesleys Quaker Maid, Inc., 771 F.2d 952 (6th Cir. 1985).Dispositive motions and motions in limine will be referred by the Clerk of this Court to theundersigned. Subject to other provisions of law, the final pretrial conference and trial willalso be before the undersigned, unless the parties agree to a trial by a Magistrate Judge,pursuant to 28 U.S.C. 636(c). 3. Discovery disputes shall be resolved in the following manner: (1) Partiesshall meet/or confer in an attempt to resolve disputes between themselves, without judicialintervention; (2) if the parties are unable to resolve such disputes informally, they shallattempt to resolve their disagreement by telephone conference with the Magistrate Judge;(3) if, and only if, the parties are unable to resolve their disputes after conference with theMagistrate Judge, they may file appropriate written motions with the Court. Written motionsregarding discovery shall include the certification required by Local Rule 37.1. Signed by Judge David L. Bunning on 1/13/2011.(ECO)cc: COR
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| NOTICE FOR ATTORNEY TO UPDATE ADDRESS to James Stephen Smith: It appears the address listed on your filing #1 Complaint 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 (ECO) |
| Filing 3 Summons Issued as to Sarah Poppell, Seven Hills Therapy, LTD. and returned to counsel electronically for service. (ECO) |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5614806), filed by Jane Doe. (Attachments: #1 Civil Cover Sheet, #2 Summons Sarah Poppell, #3 Summons Seven Hills Therapy, LTD.)(ECO) Modified date on 8/1/2023 (ECO). |
| Conflict Check run. (ECO) Modified date on 8/1/2023 (ECO). |
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