In Re: Matter of Joanne Bennett
| In Re: Matter of Joanne Bennett |
| MBS Marina, LLC, Campbell County Fiscal Court and GEICO Marine Insurance Company |
| O'Rourke Wrecking Company |
| 2:2023cv00137 |
| October 4, 2023 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| Candace J Smith |
| Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 50 ENTRY OF DEFAULT: 1) Plaintiff's motion for default #47 is GRANTED. 2) Default is entered against all non-claiming parties having an interest in this matter who have not yet appeared and with respect to all non-asserted claims arising from or in connection with a loss that occurred on board the plaintiffs vessel, M/V UNNAMED, on 12/30/2022, as described more fully in the Verified Complaint.Signed by Judge Danny C. Reeves on 12/1/2023. (TJG)cc: COR |
| ***MOTION SUBMITTED TO CHAMBERS of Robert R.Carr for review: re #47 PLAINTIFF'S MOTION for ENTRY OF DEFAULT by In Re: Matter of Joanne Bennett(Executor of the ESTATE OF LONNIE BENNETT, as owner of the M/V UNNAMED, a 1992 Gibson Houseboat 47, for Exoneration from or Limitation of Liability) (SLG) |
Filing 48
SCHEDULING ORDER: (1) Within 14 days, 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. (2) The parties are directed to complete designation of expert testimony (including complete answers to expert interrogatories and/or completion of Rule 26 expert materials if required) with regard to issues upon which a party has the burden of proof no later than May 3, 2024. No later than June 3, 2024, the parties are directed to complete designation of expert testimony. (3) Supplementation under Rule 26(e) shall be due within thirty (30) days of the discovery of new information, but by no later than thirty (30) days prior to the close of discovery. (4) No later than August 3, 2024, the parties must complete all discovery (with discovery requests served in a manner calculated for responses compliant with this deadline). (5) Pursuant to 28 U.S.C. 636(b)(1)(A), all discovery disputes are referred to the United States Magistrate Judge pursuant to standing orders of the Court. (6) All motions for extensions of time shall be referred to the undersigned for disposition. The parties are advised in advance that such motions are not favored and must be accompanied by a memorandum and affidavit of counsel outlining sufficient grounds for granting the relief sought. (7) The parties may not, by agreement, extend any of the deadlines set forth in this Scheduling Order. (8) The parties must file any motion to amend pleadings and/or to join additional parties on or before January 2, 2024. (9) No later than September 3, 2024, the parties must file all dispositive motions and Daubert motions. (10) This action is assigned for a trial, on Tuesday, January 21, 2025, 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. (11) The parties may request a pretrial conference at a later date if desired. (12) The parties are directed to file a joint status report the first Monday of each month. (13) The parties are directed to use the services of a private mediator in the event they seek to mediate their dispute. Signed by Chief Judge Danny C. Reeves on 11/17/2023.(SLG)cc: COR
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| Magistrate Judge Candace J. Smith added. (SLG) |
| Filing 47 PLAINTIFF'S MOTION for ENTRY OF DEFAULT by In Re: Matter of Joanne Bennett(Executor of the ESTATE OF LONNIE BENNETT, as owner of the M/V UNNAMED, a 1992 Gibson Houseboat 47, for Exoneration from or Limitation of Liability) (Attachments: #1 Memorandum in Support Memorandum In Support Of Entry of Default, #2 Exhibit Exhibit A - Affidavit of Publication, #3 Proposed Order Exhibit B - Proposed Order)(Smith, David) Modified text on 11/27/2023 (SLG). |
| Filing 46 JOINT REPORT of Rule 26(f) Planning Meeting. (Smith, David) |
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Filing 45
ORDER: 1) Defendant's motion to withdraw counsel #43 is GRANTED. Attorneys Gene Price and William Crouse are removed as counsel for Defendant GEICO. 2) Plaintiff's motion for pro hac admission of attorney David Smith #44 is GRANTED. Signed by Judge Danny C. Reeves on 11/6/2023.(TJG)cc: COR, David S. Smith via US Mail
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| BAR STATUS Check completed as to David S. Smith re #44 MOTION for David S. Smith to Appear Pro Hac Vice by In Re: Matter of Joanne Bennett (Filing fee $125; receipt number AKYEDC-5689959). (SLG) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to David S. Smith: re #45 Order. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to David S. Smith (TJG) |
| ***MOTION SUBMITTED TO CHAMBERS of Danny C. Reeves for review: re #44 MOTION for David S. Smith to Appear Pro Hac Vice by In Re: Matter of Joanne Bennett ( Filing fee $125; receipt number AKYEDC-5689959), #43 MOTION to Withdraw as Attorney by GEICO Marine Insurance Company (SLG) |
| Filing 44 MOTION for David S. Smith to Appear Pro Hac Vice by In Re: Matter of Joanne Bennett ( Filing fee $125; receipt number AKYEDC-5689959) (Attachments: #1 Affidavit Exhibit 1 - Affidavit of David Smith, #2 Proposed Order Order for Admission Pro Hac Vice)(Richardson, Melissa) |
| Filing 43 MOTION to Withdraw as Attorney by GEICO Marine Insurance Company (Attachments: #1 Proposed Order)(Price, Gene) |
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Filing 42
ORDER: Motion for attorney Shari L. Friedman to appear pro hac vice #39 is GRANTED. Signed by Judge Danny C. Reeves on 11/3/2023. (TJG)cc: COR
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Filing 41
ORDER: Motion for attorney Margaret L. MacNair to appear pro hac vice #40 is GRANTED. Signed by Judge Danny C. Reeves on 11/3/2023. (TJG)cc: COR
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| Filing 40 MOTION for Margaret L. MacNair to Appear Pro Hac Vice by GEICO Marine Insurance Company ( Filing fee $125; receipt number AKYEDC-5689381) (Attachments: #1 Affidavit to Motion for Pro Hac Vice, #2 Attachment Certificate of Good Standing, #3 Proposed Order on Motion for Pro Hac Vice)(Zipperle, Gene) |
| Filing 39 MOTION for Shari L. Friedman to Appear Pro Hac Vice by GEICO Marine Insurance Company ( Filing fee $125; receipt number AKYEDC-5689374) (Attachments: #1 Affidavit to Motion for Pro Hac Vice, #2 Attachment Certificate of Good Standing, #3 Proposed Order on Motion for Pro Hac Vice)(Zipperle, Gene) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Shari L. Friedman: re #42 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Shari L. Friedman (TJG) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Margaret L. MacNair: re #41 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Margaret L. MacNair (TJG) |
| BAR STATUS Check completed re #40 MOTION for Margaret L. MacNair to Appear Pro Hac Vice by GEICO Marine Insurance Company ( Filing fee $125; receipt number AKYEDC-5689381), #39 MOTION for Shari L. Friedman to Appear Pro Hac Vice by GEICO Marine Insurance Company ( Filing fee $125; receipt number AKYEDC-5689374). (TJG) |
| ***MOTION SUBMITTED TO CHAMBERS of Danny C. Reeves for review: re #40 MOTION for Margaret L. MacNair to Appear Pro Hac Vice by GEICO Marine Insurance Company ( Filing fee $125; receipt number AKYEDC-5689381), #39 MOTION for Shari L. Friedman to Appear Pro Hac Vice by GEICO Marine Insurance Company ( Filing fee $125; receipt number AKYEDC-5689374) (TJG) |
| Filing 38 NOTICE of Appearance by Gene F. Zipperle, Jr on behalf of GEICO Marine Insurance Company (Zipperle, Gene) |
| Filing 37 NOTICE of Appearance by Adam Joseph Hill on behalf of Campbell County Fiscal Court (Hill, Adam) |
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Filing 36
ORDER FOR MEETING AND REPORT: 1. Within thirty (30) days, 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. Within 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: (see a-i) Signed by Chief Judge Danny C. Reeves on 10/19/2023.(SLG)cc: COR (Additional attachment(s) added on 10/19/2023: #1 MJ Consent Form) (SLG).
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| Filing 35 DENIAL OF ENTRY OF CLERKS DEFAULT: based upon the foregoing, the plaintiffs Application for Entry of Clerks Default Pursuant to Rule F(5) of the Supplemental Rules for Certain Admiralty and Maritime Claims #20 is DENIED without prejudice.Signed by Robert R. Carr, Clerk on 10/19/2023. (SLG)cc: COR |
| ***MOTION SUBMITTED TO CHAMBERS of Robert R. Carr for review: re #20 MOTION Application for Entry of Clerk's Default (TJZ) |
| Filing 33 CASE TRANSFERRED IN from District of Kentucky Western. Case number 3:23-cv-00210. Original file, certified copy of transfer order and docket sheet received. |
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Filing 32
ORDER signed by Judge Claria Horn Boom on 10/4/23; granting #23 Proposed Agreed Order; granting #14 Motion to Transfer Case re #23 Proposed Agreed Order Transferring Venue to USDC EDKY at Covington, #14 MOTION to Transfer Case . The Application for Entry of Clerk's Default Pursuant to Rule F(5) of the Supplemental Rules for Certain Admiralty and Maritime Claims [R. #20 ] REMAINS pending. This case is TRANSFERRED to the United States District Court for the Eastern District of Kentucky at Covington. All further filings shall be made with that court. cc: Counsel, ED/KY(DJT) [Transferred from kywd on 10/4/2023.]
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| Conflict Check run. (TJZ) |
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Filing 31
ORDER GRANTING AMENDED NOTICE OF WITHDRAWAL AS COUNSEL by Judge Claria Horn Boom on 8/23/23: IT IS HEREBY ORDERED that Attorney Steven M. Crawford's Amended Notice of Withdrawal as Counsel [R. #30 ] is GRANTED. Mr. Crawford is hereby WITHDRAWN as counsel for Defendant Geico Marine Insurance Company. cc:counsel (DJT) [Transferred from kywd on 10/4/2023.]
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| Filing 30 NOTICE Amended Notice of Withdraw of Counsel by Geico Marine Insurance Company (Price, Gene) [Transferred from kywd on 10/4/2023.] |
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Filing 29
ORDER REGARDING NOTICE OF WITHDRAWAL AS COUNSEL by Judge Claria Horn Boom on 8/22/23: Counsel SHALL file a Notice of Withdrawal that complies with L.R. 83.6 by 8/25/2023. cc: Counsel (DJT) [Transferred from kywd on 10/4/2023.]
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| Filing 28 NOTICE of Withdrawal of Counsel by Geico Marine Insurance Company (Price, Gene) [Transferred from kywd on 10/4/2023.] |
| Filing 27 ANSWER to Complaint of claim filed by Geico Marine Insurance Company by In Re: Matter of Joanne Bennett. (Richardson, Melissa) [Transferred from kywd on 10/4/2023.] |
| Filing 26 Bennett's ANSWER to #13 Answer to Complaint, Counterclaim ORourke Wrecking Company by In Re: Matter of Joanne Bennett. (Richardson, Melissa) [Transferred from kywd on 10/4/2023.] |
| Filing 25 Bennett's ANSWER to #12 Answer to Complaint, Counterclaim MBS Marina LLC by In Re: Matter of Joanne Bennett. (Richardson, Melissa) [Transferred from kywd on 10/4/2023.] |
| Filing 24 Bennett's ANSWER to #11 Answer to Complaint, Counterclaim Campbell County Fiscal Court by In Re: Matter of Joanne Bennett. (Richardson, Melissa) [Transferred from kywd on 10/4/2023.] |
| Filing 23 Proposed Agreed Order Transferring Venue to USDC EDKY at Covington by MBS Marina, LLC, O'Rourke Wrecking Company. (Mando, Jeffrey) [Transferred from kywd on 10/4/2023.] |
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Filing 22
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF WILLIAM E. CROUSE signed by Judge Claria Horn Boom on 7/10/23; granting #21 Motion to Appear Pro Hac Vice. cc: Counsel, QC(DJT) [Transferred from kywd on 10/4/2023.]
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| Filing 21 MOTION for William E. Crouse to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3834564. by Defendant Geico Marine Insurance Company (Attachments: #1 Exhibit A - Certificate Of Good Standing, #2 Exhibit B - Affidavit, #3 Proposed Order) (Price, Gene) [Transferred from kywd on 10/4/2023.] |
| Filing 20 MOTION Application for Entry of Clerk's Default by Counter Defendants In Re: Matter of Joanne Bennett, In Re: Matter of Joanne Bennett, In Re: Matter of Joanne Bennett, Plaintiff In Re: Matter of Joanne Bennett (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Motion for Entry of Clerk's Default, #2 Exhibit Memorandum Exhibit A - Report of Claims, #3 Exhibit Memorandum Exhibit B - Proposed Clerk's Entry of Default) (Richardson, Melissa) [Transferred from kywd on 10/4/2023.] |
| Filing 19 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent National Indemnity Company, Corporate Parent GEICO Corporation, Corporate Parent Berkshire Hathaway Inc., Corporate Parent Boat America Corporation for Geico Marine Insurance Company. (DJT) [Transferred from kywd on 10/4/2023.] |
| Filing 18 NOTICE of filing proposed order by MBS Marina, LLC, O'Rourke Wrecking Company re #14 MOTION to Transfer Case (Attachments: #1 Proposed Order) (Mando, Jeffrey) [Transferred from kywd on 10/4/2023.] |
| Filing 16 NOTICE of Deficiency to Attorney Jeffrey C. Mando re #14 Motion to Transfer Case. Reason for Deficiency: No Proposed Order. Failure to comply will be brought to the attention of the Court. Response due by 6/28/2023. (RLK) [Transferred from kywd on 10/4/2023.] |
| Filing 17 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Boat America Corporation, GEICO Corporation, National Indemnity Company, and Berkshire Hathaway Inc., for Geico Marine Insurance Company. (Docketed by Clerk. Corporate Disclosure Statement was filed by counsel as an attachment to the Answer filed at #15 .) (RLK) [Transferred from kywd on 10/4/2023.] |
| Filing 15 ANSWER to #1 Complaint by Geico Marine Insurance Company. (Attachments: #1 Appendix 7.1 Corporate Disclosure) (Crawford, Steven) [Transferred from kywd on 10/4/2023.] |
| Filing 14 MOTION to Transfer Case by Counter Claimants MBS Marina, LLC, O'Rourke Wrecking Company, Defendants MBS Marina, LLC, O'Rourke Wrecking Company (Mando, Jeffrey) (Additional attachment(s) added on 6/16/2023: #1 Memorandum in Support) (RLK). Modified on 6/16/2023: Clerk attached the Memo in Support, which was filed by counsel as one document with the Motion, as an attachment (RLK). (Additional attachment(s) added on 6/23/2023: #2 Proposed Order) (RLK). [Transferred from kywd on 10/4/2023.] |
| Filing 13 ANSWER to #1 Complaint , COUNTERCLAIM against All Plaintiffs by O'Rourke Wrecking Company. (Mando, Jeffrey) [Transferred from kywd on 10/4/2023.] |
| Filing 12 ANSWER to #1 Complaint , COUNTERCLAIM against In Re: Matter of Joanne Bennett by MBS Marina, LLC. (Mando, Jeffrey) [Transferred from kywd on 10/4/2023.] |
| Filing 11 ANSWER to #1 Complaint , COUNTERCLAIM against In Re: Matter of Joanne Bennett by Campbell County Fiscal Court. (Attachments: #1 Exhibit, #2 Exhibit) (Edmondson, Alexander) [Transferred from kywd on 10/4/2023.] |
| Filing 10 NOTICE of Appearance by Jeffrey C. Mando on behalf of MBS Marina, LLC, O'Rourke Wrecking Company (Mando, Jeffrey) [Transferred from kywd on 10/4/2023.] |
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Filing 9
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF DAVID S. SMITH signed by Judge Claria Horn Boom on 5/9/23; granting #8 Motion to Appear Pro Hac Vice as David S. Smith. cc: Counsel(DJT) [Transferred from kywd on 10/4/2023.]
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| Filing 8 MOTION for David S. Smith to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3801190. by In Re In Re: Matter of Joanne Bennett (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit David Smith, #3 Proposed Order for Admission Pro Hac Vice) (Richardson, Melissa) [Transferred from kywd on 10/4/2023.] |
| Filing 7 ATTORNEY NOTICE of Deficiency to David Smith re #1 Complaint.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 5/18/2023. (KJA) [Transferred from kywd on 10/4/2023.] |
| Filing 6 NOTICE OF COMPLAINT FOR EXONERATION FROM OR LIMITATION OFLIABILITY. (DJT) [Transferred from kywd on 10/4/2023.] |
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Filing 5
ORDER RESTRAINING SUITS, APPROVING PLAINTIFFS VALUATION OPINION AND DEPOSIT OF SECURITY, AND DIRECTING ISSUE OF NOTICE AND THE FILING OF CLAIMS signed by Judge Claria Horn Boom on 4/26/23. cc: Counsel(DJT) [Transferred from kywd on 10/4/2023.]
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| Filing 4 Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (CDL) [Transferred from kywd on 10/4/2023.] |
| Filing 3 PLAINTIFFS MOTION FOR ORDER DIRECTING ISSUANCE OF NOTICE AND RESTRAINING SUITS re #1 Complaint by Plaintiff Joanne Bennett. (Attachments: #1 Proposed Order) (CDL) (Additional attachment(s) added on 4/26/2023: #2 Notice of Complaint for Exoneration from or Limitation of Liability) (JM). [Transferred from kywd on 10/4/2023.] |
| Filing 2 TENDERED NOTICE OF COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY by Joanne Bennett re #1 Complaint. (CDL) Modified on 4/26/2023- to state in the docket text, "tendered". *this notice has also been attached to DN #3 (JM). [Transferred from kywd on 10/4/2023.] |
| Filing 1 VERIFIED COMPLAINT, (Filing fee $402, receipt number AKYWDC-3794808), filed by Joanne Bennett. (Attachments: #1 Cover Sheet) (CDL) [Transferred from kywd on 10/4/2023.] |
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