Hornsby v. Brogan et al
| Melissa A. Hornsby |
| Keith P. Brogan and Alicia Brogan |
| 2:2023cv00157 |
| November 14, 2023 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| Candace J Smith |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
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***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #11 MOTION to Dismiss for Lack of Jurisdiction by Alicia Brogan, Keith P. Brogan (SLG)
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Filing 25
REPLY to #11 filed by Alicia Brogan, Keith P. Brogan. (Byrne, Mark)
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #10 MOTION to Remand by Melissa A. Hornsby . (SLG)
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Filing 24
REPLY to #10 Motion to Remand filed by Melissa A. Hornsby. (Taylor, Steven)
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Filing 23
PLAINTIFF'S RESPONSE re #11 MOTION to Dismiss for Lack of Jurisdiction by Alicia Brogan, Keith P. Brogan filed by Melissa A. Hornsby. (SLG)
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Filing 22
ORDER: the Court finds that Plaintiffs Motion is well taken and is hereby GRANTED. The filing inadvertently labeled as "Plaintiffs Reply in Support of Motion to Remand" 18 is hereby stricken from the record, and the Clerk is directed to file the Response attached to the instant Motion (Doc.# 21-2) as a Response to Defendants' Motion to Dismiss #11 . Signed by Judge David L. Bunning on 12/15/2023.(SLG)cc: COR
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Filing 21
MOTION to Strike #20 Response in Opposition to Motion by Melissa A. Hornsby , MOTION for Leave to File by Melissa A. Hornsby Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support, #2 Attachment Response to Motion to Dismiss, #3 Proposed Order)(Taylor, Steven)
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Filing 20
RESPONSE in Opposition re #10 MOTION to Remand by Melissa A. Hornsby filed by Alicia Brogan, Keith P. Brogan. (Byrne, Mark)
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Filing 19
ORDER: Defendants' Motion to Extend #17 is hereby GRANTED and the date by which Defendants shall respond to Plaintiffs Motion to Remand and the Court's November 28, 2023 Order is extended to December 11, 2023.Signed by Magistrate Judge Candace J. Smith on 12/11/2023. (SLG)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #17 MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Remand by Melissa A. Hornsby , #14 Order,, by Alicia Brogan, Keith P. Brogan (SLG)
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Filing 17
MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Remand by Melissa A. Hornsby , #14 Order,, by Alicia Brogan, Keith P. Brogan Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Byrne, Mark)
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Filing 16
FRCP 7.1 DISCLOSURE STATEMENT by Alicia Brogan, Keith P. Brogan. (Byrne, Mark)
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Filing 15
FRCP 7.1 DISCLOSURE STATEMENT by Melissa A. Hornsby. (Taylor, Steven)
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Filing 14
ORDER: 1. If Defendants file a response by the December 8 deadline opposing Plaintiffs Motion to Remand #10 , in addition to addressing the arguments in that Motion, Defendants shall also address the Courts additional concerns, namely, the amount in controversy with respect to the claims against each Defendant individually, the domestic relations exception to subject matter jurisdiction, and the propriety of abstention under the circumstances. 2. Also by December 8, Plaintiff shall file a Disclosure Statement that complies with Rule 7.1(a)(2) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Candace J. Smith on 11/28/2023.(SLG)cc: COR
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Filing 13
VIRTUAL ORDER: granting #12 MOTION for Kathleen R. Byrne to Appear Pro Hac Vice on behalf of Defendants Keith P. Brogan and Alicia Brogan, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 11/22/2023. (TJG)cc: COR
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Kathleen R. Byrne: re 13 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 Kathleen R. Byrne (TJG)
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #12 MOTION for Kathleen R. Byrne to Appear Pro Hac Vice by Alicia Brogan, Keith P. Brogan ( Filing fee $125; receipt number AKYEDC-5701295) (SLG)
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BAR STATUS Check completed as to Kathleen R. Byrne re #12 MOTION for Kathleen R. Byrne to Appear Pro Hac Vice by Alicia Brogan, Keith P. Brogan ( Filing fee $125; receipt number AKYEDC-5701295). (SLG)
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Filing 12
MOTION for Kathleen R. Byrne to Appear Pro Hac Vice by Alicia Brogan, Keith P. Brogan ( Filing fee $125; receipt number AKYEDC-5701295)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit of Kathleen R. Byrne, #2 Proposed Order)(Byrne, Mark)
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Filing 11
MOTION to Dismiss for Lack of Jurisdiction by Alicia Brogan, Keith P. Brogan (Attachments: #1 Exhibit 1 - Declaration of Keith Brogan, #2 Exhibit 2 - Declaration of Alicia Brogan, #3 Proposed Order)(Byrne, Mark)
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Filing 10
MOTION to Remand by Melissa A. Hornsby (Attachments: #1 Memorandum in Support, #2 Exhibit 1: Affidavit of Melissa Hornsby, #3 Exhibit 2. 10-25-2023 Order, #4 Exhibit 3. Agreed Injunction, #5 Proposed Order)(Taylor, Steven)
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Filing 9
ORDER: (1) Plaintiff's Motion for Default Judgment (Doc. # 1-1 at 24) is denied as procedurally moot; and (2) Plaintiff's Motion for Temporary Restraining Order (Doc. # 1-1 at 15) is denied without prejudice. Plaintiff is permitted to file a new motion within seven (7) days of the entry of this Order. Signed by Judge David L. Bunning on 11/16/2023. (TDB)cc: COR
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Filing 8
VIRTUAL ORDER: granting #6 MOTION for Mark J. Byrne to Appear Pro Hac Vice as co-counsel on behalf of Defendants Keith P. Brogan and Alicia Brogan, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 11/16/2023. (TDB)cc: COR
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NOTICE OF DOCKET MODIFICATION TO Mark J. Byrne re #7 Notice of Additional Document; 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 7
NOTICE OF ADDITIONAL DOCUMENT by Alicia Brogan, Keith P. Brogan re #1 Notice of Removal, (Attachments: #1 Exhibit A-Campbell County Circuit Court Affidavit)(Byrne, Mark) Modified text on 11/16/2023 (SLG).
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Filing 6
MOTION for Mark J. Byrne to Appear Pro Hac Vice by Alicia Brogan, Keith P. Brogan ( Filing fee $125; receipt number AKYEDC-5697872)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit, #2 Proposed Order)(Byrne, Mark)
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BAR STATUS Check completed re #6 MOTION for Mark J. Byrne to Appear Pro Hac Vice by Alicia Brogan, Keith P. Brogan ( Filing fee $125; receipt number AKYEDC-5697872). (TJG)
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #6 MOTION for Mark J. Byrne to Appear Pro Hac Vice by Alicia Brogan, Keith P. Brogan ( Filing fee $125; receipt number AKYEDC-5697872) (TJG)
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Filing 5
NOTICE TO ATTORNEY Kathleen R. Byrne by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 Rule 83.1, #2 Rule 83.2)(TJG)
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Filing 4
NOTICE TO ATTORNEY Mark J. Byrne by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 Rule 83.1, #2 Rule 83.2)(TJG)
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Filing 3
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.(TJG)cc: COR
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Filing 1
NOTICE OF REMOVAL from Campbell Circuit Court, case number 23-CI-00907. ( Filing fee $402; receipt number AKYEDC-5697221), filed by Keith P. Brogan, Alicia Brogan. (Attachments: #1 State Court Record, #2 Notice of filing NOR, #3 Civil Cover Sheet)(TJG)
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MOTION for Default Judgment by Melissa A. Hornsby, filed as part of state court record [1-1]. (TJG)
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MOTION for Temporary Restraining Order and Injuction by Melissa A. Hornsby, filed as part of state court record, [1-1] (TJG)
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NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Mark J. Byrne: 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 (TJG)
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***MOTION SUBMITTED TO CHAMBERS of David L Bunning for review: re MOTION for Temporary Restraining Order by Melissa A. Hornsby, MOTION for Default Judgment by Melissa A. Hornsby (TJG)
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Conflict Check run. (TJG)
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