Dilts et al v. United Group Services, Inc et al
| Sandi Neace, Levi Nicholas Dilts, Rickie Dilts, Jr., Tina Dilts and Rebecca Lou Dilts |
| United Group Services, LLC, United Group Services, Inc., North American Stainless, Inc., Voest-Alpine Industries, Inc. and Maxim Crane Works, LP |
| North American Stainless, Inc., Voest-Alpine Industries, Inc., United Group Services, LLC and United Group Services, Inc. |
| North American Stainless, Inc. and Maxim Crane Works, LP |
| 3:2007cv00038 |
| June 14, 2007 |
| US District Court for the Eastern District of Kentucky |
| Frankfort Office |
| Carroll |
| Karen K. Caldwell |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| None |
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The following documents for this case are available for you to view or download:
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Filing
420
OPINION & ORDER: 1) The motion to dismiss the intervening complaint (DE 380 ) filed by theintervening plaintiff Employers Insurance is GRANTED and the intervening complaint filed byEmployers Insurance (DE 258 ) is hereby DISMISSED;2) The Plaintif fs' Motion to Revive Motion for Reconsideration of Loss of SpousalConsortium claim and Motion in Limine (DE 376 ) is GRANTED as follows:a) Tinna Dilts' Motion for Reconsideration of Order Dismissing Claim for Loss of SpousalConsortium (DE 301 ) is REVIVED and GRANTED;b) the portion of this Courts Opinion and Order dated September 22, 2008 (DE 137 )dismissing Tinna Dilts' claim for damages for loss of spousal consortium is VACATED. TheSeptember 22, 2008 Opinion and Order is otherwise undisturbed;c) Tinna Dilts' Motion in Limine (DE 336 ) is REVIVED and Maxim may respond to themotion as set forth in this Court's order dated October 1, 2013 (DE 387 ). Signed by Judge Karen K. Caldwell on 11/21/2013.(CBD)cc: COR
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Filing
366
OPINION AND ORDER: 1) the Plaintiffs' Motion for Recusal (DE 360 ) is DENIED; and2) if the Plaintiffs wish to respond to Maxim's Motion to Stay Proceedings (DE 364 ), they SHALL FILE any such response within 7 days of the entry date of this Order. If no such response is filed, the Court will assume that the Plaintiffs have no objection to the motion. Signed by Judge Karen K. Caldwell on 1/17/2013.(AKR)cc: COR Modified by correcting caption of pleading on 1/17/2013 (AKR).
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Filing
355
JUDGMENT: In accordance with the Court's prior opinions and orders entered in this matter, the Court hereby ORDERS and ADJUDGES as follows: 1) Judgement is entered in favor ofthe Defendants; 2) the Plaintiffs' Claims are DISMISSED; 3) all Intervening Complaints are DISMISSED; 4) all cross-claims between the Defendants are DISMISSED; 5) this matter is STRICKEN from the active docket ofthis Court; and 6) this Judgement is FINAL and APPEALABLE. Signed by Judge Karen K. Caldwell on 3/29/2010.(CBD)cc: COR, 6CCA
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Filing
352
OPINION & ORDER: 1) the Court will enter an order Dismissing as moot the cross- claims and the Intervening Complaint in this action unless a party files an objection by Friday, March 12, 2010; and 2) the Defendant Maxim Crane Works, L.P.s Objections to the Deposition Testimony Identified by Plaintiffs 349 is DENIED as moot.. Signed by Judge Karen K. Caldwell on 2/25/2010.(CBD)cc: COR
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Filing
350
ORDER: 1) Maxims Motion in Limine to Exclude Testimony of Expert Witness Stuart Nightenhelser 238 is GRANTED; 2) Maxims Motion for Summary Judgment 239 is GRANTED; 3) Maxims Motions to Exclude 337 , 338 , 339 , 340 certain evidence at the tr ial of this matter are DENIED as moot; and 4) the Plaintiffs Motion for Reconsideration 301 ; Motion to Continue further proceedings in this matter 321 ; and Motion in Limine 336 are DENIED as moot. Signed by Judge Karen K. Caldwell on 2/24/2010. Signed by Judge Karen K. Caldwell on 2/23/2010. (CBD)cc: COR
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Filing
324
OPINION & ORDER: Court hereby ORDERS that NASs Motion for Summary Judgment 231 is GRANTED; and NAS is DISMISSED as a party to this action. Signed by Judge Karen K. Caldwell on 2/5/2010. (CBD)cc: COR
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Filing
292
OPINION AND ORDER: 1) Diltss Motion for Sanctions against Defendant Maxim for Spoliation of Evidence 179 is DENIED; 2) Maxims Motion for Leave to File Surreply 204 is DENIED as moot; 3) Maxims Motion to Strike/Exclude the Expert Report and Testim ony of Gary Friend. P.E. 187 ; Motion for Hearing 197 ; and Motion to Exclude the Report and Testimony of Gary Friend, P.E. 236 are all DENIED and as moot. 4) Within ten days of the entry date of this Opinion and Order, all Defendants, including Defendant UGS, Inc,. SHALL produce to the Plaintiffs all photographs, videotape and DVD of the accident scene that have not been produced and SHALL specifically identify any photographs, videotape, and DVD shot from the roof. Signed by Judge Karen K. Caldwell on 9/28/2009.(CBD)cc: COR
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Filing
212
OPINION AND ORDER: 1) Maxims Motion for Summary Judgment 116 is DENIED;2) Tinna Dilts Motion for Leave to File Surreply 172 is GRANTED and the Clerk of the Court is DIRECTED to file the tendered Surreply in the record; and 3) Maxims Motion for Leave to File a 19-Page Reply 173 is GRANTED. Signed by Judge Karen K. Caldwell on 3/25/2009. (CBD)cc: COR
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Filing
158
OPINION & ORDER: that the Second Mtn for S/J [Rec. No. 98] by UGS, Inc. & the Mtn for Denial or Stay of Judgment to Permit Discovery [Rec. No. 119] are DENIED as moot. (Motions terminated: 98 SECOND MOTION for S/J, 119 MOTION to Stay ). Signed by Judge Karen K. Caldwell on 10/17/2008.(AKR)cc: COR
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Filing
137
OPINION & ORDER: 1) UGS, Inc.s Motion for Summary Judgment 54 is GRANTED in part and DENIED in part as follows: a) motion is DENIED as to the claims asserted against UGS, Inc. by Neace on behalf of the Collins estate;b) motion is GRANTED as to the claims asserted against UGS, Inc. by TinaDilts, both individually and as administrator of the Dilts Estate, and as to the claims asserted against UGS, Inc. by and on behalf of Dilts children andthose claims are hereby DISMISSED. 2) UGS, LLCs Motion t o Dismiss 65 is GRANTED in Part and DENIED in part as follows: a) The motion is DENIED as to the claims made against UGS, LLC by Tina Dilts, both individually and as administrator of the Dilts Estate, and the claims made by and on behalf of Dilts c hildren. b) The motion is GRANTED as the claims made against UGS, LLC by Sandi Neace as the administrator of the Collins estate and those claims are hereby DISMISSED; 3) The Motion for Judgment 72 on the Pleadings filed by Maxim and joined by UGS, LLC and NAS is GRANTED. Any claim by the Plaintiff Tina Dilts, individually, for damages for loss of spousal consortium is hereby DISMISSED and any claim by the Plaintiffs for damages for the emotional distress suffered by Dilts or Collins prior to the impact that caused their deaths is DISMISSED. Signed by Judge Karen K. Caldwell on 9/22/2008. (CBD)cc: COR
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