North American Stainless v. Great West Casualty Insurance Company et al
| North American Stainless |
| Great West Casualty Insurance Company, Trucking Logistics LLC, Great West Casualty Company and Trucking, Inc. |
| 3:2023cv00002 |
| January 6, 2023 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Gregory F VanTatenhove |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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Filing 19
ORDER: IT IS ORDERED that the motion to withdraw [R. #18 ] is GRANTED. Attorney Sean Whitt is permitted to withdraw as counsel for Plaintiff North American Stainless and is relieved of further responsibility in this action. Signed by Magistrate Judge Edward B. Atkins on 2/24/2023. (JJ)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #18 MOTION to Withdraw as Attorney by North American Stainless (CBD) |
| Filing 18 MOTION to Withdraw as Attorney by North American Stainless Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Withdraw)(Adams, Nathaniel) |
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Filing 16
ORDER: IT IS ORDERED that Plaintiff is granted leave to file its First Amended Complaint [R. #15 ]; Trucking, Inc., is hereby joined as a defendant in this action; Defendant Trucking Logistics, LLC is hereby dismissed from this action without prejudice; the Defendant Great West Casualty Insurance Company shall be known by its proper name of Great West Casualty Company, and Plaintiff's First Amended Complaint is deemed filed as presented in the Joint Motion to Amend Pleadings Due to Misjoinder or Nonjoinder of a Party, and Defendant's Answer shall be deemed sufficient to answer the allegations of the First Amended Complaint. Signed by Magistrate Judge Edward B. Atkins on 2/16/2023. (JJ)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #15 JOINT MOTION for Leave to Amend Complaint due to Misjoinder (CBD) |
| Party Trucking, Inc. added and Party Trucking Logistics LLC terminated per #16 Order (JJ) |
| Filing 17 AMENDED COMPLAINT against Great West Casualty Company, Trucking, Inc., filed by North American Stainless. Filed per #16 Order entered 2/16/2023.(JJ) |
| Filing 15 FIRST MOTION for Leave to Amend Complaint due to Misjoinder Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Amend Pleadings, #2 Exhibit First Amended Complaint)(Adams, Nathaniel) Modified text on 2/16/2023 (CBD). |
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Filing 14
ORDER: Motion forSubstitution #12 is DENIED without prejudice.. Signed by Judge Gregory F. Van Tatenhove on 2/13/2023. (CBD)cc: COR
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Filing 13
SCHEDULING ORDER: Discovery due by 10/15/2023. Amended Pleadings due by 4/15/2023. Motion to Join Additional Parties due by 4/15/2023. Dispositive Motions due by 10/15/2023. Pretrial Filings due by 1/13/2024. FINAL PRETRIAL CONFERENCE set for 2/13/2024 at 1:30 AM in FRANKFORT before Judge Gregory F. Van Tatenhove. Expert Witness List due by 8/30/2023. JURY TRIAL set for 2/27/2024 at 10:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove, counsel by 9:30 a.m. (2 days); Requests to modify any dates or deadlines established by this order shall be submitted upon motion filed prior to expiration of the deadline in question, and upon showing of good cause beyond the control of counsel in the exercise of due diligence. IT IS FURTHER ORDERED that this matter is referred to a Magistrate Judge for the purpose of supervising discovery and pretrial. Signed by Judge Gregory F. Van Tatenhove on 2/8/2023.(JJ)cc: COR,Fkt
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| Filing 12 JOINT MOTION to Substitute Party by Great West Casualty Insurance Company, Trucking Logistics LLC and Plaintiff North American Stainless (Attachments: #1 Proposed Order Proposed Order Granting Substitution)(Donnell, William) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #12 JOINT MOTION to Substitute Party by Great West Casualty Insurance Company, Trucking Logistics LLC and Plaintiff North American Stainless (CBD) |
| Filing 11 JOINT REPORT of Rule 26(f) Planning Meeting. (Donnell, William) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Nathaniel Adams: re #11 Report of Rule 26(f) Planning Meeting. An 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 Nathaniel Adams (CBD) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #11 Report of Rule 26(f) Planning Meeting (CBD) |
| Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by North American Stainless. (Whitt, Sean) |
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Filing 9
ORDER FOR MEETING AND REPORT: 1. NLT 30 days, counsel shall conduct meeting of parties required by Rule 26(f). 2. At the meeting, counsel shall exchange the disclosures required by Rule 26(a)(1). 3. NLT 10 days after the meeting, counsel for shall file a written joint report outlining the proposed discovery plan. This report shall conform to Federal Rules of Civil Procedure Appendix Form 52. See a - i. 4. In the event this matter involves a corporation or partnership, the party is directed to advise Court at the time of the submission of the parties joint report of all parent corporations, subsidiaries, affiliates, members and/or partners with which it is associated. Signed by Judge Gregory F. VanTatenhove on 1/17/23. (Attachments: #1 Notice & Consent to Magistrate Judge)(MJY)cc: COR
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Filing 8
ORDER: (1) Great Wests Motion to Bifurcate and Stay Discovery R. #7 on North Americans bad faith claim is GRANTED, and; (2) The two claims at issue in this matter SHALL be bifurcated for both trial and discovery, with a stay being issued as to North Americans bad faith claim, pending resolution of its underlying tort and unjust enrichment claims. Signed by Judge Gregory F. VanTatenhove on 1/17/23. (MJY)cc: COR
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| Filing 7 MOTION to Bifurcate and Stay Discovery by Great West Casualty Insurance Company (Attachments: #1 Memorandum in Support Memo in Support - Mtn to Bifurcate and Stay, #2 Proposed Order Proposed Order)(Donnell, William) Modified text on 1/9/2023 (CBD). |
| Filing 6 NOTICE TO ATTORNEY Nathaniel Adams by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 LR 83.1 packet, #2 LR 83.2)(CBD) |
| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Great West Casualty Insurance Company identifying Corporate Parent Old Republic International Corporation, Other Affiliate ORI for Great West Casualty Insurance Company. (CBD) |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Trucking Logistics LLC. (CBD) |
| Filing 3 ANSWER to Complaint (Notice of Removal) by Great West Casualty Insurance Company, Trucking Logistics LLC. (CBD) |
| Filing 1 NOTICE OF REMOVAL from Caroll Circuit Court, case number 22-CI-167. ( Filing fee $402; receipt number AKYEDC-5447542), filed by Trucking Logistics LLC, Great West Casualty Insurance Company. (Attachments: #1 State Court Record, #2 Civil Cover Sheet)(CBD) |
| Conflict Check run. (CBD) |
| Clerk's Note re #1 Notice of Removal, #3 Answer: Defendant states it was incorrectly sued as Great West Casualty Insurance Company and it's correct name is Great West Casualty Company. (CBD) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #1 Notice of Removal, #3 Answer to Complaint (Notice of Removal), Clerk's Note (CBD) |
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