Clark et al v. Bucyrus International Inc. et al
Plaintiff: Katherine Ann Clark and Horace Scott Clark
Defendant: Bucyrus America, Inc., Bucyrus International Inc., Bahama Rock, LTD., Martin Marietta Materials, Inc., Bucyrus Field Services, Inc. and Bucyrus Holdings, LLC
Case Number: 5:2008cv00434
Filed: October 24, 2008
Court: US District Court for the Eastern District of Kentucky
Office: P.I.: Other Office
County: Montgomery
Presiding Judge: Joseph M Hood
Referring Judge: James B Todd
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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This docket was last retrieved on March 30, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2010 Opinion or Order Filing 107 ORDER: IT IS ORDERED that upon voluntary dismissal of all claims, this matter is DISMISSED AND STRICKEN FROM ACTIVE DOCKET. Signed by Judge Joseph M. Hood on 3/30/10.(GLD)cc: COR
March 30, 2010 Opinion or Order Filing 106 ORDER FOR VOLUNTARY DISMISSAL OF CLAIMS AGAINST DEFENDANT MARTIN MARIETTA MATERIALS, INC. ONLY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41: ORDERED AND ADJUDGED that all claims against Martin Marietta Materials, Inc. be dismissed w/prejudice w/ea party to bear its own fees and costs. Signed by Judge Joseph M. Hood on 3/30/10.(GLD)cc: COR
March 30, 2010 Opinion or Order Filing 105 ORDER FOR VOLUNTARY DISMISSAL OF CLAIMS AGAINST DEFENDANT BUCYRUS INTERNATIONAL INC. AND BUCYRUS FIELD SERVICES, INC. ONLY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41: ORDERED AND ADJUDGED that all claims against Bucyrus Field Services, Inc. and Bucyrus International Inc. be dismissed with prejudice, ea party to bear own fees and costs. Signed by Judge Joseph M. Hood on 3/30/10.(GLD)cc: COR
March 30, 2010 ***FILE SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: #103 Stipulation of Dismissal, #104 Stipulation of Dismissal, (GLD)
March 29, 2010 Filing 104 STIPULATION of Dismissal With Prejudice of Claims Against Martin Marietta Materials, Inc. only by Bucyrus Field Services, Inc., Bucyrus International Inc., Horace Scott Clark, Katherine Ann Clark, Martin Marietta Materials, Inc.. (Attachments: #1 Proposed Order Order of Dismissal)(Kaplan, Matthew)
March 29, 2010 Filing 103 STIPULATION of Dismissal With Prejudice of Claims Against Bucyrus International, Inc. and Bucyrus Field Services, Inc. only by Bucyrus Field Services, Inc., Bucyrus International Inc., Horace Scott Clark, Katherine Ann Clark, Martin Marietta Materials, Inc.. (Attachments: #1 Proposed Order Order of Dismissal)(Kaplan, Matthew)
March 18, 2010 Opinion or Order Filing 102 ORDER: (1)Parties have until 4/23/2010 to submit agreed order of dismissal; (2) all pending motions are DENIED AS MOOT; (3) all scheduled proceedings are CONTINUED GENERALLY. Signed by Judge Joseph M. Hood on 3/18/2010.(GLD)cc: COR,D,JC
March 17, 2010 Filing 101 AMENDED COMPLAINT against Bucyrus Field Services, Inc., Bucyrus International Inc., Martin Marietta Materials, Inc., filed by Katherine Ann Clark, Horace Scott Clark. (Attachments: #1 Exhibit A - Limestone Extraction Agreement, #2 Exhibit B - Employment Offered 2/21/07)Filed pursuant to Order at DE #100 .(RJD)
March 17, 2010 Opinion or Order Filing 100 MEMORANDUM OPINION & ORDER: Pla's #50 MOTION to Amend the Complaint is GRANTED. Signed by Judge Joseph M. Hood on 03/17/2010.(RJD)cc: COR
February 8, 2010 Filing 99 AMENDED NOTICE to Take Deposition of Lillian Rolle on 2/16/2010 at 1pm by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
February 8, 2010 Filing 98 AMENDED NOTICE to Take Deposition of Nikisha Evans on Feb 17, 2010 at 9am by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
February 8, 2010 Filing 97 AMENDED NOTICE to Take Deposition of Walter Reed on Feb. 17, 2010 at 1pm by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
February 4, 2010 Filing 96 CERTIFICATE OF SERVICE for Interrogatories and Request for Production of Documents to Horace Scott Clark by Bucyrus International Inc., Bucyrus Field Services, Inc..(Amato, Stephen)
February 4, 2010 Filing 95 CERTIFICATE OF SERVICE for Interrogatories and Requests for Production of Documents to Plaintiff, Katherine Ann Clark by Bucyrus International Inc., Bucyrus Field Services, Inc..(Amato, Stephen)
February 2, 2010 Filing 94 MOTION for Issuance of Letters Rogatory by Bucyrus International Inc., Bucyrus Field Services, Inc. Motions referred to James B Todd. (Attachments: #1 Exhibit A - Letter of Request, #2 Proposed Order)(Riddle, Benjamin)
January 28, 2010 Filing 93 NOTICE by Horace Scott Clark, Katherine Ann Clark re #84 Notice to Take Deposition Notice of Cancelling Deposition of Robert Jelinek Scheduled for Monday, February 1, 2010 at 9:00 a.m. (Kaplan, Matthew)
January 28, 2010 Filing 92 NOTICE by Horace Scott Clark, Katherine Ann Clark re #71 Notice to Take Deposition Notice of Cancelling Deposition of Gina Galley Scheduled for Tuesday, February 2, 2010 at 3:30 pm. (Kaplan, Matthew)
January 28, 2010 Filing 91 NOTICE by Horace Scott Clark, Katherine Ann Clark re #85 Notice to Take Deposition Notice of Cancelling Deposition of Mike McCarty Scheduled for Tuesday, February 2, 2010, at 9 am. (Kaplan, Matthew)
January 28, 2010 Filing 90 NOTICE by Horace Scott Clark, Katherine Ann Clark re #72 Notice to Take Deposition Notice of Cancelling Deposition of Sue Nowakowski Scheduled for Tuesday, February 2, 2010 at 2:30 pm. (Kaplan, Matthew)
January 28, 2010 Filing 89 NOTICE by Horace Scott Clark, Katherine Ann Clark re #69 Notice to Take Deposition Notice of Cancelling Deposition of Dan Bostedt Scheduled for Monday, February 1, 2010 at 3:30 p.m. (Kaplan, Matthew)
January 28, 2010 Filing 88 NOTICE by Horace Scott Clark, Katherine Ann Clark re #68 Notice to Take Deposition Notice of Cancelling Deposition of Lisa Reinhardt Scheduled for Monday, February 1, 2010 at 2:30 p.m. (Kaplan, Matthew)
January 25, 2010 NOTICE OF DOCKET MODIFICATION TO Matthew Kaplan re #86 Disclosures; Error: attachments were insufficiently described as "Exhibit A," "Exhibit B." Entry by attorney; Correction: Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct.) No further action required by counsel. cc: COR (GLD)
January 22, 2010 Filing 86 DISCLOSURES of EXPERTS by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew) (Additional attachment(s) added on 1/25/2010: #1 Exhibit A - Expert Disclosures of Professor Rodney E. Morgan, #2 Exhibit B - Expert Disclosures of Gary A. Anderson, Ph.D) (GLD). Modified on 1/25/2010 (GLD).
January 22, 2010 Filing 85 AMENDED NOTICE to Take Deposition of Mike McCarty on Tues., February 2, 2010 at 9am by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 22, 2010 Filing 84 AMENDED NOTICE to Take Deposition of Robert Jelinek on Mon., February 1, 2010 at 9am by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 21, 2010 Opinion or Order Filing 87 AGREED ORDER: Parties stipulate and agree: (1) 1/11/10, Pla's counsel sent letter disputing certain claims of privilege made by dfts; (2) 1/13/2010, parties engaged in discovery conference w/Court; (3) 1/16/2010, Bucyrus dfts provided response to Pla's 1/11/2010 letter; (4) Depos took place 1/19/2010 and pla's are scheduled appear for depos on 12/21/2010 and 12/22/2010; (5) parties have engaged in good faith efforts to resolve privilege issues; (6) Pla's shall undertake to formally respond to add'l. info by 1/26/2010; (7) In event parties cannot resolve differences, Bucyrus Dfts agree to provide Magistrate Judge w/remaining docs about which they cannot agree and in camera review by 1/27/2010, at which time both parties submit informal letters on their positions. Signed by Magistrate Judge James B Todd on 1/21/2010.(GLD)cc: COR
January 21, 2010 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Todd for review: #83 Proposed Agreed Order/Stipulation (GLD)
January 20, 2010 Filing 83 Proposed Agreed Order/Stipulation by Horace Scott Clark, Katherine Ann Clark, Bucyrus International Inc., Bucyrus Field Services, Inc.. (Riddle, Benjamin)
January 20, 2010 Filing 82 NOTICE to Take Deposition of Nikisha Evans on Wednesday, February 17, 2010 at 9:30 am by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 20, 2010 Filing 81 NOTICE to Take Deposition of Walter Reed on Tuesday, February 16, 2010 at 1pm by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 20, 2010 Filing 80 NOTICE to Take Deposition of Lillian Rolle on Wednesday, February 17, 2010 at 1pm by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 15, 2010 Filing 79 AMENDED NOTICE to Take Deposition of Dave Dagenhardt on Tuesday, January 19, 2010 at 9:30 am by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 15, 2010 Filing 78 AMENDED NOTICE to Take Deposition of Denny Harsy on Tuesday, January 19, 2010 at 1pm by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 14, 2010 Filing 77 AMENDED NOTICE to Take Deposition of Horace Scott Clark on January 21, 2010 at 9:00 am by Bucyrus International Inc., Bucyrus Field Services, Inc..(Amato, Stephen)
January 14, 2010 Filing 76 NOTICE by Horace Scott Clark, Katherine Ann Clark re #65 Notice to Take Deposition -- Notice of Cancelling Deposition of Kenneth Robert Scheduled for Monday, January 18, 2010 at 9:30 a.m. (Kaplan, Matthew)
January 14, 2010 Filing 75 AMENDED NOTICE to Take Deposition of Denny Harsy on Tuesday, January 19, 2010 at 1:00 p.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 14, 2010 Filing 74 AMENDED NOTICE to Take Deposition of Dave Dagenhardt on Tuesday, January 19, 2010 at 9:30 a.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 13, 2010 Filing 73 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 1/13/10. before Magistrate Judge James B Todd: (1) on 1/20/10 counsel for Bucyrus dfts shall provide Mag Judge for in camera, all docs that remain in dispute as being privileged docs; (2) counsel are at liberty to provide Mag Judge w/authority that supports their respective positions re these disputed docs; (3) no extension of the discovery deadline will be granted at this time; (4) in the event pla's counsel subsequently receives any docs from the Bocyrus dfts that he believes would have been important to use in a depo that has already been taken, pla's counsel shall be entitled to follow-up depo w/deponent in relation to the later-received docs; (5) pla's counsel is directed to delete his file containing privileged docs that the Bucyrus dfts inadvertently produced to him; in the event any of these docs are later determined to be non-privileged, then pla's counsel will be entitled to antoher copy thereof. (Court Reporter none.) Signed by James B. Todd. (KJR)cc: COR
January 8, 2010 Filing 72 NOTICE to Take Deposition of Sue Nowakowski on Tuesday, February 2, 2010 at 2:30 p.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 8, 2010 Filing 71 NOTICE to Take Deposition of Gina Galley on Tuesday, February 2, 2010 at 3:30 p.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 8, 2010 Filing 70 NOTICE to Take Deposition of Mike McCarty on Tuesday, February 2, 2010 at 9:00 a.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 8, 2010 Filing 69 NOTICE to Take Deposition of Dan Bostedt on Monday, February 1, 2010 at 3:30 p.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 8, 2010 Filing 68 NOTICE to Take Deposition of Lisa Reinhardt on Monday, February 1, 2010 at 2:30 p.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 8, 2010 Filing 67 NOTICE to Take Deposition of Robert Jelinek on Monday, February 1, 2010 at 9:00 a.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 8, 2010 Filing 66 NOTICE to Take Deposition of Denny Harsy on Tuesday, January 19, 2010 at 1:00 p.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 8, 2010 Filing 65 NOTICE to Take Deposition of Kenneth Robert on Monday, January 18, 2010 at 9:30 a.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 8, 2010 Filing 64 Amended Notice to Take Deposition of Dave Dagenhardt on Tuesday, January 19, 2010 at 9:30 a.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew) Modified docket text on 1/11/2010 (GLD).
January 8, 2010 Filing 63 NOTICE to Take Deposition of Dave Dagenhardt on Monday, January 18, 2010 at 10:00 a.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 7, 2010 Filing 62 NOTICE to Take Deposition of David Shepherd on Wednesday, January 13, 2010 at 2:30 p.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 7, 2010 Filing 61 NOTICE to Take Deposition of Michelle Sorrell on Wednesday, January 13, 2010 at 3:30 p.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 7, 2010 Filing 60 NOTICE to Take Deposition of Brian Groff on Wednesday, January 13, 2010 at 9:30 a.m. by Horace Scott Clark, Katherine Ann Clark.(Kaplan, Matthew)
January 5, 2010 Filing 59 NOTICE to Take Deposition of Katherine Ann Clark on 01/22/10 @ 9:00 a.m. by Bucyrus International Inc., Bucyrus Field Services, Inc..(Amato, Stephen)
January 5, 2010 Filing 58 NOTICE to Take Deposition of Horace Scott Clark on 01/21/10 @ 9:00 a.m. by Bucyrus International Inc., Bucyrus Field Services, Inc..(Amato, Stephen)
December 29, 2009 ***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: re #50 MOTION to Amend/Correct by Horace Scott Clark, Katherine Ann Clark of Complaint and Incorporated Memorandum of Law (RJD)
December 28, 2009 Filing 57 REPLY to #50 Bucyrus Entities' and Martin Marietta Material's Response to Plaintiff's Motion for Leave to Amend filed by Horace Scott Clark, Katherine Ann Clark. (Kaplan, Matthew) Modified text to remove text on 12/29/2009 (Demsey, Rebecca).
December 22, 2009 Opinion or Order Filing 56 ORDER: (1)IT IS ORDERED that Pla's MOTION for Extension of Time #52 is GRANTED and Scheduling Order #46 is AMENDED as follows: a. Reports from pla's expert witnesses due by 1/22/2010; b. Reports from dft's expert witnesses due by 2/19/2010; c. Fact and expert discovery due by 3/12/2010; d. dispositive motion deadline is 4/2/2010; (2) All other deadlines remain unchanged. Signed by Magistrate Judge James B Todd on 12/22/09.(GLD)cc: COR
December 16, 2009 Filing 55 RESPONSE in Opposition re #50 MOTION to Amend/Correct by Horace Scott Clark, Katherine Ann Clark of Complaint and Incorporated Memorandum of Law filed by Martin Marietta Materials, Inc.. (Attachments: #1 Proposed Order)(Orr, Kristen)
December 14, 2009 Filing 54 RESPONSE in Opposition re #50 MOTION to Amend/Correct by Horace Scott Clark, Katherine Ann Clark of Complaint and Incorporated Memorandum of Law filed by Bucyrus International Inc., Bucyrus Field Services, Inc.. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion for Leave)(Riddle, Benjamin)
December 14, 2009 ***MOTION SUBMITTED TO CHAMBERS of James B. Todd for review: re #52 MOTION for Extension of Time by Horace Scott Clark, Katherine Ann Clark of Expert Discovery Deadlines (STB)
December 14, 2009 NOTICE OF DOCKET MODIFICATION TO Matthew Kaplan re #53 Proposed Agreed Order/Stipulation Error: the proposed order #53 was incorrectly filed as a separate entry using the event Proposed Agreed Order. Entry by attorney; Clerk modified the docket text of #53 to state PROPOSED ORDER; clerk attached the proposed order to the Motion to Extend Time #52 ; In the future, file the proposed order as an attachment to the motion instead of making a separate entry. No further action required by counsel. cc: COR (STB)
December 11, 2009 Filing 53 Proposed Order re: #52 Proposed Order on Plaintiffs' Motion for Extension of Time of Expert Discovery Deadlines by Horace Scott Clark, Katherine Ann Clark. (Kaplan, Matthew) Modified text/link on 12/14/2009 (STB).
December 11, 2009 Filing 52 MOTION for Extension of Time by Horace Scott Clark, Katherine Ann Clark of Expert Discovery Deadlines Motions referred to James B Todd. (Kaplan, Matthew) (Additional attachment(s) added on 12/14/2009: #1 Proposed Order) (STB).
December 2, 2009 Filing 51 NOTICE OF APPEARANCE of Benjamin L. Riddle, Esq. by Bucyrus International Inc., Bucyrus Field Services, Inc.. (Riddle, Benjamin)
November 24, 2009 NOTICE OF DOCKET MODIFICATION TO Matthew Kaplan re #50 MOTION to Amend/Correct by Horace Scott Clark, Katherine Ann Clark of Complaint and Incorporated Memorandum of Law Exhibits A-B were filed as one attachment; Entry by attorney; Each exhibit must be filed as a separate attachment with a clear and concise description; Clerk attached each exhibit as a separate attachment with an appropriate description. In the future, attach each exhibit separately and name each attachment appropriately. No further action required by counsel. cc: COR (GLD)
November 23, 2009 Filing 50 MOTION to Amend/Correct by Horace Scott Clark, Katherine Ann Clark of Complaint and Incorporated Memorandum of Law Motions referred to James B Todd. (Attachments: #1 Exhibit Amended Complaint, #2INCORRECT Exhibit Exhibits to Amended Complaint, #3 Proposed Order)(Kaplan, Matthew) (Additional attachment(s) added on 11/24/2009: #4 Exhibit A to Complaint - Limestone Extraction Agreement, #5 Exhibit B - Employment Offer dated 2/21/07) (GLD). Modified on 11/24/2009 (GLD).
October 23, 2009 Opinion or Order Filing 49 ORDER: (1)INITIAL PRETRIAL CONFERENCE set for 6/18/2010 @ 10:00 AM in LEXINGTON before Magistrate Judge James B Todd; (2) Pretrial Filings due by 6/11/2010; (3) court reporter needed. Signed by Magistrate Judge James B Todd on 10/23/2009.(RJD)cc: COR,D
October 23, 2009 Opinion or Order Filing 48 ORDER: (1) SETTLEMENT CONFERENCE set for 6/3/2010 @ 1:30 PM in LEXINGTON before Magistrate Judge James B Todd; (2) by 05/24/2010, parties DELIVER UNDER SEAL directly to Mag Judge Todd separate ex parte settlement conference statements & status reports on settlement negotiations; it is required that parties with settlement authority be present at the settlement conf; (3) these documents may be submitted directly to Chambers or faxed before Magistrate Judge James B Todd. Signed by Magistrate Judge James B Todd on 10/23/2009.(RJD)cc: COR,D
August 12, 2009 Filing 47 CERTIFICATE OF SERVICE for FRCP 26 Initial Disclosures by Bucyrus International Inc., Bucyrus Field Services, Inc..(Amato, Stephen)
August 6, 2009 ***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #45 Report of Rule 26(f) Planning Meeting (GLD)
August 5, 2009 Opinion or Order Filing 46 ORDER: (1)IT IS ORDERED that all discovery disputes are REFERRED TO Magistrate Judge James B. Todd; (2) REFERRED to Magistrate Judge James B. Todd for expedited settlement processes as he shall direct by subsequent order; (3)Motions to amended pleadings due by 11/23/2010; (4)Discovery due by 2/26/2010; (5) Expert witnesses reports due from pla by 12/23/09 and dfts 1/25/2010; (6) all expert discovery completed by 2/26/2010; (7) Dispositive Motions due by 3/15/2010; (8) Motions in Limine filed by 5/7/2010; (9) Motion practice governed by Local Rule 7.1 except otherwise stated in this order; (10) REFERRED to Magistrate Judge Todd for pretrial conference to be set by him but to be held not later than one week prior to 6/28/2010;(11) At least one week prior to Magistrate Judge Todd's ptc, counsel shall file list of exhibits, premark and display to opposing counsel all exhibits, file witness list, file pretrial memorandum brief and file agreed proposed jury instructions; (12) Assigned for Final Pretrial Conference on 6/28/2010 at 10:00 AM in LEXINGTON before Judge Joseph M. Hood; (13) Jury Trial set for 7/13/2010 at 9:00 AM (5-7 days) in LEXINGTON before Judge Joseph M. Hood. Signed by Judge Joseph M. Hood (GLD)cc: COR,JC,D
August 5, 2009 Filing 45 AMENDED REPORT of Rule 26(f) Planning Meeting. (Kaplan, Matthew) Modified docket text on 8/6/2009 (GLD).
August 5, 2009 Filing 44 REPORT of Rule 26(f) Planning Meeting. (Kaplan, Matthew)
July 17, 2009 Opinion or Order Filing 43 MEMORANDUM OPINION & ORDER - IT IS ORDERED that the Bucyrus's #24 MOTION to Dismiss is GRANTED IN PART and DENIED IN PART. The vicarious liability claim at Count 25 shall be dismissed. The breach of contract, negligence, negligent misrepresentation, faudulent misrepresentation, fraud, and fraudulent inducement claims found at Counts 1, 2, 3, 4, 5 and 6, respectively, shall remain. Signed by Judge Joseph M. Hood on July 17, 2009. (AWD) cc: COR
July 13, 2009 IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Civ.P. 5.2 requires that personal identification information must be partially redacted from documents filed with the court. #Click here for more information on the rules. In connection with the Federal Privacy Rule, the Court's Privacy Policy may be found on the court website at www.kyed.uscourts.gov. #Read this policy carefully. It is the sole responsibility of counsel and the parties to comply with the rules of this court requiring redaction of personal data identifiers. cc: COR (GLD)
June 12, 2009 Opinion or Order Filing 42 MEMORANDUM OPINION & ORDER: IT IS ORDERED that dft's Motion To Dismiss on grounds of forum non conveniens #29 is DENIED. Signed by Judge Joseph M. Hood on 06/12/2009.(GLD)cc: COR
March 30, 2009 ***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: #29 MOTION to Dismiss by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. on grounds of forum non conveniens (GLD)
March 27, 2009 Filing 41 REPLY to Response to Motion re #29 MOTION to Dismiss by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. on grounds of forum non conveniens filed by Bucyrus International Inc., Bucyrus Field Services, Inc.. (Amato, Stephen)
March 20, 2009 Opinion or Order Filing 40 ORDER: IT IS ORDERED that Bahama Rock Ltd.'s Motion To Dismiss for lack of jurisdiction #11 is DENIED AS MOOT. Signed by Judge Joseph M. Hood on 3/20/2009.(GLD)cc: COR
March 17, 2009 Opinion or Order Filing 39 ORDER / Sipulation for voluntary dismissal of dft Bahama Rock, LTD - that dft Bahama Rock Ltd. is DISMISSED WITHOUT PREJUDICE. Signed by Judge Joseph M. Hood on 3/17/09.(KJR)cc: COR
March 17, 2009 NOTICE OF DEFICIENCY TO Matthew Kaplan re #38 Response in Opposition to Motion; Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is submitted must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc: COR (GLD)
March 17, 2009 ***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #37 Stipulation of Dismissal (GLD)
March 16, 2009 Filing 38 RESPONSE in Opposition re #29 MOTION to Dismiss by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. on grounds of forum non conveniens filed by Horace Scott Clark, Katherine Ann Clark. (Attachments: #1 Exhibit A - Bucyrus Website, #2 Exhibit B - Bucyrus US SEC FORM 10K Year Ending 2008, #3 Exhibit C - Bucyrus Fact Sheet 2008, #4 Exhibit D - Bucyrus Field Services Pamphlet, #5 Exhibit E - Affidavit of Brian Groff, #6 Exhibit F - Affidavit of Horace Scott Clark, #7 Exhibit G - MMM Website, #8 Exhibit H - MMM Annual Report 2007 (Part 1), #9 Exhibit H MMM Annual Report 2007 (Part 2), #10 Exhibit H MMM Annual Report 2007 (Part 3), #11 Exhibit H - MMM Annual Report 2007 (Part 4), #12 Exhibit I - Affidavit of Emmerick Knowles, #13 Exhibit J - Limestone Excavation Agreement, #14 Exhibit K - Clark Employment Agreement, #15 Exhibit L - Correspondence from Groff, #16 Exhibit M - Letter from Newbold, #17 Exhibit N - Transcript of Clark Criminal Proceedings, #18 Exhibit O - Jelinek Termination Letter, #19 Exhibit Plaintiff's Initial Disclosures, #20 Exhibit Q Plaintiffs' Amended Initial Disclosures, #21 Proposed Order)(Kaplan, Matthew)
March 16, 2009 Filing 37 STIPULATION of Dismissal of Claims Against Bahama Rock, Ltd. Only by Horace Scott Clark, Katherine Ann Clark. (Kaplan, Matthew)
March 4, 2009 ***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: #24 MOTION to Dismiss by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. (GLD)
March 4, 2009 Clerk's Note: Clerk submitted DE #29 in error to Chambers. This submission has been deleted and Clerk has now submitted correct Motion to Dismiss #24 . (GLD)
March 4, 2009 NOTICE OF DOCKET MODIFICATION TO Stephen Amato re #36 REPLY; Error: attorney failed to create a link to the related document; Entry by attorney; Correction: Clerk has modified text to create the link; In the future, attorney is advised to create a link to the related document. No further action required by counsel. cc: COR (GLD)
March 3, 2009 Filing 36 REPLY to #24 MOTION to Dismiss by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. (Amato, Stephen) Modified to correct link on 3/4/2009 (Denisio, Genia).
March 2, 2009 Opinion or Order Filing 35 ORDER: IT IS ORDERED AND ADJUDGED that John N. Billings be and hereby is withdrawn as counsel of record for dfts, Bucyrus International, Inc. and Bucyrus Field Services, Inc., f/k/a Minserco, Inc. Signed by Judge Joseph M. Hood on 3/2/2009.(GLD)cc: COR
March 2, 2009 ***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: #34 MOTION to Withdraw as Attorney by Bucyrus International Inc., Bucyrus Field Services, Inc. of John N. Billings (GLD)
March 2, 2009 Attorney Update. Attorney John Nathan Billings terminated. (GLD)
February 27, 2009 Filing 34 MOTION to Withdraw as Attorney by Bucyrus International Inc., Bucyrus Field Services, Inc. of John N. Billings (Attachments: #1 Proposed Order)(Amato, Stephen)
February 25, 2009 ***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #33 Stipulation, (KJR)
February 24, 2009 Filing 33 STIPULATION re #29 MOTION to Dismiss by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. on grounds of forum non conveniens to Extend Deadline for Response Through and Including March 16, 2009 by Horace Scott Clark, Katherine Ann Clark. (Kaplan, Matthew)
February 24, 2009 NOTICE OF DOCKET MODIFICATION TO Michael Shields re: #30 RESPONSE to Motion. Entries by Attorney. Error 1: Attachments were insufficiently described as "Exhibit A," "Exhibit B," etc. Correction: The Clerk has renamed the attachments. It is necessary that all attachments are adequately described. Example: Exhibit A (incorrect) - Exhibit A: Affidavit of John Doe (correct). No further action required by counsel as to Error 1. Error 2: Attorney failed to create a link to the related document. Clerk has modified text to create the link. In the future, attorney is advised to create a link to the related document. No further action required by counsel as to Error 2. cc: COR(AWD)
February 23, 2009 Opinion or Order Filing 32 STIPULATION / ORDER FOR VOLUNTIARY DISMISSAL of Bucyrus Holdings, LLC & Bucyrus America, Inc.; that all claims against these dfts are DISMISSED without prejudice. Signed by Judge Joseph M. Hood on 2/23/09.(KJR)cc: COR
February 20, 2009 Filing 31 STIPULATION of Dismissal of Claims Against Bucyrus Holdings, LLC and Bucyrus America, Inc. Only by Horace Scott Clark, Katherine Ann Clark. (Shields, Michael)
February 20, 2009 Filing 30 RESPONSE to Defendants' #24 Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted filed by Horace Scott Clark, Katherine Ann Clark. (Attachments: #1 Exhibit A: Affidavit of Brian Groff, #2 Exhibit B: Limestone Extraction Agreement, #3 Exhibit C: Affidavit of Michael G. McCarty, #4 Exhibit D: Employment Offer, #5 Exhibit E: Application for Employment, #6 Exhibit F: Confidentiality Agreement, #7 Exhibit G: Authorization Agreement for Direct Deposit, #8 Exhibit H: Expense Record, #9 Exhibit I: Letter dated Sept. 11, 2007, #10 Exhibit J: Separation Agreement, #11 Exhibit K: Separation Offer, #12 Proposed Order Granting in Part and Denying in Part)(Shields, Michael) Modified on 2/24/2009 to create link to document and to name all attachments. (Denington, Ashlee)
February 10, 2009 NOTICE OF DOCKET MODIFICATION TO Stephen Amato re #29 MOTION to Dismiss by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. on grounds of forum non conveniens ; Error: Exhibit A - Certificate of Good Standing was sideways; Entry by attorney; Correction: Clerk has rotated the page and entered the document as a separate attachment; At the browse screen within ECF, the Attorney should always open and view each PDF document before proceeding with the filing; cc: COR (GLD)
February 9, 2009 Filing 29 MOTION to Dismiss by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. on grounds of forum non conveniens (Attachments: #1 Memorandum in Support, #2INCORRECT. Exhibit A-Certificate of Good Standing, #3 Exhibit B-License Agreement, #4 Proposed Order)(Amato, Stephen) (Additional attachment(s) added on 2/10/2009: #5CORRECT Exhibit A - Certificate of Good Standing) (GLD). Modified on 2/10/2009 (GLD).
January 23, 2009 Opinion or Order Filing 28 AGREED ORDER: (1) Pla shall have until 2/25/2009 to file response to Motion to Dismiss #24 and dfts shall file Reply in accordance with Joint Local Rules; (2) Pla shall have until 2/25/2009 to file any response to any other motion filed by any party before 2/8/2009 and any Reply shall be filed in accordance with Joint Local Rules. Signed by Judge Joseph M. Hood on 1/23/2009.(GLD)cc: COR
January 23, 2009 ***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #27 Notice of Filing, (GLD)
January 23, 2009 NOTICE OF DOCKET MODIFICATION TO John Billings re #27 Notice of Filing, ; Error 1: Attorney failed to choose the correct filers; Clerk has added the plaintiffs and other defendants as filers to the document; Entry by attorney; Correction: In the future, attorney should hold the ctrl key on the keyboard and click on each party filing the pleading. Error 2: Attorney has chosen the incorrect event; Clerk has re-defined the pleading as a Proposed Agreed Order. No further action required by counsel on Errors 1 and 2. cc: COR (GLD)
January 22, 2009 Filing 27 Proposed Agreed Order by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bahama Rock, LTD., Bucyrus Field Services, Inc., Bucyrus International Inc.,Horace Scott Clark and Katherine Ann Clark re #24 MOTION to Dismiss by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. of Agreed Order extending time to file Responses (Billings, John) Modified to change docket text and add filers on 1/23/2009 (GLD).
January 7, 2009 Filing 26 CERTIFICATE of Counsel re Service of Responses to Requests for Admission by Stephen Garrett Amato on behalf of Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. (Amato, Stephen)
January 7, 2009 Filing 25 MEMORANDUM in Support of Motion re #24 MOTION to Dismiss by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. filed by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc.. (Attachments: #1 Exhibit Responses to Requests for Admission (Bucyrus Holdings), #2 Exhibit Responses to Requests for Admission (Bucyrus America), #3 Exhibit Affidavit of Michael McCarty)(Amato, Stephen)
January 7, 2009 Filing 24 MOTION to Dismiss by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. (Attachments: #1 Proposed Order)(Amato, Stephen)
December 30, 2008 NOTICE OF DEFICIENCY TO Kristin Orr re #22 REPLY; Signature on document and filer do not match; Entry by attorney; the name of the Filing user under whose login and password the document is submitted must be typed in the space where the signature would otherwise appear; No further action required by counsel. cc: COR (GLD)
December 30, 2008 ***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: #11 MOTION to Dismiss for Lack of Jurisdiction by Bahama Rock, LTD. (GLD)
December 29, 2008 Filing 23 RESPONSE in Support re #11 MOTION to Dismiss for Lack of Jurisdiction by Bahama Rock, LTD. filed by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc.. (Billings, John)
December 29, 2008 Filing 22 Reply Memorandum In Support Of #11 Motion To Dismiss Complaint of Horace Clark and Katherine Clark Against Bahama Rock, LTD.,filed by Bahama Rock, LTD. (Orr, Kristen) Modified docket text on 12/30/2008 (GLD).
December 17, 2008 ***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #19 Stipulation (GLD)
December 15, 2008 ***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #20 Stipulation, #21 Notice of Voluntary Dismissal (GLD)
December 12, 2008 Filing 21 NOTICE of Voluntary Dismissal by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc. (Billings, John)
December 12, 2008 Filing 20 STIPULATION re #11 MOTION to Dismiss for Lack of Jurisdiction by Bahama Rock, LTD. to extend time to file Response until December 28, 2008 by Bucyrus Holdings, LLC, Bucyrus America, Inc., Martin Marietta Materials, Inc., Bahama Rock, LTD., Bucyrus International Inc., Bucyrus Field Services, Inc.. (Billings, John)
December 11, 2008 Filing 19 STIPULATION re #11 MOTION to Dismiss for Lack of Jurisdiction by Bahama Rock, LTD. extending deadline to reply by Bahama Rock, LTD.. (Orr, Kristen)
December 3, 2008 Opinion or Order Filing 18 ORDER - Matthew E. Kaplan may appear before the court pro hac vice as counsel to Plas, Horace Scott Clark & Kathy Clark, in the above-captioned action subject to the Joint Local Rules of Civil Practice for the US Dist Courts for the Eastern & Western Districts of KY. Signed by Judge Joseph M. Hood on 12/2/2008. (RJD)cc: COR
December 3, 2008 BAR STATUS Check completed as to Matthew E. Kaplan re #17 MOTION for Matthew E. Kaplan to Appear Pro Hac Vice by Horace Scott Clark, Katherine Ann Clark ( Filing fee $65; receipt number 1364285) MOTION for Matthew E. Kaplan to Appear Pro Hac Vice by Horace Scott Clark, Katherine Ann Clark ( Filing fee $65; receipt number 1364285). (GLD)
December 3, 2008 Clerk's Note: re #18 Order on Motion to Appear Pro Hac Vice. cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form to Matthew E. Kaplan. (RJD)
December 2, 2008 Filing 17 MOTION for Matthew E. Kaplan to Appear Pro Hac Vice by Horace Scott Clark, Katherine Ann Clark ( Filing fee $65; receipt number 1364285) (Attachments: #1 Affidavit In Support of Motion for Order Admitting Matthew E. Kaplan Pro Hac Vice, #2 Proposed Order Admitting Matthew E. Kaplan Pro Hac Vice)(Shields, Michael)
December 2, 2008 ***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #16 Stipulation, (GLD)
December 1, 2008 Filing 16 STIPULATION re #12 Answer to Complaint, Crossclaim, #11 MOTION to Dismiss for Lack of Jurisdiction by Bahama Rock, LTD. EXTENDING TIME TO FILE RESPONSE AND ANSWER by Bucyrus Holdings, LLC, Bucyrus America, Inc., Martin Marietta Materials, Inc., Bahama Rock, LTD., Bucyrus International Inc., Bucyrus Field Services, Inc.. (Billings, John)
December 1, 2008 Filing 15 RESPONSE to Motion re #11 MOTION to Dismiss for Lack of Jurisdiction by Bahama Rock, LTD. Plaintiffs' Limited Response to Defendant Bahama Rock Ltd.'s Motion to Dismiss for Lack of Personal Jurisdiction and to Defer Ruling by Court and Allow Jurisdictional Discovery filed by Horace Scott Clark, Katherine Ann Clark. (Attachments: #1 Exhibit Exhibit relating to response to motion, #2 Proposed Order Proposed order denying Defendant Bahama Rock Ltd.'s Motion to Dismiss)(Shields, Michael)
November 20, 2008 ***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #14 Stipulation, (GLD)
November 19, 2008 Filing 14 STIPULATION re #12 Answer to Complaint, Crossclaim, #11 MOTION to Dismiss for Lack of Jurisdiction by Bahama Rock, LTD. EXTENDING TIME TO FILE RESPONSE AND ANSWER by Bucyrus Holdings, LLC, Bucyrus America, Inc., Martin Marietta Materials, Inc., Bahama Rock, LTD., Bucyrus International Inc., Bucyrus Field Services, Inc.. (Billings, John)
November 7, 2008 ***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #13 Stipulation (GLD)
November 6, 2008 Filing 13 STIPULATION re #11 MOTION to Dismiss for Lack of Jurisdiction by Bahama Rock, LTD. EXTENDING DEADLINE FOR RESPONSE by Martin Marietta Materials, Inc., Bahama Rock, LTD.. (Tate, John)
November 3, 2008 ***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #9 Answer to Complaint, #10 Answer to Complaint, #12 Answer to Complaint, Crossclaim (GLD)
October 31, 2008 Filing 12 ANSWER to Complaint with JURY DEMAND, CROSSCLAIM against Martin Marietta Materials, Inc., Bahama Rock, LTD. by Bucyrus Holdings, LLC, Bucyrus America, Inc., Bucyrus International Inc., Bucyrus Field Services, Inc..(Amato, Stephen)
October 31, 2008 Filing 11 MOTION to Dismiss for Lack of Jurisdiction by Bahama Rock, LTD. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Orr, Kristen)
October 31, 2008 Filing 10 ANSWER to Complaint by Bahama Rock, LTD..(Orr, Kristen)
October 31, 2008 Filing 9 ANSWER to Complaint by Martin Marietta Materials, Inc..(Orr, Kristen)
October 27, 2008 Filing 8 FRCP 7.1 DISCLOSURE STATEMENT by Bahama Rock, LTD. identifying Corporate Parent Martin Marietta Materials, Inc. for Bahama Rock, LTD... (Orr, Kristen)
October 27, 2008 Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Martin Marietta Materials, Inc.. (Orr, Kristen)
October 27, 2008 Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by Bucyrus America, Inc.. (Amato, Stephen)
October 27, 2008 Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Bucyrus Holdings, LLC. (Amato, Stephen)
October 27, 2008 Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Bucyrus Field Services, Inc.. (Amato, Stephen)
October 27, 2008 Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Bucyrus International Inc.. (Amato, Stephen)
October 27, 2008 Filing 2 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Stephen Garrett Amato and John L. Tate. #1 Joint Notice of Removal has been filed by Bucyrus International Inc., Bucyrus Field Services, Inc., Bucyrus Holdings, LLC, Bucyrus America, Inc., Martin Marietta Materials, Inc. and Bahama Rock, LTD. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within ten (10) days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (GLD)
October 24, 2008 Filing 1 JOINT NOTICE OF REMOVAL from Montgomery Circuit Court, case number 08-CI-90316. ( Filing fee $350; receipt number 1336408), filed by Bucyrus Holdings, LLC, Bucyrus America, Inc., Martin Marietta Materials, Inc., Bahama Rock, LTD., Bucyrus International Inc., Bucyrus Field Services, Inc. (Attachments: #1 State Court Record Vol 1 - Complaint, #2 State Court Record Vol 2 - Complaint, Summons, Receipt from State Court, #3 Civil Cover Sheet, #4 Case Assignment)(GLD) Modified on 10/27/2008 (GLD).
October 24, 2008 Conflict Check run. (GLD)

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Search for this case: Clark et al v. Bucyrus International Inc. et al
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Defendant: Bucyrus America, Inc.
Represented By: John Nathan Billings
Represented By: Stephen Garrett Amato
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Defendant: Bucyrus International Inc.
Represented By: John Nathan Billings
Represented By: Stephen Garrett Amato
Represented By: Benjamin L. Riddle
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Defendant: Bahama Rock, LTD.
Represented By: Kristen Kate Orr
Represented By: John L. Tate
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Defendant: Martin Marietta Materials, Inc.
Represented By: Kristen Kate Orr
Represented By: John L. Tate
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Defendant: Bucyrus Field Services, Inc.
Represented By: John Nathan Billings
Represented By: Stephen Garrett Amato
Represented By: Benjamin L. Riddle
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Defendant: Bucyrus Holdings, LLC
Represented By: John Nathan Billings
Represented By: Stephen Garrett Amato
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Plaintiff: Katherine Ann Clark
Represented By: Matthew E. Kaplan
Represented By: Michael Benjamin Shields
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Plaintiff: Horace Scott Clark
Represented By: Matthew E. Kaplan
Represented By: Michael Benjamin Shields
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