Estes et al v. JI-EE Industry Co., Ltd. et al
| Connie Estes and Harold Estes |
| Doe Corporation and JI-EE Industry Co., Ltd. |
| 5:2017cv00322 |
| August 4, 2017 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Estill |
| Karen K Caldwell |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2019. A more recent docket listing may be available from PACER.
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Filing 27
JUDGMENT: In accordance with the opinion and order entered on this date, the Court hereby ORDERS and ADJUDGES as follows: 1) The defendant JI-EE Industry Co., LTD's motion to dismiss for lack of personal jurisdiction (DE 17) is GRANTED; 2) This action is DISMISSED and STRICKEN from the Court's active docket; and 3) This judgment is FINAL and APPEALABLE. Signed by Judge Karen K. Caldwell on 1/24/19.(JLM)cc: COR
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Filing 26
OPINION & ORDER: The Court ORDERS as follows: 1) JI-EE's motion to dismiss for lack of personal jurisdiction (DE 17) is GRANTED; 2) The plaintiffs' motion to transfer the case to federal court in South Carolina (DE 19) is DENIED; 3) The plaintiffs' motion for an oral argument (DE 19) is DENIED, no such argument being necessary; and 4) The plaintiffs' motion for additional discovery (DE 23) is DENIED. Signed by Judge Karen K. Caldwell on 1/24/19.(JLM)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #23 MOTION for Discovery by Connie Estes, Harold Estes (SCD)
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Filing 25
REPLY to Response to Motion re #23 MOTION for Discovery by Connie Estes, Harold Estes filed by Connie Estes, Harold Estes. (Hay, Richard)
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Filing 24
RESPONSE in Opposition re #23 MOTION for Discovery by Connie Estes, Harold Estes filed by JI-EE Industry Co., Ltd.. (Attachments: #1 Declaration of Richard Schuster)(Schuster, Richard)
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #19 MOTION for Transfer Pursuant to 28 USC 1406(a) by Connie Estes, Harold Estes (SCD)
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NOTICE OF DOCKET MODIFICATION TO Richard Hay re #22 REPLY BRIEF: Error: a link was created to the Response instead of the Motion. Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (SCD)
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Filing 23
MOTION for Discovery by Connie Estes, Harold Estes (Attachments: #1 Exhibit Request for Admissions, #2 Exhibit Data, #3 Exhibit Summary, #4 Exhibit Affidavit of Richard Hay, #5 Proposed Order)(Hay, Richard)
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Filing 22
REPLY BRIEF to #19 Motion for Transfer filed by Connie Estes, Harold Estes. (Attachments: #1 Affidavit Richard Hay, #2 Exhibit Summary of Shipments, #3 Exhibit Data)(Hay, Richard) Modified on 7/9/2018 (SCD).
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Filing 21
RESPONSE in Opposition re #19 MOTION for Order by Connie Estes, Harold Estes filed by JI-EE Industry Co., Ltd.. (Schuster, Richard)
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #17 MOTION to Dismiss for Lack of Jurisdiction by JI-EE Industry Co., Ltd. (KJR)
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Filing 20
REPLY to Response to Motion re #17 MOTION to Dismiss for Lack of Jurisdiction by JI-EE Industry Co., Ltd. filed by JI-EE Industry Co., Ltd.. (Schuster, Richard)
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NOTICE OF DOCKET MODIFICATION TO Richard Hay re #18 Response in Opposition to Motion: Error 1: This is a motion AND a response. The document was filed only as a response when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a Motion #19 . In the future, when filing multiple documents within one filing, please refer to the ECF User Manual "Filing Other Types of Documents" for the correct procedure. Error 2: attachments were insufficiently described as "Exhibit." 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 by counsel. cc: COR (SCD)
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Filing 19
MOTION for Transfer Pursuant to 28 USC 1406(a) by Connie Estes, Harold Estes. (Attachments: #1 Proposed Order)(See DE #18 for the exhibits to this motion.) (SCD) (Filed pursuant to QC re DE #18 )
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Filing 18
RESPONSE in Opposition re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Connie Estes, Harold Estes. (Attachments: #1 Exhibit - Website, #2 Exhibit - Transcript of Video, #3 Exhibit - Patent, #4 Exhibit - Dealers in KY, #5 Exhibit - Affidavit of Harold Estes, #6 Exhibit - Website, #7 Exhibit - Affidavit of Jordan Hay, #8 Exhibit - Invoice, #9 Exhibit - Declaration of Stephen Wu, #10 Exhibit - District Judges, #11 Proposed Order)(Hay, Richard) Modified on 6/4/2018 (SCD).
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Filing 17
MOTION to Dismiss for Lack of Jurisdiction by JI-EE Industry Co., Ltd. (Attachments: #1 Memorandum in Support, #2 Declaration of Richard Schuster with Exhibit A-E, #3 Declaration of Stephen Wu, #4 Proposed Order)(Schuster, Richard)
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Filing 16
AFFIDAVIT of Service for Complaint and Summons served on JI-EE Industry Co., Ltd. on July 6, 2017, filed by Connie Estes, Harold Estes. (Attachments: #1 Exhibit)(Hay, Richard)
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Filing 15
ORDER: #13 Motion for a 30-day extension of jurisdictional discovery for Plas' interrogatories to JI-EE to be answered is GRANTED. Signed by Judge Karen K. Caldwell on 3/26/2018. (SCD)cc: COR
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Filing 14
NOTICE of Service of Discovery by Connie Estes, Harold Estes (Hay, Richard) Modified on 3/26/2018 (SCD).
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Filing 13
MOTION for Extension of Time to Complete Discovery by Connie Estes, Harold Estes (Attachments: #1 Proposed Order)(Hay, Richard)
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Filing 12
NOTICE to Take Deposition of Steven Murph on March 19, 2018 @ 9:00 a.m. est by Connie Estes, Harold Estes. (Attachments: #1 Subpoena)(Hay, Richard)
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Filing 11
NOTICE of Service of Discovery by Connie Estes, Harold Estes (Hay, Richard) Modified on 2/28/2018 (SCD).
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Filing 10
OPINION AND ORDER: 1) Plas may conduct limited discovery pertaining only to the Court's ability to exercise personal jurisdiction over JI-EE. 2) This discovery MUST BE COMPLETED w/in 30 days of the entry date of this order. 3) Topics of such discovery are listed w/in order. 4) #7 MOTION to Dismiss will be DENIED. 5) W/in 21 days after the end of the discovery period, JI-EE may reassert a motion to dismiss challenging personal jurisdiction, if appropriate, w admissible evidence. If plas wish to respond to JI-EE's reasserted motion, they must do w admissible evidence in the time provided by the local rules. JI-EE may also submit a reply brief as provided by the Local Rules. Signed by Judge Karen K. Caldwell on 2/20/2018.(SCD)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #7 MOTION to Dismiss for Lack of Jurisdiction by JI-EE Industry Co., Ltd. (SCD)
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Filing 9
REPLY BRIEF to #7 MOTION to Dismiss for Lack of Jurisdiction filed by JI-EE Industry Co., Ltd.. (Schuster, Richard) Modified on 9/15/2017 (SCD).
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Filing 8
RESPONSE to Motion re #7 MOTION to Dismiss for Lack of Jurisdiction by JI-EE Industry Co., Ltd. filed by Connie Estes, Harold Estes. (Attachments: #1 Exhibit Ex 1 - ATV photographs, #2 Exhibit Ex 2 - E-Ton Dynamics documents, #3 Exhibit Ex 3 - U.S. Patents, #4 Exhibit Ex 4 - JI-EE documents, #5 Exhibit Ex 5 - E-Ton Distribution documents, #6 Exhibit Ex 6 - E-Ton America documents, #7 Exhibit Ex 7 - Summary E-Ton America Dealers list, #8 Exhibit Ex 8 - E-Ton America KY Dealers list, #9 Affidavit Ex 9 - Harold Estes affidavit, #10 Exhibit Ex 10 - E-Ton America's letter to U.S. CPSC, #11 Exhibit Ex 11 - Steven Wu business documents, #12 Proposed Order)(Hay, Richard)
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Filing 7
MOTION to Dismiss for Lack of Jurisdiction by JI-EE Industry Co., Ltd. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A - Declaration of Stephen Wu, #3 Proposed Order)(Schuster, Richard)
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Filing 6
ORDER GRANTING PRO HAC VICE ADMISSION OF ATTORNEY RICHARD A. SCHUSTER: The Court ORDERS that Richard A. Schuster is admitted PHV. Signed by Judge Karen K. Caldwell on 8/11/2017. (SCD)cc: COR, Richard A. Schuster w/ copy of Mandatory ECF General Order & ECF Registration form
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #5 MOTION for Richard A. Schuster to Appear Pro Hac Vice by JI-EE Industry Co., Ltd. (SCD)
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BAR STATUS Check completed as to Richard A. Schuster re #5 MOTION for Richard A. Schuster to Appear Pro Hac Vice. (SCD)
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Filing 5
MOTION for Richard A. Schuster to Appear Pro Hac Vice by JI-EE Industry Co., Ltd. ( Filing fee $125; receipt number 0643-3866078) (Attachments: #1 Affidavit of Richard Schuster, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)(Bush, John)
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Filing 4
FRCP 7.1 DISCLOSURE STATEMENT by JI-EE Industry Co., Ltd.. (Bush, John)
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Filing 3
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, John M. Bush. #1 Notice of Removal, has been filed by JI-EE Industry Co., Ltd. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (SCD)
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Filing 1
NOTICE OF REMOVAL filed by JI-EE Industry Co., Ltd. from Estill Circuit Court, case number 16-CI-191. (Filing fee $400; receipt number 0643-3862242) (Attachments: #1 State Court Record - Complaint, Summons, #2 State Court Record - Notice of Filing of Notice of Removal, #3 Civil Cover Sheet)(SCD)
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Conflict Check run. (SCD)
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