Perlick v. Herman
| Steven J. Perlick |
| Alan G. Herman |
| 5:2018cv00486 |
| August 7, 2018 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Fayette |
| Claria Horn Boom |
| Robert E Wier |
| Contract: Other |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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| Document Text |
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Filing 17
ORDER: Because Herman has not, on this record, established a valid basis for subject matter jurisdiction, the Court REMANDS this case to Fayette Circuit Court and STRIKES it from this Court's active docket. Signed by Judge Robert E. Wier on 9/12/2018.(STC)cc: COR,Fayette Circuit Court
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| ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #16 REPLY to Order. (GLD) |
| Filing 16 REPLY to #12 #6 Regarding Amount in Controversy filed by Alan G. Herman. (Allen, Benjamin) Modified to add link to Order on 9/5/2018 (GLD). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #15 RESPONSE to Show Cause Order (GLD) |
| Filing 15 RESPONSE to #13 , #14 Response to Defendant's Response to the Court's Order to Show Cause with Regard to Diversity Jurisdiction filed by Steven J. Perlick. (Norman, Medrith) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #14 Response to Order to Show Cause (GLD) |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Alan G. Herman #13 filed by Alan G. Herman. (Attachments: #1 Exhibit 1-Tax Assessor Record for Steven Perlick)(Allen, Benjamin) |
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Filing 13
ORDER: The Court ORDERS Herman, the removing party, to show cause within 3 days why the case should not be remanded for lack of jurisdiction. Perlick MAY respond within three days. Matter will then stand submitted. Signed by Judge Robert E. Wier on 8/29/2018.(GLD)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #12 RESPONSE to Defendant's Show Cause Response (GLD) |
| Filing 12 RESPONSE to #6 , #7 Response to Defendant's Response to the Court's Order to Show Cause with Regard to Diversity Jurisdiction filed by Steven J. Perlick. (Norman, Medrith) |
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Filing 11
ORDER: The Court GRANTS Defendant's #9 Motion for Peter R. Ginsberg to Appear Pro Hac Vice by Alan G. Herman. Signed by Judge Robert E. Wier on 8/24/2018. (JJ)cc: COR, w/ copy of Mandatory ECF General Order & ECF Registration form to Peter R. Ginsberg Modified text on 8/24/2018 (JJ).
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| ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #7 Response to Order to Show Cause (JJ) |
| BAR STATUS Check completed re #9 MOTION for Peter R. Ginsberg to Appear Pro Hac Vice by Alan G. Herman ( Filing fee $125; receipt number 0643-4152315). (JJ) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re MOTION to Dismiss by Alan G. Herman MOTION to Stay re #1 Notice of Removal, by Alan G. Herman (JJ) |
| Filing 10 NOTICE OF FILING by Alan G. Herman re #1 Notice of Removal, re: Motion to Dismiss (Attachments: #1 Proposed Order Granting Motion to Dismiss)(Allen, Benjamin) |
| Filing 9 MOTION for Peter R. Ginsberg to Appear Pro Hac Vice by Alan G. Herman ( Filing fee $125; receipt number 0643-4152315) (Attachments: #1 Exhibit A-NY Certificate of Good Standing, #2 Exhibit B-Declaration of Peter Ginsberg, #3 Proposed Order)(Allen, Benjamin) |
| Filing 8 REPLY to Response to Motion re MOTION to Dismiss by Alan G. Herman MOTION to Stay re #1 Notice of Removal, by Alan G. Herman filed by Alan G. Herman. (Attachments: #1 Exhibit Table of Exhibits, #2 Exhibit A-NYS Racing License Application, #3 Exhibit B-Letter, #4 Exhibit C-Exhale Entrps Invoice, #5 Exhibit D-Neuman E-Mail, #6 Exhibit E-Dr. Baskin Profile, #7 Affidavit Declaration of Alan G. Herman)(Allen, Benjamin) |
| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Alan G. Herman #6 filed by Alan G. Herman. (Allen, Benjamin) |
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Filing 6
ORDER: Herman, removing party, show cause within 10 days why the case should not be dismissed for lack of jurisdiction, on this basis. Perlick SHALL respond to Herman's filing within 5 days. The Court does not, at this time, permit a reply. Herman, the removing defendant, justify the existence of diversity jurisdiction, on this ground, briefing any logically implicated topic within 14 days. Perlick SHALL respond within 10 days of Hermans filing. Herman MAY reply within 5 days of the response. Herman SHALL clarify, within 10 days, whether the Ginsberg PHV motion remains pending in this court and, if so, the basis for granting it, under the applicable Local Rule and law. Perlick SHALL respond within 5 days. The Court, at this time, does not permit a reply on this topic. Signed by Judge Robert E. Wier on 8/13/2018.(STC)cc: COR
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| Filing 5 RESPONSE to Motion re MOTION to Dismiss by Alan G. Herman MOTION to Stay re #1 Notice of Removal, by Alan G. Herman Response to Defendant's Motion to Dismiss filed by Steven J. Perlick. (Attachments: #1 Exhibit 1 - Affidavit of Steve Perlick, #2 Exhibit 2 - Affidavit in Support)(Norman, Medrith) |
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Filing 3
ORDER OF RECUSAL: IT IS ORDERED that Judge Claria Horn Boom RECUSES from this matter. The Court hereby DIRECTS the Clerk of Court to reassign the case by random draw to another Judge (Robert E. Wier) accepting cases on the Lexington docket. Signed by Judge Claria Horn Boom on 8/9/2018.(KM)cc: COR
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| Conflict Check run. (GLD) |
| Filing 1 NOTICE OF REMOVAL from Fayette Circuit Court, case number 18-CI-2334. ( Filing fee $400; receipt number 0643-4139008), filed by Alan G. Herman. (Attachments: #1 State Court Record, #2 State Court Record - State Court Notice of Filing Removal)(GLD) (Additional attachment(s) added on 8/24/2018: #3 Proposed Order to Motion to Dismiss) (JJ). |
| MOTION to Dismiss and Motion to Stay by Alan G. Herman. (Located at DE #1 Notice of Removal, as part of the state court record. (GLD) (JJ). Modified on 8/24/2018 (CBD). |
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| Plaintiff: Steven J. Perlick | |
| Represented By: | Medrith Lee Norman |
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| Defendant: Alan G. Herman | |
| Represented By: | Benjamin D. Allen |
| Represented By: | John Thomas Rawlings, Jr. |
| Represented By: | Peter R. Ginsberg |
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