The Cincinnati Insurance Company v. Western Waterproofing Company, Inc. et al
Plaintiff: The Cincinnati Insurance Company
Defendant: Western Holding Group, Inc., Western Waterproofing Company, Inc., Western Specialty Group, Inc., Western Waterproofing Company of America, Western Specialty Group, Inc. doing business as Western Specialty Contractors, Western Waterproofing Company of America doing business as Western Specialty Contractors of America and Western Waterproofing Company, Inc. doing business as Western Specialty Contractors
Case Number: 5:2020cv00284
Filed: July 1, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Karen K Caldwell
Referring Judge: Matthew A Stinnett
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28:1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2020 Filing 19 NOTICE OF FILING by Western Waterproofing Company, Inc. (Fauth, Lisa)
August 24, 2020 Opinion or Order Filing 18 ORDER: IT IS HEREBY ORDERED that the date by which The parties shall file initial Rule 26 disclosures shall be extended by agreement to 09/04/2020. Signed by Judge Karen K. Caldwell on 08/24/2020. (MDC) cc: COR
August 21, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #17 Proposed Agreed Order by Western Waterproofing Company, Inc. (MDC)
August 20, 2020 Filing 17 Proposed Agreed Order by Western Waterproofing Company, Inc.. (Fauth, Lisa) Modified Filers on 8/21/2020 (MDC).
August 19, 2020 Filing 16 FRCP 7.1 DISCLOSURE STATEMENT by The Cincinnati Insurance Company. (Sloan, David)
August 17, 2020 Filing 15 NOTICE by Western Waterproofing Company, Inc. Service of Discovery to The Cincinnati Insurance Company (Casey, Michael)
August 12, 2020 Opinion or Order Filing 13 PRETRIAL ORDER:1. NLT 21 days before PTC, counsel file witness lists, exhibit lists, motions in limine, transcripts of evidentiary depositions to be used at trial, pretrial memorandum, proposed jury instructions, proposed voir dire; 2. NLT that 14 days prior to PTC parties file written objections, responses to motions; 3. At PTC counsel shall be prepared to discuss stipulations of admissibility, disclose & display exhibits, discuss possibility of settlement, advise of technological issues that may arise at trial; 4. PTC shall be attended by all attorneys trying the case with parties or representatives.. Signed by Judge Karen K. Caldwell on 8/12/2020.(KM)cc: COR, Edmund Perry via U.S. mail
August 12, 2020 Opinion or Order Filing 12 SCHEDULING ORDER: 1 (a) Parties shall exchange information required by Rule 26()(1) by 8/20/2020; (b) Motions to amended and Motions to Join Additional Parties due by 6/28/2021; (c) Supplementation of disclosures as required by Rule 26(e); (d) Expert witness reports due from plaintiff 6/7/2021; defendant 7/20/2021; (e) Discovery due by 8/20/2021; (f) Dispositive Motions due by 9/20/2021; 2. No motions to compel or any other motions relating to discovery dispute filed unless counsel have first conferred; 3. The parties shall observe directive listed herein this order regarding the filing of discovery material in this case; 4. No extensions of the deadlines set in this order unless an appropriate motion filed prior to expiration of deadline; 5. TELEPHONIC PRETRIAL CONFERENCE set for 3/2/2022 at 10:00 AM in LEXINGTON before Judge Karen K. Caldwell; 6. JURY TRIAL set for 4/5/2022 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell, counsel should be present by 8:30 a.m. (3 days). IT IS FURTHER ORDERED that this matter is referred to the Magistrate Judge (Stinnett) chosen by random draw for the purpose of managing all discovery and pretrial scheduling issues. Signed by Judge Karen K. Caldwell on 8/12/2020.(KM)cc: COR,D,JC, Edmund Perry via U.S. mail
August 10, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #11 Report of Rule 26(f) Planning Meeting (KM)
August 7, 2020 Filing 11 REPORT of Rule 26(f) Planning Meeting. (Casey, Michael)
August 6, 2020 Opinion or Order Filing 10 ORDER GRANTING TH EMOTION TO ADMIT EDMUND PERRY PRO HAC VICE: The Court GRANTS the #9 Motion for Edmund Perry to Appear Pro Hac Vice for Plaintiff The Cincinnati Insurance Company. Signed by Judge Karen K. Caldwell on 8/6/2020. (KM)cc: CORand Edmund Perry by US Mail with CM/ECF registration form
August 6, 2020 BAR STATUS Check completed as to Edmund Perry re #9 MOTION for Edmund Perry to Appear Pro Hac Vice by The Cincinnati Insurance Company ( Filing fee $125; receipt number 0643-4741931). (KM)
August 6, 2020 Filing 9 MOTION for Edmund Perry to Appear Pro Hac Vice by The Cincinnati Insurance Company ( Filing fee $125; receipt number 0643-4741931) (Attachments: #1 Affidavit David B. Sloan, #2 Affidavit Edmund Perry, #3 Exhibit Pennsylvania Certificate of Good Standing, #4 Exhibit New Jersey Certificate of Good Standing, #5 Proposed Order)(Sloan, David)
July 17, 2020 Opinion or Order Filing 8 AGREED ORDER OF PARTIAL DISMISSAL RE #7 Proposed Agreed Order of Partial Dismissal Without Prejudice: IT IS HEREBY ORDERED that Defendants Western Holding Group, Inc., Western Waterproofing Company of America d/b/a Western Specialty Contractors of America and Western Specialty Contractors are hereby dismissed without prejudice. The claims against Defendant Western Waterproofing Company, Inc., d/b/a Western Specialty Contractors is expressly preserved. Signed by Judge Karen K. Caldwell on 7/17/2020.(JJ)cc: COR
July 17, 2020 Filing 7 Proposed Agreed Order of Partial Dismissal Without Prejudice by Western Holding Group, Inc., Western Waterproofing Company of America. (Casey, Michael)
July 8, 2020 Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by Western Waterproofing Company, Inc. identifying Corporate Parent Western Holding Group, Inc. for Western Waterproofing Company, Inc... (Casey, Michael)
July 6, 2020 Opinion or Order Filing 5 ORDER FOR MEETING AND REPORT: 1) Parties meet w/in 21 days from the date of service of this Order; 2) Joint report due within 10 days after the meeting containing: a) discovery plan; b) parties' estimate of the time necessary to file PT motions; c) parties' belief as to whether the matter is suitable for some form of alternative dispute resolution such as mediation; d) Parties' estimate as to the probable length of trial; e) Parties' decision as to whether the matter may be referred to a USM Judge; f) Date mutually convenient for trial. In the event this matter involves a corporation or partnership, this party is directed to advise the Court at the time of the submission of the joint report of all parent corporations, subsidiaries, affiliates, members and/or partners w/ which it is associated. Signed by Judge Karen K. Caldwell on 07/06/2020. (MDC) cc: COR
July 1, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #2 Answer to Complaint (Notice of Removal) (MDC)
July 1, 2020 Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Michael P. Casey has been filed by Western Waterproofing Company, Inc., Western Waterproofing Company of America, Western Holding Group, Inc., Western Specialty Group, Inc. 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 (MDC)
July 1, 2020 Conflict Check run. (MDC)
July 1, 2020 Filing 2 ANSWER to Complaint (Notice of Removal) by Western Holding Group, Inc., Western Specialty Group, Inc., Western Waterproofing Company of America, Western Waterproofing Company, Inc. (MDC)
July 1, 2020 Filing 1 NOTICE OF REMOVAL from Fayette Circuit Court, case number 20-CI-01649. ( Filing fee $400; receipt number 0643-4711307), filed by Western Waterproofing Company of America, Western Holding Group, Inc., Western Waterproofing Company, Inc., Western Specialty Group, Inc.. (Attachments: #1 Exhibit A - Plaintiff's Complaint, #2 Exhibit B - Affidavit of Counsel, #3 Exhibit C- State Court Record)(MDC)

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Defendant: Western Holding Group, Inc.
Represented By: Michael P. Casey
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Defendant: Western Waterproofing Company, Inc.
Represented By: Michael P. Casey
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Defendant: Western Specialty Group, Inc.
Represented By: Michael P. Casey
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Defendant: Western Waterproofing Company of America
Represented By: Michael P. Casey
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Defendant: Western Specialty Group, Inc. doing business as Western Specialty Contractors
Represented By: Michael P. Casey
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Defendant: Western Waterproofing Company of America doing business as Western Specialty Contractors of America
Represented By: Michael P. Casey
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Defendant: Western Waterproofing Company, Inc. doing business as Western Specialty Contractors
Represented By: Michael P. Casey
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Plaintiff: The Cincinnati Insurance Company
Represented By: David Brian Sloan
Represented By: Edmund Perry
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