Elkins v. Extreme Products Group, LLC et al
| Brian Elkins |
| Dunham's Athleisure Corporation, Extreme Products Group, LLC, Lorraine Botello, Elite Fitness and James River Insurance Company |
| 5:2021cv00050 |
| February 22, 2021 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.
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Filing 25
NOTICE OF APPEARANCE by Lorraine Botello, James River Insurance Company. (Jordan, James)
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***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #24 Status Report (GLD)
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Filing 24
STATUS REPORT re Status of claims against Defendant Elite Fitness by Brian Elkins. (Attachments: #1 Exhibit Report of Warning Order Attorney)(Morrin, Robert)
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Filing 23
MOTION to Dismiss for failure to state a claim by Lorraine Botello (Attachments: #1 Proposed Order - Proposed Order Granting MTD)(Lamp, James)
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Filing 22
MOTION to Dismiss for failure to state a claim by James River Insurance Company (Attachments: #1 Proposed Order Proposed Order Granting MTD)(Lamp, James)
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Filing 21
ANSWER to #20 Amended Complaint by Dunham's Athleisure Corporation.(Call, Steven)
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Filing 20
AMENDED COMPLAINT against Lorraine Botello, Dunham's Athleisure Corporation, Elite Fitness, Extreme Products Group, LLC, James River Insurance Company, filed by Brian Elkins. Filed per Order #19 .(GLD)
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Filing 19
MEMORANDUM OPINION & ORDER: 1. Plaintiff's #12 MOTION to Remand is DENIED. 2. Plaintiff's construed motion to amend Complaint #13 is GRANTED. Clerk directed to file proposed Amended Complaint #15 . 3. Defendants James River Insurance Company and Lorraine Botello's #8 MOTION to Dismiss is DENIED, as moot. 4. Plaintiff DIRECTED to file STATUS REPORT indicating status of claims against Defendant Elite Fitness within 14 days. Signed by Judge Danny C. Reeves on 4/2/2021.(GLD)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #12 MOTION to Remand by Brian Elkins (GLD)
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Filing 18
RESPONSE to Motion re #12 MOTION to Remand by Brian Elkins filed by Extreme Products Group, LLC. (Miller, Donald)
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #8 MOTION to Dismiss for failure to state a claim by Lorraine Botello, James River Insurance Company (GLD)
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Filing 17
REPLY to Response to Motion re #8 MOTION to Dismiss for failure to state a claim by Lorraine Botello, James River Insurance Company filed by Lorraine Botello, James River Insurance Company. (Lamp, James)
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Filing 16
NOTICE TO ATTORNEY Justin T. Baxter by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney data form)(GLD)
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***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #15 Amended Complaint (GLD)
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NOTICE OF DOCKET MODIFICATION TO Robert Morrin re #15 Amended Complaint: Error: This document was not filed as an attachment to a motion. Correction: clerk tendered the Amended Complaint. An electronically submitted document requiring leave of Court shall be filed as an attachment to a motion and not as a separate entry. No further action required by counsel. cc: COR (GLD)
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Clerk's Note: re Notice of Docket Modification - entered in error. Counsel may disregard the notice. (GLD)
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Filing 15
TENDERED AMENDED COMPLAINT against All Defendants, filed by Brian Elkins.(Morrin, Robert) Modified on 3/22/2021 (GLD). Modified on 4/2/2021 (GLD).
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***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #11 Answer to Complaint, #5 Answer to Complaint (GLD)
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Filing 14
NOTICE OF FILING by Brian Elkins re #12 MOTION to Remand by Brian Elkins Stipulation Attachment for Motion to Remand (Attachments: #1 Attachment Stipulation to Damages)(Morrin, Robert)
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Filing 13
RESPONSE to Motion re #8 MOTION to Dismiss for failure to state a claim by Lorraine Botello, James River Insurance Company filed by Brian Elkins. (Attachments: **INCORRECT FILED* #1 Attachment Stipulation to Damages)(Morrin, Robert) Modified Text/Restriction per Atty Requests on 3/10/2021 (MDC).
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Filing 12
MOTION to Remand by Brian Elkins (Attachments: #1 Proposed Order Order Granting Motion to Remand)(Morrin, Robert) (Additional attachment(s) added on 3/11/2021: #2 Stipulation) (GLD).
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Filing 11
ANSWER to Complaint by Extreme Products Group, LLC.(Miller, Donald)
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NOTICE OF FEE REFUND APPROVED re #1 Notice of Removal; the fee transaction involving Receipt No. 0643-4902155 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $ 402 was successfully completed on 3/8/2021 at 10:04 a.m. cc: COR (KM)
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Filing 10
REQUEST FOR FEE REFUND TO CREDIT CARD by Extreme Products Group, LLC . (Miller, Donald)
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Filing 9
FRCP 7.1 DISCLOSURE STATEMENT by James River Insurance Company identifying Corporate Parent James River Group, Inc., Corporate Parent James River Group Holdings, Ltd. for James River Insurance Company.. (Lamp, James)
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Filing 8
MOTION to Dismiss for failure to state a claim by Lorraine Botello, James River Insurance Company (Attachments: #1 Proposed Order Proposed Order Granting MTD)(Lamp, James)
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***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #7 Notice (GLD)
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Filing 7
NOTICE by Brian Elkins Notice of Compliance (Morrin, Robert)
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Filing 6
FRCP 7.1 DISCLOSURE STATEMENT by Dunham's Athleisure Corporation. Filed Pursuant to QC #4 Notice. (GLD)
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Filing 5
ANSWER to Complaint with Jury Demand by Dunham's Athleisure Corporation.(Call, Steven)
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Filing 4
NOTICE by Dunham's Athleisure Corporation of Consent to Removal (Attachments: #1 Attachment Federal R. Civ P 7.1 Disclosure)(Call, Steven)
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Filing 2
FRCP 7.1 DISCLOSURE STATEMENT by Extreme Products Group, LLC. (JER)
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Filing 1
NOTICE OF REMOVAL from Madison Circuit Court, case number 21-ci-049. ( Filing fee $402; receipt number 0643-4902319), filed by Extreme Products Group, LLC. (Attachments: #1 Civil Cover Sheet, #2 Notice of Consent to Removal, #3 State Court Record -Notice of Filing of Notice of Removal, #4 State Court Record -Complaint, #5 State Court Record -Summons for Extreme Products Group, LLC, #6 State Court Record -Summons for Dunham's Athleisure Corporation, #7 State Court Record -Summons for James River Insurance Company, #8 State Court Record -Summons for Lorraine Botello, #9 State Court Record -Appointment of Warning Order Attorney, #10 State Court Record Affidavit for Appointment of Warning Order Attorney)(JER)
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Conflict Check run. (JER)
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