Acuity, A Mutual Insurance Company v. Bennett Construction LLC et al
Plaintiff: Acuity, A Mutual Insurance Company
Defendant: Bennett Construction LLC, 13 Triple Crown Holdings, LLC and Lowe's Home Centers, LLC
Case Number: 5:2021cv00082
Filed: March 26, 2021
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Karen K Caldwell
Referring Judge: Matthew A Stinnett
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2021 Filing 17 NOTICE OF OF SUBSTITUTION/WITHDRAWAL OF COUNSEL by Bennett Construction LLC (Thacker, Christopher) Modified text on 5/24/2021 (JLM).
May 18, 2021 Opinion or Order Filing 16 PRETRIAL ORDER: No later than 21 days before Pretrial Conference, counsel shall file: a. list of witnesses and exhibits: (i) witness lists as stated; (ii) witness lists with subject matter of testimony; (iii) exhibits lists with description of each exhibit; b. any motions in limine; c. transcript of evidentiary depositions to be used at trial and any motions for ruling by court. Any objection to depositions not raised specifically shall be deemed overruled. d. pretrial memorandum brief; e. proposed agreed jury instructions; f. proposed voir dire questions. 2. No later than 14 days before Pretrial Conference, parties shall file: a. written objections to witness/exhibit lists; b. responses to any motions in limine; c. responses to any motions for ruling on objections; 3. At Pretrial Conference, shall: a. discuss and make possible stipulations; b. disclose demonstrative or summary exhibits; c. display to court all exhibits to be used, pre-marked. Counsel shall provide copy of all documentary exhibits to court; d. discuss settlement; e. advise Court of anticipated technological issues at trial; 4. Pretrial Conference to be attended by all attorneys trying case along with parties and/or representatives. Signed by Judge Karen K. Caldwell on 5/18/2021.(SLH)cc: COR
May 18, 2021 Opinion or Order Filing 15 SCHEDULING ORDER: 1. Following deadlines shall be observed: a. Rule 26(a)(1) disclosures due 6/15/2021; b. Motions to join additional parties or amend pleadings due 10/8/2021; c. Supplementation of disclosures and responses as required by 26(e); d. Expert trial witnesses not anticipated; e. Discovery due NLT 11/15/2021; f. Dispositive motions filed NLT 12/14/2021; 2. No motions to compel, nor any other motions relating to discovery dispute shall be filed unless all counsel have first conferred; 3. Parties shall follow directives listed in order re discovery; 4. No extensions of deadlines set in this order or pretrial conference order shall be granted unless an appropriate motion is filed; 5. TELEPHONIC PRETRIAL CONFERENCE set for 6/1/2022 at 02:00 PM in LEXINGTON before Judge Karen K. Caldwell; 6. JURY TRIAL set for 7/18/2022 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell (5 days); This matter is referred to Magistrate Judge Matthew A. Stinnett (random draw) for the purpose of managing discovery and pretrial scheduling issues. Parties shall attempt to resolve discovery disputes amount themselves. If the parties are unable to resolve dispute, they shall attempt to resolve dispute w/ MJ. Party may file motion to compel if they are unsatisfied w/ MJ ruling. Obj to M's ruling due w/in 14 days. Signed by Judge Karen K. Caldwell on 5/18/2021.(SLH)cc: COR,D,JC
May 18, 2021 ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #14 Notice (KJR)
May 17, 2021 Filing 14 NOTICE of Report of Parties' Planning Meeting by Acuity, A Mutual Insurance Company (Chesnut, Pamela) Modified text on 5/18/2021 (KJR).
April 26, 2021 Attorney Update. Attorney Christopher Patrick Farris for Bennett Construction LLC added. (JLM)
April 23, 2021 Filing 13 FRCP 7.1 DISCLOSURE STATEMENT by Bennett Construction LLC identifying Corporate Parent Bennett Construction LLC for Bennett Construction LLC.. (Thacker, Christopher)
April 23, 2021 Filing 12 ANSWER to #1 Complaint,, by Bennett Construction LLC.(Thacker, Christopher)
April 19, 2021 Filing 11 FRCP 7.1 DISCLOSURE STATEMENT by Lowe's Home Centers, LLC. (Mays, Laura)
April 19, 2021 Filing 10 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Laura Leigh Mays has been filed by Lowe's Home Centers, LLC 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 (JLM)
April 16, 2021 Filing 9 ANSWER to #1 Complaint,, by Lowe's Home Centers, LLC.(Mays, Laura)
April 16, 2021 Attorney Update. Attorney Gregory A. Jackson for Lowe's Home Centers, LLC added. (JLM)
April 14, 2021 Filing 8 SUMMONS Returned Executed by Acuity, A Mutual Insurance Company via Certified Mail to 13 Triple Crown Holdings, LLC served on 4/2/2021, answer due 4/23/2021. (Chesnut, Pamela)
April 14, 2021 Filing 7 SUMMONS Returned Executed by Acuity, A Mutual Insurance Company via Certified Mail to Lowe's Home Centers, LLC served on 4/2/2021, answer due 4/23/2021. (Chesnut, Pamela)
April 14, 2021 Filing 6 SUMMONS Returned Executed by Acuity, A Mutual Insurance Company via Certified Mail to Bennett Construction LLC served on 4/2/2021, answer due 4/23/2021. (Chesnut, Pamela)
March 26, 2021 Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Acuity, A Mutual Insurance Company. (Chesnut, Pamela)
March 26, 2021 Filing 3 Summons Issued as to All Defendants ; Summons issued and returned to counsel electronically (Attachments: #1 Summons -Lowe's, #2 Summons -Triple Crown)(JER)
March 26, 2021 Filing 2 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Pamela Adams Chesnut and James M. Inman. #1 Complaint,, has been filed by Acuity, A Mutual Insurance Company 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 (JER)
March 26, 2021 Filing 1 COMPLAINT ( Filing fee $402; receipt number 0643-4931035), filed by Acuity, A Mutual Insurance Company. (Attachments: #1 Exhibit 1-State Court Record, Fayette Circuit Court, #2 Exhibit 2-Memorandum Opinion and Order, DE 8 from 5:19-cv-057, #3 Exhibit 3-Arbitration Proceedings, #4 Exhibit 4-General Contractor Services and Installation Services Agreement, #5 Exhibit 5-Bennet Construction LLC Insurance Policy, #6 Civil Cover Sheet, #7 Summons -Bennett, #8 Summons -Lowe's, #9 Summons -Triple Crown)(JER)
March 26, 2021 Conflict Check run. (JER)
March 26, 2021 NOTICE OF DOCKET MODIFICATION TO Pamela Adams Chesnut and James M. Inman re #1 Complaint: Error: attachments were insufficiently described as Exhibit 1,Exhibit 2. 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 bycounsel. cc: COR (JER)

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Plaintiff: Acuity, A Mutual Insurance Company
Represented By: Pamela Adams Chesnut
Represented By: James Michael Inman
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Defendant: Bennett Construction LLC
Represented By: Christopher L. Thacker
Represented By: Christopher Patrick Farris
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Defendant: 13 Triple Crown Holdings, LLC
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Defendant: Lowe's Home Centers, LLC
Represented By: Laura Leigh Mays
Represented By: Gregory A. Jackson
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