Barber v. Milbank Insurance Company
Plaintiff: James Barber
Defendant: Milbank Insurance Company
Case Number: 5:2021cv00213
Filed: August 12, 2021
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Edward B Atkins
Referring Judge: Karen K Caldwell
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2021 Opinion or Order Filing 10 PRETRIAL ORDER: 1. NLT 21 days before PTC counsel shall file the following: a. a list of witnesses & exhibits, b. any appropriate motion in limine, c. transcript of all evidentiary depositions to be used at trial along with any motions for ruling by the court upon objection made in evidentiary deposition, d. pretrial memorandum, e. proposed agreed jury instructions, f. proposed voir dire; 2. NTL 14 days before PTC the parties shall file: a. written objections, b. responses to any other party's motion in limine, c. responses to any other party's motion for ruling on objection made in evidentiary depositions; 3. At PTC, counsel for parties shall be prepared as listed herein this order; 4. PTC shall be attended by all attorneys who will be trying the case. Signed by Judge Karen K. Caldwell on 10/8/2021.(KM)cc: COR
October 8, 2021 Opinion or Order Filing 9 SCHEDULING ORDER: 1. The following deadlines shall be observed in this action: (a) Counsel shall exchange required Rule 26(a)(1) information by 10/30/2021; (b) Motions to Amended Pleadings & Join Additional Parties due by 10/30/2021; (C) Supplementation of disclosures & responses as required by Rule 26(e); (d) Reports from expert witness due from plaintiff 1/31/2022 and from defendant 2/28/2022; (e) Discovery due by 4/30/2022; (f) Dispositive Motions due by 5/15/2022; 2. No motions to compel, nor any other motions relating to a discovery dispute shall be filed unless all counsel has first conferred; 3. Parties shall follow the directives listed herein regarding the filing of discovery materials; 4. No extensions of the deadlines in this order, or those contained in the separate pretrial conference order shall be granted unless appropriate motion is filed prior to expiration of the deadlines in question & upon showing of good cause; 5. FINAL PRETRIAL CONFERENCE set for 11/15/2022 at 01:00 PM in LEXINGTON before Judge Karen K. Caldwell; 6. JURY TRIAL set for 12/12/2022 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell, counsel should be present by 8:30 a.m. (4 days). IT IS FURTHER ORDERED this matter is referred to the Magistrate Judge (Atkins) chosen by random draw for the purposes of managing all discovery and pretrial scheduling issues. Signed by Judge Karen K. Caldwell on 10/8/2021.(KM)cc: COR,D,JC
October 6, 2021 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #8 Report of Rule 26(f) Planning Meeting (KM)
October 5, 2021 Opinion or Order Filing 8 REPORT of Rule 26(f) Planning Meeting. (Hull, M.)
October 4, 2021 Opinion or Order Filing 7 ORDER: The Court ORDERS that WITHIN 7 DAYS FROM THE ENTRY DATE OF THIS ORDER the parties shall either 1) file the joint status report as set forth in the 8/18/2021 order or 2) file an Agreed Order of Dismissal. Failure to comply with this order may result in sanctions and dismissal ofthis action. Signed by Judge Karen K. Caldwell on 10/4/2021.(KM)cc: COR
September 13, 2021 Opinion or Order Filing 6 NOTICE of Consent to Magistrate Judge Referral by James Barber. (JER)
August 18, 2021 Opinion or Order Filing 5 ORDER FOR MEETING AND REPORT: 1. Rule 26 meeting w/in 21 days; 2. W/in 10 days after meeting the parties shall file a joint status report containing: a. discovery plan; b. time to file pretrial motions; c. whether this matter is suitable for alternative resolution; d. Probable trial length; e. Parties' decision as to whether this matter may be referred to a Magistrate Judge; f. Mutually convenient dates for trial. Signed by Judge Karen K. Caldwell on 8/18/2021. (Attachments: #1 AO85-Consent to MJ)(SLH)cc: COR
August 18, 2021 Opinion or Order Filing 4 ANSWER to Complaint by Milbank Insurance Company.(Hull, M.)
August 13, 2021 Opinion or Order Conflict Check run. (KM)
August 12, 2021 Opinion or Order Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Milbank Insurance Company identifying Corporate Parent State Auto Mutual Insurance Company, Corporate Parent State Auto Financial Corporation for Milbank Insurance Company.. (KM)
August 12, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from Scott Circuit Court, case number 21-CI-518. (Filing fee $402; receipt number 0643-5041143), filed by Milbank Insurance Company. (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B -Affidavit of Corporate Representative, #3 Exhibit C - Proof of Loss, #4 Exhibit D - State Court Notice of Filing of Removal, #5 Civil Cover Sheet)(KM)

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Plaintiff: James Barber
Represented By: Richard M. Rawdon, Jr.
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Defendant: Milbank Insurance Company
Represented By: James P. Nolan, II
Represented By: M. Tyler Hull
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