Walden v. Enterprise Services Group, LLC et al

Plaintiff: Charles L. Walden
Defendant: National Idemnity Group of Insurance Companies, Enterprise Services Group, LLC, Clarence M. Howard, National Indemnity Company, Vince Kline and Progressive Casualty Insurance Company
Case Number: 5:2022cv00238
Filed: September 19, 2022
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Karen K Caldwell
Referring Judge: Matthew A Stinnett
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Tort/Motor Vehicle (
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2022 Filing 20 NOTICE by Charles L. Walden Notice of Service of Discovery Answer to ESG (Morrin, Robert)
November 2, 2022 Filing 19 NOTICE of Appearance by Jillian Dove House on behalf of Progressive Casualty Insurance Company (House, Jillian)
November 2, 2022 Attorney Update. Attorney Jillian Dove House,Catherine L. Coldiron Joseph for Progressive Casualty Insurance Company,Jillian Dove House,Catherine L. Coldiron Joseph for Progressive Casualty Insurance Company added. (JLM)
October 26, 2022 Filing 18 NOTICE by Charles L. Walden Notice of Service of Discovery Answers to Progressive (Morrin, Robert)
October 20, 2022 Filing 17 AMENDED NOTICE to Take Deposition of Charles L. Walden on Tuesday, December 13, 2022, at 1:30 p.m or immediately after deposition of Clarence M. Howard. by Enterprise Services Group, LLC.(Ridings, Marcia)
October 20, 2022 Filing 16 AMENDED NOTICE to Take Deposition of Clarence M Howard on 12/13/22 1:00 pm by Charles L. Walden.(Morrin, Robert)
October 18, 2022 Filing 15 PRETRIAL ORDER: 1. 21 days before PTC, counsel file: a. witness and exhibit lists; b. motions in limine; c. transcript of evidentiary depos to be used at trial; d. pretrial memo; e. proposed agreed jury instructions; f. proposed voir dire questions; 2. No later than 14 days before PTC, parties file: written obj to exhibit/witness lists; b. responses to motions in limine; c. responses to motions for ruling on obj made in evidentiary depo; 3. At PTC, counsel be prepared to: a. discuss and make stipulations of admissibility of exhibits, fact; b. disclose demonstrative or summary exhibits; c. display to court all exhibits intended to be used at trial, pre-marked; d. discuss possibility of settlement; e. advise Court of technological issues; 4. PTC shall be attended by all attorneys trying case. Signed by Judge Karen K. Caldwell on 10/18/22.(JLM)cc: COR
October 18, 2022 Filing 13 SCHEDULING ORDER: 1. Pltf exchange info required by Rule 26(a)(1) by 12/01/22. Dft by 1/01/23. Pltf shall have to and including 4/01/23 to file motions to join add'l parties or amend pleadings. Dfts shall have to and including 6/01/23. Supplemental discl/responses need not be filed in record. Reports from expert trial witnesses due from pltf by 10/01/23; from dfts by 12/01/23; Fact disc due by 4/01/24. Expert disc by 4/01/24. Dispositive/Daubert motions filed NLT 5/01/24. No ext of time granted by USMJ or by agreement of parties. 2. No motions to complel, nor any other motions re: disc dispute shall be filed unless all counsel involved have first conferred; 3. Parties shall observe directives re: filing of disc materials a. Rule 26(a)(I) initial disc, interrogatories, answers or other responses shall not be filed; b. portions of any disc depos cited in any motion for sj, or which may be used at trial shall be filed in record; 4. No ext of ddls in this order, or separate PTC order shall be granted unless an app motion is filed; 5. FINAL PRETRIAL CONFERENCE set for 11/5/2024 at 10:00 AM in LEXINGTON before Judge Karen K. Caldwell. JURY TRIAL set for 12/9/2024 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell, counsel present by 8:30 a.m. (5 days). Matter referred to Magistrate Judge (Stinnett) by random draw for managing all disc and PT scheduling issues. Signed by Judge Karen K. Caldwell on 10/18/22.(JLM)cc: COR,D,JC
October 18, 2022 Filing 12 ORDER: 1. granting #8 Motion to Bifurcate and stay discovery on the bad faith claims; 2. Discovery on the bad faith claims is STAYED until the negligence and UIM claims are resolved; 3. The Court SHALL ENTER a scheduling order for the resolution of Walden's negligence and UIM claims; and 4. Following the conclusion of those claims and if necessary, the Court SHALL SET a status conference to establish a schedule for the resolution of the remaining bad faith claims. Signed by Judge Karen K. Caldwell on 10/18/22. (JLM)cc: COR
October 14, 2022 ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #8 MOTION to Bifurcate by Vince Kline, National Idemnity Group of Insurance Companies (JLM)
October 12, 2022 ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #11 Report of Rule 26(f) Planning Meeting (JLM)
October 11, 2022 Filing 11 JOINT REPORT of Rule 26(f) Planning Meeting. (Ridings, Marcia)
September 28, 2022 Filing 10 NOTICE to Take Deposition of Charles L. Walden on Friday, November 4, 2022, at 1:30 p.m. or immediately after the deposition of Clarence M. Howard by Enterprise Services Group, LLC.(Ridings, Marcia)
September 28, 2022 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Robert Morrin re #9 Notice to Take Deposition; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (JLM)
September 27, 2022 Filing 9 NOTICE to Take Deposition of Clarence M. Howard on 11/04/22 1:00 pm by Charles L. Walden.(Morrin, Robert)
September 22, 2022 Filing 8 MOTION to Bifurcate by Vince Kline, National Idemnity Group of Insurance Companies (Attachments: #1 Proposed Order)(Barfield, Mindy)
September 20, 2022 Filing 7 ORDER FOR MEETING AND REPORT: W/in 21 days, parties meet; NLT 14 days after meeting, file report; If any party to this action is a corporation, a LLC, or partnership, that party MUST FILE a Disclosure Statement at the time the joint report is filed. Signed by Judge Karen K. Caldwell on 9/20/22.(JLM)cc: COR
September 20, 2022 Filing 6 NOTICE: All parties and counsel are hereby notified that the undersigned's stepson, Lloyd R. Cress, Jr., is employed as a non-equity member of Dinsmore & Shohl, LLP. Signed by Judge Karen K. Caldwell on 9/20/22.(JLM)cc: COR
September 20, 2022 Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by National Idemnity Group of Insurance Companies identifying Corporate Parent Berkshire Hathaway, Inc. for National Idemnity Group of Insurance Companies.. (Barfield, Mindy)
September 20, 2022 ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #1 Notice of Removal, Answer to Complaint (Notice of Removal), #4 Answer to Complaint, Answer to Complaint (Notice of Removal) (SAM)
September 19, 2022 Filing 4 ANSWER to Complaint by Vince Kline, National Idemnity Group of Insurance Companies.(Barfield, Mindy)
September 19, 2022 Filing 3 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Mindy G. Barfield. #1 Notice of Removal, has been filed by National Indemnity 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 (SAM)
September 19, 2022 Filing 1 NOTICE OF REMOVAL from Madison Circuit Court, case number 22-CI-00345. ( Filing fee $402; receipt number AKYEDC-5366151), filed by National Idemnity Group of Insurance Companies. (Attachments: #1 State Court Record Complaint, Answer, and Crossclaim, #2 Exhibit NICO Declaration, #3 Civil Cover Sheet)(SAM)
September 19, 2022 Conflict Check run. (SAM)
September 19, 2022 ANSWER to Complaint (Notice of Removal) by Enterprise Services Group, LLC, Clarence M. Howard. FILED IN STATE COURT RECORD. SEE #1 (SAM)
September 19, 2022 ANSWER to Complaint and Crossclaim Against Clarence M. Howard (Notice of Removal) by Progressive Casualty Insurance Company. FILED IN STATE COURT RECORD. SEE #1 (SAM) Modified text on 9/19/2022 (SAM).
September 19, 2022 CROSSCLAIM against Clarence M. Howard, filed by Progressive Casualty Insurance Company. FILED IN STATE COURT RECORD. SEE #1 (SAM)

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Defendant: National Idemnity Group of Insurance Companies
Represented By: Mindy G. Barfield
Represented By: Shadette Page Johnson
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Defendant: Enterprise Services Group, LLC
Represented By: Marcia Milby Ridings
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Defendant: Clarence M. Howard
Represented By: Marcia Milby Ridings
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Defendant: National Indemnity Company
Represented By: Mindy G. Barfield
Represented By: Shadette Page Johnson
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Defendant: Vince Kline
Represented By: Mindy G. Barfield
Represented By: Shadette Page Johnson
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Defendant: Progressive Casualty Insurance Company
Represented By: Gregg E. Thornton
Represented By: Catherine L. Coldiron Joseph
Represented By: Jillian Dove House
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Plaintiff: Charles L. Walden
Represented By: Robert A. Morrin
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