Silverburg et al v. Kentucky Industrial et al
| Joseph L. Silverburg |
| Kentucky Industrial, Lisa Wright, Jeff Duff, Emily Hudson, Rick Peavler and US LBM |
| Calwell Trey Smith |
| 5:2022cv00272 |
| October 17, 2022 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Karen K Caldwell |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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| Filing 46 CERTIFIED MAIL RECEIPT to Joseph L. Silverburg re #45 Order to Show Cause. (MDC) |
Filing 45
ORDER TO SHOW CAUSE: Plaintiff Joseph L. Silverburg show cause why his Complaint should not be dismissed by December 16, 2022. IT IS FURTHER ORDERED that the Clerk shall mail this Order via USPS Certified Mail, postage prepaid, to Plaintiff Silverburg at his address of record - 39 Corral Street, Lexington, Kentucky 40508 - with return receipt requested. Signed by Magistrate Judge Edward B. Atkins on 12/07/22.(JLM)cc: COR and Silverburg by US Mail
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| Filing 44 Mail Returned as Undeliverable. Mail sent to Joseph L. Silverburg re #25 Order on Motion to Vacate (SLH) |
| Filing 43 Mail Returned as Undeliverable. Mail sent to Joseph L. Silverburg re #26 Order (SLH) |
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Filing 42
ORDER & REPORT AND RECOMMENDATIONS re #29 MOTION for Leave to Proceed in forma pauperis filed by Joseph L. Silverburg. IT IS ORDERED that: (a) Plaintiff Silverburg and Mr. Smith shall file a Consolidated Amended Complaint no later than December 15, 2022;(b) Plaintiff Silverburg's Motion to File an Amended Complaint [R. #22 ] is DENIED AS MOOT in light of this Order directing him to file a Consolidated Amended Complaint with Mr. Smith; (c) Defendants shall file a responsive pleading to Plaintiff Silverburg and Mr. Smith's Consolidated Amended Complaint no later than fourteen days after it is filed; (d) Mr. Smith's motions for joinder and to intervene [R. #23 ; R. #24 ] are taken under advisement; (e) The responsive deadline set by prior Order entered November 22, 2022 [R. #31 ] is VACATED; and (f) Mr. Smith's motion for leave to submit medical information to the Court [R. #27 ] is DENIED WITHOUT PREJUDICE, and may be refiled if necessary after filing of the Consolidated Amended Complaint, Answer, and entry of a Scheduling Order. IT IS RECOMMENDED that: (a) Mr. Smith's motion to proceed in forma pauperis [R. #29 ] be DENIED. Objections due w/in 14 days after service. Signed by Magistrate Judge Edward B. Atkins on 12/01/22.(JLM)cc: COR and Silverburg and Smith by US Mail
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Filing 41
ORDER: denying #39 Motion to Vacate #39 MOTION to Vacate #18 Order by Joseph L. Silverburg, Calwell Trey Smith. Signed by Judge Karen K. Caldwell on 12/01/22. (JLM)cc: COR and Silverburg, Smith by US Mail
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| ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #40 Response to Motion, (JLM) |
| Filing 40 RESPONSE to Motion re #23 MOTION for Joinder by Calwell Trey Smith, #22 MOTION to Amend/Correct by Joseph L. Silverburg, #24 MOTION to Intervene by Calwell Trey Smith filed by Jeff Duff, Emily Hudson, Kentucky Industrial, Rick Peavler, US LBM, Lisa Wright. (McDonald, John) |
| Filing 39 OBJECTIONS & MOTION to Vacate #18 Order by Joseph L. Silverburg, Calwell Trey Smith, Pro Se. (MDC) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #39 OBJECTION & MOTION to Vacate #18 Order by Joseph L. Silverburg, Calwell Trey Smith, Pro Se. (MDC) |
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Filing 38
ORDER: denying #28 Plt's Motion to Recuse. Signed by Judge Karen K. Caldwell on 11/23/22. (JLM)cc: COR and Silverburg by US Mail
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| Filing 37 NOTICE by Jeff Duff, Emily Hudson, Rick Peavler, Lisa Wright CONSENT TO REMOVAL (McDonald, John) |
| Filing 36 WAIVER OF SERVICE Returned Executed by Jeff Duff. (McDonald, John) |
| Filing 35 WAIVER OF SERVICE Returned Executed by Lisa Wright. (McDonald, John) |
| Filing 34 WAIVER OF SERVICE Returned Executed by Emily Hudson. (McDonald, John) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Rick Peavler. (McDonald, John) |
| NOTICE OF DOCKET MODIFICATION TO John T. McDonald re #32 Response to Motion; Error: attachments were insufficiently described as Exhibit A, Exhibit B. 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 by counsel. (JLM) |
| ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: #32 Response to Motion, (JLM) |
| Filing 32 RESPONSE to Motion re #28 MOTION to Disqualify Judge by Joseph L. Silverburg filed by Kentucky Industrial, US LBM. (Attachments: #1 Exhibit 1, Email failure notification, #2 Exhibit 2, Text message to pltf, #3 Exhibit 3, Mailing to pltf at address on file)(McDonald, John) Modified on 11/23/2022 (JLM). |
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Filing 31
(VACATED pursuant to Order, DE #42 ) ORDER: Defendants shall file a responsive pleading to Plaintiff Silverburg's Complaint by December 9, 2022. Signed by Magistrate Judge Edward B. Atkins on 11/22/22.(JLM)cc: COR and Silverburg by US Mail Modified on 12/1/2022 (JLM).
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| ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #30 Report of Rule 26(f) Planning Meeting (JLM) |
| Filing 30 REPORT of Rule 26(f) Planning Meeting. (McDonald, John) |
| ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re #28 MOTION to Disqualify Judge, #27 MOTION for Leave to file third party medical record, and #29 MOTION for Leave to Proceed in forma pauperis by Joseph L. Silverburg, Pro Se. (MDC) |
| Filing 29 MOTION for Leave to Proceed in forma pauperis by Calwell Trey Smith, Pro Se. Motions referred to Edward B. Atkins. (MDC) Modified filer on 12/7/2022 (JLM). |
| Filing 28 MOTION and Affidavit to Disqualify Judge by Joseph L. Silverburg, Pro Se. Motions referred to Edward B. Atkins. (MDC) |
| Filing 27 MOTION for Leave to file third party medical record by Joseph L. Silverburg, Pro Se. Motions referred to Edward B. Atkins. (Attachments: #1 Attachment Caldwell Smith - Medical record) (MDC) |
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Filing 26
ORDER: Dfts shall file a response to Pla's #23 & #24 MOTIONS by 12/2/2022. Signed by Magistrate Judge Edward B. Atkins on 11/18/2022. (MDC) cc: COR and Joseph L. Silverburg by US Mail
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Filing 25
ORDER: 1) Pla's #21 Motion to Vacate the Court's Order is DENIED; 2) Dfts MUST SERVE the Pla with a copy of every document file into the record. Signed by Judge Karen K. Caldwell on 11/18/2022. (MDC) cc: COR and Joseph L. Silverburg by US Mail
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| Filing 24 MOTION for Intervention by Calwell Trey Smith, pro se. Motions referred to Edward B. Atkins. (JLM) |
| Filing 23 MOTION for Joinder by Calwell Trey Smith, pro se. Motions referred to Edward B. Atkins. (JLM) |
| Filing 22 MOTION to Amend Complaint by Joseph L. Silverburg, pro se. Motions referred to Edward B. Atkins. (JLM) |
| ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re #22 MOTION to Amend/Correct by Joseph L. Silverburg, #23 MOTION for Joinder by Calwell Trey Smith, #24 MOTION to Intervene by Calwell Trey Smith (JLM) |
| Filing 21 MOTION to Vacate And/Or Set Aside the Court's Order Granting the Defendants an Extension of Time by Joseph L. Silverburg Motions referred to Edward B. Atkins. (SAM) |
| ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re #21 MOTION to Vacate by Joseph L. Silverburg (SAM) |
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Filing 20
ORDER: 1. No later than 11/21/2022, each party file report re discovery plan, any scheduling order deadlines/requirements, estimate of time necessary to file pretrial motions, alternative dispute resolution and timing thereof, estimate of length of trial and dates convenient for trial. Signed by Magistrate Judge Edward B. Atkins on 11/4/2022.(STC)cc: COR and Joseph Silverburg by US Mail
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Filing 18
ORDER: 1. Silverburg's #10 MOTION for settlement conference is DENIED as premature at this juncture. The Court will refer this matter to a magistrate judge to determine whether a settlement conference is appropriate & if so when the conference should take place; 2. Silverburg's #13 MOTION for Temporary Restraining Order or Preliminary Injunction and his #14 MOTION for the Court to take judicial notice are DENIED; 3. This matter is REFERRED to a magistrate judge (Edward B. Atkins) for all pretrial purposes a) the conducting of a settlement conference as the magistrate judge finds appropriate, b) all scheduling and discovery matters; and c) the filing of recommendations on any dispositive motions. Signed by Judge Karen K. Caldwell on 11/4/2022.(KM)cc: COR and Joseph Silverburg by U.S. mail
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| Filing 17 RESPONSE to Motion re #13 MOTION for Temporary Restraining Order by Joseph L. Silverburg MOTION for Preliminary Injunction by Joseph L. Silverburg, #14 MOTION for Order by Joseph L. Silverburg filed by Kentucky Industrial, US LBM. (Salsburey, Joshua) |
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Filing 16
ORDER: granting #15 Motion for Extension of Time. Defendants will have up to and including fourteen (14) days after a judicial settlement conference, to the extent necessary, in which to answer or otherwise respond to the Complaint. Signed by Judge Karen K. Caldwell on 11/01/22. (JLM)cc: COR and Silverburg by US Mail
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| ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #17 Response to Motion. (JLM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #15 MOTION for Extension of Time by Kentucky Industrial, US LBM (JLM) |
| Filing 15 MOTION for Extension of Time by Kentucky Industrial, US LBM Motions referred to P SO. (Attachments: #1 Proposed Order)(Salsburey, Joshua) |
| Filing 14 MOTION for Taking Mandatory Judicial Notice Pursuant to Federal Rule Evidence 201 by Joseph L. Silverburg, pro se. Motions referred to P SO. (Attachments: #1 Exhibit -Case Related Correspondence)(JER) |
| Filing 13 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Joseph L. Silverburg, pro se. Motions referred to P SO. (Attachments: #1 Exhibit -Personal Information)(JER) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #13 MOTION for Temporary Restraining Order & MOTION for Preliminary Injunction, #14 MOTION for Taking Mandatory Judicial Notice Pursuant to Federal Rule Evidence 201 by Joseph L. Silverburg, pro se. (JER) |
| Filing 12 RESPONSE to #10 Motion for Hearing Plaintiff's Motion Pursuant to Rule 16 filed by US LBM. (Salsburey, Joshua) Modified on 10/28/2022 (STC). |
| Filing 10 MOTION for Hearing by Joseph L. Silverburg (SAM) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #10 MOTION for Hearing by Joseph L. Silverburg (SAM) |
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Filing 9
ORDER: 1. granting #8 Dfts' Motion for Extension of Time; Defendants will have up to and including November 7, 2022 to answer or otherwise respond to the Complaint. Signed by Judge Karen K. Caldwell on 10/25/22. (JLM)cc: COR and Silverburg by U.S. mail. Modified on 10/25/2022 (JLM).
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #8 MOTION for Extension of Time by Kentucky Industrial, US LBM to Respond to Complaint (JLM) |
| Filing 8 MOTION for Extension of Time by Kentucky Industrial, US LBM to Respond to Complaint (Attachments: #1 Proposed Order Motion for Extension of Time)(Morgan, Donald) |
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Filing 7
ORDER: granting #6 Motion to appear pr hac vice and John T. McDonald is hereby admitted to practice in the United States District Court for the Eastern District of Kentucky for purposes of this case only. Signed by Judge Karen K. Caldwell on 10/20/22. (JLM)cc: COR and John T. McDonald by US Mail
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| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to John T. McDonald: re #7 Order on Motion for Leave. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to John T. McDonald (JLM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #6 MOTION for Leave by Kentucky Industrial, US LBM to File Motion for Pro Hac Vice - John T. McDonald - Receipt # AKYEDC-5390943 (JLM) |
| Filing 6 MOTION for Leave by Kentucky Industrial, US LBM to File Motion for Pro Hac Vice - John T. McDonald - Receipt # AKYEDC-5390943 (Attachments: #1 Exhibit A; Declaration for Admission Pro Hac Vice - John T. McDonald, #2 Proposed Order Order - Motion for Pro Hac Vice - John McDonald, #3 Receipt Payment Receipt)(Morgan, Donald) |
| Attorney Update. Attorney John T. McDonald for Kentucky Industrial,John T. McDonald for US LBM added. (JLM) |
| BAR STATUS Check completed as to John T. McDonald re #6 MOTION for Leave by Kentucky Industrial, US LBM to File Motion for Pro Hac Vice - John T. McDonald - Receipt # AKYEDC-5390943. (JLM) |
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Filing 5
STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions.. Signed by Judge Karen K. Caldwell on 05/06/2016.(SAM)cc: CORand Joseph L. Silverburg by US Mail
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| Filing 4 IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample caption)(SAM) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Kentucky Industrial, US LBM. (Morgan, Donald) |
| Filing 1 NOTICE OF REMOVAL from Fayette Circuit Court, case number 22-CI-2759. ( Filing fee $402; receipt number AKYEDC-5389572), filed by Lisa Wright, US LBM, Jeff Duff, Kentucky Industrial, Emily Hudson, Rick Peavler. (Attachments: #1 Exhibit A Notice of Filing, #2 Exhibit B State Court Record, #3 Civil Cover Sheet)(SAM) |
| Conflict Check run. (SAM) |
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