Howard v. GCHNC3, LLC et al
| Roy Howard |
| GCHNC3, LLC doing business as Hemp XR and F&W Enterprises, LLC |
| State Auto Property & Casualty Company and State Auto Mutual Insurance Company |
| 5:2022cv00326 |
| December 14, 2022 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on February 7, 2023. A more recent docket listing may be available from PACER.
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Filing 26
MEMORANDUM OPINION AND ORDER: The plaintiff's motion to remand [Record No. #23 ] is GRANTED. This matter is REMANDED to the Fayette Circuit Court and STRICKEN from this Court's docket. Signed by Judge Danny C. Reeves on 2/7/23.(JLM)cc: COR and McGee and FCC by U.S. mail (JLM).
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Filing 25
RESPONSE in Opposition re #23 MOTION to Remand to State Court by Roy Howard MOTION to Dismiss filed by F&W Enterprises, LLC. (Attachments: #1 Affidavit Declaration of J. Gregory Troutman)(Troutman, J.)
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Filing 24
NOTICE OF FILING by Roy Howard re #23 MOTION to Remand to State Court by Roy Howard (Attachments: #1 Proposed Order Order to Dismiss, #2 Proposed Order Order to Remand)(Yoder, James)
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NOTICE OF DEFICIENCY TO James Yoder re #23 MOTION to Remand to State Court; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event Notice of Filing, attach the proposed order, and create a link to the related docket entry. NOTICE OF DOCKET MODIFICATION re #23 MOTION to Remand to State Court; 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. cc: COR (KM)
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Filing 23
MOTION to Remand to State Court or Dismiss Without Prejducie by Roy Howard (Attachments: #1 Exhibit A - Police Report, #2 Exhibit B - Brite V Howard Complaint, #3 Exhibit C - Dft's motion for Leave to File Third Party Complaint)(Yoder, James) Modified to add exhibit descriptions on 1/23/2023 (KM). Added MOTION to Dismiss on 1/24/2023 (KM). (Additional attachment(s) added on 1/24/2023: #4 Proposed Order to Dismiss, #5 Proposed Order to Remand) (KM).
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Filing 22
FRCP 7.1 DISCLOSURE STATEMENT by State Auto Mutual Insurance Company identifying Corporate Parent Liberty Mutual Holding Company Inc., Corporate Parent Liberty Mutual Group Inc., Corporate Parent LMHC Massachusetts Holding Inc. for State Auto Mutual Insurance Company.. (Giesel, David)
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Filing 21
NOTICE OF FILING by State Auto Mutual Insurance Company re #17 Intervenor Complaint (Attachments: #1 Exhibit Answer Ex 1 - insurance application, #2 Exhibit Answer Ex 2 - insurance policy)(Giesel, David)
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Filing 20
ORDER: It is ORDERED that the Intervening Plaintiff's #19 MOTION to Substitute State Auto Property & Casualty Company for State Automobile Mutual Insurance Company is GRANTED. Signed by Judge Danny C. Reeves on 1/17/2023.(KM)cc: COR
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Filing 19
MOTION to Substitute Party by State Auto Property & Casualty Company (Attachments: #1 Proposed Order)(Giesel, David)
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Filing 18
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, David Giesel. #15 MOTION to Intervene by State Auto Property & Casualty Company has been filed by State Auto Property & Casualty 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 (KM)
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Filing 17
Intervenor COMPLAINT, filed by State Auto Property & Casualty Company. Filed per 16 Order. (MDC) (Additional attachment(s) added on 1/18/2023: #1 Exhibit 1 - Insurance Application, #2 Exhibit 2 - Insurance Policy) (KM).
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Filing 16
VIRTUAL ORDER: Intervenor Pla's #15 Motion to Intervene is GRANTED. A response to the motion is not needed. Clerk to file the Intervening Complaint tendered by State Auto Property & Casualty Company. Signed by Judge Danny C. Reeves on 01/13/2023. (MDC) cc: COR
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Filing 15
MOTION to Intervene by State Auto Property & Casualty Company (Attachments: #1 Exhibit 1 - Intervening Complaint, #2 Proposed Order)(Giesel, David)
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BAR STATUS Check completed as to Daniel P. McGee re #12 MOTION for Daniel P. McGee to Appear Pro Hac Vice by F&W Enterprises, LLC (Filing fee $125; receipt number AKYEDC-5447618). (KM)
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Filing 14
ORDER: 1. Plaintiff Howard's motion for a protective order is due on or before 1/20/2023. Defendant's response is due within 14 days of service of the plaintiff's motion. The plaintiff's reply, if any, is due within 7 days of service of the defendants' response; 2. A scheduling order will issue following resolution of the above matter. Signed by Judge Danny C. Reeves on 1/6/2023.(KM)cc: COR, Attorney Daniel McGee by U.S. mail
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Filing 13
ORDER: Dft's #12 Motion for Daniel P. McGee to appear Pro Hac Vice is GRANTED. Signed by Judge Danny C. Reeves on 01/06/2023. (MDC) cc: COR and Daniel P. McGee by US Mail
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Filing 12
MOTION for Daniel P. McGee to Appear Pro Hac Vice by F&W Enterprises, LLC ( Filing fee $125; receipt number AKYEDC-5447618) (Attachments: #1 Proposed Order)(Troutman, J.)
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Filing 11
JOINT REPORT of Rule 26(f) Planning Meeting. (Troutman, J.)
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Daniel P. McGee: re #13 Order on Motion to Appear Pro Hac Vice. 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 Daniel P. McGee (MDC)
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Filing 10
CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by GCHNC3, LLC. (Hamilton, John)
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Filing 9
ORDER FOR MEETING AND REPORT: 1. w/in 30 days, parties conduct Rule 26(f) meeting; 2. at time of meeting, exchange Rule 26(a)(1) disclosures; 3. no later than 10 days after meeting, file written joint report outlining proposed discovery plan. Consent form attached. Signed by Judge Danny C. Reeves on 12/20/2022. (Attachments: #1 AO 85)(STC)cc: COR
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Filing 8
ANSWER to Amended Complaint by F&W Enterprises, LLC.(Troutman, J.)
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***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #6 Notice of Filing Removal, #7 RESPONSE (KM)
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Filing 7
RESPONSE to #5 Order filed by F&W Enterprises, LLC. (Troutman, J.) Modified text on 12/16/2022 (KM).
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Filing 6
AMENDED NOTICE OF REMOVAL #1 Notice of Removal by F&W Enterprises, LLC (Attachments: #1 Exhibit 1 - KY Certificate of Authority, #2 Exhibit 2 - NC & WY Certificate of Authority)(Troutman, J.) Modified text on 12/16/2022 (KM).
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Filing 5
ORDER: Defendant F&W Enterprises, LLC is directed to SHOW CAUSE within 10 days why this matter should not be dismissed for lack of subject matter jurisdiction. Signed by Judge Danny C. Reeves on 12/15/2022.(STC)cc: COR
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Filing 4
FRCP 7.1 DISCLOSURE STATEMENT by F&W Enterprises, LLC. (Troutman, J.)
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Filing 3
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, J. Gregory Troutman. #1 Notice of Removal, has been filed by F&W Enterprises, 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 (KM)
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Filing 1
NOTICE OF REMOVAL from Fayette Circuit Court, case number 22-CI-2477. (Filing fee $402; receipt number AKYEDC-5433686), filed by F&W Enterprises, LLC. (Attachments: #1 Exhibit 1 - Email 12/13/2022, #2 Exhibit 2 - State Court Record, #3 Civil Cover Sheet)(KM)
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Conflict Check run. (KM)
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ANSWER to Complaint (Notice of Removal) by GCHNC3, LLC. Filed in the State Court Record at DE #1 . (KM)
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ANSWER to Amended Complaint (Notice of Removal) by GCHNC3, LLC. Filed in the State Court Record at DE #1 . (KM)
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NOTICE FOR ATTORNEY TO UPDATE ADDRESS to John T. Hamilton: Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (KM)
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AMENDED COMPLAINT (Notice of Removal) against F&W Enterprises, LLC, GCHNC3, LLC, filed by Roy Howard. Filed in the State Court Record at DE #1 .(KM) Modified text on 12/14/2022 (KM).
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