Newcomb et al v. Gross et al
Plaintiff: Lauren Newcomb
Defendant: James Gross
Counter Defendant: Larry Newcomb
Counter Claimant: City of Irvine, Kentucky
Case Number: 5:2022cv00335
Filed: December 30, 2022
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Danny C Reeves
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2023 Opinion or Order Filing 21 ORDER FOR MEETING AND REPORT: 1. Conduct Rule 26(f) meeting w/in 30 days; 2. at time of meeting, exchange Rule 26(a)(1) disclosures; 3. file written joing report 14 days after meeting. Consent form attached. Signed by Judge Danny C. Reeves on 2/3/2023. (Attachments: #1 AO 85)(STC)cc: COR
February 3, 2023 Opinion or Order Filing 20 MEMORANDUM OPINION & ORDER #16 MOTION for Preliminary Injunction by Larry Newcomb is DENIED. Signed by Judge Danny C. Reeves on 2/3/2023.(STC)cc: COR
February 1, 2023 Opinion or Order Filing 19 NOTICE OF FILING by Larry Newcomb CHFS Permit (Attachments: #1 Exhibit CHFS Permit to Operate Hood Ave.)(Baxter, Bethany)
February 1, 2023 Opinion or Order Filing 18 RESPONSE in Opposition re #16 MOTION for Preliminary Injunction by Larry Newcomb filed by James Gross, City of Irvine, Kentucky. (Attachments: #1 Exhibit 1-Zoning Ordinance)(Schaefer, Justin)
January 23, 2023 Opinion or Order Filing 17 ORDER re #16 Motion for Preliminary Injunction: A hearing re Pltf's motion is set for 2/1/2023 at 01:00 PM in LEXINGTON before Judge Danny C. Reeves. Signed by Judge Danny C. Reeves on 1/23/2023.(SLH)cc: COR,D
January 23, 2023 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #16 MOTION for Preliminary Injunction by Larry Newcomb (SLH)
January 20, 2023 Opinion or Order Filing 16 MOTION for Preliminary Injunction by Larry Newcomb (Attachments: #1 Memorandum in Support, #2 Exhibit A- AG Open Records Appeal Complaint, #3 Exhibit B- AG Open Records Appeal Response, #4 Exhibit C- Irvine Comprehensive Plan, #5 Proposed Order)(Baxter, Bethany)
January 19, 2023 Opinion or Order Filing 15 ORDER FOR MEETING AND REPORT: 1. Rule 6(f) meeting w/in 30 days; 2. Disclosures due at time of meeting; 3. Joint report due NLT 10 days after meeting. Signed by Judge Danny C. Reeves on 1/19/2023. (Attachments: #1 AO85-Consent to MJ)(SLH)cc: COR
January 18, 2023 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #13 Answer to Amended Complaint (SLH)
January 17, 2023 Opinion or Order Filing 14 NOTICE of Submission Regarding State Court Resolution by James Gross, City of Irvine, Kentucky re #11 Order. (Attachments: #1 Exhibit)(Schaefer, Justin) Modified text on 1/18/2023 (SLH).
January 17, 2023 Opinion or Order Filing 13 ANSWER to #10 Amended Complaint by James Gross, City of Irvine, Kentucky.(Schaefer, Justin)
January 17, 2023 Opinion or Order Filing 12 NOTICE of State Court Resolution of Motion for Preliminary Injunction by Larry Newcomb re #11 Order (Baxter, Bethany) Modified text on 1/18/2023 (SLH).
January 10, 2023 Opinion or Order Filing 11 ORDER: 1) The motion hearing previously scheduled for January 12, 2023, is CANCELED. 2) The Clerk of the Court is DIRECTED to terminate the pending motion for injunctive relief. 3) The parties are DIRECTED to supplement the record within ten days with information regarding any resolution of the plaintiffs request for injunctive relief by the state court prior to removal. Signed by Judge Danny C. Reeves on 01/10/2023. (MDC) cc: COR
January 5, 2023 Opinion or Order Filing 10 FIRST AMENDED COMPLAINT against James Gross, City of Irvine, Kentucky, filed by Larry Newcomb, Lauren Newcomb.Filed pursuant to #9 Order. (STC)
January 5, 2023 Opinion or Order Filing 9 ORDER: granting #8 Motion for Leave to amend complaint. Clerk of Court is directed to file the proposed First Amended Complaint. Signed by Judge Danny C. Reeves on 1/5/2023. (STC)cc: COR
January 5, 2023 Opinion or Order Filing 8 FIRST MOTION for Leave by Larry Newcomb File First Amended Complaint (Attachments: #1 Exhibit First Amended Complaint, #2 Proposed Order)(Baxter, Bethany)
January 4, 2023 Opinion or Order Filing 7 ORDER: denying without prejudice Plaintiffs' Motion to Amend Complaint. Signed by Judge Danny C. Reeves on 1/4/23. (JLM)cc: COR
January 4, 2023 Opinion or Order Filing 6 ORDER re MOTION to Enjoin the Defendants from Enforcing the City of Irvine Zoning Ordinance against Plaintiffs, MOTION HEARING set for 1/12/2023 at 9:00 AM in LEXINGTON before Judge Danny C. Reeves. Signed by Judge Danny C. Reeves on 1/4/2023.(STC)cc: COR,D
January 3, 2023 Opinion or Order Filing 5 NOTICE OF APPEARANCE by James Gross, Irvine, Kentucky City of. (Muldoon, Patrick)
January 3, 2023 Opinion or Order Filing 4 NOTICE OF APPEARANCE by James Gross, Irvine, Kentucky City of. (Schaefer, Justin)
January 3, 2023 Opinion or Order Conflict Check run. (KM)
January 3, 2023 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: Answer to Counterclaim, Answer to Counterclaim, Amended Answer to Complaint, Counterclaim, Answer to Complaint, Counterclaim, ***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re MOTION to Enjoin the Defendants from Enforcing the City of Irvine Zoning Ordinance against Plaintiffs by Larry Newcomb, Lauren Newcomb, MOTION to Amend/Correct by Larry Newcomb, Lauren Newcomb (KM)
December 30, 2022 Opinion or Order Filing 3 NOTICE OF FILING OF NOTICE OF REMOVAL by James Gross, Irvine, Kentucky City of (Attachments: #1 Certificate of Filing)(KM)
December 30, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from Estill Circuit Court, case number 21-CI-138. (Filing fee $402; receipt number AKYEDC-5443489), filed by Irvine, Kentucky City of, James Gross. (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - State Court Docket Sheet, #3 Civil Cover Sheet)(KM)
December 30, 2022 Opinion or Order ANSWER to Counterclaim (Notice of Removal) by Larry Newcomb, Lauren Newcomb. Filed in the State Court Record at DE #1 , Exhibit 1. (KM) Modified on 1/3/2023 (KM).
December 30, 2022 Opinion or Order MOTION to Enjoin the Defendants from Enforcing the City of Irvine Zoning Ordinance against Plaintiffs (Notice of Removal) by Larry Newcomb, Lauren Newcomb. Filed in the State Court Record at DE #1 Exhibit 1. (KM)
December 30, 2022 Opinion or Order ANSWER to Complaint and COUNTERCLAIM (Notice of Removal) against Larry Newcomb, Lauren Newcomb by Irvine, Kentucky City of, James Gross. Filed in State Court Record at DE #1 , Exhibit 1. (KM) Modified on 1/3/2023 (KM).
December 30, 2022 Opinion or Order ANSWER to Amended Counterclaim (Notice of Removal_ by Larry Newcomb, Lauren Newcomb. Filed in the State Court Record at DE #1 , Exhibit 1.(KM)
December 30, 2022 Opinion or Order AMENDED ANSWER AND COUNTERCLAIM (Notice of Removal) against Larry Newcomb, Lauren Newcomb by Irvine, Kentucky City of, James Gross. Filed in the State Court Record at DE #1 , Exhibit 1. (KM)
December 30, 2022 Opinion or Order MOTION to Amend/Correct Complaint (Notice of Removal) by Larry Newcomb, Lauren Newcomb. Filed in the State Court Record at DE #1 , Exhibit 1. (KM)
December 30, 2022 Opinion or Order RESPONSE to Motion to Enjoin (Notice of Removal) filed by James Gross, Irvine, Kentucky City of. Filed in the State Court Record at DE #1 , Exhibit 1. (KM)

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Counter defendant: Larry Newcomb
Represented By: Bethany Nicole Baxter
Represented By: Joe F. Childers
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Plaintiff: Lauren Newcomb
Represented By: Joe F. Childers
Represented By: Bethany Nicole Baxter
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Counter claimant: City of Irvine, Kentucky
Represented By: Justin Matthew Schaefer
Represented By: Patrick Muldoon
Represented By: Rodney Garrett Davis
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Defendant: James Gross
Represented By: Patrick Muldoon
Represented By: Rodney Garrett Davis
Represented By: Justin Matthew Schaefer
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