Potter v. Gerard et al
Plaintiff: Dallas Porter and Dallas Potter
Defendant: Timothy Gerard and Cherokee Insurance Company
Case Number: 5:2023cv00028
Filed: February 3, 2023
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Danny C Reeves
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

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

Date Filed Document Text
March 30, 2023 ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #14 MEMORANDUM IN SUPPORT (KMP)
March 29, 2023 Filing 15 SUPPLEMENTAL FRCP 7.1 DISCLOSURE STATEMENT by Cherokee Insurance Company. (Zahniser, David)
March 29, 2023 Filing 14 MEMORANDUM IN SUPPORT of #13 DIVERSITY JURISDICTION AND IN RESPONSE TO THE COURTS ORDER TO SHOW CAUSE (DOC #: 13) filed by Cherokee Insurance Company. (Zahniser, David)
March 24, 2023 Opinion or Order Filing 13 MEMORANDUM ORDER: 1. Plaintiff Potter's motion to remand #9 is DENIED. 2. Defendant Cherokee Insurance Company is directed to SHOW CAUSE on or before Friday, April 7, 2023, why this matter should not be remanded for lack of subject matter jurisdiction based on the deficiency identified above. Signed by Judge Danny C. Reeves on 3/24/2023. (KMP) cc: COR
March 24, 2023 Motions terminated: #9 MOTION to Remand by Dallas Potter filed by Dallas Potter.. Signed by Judge Danny C. Reeves on 3/24/2023.(KMP)cc: COR
March 8, 2023 Filing 12 RESPONSE in Opposition re #9 MOTION to Remand by Dallas Potter filed by Timothy Gerard. (Murner, Daniel)
March 8, 2023 Opinion or Order Filing 11 ORDER: GRANTING #6 Motion to Bifurcate Signed by Judge Danny C. Reeves on 3/8/2023. (KMP) cc: COR
March 8, 2023 ***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #6 MOTION to Bifurcate by Cherokee Insurance Company (KMP)
March 7, 2023 Filing 10 RESPONSE in Opposition re #9 MOTION to Remand by Dallas Potter filed by Cherokee Insurance Company. (Attachments: #1 Proposed Order)(Zahniser, David) Modified text on 3/8/2023 (KMP).
February 22, 2023 Filing 9 MOTION to Remand by Dallas Potter (Attachments: #1 Attachment Unpub Case, #2 Proposed Order Proposed Order)(Rugg, Joseph)
February 10, 2023 Opinion or Order Filing 8 ORDER GRANTING #5 Motion for Protective Order, to extent that discovery is STAYED pending entry of Scheduling Order. Signed by Judge Danny C. Reeves on 2/10/2023. (KMP) cc: COR
February 10, 2023 Opinion or Order Filing 7 ORDER FOR MEETING AND REPORT: 1. NLT 30 days from entry of order, parties meet; 2. at meeting, exchange disclosures; 3. NLT 14 days after meeting, file joint report. Signed by Judge Danny C. Reeves on 2/10/2023. (KMP)cc: COR Modified text on 2/10/2023 (KMP).
February 9, 2023 Filing 6 MOTION to Bifurcate by Cherokee Insurance Company (Attachments: #1 Proposed Order)(Zahniser, David)
February 9, 2023 Filing 5 MOTION for Protective Order by Cherokee Insurance Company (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order)(Zahniser, David)
February 6, 2023 Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Cherokee Insurance Company. (Zahniser, David)
February 6, 2023 Filing 3 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, David W. Zahniser and Jason E. Abeln. #1 Notice of Removal, has been filed by Cherokee Insurance 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 (KMP)
February 6, 2023 Conflict Check run. (KMP)
February 6, 2023 ***FILE SUBMITTED TO CHAMBERS of Judge Reeves for review: #1 Notice of Removal, Answer to Complaint (KMP)
February 3, 2023 Filing 1 NOTICE OF REMOVAL from Scott Circuit Court, case number 19-CI-668. ( Filing fee $402; receipt number AKYEDC-5470021), filed by Cherokee Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A--First Amended Complaint, #3 Exhibit Exhibit B--State Court Records (a-fff))(KMP) Modified exhibit name on 2/6/2023 (KMP).
February 3, 2023 FIRST AMENDED COMPLAINT against Cherokee Insurance Company, Timothy Gerard, filed by Dallas Porter.(KMP) Modified text on 2/6/2023 (KMP).
February 3, 2023 ANSWER to Complaint (Notice of Removal) by Timothy Gerard. FILED IN STATE COURT RECORD. See #1 (KMP) Modified text on 2/6/2023 (KMP).

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Plaintiff: Dallas Porter
Represented By: Joseph Rugg
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Plaintiff: Dallas Potter
Represented By: Joseph Rugg
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Defendant: Timothy Gerard
Represented By: Elizabeth Johnson Winchell
Represented By: Daniel E. Murner
Represented By: Estee Rose
Represented By: Jennifer Lacey Fiorella
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Defendant: Cherokee Insurance Company
Represented By: Jason E. Abeln
Represented By: David Wells Zahniser
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