Factory Mutual Insurance Company et al v. Cimco Refrigeration, Inc
Plaintiff: Factory Mutual Insurance Company and J.M. Smucker LLC doing business as The J.M. Smucker Company
Defendant: Cimco Refrigeration, Inc
Case Number: 5:2024cv00017
Filed: January 19, 2024
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Edward B Atkins
Referring Judge: Robert E Wier
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2024 Opinion or Order Filing 16 SCHEDULING ORDER: 1. Initial disclosures served by 3/29/2024; 2. motions to join parties, amend pleadings due by 5/3/2024; 3. fact discovery due by 9/20/2024; 4. plts disclose experts by 10/4/2024; 5. dfts disclose experts by 11/8/2024; 6. all discovery, including expert discovery, due by 1/17/2025; 7. Status Report due by 1/17/2025; 8. Dispositive and Daubert Motions due by 2/21/2025; 9. discovery dispute protocol in Standing Case Management and Referral Order #4 ; 10. courtesy copy of briefs provided to Chambers by email w/in 48 hours of e-filing; 11. mid-discovery TELEPHONE CONFERENCE set for 8/9/2024 at 1:00 PM in FRANKFORT before Magistrate Judge Edward B. Atkins. 12. Requests to modify dates/deadlines submitted upon motion. Signed by Magistrate Judge Edward B. Atkins on 2/28/2024.(STC)cc: COR,Fkt
February 27, 2024 Filing 15 JOINT REPORT of Rule 26(f) Planning Meeting. (O'Brien, Edward)
February 21, 2024 Opinion or Order Filing 14 ORDER: GRANTING Pla's #13 Motion for S. Joseph Welborn to Appear Pro Hac Vice. Signed by Magistrate Judge Edward B. Atkins on 02/21/2024. (DC)cc: COR
February 20, 2024 BAR STATUS Check completed as to S. Joseph Welborn re #13 MOTION for S. Joseph Welborn to Appear Pro Hac Vice by Factory Mutual Insurance Company, J.M. Smucker LLC. (DC)
February 20, 2024 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re #13 MOTION for S. Joseph Welborn to Appear Pro Hac Vice by Factory Mutual Insurance Company, J.M. Smucker LLC . (DC)
February 19, 2024 Filing 13 MOTION for S. Joseph Welborn to Appear Pro Hac Vice by Factory Mutual Insurance Company, J.M. Smucker LLC ( Filing fee $125; receipt number AKYEDC-5772577)Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A - Certificate of Good Standing for S. Joseph Welborn from TN Supreme Court, #2 Exhibit B - Certificate of Good Standing for S. Joe Welborn from USDC Middle TN, #3 Proposed Order Granting Pro Hac Vice Motion of S. Joseph Welborn)(McConnell, Vic)
February 7, 2024 Opinion or Order Filing 12 ORDER: Plas' #10 and #11 Motions for Blake E. Creekmur & Jefferson C. Orr to Appear Pro Hac Vice are GRANTED. Signed by Magistrate Judge Edward B. Atkins on 02/7/2024. (DC) cc: COR
February 7, 2024 BAR STATUS Check completed as to Jefferson C. Orr & Blake E. Creekmur re #11 MOTION for Blake E. Creekmur to Appear Pro Hac Vice & #10 MOTION for Jefferson C. Orr to Appear Pro Hac Vice by Factory Mutual Insurance Company, J.M. Smucker LLC. (DC)
February 7, 2024 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re #11 MOTION for Blake E. Creekmur to Appear Pro Hac Vice, #10 MOTION for Jefferson C. Orr to Appear Pro Hac Vice by Factory Mutual Insurance Company, J.M. Smucker LLC. (DC)
February 6, 2024 Filing 11 MOTION for Blake E. Creekmur to Appear Pro Hac Vice by Factory Mutual Insurance Company, J.M. Smucker LLC ( Filing fee $125; receipt number AKYEDC-5763069)Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A - Certificate of Good Standing for Blake E. Creekmur, #2 Proposed Order Granting Pro Hac Vice Motion of Blake E. Creekmur)(McConnell, Vic)
February 6, 2024 Filing 10 MOTION for Jefferson C. Orr to Appear Pro Hac Vice by Factory Mutual Insurance Company, J.M. Smucker LLC ( Filing fee $125; receipt number AKYEDC-5763054)Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A - Certificate of Good Standing for Jefferson C. Orr from TN Supreme Court, #2 Exhibit B - Certificate of Good Standing for Jefferson C. Orr from USDC Middle Dist TN, #3 Proposed Order Granting Pro Hac Vice Motion of Jefferson C. Orr)(McConnell, Vic)
February 6, 2024 Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by J.M. Smucker LLC identifying Corporate Parent The J. M. Smucker Company for J.M. Smucker LLC.. (McConnell, Vic)
February 6, 2024 Filing 8 FRCP 7.1 DISCLOSURE STATEMENT by Factory Mutual Insurance Company. (McConnell, Vic)
January 29, 2024 Opinion or Order Filing 7 ORDER FOR MEETING AND REPORT: 1) Parties meet w/in 21 days. 2) Joint Status Report w/in 14 days thereafter. Signed by Magistrate Judge Edward B. Atkins on 01/29/2024. (DC) cc: COR
January 29, 2024 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: #6 Answer to Complaint. (DC)
January 26, 2024 Filing 6 ANSWER to Complaint with Jury Demand by Cimco Refrigeration, Inc.(O'Brien, Edward)
January 19, 2024 Opinion or Order Filing 4 STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier on 11/13/2019. (KMP) cc: COR
January 19, 2024 Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Cimco Refrigeration, Inc identifying Corporate Parent Toromont Industries, Ltd. for Cimco Refrigeration, Inc.. (KMP)
January 19, 2024 Filing 1 NOTICE OF REMOVAL from Fayette Circuit Court, case number 23-CI-4058. ( Filing fee $405; receipt number AKYEDC-5747805), filed by Cimco Refrigeration, Inc. (Attachments: #1 State Court Record, #2 Civil Cover Sheet)(KMP)
January 19, 2024 Conflict Check run. (KMP)

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Search for this case: Factory Mutual Insurance Company et al v. Cimco Refrigeration, Inc
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Plaintiff: Factory Mutual Insurance Company
Represented By: Vic L. McConnell
Represented By: S. Joseph Welborn
Represented By: Blake E. Creekmur
Represented By: Jefferson C. Orr
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Plaintiff: J.M. Smucker LLC doing business as The J.M. Smucker Company
Represented By: Vic L. McConnell
Represented By: S. Joseph Welborn,
Represented By: Blake E. Creekmur
Represented By: Jefferson C. Orr
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Defendant: Cimco Refrigeration, Inc
Represented By: Andrew-John Bokeno
Represented By: Edward M. O'Brien
Represented By: James M. Burd
Represented By: Katherine E. Tapp
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