Double Mountain Mining, LLC v. Norfolk Southern Railway Company
Double Mountain Mining, LLC |
Norfolk Southern Railway Company |
6:2018cv00325 |
December 19, 2018 |
US District Court for the Eastern District of Kentucky |
Karen K Caldwell |
Hanly A Ingram |
Personal Property: Other |
28 U.S.C. ยง 1441 |
Both |
Docket Report
This docket was last retrieved on February 11, 2019. A more recent docket listing may be available from PACER.
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Filing 15 UNREDACTED ORDER re #14 Order. cc: service electronically to ECF COR. COUNSEL OF RECORD ARE DIRECTED TO LOG-IN TO CM/ECF TO VIEW THE DOCUMENT.. Signed by Magistrate Judge Hanly A. Ingram on 2/11/2019.(JMB)cc: COR |
Filing 14 ORDER: TELEPHONE CONFERENCE set for 10/7/2019 at 11:00 AM before Magistrate Judge Hanly A. Ingram, to discuss the progress of discovery. The call will be off the record and for counsel only. To join the teleconference, the parties are DIRECTED to call as set forth in the unredacted order. The Clerk is DIRECTED to make the unredacted Order accessible to counsel of record electronically, and docket ONLY the redacted Order.. Signed by Magistrate Judge Hanly A. Ingram on 2/11/2019.(JMB)cc: COR |
Filing 13 PRETRIAL ORDER: (1) NLT 21 days before PT Conference counsel shall file the following: (a) witness & exhibit lists; (b) motions in limine; (c) transcript of evidentiary depos; (d) pretrial memo; (e) tender proposed agreed jury instructions; (f) tender proposed voir dire; (2) NLT 14 days prior to final PTC, (a) file obj to list of witnesses/exhibits; (b) responses to any other party's motion in limine; and (c) responses to any other party's motion for ruling on any objection made in an evidentiary depo; (3) at final PTC, (a) counsel prepared to discuss stipulations; (b) disclose demonstrative or summary exhibits; (c) display all exhibits, premarked; (d) discuss the possibilty of settlement; (e) advise of technological issues; (4) Final PTC attended by attorneys trying case.. Signed by Judge Karen K. Caldwell on 2/8/2019.(JMB)cc: COR |
Filing 12 SCHEDULING ORDER: 1. The following deadlines shall be observed in this action: (a) Counsel for parties shall exchange information required by Rule 26(a)(1) by March 18, 2019. These disclosures need not be filed in the Court record. (b) The parties shall have TO AND INCLUDING July 17, 2019 by which to file any motions to join additional parties or amend pleadings; (c) Supplementation of disclosures and responses as required by Rule 26(e) but no later than June 30, 2020. Supplemental disclosures and responses need not be filed in the Court record; (d) Rule 26(a)(2) reports from expert trial witnesses are due: (i) From Plaintiff: a. Liability experts by March 12, 2020; b. Damage experts by February 14, 2020; and (ii) From Defendant by April 20, 2020; (e) No later than June 8, 2020, the parties shall complete ALL discovery. (f) All dispositive motions shall be filed no later than April 8, 2020, with response and reply time as per Local Rule 7.1(c)(1) and (2). 2. No motions to compel, nor any other motions relating to a discovery dispute, shall be filed unless all counsel involved in such dispute have first conferred as directed by Fed.R.Civ.P. 37(a)(2)(A). 3. By virtue of the December 1, 2000 amendment of Fed.R.Civ.P. 5(d), the parties shall observe the following directives regarding the filing of discovery materials in this case unless the court otherwise specifically so orders: see a-b. 4. No extensions of the deadlines set in this order, or those contained in the separate pretrial conference order also entered this date shall be granted unless an appropriate motion is filed prior to expiration of the deadline in question, and upon a showing of good cause beyond the control of counsel in the exercise of due diligence. 5. FINAL PRETRIAL CONFERENCE set for 9/16/2020 at 09:30 AM in LEXINGTON before Judge Karen K. Caldwell. 6. JURY TRIAL set for 10/5/2020 at 10:00 AM in LONDON before Judge Karen K. Caldwell. Anticipated length of trial is 7 days. 7. IT IS FURTHER ORDERED that pursuant to that pursuant to 28 U.S.C. 636(b)(1)(A), this matter is referred to Magistrate Judge Hanly A. Ingram for purposes of managing all discovery and pretrial scheduling issues, including resolving all discovery disputes and revising any dates and deadlines established in the Court's Scheduling Order.. Signed by Judge Karen K. Caldwell on 2/8/2019.(JMB)cc: COR |
Filing 11 JOINT REPORT of Rule 26(f) Planning Meeting. (Oehler, Kathiejane) |
Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by Double Mountain Mining, LLC. (Woodford, Elizabeth) |
Filing 9 ORDER FOR MEETING AND REPORT: (1) that within twenty-one (21) days from the date of service of this Order, the parties, by counsel, shall meet, and develop a proposed discovery plan; (2) that within ten (10) days after the meeting the parties shall file a joint status report; Counsel may utilize Form 52, Fed. R. Civ. P. (App.) as the form of the joint status report. In the event this matter involves a corporation or partnership, this party is directed to advise the Court at the time of the submission of the parties joint report of all parent corporations, subsidiaries, affiliates, members and/or partners with which it is associated. Signed by Judge Karen K. Caldwell on 1/7/2019.(JMB)cc: COR |
Filing 8 NOTICE: All parties and counsel are hereby notified that the undersigneds stepson, Lloyd R. Cress, Jr., is employed as a non-equity member of Dinsmore & Shohl, LLP. Signed by Judge Karen K. Caldwell on 1/7/2019 (JMB) |
Filing 7 ANSWER to Complaint with Jury Demand by Norfolk Southern Railway Company.(Oehler, Kathiejane) |
Filing 6 AGREED ORDER: The time for the Defendant, Norfolk Southern Railway Company, to file and serve their Answer and/or other appropriate pleadings or motions pursuant to Federal Rules of Civil Procedure 12 and 13, be, and the same hereby is, extended from December 28, 2018 to, and including, January 7, 2019.. Signed by Judge Karen K. Caldwell on 12/28/2018.(JMB)cc: COR |
Filing 5 Proposed Agreed Order/Stipulation Extending Time for Norfolk Southern Railway Company to File and Serve their Answer and/or Other Appropriate Pleadings or Motions by Norfolk Southern Railway Company. (Oehler, Kathiejane) |
Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Norfolk Southern Railway Company identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company.. (Oehler, Kathiejane) |
Filing 3 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Kathiejane Oehler. #1 Notice of Removal, has been filed by Northfolk Southern Railway 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 (SYD) |
Filing 1 NOTICE OF REMOVAL from Bell Circuit Court, case number 18-CI-386, filed by Norfolk Southern Railway Company.( Filing fee $400; receipt number 0643-4244123) (Attachments: #1 Exhibit A State Court Record, #2 Exhibit B Affidavit of Counsel in Support, #3 Exhibit C-Affidavit of NSRC, #4 Exhibit D-Copies of Opinions issued in Shannon v PNC Bank and Selby v Pampered Chef, #5 Civil Cover Sheet)(SYD) |
Conflict Check run. (SYD) |
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