Messer et al v. Allstate Property and Casualty Insurance Company
Plaintiff: Mary Messer and A.M.
Defendant: Allstate Property and Casualty Insurance Company
Case Number: 6:2021cv00136
Filed: August 12, 2021
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Karen K Caldwell
Referring Judge: Hanly A Ingram
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2021 Opinion or Order Filing 11 ORDER: The Court HEREBY ORDERS that a teleconference SHALL occur on Monday, December 13, 2021, at 11:00 a.m., 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 AT&T Teleconferencing at 1-888-675-2535, to enter Access Code 8810053 (followed by "#"), and, when requested, enter the Security Code 21136 (followed by "#"). re #9 Scheduling Order, ( TELEPHONE CONFERENCE set for 12/13/2021 at 11:00 AM in LONDON before Magistrate Judge Hanly A. Ingram.) Signed by Magistrate Judge Hanly A. Ingram on 09/17/2021.(KJA)cc: COR, London Diary
September 16, 2021 Opinion or Order Filing 10 PRETRIAL ORDER: (1) NLT 21 days before PT Conference counsel shall file the following: (a) file 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 obj 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 w/ parties and/or representatives. Signed by Judge Karen K. Caldwell on 09/16/2021.(KJA)cc: COR
September 16, 2021 Opinion or Order Filing 9 SCHEDULING ORDER: 1) The following ddlns shall be observed: (a) Parties shall exchange info required by Rule 26(a)(1) by 11/1/2021. These do not need to be filed in the record; (b) Parties shall file mtns to join parties/amend pleadings by 11/22/2021; (c) Supplementation as required by Rule 26(e). Not filed in the Court record; (d) Rule 26(a)(2) reports from expert trial witnesses due: (i) Pla by 1/19/2022; (ii) Dft by 2/22/2022; (e) Discovery by 3/25/2022; (f) Dispositive mtns NLT 3/21/2022, with response and reply time per Local Rule. 2) No mtns to compel, or other mtns relating to discovery dispute, shall be filed unless all counsel have first conferred as directed. 3) (a) Discovery not filed; (b) Discovery depos cited in mtn or used at trial shall be filed. 4) No extensions of ddlns granted unless appropriate mtn filed. 5) telephonic FINAL PRETRIAL CONFERENCE set for 8/3/2022 at 2:00 PM. 6. JURY TRIAL set for 9/7/2022 at 9:00 AM in LONDON before Judge Karen K. Caldwell. Counsel present at 8:30 AM. Anticipated length 2 days. 7. This matter is referred to Magistrate Judge Hanly A. Ingram for managing discovery, conducting settlement conference. Discovery disputes resolved as set forth in the Order. Signed by Judge Karen K. Caldwell on 09/16/2021.(KJA)cc: COR, Lexington Diary, London Diary, Jury Clerk
September 7, 2021 Opinion or Order Filing 8 AGREED ORDER: IT IS HEREBY ORDERED that all claims asserted against the Defendant Allstate in Counts II, III, IV and V of the Complaint are bifurcated and held in abeyance, pending the resolution of the underlying underinsured motorist coverage claims as may be set forth in Count I of the Complaint. All proceedings related to Plaintiff's claims against Allstate set forth in Counts II, III, IV and V of the Complaint, including any requirement of Allstate to file discovery, are hereby abated until the underlying underinsured motorist coverage claims as may be set forth in Count I of the Complaint, are either resolved by settlement or a final judgment has been entered. Signed by Judge Karen K. Caldwell on 09/07/2021.(KJA)cc: COR
September 7, 2021 Opinion or Order Filing 7 AGREED ORDER: IT IS HEREBY ORDERED that all claims asserted against the Defendant Allstate in Counts II, III, IV and V of the Complaint are bifurcated and held in abeyance, pending the resolution of the underlying underinsured motorist coverage claims as may be set forth in Count I of the Complaint. All proceedings related to Plaintiff's claims against Allstate set forth in Counts II, III, IV and V of the Complaint, including any requirement of Allstate to file discovery, are hereby abated until the underlying underinsured motorist coverage claims as may be set forth in Count I of the Complaint, are either resolved by settlement or a final judgment has been entered. Signed by Judge Karen K. Caldwell on 09/07/2021.(KJA)cc: COR
September 7, 2021 Filing 6 JOINT REPORT of Rule 26(f) Planning Meeting. (Dittert, Jamie)
September 7, 2021 Filing 5 Proposed Agreed Order To Bifurcate and Abate by Allstate Property and Casualty Insurance Company. (Dittert, Jamie)
September 7, 2021 ***FILE SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: #6 Report of Rule 26(f) Planning Meeting (SYD)
August 16, 2021 Opinion or Order Filing 4 ORDER FOR MEETING AND REPORT: 1. W/I 21 days parties meet. 2. W/I 10 days after meeting file report containing: a-f. 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 8/16/21.(SYD)cc: COR
August 12, 2021 Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Allstate Property and Casualty Insurance Company identifying Corporate Parent The Allstate Corporation, Corporate Parent Allstate Insurance Holdings, LLC for Allstate Property and Casualty Insurance Company.. (JLC)
August 12, 2021 Filing 1 NOTICE OF REMOVAL from Laurel County Circuit Court, case number 21-CI-00491. ( Filing fee $402; receipt number 0643-5040999), filed by Allstate Property and Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 State Court Record)(JLC)
August 12, 2021 ***FILE SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: #1 Notice of Removal, (JLC)
August 12, 2021 ANSWER to Complaint (Notice of Removal) by Allstate Property and Casualty Insurance Company. Filed in State Court Record. See DE #1 . (JLC)
August 12, 2021 Conflict Check run. (JLC)

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Plaintiff: Mary Messer
Represented By: William V. Meader
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Plaintiff: A.M.
Represented By: William V. Meader
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Defendant: Allstate Property and Casualty Insurance Company
Represented By: Emily Jordan Pence
Represented By: Jamie Wilhite Dittert
Represented By: Marcia Milby Ridings
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