Mills, Jr. v. State Farm Insurance Company
| James Mills, Jr. |
| State Farm Insurance Company |
| 6:2021cv00183 |
| October 22, 2021 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| Hanly A Ingram |
| Insurance |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.
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Filing 10
AGREED ORDER #9 TO BIFURCATE : IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Plaintiffs claimsfor bad faith, violation of the Kentucky Unfair Claims Settlement Practices Act and\or otherextra-contractual claims are hereby bifurcated from the Plaintiffs underlying contractual claimsfor UIM benefits. Discovery pertaining to the bifurcated claims for bad faith or other extracontractualdamages shall be held in abeyance pending resolution of the underlying contractualaction. Upon conclusion of the contractual claims, those remaining claims, if any, shall be thesubject of a new scheduling order by the Court. Signed by Judge Karen K. Caldwell on 12/14/21.(SYD)cc: COR
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| Filing 9 Proposed Agreed Order TO BIFURCATE by State Farm Insurance Company. (Banks, Darrin) |
| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #9 Proposed Agreed Order TO BIFURCATE by State Farm Insurance Company (SYD) |
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Filing 8
ORDER : A TELEPHONE CONFERENCE shall occur on 3/25/2022 at 11:00 AM in LONDON before Magistrate Judge Hanly A. Ingram, to discuss the progress of discovery. The call will beoff 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 21183 (followed by #). Signed by Magistrate Judge Hanly A. Ingram on 12/1/21.(SYD)cc: COR
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Filing 7
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) PTC attended by attorneys trying case. Signed by Judge Karen K. Caldwell on 11/30/21.(SYD)cc: COR
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Filing 6
SCHEDULING ORDER: (1) (a) parties shall exchange info required by Rule 26(a)(1) by 11/30/21; not filed; (b) parties have to 4/30/22 to file motions to join parties/amend Pleadings; (c) supplementation as required by rule 26(e) by 4/30/22; (d) expert disclosures due from Pla by 6/30/22, from Dft by 8/31/22; (e) Fact Discovery due by 5/31/22; expert discovery by 9/30/22. Complete discovery for response compliant w/deadline; (f) Dispositive Motions due by 10/31/22; (2) no motions to compel unless counsel conferred; (3) (a) discovery not filed; (b) discovery depos cited in mtn or used at trial shall be filed; (4) no extensions of deadlines granted unless appropriate mtn filed; (5) TELEPHONIC PRETRIAL CONFERENCE 4/4/23 at 1:00 p.m. The parties are to call 888-684-8852, using access code 6823688. Please dial in a few minutes before the conference is scheduled to begin. (6) JURY TRIAL set for 4/24/23 at 9:00 am in London; counsel present at 8:30 am; anticipated length is 2 days; This matter is referred to Magistrate Judge for managing discovery and pretrial issues, including discovery disputes. Disc. disputes resolved as set forth in the Order. Discovery due by 5/31/2022. Amended Pleadings due by 4/30/2022. Motion to Join Additional Parties due by 4/30/2022. Dispositive Motions due by 10/31/2022. TELEPHONIC PRETRIAL CONFERENCE set for 4/4/2023 at 01:00 PM in LEXINGTON before Judge Karen K. Caldwell. JURY TRIAL set for 4/24/2023 at 09:00 AM, counsel at 8:30 AM in LONDON before Judge Karen K. Caldwell. Signed by Judge Karen K. Caldwell on 11/30/21.(SYD)cc: COR,Lex. Diary
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| Filing 5 JOINT REPORT of Rule 26(f) Planning Meeting. (Banks, Darrin) |
| ***FILE SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: #5 Report of Rule 26(f) Planning Meeting (SYD) |
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Filing 4
ORDER FOR MEETING AND REPORT: (1) Within 21 days, parties shall meet either in person or by telephone to discuss claims and defenses, possibilities of settlement or resolution of case, make or arrange for Rule 26(a)(1) disclosures, and develop a proposed discovery plan. (2) Within 14 days after the meeting, parties shall file a joint status report containing a-f. Parties directed to advise the Court of all parent corporations, subsidiaries, affiliates, members and/or partners at the time of submission of the joint report. Signed by Judge Karen K. Caldwell on 10/26/2021.(APR)cc: COR
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| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by State Farm Insurance Company identifying State Farm Mutual Automobile Insurance Company as an affiliate. (JLC) Modified text on 10/25/2021 (JLC). |
| Filing 1 NOTICE OF REMOVAL from Bell County Circuit Court, case number 21-CI-00270. ( Filing fee $402; receipt number AKYEDC-5106764), filed by State Farm Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 State Court Record, #3 Insurance Policy, #4 State Court Complaint, #5 Notice of Service of Process, #6 Letter from Attorney Joshua Howard, #7 Second letter from Attorney Joshua Howard)(JLC) |
| Conflict Check run. (JLC) |
| ***FILE SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: #1 Notice of Removal, (JLC) |
| ANSWER to Complaint (Notice of Removal) by State Farm Insurance Company. Filed in State Court Record- See DE #1 . (JLC) |
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| Plaintiff: James Mills, Jr. | |
| Represented By: | Joshua D. Howard |
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| Defendant: State Farm Insurance Company | |
| Represented By: | Darrin Winn Banks |
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