McCrary v. Tim Short Middlesboro, LLC.
| Brian A. McCrary |
| Tim Short Middlesboro, LLC. doing business as Tim Short Chevrolet |
| 6:2022cv00134 |
| July 20, 2022 |
| US District Court for the Eastern District of Kentucky |
| Claria Horn Boom |
| Hanly A Ingram |
| Other Fraud |
| 28 U.S.C. ยง 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on September 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 13 NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCOMPLETE document attached to docket entry by docket clerk; Scheduling Order was missing signature re #12 Scheduling Order; Correct document attached to this entry. *TDA* cc: COR, Regenerated to Lon D (JJ) Modified text on 9/9/2022 (JJ). |
Filing 12
SCHEDULING ORDER: 1. Parties shall exchange Rule 26(a)(1) disclosures by September 21, 2022. 2. Parties shall file any motion to join additional parties or amend pleadings by December 31, 2022. 3. Parties shall complete discovery all fact discovery by May 31, 2023. 4. NLT January 31, 2023, Plaintiffs shall disclose the identity of expert witnesses. Defendants due NLT March 5, 2023. NLT April 15, 2023, the parties shall present any rebuttal expert witnesses and related reports. 5. NLT July 21, 2023, counsel for the parties shall file all dispositive motions. 6. In accordance with District Judge Booms referral order (D.E. #4 ), the Court declines to schedule a pretrial conference, trial, or deadlines for related filings at this time. 7. The Court builds the case schedule based on party input. Modification of this schedule thus is disfavored and will only occur under the standards and mechanics of Rule 16 and/or Rule 6, as applicable. 8. Other than the agreed-upon discovery limits within the parties' Rule 26(f) report, the default limits within the discovery rules apply. 9. The Court HEREBY ORDERS a TELEPHONIC STATUS CONFERENCE set for 1/20/2023 at 11:00 AM in LONDON before Magistrate Judge Hanly A. Ingram. The call will be off the record and for counsel only. To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing, to enter Access Code (followed by #), and, when requested, enter the Security Code (followed by #). Signed by Magistrate Judge Hanly A. Ingram on 9/8/2022.(JJ)cc: COR, Lon D (Main Document 12 replaced on 9/8/2022) (TDA).
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| Filing 11 REPORT of Rule 26(f) Planning Meeting. (Shane, Steven) |
| Filing 10 ANSWER to #8 Amended Complaint by Tim Short Middlesboro, LLC..(Baldwin, Jeffrey) |
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Filing 9
ORDER: District Judge Boom has referred this matter to the undersigned to direct the parties to "timely conduct a Rule 26(f) conference," and establish a schedule, among other things. D.E. 4 at 1-2. Pursuant to Fed. R. Civ. P. 16 and 26, the Court ORDERS as follows: (1) Within 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates.(2) Within 14 days of the meeting, the parties shall file a joint status report containing: see a. - e. Signed by Magistrate Judge Hanly A. Ingram on 8/25/2022. (Attachments: #1 MJ Consent)(MM)cc: COR
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| Filing 8 AMENDED COMPLAINT against Tim Short Middlesboro, LLC., filed by Brian A. McCrary.(Shane, Steven) |
| Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Tim Short Middlesboro, LLC.. (Baldwin, Jeffrey) |
| Filing 6 ANSWER to #1 Complaint with Jury Demand by Tim Short Middlesboro, LLC..(Baldwin, Jeffrey) |
| Filing 5 SUMMONS Returned Executed by Brian A. McCrary via certified mail return receipt to Tim Short Middlesboro, LLC. served on 8/3/2022, answer due 8/24/2022. (Shane, Steven) |
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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 Claria Horn Boom. (MM)cc: COR
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| Filing 2 Summons Issued as to Tim Short Middlesboro, LLC.; Summons issued and returned to counsel electronically (MM) |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5316035), filed by Brian A. McCrary. (Attachments: #1 Summons, #2 Civil Cover Sheet)(MM) |
| Conflict Check run. (MM) |
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| Plaintiff: Brian A. McCrary | |
| Represented By: | Steven Charles Shane |
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| Defendant: Tim Short Middlesboro, LLC. doing business as Tim Short Chevrolet | |
| Represented By: | Jeffrey M. Baldwin |
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