C&C Specialized Trucking, LLC v. Shaw et al
| C&C Specialized Trucking, LLC |
| Connor J. Shaw, Amica Mutual Insurance Company and Martin's Peterbilt of East Kentucky, LLC |
| 6:2022cv00205 |
| October 31, 2022 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Personal Property: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Property Damage |
| Both |
Docket Report
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| Document Text |
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| Filing 10 REPORT AND RECOMMENDATIONS re #1 Notice of Removal, filed by Amica Mutual Insurance Company: The undersigned hereby RECOMMENDS that, upon initial screening, this matter be REMANDED due to untimely removal. Any objection to this recommendation must be asserted in response to this Recommended Disposition. The Court directs the parties to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b) for appeal rights and mechanics concerning this Recommended Disposition, issued under subsection (B) of the statute. Within fourteen days after being served with a copy of this decision, any party may serve and file specific written objections to any or all findings or recommendations for determination, de novo, by the District Judge. Failure to make a timely objection consistent with the statute and rule may, and normally will, result in waiver of further appeal to or review by the District Court and Court of Appeals. Signed by Magistrate Judge Hanly A. Ingram on 12/8/2022. (JMB)cc: COR |
| Filing 9 RESPONSE to #8 Defendant, Amica Mutual Insurance Company's Notice of Removal and Supplement filed by C&C Specialized Trucking, LLC. (Attachments: #1 Exhibit A - April 9, 2021 letter from Amica's counsel)(Sergent, Bryan) |
Filing 8
ORDER re #7 Amended Document filed by Amica Mutual Insurance Company, #1 Notice of Removal, filed by Amica Mutual Insurance Company: On or before Wednesday, November 30, 2022,Plaintiff C&C Specialized Trucking, LLC, SHALL RESPOND to Amicas Notice of Removal and Supplement and state its position on this Courts jurisdiction and particularly on the timeliness of the removal. Signed by Magistrate Judge Hanly A. Ingram on 11/15/2022.(JMB)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #7 Amended Document (JMB) |
| Filing 7 AMENDED DOCUMENT by Amica Mutual Insurance Company. Amendment to #1 Notice of Removal, . (Attachments: #1 Exhibit Exh. A - Amica's Supplement to Removal Murriel-Don Docket and Motion for Default)(Chesnut, Pamela) |
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Filing 6
ORDER: On or before November 14, 2022, Defendant Amica Mutual Insurance Company (1) SHALL file a supplement to its notice of removal that identifies every member of any LLC party and the citizenship of every member of an LLC party, and (2) SHALL SHOW CAUSE why this case should not be remanded as untimely removed under 28 U.S.C. 1446(b). Signed by Magistrate Judge Hanly A. Ingram on 11/2/2022.(JMB)cc: COR
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| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Amica Mutual Insurance Company identifying Corporate Parent Amica Mutual Insurance Company, Corporate Parent Amica Mutual Insurance Company, Corporate Parent Amica Mutual Insurance Company for Amica Mutual Insurance Company.. (Chesnut, Pamela) |
| Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Pamela Chesnut. #1 Notice of Removal, has been filed by Amica Mutual Insurance 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 (JMB) |
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Filing 3
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. (JMB)cc: COR
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| Filing 1 NOTICE OF REMOVAL from Rockcastle Circuit Court, case number 22-CI-00005. ( Filing fee $402; receipt number AKYEDC-5400123), filed by Amica Mutual Insurance Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Notice of Consent to Removal, #3 Exhibit C - C&C Discovery Responses, #4 Exhibit D - State Court Record, #5 Exhibit E - Notice of Filing Notice of Removal, #6 Civil Cover Sheet)(JMB) |
| ANSWER to Complaint with Jury Demand by Connor J. Shaw. Attached to NOR as part of the state court record at DE #1 -4(JMB) |
| Conflict Check run. (JMB) |
| ANSWER to Complaint with Jury Demand by Amica Mutual Insurance Company. Attached to NOR as part of the state court record at DE #1 -4 (JMB) |
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