Nichols et al v. Wheeler et al
Plaintiff: Charles Nichols and Lindsay Nichols
Defendant: Austin Wheeler, The Progressive Corporation and Progressive Hawaii Insurance Corp.
Case Number: 6:2022cv00232
Filed: December 20, 2022
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Claria Horn Boom
Referring Judge: Hanly A Ingram
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Auto Negligence
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2023 Opinion or Order Filing 21 ORDER REASSIGNING CASE: Court TRANSFERS this matter to Magistrate Judge Hanly A. Ingram for all proceedings, including trial. The Clerk of Court is DIRECTED to change the case number to include only Judge Ingrams initials. Signed by Judge Claria Horn Boom on 02/16/2023.(JCP)cc: COR
February 10, 2023 Opinion or Order Filing 19 ORDER: Plaintiffs motion (D.E. #18 ) is DENIED without prejudice to the resubmission of a corrected motion. Signed by Magistrate Judge Hanly A. Ingram on 02/10/2023. (JCP)cc: COR
February 10, 2023 ***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #18 MOTION for Elizabeth Sitgreaves to Appear Pro Hac Vice by Charles Nichols, Lindsay Nichols ( Filing fee $125; receipt number AKYEDC-5475230) (JCP)
February 10, 2023 ***FILE SUBMITTED TO CHAMBERS of Judge Ingram for review: #10 MOTION to Remand to State Court by Charles Nichols, Lindsay Nichols , #13 RESPONSE, #17 REPLY (JCP)
February 10, 2023 BAR STATUS Check completed as to Elizabeth Sitgreaves re #18 MOTION for Elizabeth Sitgreaves to Appear Pro Hac Vice by Charles Nichols, Lindsay Nichols ( Filing fee $125; receipt number AKYEDC-5475230). (JCP)
February 9, 2023 Filing 18 MOTION for Elizabeth Sitgreaves to Appear Pro Hac Vice by Charles Nichols, Lindsay Nichols ( Filing fee $125; receipt number AKYEDC-5475230)Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Hay, Richard)
February 9, 2023 Filing 17 REPLY to #13 , #10 filed by Charles Nichols, Lindsay Nichols. (Hay, Richard)
February 6, 2023 ***FILE SUBMITTED TO CHAMBERS of Judge Ingram for review: #15 Answer to Complaint, #16 Report of Rule 26(f) Planning Meeting (JCP)
February 3, 2023 Filing 16 JOINT REPORT of Rule 26(f) Planning Meeting. (Hay, Richard)
February 3, 2023 Filing 15 ANSWER to Complaint with Jury Demand by Austin Wheeler. (Attachments: #1 Attachment Answer filed in Jackson Circuit Court)(Reinhardt, R.)
February 3, 2023 ***FILE SUBMITTED TO CHAMBERS of Judge Ingram for review: #5 Notice to Attorney PHC Motion not filed. (JCP)
February 2, 2023 Opinion or Order Filing 14 ORDER: Any reply by Plaintiffs SHALL be filed in accordance with Joint Local Civil Rule 7.1. Signed by Magistrate Judge Hanly A. Ingram on 02/02/2023.(JCP)cc: COR
February 2, 2023 ***FILE SUBMITTED TO CHAMBERS of Judge Ingram for review: #10 MOTION to Remand to State Court by Charles Nichols, Lindsay Nichols , #12 Order,, Set Motion and R&R Deadlines/Hearings, #13 RESPONSE (JCP)
February 1, 2023 Filing 13 RESPONSE to #10 filed by Progressive Hawaii Insurance Corp.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Amended Complaint, #3 Exhibit Secretary of State, #4 Exhibit Notice of affidavit of service)(House, Jillian)
January 23, 2023 Opinion or Order Filing 12 IT IS HEREBY ORDERED defendant SHALL file response to motion (D.E. #10 ) ON OR BEFORE WEDNESDAY, FEBRUARY 1, 2023. Failure to respond will be construed by the Court as indicating no objection to motion.. Signed by Magistrate Judge Hanly A. Ingram on 01/23/2023.(JCP)cc: COR
January 18, 2023 Filing 10 MOTION to Remand to State Court by Charles Nichols, Lindsay Nichols (Attachments: #1 Exhibit Complaint, #2 Exhibit Secretary of State service, #3 Exhibit Docket Sheet, #4 Exhibit Amended Complaint, #5 Exhibit Answer - Progressive Hawaii Ins. Corp., #6 Exhibit Notice of Service - Austin Wheeler, #7 Proposed Order Proposed Order)(Hay, Richard)
January 17, 2023 Filing 11 NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCOMPLETE document attached to docket entry by docket clerk; No Judge's signature re #9 Order For Meeting and Report, ; Correct document attached to this entry. *STC* cc: COR (Attachments: #1 Consent to Proceed Before Magistrate Judge)(APR)
January 17, 2023 Opinion or Order Filing 9 ORDER FOR MEETING AND REPORT: (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: a-e. Signed by Magistrate Judge Hanly A. Ingram on 1/17/2023. (Attachments: #1 Consent to Proceed Before Magistrate Judge)(APR)cc: COR (Main Document 9 replaced on 1/19/2023) (STC).
January 17, 2023 NOTICE OF MANDATORY ECF DIRECTED TO Caroline Ahler Augenstein: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #9 Order For Meeting and Report,. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, Caroline Ahler Augenstein by US Mail (APR)
January 17, 2023 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: #8 RESPONSE (APR)
January 17, 2023 NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Caroline Ahler Augenstein: re #9 Order For Meeting and Report,. An e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Caroline Ahler Augenstein (APR)
January 13, 2023 Filing 8 RESPONSE to #6 filed by Progressive Hawaii Insurance Corp.. (House, Jillian)
December 29, 2022 Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Progressive Hawaii Insurance Corp.. (House, Jillian)
December 29, 2022 Opinion or Order Filing 6 ORDER TO SHOW CAUSE: On or before January 13, 2023, Defendant Progressive Hawaii Insurance Corporation SHALL SHOW CAUSE why this case should not be remanded for lack of unanimous consent and as untimely removed under 28 U.S.C. 1446(b). Signed by Magistrate Judge Hanly A. Ingram on 12/29/2022.(JMB)cc: COR
December 21, 2022 Filing 5 NOTICE TO ATTORNEY Elizabeth Sitgreaves by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Powers, Joshua)
December 21, 2022 Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Jillian D. House has been filed by Progressive Hawaii Insurance Corp. 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 (Powers, Joshua)
December 21, 2022 Opinion or Order 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 Claria Horn Boom on 10/04/2021.(Powers, Joshua)cc: COR Modified on 12/21/2022 (Powers, Joshua).
December 21, 2022 Conflict Check run. (Powers, Joshua)
December 20, 2022 Filing 1 NOTICE OF REMOVAL from Jackson Circuit Court, case number 22-CI-93. ( Filing fee $402; receipt number AKYEDC-5438014), filed by Progressive Hawaii Insurance Corp.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Amended Complaint, #3 Exhibit Discovery Med Summary, #4 Exhibit Notice of Service, #5 Exhibit Notice of Removal State Court)(Powers, Joshua)

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Plaintiff: Charles Nichols
Represented By: Elizabeth Sitgreaves
Represented By: Sarah Hay Knight
Represented By: Richard Hay
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Plaintiff: Lindsay Nichols
Represented By: Elizabeth Sitgreaves
Represented By: Richard Hay
Represented By: Sarah Hay Knight
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Defendant: Austin Wheeler
Represented By: R. Craig Reinhardt
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Defendant: The Progressive Corporation
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Defendant: Progressive Hawaii Insurance Corp.
Represented By: Caroline Ahler Augenstein
Represented By: Jillian Dove House
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