Madden v. Jetta Operating Applachia, LLC et al
| Jetta Operating Applachia, LLC, John Holliday and John Doe |
| Shanna Madden |
| 6:2023cv00029 |
| March 2, 2023 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Wrongful Death |
| Plaintiff |
Docket Report
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| Filing 20 NOTICE by Shanna Madden and Certification of Limitation of Damages (Pillersdorf, Ned) Modified to further describe on 4/28/2023 (KJA). |
| Filing 19 OBJECTION to #18 Report and Recommendations filed by Shanna Madden. (Attachments: #1 Memorandum in Support)(Pillersdorf, Ned) |
| Filing 18 Recommended Disposition: Court RECOMMENDS Plaintiff's Motion to Remand (DE #10 ) be DENIED and the non-diverse defendant John Holliday be dismissed as fraudulently joined. Plaintiff's request for attorney fees under 28:1447(c) should also be denied because Plaintiff is not the prevailing party.Any objections to recommendation must be asserted in response to this Recommended Disposition. Court directs parties to 28:636(b)(1) and Federal Rule of Civil Procedure 72(b) for appeal rights and mechanics concerning this Recommended Disposition, issued under subsection (B) of statute. Within 14 DAYS after being served with copy of decision, any party may serve and file specific written objections to any or all findings or recommendations for determination by the District Judge. Failure to timely object consistent with statute and rule may result in waiver of further appeal to or review by District Court and C.O.A. Signed by Magistrate Judge Hanly A. Ingram on 04/18/2023.(JCP)cc: COR |
Filing 17
ORDER: Per 28 U.S.C. 636(b), the Court REFERS the remand matter #10 to United States Magistrate Judge Hanly A. Ingram for review and preparation of a recommended disposition. Signed by Judge Robert E. Wier on 03/24/2023.(KJA)cc: COR
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| Filing 16 REPLY to Response to #10 Motion to Remand to State Court and #14 , #13 Defendants' Combined Response and Reply to Motion filed by Shanna Madden. (Attachments: #1 Exhibit A-F)(Reynolds, C.) Modified text and linked to subject motion on 3/24/2023 (KJA). |
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Filing 15
ORDER: Motion (D.E. #6 ) is GRANTED. Defendants shall answer or otherwise respond to Plaintiffs Complaint no later than 10 days following the Courts ruling on the pending jurisdictional issues. Signed by Magistrate Judge Hanly A. Ingram on 03/20/2023. (JCP)cc: COR
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| Filing 14 Reply to Plaintiff's Response (D.E. #7 ) to Show Cause Order (D.E. #5 ) filed by John Holliday (Being Sued as an Agent of Jetta Operating Appalachia, LLC), Jetta Operating Applachia, LLC. (Attachments: #1 Exhibit Holliday Affidavit, #2 Exhibit KYIBRS Report, #3 Exhibit Final Diagnosis, #4 Exhibit Huff Affidavit, #5 Proposed Order Denying Remand)(Travis, Thomas) Modified to further describe on 3/20/2023 (KJA). |
| Filing 13 RESPONSE in Opposition re #10 MOTION to Remand to State Court by Shanna Madden filed by John Holliday(Being Sued as an Agent of Jetta Operating Appalachia, LLC), Jetta Operating Applachia, LLC. (Attachments: #1 Exhibit A Affidavit of John Holliday, #2 Exhibit B - KYIBRS Report, #3 Exhibit C - Final Diagnosis, #4 Exhibit D - Affidavit of Danny Huff, #5 Proposed Order Proposed Order Denying Remand)(Travis, Thomas) Modified to further describe on 3/20/2023 (KJA). |
| Filing 12 RESPONSE to Motion re #6 MOTION for Extension of Time to File Answer re #5 Order,,, Set Deadlines/Hearings,, #1 Notice of Removal, by John Holliday(Being sued Individually), John Holliday(Being Sued as an Agent of Jetta Operating Appalachia, LLC), Jetta Operating App filed by Shanna Madden. (Pillersdorf, Ned) |
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Filing 11
AMENDED ORDER: IT IS HEREBY ORDERED THAT, on or before Friday, March 17, 2023, Plaintiff SHALL RESPOND to the motion (D.E. #6 ). Signed by Magistrate Judge Hanly A. Ingram on 03/10/2023.(KJA) cc: COR Modified text on 3/13/2023 (KJA).
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| Filing 10 MOTION to Remand to State Court by Shanna Madden (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - KSP Narrative, #3 Exhibit C - Photograph of Tank, #4 Exhibit D - Photograph of Tank Lid after Incident, #5 Exhibit E - Death Certificate, #6 Proposed Order.) Filed pursuant to QC on 3/13/2023. (KJA) |
| NOTICE OF DOCKET MODIFICATION TO C. V. Reynolds re #7 Response to Order to Show Cause; Error: This is a response AND a motion. The document was filed only as a response when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a Motion to Remand #10 . In the future, when filing multiple documents within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further steps required by counsel. cc: COR (KJA) |
| Filing 9 NOTICE OF FILING by Shanna Madden re #7 Response to Order to Show Cause, (Attachments: #1 Proposed Order)(Reynolds, C.) |
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Filing 8
ORDER: IT IS HEREBY ORDERED THAT, on or before Friday, March 17, 2023, Defendants SHALL RESPOND to the motion (D.E. #6 ). Signed by Magistrate Judge Hanly A. Ingram on 03/10/2023.(JCP)cc: COR
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Shanna Madden #5 and Motion to Remand filed by Shanna Madden. (Attachments: #1 Exhibit A. Complaint, #2 Exhibit B. KSP Narrative, #3 Exhibit C. Photographs of Tank, #4 Exhibit D. Photograph of Tank lid after incident, #5 Exhibit E. Death Certificate)(Reynolds, C.) |
| Filing 6 MOTION for Extension of Time to File Answer re #5 Order,,, Set Deadlines/Hearings,, #1 Notice of Removal, by John Holliday(Being sued Individually), John Holliday(Being Sued as an Agent of Jetta Operating Appalachia, LLC), Jetta Operating Applachia, LLC Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order Granting Extension of Time to File Answer or Other Responsive Pleading)(Travis, Thomas) |
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Filing 5
ORDER: on or before Friday, March 24, 2023, Plaintiff shall SHOW CAUSE why Defendant Holliday should not be dismissed for fraudulent joinder, submitting any relevant proof and addressing all implicated topics. Defendants may respond within ten days of Plaintiffs filing. Plaintiff may reply within seven days of any filing by Defendants. The parties may raise any other issues directly relevant to federal jurisdiction. The matter will then stand submitted. Signed by Magistrate Judge Hanly A. Ingram on 03/06/2023.(JCP)cc: COR
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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 Robert E. Wier.. Signed by Judge Robert E. Wier on 11/13/2019.(JCP)cc: COR
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| Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Jetta Operating Applachia, LLC identifying Corporate Parent Jetta Operating Company, Inc for Jetta Operating Applachia, LLC.. (JCP) |
| Filing 1 NOTICE OF REMOVAL from Leslie Circuit Court, case number 23-CI-00013. ( Filing fee $402; receipt number AKYEDC-5493664), filed by Jetta Operating Applachia, LLC, John Holliday(Being sued Individually), John Holliday(Being Sued as an Agent of Jetta Operating Appalachia, LLC). (Attachments: #1 Exhibit A- State Court Record, #2 Civil Cover Sheet)(JCP) |
| Conflict Check run. (JCP) |
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