Anderson et al v. Tyson Foods, Inc. et al
| Holly Anderson and Michael Anderson |
| Tyson Foods, Inc., Tyson Sales and Distributing, Inc., Robert Bruce and Tyson Sales and Distribution, Inc. |
| 6:2023cv00048 |
| March 25, 2023 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Auto Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 AMENDED ANSWER to Tyson Foods, etc. #24 Answer to Complaint, Counterclaim by Michael Anderson. (Hay, Richard) |
| Filing 25 NOTICE by Holly Anderson, Michael Anderson (Hay, Richard) |
| Filing 24 AMENDED ANSWER to Complaint, COUNTERCLAIM against Holly Anderson, Michael Anderson by Robert Bruce, Tyson Sales and Distribution, Inc., Tyson Foods, Inc. filed pursuant to Order D.E. #23 .(KJA) |
Filing 23
ORDER: IT IS HEREBY ORDERED THAT Defendants' motion (D.E. #17 ) is GRANTED. The Clerk is DIRECTED to file the Amended Answer and Counterclaim (D.E. #17 -1) in the record. Signed by Magistrate Judge Hanly A. Ingram on 05/08/2023. (KJA)cc: COR
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| Filing 22 NOTICE by Robert Bruce, Tyson Foods, Inc., Tyson Sales and Distribution, Inc. Response to Second Requests for Production of Documents (Combs, Tia) |
| Filing 21 RESPONSE to Motion re #17 MOTION to Amend/Correct Answer to Complaint by Robert Bruce, Tyson Foods, Inc., Tyson Sales and Distribution, Inc. filed by Holly Anderson, Michael Anderson. (Hay, Richard) |
| Filing 20 NOTICE to Take Deposition of Holly Anderson on 6/30/2023 at 10:00 am by Robert Bruce, Tyson Foods, Inc., Tyson Sales and Distribution, Inc..(Combs, Tia) |
| Filing 19 NOTICE to Take Deposition of Michael Anderson on 6/30/2023 at 9:00 am by Robert Bruce, Tyson Foods, Inc., Tyson Sales and Distribution, Inc..(Combs, Tia) |
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Filing 18
ORDER re #17 MOTION to Amend/Correct Answer to Complaint: Defendants, through counsel, have moved for leave to file an Amended Answer and Counterclaim. D.E. 17. IT IS HEREBY ORDERED THAT Plaintiffs SHALL RESPOND to the motion on or before May 8, 2023. Signed by Magistrate Judge Hanly A. Ingram on 5/1/2023.(MM)cc: COR
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| Filing 17 MOTION to Amend/Correct Answer to Complaint by Robert Bruce, Tyson Foods, Inc., Tyson Sales and Distribution, Inc. Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit A-Amended Answer and Counterclaim, #2 Proposed Order)(Combs, Tia) |
| Filing 16 NOTICE by Robert Bruce, Tyson Foods, Inc., Tyson Sales and Distribution, Inc. Initial Disclosures were served upon counsel for Plaintiffs on this the 21st day of April, 2023 (Combs, Tia) Modified to further describe on 4/25/2023 (KJA). |
| Filing 15 NOTICE by Holly Anderson, Michael Anderson Plaintiffs Initial Disclosures were served upon the parties by e-mail on April 21, 2023 (Hay, Richard) Modified to further describe on 4/25/2023 (KJA). |
| Filing 14 NOTICE OF SERVICE by Tyson Foods, Inc. Propounded First Interrogatories and Request for Production of Documents upon Plaintiffs Holly Anderson and Michael Anderson. (Combs, Tia) Modified to further describe on 4/18/2023 (KJA). |
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Filing 13
ORDER: 1. Parties shall exchange Rule 26(a)(1) disclosures by APRIL 21, 2023. Supplementation due within 30 days of discovery of new info or the need to supplement, but NLT 30 days prior to discovery deadline. 2. Parties shall file any motion to join additional parties or amend pleadings by MAY 11, 2023. 3. Parties shall complete discovery related to non-expert witnesses and liability by OCTOBER 6, 2023. Any supplementation under Rule 26(e) shall be made by SEPTEMBER 6, 2023. Parties shall complete expert discovery and Plaintiffs damages by FEBRUARY 16, 2024. 4. Per Rule 26(a)(2), NLT SEPTEMBER 1, 2023, Plaintiffs shall disclose the id of expert witnesses who may be used at trial, accompanied by written reports signed by the Rule 26(a)(2)(b) expert witnesses and/or written summaries consistent with Rule 26(a)(2)(C). NLT NOVEMBER 3, 2023, Defendant shall provide same. 5. NLT MARCH 22, 2024, parties shall file all dispositive and Daubert motions. Response and reply time shall be governed by local rule. Any depos cited to in a motion or other brief must be filed in entirety along with motion or other brief. 6. In accordance with Judge Wier's referral order #4 , Court declines to schedule a pretrial conf., trial, or deadlines for related filings at this time. Upon resolution of any summary judgment motion or exp. of deadlines for same, Judge Wier will set other deadlines and schedule further proceedings. Should parties seek to est. in limine deadlines contemporaneous with the dispositive motion deadlines set forth above, they may file a motion to amend this Scheduling Order describing the need for such deadlines. 7. Court builds the case schedule based on party input. Mod. of this schedule this is disfavored and will only occur under the standards and mechanics of Rule 16 and/or Rule 6. 8. Other than agreed-upon discovery limits within the parties' Rule 26(f) report, the default limits within the discovery rules apply. 9. Court HEREBY ORDERS that a telephonic status conference SHALL occur on Friday, July 14, 2023, at 11:00 a.m. The call will be off the record and for counsel only. To join the teleconference, the parties are DIRECTED to call 1-606-371-5577 and enter Meeting ID 852 576 105#. Signed by Magistrate Judge Hanly A. Ingram on 04/17/2023.(JCP)cc: COR
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| Filing 12 REPORT of Rule 26(f) Planning Meeting. (Combs, Tia) |
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Filing 11
AGREED ORDER: 1.The proper name for the named Defendant, Tyson Sales and Distributing, Inc. is Tyson Sales and Distribution, Inc. 2.Tyson Sales and Distribution, Inc., shall be substituted for Tyson Sales and Distributing, Inc. as the proper party in this matter and the caption amended accordingly. 3.Any documents filed on behalf of Tyson Sales and Distributing, Inc. shall be considered filed on behalf of Tyson Sales and Distribution, Inc. Signed by Judge Robert E. Wier on 04/05/2023.(JCP)cc: COR
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| Filing 10 CORPORATE DISCLOSURES by Tyson Foods, Inc., Tyson Sales and Distributing, Inc..(Combs, Tia) |
| Filing 9 Proposed Agreed Order by Tyson Foods, Inc., Tyson Sales and Distributing, Inc.. (Combs, Tia) |
| Party Tyson Sales and Distributing, Inc. terminated. (JCP) |
| Filing 8 NOTICE of Appearance by Sean Catherine Harrison on behalf of All Defendants (Harrison, Sean) |
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Filing 7
ORDER FOR MEETING AND REPORT: 1. WITHIN 21 DAYS parties shall meet to consider the topics Rule 26(f)(2) mandates. 2. WITHIN 14 DAYS of meeting, parties shall file a joint status report containing: see items a-e. Signed by Magistrate Judge Hanly A. Ingram on 03/28/2023.(JCP)cc: COR
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| Filing 6 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Tia J. Combs has been filed by Tyson Sales and Distributing, Inc. 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 (JCP) |
| Filing 5 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Tia J. Combs has been filed by Tyson Foods, Inc. 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 (JCP) |
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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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| Conflict Check run. (JCP) |
| Filing 2 NOTICE of Appearance- Tia J. Combs for Defendants (JCP) |
| Filing 1 NOTICE OF REMOVAL from Pulaski Circuit Court, case number 22-CI-00992. ( Filing fee $402; receipt number AKYEDC-5515140), filed by Robert Bruce, Tyson Foods, Inc., Tyson Sales and Distributing, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- Correspondence Between Counsel, #3 Exhibit B- State Court Record, #4 Exhibit C- State Court Docket Sheet)(JCP) |
| ANSWER to Complaint- Filed in State Court Record- See D.E. #1 by Robert Bruce, Tyson Foods, Inc., Tyson Sales and Distributing, Inc..(JCP) |
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