Hite v. Go Time Restaurants, LLC.
| John Hite |
| Go Time Restaurants, LLC. |
| 6:2023cv00160 |
| August 24, 2023 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| Hanly A Ingram |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1441 Petition for Removal - Employment Discrim |
| Plaintiff |
Docket Report
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Filing 13
ORDER: The Court HEREBY ORDERS that a TELECONFERENCE SHALL occur on 12/1/2023 at 11:30 AM to discuss the progress of discovery. The call will be off the record and for counsel only. Chambers will circulate dial-in instructions prior to the call. Signed by Magistrate Judge Hanly A. Ingram on 10/3/2023.(APR)cc: COR,CD
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Filing 12
PRETRIAL ORDER: 1. NLT 21 days before the Pretrial Conference, counsel shall file the following: a. a list of witnesses and exhibits in accordance w/ Fed.R.Civ.P. 26(a)(3) and the following: (i)-(iii). b. any appropriate motions in limine; c. transcript of all evidentiary depositions to be used at trial along w/ any motions for ruling by the court upon any objections made in any evidentiary deposition to be used at trial on which ruling by the court is necessary prior to trial. Any objections w/in any deposition which is not so raised specifically (by citation to page number and question number) for ruling by the court shall be deemed to be summarily overruled; d. a pretrial memorandum brief containing a succinct statement of the facts of the case, the issues of fact and the issues of law; 2. NLT 14 days before the Pretrial Conference, the parties shall file: a. written objections, pursuant to Fed. R. Civ. P. 26(a)(3), to the lists of witnesses and exhibits previously filed by any other party. Objections not so disclosed, other than objections under Rules 402 and 403 of the Federal Rules of Evidence, shall be deemed waived unless excused by the court for good cause shown; b. responses to any other party's motion in limine; and c. responses to any other party's motion for a ruling on any objection made in an evidentiary deposition. 3. At the pretrial conference, counsel for the parties shall be prepared to: a. discuss and make possible stipulations of admissibility, or threshold foundation requirements for admissibility of exhibits, including authenticity; discuss and make stipulations of fact or law which would expedite the trial of this actions; b. disclose any demonstrative or summary exhibits intended for use at trial; c. discuss the possibility of settlement; and e. advise the Court of anticipated technological issues that may arise at trial. 4. The Pretrial Conference shall be attended by all attorneys who will be trying the case. Signed by Judge Karen K. Caldwell on 10/2/2023.(APR)cc: COR
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Filing 11
SCHEDULING ORDER: SCHEDULING ORDER: 1. The following deadlines shall be observed in this action (a) Counsel exchange information required by Rule 26(a)(1) by 10/16/2023. These disclosures need not be filed in the record; (b) Counsel shall have TO AND INCLUDING 11/30/2023 by which to file any motions to join additional parties or to amend pleadings. (c) Supplemental disclosures and responses need not be filed in the Court record; (d) Rule 26(a)(2) reports from expert trial witnesses are due: (i) From Plaintiff and Defendant by 12/1/2023; (ii) Any rebuttal experts by 1/15/2024. (e) All discovery shall be completed by 2/16/2024. (f) All dispositive and any Daubert motions shall be filed NLT 3/15/2024, w/ response and reply time as per Local Rule 7.1(c)(1) and (2). Applications for extensions of time will be granted by the trial judge only upon good cause shown. 2. No motions to compel, nor any other motion relating to a discovery dispute, shall be filed unless all counsel involved in such dispute have first conferred as directed by Fed.R.Civ.P. 37(a)(2)(A). 3. Parties shall observe the following directives regarding the filing of discovery materials in this case unless the court otherwise specifically so orders: (a)-(b). 4. No extensions of the deadlines set in this order, or those contained in the separate pretrial conference order also entered this date shall be granted unless an appropriate motion is filed prior to expiration of the deadline in question, and upon a showing of good cause beyond the control of counsel in the exercise of due diligence. 5. TELEPHONIC PRETRIAL CONFERENCE set for 9/19/2024 at 02:00 PM in LEXINGTON before Judge Karen K. Caldwell. A separate Order w/ call information will be entered prior to the Pretrial Conference. 6. JURY TRIAL set for 10/7/2024 at 09:00 AM in LONDON before Judge Karen K. Caldwell. Counsel should be present by 8:30 a.m. Anticipated length of trial is 3 days. IT IS FURTHER ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A), this matter is referred to the appropriate MJ for this division for purposes of managing all discovery and pretrial scheduling issues, including resolving all discovery disputes and revising any dates and deadlines established in the Court's Scheduling Order, except for the dispositive motion deadline. Discovery disputes shall be resolved as defined w/in this Order. Signed by Judge Karen K. Caldwell on 10/2/2023.(APR)cc: COR,LEX CD,LON CD,LON JC
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| ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #10 Report of Rule 26(f) Planning Meeting (APR) |
| Filing 10 REPORT of Rule 26(f) Planning Meeting. (Martin, Ryan) |
| Filing 9 REQUEST for Production of Documents by John Hite.(Smith, David) |
| Filing 8 INTERROGATORIES Propounded to Defendant, Go Time Restaurants, LLC by John Hite.(Smith, David) |
| Filing 7 DISCLOSURES by John Hite.(Smith, David) |
| Filing 6 ANSWER to #4 Answer to Complaint, Counterclaim by John Hite. (Attachments: #1 Exhibit - Correspondence between John Hite and Got Time Restaurants, LLC)(Smith, David) Modified to further describe exhibit on 9/8/2023 (KJA). |
| NOTICE OF DOCKET MODIFICATION TO David O. Smith re #6 Answer to Counterclaim; Error: attachment was insufficiently described as "Exhibit" "Exhibit B." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (KJA) |
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Filing 5
ORDER FOR MEETING AND REPORT: 1. W/in 21 days from the date of service of this order, counsel for the parties shall conduct the meeting required by Federal Rule of Civil Procedure 26(f) to discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case; to make or arrange for the disclosures required by Rule 26(a)(1); and to develop a proposed discovery plan. 2 NLT 14 days after the meeting, counsel shall file a written joint report containing: (a) - (h). Signed by Judge Karen K. Caldwell on 9/1/2023. (APR)cc: COR
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| Filing 4 ANSWER to Complaint , COUNTERCLAIM against John Hite by Go Time Restaurants, LLC..(Martin, Ryan) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #4 Answer to Complaint, Counterclaim (APR) |
| Conflict Check run. (JCP) |
| Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Go Time Restaurants, LLC.. (JCP) |
| Filing 1 NOTICE OF REMOVAL from Laurel Circuit Court, case number 23-CI-00578. ( Filing fee $402; receipt number AKYEDC-5632319), filed by Go Time Restaurants, LLC.. (Attachments: #1 Exhibit 1- State Court Complaint and Summons, #2 Exhibit 2- Notice of Filing Notice of Removal, #3 Civil Cover Sheet)(JCP) |
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| Plaintiff: John Hite | |
| Represented By: | David O. Smith |
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| Defendant: Go Time Restaurants, LLC. | |
| Represented By: | Ryan M. Martin |
| Represented By: | Alexander W. Wilcox |
| Represented By: | Jason S. Morgan |
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