Howard v. State Farm Fire and Casualty Company
| David Howard |
| State Farm Fire and Casualty Company |
| 6:2023cv00172 |
| September 14, 2023 |
| U.S. District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Insurance |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| Both |
Docket Report
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| Document Text |
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| Filing 11 NOTICE by David Howard of Service of his Rule 26(a)(1) Disclosures (Bryant, Jeremy) |
| Filing 10 NOTICE by State Farm Fire and Casualty Company of Service of its Rule 26(a)(1) Disclosures (Banks, Darrin) |
Filing 9
SCHEDULING ORDER: 1. Parties shall exchange initial Rule 26(a)(1) disclosures by OCT. 31, 2023. Supplementation is due is DEC. 31, 2023. 2. Plaint. shall file any motion to join parties or amend pleadings by NOV. 30, 2023. Def shall have until DEC. 31, 2023 to do same. 3. Parties shall complete all fact and expert discovery by JUNE 30, 2024. 4. Plaint. shall provide expert reports and Rule 26(a)(2) disclosures by FEB. 28, 2024. Def. by APRIL 30, 2024. 5. NLT JUNE 30, 2024, parties shall file all dispositive motions. Response and reply time governed by local rule. Any depositions cited to in a motion or other brief must be filed in their entirety along with the motion or other brief. 6. In accordance with Judge Wier's referral order #4 , court declines at this time to schedule a pretrial conf., trial, or deadlines for related filings. Upon resolution of any summ. judgment motion or exp. of deadlines for same, Judge Wier will set other deadlines and schedule further proceedings. Should parties seek to est. Daubert or in limine deadlines contemporaneous with dispositive motion deadlines, they may file a motion to amend Scheduling Order describing the need for such deadlines. 7. Court builds case schedule based on party input. Mod. of this schedule is thus 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 parties Rule 26(f0 report, the default limits within discovery rules apply. 9. Court HEREBY ORDERS that a telephonic status conference SHALL occur on Friday February 16, 2024 at 11:00 a.m. The call will be off the record and for counsel only. The Court will provide more information about how to join the conference as that date approaches. Signed by Magistrate Judge Hanly A. Ingram on 10/13/2023.(JCP)cc: COR
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Filing 8
AGREED ORDER TO BIFURCATE: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Plaintiff's claims for bad faith, violation of the Kentucky Unfair Claims Settlement Practices Act and/or other extra-contractual damages, are hereby bifurcated from the Plaintiff's underlying contractual claims. Discovery pertaining to the bifurcated claims for bad faith or other extra-contractual damages shall be held in abeyance pending resolution of the underlying action. Upon conclusion of the underlying claims, those remaining claims, if any, shall be the subject of a new scheduling order by the Court. Signed by Magistrate Judge Hanly A. Ingram on 10/13/2023. (APR) cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: #6 Report of Rule 26(f) Planning Meeting (APR) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #7 Proposed Agreed Order to bifurcate by State Farm Fire and Casualty Company, David Howard (APR) |
| Filing 7 Proposed Agreed Order to bifurcate by State Farm Fire and Casualty Company, David Howard (Banks, Darrin). Modified text and added filer on 10/13/2023 (APR). |
| Filing 6 JOINT REPORT of Rule 26(f) Planning Meeting. (Banks, Darrin) |
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Filing 5
ORDER FOR MEETING AND REPORT: 1. W/in 21 days, the partes, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates. 2. W/in 14 days of the meeting, the parties shall file a joint status report containing: a-e. Signed by Magistrate Judge Hanly A. Ingram on 9/18/2023. (Attachments: #1 Consent Form)(APR)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 on 11/13/2019.(JCP)cc: COR
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| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by State Farm Fire and Casualty Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire and Casualty Company.. (Attachments: #1 Corporate Disclosure Statement 7.1(a)(2))(JCP) |
| Filing 1 NOTICE OF REMOVAL from Laurel Circuit Court, case number 23-CI-00621. ( Filing fee $402; receipt number AKYEDC-5650837), filed by State Farm Fire and Casualty Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A. State Court Record, #3 Exhibit B. Complaint, #4 Exhibit C. Process of Service)(JCP) |
| ANSWER to Complaint with Jury Demand by State Farm Fire and Casualty Company. Filed in State Court Record-See DE #1 (JCP) |
| Conflict Check run. (JCP) |
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| Plaintiff: David Howard | |
| Represented By: | Jeremy W. Bryant |
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| Defendant: State Farm Fire and Casualty Company | |
| Represented By: | Darrin Winn Banks |
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