Hensley v. Allstate Property and Casualty Insurance Company
| Vontella Hensley |
| Allstate Property and Casualty Insurance Company |
| 6:2023cv00200 |
| November 8, 2023 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Gregory F VanTatenhove |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on January 4, 2024. A more recent docket listing may be available from PACER.
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Filing 8
ORDER: The Court HEREBY ORDERS that a TELECONFERENCE SHALL occur on 2/23/2024 at 11:00 AM to discuss the progress of discovery. The call will be off the record and for counsel only. The Court will provide dial-in instruction prior to the call. Signed by Magistrate Judge Hanly A. Ingram on 1/4/2024. (APR)cc: COR,CD
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Filing 7
SCHEDULING ORDER: DISCOVERY. Parties agree that Ms. Hensley's Under-Insured Motorist claim shall be bifurcated from her extra-contractual and bad faith claims. Discovery relating to Ms. Hensley's extra-contractual and bad faith claims shall be stayed pending a resolution of the Under-Insured Motorist claim. 2. Parties shall observe the following directives regarding the filing of discovery materials in this case unless the Court otherwise specifically so orders: (a) Rule 26(a)(1) Initial Disclosures, Interrogatories, and Answers or other responses thereto, Requests for Production of Documents and Answers or other responses thereto, Requests for Admissions and Answers thereto, and any documents or tangible things produced pursuant to such discovery request, as well as any discovery depositions not subject to part (b) below, shall not be filed. (b) Plaintiff disclose expert witnesses, any report required by Rule 26(a)(2), on or before 4/1/2024. (c) Defendant disclose expert witnesses, any report required by Rule 26(a)(2), on or before 6/1/2024. (d) Depositions of experts completed by 8/1/2024. (e) Fact discovery completed by 4/1/2024. 3. Discovery disputes shall be resolved in the following manner: (a)-(d). DISPOSITIVE MOTIONS 1. Both parties shall have up to and including 7/1/2024 to amend pleadings and join additional parties. 2. Both parties shall have up to and including 8/15/2024 by which to file dispositive motions, motions in limine, and/or Daubert motions. PRETRIAL 1. FINAL PRETRIAL CONFERENCE set for 1/13/2025 at 01:30 PM in FRANKFORT. Said Final Pretrial Conference shall be attended by all parties who will be trying the case, as well as the parties themselves, or a corporate/carrier representative w/ full settlement authority. 2. NLT 8/15/2024, counsel shall file w/ the Clerk an original, shall submit a copy to the Court's chambers, and shall provide a copy to opposing counsel of the following, each to be filed as a separate document:(a)-(c). 3. NLT 45 days prior to the Trial, counsel shall file: (a)-(c). 4. NLT 30 days prior to trial, counsel shall file any other motions in limine, w/ Responses thereto due 15 days prior to trial. 5. NLT 30 days prior to trial, a copy of the Agreed Proposed Jury Instructions shall also be filed separately, w/ supporting authorities. If the parties cannot agree on certain instructions, counsel shall file w/ the Clerk, shall submit a copy to the Court, and shall provide a copy to opposing counsel of their separately proposed instructions w/ supporting authorities. Failure to submit jury instructions w/in the time provided may result in cancellation of the Final Pretrial Conference and Trial dates. 6. NLT 7 days prior to the Final Conference, counsel shall file w/ the Clerk an original, shall submit a copy to the Court's chambers, and shall provide a copy to opposing counsel of the following, each to be filed as a separate document: (a)-(d). 7. At the Final Pretrial Conference, counsel for the parties shall be prepared to: (a)-(e). 8. In addition to the official copies filed w/ the Clerk of the Court, the following documents shall be submitted to the undersigned's Chambers electronically: (a)-(e). These documents shall be transmitted in Word Document format as an email attachment. TRIAL JURY TRIAL set for 1/27/2025 at 10:00 AM in FRANKFORT w/ counsel to arrive by 9:30 a.m. Trial expected to last 2 days. EXTENSION OF TIME Request to modify any dates or deadlines established by this Order shall be submitted upon motion filed prior to expiration of the deadline in question, and upon showing of good cause beyond the control of counsel in the exercise of due diligence. REFERRAL TO MAGISTRATE JUDGE IT IS FURTHER ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) this matter is referred to the Magistrate Judge for the purpose of: 1-2. Signed by Judge Gregory F. Van Tatenhove on 1/4/2024.(APR)cc: COR, Frankfort Clerk. Modified text on 1/4/2024 (APR).
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| Filing 6 NOTICE by Allstate Property and Casualty Insurance Company of Service of Interrogatories and Requests for Production of Documents Propounded to Plaintiff (Ridings, Marcia) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #5 Report of Rule 26(f) Planning Meeting (APR) |
| Filing 5 JOINT REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Order Agreed Order to Bifurcate and Stay)(Barfield, Mindy) |
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Filing 4
ORDER FOR MEETING AND REPORT: 1. No later than thirty (30) days from the date of entry and service of this order, theparties shall conduct the meeting of parties required by Rule 26(f). 2. At the time of the meeting, the parties shall exchange the disclosures required by Rule 26(a)(1) and, in the future, shall make supplemental disclosures when required by Rule 26(e). 3. No later than ten (10) days after the meeting, the parties shall file a written joint report. Signed by Judge Gregory F. Van Tatenhove on 12/12/2023. (Attachments: #1 MJ Consent Form)(KJA)cc: COR
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| NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re 3 Case Assignment ; Error: incorrect file date; Entry by docket clerk; Correction: corrected file date; cc: COR (JCP) |
| Conflict Check run. (JCP) |
| Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Allstate Property and Casualty Insurance Company identifying Corporate Parent The Allstate Corporation, Corporate Parent Allstate Insurance Company, Corporate Parent Allstate Insurance Holdings, LLC for Allstate Property and Casualty Insurance Company. (APR) |
| Filing 1 NOTICE OF REMOVAL from Clay Circuit, case number 23-CI-00217 ( Filing fee $402; receipt number AKYEDC-5693641), filed by Allstate Property and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - State Court Record, #2 Civil Cover Sheet)(APR) |
| ANSWER to Complaint by Allstate Property and Casualty Insurance Company. Filed in State Court Record - See DE #1 . (APR) |
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| Plaintiff: Vontella Hensley | |
| Represented By: | Yancey L. White |
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| Defendant: Allstate Property and Casualty Insurance Company | |
| Represented By: | Marcia Milby Ridings |
| Represented By: | Mindy G. Barfield |
| Represented By: | Shadette Page Johnson |
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