M.L.D. et al v. Kawasaki Tennessee Inc. et al
| M.L.D., B.S.D. and Stacie Kara-Lynn Blankenship |
| Kawasaki Tennessee Inc. and Kawasaki Motor Corp., U.S.A. |
| 6:2023cv00207 |
| November 21, 2023 |
| US District Court for the Eastern District of Kentucky |
| Claria Horn Boom |
| Hanly A Ingram |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.
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Filing 13
SCHEDULING ORDER: 1. The parties shall exchange initial Rule 26(a)(1) disclosures by January 31, 2024. 2. The parties shall have up to and including April 30, 2024, in which to amend pleadings or to join parties. 3. Per Rule 26(a)(2), no later than January 17, 2025, Plaintiffs shall disclose the identity of expert witnesses who may be used at trial; Defendants by April 18, 2025. 4. All fact and expert discovery shall be completed on or before July 17, 2025.5. No later than August 16, 2025, counsel for the parties shall file all dispositive motions, with responses governed by the local rules. 6. MID-DISCOVERY TELEPHONIC CONFERENCE set for 10/11/2024 at 11:00 AM in LONDON before Magistrate Judge Hanly A. Ingram. The call, based in London, will be ON the record and for counsel only. The Court will provide dial-in information prior to the call. 7. In accordance with District Judge Booms referral order, the Court declines at this time to schedule a pretrial conference, trial, or deadlines for related filings. 8. The Court builds the case schedule based on party input. Modification of this schedule thus is disfavored and will only occur under the standards and mechanics of Rule 16 and/or Rule 6, as applicable. 9. Other than the agreed-upon discovery limits within the parties Rule 26(f) report, the default limits within the discovery rules apply. Signed by Magistrate Judge Hanly A. Ingram on 01/12/2024. (KJA)cc: COR, London Diary
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| Filing 12 MINUTE ENTRY ORDER FOR TELEPHONIC SCHEDULING CONFERENCE held on 1/11/2024 before Magistrate Judge Hanly A. Ingram: Defense counsel explained he expects delay and difficulty due to the need for documents, witnesses, and consultation coming from his clients Japanese parent company. Plaintiffs' counsel explained his clients suffered broken bones and the oldest one is still in need of further treatment. Both sides argued that, in their experience, product-liability cases that involve long-term injuries and that require input from foreign corporations move slowly for reasons including time zone differences, the need to translate documents, and so on. The Court explained it would adopt the proposed schedule but cautioned that deadline extensionswould be unlikely. A Scheduling Order will be entered separately. (Tape #KYED-LON_6-23-CV-207-CHB-HAI_20240111_150357.) Signed by Hanly A. Ingram. (KJA)cc: COR Modified hearing date on 1/12/2024 (KJA). |
| NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re #12 Telephone Conference; Error: incorrect hearing date entered; Entry by docket clerk; Correction: Modified hearing date from 1/12/2024 to 1/11/2024; No further action required. cc: COR (KJA) |
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Filing 11
ORDER: The On-The-Record scheduling teleconference previously set for Ja. 4 is RESCHEDULED TO THURS., JAN. 11, 2024, AT 3:30 P.M. To join the teleconference, the parties are DIRECTED to call (606) 371-5577 and enter Conference ID 963 823 604 #. Signed by Magistrate Judge Hanly A. Ingram on 01/04/2023.(JCP)cc: COR
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Filing 10
ORDER: On the Courts own motion, IT IS HEREBY ORDERED THAT the scheduling teleconference set for tomorrow, January 4, is CONTINUED GENERALLY and will be reset by separate order. Signed by Magistrate Judge Hanly A. Ingram on 1/3/2024.(JMB)cc: COR
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Filing 9
ORDER: TELEPHONE CONFERENCE, ON the record and for counsel only, set for 1/4/2024 at 01:30 PM in LONDON before Magistrate Judge Hanly A. Ingram. To join the teleconference, the parties are DIRECTED to call (606) 371-5577 and enter Conference ID 963 823 604#. Signed by Magistrate Judge Hanly A. Ingram on 12/28/2023.(JMB)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #8 Status Report and Proposed Litigation Plan (JMB) |
| Filing 8 JOINT STATUS REPORT and Proposed Litigation Plan by Kawasaki Motor Corp., U.S.A.. (West, Linsey) |
| NOTICE OF DOCKET MODIFICATION TO Houston Bragg re #6 Answer to Complaint, #7 Answer to Amended Complaint; Error: attachments were insufficiently described as "Exhibit A," "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) |
| Filing 7 ANSWER to Amended Complaint by Kawasaki Motor Corp., U.S.A. (Attachments: #1 Exhibit A - Pre-Service Correspondence)(Bragg, Houston) Modified to further describe on 11/29/2023 (KJA). |
| Filing 6 ANSWER to Complaint with Jury Demand by Kawasaki Motor Corp., U.S.A. (Attachments: #1 Exhibit A - A Pre-Service Correspondence)(Bragg, Houston) Modified to further describe on 11/29/2023 (KJA). |
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Filing 5
ORDER FOR MEETING AND REPORT: (1) Within 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates. (2) Within 14 days of the meeting, the parties shall file a joint status report containing: see items a-e. Consent form attached. (3) If the parties propose a deadline for dispositive motions to be filed that is more than one (1) year from the date the joint status report required by paragraph (2) is filed, they SHALL specifically describe the basis for the length of their proposed schedule with sufficient detail for the Court to assess that schedule and its progression, including in particular the discovery and dispositive motions deadlines. If such basis and detail is not provided, the Court will shorten the timeline provided by the parties. Signed by Magistrate Judge Hanly A. Ingram on 11/22/2023. (Attachments: #1 Consent to Magistrate Judge Form)(JMB)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 Claria Horn Boom. (APR)cc: COR
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| Conflict Check run. (APR) |
| Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Kawasaki Motor Corp., U.S.A. identifying Corporate Parent Kawasaki Motors, Ltd., Corporate Parent Kawasaki Heavy Industries, Ltd. for Kawasaki Motor Corp., U.S.A. (APR) |
| Filing 1 NOTICE OF REMOVAL from Knox County Circuit Court, case number 21-CI-00039 ( Filing fee $402; receipt number AKYEDC-5702604), filed by Kawasaki Motor Corp., U.S.A. (Attachments: #1 Exhibit A - Pre-Service Correspondence, #2 Exhibit B - Civil Court Pleadings, #3 Exhibit C - State Court Docket, #4 Civil Cover Sheet)(APR) |
| AMENDED COMPLAINT against Kawasaki Motor Corp., U.S.A., filed by M.L.D., Stacie Kara-Lynn Blankenship, B.S.D. Filed in State Court Record - See #1 . (APR) |
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