Wright v. State Farm Mutual Automobile Insurance Co.
| Kimberley Wright |
| State Farm Mutual Automobile Insurance Co. |
| 6:2024cv00016 |
| February 8, 2024 |
| US 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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Filing 9
SCHEDULING ORDER: 1. The parties shall exchange initial Rule 26(a)(1) disclosures by March 29, 2024. The parties shall exchange supplemental information as required by Rule 26(e) by August 30, 2024. These disclosures need not be filed in the Court record.2. Plaintiffs shall have until July 31, 2024 to amend their pleadings and add parties. Defendant shall have until August 30, 2024 to do same.3. All discovery, both fact and expert, shall be completed on or before February 28, 2025. These deadlines mean, as relevant, service of written discovery calculated to secure a response by and compliant with the deadline. 1. The parties shall exchange initial Rule 26(a)(1) disclosures by March 29, 2024. The parties shall exchange supplemental information as required by Rule 26(e) by August 30, 2024. These disclosures need not be filed in the Court record.2. Plaintiffs shall have until July 31, 2024 to amend their pleadings and add parties. Defendant shall have until August 30, 2024 to do same.3. All discovery, both fact and expert, shall be completed on or before February 28, 2025. These deadlines mean, as relevant, service of written discovery calculated to secure a response by and compliant with the deadline. These disclosures need not be filed in the Court record. Defendants shall do same by January 31, 2025. 5. No later than March 31, 2025, counsel for the parties shall file all dispositive motions. Response and reply time shall be governed by local rule. 6. TELEPHONE CONFERENCE set for 8/30/2024 at 11:00 AM in LONDON before Magistrate Judge Hanly A. Ingram. The call will be off the record and for counsel only. The call will be held over Microsoft Teams and the phone number and conference ID will be provided closer to the date of the meeting.7. In accordance with District Judge Wier's referral order (D.E. 4), 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 is thus 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 3/1/2024.(MM)cc: COR, LON D
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Filing 8
AGREED ORDER TO BIFURCATE: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Plaintiffs 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 Underinsured Motorist Coverage (UIM) 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 3/1/2024. (MM)cc: COR
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| Filing 7 Proposed Agreed Order TO BIFURCATE by State Farm Mutual Automobile Insurance Co.. (Banks, Darrin) |
| Filing 6 JOINT REPORT of Rule 26(f) Planning Meeting. (Banks, Darrin) |
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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 a. - e. (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. Signed by Magistrate Judge Hanly A. Ingram on 2/8/2024. (Attachments: #1 MJ Consent)(MM)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 2 FRCP 7.1 DISCLOSURE STATEMENT by State Farm Mutual Automobile Insurance Co.. (Attachments: #1 Rule 7.1(a)(2) Disclosures)(JCP) |
| Filing 1 NOTICE OF REMOVAL from Bell Circuit Court, case number 24-CI-00002. ( Filing fee $405; receipt number AKYEDC-5764748), filed by State Farm Mutual Automobile Insurance Co.. (Attachments: #1 Exhibit A. State Court File, #2 Exhibit B. State Court Complaint, #3 Exhibit C. Demand Letter from Counsel for Kimberley Wright, #4 Civil Cover Sheet)(JCP) |
| ANSWER to Complaint with Jury Demand- Filed in State Court Record, See DE #1 . by State Farm Mutual Automobile Insurance Co..(JCP) |
| Conflict Check run. (JCP) |
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| Plaintiff: Kimberley Wright | |
| Represented By: | Blake Shoffner Bowling |
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| Defendant: State Farm Mutual Automobile Insurance Co. | |
| Represented By: | Darrin Winn Banks |
| Represented By: | Laura Fayth Disney |
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