May et al v. Caterpillar, Inc.
| Tanya May and Jonathan May |
| Caterpillar, Inc. |
| 7:2009cv00123 |
| October 9, 2009 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| Pike |
| Amul R Thapar |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 12, 2010. A more recent docket listing may be available from PACER.
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Filing 26
ORDER: pursuant to agreement #24 action is discontinued with prejudice but without costs provided that if settlement is not consummated w/in 30 days of this order any party may apply by motion for restoration of action to calendar of undersigned in which event action will be restored. This matter is STRICKEN from court's active docket, all pending motions are DENIED AS MOOT & all scheduled hearings are CANCELLED. Signed by Judge Amul R. Thapar on 5/12/2010. (RKT) cc: COR
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| Filing 25 Proposed Agreed Order/Stipulation of Dismissal by Caterpillar, Inc., Jonathan May, Tanya May(as Administrator of the), Tanya May, Tanya May(in her capacity as Guardian of). (Murphy, Kevin) |
| Filing 24 NOTICE of Settlement by Caterpillar, Inc. (Murphy, Kevin) |
| ***FILE SUBMITTED TO CHAMBERS of Amul R. Thapar for review: #24 Notice of Settlement & #25 Proposed Agreed Order. (RKT) |
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Filing 23
ORDER: granting #22 Motion of Deirdre C. McGlinchy to Appear Pro Hac Vice. Her appearance shall be effective as of the date of this order. Signed by Judge Amul R. Thapar on 2/24/2010. (RKT) cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to Deirdre C. McGlinchy
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| BAR STATUS Check completed as to Deirdre C. McGlinchey re #22 MOTION for Deirdre C. McGlinchy to Appear Pro Hac Vice by Caterpillar, Inc. ( Filing fee $65; receipt number 1692628). (RKT) |
| Filing 22 MOTION for Deirdre C. McGlinchy to Appear Pro Hac Vice by Caterpillar, Inc. ( Filing fee $65; receipt number 1692628) (Attachments: #1 Affidavit of Deirdre McGlinchy)(Miller, Byron) |
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Filing 21
AGREED PROTECTIVE ORDER: Parties comply with items 1-11. Signed by Judge Amul R. Thapar on 2/12/2010.(MJY)cc: COR
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| Filing 20 Proposed Agreed Order/Stipulation for Protective Order by Caterpillar, Inc.. (Attachments: #1 Exhibit)(Miller, Byron) |
| Filing 19 NOTICE by Jonathan May, Tanya May(as Administrator of the), Tanya May(in her capacity as Guardian of), Tanya May of Service of Discovery on the Issue of Statute of Limitations (Johnson, Gary) |
| Filing 18 AMENDED COMPLAINT against all plaintiffs, filed by Jonathan May, Tanya May(as Administrator of the), Tanya May(in her capacity as Guardian of), Tanya May. (Attachments: #1 Exhibit Appointment of Administrator, #2 Exhibit Appointment of Guardian, #3 Exhibit OMSL Report, #4 Exhibit MSHA Report, #5 Exhibit Caterpillar Safety Report)(Johnson, Gary) |
| Filing 17 NOTICE OF MANDATORY ECF DIRECTED TO BRIAN S. BROWNFIELD, NON-R3GISTERED re #16 Order on Motion to Appear Pro Hac Vice had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR, Brian S. Brownfield via us mail (MJY) |
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Filing 16
ORDER: Motion for attorney Colvin Norwood to Appear Pro Hac Vice #15 is GRANTED. Signed by Judge Amul R. Thapar on 12/17/09. (MJY)cc: COR
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| BAR STATUS Check completed as to Colvin G. Norwood, Jr. re #15 MOTION for Colvin Norwood to Appear Pro Hac Vice by Caterpillar, Inc. ( Filing fee $65; receipt number 1642907). (RKT) |
| ***MOTION SUBMITTED TO CHAMBERS of Amul R. Thapar for review: re #15 MOTION for Colvin Norwood to Appear Pro Hac Vice by Caterpillar, Inc. ( Filing fee $65; receipt number 1642907) (RKT) |
| Attorney Update. Attorney Colvin G. Norwood, Jr for Caterpillar, Inc. added per DE #15 . (RKT) |
| Filing 15 MOTION for Colvin Norwood to Appear Pro Hac Vice by Caterpillar, Inc. ( Filing fee $65; receipt number 1642907) (Attachments: #1 Exhibit A - Affidavit of Colin Norwood, #2 Proposed Order)(Murphy, Kevin) |
| Filing 14 NOTICE OF MANDATORY ECF DIRECTED TO Brian S. Brownfield, non-registered attorney re #13 Minutes for Telephone Conference, had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (MCB) Modified text on 12/9/2009 (MCB). Copy mailed to Brian S. Brownfield via first class mail w/CM-ECF Registration |
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Filing 13
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE: held on 12/9/09, It is ORDERED as follows: (1) For reasons stated on the record, the dft's mtn to dismiss R. #6 is DENIED WITHOUT PREJUDICE; (2) Plas' Mtn to amend the complaint R #11 is GRANTED. The Plas SHALL FILE their amended complaint no later 1/8/2010. (3) the parties are given to 4/9/2010 to conduct limited discovery on statute of limitations issue; (4) the dft SHALL FILE an answer to amended complaint or an appropriate dispostive mtn no later 5/10/2010. (Court Reporter BARBARA MCDERMOTT.) Signed by Judge Amul R. Thapar. (MCB)cc: COR
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Filing 12
ORDER: 1) a Telephone Conference among counsel & undersigned is scheduled for 12/9/2009 at 2:30 PM; 2) undersigned's chambers shall initiate call & lead counsel for each party shall be prepared to discuss pending motions; 3) a court reporter is needed to transcribe the proceedings & shall be provided by the Court. Signed by Judge Amul R. Thapar on 12/4/2009.(RKT)cc: COR
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| Filing 11 MOTION to Amend/Correct by Jonathan May, Tanya May(as Administrator of the), Tanya May(in her capacity as Guardian of), Tanya May to Amend Complaint (Attachments: #1 Memorandum in Support of Motion to Amend Complaint, #2 Proposed Order)(Johnson, Gary) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Amul R. Thapar for review: re #6 MOTION to Dismiss by Caterpillar, Inc. (MCB) |
| Filing 10 REPLY BRIEF to #6 , #7 filed by Caterpillar, Inc.. (Murphy, Kevin) |
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Filing 9
ORDER: Court will treat proposed agreed order #8 as a joint motion. Court grants motion & orders dft to file its reply on or before 11/30/2009. The court will not grant any other agreed orders that are not filed with an accompanying motion that explains the basis for seeking a continuance. Moreover as a general matter, continuances are not favored. Signed by Judge Amul R. Thapar on 11/16/2009.(RKT)cc: COR
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| Filing 8 Proposed Agreed Order/Stipulation by Caterpillar, Inc.. (Murphy, Kevin) |
| Filing 7 RESPONSE in Opposition re #6 MOTION to Dismiss by Caterpillar, Inc. filed by Jonathan May, Tanya May(as Administrator of the), Tanya May(in her capacity as Guardian of), Tanya May. (Attachments: #1 Exhibit OMSL Report, #2 Exhibit MSHA Report, #3 Exhibit Caterpillar Safety Notice, #4 Affidavit of Tanya May, #5 Exhibit Martin v. Ohio County Hospital Corporation, #6 Proposed Order)(Johnson, Gary) |
| Filing 6 MOTION to Dismiss by Caterpillar, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit Complaint, #3 Proposed Order)(Miller, Byron) |
| Filing 5 NOTICE TO ATTORNEY Brian S. Brownfield by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application, via U.S. Mail. (Attachments: #1 Attorney Information Form)(TDA) |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Caterpillar, Inc.. (Miller, Byron) |
| Filing 3 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, HON. BYRON N. MILLER. #1 Notice of Removal, has been filed by Caterpillar, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within ten (10) days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TDA) |
| Filing 2 NOTICE AND CERTIFICATE OF REMOVAL, by Caterpillar, Inc. (TDA) |
| Filing 1 NOTICE OF REMOVAL from Pike Circuit Court, case number 09-CI-01233. (Filing fee $350; receipt number 1596447), filed by Caterpillar, Inc. (Attachments: #1 Civil Cover Sheet, #2 State Court Record Complaint, #3 State Court Record Notice of Filing Removal, #4 Memorandum in Support of Removal, #5 Case Assignment)(TDA) |
| Conflict Check run. (TDA) |
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