Pike County Fiscal Court et al v. RCC Big Shoal, LLC et al
| Pikeville-Pike County Industrial Development & Economic Authority and Pike County Fiscal Court |
| RCC Big Shoal, LLC, William B. Johnson and David L. Farmer |
| 7:2020cv00075 |
| June 8, 2020 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Robert E Wier |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.
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Set/Reset Deadlines: Status Report due by 9/7/2020. Per Order De #15 . (MJY)
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Filing 15
SCHEDULING ORDER: 1. Parties shall exchange Rule 26(a)(1) disclosures by September 1, 2020. 2. Parties shall file any motion to join parties or amend pleadings by December 1, 2020. 3. No later than February 1, 2021, counsel for the parties shall complete all fact discovery. 4. Per FRCP 26(a)(2) NLT than April 1, 2021 Plafs shall disclose the identity of expert witnesses who may be used at trial. The same is required by dfts no later than June 1, 2021. 5. No later than July 1, 2021, counsel for the parties shall complete all expert discovery. 6. Parties shall have to and including August 1, 2021, to file all dispositive motions, motions in limine, and/or Daubert (with response and reply time as per Local Rule 7.1(c)). 7. The parties are directed to file a joint status report the first Monday of each month. The status reports shall summarize the activities in the case for the preceding thirty (30) days. 8. Parties are directed to comply with the stated protocol in the Standing Case Management and Referral Order #3 . 9. This action is assigned for a telephonic mid-discovery teleconference on December 15, 2020, at 11:30 a.m. shall be ON THE RECORD, in PIKEVILLE. Counsel shall access the conference by calling AT&T Teleconferencing at 1-877-336-1839; entering the access code 4162817 (followed by #); and when requested, entering the security code 0057 (followed by #). 10. Requests to modify any dates or deadlines established by this order shall be submitted upon motion filed prior to expiration of the deadline & showing of good cause beyond control of counsel. Signed by Magistrate Judge Edward B. Atkins on 8/6/20.(MJY)cc: COR
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***FILE SUBMITTED TO CHAMBERS of Robert Wier for review: #14 Report of Rule 26(f) Planning Meeting (MJY)
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Filing 14
REPORT of Rule 26(f) Planning Meeting. (Keene, Kevin)
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Filing 13
RESPONSE to Motion re #5 MOTION to Dismiss by RCC Big Shoal, LLC filed by Pike County Fiscal Court, Pikeville-Pike County Industrial Development & Economic Authority. (Keene, Kevin)
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Filing 12
ORDER 1. Court DENIES DE #7 and retains case federally as a proper exercise of diversity jurisdiction under circumstances; 2. Plas SHALL respond to DE #5 within 7 days of this Order; and 3. Court, per DE #3 , presumes parties intend to proceed with discovery. Accordingly, pursuant to FRCP 16 and 26: a. Within 21 days, parties shall meet to consider topics Rule 26(f)(2) mandates. b. Within 14 days of meeting, parties shall file a joint status report containing: see itmes i - iv. Signed by Judge Robert E. Wier on 7/15/2020. (TDA) cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #7 MOTION to Remand and MOTION for Costs by Pike County Fiscal Court, Pikeville-Pike County Industrial Development & Economic Authority. (TDA)
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Filing 11
SUPPLEMENTAL RESPONSE in Support re #7 MOTION to Remand by Pike County Fiscal Court, Pikeville-Pike County Industrial Development & Economic Authority MOTION for Costs filed by RCC Big Shoal, LLC., David L. Farmer, William B. Johnson. (Attachments: #1 Affidavit Exhibit 1 W Johnson Aff, #2 Affidavit Exhibit 2 D Farmer Aff)(Webster, Lawrence) Modified text on 7/7/2020 (TDA). Modified text & filers on 7/15/2020 (TDA).
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Filing 10
ORDER re #7 : Dfts Johnson and Farmer, w/in 4 days, clarify citizenship(s) of all case Defendants, submitting any relevant proof and addressing all implicated topics. This may include, as apt, a 1653 amendment effort or a supplement to DE #9 . Pla may reply to DE #9 w/in 3 days of defense's filing. The matter will then stand submitted. Signed by Judge Robert E. Wier on 7/1/2020. (TDA) cc: COR
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Filing 9
RESPONSE to Motion re #7 MOTION to Remand by Pike County Fiscal Court, Pikeville-Pike County Industrial Development & Economic Authority filed by RCC Big Shoal, LLC. (Attachments: #1 Proposed Order)(Webster, Lawrence)
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Filing 8
NOTICE OF FILING by Pike County Fiscal Court, Pikeville-Pike County Industrial Development & Economic Authority re #7 MOTION to Remand by Pike County Fiscal Court, Pikeville-Pike County Industrial Development & Economic Authority (Attachments: #1 Exhibit corrected Purchase Agreement)(Jones, Ray)
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NOTICE OF DEFICIENCY TO RAY JONES re #7 MOTION to Remand: Error #1: Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel. Error #2: Pages 2-9 & 11-14 of Exhibit A are missing; Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the correct exhibit, and create a link to the related docket entry. cc: COR (TDA)
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Filing 7
MOTION to Remand and MOTION for Costs by Pike County Fiscal Court, Pikeville-Pike County Industrial Development & Economic Authority (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit A, Note Purchase Agreement, #3 Exhibit Exhibit B, Complaint, #4 Exhibit Exhibit C, Opinion, Order, Judgement, #5 Exhibit Exhibit D, Order, mtn to compel, #6 Proposed Order Proposed Order, Mtn to Remand)(Jones, Ray) (Additional attachment(s) added on 6/24/2020: #7 CORRECT Exhibit A) (TDA). Added MOTION for Costs on 6/30/2020 (TDA).
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NOTICE OF FEE REFUND APPROVED re #6 MOTION for Refund of Fees Paid Electronically; the fee transaction involving Receipt No. 0643-4689759 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $ 400.00 was successfully completed on Jun 17, 2020 at 01:14:27 PM. cc: COR (TDA)
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Filing 6
REQUEST FOR FEE REFUND TO CREDIT CARD by RCC Big Shoal, LLC. (Attachments: #1 Proposed Order)(Webster, Lawrence) Modified event & text on 6/15/2020 (TDA).
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Filing 5
MOTION to Dismiss by RCC Big Shoal, LLC (Attachments: #1 Proposed Order order dismissing)(Webster, Lawrence)
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Filing 4
MEMORANDUM IN SUPPORT re #5 MOTION to Dismiss by RCC Big Shoal, LLC. (Webster, Lawrence) Modified text & link on 6/15/2020 (TDA).
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Filing 3
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. (MJY)cc: COR
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Filing 1
NOTICE OF REMOVAL from Pike Circuit Court, case number 19-CI-190. ( Filing fee $400; receipt number 0643-4689826), filed by William B. Johnson, David L. Farmer. (Attachments: #1 State Court Complaint, #2 State Court Opinion, Order & Judgment dated 1-30-2020, #3 State Court Motion, Order & First Amended Complaint)(MJY)
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Conflict Check run. (MJY)
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AMENDED COMPLAINT against David L. Farmer, William B. Johnson, RCC Big Shoal, LLC, filed by Pikeville-Pike County Industrial Development & Economic Authority, Pike County Fiscal Court. NOTE: See DE #1 Exhibit C for pdf image. (MJY)
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