McCown v. Hyundai Motor America et al
Plaintiff: Danny McCown, Jr.
Defendant: John Doe(s), Tim Short Chrysler, Dodge, Jeep, Ram, Fiat of Pikeville doing business as Tim Short Pikeville, LLC and Hyundai Motor America
Case Number: 7:2020cv00152
Filed: December 2, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Edward B Atkins
Referring Judge: Robert E Wier
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2021 ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #6 MOTION to Remand to State Court by Danny McCown, Jr (RCB)
January 14, 2021 Filing 12 REPLY Memorandum in Support of #11 MOTION to Remand DEFENDANT'S RESPONSE TO MOTION TO REMAND filed by Danny McCown, Jr. (Hammond, Glenn) (Additional attachment(s) added on 1/15/2021: #1 Exhibit 1 - Tim Short Hyundai Organization Search) (RCB). Modified text & added exhibit per QC on 1/15/2021 (RCB).
January 8, 2021 Filing 11 RESPONSE in Opposition re #6 MOTION to Remand to State Court by Danny McCown, Jr filed by Tim Short Chrysler, Dodge, Jeep, Ram, Fiat of Pikeville. (Attachments: #1 Exhibit 1 - Requests for Admission, #2 Exhibit 2 - email correspondence)(Jackson, Nolan)
January 8, 2021 Opinion or Order Filing 10 ORDER: re #6 MOTION to Remand to State Court. Any reply to #8 shall be filed no later than FRIDAY, JANUARY 15, 2021. Signed by Magistrate Judge Edward B. Atkins on 1/8/2021. (RCB)cc: COR
January 8, 2021 Filing 9 JOINT STATUS REPORT of the Parties by Hyundai Motor America. (Schaefer, David)
January 8, 2021 ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #9 Joint Status Report (RCB)
January 7, 2021 Filing 8 RESPONSE in Opposition re #6 MOTION to Remand to State Court by Danny McCown, Jr filed by Hyundai Motor America. (Attachments: #1 Exhibit 1- 7-23-20 Preservation Letter, #2 Exhibit 2- 10-29-20 email, #3 Proposed Order to Response in Opposition to Plaintiff's Motion)(Schaefer, David)
December 28, 2020 Opinion or Order Filing 7 ORDER: Any response to R. #6 shall be filed no later than FRIDAY,JANUARY 8, 2021. Signed by Magistrate Judge Edward B. Atkins on 12/28/2020.(MJY)cc: COR
December 28, 2020 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT and NOTICE OF DOCKET MODIFICATION and NOTICE OF DEFICIENCY TO Glenn Martin Hammond re #6 MOTION to Remand to State Court by Danny McCown, Jr.; Error #1: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel as to error #1. Error #2: Exhibits were filed together with the motion instead of as separate attachments. Entry by attorney; Clerk added the exhibits as separate attachments. In the future, file each exhibit separately from one another and separate from the main document. No further action required by counsel as to error #2. Error #3: attorney failed to submit the correct [proposed order] as an electronic attachment to the motion. 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 proposed order, and create a link to the related docket entry as to error #3. cc: COR (RCB)
December 23, 2020 Filing 6 MOTION to Remand to State Court by Danny McCown, Jr (Attachments: #1 INCORRECT Proposed Order for Motion to Withdraw & Amend Admissions)(Hammond, Glenn) Modified text on 12/28/2020 (RCB). (Additional attachment(s) added on 12/28/2020: #2 Memorandum in Support, #3 Exhibit A - Affidavit Lori Kelly) (RCB).
December 4, 2020 Opinion or Order Filing 5 ORDER FOR MEETING AND REPORT: 1) By December 28 2020, parties meet to consider topics Rule 26(f)(2) mandates. 2) Within 14 days, parties file joint status report containing: (see items a d). Signed by Magistrate Judge Edward B. Atkins on 12/4/2020. (TDA) cc: COR
December 2, 2020 Opinion or Order 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. (RCB)cc: COR
December 2, 2020 Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Hyundai Motor America (RCB)
December 2, 2020 Filing 1 NOTICE OF REMOVAL from Floyd Circuit Court, case number 20-CI-412, filed by Hyundai Motor America. (Filing fee $402; receipt number 0643-4841181) (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - 11/11/20 Email, #3 Civil Cover Sheet)(RCB)
December 2, 2020 ANSWER to Complaint by Hyundai Motor America. (NOTE: State Court pleading, see DE #1 for pdf document.) (RCB)
December 2, 2020 Conflict Check run. (RCB)
December 2, 2020 ANSWER to Complaint by Tim Short Chrysler, Dodge, Jeep, Ram, Fiat of Pikeville. (NOTE: State Court pleading, see DE #1 for pdf document.) (RCB)

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Plaintiff: Danny McCown, Jr.
Represented By: Glenn Martin Hammond
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Defendant: John Doe(s)
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Defendant: Tim Short Chrysler, Dodge, Jeep, Ram, Fiat of Pikeville doing business as Tim Short Pikeville, LLC
Represented By: Nolan Miller Jackson
Represented By: Wade H. Jefferson, IV
Represented By: Susan J. Pope
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Defendant: Hyundai Motor America
Represented By: David T. Schaefer
Represented By: Christopher Lyle Jackson
Represented By: Anne K. Guillory
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