G4S Secure Solutions (USA) Inc. v. Booth et al
| G4S Secure Solutions (USA) Inc. |
| Wright Management Company, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, James Booth and Ted McGinnis |
| 7:2021cv00048 |
| June 9, 2021 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Robert E Wier |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.
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| Filing 33 RESPONSE to Motion re #25 MOTION to Dismiss Amended Complaint for failure to state a claim by Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Wright Management Company, LLC , #27 MOTION to Dismiss Amended Complaint for failure to state a claim by James Booth, Ted McGinnis filed by G4S Secure Solutions (USA) Inc.. (Attachments: #1 Exhibit 1 - Dickinson Complaint, #2 Exhibit 2 - Pike County Complaint, #3 Appendix A - Opinions)(Johannsen, August) |
Filing 32
ORDER: IT IS ORDERED that #26 and #28 are GRANTED only to extent discovery is stayed. Individual Dfts' and Corporate Dfts' respective motions to dismiss Plf's Amended Complaint #27 ; #25 shall remain docketed for Court's further consideration of arguments presented. Signed by Magistrate Judge Edward B. Atkins on 8/2/2021. (RCB)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #26 MOTION to Stay Discovery by Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Wright Management Company, LLC; and #28 MOTION to Stay by James Booth, Ted McGinnis. (TDA) |
| Filing 31 RESPONSE in Support re #26 MOTION to Stay Discovery by Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Wright Management Company, LLC , #28 MOTION to Stay by James Booth, Ted McGinnis filed by G4S Secure Solutions (USA) Inc.. (Johannsen, August) |
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Filing 30
ORDER: any response to (R. #26 ; #28 ) shall be filed no later than August 2, 2021. Signed by Magistrate Judge Edward B. Atkins on 7/28/2021. (TDA) cc: COR
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Filing 29
ORDER: Court DENIES Dfts' Motions to Dismiss (DE #8 & #18 ) (superseded) original Complaint as MOOT. Court will address the DE #25 & #27 motions in due course and will consider content of prior motions, as applicable, in resolving those yet pending. Signed by Judge Robert E. Wier on 7/26/2021. (RCB)cc: COR
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| Filing 28 MOTION to Stay by James Booth, Ted McGinnis Motions referred to Edward B. Atkins. (Attachments: #1 Attachment Memorandum of Law, #2 Proposed Order)(Thacker, Heather) |
| Filing 27 MOTION to Dismiss Amended Complaint for failure to state a claim by James Booth, Ted McGinnis (Attachments: #1 Attachment Memorandum of Law, #2 Proposed Order)(Thacker, Heather) Modified text on 7/23/2021 (RCB). |
| Filing 26 MOTION to Stay Discovery by Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Wright Management Company, LLC Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Webster, Mickey) Modified text on 7/23/2021 (RCB). |
| Filing 25 MOTION to Dismiss Amended Complaint for failure to state a claim by Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Wright Management Company, LLC (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Webster, Mickey) Modified text on 7/23/2021 (RCB). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #28 MOTION to Stay by James Booth, Ted McGinnis (RCB) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #26 MOTION to Stay Discovery by Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Wright Management Company, LLC (RCB) |
| Filing 24 RESPONSE to Motion re #18 MOTION to Dismiss for failure to state a claim by James Booth, Ted McGinnis , #8 MOTION to Dismiss for failure to state a claim by Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Wright Management Company, LLC filed by G4S Secure Solutions (USA) Inc.. (Johannsen, August) |
| Filing 23 AMENDED COMPLAINT against All Defendants, filed by G4S Secure Solutions (USA) Inc.. (Attachments: #1 Exhibit 1 - Argus Default Judgment, #2 Exhibit 2 - Czar Agreed Judgment, #3 Exhibit 3 - Southeastern Agreed Judgment)(Johannsen, August) |
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Filing 22
ORDER: Dfts move to stay discovery, the scheduling conference, and initial disclosures while their motion to dismiss remains pending. IT IS ORDERED that #19 is GRANTED to extent discovery is stayed. The Individual Dfts motion to dismiss (R. #18 ) shall remain docketed for Court's consideration of arguments presented. Signed by Magistrate Judge Edward B. Atkins on 7/9/2021. (TDA)cc: COR
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| Filing 21 RESPONSE in Support re #19 MOTION to Stay by James Booth, Ted McGinnis filed by G4S Secure Solutions (USA) Inc.. (Johannsen, August) |
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Filing 20
ORDER re #19 : any response solely on the issue of staying discovery on claims against Individual Defendants be filed nlt Thursday, July 15, 2021. Signed by Magistrate Judge Edward B. Atkins on 7/8/2021. (TDA) cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #19 MOTION to Stay Discovery by James Booth, Ted McGinnis. (TDA) |
| Attorney Update. Attorney Heather Michelle Thacker added for James Booth and Ted McGinnis, per DE #18 & 19. (TDA) |
| Filing 19 MOTION to Stay by James Booth, Ted McGinnis Motions referred to Edward B. Atkins. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Gartland, Michael) |
| Filing 18 MOTION to Dismiss for failure to state a claim by James Booth, Ted McGinnis (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Gartland, Michael) |
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Filing 17
ORDER: Dfts move to stay discovery (R. #14 ). Pla filed response indicating no objection (R. #16 ). IT IS ORDERED that (R. #14 ) is GRANTED only to extent that discovery is stayed. Dfts motion to dismiss (R. #8 ) shall remain docketed for Court's further consideration of arguments presented. Signed by Magistrate Judge Edward B. Atkins on 7/6/2021. (TDA) cc: COR
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| Filing 16 RESPONSE in Support re #14 MOTION to Stay re #4 REW Standing Case Management and Referral Order,,,, by Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Wright Management Company, LLC filed by G4S Secure Solutions (USA) Inc.. (Johannsen, August) |
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Filing 15
ORDER: any response to (R. #14 ) be filed nlt Friday, July 9, 2021. Signed by Magistrate Judge Edward B. Atkins on 7/2/2021. (TDA) cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #14 MOTION to Stay re #4 REW Standing Case Management and Referral Order, by Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Wright Management Company, LLC. (TDA) |
| Filing 14 MOTION to Stay re #4 REW Standing Case Management and Referral Order,,,, by Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Wright Management Company, LLC Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Webster, Mickey) |
| Filing 13 FRCP 7.1 DISCLOSURE STATEMENT by Wright Management Company, LLC. (Webster, Mickey) |
| Filing 12 FRCP 7.1 DISCLOSURE STATEMENT by Eagle Holding Company, Inc.. (Webster, Mickey) |
| Filing 11 FRCP 7.1 DISCLOSURE STATEMENT by Eagle Coal Company, LLC. (Webster, Mickey) |
| Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by Beech Fork Holding Company, Inc.. (Webster, Mickey) |
| Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by Beech Fork Processing, LLC. (Webster, Mickey) |
| Filing 8 MOTION to Dismiss for failure to state a claim by Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Wright Management Company, LLC (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Webster, Mickey) |
| Filing 7 CERTIFICATE OF SERVICE by G4S Secure Solutions (USA) Inc. re #3 Summons Issued, (Attachments: #1 Exhibit 1 - Eagle Holding Co.green card, #2 Exhibit 2 - Wright Management Co green card, #3 Exhibit 3 - Beech Fork Holding green card)(Johannsen, August) |
| Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by G4S Secure Solutions (USA) Inc. identifying Corporate Parent G4S Holding One, Inc., Corporate Parent G4S USA Holdings Limited, Corporate Parent G4S Corporate Services Limited, Corporate Parent G4S plc, Corporate Parent Allied Universal Topco LLC for G4S Secure Solutions (USA) Inc... (Johannsen, August) |
| Filing 5 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, August T. Johannsen. #1 Complaint, has been filed by G4S Secure Solutions (USA) Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (RCB) |
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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. (RCB)cc: COR
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| Conflict Check run. (RCB) |
| Filing 3 Summons Issued as to Beech Fork Holding Company, Inc., Beech Fork Processing, LLC, James Booth, Eagle Coal Company, LLC, Eagle Holding Company, Inc., Ted McGinnis, Wright Management Company, LLC; Summons issued and returned to counsel electronically. (RCB) |
| Filing 1 COMPLAINT filed by G4S Secure Solutions (USA) Inc. (Filing fee $402; receipt number 0643-4991016) (Attachments: #1 Exhibit 1 - Argus Default Judgment, #2 Exhibit 2 - Czar Agreed Judgment, #3 Exhibit 3 - Southeastern Agreed Judgment, #4 Civil Cover Sheet, #5 Proposed Summons)(RCB) |
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