Carnes et al v. Hall et al
| Brittany Carnes, Keshia Brown, Valerie Hall and Ashley Conn |
| Pike County Fiscal Court doing business as Pike County Detention Center |
| Jordan Hall |
| KellWell Food Management, Inc. |
| Brian Morris |
| 7:2022cv00031 |
| April 26, 2022 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Candace J Smith |
| Robert E Wier |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on June 24, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 STATUS REPORT of all Plaintiffs by Keshia Brown, Brittany Carnes, Ashley Conn. (Attachments: #1 Exhibit 1- Ltr to PCSO enclosing Payment for Service of Summons, #2 Exhibit 2- Ltr to Owens Confirming Acceptance of Service Agreement, #3 Exhibit 3- Certified Mail Receipt singed by Owens, #4 Exhibit 4- Ltr to Diddle with Proof of Service)(Schaeffer, Brittney) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #16 MOTION to Dismiss by Brian Morris, Pike County Fiscal Court. (TDA) |
| Filing 26 REPLY to Response to Motion re #16 MOTION to Dismiss by Brian Morris, Pike County Fiscal Court filed by Brian Morris, Pike County Fiscal Court. (Attachments: #1 Exhibit Grievance Policy and Procedure, #2 Exhibit V Hall Grievance)(Shaw, Jonathan) |
| Filing 25 NOTICE by Brian Morris, Pike County Fiscal Court of Service of interrogatories and request for production of documents to plaintiffs (Shaw, Jonathan) |
Filing 24
SCHEDULING ORDER: Court ADOPTS following schedule: 1. Plfs shall promptly, and NLT Friday, June 24, 2022, file a status report indicating progress made toward effecting service upon Dft, Jordan Hall. 2. parties exchange Rule 26(a)(1) disclosures by July 18, 2022. Supp. within 30 days. 3. parties file any motion to join parties or amend pleadings by January 16, 2023. 4. telephonic mid-discovery conference on Monday, December 19, 2022, at 1:30 p.m., and ON THE RECORD, from LEXINGTON. Counsel access conference by calling AT&T Teleconferencing. 5. NLT April 14, 2023, parties complete all pretrial fact discovery. All expert discovery NLT May 30, 2023. 6. A status report is due NLT May 30, 2023 (close of discovery). 7. Per Fed. R. Civ. P. 26(a)(2), NLT February 16, 2023, plf shall disclose identity of expert witnesses, by dft NLT March 17, 2023. 8. parties have to May 30, 2023 to file all dispositive and Daubert motions. courtesy copy of briefs and memo in support of motions must be provided to Judge Weir's Chambers within 48 hours of electronic filing. 9. Requests to modify any dates or deadlines shall be submitted upon motion filed prior to expiration of deadline, and showing of good cause. Signed by Magistrate Judge Edward B. Atkins on 6/16/2022.(RCB)cc: COR, LexCD
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| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #23 Report of Rule 26(f) Planning Meeting (RCB) |
| Filing 23 JOINT REPORT of Rule 26(f) Planning Meeting. (Shaw, Jonathan) |
| Filing 22 NOTICE OF APPEARANCE by KellWell Food Management, Inc.. (Jones, Donald) |
| Filing 21 NOTICE OF APPEARANCE by KellWell Food Management, Inc.. (Jones, Donald) |
| Filing 20 MOTION to Strike #17 Answer to Complaint, #16 MOTION to Dismiss by Brian Morris, Pike County Fiscal Court by Keshia Brown, Brittany Carnes, Ashley Conn and Valerie Hall Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order Proposed Order- Plaintiffs' Motion to Strike)(Schaeffer, Brittney) |
| Filing 19 RESPONSE to Motion #16 MOTION to Dismiss filed by Keshia Brown, Brittany Carnes, Ashley Conn. (Attachments: #1 Exhibit Exhibit 1- KY DOC Policy and Procedure 14.7)(Schaeffer, Brittney) Modified text & created link on 6/8/2022 (TDA). |
| Filing 18 FRCP 7.1 DISCLOSURE STATEMENT by KellWell Food Management, Inc.. (Lennon, Nathan) |
| Filing 17 AMENDED ANSWER to Complaint with Jury Demand by Brian Morris, Brian Morris.(Worley, Langdon) |
| Filing 16 MOTION to Dismiss by Brian Morris, Pike County Fiscal Court (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Shaw, Jonathan) |
| Attorney Update. Attorneys Lyndol Scott Miller & Derrick T. Wright added for Brian Morris, individually & officially, per DE #23. (TDA) |
| Filing 15 ANSWER to Complaint with Jury Demand by Brian Morris, Brian Morris.(Worley, Langdon) |
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Filing 14
ORDER: Kellwell filed its Answer in response to Plas Complaint. (R. #11 ). Accordingly, IT IS ORDERED that Kellwell's motion (R. #10 ) is DENIED AS MOOT. Signed by Magistrate Judge Edward B. Atkins on 5/23/2022. (TDA) cc: COR
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Filing 13
ORDER: 1) w/in 21 days, parties meet to consider topics Rule 26(f)(2) mandates. 2) w/in 14 days of meeting, parties file joint status report containing: (see items a d). Signed by Magistrate Judge Edward B. Atkins on 5/23/2022. (TDA) cc: COR
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| Filing 12 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Nathan Lennon. #11 Answer to Complaint, Crossclaim has been filed by Kellwell Food Managment, 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 (TDA) |
| Filing 11 ANSWER to Complaint with Jury Demand of Kellwell Food Management, Inc., CROSSCLAIM against Jordan Hall by KellWell Food Management, Inc..(Lennon, Nathan) |
| Filing 10 MOTION for Extension of Time by KellWell Food Management, Inc. to Move or Plead in Response to Plaintiffs' Complaint Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Lennon, Nathan) |
| Filing 9 NOTICE of Appearance by Nathan Andrew Lennon on behalf of KellWell Food Management, Inc. (Lennon, Nathan) |
| Filing 8 NOTICE OF APPEARANCE by Brian Morris, Brian Morris, Pike County Fiscal Court. (Shaw, Jonathan) |
| NOTICE OF FEE REFUND APPROVED re #7 Request for Fee Refund; the fee transaction involving Receipt No. BKYEDC-5250373 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 $ $402.00 was successfully completed on May 05, 2022 at 10:11:44 AM cc: COR (RCB) |
| Filing 7 REQUEST FOR FEE REFUND TO CREDIT CARD by Keshia Brown, Brittany Carnes, Ashley Conn, Valerie Hall . (Johnson, William) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: Case Reassigned per chambers re #4 Referral Order. (TDA) |
| Case Edward B. Atkins to Magistrate Judge Edward B. Atkins. Magistrate Judge Candace J. Smith no longer assigned to the case, per chambers re #4 . (TDA) |
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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. (TDA) cc: COR
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| Filing 3 SUMMONS ISSUED as to Jordan Hall, KellWell Food Management, Inc., Brian Morris, Individually & Officially, Pike County Fiscal Court; Summons issued and returned to counsel electronically. (TDA) |
| Filing 1 COMPLAINT 4 summons(es) presented referred to Judge. (Filing fee $402; receipt number AKYEDC-5250400), filed by Valerie Hall, Brittany Carnes, Ashley Conn, Keshia Brown. (Attachments: #1 Civil Cover Sheet, #2 Summons Jordan Hall, #3 Summons KellWell Food Management Inc., #4 Summons Pike County Fiscal Court, #5 Summons Brian Morris, Jailer) (TDA) |
| Case no longer referred to PSO, per chambers. (TDA) |
| Conflict Check run. (TDA) |
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