Burlingame et al v. State Farm Fire and Casualty Company
| Christy Burlingame and Christopher Burlingame |
| State Farm Fire and Casualty Company |
| 7:2022cv00123 |
| December 30, 2022 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Robert E Wier |
| Insurance |
| 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract |
| Both |
Docket Report
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| Document Text |
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| Filing 14 NOTICE OF SERVICE of Rule 26(a)(1) Disclosures by Christopher Burlingame, Christy Burlingame. (Ferrell, Joshua) Modified text on 2/16/2023 (TDA). |
| Filing 13 NOTICE OF FILING by State Farm Fire and Casualty Company Federal Rule Disclosures (Banks, Darrin) |
| Filing 12 NOTICE OF SERVICE of Interrogs, RPOD & RFAby Christopher Burlingame, Christy Burlingame. (Ferrell, Joshua) Modified text on 2/7/2023 (TDA). |
Filing 11
ORDER re #10 : Plas claims for bad faith, violation of Kentucky Unfair Claims Settlement Practices Act and\or other extra-contractual damages, are hereby bifurcated from Plas underlying contractual claim. Discovery pertaining to bifurcated claims for bad faith or other extra-contractual damages shall be held in abeyance pending resolution of underlying action. Upon conclusion of underlying claims, those remaining claims, if any, be subject of a new scheduling order by Court. Signed by Magistrate Judge Edward B. Atkins on 1/30/2023. (TDA) cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: re #10 Proposed Agreed Order to Bifurcate Claims. (TDA) |
| Filing 10 Proposed Agreed Order to Bifurcate by State Farm Fire and Casualty Company. (Banks, Darrin) |
| Filing 9 NOTICE OF SERVICE by State Farm Fire and Casualty Company of IRPD (Banks, Darrin) Modified text on 1/27/2023 (TDA). |
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Filing 8
SCHEDULING ORDER: 1. Serve initial disclosures by February 15, 2023. Supplement purs to Rule 26(e) by August 15, 2023. 2. Plas file any motion to join parties or amend pleadings by June 30, 2023. Dft by July 30, 2023. 3. Per FRCP 26(a)(2), nlt October 31, 2023, plas disclose identity of expert witnesses by written reports. Dft have until November 30, 2023. 4. Maximum of interrogatories, requests for production, requests for admissions shall be 30. Length of depo 7 hours. 5. NLT January 30, 2024, complete all discovery, including expert. 6. Status report due nlt than January 30, 2024 (close of discovery). 7. Disposition motions, Daubert motions, and motion in limine nlt than March 1, 2024, with response and reply per LR 7.1(c). 8. Submit Rule 26(a)(3) witness lists, witnesses and testimony by depo, and exhibit lists nlt March 1, 2024. Make available exhibits for inspection w/in 14 days thereafter, upon request. 9. Objections under Rule 26(a)(3) nlt April 1, 2024. 10. Shall discovery dispute arise, comply w/ Order (R. #5 ). 11. Copy of briefs & memo in support be provided to chambers w/in 48 hours in paper or email. 12. Telephonic mid-discovery conference on June 30, 2023 at 1:30 P.M. ON THE RECORD from LEXINGTON. Access by calling Microsoft Teams Audioconferencing. 13. Requests to modify dates or deadlines be submitted upon motion prior to expiration. Signed by Magistrate Judge Edward B. Atkins on 1/18/2023. (TDA) cc: COR & LexCD
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| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #7 Report of Rule 26(f) Planning Meeting. (TDA) |
| Filing 7 JOINT REPORT of Rule 26(f) Planning Meeting. (Banks, Darrin) |
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Filing 6
ORDER FOR MEETING AND REPORT: 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 1/3/2023. (TDA)cc: COR
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Filing 5
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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| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by State Farm Fire and Casualty Company. (RCB) |
| Filing 3 ANSWER to Complaint by State Farm Fire and Casualty Company. (RCB) |
| Filing 1 NOTICE OF REMOVAL from Pike Circuit Court, case number 22-CI-1014, filed by State Farm Fire and Casualty Company. (Filing fee $402; receipt number AKYEDC-5443360) (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - Complaint, #3 Exhibit C - Policy, #4 Civil Cover Sheet)(RCB) |
| Conflict Check run. (RCB) |
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