Sublett et al v. Westfield Insurance Company
| Phyllis Sublett and Calvin Keith Sublett |
| Westfield Insurance Company |
| 7:2023cv00065 |
| August 10, 2023 |
| 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- Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 12 INITIAL DISCLOSURES Plaintiffs' Rule 26 Initial Disclosures by Calvin Keith Sublett, Phyllis Sublett. (Attachments: #1 Exhibit Exhibit 1 - Expert Report of Yeiser Structural, #2 Exhibit Exhibit 2 - Expert Report of Top Notch Restoration, #3 Exhibit Exhibit 3 - Deed of Conveyance, #4 Exhibit Exhibit 4 - Insurance Policy and Declarations Page with Westfield)(Patton, Jerry) |
Filing 11
SCHEDULING ORDER: 1. Serve initial disclosures by October 9, 2023. Supplement purs to Rule 26(e). 2. Parties file any motion to join parties nlt December 15, 2023. 3. Parties file any motion to amend the pleadings nlt January 15, 2024. 4. Per FRCP 26(a)(2), nlt April 3, 2024, plas disclose identity of expert witnesses by written reports. 5. Dft have until May 18, 2024. 6. NLT August 19, 2024, parties complete all discovery, including expert. 7. Status report due nlt than August 19, 2024. 8. Disposition motions and Daubert motions nlt than October 15, 2024, with response and reply per LR 7.1(c). 9. Shall discovery dispute arise, parties comply w/ Standing Order (R. #3 ). 10. Copy of briefs & memo in support be provided to chambers w/in 48 hours in paper or email to Judge Wier. 11. Telephonic mid-discovery conference on February 26, 2024 at 2:00 P.M. ON THE RECORD from FRANKFORT. Access by calling Microsoft Teams Audioconferencing. 12. Requests to modify dates or deadlines be submitted upon motion prior to expiration. Signed by Magistrate Judge Edward B. Atkins on 8/28/2023. (TDA) cc: COR & FktCD
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| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #10 Joint Report of Rule 26(f) Planning Meeting. (TDA) |
| Filing 10 JOINT REPORT of Rule 26(f) Planning Meeting. (Bolen, James) |
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Filing 9
VIRTUAL ORDER: granting #7 Motion for Deani Beard Milano to Appear Pro Hac Vice by Westfield Insurance Company. Signed by Magistrate Judge Edward B. Atkins on 8/14/2023. (TDA) cc: COR
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Filing 8
ORDER: 1. Within 21 days, parties shall meet to consider the topics Rule 26(f)(2) mandates. 2. Within 14 days of meeting, parties shall file a joint status report containing: a-d. Signed by Magistrate Judge Edward B. Atkins on 8/11/2023. (RCB) cc: COR
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| Filing 7 MOTION for Deani Beard Milano to Appear Pro Hac Vice by Westfield Insurance Company ( Filing fee $125; receipt number AKYEDC-5623066)Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A - Declaration of Deani Beard Milano, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Proposed Order)(Bolen, James) |
| BAR STATUS Check completed as to Deanie Beard Milano re #7 MOTION for Deani Beard Milano to Appear Pro Hac Vice by Westfield Insurance Company. (Filing fee $125; receipt number AKYEDC-5623066) (RCB) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #7 MOTION for Deani Beard Milano to Appear Pro Hac Vice by Westfield Insurance Company ( Filing fee $125; receipt number AKYEDC-5623066) (RCB) |
| Filing 6 ANSWER to Complaint by Westfield Insurance Company.(Bolen, James) |
| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Westfield Insurance Company identifying Corporate Parent Ohio Farmers Insurance Company for Westfield Insurance Company.. (Bolen, James) |
| Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, J. David Bolen. #1 Notice of Removal, has been filed by Westfield Insurance Company 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) |
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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. (TDA)cc: COR
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| Filing 1 NOTICE OF REMOVAL from Johnson Circuit Court, case number 23-CI-00206. (Filing fee $402; receipt number AKYEDC-5621968), filed by Westfield Insurance Company. (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - State Court Docket Sheet, #3 Exhibit C - State Court NOF Removal, #4 Civil Cover Sheet)(TDA) |
| Conflict Check run. (TDA) |
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