Barton et al v. Kusnezov et al
| Terry L. Barton and Barbara Gayle Barton |
| Nicholas A. Kusnezov, M.D., Kenneth J. Koval, M.D., William Dreibelbis, PA-C and Pikeville Medical Center, Inc. |
| 7:2023cv00076 |
| September 21, 2023 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Robert E Wier |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Petition for Removal- Medical Malpractice |
| Both |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 INITIAL DISCLOSURES by William Dreibelbis, PAC, Kenneth J. Koval, MD, Pikeville Medical Center, Inc..(Brannon, Margaret) |
Filing 13
SCHEDULING ORDER: 1. Per Rule 26(a)(1), parties serve initial disclosures by November 20, 2023. 2. NLT August 30, 2024, parties complete all fact discovery. 3. parties file any motion to join parties or amend pleadings by May 31, 2024. 4. Per FRCP 26(a)(2), nlt November 1, 2024, pla disclose identity of expert witnesses. Dfts have until February 3, 2025. Need not be filed. 5. NLT May 30, 2025, counsel complete expert discovery. 6. parties have to June 2, 2025, to file dispositive motions with response and reply per LR 7.1(c). 7. Telephonic mid-discovery conference assigned on October 16, 2024 at 1:00 P.M., shall be ON THE RECORD, in FRANKFORT. Counsel access by Microsoft Teams. 8. Should discovery dispute arise, parties directed to comply with stated protocol in Order (R. #4 ). 9. Requests to modify dates or deadlines be submitted upon motion prior to expiration. Signed by Magistrate Judge Edward B. Atkins on 11/3/2023. (TDA) cc: COR & FktCD
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| Filing 12 REPORT of Rule 26(f) Planning Meeting. (Brannon, Margaret) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #12 Report of Rule 26(f) Planning Meeting (RCB) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Justin S. Keown: re #12 Report of Rule 26(f) Planning Meeting. An e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Justin S. Keown (RCB) |
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Filing 11
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-c. 3. The parties' estimate as to the likely length of trial and dates mutually convenient for trial. Signed by Magistrate Judge Edward B. Atkins on 10/12/2023. (RCB)cc: COR
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| Attorney Update. Attorney Madeline Moss Berry for Nicholas A. Kusnezov, MD added per DE #9 . (RCB) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #6 Answer to Complaint, #7 Answer to Complaint, #8 Answer to Complaint, #9 Answer to Complaint (RCB) |
| Filing 10 NOTICE by Nicholas A. Kusnezov, MD Notice of service (Gazak, David) |
| Filing 9 ANSWER to Complaint by Nicholas A. Kusnezov, MD.(Gazak, David) |
| Filing 8 ANSWER to Complaint with Jury Demand by Kenneth J. Koval, MD.(Brannon, Margaret) |
| Filing 7 ANSWER to Complaint with Jury Demand by William Dreibelbis, PAC.(Brannon, Margaret) |
| Filing 6 ANSWER to Complaint with Jury Demand by Pikeville Medical Center, Inc..(Brannon, Margaret) |
| Filing 5 NOTICE by Nicholas A. Kusnezov, MD of consent to removal (Gazak, David) |
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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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| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Pikeville Medical Center, Inc. (RCB) |
| Filing 1 NOTICE OF REMOVAL from Pike Circuit Court, case number 23-CI-811, filed by Kenneth J. Koval, MD, William Dreibelbis, PAC, Pikeville Medical Center, Inc. (Attachments: #1 Exhibit - State Court Record, #2 Civil Cover Sheet)(RCB) |
| Conflict Check run. (RCB) |
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