Vanover v. Samsung HVAC, LLC, et al
Plaintiff: Kevin Vanover
Defendant: Brian O'Connor, Vic Perez, Samsung Electronics America, Inc. and Samsung HVAC, LLC
Case Number: 3:2017cv00494
Filed: August 16, 2017
Court: US District Court for the Western District of Kentucky
Office: Louisville Office
County: Jefferson
Presiding Judge: Regina S Edwards
Referring Judge: David J Hale
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2019 Opinion or Order Filing 67 ORDER by Judge David J. Hale on 10/11/2019. This action stands DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and is STRICKEN from the Court's active docket. cc: Counsel (AME)
October 10, 2019 Filing 66 Proposed Agreed Order/Stipulation by Samsung HVAC, LLC. (Woods, C.)
August 12, 2019 Opinion or Order Filing 65 ORDER by Judge David J. Hale on 8/12/2019. This action is DISMISSED without prejudice. All dates and deadlines previously set in this matter are VACATED. All pending motions are DENIED as moot. The parties shall tender an agreed order of dismissal with prejudice within thirty (30) days of the date of entry of this Order. The Court will entertain a motion to redocket the action within thirty (30) days of the date of entry of this Order in the event the settlement is not consummated. cc: Counsel (MEJ)
August 9, 2019 Filing 64 SETTLEMENT AGREEMENT Notice of Settlement by Samsung Electronics America, Inc., Vic Perez, Brian O'Connor, Samsung HVAC, LLC. (Woods, C.)
August 6, 2019 Filing 63 NOTICE of Appearance by Abigail V. Lewis on behalf of Kevin Vanover (Lewis, Abigail)
August 2, 2019 Opinion or Order Filing 62 TEXT ORDER by Magistrate Judge Regina S. Edwards on 8/2/2019. On the Court's motion, a Telephonic Conference re #59 Proposed Agreed Order/Stipulation is scheduled for 8/14/2019 at 10:15 AM before Magistrate Judge Regina S. Edwards. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
August 2, 2019 Opinion or Order Filing 61 AGREED ORDER by Magistrate Judge Regina S. Edwards on 8/2/2019. Discovery shall be extended to and including 8/31/2019. cc: Counsel (AME)
July 30, 2019 Filing 60 Proposed Agreed Order/Stipulation re #58 by Brian O'Connor, Vic Perez. (Woods, C.)
July 26, 2019 Filing 59 Proposed Agreed Order/Stipulation by Brian O'Connor, Vic Perez, Samsung Electronics America, Inc., Samsung HVAC, LLC. (Woods, C.)
June 12, 2019 Opinion or Order Filing 58 AGREED ORDER by Magistrate Judge Regina S. Edwards on 6/11/19: Discovery due by 7/31/2019.cc: Counsel (DJT)
June 10, 2019 Filing 57 Proposed Agreed Order/Stipulation by Brian O'Connor, Vic Perez, Samsung Electronics America, Inc., Samsung HVAC, LLC. (Woods, C.)
May 17, 2019 Filing 56 REPLY re #47 Response to Motion MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian O'Connor, Vic Perez. (Woods, C.) Modified on 5/24/2019 to create link to related document (MEJ).
May 15, 2019 Opinion or Order Filing 55 AGREED ORDER by Magistrate Judge Regina S. Edwards on 5/14/2019. Discovery shall be extended to and including 6/30/2019. Plaintiff has withdrawn his pending Motion for Contempt. cc: Counsel (MEJ)
May 13, 2019 Filing 54 Proposed Agreed Order/Stipulation by Brian O'Connor, Vic Perez, Samsung Electronics America, Inc., Samsung HVAC, LLC. (Woods, C.)
May 10, 2019 Filing 53 MOTION for Contempt of DN 51 Order Compelling Discovery Cooperation by Plaintiff Kevin Vanover (Attachments: #1 Proposed Order, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2) (Adams, Garry)
May 10, 2019 Filing 52 RESPONSE to Motion re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kevin Vanover. (Attachments: #1 Proposed Order) (Adams, Garry)
April 25, 2019 Opinion or Order Filing 51 ORDER Signed by Magistrate Judge Regina S. Edwards on 4/24/2019 granting in part and denying in part #49 Motion to Compel. Plaintiff's "Combined Motion" (DN #49 ) is GRANTED as to Plaintiff's request that Defendants be compelled to respond to and cooperate with Plaintiff's requested depositions but DENIED as to Plaintiff's request that briefing and ruling on Defendants' Motion to Dismiss be stayed. Plaintiffs will have fifteen (15) days from entry of this Order to file a response to Defendants' Motion to Dismiss. Defendants shall then have seven (7) days from the filing of Plaintiff's response to file a reply. The discovery deadline will be extended thirty (30) days from date of entry of this Order. cc: Counsel (MEJ)
March 15, 2019 Filing 50 REPLY to Response to Motion re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian O'Connor, Vic Perez. (Attachments: #1 Proposed Order) (Ryan, Sean)
March 4, 2019 Filing 49 MOTION Plaintiff's Combined Motion to Compel Defendants to Schedule Depositions and Stay Response to Defendants' Motion to Dismiss re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kevin Vanover. (Attachments: #1 Exhibit Good faith email, #2 Proposed Order Proposed order to compel and stay, #3 Proposed Order Proposed order for additional time to respond, #4 Memorandum in Support Memorandum in support of motion to compel and stay response) (Adams, Garry). Modified on 3/5/2019, to clarify docket. (KD)
February 22, 2019 Opinion or Order Filing 48 TEXT ORDER by Magistrate Judge Regina S. Edwards on 2/22/2019. The telephonic status conference scheduled for 2/25/2019 is REMANDED from the Court's docket pending a ruling on Defendants' motion to dismiss ( #47 ). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (AEH)
February 12, 2019 Filing 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Brian O'Connor, Vic Perez (Attachments: #1 Memorandum in Support of Motion to Dismiss the Amended Complaint for Failure to State a Claim, #2 Proposed Order Proposed Order) (Woods, C.)
January 22, 2019 Opinion or Order Filing 46 ORDER (EBOC) on proceedings held before Magistrate Judge Regina S. Edwards on 1/18/2019 - A further telephonic Status Conference set for 2/25/2019 10:45 AM before Magistrate Judge Regina S. Edwards. The Court will initiate the call. cc:counsel (DAK)
January 14, 2019 Schedules per DN 43: Discovery due by 4/30/2019. Dispositive Motions due by 6/14/2019. (AEH)
January 11, 2019 Opinion or Order Filing 45 TEXT ORDER by Magistrate Judge Regina S. Edwards on 1/11/2019 - On the Court's own motion, a Telephonic Status Conference will be held on 1/18/2019 at 9:30 AM before Magistrate Judge Regina S. Edwards. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
November 29, 2018 Opinion or Order Filing 44 MEMORANDUM OPINION AND ORDER by Judge David J. Hale on 11/28/2018 - #35 Samsung's Motion to Dismiss is GRANTED. The Clerk of the Court is DIRECTED to terminate Samsung HVAC LLC as a defendant. cc: Counsel(DAK)
September 13, 2018 Opinion or Order Filing 43 AGREED ORDER by Magistrate Judge Regina S. Edwards on 9/13/2018 - Deadlines stated in the Court's October 23, 2017 Scheduling Order #13 and modified by the Court's June 5, 2018 Order #24 shall be extended 150 days from the date that the Court rules on Samsung HVAC, LLCs Motion to Dismiss #35 . Discovery due by 10/3/2018. Dispositive Motions due by 11/13/2018.cc:counsel (DAK)
September 5, 2018 Filing 42 Proposed Agreed Order/Stipulation re #24 by Samsung HVAC, LLC. (Woods, C.)
August 13, 2018 Opinion or Order Filing 41 AGREED ORDER by Magistrate Judge Regina S. Edwards on 8/10/2018 - Plaintiff's Response to Defendant's Motion to Dismiss/Motion for Summary Judgment (DN 37) extended until August 10, 2018. cc:counsel (DAK)
August 10, 2018 Filing 40 REPLY re #37 Response to Motion to Dismiss the Amended Complaint, REPLY to Response to Motion for Summary Judgment filed by Samsung HVAC, LLC. (Attachments: #1 Exhibit A - Affidavit of Gae Goodwin, #2 Exhibit B - Affidavit of Gae Goodwin Authenticating All Records Produced, #3 Exhibit C - KentucKy Employee Headcount, #4 Exhibit D - Samsung HVAC Quarterly Wage and Tax Report) (Woods, C.)
August 3, 2018 Filing 39 Proposed Agreed Order/Stipulation (extending time to file reply) re #37 by Samsung HVAC, LLC. (Woods, C.) Modified on 8/6/2018 - edited title for clarification(DAK).
July 30, 2018 Opinion or Order Filing 38 TEXT ORDER by Chief Judge Joseph H. McKinley, Jr., Pursuant to GO 2018-08, Case referred to United States Magistrate Judge Edwards. Case no longer referred to United States Magistrate Whalin. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KJA)
July 24, 2018 Filing 37 RESPONSE to Motion re #35 MOTION to Dismiss filed by Kevin Vanover. (Adams, Garry)
July 13, 2018 Filing 36 NOTICE OF DOCKET CORRECTION Re:PDF Error: INCORRECT document attached to docket entry by efiler re: #32 Answer to Amended Complaint ; Correct document attached to this entry. (Attachments: #1 Exhibit Correct Answer) (Woods, C.) Modified on 7/16/2018 replaced corrected document at DN 32 (MEJ).
July 13, 2018 Filing 35 MOTION to Dismiss by Defendant Samsung HVAC, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit A - Affidavit of Gae Goodwin, #3 Proposed Order Dismissing with Prejudice Plaintiff's Claims against defendant Samsung HVAC, LLC) (Woods, C.)
July 13, 2018 Filing 34 ANSWER to #28 Amended Complaint Second Amended Complaint by Vic Perez. (Woods, C.)
July 13, 2018 Filing 33 ANSWER to #28 Amended Complaint Second Amended Complaint by Brian O'Connor. (Woods, C.)
July 13, 2018 Filing 32 ANSWER to #28 Amended Complaint Second Amended Complaint by Samsung HVAC, LLC. (Woods, C.) (Main Document 32 replaced on 7/16/2018) (MEJ).
July 11, 2018 Opinion or Order Filing 31 AGREED ORDER by Magistrate Judge Dave Whalin on 7/11/2018: The defendants' deadline to file an answer and/or motion responding to the Plaintiff's Second Amended Complaint is extended through 7/13/2018. cc: counsel (JM)
July 5, 2018 Filing 30 Proposed Agreed Order/Stipulation re #28 by Brian O'Connor, Vic Perez, Samsung HVAC, LLC. (Woods, C.)
June 25, 2018 Filing 29 MOTION for Leave to From Filing a Responsive Pleading by Defendant Samsung Electronics America, Inc. (Attachments: #1 Proposed Order granting Leave from Filing a Responsive Pleading to Plaintiff's June 19, 2018 Amended Complaint) (Woods, C.)
June 21, 2018 Filing 28 AMENDED COMPLAINT against Brian O'Connor, Vic Perez, Samsung HVAC, LLC, filed by Kevin Vanover. (Adams, Garry)
June 21, 2018 Opinion or Order Filing 27 ORDER by Judge David J. Hale on 6/21/18: Within fourteen (14) days of the date of entry of this Order, Vanover shall either file a second amended complaint adequately alleging diversity jurisdiction or otherwise SHOW CAUSE why this matter should not be remanded pursuant to 28 U.S.C. 1447(e). cc: Counsel (DJT)
June 20, 2018 Opinion or Order Filing 26 ORDER by Judge David J. Hale on 6/19/2018- Samsung HVAC, LLC will be substituted for Defendant Samsung Electronics America, Inc. Plaintiff shall file his amended complaint against Samsung HVAC with 21 days. Samsung HVAC will then file its response in accordance with Federal Rule 12. cc:counsel (DAK)
June 19, 2018 Filing 25 AMENDED COMPLAINT against Kevin Vanover, Brian O'Connor, Samsung Electronics America, Inc., filed by Kevin Vanover. (Adams, Garry)
June 5, 2018 Opinion or Order Filing 24 AGREED ORDER by Magistrate Judge Dave Whalin on 6/5/2018: The remaining deadlines stated in the Court's 10/23/2017 Scheduling Order shall be stayed until the Court enters the parties' agreed order dismissing SEA from this action in favor of substituting Samsung HVAC. Plaintiff shall file his amended complaint against Samsung HVAC within 21 days from the date the agreed order of substitution is entered. Samsung HVAC will then file its response in accordance with Federal Rule 12 and all remaining deadlines shall be extended 120 days from the date Samsung HVAC files its answer. These remaining dates include the close of discovery on 6/1/2018, the deadline for dispositive motions on 7/16/2018 and the disclosure of Defendants' expert witnesses on 1/16/2018. cc: Counsel (JM)
May 30, 2018 Filing 23 Proposed Agreed Order/Stipulation by Samsung Electronics America, Inc.. (Woods, C.)
May 30, 2018 Filing 22 Proposed Agreed Order/Stipulation re #13 by Samsung Electronics America, Inc.. (Woods, C.)
May 10, 2018 Filing 21 REPORT ON SETTLEMENT CONFERENCE for proceedings held before Magistrate Judge Dave Whalin: Settlement Conference held on 5/8/2018. Settlement negotiations were conducted but the parties were unable to reach an agreement. Further settlement conferences will be scheduled if so requested by the parties or upon further order of the Court. cc: counsel (JM)
April 20, 2018 Opinion or Order Filing 20 ORDER (EBOC) on telephonic status conference held before Magistrate Judge Dave Whalin on 4/20/2018 - Parties are prepared to go forward with the settlement conference previously scheduled for Tuesday, May 8, 2018 at 10:00 a.m. before the Honorable Magistrate Judge Dave Whalin. cc:counsel (DAK)
April 18, 2018 Opinion or Order Filing 19 TEXT ORDER by Magistrate Judge Dave Whalin on 4/18/2018. At the request of counsel, the Telephonic Status Conference set for 4/18/2018 is RESCHEDULED to 4/20/2018 at 10:45 AM before Magistrate Judge Dave Whalin. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
March 26, 2018 Opinion or Order Filing 18 TEXT ORDER by Magistrate Judge Dave Whalin on 3/26/2018. On the Court's motion, the Telephonic Status Conference set for 3/26/2018 is RESCHEDULED to 4/18/2018 at 2:00 PM before Magistrate Judge Dave Whalin. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
March 19, 2018 Opinion or Order Filing 17 TEXT ORDER by Magistrate Judge Dave Whalin on 3/19/2018. At the request of counsel, the Settlement Conference set for 4/10/2018 is RESCHEDULED to 5/8/2018 at 11:00 AM before Magistrate Judge Dave Whalin. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
February 28, 2018 Opinion or Order Filing 16 ORDER FOR SETTLEMENT CONFERENCE by Magistrate Judge Dave Whalin on 2/27/2018: Settlement Conference set for 4/10/2018 at 10:00 AM in chambers before Magistrate Judge Dave Whalin. cc: counsel (JM)
February 28, 2018 Opinion or Order Filing 15 ORDER (EBOC) for proceedings held before Magistrate Judge Dave Whalin: Telephone Conference held on 2/27/2018. The parties shall have fifteen (15) days from the date of entry of this order to amend the pleadings to reflect the appropriate defendant as to Samsung. Telephone Conference set for 3/26/2018 at 2:00 PM before Magistrate Judge Dave Whalin. cc: counsel (JM)
December 11, 2017 Opinion or Order Filing 14 ORDER (EBOC) on a telephonic Status Conference held on 12/11/2017 before Magistrate Judge Dave Whalin - A further telephonic Status Conference set for 2/27/2018 10:15 AM before Magistrate Judge Dave Whalin. The Court will initiate the call. cc:counsel (DAK)
October 23, 2017 Opinion or Order Filing 13 SCHEDULING ORDER (EBOC) on proceedings held before Magistrate Judge Dave Whalin on 10/23/2017 - Rule 26(a)(1) Disclosure due by 11/13/2017. Amended Pleadings due by 11/1/2017. Joinder of Parties due by 11/1/2017. Expert Witness (Plaintiff) due by 12/15/2017. Expert Witness (Defendant) due by 1/16/2018. Discovery due by 6/1/2018. Dispositive Motions due by 7/16/2018. Daubert Motion due by 7/16/2018. A telephonic Status Conference set for 12/11/2017 11:30 AM before Magistrate Judge Dave Whalin. cc:counsel (DAK)
October 9, 2017 Filing 12 REPORT of Rule 26(f) Planning Meeting by Samsung Electronics America, Inc.. (Woods, C.)
September 12, 2017 Opinion or Order Filing 11 ORDER FOR MEETING AND REPORT (EBOC) by Magistrate Judge Dave Whalin on 9/12/2017 - A Rule 16 Scheduling Conference set for 10/23/2017 11:15 AM in chambers before Magistrate Judge Dave Whalin. cc:counsel (DAK)
September 11, 2017 Opinion or Order Filing 10 TEXT ORDER by Judge David J. Hale on 9/11/2017; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Dave Whalin, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Whalin is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT)
September 8, 2017 Filing 9 ANSWER to Complaint by Brian O'Connor. (Woods, C.)
September 8, 2017 Filing 8 ANSWER to Complaint by Vic Perez. (Woods, C.)
September 8, 2017 Filing 7 ANSWER to Complaint by Samsung Electronics America, Inc.. (Woods, C.)
August 28, 2017 Opinion or Order Filing 6 AGREED ORDER by Judge David J. Hale on 8/25/2017 - Defendants shall have up to and including September 8,2017, to answer Complaint.cc:counsel (DAK)
August 23, 2017 Filing 5 Corporate Disclosure Statement identifying Corporate Parent Samsung Electronics Co., Ltd. for Samsung Electronics America, Inc.. by Samsung Electronics America, Inc.. (Woods, C.)
August 23, 2017 Filing 4 Proposed Agreed Order/Stipulation by Brian O'Connor, Vic Perez, Samsung Electronics America, Inc.. (Woods, C.)
August 17, 2017 Filing 3 Clerk's Notice of Removal. cc: Counsel, Jeff Circuit Ct (NM)
August 16, 2017 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. Magistrate Judge designation: Judge Dave Whalin. (NM)
August 16, 2017 Filing 1 NOTICE OF REMOVAL by Samsung Electronics America, Inc., Vic Perez, Brian O'Connor from Jefferson Circuit Court, case number 17-CI-3647. Filing fee $400; receipt number 0644-2493121. (Attachments: #1 Exhibit A: State Court Complaint, #2 Exhibit B: Affidavit of Gae Goodwin, #3 Exhibit C: Notice of Filing, #4 Cover Sheet) (NM)

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Search for this case: Vanover v. Samsung HVAC, LLC, et al
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Defendant: Brian O'Connor
Represented By: Jacinta F. Porter
Represented By: C. Laurence Woods, III
Represented By: Zachary W. Hoyt
Represented By: Sean P. Ryan
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Defendant: Vic Perez
Represented By: Jacinta F. Porter
Represented By: C. Laurence Woods, III
Represented By: Zachary W. Hoyt
Represented By: Sean P. Ryan
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Defendant: Samsung Electronics America, Inc.
Represented By: Jacinta F. Porter
Represented By: C. Laurence Woods, III
Represented By: Sean P. Ryan
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Defendant: Samsung HVAC, LLC
Represented By: Jacinta F. Porter
Represented By: C. Laurence Woods, III
Represented By: Sean P. Ryan
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Plaintiff: Kevin Vanover
Represented By: Thomas E. Clay
Represented By: Garry R. Adams, Jr.
Represented By: Abigail V. Lewis
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