McPherson v. Averitt Express, Inc. et al
Plaintiff: Donald W. McPherson
Defendant: State Farm Mutual Automobile Insurance Company, Christopher G. Boyd and Averitt Express, Inc.
Case Number: 3:2020cv00514
Filed: July 20, 2020
Court: US District Court for the Western District of Kentucky
Presiding Judge: Rebecca Grady Jennings
Referring Judge: Colin H Lindsay
2 Judge: Justin R Walker
Nature of Suit: Motor Vehicle
Cause of Action: 28:1441mv
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2020 Opinion or Order Filing 15 TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to the reassignment protocol set forth in GO 2020-16, this matter is reassigned to the docket of Judge Rebecca G. Jennings for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel, CM-Jennings (KJA)
September 3, 2020 Filing 14 REPLY to Response to Motion re #9 AMENDED MOTION to Remand re #8 Motion to Remand, MOTION to Stay, #8 MOTION to Remand , #11 MOTION to Sever Claims filed by State Farm Mutual Automobile Insurance Company. (Quick, Kim)
August 31, 2020 MOTION to Hold in Abeyance by Defendants Averitt Express, Inc., Christopher G. Boyd (*NOTE- NO PDF ATTACHED. This motion was incorporated within #13 Response and has been refiled by the Clerk for reporting purposes. Please see #13 for viewing.) (JM)
August 31, 2020 Filing 13 RESPONSE to Motion re #9 AMENDED MOTION to Remand filed by Averitt Express, Inc., Christopher G. Boyd. (Attachments: #1 Proposed Order on Motion to Remand, #2 Proposed Order on Abeyance) (Burroughs, Rebecca)
August 31, 2020 Filing 12 RESPONSE to Motion re #10 MOTION to Remand filed by Averitt Express, Inc., Christopher G. Boyd. (Attachments: #1 Exhibit A - Case Law, #2 Proposed Order on Motion to Remand) (Burroughs, Rebecca)
August 31, 2020 Filing 11 MOTION to Sever Claims by Defendants Averitt Express, Inc., Christopher G. Boyd (Attachments: #1 Exhibit A - Case Law, #2 Proposed Order on Motion to Sever) (Burroughs, Rebecca)
August 10, 2020 Filing 10 MOTION to Remand by Plaintiff Donald W. McPherson (Attachments: #1 Proposed Order) (Chumbley, Thomas)
August 10, 2020 Filing 9 AMENDED MOTION to Remand by Defendant State Farm Mutual Automobile Insurance Company (Attachments: #1 Proposed Order) (Quick, Kim) Modified motion text on 8/11/2020 (JM).
August 10, 2020 Filing 8 MOTION to Remand by Defendant State Farm Mutual Automobile Insurance Company (Attachments: #1 Proposed Order) (Quick, Kim)
August 6, 2020 Filing 7 ANSWER to Complaint by State Farm Mutual Automobile Insurance Company. (Quick, Kim)
July 29, 2020 Opinion or Order Filing 6 TEXT ORDER by Judge Justin R. Walker. The Court strongly encourages all attorneys and their clients to provide substantive speaking opportunities to less experienced attorneys. Newer attorneys often do not have many opportunities to appear and argue in court. Although oral argument is not necessary for ruling on most motions, the Court will hold oral argument if a party (a) requests it in accordance with LR 7.1 (f); and (b) commits to entrusting the argument to an attorney who graduated from law school no more than six years ago. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (MEJ)
July 29, 2020 Opinion or Order Filing 5 TEXT ORDER by Judge Justin R. Walker. Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Colin H. Lindsay for hearing and determining all pretrial matters pending before the Court in this action. Further, the Court authorizes Judge Colin H. Lindsay to conduct a settlement conference in this matter at any time. Additionally, the Court reminds the parties that they may consent to Magistrate Judge jurisdiction in this matter at any time in accordance with 28 U.S.C. 636(c)(1) and LR 73.1. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, CM/Law Clerk-Lindsay (MEJ)
July 29, 2020 Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Averitt Express, Inc., Christopher G. Boyd (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Case Law, #3 Exhibit C - Case Law, #4 Proposed Order on Motion to Dismiss) (Burroughs, Rebecca)
July 21, 2020 Filing 3 CLERK'S NOTICE re #1 Notice of Removal. cc: Counsel of Record, Nelson Circuit Court (DLW)
July 20, 2020 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Justin R. Walker. (DLW)
July 20, 2020 Filing 1 NOTICE OF REMOVAL by Christopher G. Boyd and Averitt Express, Inc. from Hardin Circuit Court, case number 20-CI-00955. (Filing fee $ 400). (Attachments: #1 Exhibit A - Original State Complaint, #2 Cover Sheet) (DLW)

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Plaintiff: Donald W. McPherson
Represented By: Thomas P. Chumbley
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Defendant: State Farm Mutual Automobile Insurance Company
Represented By: Kim F. Quick
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Defendant: Christopher G. Boyd
Represented By: Gene F. Zipperle, Jr.
Represented By: Rebecca L. Burroughs
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Defendant: Averitt Express, Inc.
Represented By: Gene F. Zipperle, Jr.
Represented By: Rebecca L. Burroughs
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