Smith v. Swift Pork Company
Plaintiff: Terry Smith
Defendant: JBS Pork Production Facility, JBS Foods USA and Swift Pork Company
Case Number: 3:2022cv00658
Filed: December 13, 2022
Court: US District Court for the Western District of Kentucky
Presiding Judge: Claria Horn Boom
Referring Judge: David J Hale
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1441 er Removal- Employment Discrimination (Race)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2023 Filing 20 Partial MOTION to Dismiss Plaintiff's Amended Complaint and Brief in Support by Defendant Swift Pork Company (Attachments: #1 Proposed Order) (McEwen, Charlotte)
January 17, 2023 Opinion or Order Filing 19 ORDER by Judge David J. Hale on 1/13/2023 denying as moot #11 Motion to Dismiss for Failure to State a Claim cc: Counsel(JWM)
January 12, 2023 Opinion or Order Filing 18 AGREED ORDER TO SUBSTITUTE NAMED DEFENDANT Signed by Judge David J. Hale on 1/11/2023 granting #8 Proposed Agreed Order. Swift Pork Company is SUBSTITUTED as the named Defendant in this action, in place of "JBS Pork Production Facility" and "JBS Foods USA." The Clerk is instructed to amend the case caption and docket accordingly, and all future filings shall be styled Terry Smith v. Swift Pork Company. Any and all claims against "JBS Pork Production Facility" and "JBS Foods USA" are hereby DISMISSED WITHOUT PREJUDICE. cc: Counsel (DLW)
January 11, 2023 Opinion or Order Filing 17 TEXT ORDER Signed by Judge David J. Hale on 1/11/2023 granting #9 Motion for Charlotte L. McEwen to Appear Pro Hac Vice; granting #10 Motion for Matthew M. Morrison to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
January 10, 2023 Filing 16 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (DJT)
January 10, 2023 Opinion or Order Filing 15 ORDER OF RECUSAL by Judge Claria Horn Boom on 1/10/23: IT IS HEREBY ORDERED that Judge Claria Horn Boom RECUSES from this matter, and the action is hereby REASSIGNED to the docket of the Honorable David J. Hale, United States District Judge, for all further proceedings. Counsel are requested to change the civil action number to reflect the initials DJH on all further pleadings. cc: Counsel, CM-DJH (DJT)
January 9, 2023 Filing 14 NOTICE of Appearance by William Edward Skees on behalf of Terry Smith (Skees, William)
January 9, 2023 Filing 13 RESPONSE to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Terry Smith. (Attachments: #1 Proposed Order) (Skees, William)
January 9, 2023 Filing 12 AMENDED COMPLAINT against All Defendants, filed by Terry Smith. (Skees, William)
December 20, 2022 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants JBS Foods USA, JBS Pork Production Facility (Attachments: #1 Proposed Order of Dismissal) (Johnson, Kyle)
December 20, 2022 Filing 10 MOTION for Matthew M. Morrison to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3717951. by Defendants JBS Foods USA, JBS Pork Production Facility (Attachments: #1 Proposed Order for Admission PHV) (Johnson, Kyle)
December 20, 2022 Filing 9 MOTION for Charlotte L. McEwen to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3717944. by Defendants JBS Foods USA, JBS Pork Production Facility (Attachments: #1 Proposed Order for Admission PHV) (Johnson, Kyle)
December 16, 2022 Filing 8 Proposed Agreed Order to Substitute Named Defendant by JBS Foods USA, JBS Pork Production Facility. (Johnson, Kyle)
December 14, 2022 Response to #4 Notice of Deficiency. (MNM)
December 13, 2022 Filing 7 Rule 7.1(a)(2) Disclosure Statement by JBS Foods USA, JBS Pork Production Facility. (Johnson, Kyle)
December 13, 2022 Filing 6 NOTICE OF FILING by JBS Foods USA, JBS Pork Production Facility re #1 Notice of Removal, (Attachments: #1 Cover Sheet Civil Cover Sheet) (Johnson, Kyle)
December 13, 2022 Filing 5 Rule 7.1 Disclosure Statement by JBS Foods USA, JBS Pork Production Facility. (Johnson, Kyle)
December 13, 2022 Filing 4 NOTICE of Deficiency re #1 Notice of Removal. Reason for Deficiency: Failure to file Corporate Disclosure. Failure to comply will be brought to the attention of the Court. Response due by 12/20/2022. (DeW)
December 13, 2022 Filing 3 CLERK'S NOTICE to Jefferson Circuit Court and Counsel of Record/Parties re #1 Notice of Removal. (DeW)
December 13, 2022 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (DeW)
December 13, 2022 Filing 1 NOTICE OF REMOVAL from Jefferson Circuit Court, case number 22-CI-006057, filed by JBS Pork Production Facility, JBS Foods USA. (Filing fee $402, receipt number AKYWDC-3713304.) (Attachments: #1 Exhibit A - Declaration of D. Moore, #2 Exhibit B - 11-22-22 Complaint, #3 Exhibit C - Declaration of C. Heredia, #4 Exhibit D - Summons) (DeW)

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Plaintiff: Terry Smith
Represented By: William Edward Skees
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Defendant: JBS Pork Production Facility
Represented By: Kyle D. Johnson
Represented By: Charlotte McEwen
Represented By: Matthew M. Morrison
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Defendant: JBS Foods USA
Represented By: Kyle D. Johnson
Represented By: Matthew M. Morrison
Represented By: Charlotte McEwen
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Defendant: Swift Pork Company
Represented By: Kyle D. Johnson
Represented By: Charlotte McEwen
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