Jackson v. Apple, Inc. et al
Plaintiff: Tiarra Jackson
Defendant: Apple, Inc. and Hocker Oxmoor, LLC doing business as Oxmoor Center
Case Number: 3:2023cv00319
Filed: June 22, 2023
Court: US District Court for the Western District of Kentucky
Presiding Judge: Rebecca Grady Jennings
Referring Judge: Colin H Lindsay
2 Judge: Greg N Stivers
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2023 Opinion or Order Filing 21 ORDER FOR MEETING AND REPORT (EBOC) by Magistrate Judge Colin H. Lindsay on 8/9/2023. Telephonic Rule 16 Case-Management Conference set for 9/21/2023 at 10:15 AM before Magistrate Judge Colin H. Lindsay. Counsel shall connect to the conference by dialing 1-888-808-6929, access code 2773744. cc: Counsel (SMJ)
August 4, 2023 Filing 20 MOTION to Strike and Substitute #14 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)), #19 Notice (Other). Document or Part to be Stricken and/or Substituted: by Defendant Hocker Oxmoor, LLC (Attachments: #1 Proposed Order Prop. Order Granting, #2 Tendered Substitute Hocker Oxmoor 7.1 Statement, #3 Tendered Substitute Johnson Declaration - Ex. 1 to Hocker Oxmoor 7.1 Statement) (Wright, Joseph)
August 2, 2023 Filing 19 NOTICE of Filing Exhibit 1 to Hocker Oxmoor, LLC's Amended Rule 7.1 Diversity Disclosure Statement by Hocker Oxmoor, LLC re #14 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) (Wright, Joseph)
August 2, 2023 Filing 18 Sealed Document re #15 by Defendants Apple, Inc., Hocker Oxmoor, LLC (Wright, Joseph)
August 2, 2023 Filing 17 Sealed Document re #15 by Defendants Apple, Inc., Hocker Oxmoor, LLC (Wright, Joseph)
August 2, 2023 Filing 16 Sealed Document re #15 by Defendants Apple, Inc., Hocker Oxmoor, LLC (Wright, Joseph)
August 2, 2023 Filing 15 MOTION for Leave to Seal Document by Defendants Apple, Inc., Hocker Oxmoor, LLC (Attachments: #1 Exhibit Exhibit 1 - Declaration of Carlos Ortiz, #2 Exhibit Exhibit 2 - Wholesale Petroleum Confidential Order, #3 Proposed Order Proposed Order Granting) (Wright, Joseph)
August 2, 2023 Filing 14 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Hocker Oxmoor, LLC. (Wright, Joseph)
July 27, 2023 Opinion or Order Filing 13 TEXT ORDER by Judge Rebecca Grady Jennings on 7/27/2023; pursuant to 28 U.S.C. 636(b)(1)(A), this matter is REFERRED to U.S. Magistrate Judge Colin H. Lindsay for resolution of all litigation planning issues, a scheduling conference, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Magistrate Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. A separate order scheduling the Rule 16 Conference will be issued by the Chambers of United States Magistrate Judge Lindsay.Pursuant to 28 U.S.C. Section 636(c), and in accordance with Rule 73(b)(1) of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse consequences. Should all parties consent to having a United States magistrate judge conduct all proceedings in this case, please complete the Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (https://www.kywd.uscourts.gov/sites/kywd/files/forms/ao085-1-Notice-Consent.pdf) and send a copy of this document to the clerks office via regular mail or email at intake-kywECF@kywd.uscourts.gov. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel,CM-CHL. (ARM)
July 19, 2023 Opinion or Order Filing 12 ORDER signed by Judge Rebecca Grady Jennings on 7/18/2023. The Notice of Removal (DE #1 ) and Diversity Disclosure Statement (DE #9 ) are deficient. Hocker Oxmoor LLC shall, within 14 days of the entry of this order, file an amended Diversity Disclosure Statement that complies with Fed. R. Civ. P. 7.1(a)(2). Apple Inc. and Hocker Oxmoor, LLC shall, within 14 days of the issuance of this order, amend the Notice of Removal to properly plead the citizenship of Hocker Oxmoor LLC. cc: Counsel (SMJ)
July 11, 2023 Filing 11 ANSWER to Complaint with Jury Demand by Hocker Oxmoor, LLC. (Miller, Byron)
July 11, 2023 Filing 10 ANSWER to Complaint with Jury Demand by Apple, Inc.. (Miller, Byron)
June 30, 2023 Filing 9 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Hocker Oxmoor, LLC. (Wright, Joseph)
June 26, 2023 Filing 8 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Apple, Inc.. (Miller, Byron)
June 26, 2023 Filing 7 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Hocker Oxmoor, LLC. (Miller, Byron)
June 26, 2023 Opinion or Order Filing 6 TEXT ORDER by Chief Judge Greg N. Stivers on 6/26/2023. Pursuant to 28 USC 455, the Court concludes that recusal in this case is required. IT IS HEREBY ORDERED that this matter is reassigned to the docket of Judge Rebecca Grady Jennings for all further proceedings and disposition, pursuant to General Order 23-10. Counsel are instructed to change the civil action number to reflect the initials "RGJ" in place and instead of the initials "GNS" on all further pleadings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record; Case Manager - Judge Jennings (TJD)
June 23, 2023 Filing 5 NOTICE of Deficiency re #1 Notice of Removal to Byron N. Miller, attorney for Defendants.Reason for Deficiency: Missing 7.1 (a)(1) Corporate Disclosure Statement for Hocker Oxmoor, LLC; 7.1 (a)(2) Disclosure Statement for Apple, Inc. and Hocker Oxmoor, LLC. Failure to comply will be brought to the attention of the Court. Response due by 6/30/2023. (CDL)
June 23, 2023 Filing 4 CLERK'S NOTICE to Jefferson Circuit Court and Counsel/Parties re #1 Notice of Removal. (CDL)
June 23, 2023 Filing 3 Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (CDL)
June 22, 2023 Filing 2 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Apple, Inc. (CDL)
June 22, 2023 Filing 1 NOTICE OF REMOVAL (No Answer filed) by Apple, Inc., Hocker Oxmoor, LLC from Jefferson Circuit Court, case number 23-CI-3087, (Filing fee $402, receipt number AKYWDC-3832113), filed by Apple, Inc., Hocker Oxmoor, LLC. (Attachments: #1 Exhibit Notice and Certification, #2 Memorandum in Support, #3 Exhibit 2 - NOF NOR State Court, #4 Exhibit 3 - State Court Record, #5 Cover Sheet) (CDL)

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Plaintiff: Tiarra Jackson
Represented By: Sean P. Lohman
Represented By: Richard L. Decker
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Defendant: Apple, Inc.
Represented By: Byron N. Miller
Represented By: Joseph A. Wright
Represented By: Joshua R. Hartman
Represented By: Michael J. Bender
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Defendant: Hocker Oxmoor, LLC doing business as Oxmoor Center
Represented By: Byron N. Miller
Represented By: Joseph A. Wright
Represented By: Joshua R. Hartman
Represented By: Michael J. Bender
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