Cumbee v. Spirit Logistics Network, Inc. et al
Plaintiff: Tommy S. Cumbee
Defendant: Spirit Logistics Network, Inc., Unknown Employees of Spirit Logistics Network, Inc. and Lowes Home Centers, LLC
Case Number: 3:2023cv00358
Filed: July 12, 2023
Court: US District Court for the Western District of Kentucky
Presiding Judge: Claria Horn Boom
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2023 Opinion or Order Filing 20 REPLY to Response to Motion re #15 MOTION Abeyance re #7 MOTION to Dismiss Rule 12 Motion to Dismiss filed by Tommy S. Cumbee. (Attachments: #1 Exhibit Exhibit A) (Cook, Brian)
August 14, 2023 Opinion or Order Filing 19 RESPONSE to Motion re #15 MOTION Abeyance re #7 MOTION to Dismiss Rule 12 Motion to Dismiss Response in Opposition to Plaintiff's Motion to Hold Rule 12 Motion to Dismiss in Abeyance filed by Lowes Home Centers, LLC, Spirit Logistics Network, Inc.. (Mays, Laura)
August 11, 2023 Opinion or Order Filing 18 ORDER by Judge Claria Horn Boom on 8/11/2023. Parties SHALL refrain from filing additional discovery documents except as contemplated under the Federal Rules. cc:counsel (JWM)
August 10, 2023 Opinion or Order Filing 17 NOTICE Cancellation of 30(b)(6) Depo of Defendants by Tommy S. Cumbee (Cook, Brian)
July 31, 2023 Opinion or Order Filing 16 ORDER GRANTING NOTICE OF WITHDRAWAL by Judge Claria Horn Boom on 7/31/23: Bradley Hookss Notice of Withdrawal [R. #13 ] is GRANTED. Nancy J. Kasko is WITHDRAWN as counsel on behalf of the Defendants. cc:counsel (DJT)
July 29, 2023 Opinion or Order Filing 15 MOTION Abeyance re #7 MOTION to Dismiss Rule 12 Motion to Dismiss by Plaintiff Tommy S. Cumbee (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proposed Order Tendered Proposed Order) (Cook, Brian)
July 29, 2023 Opinion or Order Filing 14 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Tommy S. Cumbee. (Cook, Brian)
July 28, 2023 Opinion or Order Filing 13 NOTICE NOTICE OF WITHDRAWAL OF HON. NANCY J. KASKO by Spirit Logistics Network, Inc. (Hooks, Bradley)
July 27, 2023 Opinion or Order Filing 12 ORDER REGARDING NOTICE OF WITHDRAWAL by Judge Claria Horn Boom on 7/27/2023. Attorney Bradly C. Hooks shall file a Notice of Withdrawal that complies with LR 83.6 by 8/4/2023.cc:counsel; Nancy Kasko (JWM) Modified text/dist on 7/27/2023 (JWM).
July 26, 2023 Opinion or Order Filing 11 NOTICE NOTICE OF WITHDRAWAL OF HON. NANCY J. KASKO by Spirit Logistics Network, Inc. (Hooks, Bradley)
July 26, 2023 Opinion or Order Filing 10 ATTORNEY NOTICE of Deficiency to James Wiley Craft, III re #8 Notice of Appearance.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 8/9/2023. (KJA)
July 26, 2023 Opinion or Order Filing 9 ATTORNEY NOTICE of Deficiency to Nancy J. Kasko re #8 Notice of Appearance.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 8/9/2023. (KJA)
July 20, 2023 Opinion or Order Filing 8 NOTICE of ENTRY OF APPEARANCE by attorneys Bradley C. Hooks, James W. Craft, and Nancy J. Kasko on behalf of Lowes Home Centers, LLC and Spirit Logistics Network, Inc. (Hooks, Bradley) Modified attorneys and party association on 7/20/2023 (JM).
July 18, 2023 Opinion or Order Filing 7 MOTION to Dismiss Rule 12 Motion to Dismiss by Defendants Lowes Home Centers, LLC, Spirit Logistics Network, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Mays, Laura)
July 18, 2023 Opinion or Order NOTICE OF DOCKET CORRECTION re #6 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)): ERROR: Incorrect event selected. This is a "diversity" disclosure statement pursuant to 7.1(a)(2), not a "corporate" disclosure statement pursuant to 7.1(a)(1). The Clerk has modified the docket text to reflect the correct statement. (JM)
July 13, 2023 Opinion or Order Filing 6 Diversity Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Lowes Home Centers, LLC. (Mays, Laura) Modified docket on 7/18/2023 to reflect this is a "diversity" disclosure statement, not a "corporate" disclosure statement. (JM).
July 13, 2023 Opinion or Order Filing 5 NOTICE of Deficiency to Laura L. Mays re #1 Notice of Removal. Reason for Deficiency: Missing File Rule 7.1(a)(2) Disclosure Statement for Defendant Lowes Home Centers, LLC. Failure to comply will be brought to the attention of the Court. Response due by 7/20/2023. (DeW)
July 13, 2023 Opinion or Order Filing 4 CLERK'S NOTICE to Jefferson Circuit Court and Counsel of Record/Parties re #1 Notice of Removal. (DeW)
July 12, 2023 Opinion or Order Filing 3 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Lowe's Companies, Inc. for Lowes Home Centers, LLC by Lowes Home Centers, LLC. (DeW)
July 12, 2023 Opinion or Order Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (DeW)
July 12, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Jefferson Circuit Court, case number 23-CI-003478, filed by Lowes Home Centers, LLC. (Filing fee $402, receipt number AKYWDC-3843081.) (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Billing Chart, #3 Exhibit 3 - Summons, #4 Cover Sheet) (DeW)

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Plaintiff: Tommy S. Cumbee
Represented By: Brian D. Cook
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Defendant: Spirit Logistics Network, Inc.
Represented By: Bradley C. Hooks
Represented By: James W. Craft, III
Represented By: Laura L. Mays
Represented By: Nancy Kasko
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Defendant: Unknown Employees of Spirit Logistics Network, Inc.
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Defendant: Lowes Home Centers, LLC
Represented By: Laura L. Mays
Represented By: James W. Craft, III
Represented By: Nancy Kasko
Represented By: Bradley C. Hooks
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