Marquette Transportation Company Gulf Inland LLC v. McCoun
Plaintiff: Marquette Transportationi Company Gulf-Inland LLC
Defendant: Robert McCoun
Cross Defendant: Kirby Inland Marine, LP
Case Number: 5:2018cv00140
Filed: September 18, 2018
Court: US District Court for the Western District of Kentucky
Office: Paducah Office
Presiding Judge: Lanny King
Referring Judge: Thomas B Russell
Nature of Suit: Marine
Cause of Action: 28 U.S.C. ยง 1333
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 14, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2018 Opinion or Order Filing 61 TEXT ORDER signed by Senior Judge Thomas B. Russell on 11/14/2018. Granting #60 Motion to Appear Pro Hac Vice Rashon Murrill. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
November 13, 2018 Filing 60 MOTION to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2751359. by Counter Claimant Robert McCoun (Attachments: #1 Affidavit, #2 Supplement Certificate of Good Standing) (Kolodny, Alan)
November 5, 2018 Opinion or Order Filing 59 ORDER signed by Senior Judge Thomas B. Russell on 11/2/2018. Granting #58 Motion to Withdraw as Attorney Marc G. Matthews. cc: Counsel(KJA)
November 1, 2018 NOTICE OF DOCKET CORRECTION re #58 MOTION to Withdraw as Attorney of Marc G. Matthews. (Continue to receive notice:Yes) ; Error: signature on document and login of filer do not match; Correction: Advised filer of the error and referred to ECF User Manual and advised not to refile the document. (KJA)
October 31, 2018 Filing 58 MOTION to Withdraw as Attorney of Marc G. Matthews. (Continue to receive notice:Yes) by Claimant Kirby Inland Marine, LP (Attachments: #1 Proposed Order) (Streich, Michael)
October 19, 2018 Opinion or Order Filing 57 SCHEDULING ORDER for proceedings held before Senior Judge Thomas B. Russell: Telephonic Scheduling Conference held on 10/10/2018. Amended Pleadings due by 1/1/2019., Daubert Motion due by 7/1/2019., Discovery due by 6/15/2019., Dispositive Motions due by 7/1/2019., Telephone Conference set for 6/14/2019 at 10:00 AM before Senior Judge Thomas B. Russell. Referring Case to Magistrate Judge Lanny King. cc: counsel, CM-King (KJA)
October 9, 2018 Filing 56 Proposed Order and Discovery Plan by Marquette Transportationi Company Gulf-Inland LLC(as owner of the M/V CORPUS CHRISTI, USCG). (Miller, Bobby)
October 3, 2018 Opinion or Order Filing 55 ORDER signed by Senior Judge Thomas B. Russell on 10/2/2018. Granting #48 Motion to Substitute Attorney. Todd G. Crawford and the law firm of Fowler Rodriguez are allowed to withdraw as counsel of record for Marquette Transportation Company Gulf-Inland, LLC (Marquette), and that Bobby R. Miller, Jr., Esq., and Carl J. Marshall, Esq., and The Miller Law Firm, PLLC are hereby substituted as attorneys of record for Marquette. cc: Counsel(KJA)
October 1, 2018 Opinion or Order Filing 54 TEXT ORDER signed by Senior Judge Thomas B. Russell on 10/1/2018. Granting #53 Motion to Appear Pro Hac Vice Alan Kolodny. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
October 1, 2018 Filing 53 MOTION for Alan Kolodny to Appear Pro Hac Vice by Robert McCoun. Filing fee $ 125, receipt no. P33003942. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (KJA)
October 1, 2018 Opinion or Order Filing 52 TEXT ORDER signed by Senior Judge Thomas B. Russell on 10/1/2018. Granting #50 Motion to Appear Pro Hac Vice Michael E. Streich. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
October 1, 2018 Opinion or Order Filing 51 TEXT ORDER signed by Senior Judge Thomas B. Russell on 10/1/2018. Granting #49 Motion to Appear Pro Hac Vice Evans Martin McLeod. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
October 1, 2018 Filing 50 MOTION for Michael E. Streich to Appear Pro Hac Vice by Claimant Kirby Inland Marine, LP, Cross Defendant Kirby Inland Marine, LP. Filing fee $ 125, receipt no.P33003941. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (KJA)
October 1, 2018 Filing 49 MOTION for Evans Martin McLeod to Appear Pro Hac Vice by Claimant Kirby Inland Marine, LP, Cross Defendant Kirby Inland Marine, LP. Filing fee $ 125, receipt no. P33003940. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (KJA)
September 27, 2018 Filing 48 MOTION to Substitute Attorney by Counter Defendants Marquette Transportationi Company Gulf-Inland LLC, Marquette Transportationi Company Gulf-Inland LLC, Plaintiff Marquette Transportationi Company Gulf-Inland LLC (Attachments: #1 Proposed Order) (Miller, Bobby)
September 24, 2018 Opinion or Order Filing 47 TEXT ORDER by Senior Judge Thomas B. Russell on 9/24/2018.IT IS ORDERED:1. Counsel who will represent the parties at trial and who have full authority to enter stipulations, to make admissions, and to bind the parties with respect to dates agreed upon or ordered shall be available for a TELEPHONIC SCHEDULING CONFERENCE ON OCTOBER 10, 2018 at 11:00 a.m. CENTRAL TIME. Counsel must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call. 2. Pursuant to Rule 26(f) Fed.R.Civ.P. counsel shall discuss and establish a discovery plan which shall be submitted to the Court at the scheduling conference either orally during the telephonic conference or in writing. Counsel are directed to make the mandatory disclosures required by Rule 26(a)(l) Fed.R.Civ.P. by said conference date.3. At the Rule 16 telephonic scheduling conference dates will be fixed for the following, as appropriate to the case: a) Joinder of additional parties and amendments to pleadings. b) Disclosure of deadlines for experts. c) Discovery scope, limits and completion. d) Filing of dispositive motions. e) Exchange of exhibits and final witness lists. f) Conferences before trial, including a final pretrial conference. g) Trial. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KPH)
September 18, 2018 Filing 46 NOTICE of Attorney Deficiency issued to Attorney Michael Edward Streich re #40 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 10/2/2018. (JM)
September 18, 2018 Filing 45 NOTICE of Attorney Deficiency issued to Attorney Evans Martin McLeod re #40 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 10/2/2018. (JM)
September 18, 2018 Filing 44 NOTICE of Attorney Deficiency issued to Attorney Marcus Grant Matthews re #40 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 10/2/2018. (JM)
September 18, 2018 Filing 43 NOTICE of Attorney Deficiency issued to Attorney Alan Robert Kolodny re #40 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 10/2/2018. (JM)
September 18, 2018 Filing 42 NOTICE of Attorney Deficiency issued to Attorney Todd G. Crawford re #40 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 10/2/2018. (JM)
September 18, 2018 Filing 41 Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (JM)
September 18, 2018 Filing 40 Case transferred in from District of Texas Southern; Case Number 3:18-cv-00074. Original file certified copy of transfer order and docket sheet received. (JM)
September 18, 2018 Remark: Case assignment and docket sheet have been sent to case participants advising of case transfer information. (JM)
September 17, 2018 Interdistrict transfer to US District Curt Western District of Kentucky. Case transferred electronically, filed. (agould, 3) [Transferred from txsd on 9/18/2018.]
September 17, 2018 Opinion or Order Filing 39 ORDER TO TRANSFER CASE to United States District Court for the Western District of Kentucky (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) [Transferred from txsd on 9/18/2018.]
September 17, 2018 Opinion or Order Filing 38 ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: granting #13 Opposed MOTION to Transfer Venue, accepts #36 Memorandum and Recommendations, Limitation Defendants Objection to the Courts Memorandum and Recommendation to Transfer Venue (Dkt. 37) be OVERRULED; (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) [Transferred from txsd on 9/18/2018.]
September 14, 2018 Filing 37 OBJECTIONS to #36 Memorandum and Recommendations, filed by Robert McCoun. (Kolodny, Alan) [Transferred from txsd on 9/18/2018.]
September 4, 2018 Filing 36 MEMORANDUM AND RECOMMENDATION entered. The Court RECOMMENDS that Marquette's Motion to Transfer Venue [Dkt. 13] be GRANTED and the case TRANSFERRED to the United States District Court for the Western District of Kentucky. Objections to M&R due by 9/18/2018. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4) [Transferred from txsd on 9/18/2018.]
August 22, 2018 Filing 35 NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re #14 MOTION to Dismiss #1 Complaint, Declaratory Judgment Action, #13 Opposed MOTION to Transfer Venue, filed. (jegonzalez, 3) [Transferred from txsd on 9/18/2018.]
August 20, 2018 Filing 34 ANSWER to #33 Amended Answer, Crossclaim, Counterclaim by Kirby Inland Marine, LP, filed.(Streich, Michael) [Transferred from txsd on 9/18/2018.]
August 16, 2018 Filing 33 First AMENDED ANSWER to #1 Complaint, with Jury Demand, CROSSCLAIM against Kirby Inland Marine, LP, Amended COUNTERCLAIM against Marquette Transportationi Company Gulf-Inland LLC by Robert McCoun, filed. (Kolodny, Alan) [Transferred from txsd on 9/18/2018.]
July 31, 2018 Opinion or Order Filing 32 SCHEDULING ORDER entered. ETT: 3-5 Days. Jury Trial. Amended Pleadings due by 8/17/2018. Joinder of Parties due by 8/17/2018. Discovery due by 4/30/2019. Dispositive Motion Filing due by 5/10/2019. Non-Dispositive Motion Filing due by 6/14/2019. Joint Pretrial Order due by 7/22/2019. Docket Call set for 8/1/2019 at 09:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4) [Transferred from txsd on 9/18/2018.]
July 31, 2018 Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Initial conference held on July 31, 2018. The court and parties conferred and the court set out a schedule for the case. The scheduling order will be entered separately. Appearances: Michael E. Streich, Todd G Crawford and Alan Robert Kolodny. (ERO:Yes), filed. (wbostic, 4) [Transferred from txsd on 9/18/2018.]
July 20, 2018 Filing 31 CERTIFICATE OF INTERESTED PARTIES by Kirby Inland Marine, LP, filed.(Matthews, Marcus) [Transferred from txsd on 9/18/2018.]
July 17, 2018 Filing 30 REPORT of Rule 26(f) Planning Meeting by Kirby Inland Marine, LP, Marquette Transportationi Company Gulf-Inland LLC, Robert McCoun, filed.(Crawford, Todd) [Transferred from txsd on 9/18/2018.]
June 27, 2018 Filing 29 MOTION for Entry of Default against All Parties by Marquette Transportationi Company Gulf-Inland LLC, filed. Motion Docket Date 7/18/2018. (Attachments: #1 Exhibit A - Order of April 2, 2018, #2 Exhibit B - Proof of Publication, #3 Exhibit C - Email Correspondence, #4 Exhibit D - Affidavit of Counsel for Petitioner, #5 Proposed Order)(Crawford, Todd) [Transferred from txsd on 9/18/2018.]
June 22, 2018 Opinion or Order Filing 28 ORDER granting #27 Motion for Evans Martin McLeod to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3) [Transferred from txsd on 9/18/2018.]
June 19, 2018 Filing 27 MOTION for Evans Martin McLeod to Appear Pro Hac Vice by Kirby Inland Marine, LP, filed. Motion Docket Date 7/10/2018. (Matthews, Marcus) [Transferred from txsd on 9/18/2018.]
June 8, 2018 Filing 26 RETURN of Service, filed.(Crawford, Todd) [Transferred from txsd on 9/18/2018.]
May 29, 2018 Filing 25 CLAIM filed by Kirby Inland Marine, LP.(Matthews, Marcus) [Transferred from txsd on 9/18/2018.]
May 29, 2018 Filing 24 ANSWER to #1 Complaint, by Kirby Inland Marine, LP, filed.(Matthews, Marcus) [Transferred from txsd on 9/18/2018.]
May 23, 2018 Filing 23 ANSWER to #1 Complaint, with Jury Demand, COUNTERCLAIM against Marquette Transportationi Company Gulf-Inland LLC by Robert McCoun, filed.(Kolodny, Alan) [Transferred from txsd on 9/18/2018.]
May 4, 2018 Filing 22 REPLY in Support of #14 MOTION to Dismiss #1 Complaint, Declaratory Judgment Action, filed by Robert McCoun. (Kolodny, Alan) [Transferred from txsd on 9/18/2018.]
April 30, 2018 Filing 21 REPLY in Support of #13 Opposed MOTION to Transfer Venue, filed by Marquette Transportationi Company Gulf-Inland LLC. (Crawford, Todd) [Transferred from txsd on 9/18/2018.]
April 27, 2018 Filing 20 RESPONSE in Opposition to #14 MOTION to Dismiss #1 Complaint, Declaratory Judgment Action, filed by Marquette Transportationi Company Gulf-Inland LLC. (Crawford, Todd) [Transferred from txsd on 9/18/2018.]
April 23, 2018 Filing 19 RESPONSE in Opposition to #13 Opposed MOTION to Transfer Venue, filed by Robert McCoun. (Attachments: #1 Appendix Limitation Defendant's Exhibits A-C; Verification, #2 Proposed Order Denying Marquette's Opposed Motion to Transfer Venue)(Kolodny, Alan) [Transferred from txsd on 9/18/2018.]
April 20, 2018 Filing 18 CERTIFICATE OF INTERESTED PARTIES by Robert McCoun, filed.(Kolodny, Alan) [Transferred from txsd on 9/18/2018.]
April 19, 2018 Filing 17 CERTIFICATE OF INTERESTED PARTIES by Marquette Transportationi Company Gulf-Inland LLC, filed.(Crawford, Todd) [Transferred from txsd on 9/18/2018.]
April 6, 2018 Opinion or Order Filing 16 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/31/2018 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge Andrew M Edison(Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3) [Transferred from txsd on 9/18/2018.]
April 6, 2018 Filing 15 PROPOSED ORDER re: #14 MOTION to Dismiss #1 Complaint, Declaratory Judgment Action, filed.(Kolodny, Alan) [Transferred from txsd on 9/18/2018.]
April 6, 2018 Filing 14 MOTION to Dismiss #1 Complaint, Declaratory Judgment Action by Robert McCoun, filed. Motion Docket Date 4/27/2018. (Attachments: #1 Appendix Plaintiff's Exhibits A through D; Verification)(Kolodny, Alan) [Transferred from txsd on 9/18/2018.]
April 3, 2018 Filing 13 Opposed MOTION to Transfer Venue by Marquette Transportationi Company Gulf-Inland LLC, filed. Motion Docket Date 4/24/2018. (Attachments: #1 Exhibit 1 - Venue Selection Agreement, #2 Proposed Order)(Crawford, Todd) [Transferred from txsd on 9/18/2018.]
April 2, 2018 Filing 12 Notice of Complaint of Exoneration From Limitation of Liability All persons asserting claims with respect to which the Verified Complaint seeks exoneration from or limitation of liability are advised and admonished to filed their respective claims with the Clerk by 5/29/2018 Parties notified.(dperez, 3) [Transferred from txsd on 9/18/2018.]
April 2, 2018 Filing 11 Minute Entry for proceedings held before Judge George C Hanks, Jr. TELEPHONIC STATUS CONFERENCE held on 4/2/2018 re #9 Request for Pre-Motion Conference re MOTION to Dismiss and #6 REQUEST for pre-motion conference re Opposed MOTION to Transfer Venue. Plaintiff to file its Motion to Transfer Venue by Friday, April 6, 2018, at 5:00 PM. Defendants response is due by Friday, April 27, 2018 at 5:00 PM. Defendant to file Motion to Dismiss by Friday, April 6, 2018, at 5:00 PM. Plaintiffs response is due by Friday, April 27, 2018, at 5:00 PM. Defendants reply is due by Friday, May 4, 2018, at 5:00 PM.8. Defendants deadline to file an Answer to Plaintiffs Complaint is May 29, 2018.Appearances: Todd G Crawford, Alan Robert Kolodny.(Digital # 2:12 - 2:35)(ERO:Dana Perez), filed.(dwilkerson, 3) [Transferred from txsd on 9/18/2018.]
April 2, 2018 Opinion or Order Filing 10 ORDER Approving #3 Limitation Plaintiff's Stipulation for Value Directing Issuance of Notice and Restraining Prosecution of Claims.(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) [Transferred from txsd on 9/18/2018.]
March 30, 2018 Filing 9 Opposed MOTION to Dismiss Pre-Motion Letter for Partial Motion to Dismiss under FRCP 12(b) by Robert McCoun, filed. Motion Docket Date 4/20/2018. (Kolodny, Alan) [Transferred from txsd on 9/18/2018.]
March 20, 2018 Filing 8 NOTICE of Setting as to #6 REQUEST for pre-motion conference re: #4 Opposed MOTION to Transfer Venue. Parties notified. Pre-Motion Conference set for 4/2/2018 at 02:00 PM by telephone before Judge George C Hanks Jr, filed. (jegonzalez, 3) [Transferred from txsd on 9/18/2018.]
March 20, 2018 Summons Issued as to Robert McCoun. Issued summons delivered to plaintiff by First-class mail, filed.(agould, 3) [Transferred from txsd on 9/18/2018.]
March 19, 2018 Filing 7 Request for Issuance of Summons as to Robert McCoun, filed.(Crawford, Todd) [Transferred from txsd on 9/18/2018.]
March 19, 2018 Filing 6 REQUEST for pre-motion conference re: #4 Opposed MOTION to Transfer Venue, filed.(Crawford, Todd) [Transferred from txsd on 9/18/2018.]
March 19, 2018 Opinion or Order Filing 5 ORDER striking #4 Motion.(Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) [Transferred from txsd on 9/18/2018.]
March 16, 2018 Filing 4 Opposed MOTION to Transfer Venue by Marquette Transportationi Company Gulf-Inland LLC, filed. Motion Docket Date 4/6/2018. (Attachments: #1 Exhibit 1 - Venue Selection Agreement, #2 Proposed Order)(Crawford, Todd) [Transferred from txsd on 9/18/2018.]
March 13, 2018 Filing 3 Unopposed MOTION for Entry of Order re: by Marquette Transportation Company Gulf Inland LLC, filed. Motion Docket Date 4/3/2018. (Attachments: #1 Exhibit A - Proposed Notice, #2 Proposed Order Approving Limitation Plaintiffs Stipulation for Value Directing Issuance of Notice and Restraining Prosecution of Claims)(Crawford, Todd) [Transferred from txsd on 9/18/2018.]
March 13, 2018 Filing 2 STIPULATION re: Stipulation for Value by Marquette Transportation Company Gulf Inland LLC, filed.(Crawford, Todd) [Transferred from txsd on 9/18/2018.]
March 13, 2018 Filing 1 COMPLAINT against Robert McCoun (Filing fee $ 400 receipt number 0541-19738871) filed by Marquette Transportation Company Gulf Inland LLC. (Attachments: #1 Exhibit A - District Court Petition, #2 Exhibit B - Affidavit of Pending Freight, #3 Exhibit C - Affidavit of Value, #4 Civil Cover Sheet)(Crawford, Todd) [Transferred from txsd on 9/18/2018.]

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Defendant: Robert McCoun
Represented By: Alan Robert Kolodny
Represented By: Rashon Murrill
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Cross defendant: Kirby Inland Marine, LP
Represented By: Evans Martin McLeod
Represented By: Marcus Grant Matthews
Represented By: Michael E. Streich
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Plaintiff: Marquette Transportationi Company Gulf-Inland LLC
Represented By: Todd G Crawford
Represented By: Bobby R. Miller, Jr.
Represented By: Carl J. Marshall
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