This case was last updated from PACER on 12/20/2020 at 09:17:55 (UTC).

Kirk v. Wal Mart, Inc.

Case Summary

On 10/21/2020 Kirk filed a Personal Injury - Other Personal Injury lawsuit against Wal Mart, Inc. This case was filed in U.S. District Courts, Kentucky Eastern District. The Judges overseeing this case are William O. Bertelsman and Edward B. Atkins. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:20-CV-00151

  • Filing Date:

    10/21/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    U.S. District Courts

  • Courthouse:

    Kentucky Eastern District

Judge Details

Presiding Judge

William O. Bertelsman

Referral Judge

Edward B. Atkins

 

Party Details

Plaintiff

Terrie Kirk

Defendant

Wal Mart, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Robert E. Blau

Attorney at Blau & Kriege, PLLC

3699 Alexandria Pike

Cold Spring, KY 41076

Defendant Attorney

Jennifer Kincaid Adams

Attorney at Blackburn, Domene & Burchett PLLC

614 W. Main Street, Suite 3000

Louisville, KY 40202

 

Court Documents

#8

(#8) JOINT STATUS REPORT for December by Wal Mart, Inc.. (Adams, Jennifer) (Entered: 12/07/2020)

#7

(#7) SCHEDULING ORDER: 1. The parties shall exchange Rule 26(a)(1) disclosures by November 30, 2020. 2. The parties are directed to file a joint status report the first Monday of each month. 3. The parties have indicated they are agreeable to mediation. 4. This action is assigned for a telephonic mid-discovery conference on February 9, 2021, at 2:00 p.m., and shall be ON THE RECORD, from PIKEVILLE. Counsel shall access the conference by calling AT&T Teleconferencing (see Order for details). 5. The parties shall file any motion to join parties or amend pleadings by March 30, 2021. 6. No later than May 31, 2021, counsel for the parties shall complete all pretrial fact discovery. 7. Per Fed. R. Civ. P. 26(a)(2), no later than June 30, 2021, the plaintiff shall disclose the identity of expert witnesses. The same is required by the defendant no later than August 2, 2021. These disclosures need not be filed in the Court record. 8. All expert discovery shall be completed no later than September 30, 2021. 9. The parties shall have to and including November 1, 2021, by which to file all dispositive motions and Daubert motions, with response and reply time as per Local Rule 7.1(c). A courtesy copy of briefs and memoranda in support of motions must be provided toJudge Bertelsmans Chambers within 48 hours of electronic filing; said courtesy copy should be in paper form or emailed. 10. Requests to modify any dates or deadlines established by this order shall be submitted upon motion filed prior to expiration of the deadline in question, and upon showing of good cause beyond the control of counsel in the exercise of due diligence. See L.R. 7.1(b). (Parties to comply with all aspects of this Order). Signed by Magistrate Judge Edward B. Atkins on 11/12/2020.(ECO)cc: COR (Entered: 11/12/2020)

#6

(#6) JOINT REPORT of Rule 26(f) Planning Meeting. (Adams, Jennifer) (Entered: 11/06/2020)

#5

(#5) ORDER FOR MEETING AND REPORT: Pursuant to Fed. R. Civ. P. 16 and 26, the Court ORDERS as follows: 1. Within 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates. 2. Within 14 days of the meeting, the parties shall file a joint status report containing: a. The discovery plan, containing, inter alia, the parties' views and proposals on all items Rule 26(f)(3) lists and any standard scheduling order deadlines and/or requirements on which the parties wish the Court to consider specific timing proposals;b. The parties' estimate of the time necessary to file pretrial motions; c. The parties' belief(s) as to whether the matter is suitable for some form of alternative dispute resolution and any proposed timing; and d. The parties' estimate as to the likely length of trial and dates mutually convenient for trial. Signed by Magistrate Judge Edward B. Atkins on 10/22/2020.(ECO)cc: COR (Entered: 10/22/2020)

#4

(#4) STANDING REFERRAL ORDER: : 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR (Entered: 10/21/2020)

#3

(#3) FRCP 7.1 DISCLOSURE STATEMENT by Wal Mart, Inc.. (ECO) (Entered: 10/21/2020)

1 #3

Civil Cover Sheet

1 #2

Exhibit 2-State Court Record

1 #1

Exhibit 1-Email Correspondence

#1

(#1) NOTICE OF REMOVAL from Campbell Circuit Court, case number 20-CI-710. ( Filing fee $400; receipt number 0643-4806033), filed by Wal Mart, Inc.. (Attachments: #1 Exhibit 1-Email Correspondence, #2 Exhibit 2-State Court Record, #3 Civil Cover Sheet)(ECO) (Entered: 10/21/2020)

 

Docket Entries

  • 12/08/2020
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  • Docket***FILE SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #8 JOINT Status Report re #7 Scheduling Order. (ECO) (Entered: 12/08/2020)

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  • 12/07/2020
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  • Docket(#8) JOINT STATUS REPORT for December by Wal Mart, Inc.. (Adams, Jennifer) (Entered: 12/07/2020)

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  • 11/12/2020
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  • Docket(#7) SCHEDULING ORDER: 1. The parties shall exchange Rule 26(a)(1) disclosures by November 30, 2020. 2. The parties are directed to file a joint status report the first Monday of each month. 3. The parties have indicated they are agreeable to mediation. 4. This action is assigned for a telephonic mid-discovery conference on February 9, 2021, at 2:00 p.m., and shall be ON THE RECORD, from PIKEVILLE. Counsel shall access the conference by calling AT&T Teleconferencing (see Order for details). 5. The parties shall file any motion to join parties or amend pleadings by March 30, 2021. 6. No later than May 31, 2021, counsel for the parties shall complete all pretrial fact discovery. 7. Per Fed. R. Civ. P. 26(a)(2), no later than June 30, 2021, the plaintiff shall disclose the identity of expert witnesses. The same is required by the defendant no later than August 2, 2021. These disclosures need not be filed in the Court record. 8. All expert discovery shall be completed no later than September 30, 2021. 9. The parties shall have to and including November 1, 2021, by which to file all dispositive motions and Daubert motions, with response and reply time as per Local Rule 7.1(c). A courtesy copy of briefs and memoranda in support of motions must be provided toJudge Bertelsmans Chambers within 48 hours of electronic filing; said courtesy copy should be in paper form or emailed. 10. Requests to modify any dates or deadlines established by this order shall be submitted upon motion filed prior to expiration of the deadline in question, and upon showing of good cause beyond the control of counsel in the exercise of due diligence. See L.R. 7.1(b). (Parties to comply with all aspects of this Order). Signed by Magistrate Judge Edward B. Atkins on 11/12/2020.(ECO)cc: COR (Entered: 11/12/2020)

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  • 11/09/2020
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  • Docket***FILE SUBMITTED TO CHAMBERS of Edward B. Atkins for review: #6 Report of Rule 26(f) Planning Meeting (ECO) (Entered: 11/09/2020)

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  • 11/06/2020
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  • Docket(#6) JOINT REPORT of Rule 26(f) Planning Meeting. (Adams, Jennifer) (Entered: 11/06/2020)

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  • 10/22/2020
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  • Docket(#5) ORDER FOR MEETING AND REPORT: Pursuant to Fed. R. Civ. P. 16 and 26, the Court ORDERS as follows: 1. Within 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates. 2. Within 14 days of the meeting, the parties shall file a joint status report containing: a. The discovery plan, containing, inter alia, the parties' views and proposals on all items Rule 26(f)(3) lists and any standard scheduling order deadlines and/or requirements on which the parties wish the Court to consider specific timing proposals;b. The parties' estimate of the time necessary to file pretrial motions; c. The parties' belief(s) as to whether the matter is suitable for some form of alternative dispute resolution and any proposed timing; and d. The parties' estimate as to the likely length of trial and dates mutually convenient for trial. Signed by Magistrate Judge Edward B. Atkins on 10/22/2020.(ECO)cc: COR (Entered: 10/22/2020)

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  • 10/21/2020
  • Docket***FILE SUBMITTED TO CHAMBERS of Edward B. Atkins for review: Answer to Complaint (ECO) (Entered: 10/21/2020)

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  • 10/21/2020
  • DocketConflict Check run. (ECO) (Entered: 10/21/2020)

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  • 10/21/2020
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  • Docket(#4) STANDING REFERRAL ORDER: : 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR (Entered: 10/21/2020)

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  • 10/21/2020
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  • Docket(#3) FRCP 7.1 DISCLOSURE STATEMENT by Wal Mart, Inc.. (ECO) (Entered: 10/21/2020)

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  • 10/21/2020
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  • DocketANSWER to Complaint with Jury Demand by Wal Mart, Inc.. (Filed as part of State Court Record (DE #1 Exhibit 2).(ECO) (Entered: 10/21/2020)

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  • 10/21/2020
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  • Docket(#1) NOTICE OF REMOVAL from Campbell Circuit Court, case number 20-CI-710. ( Filing fee $400; receipt number 0643-4806033), filed by Wal Mart, Inc.. (Attachments: #1 Exhibit 1-Email Correspondence, #2 Exhibit 2-State Court Record, #3 Civil Cover Sheet)(ECO) (Entered: 10/21/2020)

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