2:23-CV-00028
02/23/2023
Pending - Other Pending
Personal Injury - Other Personal Injury
Candace J. Smith
Michael Rice
David L. Vandergriff
CRST Specialized Transportation, Inc.
Shea W. Conley
John M. Dunn
Magistrate Judge Candace J. Smith added. Judge Danny C. Reeves no longer assigned to case. (ECO) (ECO). (Entered: 03/27/2023)
(#12) NOTICE by CRST Specialized Transportation, Inc., David L. Vandergriff notice consent and reference of civil action to a magistrate judge (Dunn, John) (Entered: 03/24/2023)
(#11) ORDER: 1. The defendants' partial motion to dismiss [Record No. #7 ] is DENIED, as moot. 2. The parties' proposed agreed order to dismiss Counts 2 and 3, without prejudice, docketed as a motion [Record No. #9 ], is GRANTED. 3. The parties may execute and file the appropriate consent form no later than Friday, March 24, 2023. Failure to do will result in the entry of a scheduling order and this matter will proceed before the undersigned. Signed by Judge Danny C. Reeves on 3/17/2023.(ECO)cc: COR (Entered: 03/17/2023)
(#10) JOINT REPORT of Rule 26(f) Planning Meeting. (Dunn, John) (Entered: 03/17/2023)
(#9) Proposed Agreed Order Dismissing Count II and Count III of the Complaint by CRST Specialized Transportation, Inc., David L. Vandergriff. (Dunn, John) (Entered: 03/17/2023)
(#8) RESPONSE to Court's Order to Show Cause #5 filed by CRST Specialized Transportation, Inc., David L. Vandergriff. (Dunn, John) Modified to create link to Order on 3/6/2023 (ECO). (Entered: 03/03/2023)
Proposed Order
(#7) MOTION to Dismiss by CRST Specialized Transportation, Inc., David L. Vandergriff PARTIAL MOTION TO DISMISS (Attachments: #1 Proposed Order)(Dunn, John) (Entered: 02/24/2023)
Notice, Consent to Magistrate Judge
(#6) ORDER FOR MEETING AND REPORT: 1. No later than thirty (30) days from this date, counsel for the parties shall conduct the meeting of parties required by Rule 26(f) to discuss the possibilities for a prompt settlement or resolution of the case and to develop a proposed discovery plan. 2. At the time of the meeting, counsel for the parties shall exchange the disclosures required by Rule 26(a)(1) and, in the future, shall make supplemental disclosures when required by Rule 26(e). 3. No later than fourteen (14) days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. In proposing deadlines, the parties should contemplate a trial date within 12 months or fewer. The parties' report shall include the following information: (a) the parties' views and proposals required by Rule 26(f); (b) the length of time counsel reasonably believe will be necessary to join other parties and to amend the pleadings; (c) the length of time counsel reasonably believe will be necessary to file motions; (d) the length of time counsel reasonably believe will be necessary to complete all pretrial discovery, including expert witness discovery; (e) the length of time counsel reasonably believe will be necessary for the parties to make the expert disclosures required by Rule 26(a)(2), with these disclosures to be made during the pretrial discovery phase of the case; (f) the probable length of trial and whether there will be issues to submit to a jury; (g) the dates that are mutually convenient with counsel to assign this case for trial; (h) whether the parties desire a scheduling conference before entry of a scheduling order; and (i) whether the parties consent to the jurisdiction of a magistrate judge for all further proceedings, including trial, pursuant to 28 U.S.C. 636(c). Consent forms are attached to this order and forms signed by all parties counsel should be filed by no later than the date counsels joint status report is due. If all parties, by counsel, so consent, the Clerk of Court shall re-assign this matter to the appropriate Magistrate Judge without the necessity of further order of the Court. L.R. 73.1(c). Signed by Judge Danny C. Reeves on 2/23/2023. (Attachments: #1 Notice, Consent to Magistrate Judge)(ECO)cc: COR (Entered: 02/23/2023)
(#5) ORDER: that, on or before Friday, March 3, 2023, the defendants are directed to SHOW CAUSE why this matter should not be remanded to state court. Signed by Judge Danny C. Reeves on 2/23/2023.(ECO)cc: COR (Entered: 02/23/2023)
(#4) FRCP 7.1 DISCLOSURE STATEMENT by Michael Rice. (Conley, Shea) (Entered: 02/23/2023)
(#3) FRCP 7.1 DISCLOSURE STATEMENT by CRST Specialized Transportation, Inc.. (ECO) (Entered: 02/23/2023)
Exhibit C-Notice of Filing Notice of Removal
Exhibit B-State Court Answer
Exhibit A-State Court Complaint
Docket***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #12 Notice by CRST Specialized Transportation, Inc., David L. Vandergriff notice consent and reference of civil action to a magistrate judge (ECO) (Entered: 03/27/2023)
[-] Read LessDocketMagistrate Judge Candace J. Smith added. Judge Danny C. Reeves no longer assigned to case. (ECO) (ECO). (Entered: 03/27/2023)
[-] Read LessDocket(#12) NOTICE by CRST Specialized Transportation, Inc., David L. Vandergriff notice consent and reference of civil action to a magistrate judge (Dunn, John) (Entered: 03/24/2023)
[-] Read LessDocket***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review: #10 Report of Rule 26(f) Planning Meeting (ECO) (Entered: 03/20/2023)
[-] Read LessDocket(#11) ORDER: 1. The defendants' partial motion to dismiss [Record No. #7 ] is DENIED, as moot. 2. The parties' proposed agreed order to dismiss Counts 2 and 3, without prejudice, docketed as a motion [Record No. #9 ], is GRANTED. 3. The parties may execute and file the appropriate consent form no later than Friday, March 24, 2023. Failure to do will result in the entry of a scheduling order and this matter will proceed before the undersigned. Signed by Judge Danny C. Reeves on 3/17/2023.(ECO)cc: COR (Entered: 03/17/2023)
[-] Read LessDocket(#10) JOINT REPORT of Rule 26(f) Planning Meeting. (Dunn, John) (Entered: 03/17/2023)
[-] Read LessDocket(#9) Proposed Agreed Order Dismissing Count II and Count III of the Complaint by CRST Specialized Transportation, Inc., David L. Vandergriff. (Dunn, John) (Entered: 03/17/2023)
[-] Read LessDocket***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review: #8 RESPONSE re #5 Order (ECO) (Entered: 03/06/2023)
[-] Read LessDocket(#8) RESPONSE to Court's Order to Show Cause #5 filed by CRST Specialized Transportation, Inc., David L. Vandergriff. (Dunn, John) Modified to create link to Order on 3/6/2023 (ECO). (Entered: 03/03/2023)
[-] Read LessDocket(#7) MOTION to Dismiss by CRST Specialized Transportation, Inc., David L. Vandergriff PARTIAL MOTION TO DISMISS (Attachments: #1 Proposed Order)(Dunn, John) (Entered: 02/24/2023)
[-] Read LessDocket(#6) ORDER FOR MEETING AND REPORT: 1. No later than thirty (30) days from this date, counsel for the parties shall conduct the meeting of parties required by Rule 26(f) to discuss the possibilities for a prompt settlement or resolution of the case and to develop a proposed discovery plan. 2. At the time of the meeting, counsel for the parties shall exchange the disclosures required by Rule 26(a)(1) and, in the future, shall make supplemental disclosures when required by Rule 26(e). 3. No later than fourteen (14) days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. In proposing deadlines, the parties should contemplate a trial date within 12 months or fewer. The parties' report shall include the following information: (a) the parties' views and proposals required by Rule 26(f); (b) the length of time counsel reasonably believe will be necessary to join other parties and to amend the pleadings; (c) the length of time counsel reasonably believe will be necessary to file motions; (d) the length of time counsel reasonably believe will be necessary to complete all pretrial discovery, including expert witness discovery; (e) the length of time counsel reasonably believe will be necessary for the parties to make the expert disclosures required by Rule 26(a)(2), with these disclosures to be made during the pretrial discovery phase of the case; (f) the probable length of trial and whether there will be issues to submit to a jury; (g) the dates that are mutually convenient with counsel to assign this case for trial; (h) whether the parties desire a scheduling conference before entry of a scheduling order; and (i) whether the parties consent to the jurisdiction of a magistrate judge for all further proceedings, including trial, pursuant to 28 U.S.C. 636(c). Consent forms are attached to this order and forms signed by all parties counsel should be filed by no later than the date counsels joint status report is due. If all parties, by counsel, so consent, the Clerk of Court shall re-assign this matter to the appropriate Magistrate Judge without the necessity of further order of the Court. L.R. 73.1(c). Signed by Judge Danny C. Reeves on 2/23/2023. (Attachments: #1 Notice, Consent to Magistrate Judge)(ECO)cc: COR (Entered: 02/23/2023)
[-] Read LessDocket(#5) ORDER: that, on or before Friday, March 3, 2023, the defendants are directed to SHOW CAUSE why this matter should not be remanded to state court. Signed by Judge Danny C. Reeves on 2/23/2023.(ECO)cc: COR (Entered: 02/23/2023)
[-] Read LessDocket(#4) FRCP 7.1 DISCLOSURE STATEMENT by Michael Rice. (Conley, Shea) (Entered: 02/23/2023)
[-] Read LessDocket***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review: Answer to Complaint (part of State Court Record Exhibit B of Notice of Removal) (ECO) (Entered: 02/23/2023)
[-] Read LessDocketANSWER to Complaint by CRST Specialized Transportation, Inc., David L. Vandergriff. (Filed as part of State Court Record (Attachment 3-Exhibit B-State Court Answer). (ECO) (Entered: 02/23/2023)
[-] Read LessDocketConflict Check run. (ECO) (Entered: 02/23/2023)
[-] Read LessDocket(#3) FRCP 7.1 DISCLOSURE STATEMENT by CRST Specialized Transportation, Inc.. (ECO) (Entered: 02/23/2023)
[-] Read LessDocket(#1) NOTICE OF REMOVAL from Boone Circuit Court, case number 23-CI-00219. ( Filing fee $402; receipt number AKYEDC-5486359), filed by David L. Vandergriff, CRST Specialized Transportation, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-State Court Complaint, #3 Exhibit B-State Court Answer, #4 Exhibit C-Notice of Filing Notice of Removal)(ECO) (Entered: 02/23/2023)
[-] Read Less