Davis et al v. Hyundai Translead, et al
| Kentucky Eastern District Court | |
| Judge: | William O Bertelsman |
| Referred: | Candace J Smith |
| Case #: | 2:20-cv-00183 |
| Nature of Suit | 355 Torts - Personal Injury - Motor Vehicle Product Liability |
| Cause | 28:1332 Diversity-Petition for Removal |
| Case Filed: | Dec 22, 2020 |
| Terminated: | Jul 06, 2021 |
| Case in other court: | Boone Circuit Court, 20-CI-01291 |
| Last checked: Sunday Jun 20, 2021 5:27 AM EDT |
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Cross Claimant
P.A.M.Cartage Carriers LLC
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Represented By
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Cross Claimant
P.A.M. Transport, Inc.
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Represented By
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Cross Claimant
Early A. Andrews, Jr.
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Represented By
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Cross Claimant
Kentucky Farm Bureau Mutual Insurance Company
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Represented By
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Cross Defendant
P.A.M.Cartage Carriers LLC
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Represented By
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Cross Defendant
Early A. Andrews, Jr.
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Represented By
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Cross Defendant
Hyundai Translead
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Represented By
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Cross Defendant
P.A.M. Transport, Inc.
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Represented By
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Defendant
P.A.M. Transport, Inc.
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Represented By
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Defendant
P.A.M.Cartage Carriers LLC
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Represented By
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Defendant
Kentucky Farm Bureau Mutual Insurance Company
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Represented By
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Defendant
Hyundai Translead
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Represented By
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Defendant
Early A. Andrews, Jr.
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Represented By
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Executor plaintiff
Barry H. Davis
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Represented By
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Plaintiff
Betty T. Davis
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Represented By
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Plaintiff
Barry H. Davis
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Represented By
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| Docket last updated: 3 hours ago |
| Tuesday, July 06, 2021 | ||
| 30 | 30
4
pgs
order
Order Terminate Motions Term Case
Tue 07/06 3:24 PM
ORDER: (1) Plaintiffs' motion to remand to state court and to withdraw plaintiffs' previously filed Rule 41 motion25 be, and is hereby, GRANTED ; (2) Plaintiff's motion to dismiss17 be, and is hereby, WITHDRAWN ; and (3) This case be, and is hereby, REMANDED TO BOONE CIRCUIT COURT . Signed by Judge William O. Bertelsman on 7/6/2021.(ECO) |
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| Tuesday, March 23, 2021 | ||
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utility
Motion Submitted
Tue 03/23 9:37 AM
***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re25 MOTION to Remand by Barry H. Davis, Barry H. Davis, Betty T. Davis MOTION to Withdraw (ECO) |
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| Monday, March 22, 2021 | ||
| 29 | 29
respm
Reply to Response to Motion
Mon 03/22 10:12 AM
REPLY to Response to Motion re25 MOTION to Remand by Barry H. Davis, Barry H. Davis, Betty T. Davis MOTION to Withdraw filed by Barry H. Davis, Barry H. Davis, Betty T. Davis. (Turner, James) |
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| Wednesday, March 10, 2021 | ||
| 28 | 28
respm
Response in Opposition to Motion
Wed 03/10 3:57 PM
RESPONSE in Opposition re25 MOTION to Remand by Barry H. Davis, Barry H. Davis, Betty T. Davis MOTION to Withdraw filed by Early A. Andrews, Jr, P.A.M. Transport, Inc., P.A.M.Cartage Carriers LLC. (Murner, Daniel) |
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| Tuesday, March 09, 2021 | ||
| 27 | 27
respm
Response in Opposition to Motion
Tue 03/09 4:36 PM
RESPONSE in Opposition re25 MOTION to Remand by Barry H. Davis, Barry H. Davis, Betty T. Davis MOTION to Withdraw filed by Hyundai Translead. (Poltorak, Andrew) |
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| Friday, February 19, 2021 | ||
| 26 | 26
respm
Response to Motion
Fri 02/19 10:10 AM
RESPONSE to Motion re25 MOTION to Remand by Barry H. Davis, Barry H. Davis, Betty T. Davis MOTION to Withdraw filed by Kentucky Farm Bureau Mutual Insurance Company. (Gatlin, Jack) |
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| Wednesday, February 17, 2021 | ||
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utility
File Submitted
Wed 02/17 9:00 AM
***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review:24 Joint Status Report (ECO) |
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notice
Notice of Docket Modification
Wed 02/17 9:07 AM
NOTICE OF DOCKET MODIFICATION TO James Turner re25 MOTION to Remand and MOTION to Withdraw; Error: This motion requests 2 forms of relief and only oneform of relief was selected; Entry by attorney; Clerk added the motion reliefrequested. In the future, when filing a motion with multiple reliefs, select amotion relief for each relief requested, so all motions will appear on theJudge's motion report. No further action required by counsel. cc: COR (ECO) |
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| Tuesday, February 16, 2021 | ||
| 25 | 25
motion
Remand
Tue 02/16 11:21 AM
MOTION to Remand by Barry H. Davis, Barry H. Davis, Betty T. Davis(Turner, James) |
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Att: 1
Proposed Order
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| 24 | 24
misc
Status Report
Tue 02/16 11:20 AM
STATUS REPORT by Barry H. Davis, Barry H. Davis, Betty T. Davis. (Turner, James) |
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| Thursday, January 21, 2021 | ||
| 22 | 22
order
Order on Motion Appear Pro Hac Vice
Thu 01/21 5:02 PM
VIRTUAL ORDER: granting19 MOTION for Andrew Young to Appear Pro Hac Vice as co-counsel on behalf of Plaintiffs Barry H. Davis, as Administrator for the Estate of Allyson B. Davis, Barry H. Davis, and Betty T. Davis, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 1/21/2021. (TJZ) |
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| 21 | 21
order
Order on Motion Appear Pro Hac Vice
Thu 01/21 5:01 PM
VIRTUAL ORDER: granting20 MOTION for Don. J. Young to Appear Pro Hac Vice as co-counsel on behalf of Plaintiffs Barry H. Davis, as Administrator for the Estate of Allyson B. Davis, Barry H. Davis, and Betty T. Davis, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 1/21/2021. (TJZ) |
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| Wednesday, January 20, 2021 | ||
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misc
Bar Status Check
Wed 01/20 10:30 AM
BAR STATUS Check completed as to Andrew Ralph Young, Don John Young, III re20 MOTION for Don. J. Young to Appear Pro Hac Vice by Barry H. Davis, Barry H. Davis, Betty T. Davis ( Filing fee $125; receipt number 0643-4874640),19 MOTION for for Andrew Young to Appear Pro Hac Vice by Barry H. Davis, Barry H. Davis, Betty T. Davis ( Filing fee $125; receipt number 0643-4874631). (ECO) |
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utility
Motion Submitted
Wed 01/20 10:30 AM
***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re20 MOTION for Don. J. Young to Appear Pro Hac Vice by Barry H. Davis, Barry H. Davis, Betty T. Davis ( Filing fee $125; receipt number 0643-4874640),19 MOTION for for Andrew Young to Appear Pro Hac Vice by Barry H. Davis, Barry H. Davis, Betty T. Davis ( Filing fee $125; receipt number 0643-4874631) (ECO) |
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misc
Clerk's Note
Wed 01/20 10:55 AM
Clerk's Note: Clerk verified with counsel that page 4 of the20 MOTION for Don. J. Young to Appear Pro Hac Vice is indeed a blank page. (ECO) |
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| Tuesday, January 19, 2021 | ||
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motion
Appear Pro Hac Vice
Tue 01/19 11:56 AM
MOTION for Don. J. Young to Appear Pro Hac Vice by Barry H. Davis, Barry H. Davis, Betty T. Davis ( Filing fee $125; receipt number 0643-4874640)Motions referred to Candace J. Smith.(Turner, James) |
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Att: 1
Exhibit Cert. of Good Standing,
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Att: 2
Proposed Order
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| 19 | 19
motion
Appear Pro Hac Vice
Tue 01/19 11:55 AM
MOTION for for Andrew Young to Appear Pro Hac Vice by Barry H. Davis, Barry H. Davis, Betty T. Davis ( Filing fee $125; receipt number 0643-4874631)Motions referred to Candace J. Smith.(Turner, James) |
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Att: 1
Exhibit Cert. of Good Standing,
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Att: 2
Proposed Order
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| 18 | 18
1
pgs
order
Order ~Util - Set Hearings
Tue 01/19 8:54 AM
ORDER: TELEPHONE STATUS CONFERENCE set for 2/2/2021 at 03:00 PM in COVINGTON before Magistrate Judge Candace J. Smith. Counsel should connect 5 minutes before the conference is scheduled to begin. Signed by Magistrate Judge Candace J. Smith on 1/19/2021.(TJZ) |
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| Tuesday, January 12, 2021 | ||
| 17 | 17
motion
Dismiss
Tue 01/12 1:27 PM
MOTION to Dismiss by Barry H. Davis, Barry H. Davis, Betty T. Davis as to Defendant Kentucky Farm Bureau Mutual Insurance Company(Turner, James) |
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Att: 1
Proposed Order
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| 16 | 16
notice
Notice of Change of Address
Tue 01/12 1:20 PM
NOTICE of Change of Address by James Ryan Turner (Turner, James) |
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| Thursday, January 07, 2021 | ||
| 15 | 15
answer
Answer to Crossclaim
Thu 01/07 3:23 PM
ANSWER to Answer to Complaint,, Crossclaim, of Kentucky Farm Bureau Mutual Insurance Company by Hyundai Translead.(Poltorak, Andrew) |
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| 14 | 14
answer
Answer to Crossclaim
Thu 01/07 3:21 PM
ANSWER to Answer to Complaint, Crossclaim by P.A.M. Cartage Carriers, LLC, P.A.M. Transport, Inc and Early A. Andrews, Jr. by Hyundai Translead.(Poltorak, Andrew) |
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| 13 | 13
misc
Disclosure Statement pursuant to FRCP 7.1
Thu 01/07 3:06 PM
FRCP 7.1 DISCLOSURE STATEMENT by Hyundai Translead. (Poltorak, Andrew) |
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| 12 | 12
notice
Notice of Deficiency re: Rule 7.1 Disclosures
Thu 01/07 1:33 PM
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Andrew Poltorak.5 Answer to Complaint (Notice of Removal),1 Notice of Removal, has been filed by Hyundai Translead without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO) |
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| Wednesday, January 06, 2021 | ||
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misc
Clerk's Note
Wed 01/06 9:52 AM
Clerk's Note re11 Notice: Case record updated to reflect counsel's correct name as admitted in EDKY, Jordan Ann Turner. Counsel advised to use name as listed in admission records on future pleadings to avoid confusion. (STC) |
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| Tuesday, January 05, 2021 | ||
| 11 | 11
notice
Other Notice
Tue 01/05 12:31 PM
NOTICE by Barry H. Davis, Barry H. Davis, Betty T. Davis of Attorney Jordan Dallas Turner (Turner, James) |
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| Monday, January 04, 2021 | ||
| 10 | 10
discov
Disclosures
Mon 01/04 3:23 PM
FIRST DISCLOSURES Rule 7.1 by Kentucky Farm Bureau Mutual Insurance Company.(Gatlin, Jack) |
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| 9 | 9
answer
Answer to Crossclaim
Mon 01/04 7:39 AM
ANSWER to Answer to Complaint,, Crossclaim, of Kentucky Farm Bureau by Early A. Andrews, Jr, P.A.M. Transport, Inc., P.A.M.Cartage Carriers LLC.(Murner, Daniel) |
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utility
File Submitted
Mon 01/04 10:02 AM
***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review:9 Answer to Crossclaim (SLG) |
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| Wednesday, December 30, 2020 | ||
| 8 | 8
misc
Disclosure Statement pursuant to FRCP 7.1
Wed 12/30 3:46 PM
FRCP 7.1 DISCLOSURE STATEMENT by P.A.M. Transport, Inc., P.A.M.Cartage Carriers LLC. (Murner, Daniel) |
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| 7 | 7
notice
Notice of Deficiency re: Rule 7.1 Disclosures
Wed 12/30 1:56 PM
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Charles Benson/Jack Gatlin. Answer to Complaint,, Crossclaim, has been filed by Kentucky Farm Bureau Mutual Insurance Company without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO) |
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| 6 | 6
notice
Notice of Deficiency re: Rule 7.1 Disclosures
Wed 12/30 1:54 PM
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Daniel Murner/Elizabeth Winchell. Answer to Complaint, Crossclaim has been filed by P.A.M. Cartage Carriers LLC and P.A.M. Transport, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO) |
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utility
File Submitted
Wed 12/30 8:46 AM
***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: Answer to Complaint, Crossclaim,5 Answer to Complaint (Notice of Removal), Answer to Complaint,, Crossclaim, (ECO) |
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| Tuesday, December 29, 2020 | ||
| 5 | 5
respoth
Answer to Complaint (Notice of Removal)
Tue 12/29 3:49 PM
ANSWER to Complaint (Notice of Removal) by Hyundai Translead. (Poltorak, Andrew) |
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| Monday, December 28, 2020 | ||
| 4 | 4
notice
Attorney Notice
Mon 12/28 1:49 PM
NOTICE TO ATTORNEY Jordan Dallas Turner by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application(ECO) |
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Att: 1
Atty Data Sheet - No record found
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| Tuesday, December 22, 2020 | ||
| 3 | 3
2
pgs
order
Order ~Util - Case Referred to Magistrate Judge
Tue 12/22 12:57 PM
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) |
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| 1 | 1
cmp
Notice of Removal
Tue 12/22 12:50 PM
NOTICE OF REMOVAL from Boone Circuit Court, case number 20-CI-01291. ( Filing fee $402; receipt number 0643-4857665), filed by Hyundai Translead.(ECO) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Supplemental Civil Cover Sheet,
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Att: 3
38 pgs
Exhibit A-State Court Complaint,
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Att: 4
Exhibit B-Answer and Cross Claim KFB,
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Att: 5
Exhibit C-Answer and Cross Claim PAM,
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Att: 6
Exhibit D-Notice of Substitution of Counsel,
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Att: 7
Exhibit E-Notice of Service of Discoveroy
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misc
Conflict Check
Tue 12/22 12:53 PM
Conflict Check run. (ECO) |
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| ANSWER to Complaint and CROSSCLAIM against Early A. Andrews, P.A.M. Transport, Inc., P.A.M.Cartage Carriers LLC, Hyundai Translead by Kentucky Farm Bureau Mutual Insurance Company. ( Filed as part of State Court Record DE # 1 , Exhibit B ). (ECO) Modified on 12/22/2020 (ECO). | ||
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answer
Answer to Complaint Crossclaim
Tue 12/22 2:17 PM
ANSWER to Complaint and CROSSCLAIM against Hyundai Translead by Early A. Andrews, P.A.M. Transport, Inc., P.A.M.Cartage Carriers LLC. ( Filed as part of State Court Record DE 1 Exhibit C). (ECO) |
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answer
Answer to Complaint Crossclaim
Tue 12/22 2:12 PM
ANSWER to Complaint and CROSSCLAIM against Early A. Andrews, P.A.M. Transport, Inc., P.A.M.Cartage Carriers LLC, Hyundai Translead by Kentucky Farm Bureau Mutual Insurance Company. ( Filed as part of State Court Record DE # 1 , Exhibit B ). (ECO) Modified on 12/22/2020 (ECO) |
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