Phelps v. Toyotetsu North America

Kentucky Eastern District Court
Judge:Claria Horn Boom
Referred: Hanly A Ingram
Case #: 6:22-cv-00106
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1441 Petition for Removal- Personal Injury
Case Filed:May 13, 2022
Re-opened:Dec 01, 2022
Terminated:Oct 25, 2023
Case in other court:Pulaski Circuit Court, 22-CI-00328
Last checked: Wednesday Nov 09, 2022 3:32 AM EST
Defendant
Toyotetsu North America
Represented By
Judd R. Uhl
Lewis Brisbois Bisgaard & Smith, Llp - Cincinnati
contact info
Russell Morgan Salisbury
Lewis Brisbois Bisgaard & Smith, Llp - Cincinnati
contact info
Plaintiff
Jonathan Phelps
Represented By
Joseph B. Venters
Venters Law Office
contact info
Terence R. Coates
Markovits, Stock & Demarco, LLC
contact info


Docket last updated: 7 hours ago
Wednesday, October 25, 2023
48 48 order Judgment Wed 10/25 4:31 PM
JUDGMENT: It is ORDERED and ADJUDGED as follows: (1) This action is DISMISSED with prejudice and STRICKEN from the Court's docket. (2) This is a FINAL and APPEALABLE Judgment, and there is no just cause for delay.(3) The Clerk of Court shall close this case. Signed by Judge Claria Horn Boom on 10/25/2023.(KJA)
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47 47 20 pgs order Order Terminate Motions Wed 10/25 4:27 PM
ORDER GRANTING UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, ATTORNEYS FEES, EXPENSES, AND CLASS REPRESENTATIVE SERVICE AWARD: re [41,42 . See Order for complete details. Signed by Judge Claria Horn Boom on 10/25/2023.(KJA)
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Tuesday, October 24, 2023
46 46 minutes Docket Call Tue 10/24 2:23 PM
MINUTE ENTRY ORDER FOR FAIRNESS HEARING held on 10/24/2023 before Judge Claria Horn Boom: This matter was called for a Final Fairness Hearing to discuss Plaintiff's Motion for Attorney's Fees, Expenses and Class Representative Service Award [R.40 ] and Unopposed Motion for Final Approval of Class Action Settlement [R.42 ]. Counsel discussed class certification; whether the parties' proposed settlement is fair, reasonable, and adequate; the adequacy of notice to class members; and the reasonableness of requested attorneys fees, expenses, and a class representative fee. It is hereby ORDERED that this matter is TAKEN UNDER ADVISEMENT. A separate Order setting out the findings of the Court shall be filed in the record after counsel has provided the Court a revised proposed order by close of business, October 25, 2023. (Court Reporter Kathleen Sebastian.) Signed by Claria Horn Boom. (KJA)
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Thursday, October 19, 2023
45 45 notice Notice of Appearance Thu 10/19 3:37 PM
NOTICE of Appearance by Christopher H. Wood on behalf of Toyotetsu North America (Wood, Christopher)
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Wednesday, October 18, 2023
44 44 1 pgs order Order on Motion Appear Pro Hac Vice Wed 10/18 12:41 PM
ORDER: The Court HEREBY GRANTS D.E.43 Motion to Appear Pro Hac Vice for Christopher H. Wood. Signed by Magistrate Judge Hanly A. Ingram on 10/18/2023. (KJA)
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notice Notice for Attorney to Request E-Filing Privileges Wed 10/18 12:42 PM
NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Christopher H. Wood: re44 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Christopher H. Wood (KJA)
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Tuesday, October 17, 2023
43 43 motion Appear Pro Hac Vice Tue 10/17 2:20 PM
MOTION for Christopher H. Wood to Appear Pro Hac Vice by Toyotetsu North America ( Filing fee $125; receipt number AKYEDC-5675232)Motions referred to Hanly A. Ingram.(Salisbury, Russell)
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Att: 1 Exhibit Exhibit A - Certificates of Good Standing,
Att: 2 Proposed Order Proposed Order
misc Bar Status Check Wed 10/18 12:39 PM
BAR STATUS Check completed as to Christopher H. Wood re43 MOTION for Christopher H. Wood to Appear Pro Hac Vice by Toyotetsu North America ( Filing fee $125; receipt number AKYEDC-5675232). (KJA)
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Wednesday, October 11, 2023
utility Motion Submitted Wed 10/11 10:14 AM
***MOTION SUBMITTED TO CHAMBERS of Judge Boom for review: re42 UNOPPOSED MOTION for Settlement by Jonathan Phelps for Final Approval of Class Action Settlement (JCP)
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Tuesday, October 10, 2023
42 42 motion Settlement Tue 10/10 8:34 PM
UNOPPOSED MOTION for Settlement by Jonathan Phelps for Final Approval of Class Action Settlement Motions referred to Hanly A. Ingram.(Gould, Dylan)
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Att: 1 Exhibit [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, ATTORNEYS FEES, EXPENSES, AND CLASS REPRESENTATIVE SERVICE AWARD,
Att: 2 Exhibit DECLARATION OF DYLAN J. GOULD IN SUPPORT OF PLAINTIFFS UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT,
Att: 3 Exhibit DECLARATION OF BRYN BRIDLEY ON NOTICE DISSEMINATION AND SETTLEMENT ADMINISTRATION
Tuesday, September 26, 2023
utility Motion Submitted Tue 09/26 4:32 PM
***MOTION SUBMITTED TO CHAMBERS of Claria Horn Boom for review: re40 UNOPPOSED MOTION for Attorney Fees by Jonathan Phelps and Class Representative Service Award (KJA)
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Tuesday, July 18, 2023
41 41 notice Notice of Filing Tue 07/18 2:39 PM
NOTICE OF FILING by Jonathan Phelps re40 UNOPPOSED MOTION for Attorney Fees by Jonathan Phelps and Class Representative Service Award of Proposed Order Granting Plaintiff's Motion for Attorneys' Fees, Expenses, and Class Representative Service Award(Coates, Terence)
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Att: 1 Proposed Order
Monday, July 10, 2023
40 40 motion Attorney Fees Mon 07/10 5:31 PM
UNOPPOSED MOTION for Attorney Fees by Jonathan Phelps and Class Representative Service Award Motions referred to Hanly A. Ingram.(Coates, Terence)
Related: [-]
Att: 1 Memorandum in Support,
Att: 2 Exhibit Declaration of Terence R. Coates in Support of Plaintiff's Motion for Attorneys' Fees, Expenses, and Class Representative Service Award,
Att: 3 Exhibit Declaration of Jonathan Phelps in Support of Plaintiff's Motion for Attorneys' Fees, Expenses, and Class Representative Service Award and Final Approval of Class Action Settlement
notice Notice of Deficiency Tue 07/11 10:05 AM
NOTICE OF DEFICIENCY TO Terence Coates re40 UNOPPOSED MOTION for Attorney Fees by Jonathan Phelps and Class Representative Service Award ; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days , prepare a docuemnt entitled "Notice of Filing," file the Notice using the "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (KJA)
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Tuesday, April 25, 2023
39 39 24 pgs order Order Terminate Motions ~Util - Set Hearings Staying Case ~Util - Set/Clear Flags Tue 04/25 3:59 PM
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT re37 UNOPPOSED MOTION for Settlement by Jonathan Phelps for Preliminary Approval of Class Action Settlement filed by Jonathan Phelps: 1. Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement is GRANTED. The parties' Settlement Agreement is PRELIMINARILY APPROVED. 2. The Settlement Class defined in the Parties' Settlement Agreement is CONDITIONALLY CERTIFIED for settlement purposes only. 3. Plaintiff Jonathan Phelps is APPOINTED as class representative. The Service Payment to Plaintiff Jonathan Phelps of $5,000 is PRELIMINARILY APPROVED. 4. Terence R. Coates, Jonathan T. Deters, and Dylan J. Gould of the law firm Markovits, Stock & DeMarco, LLC and Joseph B. Venters of Venters Law Office are APPOINTED as Class Counsel for the Rule 23 Class. 5. Atticus Administration is APPOINTED as Settlement Administration to administer the settlement in accordance with the Settlement Agreement. 6. The proposed Notice Materials are APPROVED. Notice to class members shall proceed as set forth in the parties' settlement agreement. The proposed implementation of the Settlement Website is further APPROVED. 7. A FAIRNESS HEARING is SET for 10/24/2023 at 10:00 AM in LONDON before Judge Claria Horn Boom to determine, among other things: a-f. Class Counsels' application for attorney's fees shall be filed with the Court NLT 76 days from entry of this Order. 8. The Fairness Hearing may be postponed, adjourned, transferred, or continued by order of the Court w/o further notice to the Settlement Class except to those Class Members who timely file objections to the Settlement. 9. All proceedings in this Action are stayed, other than proceedings related to the approval of the class action settlement. 10. Any Class Member who timely and properly elects to exclude themselves from this Settlement may proceed with his or her own action. All requests to opt out or object to the proposed Settlement must be received from the Settlement Administrator NLT 60 days after the Notice date. 11. For a claim to be timely under the Settlement, a Claim Form must be either postmarked or received by the Settlement Administrator NLT 90 days after the Notice Date. 12. Class Members may submit an objection to the proposed Settlement under Federal Rule of Civil Procedure 23(e)(5). For an objection to be valid, it must be filed w/the Court w/in 60 days of the Notice Date and must include each and all of the following: i-v. 13. This Order shall become null and void and shall be w/o prejudice to the rights of the parties, all of whom shall be restored to their respective positions existing immediately before this Court entered this Order, if: a-c. 14. This Order shall be of no force or effect if the settlement does not become final and shall not be construed or used as an admission, concession, or declaration by or against Defendant of any fault, wrongdoing, breach, or liability. Nor shall this Order be construed or used as an admission, concession, or declaration by or against Plaintiff or the other Class Members that their claims lack merit or that the relief requested is inappropriate, improper, or unavailable, or as a waiver by any party of any defenses or claims he, she, or it may have in this Action or in any other lawsuit. 15. This Court shall maintain continuing jurisdiction over these settlement proceedings to assure the effectuation thereof for the benefit of the Class. 16. All other deadlines set forth in the Parties' proposed schedule [R.37 -1], pp. 4-5] shall apply. Signed by Judge Claria Horn Boom on 4/25/2023.(APR)
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Wednesday, January 25, 2023
38 38 notice Notice of Filing Wed 01/25 1:48 PM
NOTICE OF FILING by Jonathan Phelps re37 UNOPPOSED MOTION for Settlement by Jonathan Phelps for Preliminary Approval of Class Action Settlement Refiling of Doc 37-7(Coates, Terence)
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Att: 1 Exhibit Atticus Declaration
Tuesday, January 24, 2023
utility Motion Submitted Tue 01/24 9:06 AM
***MOTION SUBMITTED TO CHAMBERS of Claria Horn Boom for review: re37 UNOPPOSED MOTION for Settlement by Jonathan Phelps for Preliminary Approval of Class Action Settlement (KJA)
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Monday, January 23, 2023
notice Notice of Correction Deleting a Document from the Record Mon 01/23 10:15 AM
NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: Order for Meeting and Report 37. The deleted document was entered on 01/20/2023. Document deleted because Order filed in wrong case. *ms* cc: COR (JCP)
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Friday, January 20, 2023
38 38 motion Settlement Fri 01/20 6:17 PM
UNOPPOSED MOTION for Settlement by Jonathan Phelps for Preliminary Approval of Class Action Settlement Motions referred to Hanly A. Ingram.(Coates, Terence)
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Att: 1 Proposed Order for Preliminary Approval of Class Action Settlement,
Att: 2 Exhibit Settlement Agreement,
Att: 3 Exhibit Short Form Notice,
Att: 4 Exhibit Claim Form,
Att: 5 Exhibit Long Form Notice,
Att: 6 Exhibit Coates Affidavit,
Att: 7 Exhibit Atticus Declaration
37 37 2 pgs order Order For Meeting and Report ~Util - Set Deadlines Fri 01/20 3:19 PM
ORDER FOR MEETING AND REPORT: 1.) WITHIN 21 DAYS, parties shall meet to consider topics Rule 26(f)(2) mandates. 2.) WITHIN 14 DAYS of meeting, parties shall file a joint status report containing: see items a-f. Signed by Magistrate Judge Hanly A. Ingram on 01/20/2023.(JCP)
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Att: 1 Blank Consent Form
36 36 1 pgs order Order on Motion Appear Pro Hac Vice Fri 01/20 1:32 PM
ORDER: Court HEREBY GRANTS Plaintiffs motion (D.E.35 ). Jonathan T. Deters admitted to appear pro hac vice. Signed by Magistrate Judge Hanly A. Ingram on 01/20/2023. (JCP)
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notice Notice for Attorney to Request E-Filing Privileges Fri 01/20 2:53 PM
NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Jonathan T. Deters: re36 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Jonathan T. Deters (JCP)
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Thursday, January 19, 2023
35 35 motion Appear Pro Hac Vice Thu 01/19 10:11 AM
MOTION for Jonathan T. Deters to Appear Pro Hac Vice by Jonathan Phelps ( Filing fee $125; receipt number AKYEDC-5457366)Motions referred to Hanly A. Ingram.(Coates, Terence)
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Att: 1 Exhibit Certificate of Good Standing from Supreme Court of Ohio,
Att: 2 Proposed Order Granting Application for Admission Pro Hac Vice
utility Add and Terminate Attorneys Fri 01/20 1:49 PM
Attorney Update. Attorney Jonathan T Deters for Jonathan Phelps added per DE35 . (JCP)
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Friday, December 16, 2022
34 34 1 pgs order Order on Motion Appear Pro Hac Vice Fri 12/16 11:34 AM
ORDER re33 Motion to Appear Pro Hac Vice for Dylan J. Gould: Plaintiff Jonathan Phelps has moved to admit Dylan J. Gould to appear pro hac vice.D.E. 33. Having determined that these filings meet the requirements in Joint Local Civil Rule83.2, the Court HEREBY GRANTS Plaintiff's motion (D.E. 33).. Signed by Magistrate Judge Hanly A. Ingram on 12/16/2022. (MM)
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notice Notice for Attorney to Request E-Filing Privileges Fri 12/16 11:39 AM
NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Dylan J. Gould: re33 MOTION for Dylan J. Gould to Appear Pro Hac Vice by Jonathan Phelps ( Filing fee $125; receipt number AKYEDC-5433655). A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Dylan J. Gould (MM)
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Thursday, December 15, 2022
utility Motion Submitted Thu 12/15 2:26 PM
***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re33 MOTION for Dylan J. Gould to Appear Pro Hac Vice by Jonathan Phelps ( Filing fee $125; receipt number AKYEDC-5433655) (KJA)
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Wednesday, December 14, 2022
33 33 motion Appear Pro Hac Vice Wed 12/14 3:37 PM
MOTION for Dylan J. Gould to Appear Pro Hac Vice by Jonathan Phelps ( Filing fee $125; receipt number AKYEDC-5433655)Motions referred to Hanly A. Ingram.(Coates, Terence)
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Att: 1 Proposed Order Granting Motion for Admission to Appear Pro Hac Vice
misc Bar Status Check Thu 12/15 10:32 AM
BAR STATUS Check completed as to Dylan J. Gould re33 MOTION for Dylan J. Gould to Appear Pro Hac Vice by Jonathan Phelps ( Filing fee $125; receipt number AKYEDC-5433655). (KJA)
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Thursday, December 01, 2022
32 32 1 pgs order Order Reopening Case Terminate Motions Thu 12/01 5:04 PM
ORDER GRANTING JOINT MOTION31 JOINT MOTION to Reopen Case: 1. The Joint Motion to Redocket Action for the Purposes of a Class Action Settlement [R.31] is GRANTED; 2. The Clerk is DIRECTED to reopen this action for the purposes outlined in the motion; 3. All previous or preexisting case deadlines are superseded by this Order; and 4. Plaintiff shall file a motion for preliminary approval of the class action settlement no later than January 20, 2023. All case deadlines thereafter will be included in the Court'spreliminary approval order. Signed by Judge Claria Horn Boom on 12/1/2022.(MM)
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Monday, November 28, 2022
utility Motion Submitted Mon 11/28 1:14 PM
***MOTION SUBMITTED TO CHAMBERS of Claria Horn Boom for review: re31 JOINT MOTION to Reopen Case by Jonathan Phelps (KJA)
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Friday, November 25, 2022
31 31 motion Reopen Case Fri 11/25 2:26 PM
JOINT MOTION to Reopen Case by Jonathan Phelps Motions referred to Hanly A. Ingram.(Coates, Terence)
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Att: 1 Proposed Order
Wednesday, October 12, 2022
30 30 1 pgs order Order Dismissing Case Wed 10/12 3:11 PM
ORDER OF DISMISSAL WITHOUT PREJUDICE: 1. This action is DISMISSED WITHOUT PREJUDICE and STRICKEN from the ACTIVE DOCKET. 2. The parties SHALL tender a stipulation of dismissal, signed by all parties who have appeared and dismissing this case with prejudice, within forty-five (45) days from the date of entry of this Order. If the settlement is not consummated and the stipulation of dismissal is not filed within forty-five (45) days, the Court will entertain a motion to redocket this action upon application to this Court.3. Defendant's Motion to Dismiss [R.22 ] and the parties' Joint Notice of Settlement and Motion for Stay of Case Deadlines and Date for Filing Motion for Preliminary Approval [R.28 ] are DENIED as moot. Signed by Judge Claria Horn Boom on 10/12/2022.(KJA)
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Monday, October 10, 2022
29 29 notice Notice of Settlement Tue 10/11 3:35 PM
JOINT NOTICE of Settlement by Jonathan Phelps, Toyotetsu North America (KJA)
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28 28 motion Stay Mon 10/10 1:59 PM
JOINT MOTION to Stay by Jonathan Phelps and Notice of Settlement Motions referred to Hanly A. Ingram.(Coates, Terence)
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Att: 1 Proposed Order
notice Notice of Docket Modification Tue 10/11 3:41 PM
NOTICE OF DOCKET MODIFICATION TO Terence Coates re28 JOINT MOTION to Stay by Jonathan Phelps and Notice of Settlement , Error: This is a motion AND a notice. The document was filed only as a motion when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a Notice of Settlement29 . In the future, when filing multiple documents within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further steps required by counsel. cc: COR (KJA)
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Monday, October 03, 2022
27 27 1 pgs order Order on Motion for Extension of Time Mon 10/03 12:23 PM
ORDER GRANTING UNOPPOSED MOTION FOR EXTENTSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT: This matter is before the Court on Unopposed Motion of Defendant Toyotetsu America, Inc's Motion for Extension of Time to Respond to Plaintiff's First Amended Complaint until and through October 10, 2022. The Court being sufficiently advised, the Motion is GRANTED. Signed by Magistrate Judge Hanly A. Ingram on 10/3/2022. (APR)
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utility Motion Submitted Mon 10/03 10:00 AM
***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re26 UNOPPOSED MOTION for Extension of Time by Toyotetsu North America To Answer First Amended Complaint (KJA)
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Friday, September 30, 2022
26 26 motion Extension of Time Fri 09/30 1:33 PM
UNOPPOSED MOTION for Extension of Time by Toyotetsu North America To Answer First Amended Complaint Motions referred to Hanly A. Ingram.(Salisbury, Russell)
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Att: 1 Proposed Order Proposed Order
Friday, September 16, 2022
25 25 cmp Amended Complaint Fri 09/16 2:54 PM
AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT against Toyotetsu North America, filed by Jonathan Phelps.(Coates, Terence)
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Monday, August 29, 2022
24 24 1 pgs order Order Mon 08/29 4:34 PM
ORDER: The Courts Show-Cause Order (D.E. 21) is DISCHARGED AS SATISFIED. Signed by Magistrate Judge Hanly A. Ingram on 8/29/2022.(JMB)
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notice Notice of Docket Modification Mon 08/29 4:41 PM
NOTICE OF DOCKET MODIFICATION TO Russell Salisbury re22 MOTION to Dismiss for failure to state a claim by Toyotetsu North America; Error: Error: attachments were insufficiently described as "Exhibit A," "Exhibit B." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (KJA)
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Friday, August 26, 2022
23 23 respoth Response to Order to Show Cause Fri 08/26 3:44 PM
RESPONSE TO ORDER TO SHOW CAUSE by Jonathan Phelps21 (Joint Response) filed by Jonathan Phelps. (Coates, Terence)
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22 22 motion Dismiss for Failure to State a Claim Fri 08/26 3:35 PM
MOTION to Dismiss for failure to state a claim by Toyotetsu North America Motions referred to Hanly A. Ingram.(Salisbury, Russell)
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Att: 1 Exhibit Exhibit 1,
Att: 2 Proposed Order Proposed Order
Tuesday, August 23, 2022
21 21 1 pgs order Order to Show Cause Tue 08/23 3:36 PM
ORDER: On July 21, 2022, the Court ordered the parties to file a status repo rt if no motion to dismiss was filed within thirty days. D.E.16 . Neither a motion to dismiss nor a timely report has been filed. IT IS HEREBY ORDERED THAT, on or before Friday, August 26, 2022, the parties SHALL SHOW CAUSE for their failure to file a timely status report by making an appropriate filing in the record. Signed by Magistrate Judge Hanly A. Ingram on 08/23/2022.(KJA)
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Tuesday, July 26, 2022
20 20 1 pgs order Order on Motion for Agreed Order Tue 07/26 11:16 AM
AGREED ORDER: Plaintiff Jonathan Phelps, individually and on behalf of all others similarly situated, together with Defendant Toyotetsu North America, through counsel, do each stipulate and agree that Defendant Toyotetsu North America may have up to and including August 26, 2022 within which to file a response to Plaintiff';s Complaint. Signed by Magistrate Judge Hanly A. Ingram on 7/26/22. (MRS)
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utility Motion Submitted Tue 07/26 10:12 AM
***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re19 Proposed Agreed Order by Toyotetsu North America (MRS)
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Monday, July 25, 2022
19 19 motion Proposed Agreed Order Mon 07/25 1:31 PM
Proposed Agreed Order by Toyotetsu North America. (Salisbury, Russell)
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18 18 1 pgs order Order on Motion for Agreed Order Mon 07/25 11:18 AM
ORDER re17 Proposed Agreed Order:The parties have filed a proposed agreed order to extend Defendants' deadline to respond to the Complaint. D.E. 17. The Court has granted multiple previous extensions (D.E. 9, 12), and the current proposed order does not include any description of why an additional extension is sought. Accordingly, IT IS HEREBY ORDERED THAT the proposed order (D.E. 17) is DENIED without prejudice. Signed by Magistrate Judge Hanly A. Ingram on 7/25/2022. (MM)
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utility Motion Submitted Mon 07/25 9:45 AM
***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re17 Proposed Agreed Order that Defendant Toyotetsu North America may have up to and including August 26, 2022 to file a response to Plaintiff's Complaint by Toyotetsu North America (KJA)
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Friday, July 22, 2022
17 17 motion Proposed Agreed Order Fri 07/22 9:50 AM
Proposed Agreed Order by Toyotetsu North America. (Salisbury, Russell)
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Thursday, July 21, 2022
16 16 2 pgs order Order Thu 07/21 4:19 PM
ORDER: (1) The parties SHALL exchange initial Rule 26(a)(1) disclosures by August 9, 2022. The parties shall timely exchange supplemental information as required by Rule 26(e). These disclosures need not be filed in the Court record. Supplementation is due within 30 days of discovery of new information or the need to supplement. But supplementation shall occur no later than 30 days prior to the discovery deadline to be set by future order. (2) Other than Rule 26(a) (1) disclosures, discovery SHALL NOT be commenced. (3) The parties SHALL FILE either (a) a status report if no motion to dismiss is filed within thirty days of entry of this Order or (b) a motion for entry of a scheduling order within fourteen days of the disposition of the anticipated motion to dismiss, in the event the case is not dismissed. Signed by Magistrate Judge Hanly A. Ingram on 07/21/2022.(KJA)
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Tuesday, July 12, 2022
15 15 1 pgs order Order on Motion Appear Pro Hac Vice Tue 07/12 3:19 PM
ORDER: Plaintiff Jonathan Phelps has moved to admit Terence R. Coates to appear pro hac vice. D.E.14 . Having determined that these filings meet the requirements in Joint Local Civil Rule 83.2, the Court HEREBY GRANTS Plaintiff's motion (D.E.14 ). Signed by Magistrate Judge Hanly A. Ingram on 07/12/2022. (KJA)
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utility Motion Submitted Tue 07/12 11:22 AM
***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re14 FIRST MOTION for Terence Richard Coates to Appear Pro Hac Vice by Jonathan Phelps ( Filing fee $125; receipt number AKYEDC-5308906) (KJA)
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utility File Submitted Tue 07/12 11:29 AM
***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review:13 JOINT Status Report (KJA)
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notice Notice for Attorney to Request E-Filing Privileges Tue 07/12 3:21 PM
NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Terence R. Coates: re14 FIRST MOTION for Terence Richard Coates to Appear Pro Hac Vice by Jonathan Phelps ( Filing fee $125; receipt number AKYEDC-5308906). A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Terence R. Coates (KJA)
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Monday, July 11, 2022
14 14 motion Appear Pro Hac Vice Mon 07/11 5:27 PM
FIRST MOTION for Terence Richard Coates to Appear Pro Hac Vice by Jonathan Phelps ( Filing fee $125; receipt number AKYEDC-5308906)Motions referred to Hanly A. Ingram.(Venters, Joseph)
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Att: 1 Proposed Order,
Att: 2 Attachment Certificate of Good Standing
13 13 misc Status Report Mon 07/11 3:23 PM
JOINT STATUS REPORT of the Parties by Toyotetsu North America. (Salisbury, Russell)
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misc Bar Status Check Tue 07/12 10:52 AM
BAR STATUS Check completed as to Terence R. Coates re13 Status Report. (KJA)
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Tuesday, June 28, 2022
12 12 1 pgs order Order on Motion for Agreed Order Tue 06/28 3:19 PM
ORDER: Plaintiff Jonathan Phelps, individually and on behalf of all others similarly situated, together with Defendant Toyotetsu North America, through counsel, do each stipulate and agree that Defendant Toyotetsu North America may have up to and including July 28, 2022 within which to file a response to Plaintiff's Complaint. re11 Proposed Agreed Order. Signed by Magistrate Judge Hanly A. Ingram on 06/28/2022. (KJA)
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utility File Submitted Tue 06/28 11:10 AM
***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review:11 Proposed Agreed Order by Toyotetsu North America (KJA)
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Monday, June 27, 2022
11 11 motion Proposed Agreed Order Mon 06/27 1:30 PM
Proposed Agreed Order by Toyotetsu North America. (Salisbury, Russell)
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Monday, June 06, 2022
10 10 2 pgs order Order For Meeting and Report Mon 06/06 2:27 PM
ORDER FOR MEETING AND REPORT: 1. W/I 21 days parties meet. 2. W/I 14 days of meeting file report containing a-e. Signed by Magistrate Judge Hanly A. Ingram on 6/6/22.(SYD)
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Att: 1 Consent Form
Thursday, May 26, 2022
9 9 1 pgs order Order on Motion for Agreed Order Thu 05/26 4:58 PM
AGREED ORDER re8 Proposed Agreed Order: Plaintiff Jonathan Phelps, individually and on behalf of all others similarly situated, together with Defendant Toyotetsu North America, through counsel, do each stipulate and agreethat Defendant Toyotetsu North America may have up to and including June 28, 2022 within which to file a response to Plaintiff's Complaint. Signed by Magistrate Judge Hanly A. Ingram on 5/26/2022. (MM)
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utility Motion Submitted Thu 05/26 9:32 AM
***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re8 Proposed Agreed Order RE Extension of Time to Answer by Toyotetsu North America (KJA)
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Wednesday, May 25, 2022
8 8 motion Proposed Agreed Order Wed 05/25 2:42 PM
Proposed Agreed Order RE Extension of Time to Answer by Toyotetsu North America. (Salisbury, Russell)
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Monday, May 16, 2022
7 7 respoth Notice of Appearance Mon 05/16 11:08 AM
NOTICE OF APPEARANCE by Toyotetsu North America. (Uhl, Judd)
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6 6 respoth Notice of Appearance Mon 05/16 11:05 AM
NOTICE OF APPEARANCE by Toyotetsu North America. (Salisbury, Russell)
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5 5 misc Disclosure Statement pursuant to FRCP 7.1 Mon 05/16 11:05 AM
FRCP 7.1 DISCLOSURE STATEMENT by Toyotetsu North America. (Salisbury, Russell)
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notice Notice for Attorney to Update Address Mon 05/16 1:09 PM
NOTICE FOR ATTORNEY TO UPDATE ADDRESS to R. Morgan Salisbury: It appears the address listed on your filing6 NOTICE OF APPEARANCE is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (KJA)
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notice Notice for Attorney to Update Address Mon 05/16 1:09 PM
NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Judd R. Uhl: It appears the address listed on your filing7 NOTICE OF APPEARANCE is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (KJA)
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Friday, May 13, 2022
4 4 order REW Standing Case Management and Referral Order Fri 05/13 4:15 PM
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Claria Horn Boom on 10/4/21.(JLC)
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3 3 notice Notice of Deficiency re: Rule 7.1 Disclosures Fri 05/13 4:13 PM
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Judd R. Uhl, R. Morgan Salisbury.1 Notice of Removal, has been filed by Toyotetsu North America 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 (JLC)
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1 1 cmp Notice of Removal Fri 05/13 4:08 PM
NOTICE OF REMOVAL from Pulaski Circuit Court, case number 22-CI-00328. ( Filing fee $402; receipt number AKYEDC-5266112), filed by Toyotetsu North America.(JLC)
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Att: 1 Civil Cover Sheet,
Att: 2 State Court Docket Sheet,
Att: 3 77 pgs State Court Record
misc Conflict Check Fri 05/13 4:09 PM
Conflict Check run. (JLC)
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