Hicks v. Ferguson Enterprises, LLC

Kentucky Eastern District Court
Judge:	Karen K Caldwell
Referred:	Edward B Atkins
Case #:	7:24-cv-00037
Nature of Suit	360 Torts - Personal Injury - Other Personal Injury
Cause	28:1441 Petition for Removal- Personal Injury

Case Filed:	May 23, 2024
Case in other court:	Floyd Circuit Court, 23-CI-456

Docket
Parties (2)

Last checked: Tuesday Nov 19, 2024 3:24 AM EST

Defendant Ferguson Enterprises, LLC	Represented By Courtney C. Williams Gordon Rees Scully Mansukhani, Llp - Tn contact info Samantha C. Gerken Gordon Rees Scully Mansukhani, Llp - Tn contact info Heather Marie Gwinn Pabon Gordon & Rees Scully Mansukhani - Tn contact info
Plaintiff Donna Hicks	Represented By Adam P. Collins Collins, Collins & Conley Psc contact info

Docket last updated: 1 hours ago

Thursday, May 01, 2025
18		18 discov Disclosures Thu 05/01 3:14 PM RULE 26 DISCLOSURES by Donna Hicks.(Collins, Adam) Modified text on 5/1/2025 (TDA) Related: [-]
Wednesday, October 09, 2024
17		17 notice Other Notice Wed 10/09 4:00 PM NOTICE by Ferguson Enterprises, LLC of Withdrawal of Heather M. Gwinn (Pabon, Heather) Related: [-]
		utility Add and Terminate Attorneys Thu 10/10 2:31 PM Attorney Update. Attorney Heather Marie Gwinn Pabon terminated, per DE #17. (TDA) Related: [-]
Tuesday, October 08, 2024
16		16 1 pgs order Order on Motion Appear Pro Hac Vice Tue 10/08 11:57 AM ORDER: Courtney C. Williams meets requirements for admission, Dfts Motion for Admission Pro Hac Vice of Courtney C. Williams in United States District Court for EDKY in subject case is GRANTED. (DE #15 ). Signed by Judge Karen K. Caldwell on 10/8/2024. (TDA) Related: [-]
		misc Bar Status Check Tue 10/08 9:58 AM BAR STATUS Check completed as to Courtney C. Williams re15 MOTION for Courtney C. Williams to Appear Pro Hac Vice by Ferguson Enterprises, LLC ( Filing fee $125; receipt number AKYEDC-5940963). (TDA) Related: [-]
		utility Motion Submitted Tue 10/08 9:59 AM ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re15 MOTION for Courtney C. Williams to Appear Pro Hac Vice by Ferguson Enterprises, LLC. (Filing fee $125; receipt number AKYEDC-5940963). (TDA) Related: [-]
		notice Notice for Attorney to Request E-Filing Privileges Tue 10/08 11:59 AM NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Courtney Williams: re16 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 Courtney Williams (TDA) Related: [-]
Monday, October 07, 2024
15		15 motion Appear Pro Hac Vice Mon 10/07 1:03 PM MOTION for Courtney C. Williams to Appear Pro Hac Vice by Ferguson Enterprises, LLC ( Filing fee $125; receipt number AKYEDC-5940963)Motions referred to Edward B. Atkins.(Gerken, Samantha) Related: [-]
		Att: 1 Exhibit Exhibit A - Certificate of Good Standing Courtney C. Williams,
		Att: 2 Proposed Order Proposed Order PHV Courtney C. Williams
Wednesday, July 10, 2024
14		14 3 pgs order Order ~Util - Set Deadlines Wed 07/10 2:24 PM PRETRIAL ORDER: 1. NLT 21 days before the PTC , counsel shall file following: see items a-f . 2. NLT 14 days before PTC , parties file: see items a-c . 3. At PTC, counsel for parties be prepared to: see items a-e . 4. The PTC shall be attended by all attorneys trying case. Signed by Judge Karen K. Caldwell on 7/10/2024. (TDA) Related: [-]
13		13 order Scheduling Order Deadline Wed 07/10 2:19 PM SCHEDULING ORDER: 1(a) parties exchange info by Rule 26(a)(1) by September 1, 2024 . Need not be filed. (b) Motions to amend or join parties by April 1, 2025 ; (c) Supplementation as required by Rule 26(e). (d) Rule 26(a)(2) reports from expert trial witnesses due: (i) Pla by May 1, 2025 ; (ii) Dft by June 1, 2025 ; (e) All fact discovery completed by March 1, 2025 ; All expert discovery completed by August 1, 2025 ; (f) All dispositive and Daubert motions filed nlt September 1, 2025 with response & reply per LR . 2. Motion to Compel, confer as directed by FRCP 37(a)(2)(A). 3. By FRCP 5(d), parties observe directives re filing discovery materials. See items a-b . 4. No extensions of deadlines unless motion filed prior to expiration, and showing of good cause . 5. TELEPHONIC PRETRIAL CONFERENCE set for February 26, 2026 at 1:00 p.m. at LEXINGTON, KY . Court will enter separate Order with call information prior to proceeding. 6. TRIAL BY JURY set for March 16, 2026 at 9:00 a.m. in Pikeville, KY . Counsel by 8:30 a.m. Anticipated length is 3 days. IT IS FURTHER ORDERED matter referred to Mag. Judge Edward B. Atkins for discovery and pretrial scheduling issues, including resolving discovery disputes and revising dates and deadlines, except dispositive motion . With regard to discovery disputes, parties attempt to resolve themselves. If unable, attempt with magistrate judge by telephone. If still still unsatisfied party file written motion to compel. Any objections to magistrate judge's ruling must be filed w/in 14 days of ruling.(TDA) Related: [-]
Tuesday, July 09, 2024
12		12 1 pgs order Order Terminate Motions Tue 07/09 11:43 AM ORDER: Plaintiff's Motion to Withdraw (DE11 ) is GRANTED, and the Motion to Remand (DE7 ) is DENIED AS MOOT. Signed by Judge Karen K. Caldwell on 7/9/2024. (RCB) Related: [-]
Monday, July 08, 2024
11		11 motion Withdraw Mon 07/08 12:45 PM MOTION to Withdraw7 MOTION to Remand to State Court, MOTION for Attorney Fees and Costs by Donna Hicks (Collins, Adam) Modified text on 7/8/2024 (RCB) Related: [-]
		utility Motion Submitted Mon 07/08 9:07 AM ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re7 MOTION to Remand to State Court by Donna Hicks MOTION for Attorney Fees (RCB) Related: [-]
		notice Notice of Deficiency Mon 07/08 1:09 PM NOTICE OF DEFICIENCY TO Adam Collins re11 MOTION to Withdraw by Donna Hicks: attorney failed to submit a [proposed order] as an electronic attachment to the motion. Entry by attorney; within 7 calendar days , prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (RCB) Related: [-]
Wednesday, July 03, 2024
		utility File Submitted Wed 07/03 9:07 AM ***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review:10 Report of Rule 26(f) Planning Meeting. (TDA) Related: [-]
Tuesday, July 02, 2024
10		10 misc Report of Rule 26(f) Planning Meeting Tue 07/02 4:53 PM REPORT of Rule 26(f) Planning Meeting. (Gerken, Samantha) Related: [-]
Wednesday, June 26, 2024
9		9 notice Notice of Appearance Wed 06/26 1:31 PM NOTICE of Appearance by Samantha C. Gerken on behalf of Ferguson Enterprises, LLC (Gerken, Samantha) Related: [-]
Thursday, June 20, 2024
8		8 respm Response in Opposition to Motion Thu 06/20 4:22 PM RESPONSE in Opposition re7 MOTION to Remand to State Court by Donna Hicks MOTION for Attorney Fees filed by Ferguson Enterprises, LLC.(Pabon, Heather) Related: [-]
		Att: 1 Exhibit A, Operating Agreement,
		Att: 2 Exhibit B, Articles of Amendment
Thursday, May 30, 2024
7		7 motion Remand to State Court Attorney Fees Thu 05/30 1:01 PM MOTION to Remand to State Court, MOTION for Attorney Fees and Costs by Donna Hicks.(Collins, Adam). Added MOTION for Attorney Fees on 5/30/2024 (TDA) Related: [-]
		Att: 1 Proposed Order
Tuesday, May 28, 2024
6		6 2 pgs order Order For Meeting and Report Tue 05/28 9:59 AM ORDER FOR MEETING AND REPORT: 1) Within 21 days, parties conduct meeting to discuss possibilities for settlement or resolution of case and develop proposed discovery plan. 2) NLT 14 days after meeting, counsel file joint status report containing: (see items a-h). Signed by Judge Karen K. Caldwell on 5/28/2024. (TDA) Related: [-]
Friday, May 24, 2024
5		5 misc Disclosure Statement pursuant to FRCP 7.1 Fri 05/24 10:18 AM FRCP 7.1 DISCLOSURE STATEMENT by Ferguson Enterprises, LLC. (Pabon, Heather) Related: [-]
4		4 notice Attorney Notice Fri 05/24 9:57 AM NOTICE TO ATTORNEY Samantha Gerken by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2.(RCB) Related: [-]
		Att: 1 Rule 83.1 Admission Packet,
		Att: 2 Rule 83.2
3		3 notice Notice of Deficiency re: Rule 7.1 Disclosures Fri 05/24 9:52 AM NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Heather Gwinn Pabon.1 Notice of Removal, has been filed by Ferguson Enterprises, LLC 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 (RCB) Related: [-]
		misc Conflict Check Fri 05/24 9:46 AM Conflict Check run. (RCB) Related: [-]
Thursday, May 23, 2024
1		1 cmp Notice of Removal Fri 05/24 9:40 AM NOTICE OF REMOVAL from Floyd Circuit Court, case number 23-CI-456, filed by Ferguson Enterprises, LLC. (Filing fee $405; receipt number BKYEDC-5845497)(RCB) Related: [-]
		Att: 1 Exhibit A - State Court Record,
		Att: 2 Exhibit B - Excerpt of Plaintiff's Discovery Responses,
		Att: 3 Exhibit C - April 23, 2024 Letter from Plaintiff,
		Att: 4 Civil Cover Sheet
		respoth Answer to Complaint (Notice of Removal) Fri 05/24 9:45 AM ANSWER to Complaint by Ferguson Enterprises, LLC. (NOTE: State Court Pleading, see DE1 for pdf document.) (RCB) Related: [-]

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