679538F v. L'Escalade Fitness, Inc.

Federal Civil Lawsuit Kentucky Eastern District Court, Case No. 5:17-cv-00237
District Judge Claria Horn Boom, presiding
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District Judge Claria Horn Boom
Last Updated July 28, 2025 at 11:39 PM EDT (11.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Anonymized Party [679538F], Plaintiff

Represented by Robbins Kelly Patterson & Tucker

Name Phone Fax E-Mail
Space Michael Alan Galasso +1 513 721 3330 +1 513 721 5001 mgalasso@rkpt.com
Space James M. Kelly +1 513 721 3330 jkelly@rkpt.com
v.
No Logo L'Escalade Fitness, Inc., Defendant

Represented by Ward, Hocker & Thornton - Lexington

Name Phone Fax E-Mail
Space MAXWELL D. SMITH +1 859 422 6000 +1 859 422 6001 max.smith@whtlaw.com
Space Gregg E. Thornton +1 859 422 6000 +1 859 422 6001 gthornton@whtlaw.com

Represented by Whiteford Taylor Preston, LLP

Name Phone Fax E-Mail
Space Elisabeth Megan Lyons mlyons@wtplaw.com
Attributes
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1332 Diversity-Personal Injury
Jurisdiction Diversity
Case Status closed
Jury Demand Both
Anonymization By SCALES
Timeline
  Entries (42) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 35 Filed: 1/2/2019, Entered: 1/2/2019 Court Filing
ORDER OF DISMISSAL WITH PREJUDICE: 1. This matter is DISMISSED WITH PREJUDICE, all dates and deadlines are hearby VACATED, and this matter is STRICKEN from the Court's active docket, with each party to bear its own costs and fees. Signed by Judge Claria Horn Boom on 1/2/2019.(JJ)cc: COR
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Blank  Filed: 12/26/2018, Entered: 12/26/2018
***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re 34 Proposed Agreed Order/Stipulation by L'Escalade Fitness, Inc. (JJ)
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Legal Document (Payment Possibly Required) 34 Filed: 12/21/2018, Entered: 12/21/2018
Proposed Agreed Order/Stipulation by L'Escalade Fitness, Inc.. (Smith, Maxwell)
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Legal Document (Payment Possibly Required) 33 Filed: 11/5/2018, Entered: 11/5/2018
NOTICE OF FILING by L'Escalade Fitness, Inc. (Attachments: # 1 Exhibit Exhibit 1, subpoena, # 2 Exhibit Exhibit 2, certified mail card)(Shepherd, Taylor)
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Legal Document (Payment Possibly Required) 32 Filed: 11/2/2018, Entered: 11/2/2018
NOTICE OF FILING by L'Escalade Fitness, Inc. (Attachments: # 1 Exhibit Attachment - Subpoena)(Shepherd, Taylor)
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Legal Document (Payment Possibly Required) 31 Filed: 10/3/2018, Entered: 10/3/2018 Court Filing
ORDER EXTENDING DEFENDANT"S DEADLINE FOR FILING EXPERT DISCLOSURES: 1. The deadline for the filing of Defendant's expert disclosures, currently set for 10/31/18, is EXTENDED to 11/10/18. Signed by Judge Claria Horn Boom on 10/3/2018.(JJ)cc: COR
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Blank  Filed: 10/2/2018, Entered: 10/2/2018
***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re 30 Proposed Agreed Order/Stipulation to Extend Defendant's Expert Deadlines by L'Escalade Fitness, Inc. (JJ)
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Legal Document (Payment Possibly Required) 30 Filed: 10/2/2018, Entered: 10/2/2018
Proposed Agreed Order/Stipulation to Extend Defendant's Expert Deadlines by L'Escalade Fitness, Inc.. (Smith, Maxwell)
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Legal Document (Payment Possibly Required) 29 Filed: 9/6/2018, Entered: 9/6/2018 Court Filing
ORDER GRANTING SUBSTITUION OF COUNSEL: 1) 28 Notice of Substitution of Counsel filed by L'Escalade Fitness, Inc. is GRANTED 2. Attorneys Gregg E. Thornton and Maxwell D. Smith are hereby submitted as counsel of record in place of attorney E. Megan Lyons. The Clerk may term E. Megan Lyons from the docket and remove her from case service list. Signed by Judge Claria Horn Boom on 9/6/2018.(JJ)cc: COR
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Blank  Filed: 8/15/2018, Entered: 8/15/2018
***FILE SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: 28 Notice of Substitution of Counsel (JJ)
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Legal Document (Payment Possibly Required) 28 Filed: 8/15/2018, Entered: 8/15/2018
NOTICE of Substitution of Counsel by L'Escalade Fitness, Inc. (Smith, Maxwell) Modified text on 8/15/2018 (JJ).
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Legal Document (Payment Possibly Required) 27 Filed: 8/15/2018, Entered: 8/15/2018 Court Filing
ORDER DENYING SUBSTITUTION OF COUNSEL: (1) The 26 Notice of Substitution of Counsel is DENIED without prejudice. (2) Gregg E. Thornton and Maxwell D. Smith are permitted to re-submit an application. Signed by Judge Claria Horn Boom on 8/15/2018.(JJ)cc: COR
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Blank  Filed: 8/8/2018, Entered: 8/8/2018
***FILE SUBMITTED TO CHAMBERS of Judge Claria H. Boom for review: 26 Notice (JJ)
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Blank  Filed: 8/8/2018, Entered: 8/8/2018
***FILE SUBMITTED TO CHAMBERS of Judge Claria H. Boom for review: 26 Notice (JJ) Modified text on 8/8/2018 (JJ).
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Legal Document (Payment Possibly Required) 26 Filed: 8/8/2018, Entered: 8/8/2018
NOTICE of Substitution of Counsel by L'Escalade Fitness, Inc. (Smith, Maxwell) Modified text on 8/8/2018 (JJ).
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Legal Document (Payment Possibly Required) 25 Filed: 7/19/2018, Entered: 7/20/2018 Court Filing
ORDER GRANTING MODIFICATION OF SCHEDULING ORDER: 1. Plaintiff's 24 Unopposed MOTION to Modify 11 Scheduling Order is GRANTED. 2. Plaintiff's expert witness report due NLT 7/31/2018 3. Defendant's Expert Witness List due by 10/31/2018. 4. Parties will complete ALL discovery by 12/31/2018. 5. All dispositive Motions due by 1/20/2019. 6. PRETRIAL CONFERENCE currently set for 2/20/2019 is REMANDED from the Court's docket, and RESCHEDULED for 6/10/2019 at 10:00 AM in LEXINGTON before Judge Claria Horn Boom. 7. JURY TRIAL currently set for 3/25/2019 is REMANDED from the Court's docket, and RESCHEDULED to 7/9/2019 at 09:30 AM in LEXINGTON before Judge Claria Horn Boom. Counsel shall be present by 9:00 a.m. Signed by Judge Claria Horn Boom on 7/19/2018.(JJ)cc: COR,D,JC
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Blank  Filed: 7/18/2018, Entered: 7/18/2018
***MOTION SUBMITTED TO CHAMBERS of Judge Boom for review: re 24 Unopposed MOTION to Modify 11 Scheduling Order by 679538F (SCD)
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Legal Document (Payment Possibly Required) 24 Filed: 7/17/2018, Entered: 7/17/2018
Unopposed MOTION to Modify 11 Scheduling Order by 679538F (Attachments: # 1 Proposed Order)(Galasso, Michael) Modified on 7/18/2018 (SCD).
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Legal Document (Payment Possibly Required) 23 Filed: 6/13/2018, Entered: 6/14/2018 Court Filing
ORDER: The Court, on its own motion, and to reflect the current status, rescinds the referrals to the undersigned on all referred civil cases. The presiding District Judge may enter a substitute referral, or issue other appropriate Orders, in his or her discretion. The Clerk shall docket this Order in all appropriate cases. Signed by Judge Robert E. Wier on 6/13/2018.(JJ)cc: COR Modified date filed on 6/14/2018 (JJ).
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Legal Document (Payment Possibly Required) 21 Filed: 4/23/2018, Entered: 4/23/2018 Court Filing
NOTICE OF GENERAL ORDER REASSIGNING CASE: Judge Karen K. Caldwell is no longer assigned to case. Case reassigned to Judge Claria Horn Boom for all further proceedings pursuant to General Order No. 18-04. (SCD)
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Legal Document (Payment Possibly Required) 20 Filed: 2/12/2018, Entered: 2/12/2018 Court Filing
ORDER/MINUTE ENTRY ORDER FOR TELEPHONIC CONFERENCE held on 2/12/2018, before Magistrate Judge Robert E. Wier: 1) Court SETS ASIDE the existing Rule 26(a)(2) expert report deadlines and the ultimate discovery deadline. 2) Pla SHALL submit any Rule 26(a)(2) expert report and make expert identification by 6/2/2018. 3) Dft SHALL submit any Rule 26(a)(2) expert report and make expert identification by 9/2/2018. 4) Parties SHALL complete all (including fact and expert) discovery by 9/30/2018. 5) All other deadlines and the schedule remain as set. Court addressed possibility of settlement. Signed by Magistrate Judge Robert E. Wier on 2/12/2018. (SCD)cc: COR
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Legal Document (Payment Possibly Required) 19 Filed: 2/2/2018, Entered: 2/2/2018
NOTICE of Service of Discovery by L'Escalade Fitness, Inc. (Lyons, Elisabeth) Modified on 2/5/2018 (SCD).
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Legal Document (Payment Possibly Required) 18 Filed: 1/5/2018, Entered: 1/5/2018
NOTICE of Service of Discovery by L'Escalade Fitness, Inc. (Lyons, Elisabeth) Modified on 1/8/2018 (SCD).
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Legal Document (Payment Possibly Required) 17 Filed: 7/27/2017, Entered: 7/27/2017
NOTICE OF SERVICE by L'Escalade Fitness, Inc. (Lyons, Elisabeth) Modified text on 7/27/2017. (AWD)
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Legal Document (Payment Possibly Required) 16 Filed: 7/25/2017, Entered: 7/25/2017
NOTICE OF SERVICE by 679538F. (Kelly, James) Modified text on 7/25/2017. (AWD)
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Legal Document (Payment Possibly Required) 15 Filed: 7/24/2017, Entered: 7/24/2017
NOTICE OF SERVICE by L'Escalade Fitness, Inc. (Lyons, Elisabeth) Modified text on 7/25/2017. (AWD)
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Legal Document (Payment Possibly Required) 14 Filed: 7/18/2017, Entered: 7/18/2017 Court Filing
ORDER: Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, for 2/12/2018 at 10:30 AM before Magistrate Judge Robert E. Wier to discuss the schedule, discovery progress and any pretrial concerns raised by the respective parties. Signed by Magistrate Judge Robert E. Wier on July 18, 2017.(AWD) cc: COR,D
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Legal Document (Payment Possibly Required) 12 Filed: 7/14/2017, Entered: 7/14/2017 Court Filing
PRETRIAL ORDER: (1) Pretrial filings due NLT 21 days before the PTC. (2) NLT 14 days before the PTC, parties shall file written objections to witness and exhibit lists, responses to motions in limine and responses to motions for a ruling on any objection made in an evidentiary depo. (3) At PTC, counsel shall be prepared to discuss admissibility of exhibits, disclose demonstrative or summary exhibits intended for use at trial, pre-mark exhibits, discuss settlement and advise the Court of technological issues that might arise. (4) PTC shall be attended by all attys who will be trying the case w/parties and/or reps. Signed by Judge Karen K. Caldwell on July 14, 2017.(AWD) cc: COR
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Legal Document (Payment Possibly Required) 11 Filed: 7/14/2017, Entered: 7/14/2017 Court Filing
SCHEDULING ORDER: (1) The following ddls shall be observed: (a) Parties shall exchange informationby 7/24/2017; (b) Parties shall have to and including 8/31/2018 to file any motions to join add'l parties or amend pleadings; (c) Supplementation of disclosures and responses as required by Rule 26(e); (d) Expert trial witness reports due from Pla by 4/2/2018 and from Dft by 7/2/2018; (e) All discovery completed by NLT 9/14/2018; and (f) All dispositive motions filed NLT 10/15/2018 with R/R per LR 7.1(c)(1) and (2). (2) No motions to compel shall be filed unless parties have first conferred. (3) Parties shall observe the listed directives re the filing of discovery materials. (4) No extensions of ddls shall be granted unless a motion is filed and upon showing of good cause. (5) Assigned for a PRETRIAL CONFERENCE on 2/20/2019 at 1:00 PM in LEXINGTON before Judge Karen K. Caldwell. (6) This action is set for JURY TRIAL on 3/25/2019 at 9:00 AM in LEXINGTON before Judge Karen K. Caldwell; counsel present at 8:30 AM; 5 days expected. (7) It is FURTHER ORDERED that this matter is REFERRED to Magistrate Judge chosen by random draw for discovery and pretrial scheduling issues. Signed by Judge Karen K. Caldwell on July 14, 2017.(AWD) cc: COR,D,JC
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Blank  Filed: 7/10/2017, Entered: 7/10/2017
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 10 Report of Rule 26(f) Planning Meeting. (AWD)
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Legal Document (Payment Possibly Required) 10 Filed: 7/7/2017, Entered: 7/7/2017
JOINT REPORT of Rule 26(f) Planning Meeting. (Galasso, Michael)
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Legal Document (Payment Possibly Required) 9 Filed: 6/13/2017, Entered: 6/13/2017 Court Filing
ORDER: GRANTING Atty James M. Kelly's 8 Motion to Appear Pro Hac Vice for plaintiff 679538F. Signed by Judge Karen K. Caldwell on 6/13/17. (KJR)cc: COR
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Blank  Filed: 6/13/2017, Entered: 6/13/2017
***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re 8 MOTION for James M. Kelly to Appear Pro Hac Vice by 679538F ( Filing fee $125; receipt number 0643-3818549) (KJR)
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Blank  Filed: 6/12/2017, Entered: 6/12/2017
BAR STATUS Check completed as to James M. Kelly re 8 MOTION for James M. Kelly to Appear Pro Hac Vice by 679538F. ( Filing fee $125; receipt number 0643-3818549). (KJR)
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Legal Document (Payment Possibly Required) 8 Filed: 6/9/2017, Entered: 6/9/2017
MOTION for James M. Kelly to Appear Pro Hac Vice by 679538F ( Filing fee $125; receipt number 0643-3818549) (Attachments: # 1 Affidavit Affidavit of James M. Kelly & Certificate of Good Standing, # 2 Proposed Order)(Galasso, Michael). Modified text on 6/12/2017 (KJR).
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Legal Document (Payment Possibly Required) 7 Filed: 6/9/2017, Entered: 6/9/2017 Court Filing
ORDER FOR MEETING AND REPORT: (1) Within 21 days, parties shall meet pursuant to Rule 26(f). (2) Within 10 days after meeting, parties shall file a joint status report containing the listed information. Signed by Judge Karen K. Caldwell on June 9, 2017. (AWD) cc: COR
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Legal Document (Payment Possibly Required) 6 Filed: 6/9/2017, Entered: 6/9/2017
ANSWER to 1 Complaint by L'Escalade Fitness, Inc.. (Attachments: # 1 Exhibit A-Waiver)(Thornton, Gregg)
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Legal Document (Payment Possibly Required) 5 Filed: 6/9/2017, Entered: 6/9/2017
FRCP 7.1 DISCLOSURE STATEMENT by L'Escalade Fitness, Inc.. (Thornton, Gregg)
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Legal Document (Payment Possibly Required) 4 Filed: 6/1/2017, Entered: 6/1/2017
SUMMONS Returned Executed by 679538F via personal service to L'Escalade Fitness, Inc. (Galasso, Michael) Modified text on 6/2/2017. (AWD)
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Legal Document (Payment Possibly Required) 2 Filed: 5/25/2017, Entered: 5/25/2017
Summons issued as to L'Escalade Fitness, Inc. Summons issued and returned to counsel electronically. (AWD)
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Blank  Filed: 5/25/2017, Entered: 5/25/2017
Conflict Check run. (AWD)
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Legal Document (Payment Possibly Required) 1 Filed: 5/25/2017, Entered: 5/25/2017
COMPLAINT filed by 679538F. (Filing Fee $400; Receipt No. 0643-3805439) (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(AWD)
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