Cole v. Toledo Refining Company, LLC
| Ohio Northern District Court | |
| Judge: | James R Knepp II |
| Case #: | 3:23-cv-00769 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Tort/Non-Motor Vehicle |
| Case Filed: | Apr 14, 2023 |
| Terminated: | Nov 26, 2024 |
| Last checked: Friday Oct 13, 2023 2:11 PM EDT |
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Defendant
Toledo Refining Company, LLC
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Represented By
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Plaintiff
Keith Cole
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Represented By
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GPO
Jul 24 2023
Memorandum Opinion and Order: It is ORDERED that Defendant's 4 Motion to Dismiss be, and the same hereby is, GRANTED IN PART and DENIED IN PART as set forth herein. Judge James R. Knepp II on 7/24/2023. (B,JL) |
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GPO
Nov 26 2024
Memorandum Opinion and Order: It is ORDERED that Defendant's 31 Motion for Summary Judgment be, and the same hereby is, GRANTED. Judge James R. Knepp II on 11/26/2024. (B,JL) |
| Docket last updated: 10 hours ago |
| Thursday, December 19, 2024 | ||
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appeal
Acknowledgment from the USCA
Thu 12/19 1:55 PM
Acknowledgment from the USCA for Sixth Circuit of receipt of39 Notice of Appeal (USCA# 24-4085 . Date filed in USCA 12/19/24. (H,SP) |
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| Wednesday, December 18, 2024 | ||
| 39 | 39
appeal
Notice of Appeal
Wed 12/18 3:31 PM
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the38 Judgment Entry of 11/26/24, filed by Keith Cole. (Filing fee $605, receipt number AOHNDC-12879741) (Bair, C.) |
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| Tuesday, November 26, 2024 | ||
| 38 | 38
order
Judgment
Tue 11/26 2:13 PM
Judgment Entry: For the reasons stated in the related37 Memorandum Opinion and Order issued this same date, the Court ORDERS this case be DISMISSED. Judge James R. Knepp II on 11/26/2024. (B,JL) |
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| 37 | 37
9
pgs
order
Order on Motion for order
Tue 11/26 2:11 PM
Memorandum Opinion and Order: It is ORDERED that Defendant's31 Motion for Summary Judgment be, and the same hereby is, GRANTED. Judge James R. Knepp II on 11/26/2024. (B,JL) |
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| Tuesday, June 04, 2024 | ||
| 36 | 36
resp
Reply
Tue 06/04 8:55 AM
Reply in support of31 Motion to Exclude Plaintiffs Expert Disclosures, Reports and Testimony, Strike Plaintiffs Expert Disclosure and Reports from the Record, and Grant Summary Judgment filed by Toledo Refining Company, LLC. (Posey, William) |
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| Monday, June 03, 2024 | ||
| 35 | 35
notice
Notice of Deposition (atty event)
Mon 06/03 2:13 PM
Amended Notice to take Deposition of Keith Cole on June 14, 2024 filed by Toledo Refining Company, LLC. (Posey, William) |
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| 34 | 34
notice
Notice of Deposition (atty event)
Mon 06/03 12:49 PM
Amended Notice to take Deposition of Keith Cole on filed by Toledo Refining Company, LLC. (Posey, William) |
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| Wednesday, May 22, 2024 | ||
| 33 | 33
motion
Disclosure
Wed 05/22 5:05 PM
Proposed Motion for disclosure Plaintiff Keith Cole's Initial Disclosures filed by Plaintiff Keith Cole. (Bair, C.) |
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| Friday, May 17, 2024 | ||
| 32 | 32
oth_doc
Expert Report (atty event)
Fri 05/17 9:10 AM
Expert Report pursuant to Rule 26 of Dr. James E. Sander, M.D. filed by Toledo Refining Company, LLC.(Posey, William) |
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Att: 1
Exhibit A - Dr. Sanders Curriculum Vitae,
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Att: 2
Exhibit B - Dr. Sanders Expert Report
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| Wednesday, May 08, 2024 | ||
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12
pgs
motion
Order
Wed 05/08 4:20 PM
Motion TO EXCLUDE PLAINTIFFS EXPERT DISCLOSURES, REPORTS AND TESTIMONY, STRIKE PLAINTIFFS EXPERT DISCLOSURES AND REPORTS FROM THE RECORD, AND GRANT SUMMARY JUDGMENT filed by Defendant Toledo Refining Company, LLC.(Posey, William) |
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Att: 1
Exhibit A - Atkins Medical Records,
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Att: 2
Exhibit B - Hunter Medical Records,
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Att: 3
Exhibit C - 2/23/2024 Medical Records
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| Tuesday, March 19, 2024 | ||
| 30 | 30
notice
Notice (atty event)
Tue 03/19 3:33 PM
Notice of Filing Expert Report filed by Keith Cole. (Bair, C.) |
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| Wednesday, March 13, 2024 | ||
| 29 | 29
order
Protective Order
Wed 03/13 6:28 AM
Protective Order regarding confidential documents. Judge James R. Knepp II on 3/13/2024. (B,JL) |
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Att: 1
Acknowledgment Agreement
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| Tuesday, March 12, 2024 | ||
| 28 | 28
motion
Protective Order
Tue 03/12 2:06 PM
Stipulated Motion for protective order filed by Defendant Toledo Refining Company, LLC. (Ryan, Collin) |
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| Tuesday, March 05, 2024 | ||
| 27 | 27
motion
Extension (of deadlines)
Tue 03/05 8:55 AM
Motion for extension of Defendant's Expert Disclosure Deadline until 60 Days After Plaintiff Produces His Expert Reports filed by Defendant Toledo Refining Company, LLC. |
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order
Order on Motion to extend deadlines
Tue 03/05 9:43 AM
Order [non-document] granting Defendant's27 Motion to Extend Deadlines. Defendant's expert disclosures now due by 5/20/2024. Judge James R. Knepp II on 3/5/2024. (B,JL) |
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| Monday, March 04, 2024 | ||
| 26 | 26
notice
Attorney Appearance (atty event)
Mon 03/04 11:49 AM
Attorney Appearance by Ali Miller Redlinger filed by on behalf of Toledo Refining Company, LLC. |
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| Friday, March 01, 2024 | ||
| 25 | 25
motion
Extension (of deadlines)
Fri 03/01 11:16 AM
Motion for extension of time to disclose expert witnesses until 3/19/24 filed by Plaintiff Keith Cole. Related document(s)12 .(Bair, C.) |
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Att: 1
Proposed Order
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order
Order on Motion to extend deadlines
Fri 03/01 3:42 PM
Order [non-document] granting Plaintiff's25 Motion to Extend Deadlines. Plaintiff's expert disclosures due by 3/19/2024. Judge James R. Knepp II on 3/1/2024. (B,JL) |
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| Thursday, February 29, 2024 | ||
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minutes
Final Settlement Conference ~Util - Terminate Referral
Thu 02/29 2:13 PM
Minutes of proceedings [non-document] Settlement Conference held in person on February 29, 2024 before Magistrate Judge Darrell A. Clay. Plaintiff Keith Cole appeared and was represented by his attorney C. William Bair. Defendant Toledo Refining Company, LLC appeared through its authorized representative Dane Holbrook and was represented by its attorney William Posey. Extensive discussions were had with the parties and counsel regarding a potential resolution of the case, but those discussions did not produce a final agreement. The referral from Judge Knepp is terminated. The parties are to proceed pursuant to the existing Case Management Order. Should the parties wish to engage in another settlement conference with me in the future, they must contact Judge Knepp for a new referral. Time: 2 hours, 30 minutes. (R,Ke) |
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| Monday, February 26, 2024 | ||
| 24 | 24
notice
Notice of Service (atty event)
Mon 02/26 4:18 PM
Notice of Service of Discovery Responses filed by Toledo Refining Company, LLC. (Posey, William) |
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| Tuesday, February 13, 2024 | ||
| 23 | 23
motion
Disclosure
Tue 02/13 4:31 PM
Disclosure of Expert Witnesses filed by Plaintiff Keith Cole. (Bair, C.) |
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| Friday, February 09, 2024 | ||
| 22 | 22
notice
Notice of Deposition (atty event)
Fri 02/09 2:19 PM
Notice to take Deposition of Keith Cole on February 21, 2024 filed by Toledo Refining Company, LLC. (Posey, William) |
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| Monday, December 04, 2023 | ||
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order
Order on Motion to substitute attorney
Mon 12/04 1:15 PM
Order [non-document] granting Defendant's20 Motion to substitute attorney. Attorneys Kara M. Mundy and William G. Porter, II removed from case. Judge James R. Knepp II on 12/4/2023. (B,JL) |
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| Friday, December 01, 2023 | ||
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order
Order on Motion to continue
Fri 12/01 12:36 PM
Order [non-document]granting Defendant's21 Motion to continue Settlement Conference and Reschedule for Alternate Date. Settlement Conference RESET for 2/29/2024 at 10:00 AM in Chambers 403. Ex parte settlement statements shall be submitted by email to Clay_Chambers@ohnd.uscourts.gov by 2/22/2024. Related document14 . Magistrate Judge Darrell A. Clay on 12/1/2023.(R,Ke) |
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| Thursday, November 30, 2023 | ||
| 21 | 21
motion
Continue
Thu 11/30 5:26 PM
Motion to continue Settlement Conference and Reschedule for Alternate Date filed by Defendant Toledo Refining Company, LLC. (Ryan, Collin) |
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| Wednesday, November 29, 2023 | ||
| 20 | 20
motion
Substitute attorney
Wed 11/29 4:23 PM
Motion to substitute attorney William Posey and Collin Ryan in place of attorney William Porter and Kara Mundy filed by Defendant Toledo Refining Company, LLC. (Mundy, Kara) |
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| Friday, November 17, 2023 | ||
| 19 | 19
notice
Attorney Appearance (atty event)
Fri 11/17 2:53 PM
Attorney Appearance by William A. Posey filed by on behalf of Toledo Refining Company, LLC. (Posey, William) |
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| 18 | 18
notice
Attorney Appearance (atty event)
Fri 11/17 1:57 PM
Attorney Appearance by Collin L. Ryan filed by on behalf of Toledo Refining Company, LLC. (Ryan, Collin) |
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| 17 | 17
motion
Disclosure
Fri 11/17 1:28 PM
Initial Disclosures filed by Plaintiff Keith Cole. (Bair, C.) |
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| Friday, October 13, 2023 | ||
| 16 | 16
order
Protective Order
Fri 10/13 3:37 PM
Protective Order regarding confidential documents. Judge James R. Knepp II on 10/13/2023. (B,JL) |
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Att: 1
Acknowledgment Agreement
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| Thursday, October 12, 2023 | ||
| 15 | 15
notice
Stipulation (atty event)
Thu 10/12 5:28 PM
Proposed Stipulation for Protective Order filed by Toledo Refining Company, LLC. (Porter, William) |
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| Tuesday, August 22, 2023 | ||
| 14 | 14
5
pgs
order
Order
Tue 08/22 9:24 AM
Order . Settlement Conference set for 12/14/2023 at 10:00 AM in Chambers 403. Ex parte settlement statements shall be submitted by email to Clay_Chambers@ohnd.uscourts.gov by 12/7/2023. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements prior to the mediation conference. Magistrate Judge Darrell A. Clay on 8/22/2023. (R,Ke) |
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| Monday, August 21, 2023 | ||
| 13 | 13
answer
Answer to Complaint in a Removal Case
Mon 08/21 3:15 PM
Answer to Complaint filed by Toledo Refining Company, LLC. (Mundy, Kara) |
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| Tuesday, August 15, 2023 | ||
| 12 | 12
minutes
~Util - Case Referred to Judicial Officer for Mediation or Settlement Minute Order _ Case Management Conference
Tue 08/15 4:20 PM
Minute Order of Case Management Conference: Case Management Conference held via telephone on 8/15/2023 before Judge James R. Knepp II. Plaintiff appeared by attorney C. William Bair; Defendant appeared by attorneys William G. Porter, II and Kara M. Mundy. Case is assigned to proceed on the STANDARD track. Parties to exchange Rule 26(a) disclosures by 10/2/2023. Discovery cut-off dates: Plaintiff's expert disclosures by 2/16/2024; Defendant's expert disclosures by 4/19/2024; Liability and Damages by 6/14/2024. Parties to be Joined and Pleading Amendments due by 10/31/2023. Dispositive motions by 7/15/2024. Case REFERRED to Magistrate Judge Darrell A. Clay for a settlement conference to be held in December 2023 or January 2024 at the convenience of the Court and the parties. Judge James R. Knepp II on 8/15/2023. (B,JL) |
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| Friday, August 11, 2023 | ||
| 11 | 11
notice
Report of Parties Planning Meeting (atty event)
Fri 08/11 2:05 PM
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Toledo Refining Company, LLC. (Mundy, Kara) |
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| Monday, August 07, 2023 | ||
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order
Order on Motion for extension of time to answer
Mon 08/07 12:27 PM
Order [non-document] granting Defendant's unopposed10 Motion for Extension of Time to Answer. Defendant Toledo Refining Company, LLC's Answer DUE 8/21/2023. Judge James R. Knepp II on 8/7/2023. (B,JL) |
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| Friday, August 04, 2023 | ||
| 10 | 10
motion
Extension (answer complaint)
Fri 08/04 2:15 PM
Unopposed Motion for extension of time until August 21, 2023 to answer filed by Defendant Toledo Refining Company, LLC.(Mundy, Kara) |
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Att: 1
Proposed Order
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| Monday, July 24, 2023 | ||
| 9 | 9
order
Case Management Conference Scheduling Order
Mon 07/24 1:10 PM
Case Management Conference Scheduling Order with case management conference to be held via telephone on 8/15/2023 at 2:00 PM before Judge James R. Knepp II. The conference will convene on the Court's bridge line with dial-in access information to be provided to counsel in advance of the call. Judge James R. Knepp II on 7/24/2023. (B,JL) |
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Att: 1
Report of Parties' Planning Meeting
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| 8 | 8
6
pgs
order
Order on Motion to dismiss for failure to state a claim
Mon 07/24 1:08 PM
Memorandum Opinion and Order: It is ORDERED that Defendant's4 Motion to Dismiss be, and the same hereby is, GRANTED IN PART and DENIED IN PART as set forth herein. Judge James R. Knepp II on 7/24/2023. (B,JL) |
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| Thursday, June 08, 2023 | ||
| 7 | 7
notice
Corporate Disclosure Statement (atty event)
Thu 06/08 1:35 PM
Corporate Disclosure Statement identifying Corporate Parent PBF Energy, Inc. for Toledo Refining Company, LLC filed by Toledo Refining Company, LLC. (Porter, William) |
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| Tuesday, May 30, 2023 | ||
| 6 | 6
resp
Reply
Tue 05/30 3:14 PM
Reply in support of4 Motion to dismiss for failure to state a claim with memorandum in support filed by Toledo Refining Company, LLC. (Porter, William) |
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| Tuesday, May 16, 2023 | ||
| 5 | 5
resp
Opposition
Tue 05/16 3:52 PM
Opposition to4 Motion to dismiss for failure to state a claim with memorandum in support filed by All Plaintiffs. (Bair, C.) |
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| Thursday, April 27, 2023 | ||
| 4 | 4
motion
Dismiss for Failure to State a Claim
Thu 04/27 10:58 AM
Motion to dismiss for failure to state a claim with memorandum in support filed by Defendant Toledo Refining Company, LLC. (Porter, William) |
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| Thursday, April 20, 2023 | ||
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order
Order on Motion for extension of time to answer
Thu 04/20 1:27 PM
Order [non-document] granting Defendant's3 Motion for Extension of Time to Answer. Defendant Toledo Refining Company, LLC's Answer DUE 4/27/2023. Judge James R. Knepp II on 4/20/2023. (B,JL) |
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| Wednesday, April 19, 2023 | ||
| 3 | 3
motion
Extension (answer complaint)
Wed 04/19 3:34 PM
Unopposed Motion for extension of time until 4/27/2023 to answer , move, or otherwise plead filed by Defendant Toledo Refining Company, LLC.(Mundy, Kara) |
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Att: 1
Proposed Order
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| Monday, April 17, 2023 | ||
| 2 | 2
oth_evt
Magistrate Consent Form Issued by Intake
Mon 04/17 8:24 AM
Magistrate Consent Form issued. (R,EM) |
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utility
Add and Terminate Judge
Mon 04/17 8:22 AM
Judge James R. Knepp II assigned to case. (R,EM) |
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oth_evt
Random Assignment of Magistrate Judge
Mon 04/17 8:24 AM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (R,EM) |
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| Friday, April 14, 2023 | ||
| 1 | 1
5
pgs
cmp
Notice of Removal
Fri 04/14 4:40 PM
Notice of Removal from Lucas County Court of Common Pleas, case number G-4801-CI-0202301827-000 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11947373.. Filed by Toledo Refining Company LLC. (Mundy, Kara) |
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Att: 1
4 pgs
Exhibit Complaint,
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Att: 2
Exhibit Summons,
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Att: 3
Civil Cover Sheet
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