Olbers v. Thompson et al

Kentucky Western District Court
Judge:	Claria Horn Boom
Referred:	Colin H Lindsay
Case #:	3:16-cv-00521
Nature of Suit	365 Torts - Personal Injury - Product Liability
Cause	28:1332 Diversity-Product Liability

Case Filed:	Aug 15, 2016
Terminated:	Jul 24, 2018

Last checked: Saturday Feb 11, 2017 4:36 AM EST

Defendant American Ironhorse Motorcycles of Huntsville	Represented By Marvin L. Coan Hummel Coan & Sage LLC contact info
Defendant Charles Thompson Individually and 2604 Hale Avenue Louisville, KY 40211	Represented By Marvin L. Coan Hummel Coan & Sage LLC contact info
Plaintiff Heather Olbers	Represented By Stephen W. Long contact info

GPO Aug 25 2017
MEMORANDUM AND OPINION & ORDER by Judge David J. Hale on 8/25/2017; The defendants motion to dismiss (D.N. 6) is GRANTED in part and DENIED in part. The defendants motion to dismiss claims for lack of personal jurisdiction is DENIED as to American Iron Horse Motorcycles of Huntsville. Defendant Charles Thompsons alternative motion to dismiss the claims against him for failure to state a claim is GRANTED. The claims against Charles Thompson are DISMISSED without prejudice. The plaintiffs motion for leave to amend the complaint (D.N. 8) is GRANTED. The Clerk is DIRECTED to file the amended complaint (D.N. 8-1) in the record of this matter. cc:counsel (ARM)

Docket last updated: 09/23/2026 11:59 PM EDT

Tuesday, July 24, 2018
41		41 1 pgs order Order Dismissing Case Tue 07/24 1:40 PM ORDER OF DISMISSAL by Judge Claria Horn Boom on 7/24/2018 Dismissing Case. This matter is DISMISSED WITH PREJUDICE as to all defendants, all dates and deadlines are hereby VACATED, and this matter is STRICKEN from the Court's active docket, with each party to bear its own costs and fees. cc: Counsel (MEJ) Related: [-]
Monday, July 16, 2018
40		40 misc Proposed Agreed Order/Stipulation Mon 07/16 11:55 AM Proposed Agreed Order/Stipulation by American Ironhorse Motorcycles of Huntsville, Walker County Custom Motorcycles, Inc.. (Edwards, Richard) Related: [-]
Thursday, May 10, 2018
39		39 2 pgs order Order on Motion to Amend/Correct Thu 05/10 2:38 PM AGREED ORDER TO AMEND SCHEDULING ORDER Signed by Magistrate Judge Colin H. Lindsay on 5/9/2018 granting36 Motion to Amend/Correct. Plaintiff Amended Pleadings due by 8/31/2018. Plaintiff Joinder of Parties due by 8/31/2018. Defendant Amended Pleadings due by 9/28/2018. Defendants Joinder of Parties due by 9/28/2018. Expert Witness (Plaintiff) due by 9/28/2018. Expert Witness (Defendant) due by 11/15/2018. Discovery due by 12/31/2018. Dispositive Motions due by 2/15/2019. Daubert Motion due by 2/15/2109. Parties shall comply as set forth in Order. cc: Counsel (MEJ) Related: [-]
Monday, May 07, 2018
38		38 service Summons Returned Unexecuted Mon 05/07 9:29 AM Summons Returned Unexecuted by Heather Olbers as to American Drag Seats and/or Kevin Sockwell. (Long, Stephen) Related: [-]
		Att: 1 Exhibit Proof of Unexecuted Summons
Thursday, May 03, 2018
37		37 service Summons Reissued Thu 05/03 2:35 PM Summons Reissued as to American Drag Seats and/or Kevin Sockwell. (KD) Related: [-]
Tuesday, May 01, 2018
36		36 motion Amend/Correct Tue 05/01 11:12 AM Joint MOTION to Amend/Correct28 Scheduling Conference,,, by Plaintiff Heather Olbers (Long, Stephen) Related: [-]
		Att: 1 Proposed Order Agreed Order to Amend Scheduling Order
35		35 notice Notice (Other) Tue 05/01 10:54 AM NOTICE of Filing of Tendered Alias Summons by Heather Olbers re31 Amended Complaint (Long, Stephen) Related: [-]
		Att: 1 Summons Alias summons
Wednesday, April 25, 2018
34		34 order Order Reassigning Case Wed 04/25 11:55 AM TEXT ORDER by Chief Judge Joseph H. McKinley, Jr., Pursuant to GO 2018-03, Case reassigned to Judge Claria H. Boom for all further proceedings. Judge David J. Hale no longer assigned to case. cc:counsel (MLG) Related: [-]
Tuesday, April 24, 2018
33		33 answer Answer to Amended Complaint Tue 04/24 5:29 PM ANSWER to31 Amended Complaint (Second) by American Ironhorse Motorcycles of Huntsville, Walker County Custom Motorcycles, Inc.. (Edwards, Richard) Related: [-]
Monday, April 09, 2018
32		32 service Summons Issued Mon 04/09 3:08 PM Summons Issued as to American Drag Seats and/or Kevin Sockwell. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (CDF) Related: [-]
31		31 cmp Amended Complaint Mon 04/09 2:58 PM SECOND AMENDED COMPLAINT against American Ironhorse Motorcycles of Huntsville, Walker County Custom Motorcycles, Inc., American Drag Seats and/or Kevin Sockwell, filed by Heather Olbers. (CDF) Related: [-]
30		30 2 pgs order Order on Motion for Leave to Mon 04/09 2:48 PM ORDER by Judge David J. Hale on 4/9/2018 granting29 Motion for Leave to File Second Amended Complaint. The Clerk of Court is DIRECTED to file Olbers's tendered second amended complaint (D.N.29 -1) in the record of this matter. cc: Counsel (CDF) Related: [-]
Tuesday, January 30, 2018
29		29 motion Leave to Tue 01/30 9:14 AM MOTION for Leave to File Second Amended Complaint by Plaintiff Heather Olbers (Long, Stephen) Related: [-]
		Att: 1 Amended Complaint,
		Att: 2 Proposed Order,
		Att: 3 Summons
Friday, January 05, 2018
28		28 minutes Scheduling Conference Fri 01/05 4:46 PM SCHEDULING ORDER (EBOC) for proceedings held before Magistrate Judge Colin H. Lindsay: Telephonic Rule 16 Scheduling Conference held on 1/4/2018. Plaintiff Amended Pleadings and Joinder of Parties due by 6/1/2018. Defendant Amended Pleadings and Joinder of Parties due by 7/1/2018. Expert Witness (Plaintiff) due by 6/29/2018. Expert Witness (Defendant) due by 8/15/2018. Discovery due by 10/15/2018. Supplementations under FRCP 26(e) shall be completed no later than 9/1/2018. Dispositive Motions and Daubert Motions due by 11/15/2018. The Court will conduct a telephonic status conference thirty (30) days prior to the close of discovery. Counsel shall jointly contact case manager Theresa Burch via email no later than forty-five (45) days prior to the close of discovery to schedule the conference. Related [+] cc: Counsel (CDR) Related: [-] view Order for specifics.
Thursday, January 04, 2018
27		27 1 pgs order Order on Motion to Substitute Attorney Thu 01/04 12:38 PM ORDER by Magistrate Judge Colin H. Lindsay granting24 Motion to Substitute Attorney. Added attorney Richard W. Edwards for American Ironhorse Motorcycles of Huntsville and Walker County Custom Motorcycles, Inc; Attorney Marvin L. Coan terminated cc: Counsel(MLG) Related: [-]
Wednesday, December 27, 2017
26		26 misc Report of Rule 26(f) Planning Meeting (Litigation Plan) Wed 12/27 4:19 PM Joint REPORT of Rule 26(f) Planning Meeting by Heather Olbers. (Long, Stephen) Related: [-]
Thursday, December 14, 2017
25		25 notice Notice (Other) Thu 12/14 1:25 PM NOTICE of Initial Disclosures by Heather Olbers re22 Order (Long, Stephen) Related: [-]
Monday, November 27, 2017
24		24 motion Substitute Attorney Mon 11/27 12:23 PM MOTION to Substitute Attorney by Defendants American Ironhorse Motorcycles of Huntsville, Walker County Custom Motorcycles, Inc. (Coan, Marvin) Related: [-]
		Att: 1 Proposed Order Order of Substitution of Counsel
Wednesday, November 15, 2017
23		23 notice Notice of Change of Address Wed 11/15 2:27 PM NOTICE of Change of Address by Stephen W. Long (Long, Stephen) Related: [-]
Wednesday, November 01, 2017
22		22 3 pgs order Order Wed 11/01 2:57 PM ORDER FOR MEETING & REPORT by Magistrate Judge Colin H. Lindsay on 11/1/2017 (EBOC); Telephone Rule 16 Scheduling Conference set for 1/4/2018 at 09:45 AM before Magistrate Judge Colin H. Lindsay.cc:counsel (ARM) Related: [-]
Monday, October 30, 2017
21		21 order Order - TEXT ONLY Mon 10/30 8:48 AM TEXT ORDER by Judge David J. Hale on 10/30/2017; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Colin H. Lindsay, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT) Related: [-]
Thursday, October 26, 2017
20		20 answer Answer to Amended Complaint Thu 10/26 4:07 PM ANSWER to16 Amended Complaint by American Ironhorse Motorcycles of Huntsville, Walker County Custom Motorcycles, Inc.. (Coan, Marvin) Related: [-]
		Att: 1 Exhibit A-seat manufacturer
Monday, September 25, 2017
19		19 service Return of Service Mon 09/25 3:21 PM Return of Service Executed/Unexecuted as to Walker County Custom Motorcycles, Inc.. (Long, Stephen) Related: [-]
Wednesday, September 13, 2017
18		18 service Summons Issued Wed 09/13 8:38 AM Summons Issued as to Walker County Custom Motorcycles, Inc. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (JAC) Related: [-]
Tuesday, September 12, 2017
17		17 notice Notice (Other) Tue 09/12 2:16 PM NOTICE Filing of Tendered Summons by Heather Olbers re16 Amended Complaint (Long, Stephen) Related: [-]
		Att: 1 Summons
Friday, August 25, 2017
16		16 cmp Amended Complaint Fri 08/25 3:59 PM AMENDED COMPLAINT against American Ironhorse Motorcycles of Huntsville, filed by Heather Olbers. Adding Walker County Custom Motorcycles, Inc. (ARM) Related: [-]
15		15 17 pgs order Memorandum & Opinion Order Fri 08/25 3:55 PM MEMORANDUM AND OPINION & ORDER by Judge David J. Hale on 8/25/2017; The defendants motion to dismiss (D.N. 6) is GRANTED in part and DENIED in part. The defendants motion to dismiss claims for lack of personal jurisdiction is DENIED as to American Iron Horse Motorcycles of Huntsville. Defendant Charles Thompsons alternative motion to dismiss the claims against him for failure to state a claim is GRANTED. The claims against Charles Thompson are DISMISSED without prejudice. The plaintiffs motion for leave to amend the complaint (D.N. 8) is GRANTED. The Clerk is DIRECTED to file the amended complaint (D.N. 8-1) in the record of this matter. cc:counsel (ARM) Related: [-]
Monday, August 14, 2017
14		14 misc Brief Mon 08/14 4:02 PM BRIEF Supplemental re12 Order, by Heather Olbers. (Long, Stephen) Related: [-]
		Att: 1 Exhibit Exhibits to Plaintiff's Memorandum
13		13 misc Brief Mon 08/14 3:03 PM BRIEF (Supplemental) and Defendants' Request for Evidentiary Hearing re12 Order, by American Ironhorse Motorcycles of Huntsville, Charles Thompson. (Coan, Marvin) Related: [-]
		Att: 1 Affidavit of Charles Thompson, Jr.,
		Att: 2 Proposed Order
Monday, July 31, 2017
12		12 order Order Mon 07/31 11:24 AM ORDER by Judge David J. Hale on 7/31/2017; ORDERED that the parties shall have fourteen (14) days from the date of entry of this Order to file simultaneous supplemental briefs addressing the scope and extent of the defendants commercial contacts with the Commonwealth of Kentucky and whether limited jurisdictional discovery of the issue is necessary.cc:counsel (ARM) Related: [-]
Monday, November 07, 2016
11		11 respm Reply to Response to Motion Mon 11/07 1:04 PM REPLY to Response to Motion re8 MOTION for Leave to Amend Complaint MOTION to Amend/Correct1 Complaint filed by Heather Olbers. (Long, Stephen) Related: [-]
Thursday, October 20, 2016
10		10 respm Response to Motion Thu 10/20 4:27 PM RESPONSE to Motion re8 MOTION for Leave to Amend Complaint MOTION to Amend/Correct1 Complaint filed by American Ironhorse Motorcycles of Huntsville, Charles Thompson. Replies due by 11/7/2016. (Coan, Marvin) Related: [-]
		Att: 1 Proposed Order
Friday, October 14, 2016
9		9 respm Reply to Response to Motion Fri 10/14 1:55 PM REPLY to Response to Motion re6 MOTION to Dismiss for Lack of Jurisdiction -both Defendants MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM -Defendant Thompson filed by American Ironhorse Motorcycles of Huntsville, Charles Thompson. (Coan, Marvin) Related: [-]
		Att: 1 Proposed Order
Wednesday, October 12, 2016
8		8 motion Leave to Amend/Correct Wed 10/12 2:53 PM MOTION for Leave to Amend Complaint , MOTION to Amend/Correct1 Complaint by Plaintiff Heather Olbers Responses due by 11/7/2016 (Long, Stephen) Related: [-]
		Att: 1 Plaintiff's Amended Complaint,
		Att: 2 Proposed Order Order for Amended Complaint
Friday, September 30, 2016
7		7 respm Response to Motion Fri 09/30 8:28 AM RESPONSE to Motion re6 MOTION to Dismiss for Lack of Jurisdiction -both Defendants MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM -Defendant Thompson filed by Heather Olbers. Replies due by 10/17/2016. (Long, Stephen) Related: [-]
		Att: 1 Affidavit Jeffrey Goodwin affidavit
Tuesday, September 06, 2016
6		6 motion Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim Tue 09/06 4:21 PM MOTION to Dismiss for Lack of Jurisdiction -both Defendants , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM -Defendant Thompson by Defendants American Ironhorse Motorcycles of Huntsville, Charles Thompson Responses due by 9/30/2016 (Coan, Marvin) Related: [-]
		Att: 1 13 pgs Memorandum in Support,
		Att: 2 Affidavit Exh. 1-Thompson Affidavit,
		Att: 3 Exhibit Attachment to Affidavit-certified SOS filings,
		Att: 4 Exhibit Exh. 2-Invoice,
		Att: 5 Exhibit Texas statute,
		Att: 6 Exhibit Kentucky statute,
		Att: 7 Exhibit case law,
		Att: 8 Proposed Order
Tuesday, August 30, 2016
5		5 service Return of Service Tue 08/30 2:58 PM Return of Service Executed/Unexecuted as to American Ironhorse of Huntsville. (Long, Stephen) Related: [-]
4		4 service Return of Service Tue 08/30 2:57 PM Return of Service Executed/Unexecuted as to Charles Thompson. (Long, Stephen) Related: [-]
Monday, August 15, 2016
3		3 service Summons Issued Mon 08/15 3:48 PM Summonses Issued as to American Ironhorse Motorcycles of Huntsville and Charles Thompson. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (NM) Related: [-]
		Att: 1 Summons C. Thompson
2		2 utility Case Assignment Mon 08/15 3:47 PM Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. Magistrate Judge designation: Judge Colin H. Lindsay. (NM) Related: [-]
1		1 cmp Complaint Mon 08/15 3:47 PM COMPLAINT against American Ironhorse Motorcycles of Huntsville and Charles Thompson filed by Heather Olbers. Filing fee $400, receipt number 0644-2276819. (NM) Related: [-]
		Att: 1 Cover Sheet

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