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Hornsby v. Brogan et al

Docket 2:23-cv-00157, Kentucky Eastern District Court (Nov. 14, 2023)
Judge David L. Bunning, presiding, Magistrate Judge Candace J. Smith
Personal Injury - Other
DivisionCovington
FlagsREFERA
Cause28:1441 Petition for Removal- Personal Injury
Case Type360 Personal Injury - Other
Tags360 Personal Injury, Personal Injury, Tort, Civil, Other, 360 Personal Injury, Personal Injury, Tort, Civil, Other
Plaintiff Melissa A. Hornsby
Defendant Keith P. Brogan
Defendant Alicia Brogan
...
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Rice v. Rice

Docket 6:23-cv-00157, Kentucky Eastern District Court (Aug. 22, 2023)
Judge Robert E. Wier, presiding, Magistrate Judge Hanly A. Ingram
Statutory Actions - Other
02/14/2024
... tailor future discovery to the substance of the written responses. The parties anticipate needing five depositions, none of which are currently scheduled. And some deponents...
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Barnes v. Kentucky State Police et al

Docket 5:23-cv-00157, Kentucky Eastern District Court (May 24, 2023)
Judge Gregory F. VanTatenhove, presiding, P SO
Prisoner - Civil Rights
DivisionLexington
FlagsCLOSED
Demand$100,000
Cause42:1983 Prisoner Civil Rights
Case Type550 Prisoner - Civil Rights
Tags550 Prisoner, Civil Rights, 550 Prisoner, Civil Rights
Plaintiff Terquise Demarco Barnes
Defendant Kentucky State Police
Defendant Calvin Mattox
...
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No. 26 MEMORANDUM OPINION & ORDER: 1) Plaintiff Hornsby's Motion to Remand and Stay Proceedings 10 ...

Document Hornsby v. Brogan et al, 2:23-cv-00157, No. 26 (E.D.Ky. Apr. 5, 2024)
Motion to RemandPartial
Because of Keith’s violation of the shared parenting arrangement “as well as his prior drug and alcohol abuse, domestic violence, and reckless gun use, and out of concern for [M.C.’s] safety,” Plaintiff filed an emergency motion in family court to modify the terms of the shared parenting arrangement and to hold Keith in contempt of court.
The GoFundMe page was shared publicly via Keith’s Facebook account and Keith “shared [the] story at his place of employment and solicited funds from his customers.” (Id.).
On October 13, 2023, Plaintiff filed suit in Campbell County Circuit Court asserting state law claims of false light and intrusion upon seclusion against Defendants.
When a state’s civil procedure rules prohibit a complaint from containing a specific request for damages, a removing defendant must show that the amount-in-controversy requirement is met by a preponderance of the evidence.
In addition to citing jury verdict data, Defendants argue that Plaintiff’s claims can be aggregated to satisfy the amount in controversy requirement.
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No. 4 MEMORANDUM OPINION & ORDER: 1. Barnes's claims 1 are DISMISSED w/out prejudice; 2. This action ...

Document Barnes v. Kentucky State Police et al, 5:23-cv-00157, No. 4 (E.D.Ky. Jun. 5, 2023)
To begin, Barnes has neither paid the $402.00 in filing and administrative fees nor moved for leave to proceed in forma pauperis.
Plus, even if the Court broadly construes Barnes’s complaint as asserting claims against the Lexington-Fayette Urban County Government, he has not clearly alleged a relevant municipal policy or custom that caused him harm.
In other words, Barnes’s complaint, at least as presently drafted, is exceedingly vague, and, as a result, it fails to state a claim upon which relief may be granted against the only named defendant.
That said, the Court’s dismissal will be without prejudice to Barnes’s right to file a new complaint—and thus initiate a new civil action—in which he more clearly asserts factual allegations and legal claims against specific individuals and/or entities that are actually suable.
Finally, if Barnes later files a new action, he must also either pay the $402.00 in filing and administrative fees up front and in full or complete the following steps to properly pursue pauper status: (a) fill out the Application to Proceed in District Court Without Prepaying Fees or Costs [AO 240 Form]; (b) have prison staff complete and sign the Certificate of Inmate Account Form [E.D.
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