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- udge Assigned
- ismiss by Ct w/o Prejudice
- otice of Dismissal Voluntary Dismissal of Cross-Claims to Johnny Burnette; Electronic Filing Certificate of Service. Filed By: RONALD JOSEPH ABERNATHY JR On Behalf Of: SHIVA GANESH LLC D/B/A SUPER 8
- earing Held Defendant Shiva Ganesh, LLC appears through counsel. Plaintiff does not appear. Defendant Burnette does not appear. Defendant Shiva Ganesh, LLC's Motion to Dismiss Without Prejudice for Want of Prosecution is sustained, and Plaintiff's case is dismissed without prejudice. Alternatively, Plaintiff failed to appear on April 26, 2023 for a hearing on Defendant Shiva Ganesh, LLC's Motion to Compel. Motion was sustained, and Plaintiff was ordered to provide responses within 20 days. Counsel for Plaintiff withdrew effective June 6, 2023. On June 6, 2023, Plaintiff was ordered to provide complete discovery responses on or before June 20, 2023. The Court's order stated that failure to comply could result in sanctions up to and including dismissal without prejudice. To date, Plaintiff has failed to comply with the Court's orders, so Plaintiff's Petition is dismissed without prejudice as a sanction for failure to provide discovery and failure to comply with the Court's orders. /s/ Laura Johnson Associated Entries: 06/28/2023 - Motion Hearing Scheduled Scheduled For: 07/12/2023; 9:00 AM; LAURA J JOHNSON; Christian County Cir Ct Bldg
- otion Hearing Scheduled Associated Entries: 07/12/2023 - Hearing Held + Scheduled For: 07/12/2023; 9:00 AM; LAURA J JOHNSON; Christian County Cir Ct Bldg
- otice of Hearing Filed Notice of Hearing via WebEx; Electronic Filing Certificate of Service. Filed By: RONALD JOSEPH ABERNATHY JR On Behalf Of: SHIVA GANESH LLC D/B/A SUPER 8
- otion to Dismiss Motion to Dismiss Without Prejudice for Want of Prosecution; Ex. A Email Letter to Chad Kelly of 6.08.23; Ex. B 4-26-23 Order; Ex. C 6-06-23 Order; Electronic Filing Certificate of Service. Filed By: KENNETH L HALVACHS On Behalf Of: SHIVA GANESH LLC D/B/A SUPER 8
- orrespondence Sent
- earing Held Parties appear through counsel. Attorney O'Grady's Motion to Withdraw as counsel for Plaintiff is sustained. Plaintiff's Motion for Additional Time to Respond to Defendant Shiva Ganesh, LLC d/b/a Super 8's Interrogatories and Request for Production of Documents Directed to Plaintiff is sustained, and Plaintiff must file complete discovery responses on or before June 20, 2023. Defendant Shiva Ganesh, LLC d/b/a Super 8's Motion for Sanctions for Failure to Answer Discovery is passed. The Clerk is directed to change Plaintiff's address on file to 4005 Nicholson Drive, Apt. 4208, Baton Rouge, LA 70808, and to mail Plaintiff any orders entered until counsel enters on Plaintiff's behalf. Attorney O'Grady will mail Plaintiff a copy of this Order and copies of the written discovery propounded by Defendant Shiva Ganesh, LLC. If Plaintiff fails to comply with this Order, Plaintiff may be subject to sanctions, up to and including dismissal of his action without prejudice. /s/ Laura Johnson Associated Entries: 05/16/2023 - Motion Hearing Scheduled Scheduled For: 06/06/2023; 9:00 AM; LAURA J JOHNSON; Christian County Cir Ct Bldg
- esponse Filed Filed By: RONALD JOSEPH ABERNATHY JR On Behalf Of: SHIVA GANESH LLC D/B/A SUPER 8
- otion for Sanctions Motion for Sanctions for Plaintiffs Failure to Answer Discovery pursuant to the Courts April 26, 2023; Electronic Filing Certificate of Service. Filed By: RONALD JOSEPH ABERNATHY JR
- udge/Clerk - Note For cases in Division 1 and Division 2 of the 38th Circuit, the Court has completed the pilot program in which counsel in certain matters have been required to appear remotely using the Virtual Hearing Link on Case.net. Attorneys and parties may still opt to appear remotely in civil and criminal matters using the Virtual Hearing Link on Case.net by advising via email opposing counsel and Division 1 ([email protected] for civil; [email protected] for criminal) or Division 2 ([email protected] for all cases) or by filing a Notice of Hearing stating the intent to appear remotely. Counsel and parties may appear in person without providing prior notice to the Court. The Court has discretion to require all counsel and parties to appear either in person or remotely. If the Court has not received notice of a remote appearance, the Court will presume all participants are appearing in person.
- otion Hearing Scheduled Associated Entries: 06/06/2023 - Hearing Held + Scheduled For: 06/06/2023; 9:00 AM; LAURA J JOHNSON; Christian County Cir Ct Bldg
- equest for Hearing Request to Appear for Hearing by WebEx; Electronic Filing Certificate of Service. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- mended Notice of Hrng Filed Amended Notice of Hearing on Motion to Withdraw; Electronic Filing Certificate of Service. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- udge/Clerk - Note COURT IS NOT AVAILABLE 5-30. ATTY'S OFFICE TO RE-NOTICE AFTER JUNE 2ND.
- equest for Hearing Request to Appear for Hearing via Webex on May 30, 2023; Electronic Filing Certificate of Service. Filed By: KENNETH L HALVACHS On Behalf Of: SHIVA GANESH LLC D/B/A SUPER 8
- otion Filed Motion for Additional Time to Respond to 1st Interrogatories and Request for Production; Electronic Filing Certificate of Service. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- equest Filed Request to Appear for Hearing by WebEx; Electronic Filing Certificate of Service. Filed By: MATTHEW P O'GRADY
- otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: MATTHEW P O'GRADY
- otion of Withdrawl of Counsel Motion of Withdrawal of Counsel; Electronic Filing Certificate of Service. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- earing Held Defendant Shiva Ganesh LLC d/b/a/ Super 8 appears through counsel. Plaintiff does not appear. Defendant Super 8's Motion to Compel Plaintiff to respond to Defendant's first set of discovery is sustained. Plaintiff is ordered to respond without objections within 20 days. Failure to respond may result in sanctions. /s/ Laura Johnson Associated Entries: 04/11/2023 - Motion Hearing Scheduled Scheduled For: 04/26/2023; 9:00 AM; LAURA J JOHNSON; Christian County Cir Ct Bldg
- otion Hearing Scheduled Associated Entries: 04/26/2023 - Hearing Held + Scheduled For: 04/26/2023; 9:00 AM; LAURA J JOHNSON; Christian County Cir Ct Bldg
- otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: KENNETH L HALVACHS On Behalf Of: SHIVA GANESH LLC D/B/A SUPER 8
- otion to Compel Motion to Compel; Ex. A Initial Reqts; Ex. B 9-13-22 Email; Ex. C 10-17-22 11-17-22 Email; Ex. D 2-15-23 Email; Electronic Filing Certificate of Service. Filed By: KENNETH L HALVACHS
- ertificate of Service Certificate of Service of Cross-Claim to Johnny Burnette; Electronic Filing Certificate of Service. Filed By: RONALD JOSEPH ABERNATHY JR On Behalf Of: SHIVA GANESH LLC D/B/A SUPER 8
- otion Filed Burnette, Johnny, Motion for leave to file answer out of time.; Burnette, Johnny Answer to petition; Electronic Filing Certificate of Service. Filed By: STUART P HUFFMAN On Behalf Of: JOHNNY BURNETTE
- ntry of Appearance Filed Burnette, Johnny EOA; Electronic Filing Certificate of Service. Filed By: STUART P HUFFMAN On Behalf Of: JOHNNY BURNETTE
- otion for Extension of Time Consent Motion for Additional Time to Respond to Defendants First Interrogatories and First Requests for Production of Documents Directed to Plaintiff; Electronic Filing Certificate of Service. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- ert Serv Answers Interrog Fil Certificate of Service; Electronic Filing Certificate of Service. Filed By: RONALD JOSEPH ABERNATHY JR On Behalf Of: SHIVA GANESH LLC D/B/A SUPER 8
- ert Serv of Interrog Filed Certificate of Service; Electronic Filing Certificate of Service. Filed By: KENNETH L HALVACHS On Behalf Of: SHIVA GANESH LLC D/B/A SUPER 8
- nswer Filed Filed By: KENNETH L HALVACHS On Behalf Of: SHIVA GANESH LLC D/B/A SUPER 8
- ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: KENNETH L HALVACHS
- ummons Personally Served Document ID - 22-SMOS-40; Served To - BURNETTE, JOHNNY; Server - ; Served Date - 22-JUL-22; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served; Service Text - OUT OF STATE - FAYETTE KY - #160 SHERIFF
- ertificate of Service Certificate of Service. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- otice of Service Summons served - Defendant Johnny Burnette. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- ummons Personally Served Document ID - 22-SMCC-226; Served To - SHIVA GANESH LLC D/B/A SUPER 8; Server - ; Served Date - 14-JUL-22; Served Time - 11:09:00; Service Type - Civil Process Server; Reason Description - Served
- ertificate of Service Certificate of Service. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- otice of Service Affidavit of Service - Shiva Ganesh LLC dba Super 8. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- ummons Issued-Circuit Document ID: 22-SMOS-40, for BURNETTE, JOHNNY.
- ummons Issued-Circuit Document ID: 22-SMCC-226, for SHIVA GANESH LLC D/B/A SUPER 8.
- lias Summons Requested Request for Alias Summons and Memorandum to Clerk - Shiva Ganesh LLC dba Super 8. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- lias Summons Requested Request for Alias Summons and Memorandum to Clerk - Johnny Burnette. Filed By: MATTHEW P O'GRADY
- ummons Returned Non-Est Document ID - 22-SMOS-23; Served To - BURNETTE, JOHNNY; Server - ; Served Date - 07-JUN-22; Served Time - 14:00:00; Service Type - Civil Process Server; Reason Description - Non-est
- otice of Service Affidavit of NON-SERVICE on Deft Johnny Burnette. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- ummons Returned Non-Est Document ID - 22-SMCC-161; Served To - SHIVA GANESH LLC D/B/A SUPER 8; Server - ; Served Date - 14-JUN-22; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Non-est; Service Text - NON EST
- otice of Service Affidavit of NON-SERVICE on Deft Shiva Ganesh LLC dba Super 8. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- ummons Issued-Circuit Document ID: 22-SMOS-23, for BURNETTE, JOHNNY.
- ummons Issued-Circuit Document ID: 22-SMCC-161, for SHIVA GANESH LLC D/B/A SUPER 8.
- equest Filed Request for Alias Summons and Memorandum to Clerk - Johnny Burnette. Filed By: MATTHEW P O'GRADY
- equest Filed Request for Alias Summons and Memorandum to Clerk - Shiva Ganesh LLC dba Super 8. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
- ummons Issued-Circuit Document ID: 22-SMOS-12, for BURNETTE, JOHNNY.
- ummons Issued-Circuit Document ID: 22-SMCC-106, for SHIVA GANESH LLC D/B/A SUPER 8.
- iling Info Sheet eFiling Filed By: MATTHEW P O'GRADY
- ote to Clerk eFiling Filed By: MATTHEW P O'GRADY
- et Filed in Circuit Ct Petition. Filed By: MATTHEW P O'GRADY On Behalf Of: CHADRICK DAVID KELLY
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