Ohio Southern District Court
Judge:James L Graham
Referred: Chelsey M Vascura
Case #: 2:22-cv-03988
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1332 Diversity-(Citizenship)
Case Filed:Nov 14, 2022
Terminated:Sep 21, 2023
Last checked: Saturday May 13, 2023 5:01 AM EDT
Defendant
DD&D Trucking, LLC
831 Acorn Dr
Rustburg, VA 24588
Represented By
Timothy Eugene McKay
contact info
Defendant
Kimberly Graybeal
469 Hutton Dr
Marion, VA 24354
Represented By
Timothy Eugene McKay
contact info
Defendant
Ohio Department of Medicaid
Represented By
Dennis V Yacobozzi, II
Yacobozzi Drakatos LLC
contact info
Plaintiff
Gary Berner
1004 Delaware St
Washington Court House, OH 43160
Represented By
Monica Lynn Carson
Jones Kahan Law, LLC
contact info
Joel A Buckley
Jones Kahan Law, LLC
contact info
Michael Scott Kahan
Jones Kahan Law, LLC
contact info
David M. Jones
Jones Kahan Law, LLC
contact info


Docket last updated: 04/25/2025 11:59 PM EDT
Thursday, September 21, 2023
utility Terminate Civil Case Thu 09/21 4:33 PM
***Civil Case Terminated. (vb)
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Wednesday, September 20, 2023
14 14 misc Stipulation of Dismissal Wed 09/20 3:25 PM
STIPULATION of Dismissal With Prejudice by Defendant DD&D Trucking, LLC. (McKay, Timothy)
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Tuesday, July 11, 2023
12 12 med Notice Setting Mediation Tue 07/11 1:08 PM
Notice of Mediation Conference: Mediator Jack R. Pigman to conduct mediation in Porter Wright 41 South High Street Columbus,Ohio. Mediation Hearing set for 9/7/2023 at 10:00 AM. (Pigman, Jack)
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Tuesday, June 27, 2023
med Notice Designating Mediator Tue 06/27 9:47 AM
NOTICE DESIGNATING MEDIATOR: Roger P Sugarman assigned as mediator to this case. Within 14 days, the mediator and parties will confer to set a date, time, and location for mediation in August 2023, or within 60 days of this notice . The mediator will then file a Notice Setting Mediation. (kk2)
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med Notice Designating Mediator Tue 06/27 2:31 PM
NOTICE DESIGNATING MEDIATOR: Jack R Pigman assigned as mediator to this case. Previously assigned mediator is unavailable. Within 14 days, the new mediator and parties will confer to set a date, time, and location for mediation in August 2023, or within 60 days of this notice . The mediator will then file a Notice Setting Mediation. (kk2)
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Friday, June 16, 2023
11 11 notice Notice Determining Readiness of Mediation (Columbus) Fri 06/16 11:15 AM
NOTICE: Counsel shall confer and notify the Court at[LINK:ADR@ohsd.uscourts.gov] within 10 days if this case should NOT proceed with mediation in August 2023 . If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm EST on 6/26/2023 . (kk2)
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Friday, January 06, 2023
10 10 2 pgs order Order Fri 01/06 3:19 PM
ORDER striking ECF No.9 Notice by Defendants DD&D Trucking, LLC, Kimberly Graybeal 26(a)Disclosures. Defendants are ORDERED to cease filing discovery documents, or certificates of their service, until they are used in a proceeding or the Court orders otherwise. Signed by Magistrate Judge Chelsey M. Vascura on 1/6/2023. (daf)
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Thursday, January 05, 2023
9 9 notice Notice (Other) Thu 01/05 12:12 PM
NOTICE by Defendants DD&D Trucking, LLC, Kimberly Graybeal 26(a )Disclosures (McKay, Timothy)
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Wednesday, December 21, 2022
8 8 order Columbus Preliminary Pretrial Order Wed 12/21 4:48 PM
PRELIMINARY PRETRIAL ORDER: The January 4, 2023 preliminary pretrial conference is VACATED. Joinder of Parties due by 4/7/2023. Motions to Amend due by 4/7/2023. Initial Disclosures due by 1/6/2023. Discovery due by 10/28/2023. Dispositive motions due by 12/9/2023. Primary Expert due by 6/2/2023. Rebuttal Expert due by 9/8/2023. Settlement Demand due by 5/1/2023. Response to Settlement Demand due by 7/10/2023. Mediation Deadline: 8/2023. Signed by Magistrate Judge Chelsey M. Vascura on 12/21/2022. (daf)
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Tuesday, December 20, 2022
7 7 misc Rule 26(f) Report Tue 12/20 3:26 PM
RULE 26(f) REPORT by Defendant DD&D Trucking, LLC. (McKay, Timothy)
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Thursday, December 08, 2022
6 6 notice Notice of Hearing Thu 12/08 11:39 AM
NOTICE of Hearing: Initial Conference set for 1/4/2023 01:00 PM in Teleconference before Magistrate Judge Chelsey M. Vascura. (agm)
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Friday, November 18, 2022
5 5 answer Answer to Complaint Fri 11/18 10:24 AM
ANSWER to2 Complaint filed originally in Fayette County on 10/25/2022 by Ohio Department of Medicaid. (er)
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Tuesday, November 15, 2022
4 4 misc Corporate Disclosure Statement Tue 11/15 1:59 PM
Corporate Disclosure Statement by Defendants DD&D Trucking, LLC, Kimberly Graybeal, Northland Insurance Company, Northland Insurance Company identifying Corporate Parent Northland Insurance Company for DD&D Trucking, LLC, Kimberly Graybeal.. (McKay, Timothy)
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Monday, November 14, 2022
3 3 answer Answer to Complaint Mon 11/14 10:26 PM
ANSWER to2 Complaint with Jury Demand filed originally in Fayette County CPC on 11/11/2022 by DD&D Trucking, LLC and Kimberly Graybeal. (er)
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2 2 cmp Complaint Mon 11/14 10:23 PM
COMPLAINT with JURY DEMAND filed originally in Fayette County CPC on 10/17/2022 by Gary Berner against DD&D Trucking, LLC, Kimberly Graybeal, Ohio Department of Medicaid. (er) Modified name of county court on 11/14/2022 (er)
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1 1 notice Notice of Removal Mon 11/14 11:02 AM
NOTICE OF REMOVAL from Fayette County Court of Common Pleas, case number CVH 2022 0379 ( Filing fee $ 402 paid - receipt number: AOHSDC-9138087), filed by Kimberly Graybeal, DD&D Trucking, LLC. (McKay, Timothy)
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Att: 1 Exhibit Complaint and Summons,
Att: 2 Exhibit Answer re DD& D Trucking and Kimberly Graybeal,
Att: 3 Civil Cover Sheet,
Att: 4 Supplemental Civil Cover Sheet,
Att: 5 Exhibit Notice of Appearance re Tim McKay