UNITED STATES DISTRICT COURT
FOR THE
EASTERN AND WESTERN DISTRICTS OF KENTUCKY
JOINT GENERAL ORDER No. 2024-02
IN RE: AMENDMENTS TO JOINT LOCAL RULES
* * * * *
Pursuant to LR 83.14 and LCrR 57.7 of the Joint Local Rules of the Eastern and Western
Districts of Kentucky, and pursuant to the authority granted by Rule 83 of the Federal Rules of
Civil Procedure and Rule 57 of the Federal Rules of Criminal Procedure, upon recommendation
of the Joint Local Rules Commission, and in the absence of any comments after Notice, the
Judges of the Eastern and Western Districts hereby ORDER that the following amendments be
made to the Joint Local Rules:
A. LR 81.1 Removal Procedures; Supplemental Filing of State Court Record
and Procedure for Pending State Court Motions – is adopted as follows in
order to provide local rules governing removal procedures, supplementing the
requirement under 28 U.S.C. § 1446(a) (requiring the filing of “all process,
pleadings and orders served upon” the removing party), and under the authority of
28 U.S.C. § 1447(b) (authorizing the district court to “require the removing party
to file with its clerk copies of all records and proceedings” from the state court):
LR 81.1 Removal Procedures; Supplemental Filing of State Court
Record and Procedure for Pending State Court Motions
(a) Supplemental Filing of State Court Record. When removing an action from
state court, within 30 days following the filing of a Notice of Removal, the removing
party must electronically file any portion of the state court record it considers relevant to
the removed action that the removing party did not file at the time of removal pursuant to
28 U.S.C. § 1446(a). When filing any additional portions of the state court record, the
removing party shall organize them in chronological order by state court filing date, shall
include a clear and concise description of each attachment in the description field of each
attachment, and shall also file the state court docket sheet.
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(b) Obligation to Refile Pending State Court Motions. If any motion remains
pending in state court at the time of removal, and if the movant wishes the District Court
to rule on the motion, the party that initially filed the motion must refile the motion in the
District Court case within 14 days after removal. Unless already fully briefed, Responses
and Replies shall be filed in accordance with LR 7.1.
B. LR 7.1.1 Disclosure Statement – is adopted as follows in order to require
citizenship information for certain entities in diversity actions:
LR 7.1.1 Disclosure Statement
(a) Additional Parties Who Must File Disclosure Statements. In diversity
actions, any party, intervenor, or proposed intervenor that is a limited liability company
(LLC), a limited liability partnership (LLP), a limited partnership (LP), or a partnership
must, in the disclosure statement required by Fed. R. Civ. P. 7.1, list those states from
which the owners/members/partners of the LLC, LLP, LP, or partnership are citizens. If
any owner/member/partner of the LLC, LLP, LP, or partnership is another LLC, LLP,
LP, or partnership, then the disclosure statement must also list those states from which
the owners/members/partners of the LLC, LLP, LP, or partnership are citizens.
C. LR 83.2(a) and LCrR 57.2(a) Pro Hac Vice fees – is amended as follows in
order to address the recent addition of renewal fees in the Western District of
Kentucky:
(a) Procedure. An attorney who has not been admitted to the Bar of the Court may
represent parties before the Court if the attorney has paid the prescribed pro hac vice
admission fee to the Clerk of the Court, has been granted leave by the Court to appear pro
hac vice in a particular case, and pays any applicable renewal fee. A separate motion for
each attorney requesting pro hac vice admission must include the following information:
D. LR 16.2 – Confidentiality of Settlement Conference – is amended as follows to
confirm, expressly, that the ADR process is confidential:
LR 16.2 Alternative Dispute Resolution
Upon motion of any party, or sua sponte, any judicial officer may require parties in
civil cases to consider some form of alternative dispute resolution process (“ADR”),
including but not limited to, mediation, early neutral evaluation, minitrial, or arbitration,
as follows:
(a) Mediation may be conducted under the auspices of a private professional
mediator or a judicial officer.
(b) All communications in ADR proceedings are confidential, they are not subject to
discovery, and such communications may not be disclosed to anyone other than the
parties and ADR participants.
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ENTERED
JAMES J. VILT JR., CLERK
8/1/2024
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
