MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court is the Motion for Summary Judgment filed by defendants Kemper Design Center, Inc., Jerome Berkemeyer, Jim Berkemeyer, and Edward Spar (Docket No. 15), to which the plaintiff has filed a response (Docket No. 20), and in support of which the defendants have filed a reply (Docket No. 21). For the reasons discussed below, the defendants' motion will be granted in part and denied in part. FACTS Defendant Kemper Design Center,...
MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Plaintiff, Teresa Byrd, filed this action under the Employees Retirement Income Security Act ("ERISA"), 29 U.S.C. 1001 et seq. seeking an award of long-term disability benefits ("LTD") from Defendant Prudential Insurance Company of America, the Administrator of Plaintiff's employee benefits plan. The Defendant filed the Administrative Record ("AR") (Docket Entry No. 15). Before the Court is Plaintiff's motion for judgment on the...
MEMORANDUM OPINION THOMAS A. WISEMAN, JR., Senior District Judge. Plaintiff Barbara Weaver originally filed this action in the Circuit Court for Sumner County, Tennessee on March 22, 2010, asserting claims under state law for promissory estoppel, negligence, and breach of fiduciary duty, and seeking as damages the value of an insurance policy insuring Plaintiff's ex-husband Johnny Weaver, deceased. Defendants removed the matter to this Court on May 4, 2010, on the grounds that the policy...
MEMORANDUM TODD J. CAMPBELL, District Judge. Pending before the Court is Defendant's Motion for Summary Judgment (Docket No. 3485). For the reasons stated herein, Defendant's Motion is GRANTED. FACTS Plaintiff Robert Foster brings this action as the personal representative of Betty Foster, deceased, alleging that Defendant's drugs, Aredia and Zometa, caused Mrs. Foster to develop osteonecrosis of the jaw ("ONJ"). Plaintiff alleges state law causes of action for strict liability and...
ORDER TODD J. CAMPBELL, District Judge. Pending before the Court, among other things, is Defendant's Daubert Motion to Exclude Causation Testimony of Plaintiffs' Non-Retained Experts (Docket No. 3494). Defendant seeks to exclude any causation opinion testimony from Drs. Smith, Meyer, Haidak, Yazdani, Yeung, Mathur, Obeid and Zamaludin as inadmissible under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). For the reasons stated herein,...
ORDER JOHN T. NIXON, Senior District Judge. Pending before the Court is Defendant Lebanon HMA Inc. d/b/a University Medical Center's ("Defendant" or "UMC") Motion for Summary Judgment ("Motion") (Doc. No. 58), which was filed along with a Concise Statement of Undisputed Material Facts ("Statement of Undisputed Facts") (Doc. No. 58-1) and a Memorandum in Support ("Memorandum") (Doc. No. 59). Plaintiff Jeremy Anthony Burd ("Plaintiff"), as next Friend and Executor of the estate of Jason Ashley...
MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court is the Motion for Summary Judgment as to the Odometer Act claim filed by defendants Nissan North America, Inc. and Nissan Motor Co., Ltd. (Docket No. 85), to which the plaintiffs have filed a response (Docket No. 98), and in support of which the defendants have filed a reply (Docket No. 107). Also pending is the Motion to Disqualify filed by the plaintiffs (Docket No. 101), to which the defendants have filed a response (...
MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Plaintiff, AIA Engineering Limited ("AIA"), an India corporation, filed this action under 28 U.S.C. 2201, et seq., the declaratory judgment statutes against the Defendants: Magotteaux International S/A, a Belgian corporation and Magotteaux, Inc., an affiliated Tennessee corporation ("Magotteaux"). AIA seeks a declaratory judgment that its products do not infringe Magotteaux's U.S. Patent No. RE 39,998 (the "998 patent"), a reissue patent...
MEMORANDUM THOMAS A. WISEMAN, JR., Senior District Judge. This is a diversity action involving alleged water damage to several multi-unit residential complexes. Pending before the Court is a Motion for Partial Summary Judgment filed by Plaintiffs Gary R. Prince Revocable Trust, Gary R. Prince Trustee, Gary Prince, Christopher Campbell, William Liston and Diana L. Liston (Docket Entry No. 29). Also pending are separate Motions for Summary Judgments filed by Defendant DBS & Associates of...
MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Plaintiff, Michael Smith, a Tennessee citizen, filed this action under 28 U.S.C. 1331 and 1343 and under 28 U.S.C. 1332, the federal diversity statute, against Defendant, C.R. Bard, Inc., a New Jersey corporation, asserting claims of retaliatory discharge under the False Claims Act, 31 U.S.C. 3730(h), ("FCA"), the Tennessee Public Protection Act, Tenn. Code Ann. 50-1-304, ("TPPA"), Tennessee common law, and the Tennessee False...
MEMORANDUM ROBERT L. ECHOLS, District Judge. In this employment discrimination action, Defendant, The Cato Corporation ("Cato"), has filed a Motion for Summary Judgment (Docket Entry No. 17), to which Plaintiff Jilriale Lyle has filed a Response and Memorandum in opposition (Docket Entry Nos. 23 & 24), and Defendant has filed a Reply (Docket Entry No. 27). FACTUAL BACKGROUND Together, the parties present 180 separate statements of facts which are allegedly undisputed. To place those facts...
ORDER ALETA A. TRAUGER, District Judge. On June 21, 2010, the Magistrate Judge issued a Report and Recommendation (Docket No. 55), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Plaintiffs' Motion For Summary Judgment (Docket No. 49) is GRANTED as to the plaintiffs' claims for false marking, direct...
MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Plaintiff, Borescopes R US, a Tennessee sole proprietorship, filed this action under the Lanham Act, 15 U.S.C. 1114, 1125(a), the federal trademark statute, against Defendant, 1800Endoscope.com, LLC, a Florida limited liability company, asserting claims of trademark-infringement and unfair-competition under federal law, unfair-competition under Tennessee common law, and violations of the Tennessee Consumer Protection Act, Tenn.Code Ann....
MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Plaintiffs, Claude Grant, Oralene Day, Princess Martindale, Faletha Reid, Darryl McKibbens, Darrel Gant, Antonia McKissack, Pamela Tucker, and Sandra Derrick, individually and on behalf of all other similarly situated, filed this class action under Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. 2000e et seq., and 42 U.S.C. 1981 against the Defendant Metropolitan Government of Nashville and Davidson...
MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court is the defendant Davidson Transit Organization's (DTO's) Motion for Summary Judgment (Docket No. 88). For the reasons discussed herein, this motion will be granted, and this case will be dismissed. FACTUAL AND PROCEDURAL BACKGROUND The plaintiff, Dujuan Thompson, began working for the defendant DTO as a bus operator on January 8, 1995. 1 DTO provides bus operators and other personnel to the Metropolitan Transit...
MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court are the Second Motion to Amend Complaint filed by plaintiff Edward Jerome Harbison (Docket No. 169), to which the defendants have filed a response (Docket No. 171) and the plaintiff has filed a reply (Docket No. 175), and the defendants' Motion to Vacate Injunction and Enter Judgment (Docket No. 172), to which the plaintiff has filed a response (Docket No. 176). For the reasons discussed below, the plaintiff's motion...
MEMORANDUM OPINION THOMAS A. WISEMAN, JR., Senior District Judge. Before the Court are three separate motions filed by Defendants Sumner County Board of Education ("Board") or Donna Weidenbenner: (1) Motion to Strike (Doc. No. 20), filed by the Board, seeking to strike the allegations set forth in Paragraph 7 of the Complaint; (2) Motion to Dismiss (Doc. No. 22), filed by the Board pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, seeking dismissal on the...
MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court is the Motion for Summary Judgment filed by the plaintiffs (Docket No. 61), the response filed by defendants Volunteer Staffing, Inc. and Baley Allred III (Docket No. 67), the response filed by defendant Home Health Care of Middle Tennessee LLC (Docket No. 68), and the plaintiffs' reply (Docket No. 70). For the reasons discussed below, the plaintiffs' motion will be granted in part and denied in part. FACTS The...
MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court is the defendant's Motion to Strike Class Allegations and Motion to Dismiss the First Amended Complaint (Docket No. 27), the plaintiffs' response (Docket No. 33), and the defendant's reply (Docket No. 36). For the reasons discussed below, the defendant's motion will be granted in part and denied in part. BACKGROUND This is the defendant's second combined Motion to Strike and Motion to Dismiss. The court previously...
MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court is the defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(2)(3) and (6) (Docket No. 77). For the reasons discussed herein, the defendants' motion will be denied. FACTUAL AND PROCEDURAL BACKGROUND This case arises out of securities fraud violations that were the subject of several related lawsuits that are now consolidated before this court under Waldemar E. Albers Revocable Trust, et al., v....
