CASE MANAGEMENT ORDER WILLIAM J. HAYNES, Jr., District Judge. I. Jurisdiction and Venue Resolved : This Court has jurisdiction over Plaintiffs' claims brought pursuant to the FLSA, 29 U.S.C. 216(b), because they raise a federal question pursuant to 28 U.S.C. 1331. Venue for this action properly lies in the Middle District of Tennessee, pursuant to 28 U.S.C. 1391, because Defendant resides in this judicial district and because the claims arose in this judicial district. Disputed :...
INITIAL CASE MANAGEMENT ORDER #1 JULIET E. GRIFFIN, Magistrate Judge. The parties, by and through undersigned counsel, and pursuant to LR 16.01 and Rule 26(f) of the Federal Rules of Civil Procedure, hereby submit this Initial Case Management Order: I. Jurisdiction and Venue (LR 16.01(d)(2)a.) Plaintiff alleges that this Court has subject matter jurisdiction pursuant to 28 USC 1332(a) (diversity of citizenship and with an amount in controversy consistent with the jurisdictional...
CORRECTED JOINT STIPULATION OF DISMISSAL WITH PREJUDICE KEVIN H. SHORP, Judge. Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Rita Crowder and G.UB.MK Constructors; GUBMK Constructors, acting through their respective counsel of record, hereby stipulate that Plaintiff's action against the Defendants in this case is dismissed with prejudice, with each party to bear their own fees and costs, including any discretionary costs.
AGREED PROTECTIVE ORDER ALETA A. TRAUGER, District Judge. The undersigned parties to this action, by their respective attorneys, have reached agreement as to the following Protective Order relating to the disclosure of Confidential Information. This Order shall apply to, and may be relied upon by, any person or entity producing or disclosing information in relation to this action. 1. The party disclosing information it claims to be confidential in nature shall place an appropriate label on...
MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court are motions for summary judgment filed by defendants Walgreen Co. ("Walgreens") (Docket No. 41), Wal-Mart Stores East, L.P. ("Wal-Mart") (Docket No. 43), K-Mart Corporation (Docket No. 44), and Tennessee CVS Pharmacy, L.L.C. ("CVS") (Docket No. 46), to which the plaintiff, Dr. Joyce Brown, has filed Responses in opposition (Docket Nos. 53 (Walgreens), 55 (Wal-Mart), 54 (K-Mart), and 56(CVS)). 1 For the reasons stated...
MEMORANDUM KEVIN H. SHARP, District Judge. Pending before the Court are cross-motions for partial summary judgment, (Docket Nos. 206 & 210), on Plaintiffs' Fair Labor Standards Act and state-law claims, which have been fully briefed by the parties, (Docket Nos. 206-1, 210-1, 222, 226, 233, 235). Also before the Court is Defendants' motion for reconsideration of a prior order denying Defendants' motion to dismiss Plaintiffs' claim under 50-2-101(b) of the Tennessee Wage Regulation Act, (...
STIPULATED PROTECTIVE ORDER JOE B. BROWN, Magistrate Judge. Plaintiff Ronald Watkins and Defendant Schneider Electric USA, Inc., (collectively referred to as "the Parties"), by their respective attorneys, pursuant to Fed. R. Civ. P. 26(c), hereby agree as follows: 1. The Parties anticipate that discovery in this case will call for the Parties to produce and/or disclose "Confidential Information," as that term is defined below. The Parties are willing to produce/disclose Confidential...
MEMORANDUM ALETA A. TRAUGER, District Judge. Defendants General Electric Company, GE Healthcare AS, and GE Healthcare, Inc. (collectively, "GE") have filed a Motion for Summary Judgment (Docket No. 35). For the reasons stated herein, the motion will be granted, and the plaintiff's claims will be dismissed. BACKGROUND I. Facts and Procedural History Marye Wahl, a resident of Nashville, Tennessee since 1999, suffers from nephrogenic systemic fibrosis ("NSF"). NSF is a progressive,...
MEMORANDUM KEVIN H. SHARP, District Judge. Plaintiffs Karl Tartt and Cedric Jennings, two African-American men, bring individual race-discrimination claims against Defendant Wilson County, Tennessee for failing to hire them for positions in county government. Tartt submitted an employment application for one position that Wilson County filled at least two months before he applied for it. Jennings never applied for any position. For the following reasons, the Court GRANTS Wilson County's...
MEMORANDUM KEVIN H. SHARP, District Judge. The issue presented by Defendant Wal-Mart's pending Partial Motion to Dismiss or for Summary Judgment is whether Plaintiff can expand a national origin disparate treatment charge before the Equal Employment Opportunity Commission, to a disparate impact claim in this Court based upon a preemployment test. Under the factual circumstances of this case, the Court finds that he cannot, grants Wal-Mart's Motion, and dismisses Plaintiff's disparate impact...
INITIAL CASE MANAGEMENT ORDER ALETA A. TRAUGER, District Judge. A. JURISDICTION: The Court has jurisdiction of this case pursuant to 28 U.S.C. 1332, 1441, and 1446. Jurisdiction is not disputed. B. BRIEF THEORIES OF THE PARTIES: 1) PLAINTIFF: The Plaintiff is a homeowner who has a homeowner's insurance policy ("Policy") with the Defendant. The Plaintiff made a claim under her Policy for sinkhole damages that occurred to her home. Even though the Defendant confirmed that the damage was...
PROPOSED INITIAL CASE MANAGEMENT ORDER ALETA A. TRAUGER, District Judge A Case Management Conference is scheduled to be held in the above-entitled action on Wednesday, October 16, 2013 , at 3:00 p.m. Plaintiffs' counsel has communicated with defense counsel 1 and, as a result, the parties submit the following proposed order for the Court's consideration. A. JURISDICTION: This Court has original jurisdiction pursuant to 28 U.S.C. 1331 and 28 U.S.C. 1343(a), and supplemental...
MEMORANDUM ALETA A. TRAUGER, District Judge. Defendant Lisa A. Sanderson has filed a Motion for Summary Judgment (Docket No. 42), to which the plaintiff, Red Strokes Entertainment, Inc. ("Red Strokes"), filed a Response in opposition (Docket No. 51), and Sanderson has submitted a Reply (Docket No. 56). Sanderson has also filed a Request for Judicial Notice (Docket No. 44) and several "Objections" related to the admissibility of certain evidence (Docket No. 56, Ex. 1), to which Red Strokes...
MEMORANDUM ALETA A. TRAUGER, District Judge. The defendant Chestnut Bend Homeowners Association (the "CBHA" or the "Association") has filed a Motion for Summary Judgment with a supporting memorandum (Docket Nos. 22-26), to which the plaintiffs have filed a Memorandum in Opposition (Docket No. 30). For the reasons discussed herein, the defendant's motion will be granted. FACTUAL BACKGROUND 1 I. Overview The CBHA is a non-profit corporation that serves as the governing body for the...
ORDER TODD J. CAMPBELL, District Judge. Pending before the Court is the Defendant's Motion To Continue Revocation Hearing (Docket No. 692). Through the Motion, the Defendant requests that the Court continue the revocation hearing, currently set for September 12, 2013, because counsel for the Defendant has scheduled military duty on the date of the hearing. The Motion indicates that the parties request a date during the last week of October, 2013. The Motion is GRANTED. Accordingly, the...
REPORT AND RECOMMENDATION E. CLIFTON KNOWLES, Magistrate Judge. This matter is before the Court upon the pro se prisoner Plaintiff's "Motion for Leave to File a Supplemental Complaint." Docket No. 59. Plaintiff seeks to "supplement" his Complaint by averring actions that allegedly occurred after the filing of his Complaint. Id. Plaintiff has contemporaneously filed supporting materials, including his proposed Supplemental Complaint. Docket Nos. 59-1-59-3. Defendants have filed a Response...
ORDER KEVIN H. SHARP, District Judge. Pending before the Court is the Motion to Continue Ms. Landrum's Sentencing Hearing (Docket No. 151) to which the Government does not oppose. The motion is GRANTED and the sentencing hearing set for Monday, September 16, 2013, is hereby rescheduled for Thursday, October 3, 2013, at 2:30 p.m. It is so ORDERED.
ORDER KEVIN H. SHARP, District Judge. The Defendant, Cassie Marie Simpkins, shall appear before the Court on Thursday, October 3, 2013, at 3:30 p.m. to show cause why her supervised release should not be revoked for her failure to abide by the conditions of supervision. The United States Marshal shall produce the Defendant at the hearing. IT IS SO ORDERED.
ORDER JOE B. BROWN, Magistrate Judge. A suggestion of death was filed in this case on May 14, 2013. (DE 6671; Related Case 12) Counsel for the late plaintiff, Michael Bush (Mr. Bush), has timely filed an unopposed motion to substitute the late Mr. Bush's wife, Kathryn Bush (Ms. Bush), as the provisional plaintiff in this case. (DE 6903; Related Case 13) The motion for provisional substitution (DE 6903; Related Case 13) is GRANTED . Counsel is reminded that compliance with the Case...
ORDER TODD J. CAMPBELL, District Judge. Pending before the Court are Plaintiff's Motion for Partial Summary Judgment (Docket No. 139) and Defendant DS Containers, Inc.'s Motion for Partial Summary Judgment (Docket No. 142). For the reasons stated in the accompanying Memorandum, both Motions are DENIED. IT IS SO ORDERED.
