Bonner v. United Parcel Service, Inc. et al
| Tennessee Middle District Court | |
| Judge: | William L Campbell, Jr |
| Referred: | Barbara D Holmes |
| Case #: | 3:17-cv-01586 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Dec 18, 2017 |
| Terminated: | Sep 12, 2018 |
| Last checked: Saturday Jun 16, 2018 3:36 AM CDT |
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Defendant
International Brotherhood of Teamsters
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Defendant
National Diagnostic, Inc.
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Represented By
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Defendant
United Parcel Service, Inc.
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Represented By
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Plaintiff
Reginald Bonner
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Represented By
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GPO
Aug 02 2018
MEMORANDUM OPINION OF THE COURT. Signed by District Judge William L. Campbell, Jr on 8/2/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
| Docket last updated: 2 hours ago |
| Friday, May 10, 2019 | ||
| 44 | 44
appeal
USCA Mandate
Fri 05/10 11:38 AM
6CCA MANDATE: Pursuant to the court's disposition that was filed 03/19/2019 the mandate for this case hereby issues today. COSTS: None. Karen S. Fultz, Case Manager. (mg) |
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| Monday, April 29, 2019 | ||
| 43 | 43
appeal
USCA Order
Tue 04/30 2:22 PM
6CCA ORDER: Upon consideration of Appellant's motion to extend time to file a petition for rehearing, And upon further consideration of the petition for rehearing, It is ORDERED that the motion to extend time to file the petition is GRANTED and the petition for rehearing is DENIED. Deborah S. Hunt, Clerk. (mg) |
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| Tuesday, March 19, 2019 | ||
| 42 | 42
appeal
Information Copy
Tue 03/19 5:15 PM
6CCA INFORMATION COPY: The judgment of the district court is affirmed. Cathryn Lovely, Opinions Deputy. MANDATE TO ISSUE. (mg) |
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| Wednesday, September 12, 2018 | ||
| 41 | 41
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pgs
order
Order Dismissing Case ~Util - Terminate Motions
Wed 09/12 3:22 PM
ORDER: Pending before the Court is Plaintiff's Notice of Voluntary Dismissal of International Brotherhood of Teamsters, as authorized by Fed. R. Civ. P. 41 (a). (Doc. No.40 ). Accordingly, this action is DISMISSED, without prejudice, and the Clerk is directed to close the file. Signed by District Judge William L. Campbell, Jr on 9/12/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) |
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| Tuesday, September 11, 2018 | ||
| 40 | 40
notice
Notice of Voluntary Dismissal
Tue 09/11 10:49 AM
NOTICE of Voluntary Dismissal by Reginald Bonner (Foy, Robert) |
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| Tuesday, September 04, 2018 | ||
| 39 | 39
appeal
USCA Case Number
Tue 09/04 3:25 PM
6CCA Case Number 18-5918 re38 Notice of Appeal filed by Reginald Bonner. Karen S. Fultz, Case Manager. (mg) |
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| Friday, August 31, 2018 | ||
| 38 | 38
appeal
Notice of Appeal
Fri 08/31 8:32 PM
NOTICE OF APPEAL as to36 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,, by Reginald Bonner. Filing fee $ 505, receipt number 0650-2743955. (Foy, Robert) |
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| Wednesday, August 29, 2018 | ||
| 37 | 37
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pgs
order
Order
Thu 08/30 8:44 AM
ORDER: It does not appear from the docket that the Clerk of Court sent a notice to counsel of his requirement to retain local co-counsel, but the onus is on counsel to be familiar with the Court's rules when applying for pro hac vice admission. Therefore, within 14 days of the entry of this Order, Mr. Wilten shall retain local co-counsel to appear on his behalf by filing a Notice of Appearance. The Court will accept the appellate Certificate of Good Standing as filed. Signed by Magistrate Judge Barbara D. Holmes on 8/29/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (am) |
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| Thursday, August 02, 2018 | ||
| 36 | 36
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order
Order on Motion to Dismiss/Lack of Jurisdiction
Fri 08/03 8:54 AM
ORDER denying13 Motion to Dismiss for Lack of Jurisdiction; granting16 Motion to Dismiss. Pending before the Court are Defendant National Diagnostics, Inc., (NDI)'s Motion to Dismiss under Rules 12(b)(2) and 12(b) (6) (Doc. No. 13), and Defendant United Parcel Service, Inc., (UPS)'s Motion to Dismiss under Rule 12(b)(6). (Doc. No. 16). For the reasons set forth in the accompanying Memorandum, NDI's Rule 12(b)(2) motion to dismiss is DENIED, and NDI's and UPS's Rule 12(b)(6) motions to dismiss are GRANTED. Defendants NDI and UPS are DISMISSED with prejudice from this action. Signed by District Judge William L. Campbell, Jr on 8/2/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (am) |
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| 35 | 35
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pgs
order
Memorandum Opinion of the Court
Fri 08/03 8:49 AM
MEMORANDUM OPINION OF THE COURT. Signed by District Judge William L. Campbell, Jr on 8/2/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (am) |
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| Monday, July 30, 2018 | ||
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misc
Annotation - Docket
Mon 07/30 9:27 AM
NOTICE TO COUNSEL (Gary S. Wilten): WITHIN 21 DAYS, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted. (am) |
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misc
Annotation - Bar Status
Mon 07/30 9:28 AM
DC State Bar status verified as active for Gary Witlen. (am) |
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| Friday, July 27, 2018 | ||
| 34 | 34
notice
Notice of Appearance
Fri 07/27 4:32 PM
NOTICE of Appearance by Gary Witlen on behalf of International Brotherhood of Teamsters. (am) |
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| 33 | 33
motion
Appear Pro Hac Vice
Fri 07/27 4:31 PM
MOTION for attorney(s) Gary S. Wilten to Appear Pro Hac Vice (paid) by International Brotherhood of Teamsters.(am) |
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Att: 1
Attachment - Certificate of Good Standing
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| Tuesday, June 05, 2018 | ||
| 32 | 32
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pgs
order
Order on Motion to Stay
Tue 06/05 2:04 PM
ORDER granting in part31 Joint Motion to Stay Case Management Conference and Other Case Deadlines. Signed by Magistrate Judge Barbara D. Holmes on 6/5/2018. (Gary Witlen sent a copy of the order by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (am) |
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utility
Set/Reset Hearings
Tue 06/05 2:06 PM
Set/Reset Hearings: Initial Case Management Conference reset for 9/19/2018 at 10:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (am) |
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| Monday, May 21, 2018 | ||
| 31 | 31
motion
Stay
Mon 05/21 9:30 AM
Joint MOTION to Stay re14 Memorandum in Support,16 MOTION to Dismiss ,13 MOTION to Dismiss for Lack of Jurisdiction ,21 Order,, Set Hearings,17 Memorandum in Support Joint Motion to Stay Rule 26(f) Case Management Conference and Other Case Deadlines by United Parcel Service, Inc.. (Peake, John) |
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| Wednesday, April 11, 2018 | ||
| 30 | 30
order
Appear Pro Hac Vice
Wed 04/11 2:17 PM
ORDER granting28 Motion for Fenita Morris-Shepard to Appear Pro Hac Vice. Signed by Magistrate Judge Barbara D. Holmes on 4/11/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (am) |
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| 29 | 29
misc
Receipt
Wed 04/11 11:02 AM
RECEIPT #34675049943 in the amount of $75.00 posted by United Parcel Service, Inc. re28 Motion to Appear Pro Hac Vice. (am) |
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misc
Annotation - Bar Status
Wed 04/11 11:07 AM
NC State Bar status verified as active for Fenita Morris-Shepard. (am) |
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| Tuesday, April 10, 2018 | ||
| 28 | 28
motion
Appear Pro Hac Vice
Wed 04/11 10:54 AM
Motion for Attorney to Pro Hac Vice by United Parcel Service, Inc.(am) Modified Text on 4/11/2018 (am) |
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Att: 1
Attachment - Certificate of Good Standing
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| Wednesday, March 28, 2018 | ||
| 27 | 27
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order
Order on Motion for Miscellaneous Relief
Thu 03/29 9:06 AM
ORDER: Pending before the Court is Defendant's motion (Docket No. 26) to waive the local counsel requirement found in Local Rule 83.01(h)(1). As grounds, Defendant's counsel, John Day Peake, III, states that he is admitted to the Middle District of Tennessee and maintains an office at 315 Deaderick Street in Nashville. Although Mr. Peake correctly included his local address on his notice of appearance (Docket No. 9), the record of his admission to the Middle District of Tennessee was apparently under a different address outside the district, which caused the confusion about Mr. Peake's status and further resulted in the mistaken notice to associate local counsel. The Clerk will update Mr. Peake's address based on filings in this case. Mr. Peake is reminded however that it is his responsibility to notify the Court of any change of address. Given that Mr. Peake is a member of the bar of this Court and maintains an office in Tennessee, the local counsel requirement is not implicated and the motion to waive the requirement is therefore moot. The Clerk is directed to terminate the motion (Docket No. 26). Signed by Magistrate Judge Barbara D. Holmes on 3/28/2018. (am) |
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| Tuesday, March 27, 2018 | ||
| 26 | 26
motion
Miscellaneous Relief
Tue 03/27 3:35 PM
MOTION Motion to Waive Local Counsel Requirements of Local Rule 83.01(h)(1) by United Parcel Service, Inc.. (Peake, John) |
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| 25 | 25
respm
Reply to Response to Motion
Tue 03/27 3:03 PM
REPLY to Response to Motion re16 MOTION to Dismiss filed by United Parcel Service, Inc.. (Peake, John) |
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| 24 | 24
respm
Reply to Response to Motion
Tue 03/27 11:50 AM
REPLY to Response to Motion re13 MOTION to Dismiss for Lack of Jurisdiction filed by National Diagnostic, Inc.. (Scruggs, Roger) |
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| Tuesday, March 20, 2018 | ||
| 23 | 23
respm
Response in Opposition to Motion
Tue 03/20 9:31 PM
RESPONSE in Opposition re16 MOTION to Dismiss ,13 MOTION to Dismiss for Lack of Jurisdiction and Memorandum of Law filed by Reginald Bonner. (Foy, Robert) |
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| Monday, March 19, 2018 | ||
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misc
Annotation - Bar Status
Mon 03/19 10:13 AM
TN State Bar status verified as active for C. Eric Stevens. (am) |
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| Friday, March 16, 2018 | ||
| 22 | 22
notice
Notice of Appearance
Fri 03/16 11:33 AM
NOTICE of Appearance by C. Eric Stevens on behalf of National Diagnostic, Inc. (Stevens, C.) |
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| Thursday, March 15, 2018 | ||
| 21 | 21
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order
Order ~Util - Set Hearings
Fri 03/16 8:13 AM
ORDER: Initial Case Management Conference set for 6/13/2018 at 10:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 3/15/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (am) |
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| Wednesday, March 14, 2018 | ||
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misc
Annotation - Local Counsel
Wed 03/14 11:20 AM
NOTICE TO COUNSEL John Day Peake, III: WITHIN 14 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(h)). Appearance by local counsel due by 3/28/2018. (am) |
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| Monday, March 12, 2018 | ||
| 20 | 20
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pgs
order
Order on Motion for Leave to File Document Under Seal
Mon 03/12 3:33 PM
ORDER granting11 Motion for Leave to File Document Under Seal. Signed by District Judge William L. Campbell, Jr on 3/12/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (am) |
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| Thursday, March 08, 2018 | ||
| 19 | 19
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order
Order Referring Case to Magistrate Judge
Thu 03/08 3:55 PM
ORDER REFERRING CASE to Magistrate Judge Barbara D. Holmes. Signed by District Judge William L. Campbell, Jr on 3/8/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (am) |
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| Wednesday, March 07, 2018 | ||
| 18 | 18
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order
Order Reassigning Case 1 - Terminate Hearings
Wed 03/07 3:21 PM
ORDER REASSIGNING CASE. Case reassigned to District Judge William L. Campbell, Jr for all further proceedings. District Judge Aleta A. Trauger no longer assigned to case. Signed by District Judge Aleta A. Trauger on 3/7/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (am) |
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| Tuesday, March 06, 2018 | ||
| 17 | 17
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pgs
respoth
Memorandum in Support
Tue 03/06 5:01 PM
MEMORANDUM in Support of16 MOTION to Dismiss filed by United Parcel Service, Inc. . (Peake, John) |
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| 16 | 16
motion
Dismiss
Tue 03/06 4:59 PM
MOTION to Dismiss by United Parcel Service, Inc.. (Peake, John) |
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| 15 | 15
misc
Corporate Disclosure Statement
Tue 03/06 4:19 PM
CORPORATE DISCLOSURE STATEMENT filed by National Diagnostic, Inc.. (Scruggs, Roger) |
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| 14 | 14
14
pgs
respoth
Memorandum in Support
Tue 03/06 4:18 PM
MEMORANDUM in Support of13 MOTION to Dismiss for Lack of Jurisdiction filed by National Diagnostic, Inc. .(Scruggs, Roger) |
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Att: 1
Exhibit Declaration of Todd Simo, M.D.,
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Att: 2
Exhibit Unpublished Cases
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| 13 | 13
motion
Dismiss/Lack of Jurisdiction
Tue 03/06 4:15 PM
MOTION to Dismiss for Lack of Jurisdiction by National Diagnostic, Inc.. (Scruggs, Roger) |
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| 12 | 12
misc
Sealed Document
Tue 03/06 4:09 PM
Sealed Document filed by National Diagnostic, Inc.. (Scruggs, Roger) |
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| 11 | 11
motion
Leave to File Document under Seal
Tue 03/06 4:05 PM
MOTION for Leave to File Document Under Seal by National Diagnostic, Inc.. (Scruggs, Roger) |
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| Thursday, February 15, 2018 | ||
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misc
Annotation - Bar Status
Thu 02/15 11:41 AM
TN State Bar status verified as active for J. Day Peake, III. (am) |
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misc
Annotation - Not Admitted
Thu 02/15 11:45 AM
NOTICE TO COUNSEL J. Day Peake, III: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at[LINK:http://w ww.tnmd.uscourts.gov/files/applicationforadmission3.pdf] (LR 83.01(a)). Admission due by 3/8/2018. (am) |
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| Wednesday, February 14, 2018 | ||
| 10 | 10
misc
Corporate Disclosure Statement
Wed 02/14 3:03 PM
CORPORATE DISCLOSURE STATEMENT filed by United Parcel Service, Inc.. (Peake, J.) |
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| 9 | 9
notice
Notice of Appearance
Wed 02/14 3:02 PM
NOTICE of Appearance by J. Day Peake, III on behalf of United Parcel Service, Inc. (Peake, J.) |
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| Tuesday, February 13, 2018 | ||
| 8 | 8
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order
Order
Tue 02/13 3:06 PM
ORDER: Given the fact that the response deadline has not yet passed, it is hereby ORDERED that the initial case management conference scheduled for February 16, 2018 is CONTINUED and RESET for March 19, 2018 at 3:15 p.m. Signed by District Judge Aleta A. Trauger on 2/12/18. (am) |
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utility
Set/Reset Hearings
Tue 02/13 3:06 PM
Set/Reset Hearings: Case Management Conference set for 3/19/2018 at 03:15 PM in Chambers 825 before District Judge Aleta A. Trauger. (am) |
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| Tuesday, February 06, 2018 | ||
| 7 | 7
service
Waiver of Service Executed
Tue 02/06 4:34 PM
WAIVER OF SERVICE Returned Executed by Reginald Bonner. International Brotherhood of Teamsters waiver sent on 1/5/2018. (Foy, Robert) |
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| Thursday, February 01, 2018 | ||
| 6 | 6
service
Waiver of Service Executed
Thu 02/01 8:37 AM
WAIVER OF SERVICE Returned Executed by Reginald Bonner. United Parcel Service, Inc. waiver sent on 1/5/2018. (Foy, Robert) |
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| Tuesday, December 19, 2017 | ||
| 5 | 5
service
Summons Issued
Tue 12/19 11:46 AM
Summons issued as to International Brotherhood of Teamsters, National Diagnostic, Inc., United Parcel Service, Inc. (Service packets mailed to Attorney.) (am) |
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| 4 | 4
notice
Notice of Case Management Conference
Tue 12/19 11:39 AM
NOTICE of Initial Case Management Conference set for 2/16/2018 at 10:00 AM in Chambers 825 before District Judge Aleta A. Trauger. (am) |
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| 3 | 3
notice
Notice of Corporate Disclosure Statement Filing Requirement
Tue 12/19 11:03 AM
NOTICE of Corporate Disclosure Statement filing requirement. (am) |
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| 2 | 2
notice
Notice/Information re Consent of the Parties to MJ
Tue 12/19 11:02 AM
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
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misc
Annotation - Bar Status
Tue 12/19 11:08 AM
TN State Bar status verified as active for Robert J. Foy. (am) |
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| Monday, December 18, 2017 | ||
| 1 | 1
cmp
Complaint
Tue 12/19 11:02 AM
COMPLAINT against International Brotherhood of Teamsters, National Diagnostic, Inc., United Parcel Service, Inc. (Filing fee $400, Receipt number 0650-2576903), filed by Reginald Bonner.(am) |
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Att: 1
Attachment - Civil Cover Sheet
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