United States Fire Insurance Company v. Norris Bros .Excavating, LLC et al
| Tennessee Middle District Court | |
| Judge: | Waverly D Crenshaw, Jr |
| Referred: | Alistair Newbern |
| Case #: | 2:22-cv-00028 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Jun 22, 2022 |
| Terminated: | Feb 20, 2024 |
| Last checked: Monday Dec 19, 2022 2:47 AM CST |
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Defendant
Jacob Norris
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Represented By
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Defendant
Justin Norris
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Represented By
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Defendant
Norris Bros. Excavating, LLC
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Represented By
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Defendant
Norris Bros. Properties, LLC
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Represented By
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Plaintiff
United States Fire Insurance Company
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Represented By
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GPO
Jan 02 2024
OCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)MEMORANDUM OPINION AND ORDER: Pending before the Court in this breach of contract action against Norris Brothers Excavating, LLC ("NBE"), Norris Brothers Properties, LLC ("NBP"), Jacob Norris, and Justin Norris is United States Fire Insurance Company's ("USFIC") 16 Motion for Summary Judgment. Accordingly, and for the foregoing reasons, USFIC's Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED with respect to USFIC's claims against Jacob Norris, Justin Norris and Norris Bros. Excavating, LLC, but is DENIED with respect to the claims against Norris Bros. Properties, LLC. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/02/2024. (D |
| Docket last updated: 72 minutes ago |
| Tuesday, February 20, 2024 | ||
| 46 | 46
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pgs
order
Order Dismissing Case
Tue 02/20 3:51 PM
AGREED ORDER DISMISSING CASE: It appearing before the Court, that all claims raised in this matter by and between Plaintiff United State Fire Insurance Company and Defendants Norris Bros. Excavating, LLC, Norris Bros. Properties, LLC, Jacob Norris, and Justin Norris have been compromised and settled. Accordingly, all claims raised by the parties are DISMISSED WITH PREJUDICE. By agreement all costs taxed to the Plaintiffs. The Clerk is directed to close this case. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/20/2024. (mg) |
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| Monday, February 19, 2024 | ||
| 45 | 45
misc
Proposed Order of Dismissal
Mon 02/19 9:14 AM
PROPOSED ORDER OF DISMISSAL filed by United States Fire Insurance Company. (Lee, Melissa) |
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| Tuesday, February 06, 2024 | ||
| 44 | 44
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pgs
order
Order on Motion for Extension of Time to File
Tue 02/06 3:48 PM
ORDER: Motion43 is GRANTED and the parties deadline to file their dismissal documents is extended to February 19, 2024. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/6/2024. (mg) |
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| Monday, February 05, 2024 | ||
| 43 | 43
motion
Extension of Time to File Document
Mon 02/05 10:56 AM
Joint MOTION for Extension of Time to File to File Agreed Order of Dismissal by United States Fire Insurance Company.(Lee, Melissa) |
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Att: 1
Attachment Proposed Agreed Order
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| Friday, January 05, 2024 | ||
| 42 | 42
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pgs
order
Order 1 - Terminate Deadlines and Hearings
Fri 01/05 1:46 PM
ORDER: The parties have filed a Notice of Settlement (Doc. No.41 ) advising that all matters and things in controversy in this action have been compromised and settled. Accordingly, the parties shall file an Agreed Order of Dismissal by February 5, 2024. The pretrial conference set for January 5, 2024 and the trial set for January 16, 2024 are hereby CANCELLED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 01/05/2024. (mg) |
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| Thursday, January 04, 2024 | ||
| 41 | 41
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pgs
notice
Notice of Settlement
Thu 01/04 6:16 PM
NOTICE of Settlement JOINT by United States Fire Insurance Company (Lee, Melissa) |
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| Tuesday, January 02, 2024 | ||
| 40 | 40
trial
Proposed Jury Verdict Form
Tue 01/02 9:43 PM
Proposed Jury Verdict Form by Norris Bros. Properties, LLC. (Abelow, Michael) |
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| 39 | 39
trial
Proposed Jury Instructions
Tue 01/02 9:42 PM
Proposed Jury Instructions by Norris Bros. Properties, LLC . (Abelow, Michael) |
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| 38 | 38
order
Pretrial Order
Tue 01/02 2:38 PM
JOINT PRETRIAL ORDER. Signed by Chief Judge Waverly D. Crenshaw, Jr on 01/02/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) |
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| 37 | 37
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order
Memorandum Opinion of the Court Order ~Util - Terminate Motions
Tue 01/02 11:30 AM
MEMORANDUM OPINION AND ORDER: Pending before the Court in this breach of contract action against Norris Brothers Excavating, LLC ("NBE"), Norris Brothers Properties, LLC ("NBP"), Jacob Norris, and Justin Norris is United States Fire Insurance Company's ("USFIC")16 Motion for Summary Judgment. Accordingly, and for the foregoing reasons, USFIC's Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED with respect to USFIC's claims against Jacob Norris, Justin Norris and Norris Bros. Excavating, LLC, but is DENIED with respect to the claims against Norris Bros. Properties, LLC. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/02/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) |
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| 36 | 36
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order
Order
Tue 01/02 10:13 AM
ORDER: The pretrial conference set for January 5, 2024, at 9:00 a.m. will be in held at the Fred D. Thompson Courthouse and Federal Building, 719 Church Street, Nashville, Tennessee. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/02/2024. (mg) |
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| Friday, December 29, 2023 | ||
| 35 | 35
trial
Proposed Jury Verdict Form
Fri 12/29 4:14 PM
Proposed Jury Verdict Form by United States Fire Insurance Company. (Ward, Taylor) |
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| 34 | 34
trial
Proposed Jury Instructions
Fri 12/29 2:58 PM
Proposed Jury Instructions by United States Fire Insurance Company Additional . (Lee, Melissa) |
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| 33 | 33
trial
Proposed Jury Instructions
Fri 12/29 2:53 PM
Proposed Jury Instructions by United States Fire Insurance Company Joint . (Lee, Melissa) |
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| 32 | 32
misc
Stipulation
Fri 12/29 2:20 PM
STIPULATION for Trial by United States Fire Insurance Company. (Lee, Melissa) |
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| 31 | 31
trial
Exhibit List
Fri 12/29 1:59 PM
Exhibit List by United States Fire Insurance Company.. (Lee, Melissa) |
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| 30 | 30
trial
Witness List
Fri 12/29 1:58 PM
Witness List by United States Fire Insurance Company. (Lee, Melissa) |
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| 29 | 29
misc
Proposed Pretrial Order
Fri 12/29 1:51 PM
Proposed Pretrial Order Joint by United States Fire Insurance Company. (Lee, Melissa) |
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| Friday, November 24, 2023 | ||
| 28 | 28
respm
Reply to Response to Motion
Fri 11/24 12:07 PM
REPLY to Response to re16 MOTION for Summary Judgment filed by United States Fire Insurance Company. (Ward, Taylor) |
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| Friday, November 17, 2023 | ||
| 27 | 27
misc
Statement of facts
Fri 11/17 2:58 PM
STATEMENT of facts (Defendants' Response to Plaintiff's Statement of Facts) . (Abelow, Michael) |
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| 26 | 26
respm
Response to Motion
Fri 11/17 2:56 PM
RESPONSE to Motion re16 MOTION for Summary Judgment filed by Norris Bros. Properties, LLC. (Abelow, Michael) |
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| Wednesday, November 08, 2023 | ||
| 25 | 25
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order
Order
Wed 11/08 4:51 PM
ORDER: The Joint Status Report and Renewed Joint Motion To Continue the Trial Date and Pretrial Deadlines (Doc. No.24 ) is DENIED. The parties' decision to select a new mediation date that is almost 60 days after the original mediation date does not justify the relief sought. The Court will not condone the parties delay given the long-scheduled trial date and pending motion. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/8/2023. (mg) |
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| Monday, November 06, 2023 | ||
| 24 | 24
misc
Status Report
Mon 11/06 1:19 PM
STATUS REPORT Joint and Renewed Joint Motion to Continue the Trial Date and Pretrial Deadlines by United States Fire Insurance Company. (Lee, Melissa) |
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| Monday, October 30, 2023 | ||
| 23 | 23
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order
Order
Mon 10/30 4:23 PM
ORDER: It appears that the parties' informal efforts for an agreed resolution have not been productive. The Court believes that a formal mediation is appropriate. Accordingly, on or before November 6, 2023, the parties shall report on an agreed mediator and date for a mediation. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/30/2023. (af) |
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| Friday, September 08, 2023 | ||
| 22 | 22
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pgs
order
Order on Motion to Continue
Fri 09/08 11:25 AM
ORDER: The Joint Motion To Continue Trial (Doc. No.21 ) is DENIED. As the parties know this case was set for trial in 2022 giving them at least 15 months to mediate the case. Their decision to wait to the eve of trial to mediate the case does not merit a trial continuance. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/8/2023. (af) |
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| Tuesday, September 05, 2023 | ||
| 21 | 21
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pgs
motion
Continue
Tue 09/05 12:19 PM
Joint MOTION to Continue Trial by Jacob Norris, Justin Norris, Norris Bros. Excavating, LLC, Norris Bros. Properties, LLC. (Abelow, Michael) |
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| Tuesday, August 15, 2023 | ||
| 20 | 20
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pgs
order
Order on Motion for Extension of Time to File Response/Reply
Tue 08/15 2:17 PM
ORDER: The Joint Motion to Extend Dispositive Motion Response Deadline (Doc. No.19 ) is GRANTED and the deadline for the Defendants to respond to Plaintiff's motion for summary judgment is extended to November 17, 2023. The parties should not anticipate the court will continue the trial unless there is good cause. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/15/2023. (af) |
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| Monday, August 14, 2023 | ||
| 19 | 19
motion
Extension of Time to File Response/Reply
Mon 08/14 10:20 AM
Joint MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Jugment by Jacob Norris, Justin Norris, Norris Bros. Excavating, LLC, Norris Bros. Properties, LLC.(Abelow, Michael) |
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Att: 1
Exhibit Exhibit A
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| Thursday, July 20, 2023 | ||
| 18 | 18
8
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misc
Statement of facts
Thu 07/20 4:24 PM
STATEMENT of facts in Support of Motion for Summary Judgment filed by United States Fire Insurance Company in support of16 Motion for Summary Judgment.(Lee, Melissa) |
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Att: 1
65 pgs
Exhibit A - Declaration of Eric Levine in Support of Motion for Summary Judgment,
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Att: 2
3 pgs
Exhibit B - Pertinent excerpts of Jacob Norriss Responses to USFICs First Set of Interrogatories,
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Att: 3
3 pgs
Exhibit C - Pertinent excerpts of Justin Norriss Responses to USFICs First Set of Interrogatories,
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Att: 4
3 pgs
Exhibit D - Declaration of Melissa Jane Lee In Support of Motion for Summary Judgment
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| 17 | 17
19
pgs
respoth
Memorandum in Support
Thu 07/20 4:18 PM
MEMORANDUM in Support of16 MOTION for Summary Judgment filed by United States Fire Insurance Company . (Lee, Melissa) |
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| 16 | 16
3
pgs
motion
Summary Judgment
Thu 07/20 4:17 PM
MOTION for Summary Judgment by United States Fire Insurance Company. (Lee, Melissa) |
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| Wednesday, May 24, 2023 | ||
| 15 | 15
3
pgs
misc
Status Report
Wed 05/24 3:40 PM
STATUS REPORT by United States Fire Insurance Company. (Ward, Taylor) |
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| Tuesday, May 23, 2023 | ||
| 14 | 14
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pgs
order
Order ~Util - Set Deadlines
Tue 05/23 4:21 PM
ORDER: The parties were ordered to file a joint status report regarding their case resolution efforts no later than 60 days before the deadline for the filing of dispositive motions. (Doc. No.10 .) That deadline passed on May 22, 2023, and no joint status report has been filed. The parties are ORDERED to file a joint status report by May 30, 2023. Signed by Magistrate Judge Alistair Newbern on 05/23/23. (ad) |
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| Tuesday, February 21, 2023 | ||
| 13 | 13
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pgs
order
Order 1 - Terminate Hearings
Wed 02/22 8:21 AM
ORDER: Magistrate Judge Newbern will no longer be holding second case management conferences as a matter of course in civil actions. The case management conference set on March 22, 2023 is CANCELLED. Signed by Magistrate Judge Alistair Newbern on 02/21/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ad) |
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| Tuesday, January 17, 2023 | ||
| 12 | 12
3
pgs
misc
Status Report
Tue 01/17 1:22 PM
STATUS REPORT Joint by United States Fire Insurance Company. (Lee, Melissa) |
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| Monday, September 26, 2022 | ||
| 11 | 11
3
pgs
order
Order Setting Case for Trial
Mon 09/26 3:51 PM
ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 1/16/2024 at 09:00 AM in Cookeville before Chief Judge Waverly D. Crenshaw Jr. Exhibit List due by 12/29/2023. Witness List due by 12/29/2023. Pretrial Conference is set for 1/5/2024 at 09:00 AM in Cookeville before Chief Judge Waverly D. Crenshaw Jr. Proposed Pretrial Order due by 12/29/2023. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/26/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) |
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| Monday, September 19, 2022 | ||
| 10 | 10
8
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order
Case Management Order
Mon 09/19 3:02 PM
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 12/16/2022. Discovery due by 5/26/2023. Dispositive Motions due by 7/21/2023. Case Management Conference by Telephone set for 3/22/2023 at 09:30 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 9/19/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (jm) |
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minutes
Case Management Conference by Telephone
Mon 09/19 11:11 AM
Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 9/19/2022. (Hearing lasted 00:10)(sd) |
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| Thursday, September 15, 2022 | ||
| 9 | 9
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pgs
misc
Proposed Case Management Order
Thu 09/15 10:11 AM
PROPOSED CASE MANAGEMENT ORDER Joint filed by United States Fire Insurance Company. (Lee, Melissa) |
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| Thursday, September 01, 2022 | ||
| 8 | 8
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pgs
answer
Answer to Complaint
Thu 09/01 8:41 AM
ANSWER to1 Complaint, by Jacob Norris, Justin Norris, Norris Bros. Excavating, LLC, Norris Bros. Properties, LLC.(Abelow, Michael) |
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| Friday, June 24, 2022 | ||
| 7 | 7
2
pgs
order
Order
Fri 06/24 1:29 PM
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. § 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/24/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (jm) |
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| Thursday, June 23, 2022 | ||
| 6 | 6
4
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service
Summons Issued
Thu 06/23 10:46 AM
Summons issued as to Jacob Norris, Justin Norris, Norris Bros. Excavating, LLC, and Norris Bros. Properties, LLC. (Service copies sent to counsel by regular mail.) (jm) |
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| 5 | 5
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pgs
notice
Notice of Case Management Conference
Thu 06/23 10:34 AM
NOTICE of Initial Case Management Conference by Telephone set for 9/19/2022 at 11:00 AM before Magistrate Judge Alistair Newbern. (jm) |
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| Wednesday, June 22, 2022 | ||
| 4 | 4
misc
Business Entity Disclosure Statement
Thu 06/23 10:08 AM
BUSINESS ENTITY DISCLOSURE STATEMENT filed by United States Fire Insurance Company. (jm) |
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| 3 | 3
notice
Notice/Information re Consent of the Parties to MJ
Thu 06/23 10:07 AM
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jm) |
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| 2 | 2
notice
Notice of Business Entity Disclosure Statement Filing Requirement
Thu 06/23 10:07 AM
NOTICE of Business Entity Disclosure Statement filing requirement. (jm) |
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| 1 | 1
15
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cmp
Complaint
Thu 06/23 10:06 AM
COMPLAINT against All Defendants (Filing fee $402, Receipt number ATNMDC- 3616606), filed by United States Fire Insurance Company.(jm) |
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Att: 1
Attachment Civil Cover Sheet,
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Att: 2
11 pgs
Exhibit 1 - Indemnity Agreement,
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Att: 3
1 pgs
Exhibit 2 - Cottrell Release,
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Att: 4
1 pgs
Exhibit 3 - J. Cumby Notice of Termination and Demand on Surety,
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Att: 5
21 pgs
Exhibit 4 - J. Cumby Updated Proof of Claim,
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Att: 6
4 pgs
Exhibit 5 - Collateral Indemnity Demand
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misc
Annotation - Bar Status
Thu 06/23 10:22 AM
TN State Bar status verified as active for Melissa J. Lee and Taylor S. Ward admitted to this court . (jm) |
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