Main Street America Assurance Company v. Marble Solutions LLC, et al
| Main Street America Assurance Company |
| Marble Solutions, LLC, Daniel Hosea Waller, Adrian McGlown and Carlin McGlown |
| 2:2020cv02411 |
| June 11, 2020 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Mark S Norris |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 30, 2021. A more recent docket listing may be available from PACER.
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Filing 48
SETTING LETTER: Status Conference set for Friday, 9/10/2021 10:30 AM before Judge Mark S. Norris. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Zandra Frazier at Zandra_Frazier@tnwd.uscourts.gov for any questions. (vup)
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Filing 47
ORDER DENYING PLAINTIFFS MOTIONS #23 , #45 FOR SUMMARY JUDGMENT; ORDER DENYING DEFENDANTS MOTION #35 FOR EXTENSION OF TIME TO RESPOND; AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION #41 FOR SUMMARY JUDGMENT. Signed by Judge Mark S. Norris on 08/30/2021. (Norris, Mark)
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Filing 46
RESPONSE in Opposition re #45 Supplemental MOTION for Summary Judgment Supplemental Memorandum of Law in Support of Summary Judgment filed by Marble Solutions, LLC, Adrian McGlown, Carlin McGlown. (Attachments: #1 Supplement Marble Solutions, LLC, Carlin McGlown and Adrian McGlown's Response to Plaintiff's Supplemental Statement of Undisputed Material Facts)(Cates, Taylor)
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Filing 45
Supplemental MOTION for Summary Judgment Supplemental Memorandum of Law in Support of Summary Judgment by Main Street America Assurance Company. (Attachments: #1 Supplement Supplemental Statement of Undisputed Material Facts in Support of Plaintiff's Motion for Summary Judgment, #2 Exhibit Exhibit 1 to SUMF, #3 Exhibit Exhibit 2 to SUMF)(Lowe, Hannah)
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Filing 44
REPLY to Response to Motion re #43 Response in Opposition to Motion for Summary Judgment filed by Marble Solutions, LLC, Adrian McGlown, Carlin McGlown. (Cates, Taylor)
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Filing 43
RESPONSE in Opposition re #41 First MOTION for Summary Judgment filed by Main Street America Assurance Company. (Attachments: #1 Exhibit Exhibit 1, #2 Response to SUMF)(Lowe, Hannah)
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Filing 42
REPLY to Response to Motion re #38 Response in Opposition to Motion for Summary Judgment filed by Main Street America Assurance Company. (Lowe, Hannah)
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Filing 41
First MOTION for Summary Judgment by Marble Solutions, LLC, Adrian McGlown, Carlin McGlown. (Attachments: #1 Memorandum Memorandum of Law in Support of Motion for Summary Judgment, #2 Memorandum Statement of Undisputed Material Facts)(Stuart, Sarah)
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Filing 40
RESPONSE in Opposition re #35 First MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment, proposed order submitted filed by Main Street America Assurance Company. (Attachments: #1 Exhibit Exhibit 1 - email, #2 Exhibit Exhibit 2 - Essex Ins. Co. v. Merrill)(Lowe, Hannah)
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Filing 39
RESPONSE in Opposition re #23 MOTION for Summary Judgment Response to Plaintiff's Statement of Undisputed Material Facts and Statement of Additional Undisputed Material Facts filed by Marble Solutions, LLC, Adrian McGlown, Carlin McGlown. (Attachments: #1 Exhibit)(Cates, Taylor)
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Filing 38
RESPONSE in Opposition re #23 MOTION for Summary Judgment filed by Marble Solutions, LLC, Adrian McGlown, Carlin McGlown. (Cates, Taylor)
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Filing 37
[** TEXT ORDER ONLY-NO IMAGE ATTACHED **] ORDER GRANTING #36 DEFENDANTS MARBLE SOLUTIONS, LLC, CARLIN MCGLOWN, AND ADRIAN MCGLOWN'S UNOPPOSED MOTION FOR WITHDRAW OF COUNSEL. The Court hereby GRANTS Defendants' Motion. Attorney S. Scott Taylor shall be terminated as an attorney of record in this matter. Signed by Judge Mark S. Norris on 02/25/2021. (Norris, Mark)
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Filing 36
First MOTION to Withdraw Proposed Order Submitted by Marble Solutions, LLC. (Taylor, Stephen)
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Filing 35
First MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment, proposed order submitted by Marble Solutions, LLC, Adrian McGlown, Carlin McGlown. (Attachments: #1 Memorandum Memorandum of Law in Support, #2 Exhibit Exhibit A to Memorandum of Law in Support)(Cates, Taylor)
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Filing 34
NOTICE of Appearance by Taylor A. Cates on behalf of Marble Solutions, LLC, Adrian McGlown, Carlin McGlown (Cates, Taylor)
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Filing 33
NOTICE of Appearance by Sarah Elizabeth Stuart on behalf of Marble Solutions, LLC, Adrian McGlown, Carlin McGlown (Stuart, Sarah)
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Filing 32
DEFAULT JUDGMENT in favor of Main Street America Assurance Company against Daniel Hosea Waller. (btg)
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Filing 31
OOPS. Erroneous Entry.
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Filing 30
AFFIDAVIT in Support re #29 MOTION for Default Judgment "proposed order submitted" by Main Street America Assurance Company. (Ward, Kenneth)
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Filing 29
MOTION for Default Judgment "proposed order submitted" by Main Street America Assurance Company. (Ward, Kenneth)
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Filing 28
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #26 MOTION for Entry of Default "proposed order submitted" filed by Main Street America Assurance Company has been filed. However, the following deficiency has been found: Motion was filed as a Motion for Entry of Default; Motion should be filed using the Default Judgment Motion event. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (btg)
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Filing 27
MEMORANDUM in Support re #26 MOTION for Entry of Default "proposed order submitted" filed by Main Street America Assurance Company. (Ward, Kenneth)
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Filing 26
MOTION for Entry of Default "proposed order submitted" by Main Street America Assurance Company. (Attachments: #1 Affidavit Affidavit in support of Application for DEFAULT judgment)(Ward, Kenneth)
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Filing 25
MEMORANDUM in Support re #23 MOTION for Summary Judgment Separate Statement of Undisputed Material Facts Pursuant to LR 56.01 filed by Main Street America Assurance Company. (Ward, Kenneth)
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Filing 24
MEMORANDUM in Support re #23 MOTION for Summary Judgment filed by Main Street America Assurance Company. (Ward, Kenneth)
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Filing 23
MOTION for Summary Judgment by Main Street America Assurance Company. (Ward, Kenneth)
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Filing 22
SETTING LETTER: Non-Jury Trial set for Monday, 09/20/2021 at 09:30 AM in Courtroom 4 - Memphis before Judge Mark S. Norris. Pretrial Conference set for Friday, 09/10/2021 at 10:30 AM in Courtroom 4 - Memphis before Judge Mark S. Norris. Proposed Pretrial Order due by 09/03/2021. (zsf)
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Filing 21
SCHEDULING ORDER. Signed by Judge Mark S. Norris on 10/21/2020. (Norris, Mark) (Main Document 21 replaced on 10/21/2020) (crg).
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Filing 20
Clerk's ENTRY OF DEFAULT as to Daniel Hosea Waller. Motion terminated: #17 MOTION for Entry of Default as to defendant Daniel Hosea Waller filed by Main Street America Assurance Company. (btg)
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Filing 19
SETTING LETTER: Scheduling Conference set for Friday, 10/02/2020 at 09:30 AM in Courtroom 4 - Memphis before Judge Mark S. Norris. (zsf)
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Filing 18
ANSWER to #1 Complaint,, by Marble Solutions, LLC, Adrian McGlown, Carlin McGlown.(Taylor, Stephen)
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Filing 17
MOTION for Entry of Default as to defendant Daniel Hosea Waller by Main Street America Assurance Company. (Attachments: #1 Affidavit in support of request for entry of default judgment)(Lowe, Hannah)
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Filing 16
ORDER GRANTING #15 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER TO COMPLAINT. Marble Solutions, LLC answer due 7/27/2020; Adrian McGlown answer due 7/27/2020; Carlin McGlown answer due 7/27/2020. Signed by Judge Mark S. Norris on 7/21/2020. (Norris, Mark)
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Filing 15
First MOTION for Extension of Time to File Answer re #1 Complaint,, Proposed Order Submitted by Marble Solutions, LLC, Adrian McGlown, Carlin McGlown. (Taylor, Stephen)
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Filing 14
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #13 MOTION for Default Judgment as to defendant Daniel Hosea Waller filed by Main Street America Assurance Company has been filed. However, the following deficiency has been found: Filer selected the incorrect event. There is an event for "Entry of Default." Please resubmit your motion under the correct event (document is titled correctly). Motion at DE 13 will be termed pending correct submission. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (btg)
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Filing 13
MOTION for Default Judgment as to defendant Daniel Hosea Waller by Main Street America Assurance Company. (Attachments: #1 Affidavit in support of request for default judgment)(Lowe, Hannah)
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Filing 12
NOTICE of Appearance by Stephen Scott Taylor on behalf of Marble Solutions, LLC, Adrian McGlown, Carlin McGlown (Taylor, Stephen)
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Filing 11
SUMMONS Returned Executed by Main Street America Assurance Company as to Adrian McGlown. (Lowe, Hannah)
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Filing 10
SUMMONS Returned Executed by Main Street America Assurance Company as to Carlin McGlown. (Lowe, Hannah)
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Filing 9
SUMMONS Returned Executed by Main Street America Assurance Company as to Marble Solutions, LLC. (Lowe, Hannah)
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Filing 8
SUMMONS Returned Executed by Main Street America Assurance Company as to Daniel Hosea Waller. (Attachments: #1 envelope)(jae)
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Filing 7
Summons Issued as to Marble Solutions, LLC, Adrian McGlown, Carlin McGlown, Daniel Hosea Waller. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 summons, #2 summons, #3 summons)(jae)
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Filing 6
NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae)
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Filing 5
NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae)
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Filing 4
NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae)
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Filing 3
Judge Mark S. Norris and Magistrate Judge Charmiane G. Claxton added. (jae)
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Filing 2
NOTICE of Appearance by Kenneth Wayne Ward on behalf of Main Street America Assurance Company (Ward, Kenneth)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 400 receipt number ATNWDC-3366253), filed by Main Street America Assurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summons for Marble Solutions LLC, #3 Summons for Carlin McGlown, #4 Summons for Adrian McGlown, #5 Summons for Daniel Hosea Waller, #6 Exhibit Exhibit 1 - Certified Policy, #7 Exhibit Exhibit 2 - Third Amended Petition filed in Travis County, TX, #8 Exhibit Exhibit 3 - ROR letter to Daniel Waller, #9 Exhibit Exhibit 4 - ROR letter to Mr. and Mrs. McGlown)(Lowe, Hannah)
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