Burrell et al v. Duhon et al
Plaintiff: Marie Burrell and J. B. Burrell, Jr.
Defendant: ECN Financial LLC, Forward Air Corporation, Lindy W. Duhon, Lindy Duhon Trucking, LLC, Forward Air Technology and Logistics Services, Inc., Element Fleet Management Corp., Celadon Group, Inc., Forward Air Services, LLC, FAF, Inc., Celadon Logistics Services, Inc., Element Financial Corp., Forward Air, Inc., Celadon Trucking Services, Inc., Forward Air Solutions, Inc. and 19th Capital Group, Inc.
Cross Defendant: Element Transportation, LLC, 19th Capital Group, LLC and Element Transportation Asset Trust
Intervenor Plaintiff: Jack Hicks Company of Elk Park Inc. and Cherokee Insurance Company
Case Number: 5:2018cv00141
Filed: September 19, 2018
Court: US District Court for the Western District of Kentucky
Presiding Judge: Lanny King
Referring Judge: Thomas B Russell
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1441 Petition for Removal
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2020 Opinion or Order Filing 192 ORDER signed by Senior Judge Thomas B. Russell on 7/10/2020. Granting #191 Motion to Dismiss as Settled. cc: Counsel(KJA)
June 30, 2020 Filing 191 Joint MOTION to Dismiss As Settled by Cross Defendants Lindy W. Duhon, Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Defendants Lindy W. Duhon, Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc. (Attachments: #1 Proposed Order) (Hickey, Stockard)
February 11, 2020 Opinion or Order Filing 190 AGREED ORDER APPROVING LIEN SETTLEMENT signed by Senior Judge Thomas B. Russell on 2/11/2020. cc: Counsel(KJA)
February 11, 2020 Opinion or Order Filing 189 ORDER signed by Senior Judge Thomas B. Russell on 2/11/2020. Granting #187 Motion to Vacate DN 186, see order for specifics. cc: Counsel(KJA)
February 7, 2020 Filing 188 Proposed Agreed Order Approving Lien Settlement by J. B. Burrell, Jr, Marie Burrell by J. B. Burrell, Jr, Marie Burrell. (Stewart, Ben)
February 4, 2020 Filing 187 MOTION to Vacate #186 Telephone Conference VACATE RESPONSE DEADLINE TO PLAINTIFFS MOTION TO ADJUDICATE WORKERS COMPENATION LIEN DUE TO SETTLEMENT AND TO RENDER MOTION TO ADJUDICATE MOOT by Intervenor Plaintiffs Cherokee Insurance Company, Jack Hicks Company of Elk Park Inc. (Attachments: #1 Proposed Order) (Dawson, Stanley)
January 29, 2020 Opinion or Order Filing 186 Order for proceedings held before Senior Judge Thomas B. Russell: Telephone Conference held on 1/27/2020. All pending motions except DN 183 are now moot. See order for specifics. cc:counsel (KJA)
January 27, 2020 Filing 185 MEMORANDUM re #183 Motion for Miscellaneous Relief (Attachments: #1 Exhibit 1 - CA Secretaray of State, #2 Exhibit 2 - KY Dept of Insurance, #3 Exhibit 3 - check logs, #4 Exhibit 4 - Medicare letter, #5 Exhibit 5 - Russell Reports (JB), #6 Exhibit 5-A - Russell Reports (Marie), #7 Exhibit 6 - Jones Report (JB), #8 Exhibit 7 - Rosen Reports (JB), #9 Exhibit 7-A - Rosen Reports (Marie), #10 Exhibit 8 - Lampton Reports (JB), #11 Exhibit 9 - Rhoades Reports (JB)) by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
January 24, 2020 Opinion or Order Filing 184 TEXT ORDER by Senior Judge Thomas B. Russell on 1/24/2020. A telephonic conference will be held on January 27, 2020 at 3:00 PM. Central. The parties must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KPH)
January 23, 2020 Filing 183 MOTION Adjudicate Workers Comp Lien by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Proposed Order) (Freed, Jonathan)
January 21, 2020 Filing 182 STIPULATION of Partial Dismissal by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
January 20, 2020 Filing 181 PRETRIAL COMPLIANCE Def's Deposition Counter Designations by Lindy W. Duhon, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard)
January 20, 2020 Filing 180 PRETRIAL COMPLIANCE Defs' Objections to Plfs' Proposed Trial Exhibits filed by Lindy W. Duhon, FAF, Inc.((TN)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard)
January 20, 2020 Filing 179 RESPONSE to Motion re #156 MOTION in Limine Consolidated filed by Lindy W. Duhon, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Proposed Order Order Denying) (Hickey, Stockard)
January 17, 2020 Filing 178 TRIAL BRIEF by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
January 17, 2020 Filing 177 Proposed Jury Instructions by J. B. Burrell, Jr, Marie Burrell. (Stewart, Ben)
January 17, 2020 Filing 176 Exhibit List PLAINTIFFS WITNESS AND EXHIBIT LISTS DAMAGES by J. B. Burrell, Jr, Marie Burrell.. (Whonsetler, Scott)
January 17, 2020 Filing 175 NOTICE of Plaintiffs' Dsignation of Deposition Testimony of Lindy and Loretta Duhon by J. B. Burrell, Jr, Marie Burrell re #137 Deposition, #136 Deposition (Freed, Jonathan)
January 17, 2020 Filing 174 Proposed Voir Dire by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
January 17, 2020 Filing 173 Witness List - Liability by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
January 17, 2020 Filing 172 Exhibit List - Liability by J. B. Burrell, Jr, Marie Burrell.. (Freed, Jonathan)
January 17, 2020 Filing 171 STIPULATION re #168 Pretrial Compliance Amendment to Kristy Herman testimony by Jack Hicks Company of Elk Park Inc.. (Dawson, Stanley)
January 17, 2020 Filing 170 PRETRIAL COMPLIANCE Defendants' Deposition Objections by Lindy W. Duhon, FAF, Inc.((TN)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Proposed Order) (Hickey, Stockard)
January 17, 2020 Filing 169 PRETRIAL COMPLIANCE Defendants' Deposition Counter-Designations by Lindy W. Duhon, FAF, Inc.((TN)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard)
January 17, 2020 Filing 168 PRETRIAL COMPLIANCE Defendants' Deposition Designations by Lindy W. Duhon, FAF, Inc.((TN)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard)
January 17, 2020 Filing 167 Proposed Voir Dire by Lindy W. Duhon, FAF, Inc.((TN)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard)
January 17, 2020 Filing 166 TRIAL BRIEF by Lindy W. Duhon, FAF, Inc.((TN)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc.. (Hickey, Stockard)
January 17, 2020 Filing 165 Witness List and Exhibit Disclosures by Lindy W. Duhon, Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard)
January 17, 2020 Filing 164 Proposed Jury Instructions by Lindy W. Duhon, FAF, Inc.((TN)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Exhibit Liability, Damages, and Punitive, #2 Exhibit Bifurcated Negligent Hiring & Punitive Damages) (Hickey, Stockard)
January 16, 2020 Filing 163 STIPULATION by J. B. Burrell, Jr, Marie Burrell. (Stewart, Ben)
January 16, 2020 Filing 162 RESPONSE to Motion re #154 MOTION in Limine re: High Beam Usage and Outrunning Headlights filed by Lindy W. Duhon, FAF, Inc.((TN)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Proposed Order) (Hickey, Stockard)
January 16, 2020 Filing 161 RESPONSE to Motion re #152 MOTION in Limine re: Collateral Source Payments filed by Lindy W. Duhon, FAF, Inc.((TN)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc.. (Attachments: #1 Proposed Order) (Hickey, Stockard)
January 16, 2020 Filing 160 RESPONSE to Motion re #155 MOTION in Limine re: Police Reports filed by FAF, Inc.((TN)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Proposed Order re Exclusion of Police Reports) (Hickey, Stockard)
January 16, 2020 Filing 159 RESPONSE to Motion re #153 MOTION in Limine re: Sleeper Berth Restraint filed by Lindy W. Duhon, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Proposed Order) (Hickey, Stockard)
January 16, 2020 Filing 158 MOTION in Limine To Exclude Reptile and Golden Rule Arguments and Evidence by Defendants Lindy W. Duhon, FAF, Inc., Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Hickey, Stockard)
January 16, 2020 Filing 157 MOTION for Leave to Submit Corporate Disclosures by Intervenor Plaintiffs Cherokee Insurance Company, Jack Hicks Company of Elk Park Inc. (Attachments: #1 Proposed Order, #2 Disclosure) (Dawson, Stanley)
January 15, 2020 Filing 156 MOTION in Limine Consolidated by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Proposed Order) (Freed, Jonathan)
January 14, 2020 Filing 155 MOTION in Limine re: Police Reports by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Exhibit 1 - KSP Report - Duhons, #2 Exhibit 2 - KSP Report - Burrells, #3 Proposed Order) (Freed, Jonathan)
January 14, 2020 Filing 154 MOTION in Limine re: High Beam Usage and Outrunning Headlights by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Exhibit 1 - Chart of stopping distances, #2 Exhibit 2 - Barnes Depo. excerpts, #3 Exhibit 3 - Night Driving, #4 Exhibit 4 - KY Drivers License Manual excerpt, #5 Exhibit 48 - KRS 189.390, #6 Proposed Order) (Freed, Jonathan)
January 13, 2020 Filing 153 MOTION in Limine re: Sleeper Berth Restraint by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Proposed Order) (Freed, Jonathan)
January 13, 2020 Filing 152 MOTION in Limine re: Collateral Source Payments by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Proposed Order) (Freed, Jonathan)
January 13, 2020 Filing 151 NOTICE Plaintiffs' Designation of Deposition Testimony by J. B. Burrell, Jr, Marie Burrell re #100 Deposition (Freed, Jonathan)
January 10, 2020 Filing 150 NOTICE of Intent to Introduce Business Records by J. B. Burrell, Jr, Marie Burrell (Freed, Jonathan)
December 31, 2019 Filing 149 RESPONSE to Motion re #148 MOTION for Leave to File Sur-Reply filed by Lindy W. Duhon, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Proposed Order Order) (Hickey, Stockard)
December 30, 2019 Filing 148 MOTION for Leave to File Sur-Reply by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Exhibit tendered Sur-Reply, #2 Proposed Order) (Freed, Jonathan)
December 26, 2019 Filing 147 RESPONSE to Motion re #135 MOTION for Sanctions filed by Lindy W. Duhon, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Exhibit Executed Affidavit, #2 Proposed Order Order) (Hickey, Stockard)
December 23, 2019 Filing 146 REPLY to Response to Motion re #123 MOTION to Exclude Expert Opinions re: Headlight Usage MOTION for Partial Summary Judgment re: Headlight Usage filed by J. B. Burrell, Jr. (Attachments: #1 Exhibit Exhibit 1 - Other States' Laws) (Stewart, Ben)
December 20, 2019 NOTICE OF DOCKET CORRECTION re #145 Reply, #141 Reply, #144 Reply, #142 Reply, #143 Reply; Error: Incorrect Events Selected by Filer; Correction: Clerk Corrected Each Event and Linked to Proper Motions. (MNM)
December 19, 2019 Filing 145 REPLY TO RESPONSE TO #117 MOTION for Summary Judgment on Plaintiff's Claim for Punitive Damages filed by Lindy W. Duhon, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard) Modified on 12/20/2019 to edit text and link events (MNM).
December 19, 2019 Filing 144 REPLY TO RESPONSE TO #122 MOTION to Exclude TYRELL TESTIMONY filed by Lindy W. Duhon, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard) Modified on 12/20/2019 to edit text and link events (MNM).
December 18, 2019 Filing 143 REPLY TO RESPONSE TO #120 MOTION to Dismiss improperly named parties filed by Lindy W. Duhon, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Exhibit Discovery Responses, #2 Exhibit Contract) (Hickey, Stockard) Modified on 12/20/2019 to edit text and link events (MNM).
December 18, 2019 Filing 142 REPLY TO RESPONSE TO #121 MOTION to Exclude LAMPTON TESTIMONY filed by Lindy W. Duhon, Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard) Modified on 12/20/2019 to edit text and link events (MNM).
December 18, 2019 Filing 141 REPLY TO RESPONSE TO #118 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Or, In the Alternative, to Bifurcate the Trial the Negligent Hiring Claim filed by 19th Capital Group, Inc., Lindy W. Duhon, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard) Modified on 12/20/2019 to edit docket text and link events (MNM).
December 18, 2019 Filing 140 NOTICE of Filing Depositions by J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Supplement Depo Excerpt - Steven Whitfield, #2 Supplement Depo Excerpt - Robert Leach) (Freed, Jonathan)
December 18, 2019 Filing 139 DEPOSITION of Michael Barnes taken on November 19, 2019 by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
December 18, 2019 Filing 138 DEPOSITION of Matt Casey taken on October 29, 2019 by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
December 18, 2019 Filing 137 DEPOSITION of Lindy Duhon taken on October 10, 2019 by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
December 18, 2019 Filing 136 DEPOSITION of Lindy Duhon taken on May 31, 2019 by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
December 17, 2019 Filing 135 MOTION for Sanctions by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Exhibit 28 - Depo Notice, #2 Exhibit 30 - Roadside Inspection file, #3 Exhibit 40 - 10 28 19 Supp. Responses, #4 Exhibit A - 10 18 19 Letter, #5 Exhibit B - Safety Audit, #6 Exhibit C - 10 31 19 Letter, #7 Exhibit D - 12 2 19 Supp. Responses, #8 Exhibit E - 12 6 19 Supp. Responses, #9 Exhibit F - Herman depo p. 85, #10 Proposed Order) (Freed, Jonathan)
December 17, 2019 Opinion or Order Filing 134 Order for proceedings held before Magistrate Judge Lanny King: Telephonic Status Conference was held on 12/9/2019. Plaintiff's Motion for Sanctions regarding discovery due by 12/17/2019. Defendants shall file their response no later than 12/31/2019. cc: Counsel (MNM)
December 16, 2019 Filing 133 RESPONSE to Motion re #123 MOTION to Exclude Expert Opinions re: Headlight Usage MOTION for Partial Summary Judgment re: Headlight Usage filed by Lindy W. Duhon, FAF, Inc.((OH)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Exhibit Police Report, #2 Exhibit Barnes report and CV, #3 Exhibit Barnes deposition and excerpts, #4 Exhibit J.B. Burrell, Jr. Deposition Excerpts, #5 Exhibit Duhon depositon excerpts, #6 Proposed Order Def's Proposed order denying Daubert and MSJ - Headlights) (Hickey, Stockard)
December 16, 2019 Filing 132 Sealed Document re #131 (Attachments: #1 Exhibit Exhibit 29 Excerpt, #2 Exhibit Exhibit 37 Excerpt) (Freed, Jonathan)
December 16, 2019 Filing 131 MOTION for Leave to Seal Document by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Proposed Order) (Freed, Jonathan)
December 16, 2019 Filing 130 NOTICE of Service of Supplement and Rebuttal to Expert Disclosures by J. B. Burrell, Jr, Marie Burrell re #79 Notice (Other) (Freed, Jonathan)
December 12, 2019 Filing 129 RESPONSE to Motion re #117 MOTION for Summary Judgment on Plaintiff's Claim for Punitive Damages filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Exhibit A - Form 10-K, Ex. 21.1, #2 Exhibit A-1 - Consolidated Financial Statement, #3 Exhibit C - Boesger Supplemental Report, #4 Exhibit D - Safety Audit 2660-2666, #5 Exhibit E - Violations, #6 Exhibit F - Medical Certificate, #7 Exhibit G - Kales Report, #8 Exhibit H - Grugle Report, #9 Exhibit I - Boesger 07 22 19 Report, #10 Exhibit J - Agent Report, #11 Exhibit K - Green Report, #12 Exhibit 12 - Depo Ex. Change of Status, #13 Exhibit 23 - Depo Ex. 49 USC 31136, #14 Exhibit 40 - Depo Ex. Supp. Responses, #15 Proposed Order) (Freed, Jonathan)
December 12, 2019 Filing 128 RESPONSE to Motion re #122 MOTION to Exclude TYRELL TESTIMONY filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Proposed Order) (Stewart, Ben)
December 11, 2019 Filing 127 RESPONSE to Motion re #118 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Or, In the Alternative, to Bifurcate the Trial filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Exhibit Depo Ex. 30 excerpt, #2 Exhibit A - Kales Report, #3 Exhibit B - Grugle Report, #4 Exhibit C - Boesger Supplemental Report, #5 Exhibit D - Audit Report, #6 Exhibit E - Duhon Depo #1 excerpt, #7 Exhibit F - Duhon Depo #2 excerpt, #8 Proposed Order) (Freed, Jonathan)
December 11, 2019 Filing 126 RESPONSE to Motion re #120 MOTION to Dismiss improperly named parties filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Exhibit 1 - Smith v. Rees, #2 Proposed Order) (Stewart, Ben)
December 11, 2019 Filing 125 RESPONSE to Motion re #121 MOTION to Exclude LAMPTON TESTIMONY filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Exhibit Exhibit A- Report of Laura Lampton, #2 Exhibit Exhibit B- CV of Laura Lampton, #3 Exhibit Exhibit C- Roach v. Hughes Case Law, #4 Exhibit Exhibit D- Oaks v. Wiley Case Law, #5 Exhibit Exhibit E- Report of Dr. Larry Russell, #6 Proposed Order Proposed Order Denying Motion to Exclude) (Whonsetler, Scott)
December 11, 2019 Filing 124 NOTICE OF DOCKET CORRECTION Re:PDF Error: INCORRECT document attached to docket entry by efiler re: #119 Attachments, ; Correct document attached to this entry. (Attachments: #1 Exhibit 2 Redacted Police Report) (Hickey, Stockard)
December 2, 2019 Filing 123 MOTION to Exclude Expert Opinions re: Headlight Usage, MOTION for Partial Summary Judgment re: Headlight Usage by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Barnes Report, #3 Exhibit 2 - Agent Report, #4 Exhibit 3 - Green Report, #5 Exhibit 4 - Tyrrell Report, #6 Exhibit 5 - Barnes excerpt, #7 Exhibit 6A - Photograph, #8 Exhibit 6B - Photograph, #9 Exhibit 7A - Photographs, #10 Exhibit 7B - Photographs, #11 Exhibit 8 - Partial 911 transcript, #12 Exhibit 9 - CDL Manual excerpt, #13 Exhibit 10 - KY Drivers Manual excerpt, #14 Proposed Order Granting Motion to Exclude, #15 Proposed Order Granting Partial Summary Judgment) (Freed, Jonathan)
November 27, 2019 MOTION to Bifurcate the Trial filed by Defendants FAF, Inc., FAF, Inc., Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. SEE DN #118 FOR FULL VIEW OF DOCUMENT. (MNM)
November 27, 2019 Filing 122 MOTION to Exclude TYRELL TESTIMONY by Defendants Lindy W. Duhon, FAF, Inc., FAF, Inc., Forward Air Corporation, Forward Air Services, LLC, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit Disclosure, #3 Proposed Order) (Hickey, Stockard)
November 27, 2019 Filing 121 MOTION to Exclude LAMPTON TESTIMONY by Defendants Lindy W. Duhon, FAF, Inc., FAF, Inc., Forward Air Corporation, Forward Air Services, LLC, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Proposed Order) (Hickey, Stockard)
November 27, 2019 Filing 120 MOTION to Dismiss improperly named parties by Defendants Lindy W. Duhon, FAF, Inc., FAF, Inc., Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit police report) (Hickey, Stockard) Modified on 12/2/2019 to edit filers (MNM).
November 27, 2019 Filing 119 ATTACHMENT(s) DEFENDANT'S EXHIBITS TO MOTION FOR PARTIAL SUMMARY JUDGMENT re #117 Motion for Summary Judgment, by Lindy W. Duhon, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard) (Main Document 119 replaced on 12/16/2019) (MNM).
November 27, 2019 Filing 118 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Or, In the Alternative, to Bifurcate the Trial by Defendants FAF, Inc., FAF, Inc., Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Attachments: #1 Memorandum in Support Memorandum, #2 Proposed Order Order) (Hickey, Stockard)
November 27, 2019 Filing 117 MOTION for Summary Judgment on Plaintiff's Claim for Punitive Damages by Defendants FAF, Inc., FAF, Inc., Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Lindy Duhon Trucking, LLC (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Hickey, Stockard)
November 14, 2019 Opinion or Order Filing 116 Order for proceedings held before Magistrate Judge Lanny King: Telephonic Status Conference was held on 11/13/2019. Telephonic Status Conference set for 12/9/2019 at 04:00 PM Central Time before Magistrate Judge Lanny King. Counsel for the parties may connect to the telephonic status conference by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. cc: Counsel (MNM)
November 12, 2019 Filing 115 NOTICE TO TAKE DEPOSITION OF DR. STACY by J. B. Burrell, Jr, Marie Burrell (Whonsetler, Scott)
November 12, 2019 Filing 114 NOTICE TO TAKE DEPOSITION OF DR. CARVALHO by J. B. Burrell, Jr, Marie Burrell (Whonsetler, Scott)
November 12, 2019 Filing 113 NOTICE TO TAKE DEPOSITION OF DR EBBEN by J. B. Burrell, Jr, Marie Burrell (Whonsetler, Scott)
November 12, 2019 Filing 112 NOTICE TO TAKE VIDEO-TAPED DEPO OF DR. STACY by J. B. Burrell, Jr, Marie Burrell (Whonsetler, Scott)
November 12, 2019 Filing 111 NOTICE TO TAKE VIDEO-TAPED DEPO OF DR. CARVALHO by J. B. Burrell, Jr, Marie Burrell (Whonsetler, Scott)
November 12, 2019 Filing 110 NOTICE to Take Video Taped Depo of Dr. Ebben by J. B. Burrell, Jr, Marie Burrell (Whonsetler, Scott)
November 12, 2019 Filing 109 NOTICE of Offer of Judgment by Lindy W. Duhon, FAF, Inc.((TN)), Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Hickey, Stockard)
November 5, 2019 Opinion or Order Filing 108 TEXT ORDER by Magistrate Judge Lanny King on 11/05/2019. A Telephonic Status Conference is set for 11/13/2019 at 1:30 p.m. Central Time before Magistrate Judge Lanny King. Counsel for the parties shall connect the call by dialing the Toll Free Meeting Number 1-877-848-7030 and entering the Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB)
October 23, 2019 Opinion or Order Filing 107 ORDER by Magistrate Judge Lanny King on 10/22/2019 re #106 Order on Motion to Compel. See order for specifics.cc:counsel (KJA)
October 17, 2019 Opinion or Order Filing 106 OPINION & ORDER signed by Magistrate Judge Lanny King on 10/16/2019. Granting in part and denying in part #98 Motion to Compel. cc: Counsel(KJA)
October 4, 2019 Opinion or Order Filing 105 MEMORANDUM OPINION & ORDER by Senior Judge Thomas B. Russell on 10/4/2019. Sustained in Part and Overruled in Part #66 Objection to Magistrate Judge's Opinion and Order. See order for specifics.cc:counsel (KJA)
October 1, 2019 Filing 104 AMENDED SCHEDULING ORDER for proceedings held before Senior Judge Thomas B. Russell: Telephone Conference held on 9/20/2019. Denying #40 Motion to Amend/Correct; denying #59 Motion to Amend/Correct; granting #95 Motion for Extension of Time to Complete Discovery. Dispositive Motions due by 12/1/2019., Expert Witness (Defendant) due by 10/31/2019. cc:counsel (KJA)
September 27, 2019 Filing 103 RESPONSE to Motion re #98 Third MOTION to Compel Discovery filed by FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air, Inc.. (Attachments: #1 Proposed Order) (Hickey, Stockard)
September 23, 2019 NOTICE OF DOCKET CORRECTION re #102 Response to Objections, #98 Third MOTION to Compel Discovery ; Error: attachments incorrectly described; Correction: Advised filer of the error, referred to ECF User Manual and advised not to refile. (KJA)
September 20, 2019 Filing 102 Response to Objections re #66 Objection,, filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order Proposed Order) (Freed, Jonathan)
September 20, 2019 Filing 101 NOTICE of Filing of Depositions by J. B. Burrell, Jr, Marie Burrell (Freed, Jonathan)
September 20, 2019 Filing 100 DEPOSITION of Timothy Parker taken on 08/28/2019 by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
September 20, 2019 Filing 99 DEPOSITION of Matt Casey taken on 06/28/2019 by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
September 20, 2019 Filing 98 Third MOTION to Compel Discovery by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Exhibit EXHIBIT 6, #2 Exhibit EXHIBIT 22, #3 Exhibit EXHIBIT 28, #4 Exhibit EXHIBIT A, #5 Exhibit EXHIBIT B, #6 Exhibit EXHIBIT C, #7 Exhibit EXHIBIT D, #8 Exhibit EXHIBIT E, #9 Exhibit EXHIBIT F, #10 Exhibit EXHIBIT G, #11 Exhibit EXHIBIT H, #12 Exhibit EXHIBIT I, #13 Exhibit EXHIBIT J, #14 Exhibit EXHIBIT K, #15 Exhibit EXHIBIT L, #16 Exhibit EXHIBIT M, #17 Exhibit EXHIBIT N, #18 Exhibit EXHIBIT O, #19 Proposed Order PROPOSED ORDER) (Freed, Jonathan)
September 19, 2019 Filing 97 RESPONSE to Motion re #95 MOTION for Extension of Time to Complete Discovery filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Exhibit 1 - letter, #2 Exhibit 2 - emails, #3 Exhibit 3 - emails, #4 Exhibit 4 - letter, #5 Exhibit 5 - email, #6 Exhibit 6 - letter, #7 Exhibit 7 - Casey depo attempt, #8 Exhibit 8 - Whitfield depo excerpt, #9 Exhibit 9 - email, #10 Exhibit 10-A - Dr. Russell, JB, #11 Exhibit 10-B - Dr. Russell, Marie, #12 Exhibit 11 - letter, #13 Exhibit 12-A - D/C Summary, Marie, #14 Exhibit 12-B - D/C Summary, JB, #15 Exhibit 13 - email, #16 Exhibit 14 - Int. 8 Answer, #17 Exhibit 15 - letter, #18 Exhibit 16 - Duhon violation, #19 Proposed Order) (Freed, Jonathan)
September 16, 2019 Opinion or Order Filing 96 Order for proceedings held before Magistrate Judge Lanny King: Telephone Conference held on 9/11/2019. Fact Discovery due by 10/29/2019. Motion to Compel due by 9/20/2019. Response no later than 9/27/2019. cc:counsel (KJA)
September 12, 2019 Filing 95 MOTION for Extension of Time to Complete Discovery by Defendants FAF, Inc., FAF, Inc., Forward Air Corporation, Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Attachments: #1 Exhibit Atty Correspondence, #2 Exhibit Atty Correspondence, #3 Proposed Order) (Hickey, Stockard)
September 11, 2019 Opinion or Order Filing 94 MEMORANDUM OPINION & ORDER signed by Senior Judge Thomas B. Russell on 9/11/2019. Denying #52 Motion to Dismiss. cc: Counsel(KJA)
September 6, 2019 Opinion or Order Filing 93 TEXT ORDER by Magistrate Judge Lanny King on 09/06/2019. A Telephonic Status Conference is set for 9/11/2019 at 3:00 p.m. Central Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the Toll Free Number 1-877-848-7030 and entering the Access Code 7238577#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cc: counsel) (MHB)
September 6, 2019 Filing 92 NOTICE of Independent Medical Examination by Lindy W. Duhon, Element Financial Corp., Element Fleet Management Corp., FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Hickey, Stockard)
August 28, 2019 Filing 91 PLAINTIFFS' STIPULATION OF VOLUNTARY DISMISSAL by Senior Judge Thomas B. Russell on 8/27/2019. Celadon Group, Inc., Celadon Logistics Services, Inc., Celadon Trucking Services, Inc., ECN Financial LLC, Element Financial Corp., Element Fleet Management Corp., Element Transportation Asset Trust, Element Transportation, LLC, FAF, Inc. ((TN)), FAF, Inc. ((OH)), Forward Air Services, LLC, Forward Air Solutions, Inc., 19th Capital Group, Inc. and 19th Capital Group, LLC terminated. See order for specifics.cc:counsel (KJA)
August 27, 2019 Filing 90 NOTICE of Service of Supplemental Expert Disclosure by J. B. Burrell, Jr, Marie Burrell (Freed, Jonathan)
August 19, 2019 Filing 89 STIPULATION of Dismissal by J. B. Burrell, Jr, Marie Burrell. (Stewart, Ben)
August 14, 2019 Filing 88 JUDGE'S REPORT for proceedings held before Magistrate Judge Lanny King: Settlement Conference held on 8/13/2019. cc:counsel (KJA)
August 14, 2019 Filing 87 NOTICE of OFFER OF JUDGMENT by 19th Capital Group, Inc., 19th Capital Group, LLC, Lindy W. Duhon, Element Financial Corp., Element Fleet Management Corp., Element Transportation Asset Trust, Element Transportation, LLC, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Hickey, Stockard)
August 8, 2019 Filing 86 STIPULATION by ECN Financial LLC. (Coltharp, James)
August 5, 2019 Opinion or Order Filing 85 AGREED PROTECTIVE ORDER by Magistrate Judge Lanny King on 8/5/2019. cc:counsel (KJA)
August 1, 2019 Opinion or Order Filing 84 TEXT ORDER by Magistrate Judge Lanny King on 07/31/2019. The Telephonic Status Conference was held on 07/31/2019. Counsel for the parties attended the conference. The Settlement Conference scheduled at Docket Number #76 will proceed as ordered. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cc: counsel) (MHB)
July 30, 2019 Filing 83 Proposed Agreed Order/Stipulation by 19th Capital Group, Inc., 19th Capital Group, LLC, Lindy W. Duhon, Element Financial Corp., Element Fleet Management Corp., Element Transportation Asset Trust, Element Transportation, LLC, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard)
July 30, 2019 Opinion or Order Filing 82 TEXT ORDER by Magistrate Judge Lanny King on 07/30/2019. A Telephonic Status Conference is scheduled before Magistrate Judge Lanny King on 07/31/2019 at 9:30 a.m. Central Time. Counsel for the parties shall connect to the call by dialing the Toll Free Number 1-877-848-7030 and entering the Access Code 7238577#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB)
July 30, 2019 Filing 81 RESPONSE to Motion re #77 MOTION for Leave to File Amended Answer filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Proposed Order) (Stewart, Ben)
July 25, 2019 Filing 80 CERTIFICATE OF SERVICE by ECN Financial LLC (Coltharp, James)
July 22, 2019 Filing 79 NOTICE of Service of Expert Disclosures by J. B. Burrell, Jr, Marie Burrell (Freed, Jonathan)
July 16, 2019 Filing 78 MOTION to Withdraw #72 Answer to Complaint, Crossclaim, Counterclaim by Counter Claimant ECN Financial LLC, Cross Claimant ECN Financial LLC, Defendant ECN Financial LLC, Cross Defendant ECN Financial LLC (Attachments: #1 Proposed Order) (Coltharp, James)
July 16, 2019 Filing 77 MOTION for Leave to File Amended Answer by Counter Claimant ECN Financial LLC, Cross Claimant ECN Financial LLC, Defendant ECN Financial LLC, Cross Defendant ECN Financial LLC (Attachments: #1 First Amended Answer, #2 Proposed Order) (Coltharp, James)
July 8, 2019 Opinion or Order Filing 76 SETTLEMENT CONFERENCE ORDER by Magistrate Judge Lanny King on 7/8/2019. Settlement Conference set for 8/13/2019 at 9:00 AM in chambers, Paducah KY before Magistrate Judge Lanny King.cc:counsel (KJA)
July 3, 2019 Filing 75 MOTION to Strike #72 Answer to Complaint, Crossclaim, Counterclaim by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Proposed Order) (Stewart, Ben)
July 1, 2019 Filing 74 ANSWER to #72 Answer to Complaint, Crossclaim, Counterclaim of ECN FInancial, LLC by 19th Capital Group, Inc., 19th Capital Group, LLC, Lindy W. Duhon, Element Financial Corp., Element Fleet Management Corp., Element Transportation Asset Trust, Element Transportation, LLC, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard)
July 1, 2019 Filing 73 ANSWER to #72 Answer to Complaint, Crossclaim, Counterclaim by Celadon Group, Inc., Celadon Logistics Services, Inc., Celadon Trucking Services, Inc.. (Langenbahn, Jay)
June 28, 2019 Filing 72 ANSWER to Complaint , CROSSCLAIM against All Defendants, COUNTERCLAIM against All Plaintiffs by ECN Financial LLC. (Coltharp, James)
June 28, 2019 Opinion or Order Filing 71 ORDER for proceedings held before Magistrate Judge Lanny King: Telephone Conference held on 6/25/2019. Denying #41 Motion to Produce; denying #45 Motion to Compel. cc:counsel (KJA)
June 27, 2019 Opinion or Order Filing 70 ORDER OF REFERRAL FOR SETTLEMENT by Senior Judge Thomas B. Russell on 6/27/2019. This matter is referred to Magistrate Judge Lanny King for a settlement conference. cc:counsel, CM-King (KJA)
June 21, 2019 Filing 69 RULE 26 INITIAL DISCLOSURE STATEMENT by ECN Financial LLC. (Coltharp, James)
June 21, 2019 NOTICE OF DOCKET CORRECTION re #68 Objection,, Response to Motion, ; Error: Objection and Response to Motion selected when filing; the signature on the document and login do not match; Correction: advised filer of the errors and correction made to the entry and referred filer to the ECF User Manual for signature requirements. (KJA)
June 20, 2019 Filing 68 RESPONSE to Motion re #65 MOTION for Leave to File Surreply ( Replies due by 7/5/2019.) filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Exhibit 1 - email chain) (Stewart, Ben) Modified on 6/21/2019 to edit docket text (KJA).
June 14, 2019 Opinion or Order Filing 67 MEMORANDUM OPINION & ORDER signed by Senior Judge Thomas B. Russell on 6/14/2019. Denying #21 Motion to Dismiss for Failure to State a Claim; denying #9 Motion to Dismiss for Failure to State a Claim; denying #12 Motion to Dismiss for Failure to State a Claim; denying #12 Motion to Dismiss for Lack of Jurisdiction; denying #17 Motion for Summary Judgment. cc: Counsel(KJA)
June 13, 2019 Filing 66 Objection to #62 Order on Motion to Compel filed by 19th Capital Group, Inc., 19th Capital Group, LLC, Lindy W. Duhon, Element Financial Corp., Element Fleet Management Corp., Element Transportation Asset Trust, Element Transportation, LLC, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Proposed Order) (Hickey, Stockard)
June 7, 2019 Filing 65 MOTION for Leave to File Surreply by Defendant ECN Financial LLC (Attachments: #1 Reply Surreply, #2 Proposed Order) (Coltharp, James)
June 7, 2019 Filing 64 REPLY to Response to Motion re #59 MOTION to Amend/Correct #23 Scheduling Conference,,, Referring Case to Magistrate Judge,, filed by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
June 5, 2019 Opinion or Order Filing 63 ORDER by Magistrate Judge Lanny King on 6/4/2019. Telephone Conference set for 6/25/2019 at 2:30 PM before Magistrate Judge Lanny King. Counsel for the parties may connect to the conference by dialing the toll- free number 1-877-848-7030 and entering access code 7238577# when prompted.cc:counsel (KJA)
May 31, 2019 Opinion or Order Filing 62 OPINION AND ORDER Signed by Magistrate Judge Lanny King on 5/31/2019 re #33 Motion to Compel. Plaintiffs' Motion to Compel is GRANTED in part and DENIED in part, as described [herein]. (Docket #33 ). cc: Counsel (CDF)
May 28, 2019 Filing 61 RESPONSE to Motion re #59 MOTION to Amend/Correct #23 Scheduling Conference,,, Referring Case to Magistrate Judge,, filed by ECN Financial LLC. (Coltharp, James)
May 23, 2019 Filing 60 RESPONSE to Motion re #59 MOTION to Amend/Correct #23 Scheduling Conference,,, Referring Case to Magistrate Judge,, filed by 19th Capital Group, Inc., 19th Capital Group, LLC, Element Financial Corp., Element Fleet Management Corp., Element Transportation Asset Trust, Element Transportation, LLC, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Proposed Order) (Hickey, Stockard)
May 22, 2019 Filing 59 MOTION to Amend/Correct #23 Scheduling Conference,,, Referring Case to Magistrate Judge,, by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Proposed Order Amended Scheduling Order) (Stewart, Ben)
May 13, 2019 NOTICE OF DOCKET CORRECTION re #56 Objection and #55 Objection; Error: Wrong Event Selected by Filer; Correction: Re-docketed as Response to Motion by Court. (MNM)
May 10, 2019 RESPONSE to Motion re #51 MOTION for Summary Judgment as to Intervening Complaint filed by Cherokee Insurance Company and Jack Hicks Company of Elk Park Inc. SEE DN #56 TO VIEW DOCUMENTS. (MNM)
May 10, 2019 RESPONSE to Motion re #52 Supplemental MOTION to Dismiss Improperly Named Parties for Failure to State a Claim filed by Cherokee Insurance Company and Jack Hicks Company of Elk Park Inc. SEE DN #55 TO VIEW DOCUMENTS. (MNM)
May 10, 2019 Filing 56 Objection to filed by Cherokee Insurance Company and Jack Hicks Company of Elk Park Inc. (Attachments: #1 Proposed Order overruling Celadon SJ Motion) (Dawson, Stanley) Modified on 5/13/2019 to correct filers (MNM).
May 10, 2019 Filing 55 Objection to filed by Cherokee Insurance Company and Jack Hicks Company of Elk Park Inc. (Attachments: #1 Proposed Order overruling Forward Air MTD) (Dawson, Stanley) Modified on 5/13/2019 to correct filers (MNM).
May 6, 2019 Filing 54 NOTICE to Take Deposition of Loretta Duhon by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
May 6, 2019 Filing 53 NOTICE to Take Deposition of Lindy W. Duhon by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
April 29, 2019 Filing 52 Supplemental MOTION to Dismiss Improperly Named Parties for Failure to State a Claim by Defendants 19th Capital Group, Inc., 19th Capital Group, LLC, Element Financial Corp., Element Fleet Management Corp., Element Transportation Asset Trust, Element Transportation, LLC, FAF, Inc., FAF, Inc., Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Attachments: #1 Proposed Order) (Hickey, Stockard)
April 29, 2019 Filing 51 MOTION for Summary Judgment as to Intervening Complaint by Defendants Celadon Group, Inc., Celadon Logistics Services, Inc., Celadon Trucking Services, Inc. (Attachments: #1 Proposed Order) (Langenbahn, Jay)
April 23, 2019 Filing 50 RESPONSE to Motion re #48 MOTION to Dismiss Intervening Complaint filed by Cherokee Insurance Company. (Dawson, Stanley)
April 19, 2019 Filing 49 RESPONSE to Motion re #45 MOTION to Compel Discovery filed by FAF, Inc.((OH)), Forward Air Corporation, Forward Air, Inc.. (Attachments: #1 Proposed Order) (Hickey, Stockard)
April 16, 2019 Filing 48 MOTION to Dismiss Intervening Complaint by Defendant ECN Financial LLC (Attachments: #1 Proposed Order) (Coltharp, James)
April 15, 2019 Filing 47 ANSWER to #44 Intervenor Complaint by Celadon Group, Inc., Celadon Logistics Services, Inc., Celadon Trucking Services, Inc.. (Langenbahn, Jay)
April 12, 2019 Filing 46 ANSWER to #44 Intervenor Complaint by 19th Capital Group, Inc., 19th Capital Group, LLC, Lindy W. Duhon, Element Financial Corp., Element Fleet Management Corp., Element Transportation Asset Trust, Element Transportation, LLC, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard)
April 12, 2019 Filing 45 MOTION to Compel by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Exhibit 1 - Discovery Responses, #2 Exhibit 2 - Correspondence re discovery, #3 Exhibit 3 - Emails re APO, #4 Exhibit 4 - Draft Proposed APO, #5 Proposed Order) (Freed, Jonathan)
April 11, 2019 Filing 44 Intervenor COMPLAINT, filed by Jack Hicks Company of Elk Park Inc. and Cherokee Insurance Company. (MNM)
April 11, 2019 Opinion or Order Filing 43 ORDER signed by Senior Judge Thomas B. Russell on 4/11/2019 granting #29 Motion to Intervene. cc: Counsel of Record(MNM)
April 10, 2019 Filing 42 ATTACHMENT(s) to Motion to Produce an Order to Comply with Subpoenas re #41 Motion to Produce, by Lindy W. Duhon. (Hickey, Stockard)
April 10, 2019 Filing 41 MOTION to Produce and Order to Comply by Defendant Lindy W. Duhon (Attachments: #1 Memorandum in Support, #2 Exhibit Signed Subpoenas, #3 Exhibit Correspondence from Counsel for Pardee Hospital, #4 Proposed Order) (Hickey, Stockard)
March 29, 2019 Filing 40 MOTION to Amend/Correct #23 Scheduling Conference,,, Referring Case to Magistrate Judge,, Lanny King by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Exhibit, #2 Proposed Order) (Freed, Jonathan)
March 29, 2019 Opinion or Order Filing 39 Order for proceedings held before Magistrate Judge Lanny King: Telephone Conference held on 3/29/2019. Motion to Compel due by 4/12/2019. See order for specifics. cc:counsel (KJA)
March 28, 2019 Opinion or Order Filing 38 ORDER by Magistrate Judge Lanny King on 3/28/2019. Telephone Conference set for 3/29/2019 at 10:30 AM before Magistrate Judge Lanny King. Counsel for the parties may connect to the conference by dialing the toll-free number 1-877-848-7030 and entering access code 7238577# when prompted.cc:counsel (KJA)
February 25, 2019 Opinion or Order Filing 37 Order for proceedings held before Magistrate Judge Lanny King: Status Conference held on 2/22/2019. See order for specifics. cc:counsel (KJA)
February 22, 2019 Opinion or Order Filing 36 TEXT ORDER by Magistrate Judge Lanny King on 02/22/2019. A Telephonic Status is set for 2/22/2019 at 2:00 p.m. Central Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the Toll-Free Number 1-877-848-7030 and entering the Access Code 7238577#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB)
February 21, 2019 Filing 35 REPLY to Response to Motion re #33 MOTION to Compel filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Exhibit 1 - Whitfield information, #2 Exhibit 2 - Complaint 07 31 18) (Freed, Jonathan)
February 14, 2019 Filing 34 RESPONSE to Motion re #33 MOTION to Compel Discovery filed by 19th Capital Group, Inc., 19th Capital Group, LLC, Element Financial Corp., Element Fleet Management Corp., Element Transportation Asset Trust, Element Transportation, LLC, FAF, Inc.((OH)), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Exhibit Def's Counsel Resp letter-Jan. 22, 2019, #2 Exhibit FAF, Inc.'s Resps to Interrogs and RFPD, #3 Proposed Order Denying MTC Discovery) (Hickey, Stockard)
February 8, 2019 Filing 33 MOTION to Compel by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Exhibit Letter, #2 Exhibit Duhon discovery, #3 Exhibit FAF, Inc. discovery, #4 Exhibit Medical certificate, #5 Exhibit Lease, #6 Exhibit Manifest, #7 Exhibit TN SOS filings, #8 Exhibit Certification Form, #9 Exhibit Drug & Alcohol Abuse Policy Certification, #10 Proposed Order) (Freed, Jonathan)
February 4, 2019 Opinion or Order Filing 32 Order for proceedings held before Magistrate Judge Lanny King: Telephone Conference held on 2/1/2019. Motion to compel due by 2/8/2019. Responses due by 2/22/2019. Replies due by 3/1/2019. cc:counsel (KJA)
January 30, 2019 Filing 31 Letter from Daniel Buzzetta by ECN Financial LLC. (Coltharp, James)
January 29, 2019 Opinion or Order Filing 30 TEXT ORDER by Magistrate Judge Lanny King on 01/28/2019. Counsel for the parties contacted the Court regarding a discovery dispute. A Telephonic Status Conference is scheduled, regarding this matter, before Magistrate Judge Lanny King on 02/01/2019 at 1:30 p.m. Central Time. Counsel of record shall connect to the call by dialing 1-877-848-7030 and entering the Access Code 7238577#. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB)
January 21, 2019 Filing 29 MOTION to Intervene by Intervenor Parties Cherokee Insurance Company, Jack Hicks Company of Elk Park Inc. (Attachments: #1 Proposed Order Granting Motion for Leave to Intervene, #2 Tendered Intervening Complaint) (Dawson, Stanley)
December 17, 2018 Filing 28 REPLY re #17 MOTION for Summary Judgment filed by Celadon Group, Inc., Celadon Logistics Services, Inc., Celadon Trucking Services, Inc.. (Attachments: #1 Exhibit Response to Discovery, #2 Exhibit Response to Discovery, #3 Exhibit Response to Discovery, #4 Exhibit Vehicle History, #5 Exhibit AutoCheck) (Langenbahn, Jay)
December 17, 2018 Filing 27 RESPONSE to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Certain Improperly Named Parties) filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Proposed Order) (Freed, Jonathan)
December 10, 2018 Filing 26 REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by ECN Financial LLC. (Attachments: #1 Exhibit Reply Declaration of Tougas) (Coltharp, James)
December 4, 2018 Filing 25 RESPONSE to Motion re #17 MOTION for Summary Judgment filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Exhibit 1- Ohio MV Registration, #2 Exhibit 2- June 29, 2018 emails, #3 Exhibit 3 - Celadon Trucking information, #4 Exhibit 4 - Celadon Directors, #5 Exhibit 5 - Celadon Group information, #6 Exhibit 6 - SEC Form 12b-25, #7 Exhibit 7 - Celadon Federal Criminal Investigation, #8 Proposed Order) (Freed, Jonathan)
December 3, 2018 Filing 24 REPLY to Response to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Re Improperly Named Parties filed by 19th Capital Group, Inc., 19th Capital Group, LLC, Lindy W. Duhon, Element Financial Corp., Element Fleet Management Corp., Element Transportation Asset Trust, Element Transportation, LLC, FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Attachments: #1 Proposed Order Order) (Hickey, Stockard)
November 30, 2018 Opinion or Order Filing 23 SCHEDULING ORDER for proceedings held before Senior Judge Thomas B. Russell: Telephonic Scheduling Conference held on 11/14/2018. Amended Pleadings due by 4/1/2019., Discovery due by 10/1/2019., Dispositive Motions due by 11/1/2019., Expert Witness (Defendant) due by 8/15/2019., Expert Witness (Plaintiff) due by 6/17/2019., Telephonic Final Pretrial Conference set for 2/14/2020 at 12:00 PM before Senior Judge Thomas B. Russell., Jury Trial set for 2/24/2020 at 9:00 AM in Paducah Courtroom before Senior Judge Thomas B. Russell., Telephone Conference set for 9/20/2019 at 11:30 AM before Senior Judge Thomas B. Russell. Referring Case to Magistrate Judge Lanny King. cc:counsel, CM-King (KJA)
November 30, 2018 Opinion or Order Filing 22 ORDER OF CONSOLIDATION signed by Senior Judge Thomas B. Russell on 11/26/2018. Granting (5) Motion to Consolidate Cases in case 5:18-cv-00141-TBR. 5:18CV145TBR is administratively DISMISSED. All complaints causes of action, answers, defenses and other pleadings in the dismissed case shall be incorporated by reference now as part of Case No. 5:18CV141TBR. cc: Counsel(KJA)
November 27, 2018 Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Certain Improperly Named Parties) by Defendants Lindy W. Duhon, Element Financial Corp., Element Fleet Management Corp., FAF, Inc., FAF, Inc., Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Attachments: #1 Proposed Order Order) (Hickey, Stockard)
November 26, 2018 Filing 20 RESPONSE to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Exhibit 1- Agreement, #2 Exhibit 2 - Assignment, #3 Exhibit 3 - Complaint, #4 Proposed Order) (Stewart, Ben)
November 26, 2018 Filing 19 RESPONSE to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Re Improperly Named Parties filed by J. B. Burrell, Jr, Marie Burrell. (Attachments: #1 Exhibit 1 - KSP Report, #2 Exhibit 2 - Lease Agreement, #3 Exhibit 3 - Forward Air SDRA, #4 Exhibit 4 - Lease Assignment, #5 Exhibit 5 - North email, #6 Exhibit 6 - Carpenter email, #7 Exhibit 7 - Ltr to Hickey, #8 Exhibit 8 - Hickey letter, #9 Proposed Order) (Freed, Jonathan)
November 19, 2018 Filing 18 Corporate Disclosure Statement by Celadon Group, Inc., Celadon Logistics Services, Inc., Celadon Trucking Services, Inc.. (Langenbahn, Jay)
November 13, 2018 Filing 17 MOTION for Summary Judgment by Defendants Celadon Group, Inc., Celadon Logistics Services, Inc., Celadon Trucking Services, Inc. (Attachments: #1 Affidavit Affidavit of Kenneth Carpenter, #2 Exhibit Traffic Collision Report, #3 Exhibit Element Individual Program Lease Agreement, #4 Exhibit Certificate of Title) (Langenbahn, Jay)
November 13, 2018 Filing 16 RULE 26 INITIAL DISCLOSURE STATEMENT by Celadon Group, Inc., Celadon Logistics Services, Inc., Celadon Trucking Services, Inc.. (Langenbahn, Jay)
November 13, 2018 Filing 15 RULE 26 INITIAL DISCLOSURE STATEMENT by J. B. Burrell, Jr, Marie Burrell. (Freed, Jonathan)
November 9, 2018 Filing 14 REPORT of Rule 26(f) Planning Meeting by Lindy W. Duhon, Element Financial Corp., Element Fleet Management Corp., FAF, Inc.((TN)), FAF, Inc.((OH)), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC. (Hickey, Stockard)
November 6, 2018 Opinion or Order Filing 13 TEXT ORDER signed by Senior Judge Thomas B. Russell on 11/6/2018. Granting #11 Motion to Appear Pro Hac Vice Danilo (Daniel) J. Buzzetta. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel(KJA)
November 5, 2018 Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Defendant ECN Financial LLC (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Jeffrey Tougas, #3 Proposed Order) (Coltharp, James)
November 5, 2018 Filing 11 MOTION for Danilo (Daniel) J. Buzzetta to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2746219. by Defendant ECN Financial LLC (Attachments: #1 Affidavit Affidavit of Dan Buzzetta, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Coltharp, James)
November 5, 2018 Filing 10 Corporate Disclosure Statement identifying Corporate Parent ECN Capital Corp. for ECN Financial LLC. by ECN Financial LLC. (Coltharp, James)
November 3, 2018 Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Re Improperly Named Parties by Defendants Lindy W. Duhon, Element Financial Corp., Element Fleet Management Corp., FAF, Inc., FAF, Inc., Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., Lindy Duhon Trucking, LLC (Attachments: #1 Memorandum in Support Memorandum, #2 Exhibit Redacted Police Report, #3 Proposed Order Order) (Hickey, Stockard)
November 1, 2018 Opinion or Order Filing 8 TEXT ORDER by Senior Judge Thomas B. Russell on 11/1/2018. IT IS ORDERED:1. Counsel who will represent the parties at trial and who have full authority to enter stipulations, to make admissions, and to bind the parties with respect to dates agreed upon or ordered shall be available for a TELEPHONIC SCHEDULING CONFERENCE ON NOVEMBER 14, 2018 at 10:00 a.m. CENTRAL TIME. The Court will place the call to counsel.2. Pursuant to Rule 26(f) Fed.R.Civ.P. counsel shall discuss and establish a discovery plan which shall be submitted to the Court at the scheduling conference either orally during the telephonic conference or in writing. Counsel are directed to make the mandatory disclosures required by Rule 26(a)(l) Fed.R.Civ.P. by said conference date.3. At the Rule 16 telephonic scheduling conference dates will be fixed for the following, as appropriate to the case: a) Joinder of additional parties and amendments to pleadings. b) Disclosure of deadlines for experts. c) Discovery scope, limits and completion. d) Filing of dispositive motions. e) Exchange of exhibits and final witness lists. f) Conferences before trial, including a final pretrial conference. g) Trial. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KPH)
September 27, 2018 Filing 7 NOTICE of Substitution of Counsel by ECN Financial LLC (Coltharp, James)
September 26, 2018 Filing 6 NOTICE of Availability for FRCP 16 TSC by J. B. Burrell, Jr, Marie Burrell (Stewart, Ben)
September 26, 2018 Filing 5 MOTION to Consolidate Cases by Plaintiffs J. B. Burrell, Jr, Marie Burrell (Attachments: #1 Proposed Order Consolidating Cases) (Stewart, Ben)
September 20, 2018 Filing 4 CLERK'S NOTICE re #1 Notice of Removal. cc: Counsel of Record, Marshall Circuit Court (MNM)
September 19, 2018 Filing 3 Corporate Disclosure Statement by ECN Financial LLC, Element Financial Corp., Element Fleet Management Corp., FAF, Inc.(TN), Forward Air Corporation, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., and Forward Air, Inc. (MNM)
September 19, 2018 Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (MNM)
September 19, 2018 Filing 1 NOTICE OF REMOVAL by Lindy W. Duhon from Marshall Circuit Court, case number 18-CI-306 (filing fee $400, receipt number 0644-2719623). (Attachments: #1 Exhibit Celadon's Answer, #2 Exhibit Element's Answer, #3 Exhibit Forward Air's Answer, #4 Exhibit State Court Complaint, #5 Exhibit State Court Summons, #6 Cover Sheet) (MNM)
September 19, 2018 ANSWER to Complaint previously filed in state court action by Lindy W. Duhon, FAF, Inc. (TN), Forward Air Corporation, Forward Air Services, LLC, Forward Air Solutions, Inc., Forward Air Technology and Logistics Services, Inc., Forward Air, Inc., and Lindy Duhon Trucking, LLC. (MNM)
September 19, 2018 ANSWER to Complaint previously filed in state court action by ECN Financial LLC, Element Financial Corp., and Element Fleet Management Corp. (MNM)
September 19, 2018 ANSWER to Complaint previously filed in state court action by Celadon Group, Inc., Celadon Logistics Services, Inc., and Celadon Trucking Services, Inc. (MNM)

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Search for this case: Burrell et al v. Duhon et al
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Defendant: ECN Financial LLC
Represented By: Stockard R. Hickey, III
Represented By: James R. Coltharp, Jr.
Represented By: Daniel J. Buzzetta
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Defendant: Forward Air Corporation
Represented By: Stockard R. Hickey, III
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Defendant: Lindy W. Duhon
Represented By: Stockard R. Hickey, III
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Defendant: Lindy Duhon Trucking, LLC
Represented By: Stockard R. Hickey, III
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Defendant: Forward Air Technology and Logistics Services, Inc.
Represented By: Stockard R. Hickey, III
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Defendant: Element Fleet Management Corp.
Represented By: Stockard R. Hickey, III
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Defendant: Celadon Group, Inc.
Represented By: Jay R. Langenbahn
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Defendant: Forward Air Services, LLC
Represented By: Stockard R. Hickey, III
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Defendant: FAF, Inc.
Represented By: Stockard R. Hickey, III
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Defendant: Celadon Logistics Services, Inc.
Represented By: Jay R. Langenbahn
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Defendant: Element Financial Corp.
Represented By: Stockard R. Hickey, III
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Defendant: Forward Air, Inc.
Represented By: Stockard R. Hickey, III
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Defendant: Celadon Trucking Services, Inc.
Represented By: Jay R. Langenbahn
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Defendant: Forward Air Solutions, Inc.
Represented By: Stockard R. Hickey, III
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Defendant: 19th Capital Group, Inc.
Represented By: Stockard R. Hickey, III
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Plaintiff: Marie Burrell
Represented By: Jonathan Freed
Represented By: L. Miller Grumley
Represented By: Scott P. Whonsetler
Represented By: Ben E. Stewart
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Plaintiff: J. B. Burrell, Jr.
Represented By: Jonathan Freed
Represented By: L. Miller Grumley
Represented By: Scott P. Whonsetler
Represented By: Ben E. Stewart
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Cross defendant: Element Transportation, LLC
Represented By: Stockard R. Hickey, III
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Cross defendant: 19th Capital Group, LLC
Represented By: Stockard R. Hickey, III
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Cross defendant: Element Transportation Asset Trust
Represented By: Stockard R. Hickey, III
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Intervenor plaintiff: Jack Hicks Company of Elk Park Inc.
Represented By: Stanley S. Dawson
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Intervenor plaintiff: Cherokee Insurance Company
Represented By: Stanley S. Dawson
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