Mears et al v. U.S. Xpress Enterprises, Inc.
Plaintiff: Brian Mears and Daisy Shaffer
Defendant: U.S. Xpress Enterprises, Inc.
Case Number: 1:2020cv00145
Filed: June 5, 2020
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Travis R McDonough
Referring Judge: Christopher H Steger
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2020 Filing 36 NOTICE of Voluntary Dismissal of Case With Prejudice by Brian Mears(Individually) (Martin, Jean)
September 15, 2020 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time to File Response. Plaintiff shall have an additional ten (10) days to file his Response to Defendants Motion to Dismiss up to and including Monday, September 21, 2020. Signed by Magistrate Judge Christopher H Steger on 09/15/2020. (BRS)
September 11, 2020 Filing 34 Joint MOTION for Extension of Time to File Response/Reply to Motion to Dismiss or to Finalize Settlement by Brian Mears(Individually), Brian Mears(On Behalf of Others Similarly Situated). (Attachments: #1 Other Proposed Order)(Martin, Jean)
September 9, 2020 Opinion or Order Filing 33 ORDER granting #32 Motion for Extension of Time to File Response/Reply re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant U.S. Xpress Enterprises, Inc.'s Motion to Dismiss Complaint Responses due by 9/11/2020 Replies due by 9/18/2020. Signed by Magistrate Judge Christopher H Steger on 09/09/2020. (BRS)
September 8, 2020 Filing 32 Joint MOTION for Extension of Time to File Response/Reply as to #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant U.S. Xpress Enterprises, Inc.'s Motion to Dismiss Complaint by Brian Mears(Individually). (Attachments: #1 Other Proposed Order)(Martin, Jean)
August 18, 2020 Opinion or Order Filing 31 AGREED ORDER granting #29 NOTICE OF SETTLEMENT and Joint Motion to Extend Briefing Schedule filed by Brian Mears: it is hereby ORDERED that Plaintiff shall have an additional twenty-two days to file his Response to Defendant's Motion to Dismiss up to and including Tuesday, September 8, 2020. Signed by District Judge Travis R McDonough on 8/18/2020. (BJL)
August 18, 2020 Filing 30 [Disregard incorrect document] (BJL) Modified on 8/18/2020 (BJL).
August 17, 2020 Filing 29 NOTICE OF SETTLEMENT and Joint Motion to Extend Briefing Schedule by Brian Mears(Individually) Parties did not participate in mediation/arbitration. (Attachments: #1 Other Proposed Order)(Martin, Jean) Modified on 8/18/2020 to change event type to motion(BJL).
August 14, 2020 Opinion or Order Filing 28 ORDER granting #27 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Christopher H Steger on 08/14/2020. (BRS) Modified on 8/17/2020 (BJL).Mailed to Francesca Kester
August 13, 2020 Minute Entry for proceedings held before District Judge Travis R McDonough: Scheduling Conference held on 8/13/2020, no court reporter or courtroom deputy present. (SAC)
August 11, 2020 Clerk's Verification of PHV Requirements is complete regarding document: #27 MOTION for Leave to Appear Pro Hac Vice Francesca Kester ( Filing fee $ 90 receipt number ATNEDC-4441146.) filed by Brian Mears as to Brian Mears(Individually), Brian Mears(On Behalf of Others Similarly Situated) (SAC)
August 10, 2020 Filing 27 MOTION for Leave to Appear Pro Hac Vice Francesca Kester ( Filing fee $ 90 receipt number ATNEDC-4441146.) by Brian Mears(Individually), Brian Mears(On Behalf of Others Similarly Situated). (Attachments: #1 Exhibit Certificate of Good Standing)(Martin, Jean)
August 6, 2020 Filing 26 REPORT of Rule 26(f) Planning Meeting. (Powers, K)
August 4, 2020 Opinion or Order Filing 25 ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Travis R McDonough on 8/4/2020. (Attachments: #1 Other Notice of Consent/Non Consent) (BJL)
August 3, 2020 Filing 24 MEMORANDUM in Support of Motion re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant U.S. Xpress Enterprises, Inc.'s Motion to Dismiss Complaint filed by U.S. Xpress Enterprises, Inc.. (Powers, K)
August 3, 2020 Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant U.S. Xpress Enterprises, Inc.'s Motion to Dismiss Complaint by U.S. Xpress Enterprises, Inc.. (Powers, K)
August 3, 2020 Filing 22 Certificate of Corporate Interest by U.S. Xpress Enterprises, Inc.. (Powers, K)
August 3, 2020 Filing 21 STIPULATION of Dismissal Party by Daisy Shaffer(On Behalf of Others Similarly Situtated), Daisy Shaffer(Individually). (Martin, Jean)
July 30, 2020 Opinion or Order Filing 20 ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Christopher H Steger on 07/30/2020. (BRS)
July 30, 2020 Opinion or Order Filing 19 ORDER granting #17 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Christopher H Steger on 07/30/2020. (BRS)
July 30, 2020 Clerk's Verification of PHV Requirements is complete regarding document: #18 MOTION for Leave to Appear Pro Hac Vice of Donald M. Houser ( Filing fee $ 90 receipt number ATNEDC-4428312.) filed by U.S. Xpress Enterprises, Inc., #17 MOTION for Leave to Appear Pro Hac Vice of Kristine McAlister Brown ( Filing fee $ 90 receipt number ATNEDC-4428301.) filed by U.S. Xpress Enterprises, Inc. (AML)
July 29, 2020 Filing 18 MOTION for Leave to Appear Pro Hac Vice of Donald M. Houser ( Filing fee $ 90 receipt number ATNEDC-4428312.) by U.S. Xpress Enterprises, Inc.. (Attachments: #1 Certificate of Good Standing)(Powers, K)
July 29, 2020 Filing 17 MOTION for Leave to Appear Pro Hac Vice of Kristine McAlister Brown ( Filing fee $ 90 receipt number ATNEDC-4428301.) by U.S. Xpress Enterprises, Inc.. (Attachments: #1 Certificate of Good Standing)(Powers, K)
July 27, 2020 Opinion or Order Filing 16 ORDER denying #15 Motion for Extension of Time to File Response/Reply. Signed by District Judge Travis R McDonough on 7/27/2020. (CNC)
July 27, 2020 Filing 15 Joint MOTION for Extension of Time to File Response/Reply TO RESET CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES by U.S. Xpress Enterprises, Inc.. (Attachments: #1 Other)(Powers, K)
July 14, 2020 Opinion or Order Filing 14 ORDER Scheduling Conference set for 8/13/2020, at 11:00 AM in Judge's Chambers (Telephonic Hearing) before District Judge Travis R. McDonough.Signed by District Judge Travis R. McDonough on 7/14/2020. (CMH)
July 13, 2020 Filing 13 STIPULATION Joint Stipulation Extending Time for Defendant to File Answer or Other Responsive Pleading by U.S. Xpress Enterprises, Inc.. (Powers, K)
July 2, 2020 Opinion or Order Filing 12 ORDER REASSIGNING CASE. District Judge Pamela L Reeves no longer assigned to case. Case reassigned to District Judge Travis R McDonough for all further proceedings. Signed by District Judge Pamela L Reeves on 7/1/20. (GRE)
June 9, 2020 Filing 11 Informational only, for future filings. Administrative Notice to Counsel. (SAC)
June 9, 2020 Filing 10 Summons Issued as to U.S. Xpress Enterprises, Inc.. (SAC)
June 9, 2020 Opinion or Order Filing 9 ORDER granting #2 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Christopher H Steger on 06/09/2020. (BRS)
June 8, 2020 Filing 8 SUPPLEMENT to #1 Complaint Civil Cover Sheet by Brian Mears(Individually), Daisy Shaffer(On Behalf of Others Similarly Situtated). (Barnett, Kathryn)
June 8, 2020 Filing 7 SUPPLEMENT to #1 Complaint Summons by Brian Mears(Individually), Daisy Shaffer(On Behalf of Others Similarly Situtated). (Barnett, Kathryn)
June 8, 2020 Opinion or Order Filing 6 Order Governing Sealing Confidential Information. Signed by District Judge Pamela L Reeves on 6/8/2020. (AML)
June 8, 2020 Opinion or Order Filing 5 Order Governing Motions To Dismiss. Signed by District Judge Pamela L Reeves on 6/8/2020. (AML)
June 8, 2020 Opinion or Order Filing 4 Order Governing Depositions. Signed by District Judge Pamela L Reeves on 6/8/2020. (AML)
June 8, 2020 Filing 3 Administrative Notice to Counsel #1 Complaint : requirements due by 6/15/2020. (AML)
June 8, 2020 District Judge Pamela L Reeves and Magistrate Judge Christopher H Steger added. (AML)
June 8, 2020 Clerk's Verification of PHV Requirements is complete regarding document: #2 MOTION for Leave to Appear Pro Hac Vice of Jean S. Martin ( Filing fee $ 90 receipt number ATNEDC-4366406.) filed by Daisy Shaffer, Brian Mears (AML)
June 8, 2020 No summons received with initiating documents. Therefore, summons not issued as to U.S. Xpress Enterprises, Inc. (AML)
June 5, 2020 Filing 2 MOTION for Leave to Appear Pro Hac Vice of Jean S. Martin ( Filing fee $ 90 receipt number ATNEDC-4366406.) by Brian Mears, Daisy Shaffer. (Attachments: #1 Exhibit Certificate of Good Standing)(Barnett, Kathryn)
June 5, 2020 Filing 1 COMPLAINT against U.S. Xpress Enterprises, Inc. ( Filing fee $ 400 receipt number ATNEDC-4366397.), filed by Brian Mears, Daisy Shaffer. (Attachments: #1 Exhibit Letter from U.S. Xpress)(Barnett, Kathryn)

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Plaintiff: Brian Mears
Represented By: Kathryn E Barnett
Represented By: Jean S. Martin
Represented By: Francesca Kester Kester
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Plaintiff: Daisy Shaffer
Represented By: Kathryn E Barnett
Represented By: Jean S. Martin
Represented By: Francesca Kester Kester
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Defendant: U.S. Xpress Enterprises, Inc.
Represented By: Donald M. Houser
Represented By: Kristine McAlister Brown
Represented By: K Stephen Powers
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