Upchurch et al v. National Rifle Association et al (PLR3)
Plaintiff: Ricky Upchurch
Defendant: Life Insurance Company of North America and National Rifle Association
Case Number: 2:2019cv00149
Filed: August 15, 2019
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Debra C Poplin
Referring Judge: Pamela L Reeves
2 Judge: Cynthia R Wyrick
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2020 Filing 42 REPLY to Response to Motion re #36 MOTION to Dismiss filed by Life Insurance Company of North America, National Rifle Association. (Bradley, Marcie)
February 5, 2020 Filing 41 (Filed in error; See Docs. 39 and 40) RESPONSE in Opposition re #36 MOTION to Dismiss filed by Ricky Upchurch(as Executor of the ). (Attachments: #1 Other Memorandum of Law in Support of Plaintiff's Response to Defendant's Motion to Dismiss)(McMurray, Joseph) Modified docket text on 2/6/2020 (AMP).
February 5, 2020 Filing 40 MEMORANDUM in Support #39 Response in Opposition to Motion re #36 Motion to Dismiss. filed by Ricky Upchurch(as Executor of the ). (McMurray, Joseph) Modified docket text on 2/6/2020 to reflect correct filing (AMP).
February 5, 2020 Filing 39 RESPONSE in Opposition re #36 MOTION to Dismiss filed by Ricky Upchurch(as Executor of the ). (McMurray, Joseph)
January 31, 2020 Filing 38 REPORT of Rule 26(f) Planning Meeting. (Bradley, Marcie)
January 27, 2020 Filing 37 MEMORANDUM in Support of Motion re #36 MOTION to Dismiss filed by Life Insurance Company of North America, National Rifle Association. (Bradley, Marcie)
January 27, 2020 Filing 36 MOTION to Dismiss by Life Insurance Company of North America, National Rifle Association. (Bradley, Marcie)
January 23, 2020 Filing 35 NOTICE OF NONCONSENT by Life Insurance Company of North America, National Rifle Association (Bradley, Marcie)
January 21, 2020 Opinion or Order Filing 34 SCHEDULING ORDER: The trial of this case will be held before the undersigned United States District Judge, with a jury, beginning on TUESDAY, JULY 27, 2021 at 9:00 a.m. in Knoxville, Tennessee in Courtroom 3C. Signed by District Judge Pamela L Reeves on January 21, 2020. (AYB)
January 16, 2020 Opinion or Order Filing 33 ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Pamela L Reeves on 1/16/2020. (Attachments: #1 Other Notice of Consent/Nonconsent) (JCK)
January 15, 2020 Filing 32 ANSWER to #25 Amended Complaint by Life Insurance Company of North America. (Attachments: #1 Exhibit Policy, #2 Exhibit Claim File)(Bradley, Marcie) .
January 15, 2020 Filing 31 ANSWER to #25 Amended Complaint by National Rifle Association. (Attachments: #1 Exhibit Policy, #2 Exhibit Claim File)(Bradley, Marcie)
January 9, 2020 Opinion or Order Filing 30 ORDER denying #20 Motion to Amend/Correct. During the telephone conference, Plaintiff's counsel acknowledged that after further reflection the proper party, Life Insurance Company of North America, is currently before the Court and Defendant agreed; therefore, Plaintiff's motion [Doc. 20] is DENIED as the amendment would be futile. At the same time, the Court does find some valid basis for confusion by Plaintiff's counsel and declines for that reason to order the sanctions requested by Defendant. Signed by Magistrate Judge Cynthia R Wyrick on 01/09/2020. (AMP)
January 8, 2020 Filing 29 AMENDED COMPLAINT against Ricky Upchurch(For the use and benefit of the next of Kin )., filed by Ricky Upchurch(as Executor of the ). (Attachments: #1 Exhibit State of Nevada Traffic Accident Report, #2 Exhibit Death Certificate, #3 Exhibit Clark County Coroner)(McMurray, Joseph)
January 7, 2020 Opinion or Order Filing 28 ORDER: Plaintiff has filed a Second Motion to Amend/Revise Complaint [Doc. 20] and Defendants have filed a response in opposition to the motion [Doc. 27]. A telephone conference will be held in chambers to address these pleadings on Wednesday, January 8, 2020 at 8:30 a.m. Counsel shall call 1-888-278-0296 and use access code 1539438 to participate in the telephone conference. Signed by Magistrate Judge Cynthia R Wyrick on 01/07/2020. (AMP)
January 3, 2020 Filing 27 RESPONSE in Opposition re #20 Second MOTION to Amend/Revise filed by Life Insurance Company of North America, National Rifle Association. (Attachments: #1 Exhibit Exhibit A-email correspondence)(Bradley, Marcie)
January 3, 2020 Filing 26 Administrative Notice to Counsel #25 Amended Complaint : Amended Complaint is not signed. Requirements due by 1/8/2020. (AMP)
January 2, 2020 Filing 25 AMENDED COMPLAINT against National Rifle Association., filed by Ricky Upchurch(For the use and benefit of the next of Kin ). (Attachments: #1 Other Cover Letter)(McMurray, Joseph)
December 23, 2019 Filing 24 Administrative Notice to Counsel #21 Amended Complaint, #20 Second MOTION to Amend/Revise , #22 Amended Complaint : Please refile Second Motion to Amend/Revise, Doc. 20, with the s/signature completed and attach a proposed Amended Complaint to the Motion. Requirements due by 12/30/2019. (AMP)
December 20, 2019 Opinion or Order Filing 23 ORDER granting in part and denying in part #16 Motion to Amend/Correct. Plaintiffs motion is GRANTED with respect to correcting the factual inaccuracies in paragraphs 3 and 8 of the Complaint and in allowing the requested amendment to paragraph 12, but DENIED with respect to adding LINA, Inc. as a named defendant. Plaintiff is DIRECTED to file an Amended Complaint on or before January 3, 2020 that complies with the Courts order. Defendants are required to respond to the Amended Complaint as provided by the Federal Rules of Civil Procedure and the Local Rules.. Signed by Magistrate Judge Cynthia R Wyrick on 12/20/19. (RET)
December 20, 2019 Filing 22 AMENDED COMPLAINT Second against National Rifle Association., filed by Ricky Upchurch(as Executor of the ).(Culbertson, R)
December 20, 2019 Filing 21 AMENDED COMPLAINT Second against Ricky Upchurch(as Executor of the )., filed by Ricky Upchurch(as Executor of the ).(Culbertson, R)
December 20, 2019 Filing 20 Second MOTION to Amend/Revise by Ricky Upchurch(as Executor of the ). (Culbertson, R)
December 18, 2019 Filing 19 REPLY to Response to Motion re #16 MOTION to Amend/Revise #15 Amended Complaint filed by Ricky Upchurch(as Executor of the ). (Culbertson, R)
November 20, 2019 Filing 18 RESPONSE in Opposition re #16 MOTION to Amend/Revise #15 Amended Complaint filed by Life Insurance Company of North America, National Rifle Association. (Bradley, Marcie)
November 19, 2019 Filing 17 MEMORANDUM in Support of Motion re #16 MOTION to Amend/Revise #15 Amended Complaint filed by Ricky Upchurch(For the use and benefit of the next of Kin ). (Culbertson, R)
November 19, 2019 Filing 16 MOTION to Amend/Revise #15 Amended Complaint by Ricky Upchurch(For the use and benefit of the next of Kin ). (Culbertson, R)
November 18, 2019 Filing 15 AMENDED COMPLAINT against All Plaintiffs., filed by Ricky Upchurch(as Executor of the ).(Culbertson, R)
November 4, 2019 Opinion or Order Filing 14 ORDER REASSIGNING CASE. Magistrate Judge Debra C Poplin no longer assigned to case Case reassigned to Magistrate Judge Cynthia R Wyrick for all further proceedings. Signed by District Judge Pamela L Reeves on 11/4/2019. (RET)
September 11, 2019 Filing 13 NOTICE OF NONCONSENT by Ricky Upchurch(as Executor of the ) (Culbertson, R)
August 23, 2019 Opinion or Order Filing 12 ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Pamela L Reeves on 08/23/2019. (Attachments: #1 Other Notice of Consent/Non-Consent) (AMP)
August 22, 2019 Filing 11 ANSWER to Complaint by Life Insurance Company of North America. (Attachments: #1 Exhibit Policy)(Bradley, Marcie)
August 22, 2019 Filing 10 ANSWER to Complaint by National Rifle Association. (Attachments: #1 Exhibit Policy)(Bradley, Marcie)
August 22, 2019 Filing 9 Certificate of Corporate Interest by National Rifle Association. (Bradley, Marcie)
August 21, 2019 Magistrate Judge Debra C Poplin added. Pursuant to SO 19-13 and related case determination order doc. 4. (JCK)
August 19, 2019 Filing 8 Administrative Notice to Counsel : Please register for CM/ECF. Requirements due by 8/26/2019. (CAT)
August 19, 2019 Opinion or Order Filing 7 Order Governing Motions To Dismiss. Signed by District Judge Pamela L Reeves on 08/19/2019. (Copy of Order mailed to Joseph McMurray) (CAT)
August 19, 2019 Opinion or Order Filing 6 Order Governing Depositions. Signed by District Judge Pamela L Reeves on 08/19/2019. (Copy of Order mailed to Joseph W. McMurray) (CAT)
August 19, 2019 Opinion or Order Filing 5 Order Governing Sealing Confidential Information. Signed by District Judge Pamela L Reeves on 08/19/2019. (Copy of Order mailed to Joseph McMurray) (CAT)
August 19, 2019 Opinion or Order Filing 4 ORDER: The Court finds that the two cases are related as defined in Local Rule 3.2(d)(3)(A) as the cases arise out of the same transaction or occurrence involving a traffic accident in Nevada in August of 2014. Ricky Upchurch is the plaintiff in the original case and the related case. Therefore, the Court finds this case and Case No. 2:19-CV-148 should be deemed related. Signed by Magistrate Judge H Bruce Guyton on 08/19/2019. (CAT)
August 19, 2019 District Judge Pamela L Reeves added. (CAT)
August 15, 2019 Filing 3 Certificate of Corporate Interest by Life Insurance Company of North America identifying Corporate Parent Cigna Corporation for Life Insurance Company of North America. (Bradley, Marcie)
August 15, 2019 NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Life Insurance Company of North America. (CAT)
August 15, 2019 Filing 2 Administrative Notice to Counsel #1 Notice of Removal : For future reference please be sure to date the Civil Cover Sheet and file it in a non-fillable format. (CAT)
August 15, 2019 Case has been referred to Judge Corker for a related case determination. (CAT)
August 15, 2019 Filing 1 NOTICE OF REMOVAL from Sullivan County Chancery Court, case number 19-cv-18591. (Filing fee $ 400 receipt number 0649-4050690), filed by Life Insurance Company of North America. (Attachments: #1 Exhibit State Court Pleadings, #2 Exhibit Policy, #3 Exhibit Notice of Removal - State Court, #4 Other Civil Cover Sheet)(Bradley, Marcie)

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Defendant: Life Insurance Company of North America
Represented By: Marcie Kiggans Bradley
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Defendant: National Rifle Association
Represented By: Marcie Kiggans Bradley
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Plaintiff: Ricky Upchurch
Represented By: R Wayne Culbertson
Represented By: Joseph W McMurray
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