Auchard et al v. Tennessee Valley Authority (TV1)
Linda Elaine Barnes, Robert Gajewski, Frank Balzer, Sharon G Wheeler, William W Clark, Anita Auchard, Kristi Baker, Sybil Ball, Elaine Barnes, Jim Barnes, Rick A Barrett, Brian T Beaty, Tracy A Beaty, Elizabeth A Bradford, Amy Brandon, Diane J Breiner, Fred J Breiner, Lance W Brimble, Jeffrey Bryant, Cortney Bryson, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Charles Cates, Joyce Cates, Buffy K Clark, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Jacqui L Doughty, Pat Doughty, Scott L Doughty, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Doris S Edwards, Nancy Engman, Paul Engman, Bob Gajewski, Janet Gajewski, Elisa Gastineau, Michael Gastineau, David Grunwell, Kathy Grunwell, Fred Guinn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Tami Hines-Williams, Greg Hoskins, Kelly Hoskins, Susan Hutchinson, Twilight Loy, Christopher Luffman, Alice McDowell, Angela L Melton, Jackie Melton, Marilyn Mitchell, Thomas Mitchell, Jr, Erik M Perez, Tony Perez, Charles L Phillips, Pamela J Phillips, Bruce Renzo, Stephen K Renzo, John V Riccio, Micah L Rusinek, Mitchel Rutherford, Judy K Smith, Paul Smith, Victoria Smith, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Alfred D Steimel, Sylvia A Steimel, Deborah S Stiles, Elizabeth M Stone, Eric M Stone, Peter M Stresen-Reuter, Gary D Thomas, Robert Trimmer, Brian Walker, James F Webb, Terina Webb, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, De'Lano Williams, Deborah A Zeckser, Freank Balzer, Patricia Balzer, Jonathan W Bennett, Jeremy Bivens, J Beverly Boling, Jimmy L Boling, Blaine Botkin, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Sharon L Brock, Sandra G Brown, Vince Brown, Charles R Brumley, Alexis Bryson, Catherine T Cowan, Ronald W Cowan, Justin K Cox, Glenn K Daniel, Shirley M Daniel, Christopher Daulton, Melissa Daulton, Clint Davis, Robert M Doss, Deborah L Driggers, Thomas Ebert, Roger C Eckstrom, Shirley E Eckstrom, Judy M Forrester, Thomas J Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, James D Freeman, George B Fulton, MaryAnn E Fulton, Sharon Galloway, Christina Giles, Kurt Giles, Patrick Gough, Terri Gough, William Gough, Elisha Hall, Ellis R Hamby, Jonathan D Hamilton, Charles E Hampton, Pamela M Hampton, Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison, Danny Hawn, Frankie L Hawn, Delayne G Hooks, Ken R Hooks, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Greg Keskey, Fontaine B King, Dianna D Krupp, Julius J Krupp, Jr, Dustin B Ladd, Opal I Ladd, Joe C Lively, Marietha B Lively, Sheral D Lively, Teresa Lively, Travis Lively, Morris Marlow, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Carole A Michaels, Charli Michaels, Chad Miles, Paul Nuckols, Patricia Pankey, Thyrone Pankey, Donna L Pendasulo, John Pendasulo, Katrina Poland, Kelvin Poland, Joel A Prince, Mary A Prince, Brenna Reed, Demond M Reed, Karen Renzo, Patricia L Roberts, Steven R Roberts, Gary Rolen, Stanley R Rusinek, James Ryan, Holly Schean, Joan H Sheldon, Cynthia D Shillings, Marilyn Shillings, Mary E Simmon, A Ray Simon, Carol A Smith, Paul M Smith, Richard W Snow, Tina S Snow, Kathy F Snyder, William C Snyder, Jimmy D Stout, Rhonda F Stout, James Summers, Justin D Tapp, Tina Tarter, Dennis A Tollefson, Laurie Tollefson, Orville E Wann, Susan L Wann, Sharon Wheeler, William S Wheeler, Crystal R White, Michael - White, Mark Whitlock, Dwayne M Wilds, Karen Wilds, Michael Y Wollerman, Barry D Wright, Martha B Young and Robert D Young |
3:2009cv00054 |
February 18, 2009 |
US District Court for the Eastern District of Tennessee |
Environmental Matters Office |
Knox |
H Bruce Guyton |
Thomas A Varlan |
Environmental Matters |
28 U.S.C. § 1331 Fed. Question |
None |
Docket Report
This docket was last retrieved on November 25, 2014. A more recent docket listing may be available from PACER.
Document Text |
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Filing 657 ORDER to Disburse Attorneys Fees. Signed by Magistrate Judge H Bruce Guyton on November 26, 2014. (RLK) |
Filing 656 ORDER REFERRING MOTION: MOTION To Return Funds referred to the Honorable H. Bruce Guyton, USMJ.Signed by Chief District Judge Thomas A Varlan on 10/8/14. (ABF) |
Filing 655 ORDER, ENTERED AS JUDGMENT, DISMISSING ALL CLAIMS OF ALL PLAINTIFFS WITH PREJUDICE. Signed by Chief Judge Thomas A. Varlan on 8/04/2014. (copy to Finance) (KMK) |
Filing 654 Joint MOTION to Dismiss ALL CLAIMS OF ALL PLAINTIFFS WITH PREJUDICE and IMPLEMENT CERTAIN OTHER TERMS OF MEDIATED GLOBAL RESOLUTION by Tennessee Valley Authority. (Attachments: #1 Other Proposed Order)(Small, Edwin) |
Filing 653 ORDER of Severance of Claims of Plaintiff Marilyn Mitchell re #650 Motion to Sever. The claims of Plaintiff Marilyn Mitchell in Case No. 3:09-CV-54 are hereby severed; the Clerk shall assign a new civil action number to Plaintiff Mitchell's severed claims without any additional filing fee and without current counsel of record having to enter an appearance in the new case. The Clerk shall assign the new civil action created by the severance to the same District Judge and Magistrate Judge assigned to Case No. 3:09-CV-54. This Order of Severance and all prior filings in Case No. 3:09-CV-54 shall be deemed in all respects as if they were filed in the new civil action on the same dates shown on the docket sheet for Case No. 3:09-CV-54. The Clerk shall enter the following language on the docket sheet of the new civil action: "For prior entries refer to the Electronic Case Filing System for Case No. 3:09-CV-54." The stay in Case No. 3:09-CV-54 is hereby modified to allow Plaintiff Mitchell and Defendant TVA to proceed with litigation of Plaintiff Mitchell's severed claims in the new civil action. (New civil action #3:14-cv-360) Signed by Chief District Judge Thomas A Varlan on 7/30/14. (JBR) |
Filing 652 ORDER of Severance - James Ryan Claims. The claims of Plaintiff James Ryan in Case No. 3:09-CV-54 are hereby severed; the Clerk shall assign a new civil action number to Plaintiff Ryan's severed claims without any additional filing fee and without current counsel of record having to enter an appearance in the new case. The Clerk shall assign the new civil action created by the severance to the same District Judge and Magistrate Judge assigned to Case No. 3:09-CV-54. This Order of Severance and all prior filings in Case No. 3:09-CV-54 shall be deemed in all respects as if they were filed in the new civil action on the same dates shown on the docket sheet for Case No. 3:09-CV-54. The Clerk shall enter the following language on the docket sheet of the new civil action: For prior entries refer to the Electronic Case Filing System for Case No. 3:09-CV-54. The stay in Case No. 3:09-CV-54 is hereby modified to allow Plaintiff Ryan and Defendant TVA to proceed with litigation of Plaintiff Ryans severed claims in the new civil action. (New civil action #3:14-cv-356) Signed by Chief District Judge Thomas A Varlan on 7/30/14. (JBR) Modified text on 7/30/2014 (JBR). |
Filing 651 Joint MOTION to Sever Claims of Plaintiff James Ryan and Modify Stay by Tennessee Valley Authority. (Attachments: #1 Other Proposed Order)(Chase, James) |
Filing 650 Joint MOTION to Sever Claims of Plaintiff Marilyn Mitchell and Modify Stay by Tennessee Valley Authority. (Attachments: #1 Other Proposed Order)(Chase, James) |
Filing 649 STIPULATION of Dismissal Party Papa Joe's Country Cafe by Papa Joe's Country Cafe. (Marshall, Curt) |
Filing 648 STIPULATION of Dismissal Party Tami Hines-Williams by Tami Hines-Williams(Individually). (Marshall, Curt) |
Filing 647 STIPULATION of Dismissal Party Terri Gough by Terri Gough. (Marshall, Curt) |
Due to a clerical error, plaintiff Terri Gough, Individually was termed as a party to this case. The Clerk's Office has fixed this error and Terri Gough, Individually is again an active plaintiff in this case. (ABF) |
Filing 646 ORDER granting #643 Motion to Substitute Party. David C Matheson added. Clifton Matheson terminated. Signed by Chief District Judge Thomas A Varlan on 7/10/14. (JBR) (c/m) Modified text on 7/10/2014 (JBR). |
Filing 645 NOTICE by Anita Auchard(individually) (Watts, Andrew) |
Filing 644 INFORMATIONAL Administrative Notice to Counsel re #643 Suggestion of Death: Any document requesting leave/action from the court should always be filed as a Motion. (JBR) |
Filing 643 SUGGESTION OF DEATH Upon the Record as to Clifton Matheson And Unopposed Motion to Modify Stay And Unopposed Motion For Substitution by Clifton Matheson. (Attachments: #1 Exhibit Letters Testamentary For David C. Matheson, #2 Other Proposed Order)(Marshall, Curt) Modified event type to reflect as motion on 7/9/2014 (JBR). |
Filing 642 NOTICE by Charles R Brumley Notice of Substitution of Counsel For Charles R Brumley (Marshall, Curt) |
Filing 641 ORDER granting #634 Motion to Substitute Party. Coralyn Botkin added. William H Botkin terminated; granting #635 Motion to Substitute Party. Coralyn Botkin added. William H Botkin terminated. Signed by Chief District Judge Thomas A Varlan on 7/3/14. (JBR) |
Filing 640 ORDER granting #636 Motion to Substitute Party. Brenda G Goebbel added. Frankie L Hawn terminated. Signed by Chief District Judge Thomas A Varlan on 7/3/14. (JBR) |
Filing 639 ORDER granting #637 Motion to Substitute Party. Debra Lowery added. Christine J Griffis terminated. Signed by Chief District Judge Thomas A Varlan on 7/3/14. (JBR) |
Filing 638 STIPULATION of Dismissal Stanley R. Rusinek and Micah L. Rusinek by Micah L Rusinek, Stanley R Rusinek. (Marshall, Curt) |
Filing 637 SUGGESTION OF DEATH Upon the Record as to Christine J. Griffis And Unopposed Motion To Modify Stay And Unopposed Motion For Substitution by Christine J Griffis. (Attachments: #1 Exhibit Ex A. Letters of Administration, #2 Other Proposed Order)(Marshall, Curt) Modified event type on 7/1/2014 (JBR). |
Filing 636 SUGGESTION OF DEATH Upon the Record as to Frankie L. Hawn And Unopposed Motion To Modify Stay And Unopposed Motion For Substitution by Frankie L Hawn. (Attachments: #1 Exhibit Ex. A Letters Testamentary, #2 Other Proposed Order)(Marshall, Curt) Modified event type on 7/1/2014 (JBR). |
Filing 635 SUGGESTION OF DEATH Upon the Record as to William H. Botkin (Revised) And Unopposed Motion To Modify Stay And Unopposed Motion For Substitution by William H Botkin. (Attachments: #1 Other Proposed Order)(Marshall, Curt) Modified event type on 7/1/2014 (JBR). |
Filing 634 SUGGESTION OF DEATH Upon the Record as to William H. Botkin And Unopposed Motion To Modify Stay And Unopposed Motion For Substitution by William H Botkin. (Attachments: #1 Other Proposed Order)(Marshall, Curt) Modified event type on 7/1/2014 (JBR). |
Based upon the parties' agreement and the Court's approval, all deadlines set by the Court's mediation referral order #523 and the extensions of that order [Docs. 531, 534, 629] shall be extended by forty-five (45) days, This litigation shall continue to be STAYED until the filing of the mediator's report or until July 31, 2014, whichever occurs first. (ABF) |
Filing 633 ORDER granting #631 Motion to Substitute Party. Terri R. Cooper, as executrix of the Last Will and Testament of Geraldine Seiber, is hereby substituted in this action for Plaintiff Geraldine Seiber, to continue the prosecution of her claims and distribute the proceeds thereof, if any. The Clerk shall note the court docket and case caption accordingly. Signed by Chief District Judge Thomas A Varlan on 6/16/14. (JBR) |
Filing 632 ORDER granting #630 Motion to Substitute Party. Melinda Hester, as intestate heir of her deceased father, Plaintiff Jackie Armes, Sr., is hereby substituted in this action for Plaintiff Jackie Armes, Sr., to continue the prosecution of his claims and distribute the proceeds thereof, if any. The Clerk shall note the court docket and case caption accordingly. Signed by Chief District Judge Thomas A Varlan on 6/16/14. (JBR) |
Filing 631 SUGGESTION OF DEATH Upon the Record as to Geraldine Seiber and Unopposed Motion to Modify Stay and Unopposed Motion For Substitution by Plaintiffs. (Attachments: #1 Exhibit Exhibit A, #2 Other Proposed Order)(Marshall, Curt) Modified text on 6/16/2014 (ABF). Added MOTION to Substitute Party on 6/16/2014 (ABF). |
Filing 630 SUGGESTION OF DEATH Upon the Record as to Jackie Armes, Sr. And Unopposed Motion to Modify Stay And Unopposed Motion For Substitution (Attachments: #1 Other Proposed Order Modifying Stay and Granting Motion to Substitute Jackie Armes, Sr.)(Marshall, Curt) Modified text on 6/9/2014 (KMK, ). |
Filing 629 ORDER that because of the parties' agreement and the complexity of this litigation, the Court hereby GRANTS the motion for extension, and all deadlines set by the Court's mediation referral order and the extensions of that order shall be extended by 105 days. This litigation shall continue to be STAYED during the mediation. Signed by Chief District Judge Thomas A Varlan on 10/24/13. (ABF) |
Filing 628 ORDER that because of the parties' agreement and the complexity of this litigation, the Court HEREBY GRANTS the motion, and all deadlines set by the Court's mediation referral order #523 and the extension of that order #531 shall be extended by 75 days. This litigation shall continue to be STAYED during the mediation. Signed by Chief District Judge Thomas A Varlan on 7/12/13. (ABF) |
Filing 627 Second MOTION Joint Motion for Additional Time Within Which to Mediate by Tennessee Valley Authority. (Chase, James) |
Filing 626 ORDER that because of the parties' agreement and the complexity of this litigation, the Court GRANTS the motion and the parties shall have an additional one hundred twenty (120) days to mediate in good faith. This litigation shall be STAYED during the mediation. Within seven (7) days following the conclusion of the mediation, or within two hundred forty-seven (247) days of the entry of the order referring this litigation to mediation,the mediators shall file a report with the Court stating the outcome of the mediation, as contemplated by Local Rule 16.4(m). If the parties are unable to completely resolve this litigation pursuant to mediation, they also shall so report to the Court, along with any updates to their Phase II proposals, within two hundred forty-seven (247) days of the entry of the order referring this litigation to mediation, and the Court will then enter an order directinghow Phase II will proceed. Signed by Chief District Judge Thomas A Varlan on 3/21/13. (ABF) |
Filing 625 Joint MOTION to Continue for Addtional Time Within Which to Mediate by Tennessee Valley Authority. (Chase, James) |
Due to a clerical error, plaintiff Paul M. Smith was termed as a party to this case. The Clerk's Office has fixed this error and Mr. Paul M. Smith is again an active plaintiff in this case. (ABF) |
Filing 624 ORDER that after reviewing the parties' joint proposal and the curriculum vitae of Mr. Max, the Court finds the parties' joint proposal regarding the selection of mediators acceptable. It hereby APPROVES the proposal submitted by the parties, including particularly the appointment of Pamela L. Reeves and Rodney A. Max to serve as joint mediators of the disputes in all of the pending actions in the TVA Ash Spill Litigation. Signed by District Judge Thomas A Varlan on 12/21/12. (ABF) |
Filing 623 ORDER granting #622 Motion to Withdraw as Attorney. Attorney Hadley L Matarazzo, Joanne M. McLaren and Bernard A. Weintraub are terminated. Signed by District Judge Thomas A Varlan on 11/29/2012. (KMK) |
Filing 622 MOTION to Withdraw as Attorney Joanne McClaren, Bernard Weintraub, and Hadley L. Matarazzo by Sherry Adamczyk, Barbara D Agee, James A Agee, II, James A Agee, Christopher Agne, Imogene Agne, Hailey E Allen, Jeffrey C Allen(Individually), Jeffrey C Allen, Jessica R Allen, John W Allen, Jr, Jonathan R Allen, Raymond L Allen, Sherrie L Allen, Jackie Armes, Jr, Jackie H Armes, Sr, Anita Auchard(individually), Anita Auchard, Kristi Baker(individually), Kristi Baker, Sybil Ball, Frank Balzer, Patricia Balzer, Jim Barnes, Linda Elaine Barnes, Regenia Barnett, Scott Barnett, Rick A Barrett, Janie Beasley, John Beasley, Brian T Beaty, Tracy A Beaty, Arnold Beckett, Jonathan W Bennett, Jeremy Bivens, William M. Bivens, Sandra Blair, Beverly Boling, Jimmy L Boling, Blaine Botkin, Daniel A Botkin, David L Botkin, Hillborn M Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Amy Brandon, Diane J Breiner, Fred J Breiner, Renee Breiner, Lance W Brimble, Sharon L Brock, Donna Brooksbank, Richard Brooksbank, Sandra G Brown, Vince Brown, Charles R Brumley, Jeffrey Bryant, Alexis Bryson, Cortney Bryson, Andy Bullens, Eva Bullens, Jack Bullens, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Wendy F Campbell, Charles Cates, Joyce Cates, Buffy K Clark(Individually), Buffy K Clark, Rebecca L Clark, William W Clark, Mitchel L Coffey, Sherry Coffey, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Catherine T Cowan, Ronald W Cowan, Justin K Cox, Joan-Marie Cummins, Jody Cummins, Cummins Construction, LLC, Glenn K Daniel, Shirley M Daniel, Christopher Daulton(Individually), Christopher Daulton, Melissa Daulton, Cherrie L Davis, Clay Davis, Jr, Clint Davis(Individually), Clint Davis, Pamela Day, Larry D Dorlan, Robert M Doss, Jacqui L Doughty, Pat Doughty, Scott L Doughty(Individually), Scott L Doughty, Deborah L Driggers, Brenda Duncan, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Candi Easter, Thomas Ebert, Roger C Eckstrom, Shirley E Eckstrom, Doris S Edwards, Nancy Engman, Paul Engman, Mary Erwin-Simmon, Robert J Eubanks, Adelania Ferrante, Joseph Ferrante, Judy M Forrester, Thomas J Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, James D Freeman, George B Fulton, MaryAnn E Fulton, Janet Gajewski, Robert Gajewski, Sharon Galloway, Elisa Gastineau, Michael Gastineau, Christina Giles, Christina Giles(Individually), Kurt Giles, Rachel Gillow, Patrick Gough, Terri Gough, Terri Gough(Individually), William Gough, Christine J Griffis, Donnie W Griffis, David Grunwell, Kathy Grunwell, Fred Guinn, Fred Guinn(Individually), Elisha Hall(Individually), Elisha Hall, Ellis R Hamby, Jonathan D Hamilton, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison, Matthew S Harrison(Individually), Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Penny Lou Hill, Tami Hines-Williams(Individually), Tami Hines-Williams, Delayne G Hooks(Individually), Delayne G Hooks, Ken R Hooks, Greg Hoskins, Kelly Hoskins, Paul J Houlihan, Theresa A Houlihan, Susan Hutchinson, Kelly Jackson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Joe Kartch, Merry C Kartch, Greg Keskey, Fontaine B King, Donna Kirby, William P Kirby, Dianna D Krupp, Julius J Krupp, Jr, Julius J Krupp, Jr(Individually), Angela D Ladd, Beth Ladd, Brenda F Ladd, Dustin B Ladd, Irene Ladd, Opal I Ladd, Randel E Ladd, Joe C Lively, Marietha B Lively, Sheral D Lively, Teresa Lively, Travis Lively, Debra D Lowery, Twilight Loy, Glen Luecke, Sara Luecke, Luecke Family Trust, Christopher Luffman(Individually), Christopher Luffman, Morris Marlow, Barbara Marshall, Herbert M Marshall, Clifton Matheson, Ollie Matheson, Larry Mays, Kelly McCulley, Kevin R McCulley, Alice McDowell, Justin W McKamey, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Angela L Melton, Jackie Melton, Carole A Michaels, Charli Michaels(Individually), Charli Michaels, Chad Miles, Marilyn Mitchell, Thomas Mitchell, Jr, Thomas Mitchell, Jr(Individually), Judith Nelson, Loren Nelson, Paul Nuckols, Paul Nuckols(Individually), Gerald Oakerson, Carol Ott, Robert Ott, Patricia Pankey, Thyrone Pankey, Papa Joe's Country Cafe, Dianne U Payne, James R Payne, Donna L Pendasulo, John Pendasulo, Erik M Perez, Tony Perez, Charles L Phillips, Pamela J Phillips, Heather Poland, Joshua Poland, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Charles W Ratledge, Linda Ratledge, David Redd, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Mark Riner, Patricia L Roberts, Steven R Roberts, Bonnie Robertson, Ora Robertson, Rockwood Lakeview, LLC, Gary Rolen, Micah L Rusinek, Stanley R Rusinek, Mitchel Rutherford, James Ryan, Holly Schean, Holly Schean(Individually), Geraldine Seiber, Holly A Seiber, Howard Sheldon, Joan H Sheldon, Cynthia D Shillings, Marilyn Shillings, Mary E Simmon, A Ray Simon, Kathleen Simpson, Ricky Simpson, Carol A Smith, Judy K Smith, Paul Smith, Paul M Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Jamie Standridge, Alfred D Steimel, Sylvia A Steimel, Brandy Stepp, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Jimmy D Stout, Rhonda F Stout, Peter M Stresen-Reuter, James - Summers, Sunwest Trust, Justin D Tapp, Tina Tarter(Individually), Tina Tarter, Gary D Thomas, Dennis A Tollefson, Laurie Tollefson, Leanna Townsend, Pamela Tredway, Seth Tredway, Robert Trimmer, Miguel Velazquez, Thomas E Vereb, Wendy F Vereb, Brian Walker, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon G Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, David E Wilder, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Michael Y Wollerman, Barry D Wright, Steven Wright, Martha B Young, Robert D Young, Deborah A Zeckser. (Marshall, Curt) |
Filing 621 ORDER granting Motion for Reference of Cases to Mediation. The parties are ORDERED to mediate this litigation in good faith within 120 days of the entry of this order. Within 30 days from the entry of this order, the parties shall SUBMIT a joint proposal regarding the selection of a mediator. If the parties are unable to completely resolve this litigation pursuant to mediation, they also shall so REPORT to the Court, along with any updates to their PhaseII proposals, within one hundred twenty-seven (127) days of entry of this order, and the Court will then enter an order directing how Phase II will proceed. Hence, the Court DEFERS a ruling on how Phase II will proceed until it receives and considers the parties reports on the outcome of mediation and any updates to their Phase II proposals. Signed by District Judge Thomas A Varlan on 11/20/12. (ABF) |
Filing 620 Minute Entry for proceedings held before District Judge Thomas A Varlan: Motion Hearing held on 11/19/2012 re MOTION to Refer to Mediation and the Phase 2 Proposals of the Parties. Order to Follow.(Court Reporter Jolene Owen) (ABF) |
NOTICE of Hearing on Motion to Mediate and the Phase 2 Proposals of the Parties: Motion Hearing set for 11/19/2012 09:30 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (ABF) |
Filing 619 REPLY MEMORANDUM to Response to Motion re #615 MOTION to Refer to Mediation filed by Plaintiffs. (ABF) |
Filing 618 ORDER granting #617 Motion for Curt D. Marshall to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 9/28/12. (c/m along with ECF requirement letter) (ABF) |
Filing 617 MOTION for Curt D. Marshall to Appear Pro Hac Vice (Filing fee $ 60 PAID, Receipt #K3019923.) by Plaintiffs. (Attachments: #1 Certificates of Good Standing from the Supreme Court of NY and the USDC Southern District of NY)(ABF) |
Filing 616 RESPONSE in Opposition re (362 in 3:09-cv-00048, 250 in 3:09-cv-00517, 363 in 3:09-cv-00064) MOTION to Refer to Mediation, (518 in 3:09-cv-00009) MOTION to Refer to Mediation, (63 in 3:11-cv-00607) MOTION to Refer to Mediation, (615 in 3:09-cv-00054) MOTION to Refer to Mediation, (60 in 3:11-cv-00606) MOTION to Refer to Mediation, (92 in 3:11-cv-00596) MOTION to Refer to Mediation filed by Tennessee Valley Authority, Tennessee Valley Authority. (Small, Edwin) |
Filing 615 MOTION to Refer to Mediation by Plaintiffs. (Greenwald, Robin) Modified event on 9/14/2012 (ABF). |
Filing 614 PLAINTIFFS' JOINT MEMORANDUM Regarding Proposed Phase II Trial Plan. (Attachments: #1 Exhibit Ohio Order)(Greenwald, Robin) Modified text on 9/14/2012 (ABF). |
Filing 613 NOTICE by Tennessee Valley Authority, Tennessee Valley Authority of FILING OF TVA'S RECOMMENDATIONS FOR THE CONDUCT OF PHASE II PROCEEDINGS (Attachments: #1 Chart of Pending Ash Spill Litigation Cases, #2 Map of Chesney Plaintiff Property Locations, #3 Proposed Scheduling Order for Chesney Phase II Trial, #4 Baker v. Chevron Case Management Order, #5 Adinolfe v. United Technologies Scheduling Order)(Small, Edwin) |
Filing 612 NOTICE of Appearance by Maria Victoria Gillen on behalf of Tennessee Valley Authority, Tennessee Valley Authority (Gillen, Maria) |
Filing 611 MEMORANDUM, OPINION AND ORDER: Based on the Court's findings of fact and conclusions of law as stated, the Court FINDS in favor of plaintiffs and against TVA because specific nondiscretionary conduct on the part of TVA caused the failure of the coal ash containment dike at TVA's KIF plaint on 12/22/08 and that, but for the nondiscretionary conduct described, the dike failure would not have occurred. TVA will therefore be LIABLE for damages to each plaintiff, provided each plaintiff is able to demonstrate in the Phase II proceedings his or her entitlement to relief under claims of negligence, trespass, and/or private nuisance. For the reasons given, it is ORDERED that plaintiffs' claims of negligence per se, recklessness, strict liability, and public nuisance are DISMISSED from this litigation. The parties are DIRECTED, within 21 days of the entry of this memorandum opinion and order, to file briefs of no more than 20 pages regarding the parties' recommendations for how this Court should conduct Phase II proceedings. Per the parties' agreement and the orders of this Court, the findings of fact and conclusions of law contained in this memorandum opinion will be BINDING on all parties to the TVA Ash Spill Litigation. Appropriate judgment orders will be ENTERED in each case following the resolution of the Phase II proceedings.Signed by District Judge Thomas A Varlan on 8/23/12. (ABF) |
Filing 610 NOTICE by Plaintiffs TO FILE Combined Corrected Witness Summaries (Attachments: #1 Exhibit Combined Corrected Witness Summaries)(McLaren, Joanne) Modified text on 6/25/2012 (ABF). |
Filing 609 NOTICE by Plaintiffs of Filing Revised Post Trial Submissions - Findings of Fact and Conclusions of Law (Attachments: #1 Exhibit Corrected PLAINTIFFS POST TRIAL JOINT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW)(McLaren, Joanne) Modified text on 6/25/2012 (ABF). |
Filing 608 NOTICE by Plaintiffs of Filing Revised Post Trial Submissions - Closing Arguments (Attachments: #1 Exhibit Corrected Plaintiff's Supplemental Closing Arguments)(McLaren, Joanne) Modified text on 6/25/2012 (ABF). |
Filing 607 ORDER granting Motions for Leave to File Revised Post-Trial Submissions. Plaintiffs are DIRECTED to file the proposed revised post-trial submissions in the record of the above-captioned cases within 2 days of this order. Signed by District Judge Thomas A Varlan on 6/20/12. (ABF) |
Filing 606 RESPONSE to Motion re MOTION for Leave to File Revised Post-Trial Submissions-Supplemental Closing Arguments with Hyperlinks, MOTION for Leave to File Revised Post-Trial Submissions-Witness Summaries with Hyperlinks, MOTION for Leave to File Revised Post-Trial Submissions (Proposed Finding of Fact), MOTION for Leave to File Revised Post-Trial Submissions-Proposed Findings of Fact and Conclusions of Law with Hyperlinks, MOTION for Leave to File Revised Post-, MOTION for Leave to File Revised Post-Trial Submissions (Supplemental Closing Argument), MOTION for Leave to File Revised Post Trial Submissions - Closing Arguments, MOTION for Leave to File Revised Post-Trial Submissions (Proposed Findings of Fact), MOTION for Leave to File Revised Post Trial Submissions - FOF COL, MOTION for Leave to File Revised Post-Trial Submissions (Witness Summaries), MOTION for Leave to File Revised Post Trial Submissions - Witness Summaries, MOTION for Leave to File Revised Post-Trial Submissions (Witness Summaries) filed by Tennessee Valley Authority. (Chase, James) Modified text on 6/20/2012 (ABF). |
Filing 605 MOTION for Leave to File Revised Post Trial Submissions - Witness Summaries by Plaintiffs. (Attachments: #1 Exhibit Combined Corrected Witness Summaries)(McLaren, Joanne) Modified text on 6/18/2012 (ABF, ). |
Filing 604 MOTION for Leave to File Revised Post Trial Submissions - FOF COL by Plaintiffs. (Attachments: #1 Exhibit Corrected PLAINTIFFS POST TRIAL JOINT PROPOSED FINDINGS OF FACT)(McLaren, Joanne) Modified text on 6/18/2012 (ABF). |
Filing 603 MOTION for Leave to File Revised Post Trial Submissions - Closing Arguments by Plaintiffs. (Attachments: #1 Exhibit Corrected Plaintiff's Supplemental Closing Arguments)(McLaren, Joanne) Modified text on 6/18/2012 (ABF). |
Filing 602 NOTICE by Tennessee Valley Authority of Filing of Hyperlinked Version of TVA's Closing Argument Brief for the Phase I (Dike Failure Causation) Trial of These Actions (Small, Edwin) |
Filing 601 NOTICE by Tennessee Valley Authority of Filing of Hyperlinked Version of TVA's Post-Trial Proposed Findings of Fact and Conclusions of Law for the Phase I (Dike Failure Causation) Trial of These Actions (Attachments: #1 Summary of Monitoring Well Readings)(Small, Edwin) |
Filing 600 NOTICE by Tennessee Valley Authority of Filing of Hyperlinked Version of TVA's Trial Testimony Summaries for the Phase I (Dike Failure Causation) Trial of These Actions (Small, Edwin) |
Filing 599 AMENDED EXHIBIT AND WITNESS LIST for Trial before the Honorable Thomas A. Varlan held Septemter 19-22, 26-29, October 3-7, 11, 2011. (JAN, ) |
Filing 598 ORDER granting Plaintiffs' Unopposed Motion to Admit Into Evidence Plaintiffs' Trial Exhibits 182, 193 and 1211 (497); (339) in case 3:09-cv-00048; granting (596) in case 3:09-cv-00054; (345) in case 3:09-cv-00064; and (232) in case 3:09-cv-00517. Signed by District Judge Thomas A Varlan on 2/10/12. (ADA) |
Filing 597 ORDER denying without prejudice Defendant's Motion to Exclude the Expert Testimony of John A. Kilpatrick [No. 3:09-CV-09, Doc. 370; No. 3:09-CV-14, Doc. 303, 338; No. 3:09-CV-48, Doc. 226; No. 3:09-CV-54, Doc. 479; No. 3:09-CV-64, Doc. 230; No. 3:09-CV-114, Docs. 385, 420; and No. 3:09-CV-517, Doc. 148. Signed by Magistrate Judge H Bruce Guyton on February 10, 2012. (AYB) |
Filing 596 Plaintiffs' Unopposed Motion to Admit Into Evidence Plaintiffs' Trial Exhibits 182, 193 and 1211 as to (488 in 3:09-cv-9). (ADA) |
Filing 595 NOTICE by Plaintiffs of Filing of Plaintiffs' Findings of Fact and Conclusions of Law (McLaren, Joanne) Modified text on 1/18/2012 (ABF). |
Filing 594 NOTICE by Plaintiffs of Filinf of Plaintiffs' Supplemental Closing Arguments (McLaren, Joanne) Modified text on 1/18/2012 (ABF). |
Filing 593 [PDF REMOVED; Wrong certificate of service attached; refiled as #594 NOTICE by Plaintiffs of Filing of Plaintiffs' Supplemental Closing Arguments (McLaren, Joanne) Modified text on 1/18/2012 (ABF). |
Filing 592 NOTICE by Plaintiffs of Filing of Post-Trial Submissions - Witness Summaries (Attachments: #1 Summary of Testimony for Chris Buttram, #2 Summary of Testimony for Matthew Williams, #3 Summary of Testimony for Chris Hensley, #4 Summary of Testimony for John Albright, #5 Summary of Testimony for Tom Kilgore, #6 Summary of Testimony for Dr. Bruce Tschantz, #7 Summary of Testimony for IG Richard Moore, #8 Summary of Testimony for Vernon James Dotson, #9 Summary of Testimony for Dr. Belve Dansby Marks, #10 Summary of Testimony for Gordon Park, #11 Summary of Testimony for Gary Brown, #12 Summary of Testimony for Neil Davies, #13 Summary of Testimony for Melissa Hedgecoth, #14 Summary of Testimony for Dr. Robert Bachus, #15 Summary of Testimony for William Bivens, #16 Summary of Testimony for James Settles, #17 Summary of Testimony for William H. Walton, #18 Summary of Testimony for Inspector Gregory Stinson, #19 Plaintiffs Objections to Admission of Deposition Testimony for Yogesh Shah, #20 Plaintiffs Objections to Admission of Deposition Testimony for Dr. Gregory McNulty)(McLaren, Joanne) Modified on 1/18/2012 (ABF, ). |
Filing 591 NOTICE by Tennessee Valley Authority, Tennessee Valley Authority of FILING of TVA'S CLOSING ARGUMENT BRIEF FOR THE PHASE I (DIKE FAILURE CAUSATION) TRIAL OF THESE ACTIONS (Small, Edwin) |
Filing 590 NOTICE by Tennessee Valley Authority, Tennessee Valley Authority of FILING of TVA'S POST-TRIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THE PHASE I (DIKE FAILURE CAUSATION) TRIAL OF THESE ACTIONS (Attachments: #1 Summary of Monitoring Well Readings)(Small, Edwin) |
Filing 589 NOTICE by Tennessee Valley Authority, Tennessee Valley Authority of FILING of TVA's TRIAL TESTIMONY SUMMARIES FOR THE PHASE I (DIKE FAILURE CAUSATION) TRIAL OF THESE ACTIONS (Small, Edwin) |
Filing 588 ORDER re: Plaintiffs' Unopposed Motions for Extension of Time to File Post-Trial Briefs. In light of the parties' agreement, plaintiffs' motion is GRANTED and the parties shall have up to and including, January 17, 2012 in which to file their post-trial submissions. No further extensions will be granted. Signed by District Judge Thomas A Varlan on 1/12/2012. (KMK) |
Filing 587 EXHIBIT AND WITNESS LIST for Trial before the Honorable Thomas A. Varlan held Septemter 19-22, 26-29, October 3-7, 11, 2011. (JAN, ) |
Filing 586 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 29, 2011 before Judge Thomas A Varlan. Court Reporter/Transcriber Donnetta Kocuba, Telephone number (865) 524-4590. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/30/2012. (KMK, ) Modified on 10/31/2011 (KMK, ) |
Filing 585 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 28, 2011 before Judge Thomas A Varlan. Court Reporter/Transcriber Donnetta Kocuba, Telephone number (865) 524-4590. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/30/2012. (KMK, ) Modified on 10/31/2011 (KMK, ) |
Filing 584 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 22, 2011 before Judge Thomas A Varlan. Court Reporter/Transcriber Donnetta Kocuba, Telephone number (865) 524-4590. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/30/2012. (KMK, ) Modified on 10/31/2011 (KMK, ) |
Filing 583 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 21, 2011 before Judge Thomas A Varlan. Court Reporter/Transcriber Donnetta Kocuba, Telephone number (865) 524-4590. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/30/2012. (KMK, ) Modified on 10/31/2011 (KMK, ) |
Filing 582 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 5, 2011, before Judge Thomas A. Varlan. Court Reporter/Transcriber Tiffany Ashton, Miller & Miller, Telephone number (865) 675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2011. Redacted Transcript Deadline set for 11/28/2011. Release of Transcript Restriction set for 1/25/2012. (ABF) |
Filing 581 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Day 15 of Trial Proceedings held on October 11, 2011, before Judge Thomas A. Varlan. Court Reporter/Transcriber Patti Antol, Miller & Miller, Telephone number (865) 675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2011. Redacted Transcript Deadline set for 11/28/2011. Release of Transcript Restriction set for 1/25/2012. (ABF) Modified on 10/27/2011 to reflect day of trial (ADA). |
Filing 580 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 6, 2011, before Judge Thomas A Varlan. Court Reporter/Transcriber Lynda Clark - Miller and Miller Court Reporters, Telephone number (865) 675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/14/2011. Redacted Transcript Deadline set for 11/25/2011. Release of Transcript Restriction set for 1/23/2012. (KMK, ) |
Filing 579 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 12, 2011, before Judge Thomas A. Varlan. Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/14/2011. Redacted Transcript Deadline set for 11/25/2011. Release of Transcript Restriction set for 1/23/2012. (JLO, ) |
Filing 578 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 7, 2011, before Judge Thomas A. Varlan. Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/14/2011. Redacted Transcript Deadline set for 11/25/2011. Release of Transcript Restriction set for 1/23/2012. (JLO, ) |
Filing 577 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 4, 2011, before Judge Thomas A. Varlan. Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/14/2011. Redacted Transcript Deadline set for 11/25/2011. Release of Transcript Restriction set for 1/23/2012. (JLO, ) |
Filing 576 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 3, 2011, before Judge Thomas A. Varlan. Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/14/2011. Redacted Transcrip |
Filing 575 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 27, 2011, before Judge Thomas A. Varlan. Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/14/2011. Redacted Transcrip |
Filing 574 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 26, 2011, before Judge Thomas A. Varlan. Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/14/2011. Redacted Transcrip |
Filing 573 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 20, 2011, before Judge Thomas A. Varlan. Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/14/2011. Redacted Transcript Deadline set for 11/25/2011. Release of Transcript Restriction set for 1/23/2012. (JLO, ) |
Filing 572 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 19, 2011, before Judge Thomas A. Varlan. Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/14/2011. Redacted Transcript Deadline set for 11/25/2011. Release of Transcript Restriction set for 1/23/2012. (JLO, ) |
Filing 571 Minute Entry for proceedings held before District Judge Thomas A Varlan: Bench Trial Closing statements held on 10/12/2011. Post trial submissions shall be filed on or before January 12, 2012. (Court Reporter Jolene Owen) (JAN, ) |
Filing 570 Minute Entry for proceedings held before District Judge Thomas A Varlan: Day 15 of Bench Trial held on 10/11/2011. (Court Reporter Patti Antol, Miller & Miller) (JAN, ) |
Filing 568 TRIAL BRIEF REGARDING ADMISSION OF AECOM REPORT DOCUMENTS by Tennessee Valley Authority. (Small, Edwin) |
Filing 569 Minute Entry for proceedings held before District Judge Thomas A Varlan: Day 14 of Bench Trial held on 10/7/2011. (Court Reporter Jolene Owen) (JAN, ) |
Filing 567 Minute Entry for proceedings held before District Judge Thomas A Varlan: Day 13 of Bench Trial held on 10/6/2011. (Court Reporter Lynda Clark, Miller & Miller) (JAN, ) |
Filing 566 Minute Entry for proceedings held before District Judge Thomas A Varlan: Day 12 of Bench Trial held on 10/5/2011. (Court Reporter Tiffany Ashton, Miller & Miller) (JAN, ) |
Filing 565 Minute Entry for proceedings held before District Judge Thomas A Varlan: Day 11 of Bench Trial held on 10/4/2011. (Court Reporter Jolene Owen) (JAN, ) |
Filing 564 Minute Entry for proceedings held before District Judge Thomas A Varlan: Day 10 of Bench Trial held on 10/3/2011. (Court Reporter Jolene Owen) (JAN, ) |
Filing 563 Minute Entry for proceedings held before District Judge Thomas A Varlan: Day 9 of Bench Trial held on 9/29/2011. (Court Reporter Netta Kocuba) (JAN, ) |
Filing 562 Minute Entry for proceedings held before District Judge Thomas A Varlan: Day 8 of Bench Trial held on 9/28/2011. (Court Reporter Netta Kocuba) (JAN, ) |
Filing 561 Minute Entry for proceedings held before District Judge Thomas A Varlan: Day 7 of Bench Trial held on 9/27/2011. (Court Reporter Jolene Owen) (JAN, ) |
Filing 559 STIPULATION of Dismissal party Sandra G. Brown and Vince Brown by Tennessee Valley Authority. (Chase, James) |
Filing 560 Minute Entry for proceedings held before District Judge Thomas A Varlan: Day 6 of Bench Trial held on 9/26/2011. (Court Reporter Jolene Owen) (JAN, ) Modified on 9/28/2011 (JAN, ). |
Filing 558 TRIAL BRIEF IN SUPPORT OF OBJECTIONS TO INTERVIEW SUMMARIES by Tennessee Valley Authority. (Small, Edwin) |
Filing 557 Minute Entry for proceedings held before District Judge Thomas A Varlan: Bench Trial Day 5 held on 9/22/2011. Case continued to Monday, September 26, 2011 at 9:00 for further trial. (Court Reporter Netta Kocuba)(Julie Norwood: Courtroom Deputy) (ADA) |
Filing 556 Minute Entry for proceedings held before District Judge Thomas A Varlan: Bench Trial Day 4 held on 9/21/2011. Case continued to Thursday, September 22, 2011 at 9:00 for further trial. (Court Reporter Netta Kocuba)(Julie Norwood: Courtroom Deputy) (ADA) |
Filing 555 Minute Entry for proceedings held before District Judge Thomas A Varlan: Bench Trial Day 3 held on 9/20/2011. Case continued to Wednesday, September 21, 2011 at 9:00 for further trial. (Court Reporter Netta Kocuba)(Julie Norwood: Courtroom Deputy) (ADA) |
Filing 554 Minute Entry for proceedings held before District Judge Thomas A Varlan: Bench Trial Day 2 held on 9/19/2011. (Court Reporter Netta Kocuba)(Julie Norwood: Courtroom Deputy) (ADA) |
Filing 552 ORDER: Counsel for defendant Tennessee Valley Authority and counsel for plaintiffs may each bring a printer and accompanying electronic equipment intothe courthouse to be set up and used outside of the courtroom in the areas designated for the parties' use during the trial. Signed by District Judge Thomas A Varlan on 9/19/2011. (Copy to USMS/CSO's)(KMK) |
Filing 551 REPLY to Response to Motion re (253 in 3:09-cv-00048) MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment, (510 in 3:09-cv-00054) MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment, (256 in 3:09-cv-00064) MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment, (400 in 3:09-cv-00009) MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment, (142 in 3:09-cv-00517) MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment filed by Tennessee Valley Authority, Tennessee Valley Authority. (Attachments: #1 Declaration of James S. Chase)(Small, Edwin) |
Filing 553 Minute Order. Bench trial began before District Judge Thomas A Varlan: denying #400 Motion in Limine and taking under advisement #403 Motion in Limine in case 3:09-cv-9; denying #253 Motion in Limine and taking under advisement #256 Motion in Limine in case 3:09-cv-48; denying #510 Motion in Limine and taking under advisement #513 Motion in Limine in case 3:09-cv-54; denying #256 Motion in Limine and taking under advisement #259 Motion in Limine in case 3:09-cv-64; denying #142 Motion in Limine and taking under advisement #145 Motion in Limine in case 3:09-cv-517. Case continued to Monday September 19, 2011 at 9:15 for further trial. (Court Reporter Netta Kocuba) (ADA) |
Filing 550 ORDER denying as moot the Motion to Quash or Modify Trial Subpoena Served on William M. Bivens. Signed by Magistrate Judge H Bruce Guyton on September 15, 2011. (AYB) |
Filing 549 RESPONSE to Motion re #510 MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment (Supplemental Response) filed by Plaintiffs. (McLaren, Joanne) Modified text on 9/15/2011 (ABF). |
Filing 548 ORDER REFERRING MOTION: MOTION to Quash or Modify Trial Subpoena Served on William M. Bivens referred to the Honorable H. Bruce Guyton, USMJ.Signed by District Judge Thomas A Varlan on 9/12/11. (ABF) |
Filing 547 MEMORANDUM in Support of Motion re #545 MOTION to Quash or Modify Trial Subpoena Served on William M. Bivens filed by William M. Bivens. (Attachments: #1 Bivens Deposition Excerpts)(Chase, James) |
Filing 546 AFFIDAVIT in Support re #545 MOTION to Quash or Modify Trial Subpoena Served on William M. Bivens filed by William M. Bivens. (Attachments: #1 Trial Subpoena)(Chase, James) |
Filing 545 MOTION to Quash or Modify Trial Subpoena Served on William M. Bivens. (Chase, James) |
Filing 544 DESIGNATION OF DEPOSITIONS by Plaintiffs.(McLaren, Joanne) Modified text on 9/12/2011 (ABF). |
Filing 543 EXHIBIT LIST (Second Amended) by Plaintiffs. (Attachments: #1 Exhibit Second Amended Exhibit List)(McLaren, Joanne) Modified text on 9/9/2011 (ABF, ). |
Filing 542 ORDER that TVA's Motion for an Order Reserving Until Trial TVA's Objections to Plaintiffs' Exhibits and Deposition Designations is GRANTED in part and DENIED in part. The motion is GRANTED to the extent that the Court will reserve until trial TVA's objection to plaintiffs' exhibits and deposition designations. The motion is DENIED to the extent that the Court will not require plaintiffs to provide TVA and the Court with an amended "meaningful list of exhibits and deposition designations." The Court anticipates, however, in light of plaintiffs' submission in their response brief, that plaintiffs will diligently endeavor to submit a second amended exhibit list and second amended designation of depositions prior to 9/8/11. Signed by District Judge Thomas A Varlan on 9/8/11. (ABF) |
Filing 541 REPLY to Response to Motion re #531 MOTION for an Order Reserving Until Trial TVA's Objections to Plaintiffs' Exhibits and Deposition Designations filed by Tennessee Valley Authority. (Attachments: #1 Plaintiffs' May 31, 2011 Document Requests)(Small, Edwin) |
Filing 540 RESPONSE in Opposition re #531 MOTION for an Order Reserving Until Trial TVA's Objections to Plaintiffs' Exhibits and Deposition Designations filed by Plaintiffs. (Attachments: #1 Exhibit August 26, 2011 Letter to TVA, #2 Exhibit August 31, 2011 Letter to TVA)(McLaren, Joanne) Modified text on 9/2/2011 (ABF, ). |
Filing 539 RESPONSE in Opposition re #531 MOTION for an Order Reserving Until Trial TVA's Objections to Plaintiffs' Exhibits and Deposition Designations filed by Plaintiffs. (McLaren, Joanne) Modified text on 9/2/2011 (ABF). |
Filing 538 DESIGNATION OF DEPOSITIONS by Plaintiffs.(McLaren, Joanne) Modified text on 9/2/2011 (ABF). |
Filing 537 EXHIBIT LIST Amended by Plaintiffs. (McLaren, Joanne) Modified text on 9/2/2011 (ABF). |
Filing 536 OBJECTION #522 Exhibit List (Objection to TVA's Trial Exhibit List and Deposition Designations) filed by Plaintiffs. (McLaren, Joanne) Modified text on 9/1/2011 (ABF). |
Filing 535 ORDER that the Court ORDERS Plaintiffs to make an expedited response to TVA's MOTION for an Order Reserving Until Trial TVA's Objections to Plaintiffs' Exhibits and Deposition Designations, filed with the Court no later than 9/1/11.Signed by District Judge Thomas A Varlan on 8/30/11. (ABF) |
Filing 534 OBJECTION (413 in 3:09-cv-00009) Designation of Depositions, (414 in 3:09-cv-00009) Exhibit List, (269 in 3:09-cv-00064) Exhibit List, (272 in 3:09-cv-00064) Designation of Depositions, (266 in 3:09-cv-00048) Exhibit List, (523 in 3:09-cv-00054) Designation of Depositions, (158 in 3:09-cv-00517) Designation of Depositions, (268 in 3:09-cv-00048) Designation of Depositions, (156 in 3:09-cv-00517) Exhibit List, (524 in 3:09-cv-00054) Exhibit List TVA's Objections to Plaintiffs' Exhibit List and Plaintiffs' Deposition Designations filed by Tennessee Valley Authority, Tennessee Valley Authority. (Chase, James) |
Filing 533 REPLY to Response to Motion re #513 MOTION in Limine and Memorandum in Support to Preclude Defendant, TVA, from Asserting at Trial the Affirmative Defense of Comparative Negligence filed by Plaintiffs. (McLaren, Joanne) Modified text on 8/29/2011 (ABF). |
Filing 532 MEMORANDUM in Support of Motion re #531 MOTION for an Order Reserving Until Trial TVA's Objections to Plaintiffs' Exhibits and Deposition Designations filed by Tennessee Valley Authority. (Small, Edwin) |
Filing 531 MOTION for an Order Reserving Until Trial TVA's Objections to Plaintiffs' Exhibits and Deposition Designations by Tennessee Valley Authority, Tennessee Valley Authority. (Small, Edwin) |
Filing 530 REPLY to Response to Motion re (253 in 3:09-cv-00048) MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment, (510 in 3:09-cv-00054) MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment, (256 in 3:09-cv-00064) MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment, (400 in 3:09-cv-00009) MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment, (142 in 3:09-cv-00517) MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment filed by Tennessee Valley Authority, Tennessee Valley Authority. (Small, Edwin) |
Filing 529 FINAL PRETRIAL ORDER. Signed by District Judge Thomas A Varlan on 8/22/11. (ABF) |
Filing 528 ORDER REFERRING MOTION: Motion to Exclude the Proposed Expert Testimony of Leslie Sellers and Request for Daubert Hearing referred to the Honorable H. Bruce Guyton, USMJ.Signed by District Judge Thomas A Varlan on 8/16/11. (ABF) |
Filing 527 RESPONSE in Opposition re #510 MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment filed by Plaintiffs. (McLaren, Joanne) Modified text on 8/16/2011 (ABF). |
Filing 525 Proposed Findings of Fact by Plaintiffs. (McLaren, Joanne) Modified text on 8/16/2011 (ABF). |
Filing 526 Proposed Findings of Fact by Plaintiffs. (Alexander, Elizabeth) Modified text on 8/16/2011 (ABF). |
Filing 524 EXHIBIT LIST by Plaintiffs. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(McLaren, Joanne) Modified text on 8/16/2011 (ABF, ). |
Filing 523 DESIGNATION OF DEPOSITIONS by Plaintiffs.(McLaren, Joanne) Modified text on 8/16/2011 (ABF). |
Filing 522 EXHIBIT LIST And Deposition Designations by Tennessee Valley Authority.. (Chase, James) |
Filing 521 Proposed Findings of Fact by Tennessee Valley Authority. (Small, Edwin) |
Filing 520 RESPONSE to Motion re #513 MOTION in Limine and Memorandum in Support to Preclude Defendant, TVA, from Asserting at Trial the Affirmative Defense of Comparative Negligence filed by Tennessee Valley Authority. (Ayliffe, David) |
Filing 519 PROPOSED PRETRIAL ORDER by Plaintiffs. (McLaren, Joanne) Modified text on 8/16/2011 (ABF). |
RESET NOTICE of Hearing: Bench Trial for Phase I is reset for 9/15/2011 02:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. Additionally, upon agreement of the parties and approval of the Court, the 30 day deadlines established in the Scheduling Order, shall be due on Monday, August 15.(ABF) |
Filing 518 ORDER finding that TVA's Motion to Exclude the Proposed Expert Testimony of Barry Sulkin and to Conduct a Daubert Hearing, Motion to Exclude the Proposed Expert Testimony of J. Fred Heitman and to Conduct a Daubert Hearing, Motion to Exclude the Proposed Expert Testimony of Stephen King, Ph.D., M.P.H. and to Conduct a Daubert Hearing, Motion to Exclude the Proposed Expert Testimony of James Millette and Steve Hays and to Conduct a Daubert Hearing, Motion to Exclude the Proposed Expert Testimony of Mark Quarles and to Conduct a Daubert Hearing, and Motion to Exclude the Proposed Expert Testimony of Dr. Nicholas Cheremisinoff and to Conduct a Daubert Hearing are not well-taken, and they are DENIED. Signed by Magistrate Judge H Bruce Guyton on August 11, 2011. (AYB) |
Filing 517 ORDER that Plaintiffs Motion for Bifurcated Trial Plan for the September 2011 Trial (the September motion) and TVAs Motion for Bifurcated Trial Plan forthe November 2011 Trials (the November motion) are herebyGRANTED to the extent stated above. In addition, the parties to the September trial are DIRECTED to submit a proposed joint pretrial order in accordance with the scheduling orders entered in the September cases. This pretrial order shall list the issues to be addressed in Phase I of the bifurcated trial in accordance with the orders and opinions entered in this litigation. This pretrial order shall also list, to the extent possible, the issues to be addressed in Phase II of the bifurcated trial, the Court noting that such issuesmay need to be refined or modified following Phase I. The parties shall make all efforts to agree on the issues to be addressed in the bifurcated trial and shall endeavor to file a joint pretrial order. Finally, the parties to the November trial are DIRECTED to submit a proposed joint pretrial order in the same manner and addressing the same issues outlines above, and in accordance with the scheduling orders entered in the November cases. Signed by District Judge Thomas A Varlan on 8/8/11. (ABF) |
Filing 516 WITNESS LIST (Supplemental) by Plaintiffs. (McLaren, Joanne) Modified text on 8/5/2011 (ABF). |
Filing 515 ORDER that TVA's Motions for Summary Judgment on Plaintiffs' Tort and Inverse Condemnation Claims on Grounds of No Causation are GRANTED IN PART AND DENIED IN PART. The motions are GRANTED to the extent that summary judgment is entered in TVA's favor as to plaintiffs' personal injury, emotional distress, and inverse condemnation claims. The motions are DENIED to the extent that the Court finds summary judgment in TVA's favor to be inappropriate for plaintiffs' property related claims of pure property damage, trespess, and nuisance. Signed by District Judge Thomas A Varlan on 8/2/11. (ABF) |
Filing 514 WITNESS LIST by Plaintiffs. (McLaren, Joanne) Modified text on 8/1/2011 (ABF). |
Filing 513 MOTION in Limine and Memorandum in Support to Preclude Defendant, TVA, from Asserting at Trial the Affirmative Defense of Comparative Negligence by Plaintiffs. (McLaren, Joanne) Modified text on 8/1/2011 (ABF). |
Filing 512 WITNESS LIST by Tennessee Valley Authority. (Small, Edwin) |
Filing 511 MEMORANDUM in Support of Motion re #510 MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment filed by Tennessee Valley Authority. (Attachments: #1 Excerpts of Brown Report, #2 Excerpts of Marks Report)(Small, Edwin) |
Filing 510 MOTION in Limine to Exclude Evidence Offered in Support of Allegations Already Resolved by Summary Judgment by Tennessee Valley Authority. (Small, Edwin) |
Filing 509 ORDER finding that the Motion to Consider TVA's Daubert Challenge Regarding Pamela Cohen as Moot is well-taken, and it is GRANTED. The Motion to Exclude the Proposed Expert Testimony of Pamela Cohen and to Conduct a Daubert Hearing is now moot, and it is DENIED AS MOOT. Signed by Magistrate Judge H Bruce Guyton on July 27, 2011. (Doc. 396 in 3:09-CV-09, Doc. 249 in 3:09-CV-48, Doc. 507 in 3:09-CV-54, and Doc. 252 in 3:09-CV-64 and Doc. 362 in 3:09-CV-09, Doc. 218 in 3:09-CV-48, Doc. 471 in 3:09-CV-54, Doc. 222 in 3:09-CV-64, and Doc. 118 in 3:09-CV-517) (AYB) |
Filing 508 ORDER that Plaintiffs Oral Motion to Take Out of Time Deposition of Leslie Sellers is GRANTED. Signed by District Judge Thomas A Varlan on 7/21/11. (ABF) |
Filing 507 MOTION To Consider TVA's Daubert Challenge Regarding Pamela Cohen as Moot by Plaintiffs. (Attachments: #1 Exhibit Letter to TVA regarding Pamela Cohen)(McLaren, Joanne) Modified text on 7/21/2011 (ABF). |
Filing 506 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 14, 2011, before Judge H. Bruce Guyton. Court Reporter/Transcriber Donetta Kocuba, Telephone number (865) 524-4590. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/10/2011. Redacted Transcript Deadline set for 8/22/2011. Release of Transcript Restriction set for 10/18/2011. (ABF) |
Filing 505 ORDER finding that that the Motion to Exclude the Proposed Expert Testimony of James C. Kornberg, M.D., Sc.D., and to Conduct a Daubert Hearing is now moot, and it is DENIED AS MOOT. Signed by Magistrate Judge H Bruce Guyton on 7/14/11. (MGM) |
Filing 504 Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton: Daubert hearing held on 7/14/2011. Oral arguments heard regarding pending motions to exclude proposed expert testimony. Matters taken under advisement.(Court Reporter Netta Kocuba) (MGM) |
Filing 503 AFFIDAVIT in Support re #480 MOTION to Exclude the Proposed Expert Testimony of Dr. Nicholas Cheremisinoff and to Conduct a Daubert Hearing by Cassandra L. Wylie filed by Tennessee Valley Authority. (Marquand, Brent) |
Filing 502 NOTICE by Tennessee Valley Authority of Filing of Attachment 1 to TVA's Reply Brief in Further Support of TVA's Motions to Exclude the Expert Testimony of Dr. Nicholas Cheremisinoff (Attachments: #1 Report of David MacIntosh)(Marquand, Brent) |
Filing 501 REPLY to Response to Motion re #480 MOTION to Exclude the Proposed Expert Testimony of Dr. Nicholas Cheremisinoff and to Conduct a Daubert Hearing filed by Tennessee Valley Authority. (Marquand, Brent) |
Filing 500 REPLY to Response to Motion re #467 MOTION to Exclude the Proposed Expert Testimony of Barry Sulkin and to Conduct a Daubert Hearing, #475 MOTION to Exclude the Proposed Expert Testimony of James Millette and Steve Hays and to Conduct a Daubert Hearing, #477 MOTION to Exclude the Proposed Expert Testimony of Mark Quarles and to Conduct a Daubert Hearing, #465 MOTION to Exclude the Proposed Expert Testimony of James C. Kornberg, M.D., Sc.D., and to Conduct a Daubert Hearing, #473 MOTION to Exclude the Proposed Expert Testimony of Stephen King, Ph.D., M.P.H., and to Conduct a Daubert Hearing, #469 MOTION to Exclude the Proposed Expert Testimony of J. Fred Heitman and to Conduct a Daubert Hearing, #471 MOTION to Exclude the Proposed Expert Testimony of Pamela Cohen and to Conduct a Daubert Hearing filed by Tennessee Valley Authority. (Attachments: #1 July 1, 2011 McLaren Letter to TVA on Kornberg, #2 Sampling Data, #3 Topographic Map, #4 TVA Discovery on Experts)(Small, Edwin) |
Filing 499 AFFIDAVIT in Opposition re #480 MOTION to Exclude the Proposed Expert Testimony of Dr. Nicholas Cheremisinoff and to Conduct a Daubert Hearing filed by Plaintiffs. (Attachments: #1 Exhibit Dr. Cheremisinoff's October 28, 2010 Declaration, #2 Exhibit Map of Counties part of which are within 40 miles of KIF, #3 Exhibit July 1, 2011 Marquand Letter and Accompanying Data of Cassandra Wylie, #4 Exhibit Roane County PM Breakdown, #5 Exhibit Trend Chart, #6 Exhibit Exhibit of Emissions within 40 miles of KIF, #7 Exhibit Casuccio Errata, #8 Exhibit Table of Total Aggregate Emission Releases)(McLaren, Joanne) Modified text on 7/12/2011 (ABF). |
Filing 498 RESPONSE in Opposition re #480 MOTION to Exclude the Proposed Expert Testimony of Dr. Nicholas Cheremisinoff and to Conduct a Daubert Hearing filed by Plaintiffs. (Attachments: #1 Exhibit Dr. Cheremisinoff's CV, #2 Exhibit Annex E, #3 Exhibit Table 11)(McLaren, Joanne) Modified text on 7/12/2011 (ABF). |
Filing 497 ORDER granting Motion for Extension of Time to File Response. The Plaintiffs shall have up to and including July 12, 2011, at 12:00 p.m., in which to respond. Due to the impending trial date and motion hearing, the Daubert-related deadlines will not be further extended absent a showing of substantial good cause. Signed by Magistrate Judge H Bruce Guyton on 7/6/2011. (MGM) |
Filing 496 RESPONSE in Opposition re #467 MOTION to Exclude the Proposed Expert Testimony of Barry Sulkin and to Conduct a Daubert Hearing, #475 MOTION to Exclude the Proposed Expert Testimony of James Millette and Steve Hays and to Conduct a Daubert Hearing, #477 MOTION to Exclude the Proposed Expert Testimony of Mark Quarles and to Conduct a Daubert Hearing, #473 MOTION to Exclude the Proposed Expert Testimony of Stephen King, Ph.D., M.P.H., and to Conduct a Daubert Hearing, #469 MOTION to Exclude the Proposed Expert Testimony of J. Fred Heitman and to Conduct a Daubert Hearing, #471 MOTION to Exclude the Proposed Expert Testimony of Pamela Cohen and to Conduct a Daubert Hearing filed by Plaintiffs. (Attachments: #2 Exhibit MVA Report, #3 Exhibit Dr. Millette Declaration, #4 Exhibit Dr. King CV, #5 Exhibit Dr. Cohen CV)(McLaren, Joanne) Modified on 7/6/2011 (ABF). (Additional attachment(s) added on 7/6/2011: #1 Exhibit Peyton Hairston Deposition) (ABF, ). (Attachment 1-5 replaced on 7/6/2011) (ABF). |
Filing 495 ORDER that the Court ACCEPTS IN WHOLE the Report and Recommendation #461 and DENIES AS MOOT defendant Tennessee Valley Authority's Motion to Dismiss, without prejudice, Medical Claims of 53 Plaintiffs. Signed by District Judge Thomas A Varlan on 7/5/11. (ABF) |
Filing 494 Unopposed MOTION for Extension of Time to File Response/Reply as to #482 Memorandum in Support of Motion, to Exclude the Expert Testimony of Dr. Nicholas P. Cheremisinoff by Plaintiffs. (McLaren, Joanne) Modified text on 7/6/2011 (ABF). |
Filing 493 [PDF Deleted at the request of counsel; doc filed in error; to be refil3ed] Unopposed MOTION for Extension of Time to File Response/Reply as to #482 Memorandum in Support of Motion, by Plaintiffs. (McLaren, Joanne) Modified text on 7/5/2011 (ABF). |
Filing 492 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 21, 2011, status hearing, before Judge Thomas A Varlan. Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.Redaction Request due 7/22/2011. Redacted Transcript Deadline set for 8/1/2011. Release of Transcript Restriction set for 9/29/2011. (JLO, ) . Modified on 7/1/2011 to update docket text to list deadlines(SAC, ). |
Filing 491 REPLY to Response to Motion re #451 MOTION to Bifurcate Trial Plan for the September 2011 Trial filed by Plaintiffs. (McLaren, Joanne) Modified text on 7/1/2011 (ABF). |
Filing 489 STIPULATION of Dismissal of Plaintiff Dennis A. Tollefson, Without Prejudice by Tennessee Valley Authority, Dennis A Tollefson. (McLaren, Joanne) |
Filing 490 Minute Entry for proceedings held before District Judge Thomas A Varlan: Status Conference held on 6/21/2011. (Court Reporter Jolene Owen) (JAN, ) |
Filing 488 MEMORANDUM AND ORDER denying Plaintiffs Motion to Exclude TVAs Expert Witnesses for Failure to Produce Expert Reports and/or Failure to Provide a Summary of Facts and Opinions and Request for Expedited Briefing Scheduling. Signed by Magistrate Judge H Bruce Guyton on 6/21/2011. (MGM) |
Filing 487 REPLY to Response to #429 MOTION to Expedite Briefing Schedule and Exclude TVA's Expert Witnesses for Failure to Produce Expert Reports and/or Failure to Provide a Summary of Facts and Opinions filed by plaintiffs. (McLaren, Joanne) Modified text on 6/21/2011 (AYB). |
Filing 486 STIPULATION of Dismissal (Without Prejudice) by Clay Davis, Jr, Tennessee Valley Authority. (McLaren, Joanne) |
Filing 485 RESPONSE to Motion re #451 MOTION to Bifurcate Trial Plan for the September 2011 Trial filed by Tennessee Valley Authority. (Small, Edwin) |
NOTICE of Hearing: Daubert Hearing set for 7/14/2011 09:00 AM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton. Court to address all pending expert challenges.(MGM) |
Filing 484 NOTICE to Take Deposition of Charles Phillips by Tennessee Valley Authority.(Chase, James) |
Filing 483 MEMORANDUM in Support of Motion re #479 MOTION to Exclude the Proposed Expert Testimony of John A. Kilpatrick, Renewed Motion to Exclude Dr. Kilpatrick's Testimony under Rule 37 and to Conduct a Daubert Hearing filed by Tennessee Valley Authority. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Attachment 7)(Anstoetter, Mark) |
Filing 482 MEMORANDUM in Support of Motion re #480 MOTION to Exclude the Proposed Expert Testimony of Dr. Nicholas Cheremisinoff and to Conduct a Daubert Hearing filed by All Defendants. (Attachments: #1 Appendix Report of Dr. Cheremisinoff and Annex E)(Marquand, Brent) |
Filing 481 AFFIDAVIT in Support re #480 MOTION to Exclude the Proposed Expert Testimony of Dr. Nicholas Cheremisinoff and to Conduct a Daubert Hearing filed by All Defendants. (Attachments: #1 Exhibit Total Annual PM10 Emissions from All Sources within 40 miles of Kingston Fossil Plant)(Marquand, Brent) |
Filing 480 MOTION to Exclude the Proposed Expert Testimony of Dr. Nicholas Cheremisinoff and to Conduct a Daubert Hearing by Tennessee Valley Authority. (Marquand, Brent) |
Filing 479 MOTION to Exclude the Proposed Expert Testimony of John A. Kilpatrick, Renewed Motion to Exclude Dr. Kilpatrick's Testimony under Rule 37 and to Conduct a Daubert Hearing by Tennessee Valley Authority. (Anstoetter, Mark) |
Filing 478 MEMORANDUM in Support of Motion re #477 MOTION to Exclude the Proposed Expert Testimony of Mark Quarles and to Conduct a Daubert Hearing filed by Tennessee Valley Authority. (Attachments: #1 Attachment 1, #2 Attachment 2)(Anstoetter, Mark) |
Filing 477 MOTION to Exclude the Proposed Expert Testimony of Mark Quarles and to Conduct a Daubert Hearing by Tennessee Valley Authority. (Anstoetter, Mark) |
Filing 476 MEMORANDUM in Support of Motion re #475 MOTION to Exclude the Proposed Expert Testimony of James Millette and Steve Hays and to Conduct a Daubert Hearing filed by Tennessee Valley Authority. (Attachments: #1 Attachment 1, #2 Attachment 2)(Anstoetter, Mark) |
Filing 475 MOTION to Exclude the Proposed Expert Testimony of James Millette and Steve Hays and to Conduct a Daubert Hearing by Tennessee Valley Authority. (Anstoetter, Mark) |
Filing 474 MEMORANDUM in Support of Motion re #473 MOTION to Exclude the Proposed Expert Testimony of Stephen King, Ph.D., M.P.H., and to Conduct a Daubert Hearing filed by Tennessee Valley Authority. (Attachments: #1 King Report)(Chase, James) |
Filing 473 MOTION to Exclude the Proposed Expert Testimony of Stephen King, Ph.D., M.P.H., and to Conduct a Daubert Hearing by Tennessee Valley Authority. (Chase, James) |
Filing 472 MEMORANDUM in Support of Motion re #471 MOTION to Exclude the Proposed Expert Testimony of Pamela Cohen and to Conduct a Daubert Hearing filed by Tennessee Valley Authority. (Attachments: #1 Attachment 1, #2 Attachment 2)(Anstoetter, Mark) |
Filing 471 MOTION to Exclude the Proposed Expert Testimony of Pamela Cohen and to Conduct a Daubert Hearing by Tennessee Valley Authority. (Anstoetter, Mark) |
Filing 470 MEMORANDUM in Support of Motion re #469 MOTION to Exclude the Proposed Expert Testimony of J. Fred Heitman and to Conduct a Daubert Hearing filed by Tennessee Valley Authority. (Attachments: #1 Heitman Report)(Ayliffe, David) |
Filing 469 MOTION to Exclude the Proposed Expert Testimony of J. Fred Heitman and to Conduct a Daubert Hearing by Tennessee Valley Authority. (Ayliffe, David) |
Filing 468 MEMORANDUM in Support of Motion re #467 MOTION to Exclude the Proposed Expert Testimony of Barry Sulkin and to Conduct a Daubert Hearing filed by Tennessee Valley Authority. (Attachments: #1 Attachement 1)(Anstoetter, Mark) |
Filing 467 MOTION to Exclude the Proposed Expert Testimony of Barry Sulkin and to Conduct a Daubert Hearing by Tennessee Valley Authority. (Anstoetter, Mark) |
Filing 466 MEMORANDUM in Support of Motion re #465 MOTION to Exclude the Proposed Expert Testimony of James C. Kornberg, M.D., Sc.D., and to Conduct a Daubert Hearing filed by Tennessee Valley Authority. (Attachments: #1 Attachment 1)(Anstoetter, Mark) |
Filing 465 MOTION to Exclude the Proposed Expert Testimony of James C. Kornberg, M.D., Sc.D., and to Conduct a Daubert Hearing by Tennessee Valley Authority. (Anstoetter, Mark) |
Filing 464 STIPULATION (REGARDING JOINDER OF CHARLES PHILLIPS AS A PLAINTIFF AND DISMISSAL, WITH PREJUDICE, OF PAMELA PHILLIPS) by Charles L Phillips, Pamela J Phillips, Tennessee Valley Authority. (McLaren, Joanne) |
Filing 463 STIPULATION of Dismissal (WITHOUT PREJUDICE) by John W Allen, Jr, Elizabeth A Bradford, Pamela J Phillips, Tennessee Valley Authority. (McLaren, Joanne) |
Filing 462 ORDER denying as moot TVA's #453 Motion to Permit Videoconference Deposition of Hillborn M. Botkin. Signed by Magistrate Judge H Bruce Guyton on 6/14/11. (ABF) |
Filing 461 REPORT AND RECOMMENDATIONS recommeding that TVA'S #283 MOTION to Dismiss Medical Claims of 53 Plaintiffs Without Prejudice be DENIED AS MOOT. Signed by Magistrate Judge H Bruce Guyton on 6/13/11. (MGM) |
Filing 460 RESPONSE in Opposition re #429 MOTION to Expedite Briefing Schedule and Exclude TVA's Expert Witnesses filed by Tennessee Valley Authority. (Anstoetter, Mark) |
Filing 459 ANSWER to #437 Amended Complaint (Third) by Tennessee Valley Authority.(Anstoetter, Mark) |
Filing 458 RESPONSE to Motion re #453 MOTION Permission for Videoconference Deposition (Motion to Permit Videoconference Deposition) filed by Tennessee Valley Authority. (Attachments: #1 Chase Email to Weintraub, June 9, 2011)(Chase, James) |
Filing 457 NOTICE to Take Deposition of Scott Barnett by Tennessee Valley Authority.(Chase, James) |
Filing 456 ORDER granting TVA's #357 Motion for Summary Judgment as to the claims of Plaintiffs Thomas F. Vereb and Wendy F. Vereb. Signed by District Judge Thomas A Varlan on 6/7/11. (ABF) |
Filing 455 ORDER granting TVA's #424 Motion to Dismiss Nonresponsive Plaintiffs Patrick Gough, Judy K. Smith and Paul Smith without prejudice. Signed by District Judge Thomas A Varlan on 6/7/11. (ABF) |
Filing 454 MEMORANDUM IN SUPPORT re #453 MOTION to Permit Videoconference Deposition by Hillborn M Botkin. (Attachments: #1 Exhibit Exhibit 1)(Weintraub, Bernard) Modified text on 6/7/2011 (ABF). |
Filing 453 MOTION to Permit Videoconference Deposition by Hillborn M Botkin. (Weintraub, Bernard) Modified text on 6/7/2011 (ABF). |
Filing 452 MEMORANDUM in Support of Motion re #451 MOTION to Bifurcate Trial Plan for the September 2011 Trial filed by Anita Auchard(individually). (Alexander, Elizabeth) |
Filing 451 MOTION to Bifurcate Trial Plan for the September 2011 Trial by Anita Auchard(individually). (Alexander, Elizabeth) |
Filing 450 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #436 Notice to Take Deposition. (Chase, James) |
Filing 449 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #430 Notice to Take Deposition as to Clifton Matheson and Ollie Matheson. (Chase, James) |
Filing 448 ORDER granting #422 Motion to Withdraw as Attorney. Attorney Anthony S Abato terminated. Signed by District Judge Thomas A Varlan on 6/03/2011. (KMK) Modified on 6/3/2011 (KMK): copy mailed to attorney Abato |
Filing 447 STIPULATION of Dismissal of Plaintiffs Hailey E. Allen, Jessica R. Allen, John Allen Sr., Jonathan R. Allen, and Seth Tredway, without prejudice by Hailey E Allen, Jessica R Allen, Jonathan R Allen, Tennessee Valley Authority, Seth Tredway. (McLaren, Joanne) |
Filing 446 STIPULATION of Dismissal of Sharon G. Wheeler by Tennessee Valley Authority, Sharon G Wheeler. (McLaren, Joanne) |
Filing 445 ORDER granting in part and denying in part the Motion to Exclude. The Plaintiffs must produce the data that Dr. Kilpatrick relied upon on or before June 8, 2011, and TVA shall have up to and including June 14, 2011, in which to amend its expert disclosures. Signed by Magistrate Judge H Bruce Guyton on 6/2/2011. (MGM) |
Filing 444 NOTICE to Take Deposition of Hailey E. Allen, Jessica R. Allen, Jonathan R. Allen, Seth Tredway, Sharon G. Wheeler by Tennessee Valley Authority.(Chase, James) |
Filing 443 AMENDED NOTICE OF DEPOSITION by Tennessee Valley Authority. Amendment to #231 Notice to Take Deposition as to Lance Brimble. (Chase, James) Modified text on 6/2/2011 (KMK, ). |
Filing 442 ORDER granting #334 Motion for Summary Judgment as to the 21 plaintiffs listed in the motion and the 21 plaintiffs named in the motion are hereby DISMISSED from this case for lack of standing. Signed by District Judge Thomas A Varlan on 6/1/11. (ABF) |
Filing 441 ORDER that TVAs Motion to Dismiss, Without Prejudice, Plaintiffs Lance W. Brimble and Judy M. Forrester #355 is hereby GRANTED in part and DENIED in part. The motion is GRANTED to the extent that plaintiff Judy M. Forresteris dismissed from this case, without prejudice. The motion is DENIED, with leave to re-file if appropriate, to the extent that plaintiff Lance W. Brimble shall not, at this time, be dismissed. Signed by District Judge Thomas A Varlan on 6/1/11. (ABF, ) |
Filing 440 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #424 Unopposed MOTION to Dismiss Nonresponsive Plaintiffs Patrick Gough, Judy K. Smith, and Paul Smith Without Prejudice by Tennessee Valley Authority filed by Tennessee Valley Authority. (Chase, James) |
Filing 439 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #355 MOTION to Dismiss , Without Prejudice, Plaintiffs Lance W. Brimble and Judy M. Forrester by Tennessee Valley Authority filed by Tennessee Valley Authority. (Chase, James) |
Filing 438 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #334 MOTION for Summary Judgment as to 21 Plaintiffs for Lack of Standing by Tennessee Valley Authority filed by Tennessee Valley Authority. (Chase, James) |
Filing 437 AMENDED COMPLAINT (Third) against All Defendants., filed by Plaintiffs.(McLaren, Joanne) Modified text on 5/31/2011 (ABF). |
Filing 436 NOTICE to Take Deposition of SunWest Trust by Tennessee Valley Authority.(Chase, James) |
Filing 435 NOTICE to Take Deposition of The Luecke Family Trust by Tennessee Valley Authority.(Chase, James) |
Filing 434 NOTICE to Take Deposition of Rockwood Lakeview, LLC by Tennessee Valley Authority.(Chase, James) |
Filing 433 NOTICE to Take Deposition of Papa Joe's Country Cafe, Corp. by Tennessee Valley Authority.(Chase, James) |
Filing 432 NOTICE to Take Deposition of Cummins Construction, LLC by Tennessee Valley Authority.(Chase, James) |
Filing 431 NOTICE to Take Deposition of A. Ray Simmon, Angela D. Ladd, John Allen Sr., Arnold Beckett, Regenia Barnett, Scott Barnett, Eva Bullens by Tennessee Valley Authority.(Chase, James) |
Filing 430 NOTICE to Take Deposition of Clifton Matheson, Ollie Matheson, Jonathan W. Bennett, Victoria Smith, Richard D. Brooksbank, Donna Brooksbank, Hillborn M. Botkin by Tennessee Valley Authority.(Chase, James) |
Filing 429 MOTION to Expedite Briefing Schedule and Exclude TVA's Expert Witnesses by Plaintiffs (Attachments: #1 Other Memorandum in Support of Plaintiffs' Motion to Exclude TVA's Expert Witnesses for Failure to Produce Expert Reports and/or Failure to Provide a Summary of Facts and Opinions, #2 Exhibit TVA's Expert Disclosures, #3 Exhibit Excerpts from Carriker Deposition, #4 Exhibit Vitale E-mails)(McLaren, Joanne) Modified text on 5/25/2011 (ABF). |
Filing 428 REPLY to Response to Motion re #393 MOTION Exclude Expert John Kilpatrick and Request for Expedited Briefing Schedule filed by Tennessee Valley Authority. (Attachments: #1 Exhibit A)(Anstoetter, Mark) |
Filing 427 MEMORANDUM AND ORDER granting Plaintiff's #368 Motion for Leave to Amend Plaintiffs Second Amended Complaint and to Add Parties and to Remove Counts Relating to Medical Claims. The Plaintiffs shall file the Third Amended Complaint in this case within five days of the entry of this Memorandum and Order. Signed by Magistrate Judge H Bruce Guyton on 5/23/2011. (MGM) |
Filing 426 NOTICE by Tennessee Valley Authority re #345 Notice to Take Deposition - Continued Deposition of Deborah Zeckser (Chase, James) |
Filing 425 MEMORANDUM in Support of Motion re #424 Unopposed MOTION to Dismiss Nonresponsive Plaintiffs Patrick Gough, Judy K. Smith, and Paul Smith Without Prejudice filed by Tennessee Valley Authority. (Attachments: #1 Certificate of Non-Appearance of Judy Smith, #2 Weintraub Emails to Chase, May 13, 2011, and May 18, 2011)(Chase, James) |
Filing 424 Unopposed MOTION to Dismiss Nonresponsive Plaintiffs Patrick Gough, Judy K. Smith, and Paul Smith Without Prejudice by Tennessee Valley Authority. (Chase, James) |
Filing 423 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #231 Notice to Take Deposition as to William Botkin. (Chase, James) |
Filing 422 MOTION to Withdraw as Attorney Anthony S. Abato by Plaintiffs. (McLaren, Joanne) Modified text on 5/20/2011 (ABF). |
Filing 421 ORDER granting #416 Motion to Permit the Deposition of William Botkin. The deposition of Mr. Botkin will take place May 26, 2011. Signed by Magistrate Judge H Bruce Guyton on 5/19/2011. (MGM) |
Filing 420 ORDER REFERRING MOTION: #368 MOTION to Amend/Revise Complaint filed by Plaintiffs referred to the Honorable H. Bruce Guyton, USMJ.Signed by District Judge Thomas A Varlan on 5/19/11. (ABF) |
Filing 419 RESPONSE TO LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #411 Local Rule 7.1(d) Supplemental Brief by Plaintiffs. (Attachments: #1 Exhibit TVA's Roane County Property Next Steps)(McLaren, Joanne) Modified text on 5/19/2011 (ABF). |
Filing 418 STIPULATION of Dismissal Party JOINT STIPULATION OF DISMISSAL OF 24 PLAINTIFFS, WITHOUT PREJUDICE by Hailey E Allen, Jessica R Allen, Jonathan R Allen, Buffy K Clark, Clint Davis, Elisha Hall, Pamela M Hampton(Individually), Thomas Mitchell, Jr, Pamela J Phillips, Katrina Poland(Individually), Stephen K Renzo(Individually), Micah L Rusinek, Holly A Seiber, Tina S Snow(Individually), Tennessee Valley Authority, Seth Tredway, Crystal R White(Individually), Michael - White(Individually). (Attachments: #1 Exhibit Stipulated List of 24 Plaintiffs Dismissed, Without Prejudice)(Weintraub, Bernard) |
Filing 417 MEMORANDUM in Support of Motion re #416 MOTION for Discovery (Motion to Permit the Deposition of William Botkin) filed by William H Botkin. (Attachments: #1 Affidavit of Bernard Weintraub)(Weintraub, Bernard) |
Filing 416 MOTION for Discovery (Motion to Permit the Deposition of William Botkin) by William H Botkin. (Weintraub, Bernard) |
Filing 415 ORDER granting TVA's #359 Motion for Summary Judgment as to All Remaining Claims of Plaintiffs Tracy A. Beaty, Buffy K. Clark and Sharon G. Wheeler for Lack of Standing. Signed by District Judge Thomas A Varlan on 5/18/11. (ABF) |
Filing 414 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #396 Notice to Take Deposition as to Wanda McKinney. (Chase, James) |
Filing 413 EXHIBITS A-C in Support of #412 RESPONSE in Opposition re #393 MOTION Exclude Expert John Kilpatrick and Request for Expedited Briefing Schedule filed by Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit)(Greenwald, Robin) Modified text on 5/17/2011 (ABF). |
Filing 412 RESPONSE in Opposition re #393 MOTION Exclude Expert John Kilpatrick and Request for Expedited Briefing Schedule filed by Plaintiffs. (Greenwald, Robin) Modified text on 5/17/2011 (ABF). |
Filing 411 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #160 MOTION for Summary Judgment on Plaintiffs' Tort and Inverse Condemnation Claims on Grounds of No Causation by Tennessee Valley Authority filed by Tennessee Valley Authority. (Small, Edwin) |
Filing 410 STIPULATION of Dismissal of Plaintiffs Theresa A. Houlihan, Paul J. Houlihan, Donna Kirby and William P. Kirby, Without Prejudice by Paul J Houlihan, Theresa A Houlihan, Donna Kirby, William P Kirby, Tennessee Valley Authority. (Weintraub, Bernard) |
Filing 409 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #401 Notice to Take Deposition as to Elizabeth Bradford. (Chase, James) |
Filing 408 REPLY to Response to Motion re #357 MOTION for Summary Judgment as to Plaintiffs Thomas E. Vereb and Wendy F. Vereb filed by Tennessee Valley Authority. (Attachments: #1 Exclusive Right to Sell Listing Agreement, #2 Closing Statement)(Chase, James) |
Filing 407 REPLY to Response to Motion re #355 MOTION to Dismiss , Without Prejudice, Plaintiffs Lance W. Brimble and Judy M. Forrester filed by Tennessee Valley Authority. (Chase, James) |
Filing 406 NOTICE to Take Deposition of Charli Michaels by Tennessee Valley Authority.(Chase, James) |
Filing 405 STIPULATION Regarding Claims and Alleged Damages by Charli Michaels, Tennessee Valley Authority. (Weintraub, Bernard) |
Filing 404 STIPULATION of Dismissal of the Claims of Plaintiff Marty R. McPeters, Without Prejudice by Marty R McPeter, Tennessee Valley Authority. (Weintraub, Bernard) |
Filing 403 NOTICE to Take Deposition of Bruce Renzo by Tennessee Valley Authority.(Chase, James) |
Filing 402 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #359 MOTION for Summary Judgment as to All Remaining Claims of Plaintiffs Tracy A. Beaty, Buffy K. Clark, and Sharon G. Wheeler for Lack of Standing by Tennessee Valley Authority filed by Tennessee Valley Authority. (Attachments: #1 Weintraub email to Chase, May 3, 2011)(Chase, James) |
Filing 401 NOTICE to Take Deposition of Elizabeth Bradford by Tennessee Valley Authority.(Chase, James) |
Filing 400 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #342 Notice to Take Deposition as to Sandra Brown. (Chase, James) |
Filing 399 RESPONSE in Opposition re #357 MOTION for Summary Judgment as to Plaintiffs Thomas E. Vereb and Wendy F. Vereb filed by Thomas E Vereb, Wendy F Vereb. (Attachments: #1 Affidavit of Bernard Weintraub)(Weintraub, Bernard) |
Filing 398 RESPONSE to Motion re #355 MOTION to Dismiss , Without Prejudice, Plaintiffs Lance W. Brimble and Judy M. Forrester filed by Lance W Brimble, Judy M Forrester. (Attachments: #1 Affidavit)(Weintraub, Bernard) |
Filing 397 NOTICE to Take Deposition of Rebecca Conway, Barbara Agee, Daniel Botkin by Tennessee Valley Authority.(Chase, James) |
Filing 396 NOTICE to Take Deposition of Mary Simmon, Wanda McKinney by Tennessee Valley Authority.(Chase, James) |
Filing 395 NOTICE to Take Deposition of Gisela Condon, Dollie Hendrickson, Pamela Phillips by Tennessee Valley Authority.(Chase, James) |
Filing 394 MEMORANDUM in Support of Motion re #393 MOTION Exclude Expert John Kilpatrick and Request for Expedited Briefing Schedule filed by Tennessee Valley Authority. (Attachments: #1 Exhibit A, #2 Exhibit B (Chesney Report), #3 Exhibit B (Chesney App. pt. 1), #4 Exhibit B (Chesney App. pt. 2), #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Anstoetter, Mark) |
Filing 393 MOTION Exclude Expert John Kilpatrick and Request for Expedited Briefing Schedule by Tennessee Valley Authority. (Anstoetter, Mark) |
Filing 392 NOTICE to Take Deposition of Gary Thomas by Tennessee Valley Authority.(Chase, James) |
Filing 391 SUBPOENA Returned Executed as to ORNL Federal Credit Union on 04/15/11 (Chase, James) |
Filing 390 SUBPOENA Returned Executed as to Enrichment Federal Credit Union on 04/15/11 (Chase, James) |
Filing 389 SUBPOENA Returned Executed as to TN Bank on 04/15/11 (Chase, James) |
Filing 388 SUBPOENA Returned Executed as to Citizens National Bank on 04/21/11 (Chase, James) |
Filing 387 SUBPOENA Returned Executed as to Citizens First Bank on 04/21/11 (Chase, James) |
Filing 386 SUBPOENA Returned Executed as to Regions Bank on 04/21/11 (Chase, James) |
Filing 385 SUBPOENA Returned Executed as to Mortgage Investors Group on 04/21/11 (Chase, James) |
Filing 384 STIPULATION of Dismissal of the Claims of Plaintiff Mary A. Prince, Without Prejudice by Mary A Prince, Tennessee Valley Authority. (McLaren, Joanne) |
Filing 383 STIPULATION Regarding Claims and Alleged Damages by Wanda K McKinney, Tennessee Valley Authority, Gary D Thomas. (Greenwald, Robin) |
Filing 382 RESPONSE to Motion re #368 MOTION to Amend/Revise Complaint filed by Tennessee Valley Authority. (Small, Edwin) |
Filing 381 NOTICE by Tennessee Valley Authority of ISSUANCE of SUBPOENA to REGIONS BANK (Chase, James) |
Filing 380 NOTICE by Tennessee Valley Authority of ISSUANCE of SUBPOENA to CITIZENS FIRST BANK (Chase, James) |
Filing 379 STIPULATION of Dismissal of 9 Plaintiffs, Without Prejudice by Doris S Edwards, Elisha Hall(Individually), Danny Hawn, Tami Hines-Williams(Individually), Morris Marlow, Charli Michaels, Thomas Mitchell, Jr(Individually), Holly Schean, Tennessee Valley Authority, Keith Wicks-Pelfrey. (Greenwald, Robin) |
Filing 378 ORDER granting TVA's #346 Motion to Dismiss Five Non-Responsive Plaintiffs Without Prejudice. Sherry A. Johnson, Tiffany N. Johnson, Timmy D. Johnson, Tony F. Perez and David E. Wilder are DISMISSED without prejudice from this case. Signed by District Judge Thomas A Varlan on 4/20/11. (ABF) |
Filing 377 STIPULATION of Dismissal of the Claims of Plaintiff Charles L. Phillips, Without Prejudice by Charles L Phillips, Tennessee Valley Authority. (Greenwald, Robin) |
Filing 376 STIPULATION of Dismissal of the Claims of Minor H.R., Identified in Paragraph 180 of the Second Amended Complaint [Doc. 134], Without Prejudice by Stephen K Renzo, Tennessee Valley Authority. (Greenwald, Robin) |
Filing 375 REPLY to Response to Motion re #334 MOTION for Summary Judgment as to 21 Plaintiffs for Lack of Standing filed by Tennessee Valley Authority. (Small, Edwin) |
Filing 374 NOTICE by Tennessee Valley Authority of ISSUANCE OF SUBPOENA TO CITIZENS NATIONAL BANK (Chase, James) |
Filing 373 NOTICE by Tennessee Valley Authority of ISSUANCE OF SUBPOENA TO MORTGAGE INVESTORS GROUP (Chase, James) |
Filing 372 NOTICE by Tennessee Valley Authority of ISSUANCE OF SUBPOENA TO TN BANK (Chase, James) |
Filing 371 NOTICE by Tennessee Valley Authority of ISSUANCE OF SUBPOENA TO ENRICHMENT FEDERAL CREDIT UNION (Chase, James) |
Filing 370 NOTICE by Tennessee Valley Authority of ISSUANCE OF SUBPOENA TO ORNL FEDERAL CREDIT UNION (Chase, James) |
Filing 369 RESPONSE in Opposition re #334 MOTION for Summary Judgment as to 21 Plaintiffs for Lack of Standing filed by Plaintiffs. (Attachments: #1 Exhibit A - Second Supplemental Rule 26 Disclosures for Jody Cummins, #2 Exhibit B - Second Supplemental Rule 26 Disclosures for Joan-Marie Cummins, #3 Exhibit C - Deposition Excerpt of Jody Cummins, #4 Exhibit D - Deed)(Greenwald, Robin) Modified text on 4/19/2011 (ABF). |
Filing 368 MOTION to Amend/Revise Complaint by Plaintiffs. (Attachments: #1 Memorandum in Support of Motion to Amend, #2 Proposed Amended Complaint, #3 Afffidavit)(Greenwald, Robin) Modified text on 4/19/2011 (ABF). |
Filing 367 ORDER granting #362 Motion to Withdraw and denying 327 Motion to Sever Pursuant to Federal Rule of Civil Procedure 42, or in the Alternative, for an Extension of Time to Submit Expert Reports Related to Medical Claims Related to Medical Claims as MOOT. Signed by Magistrate Judge H Bruce Guyton on 4/18/11. (MGM) |
Filing 366 NOTICE to Take Deposition of Martha Young by Tennessee Valley Authority.(Chase, James) |
Filing 365 NOTICE to Take Deposition of Thomas Mitchell, Nancy Engman, Judy Smith by Tennessee Valley Authority.(Chase, James) |
Filing 364 RESPONSE to Motion re 363 MOTION to Amend/Revise Plaintiffs' Second Amended Complaint filed by Tennessee Valley Authority. (Small, Edwin) |
Filing 363 [PDF REMOVED; WRONG DOCUMENT ATTACHED, to be refiled] MOTION to Amend/Revise Plaintiffs' Second Amended Complaint by Plaintiffs. (Greenwald, Robin) Modified on 4/18/2011 (ABF). |
Filing 362 MOTION to Withdraw 327 MOTION to Sever Pursuant to F.R.C.P. 42 Or, In the Alternative, For An Extension of Time To Submit Expert Reports Related to Medical Claims MOTION for Extension of Time to File by Plaintiffs. (Greenwald, Robin) Modified text on 4/18/2011 (ABF). |
Filing 361 MEMORANDUM in Support of Motion re #359 MOTION for Summary Judgment as to All Remaining Claims of Plaintiffs Tracy A. Beaty, Buffy K. Clark, and Sharon G. Wheeler for Lack of Standing filed by Tennessee Valley Authority. (Attachments: #1 Unrecorded Deed Parcel 03800, New Hope Road Extension, #2 Buffy Clark Deposition excerpts, #3 Sharon G. Wheeler's Second Supplemental Rule 26 Disclosure)(Chase, James) |
Filing 360 AFFIDAVIT in Support re #359 MOTION for Summary Judgment as to All Remaining Claims of Plaintiffs Tracy A. Beaty, Buffy K. Clark, and Sharon G. Wheeler for Lack of Standing , Declaration of Heidi A. Stubbs filed by Tennessee Valley Authority. (Attachments: #1 Deed - Parcel 03800, New Hope Road Extension, #2 Deed - 1876 Ruritan Road, #3 Lot 15, Harriman)(Chase, James) |
Filing 359 MOTION for Summary Judgment as to All Remaining Claims of Plaintiffs Tracy A. Beaty, Buffy K. Clark, and Sharon G. Wheeler for Lack of Standing by Tennessee Valley Authority. (Chase, James) |
Filing 358 MEMORANDUM in Support of Motion re #357 MOTION for Summary Judgment as to Plaintiffs Thomas E. Vereb and Wendy F. Vereb filed by Tennessee Valley Authority. (Attachments: #1 Warranty Deed - 178 Lakeshore Drive), #2 Settlement Agreement and Release, #3 Release of Claims for Damage to Personal Property, #4 2007 Appraisal - Northshore Estates tract, #5 2009 Appraisal - Northshore Estates tract, #6 Thomas Vereb Deposition excerpts)(Chase, James) |
Filing 357 MOTION for Summary Judgment as to Plaintiffs Thomas E. Vereb and Wendy F. Vereb by Tennessee Valley Authority. (Chase, James) |
Filing 356 MEMORANDUM in Support of Motion re #355 MOTION to Dismiss , Without Prejudice, Plaintiffs Lance W. Brimble and Judy M. Forrester filed by Tennessee Valley Authority. (Attachments: #1 Chase letter to Srolovic, Jan. 13, 2011, #2 Declaration of Rebecca L. Coffey, #3 Brimble Transcript, Feb. 25, 2011, #4 Brimble Transcript, Mar. 21, 2011, #5 Forrester Transcript, Apr. 14, 2011)(Chase, James) |
Filing 355 MOTION to Dismiss , Without Prejudice, Plaintiffs Lance W. Brimble and Judy M. Forrester by Tennessee Valley Authority. (Chase, James) |
Filing 354 ORDER that TVA's request to WITHDRAW the summary judgment request as to plaintiffs Merry C. Kartch, Brenda Ladd, Sara Luecke, Mary A. Prince, Bonnie Robertson, and Joan H. Sheldon is GRANTED. The remainder of TVA's motion #250 is GRANTED, in part, and the remainder of the motion is DENIED as moot. Summary Judgment in favor of TVA is GRANTED as to the medical claims and associated damages and relief, if any, alleged by the 110 plaintiffs listed in Exhibit 1 to TVA's reply brief #303 . Summary Judgment in favor of TVA is DENIED as moot in regard to plaintiffs James A. Agee, II, Mitchel L. Coffey, Sherry Coffey, Shirley M. Daniel, William Gough, Gary Rolen, Alfred D. Steimel and Sylvia Steimel, as the claims of these plaintiffs have previously been dismissed by stipulation. Signed by District Judge Thomas A Varlan on 4/14/11. (ABF) |
Filing 353 STIPULATION of Dismissal of Plaintiff Susan Hutchinson, Without Prejudice by Susan Hutchinson, Tennessee Valley Authority. (Greenwald, Robin) |
Filing 352 ORDER granting #349 Joint Stipulation. The Defendant shall have up to and including April 29, 2011, in which to respond to the Plaintiffs 327 Motion to Sever Pursuant to Federal Rule of Civil Procedure 42 or, in the Alternative, for an Extension of Time to Submit Expert Reports Related to Medical Claims Signed by Magistrate Judge H Bruce Guyton on 4/12/2011. (MGM) |
Filing 351 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #317 Notice to Take Deposition, as to Stephen Renzo as Next Friend to H. R., Minor. (Chase, James) |
Filing 350 ORDER REFERRING MOTION: #283 MOTION to Dismiss Medical Claims of 53 Plaintiffs Without Prejudice filed by Tennessee Valley Authority referred to the Honorable H. Bruce Guyton, USMJ.Signed by District Judge Thomas A Varlan on 4/12/11. (ABF) |
Filing 349 STIPULATION re 327 MOTION to Sever Pursuant to F.R.C.P. 42 Or, In the Alternative, For An Extension of Time To Submit Expert Reports Related to Medical Claims. (Greenwald, Robin) Modified text on 4/12/2011 (ABF). |
Filing 348 SUBPOENA Returned Executed as to Ridgeview Psychiatric on April 5, 2011 (Chase, James) |
Filing 347 MEMORANDUM in Support of Motion re #346 MOTION to Dismiss for Lack of Prosecution Sherry A. Johnson, Tiffany N. Johnson, Timmy D. Johnson, Tony F. Perez, and David E. Wilder filed by Tennessee Valley Authority. (Attachments: #1 April 8, 2011 Email from Weintraub to Chase)(Chase, James) |
Filing 346 MOTION to Dismiss for Lack of Prosecution Sherry A. Johnson, Tiffany N. Johnson, Timmy D. Johnson, Tony F. Perez, and David E. Wilder by Tennessee Valley Authority. (Chase, James) |
Filing 345 NOTICE to Take Deposition of Elaine Barnes, Mark Whitlock, Deborah Zeckser, and James Ryan by Tennessee Valley Authority.(Chase, James) |
Filing 344 STIPULATION Regarding Claims and Alleged Damages by Raymond L Allen, Elaine Barnes, James Ryan, Tennessee Valley Authority, Mark Whitlock, Deborah A Zeckser. (Greenwald, Robin) |
Filing 343 NOTICE to Take Deposition of Raymond L. Allen, Brenda Ladd, Sara Luecke, Tami Hines-Williams, Karen Wilds by Tennessee Valley Authority.(Chase, James) |
Filing 342 NOTICE to Take Deposition of Merry Kartch, Paul Engman, Sandra Brown, Betty Foy, Sandra Burnette by Tennessee Valley Authority.(Chase, James) |
Filing 341 NOTICE to Take Deposition of Pennie Wicks-Pelfrey, as Next Friend to C. F., Minor; T. H., Minor; Charli Michaels, as Next Friend to A. M. L., Minor; Holly Schean, as Next Friend to J. C., Minor by Tennessee Valley Authority.(Chase, James) |
Filing 340 ORDER granting TVA's #265 Motion to Dismiss. Greg Hoskins, Jessica Johnson and Cynthia Shillings are DISMISSED without prejudice. Signed by District Judge Thomas A Varlan on 4/6/11. (ABF) |
Filing 339 STIPULATION of Dismissal of Plaintiffs Pamela Day, Larry D. Dorlan, and Holly A. Seiber, Without Prejudice by Pamela Day, Larry D Dorlan, Holly A Seiber, Tennessee Valley Authority. (Greenwald, Robin) |
Filing 338 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #286 Notice to Take Deposition as to Christine Griffis. (Chase, James) |
Filing 337 ORDER granting #323 Motion for Joanne McLaren to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 4/4/11. (C/M to the Weitz & Luxenberg Attorneys Anthony Abato, Bernard Weintraub and Joanne McLaren who have yet to complete an ECF Registration form even after numerous letters requesting to do such) (ABF) |
Filing 336 ORDER denying as moot #169 Motion for Leave to File Document Under Seal. Signed by District Judge Thomas A Varlan on 4/4/11. (ABF) Modified on 4/4/2011 to indicate c/m to all non-ecf attorneys (ABF). |
Filing 335 MEMORANDUM in Support of Motion re #334 MOTION for Summary Judgment as to 21 Plaintiffs for Lack of Standing filed by Tennessee Valley Authority. (Attachments: #1 Table of Plaintiffs as of 4/1/2011)(Small, Edwin) |
Filing 334 MOTION for Summary Judgment as to 21 Plaintiffs for Lack of Standing by Tennessee Valley Authority. (Small, Edwin) |
Filing 333 NOTICE OF FILING CERTIFICATE OF GOOD STANDING FROM THE SUPREME COURT OF NEW YORK re #323 MOTION for Joanne McLaren to Appear Pro Hac Vice (ABF) |
Filing 332 REPLY to Response to Motion re #283 MOTION to Dismiss Medical Claims of 53 Plaintiffs Without Prejudice filed by Tennessee Valley Authority. (Chase, James) |
Filing 331 NOTICE to Take Deposition of Steven Roberts, Imogene Agne, Tereina Webb, and Doris Edwards by Tennessee Valley Authority.(Chase, James) |
Filing 330 ORDER granting #181 Motion for Bernard Weintraub to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 3/29/11 NUNC PRO TUNC 11/16/10. (ABF) |
Filing 329 ORDER REFERRING 327 plaintiffs' MOTION to Sever Pursuant to F.R.C.P. 42 Or, In the Alternative, For An Extension of Time To Submit Expert Reports Related to Medical Claims to USMJ H. Bruce Guyton. Signed by District Judge Thomas A Varlan on March 28, 2011. (mailed to unregistered counsel) (AYB) |
Filing 328 MEMORANDUM in Support of Motion re 327 MOTION to Sever Pursuant to F.R.C.P. 42 Or, In the Alternative, For An Extension of Time To Submit Expert Reports Related to Medical Claims filed by Barbara D Agee, James A Agee, Christopher Agne, Imogene Agne, Hailey E Allen, Jeffrey C Allen, Jessica R Allen, Jonathan R Allen, Raymond L Allen, Sherrie L Allen, Jackie Armes, Jr, Jackie H Armes, Sr, Sybil Ball, Freank Balzer, Patricia Balzer, Elaine Barnes, Jim Barnes, Rick A Barrett, Janie Beasley, John Beasley, Brian T Beaty, Tracy A Beaty, Jonathan W Bennett, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Diane J Breiner, Fred J Breiner, Renee Breiner, Lance W Brimble, Sandra G Brown, Vince Brown, Charles R Brumley, Jeffrey Bryant, Alexis Bryson, Cortney Bryson, Andy Bullens, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Buffy K Clark(Individually), Buffy K Clark, Rebecca L Clark, William C Clark, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Joan-Marie Cummins, Jody Cummins, Glenn K Daniel, Shirley M Daniel, Clay Davis, Jr, Clint Davis(Individually), Clint Davis, Pamela Day, Larry D Dorlan, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Doris S Edwards, Nancy Engman, Paul Engman, Adelania Ferrante, Joseph Ferrante, Judy M Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, George B Fulton, MaryAnn E Fulton, Bob Gajewski, Janet Gajewski, Elisa Gastineau, Michael Gastineau, Patrick Gough, Terri Gough, Terri Gough(Individually), Christine J Griffis, Elisha Hall(Individually), Elisha Hall, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison, Matthew S Harrison(Individually), Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Tami Hines-Williams(Individually), Tami Hines-Williams, Greg Hoskins, Kelly Hoskins, Paul J Houlihan, Theresa A Houlihan, Susan Hutchinson, Kelly Jackson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Joe Kartch, Merry C Kartch, Greg Keskey, Donna Kirby, William P Kirby, Dianna D Krupp, Julius J Krupp, Jr, Angela D Ladd, Beth Ladd, Brenda F Ladd, Dustin B Ladd, Opal I Ladd, Randel E Ladd, Debra D Lowery, Glen Luecke, Sara Luecke, Morris Marlow, Barbara Marshall, Herbert M Marshall, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Charli Michaels(Individually), Charli Michaels, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Judith Nelson, Loren Nelson, Dianne U Payne, James R Payne, Tony Perez, Charles L Phillips, Pamela J Phillips, Heather Poland, Joshua Poland, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Patricia L Roberts, Steven R Roberts, Bonnie Robertson, Ora Robertson, Micah L Rusinek, Stanley R Rusinek, James Ryan, Holly Schean, Holly Schean(Individually), Geraldine Seiber, Holly A Seiber, Howard Sheldon, Joan H Sheldon, Cynthia D Shillings, Mary E Simmon, A Ray Simon, Kathleen Simpson, Ricky Simpson, Carol A Smith, Judy K Smith, Paul Smith, Paul M Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Jamie Standridge, Brandy Stepp, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Peter M Stresen-Reuter, James - Summers, Gary D Thomas, Dennis A Tollefson, Pamela Tredway, Seth Tredway, Miguel Velazquez, Thomas E Vereb, Wendy F Vereb, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, David E Wilder, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Martha B Young, Robert D Young, Deborah A Zeckser. (Attachments: #1 Exhibit Medical Claims List)(Greenwald, Robin) |
Filing 327 [WITHDRAWN per #367 Order] MOTION to Sever Pursuant to F.R.C.P. 42 Or, In the Alternative, For An Extension of Time To Submit Expert Reports Related to Medical Claims by Barbara D Agee, James A Agee, Christopher Agne, Imogene Agne, Hailey E Allen, Jeffrey C Allen, Jessica R Allen, John W Allen, Jr, Jonathan R Allen, Raymond L Allen, Sherrie L Allen, Jackie H Armes, Sr, Sybil Ball, Freank Balzer, Patricia Balzer, Elaine Barnes, Jim Barnes, Rick A Barrett, Janie Beasley, John Beasley, Brian T Beaty, Tracy A Beaty, Jonathan W Bennett, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Diane J Breiner, Fred J Breiner, Renee Breiner, Lance W Brimble, Sandra G Brown, Vince Brown, Charles R Brumley, Jeffrey Bryant, Alexis Bryson, Cortney Bryson, Andy Bullens, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Buffy K Clark(Individually), Buffy K Clark, Rebecca L Clark, William C Clark, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Joan-Marie Cummins, Jody Cummins, Glenn K Daniel, Shirley M Daniel, Clay Davis, Jr, Clint Davis(Individually), Clint Davis, Pamela Day, Larry D Dorlan, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Doris S Edwards, Nancy Engman, Paul Engman, Adelania Ferrante, Joseph Ferrante, Judy M Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, George B Fulton, MaryAnn E Fulton, Bob Gajewski, Janet Gajewski, Elisa Gastineau, Michael Gastineau, Patrick Gough, Terri Gough, Terri Gough(Individually), Christine J Griffis, Elisha Hall(Individually), Elisha Hall, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison, Matthew S Harrison(Individually), Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Tami Hines-Williams(Individually), Tami Hines-Williams, Greg Hoskins, Kelly Hoskins, Paul J Houlihan, Theresa A Houlihan, Susan Hutchinson, Kelly Jackson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Joe Kartch, Merry C Kartch, Greg Keskey, Donna Kirby, William P Kirby, Dianna D Krupp, Julius J Krupp, Jr, Angela D Ladd, Beth Ladd, Brenda F Ladd, Dustin B Ladd, Opal I Ladd, Randel E Ladd, Debra D Lowery, Glen Luecke, Sara Luecke, Morris Marlow, Barbara Marshall, Herbert M Marshall, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Charli Michaels(Individually), Charli Michaels, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Judith Nelson, Loren Nelson, Dianne U Payne, James R Payne, Tony Perez, Charles L Phillips, Pamela J Phillips, Heather Poland, Joshua Poland, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Patricia L Roberts, Steven R Roberts, Bonnie Robertson, Ora Robertson, Micah L Rusinek, Stanley R Rusinek, James Ryan, Holly Schean, Holly Schean(Individually), Geraldine Seiber, Holly A Seiber, Howard Sheldon, Joan H Sheldon, Cynthia D Shillings, Mary E Simmon, A Ray Simon, Kathleen Simpson, Ricky Simpson, Carol A Smith, Judy K Smith, Paul Smith, Paul M Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Jamie Standridge, Brandy Stepp, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Peter M Stresen-Reuter, James - Summers, Gary D Thomas, Dennis A Tollefson, Leanna Townsend, Pamela Tredway, Seth Tredway, Robert Trimmer, Miguel Velazquez, Thomas E Vereb, Wendy F Vereb, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, David E Wilder, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Martha B Young, Robert D Young, Deborah A Zeckser. (Greenwald, Robin). Added MOTION for Extension of Time on 3/28/2011. Notified attorney of corrective action (ADA). Modified on 4/18/2011 (MGM). |
Filing 326 STIPULATION of Dismissal of the Claims of Minor H.A., Identified in Paragraph 20 of the Second Amended Complaint [Doc.134], Without Prejudice by Jeffrey C Allen, Tennessee Valley Authority. (Greenwald, Robin) |
Filing 325 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #300 Notice to Take Deposition, as to Matthew S. Harrison as Next Friend to J. R. H., Minor; S. B. O. Minor; Micah L. Rusinek as Next Friend to H. R., Minor; M. C. S., Minor; and Adelania Ferrante, as Next Friend to A. F., Minor. (Chase, James) |
Filing 324 NOTICE OF DEFICIENCY re #323 MOTION for Joanne McLaren to Appear Pro Hac Vice. A certificate of good standing from the highest court of a state, territory or the District of Columbia has not been filed. The motion may be summarily denied if the deficiency(ies) are not corrected within 15 days of this Notice. (C/M to Joanne McLaren) (ABF) |
Filing 322 ORDER granting #320 Motion to Withdraw as Attorney. Attorney Lemuel M Srolovic terminated. Signed by District Judge Thomas A Varlan on 3/25/11. (c/m) (ABF) |
Filing 321 MEMORANDUM AND ORDER that TVA's Nondiscretionary Conduct Motions are DENIED in PART and GRANTED in PART. The Motions are GRANTED to the extent that Plaintiffs' allegations involve: TVA's discretionary conduct and decisions relating to the design and construction of the KIF plant: TVA's discretionary decision to keep in operation the KIF plant's wet coal ash disposal system; TVA's discretionary conduct and decisions relating to clean-up, removal, or remediation following the ash spill; TVA's discretionary conduct and decisions relating to policies and procedures for coal ash operations and management; and TVA's discretionary decisions and conduct regarding modifications, repairs, and changes to the KIF plant and the surrounding impoundments. The Motions are DENIED to the extent that plaintiffs' allegations involve the following nondiscretionary conduct by TVA: negligent failure to inform or train TVA personnel in the applicable policies and procedures for coal ash operations and management; negligent or inadequate performance by TVA personnel of TVA's policies and procedures; negligence in the construction and implementation of approved design and construction plans; and negligent maintenance.. Signed by District Judge Thomas A Varlan on 3/24/11. (C/M to all non-ECF filers) (ABF) |
ECF Requirement Letter mailed to Attorneys Anthony Abato, Joanne McLaren, Bernard Weintraub and Ashley Morris along with a copy of Memorandum and Order #321 (ABF) |
Filing 320 MOTION to Withdraw as Attorney Lemuel M. Srolovic by Plaintiffs. (Srolovic, Lemuel) Modified text on 3/24/2011 (ABF). |
Filing 319 NOTICE by Plaintiffs (Notice of Appearance of Bernard A. Weintraub) (Srolovic, Lemuel) Modified text on 3/24/2011 (ABF). |
Filing 318 NOTICE by Plaintiffs (Notice of Appearance of Joanne M. McLaren) (Srolovic, Lemuel) Modified text on 3/24/2011 (ABF). |
Filing 317 NOTICE to Take Deposition of Stephen K. Renzo as Next Friend of H. R. (Minor); Cortney Bryson as Next Friend of A. B. (Minor); Julius J. Krupp as Next Friend of B. A. K. (Minor); Terri Gough as Next Friend of L. G. (Minor); and Elisha L. Hall as Next Friend of S. S. H. (Minor) by Tennessee Valley Authority.(Chase, James) |
Filing 316 NOTICE to Take Deposition of Miguel Velazquez, Sybil Ball, Danny Hawn, Morris Marlow, and Pamela Phillips by Tennessee Valley Authority.(Chase, James) |
Filing 315 NOTICE to Take Deposition of John Allen, Jr., Charles Phillips, Sherrie Allen, Katrina Poland, and Teresa Harmon by Tennessee Valley Authority.(Chase, James) |
Filing 314 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #260 Notice to Take Deposition as to Clay Davis. (Chase, James) |
Filing 313 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #271 Notice to Take Deposition as to Michael McPeters. (Chase, James) |
Filing 312 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #259 Notice to Take Deposition as to Susan Hay. (Chase, James) |
Filing 323 MOTION for Joanne McLaren to Appear Pro Hac Vice (Filing fee $ 60 PAID, Receipt #K3015701.) by. (Attachments: #1 Certificate of Good Standing from the USDC Southern District of New York)(ABF) |
Filing 311 MEMORANDUM AND ORDER granting TVA's #255 Motion for Summary Judgment and Plaintiff Renee Breiner is DISMISSED as a plaintiff in this action. Signed by District Judge Thomas A Varlan on 3/22/11. (ABF) |
Filing 310 ORDER granting Plaintiff Sara Luecke's #294 Motion to Withdraw Admission that she "does not claim or seek to recover damages for fear and mental anguish arising from an increased risk of future illness, i.e., emotional distress". Signed by Magistrate Judge H Bruce Guyton on 3/22/11. (ABF) |
Filing 309 STIPULATION of Dismissal Party (Joint Stipulation of Dismissal of Plaintiff Donnie L. Griffis, Without Prejudice) by Donnie W Griffis, Tennessee Valley Authority. (Srolovic, Lemuel) |
Filing 308 STIPULATION of Dismissal Party (Joint Stipulation of Dismissal of Plaintiff Cherrie L. Davis, Without Prejudice) by Cherrie L Davis, Tennessee Valley Authority. (Srolovic, Lemuel) |
Filing 307 STIPULATION re #287 MOTION to Dismiss Plaintiff Jeremy Bivens Without Prejudice (Joint Stipulation of Dismissal of Plaintiff Jeremy Bivens, Without Prejudice by Jeremy Bivens, Tennessee Valley Authority. (Srolovic, Lemuel) |
Filing 306 RESPONSE to Motion re #283 MOTION to Dismiss Medical Claims of 53 Plaintiffs Without Prejudice (Plaintiffs' Brief in Opposition to TVA's Motion to Dismiss, Without Prejudice, Medical Claims of 53 Plaintiffs, with Attached Declaration of Lemuel M. Srolovic, dated March 19, 2011, wich Exhibits A through D) filed by Sherry Adamczyk, Barbara D Agee, James A Agee, II, James A Agee, Christopher Agne, Imogene Agne, Hailey E Allen, Jeffrey C Allen, Jessica R Allen, John W Allen, Jr, Jonathan R Allen, Raymond L Allen, Sherrie L Allen, Jackie Armes, Jr, Jackie H Armes, Sr, Anita Auchard(individually), Anita Auchard, Kristi Baker(individually), Kristi Baker, Sybil Ball, Freank Balzer, Patricia Balzer, Elaine Barnes, Jim Barnes, Rick A Barrett, Janie Beasley, John Beasley, Brian T Beaty, Tracy A Beaty, Jonathan W Bennett, Jeremy Bivens, Sandra Blair, Beverly Boling, Jimmy L Boling, Blaine Botkin, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Amy Brandon, Diane J Breiner, Fred J Breiner, Lance W Brimble, Sharon L Brock, Sandra G Brown, Vince Brown, Charles R Brumley, Jeffrey Bryant, Alexis Bryson, Cortney Bryson, Andy Bullens, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Charles Cates, Joyce Cates, Buffy K Clark(Individually), Buffy K Clark, Rebecca L Clark, William C Clark, Mitchel L Coffey, Sherry Coffey, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Catherine T Cowan, Ronald W Cowan, Justin K Cox, Joan-Marie Cummins, Jody Cummins, Glenn K Daniel, Shirley M Daniel, Christopher Daulton(Individually), Christopher Daulton, Melissa Daulton, Cherrie L Davis, Clay Davis, Jr, Clint Davis(Individually), Clint Davis, Pamela Day, Larry D Dorlan, Robert M Doss, Jacqui L Doughty, Pat Doughty, Scott L Doughty(Individually), Scott L Doughty, Deborah L Driggers, Brenda Duncan, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Candi Easter, Thomas Ebert, Roger C Eckstrom, Shirley E Eckstrom, Doris S Edwards, Nancy Engman, Paul Engman, Robert J Eubanks, Adelania Ferrante, Joseph Ferrante, Judy M Forrester, Thomas J Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, James D Freeman, George B Fulton, MaryAnn E Fulton, Bob Gajewski, Janet Gajewski, Sharon Galloway, Elisa Gastineau, Michael Gastineau, Christina Giles, Christina Giles(Individually), Kurt Giles, Rachel Gillow, Patrick Gough, Terri Gough, Terri Gough(Individually), William Gough, Christine J Griffis, Donnie W Griffis, David Grunwell, Kathy Grunwell, Fred Guinn, Fred Guinn(Individually), Elisha Hall(Individually), Elisha Hall, Ellis R Hamby, Jonathan D Hamilton, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison, Matthew S Harrison(Individually), Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Penny Lou Hill, Tami Hines-Williams(Individually), Tami Hines-Williams, Delayne G Hooks(Individually), Delayne G Hooks, Ken R Hooks, Greg Hoskins, Kelly Hoskins, Paul J Houlihan, Theresa A Houlihan, Susan Hutchinson, Kelly Jackson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Joe Kartch, Merry C Kartch, Greg Keskey, Fontaine B King, Donna Kirby, William P Kirby, Dianna D Krupp, Julius J Krupp, Jr, Julius J Krupp, Jr, Angela D Ladd, Beth Ladd, Brenda F Ladd, Dustin B Ladd, Opal I Ladd, Randel E Ladd, Joe C Lively, Marietha B Lively, Sheral D Lively, Teresa Lively, Travis Lively, Debra D Lowery, Twilight Loy, Glen Luecke, Sara Luecke, Christopher Luffman(Individually), Christopher Luffman, Morris Marlow, Barbara Marshall, Herbert M Marshall, Kelly McCulley, Kevin R McCulley, Alice McDowell, Justin W McKamey, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Angela L Melton, Jackie Melton, Carole A Michaels, Charli Michaels(Individually), Charli Michaels, Chad Miles, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Judith Nelson, Loren Nelson, Paul Nuckols, Paul Nuckols(Individually), Gerald Oakerson, Carol Ott, Robert Ott, Patricia Pankey, Thyrone Pankey, Dianne U Payne, James R Payne, Donna L Pendasulo, John Pendasulo, Erik M Perez, Tony Perez, Charles L Phillips, Pamela J Phillips, Heather Poland, Joshua Poland, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Charles W Ratledge, Linda Ratledge, David Redd, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Mark Riner, Patricia L Roberts, Steven R Roberts, Bonnie Robertson, Ora Robertson, Gary Rolen, Micah L Rusinek, Stanley R Rusinek, Mitchel Rutherford, James Ryan, Holly Schean, Holly Schean(Individually), Geraldine Seiber, Holly A Seiber, Howard Sheldon, Joan H Sheldon, Cynthia D Shillings, Marilyn Shillings, Mary E Simmon, A Ray Simon, Kathleen Simpson, Ricky Simpson, Carol A Smith, Judy K Smith, Paul Smith, Paul M Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Jamie Standridge, Alfred D Steimel, Sylvia A Steimel, Brandy Stepp, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Jimmy D Stout, Rhonda F Stout, Peter M Stresen-Reuter, James - Summers, Justin D Tapp, Tina Tarter(Individually), Tina Tarter, Gary D Thomas, Dennis A Tollefson, Laurie Tollefson, Leanna Townsend, Pamela Tredway, Seth Tredway, Robert Trimmer, Miguel Velazquez, Thomas E Vereb, Wendy F Vereb, Brian Walker, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, David E Wilder, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Michael Y Wollerman, Barry D Wright, Steven Wright, Martha B Young, Robert D Young, Deborah A Zeckser. (Attachments: #1 Affidavit Declaration of Lemuel M. Srolovic, dated March 19, 2011, with Exhibits A through D)(Srolovic, Lemuel) |
Filing 305 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #258 Notice to Take Deposition as to Crystal White. (Chase, James) |
Filing 304 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #258 Notice to Take Deposition as to Kelly Hoskins. (Chase, James) |
Filing 303 REPLY to Response to Motion re #250 MOTION for Summary Judgment With Respect to the Medical Claims Alleged on Behalf of One Hundred Twenty-Four Plaintiffs filed by Tennessee Valley Authority. (Attachments: #1 Listing of 110 Auchard Plaintiffs Not Claiming Personal Injury, Emotional Distress, or Medical Monitoring)(Chase, James) |
Filing 302 RESPONSE to Motion re #294 Cross MOTION to Withdraw An Admission by Sara Luecke filed by Tennessee Valley Authority. (Chase, James) |
Filing 301 REPLY to Response to Motion re #255 MOTION for Summary Judgment as to Plaintiff Renee Breiner for Lack of Standing filed by Tennessee Valley Authority. (Ayliffe, David) |
Filing 300 NOTICE to Take Deposition of Adelania Ferrante, as Next Friend to A. F., Minor; Matthew S. Harrison as Next Friend to J. R. H., Minor; Micah L. Rusinek as Next Friend to H. R., Minor; M. C. S., Minor; and C. M. W., Minor by Tennessee Valley Authority.(Chase, James) |
Filing 299 NOTICE to Take Deposition of Patricia Roberts, De'Lano Williams, Pamela Hampton, James Summers, and David Botkin by Tennessee Valley Authority.(Chase, James) |
Filing 298 NOTICE to Take Deposition of Christopher Agne, John Beasley, Steven Hay, Judy Forrester, and Earnestine Johnson by Tennessee Valley Authority.(Chase, James) |
Filing 297 RESPONSE to Motion re #265 MOTION to Dismiss for Lack of Prosecution Without Prejudice Plaintiffs Greg Hoskins, Jessica Johnson, and Cynthia Shillings by Plaintiffs. (Srolovic, Lemuel) |
Filing 296 ORDER TO SHOW CAUSE: Plaintiffs are ORDERED to show cause in writing within 7 days of the entry of this order why the pending motion to dismiss #265 should not be granted and this case dismissed for failure to prosecute. Signed by District Judge Thomas A Varlan on 3/10/11. (ABF) |
Filing 295 RESPONSE in Opposition re #250 MOTION for Summary Judgment With Respect to the Medical Claims Alleged on Behalf of One Hundred Twenty-Four Plaintiffs and in Support of Plaintiff Sara Luecke's Cross-Motion #294 to Withdraw an Admission filed by Plaintiffs. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Attachment 7, #8 Attachment 8)(Srolovic, Lemuel) Modified text on 3/8/2011 (ABF). |
Filing 294 Cross MOTION to Withdraw An Admission by Sara Luecke. (Srolovic, Lemuel) |
Filing 293 NOTICE to Take Deposition of L. R. J., Minor; C. J. K., Minor; Fred Breiner as Next Friend of A. B., Minor; H. A., Minor; and Tina S. Snow as Next Friend of H. B. S., Minor by Tennessee Valley Authority.(Chase, James) |
Filing 292 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #253 Notice to Take Deposition as to Angela Ladd. (Chase, James) |
Filing 291 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #253 Notice to Take Deposition as to Dianna Krupp. (Chase, James) |
Filing 290 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #283 MOTION to Dismiss Medical Claims of 53 Plaintiffs Without Prejudice [283-1] Attachment #(1) List of 53 Plaintiffs Proposed for Dismissal. (Chase, James) |
Filing 289 RESPONSE in Opposition re #255 MOTION for Summary Judgment as to Plaintiff Renee Breiner for Lack of Standing filed by Plaintiffs. (Srolovic, Lemuel) Modified text on 3/7/2011 (ABF). |
Filing 288 MEMORANDUM in Support of Motion re #287 MOTION to Dismiss Plaintiff Jeremy Bivens Without Prejudice filed by Tennessee Valley Authority. (Attachments: #1 Elisha Hall Deposition Excerpts, #2 Jeremy Bivens Discovery Responses, #3 October 27, 2010 Email - Abato to Chase, #4 January 11, 2011 Email - Abato to Chase, #5 January 27, 2011 Email - Chase to Srolovic)(Chase, James) |
Filing 287 MOTION to Dismiss Plaintiff Jeremy Bivens Without Prejudice by Tennessee Valley Authority. (Chase, James) |
Filing 286 NOTICE to Take Deposition of Debra Byrd, Jackie Armes, Sr., Christine Griffis, Clint Davis, and Ricky Simpson by Tennessee Valley Authority.(Chase, James) |
Filing 285 NOTICE to Take Deposition of Pamela Day, Pennie Wicks-Pelfrey, Michael White, Frankie Hawn, and Dwayne Wilds by Tennessee Valley Authority.(Chase, James) |
Filing 284 MEMORANDUM in Support of Motion re #283 MOTION to Dismiss Medical Claims of 53 Plaintiffs Without Prejudice filed by Tennessee Valley Authority. (Attachments: #1 Mitchell Discovery Responses, #2 Mitchell Supplemental Rule 26 Disclosures, #3 Seiber Deposition Excerpts, #4 Hall Deposition Excerpts, #5 Hall Discovery Responses, #6 Hall Supplemental Rule 26 Disclosures)(Chase, James) |
Filing 283 MOTION to Dismiss Medical Claims of 53 Plaintiffs Without Prejudice by Tennessee Valley Authority. (Attachments: #1 List of 53 Plaintiffs Proposed for Dismissal)(Chase, James) |
Filing 282 ORDER granting Plaintiffs' #279 Motion for Extension of Time to File Response to TVA's Motion for Summary Judgment. Plaintiffs shall have a one week extension of time to respond. Signed by District Judge Thomas A Varlan on 2/28/11. (C/M) (ABF) |
Filing 281 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #225 Notice to Take Deposition as to Dustin Ladd. (Chase, James) |
Filing 280 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #223 Notice to Take Deposition as to Keith Wicks Pelfrey. (Chase, James) |
Filing 279 Unopposed MOTION for Extension of Time to File Response/Reply as to #250 MOTION for Summary Judgment With Respect to the Medical Claims Alleged on Behalf of One Hundred Twenty-Four Plaintiffs by Plaintiffs. (Srolovic, Lemuel) Modified text on 2/28/2011 (ABF). |
Filing 278 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #235 Notice to Take Deposition as to Elisa Gastineau. (Chase, James) |
Filing 277 ORDER granting #268 #269 Motions for Andrew Watts and Ashley E. Eckerle to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 2/23/11. (C/M along with the ECF Requirement Letter) (ABF) |
Filing 276 STIPULATION of Dismissal of Certain Plaintiffs, Without Prejudice by James A Agee, II, Sandra Blair, Mitchel L Coffey, Sherry Coffey, William Gough, Alice McDowell, Gary Rolen, Tennessee Valley Authority, Robert Trimmer. (Srolovic, Lemuel) |
Filing 275 STIPULATION of Dismissal of Plaintiff Sylvia Steimel, Without Prejudice by Sylvia A Steimel, Tennessee Valley Authority. (Srolovic, Lemuel) |
Filing 274 STIPULATION of Dismissal of Plaintiff Blaine Botkin, With Prejudice by Blaine Botkin, Tennessee Valley Authority. (Srolovic, Lemuel) |
Filing 273 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #201 Notice to Take Deposition as to Paul Engman. (Chase, James) |
Filing 272 NOTICE to Take Deposition of Janie Beasley, Susan Botkin, Cherrie Davis, Buffy Clark, and Charles Hampton by Tennessee Valley Authority.(Chase, James) |
Filing 271 NOTICE to Take Deposition of Debra Lowery, Michael McPeters, Tony Perez, David Wilder, and William Kirby by Tennessee Valley Authority.(Chase, James) |
Filing 270 ORDER granting Plaintiffs' #267 Motion for David Veazey to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 2/17/11. (C/M along with the ECF Requirement Letter to all non-electronic filers) (ABF) Modified text on 2/17/2011 (ABF). |
Filing 269 MOTION for Ashley E. Eckerle to Appear Pro Hac Vice (PENDING ADMISSION; NO FEE REQUIRED) by Plaintiffs w/ certificate of good standing from the Clerk of the Tennessee Supreme Court attached. (ABF) |
Filing 268 MOTION for Andrew D. Watts to Appear Pro Hac Vice (PENDING ADMISSION; NO FEE REQUIRED) by Plaintiffs w/ certificate of good standing from the Clerk of the Supreme Court of TN attached. (ABF) |
Filing 267 MOTION for David C. Veazey to Appear Pro Hac Vice by Plaintiffs. (PENDING ADMISSION; NO FEE REQUIRED) (Attachments: #1 Certificate of Good Standing from the Supreme Court of the State of TN)(ABF) |
Filing 266 MEMORANDUM in Support of Motion re #265 MOTION to Dismiss for Lack of Prosecution Without Prejudice Plaintiffs Greg Hoskins, Jessica Johnson, and Cynthia Shillings filed by Tennessee Valley Authority. (Attachments: #1 Steimel's Discovery Responses, #2 1.24.11 Chase Letter to Srolovic, #3 2.4.11 Srolovic Email to Chase, #4 Transcripts of Shillings, Johnson, and Hoskins Non-Appearance at Depositions)(Chase, James) |
Filing 265 MOTION to Dismiss for Lack of Prosecution Without Prejudice Plaintiffs Greg Hoskins, Jessica Johnson, and Cynthia Shillings by Tennessee Valley Authority. (Chase, James) |
Filing 264 STIPULATION of Dismissal of Plaintiffs Shirley M. Daniel and Alfred D. Steimel, Without Prejudice by Alfred D Steimel, Shirley M. Daniel, Tennessee Valley Authority. (Srolovic, Lemuel) Modified party filer on 2/14/2011 (ABF). |
Filing 263 SUBPOENA Returned Executed as to West Town Realty on February 4, 2011 (Ayliffe, David) |
Filing 262 SUBPOENA Returned Executed as to W. Walter Goolsby on February 4, 2011 (Chase, James) |
Filing 261 SUBPOENA Returned Executed as to Robert W. Wilkinson on February 7, 2011 (Chase, James) |
Filing 260 NOTICE to Take Deposition of Clay Davis, Holly Schean, Sherry Johnson, Elizabeth Bradford, and Bruce Renzo by Tennessee Valley Authority.(Chase, James) |
Filing 259 NOTICE to Take Deposition of Kathleen Simpson, Donnie Griffis, Orville Wann, Susan Hay, and Judy Nelson by Tennessee Valley Authority.(Chase, James) |
Filing 258 NOTICE to Take Deposition of Kelly Hoskins, Richard Snow, Ron Duncan, Christine Sosnowicz, and Crystal White by Tennessee Valley Authority.(Chase, James) |
Filing 257 NOTICE to Take Deposition of Joan Sheldon, Stephen Renzo, Betty Foy, and Stanley Rusinek by Tennessee Valley Authority.(Chase, James) |
Filing 256 MEMORANDUM in Support of Motion re #255 MOTION for Summary Judgment as to Plaintiff Renee Breiner for Lack of Standing filed by Tennessee Valley Authority. (Attachments: #1 Renee Breiner Deposition Excerpts, #2 Fred Breiner Deposition Excerpts)(Ayliffe, David) |
Filing 255 MOTION for Summary Judgment as to Plaintiff Renee Breiner for Lack of Standing by Tennessee Valley Authority. (Ayliffe, David) |
Filing 254 NOTICE to Take Deposition of Tereina Webb, Holly Seiber, Brenna Reed, Kent Francis, and Sara Luecke by Tennessee Valley Authority.(Chase, James) |
Filing 253 NOTICE to Take Deposition of Dianna Krupp, Donna Kirby, Angela Ladd, Elaine Barnes, and Paul Houlihan by Tennessee Valley Authority.(Chase, James) |
Filing 252 NOTICE to Take Deposition of Robert Trimmer, Joshua Poland, Gisela Condon, Pamela Tredway, and Tiffany Johnson by Tennessee Valley Authority.(Chase, James) |
Filing 251 MEMORANDUM in Support of Motion re #250 MOTION for Summary Judgment With Respect to the Medical Claims Alleged on Behalf of One Hundred Twenty-Four Plaintiffs filed by Tennessee Valley Authority. (Attachments: #1 Sheldon Discovery, #2 Beaty Discovery, #3 Beaty Deposition Excerpt, #4 1/17/11 Chase Letter to Srolovic, #5 1/28/11 - 1/30/11 Chase and Srolovic Email Exchange, #6 Claims Spreadsheet - FINAL [redacted])(Chase, James) |
Filing 250 MOTION for Summary Judgment With Respect to the Medical Claims Alleged on Behalf of One Hundred Twenty-Four Plaintiffs by Tennessee Valley Authority. (Attachments: #1 Listing of Auchard Plaintiffs Not Claiming Personal Injury, Emotional Distress, or Medical Monitoring)(Chase, James) |
Filing 249 [PDF Deleted; doc filed in wrong case] SUBPOENA Returned Executed as to J. Fred Heitman on February 2, 2011 (Ayliffe, David) Modified on 2/3/2011 (ABF). |
Filing 248 [PDF Deleted; doc filed in wrong case] SUBPOENA Returned Executed as to J. Fred Heitman as Registered Agent for American Aquatics, Inc. on February 2, 2011 (Ayliffe, David) Modified on 2/3/2011 (ABF). |
Filing 247 NOTICE by Tennessee Valley Authority of Issuance of Subpoena (Ayliffe, David) |
Filing 246 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #215 Notice to Take Deposition as to Howard Sheldon. (Chase, James) |
Filing 245 MEMORANDUM AND ORDER denying #195 Motion to Establish Bellwethers. Signed by Magistrate Judge H Bruce Guyton on 2/1/2011. (MGM) |
Filing 244 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #216 Notice to Take Deposition as to Lea Duncan. (Chase, James) |
Filing 243 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #215 Notice to Take Deposition as to Loren Nelson. (Chase, James) |
Filing 242 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #216 Notice to Take Deposition as to Sandra Blair. (Chase, James) |
Filing 241 MEMORANDUM in Support of Motion re #240 MOTION for Summary Judgment on the Claims of Blaine Botkin on Grounds of Judicial Estoppel filed by Tennessee Valley Authority. (Attachments: #1 Exhibit 1, Voluntary Petition in Bankruptcy, #2 Exhibit 2, Schedule B to Bankruptcy Petition, #3 Exhibit 3, Declaration Concerning Debtor's Schedules, #4 Exhibit 4, Statement of Financial Affairs, #5 Exhibit 5, Order of Discharge of Debtor)(Marquand, Brent) |
Filing 240 MOTION for Summary Judgment on the Claims of Blaine Botkin on Grounds of Judicial Estoppel by Tennessee Valley Authority. (Marquand, Brent) |
Filing 239 NOTICE by Tennessee Valley Authority of Issuance of Subpoena (Ayliffe, David) |
Filing 238 NOTICE by Tennessee Valley Authority of Issuance of Subpoena (Ayliffe, David) |
Filing 237 NOTICE to Take Deposition of Cortney Bryson, Patrick Gough, Sharon Wheeler, William Snyder, and Martha Young by Tennessee Valley Authority.(Chase, James) |
Filing 236 NOTICE to Take Deposition of Diane Payne, Brenda Ladd, Mary Prince, Denise Sorensen, and Blaine Botkin by Tennessee Valley Authority.(Chase, James) |
Filing 235 NOTICE to Take Deposition of Rebecca Conway, Joseph Ferrante, Elisa Gastineau, and Maryann Fulton by Tennessee Valley Authority.(Chase, James) |
Filing 234 NOTICE to Take Deposition of Paul M. Smith, Carly Harrison, Bonnie Robertson, and Herbert Marshall by Tennessee Valley Authority.(Chase, James) |
Filing 233 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #226 Notice to Take Deposition as to Luke Duncan. (Chase, James) |
Filing 232 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #231 Notice to Take Deposition as to Wendy Vereb. (Chase, James) |
Filing 231 NOTICE to Take Deposition of Wendy Vereb, Jeremy Bivens, William Botkin, James Agee II, and Lance Brimble by Tennessee Valley Authority.(Chase, James) |
Filing 230 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #213 Notice to Take Deposition as to Justin Snow and Kyle Gough. (Chase, James) |
Filing 229 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #214 Notice to Take Deposition as to Renee Breiner. (Chase, James) |
Filing 228 NOTICE to Take Deposition of Geraldine Seiber, Brian Beaty, and Sandra Brown by Tennessee Valley Authority.(Chase, James) |
Filing 227 SUGGESTION OF DEATH Upon the Record as to Sylvia Steimel by Tennessee Valley Authority. (Attachments: #1 Obituary of Sylvia Steimel)(Small, Edwin) |
Filing 226 NOTICE to Take Deposition of James Burnette, Shirley Daniel, Samara Duncan, Rebecca Clark, and Luke Duncan by Tennessee Valley Authority.(Chase, James) |
Filing 225 NOTICE to Take Deposition of Diane Breiner, Alfred Steimel, Dustin Ladd, Daniel Botkin, and Patricia Galvan-Balzer by Tennessee Valley Authority.(Chase, James) |
Filing 224 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #214 Notice to Take Deposition as to Sherry Coffey. (Chase, James) |
Filing 223 NOTICE to Take Deposition of Alice McDowell, Marilyn Mitchell, Micah Rusinek, Keith Wicks-Pelfrey, and Harry Sosnowicz by Tennessee Valley Authority.(Chase, James) |
Filing 222 NOTICE to Take Deposition of Cynthia Shillings, Tina Snow, Jessica Johnson, Greg Hoskins, and Elisha Hall by Tennessee Valley Authority.(Chase, James) |
Filing 221 STIPULATION of Dismissal of Plaintiff Paul Nuckols, Without Prejudice by Paul Nuckols, Paul Nuckols(Individually), Tennessee Valley Authority. (Srolovic, Lemuel) |
Filing 220 STIPULATION of Dismissal of Plaintiff Glenn K. Daniel, Without Prejudice by Glenn K Daniel, Tennessee Valley Authority. (Srolovic, Lemuel) |
Filing 219 NOTICE to Take Deposition of William Gough by Tennessee Valley Authority.(Chase, James) |
Filing 218 STIPULATION Regarding Extension of Time for Plaintiffs to Produce Records Responsive to TVA's Discovery Requests by Tennessee Valley Authority. (Attachments: #1 List identifying Documents in Process Plaintiffs, #2 List identifying No Documents Produced Plaintiffs, #3 List identifying Property Document Plaintiffs)(Chase, James) |
Filing 217 ORDER finding that the Plaintiffs #205 Motion for an Expedited Protective Order is not well-taken, and it is DENIED. Plaintiffs request that the depositions of Lance Brimble (set for January 11, 2011), Wendy Vereb (set for January 14, 2011), and William Botkin (set for January 13, 2011) be reset will be GRANTED. These depositions SHALL be rescheduled to take place in February2, 2011. The parties SHALL CONFER in good faith and use their best efforts to reset the depositions noticed for the period between the filing of the Plaintiffs motion and the date of the entry of this order. These depositions SHALL be reset to take place as soon as possible. Signed by Magistrate Judge H Bruce Guyton on 1/12/11. (MGM) |
Filing 216 NOTICE to Take Deposition of Jamie Standridge, Brandy Stepp, Sandra Blair, Emily Francis, and Lea Duncan by Tennessee Valley Authority.(Chase, James) |
Filing 215 NOTICE to Take Deposition of Andy Bullens, Charles Brumley, Loren Nelson, Heather Poland, and Howard Sheldon by Tennessee Valley Authority.(Chase, James) |
Filing 214 NOTICE to Take Deposition of Sherry Coffey, Sylvia Steimel, Renee Breiner, Susan Hutchinson, and Paul Houlihan by Tennessee Valley Authority.(Chase, James) |
Filing 213 NOTICE to Take Deposition of Holly Seiber, Deborah Stiles, Justin Snow, Kyle Gough, and Donna Kirby by Tennessee Valley Authority.(Chase, James) |
Filing 212 REPLY to Response to Motion re #195 MOTION TO ESTABLISH BELLWETHERS FOR THE SEPTEMBER 2011 TRIAL AND TO LIMIT FURTHER PLAINTIFF-SPECIFIC DISCOVERY AND EXPERT WITNESS DISCLOSURES TO A CORRESPONDING POOL OF POTENTIAL BELLWETHER PLAINTIFFS filed by Plaintiffs. (Srolovic, Lemuel) Modified text on 1/11/2011 (ABF). |
Filing 211 DECLARATION OF ABIGAIL BARNES IN SUPPORT OF REPLY to Response to Motion re #195 MOTION TO ESTABLISH BELLWETHERS FOR THE SEPTEMBER 2011 TRIAL AND TO LIMIT FURTHER PLAINTIFF-SPECIFIC DISCOVERY AND EXPERT WITNESS DISCLOSURES TO A CORRESPONDING POOL OF POTENTIAL BELLWETHER PLAINTIFFS filed by Plaintiffs. (Srolovic, Lemuel) Modified text on 1/11/2011 (ABF). |
Filing 210 STIPULATION of Dismissal of Plaintiffs Jimmy L. Boling and Beverly Boling, Without Prejudice by Beverly Boling, Jimmy L Boling, Tennessee Valley Authority. (Srolovic, Lemuel) |
Filing 209 REPLY to Response to Motion re #205 Expedited MOTION for Protective Order Staying Further Plaintiff Depositions Pending Determination of Motion to Establish Bellwethers filed by Plaintiffs. (Srolovic, Lemuel) Modified text on 1/11/2011 (ABF). |
Filing 208 DECLARATION OF LEMUEL M. SROLOVIC in SUPPORT OF REPLY to Response to Motion re #205 Expedited MOTION for Protective Order Staying Further Plaintiff Depositions Pending Determination of Motion to Establish Bellwethers filed by Plaintiffs. (Srolovic, Lemuel) Modified text on 1/11/2011 (ABF). |
Filing 207 RESPONSE in Opposition re #205 Expedited MOTION for Protective Order Staying Further Plaintiff Depositions Pending Determination of Motion to Establish Bellwethers filed by Tennessee Valley Authority. (Attachments: #1 August 18, 2010 - Letter from Chase to Srolovic, #2 December 9, 2010 - Email from Chase to Srolovic, #3 December 20, 2010 - Email Chain Between Chase and Srolovic, #4 December 13, 2010 - Email from Chase to Srolovic)(Chase, James) |
Filing 206 ORDER REFERRING MOTION: #205 Expedited MOTION for Protective Order Staying Further Plaintiff Depositions Pending Determination of Motion to Establish Bellwethers filed by Plaintiffs referred to the Honorable H. Bruce Guyton, USMJ.Signed by District Judge Thomas A Varlan on 1/6/11. (ABF) |
Filing 205 Expedited MOTION for Protective Order Staying Further Plaintiff Depositions Pending Determination of Motion to Establish Bellwethers by Plaintiffs. (Srolovic, Lemuel) Modified text on 1/5/2011 (ABF). |
Filing 204 SUPPLEMENT to #203 Response in Opposition to Motion,,, by Tennessee Valley Authority. (Attachments: #1 Excerpt from Sandra Burnette's Responses and Objections to Defendant TVA's First Set of Interrogatories)(Small, Edwin) |
Filing 203 RESPONSE in Opposition re #195 MOTION TO ESTABLISH BELLWETHERS FOR THE SEPTEMBER 2011 TRIAL AND TO LIMIT FURTHER PLAINTIFF-SPECIFIC DISCOVERY AND EXPERT WITNESS DISCLOSURES TO A CORRESPONDING POOL OF POTENTIAL BELLWETHER PLAINTIFFS filed by Tennessee Valley Authority. (Attachments: #1 Conway Deposition Excerpt (1, 13, 14), #2 Ladd Deposition Excerpt (1, 25, 26), #3 Webb Deposition Excerpt (1, 91, 92), #4 Harmon Deposition Excerpt (1, 35, 36, 37), #5 Gough Deposition Excerpt (1, 29, 30), #6 Disclosure Regarding Non-Economic Damages as to Auchard Plaintiffs, #7 Michaels Objections and Responses to Interrogatories Regarding Trespass and Nuisance Claims (1, 6, 7, 8), #8 Byrd Deposition Excerpts (1, 97, 98), #9 Kartch Rule 26 Disclosure (1, 2, 3), #10 McKinney Third Supplemental Rule 26 Disclosure (1, 6, 7))(Small, Edwin) |
Filing 202 NOTICE to Take Deposition of Paul Nuckols, Kelvin Poland, Joel Prince, and Demond Reed by Tennessee Valley Authority.(Chase, James) |
Filing 201 NOTICE to Take Deposition of Kevin Daniel, Paul Engman, Michael Foy, and Joe Kartch by Tennessee Valley Authority.(Chase, James) |
Filing 200 NOTICE to Take Deposition of James Agee II, Jim Barnes, Jeremy Bivens, William Botkin, and James Condon by Tennessee Valley Authority.(Chase, James) |
Filing 199 NOTICE to Take Deposition of Jimmy Boling, Lance Brimble, Joseph Cummins, Gary Rolen, and Wendy Vereb by Tennessee Valley Authority.(Chase, James) |
Filing 198 STIPULATION OF DISMISSAL OF PLAINTIFFS CHARLES RATLEDGE, LINDA RATLEDGE, AND MINOR T. L., WITHOUT PREJUDICE (Srolovic, Lemuel) Modified on text on 12/16/2010 (KMK) |
Filing 197 ORDER REFERRING MOTION: #195 MOTION TO ESTABLISH BELLWETHERS FOR THE SEPTEMBER 2011 TRIAL AND TO LIMIT FURTHER PLAINTIFF-SPECIFIC DISCOVERY AND EXPERT WITNESS DISCLOSURES TO A CORRESPONDING POOL OF POTENTIAL BELLWETHER PLAINTIFFS filed by Plaintiffs referred to the Honorable H. Bruce Guyton, USMJ.Signed by District Judge Thomas A Varlan on 12/15/10. (ABF) |
Filing 196 MEMORANDUM in Support of Motion re #195 MOTION TO ESTABLISH BELLWETHERS FOR THE SEPTEMBER 2011 TRIAL AND TO LIMIT FURTHER PLAINTIFF-SPECIFIC DISCOVERY AND EXPERT WITNESS DISCLOSURES TO A CORRESPONDING POOL OF POTENTIAL BELLWETHER PLAINTIFFS filed by Plaintiffs. (Srolovic, Lemuel) Modified text on 12/14/2010 (ABF). |
Filing 195 MOTION TO ESTABLISH BELLWETHERS FOR THE SEPTEMBER 2011 TRIAL AND TO LIMIT FURTHER PLAINTIFF-SPECIFIC DISCOVERY AND EXPERT WITNESS DISCLOSURES TO A CORRESPONDING POOL OF POTENTIAL BELLWETHER PLAINTIFFS by Plaintiffs. (Srolovic, Lemuel) Modified text on 12/14/2010 (ABF). |
Filing 194 STIPULATION of Dismissal of Plaintiffs Twilight Loy, Christopher Luffman, and minors C.L. and Z.L., without prejudice by Twilight Loy, Christopher Luffman(Individually), Christopher Luffman, Tennessee Valley Authority. (Srolovic, Lemuel) |
Filing 193 STIPULATION OF DISMISSAL OF PLAINTIFFS THYRONE PANKEY, PATRICIA PANKEY, AND DAVID REDD, WITHOUT PREJUDICE by Patricia Pankey, Thyrone Pankey, David Redd. (Srolovic, Lemuel) |
Filing 192 REPLY to Response to Motion re #160 MOTION for Summary Judgment on Plaintiffs' Tort and Inverse Condemnation Claims on Grounds of No Causation filed by Tennessee Valley Authority. (Small, Edwin) |
Filing 191 ORDER granting TVA's Unoppposed #182 Motion to Dismiss Fourteen Non-responsive Plaintiffs Without Prejudice.. Signed by District Judge Thomas A Varlan on 11/30/10. (ABF) |
Filing 190 ORDER granting (284) Motion for Leave to File Excess Pages. TVA is DIRECTED to file the attached proposed reply brief as its reply brief to plaintiffs' consolidated response brief. Signed by District Judge Thomas A Varlan on 11/30/10. (ABF) |
Filing 189 NOTICE to Take Deposition of Karen Renzo, Jackie Boyd, Susan Wann, Patricia Pankey, Twilight Loy by Tennessee Valley Authority.(Chase, James) |
Filing 188 MOTION for Leave to File Excess Pages for Reply Brief in Support of TVA's Motion for Summary Judgment on Plaintiffs' Tort and Inverse Condemnation Claims on Grounds of No Causation by Tennessee Valley Authority. (Attachments: #1 TVA's Reply Brief)(Small, Edwin) |
Filing 187 AFFIDAVIT in Support re #160 MOTION for Summary Judgment on Plaintiffs' Tort and Inverse Condemnation Claims on Grounds of No Causation by Rebecca Coffey filed by Tennessee Valley Authority. (Attachments: #1 Dust Control Plan - February 2009, #2 Dust Control Plan - August 2009, #3 Dust Control Plan - July 2010, #4 Revised Dredging Plan - July 2009)(Small, Edwin) |
Filing 186 AFFIDAVIT in Support re #160 MOTION for Summary Judgment on Plaintiffs' Tort and Inverse Condemnation Claims on Grounds of No Causation by Cassandra L. Wylie filed by Tennessee Valley Authority. (Attachments: #1 Graph of Swan Pond Data Set)(Small, Edwin) |
Filing 185 STIPULATION re #182 Unopposed MOTION to Dismiss Fourteen Nonresponsive Plaintiffs Without Prejudice (JOINT STIPULATION REGARDING TVAS UNOPPOSED MOTION TO DISMISS NONRESPONSIVE PLAINTIFFS WITHOUT PREJUDICE) by David Redd, Tennessee Valley Authority. (Srolovic, Lemuel) |
Filing 184 NOTICE to Take Deposition of Charles Brumley, James Payne, Thomas Vereb, Vincent Brown, Glen Luecke by Tennessee Valley Authority.(Chase, James) |
Filing 183 MEMORANDUM in Support of Motion re #182 Unopposed MOTION to Dismiss Fourteen Nonresponsive Plaintiffs Without Prejudice filed by Tennessee Valley Authority. (Attachments: #1 TVA's written discovery to Plaintiffs, #2 Letter from Plts' counsel requesting discovery extension, #3 Email exchange between counsel re discovery extension, #4 Email exchange between counsel re Nonresponsive Plaintiffs, #5 Email from Plts' counsel identifying Nonresponsive Plaintiffs)(Chase, James) |
Filing 182 Unopposed MOTION to Dismiss Fourteen Nonresponsive Plaintiffs Without Prejudice by Tennessee Valley Authority. (Attachments: #1 List of Fourteen Nonresponsive Plaintiffs)(Chase, James) |
Filing 181 MOTION for Bernard Weintraub to Appear Pro Hac Vice (Filing fee $ 60 PAID; Receipt #K3014699.) by plaintiffs. (Attachments: #1 Supreme Court of New York Certificate of Good Standing, #2 USDC New Jersey Certificate of Good Standing)(ABF) |
Filing 180 STIPULATION of Dismissal party (plaintiffs Robert Ott and Carol Ott) by Carol Ott, Robert Ott. (Srolovic, Lemuel) |
Filing 179 NOTICE to Take Deposition of Kim Harmon, Beth Ladd, Rebecca Conway, Randel Ladd, Wayne Sorensen by Tennessee Valley Authority.(Chase, James) |
Filing 178 NOTICE to Take Deposition of Kelly Jackson, Barbara Marshall, Bill Clark, James Agee, Adelania Ferrante, Ora Robertson, Carol Ott, Beth Ladd by Tennessee Valley Authority.(Chase, James) |
Filing 177 RESPONSE TO LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #171 Local Rule 7.1(d) Supplemental Brief, Local Rule 7.1(d) Supplemental Brief by Tennessee Valley Authority filed by Tennessee Valley Authority. (Attachments: #1 Kilgore Email TVK-000821700, #2 Petty Deposition Excerpts)(Small, Edwin) |
Filing 176 ORDER granting Motion for Leave to File Excess Pages in case.. Signed by District Judge Thomas A Varlan on 11/1/10. (ABF) |
2 Disks which are Exhibits 4 and 7 to the Notice of Filing Exhibits to the Memorandum of Law in Opposition to the Defendant's Motion for Summary Judgment have been received and forwarded to Chambers for review. (ABF) |
Filing 175 NOTICE by Plaintiffs of Adoption of Exhibits re #174 Response in Opposition to Motion, (Srolovic, Lemuel) Modified text on 10/29/2010 (ABF). |
Filing 174 RESPONSE in Opposition re #160 MOTION for Summary Judgment on Plaintiffs' Tort and Inverse Condemnation Claims on Grounds of No Causation, #173 MOTION for Leave to File Excess Pages filed by Plaintiffs. (Srolovic, Lemuel) Modified text on 10/29/2010 (ABF). |
Filing 173 MOTION for Leave to File Excess Pages by Plaintiffs. (Srolovic, Lemuel) Modified text on 10/29/2010 (ABF). |
Filing 172 NOTICE to Take Deposition of Terry McKinney, Audy Byrd, Tracy Beaty, Rick Barrett, Dennis Tollefson by Tennessee Valley Authority.(Chase, James) |
Filing 171 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #128 MOTION for Summary Judgment on Plaintiffs' Tort Claims on the Nondiscretionary Conduct Issue, #169 MOTION for Leave to File Document Under Seal by Plaintiffs (Attachments: #1 Exhibit TVA Counsel's Transmittal Letter and DVD Labels, #2 Exhibit Excerpt From Deposition Transcript of Thomas Kilgore)(Srolovic, Lemuel) Modified docket text on 10/25/2010 (MGM). |
Filing 170 [pdf removed; order #336 denied as moot Motion #169 to Seal] SEALED Proposed Sealed Document re: #169 MOTION for Leave to File Document Under Seal by Plaintiffs. (Srolovic, Lemuel) Modified docket text on 10/25/2010 (MGM). |
Filing 169 MOTION for Leave to File Document Under Seal by Plaintiffs. (Srolovic, Lemuel) Modified docket text on 10/25/2010 (MGM). |
Filing 168 NOTICE to Take Deposition of Patrick Gough, Susan Hay, Michael Gastineau, Jeremy Bivens, James Webb by Tennessee Valley Authority.(Chase, James) |
Filing 167 NOTICE to Take Deposition of Frank and Patty Balzer, Robert and Martha Young, Fred and Diane Breiner, Jimmy Boling by Tennessee Valley Authority.(Chase, James) |
Filing 166 ORDER that plaintiffs requests in both the Scott Motions and the Agee Motions for an extension of time in which to file response briefs to TVAs no causation motion are hereby GRANTED and all plaintiffs shall have up to and including Thursday, October 28, 2010 in which to file their responses to TVAs no causation motion. TVA shall then have up and including Tuesday, November 23, 2010 in which to file reply briefs. Counsel for each plaintiff is hereby ORDERED to file ONE consolidated response brief, to be entered in each case in which that attorney is counsel, by Thursday, October 28, 2010. Following the filing of plaintiffs response briefs, TVA shall file, by Tuesday, November 23, 2010, any reply briefs in the same manner that plaintiffs filed their consolidated response briefs. Signed by District Judge Thomas A Varlan on 10/1/10. (ABF) |
Filing 165 ORDER granting Plaintiffs' #164 Motion for Anthony Abato to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 9/29/10. (C/M to Mr. Abato along with the ECF Requirement Letter) (ABF) |
Filing 164 MOTION for Anthony S. Abato to Appear Pro Hac Vice by Plaintiffs (Attachments: #1 Cover Letter, #2 New York Supreme Court, #3 Copy of Attorney Admission Application)(ABF) |
Filing 163 NOTICE to Take Deposition of Greg Keskey, Bob and Janet Gajewski, Deborah Zeckser, Eric and Elizabeth Stone, Mathew Harrison by Tennessee Valley Authority.(Chase, James) |
Filing 162 AMENDED DOCUMENT by Tennessee Valley Authority. Amendment to #158 Notice to Take Deposition of Paul Smith, Carol Smith, John Riccio, Julius Krupp, and Kathy Snyder. (Chase, James) |
Filing 161 MEMORANDUM in Support of Motion re #160 MOTION for Summary Judgment on Plaintiffs' Tort and Inverse Condemnation Claims on Grounds of No Causation filed by Tennessee Valley Authority. (Attachments: #1 Volume I, #2 Volume II, #3 Volume III)(Small, Edwin) |
Filing 160 MOTION for Summary Judgment on Plaintiffs' Tort and Inverse Condemnation Claims on Grounds of No Causation by Tennessee Valley Authority. (Small, Edwin) |
Filing 159 NOTICE to Take Deposition of George Fulton, Opal Ladd, Jeffrey Allen, Peter Stresen-Reuter by Tennessee Valley Authority.(Chase, James) |
Filing 158 NOTICE to Take Deposition of Paul Smith, Carol Smith, Ray Simmon, Julius Krupp, Bill Snyder by Tennessee Valley Authority.(Chase, James) |
Filing 157 NOTICE to Take Deposition of George Fulton, Jimmy Boling, Jeffrey Allen, Peter Stresen-Reuter by Tennessee Valley Authority.(Chase, James) |
Filing 156 REPLY to Response to Motion re #128 MOTION for Summary Judgment on Plaintiffs' Tort Claims on the Nondiscretionary Conduct Issue filed by Tennessee Valley Authority. (Attachments: #1 Petty Deposition Excerpts)(Small, Edwin) |
Filing 155 PLAINTIFFS' AGREED COORDINATION COMMITTEE FOR COORDINATION OF DEPOSITION DISCOVERY noting per paragraph (3) of the Court's Order, for purposes of filing documents with the Court relating to common discovery issues, all such documents shall be electronically filed with the Court in Chesney, et al v. TVA, et al, 3:09-cv-9. Signed by Magistrate Judge H Bruce Guyton on August 11, 2010. (AYB) |
Filing 154 ORDER finding the Plaintiffs' Agreed Coordination Committee for Coordination of Deposition Discovery is well-taken. The proposed committee will enable counsel to represent their various clients' positions, while facilitating efficient disposition of discovery. Accordingly, the Plaintiffs' Agreed Coordination Committee for Coordination of Deposition Discovery will be ENTERED FORTHWITH. All objections thereto are OVERRULED. Signed by Magistrate Judge H Bruce Guyton on August 11, 2010. (AYB) |
Filing 153 STATUS REPORT by Larry Mays. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Ball, Gordon) |
Filing 152 RESPONSE in Opposition re #128 MOTION for Summary Judgment on Plaintiffs' Tort Claims on the Nondiscretionary Conduct Issue (Certificate of Service for ECF Document No. 148, the Affidavit of Belve Dansby Marks, III, PH.D., P.E.) filed by Barbara D Agee, James A Agee, II, James A Agee, Christopher Agne, Imogene Agne, Hailey E Allen, Jeffrey C Allen, Jessica R Allen, John W Allen, Jr, Jonathan R Allen, Raymond L Allen, Sherrie L Allen, Jackie H Armes, Sr, Sybil Ball, Freank Balzer, Patricia Balzer, Elaine Barnes, Jim Barnes, Rick A Barrett, Janie Beasley, John Beasley, Brian T Beaty, Tracy A Beaty, Jonathan W Bennett, Jeremy Bivens, Sandra Blair, Beverly Boling, Jimmy L Boling, Blaine Botkin, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Diane J Breiner, Fred J Breiner, Lance W Brimble, Sandra G Brown, Vince Brown, Charles R Brumley, Alexis Bryson, Cortney Bryson, Andy Bullens, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Buffy K Clark(Individually), Buffy K Clark, Rebecca L Clark, William C Clark, Mitchel L Coffey, Sherry Coffey, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Joan-Marie Cummins, Jody Cummins, Glenn K Daniel, Shirley M Daniel, Cherrie L Davis, Clay Davis, Jr, Clint Davis(Individually), Clint Davis, Pamela Day, Larry D Dorlan, Brenda Duncan, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Candi Easter, Doris S Edwards, Nancy Engman, Paul Engman, Robert J Eubanks, Adelania Ferrante, Joseph Ferrante, Judy M Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, George B Fulton, MaryAnn E Fulton, Bob Gajewski, Janet Gajewski, Elisa Gastineau, Michael Gastineau, Rachel Gillow, Patrick Gough, Terri Gough, Terri Gough(Individually), William Gough, Christine J Griffis, Donnie W Griffis, Elisha Hall(Individually), Elisha Hall, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison, Matthew S Harrison(Individually), Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Penny Lou Hill, Tami Hines-Williams(Individually), Tami Hines-Williams, Greg Hoskins, Kelly Hoskins, Paul J Houlihan, Theresa A Houlihan, Susan Hutchinson, Kelly Jackson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Joe Kartch, Merry C Kartch, Greg Keskey, Donna Kirby, William P Kirby, Dianna D Krupp, Julius J Krupp, Jr, Angela D Ladd, Beth Ladd, Brenda F Ladd, Dustin B Ladd, Opal I Ladd, Randel E Ladd, Debra D Lowery, Twilight Loy, Glen Luecke, Sara Luecke, Christopher Luffman(Individually), Christopher Luffman, Morris Marlow, Barbara Marshall, Herbert M Marshall, Kelly McCulley, Kevin R McCulley, Alice McDowell, Justin W McKamey, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Charli Michaels(Individually), Charli Michaels, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Judith Nelson, Loren Nelson, Paul Nuckols, Paul Nuckols(Individually), Gerald Oakerson, Carol Ott, Robert Ott, Patricia Pankey, Thyrone Pankey, Dianne U Payne, James R Payne, Tony Perez, Charles L Phillips, Pamela J Phillips, Heather Poland, Joshua Poland, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Charles W Ratledge, Linda Ratledge, David Redd, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Mark Riner, Patricia L Roberts, Steven R Roberts, Bonnie Robertson, Ora Robertson, Gary Rolen, Micah L Rusinek, Stanley R Rusinek, James Ryan, Holly Schean, Holly Schean(Individually), Geraldine Seiber, Holly A Seiber, Howard Sheldon, Joan H Sheldon, Cynthia D Shillings, Mary E Simmon, A Ray Simon, Kathleen Simpson, Ricky Simpson, Carol A Smith, Judy K Smith, Paul Smith, Paul M Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Jamie Standridge, Alfred D Steimel, Sylvia A Steimel, Brandy Stepp, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Peter M Stresen-Reuter, James - Summers, Gary D Thomas, Dennis A Tollefson, Leanna Townsend, Pamela Tredway, Seth Tredway, Robert Trimmer, Miguel Velazquez, Thomas E Vereb, Wendy F Vereb, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, David E Wilder, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Steven Wright, Martha B Young, Robert D Young, Deborah A Zeckser. (Srolovic, Lemuel) |
Filing 151 RESPONSE in Opposition re #128 MOTION for Summary Judgment on Plaintiffs' Tort Claims on the Nondiscretionary Conduct Issue (Complaint in Long et al. v TVA, 3:09-cv-114) filed by Barbara D Agee, James A Agee, II, James A Agee, Christopher Agne, Imogene Agne, Hailey E Allen, Jeffrey C Allen, Jessica R Allen, John W Allen, Jr, Jonathan R Allen, Raymond L Allen, Sherrie L Allen, Jackie H Armes, Sr, Sybil Ball, Freank Balzer, Patricia Balzer, Elaine Barnes, Jim Barnes, Rick A Barrett, Janie Beasley, John Beasley, Brian T Beaty, Tracy A Beaty, Jonathan W Bennett, Jeremy Bivens, Sandra Blair, Beverly Boling, Jimmy L Boling, Blaine Botkin, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Diane J Breiner, Fred J Breiner, Lance W Brimble, Sandra G Brown, Vince Brown, Charles R Brumley, Alexis Bryson, Cortney Bryson, Andy Bullens, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Buffy K Clark(Individually), Buffy K Clark, Rebecca L Clark, William C Clark, Mitchel L Coffey, Sherry Coffey, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Joan-Marie Cummins, Jody Cummins, Glenn K Daniel, Shirley M Daniel, Cherrie L Davis, Clay Davis, Jr, Clint Davis(Individually), Clint Davis, Pamela Day, Larry D Dorlan, Brenda Duncan, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Candi Easter, Doris S Edwards, Nancy Engman, Paul Engman, Robert J Eubanks, Adelania Ferrante, Joseph Ferrante, Judy M Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, George B Fulton, MaryAnn E Fulton, Bob Gajewski, Janet Gajewski, Elisa Gastineau, Michael Gastineau, Rachel Gillow, Patrick Gough, Terri Gough, Terri Gough(Individually), William Gough, Christine J Griffis, Donnie W Griffis, Elisha Hall(Individually), Elisha Hall, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison, Matthew S Harrison(Individually), Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Penny Lou Hill, Tami Hines-Williams(Individually), Tami Hines-Williams, Greg Hoskins, Kelly Hoskins, Paul J Houlihan, Theresa A Houlihan, Susan Hutchinson, Kelly Jackson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Joe Kartch, Merry C Kartch, Greg Keskey, Donna Kirby, William P Kirby, Dianna D Krupp, Julius J Krupp, Jr, Angela D Ladd, Beth Ladd, Brenda F Ladd, Dustin B Ladd, Opal I Ladd, Randel E Ladd, Debra D Lowery, Twilight Loy, Glen Luecke, Sara Luecke, Christopher Luffman(Individually), Christopher Luffman, Morris Marlow, Barbara Marshall, Herbert M Marshall, Kelly McCulley, Kevin R McCulley, Alice McDowell, Justin W McKamey, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Charli Michaels(Individually), Charli Michaels, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Judith Nelson, Loren Nelson, Paul Nuckols, Paul Nuckols(Individually), Gerald Oakerson, Carol Ott, Robert Ott, Patricia Pankey, Thyrone Pankey, Dianne U Payne, James R Payne, Tony Perez, Charles L Phillips, Pamela J Phillips, Heather Poland, Joshua Poland, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Charles W Ratledge, Linda Ratledge, David Redd, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Mark Riner, Patricia L Roberts, Steven R Roberts, Bonnie Robertson, Ora Robertson, Gary Rolen, Micah L Rusinek, Stanley R Rusinek, James Ryan, Holly Schean, Holly Schean(Individually), Geraldine Seiber, Holly A Seiber, Howard Sheldon, Joan H Sheldon, Cynthia D Shillings, Mary E Simmon, A Ray Simon, Kathleen Simpson, Ricky Simpson, Carol A Smith, Judy K Smith, Paul Smith, Paul M Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Jamie Standridge, Alfred D Steimel, Sylvia A Steimel, Brandy Stepp, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Peter M Stresen-Reuter, James - Summers, Gary D Thomas, Dennis A Tollefson, Leanna Townsend, Pamela Tredway, Seth Tredway, Robert Trimmer, Miguel Velazquez, Thomas E Vereb, Wendy F Vereb, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, David E Wilder, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Steven Wright, Martha B Young, Robert D Young, Deborah A Zeckser. (Srolovic, Lemuel) |
Filing 150 RESPONSE in Opposition re #128 MOTION for Summary Judgment on Plaintiffs' Tort Claims on the Nondiscretionary Conduct Issue (Affidavit of Gary R. Brown, P.E.) filed by Barbara D Agee, James A Agee, II, James A Agee, Christopher Agne, Imogene Agne, Hailey E Allen, Jeffrey C Allen, Jessica R Allen, John W Allen, Jr, Jonathan R Allen, Raymond L Allen, Sherrie L Allen, Jackie H Armes, Sr, Sybil Ball, Freank Balzer, Patricia Balzer, Elaine Barnes, Jim Barnes, Rick A Barrett, Janie Beasley, John Beasley, Brian T Beaty, Tracy A Beaty, Jonathan W Bennett, Jeremy Bivens, Sandra Blair, Beverly Boling, Jimmy L Boling, Blaine Botkin, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Diane J Breiner, Fred J Breiner, Lance W Brimble, Sandra G Brown, Vince Brown, Charles R Brumley, Alexis Bryson, Cortney Bryson, Andy Bullens, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Buffy K Clark(Individually), Buffy K Clark, Rebecca L Clark, William C Clark, Mitchel L Coffey, Sherry Coffey, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Joan-Marie Cummins, Jody Cummins, Glenn K Daniel, Shirley M Daniel, Cherrie L Davis, Clay Davis, Jr, Clint Davis(Individually), Clint Davis, Pamela Day, Larry D Dorlan, Brenda Duncan, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Candi Easter, Doris S Edwards, Nancy Engman, Paul Engman, Robert J Eubanks, Adelania Ferrante, Joseph Ferrante, Judy M Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, George B Fulton, MaryAnn E Fulton, Bob Gajewski, Janet Gajewski, Elisa Gastineau, Michael Gastineau, Rachel Gillow, Patrick Gough, Terri Gough, Terri Gough(Individually), William Gough, Christine J Griffis, Donnie W Griffis, Elisha Hall(Individually), Elisha Hall, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison, Matthew S Harrison(Individually), Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Penny Lou Hill, Tami Hines-Williams(Individually), Tami Hines-Williams, Greg Hoskins, Kelly Hoskins, Paul J Houlihan, Theresa A Houlihan, Susan Hutchinson, Kelly Jackson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Joe Kartch, Merry C Kartch, Greg Keskey, Donna Kirby, William P Kirby, Dianna D Krupp, Julius J Krupp, Jr, Angela D Ladd, Beth Ladd, Brenda F Ladd, Dustin B Ladd, Opal I Ladd, Randel E Ladd, Debra D Lowery, Twilight Loy, Glen Luecke, Sara Luecke, Christopher Luffman(Individually), Christopher Luffman, Morris Marlow, Barbara Marshall, Herbert M Marshall, Kelly McCulley, Kevin R McCulley, Alice McDowell, Justin W McKamey, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Charli Michaels(Individually), Charli Michaels, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Judith Nelson, Loren Nelson, Paul Nuckols, Paul Nuckols(Individually), Gerald Oakerson, Carol Ott, Robert Ott, Patricia Pankey, Thyrone Pankey, Dianne U Payne, James R Payne, Tony Perez, Charles L Phillips, Pamela J Phillips, Heather Poland, Joshua Poland, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Charles W Ratledge, Linda Ratledge, David Redd, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Mark Riner, Patricia L Roberts, Steven R Roberts, Bonnie Robertson, Ora Robertson, Gary Rolen, Micah L Rusinek, Stanley R Rusinek, James Ryan, Holly Schean, Holly Schean(Individually), Geraldine Seiber, Holly A Seiber, Howard Sheldon, Joan H Sheldon, Cynthia D Shillings, Mary E Simmon, A Ray Simon, Kathleen Simpson, Ricky Simpson, Carol A Smith, Judy K Smith, Paul Smith, Paul M Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Jamie Standridge, Alfred D Steimel, Sylvia A Steimel, Brandy Stepp, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Peter M Stresen-Reuter, James - Summers, Gary D Thomas, Dennis A Tollefson, Leanna Townsend, Pamela Tredway, Seth Tredway, Robert Trimmer, Miguel Velazquez, Thomas E Vereb, Wendy F Vereb, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, David E Wilder, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Steven Wright, Martha B Young, Robert D Young, Deborah A Zeckser. (Srolovic, Lemuel) |
Filing 149 RESPONSE in Opposition re #128 MOTION for Summary Judgment on Plaintiffs' Tort Claims on the Nondiscretionary Conduct Issue (Declaration of Gary R. Brown, P.E.) filed by Barbara D Agee, James A Agee, II, James A Agee, Christopher Agne, Imogene Agne, Hailey E Allen, Jeffrey C Allen, Jessica R Allen, John W Allen, Jr, Jonathan R Allen, Raymond L Allen, Sherrie L Allen, Jackie H Armes, Sr, Sybil Ball, Freank Balzer, Patricia Balzer, Elaine Barnes, Jim Barnes, Rick A Barrett, Janie Beasley, John Beasley, Brian T Beaty, Tracy A Beaty, Jonathan W Bennett, Jeremy Bivens, Sandra Blair, Beverly Boling, Jimmy L Boling, Blaine Botkin, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Diane J Breiner, Fred J Breiner, Lance W Brimble, Sandra G Brown, Vince Brown, Charles R Brumley, Alexis Bryson, Cortney Bryson, Andy Bullens, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Buffy K Clark(Individually), Buffy K Clark, Rebecca L Clark, William C Clark, Mitchel L Coffey, Sherry Coffey, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Joan-Marie Cummins, Jody Cummins, Glenn K Daniel, Shirley M Daniel, Cherrie L Davis, Clay Davis, Jr, Clint Davis(Individually), Clint Davis, Pamela Day, Larry D Dorlan, Brenda Duncan, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Candi Easter, Doris S Edwards, Nancy Engman, Paul Engman, Robert J Eubanks, Adelania Ferrante, Joseph Ferrante, Judy M Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, George B Fulton, MaryAnn E Fulton, Bob Gajewski, Janet Gajewski, Elisa Gastineau, Michael Gastineau, Rachel Gillow, Patrick Gough, Terri Gough, Terri Gough(Individually), William Gough, Christine J Griffis, Donnie W Griffis, Elisha Hall(Individually), Elisha Hall, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison, Matthew S Harrison(Individually), Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Penny Lou Hill, Tami Hines-Williams(Individually), Tami Hines-Williams, Greg Hoskins, Kelly Hoskins, Paul J Houlihan, Theresa A Houlihan, Susan Hutchinson, Kelly Jackson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Joe Kartch, Merry C Kartch, Greg Keskey, Donna Kirby, William P Kirby, Dianna D Krupp, Julius J Krupp, Jr, Angela D Ladd, Beth Ladd, Brenda F Ladd, Dustin B Ladd, Opal I Ladd, Randel E Ladd, Debra D Lowery, Twilight Loy, Glen Luecke, Sara Luecke, Christopher Luffman(Individually), Christopher Luffman, Morris Marlow, Barbara Marshall, Herbert M Marshall, Kelly McCulley, Kevin R McCulley, Alice McDowell, Justin W McKamey, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Charli Michaels(Individually), Charli Michaels, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Judith Nelson, Loren Nelson, Paul Nuckols, Paul Nuckols(Individually), Gerald Oakerson, Carol Ott, Robert Ott, Patricia Pankey, Thyrone Pankey, Dianne U Payne, James R Payne, Tony Perez, Charles L Phillips, Pamela J Phillips, Heather Poland, Joshua Poland, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Charles W Ratledge, Linda Ratledge, David Redd, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Mark Riner, Patricia L Roberts, Steven R Roberts, Bonnie Robertson, Ora Robertson, Gary Rolen, Micah L Rusinek, Stanley R Rusinek, James Ryan, Holly Schean, Holly Schean(Individually), Geraldine Seiber, Holly A Seiber, Howard Sheldon, Joan H Sheldon, Cynthia D Shillings, Mary E Simmon, A Ray Simon, Kathleen Simpson, Ricky Simpson, Carol A Smith, Judy K Smith, Paul Smith, Paul M Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Jamie Standridge, Alfred D Steimel, Sylvia A Steimel, Brandy Stepp, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Peter M Stresen-Reuter, James - Summers, Gary D Thomas, Dennis A Tollefson, Leanna Townsend, Pamela Tredway, Seth Tredway, Robert Trimmer, Miguel Velazquez, Thomas E Vereb, Wendy F Vereb, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, David E Wilder, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Steven Wright, Martha B Young, Robert D Young, Deborah A Zeckser. (Srolovic, Lemuel) |
Filing 148 RESPONSE in Opposition re #128 MOTION for Summary Judgment on Plaintiffs' Tort Claims on the Nondiscretionary Conduct Issue (Affidavit of Belve Dansby Marks, III, PH.D., P.E., with exhibits) filed by Barbara D Agee, James A Agee, II, James A Agee, Christopher Agne, Imogene Agne, Hailey E Allen, Jeffrey C Allen, Jessica R Allen, John W Allen, Jr, Jonathan R Allen, Raymond L Allen, Sherrie L Allen, Jackie H Armes, Sr, Sybil Ball, Freank Balzer, Patricia Balzer, Elaine Barnes, Jim Barnes, Rick A Barrett, Janie Beasley, John Beasley, Brian T Beaty, Tracy A Beaty, Jonathan W Bennett, Jeremy Bivens, Sandra Blair, Beverly Boling, Jimmy L Boling, Blaine Botkin, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Diane J Breiner, Fred J Breiner, Lance W Brimble, Sandra G Brown, Vince Brown, Charles R Brumley, Alexis Bryson, Cortney Bryson, Andy Bullens, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Buffy K Clark(Individually), Buffy K Clark, Rebecca L Clark, William C Clark, Mitchel L Coffey, Sherry Coffey, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Joan-Marie Cummins, Jody Cummins, Glenn K Daniel, Shirley M Daniel, Cherrie L Davis, Clay Davis, Jr, Clint Davis(Individually), Clint Davis, Pamela Day, Larry D Dorlan, Brenda Duncan, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Candi Easter, Doris S Edwards, Nancy Engman, Paul Engman, Robert J Eubanks, Adelania Ferrante, Joseph Ferrante, Judy M Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, George B Fulton, MaryAnn E Fulton, Bob Gajewski, Janet Gajewski, Elisa Gastineau, Michael Gastineau, Rachel Gillow, Patrick Gough, Terri Gough, Terri Gough(Individually), William Gough, Christine J Griffis, Donnie W Griffis, Elisha Hall(Individually), Elisha Hall, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison, Matthew S Harrison(Individually), Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Penny Lou Hill, Tami Hines-Williams(Individually), Tami Hines-Williams, Greg Hoskins, Kelly Hoskins, Paul J Houlihan, Theresa A Houlihan, Susan Hutchinson, Kelly Jackson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Joe Kartch, Merry C Kartch, Greg Keskey, Donna Kirby, William P Kirby, Dianna D Krupp, Julius J Krupp, Jr, Angela D Ladd, Beth Ladd, Brenda F Ladd, Dustin B Ladd, Opal I Ladd, Randel E Ladd, Debra D Lowery, Twilight Loy, Glen Luecke, Sara Luecke, Christopher Luffman(Individually), Christopher Luffman, Morris Marlow, Barbara Marshall, Herbert M Marshall, Kelly McCulley, Kevin R McCulley, Alice McDowell, Justin W McKamey, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Charli Michaels(Individually), Charli Michaels, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Judith Nelson, Loren Nelson, Paul Nuckols, Paul Nuckols(Individually), Gerald Oakerson, Carol Ott, Robert Ott, Patricia Pankey, Thyrone Pankey, Dianne U Payne, James R Payne, Tony Perez, Charles L Phillips, Pamela J Phillips, Heather Poland, Joshua Poland, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Charles W Ratledge, Linda Ratledge, David Redd, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Mark Riner, Patricia L Roberts, Steven R Roberts, Bonnie Robertson, Ora Robertson, Gary Rolen, Micah L Rusinek, Stanley R Rusinek, James Ryan, Holly Schean, Holly Schean(Individually), Geraldine Seiber, Holly A Seiber, Howard Sheldon, Joan H Sheldon, Cynthia D Shillings, Mary E Simmon, A Ray Simon, Kathleen Simpson, Ricky Simpson, Carol A Smith, Judy K Smith, Paul Smith, Paul M Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Jamie Standridge, Alfred D Steimel, Sylvia A Steimel, Brandy Stepp, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Peter M Stresen-Reuter, James - Summers, Gary D Thomas, Dennis A Tollefson, Leanna Townsend, Pamela Tredway, Seth Tredway, Robert Trimmer, Miguel Velazquez, Thomas E Vereb, Wendy F Vereb, Brian Walker, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, David E Wilder, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Steven Wright, Martha B Young, Robert D Young, Deborah A Zeckser. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Srolovic, Lemuel) |
Filing 147 RESPONSE in Opposition re #128 MOTION for Summary Judgment on Plaintiffs' Tort Claims on the Nondiscretionary Conduct Issue (Plaintiffs' Opposition Brief) filed by Barbara D Agee, James A Agee, II, James A Agee, Christopher Agne, Imogene Agne, Hailey E Allen, Jeffrey C Allen, Jessica R Allen, John W Allen, Jr, Jonathan R Allen, Raymond L Allen, Sherrie L Allen, Jackie H Armes, Sr, Sybil Ball, Freank Balzer, Patricia Balzer, Elaine Barnes, Jim Barnes, Rick A Barrett, Janie Beasley, John Beasley, Brian T Beaty, Tracy A Beaty, Jonathan W Bennett, Jeremy Bivens, Sandra Blair, Beverly Boling, Jimmy L Boling, Blaine Botkin, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Diane J Breiner, Fred J Breiner, Lance W Brimble, Sandra G Brown, Vince Brown, Charles R Brumley, Alexis Bryson, Cortney Bryson, Andy Bullens, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Buffy K Clark(Individually), Buffy K Clark, Rebecca L Clark, William C Clark, Mitchel L Coffey, Sherry Coffey, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Joan-Marie Cummins, Jody Cummins, Glenn K Daniel, Shirley M Daniel, Cherrie L Davis, Clay Davis, Jr, Clint Davis(Individually), Clint Davis, Pamela Day, Larry D Dorlan, Brenda Duncan, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Candi Easter, Doris S Edwards, Nancy Engman, Paul Engman, Robert J Eubanks, Adelania Ferrante, Joseph Ferrante, Judy M Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, George B Fulton, MaryAnn E Fulton, Bob Gajewski, Janet Gajewski, Elisa Gastineau, Michael Gastineau, Rachel Gillow, Patrick Gough, Terri Gough, Terri Gough(Individually), William Gough, Christine J Griffis, Donnie W Griffis, Elisha Hall(Individually), Elisha Hall, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison, Matthew S Harrison(Individually), Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Penny Lou Hill, Tami Hines-Williams(Individually), Tami Hines-Williams, Greg Hoskins, Kelly Hoskins, Paul J Houlihan, Theresa A Houlihan, Susan Hutchinson, Kelly Jackson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Joe Kartch, Merry C Kartch, Greg Keskey, Donna Kirby, William P Kirby, Dianna D Krupp, Julius J Krupp, Jr, Angela D Ladd, Beth Ladd, Brenda F Ladd, Dustin B Ladd, Opal I Ladd, Randel E Ladd, Debra D Lowery, Twilight Loy, Glen Luecke, Sara Luecke, Christopher Luffman(Individually), Christopher Luffman, Morris Marlow, Barbara Marshall, Herbert M Marshall, Kelly McCulley, Kevin R McCulley, Alice McDowell, Justin W McKamey, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Charli Michaels(Individually), Charli Michaels, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Judith Nelson, Loren Nelson, Paul Nuckols, Paul Nuckols(Individually), Gerald Oakerson, Carol Ott, Robert Ott, Patricia Pankey, Thyrone Pankey, Dianne U Payne, James R Payne, Tony Perez, Charles L Phillips, Pamela J Phillips, Heather Poland, Joshua Poland, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Charles W Ratledge, Linda Ratledge, David Redd, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Mark Riner, Patricia L Roberts, Steven R Roberts, Bonnie Robertson, Ora Robertson, Gary Rolen, Micah L Rusinek, Stanley R Rusinek, James Ryan, Holly Schean, Holly Schean(Individually), Geraldine Seiber, Holly A Seiber, Howard Sheldon, Joan H Sheldon, Cynthia D Shillings, Mary E Simmon, A Ray Simon, Kathleen Simpson, Ricky Simpson, Carol A Smith, Judy K Smith, Paul Smith, Paul M Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Jamie Standridge, Alfred D Steimel, Sylvia A Steimel, Brandy Stepp, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Peter M Stresen-Reuter, James - Summers, Gary D Thomas, Dennis A Tollefson, Leanna Townsend, Pamela Tredway, Seth Tredway, Robert Trimmer, Miguel Velazquez, Thomas E Vereb, Wendy F Vereb, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, David E Wilder, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Steven Wright, Martha B Young, Robert D Young, Deborah A Zeckser. (Srolovic, Lemuel) |
Filing 146 ORDER granting #141 Motion to Dismiss Sixty-Nine Nonresponsive Plaintiffs Without Prejudice. Signed by District Judge Thomas A Varlan on 7/21/2010. (KMK) |
Filing 145 ORDER denying #140 Motion to Quash the Notice of Deposition of James C. (Chris) Buttram. Signed by Magistrate Judge H Bruce Guyton on July 19, 2010. (AYB) |
Filing 144 RESPONSE in Opposition re #140 MOTION to Quash Deposition of James C. Buttram filed by Plaintiffs (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Srolovic, Lemuel) Modified text on 7/19/2010 (ABF). |
Filing 143 ANSWER to #134 Amended Complaint by Tennessee Valley Authority.(Anstoetter, Mark) |
Filing 142 MEMORANDUM in Support of Motion re #141 Unopposed MOTION to Dismiss for Lack of Prosecution filed by Tennessee Valley Authority. (Attachments: #1 Discovery Requests served on nonresponsive Plaintiffs, #2 July 7, 2010 letter, Anstoetter to Srolovic, #3 July 9, 2010 email, Srolovic to Anstoetter)(Chase, James) |
Filing 141 Unopposed MOTION to Dismiss for Lack of Prosecution by Tennessee Valley Authority. (Attachments: #1 List of Nonresponsive Plaintiffs)(Chase, James) |
Filing 140 MOTION to Quash Deposition of James C. Buttram by Larry Mays. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Ball, Gordon) |
Filing 139 NOTICE to Take Deposition of James C. Buttram by Plaintiffs. (Srolovic, Lemuel) Modified text on 7/16/2010 (ABF). |
Filing 138 SCHEDULING ORDER: Bench Trial set for 9/13/2011 09:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. Status Conference set for 6/21/2011 02:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan.Signed by District Judge Thomas A Varlan on 7/15/10. (ABF) |
Filing 137 ORDER granting in part and denying in part TVA's Motion for an Order Coordinating Discovery whereby: 1) the Plaintiffs shall coordinate all further deposition discovery of TVA employees in the cases captioned above; 2) the Plaintiffs shall form a Plaintiffs' Coordination Committee for coordination of deposition discovery. In formulating this committee, counsel for the Plaintiffs should consider which counsel have fulfilled this role thus far, but they should also include at least one attorney from the later-filed, individual cases; 3) in addition, the Plaintiffs shall designate the lowest-numbered cases of any given class of cases as the lead case for filing of all documents related to common discovery issues. The cases may be designated based upon cases having common counsel, cases being similarly situated, or any other logical grounds for coordination. Designation of these cases will not preclude filings being made for unique discovery issues in the individual cases in the future; and 4) the Plaintiffs shall file a list of the members of the Plaintiffs' Coordination Committee and a list of the Designated Discovery Cases on or before August 6, 2010. Signed by Magistrate Judge H Bruce Guyton on July 14, 2010. (AYB) |
Filing 136 ORDER regarding the deposition length of TVA CEO Tom Kilgore. Signed by Magistrate Judge H Bruce Guyton on July 13, 2010. (AYB) |
Filing 135 ORDER granting #133 Motion for Extension of Time to File Response to MOTION for Summary Judgment on Plaintiffs' Tort Claims on the Nondiscretionary Conduct Issue up to and including 7/26/10. Signed by District Judge Thomas A Varlan on 7/2/10. (ABF) |
Filing 134 AMENDED COMPLAINT against Tennessee Valley Authority., filed by Plaintiffs.(Srolovic, Lemuel) Modified text on 7/2/2010 (ABF). |
The status conference and hearing set for July 13, 2010, at 1:00 p.m. is CANCELED. The Court has determined that oral arguments on the issues before it are unnecessary, as the motions and issues are well-briefed. The Court will issue orders on the motions shortly. (AYB) |
Filing 133 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant TVA's Motion for Summary Judgment by Plaintiffs. (Srolovic, Lemuel) Modified text on 6/30/2010 (ABF). |
Filing 132 ORDER that Plaintiffs' Motion for Leave to Amend Plaintiffs' First Amended Complaint and to Add Parties and to Request Punitive Damages #108 is GRANTED in Part to the extent that the complaint may be amended to include the 86 additional plaintiffs and DENIED in Part to the extent that plaintiffs' proposed amendment for a punitive damages claim against TVA is futile and may not be alleged. Plaintiffs are directed to file a second amended complaint consistent with this Order within 7 days of the entry of this Order. Signed by District Judge Thomas A Varlan on 6/25/10. (ABF) |
Filing 131 REPLY to Response to Motion re #124 MOTION for an Order Coordinating Deposition Discovery of TVA Employees filed by Tennessee Valley Authority. (Chase, James) |
Filing 129 MEMORANDUM in Support of Motion re #128 MOTION for Summary Judgment on Plaintiffs' Tort Claims on the Nondiscretionary Conduct Issue filed by Tennessee Valley Authority. (Attachments: #1 Permit-Manual-Appx G, #2 Plaintiffs' Collective Interrogatory Responses)(Small, Edwin) |
Filing 128 MOTION for Summary Judgment on Plaintiffs' Tort Claims on the Nondiscretionary Conduct Issue by Tennessee Valley Authority. (Small, Edwin) |
Filing 130 Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton: Status Conference held on 6/15/2010 counsel participating via telephoneregarding the taking of the deposition of Mr. Kilgore. Parties advise that August 31, 2010 has been agreed upon as the date for deposition to begin. Discussion with regard to the length of time that Mr. Kilgore will be deposed.(Tape #CD3A062010) (MGM) |
NOTICE of Hearing: The Court has scheduled a telephone conference for 6/15/2010 at 2:00 PM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge H Bruce Guyton to address the length of the deposition of Tom Kilgore. The parties shall email any short, summaries of their positions to chambers (Leah_Walker@tned.uscourts.gov or Holly_Nease@tned.uscourts.gov), by 12:00 p.m. on June 14, 2010. Counsel participating in the telephone conference will dial into the conference at 800.394.7219, using participant code 136 744. (AYB) |
Filing 127 RESPONSE to Motion re #124 MOTION for an Order Coordinating Deposition Discovery of TVA Employees filed by Plaintiffs. (Srolovic, Lemuel) Modified text on 6/14/2010 (ABF). |
Filing 126 MEMORANDUM AND ORDER re: Motion to Consolidate Cases, Motion for an Order Coordinating Deposition Discovery of TVA Employees, and any outstanding discovery disputes. (The Discovery Conference is reset to begin at 1:00 p.m. on 7/13/2010, rather than 2:00 p.m. in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton.) Signed by Magistrate Judge H Bruce Guyton on 5/27/2010. (KMK, ) |
Filing 125 MEMORANDUM in Support of Motion re #124 MOTION for an Order Coordinating Deposition Discovery of TVA Employees filed by Tennessee Valley Authority. (Chase, James) |
Filing 124 MOTION for an Order Coordinating Deposition Discovery of TVA Employees by Tennessee Valley Authority. (Chase, James) |
Filing 123 ORDER finding that the Plaintiffs' Motions to Compel are well-taken, and they are GRANTED. TVA's Motions for Protective Order will be DENIED. The Plaintiffs may take Mr. Kilgores deposition when they so choose, so long as they confer in good faith with TVA's counsel regarding availability. The parties SHALL also confer in good faith regarding the length of Mr. Kilgore's deposition. Signed by Magistrate Judge H Bruce Guyton on 5/13/10. (MGM) |
Filing 122 ANSWER to #40 Amended Complaint by Tennessee Valley Authority.(Anstoetter, Mark) |
Filing 120 ORDER that Defendant TVA's Motion #41 to Dismiss or for Summary Judgment is GRANTED to the extent Plaintiff's tort claims pertain to TVA's policy decision to build and keep in operation the Swan Pond facilities; GRANTED to the extent Plaintiffs' claims pertain to TVA's removal and remediation conduct following the coal ash spill; and DENIED to the extent Plaintiffs' tort claims pertain to TVA's use, maintenance, and upkeep of the Swan Pond Facilities. TVA's request that the Court dismiss the inverse condemnation claims of the Blanchard plaintiffs, the Raymond plaintiffs and the Schofield plaintiffs is hereby DENIED. Further, TVA's Motions to Dismiss all Claims for Punitive Damages Against TVA and to Strike All Jury Demands against TVA #58 is hereby GRANTED and Plaintiffs' claims for punitive damages are DISMISSED and the Court STRIKES Plaintiffs' request for a jury trial. Signed by District Judge Thomas A Varlan on 3/26/10. (ABF) |
Filing 121 Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton: Motion Hearing held on 3/25/2010 re (113 in 3:09-cv-00048) MOTION to Compel The Deposition of Tom Kilgore filed by Walter Stewart, Jot Raymond, Carol Pogue, James Iwamua, Lea Ann Raymond, Brenda Raymond, Leah Stewart, Chris Raymond, Sandra Hart, Bethanie Raymond, Michael Pogue, Anita Manske, David Hudson, Sherri Iwamua, Carol Plasil, Robert Raines, Robert Hammond, Robert Carey, Franz Plasil, Paul Forester, Nathan Hart, William Brown, Shelby Walker, Heather Raines, Trudie Hammond, Mary Forester, (215 in 3:09-cv-00114) MOTION to Compel The Deposition of Tom Kilgore filed by Diana L Anderson, Wayne Timm, Eva Hewitt, Stacie N Bradshaw, Danny Edwards, Thomas Price, Connie Kelley, Ross M Harding, Brenda Timm, Susan J Brissinger, Jeremiah McClure, Sarah Bullington, Penny Dodson, Rita Price, Mary K Harding, Donna S Gann, Gary A Sproule, Timothy Long, Lois J Long, Phylis Burns, Donald W Simon, Richard - Long, Ashley McClure, Robert J Brissinger, Joshua J Price, Jerry Kelley, James D Gann, Linda Edwards, Eric Bullington, Vicky Long, (114 in 3:09-cv-00064) MOTION to Compel Deposition of Tom Kilgore filed by Craig Hurley, Gary Bowling, Raymond Adkisson, Lisa Scofield, Donnie Davis, Breashears Farm, Judy Scofield, Mary Grace Scofield McAbee, Margaret D Hampton, Robert Scofield, Jimmie Turner, Judy Turner, Dana May, Hollie Hurley, Jerry Jackson, J.W. Weeks, Rhonda Adkisson, Patricia Weeks, Melissa Davis, Lee Scofield, (146 in 3:09-cv-00009) MOTION to Compel the Deposition of Tom Kilgore filed by Gary Topmiller, Charlotte Strandberg, Jerry Strandberg, Sandra Gupton, Pam Topmiller, Terry Gupton, Mary Margaret Blanchard, (142 in 3:09-cv-00014) MOTION to Compel The Deposition of Tom Kilgore filed by Levi Giltnane, Ian Cullen, Sabrina Cullen, Robert O Giltnane, Mary Giltnane, Giltnane Sales, LLC. Argument of counsel. TVA to supplement Mr. Kilgores affidavit and file any supplemental brief on or before April 11, 2010. Replies due on or before April 18, 2010. Matter under advisement. Order to follow. (Court Reporter Jolene Owen.) (Attachments: #1 Other) (NGW) |
Filing 119 ORDER granting #85 Motion to Amend and the Initial Case Management Order No. 1 is AMENDED to the extent stated in this Order. Signed by District Judge Thomas A Varlan on 3/18/10. (ABF) |
Filing 118 ORDER granting in part and denying in part (109) Motion to Strike Declaration of Anda Ray in case 3:09-cv-00009; granting in part and denying in part (107) Motion to Strike Declaration of Anda Ray in case 3:09-cv-00014; granting in part and denying in part (79) Motion to Strike Declaration of Anda Ray in case 3:09-cv-00048; granting in part and denying in part (90) Motion to Strike Declaration of Anda Ray in case 3:09-cv-00054; granting in part and denying in part (79) Motion to Strike Declaration of Anda Ray in case 3:09-cv-00064; granting in part and denying in part (142) Motion to Strike Declaration of Anda A. Ray in case 3:09-cv-00114. Signed by District Judge Thomas A Varlan on 3/8/10. (ABF, ) |
Filing 117 SUR-REPLY in Opposition re #108 MOTION to Amend Complaint to Add Parties filed by Tennessee Valley Authority. (Small, Edwin) Modified text on 2/12/2010 (ABF). |
Filing 116 ORDER granting TVA's #114 Motion for Leave to File Surreply. TVA is DIRECTED to file the supplemental reply within 2 days of the entry of this order. Signed by District Judge Thomas A Varlan on 2/11/10. (ABF) |
Filing 115 MOTION to Amend/Revise #108 MOTION to Amend Complaint to Add Parties by Anita Auchard(individually), Anita Auchard, Kristi Baker(individually), Kristi Baker, Sybil Ball, Freank Balzer, Patricia Balzer, Elaine Barnes, Jim Barnes, Rick A Barrett, Brian T Beaty, Tracy A Beaty, Jonathan W Bennett, Jeremy Bivens, Beverly Boling, Jimmy L Boling, Blaine Botkin, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Amy Brandon, Diane J Breiner, Fred J Breiner, Lance W Brimble, Sharon L Brock, Sandra G Brown, Vince Brown, Charles R Brumley, Jeffrey Bryant, Alexis Bryson, Cortney Bryson, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Charles Cates, Joyce Cates, Buffy K Clark(Individually), Buffy K Clark, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Catherine T Cowan, Ronald W Cowan, Justin K Cox, Glenn K Daniel, Shirley M Daniel, Christopher Daulton, Melissa Daulton, Clint Davis(Individually), Clint Davis, Robert M Doss, Jacqui L Doughty, Pat Doughty, Scott L Doughty(Individually), Scott L Doughty, Deborah L Driggers, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Thomas Ebert, Roger C Eckstrom, Shirley E Eckstrom, Doris S Edwards, Nancy Engman, Paul Engman, Judy M Forrester, Thomas J Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, James D Freeman, George B Fulton, MaryAnn E Fulton, Bob Gajewski, Janet Gajewski, Sharon Galloway, Elisa Gastineau, Michael Gastineau, Christina Giles(Individually), Christina Giles, Kurt Giles, Patrick Gough, Terri Gough, Terri Gough(Individually), William Gough, David Grunwell, Kathy Grunwell, Fred Guinn, Fred Guinn(Individually), Elisha Hall(Individually), Elisha Hall, Ellis R Hamby, Jonathan D Hamilton, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison(Individually), Matthew S Harrison, Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Tami Hines-Williams(Individually), Tami Hines-Williams, Delayne G Hooks(Individually), Delayne G Hooks, Ken R Hooks, Greg Hoskins, Kelly Hoskins, Susan Hutchinson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Greg Keskey, Fontaine B King, Dianna D Krupp, Julius J Krupp, Jr, Dustin B Ladd, Opal I Ladd, Joe C Lively, Marietha B Lively, Sheral D Lively, Teresa Lively, Travis Lively, Twilight Loy, Christopher Luffman(Individually), Christopher Luffman, Morris Marlow, Alice McDowell, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Angela L Melton, Jackie Melton, Carole A Michaels, Charli Michaels, Charli Michaels(Individually), Chad Miles, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Paul Nuckols, Paul Nuckols(Individually), Patricia Pankey, Thyrone Pankey, Donna L Pendasulo, John Pendasulo, Erik M Perez, Tony Perez, Charles L Phillips, Pamela J Phillips, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Patricia L Roberts, Steven R Roberts, Gary Rolen, Micah L Rusinek, Stanley R Rusinek, Mitchel Rutherford, James Ryan, Holly Schean(Individually), Holly Schean, Joan H Sheldon, Cynthia D Shillings, Marilyn Shillings, Mary E Simmon, A Ray Simon, Carol A Smith, Judy K Smith, Paul M Smith, Paul Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Alfred D Steimel, Sylvia A Steimel, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Jimmy D Stout, Rhonda F Stout, Peter M Stresen-Reuter, James - Summers, Justin D Tapp, Tina Tarter, Tina Tarter(Individually), Gary D Thomas, Dennis A Tollefson, Laurie Tollefson, Robert Trimmer, Brian Walker, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Michael Y Wollerman, Barry D Wright, Martha B Young, Robert D Young, Deborah A Zeckser. (Greenwald, Robin) Modified on 2/1/2010 to remove pdf. from the record. Filing is not a motion, but plaintiffs' Second Amended Complaint refiled, and leave of court has not yet been granted (AYB). |
Filing 114 MOTION for Leave to File Surreply by Tennessee Valley Authority. (Attachments: #1 Tendered Surreply)(Small, Edwin) |
Filing 113 REPLY to Response to Motion re #108 MOTION to Amend Complaint to Add Parties and to Request Punitive Damages filed by Plaintiffs. (Greenwald, Robin) Modified text on 1/27/2010 (ABF). |
Filing 112 ORDER granting Plaintiffs' #111 Motion for Extension of Time to File Reply in Support of Motion to Amend Complaint up to and including 1/26/10. Signed by District Judge Thomas A Varlan on 1/22/10. (ABF) |
Filing 111 MOTION for Extension of Time to File Reply to Defendant's Response in Opposition to Plaintiffs' Motion #108 to Amend Complaint to Add Parties by Plaintiffs. (Greenwald, Robin) Modified text on 1/20/2010 (ABF). |
Filing 110 RESPONSE in OPPOSITION to Plaintiffs' MOTION #108 to Amend Complaint to Add Parties by Defendants. (Attachments: #1 PHA Fact Sheet Summary)(Small, Edwin) Modified text on 1/11/2010 (ABF). |
Filing 109 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #41 MOTION to Dismiss MOTION for Summary Judgment by Tennessee Valley Authority filed by Tennessee Valley Authority. (Attachments: #1 Exhibit Letter to Plaintiffs' Counsel)(Marquand, Brent) |
Filing 108 MOTION to Amend Complaint to Add Parties filed by Plaintiffs. (Attachments: #1 Memorandum in Support of Motion to Amend. #2 Proposed Amended Complaint, #3 Affidavit)(Greenwald, Robin) (Main Document 108 replaced on 1/11/2010) (ABF, ). (Attachment 1 replaced on 1/11/2010) (ABF, ). (Attachment 2 replaced on 1/11/2010) (ABF, ). Modified documents and text on 1/11/2010 (ABF). |
Filing 107 Memorandum and ORDER denying (66) Motion to Stay in case 3:09-cv-00006; denying (112) Motion to Stay in case 3:09-cv-00009; denying (110) Motion to Stay in case 3:09-cv-00014; denying (82) Motion to Stay in case 3:09-cv-00048; denying (94) Motion to Stay in case 3:09-cv-00054; denying (82) Motion to Stay in case 3:09-cv-00064; denying (159) Motion to Stay in case 3:09-cv-00114. Signed by Magistrate Judge H Bruce Guyton on 12/15/09. (MGM) |
Filing 106 ORDER REFERRING MOTION: #94 MOTION to Stay Further Discovery Pending Resolution Of The Dispositive Motions On File filed by Tennessee Valley Authority referred to the Honorable H. Bruce Guyton, USMJ along with all future and subsequent motions and matters pertaining to discovery issues. Signed by District Judge Thomas A Varlan on 12/15/09. (ABF) Modified text on 1/12/2010 (ABF). |
Filing 105 ORDER granting Plaintiffs' #86 Motion for Permission to File Response to Defendant TVA's Motion to Dismiss or for Summary Judgment on Discretionary Function Immunity Out of Time. Because Plaintiffs have already filed their joint response, the Court will consider them as timely filed. All other deadlines per the Scheduling Order remain unchanged. Signed by District Judge Thomas A Varlan on 12/15/09. (ABF) |
Filing 104 RESPONSE re #103 Supplemental Brief Reporting New Decision Pursuant to Local Rule 7.1(d) by Tennessee Valley Authority. (Small, Edwin) Modified text on 12/9/2009 (ABF). |
Filing 103 SUPPLEMENTAL BRIEF to #82 Response in Opposition to Motion #41 to Dismiss, Motion for Summary Judgment by Plaintiffs. (Attachments: #1 Exhibit A)(Greenwald, Robin) Modified text on 12/3/2009 (ABF). |
Filing 102 REPLY to Response to Motion re #94 MOTION to Stay Further Discovery Pending Resolution Of The Dispositive Motions On File filed by Tennessee Valley Authority. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Collective Attachment 2-1, #3 Exhibit Collective Attachment 2-2, #4 Other Unpublished Authority)(Ayliffe, David) |
Filing 101 RESPONSE to #100 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF re #41 MOTION to Dismiss MOTION for Summary Judgment filed by Plaintiffs. (Attachments: #1 Exhibit A-State of CT v. AEP TVA 2nd Cir Opinion1.pdf)(Greenwald, Robin) Modified text on 9/25/2009 (ABF). |
Filing 100 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #41 MOTION to Dismiss MOTION for Summary Judgment by Tennessee Valley Authority filed by Tennessee Valley Authority. (Small, Edwin) |
Filing 99 AFFIDAVIT in Support re #94 MOTION to Stay Further Discovery Pending Resolution Of The Dispositive Motions On File filed by Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Greenwald, Robin) Modified text on 9/21/2009 (ABF). |
Filing 98 RESPONSE to Motion re #94 MOTION to Stay Further Discovery Pending Resolution Of The Dispositive Motions On File by Plaintiffs. (Greenwald, Robin) Modified text on 9/21/2009 (ABF). |
NOTICE to all parties and counsel of CANCELLATION of the motiong hearing originally scheduled for September 21, 2009, at 9:30 a.m. in related cases 3:09-cv-9, 3:09-cv-14, and 3:09-cv-114. (MGM) |
Filing 97 REPLY to Response to Motion re #90 MOTION to Strike #42 Declaration of Anda A. Ray MOTION to Strike #42 Declaration of Anda A. Ray Reply Memorandum in Support of Plaintiffs' Motion to Strike Declaration of Anda A. Ray filed by Anita Auchard(individually), Anita Auchard, Kristi Baker(individually), Kristi Baker, Sybil Ball, Freank Balzer, Patricia Balzer, Elaine Barnes, Jim Barnes, Rick A Barrett, Brian T Beaty, Tracy A Beaty, Jonathan W Bennett, Jeremy Bivens, Beverly Boling, Jimmy L Boling, Blaine Botkin, Daniel A Botkin, David L Botkin, Susan P Botkin, William H Botkin, Jackie E Boyd, Elizabeth A Bradford, Amy Brandon, Diane J Breiner, Fred J Breiner, Lance W Brimble, Sharon L Brock, Sandra G Brown, Vince Brown, Charles R Brumley, Jeffrey Bryant, Alexis Bryson, Cortney Bryson, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Charles Cates, Joyce Cates, Buffy K Clark(Individually), Buffy K Clark, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Catherine T Cowan, Ronald W Cowan, Justin K Cox, Glenn K Daniel, Shirley M Daniel, Christopher Daulton, Melissa Daulton, Clint Davis(Individually), Clint Davis, Robert M Doss, Jacqui L Doughty, Pat Doughty, Scott L Doughty(Individually), Scott L Doughty, Deborah L Driggers, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Thomas Ebert, Roger C Eckstrom, Shirley E Eckstrom, Doris S Edwards, Nancy Engman, Paul Engman, Judy M Forrester, Thomas J Forrester, Betty S Foy, Michael Foy, Emily Francis, Kent Francis, James D Freeman, George B Fulton, MaryAnn E Fulton, Bob Gajewski, Janet Gajewski, Sharon Galloway, Elisa Gastineau, Michael Gastineau, Christina Giles(Individually), Christina Giles, Kurt Giles, Patrick Gough, Terri Gough, Terri Gough(Individually), William Gough, David Grunwell, Kathy Grunwell, Fred Guinn, Fred Guinn(Individually), Elisha Hall(Individually), Elisha Hall, Ellis R Hamby, Jonathan D Hamilton, Charles E Hampton, Pamela M Hampton, Pamela M Hampton(Individually), Kim Harmon, Teresa Harmon, Carly K Harrison, Matthew S Harrison(Individually), Matthew S Harrison, Danny Hawn, Frankie L Hawn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Tami Hines-Williams(Individually), Tami Hines-Williams, Delayne G Hooks(Individually), Delayne G Hooks, Ken R Hooks, Greg Hoskins, Kelly Hoskins, Susan Hutchinson, Ernestine W Johnson, Jessica L Johnson, Sherry A Johnson, Tiffany N Johnson, Timmy D Johnson, Greg Keskey, Fontaine B King, Dianna D Krupp, Julius J Krupp, Jr, Dustin B Ladd, Opal I Ladd, Joe C Lively, Marietha B Lively, Sheral D Lively, Teresa Lively, Travis Lively, Twilight Loy, Christopher Luffman(Individually), Christopher Luffman, Morris Marlow, Alice McDowell, Terry W McKinney, Wanda K McKinney, Marty R McPeter, Michael Q McPeter, Angela L Melton, Jackie Melton, Carole A Michaels, Charli Michaels, Charli Michaels(Individually), Chad Miles, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Paul Nuckols, Paul Nuckols(Individually), Patricia Pankey, Thyrone Pankey, Donna L Pendasulo, John Pendasulo, Erik M Perez, Tony Perez, Charles L Phillips, Pamela J Phillips, Katrina Poland, Katrina Poland(Individually), Kelvin Poland, Joel A Prince, Mary A Prince, Brenna Reed, Demond M Reed, Bruce Renzo, Karen Renzo, Stephen K Renzo, Stephen K Renzo(Individually), John V Riccio, Patricia L Roberts, Steven R Roberts, Gary Rolen, Micah L Rusinek, Stanley R Rusinek, Mitchel Rutherford, James Ryan, Holly Schean(Individually), Holly Schean, Joan H Sheldon, Cynthia D Shillings, Marilyn Shillings, Mary E Simmon, A Ray Simon, Carol A Smith, Judy K Smith, Paul M Smith, Paul Smith, Victoria Smith, Richard W Snow, Tina S Snow, Tina S Snow(Individually), Kathy F Snyder, William C Snyder, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Alfred D Steimel, Sylvia A Steimel, Deborah S Stiles, Elizabeth M Stone, Eric M Stone(Individually), Eric M Stone, Jimmy D Stout, Rhonda F Stout, Peter M Stresen-Reuter, James - Summers, Justin D Tapp, Tina Tarter, Tina Tarter(Individually), Gary D Thomas, Dennis A Tollefson, Laurie Tollefson, Robert Trimmer, Brian Walker, Orville E Wann, Susan L Wann, James F Webb, Terina Webb, Sharon Wheeler, William S Wheeler, Crystal R White, Crystal R White(Individually), Michael - White, Michael - White(Individually), Mark Whitlock, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, Dwayne M Wilds, Karen Wilds, De'Lano Williams, Michael Y Wollerman, Barry D Wright, Martha B Young, Robert D Young, Deborah A Zeckser. (Greenwald, Robin) |
Filing 96 RESPONSE in Opposition re #90 MOTION to Strike #42 Declaration of Anda A. Ray filed by Tennessee Valley Authority. (Attachments: #1 Exhibit 1, Organizational chart)(Marquand, Brent) Modified text on 9/8/2009 (ABF). |
Filing 95 MEMORANDUM in Support of Motion re #94 MOTION to Stay Further Discovery Pending Resolution Of The Dispositive Motions On File filed by Tennessee Valley Authority. (Ayliffe, David) |
Filing 94 MOTION to Stay Further Discovery Pending Resolution Of The Dispositive Motions On File by Tennessee Valley Authority. (Ayliffe, David) |
Filing 93 NOTICE of Appearance by David D Ayliffe on behalf of Tennessee Valley Authority (Ayliffe, David) |
Filing 92 AFFIDAVIT in Support re #41 MOTION to Dismiss MOTION for Summary Judgment (Declaration of Gary R. Nelson) filed by Tennessee Valley Authority. (Attachments: #1 Photograph, #2 Photograph, #3 Photograph)(Small, Edwin) |
Filing 91 REPLY to Response to Motion re #41 MOTION to Dismiss MOTION for Summary Judgment filed by Tennessee Valley Authority. (Attachments: #1 Volume I of I)(Small, Edwin) |
Filing 90 MOTION to Strike #42 Declaration of Anda A. Ray by plaintiffs. (Attachments: #1 Exhibit A - Declaration of Anda A. Ray, #2 Exhibit B - Deposition of Anda A. Ray, #3 Exhibit C - Proposed Order) (Greenwald, Robin) Modified text on 8/26/2009 (AYB). |
COURTESY NOTICE of hearing on Motion for Order Under Rule 23(d) Regarding TVA's Proposed Medical Testing Plan set for 9/21/09 at 1:30 p.m before the Honorable H. Bruce Guyton, USMJ. (The Hearing is only set in cases 3:09-cv-9, 3:09-cv-14 and 3:09-cv-114, where the motion was filed) (ANB |
Filing 89 ORDER granting Plaintiffs' #88 Motion to Withdraw Brief. The Clerk is DIRECTED to remove plaintiffs' 81 Response in Opposition to TVA's Discretionary Function Motion from the electronic case filing system. Signed by District Judge Thomas A Varlan on 8/12/09. (ANB) |
Filing 88 MOTION to Withdraw Brief by Plaintiffs. (Greenwald, Robin) Modified text on 8/10/2009 (ANB). |
Filing 87 REPLY to Response to Motion re #58 MOTION to Strike Jury Demand MOTION to Dismiss All Claims for Punitive Damages filed by Tennessee Valley Authority. (Attachments: #1 Excerpts, Federal Fleet Report)(Small, Edwin) |
Filing 86 MOTION for Extension of Time to File Response in Opposition to Defendant TVA's Motion to Dismiss or for Summary Judgment on Discretionary Function Immunity Out of Time by Plaintiffs. (Greenwald, Robin) Modified text on 8/4/2009 (ANB). |
Filing 84 PLAINTIFFS' EXHIBITS 21-40 in Support of #82 RESPONSE in Opposition re #41 MOTION to Dismiss MOTION for Summary Judgment. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29, #10 Exhibit 30, #11 Exhibit 31, #12 Exhibit 32, #13 Exhibit 33, #14 Exhibit 34, #15 Exhibit 35, #16 Exhibit 36, #17 Exhibit 37, #18 Exhibit 38, #19 Exhibit 39, #20 Exhibit 40)(Greenwald, Robin) Modified text on 8/3/2009 (ANB). |
Filing 83 PLAINTIFFS' EXHIBITS 6-20 in Support of #82 RESPONSE in Opposition re #41 MOTION to Dismiss MOTION for Summary Judgment. (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13, #9 Exhibit 14, #10 Exhibit 15, #11 Exhibit 16, #12 Exhibit 17, #13 Exhibit 18, #14 Exhibit 19, #15 Exhibit 20)(Greenwald, Robin) Modified text on 8/3/2009 (ANB). |
Filing 82 RESPONSE in Opposition re #41 MOTION to Dismiss MOTION for Summary Judgment and in Support of TVA's Motion to Dismiss the Inverse Condemnation Claims in Blanchard, Raymond and Scofield filed by Plaintiffs. (Attachments: #1 Appendix Index of Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Greenwald, Robin) Modified text on 8/3/2009 (ANB). |
Filing 81 RESPONSE in Opposition re #41 TVA's Discretionary Function Motion filed by Plaintiffs. (Greenwald, Robin) Modified text on 8/3/2009 (ANB). Modified on 8/12/2009 to remove pdf from record per Order #89 (ANB). |
Filing 85 JOINT MOTION to Amend #45 Initial Case Management Order No. 1 Regarding Brief Page Limits on Defendant TVA's Discretionary Function Immunity and Inverse Condemnation Motion. (Attachments: #1 Text of Proposed Order)(ANB) |
Filing 80 ORDER that each joint filing shall list all cases to which it applies and shall include the signature of at least one attorney representing each party joining in the filing. An attorney representing each party joining in the filing must timely file the joint document in his or her clients' case in the electronic filing system (CM/ECF). This procedure eliminates the need for the joining parties to file a motion for joinder and for the Court to grant such motion and ensures that all appropriate filings will appear in the record of each case. Failure to comply with this order may result in a party's filing not being considered. Signed by District Judge Thomas A Varlan on 7/17/09. (ANB) |
Filing 79 DECLARATION OF PAUL BRANDES in Opposition re #58 MOTION to Strike Jury Demand MOTION to Dismiss filed by Plaintiffs. (Attachments: #1 Exhibit 1)(ANB) |
Filing 78 DECLARATION OF ELIZABETH ALEXANDER in Opposition re #58 MOTION to Strike Jury Demand MOTION to Dismiss filed by Anita Auchard(individually). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(ANB) |
Filing 77 RESPONSE in Opposition re #58 MOTION to Strike Jury Demand MOTION to Dismiss filed by Plaintiffs. (ANB) |
Filing 76 ORDER granting #74 Motion for Joinder. The Clerk is DIRECTED to file Plaintiffs' Opposition to Defendant's Motion to Dismiss All Claims for Punitive Damages Against TVA and to Strike All Jury Demands Against TVA and the Declarations of Elizabeth Alexander and Paul Brandes in each of the cases. Signed by District Judge Thomas A Varlan on 7/17/09. (ANB) |
Filing 75 ORDER granting #56 plaintiff Larry Mays's Motion for Late Joinder in Previously-Filed Joint Agreed Motion to Amend Initial Case Management Order No. 1 Regarding Briefing Schedule on Defendant TVA's Discretionary Function Immunity Motion. The deadlines reflected in Section III.A of Initial Case Management Order No. 1 (Document 56) are hereby amended such that the deadline for Plaintiffs to file their opposition brief on discretionary function immunity and inverse condemnation shall now be July 31, 2009, and Defendant, TVA's deadline for filing its reply brief shall now be August 29, 2009. The briefing schedule for all other pending motions shall remain unchanged. Signed by District Judge Thomas A Varlan on July 13, 2009 nunc pro tunc July 10, 2009. (AYB) |
Filing 74 MOTION for Joinder PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS ALL CLAIMS FOR PUNITIVE DAMAGES AGAINST TVA AND TO STRIKE ALL JURY DEMANDS AGAINST TVA by Plaintiffs. (Greenwald, Robin) Modified text on 7/14/2009 (ANB). |
Filing 73 ORDER finding that the best course of action at this time is to denywithout prejudice the defendant's #22 MOTION for Discovery Order Regarding Voicemail Preservation to the extent that it seeks relief as to the Historical Voicemails. Thus, to the extent that the defendant's motion seeks relief from ongoing preservation obligations as to future voicemails, the motion was GRANTED in part via the Court's May 1, 2009, #53 Order, and to the extent that the defendant also seeks relief as to the preservation and/or production of Historical Voicemails, the defendant's #22 motion is DENIED in part without prejudice to refile should the parties be unable to reach agreement. (MGM) |
Filing 72 DECLARATION of Service for Subpoena to Produce Documents served on Parsons Corporation on 6/8/09, filed by Plaintiffs. (ANB) |
Filing 70 ORDER granting Joint Motion to Amend Initial Case Management Order No. 1 Regarding Briefing Schedule on Defendant, TVA's Discretionary Function Immunity Motion. Signed by District Judge Thomas A Varlan on 7/6/09. (Motion not filed in this case but referenced on the Motion and Order)(ANB) |
Filing 71 Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton: Telephone Conference held on 7/6/2009. (DCP, ) Modified on 7/6/2009 (DCP, ). |
Filing 67 Certificate of Service to Plaintiffs' Pre-Conference Summary (Greenwald, Robin) Modified text on 7/2/2009 (ANB). |
Filing 66 PLAINTIFFS PRE-CONFERENCE SUMMARY (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B Part I, #3 Exhibit Exhibit B Part II, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G)(Greenwald, Robin) Modified text on 7/2/2009 (ANB). |
Filing 69 DECLARATION of Acceptance of Service filed by Plaintiffs; Subpoena accepted by Stephen Neeley, Manager of Communications for Geosyntec Consultants.(ANB) |
Filing 68 AFFIDAVIT of Service for Subpoena served on Stephen Neeley, Communications Manager for Geosyntec Consultants, Inc. on 6/9/09, filed by Plaintiffs. (ANB) |
Filing 65 AGREED PROTECTIVE ORDER. Signed by District Judge Thomas A Varlan on 6/25/09. (ANB) |
Filing 64 STATUS REPORT Regarding Historical Voice Mail Review and Production by Anita Auchard(individually). (Alexander, Elizabeth) |
Filing 63 MOTION for Agreed Protective Order by Tennessee Valley Authority. (Attachments: #1 Agreed Protective Order)(Ward, Elizabeth) Modified text on 6/12/2009 (ANB). |
Filing 62 NOTICE of Appearance by James S Chase on behalf of Tennessee Valley Authority (Chase, James) |
Filing 61 ORDER Establishing Preservation Plan for Documents and Electronically Stored Information. Signed by Magistrate Judge H Bruce Guyton on 5/21/09. (MGM) |
Filing 60 ORDER DIRECTING parties if they have not done so already, to meet and confer as to the review and production of Historical Voicemails and to file a joint status report with the Court on or before June 15, 2009. Signed by Magistrate Judge H Bruce Guyton on 5/21/09.(MGM) |
Filing 59 MEMORANDUM in Support of Motion re #58 MOTION to Dismiss all Punitive Damages against TVA and MOTION to Strike Jury Demand filed by Tennessee Valley Authority. (Attachments: #1 Unreported Decisions)(Small, Edwin) Modified text on 5/22/2009 (ANB). |
Filing 58 MOTION to Dismiss all Claims for Punitive Damages against TVA and MOTION to Strike Jury Demand by Tennessee Valley Authority. (Small, Edwin). Added MOTION to Dismiss on 5/22/2009 (ANB). Modified text on 8/3/2009 (ANB). |
Filing 57 NOTICE to Take Deposition of TVA Re: Alleged Discretionary Funtion: Financial Management and Disclosure Issues by Plaintiffs.(Greenwald, Robin) Modified text on 5/11/2009 (ANB). |
Filing 56 NOTICE to Take Deposition of TVA Re: Alleged Discretionary Function: Operations and Maintenance of Kingston Fossil Fuel Plant and Decision Making Process by Plaintiffs. (Greenwald, Robin) Modified text on 5/11/2009 (ANB). |
Filing 55 NOTICE to Take Deposition of TVA Regarding Alleged Discretionary Function: Permits, Policies abd Protocols by Plaintiffs.(Greenwald, Robin) Modified text on 5/11/2009 (ANB). |
Filing 54 JOINT Reply to TVA's Response to Plaintiffs' Preservation Plan and Plaintiffs' Revised Proposed Plan. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit 1, #3 Other Declaration of Elizabeth A. Alexander in Support of Plaintiffs' Reply to TVA's Response to Preservation Plan, #4 Other Certificate of Service)(Greenwald, Robin) Modified text on 5/8/2009 (ANB). |
Filing 53 ORDER that the Interim Order governing the preservation of evidence is hereby modified as follows: The parties will not be required to retain telephone voicemail recordings left by the caller on or after May 1, 2009. The parties' preservation duties as to voicemails left prior to May 1, 2009, remain unchanged. The Court will address in due course procedures for handling voicemails recorded prior to May 1, 2009. Signed by Magistrate Judge H Bruce Guyton on 5/1/09. (ANB) |
Filing 52 ORDER granting plaintiff's #51 Emergency Motion to Strike Defendant TVA's Response to Plaintiffs' Newly Devised Preservation Plan to the extent that the plaintiffs shall be allowed to file a reply to the defendants response. Suchreply shall be due on or before May 7, 2009. Signed by Magistrate Judge H Bruce Guyton on 4/30/09. (MGM) |
Filing 51 Emergency MOTION to Strike Defendant TVA's Response to Plaintiffs' Newly Devised Preservation Plan by Plaintiffs. (Attachments: #1 Memorandum in Support of Motion to Strike Defendant TVA's Response to Plaintiffs' Newly Devised Preservation Plan, #2 Proposed Order) (Greenwald, Robin) Modified text on 4/30/2009 (ANB). |
Filing 50 NOTICE by Tennessee Valley Authority TVA's Response to Plaintiffs' Newly Devised Preservation Plan (Ward, Elizabeth) |
Filing 49 PLAINTIFFS' CERTIFICATE OF SERVICE (Greenwald, Robin) Modified text on 4/23/2009 (ANB). |
Filing 48 Plaintiffs' Joint Notice of Status of Preservation Plan and Request for Entry of Plaintiffs Plan (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Greenwald, Robin) Modified text on 4/22/2009 (ANB). |
Filing 47 NOTICE by Tennessee Valley Authority of Failure to Reach Agreement on Preservation Plan (Attachments: #1 Other, #2 Other)(Esteban, Amor) |
Filing 46 (Case at Issue) NOTICE of Availability of Magistrate Judge Consent Form. (ANB) |
Filing 45 INITIAL CASE MANAGEMENT ORDER NO. 1. Signed by District Judge Thomas A Varlan on 4/17/09. (ANB) |
Filing 44 MEMORANDUM in Support of Motion re #41 MOTION to Dismiss or MOTION for Summary Judgment filed by Tennessee Valley Authority. (Attachments: #1 Volume I of II, #2 Volume II of II)(Ward, Elizabeth) Modified text on 4/20/2009 (ANB). |
Filing 43 DECLARATION OF HAROLD L. PETTY in Support re #41 MOTION to Dismiss or MOTION for Summary Judgment filed by Tennessee Valley Authority. (Ward, Elizabeth) Modified text on 4/20/2009 (ANB). |
Filing 42 DECLARATION OF ANDA A. RAY in Support re #41 MOTION to Dismiss or MOTION for Summary Judgment filed by Tennessee Valley Authority. (Ward, Elizabeth) Modified text on 4/20/2009 (ANB). |
Filing 41 MOTION to Dismiss or MOTION for Summary Judgment by Tennessee Valley Authority. (Ward, Elizabeth) Modified text on 4/20/2009 (ANB). |
Filing 40 AMENDED COMPLAINT against Defendants, filed by Plaintiffs.(Greenwald, Robin) Modified text on 4/20/2009 (ANB). |
Filing 39 ORDER: The parties shall have until and including April 21, 2009, to perform one of the following: (1) file an agreed proposed order addressing the retentionof evidence, or (2) file a notice advising the Court that complete agreement could not be reached and setting forth the issues as to which agreement has been reached, as well as describing the remaining areas of contention. Signed by Magistrate Judge H Bruce Guyton on 4/16/2009. (KMK) |
Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on April 9, 2009, before Judge Thomas Varlan. Court Reporter/Transcriber Netta Kocuba, Telephone number (865) 524-4590. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.tned.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/1/2009. Redacted Transcript Deadline set for 5/11/2009. Release of Transcript Restriction set for 7/9/2009. (AYB) |
Filing 37 Minute Entry for Status Conference held on April 9, 2009 before District Judge Thomas A Varlan and Magistrate Judge H. Bruce Guyton. (Court Reporter: Netta Kocuba) (JAN, Courtroom Deputy) |
Filing 36 NOTICE by Tennessee Valley Authority Notice of Filing Proposed Case Management Orders (Attachments: #1 Exhibit Joint [Proposed] Initial Case Management Order No. 1, #2 Exhibit Joint [Proposed] Case Management Order No. 2B - Individual Cases)(Sherk, John) |
Filing 35 RESPONSE of TVA to the Late-Filed Declaration of Dennis York. (Attachments: #1 Affidavit Second Declaration of David W. Baker)(Ward, Elizabeth) |
Filing 34 NOTICE by Tennessee Valley Authority Reported Unexplained Disappearance of Potentially Discoverable Saved Voicemail (Shea, Peter) |
Filing 33 ORDER granting Plaintiffs' #32 Motion for Lemuel M. Srolovic to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 3/26/09. C/M (ANB) |
ECF Requirement Letter mailed to Lemuel Srolovic with a copy of Order #33 granting pro hac vice motion. (ANB) |
Filing 31 ORDER granting Plaintiffs' #29 Motion for Hadley Matarazzo to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 3/25/09. (Copy mailed to Hadley Matarazzo) (ANB) |
ECF Requirement Letter mailed to Hadley Matarazzo along with the Order #31 granting the Pro Hac Vice motion. (ANB) |
Filing 30 Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton: Motion Hearing held on 3/24/2009 re (34 in 3:09-cv-00014) MOTION for Discovery Order Regarding Voicemail Preservation filed by Tennessee Valley Authority, (17 in 3:09-cv-00048) MOTION for Discovery Order Regarding Voicemail Preservation filed by Tennessee Valley Authority, (19 in 3:09-cv-00064) MOTION for Discovery Order Regarding Voicemail Preservation filed by Tennessee Valley Authority, (18 in 3:09-cv-00006) MOTION for Discovery Order Regarding Voicemail Preservation filed by Tennessee Valley Authority, (22 in 3:09-cv-00054) MOTION for Discovery Order Regarding Voicemail Preservation filed by Tennessee Valley Authority, (31 in 3:09-cv-00009) MOTION for Discovery Order Regarding Voicemail Preservation filed by Tennessee Valley Authority. Court heard argument of counsel. Defendant to produce organizational chart to plaintiffs on or before March 31, 2009. Counsel for Giltnane plaintiffs advised the Court that they would be filing a notice from an expert witness as to the instant motion. As soon as possible, but no later than two business days after the filing of such notice, defendant TVA shall advise chambers whether itwishes to file a response as to the notice. After the Court has received the filings of the parties, it will take the motion under advisement.Court Reporter: Jolene Owen. (JDH) |
Filing 29 MOTION for Hadley Matarazzo to Appear Pro Hac Vice (Filing fee $ 60 PAID, Receipt #K3010203.) by Plaintiffs w/ certificate of good standing attached. (ANB) |
Filing 32 MOTION for Lemuel Srolovic to Appear Pro Hac Vice (Filing fee $ 60 PAID, Receipt #K3010198.) by Plaintiffs. (Attachments: #1 Certificate of Good Standing)(ANB) |
Filing 28 REPLY to Response to Motion re #22 MOTION for Discovery Order Regarding Voicemail Preservation filed by Tennessee Valley Authority. (Attachments: #1 Exhibit Collective Exhibit 1)(Shea, Peter) |
Filing 27 RESPONSE to Motion re #22 MOTION for Discovery Order Regarding Voicemail Preservation filed by Anita Auchard, Anita Auchard(individually), Kristi Baker(individually), Kristi Baker, Sybil Ball, Elaine Barnes, Jim Barnes, Rick A Barrett, Brian T Beaty, Tracy A Beaty, Elizabeth A Bradford, Amy Brandon, Diane J Breiner, Fred J Breiner, Lance W Brimble, Jeffrey Bryant, Alexis Bryson, Cortney Bryson, James M Burnette, Sandra P Burnette, Audy L Byrd, Debra L Byrd, Charles Cates, Joyce Cates, Buffy K Clark(Individually), Buffy K Clark, Gisela Condon, James B Condon, Jason Conway, Rebecca Conway, Jacqui L Doughty, Pat Doughty, Scott L Doughty(Individually), Scott L Doughty, Lea Duncan, Luke Duncan, Ron Duncan, Samara Duncan, Doris S Edwards, Nancy Engman, Paul Engman, Bob Gajewski, Janet Gajewski, Elisa Gastineau, Michael Gastineau, David Grunwell, Kathy Grunwell, Fred Guinn(Individually), Fred Guinn, Steven L Hay, Susan R Hay, Dollie Hendrickson, Tami Hines-Williams(Individually), Tami Hines-Williams, Greg Hoskins, Kelly Hoskins, Susan Hutchinson, Twilight Loy, Christopher Luffman(Individually), Christopher Luffman, Alice McDowell, Angela L Melton, Jackie Melton, Marilyn Mitchell, Thomas Mitchell, Jr(Individually), Thomas Mitchell, Jr, Erik M Perez, Tony Perez, Charles L Phillips, Pamela J Phillips, Bruce Renzo, Stephen K Renzo(Individually), Stephen K Renzo, John V Riccio, Micah L Rusinek, Mitchel Rutherford, Judy K Smith, Paul Smith, Victoria Smith, Denise J Sorensen, Wayne P Sorensen, Christine K Sosnowicz, Harry Sosnowicz, Alfred D Steimel, Sylvia A Steimel, Deborah S Stiles, Elizabeth M Stone, Eric M Stone, Eric M Stone(Individually), Peter M Stresen-Reuter, Gary D Thomas, Robert Trimmer, Brian Walker, James F Webb, Terina Webb, Keith Wicks-Pelfrey, Pennie Wicks-Pelfrey, De'Lano Williams, Deborah A Zeckser. (Attachments: #1 Exhibit Exhibit 1 to Ps' Consolidated Response to TVA's Motion for Order Seeking Relief From Evidence Preservation Order Re: Voicemails)(Greenwald, Robin) |
Filing 26 ORDER REFERRING MOTION: #22 MOTION for Discovery Order Regarding Voicemail Preservation filed by Tennessee Valley Authority referred to the Honorable H. Bruce Guyton, USMJ.Signed by District Judge Thomas A Varlan on 3/20/09. (ANB) |
Filing 25 Declaration of David W. Baker in Support of #22 MOTION for Discovery Order Regarding Voicemail Preservation filed by Tennessee Valley Authority. (Ward, Elizabeth) Modified text on 3/16/2009 (AYB). |
Filing 24 Declaration of David D. Ayliffe in Support of #22 MOTION for Discovery Order Regarding Voicemail Preservation filed by Tennessee Valley Authority. (Ward, Elizabeth) Modified text on 3/16/2009 (AYB). |
Filing 23 MEMORANDUM in Support of Motion re #22 MOTION for Discovery Order Regarding Voicemail Preservation filed by Tennessee Valley Authority. (Ward, Elizabeth) |
Filing 22 MOTION for Discovery Order Regarding Voicemail Preservation by Tennessee Valley Authority. (Ward, Elizabeth) |
Filing 21 ORDER granting #20 plaintiffs' Motion for Attorney Robin L. Greenwald to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on March 13, 2009. (copy mailed to Ms. Greenwald) (AYB) |
Filing 20 MOTION for Robin Greenwald to Appear Pro Hac Vice (Filing fee $ 60 PAID; Receipt #K3010000.) by Plaintiffs. (Attachments: #1 Certificate of Good Standing)(ANB) |
Filing 19 ORDER granting #15 #16 #17 #18 defendant's Motions for Mark Anstoetter, David R. Erickson, John K. Sherk, and Amor A. Esteban to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on March 6, 2009. (copies mailed to these attorneys) (AYB) |
NOTICE of Hearing: Motion Hearing set for 3/24/2009 01:30 PM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton. (MGM) |
Filing 18 MOTION for Leave to Appear Pro Hac Vice by Amor A. Esteban ( Filing fee $ 60 receipt number 0649-1128637.) by Tennessee Valley Authority. (Ward, Elizabeth) |
Filing 17 MOTION for Leave to Appear Pro Hac Vice by John K. Sherk ( Filing fee $ 60 receipt number 0649-1128630.) by Tennessee Valley Authority. (Ward, Elizabeth) |
Filing 16 MOTION for Leave to Appear Pro Hac Vice by David R. Erickson ( Filing fee $ 60 receipt number 0649-1128617.) by Tennessee Valley Authority. (Ward, Elizabeth) |
Filing 15 MOTION for Leave to Appear Pro Hac Vice by Mark D. Anstoetter ( Filing fee $ 60 receipt number 0649-1128611.) by Tennessee Valley Authority. (Ward, Elizabeth) |
Filing 13 ORDER that the portion of the Memorandum and Order regarding the interim preservation of evidence entered in Giltnane et al. v. TVA, Case No. 3:09-cv-14, on January 30, 2009 [doc. 14] is ADOPTED and it it now applicable to all named cases until the Court approves the parties' proposed permanent plan or the Court enters another plan providing for the preservation of evidence. The parties are DIRECTED to meet and confer and develop a joint proposed plan. A Status Conference is set for 4/9/2009 02:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan to resolve any disputes and make any appropriate changes to the proposed plan based upon the Court's input or input received from the parties.Signed by District Judge Thomas A Varlan on 2/27/09. (ANB) Modified on 2/27/2009 to indicate copy mailed to non-ECF Attorneys (ANB). |
Filing 14 Minute Entry for Scheduling Conference held on February 26, 2009 before District Judge Thomas A Varlan and Magistrate Judge H. Bruce Guyton: Scheduling conference held to discuss certain scheduling matters. The parties are DIRECTED to meet and confer and develop a joint proposed plan on or before March 31, 2009 and a hearing is set for April 9, 2009 at 2:00 p.m. in order to resolve any disputes and make any appropriate changes to the proposed plan based upon the Courts input or input received from the parties. ( Status Conference set for 4/9/2009 02:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan). (Court Reporter: Jolene Owen.) (JAN, Courtroom Deputy) |
Filing 12 NOTICE of Appearance by Elizabeth A Ward on behalf of Tennessee Valley Authority (Ward, Elizabeth) |
Filing 11 NOTICE of Appearance by Edwin W Small on behalf of Tennessee Valley Authority (Small, Edwin) |
Filing 10 NOTICE of Appearance by Peter K Shea on behalf of Tennessee Valley Authority (Shea, Peter) |
Filing 9 NOTICE of Appearance by Brent R Marquand on behalf of Tennessee Valley Authority (Marquand, Brent) |
NOTICE of LOCATION CHANGE FOR SCHEDULING CONFERENCE: Please take Notice that the location of the Scheduling Conference scheduled for hearing Thursday, February 26, at 2:00 p.m., in Courtroom 3C, has changed. This hearing will be held in the 4th Floor Courtroom - Knoxville before District Judge Thomas A Varlan. (JAN, ) |
Filing 8 SUMMONS Returned Executed by Plaintiffs. Tennessee Valley Authority served on 2/19/09. (ANB) |
Filing 7 SUMMONS Returned Executed by Plaintiffs. Tennessee Valley Authority through the U.S. Attorney's Office served on 2/19/2009. (ANB) |
Filing 6 ORDER granting Plaintiffs' #3 Motion for Edward S. Ryan to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 2/19/09. (Copy mailed to Plaintiffs' Attorneys) (ANB) |
Filing 5 ORDER granting Plaintiffs' #4 Motion for Roger T. May to Appear Pro Hac Vice. Signed by District Judge Thomas A Varlan on 2/19/09. (Copy mailed to plaintiffs' attorneys) (ANB) |
Set Hearing pursuant to #2 Order: Scheduling Conference set for 2/26/2009 02:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (KMK) |
Filing 4 MOTION for Leave to Appear Pro Hac Vice filed by Roger T. May. (Filing fee $ 60) Receipt K3009931 (KAW) |
Filing 3 MOTION for Leave to Appear Pro Hac Vice filed by Edward S. Ryan (Filing fee $ 60) Receipt K3009932 (KAW) |
Filing 2 MEMORANDUM AND ORDERFinding this case is sufficiently related to the previously filed case of Mays v. TVA, 3:09-cv-06 (Varlan/Guyton), that this case should also be assigned to District Judge Thomas A. Varlan and Magistrate Judge H. Bruce Guyton. However, Consolidation is not ordered.Additionally, the parties are advised that a joint scheduling conference, involving this case and four other related cases, has been scheduled before Judge Varlan in Courtroom 3C for February 26, 2009 at 2:00 pm.Signed by Magistrate Judge H Bruce Guyton on 02/18/2009. (KAW) Modified on 2/19/2009 (KMK): Copy mailed to plaintiffs' attorneys |
Filing 1 COMPLAINT against Tennessee Valley Authority (Filing fee $ 350), filed by all Plaintiffs (Attachments: #1 Civil Cover Sheet)(KAW) Modified on 2/19/2009 (KMK): to correct text |
Filing fee: $ 350, receipt number K3009930 (KAW) |
Summons Issued as to Tennessee Valley Authority, U.S. Attorney and U.S. Attorney General (KAW) |
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