Hunley v. Glencore, LTD, Inc et al
| Jeremiah Hunley |
| Glencore, LTD, Inc, East Tennessee Zinc Company, Inc, Tennessee Zinc Services Company, LLC, Sandvik and Construction U.S.A., LLC, Sandvik Mining and Construction Oy and Detroit Diesel |
| 3:2010cv00455 |
| October 25, 2010 |
| US District Court for the Eastern District of Tennessee |
| Knoxville Office |
| Anderson |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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Filing
251
ORDER granting 227 Motion to Amend Intervening Complaint. The Clerk of Court SHALL ENTER the proposed Amended Intervening Complaint of Commerce and Industry Insurance Company, Inc., [227-1], in the record.Signed by Magistrate Judge H Bruce Guyton on 09/30/2013. (KAW) (c/m to W. Troy Hart and Eliot Lauer.)
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Filing
226
ORDER granting in part and denying in part 203 Motion to Compel. Defendants SHALL ANSWER Requests for Admission Nos. 12, 13, 14, 15, and 30in a manner consistent with Rule 36 on or before September 20, 2013. ETZ SHALL PRODUCE any documents that are responsive to Requests for Production Nos. 2 and 3 and are in its control, regardless of whether these documents can also be obtained through a third-party agency. This production shall be completed on or before September 20, 2013.Signed by Magistrate Judge H Bruce Guyton on 09/06/2013. (KAW)
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Filing
225
MEMORANDUM AND ORDER 196 granting MOTION to Compel. Mr. Charlie York is ORDERED to appear at the office of Baker, Donelson, Bearman, Caldwell & Berkowitz, 265 Brookview Centre Way, Suite 600, Knoxville, TN, 37919, at 11:00 a.m. on September 25, 2013, to offer testimony and produce documents as stated in the subpoena previously served upon him. Mr. Yorks failure to attend may result in imposition of appropriate sanctions, which may include Mr. York being held in contempt of co urt. See Fed. R. Civ. P. 37(b).The Clerk of Court SHALL SERVE a copy of this Memorandum and Order and a copy of the subpoena 205 on Mr. York, via certified mail with signature confirmation. If Defendant Glencore has not yet tendered fees for one days attendance and mileage to Mr. York, it SHALL TENDER the fees and mileage immediately.Signed by Magistrate Judge H Bruce Guyton on 09/05/2013. (c/m certified mail to Mr. York)(KAW)
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Filing
223
ORDER The Court finds that the oral motion for order of referral is well-taken, and it is GRANTED. The parties are ORDERED to mediate this case a second time, in good faith in an attempt to settle this case. The mediation must take place on or before October 4, 2013. The instant Order does not modify or change any of the pending dates or deadlines in this case.Signed by Magistrate Judge H Bruce Guyton on 09/04/2013. (KAW) (c/m to Eliot Lauer and W. Troy Hart)
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Filing
180
ORDER Regarding Discovery Disputes as set forth more fully herein.Signed by Magistrate Judge H Bruce Guyton on 08/06/2013. (KAW)
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Filing
143
ORDER that the Plaintiff is ORDERED to sit for a supplemental deposition, no longer than four hours in length, on or before July 19, 2013. During this deposition, the Plaintiff shall be given leave for breaks as needed. If the parti es cannot agree on a date and time for this deposition to take place, they SHALL CONTACT the chambers of the undersigned on or before July 5, 2013, and the Court will set the date/time. Finally, the Court ADMONISHES the parties to conduct this deposi tion and all discovery in this case with civility and the utmost professionalism. The Court will not tolerate future failures to comply with the Federal Rules of Civil Procedure, and the Court will impose sanctions under Rule 37 of the Federal Rules of Civil Procedure, including inter alia civil contempt, if appropriate.Signed by Magistrate Judge H Bruce Guyton on 6/25/13. (ABF)
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Filing
130
ORDER that the Plaintiff's request to perform the tests described as Tests C, F, and H, made pursuant to Rule 34 of the Federal Rules of Civil Procedure is QUASHED. The other test proposed by the Plaintiff are resolved consistent with the parties' agreement. Signed by Magistrate Judge H Bruce Guyton on 4/17/13. (ABF)
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Filing
105
ORDER denying 83 Defendant East Tennessee Zinc Company, LLC's Motion to Dismiss; denying as premature 85 Defendant Glencore Ltd.'s Motion to Dismiss for Failure to State a Claim; denying as repetitious and unnecessary 91 93 95 Sandvik Mining and Construction USA, LLC, Sandvik Mining and Construction OY, and Detroit Diesel Corporation's Motions for Entry of Judgment under Rule 54(b). Signed by District Judge Thomas W Phillips on November 26, 2012. (AYB)
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Filing
71
ORDER granting the motions filed by Defendants Sandvik Construction and Mining USA, LLC 10 , Sandvik Construction and Mining Oy, LLC 34 , and Detroit Diesel Corporation 23 to dismiss Plaintiff's claims as barred by the appl icable Tennessee statute of limitations, and said defendants are DISMISSED from this action. Defendant Tennessee Zinc Services Company, LLC and East Tennessee Zinc Company, LLC's motion to dismiss 20 and Defendant Glencore Ltd., LLC's mot ion to dismiss 31 are GRANTED IN PART and DENIED IN PART AS PREMATURE. Defendants' motion to dismiss Plaintiff's claims against Tennessee Zinc Services as barred by the exclusivity provision of the Tennessee Workers' Compensation Act is GRANTED, and Tennessee Zinc Services is DISMISSED from this action. And as the Court finds the jurisdictional allegations in Plaintiff's Complaint insufficient to establish the Court's subject matter jurisdiction over this matter, Defen dants' motion to dismiss for lack of subject matter jurisdiction is GRANTED without prejudice to Plaintiff's ability to file on or before April 16, 2012, an Amended Complaint against East Tennessee Zinc and Glencore, after which said Defendants may filed renewed motions to dismiss. Signed by District Judge Thomas W Phillips on March 29, 2012. (AYB)
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