Kelley v. Howard Berger Company, Inc. et al

Defendant: Howard Berger Company, Inc., Howard Berger Company, LLC, Precision Medical, Inc., Airsep Corporation, American Bantex Corporation, Roscoe Medical, Inc., John Doe and Apria Healthcare Inc
Plaintiff: Kenneth L. Kelley
Case Number: 3:2013cv00096
Filed: February 20, 2013
Court: Tennessee Eastern District Court
Office: Knoxville Office
County: Knox
Presiding Judge: David L Bunning
Referring Judge: H Bruce Guyton
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332 Diversity-Product Liability
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
December 2, 2016 284 Opinion or Order of the Court ORDER denying 240 Motion to Strike. Signed by Magistrate Judge H Bruce Guyton on 12/2/16. (JBR)
June 30, 2016 244 Opinion or Order of the Court MEMORANDUM AND ORDER re 236 First MOTION for Leave to File Document Under Seal filed by Apria Healthcare Inc. Because it remains unclear as to what documents should be publicly filed, sealed, and/or redacted, the Co urt DIRECTS the Defendant to analyze in detail, document by document, the propriety of secrecy, providing reasons and legal citations for each document it wishes to be filed under seal. The Defendant is ORDERED to refile its proposed filings within (14) days of filing the instant Order. Accordingly, the Defendant's Motion for Leave to File Under Seal [Doc. 236 ] is HELD IN ABEYANCE. Signed by Magistrate Judge H Bruce Guyton on 6/30/16. (JBR)
February 23, 2016 232 Opinion or Order of the Court MEMORANDUM AND ORDER: The Court GRANTS Apria's Motion to Compel [Doc. 186 ], GRANTS in part and DENIES in part Plaintiff's Motion for a Protective Order [Doc. 189 ], and DENIES as MOOT Precision Medical's and Howard Berger's Motions for Protective Orders [Docs. 183 and 188 ]. Signed by Magistrate Judge H Bruce Guyton on 2/23/16. (JBR)
September 30, 2015 224 Opinion or Order of the Court MEMORANDUM AND ORDER: The Motion to Amend [Doc. 144 ] is GRANTED in that: (1) if the District Judge affirms the undersigned's ruling [Doc. 172 ], permitting the Plaintiff to file his Fourth Amended Complaint, then Apria SHAL L file an amended answer to the Fourth Amended Complaint within five (5) days of the District Judge issuing her ruling; or (2) if the District Judge vacates the undersigned's ruling [Doc. 172 ], permitting the Plaintiff to file his Fourth A mended Complaint, then Apria SHALL file an amended answer to the Third Amended Complaint within five (5) days of the District Judge issuing her ruling, so long as doing so would not be otherwise inconsistent with the District Judge's Order. Signed by Magistrate Judge H Bruce Guyton on 9/30/15. (JBR)
August 17, 2015 178 Opinion or Order of the Court MEMORANDUM AND ORDER denying 170 Motion to Amend/Correct. Signed by Magistrate Judge H Bruce Guyton on 8/17/15. (JBR)
August 11, 2015 173 Opinion or Order of the Court MEMORANDUM AND ORDER denying 149 Motion to Amend/Correct. Signed by Magistrate Judge H Bruce Guyton on 8/11/15. (JBR)
August 10, 2015 168 Opinion or Order of the Court MEMORANDUM AND ORDER; the portion of Section 3(j) of the Scheduling Order, which requires the parties to participate in a discovery-dispute conference with the undersigned, is WAIVED. The conference scheduled to take place at 10:00 a.m. on August 12, 2015, is CANCELLED. The Court finds that the unique circumstances presented by this issue constitute good cause for modifying the deadline for filing motions to compel pursuant to Rule 16, with regard this particular issu e. Therefore, the parties or interested third parties shall have up to and including August 18, 2015, in which to file a motion to compel or motion for protective order relating to this issue, as may be appropriate. Signed by Magistrate Judge H Bruce Guyton on 8/10/15. (ADA)
August 6, 2013 47 Opinion or Order of the Court MEMORANDUM AND ORDER denying Defendant Apria Healthcare's 28 Motion to Dismiss. Defendant Apria Healthcare, Inc. shall file its answer on or before 8/26/13. Signed by District Judge David L Bunning on 8/6/13. (ABF)

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Search for this case: Kelley v. Howard Berger Company, Inc. et al
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Defendant: Howard Berger Company, Inc.
Represented By: Joshua A Wolfe
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Defendant: Howard Berger Company, LLC
Represented By: Joshua A Wolfe
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Defendant: Precision Medical, Inc.
Represented By: Tara Lyn Dalton
Represented By: Linda Hamilton Mowles
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Defendant: Airsep Corporation
Represented By: William A Young
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Defendant: American Bantex Corporation
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Defendant: Roscoe Medical, Inc.
Represented By: Summer H McMillan
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Defendant: John Doe
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Defendant: Apria Healthcare Inc
Represented By: Phillip E Fleenor
Represented By: Adam U Holland
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Plaintiff: Kenneth L. Kelley
Represented By: Eric Byron Foust
Represented By: Dan C Stanley
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