Kelley v. Howard Berger Company, Inc. et al
| Kenneth L. Kelley |
| 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 |
| 3:2013cv00096 |
| February 20, 2013 |
| US District Court for the Eastern District of Tennessee |
| Knoxville Office |
| Knox |
| David L Bunning |
| H Bruce Guyton |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
405
MEMORANDUM OPINION AND ORDER. Signed by District Judge Pamela L Reeves on 6/22/17. (JBR)
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Filing
351
MEMORANDUM OPINION AND ORDER; Apria's motion to reconsider 286 is GRANTED in part and DENIED in part. The Court's previous summary-judgment Order 282 is VACATED and REPLACED with this Order. Apria's request to certify the previous Order for interlocutory appeal is DENIED. Apria's motion for summary judgment 258 is DENIED. Signed by District Judge Pamela L. Reeves on 2/3/17. (ADA) (Main Document 351, formatting error corrected at request of chambers on 2/3/2017) (ADA).
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Filing
345
MEMORANDUM OPINION AND ORDER ; Before the Court is Kenneth Kelley's motion to strike the amended answer filed by Apria Healthcare, LLC, or alternatively to strike the answers affirmative defenses. 296 . Kelley contends that the answer was filed over a year late and barely a month before trial, so it should be struck. Without a motion for extension of time, the Court is required to strike the amended answer. Kelley's motion to strike 296 is GRANTED. Signed by District Judge Pamela L. Reeves on 2/1/17. (ADA)
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Filing
289
MEMORANDUM AND ORDER denying 280 Motion in Limine. Signed by Magistrate Judge H Bruce Guyton on 12/27/16. (JBR)
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Filing
284
ORDER denying 240 Motion to Strike. Signed by Magistrate Judge H Bruce Guyton on 12/2/16. (JBR)
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Filing
244
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)
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Filing
232
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)
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Filing
224
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)
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Filing
178
MEMORANDUM AND ORDER denying 170 Motion to Amend/Correct. Signed by Magistrate Judge H Bruce Guyton on 8/17/15. (JBR)
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Filing
173
MEMORANDUM AND ORDER denying 149 Motion to Amend/Correct. Signed by Magistrate Judge H Bruce Guyton on 8/11/15. (JBR)
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Filing
168
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)
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Filing
47
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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