Odom Construction Systems, LLC v. Frameco, Inc.
| Odom Construction Systems, LLC |
| Frameco, Inc., Frameco Framing, Inc. and Metal Framing Industries, LLC |
| 3:2018cv00116 |
| March 21, 2018 |
| US District Court for the Eastern District of Tennessee |
| Knoxville Office |
| Knox |
| Clifton L Corker |
| H Bruce Guyton |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 11, 2019. A more recent docket listing may be available from PACER.
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Filing 62
ORDER: The Court's Order [Doc. 77 ] granting the Motion to Withdraw [Doc. 73 ] is hereby VACATED. District Judge Corker has set a telephonic hearing on this motion for September 20, 2019. Counsel for FrameCo SHALL inform Neville McCalman of the instant Order and provide him with a copy. Signed by Magistrate Judge H Bruce Guyton on 9/11/19. (JBR)
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Filing 61
[VACATED PER #62 ORDER] ORDER granting (73) Motion to Withdraw as Attorney. The law firms of Baker & Hostetler LLP and Hodges Doughty & Carson, and specifically David A. Posner, Dustin M. Dow, and Oliver Adams, are hereby RELIEVED as their duties ascounsel in these cases. FrameCo is hereby ADMONISHED that it is DEEMED to be proceeding pro se. Signed by Magistrate Judge H Bruce Guyton on 9/10/19. (copy mailed to Neville McCalman Managing Director, FrameCo, 9005 Bank Street, Valley View, Ohio 44125) (JBR) Modified text on 9/11/2019 (JBR).
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| Filing 60 MOTION to Withdraw as Attorney (Baker & Hostetler LLP and Hodges Doughty & Carson) by Frameco, Inc.. (Dow, Dustin) Modified event on 9/11/2019 (JBR). |
| Filing 59 to be refiled as doc #60 Notice of Attorney Withdrawal Attorney David A Posner; Oliver D Adams and Dustin M Dow terminated. (Dow, Dustin) Modified on 9/6/2019 to reflect to be refiled as a motion (JAN). |
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Filing 58
ORDER granting #57 Joint MOTION Entry of Agreed Order of Compromise and Dismissal. Accordingly, upon the agreement of the parties and for good cause shown, it is ORDERED, ADJUDGED and DECREED that the Joint Motion for Entry of Agreed Order of Compromise and Dismissal with Prejudice [Doc. 57] be GRANTED; the Complaint and causes of action of the Plaintiff Odom against the Defendant FrameCo, and any claims, defenses and causes of action of the Defendant FrameCo, against the Plaintiff Odom, having been fully compromised and settled as represented herein, and all issues in this case having been resolved, the said issues and this action are hereby DISMISSED WITH PREJUDICE to the re-filing of same. Signed by District Judge Clifton L Corker on 9/5/2019. (JCK)
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| Filing 57 Joint MOTION Entry of Agreed Order of Compromise and Dismissal by FrameCo, Inc. and by Odom Construction Systems, LLC. (Attachments: #1 Other Proposed Agreed Order of Compromise and Dismissal)Associated Cases: 3:18-cv-00116-DCLC-HBG, 3:18-cv-00114-DCLC-HBG(Winchester, Walter) |
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Filing 56
ORDER granting #52 MOTION to Consolidate Cases for Trial WHEREAS, the Motions being well-taken, it is, accordingly ORDERED as follows: 1. That the referenced proceedings are hereby consolidated for trial for all purposes; 2. That the trial shall commence in these matters on October 21, 2019; 3. That the parties shall abide by the Scheduling Order entered as Doc. 11 in the matter styled Odom Construction Systems, LLC vs. Frame Co, Inc, Docket No. 3:18-CV-116- DCLC-HBG; and 4. The file in Case No. 3:18-cv-00114 shall constitute the master file for every action in the consolidation action. Signed by District Judge Clifton L Corker on 8/20/2019.Signed by District Judge Clifton L Corker on 8/20/2019. (JCK)
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| Filing 55 SEALED Document. (JBR) |
| Filing 54 SEALED Document. (JBR) |
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Filing 53
ORDER granting #37 Motion for Leave to File Document Under Seal. Signed by Magistrate Judge H Bruce Guyton on 8/20/19. (JBR)
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| Filing 52 MOTION to Consolidate Cases for Trial by Odom Construction Systems, LLC. (Winchester, Walter) |
| AMENDED NOTICE of Hearing: Bench Trial set for 10/21/2019 09:00 AM in Courtroom 420 - Greeneville before District Judge Clifton L Corker. Final Pretrial Conference set for 10/15/2019 01:30 PM in Courtroom 420 - Greeneville before District Judge Clifton L Corker. (RET) |
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Filing 51
ORDER REASSIGNING CASE. District Judge Thomas A Varlan no longer assigned to case. Case reassigned to District Judge Clifton L Corker for all further proceedings. Signed by District Judge Pamela L Reeves on 08/09/2019. (AMP)
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| Filing 50 RESPONSE in Opposition re #48 MOTION to Strike #41 Response to Statement of Material Facts,, #40 Response in Opposition to Motion filed by Odom Construction Systems, LLC. (Winchester, Walter) |
| Filing 49 STATUS REPORT (Joint) by Frameco, Inc.. (Dow, Dustin) |
| Filing 48 MOTION to Strike #41 Response to Statement of Material Facts,, #40 Response in Opposition to Motion by Frameco, Inc.. (Dow, Dustin) |
| Filing 47 RESPONSE in Opposition re #37 MOTION for Leave to File Document Under Seal filed by Frameco, Inc.. (Attachments: #1 Exhibit A William Odom Transcript, #2 Exhibit B Emails, #3 Exhibit C Daniel Odom Transcript)(Dow, Dustin) |
| Filing 46 RESPONSE to Statement of Material Facts re #32 MOTION for Summary Judgment filed by Frameco, Inc.. (Attachments: #1 Exhibit A Hasbrouck Transcript, #2 Exhibit B Stroyer Transcript, #3 Exhibit C Daniel Odom Transcript, #4 Exhibit D William Odom Transcript)(Dow, Dustin) |
| Filing 45 REPLY to Response to Motion re #32 MOTION for Summary Judgment filed by Frameco, Inc.. (Attachments: #1 Exhibit A Hasbrouck Transcript, #2 Exhibit B William Odom Transcript, #3 Exhibit C Daniel Odom Transcript, #4 Exhibit D Stroyer Transcript, #5 Exhibit E Emails)(Dow, Dustin) |
| Filing 44 SUPPLEMENT to #41 Response to Statement of Material Facts,, Full-sized Transcript of Deposition of Kurt Stroyer, with Court Reporter Certificate, Supplement/Substitution for Exhibit #8, Condensed Transcript of Kurt Stroyer Deposition by Odom Construction Systems, LLC. (Winchester, Walter) |
| Filing 43 AFFIDAVIT in Opposition re #32 MOTION for Summary Judgment Affidavit of William Odom filed by Odom Construction Systems, LLC. (Winchester, Walter) |
| Filing 42 AFFIDAVIT in Opposition re #32 MOTION for Summary Judgment Affidavit of Daniel Odom filed by Odom Construction Systems, LLC. (Attachments: #1 Exhibit A - Jobsite Employee Handbook)(Winchester, Walter) |
| Filing 41 RESPONSE to Statement of Material Facts re #32 MOTION for Summary Judgment filed by Odom Construction Systems, LLC. (Attachments: #1 Appendix Index to Statement of Material Facts, #2 Exhibit Deposition of Matt Hasbrouck, #3 Exhibit Selected Exhibits to Deposition of Matt Hasbrouck, #4 Exhibit Deposition of Daniel Odom, #5 Exhibit Selected Exhibits to Deposition of Daniel Odom, #6 Exhibit Deposition of William Odom, #7 Exhibit Deposition of Melinda Sands, #8 Exhibit Deposition of Kurt Stroyer, #9 Exhibit Selected Exhibits to Deposition of Kurt Stroyer)(Winchester, Walter) |
| Filing 40 RESPONSE in Opposition re #32 MOTION for Summary Judgment filed by Odom Construction Systems, LLC. (Winchester, Walter) |
| Filing 39 SEALED Proposed Sealed Document re: #37 MOTION for Leave to File Document Under Seal by Odom Construction Systems, LLC Depo. of Stroyer. Exhibit 23. (Winchester, Walter) |
| Filing 38 SEALED Proposed Sealed Document re: #37 MOTION for Leave to File Document Under Seal by Odom Construction Systems, LLC Depo. of Odom. Exhibit 13. (Winchester, Walter) |
| Filing 37 MOTION for Leave to File Document Under Seal by Odom Construction Systems, LLC. (Attachments: #1 Affidavit)(Winchester, Walter) |
| Filing 36 AMENDED ANSWER to Amended Complaint (second) by Frameco, Inc.. (Dow, Dustin) |
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Filing 35
AGREED ORDER EXTENDING DEADLINE FOR PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. Signed by District Judge Thomas A Varlan on 6/14/19. (JBR)
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| Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION for Summary Judgment of Defendant FrameCo, Inc. by Odom Construction Systems, LLC. (Winchester, Walter) |
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Filing 33
ORDER granting #25 Motion for Leave to File Document. Defendant FrameCo SHALL FILE its Second Amended Complaint [Doc. 25-1] as its operative pleading in CM/ECF on or before June 24, 2019. Signed by Magistrate Judge H Bruce Guyton on 6/10/19. (JBR)
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| Filing 32 MOTION for Summary Judgment by Frameco, Inc.. (Attachments: #1 Other Defendant FrameCo, Inc.'s Memorandum in Support of Its Motion for Summary Judgment, #2 Appendix Index of Exhibits, #3 Exhibit A - Matthew Hasbrouck Affidavit, #4 Exhibit B - Pertinent Pages of Daniel Odom Deposition Transcript and Exhibits Thereto, #5 Exhibit C - Pertinent Pages of William "Billy" Odom Deposition Transcript and Exhibits Thereto, #6 Exhibit D - Charles Wright Affidavit, #7 Exhibit E - Pertinent Pages of Melinda Sands Deposition Transcript and Exhibits Thereto)(Dow, Dustin) |
| Filing 31 SUPPLEMENT to #26 Notice (Other) Exhibit A by Odom Construction Systems, LLC. (Winchester, Walter) |
| Filing 30 SUPPLEMENT to #27 Notice (Other) Exhibit A by Odom Construction Systems, LLC. (Winchester, Walter) |
| Filing 29 SUPPLEMENT to #28 Notice (Other) Exhibit A by Odom Construction Systems, LLC. (Winchester, Walter) |
| Filing 28 NOTICE by Odom Construction Systems, LLC of Subpoena for Deposition upon Oral Examination on Matt Hasbrouk (Winchester, Walter) |
| Filing 27 NOTICE by Odom Construction Systems, LLC of Subpoena for Deposition upon Oral Examination on Charles Wright (Winchester, Walter) |
| Filing 26 NOTICE by Odom Construction Systems, LLC of Subpoena to TDH, Inc. for Inspection and Copying of Documents (Winchester, Walter) |
| Filing 25 MOTION for Leave to File Second Amended Answer by Frameco, Inc.. (Attachments: #1 Exhibit A - Proposed Second Amended Answer to Amended Complaint)(Dow, Dustin) |
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Filing 24
ORDER granting (33) Motion for Extension of Time to File in case 3:18-cv-00114-TAV-HBG; granting (23) Motion for Extension of Time to File in case 3:18-cv-00116-TAV-HBG, and the dispositive-motions deadline in each case is EXTENDED until May 31, 2019. No further extension will be granted. Signed by District Judge Thomas A Varlan on 4/10/2019. (KMK)
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| Filing 23 Joint MOTION for Extension of Time to File Dispositive Motions by Frameco, Inc.. (Dow, Dustin) |
| Filing 22 Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton: Parties present via telephone to address a discovery dispute. Court found that the parties are required to meet and confer per the Scheduling Order. Parties agreed to hold and participate in a meet and confer telephone conference by February 28, 2019. (MDG) |
| NOTICE of Hearing:Telephone Conference set for 2/13/2019 10:00 AM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge H Bruce Guyton. The parties have a discovery dispute and will call into chambers at 865-545-4260. Also, the parties are to email their summaries (no more than 3 pages) to holly_nease@tned.uscourts.gov by noon on February 12th. (MDG) |
| Filing 21 Amended ANSWER to Complaint Amended by Frameco, Inc..(Adams, Oliver) |
| Filing 20 STIPULATED PROTECTIVE ORDER. Signed by Chief District Judge Thomas A Varlan on 11/30/18. (JBR) |
| Filing 19 MEMORANDUM OPINION AND ORDER denying #7 Motion to Dismiss for Failure to State a Claim. Signed by Chief District Judge Thomas A Varlan on 11/29/18. (JBR) |
| Filing 18 Joint MOTION for Protective Order by Frameco, Inc.. (Attachments: #1 Other (Agreed) Stipulated Protective Order)(Dow, Dustin) |
| Filing 17 NOTICE OF NONCONSENT by Frameco, Inc. (Dow, Dustin) |
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Filing 16
ORDER granting #4 Motion for Leave to Appear Pro Hac Vice. You MUST register as a CM/ECF user here: #http://www.tned.uscourts.gov/content/attorney-ecf-registration-form; granting #5 Motion for Leave to Appear Pro Hac Vice. You MUST register as a CM/ECF user here: #http://www.tned.uscourts.gov/content/attorney-ecf-registration-form. Signed by Magistrate Judge H. Bruce Guyton on 5/8/2018. (This entry constitutes the complete Order of the Court.) (AGA)
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| Filing 15 REPORT of Rule 26(f) Planning Meeting. (Winchester, Walter) |
| Filing 14 REPLY to Response to Motion re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Frameco, Inc.. (Adams, Oliver) |
| Filing 13 Certificate of Corporate Interest by Odom Construction Systems, LLC. (Winchester, Walter) |
| Filing 12 RESPONSE in Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #8 Memorandum in Support of Motion filed by Odom Construction Systems, LLC. (Winchester, Walter) |
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Filing 11
SCHEDULING ORDER: Bench Trial set for 10/21/2019 09:00 AM in Courtroom 4 - Knoxville before Chief District Judge Thomas A Varlan. Final Pretrial Conference set for 10/15/2019 01:30 PM in Courtroom 4 - Knoxville before Chief District Judge Thomas A Varlan.Signed by Chief District Judge Thomas A Varlan on 4/18/18. (JBR)
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Filing 10
ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by Chief District Judge Thomas A Varlan on 3/28/18. (Attachments: #1 Other Notice of Consent/Non-Consent) (JBR)
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| Filing 9 ANSWER to Complaint by Frameco, Inc..(Adams, Oliver) |
| Filing 8 MEMORANDUM in Support of Motion re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Frameco, Inc.. (Adams, Oliver) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Frameco, Inc.. (Adams, Oliver) |
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Filing 6
ORDER: Pursuant to Local Rule 3.2(d)(3), the undersigned finds that the above-captioned case is related to Jobsite Steel Manufacturing, LLC v. Frameco, Inc., and Joshua Mensinger, No. 3:18-CV-114. Because the first of these cases was assigned to Chief District Judge Thomas A. Varlan and Chief Magistrate Judge H. Bruce Guyton, this case will also be as signed to Chief District Judge Thomas A. Varlan and Chief Magistrate Judge H. Bruce Guyton. Signed by Magistrate Judge H Bruce Guyton on 3/23/18. (JBR)
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| Chief District Judge Thomas A Varlan and Magistrate Judge H Bruce Guyton added. (JBR) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number 0649-3632434.) by Frameco, Inc.. (Adams, Oliver) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number 0649-3632421.) by Frameco, Inc.. (Adams, Oliver) |
| Clerk's Verification of PHV Requirements is complete regarding document: #5 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number 0649-3632434.) filed by Frameco, Inc., #4 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number 0649-3632421.) filed by Frameco, Inc. (JBR) |
| Filing 3 Certificate of Corporate Interest by Frameco, Inc.. (Adams, Oliver) |
| Filing 2 NOTICE by Frameco, Inc. Civil Cover Sheet (Adams, Oliver) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0649-3631491), filed by Frameco, Inc.. (Attachments: #1 State Pleadings)(Adams, Oliver) |
| Case has been referred to Magistrate Judge Guyton for related case determination. (AMP) |
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