Kendall v. DeLong
Plaintiff: Andy Kendall
Defendant: Carmen DeLong
Case Number: 3:2020cv00055
Filed: February 6, 2020
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: H Bruce Guyton
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2020 Filing 33 MEMORANDUM in Support of Motion re #32 First MOTION for Partial Summary Judgment - Plaintiff's Motion for Partial Summary Judgment as to Breach of Contract and Specific Performance filed by Andy Kendall. (Attachments: #1 Affidavit - Plaintiff's Affidavit, #2 Affidavit - Declaration of Tarl Kendall, #3 Affidavit - Declaration of Dakota Clavier, #4 Affidavit - Declaration of Kent Leadbetter, #5 Affidavit - Declaration of Plaintiff's Counsel)(Montpelier, Dale)
March 30, 2020 Filing 32 First MOTION for Partial Summary Judgment - Plaintiff's Motion for Partial Summary Judgment as to Breach of Contract and Specific Performance by Andy Kendall. (Montpelier, Dale)
March 30, 2020 Filing 31 MOTION for Discovery - Plaintiff's Motion for Leave to Take Telephonic Deposition by Andy Kendall. (Attachments: #1 Exhibit - Email Chain Seeking Cooperation, #2 Exhibit - Tennessee Supreme Court Order Suspending In-Person Court Proceedings, #3 Exhibit - EDTN SO-20-06)(Montpelier, Dale)
March 30, 2020 Filing 30 SUPPLEMENT to #29 Emergency MOTION for Temporary Restraining Order by Andy Kendall. (Montpelier, Dale) Modified entry and text on 3/30/2020 (JBR).
March 30, 2020 Filing 29 Emergency MOTION for Temporary Restraining Order by Andy Kendall. (Attachments: #1 Exhibit - Declaration of Plaintiff's Counsel, #2 Exhibit - Email Chain Plaintiff's Counsel and Mortgage Company Asst. General Counsel, #3 Exhibit - Letter Plaintiff's Counsel to Defendant's Counsel 03/26/2020, #4 Exhibit - Letter Plaintiff's Counsel to Defendant's Counsel 03/27/2020 with Two Notifications, #5 Exhibit - Email Chain Plaintiff's Counsel to Defendant's Counsel, #6 Exhibit - Notification Received 7:50 p.m. SUNDAY Night)(Montpelier, Dale)
March 27, 2020 Opinion or Order Filing 28 ORDER granting #26 Motion. The Defendant shall respond to Plaintiff's jurisdictional discovery requests on or before May 11, 2020. The Plaintiff shall respond to Defendant's motion to dismiss on or before May 14, 2020. Signed by Magistrate Judge H Bruce Guyton on 3/27/20. (JBR)
March 26, 2020 Filing 27 NOTICE by Andy Kendall - PLAINTIFF'S NOTICE OF SERVICE OF SECOND DISCOVERY REQUESTS (Montpelier, Dale)
March 26, 2020 Filing 26 MOTION for Extension of Time to Complete Discovery , MOTION for Extension of Time to File Response/Reply by Carmen DeLong. (Attachments: #1 Proposed Order for Extension of Time)(Arnold, William)
March 25, 2020 NOTICE of Hearing:Telephonic Scheduling Conference set for 4/3/2020 10:30 AM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge H Bruce Guyton. The parties shall call the number previously provided a few minutes prior to the telephone conference. (MDG)
March 24, 2020 Opinion or Order Filing 25 PROTECTIVE ORDER. Signed by Magistrate Judge H Bruce Guyton on 3/24/20. (ABF)
March 24, 2020 Opinion or Order Filing 24 CONSENT TO MAGISTRATE and ORDER REFERRING CASE. Signed by District Judge Clifton L Corker on 03/24/2020. (CAT)
March 24, 2020 Filing 23 NOTICE OF CONSENT by Andy Kendall (Montpelier, Dale)
March 23, 2020 Opinion or Order Filing 22 ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Clifton L Corker on 3/23/20. (Attachments: #1 Other Notice Consent/Non-Consent) (JBR)
March 22, 2020 Filing 21 NOTICE by Andy Kendall re #20 Amended Complaint,,,,,, - Plaintiff's Notice of Filing of First Amended Complaint as of Right (Montpelier, Dale)
March 22, 2020 Filing 20 AMENDED COMPLAINT - First Amended Complaint for Specific Performance, Equitable Relief, Damages, and Declaratory Judgment against Carmen DeLong., filed by Andy Kendall. (Attachments: #1 Exhibit -1 - Sales Contract Documents, #2 Exhibit - 2 - VA Loan Addendum, #3 Exhibit - 3 - Earnest Money Deposit, #4 Exhibit - 4 - Repairs Amendment, #5 Exhibit - 5 - Closing Amendments, #6 Exhibit - 6 - Earnest Money Amendment, #7 Exhibit - 7 - Repudiation Documents, #8 Exhibit - 8 - Rejected Extension, #9 Exhibit - 9 - MLS Listing as of Filing, #10 Exhibit - 10 - Abstract and Notice of Lien Lis Pendens Recorded with Anderson County Register of Deeds, #11 Exhibit - 11 - Emails by Defendant and Agent Terminating Sales Contract, #12 Exhibit - 12 - Email Explaining Defendant's Reasons, #13 Exhibit - 13 - Email and Documents Showing Plaintiff in Compliance, #14 Exhibit - 14 - Backdated Real Property MLS Listing, #15 Exhibit - 15 - Email Threatening Plaintiff If He Does Not Dismiss, #16 Exhibit - 16 - Letter Threatening Plaintiff If He Does Not Dismiss, #17 Exhibit - 17 - Defendant's Offer Illusory, #18 Exhibit - 18 - Acceptance of Pre-Approval Letter by Defendant's Agent, #19 Exhibit - 19 - Third Attempt to Force Plaintiff to Dismiss Case, #20 Exhibit - 20 - Threatended State Court Complaint If Plaintiff Does Not Dismiss, #21 Exhibit - 21 - Email Where Defendant Suggested New Contract)(Montpelier, Dale)
March 22, 2020 Filing 19 MOTION for Protective Order - Plaintiff's Motion for Joint Protective Order by Andy Kendall. (Attachments: #1 Exhibit - Attempt to Secure Cooperation, #2 Exhibit - 2 - Second Attempt to Secure Cooperation, #3 Exhibit - 3 - Third Attempt to Secure Cooperation, #4 Exhibit - 4 - Fourth Attempt to Secure Cooperation, #5 Other - Proposed Joint Protective Order)(Montpelier, Dale)
March 16, 2020 Opinion or Order Filing 18 ORDER granting #14 Motion for Extension of Time to File Response/Reply. Plaintiff SHALL respond to Defendants Motion to Dismiss #8 on or before April 13, 2020. Signed by Magistrate Judge H Bruce Guyton on 3/16/20. (ABF)
March 16, 2020 Filing 17 NOTICE by Carmen DeLong (Arnold, William)
March 13, 2020 Filing 16 NOTICE by Andy Kendall - Plaintiff's Notice of Service of First Supplement to Rule 26(a)(1) Disclosures with Documents (Montpelier, Dale)
March 12, 2020 Filing 15 NOTICE by Andy Kendall re #11 Report of Rule 26(f) Planning Meeting - Plaintiff's Notice of Service of Rule 26(a)(1) Initial Disclosures (Montpelier, Dale)
March 12, 2020 Filing 14 First MOTION for Extension of Time to File Response/Reply as to #13 Notice (Other), #8 MOTION to Dismiss for Lack of Jurisdiction - Plaintiff's First Motion for Extension of Time to Respond to Defendants Motion to Dismiss Pending Receipt of Jurisdictional Discovery by Andy Kendall. (Attachments: #1 Exhibit -1 - Contract "Termination" Emails, #2 Exhibit - 2 - Defendant's California Home, #3 Exhibit - 3 - Tennessee Home MLS History, #4 Exhibit - 4 - Jurisdictional Discovery, #5 Exhibit - 5- Offer of a Consent Protective Order, #6 Exhibit - 6- Threat Letter)(Montpelier, Dale)
March 11, 2020 Filing 13 NOTICE by Andy Kendall - PLAINTIFF'S NOTICE OF SERVICE OF DISCOVERY REQUESTS (Montpelier, Dale)
March 10, 2020 Opinion or Order Filing 12 ORDER: The parties have filed a Report of Rule 26(f) Planning Meeting [Doc. 11]. Therefore, a telephonic scheduling conference is set for Monday, April 6, 2020 at 11:00 a.m. EST. Plaintiff's counsel shall initiate a conference call with counsel for Defendant after which all participating counsel shall call chambers at (423) 787-7400 at the appointed time. Signed by District Judge Clifton L Corker on 03/10/2020. (CAT)
March 6, 2020 Filing 11 REPORT of Rule 26(f) Planning Meeting. (Montpelier, Dale)
March 2, 2020 Opinion or Order Filing 10 ORDER: Generally, scheduling orders will be entered by the Court after a telephonic scheduling conferences unless otherwise requested by the parties. It is therefore ORDERED: As soon as practicable, but in no event later than 30 days from the first appearance of a defendant, or if that has already occurred, within 30 days of this order, the parties must confer, in a conference arranged by plaintiff's counsel, for the purpose of considering the nature and basis of their claims and defenses. See Order for details. Signed by District Judge Clifton L Corker on 03/02/2020. (Attachments: #1 Notice of Consent / Non Consent) (CAT)
March 2, 2020 Filing 9 SUMMONS Returned Executed by Andy Kendall. Carmen DeLong served on 2/12/2020. (Montpelier, Dale)
March 2, 2020 Filing 8 MOTION to Dismiss for Lack of Jurisdiction by Carmen DeLong. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration, #3 Notice Regarding Motion to Dismiss)(Arnold, William)
March 2, 2020 Filing 7 NOTICE of Appearance by William Lucas Arnold on behalf of Carmen DeLong (Arnold, William)
February 18, 2020 Filing 6 NOTICE of Lis Pendens by Andy Kendall (Attachments: #1 Other - Abstract and Notice of Lien Lis Pendens (Recorded with Anderson County, Tennessee Register of Deeds))(Montpelier, Dale)
February 7, 2020 Opinion or Order Filing 5 Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 2/7/2020. (BDG)
February 7, 2020 Opinion or Order Filing 4 Order Governing Motions To Dismiss.Signed by District Judge Clifton L Corker on 2/7/2020. (BDG)
February 7, 2020 Opinion or Order Filing 3 Order Governing Depositions.Signed by District Judge Clifton L Corker on 2/7/2020. (BDG)
February 7, 2020 Filing 2 Summons Issued as to Carmen DeLong. (BDG)
February 7, 2020 District Judge Clifton L Corker and Magistrate Judge H Bruce Guyton added. (BDG)
February 6, 2020 Filing 1 COMPLAINT FOR EQUITABLE RELIEF, SPECIFIC PERFORMANCE AND DAMAGES against Carmen DeLong ( Filing fee $ 400 receipt number ATNEDC-4224213.), filed by Andy Kendall. (Attachments: #1 Exhibit - 1 - Sales Contract, #2 Exhibit - 2 - VA Papers, #3 Exhibit - 3 - Earnest Money Deposit, #4 Exhibit - 4 - Repairs Amendment, #5 Exhibit - 5 - Closing Amendments, #6 Exhibit - 6 - Earnest Money Amendment, #7 Exhibit - 7 - Repudiation Documents, #8 Exhibit - 8 - Rejected Extension, #9 Exhibit - 9 - MLS Listing 02-06-2020, #10 Other - Abstract and Notice of Lien Lis Pendens (to be certified), #11 Summons - Summons (to be issued), #12 Other - Civil Cover Sheet)(Montpelier, Dale)

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Plaintiff: Andy Kendall
Represented By: Dale Jon Montpelier
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Defendant: Carmen DeLong
Represented By: William Lucas Arnold
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