Howard v Ecig Distributors, Inc et al.
Plaintiff: James G. Howard
Defendant: Ecig Distributors, Inc, Samsung SDI, Co., Ltd, Ecigrus LLC, Samsung SDI America, Inc, Ecigrus LLC doing business as Ecigarettes-wholesale.com, Ecig Distributors, Inc doing business as Ejuices.com and Ecig Distributors, Inc doing business as Ejuices.co
Case Number: 4:2019cv00065
Filed: September 24, 2019
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Susan K Lee
Referring Judge: Travis R McDonough
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2020 Opinion or Order Filing 77 ORDER granting #76 Motion. Signed by District Judge Travis R McDonough on September 9, 2020. (SAC)
September 8, 2020 Filing 76 Joint MOTION clarification of document no. 75 re #75 Order,, Terminate Motions,, Terminate Deadlines and Hearings,, Set Deadlines/Hearings, by Ecigrus LLC. (Elliott, Stephen)
September 1, 2020 Opinion or Order Filing 75 ORDER ( Final Pretrial Conference set for 1/25/2021 03:00 PM before District Judge Travis R McDonough., Jury Trial set for 2/8/2021 09:00 AM before District Judge Travis R McDonough. Signed by District Judge Travis R McDonough on 9/1/20. (CNC)
August 28, 2020 Filing 74 Joint MOTION to Continue by all the parties by Ecigrus LLC. (Elliott, Stephen)
August 27, 2020 Filing 73 TEXT ORDER granting #72 Motion to Strike. Defendants' failure to file timely responses to the motion is deemed a waiver of any objection to the requested relief. See E.D. Tenn. L.R. 7.2. For good cause shown and without objection, Plaintiff's motion for leave to strike his Third Amended Complaint is GRANTED to the extent that Plaintiff is no longer required to filed his proposed (but unfiled) Third Amended Complaint [Doc. 68-1]. Plaintiff's Second Amended Complaint [Doc. 37] shall be the operative complaint in this matter. The Court's prior Order granting leave for Plaintiff to file his proposed Third Amended Complaint within seven days [Doc. 69] is rescinded as moot. This docket text entry constitutes the complete Order of the Court signed by United States Magistrate Judge Susan K. Lee. (Lee, Susan)
August 12, 2020 Filing 72 First MOTION to Strike THIRD AMENDED COMPLAINT by James G. Howard. (Galligan, Michael)
August 12, 2020 Filing 71 Revised ANSWER to #37 Amended Complaint by Ecigrus LLC.(Elliott, Stephen)
August 12, 2020 Filing 70 NOTICE by Ecigrus LLC re #67 Answer to Amended Complaint of withdrawal of allegations (Elliott, Stephen)
August 5, 2020 Filing 69 TEXT ORDER granting #68 Motion to Amend. Accordingly, Plaintiff's unopposed motion for leave to file a third amended complaint is GRANTED and Plaintiff is ORDERED to file his third amended complaint within seven (7) days of the entry of this Order. Plaintiff may obtain a summons for the newly added parties in accordance with Fed. R. Civ. P. 4. This docket text entry constitutes the complete Order of the Court signed by United States Magistrate Judge Susan K. Lee. (Lee, Susan)
August 5, 2020 Filing 68 MOTION to Amend/Revise Motion for Leave to File a Third Amended Complaint by James G. Howard. (Attachments: #1 Exhibit Proposed Third Amended Complaint)(Galligan, Michael)
August 5, 2020 Filing 67 ANSWER to #37 Amended Complaint by Ecigrus LLC.(Elliott, Stephen)
July 30, 2020 Filing 66 AMENDED ANSWER to Plaintiff's Second Amended Complaint by Samsung SDI, Co., Ltd. (Rowlen, Brantley)
July 30, 2020 Filing 65 TEXT ORDER granting #63 consent motion to amend. For good cause shown, the Court hereby GRANTS the consent motion for leave to amend and Defendant Samsung SDI Co., Ltd. is ORDERED to file its amended Answer to Plaintiff's Second Amended Complaint within seven (7) days of the entry of this Order. This docket text entry constitutes the complete Order of the Court signed by United States Magistrate Judge Susan K. Lee. (Lee, Susan)
July 30, 2020 Opinion or Order Filing 64 ORDER denying as moot #58 Motion to Amend/Correct; granting #60 Motion to Amend/Correct. Signed by Magistrate Judge Susan K. Lee on 7/29/2020. (AML) Modified on 7/30/2020 (AML).
July 30, 2020 Filing 63 Consent MOTION to Amend/Revise Samsung SDI's Answer by Samsung SDI, Co., Ltd. (Attachments: #1 Exhibit 1 - Samsung SDI's Amended Answer, #2 Other Proposed Order)(Rowlen, Brantley)
July 27, 2020 Filing 62 RESPONSE to Motion re #60 MOTION to Amend/Revise (re-filed) filed by James G. Howard. (Galligan, Michael)
July 23, 2020 Filing 61 MEMORANDUM in Support of Motion re #60 MOTION to Amend/Revise (re-filed) filed by Ecigrus LLC. (Elliott, Stephen)
July 23, 2020 Filing 60 MOTION to Amend/Revise (re-filed) by Ecigrus LLC. (Attachments: #1 Exhibit 1-proposed first amended answer)(Elliott, Stephen)
July 21, 2020 Filing 59 Administrative Notice to Counsel re #58 MOTION to Amend/Revise answer : requirements due by 7/24/2020. *Please file the Motion and Memorandum as separate documents. (BJL)
July 20, 2020 Filing 58 MOTION to Amend/Revise answer by Ecigrus LLC. (Attachments: #1 Exhibit 1-proposed first amended answer)(Elliott, Stephen)
July 14, 2020 Opinion or Order Filing 57 ORDER granting in part and denying in part #49 Motion to Compel; granting in part and denying in part #50 Motion to Compel. Signed by Magistrate Judge Susan K Lee on 7/14/20. (GRE)
July 14, 2020 Opinion or Order Filing 56 AGREED ORDER re #49 MOTION to Compel filed by Ecig Distributors, Inc, AND #50 Joint MOTION to Compel filed by Samsung SDI, Co., Ltd, Ecigrus LLC. Having discussed this matter, the parties would agree that appropriate resolution of the issues would be the following: as set forth in the Agreed Order herein.Signed by Magistrate Judge Susan K Lee on 7/14/2020. (BJL)
July 14, 2020 Filing 55 NOTICE OF TELEPHONIC MOTION HEARING: Motion Hearing for (1) motion to compel filed by Defendant Ecig Distributors, Inc. [Doc. 49] and (2) a joint motion to compel filed by Defendants Ecigrus LLC and Samsung SDI, Co., Ltd. [Doc. 50] is continued for 7/15/2020 03:00 PM EASTERN before United States Magistrate Judge Susan K. Lee. The parties should email evidence not filed on the docket, if any, to lee_chambers@tned.uscourts.gov and chatclerk@tned.uscourts.gov prior to the hearing. To access the telephonic status conference, the parties will dial 877-336-1274 and enter access code 7199789. Please call at least FIVE MINUTES in advance of the conference time.(BJL) Modified on 7/14/2020 (BJL).
July 13, 2020 Minute Entry for proceedings held before Magistrate Judge Susan K Lee: Telephonic Motion Hearing held on 7/13/2020 re #49 MOTION to Compel filed by Ecig Distributors, Inc, #50 Joint MOTION to Compel filed by Samsung SDI, Co., Ltd, Ecigrus LLC. Motion hearing was held by telephone in Chambers without a court reporter or courtroom deputy. (CNC)
July 11, 2020 Filing 54 REPLY to Response to Motion re #49 MOTION to Compel , #50 Joint MOTION to Compel jointly filed by Ecig Distributors, Inc, Ecigrus LLC, Samsung SDI, Co., Ltd. (Elliott, Stephen)
July 10, 2020 Filing 53 RESPONSE to Motion re #50 Joint MOTION to Compel PLAINTIFF JAMES HOWARDS RESPONSE filed by James G. Howard. (Attachments: #1 Affidavit Affidavit of Eric Dix)(Galligan, Michael)
July 10, 2020 Filing 52 RESPONSE to Motion re #49 MOTION to Compel PLAINTIFF JAMES HOWARDS RESPONSE filed by James G. Howard. (Attachments: #1 Affidavit Affidavit of Eric Dix)(Galligan, Michael)
July 9, 2020 Opinion or Order Filing 51 ORDER AND NOTICE OF TELEPHONIC HEARING. Telephonic Motion Hearing set for 7/13/2020 03:00 PM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge Susan K Lee.Plaintiff reportedly has agreed to file his response(s) to Defendants motions to compel[Doc. 49 and Doc. 50] on or before Friday, July 10, 2020. Defendants replies, if any, SHALLbe filed on or before Monday, July 13, 2020, at 11:00 a.m. [EASTERN].Signed by Magistrate Judge Susan K Lee on 7/9/20. (CNC)
July 8, 2020 Filing 50 Joint MOTION to Compel by Ecigrus LLC, Samsung SDI, Co., Ltd. (Attachments: #1 Exhibit 1-plaintiff's email, #2 Exhibit 2-pre Dix photos, #3 Exhibit 3- post Dix photos, #4 Exhibit 4-Jordan, #5 Exhibit 4-Sudler)(Elliott, Stephen)
July 2, 2020 Filing 49 MOTION to Compel by Ecig Distributors, Inc. (Ripper, Daniel)
June 15, 2020 Filing 48 NOTICE to Take Deposition of James Howard by Ecig Distributors, Inc.(Ripper, Daniel)
May 29, 2020 Filing 47 NOTICE to Take Deposition of James G. Howard by Ecig Distributors, Inc.(Ripper, Daniel)
May 29, 2020 Opinion or Order Filing 46 ORDER granting #45 Motion to Amend Scheduling Order. Amended Scheduling Order [Doc. #35 ] is hereby amended as follows: 4. Disclosure and Discovery: (d) Expert Testimony: The disclosure of all expert testimony that any party seeks to use to meet its burden of proof shall be made on or before July 20, 2020, in accordance with Rules 26(a)(2)(B) and 26(a)(2)(C) of the Federal Rules of Civil Procedure. Disclosure of rebuttal expert testimony shall be made by the parties on or before August 17, 2020. Rebuttal expert testimony challenges the opinions or methods of a previously disclosed expert and is no broader in scope. All other deadlines in the Amended Scheduling Order remain in effect.
May 11, 2020 Filing 45 MOTION to Amend/Revise Amend Scheduling Order by James G. Howard. (Galligan, Michael)
May 8, 2020 Opinion or Order Filing 44 ORDER denying with leave to refile #43 Motion to Amend the Scheduling Order. In the re-filed motion, Plaintiff is ADVISED to clearly list the parts of the scheduling order he seeks to amend, explain why the discovery delays he mentioned make each deadline difficult or impossible to satisfy, and specify how long of an extension or continuance is needed.Signed by District Judge Travis R McDonough on 5/7/2020. (BJL)
May 6, 2020 Filing 43 MOTION to Amend/Revise Amend Scheduling Order by James G. Howard. (Galligan, Michael)
March 13, 2020 Filing 42 ANSWER to #37 Amended Complaint by Ecig Distributors, Inc.(Ripper, Daniel)
March 12, 2020 Filing 41 ANSWER to #37 Amended Complaint by Ecigrus LLC.(Elliott, Stephen)
March 11, 2020 Filing 40 ANSWER to #37 Amended Complaint by Samsung SDI, Co., Ltd.(Rowlen, Brantley)
February 26, 2020 Opinion or Order Filing 39 ORDER granting #36 Motion to Amend/Correct. Plaintiffs unopposed motion to amend the complaint [Doc. 36] is GRANTED nunc pro tunc to the date the second amended complaint was filed, and the second amended complaint at Docket No. 37 shall be the operative complaint in this case going forward. Any defendant which has not yet responded to the second amended complaint is ORDERED to do so within 14 days of entry of this Order. Signed by Magistrate Judge Susan K Lee on 2/26/2020. (BDG)
February 18, 2020 Filing 38 ANSWER to #32 Amended Complaint by Ecigrus LLC.(Elliott, Stephen)
February 10, 2020 Filing 37 AMENDED COMPLAINT Second Amended Complaint against All Defendants., filed by James G. Howard.(Galligan, Michael)
February 10, 2020 Filing 36 MOTION to Amend/Revise Motion to File Second Amended Complaint by James G. Howard. (Galligan, Michael)
January 30, 2020 Opinion or Order Filing 35 SCHEDULING ORDER: Jury Trial set for 2/8/2021 09:00 AM in Courtroom 1A - Chattanooga before District Judge Travis R McDonough. Final Pretrial Conference set for 1/25/2021 03:00 PM in Courtroom 1A - Chattanooga before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 1/30/2020. (BDG)
January 27, 2020 Filing 34 MOTION for Extension of Time to Complete Discovery , MOTION for extension of time to conduct initial product inspection and testing; to hold expert and deposition deadlines in abeyance; to bar further inspection; to conduct telephonic conference with the Court , MOTION to Stay by Ecigrus LLC. (Elliott, Stephen) Modified on 1/31/2020 (BDG).
January 22, 2020 Filing 33 ANSWER to #32 Amended Complaint by Samsung SDI, Co., Ltd.(Rowlen, Brantley)
January 17, 2020 Filing 32 AMENDED COMPLAINT First Amended Complaint against All Defendants., filed by James G. Howard.(Galligan, Michael)
January 16, 2020 Filing 31 Administrative Notice to Counsel #30 Notice (Other) :Please refile amended complaint separately using the event i.e Civil Events Initial Pleadings and Service Complaints and Other Initiating Documents Amended Complaint requirements due by 1/21/2020. (BDG)
January 15, 2020 Filing 30 NOTICE by James G. Howard Notice of First Amended Complaint (Attachments: #1 Exhibit Amended Complaint)(Galligan, Michael)
January 14, 2020 Filing 29 ***INFORMATION ONLY*** Administrative Notice to Counsel #28 Notice of Consent/Nonconsent :Please make sure to flatten all documents. (BDG)
January 13, 2020 Filing 28 NOTICE OF NONCONSENT by Ecigrus LLC (Elliott, Stephen)
January 7, 2020 Filing 27 NOTICE by Samsung SDI, Co., Ltd of Initial Disclosures (Rowlen, Brantley)
December 19, 2019 Opinion or Order Filing 26 ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Travis R McDonough on 12/19/2019. (Attachments: #1 Notice Of Consent/ Non-Consent) (BDG)
December 18, 2019 Filing 25 Certificate of Corporate Interest by Ecig Distributors, Inc. (Ripper, Daniel)
December 18, 2019 Filing 24 ANSWER to #1 Complaint, by Ecig Distributors, Inc.(Ripper, Daniel)
December 18, 2019 Opinion or Order Filing 23 SCHEDULING ORDER: Jury Trial set for 2/8/2021 09:00 AM in Courtroom 1A - Knoxville before District Judge Travis R McDonough. Final Pretrial Conference set for 1/25/2021 03:00 PM in Courtroom 1A - Chattanooga before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 12/18/2019. (BDG)
December 18, 2019 Filing 22 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgement filed by Samsung SDI, Co., Ltd. (Rowlen, Brantley)
December 17, 2019 Filing 21 Minute Entry for proceedings held before District Judge Travis R McDonough: Scheduling Conference held in chambers without a court reporter or courtroom deputy on 12/17/2019. (BDG)
December 15, 2019 Filing 20 REPORT of Rule 26(f) Planning Meeting. (Elliott, Stephen)
December 13, 2019 Opinion or Order Filing 19 ORDER regarding Case Management Conference set for 12/17/2019 at 11:30 AM in Judge's Chambers before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 12/13/2019. (TRT) Modified on 12/18/2019 (BDG).
December 5, 2019 Opinion or Order Filing 18 ORDER granting #11 Motion for Extension of Time to Answer. Signed by Magistrate Judge Susan K Lee on 12/5/19. (GRE)
November 20, 2019 Filing 17 Certificate of Corporate Interest by Ecigrus LLC. (Elliott, Stephen)
November 18, 2019 Opinion or Order Filing 16 ORDER granting #13 Motion to Continue Case Management Conference set for 12/17/2019 11:30 AM in Courtroom 1A - Chattanooga before District Judge Travis R McDonough. Signed by District Judge Travis R McDonough on 11/18/2019. (BDG)
November 15, 2019 Filing 15 ANSWER to #1 Complaint, by Ecigrus LLC.(Elliott, Stephen)
November 15, 2019 NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Ecigrus LLC. (BDG)
November 14, 2019 Filing 14 NOTICE of Appearance by George A Rowlett on behalf of Ecigrus LLC (Rowlett, George)
November 14, 2019 Filing 13 Joint MOTION to Continue the November 20, 2019 Initial Case Management Conference by Samsung SDI America, Inc, Samsung SDI, Co., Ltd. (Attachments: #1 Exhibit A - Proposed Consent Order)(Rowlen, Brantley)
November 13, 2019 Opinion or Order Filing 12 ORDER regarding Scheduling Conference set for 11/20/2019 at 11:00 AM in Judge's Chambers before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 11/13/2019. (TRT)
November 13, 2019 Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint, by Ecigrus LLC. (Elliott, Stephen)
October 23, 2019 Filing 10 Certificate of Corporate Interest by Samsung SDI America, Inc identifying Corporate Parent Samsung SDI Co., Ltd for Samsung SDI America, Inc. (Rowlen, Brantley)
October 23, 2019 Filing 9 Administrative Notice to Counsel #7 Notice (Other) :Wrong Event Used, Please refile using correct event. requirements due by 10/28/2019. (BDG)
October 22, 2019 Opinion or Order Filing 8 ORDER Scheduling Conference set for 11/20/2019, at 11:00 AM in Judge's Chambers before District Judge Travis R. McDonough.Signed by District Judge Travis R. McDonough on 10/22/2019. (CMH)
October 22, 2019 Filing 7 NOTICE by Samsung SDI America, Inc Corporate Disclosure Statement (Rowlen, Brantley)
October 22, 2019 Filing 6 ANSWER to #1 Complaint, by Samsung SDI America, Inc.(Rowlen, Brantley)
September 25, 2019 Opinion or Order Filing 5 Order Governing Sealing Confidential Information. Signed by District Judge Travis R McDonough on 9/25/2019. (BDG)
September 25, 2019 Opinion or Order Filing 4 Order Governing Motions To Dismiss.Signed by District Judge Travis R McDonough on 9/25/2019. (BDG)
September 25, 2019 Opinion or Order Filing 3 Order Governing Depositions. Signed by District Judge Travis R McDonough on 9/25/2019. (BDG)
September 25, 2019 Filing 2 Summons Issued as to All Defendants. (BDG)
September 25, 2019 District Judge Travis R McDonough and Magistrate Judge Susan K Lee added. (BDG)
September 24, 2019 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0649-4087312.), filed by James G. Howard. (Attachments: #1 Other Civil Cover Sheet, #2 Summons Summons Ecig Distributors, #3 Summons Summons Ecigrus, LLC, #4 Summons Summons Samsung SDI, America, INC, #5 Summons Summons Samsung SDI Co., Ltd)(Galligan, Michael)

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Search for this case: Howard v Ecig Distributors, Inc et al.
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Defendant: Ecig Distributors, Inc
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Defendant: Samsung SDI, Co., Ltd
Represented By: Brantley C Rowlen
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Defendant: Ecigrus LLC
Represented By: George A Rowlett
Represented By: Stephen W Elliott
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Defendant: Samsung SDI America, Inc
Represented By: Brantley C Rowlen
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Defendant: Ecigrus LLC doing business as Ecigarettes-wholesale.com
Represented By: George A Rowlett
Represented By: Stephen W Elliott
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Defendant: Ecig Distributors, Inc doing business as Ejuices.com
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Defendant: Ecig Distributors, Inc doing business as Ejuices.co
Represented By: Daniel J Ripper
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Plaintiff: James G. Howard
Represented By: Michael D Galligan
Represented By: M Trevor Galligan
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