Howard v Ecig Distributors, Inc et al.
| James G. Howard |
| 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 |
| 4:2019cv00065 |
| September 24, 2019 |
| US District Court for the Eastern District of Tennessee |
| Susan K Lee |
| Travis R McDonough |
| Tort Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.
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Filing 77
ORDER granting #76 Motion. Signed by District Judge Travis R McDonough on September 9, 2020. (SAC)
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| 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) |
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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)
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| Filing 74 Joint MOTION to Continue by all the parties by Ecigrus LLC. (Elliott, Stephen) |
| 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prior Order granting leave for Plaintiff to file his proposed Third Amended Complaint within seven days [Doc. 69] is rescinded as moot.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) |
| Filing 72 First MOTION to Strike THIRD AMENDED COMPLAINT by James G. Howard. (Galligan, Michael) |
| Filing 71 Revised ANSWER to #37 Amended Complaint by Ecigrus LLC.(Elliott, Stephen) |
| Filing 70 NOTICE by Ecigrus LLC re #67 Answer to Amended Complaint of withdrawal of allegations (Elliott, Stephen) |
| 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) |
| 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) |
| Filing 67 ANSWER to #37 Amended Complaint by Ecigrus LLC.(Elliott, Stephen) |
| Filing 66 AMENDED ANSWER to Plaintiff's Second Amended Complaint by Samsung SDI, Co., Ltd. (Rowlen, Brantley) |
| 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) |
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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).
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| 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) |
| Filing 62 RESPONSE to Motion re #60 MOTION to Amend/Revise (re-filed) filed by James G. Howard. (Galligan, Michael) |
| Filing 61 MEMORANDUM in Support of Motion re #60 MOTION to Amend/Revise (re-filed) filed by Ecigrus LLC. (Elliott, Stephen) |
| Filing 60 MOTION to Amend/Revise (re-filed) by Ecigrus LLC. (Attachments: #1 Exhibit 1-proposed first amended answer)(Elliott, Stephen) |
| 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) |
| Filing 58 MOTION to Amend/Revise answer by Ecigrus LLC. (Attachments: #1 Exhibit 1-proposed first amended answer)(Elliott, Stephen) |
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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)
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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)
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| 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). |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 49 MOTION to Compel by Ecig Distributors, Inc. (Ripper, Daniel) |
| Filing 48 NOTICE to Take Deposition of James Howard by Ecig Distributors, Inc.(Ripper, Daniel) |
| Filing 47 NOTICE to Take Deposition of James G. Howard by Ecig Distributors, Inc.(Ripper, Daniel) |
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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.
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| Filing 45 MOTION to Amend/Revise Amend Scheduling Order by James G. Howard. (Galligan, Michael) |
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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)
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| Filing 43 MOTION to Amend/Revise Amend Scheduling Order by James G. Howard. (Galligan, Michael) |
| Filing 42 ANSWER to #37 Amended Complaint by Ecig Distributors, Inc.(Ripper, Daniel) |
| Filing 41 ANSWER to #37 Amended Complaint by Ecigrus LLC.(Elliott, Stephen) |
| Filing 40 ANSWER to #37 Amended Complaint by Samsung SDI, Co., Ltd.(Rowlen, Brantley) |
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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)
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| Filing 38 ANSWER to #32 Amended Complaint by Ecigrus LLC.(Elliott, Stephen) |
| Filing 37 AMENDED COMPLAINT Second Amended Complaint against All Defendants., filed by James G. Howard.(Galligan, Michael) |
| Filing 36 MOTION to Amend/Revise Motion to File Second Amended Complaint by James G. Howard. (Galligan, Michael) |
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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)
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| 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). |
| Filing 33 ANSWER to #32 Amended Complaint by Samsung SDI, Co., Ltd.(Rowlen, Brantley) |
| Filing 32 AMENDED COMPLAINT First Amended Complaint against All Defendants., filed by James G. Howard.(Galligan, Michael) |
| 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) |
| Filing 30 NOTICE by James G. Howard Notice of First Amended Complaint (Attachments: #1 Exhibit Amended Complaint)(Galligan, Michael) |
| Filing 29 ***INFORMATION ONLY*** Administrative Notice to Counsel #28 Notice of Consent/Nonconsent :Please make sure to flatten all documents. (BDG) |
| Filing 28 NOTICE OF NONCONSENT by Ecigrus LLC (Elliott, Stephen) |
| Filing 27 NOTICE by Samsung SDI, Co., Ltd of Initial Disclosures (Rowlen, Brantley) |
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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)
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| Filing 25 Certificate of Corporate Interest by Ecig Distributors, Inc. (Ripper, Daniel) |
| Filing 24 ANSWER to #1 Complaint, by Ecig Distributors, Inc.(Ripper, Daniel) |
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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)
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| Filing 22 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgement filed by Samsung SDI, Co., Ltd. (Rowlen, Brantley) |
| 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) |
| Filing 20 REPORT of Rule 26(f) Planning Meeting. (Elliott, Stephen) |
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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).
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Filing 18
ORDER granting #11 Motion for Extension of Time to Answer. Signed by Magistrate Judge Susan K Lee on 12/5/19. (GRE)
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| Filing 17 Certificate of Corporate Interest by Ecigrus LLC. (Elliott, Stephen) |
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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)
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| Filing 15 ANSWER to #1 Complaint, by Ecigrus LLC.(Elliott, Stephen) |
| NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Ecigrus LLC. (BDG) |
| Filing 14 NOTICE of Appearance by George A Rowlett on behalf of Ecigrus LLC (Rowlett, George) |
| 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) |
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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)
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| Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint, by Ecigrus LLC. (Elliott, Stephen) |
| 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) |
| Filing 9 Administrative Notice to Counsel #7 Notice (Other) :Wrong Event Used, Please refile using correct event. requirements due by 10/28/2019. (BDG) |
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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)
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| Filing 7 NOTICE by Samsung SDI America, Inc Corporate Disclosure Statement (Rowlen, Brantley) |
| Filing 6 ANSWER to #1 Complaint, by Samsung SDI America, Inc.(Rowlen, Brantley) |
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Filing 5
Order Governing Sealing Confidential Information. Signed by District Judge Travis R McDonough on 9/25/2019. (BDG)
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Filing 4
Order Governing Motions To Dismiss.Signed by District Judge Travis R McDonough on 9/25/2019. (BDG)
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Filing 3
Order Governing Depositions. Signed by District Judge Travis R McDonough on 9/25/2019. (BDG)
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| Filing 2 Summons Issued as to All Defendants. (BDG) |
| District Judge Travis R McDonough and Magistrate Judge Susan K Lee added. (BDG) |
| 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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