Moss et al v. Tennessee Department Human Services et al
Plaintiff: Other Children of Lella Moss, Grandchildren of Lella Moss, Eldon Moss, Danny Moss, Linda Harris, Wesley Moss, Lella V. Moss and Tommy Moss
Defendant: Francis Bass, Jr., David Hawthorne, Linda Terrell, Unknown TN DHS APS Commissioners, Supervisors, Attorney, Tennessee Department Human Services, Kelly Tayes, Michael Collins, Cookeville Regional Medical Center, John Beal and C.K. Smith
Case Number: 2:2007cv00012
Filed: April 3, 2007
Court: U.S. District Court for the Middle District of Tennessee
Office: Cookeville Office
County: Putnam
Presiding Judge: John S. Bryant
Presiding Judge: Aleta A. Trauger
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1983 Civil Rights
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
August 25, 2009 Opinion or Order Filing 196 ORDER: The 177 Report and Recommendation is ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed herein, it is hereby ORDERED that the 130 Motion to Dismiss filed by defendant Margaret Welker is GRANTED, and the claims against this defendant are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Aleta A. Trauger on 08/25/09. (xc: Pltf by reg. and cert. mail)(ab)
August 18, 2009 Opinion or Order Filing 191 MEMORANDUM AND ORDER: Having carefully reviewed the Magistrate Judges Report and Recommendation and the plaintiff's objections thereto, the plaintiff's objections are OVERRULED. The Report and Recommendation is hereby ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons stated therein and herein, it is hereby ORDERED that the Second Motion to Dismiss (Docket No. 120 ) filed by Kelly Tayes is TERMINATED AS MOOT, and Tayes is TERMINATED as a party to this action. Signed by District Judge Aleta A. Trauger on 8/18/09. (km) (cc: Pltf Tommy Moss by reg and cert mail) (km).
July 31, 2009 Opinion or Order Filing 177 REPORT AND RECOMMENDATION that 130 MOTION to Dismiss filed by Margaret Welker be GRANTED, and that the complaint, as amended, against her be DISMISSED with prejudice. Any party has 10 days from service of this Report and Recommendation in which to file any written objections to this Recommendation, with the District Court. Signed by Magistrate Judge John S. Bryant on 07/31/09. (xc: Pltf by reg. and cert. mail)(ab)
July 28, 2009 Opinion or Order Filing 176 REPORT AND RECOMMENDATION that 120 Second MOTION to Dismiss filed by Kelly Tayes should be TERMINATED as MOOT and that she be terminated as a party to this action. Any party has 10 days from service of this Report and Recommendation in which to file any written objections to this Recommendation, with the District Court. Signed by Magistrate Judge John S. Bryant on 07/28/09. (xc: Pltf by reg. and cert. mail)(ab)
March 31, 2009 Opinion or Order Filing 150 ORDER: The 124 Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that plaintiff Linda Harris's 95 Motion to Remand is G RANTED, and Ms. Harris's state court declaratory judgment action is hereby remanded to the Chancery Court for Jackson County. The 128 Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that defendant Michael Collins's 90 Motion to Dismiss is GRANTED, and the Complaint, as amended, against Mr. Collins is DISMISSED WITH PREJUDICE. As other matters remain pending in this case, this case is REFERRED back to Magistrate Judge Bryant for further handling under the original referral Order. Signed by District Judge Aleta A. Trauger on 03/31/09. (xc: Pltf by reg. and cert. mail)(ab) Modifie text on 3/31/2009 (ab).
February 4, 2009 Opinion or Order Filing 128 REPORT AND RECOMMENDATION: For the reasons stated herein, the undersigned Magistrate Judge RECOMMENDS that Deft Collins' 90 MOTION to Dismiss should be GRANTED, and that the complaint, as amended, against him should be dismissed with prejudice . Any party has 10 day from service of this Report and Recommendation in which to file any written objections to this Recommendation, with the District Court. Signed by Magistrate Judge John S. Bryant on 02/04/09. (xc: Pltf Tommy Moss by reg. and cert. mail)(ab)
January 30, 2009 Opinion or Order Filing 124 REPORT AND RECOMMENDATION : For the reasons stated herein, the undersigned Magistrate Judge RECOMMENDS that Linda Harris's 95 MOTION to Remand be GRANTED. and that her action for declaratory judgment be REMANDED to the Chancery Court for Jacks on County, Tennessee. Any party has 10 days from service of this Report and Recommendation in which to file any written objections to this Recommendation, with the District Court. Signed by Magistrate Judge John S. Bryant on 01/30/09. (xc: Pltf Tommy Moss by reg. and cert. mail)(ab) Modified text on 1/30/2009 (ab).
October 7, 2008 Opinion or Order Filing 105 ORDER: The 93 Report and Reccomendation is therefore ACCEPTED and made the findings of facts and conclusions of law of this Court. For the reasons expressed therein, it is hereby ORDERED that the Motions to Dismiss filed by the State defendants [17 ], Dr. Algisr Sidrys 19 , John R. Beal and Cookeville Regional Medical Center Authority 21 , Dr. John B. Averitt 23 and Kelly Tayes 60 are GRANTED, and the Complaint, as amended, against these defendants is DISMISSED WITH PREJUDICE. It is furth er ORDERED that the plaintiffs 26 Motion for Partial Summary Judgment is DENIED. Because three defendants listed in the style of this case (Collins, Mattingly, and Welker)apparently remain defendants in this case, the case is REFERRED back to Magistrate Judge Bryant for further handling under the original referral Order. Signed by District Judge Aleta A. Trauger on 10/07/08. (xc: Pltf by reg. and cert. mail)(ab)
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Search for this case: Moss et al v. Tennessee Department Human Services et al
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Defendant: Francis Bass, Jr.
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Defendant: David Hawthorne
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Defendant: Linda Terrell
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Defendant: Unknown TN DHS APS Commissioners, Supervisors, Attorney
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Defendant: Tennessee Department Human Services
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Defendant: Kelly Tayes
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Defendant: Michael Collins
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Defendant: Cookeville Regional Medical Center
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Defendant: John Beal
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Defendant: C.K. Smith
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Plaintiff: Other Children of Lella Moss
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Plaintiff: Grandchildren of Lella Moss
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Plaintiff: Eldon Moss
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Plaintiff: Danny Moss
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Plaintiff: Linda Harris
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Plaintiff: Wesley Moss
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Plaintiff: Lella V. Moss
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Plaintiff: Tommy Moss
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