Slade v. Barrett et al
| Jason Slade |
| Edward A. Barrett and Badger Transport, LLC |
| 2:2018cv00002 |
| January 3, 2018 |
| US District Court for the Middle District of Tennessee |
| Cookeville Office |
| Cumberland |
| Joe Brown |
| Waverly D Crenshaw |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 12, 2019. A more recent docket listing may be available from PACER.
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Filing 40
ORDER: The Plaintiff has filed a Stipulation of Voluntary Dismissal (Doc. No. 39). Accordingly, this action is DISMISSED WITHOUT PREJUDICE, and the Clerk is directed to close the file. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/12/19. (am) Modified Text on 2/14/2019 (am).
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| Filing 39 STIPULATION of Dismissal by Badger Transport, LLC, Edward A. Barrett. (Tarpley, John) |
| Filing 38 CERTIFICATE of Service filed by Jason Slade re #34 MOTION to Disqualify Counsel Bachus & Schanker filed by Jason Slade. (Queener, Henry) |
| Filing 37 CERTIFICATE of Service filed by Jason Slade re #33 Notice of Appearance filed by Jason Slade. (Queener, Henry) |
| Filing 36 CERTIFICATE of Service filed by Jason Slade re #32 Notice of Appearance filed by Jason Slade. (Queener, Henry) |
| Notice to Filer re DE #32 , #33 , #34 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (am) |
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Filing 35
ORDER denying #34 Motion to Disqualify Counsel. A copy of this motion was not sent to Ms. O'Connell and she is an attorney of record. From the motion I am not sure whether this is a motion to remove her or not. The Plaintiff can select whoever he wants to represent him as a general rule. Normally if an attorney leaves a firm, she should file a notice of that fact and advise the Court who will continue to represent the client from the firm or if she will continue and the firm will withdraw. Neither Ms. O'Connell nor the firm have filed anything with the Court about a separation. The attorneys need to talk to each other and sort this matter out rather than file a motion to remove out of the blue. Counsel in this motion seems to make this an ethical complaint when the firm can easily associate a local counsel or withdraw. The same could apply to Ms. O'Connell. She could enter an individual appearance or file a notice of withdrawal as no longer a member of the firm. Hopefully the separation, if there is one, is amicable and there are no liens filed by former attorneys. If they cannot sort this out they will schedule a telephone call with me about the matter. The docket sheet is a bit confusing as to attorneys and their role. Mr. Ward has filed a notice for appearance for Mr. Slade only as to the counter claim (DE 26) and filed an answer for Mr. Slade to the counterclaim only (DE 27). The clerk will correct this to show him as attorney of record only on the counterclaim. Mr Queener has filed a notice of appearance for the Plaintiff (DE 9) and a notice as lead counsel for the Plaintiff (DE 32). He did not file a notice of appearance for Mr. Slade as the counter defendant. The defendant Trucking Company filed an answer and a counterclaim (DE 19). Unfortunately the docket entry lists it only as an answer and not as both. The clerk will correct that entry to show the counterclaim. The actual answer to the counterclaim by Mr. Slade does not refer to the docket entry of the counter claim. Clerk will correct Docket Entry 27 to show it is answer to counterclaim (Docket Entry 19). (JBB) Modified on 12/7/2018 (rd). Modified Text on 12/7/2018 (am).
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| TN State Bar status verified as active for Nancy R. Steer. (am) |
| Filing 34 MOTION to Remove the Unadmitted Law Firm of Bachus & Schanker, LLC as Counsel for Plaintiff by Jason Slade. (Queener, Henry) Modified Text on 12/6/2018 (am). |
| Filing 33 NOTICE of Appearance by Nancy R. Steer on behalf of All Plaintiffs (Steer, Nancy) |
| Filing 32 NOTICE of Appearance by Henry S. Queener, III on behalf of All Plaintiffs (Queener, Henry) |
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Filing 31
ORDER: A telephone conference call was held with the parties in this matter on June 11, 2018. Given the nature of the case dispositive motions may be unlikely as the key dispute in the case is likely a factual one. The parties are advised that the Magistrate Judge is perfectly willing to modify the scheduling order to allow more time for discovery and for experts so long as the modifications do not affect the current July 16, 2019, trial date (Docket Entry 21). The parties are well aware that the Magistrate Judge stands ready to assist with ADR at their request at any point. Signed by Magistrate Judge Joe Brown on 6/12/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 6/11/2018. Order to enter. (Time in Court: 10 minutes) (rd) |
| Filing 30 JOINT STATUS REPORT Regarding Unresolved Issues and Potential for ADR by Jason Slade. (Ward, Kenneth) Modified Text on 6/11/2018 (am). |
| Filing 29 RECEIPT #34675050120 in the amount of $75.00 re #26 Motion to Appear Pro Hac Vice. (am) |
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Filing 28
ORDER granting #26 Motion for atty Kenneth W. Ward to Appear Pro Hac Vice. Signed by Magistrate Judge Joe Brown on 4/26/18. (rd)
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| TN State Bar status verified as active for Kenneth W. Ward. (am) |
| Filing 27 ANSWER of Jason Slade to DE #19 COUNTERCLAIM against Badger Transport, LLC by Jason Slade.(am) Modified Text on 12/12/2018 (am). |
| Filing 26 MOTION for attorney(s) Kenneth W. Ward to Appear Pro Hac Vice (Fee paid) by Jason Slade. (Attachments: #1 Attachment - Certificate of Good Standing)(am) Modified Text on 4/25/2018 (am). |
| TN State Bar status verified as active for John Roy Tarpley. (am) |
| Notice to Filer re DE #23 , #24 , #25 : The document is scanned and not text searchable. Scanning should only be used for documents not created on your computer. This document does not need to be re-filed unless otherwise directed by the Court. (am) |
| Filing 25 ANSWER to #1 Complaint by Edward A. Barrett.(Tarpley, John) |
| Filing 24 NOTICE of Appearance by John Roy Tarpley on behalf of Edward A. Barrett (Tarpley, John) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT filed by Badger Transport, LLC. (Tarpley, John) |
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Filing 22
SHOW CAUSE ORDER: Plaintiff alleges that the Court has diversity jurisdiction over this action, pursuant to 28 U.S.C. 1332(a). (Doc. No. 1 at 2.) On January 4, 2018, the Magistrate Judge ordered the parties to provide the Court with the domicile of the members of Badger Transport, LLC, to ensure that no member is a resident of Tennessee. (Doc. No. 6.) Neither party has filed anything. On or before April 23, 2018, Plaintiff shall properly plead the citizenship of Badger Transport, LLC. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/10/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 4/12/2018 (am).
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Filing 21
ORDER: Jury Trial set for 7/16/2019 09:00 AM in Cookeville before Chief Judge Waverly D. Crenshaw Jr. Exhibit List due by 6/28/2019. Witness List due by 6/28/2019. Pretrial Conference set for 7/5/2019 in Cookeville before Chief Judge Waverly D. Crenshaw Jr. Joint Proposed Pretrial Order due by 6/28/2019. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/6/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 4/9/2018 (am).
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Filing 20
INITIAL CASE MANAGEMENT ORDER: Motions to Amend due by 8/1/2018. Discovery due by 10/31/2018. Dispositive Motions due by 2/28/2019. Telephone Conference set for 6/11/2018 10:00 AM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 3/23/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Minute Entry for proceedings held before Magistrate Judge Joe Brown: Case Management Conference held by telephone on 3/15/2018. ICMO to enter. (Time in Court: 25 minutes) (rd) |
| Filing 19 Answer and Counterclaim by Badger Transport, LLC (Tarpley, John) Modified Text on 12/12/2018 (am). |
| Notice to filer re DE 17 : Pursuant to Administrative Order No. 167-1, Section 8, electronically filed documents shall set forth the Filing User's name, address, telephone number and Board of Professional Responsibility registration number. The filer's name should be typed in the space where the signature would otherwise appear preceded by the symbol s/ or inserted facsimile signature. Counsel shall re-file the document. (am) |
| Filing 18 PROPOSED CASE MANAGEMENT ORDER filed by Badger Transport, LLC. (Tarpley, John) |
| Filing 17 **DISREGARD ATTORNEY TO REFILE THE DOCUMENT WITH A SIGNATURE** ANSWER to #1 Complaint , COUNTERCLAIM against Jason Slade by Badger Transport, LLC.(Tarpley, John) Modified on 3/14/2018 (am). |
| Filing 16 NOTICE of Appearance by John Roy Tarpley on behalf of Badger Transport, LLC (Tarpley, John) |
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Filing 15
ORDER granting #14 Motion to Attend the Case Management Conference by Telephone. Signed by Magistrate Judge Joe Brown on 3/8/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 14 MOTION To Appear Telephonically for Case Management Conference Scheduled for March 15, 2018 by Jason Slade. (O'Connell, Jennifer) |
| Filing 13 SUMMONS returned executed by Jason Slade. Edward A. Barrett served on 1/22/2018. (O'Connell, Jennifer) |
| Filing 12 SUMMONS returned executed by Jason Slade. Badger Transport, LLC served on 1/18/2018. (O'Connell, Jennifer) |
| TN State Bar status verified as active for Henry S. Queener, III. (am) |
| Notice to Filer re DE 10 & 11 : The wrong event was used. The correct event should be SUMMONS RETURNED EXECUTED. Counsel shall re-file the document. (am) |
| Filing 11 **DISREGARD WRONG EVENT TYPE, ATTORNEY TO REFILE DOCUMENT** CERTIFICATE OF SERVICE by Jason Slade Proof of Service for Edward Barrett (O'Connell, Jennifer) Modified on 2/9/2018 (am). |
| Filing 10 **DISREGARD WRONG EVENT TYPE, ATTORNEY TO REFILE DOCUMENT**CERTIFICATE OF SERVICE by Jason Slade Proof of Service for Badger Transport, LLC (O'Connell, Jennifer) Modified on 2/9/2018 (am). |
| Filing 9 NOTICE of Appearance by Henry S. Queener, III on behalf of All Plaintiffs (Queener, Henry) |
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Filing 8
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/8/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)
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| Filing 7 **DISREGARD ENTRY**SUBPOENA issued to Trooper Alfred Seitner by Jason Slade (O'Connell, Jennifer) Modified on 1/4/2018 (ab). |
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Filing 6
ORDER The defendant company is an LLC. Prior to the Case management conference the parties will provide the court the domicile of the members of the LLC to insure no member is a resident of Tennessee. (JBB)
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| Filing 5 Summons issued as to Badger Transport, LLC, Edward A. Barrett. (Service copies mailed to attorney) (ab) |
| Filing 4 NOTICE of Case Management Conference set for 3/15/2018 at 01:30 PM in Cookeville before Magistrate Judge Joe Brown. (ab) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ab) |
| Filing 2 NOTICE of Corporate Disclosure Statement filing requirement. (ab) |
| CO State Bar status verified as active for Jennifer K. O'Connell. (ab) |
| NOTICE TO COUNSEL Jennifer K. O'Connell: WITHIN 14 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(h)). Appearance by local counsel due by 1/18/2018. (ab) |
| Notice to filer re DE #7: Discovery is not filed pursuant to LR 5.02. This document is deleted from the docket. (ab) Modified on 1/4/2018 (ab). |
| Filing 1 COMPLAINT against Badger Transport, LLC, Edward A. Barrett, filed by Jason Slade. ($400 filing fee paid online, Receipt No. 0650-2584361) (Attachments: #1 Attachment Civil Cover Sheet)(ab) Modified on 1/4/2018 (ab). |
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