Spencer et al v. Caracal International, LLC et al
| Dwayne T. Spencer and Tammy Spencer |
| EDIC Caracal, Emirates Defense Industries Company (EDIC), Steyr Arms, Inc., Caracal International, LLC and Caracal USA, LLC |
| 2:2020cv00033 |
| June 19, 2020 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 11, 2021. A more recent docket listing may be available from PACER.
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Filing 33
ORDER: The Magistrate Judge held a telephonic case management conference with counsel for the parties on August 17, 2020. There are several motions pending that address the Court's jurisdiction and the scope of this action, including Plaintiffs Dwayne T. Spencer and Tammy Spencer's motion to remand to state court (Doc. No. 12) and motion for leave to amend (Doc. No. 18) and Defendant Caracal USA, LLCs motion to dismiss for lack of jurisdiction (Doc. No. 29). In light of these motions, counsel agreed that the initial case management conference and the setting of a case management schedule should be continued to October 19, 2020, at 2:30 p.m. Central Time. The conference is therefore RESET to that date and time. The parties shall file a revised proposed initial case management order that includes specific dates for all case management deadlines by no later than October 16, 2020. Should Plaintiffs determine that limited jurisdictional discovery is required to respond in opposition to Caracal USA's motion to dismiss, they shall file a motion requesting that discovery before the deadline to respond in opposition to the pending motion. Signed by Magistrate Judge Alistair Newbern on 8/17/2020. (am)
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Filing 32
REPLY to Response to re #18 MOTION for Leave to Leave to Amend filed by Dwayne T. Spencer, Tammy Spencer. (Roberts, Larry)
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Filing 31
RESPONSE in Opposition re #18 MOTION for Leave to Leave to Amend filed by Steyr Arms, Inc.. (Meyer, William)
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Filing 30
RESPONSE in Opposition re #18 MOTION for Leave to Leave to Amend filed by Caracal International, LLC. (Kimerling, Whitney)
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Filing 29
MOTION to Dismiss for Lack of Jurisdiction by Caracal USA, LLC. (Attachments: #1 Exhibit 1)(Henry, Alaric)
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Filing 28
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Caracal USA, LLC. (Attachments: #1 Exhibit Exhibit 1 to Business Entity Disclosure)(Henry, Alaric)
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Filing 27
NOTICE by Caracal USA, LLC of Joinder to Caracal International Response in Opposition to Plaintiff's Motion for Leave to Amend (Henry, Alaric)
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Filing 26
PROPOSED CASE MANAGEMENT ORDER filed by Caracal International, LLC. (Kimerling, Whitney)
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RECEIPT of Manual Filing by Caracal International, LLC. (1) Disc includes three video files as exhibit to DE: #20 to the Notice of Filing received in the Clerk's Office on 8/10/2020 and forwarded to Magistrate Judge Alistair Newbern's Chambers on this date. (am) Modified Text on 8/12/2020 (am).
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Filing 25
ORDER: This matter is set for an initial case management conference on August 17, 2020 at 1:00 p.m. (Doc. No. #4 .) The conference will be held by telephone. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel need not and should not appear in person. Signed by Magistrate Judge Alistair Newbern on 8/7/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 24
REPLY to Response to re #12 MOTION to Remand to State Court filed by Dwayne T. Spencer, Tammy Spencer. (Roberts, Larry)
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Filing 23
RESPONSE in Opposition re #12 MOTION to Remand to State Court filed by Steyr Arms, Inc.. (Meyer, William)
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Filing 22
RESPONSE in Opposition re #12 MOTION to Remand to State Court filed by Caracal USA, LLC. (Henry, Alaric)
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Filing 21
RESPONSE in Opposition re #12 MOTION to Remand to State Court filed by Caracal International, LLC. (Attachments: #1 Exhibit Exhibit 1 - Hearing transcript)(Kimerling, Whitney)
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Filing 20
NOTICE of Filing by Caracal International, LLC (Attachments: #1 Exhibit Exhibit 2 - Summons for Robert Keith Cas, #2 Exhibit Exhibit 3 -Summons for Waffen Werks, #3 Exhibit Exhibit 4 - Steyr Arms Motion to Dismiss, #4 Exhibit Exhibit 5 - Steyr Arms Memo of Law, #5 Exhibit Exhibit 6 - Steyr Arms Pro Hac Vice Motion, #6 Exhibit Exhibit 7 - Steyr Arms Response in Opposition)(Kimerling, Whitney)
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Filing 19
MEMORANDUM in Support of #18 MOTION for Leave to Amend filed by Dwayne T. Spencer, Tammy Spencer. (Roberts, Larry) Modified Text on 7/31/2020 (am).
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Filing 18
MOTION for Leave to Amend by Dwayne T. Spencer, Tammy Spencer. (Attachments: #1 Exhibit 3rd Amended Complaint)(Roberts, Larry) Modified Text on 7/31/2020 (am).
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Filing 17
Summons issued as to Caracal International, LLC, Caracal USA, LLC.(Service packets sent to attorney via FedEx.) (am)
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Filing 16
ORDER finding as moot #15 Motion for Leave to File Excess Pages. Plaintiffs' motion is FOUND MOOT. Plaintiffs state that they do not intend to file a memorandum of law in excess of 25 pages. It thus appears that Plaintiffs' filing will not violate Local Rule 7.01(a)(2). Signed by Magistrate Judge Alistair Newbern on 7/22/2020. (am)
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NOTICE TO COUNSEL Christopher Renzulli: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 8/12/2020. (am)
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State Bar status verified as active for (TN) Whitney H. Kimerling, (TN) Kaitlin E. White, (TN) Thomas M. Horne, (TN) Alaric A. Henry, (TN)Larry V. Roberts, (NY) Christopher Renzulli. (am)
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Filing 15
MOTION for Leave to File Excess Pages Pursuant to LR 7.01(a)(2) by Dwayne T. Spencer, Tammy Spencer. (Roberts, Larry)
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Filing 14
ORDER: On July 20, 2020, Plaintiffs Dwayne T. Spencer and Tammy Spencer, filed a motion to remand. (Doc. No. 12.) Under Local Rule 7.01(a)(3), the defendants must file any response in opposition within fourteen days after service of the motion. M.D. Tenn. R. 7.01(a)(3) (response). The plaintiffs may file an optional reply, limited to five pages, within seven days after service of the response. M.D. Tenn. R. 7.01(a)(4) (reply). Any filings made related to the motion to remand, including motions for extensions of time or to exceed page limits, shall be decided by Chief Judge Crenshaw unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 7/21/2020. (am)
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Filing 13
MEMORANDUM in Support of #12 MOTION to Remand to State Court filed by Dwayne T. Spencer, Tammy Spencer . (Roberts, Larry)
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Filing 12
MOTION to Remand to State Court by Dwayne T. Spencer, Tammy Spencer. (Roberts, Larry)
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Filing 11
NOTICE of Filing by Caracal International, LLC to Adverse Parties of the Filing of the Notice of Removal (Attachments: #1 Exhibit Exhibit A - Notice of Filing with State Court)(Kimerling, Whitney)
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Filing 10
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Caracal International, LLC. (Kimerling, Whitney)
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Filing 9
ORDER granting #7 Motion for Peter V. Malfa to Appear Pro Hac Vice. Signed by Kirk L. Davies on 7/1/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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State Bar status verified as active for (TN) William R. Meyer, (NY) Peter V. Malfa. (am)
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Filing 8
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Steyr Arms, Inc.. (Meyer, William)
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Filing 7
MOTION for attorney Peter V. Malfa to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3166605) by Steyr Arms, Inc.. (Meyer, William)
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Filing 6
NOTICE of Appearance by William R. Meyer on behalf of Steyr Arms, Inc. (Meyer, William)
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Filing 5
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 4
NOTICE of Initial Case Management Conference set for 8/17/2020 at 01:00 PM in Cookeville before Magistrate Judge Alistair Newbern. (am)
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Filing 3
NOTICE of Business Entity Disclosure Statement filing requirement. (am)
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Filing 2
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am)
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Filing 1
NOTICE OF REMOVAL by Caracal International, LLC from Putnam County Circuit Court, case number 2019-CV-174. ( Filing fee $ 400 receipt number 0650-3162358) (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit 1-Complaint and Returns of Service, #3 Exhibit 2-Notices of Filing Discovery , #4 Exhibit 3- Motion for Protective Order. and Notice of Hearing, #5 Exhibit 4 -Notices of Appearance , #6 Exhibit 5 - Kimerling Motion for Withdrawal of Counsel, #7 Exhibit 6 -Plf Motion to Deem Service Valid - Steyr and Notice of Heairng , #8 Exhibit 7 - Plf Motion to Compel Defendant Caracal Int'l to Cooperate with , #9 Exhibit 8 - Plf Mot to Compel Caracal USA to Cooperate and Notice of Hearing, #10 Exhibit 9 -Caracal USA Motion to Dismiss and supporting Memorandum , #11 Exhibit 10 -Plf Response to Caracal Mot to Dismiss , #12 Exhibit 11 -Caracal USA Supplemental Brief in Support of Motion to Dismiss with , #13 Exhibit 12 - Davidson Motion for More Definate Statement and Notice of Hearing, #14 Exhibit 13 - Notice of Filing Affidavit of Jordan Johnson 11-21-19, #15 Exhibit 14 - Caracal Notice of Special and Limited Appearance #16 Exhibit 15 - Caracal Int'l Motion to Dismiss with Exhibits, supporting mem, #17 Exhibit 16 - Caracal USA Motion to Strike or Stay Discovery, #18 Exhibit 17 -Plaintiffs' Response to Caracal USA Motion to Strike , #19 Exhibit 18 - Motion for Pro Hac Vice for Anthony Pisciotti and Ryan Erdreich , #20 Exhibit 19 -Caracal International, LLC's Reply in Support of its Motion t , #21 Exhibit 20, - Plf Motion and Amended Motion for Leave to Take the Rule 30.02(6) D #22 Exhibit 21 -Plf Mot and Amended Mot for Leave to Take Rule 30.02(6) Deposition , #23 Exhibit 22 - Plaintiffs' Motion for Leave to File Amended Complaint, #24 Exhibit 23 - Plf 2nd Amended M for Leave to Take Depo of RKC and WW, #25 Exhibit 24 -Plf Notice of Modifications and Additions to Amended Complaint with , #26 Exhibit 25 - Plfs Memo in Support of Motion for Leave to File Amended Complaint , #27 Exhibit 26 -Notice and Order of Voluntary Dismissal without Prejudice of Defend , #28 Exhibit 27 -Order on Several Motions 6-05-20 , #29 Exhibit 28 - Amended Complaint 19cv174, #30 Exhibit 29 - S&R Guns' Answer to Amended Complaint, #31 Exhibit 30 - S&R Notice of Dismissal with supporting Memorandum, #32 Exhibit 31 - Plfs Memo in Opposition to Caracal International and Caracal USA, #33 Exhibit 32 -Davidson REsponse to Carcal USA Motion to Dismiss , #34 Exhibit 33 -Plaintiffs' More Definite Statement Requested by Davidson' , #35 Exhibit 34 - Plaintiffs' Response to Steyr Arms, Inc. Motion to Dismiss, #36 Exhibit 35 - Waffen Werks Motion to Dismiss , #37 Exhibit 36 -Davidson's Renewed Motion for More Definite Statement and to D , #38 Exhibit 37 -Plaintiffs' Motion for Leave , #39 Exhibit 38 - Caracal USA's Objection_Response to Plaintiffs' Motion fo, #40 Exhibit 39 -Notice of Voluntary Dismissal Without Prejudice of Defendant Waffen , #41 Exhibit 40- Carcal Second Supplemental Brief in Support of its Motion, #42 Exhibit 41 - S&R Guns Motion to Dismiss with supporting memo, #43 Exhibit 42 -Order of Voluntary Dismissals od Davidson 3-25-20 , #44 Exhibit 43 - Caracal USA Motion to Strike or Stay Discovery, #45 Exhibit 44 - Plaintiffs' Response to Caracal USA Motion to Strike, #46 Exhibit 45 - 2nd Amended Complaint , #47 Exhibit 46 - Motion for Clarificiation with Exhibits and notice of hearing, #48 Exhibit 47 - Steyr Arms Motion to Stay Discovery, #49 Exhibit 48 - EXE Order, #50 Exhibit 49 - Signed order on several motions 6-05-20 , #51 Exhibit 50 - Steyr Arms Answer to 2nd Am. Complaint&Aff. Def , #52 Exhibit 51-Pl Response to Steyr M to Stay Disc. (2 exhibits) )(am) Modified Text on 6/22/2020 (am).
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