Birmingham-Jefferson County Transit Authority and Amalgamated Transit Union Local 725 Employees' Contributory Retirement Plan et al v. Boatright
| Birmingham-Jefferson County Transit Authority and Amalgamated Transit Union Local 725 Employees' Contributory Retirement Plan, William Copling, Edgar L. Addie, William E. Peterson and Richard Nardecchia |
| David J. Boatright |
| 3:2009cv00304 |
| March 30, 2009 |
| U.S. District Court for the Middle District of Tennessee |
| Contract: Other Office |
| Davidson |
| John S. Bryant |
| Todd J. Campbell |
| None |
| Diversity |
| 28:1332 Diversity-Other Contract |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
283
ORDER: Defendant's arguments have been previously addressed and ruled upon by the Court. The Court believes there to be no manifest error of law or mistake of fact. For the same reasons, Defendant's Motion for Disqualification of Chief Judge Todd Campbell 267 and Defendant's Motion for New Trial 274 are DENIED. Signed by Chief Judge Todd J. Campbell on 5/4/11. (dt)
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Filing
272
ORDER For the reasons stated from the bench at the end of thetrial, Defendants Motion for Mistrial and Defendants Motion for New Trial for Failure of Courtto Recuse 264 are both DENIED. Signed by Chief Judge Todd J. Campbell on 4/14/11. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
261
JUDGMENT in favor of Plaintiffs against David J. Boatright. The court rendered a judgment against the defendant for breach of contract in the amount of $72,271.25 and judgment against the plaintiffs for breach of contract in the amount of $ 10,972.74. The net result is judgment entered against the defendant in the amount of$61,298.51. Signed by Doris Bush, Deputy Clerk for Chief Judge Todd J. Campbell on 4/6/11. (xc:Pro se party by regular and certified mail.)(dt) Modified Text on 4/7/2011 (dt).
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Filing
250
ORDER: This matter is set for a bench trial on 4/5/2011. Defendant Boatwright has filed two Notices to the Court 248 and 249 opposing certain of Plaintiffs' proposed trial exhibits as not having been produced in discovery. The parties shall each produce or make available to the other, on or before 4/1/2011, copies of all exhibits which they plan to use at trial. The parties shall raise any objections to exhibits at the time such exhibits are introduced at trial. Signed by Chief Judge Todd J. Campbell on 3/10/11. (dt)
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Filing
242
ORDER: This case is set to begin trial on 4/5/2011, at 9:00 a.m., with a pretrial conference to be held on 3/7/2011, at 9:00 a.m. before the District Judge. It appears that all deadlines have now passed in this matter. Therefore, the Clerk is direct ed to forward the file to the District Judge. Unless otherwise directed by the District Judge, there appear to be no further proceedings to be conducted before the Magistrate Judge. Judge Magistrate Judge John S. Bryant no longer assigned to case. Signed by Magistrate Judge John S. Bryant on 3/4/11. (dt) Modified Text on 3/4/2011 (dt).
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Filing
228
ORDER: Pending before the Court is Defendant's Motion for Subpoena Forms from the Clerk 226 . The Motion is taken under advisement and will be discussed at the pretrial conference on 3/7/2011. Plaintiff is advised that the subpoena power of the Court is limited pursuant to Fed. R. Civ. P. 45(b)(2), and an attempt to subpoena opposing counsel raises issues of conflict and attorney-client privilege. All these issues will be discussed at the pretrial conference. Signed by Chief Judge Todd J. Campbell on 1/12/11. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
221
ORDER: Plaintiffs' Motion to Change Date of Trial 220 is Granted. The bench trial of this action, currently set for 3/15/2011, is CONTINUED untilTuesday, 4/5/2011, beginning at 9:00 a.m. The pretrial conference remains set for 3/7/2011, at 9:00 a.m. and all other pretrial deadlines remain the same.Signed by Chief Judge Todd J. Campbell on 11/24/10. (dt)
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Filing
210
ORDER: Pending before the Court is Plaintiffs' Motion 207 to approve the absence of Plaintiffs Copling, Addie and Petersen from the trial of this action on 7/27/2010. Defendant shall file a Response to the Motion by 7/12/2010. Signed by Chief Judge Todd J. Campbell on 7/2/10. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
205
ORDER: For the reasons stated within this order, defendant's Motion for a Conference Hearing or for Reconsideration 199 is Denied. Signed by Magistrate Judge John S. Bryant on 6/22/10. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
196
MEMORANDUM AND ORDER: For the reasons stated in this order, the undersigned Magistrate Judge Denies defendant's Motion for Leave to for leave to reinstate his amended counterclaim 181 . Signed by Magistrate Judge John S. Bryant on 6/17/10. (dt)
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Filing
195
ORDER: As an initial matter, the undersigned Magistrate Judge GRANTS defendants Motion 176 to Supplement his Prior Motion And Memorandum For An Order Under Rule 37(b)(2). Defendant has failed to comply with the requirements of Rule 37.01 and, in d oing so, has deprived the Court of the ability to determine the merits of his motion, defendants motion for a determination regarding the imposition of sanctions under Rule 37(b)(2) 156 is DENIED. Signed by Magistrate Judge John S. Bryant on 6/16/10. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
187
ORDER: Pending before the Court are: Defendant's Motion for Summary Judgment 138 and Plaintiffs' Motion for Summary Judgment 148 . For the reasons stated in the accompanying Memorandum, both Motions are DENIED. Signed by Chief Judge Todd J. Campbell on 5/13/10. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
179
ORDER: Plaintiffs' Motion for Order of Voluntary Dismissal 159 is Granted, and Plaintiffs' claims arising prior to July 2005 and Plaintiffs' claims based upon alleged excessive billing are Dismissed with prejudice. Defendants Motion to Strike Motion for Summary Judgment 165 is Denied. Plaintiffs' Motion for Reconsideration 173 is Denied. The Court's prior ruling on Defendants Motion in Limine applies solely for purposes of summary judgment. At the time of trial, appropriate Motions in Limine will need to be filed concerning the evidence for trial. Signed by Chief Judge Todd J. Campbell on 5/10/10. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
152
ORDER: Pending before the Court is Plaintiffs Motion to Place Exhibits under Seal 151 . The Motion is GRANTED, and exhibits 150-1, 150-2, and 150-3 shall be filed under seal. Signed by Chief Judge Todd J. Campbell on 4/8/10. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
144
ORDER: Upon consideration of all circumstances in this case, including the fact that defendant Boatright is not represented by counsel, the undersigned Magistrate Judge DENIES plaintiffs' motion for sanctions 124 , but ORDERS that defendant Boa tright appear for the completion of his deposition at a date and time agreed upon by the parties or, failing an agreement, as noticed by counsel for plaintiffs on or before 4/30/2010. The additional time of this reconvened deposition shall be limited to two and one-half hours of additional testimony. Defendant Boatright's motion for protective order 128 is DENIED. Signed by Magistrate Judge John S. Bryant on 4/5/10. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
93
ORDER: Plaintiffs' Motion to Strike Counterclaims 40 , Plaintiffs' Motion to Compel Discovery 44 , and Plaintiffs' Second Motion to Compel Discovery 46 are referred to the Magistrate Judge for decision. For the reasons stated in the accompanying Memorandum, Defendant's Motion to Change Venue 38 is DENIED; Defendant's Motion for Summary Judgment 78 is DENIED without prejudice to refiling once discovery is complete; and Defendant's Motion for Deferment of Ruling on Defendant's Motion to Transfer Venue 88 is moot. Signed by Chief Judge Todd J. Campbell on 1/14/2010. (dt)
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Filing
25
ORDER: For the reasons set forth in the accompanying Memorandum, Motion to Dismiss 22 is Granted in part, and Denied in part. The Motion is granted as to Defendant's counterclaims for fraud, intentional infliction of emotional distress, estoppel, abuse of process, and civil conspiracy. The Motion is denied as to Defendants counterclaim for quantum meruit. Signed by Chief Judge Todd J. Campbell on 8/20/09. (dt)
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