Barnes v. C.U.S. Nashville, LLC
| Brittany Barnes |
| C.U.S. Nashville, LLC |
| 3:2009cv00764 |
| August 20, 2009 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Joe Brown |
| John T. Nixon |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
167
AGREED ORDER OF DISMISSAL: All of Plaintiff's claims against CUS are hereby dismissed with prejudice and stricken from the Court's docket. Signed by Senior Judge John T. Nixon on 5/25/11. (dt)
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Filing
164
ORDER: For the reasons stated above, Plaintiff's General Motions in Limine are GRANTED as to Paragraph 3 and RESERVED for later judgment as to Paragraph 6. The Report of Magistrate Judge Brown is ADOPTED in its entirety as to Plaintiff's M otion regarding Charles Coones' testimony, which is GRANTED in part and DENIED in part. The Report of Magistrate Judge Brown is ADOPTED as to Plaintiff's Motion regarding evidence of the 2008 accident, with the clarification that the Motion is GRANTED in part and DENIED in part. The Report of Magistrate Judge Brown is ADOPTED in part as to Plaintiff's Motion to exclude photographs of her other than the night of her injury, and the Court finds that the Motion must be GRANTED in par t and RESERVED in part for resolution in the context of trial. The Report of Magistrate Judge Brown as to Plaintiff's Rule 37(c)(1) motion to bar certain testimony of Dr. Bryant is ADOPTED in some respects but not others, such that the Motion is DENIED. Defendant's Motion in Limine No. 2 is GRANTED in part, DENIED in part, and RESERVED in part. Defendant's Motion in Limine No. 3 is DENIED. Defendant's Motion in Limine No. 4 is GRANTED. Defendant's Motion in Limine No. 5 is ESERVED for later Judgment. Defendant's Motion in Limine No. 10 is RESERVED for later judgment. Defendant's Motion in Limine No. 11 is GRANTED. Signed by Senior Judge John T. Nixon on 4/29/11. (dt)
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Filing
158
ORDER: Final Pretrial Conference reset for 4/25/2011 10:00 AM before Senior Judge John T. Nixon. The parties will be heard on the outstanding motions in limine, but objections to deposition testimony will be reserved for trial. Signed by Senior Judge John T. Nixon on 4/19/11. (dt)
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Filing
155
REPORT AND RECOMMENDATION: The Magistrate Judge recommends that pltf's 89 Motion to Exclude Testimony of Charles N. Coones be GRANTED in part and DENIED in part; pltfs 90 Motion to Exclude Evidence of Pltfs October 2008 Motor Vehicle Acciden t be GRANTED in part and DENIED in part; pltfs 91 Motion to Exclude any Photographs Taken of Pltf Other than the Night of Pltfs Injury be GRANTED in part; and pltfs 110 Motion to Preclude G. Lee Bryant From Offering Opinions Neither Set Forth in His Report Nor His Discovery Deposition be GRANTED in part and DENIED in part. Signed by Magistrate Judge Joe Brown on 3/23/11. (rd)
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Filing
152
ORDER: Inasmuch as there appear to be no further proceedings to be conducted before the Magistrate Judge, the Clerk is directed to terminate the referral and transmit this file to Senior Judge Nixon. Judge Magistrate Judge Joe Brown no longer assigned to case. Signed by Magistrate Judge Joe Brown on 1/4/11. (dt)
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Filing
148
ORDER: Plaintiff to file responsive briefs within 10 days of the entry of this Order to aid the Court in assessing the Joint Motion. If no responses are filed, the Court will infer that Plaintiff makes no objection to these four motions in limine. Signed by Senior Judge John T. Nixon on 12/23/10. (dt)
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Filing
147
AGREED ORDER ON MOTIONS IN LIMINE: granting 88 , 103 , 105 & 112 Motions in Limine. Signed by Senior Judge John T. Nixon on 12/20/10. (dt)
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Filing
143
ORDER: Settlement Conference held on 11/17/2010, at the conclusion of which the parties were not able to reach a settlement. The Clerk is directed to forward the file in this case to Magistrate Judge Brown. Counsel intend to schedule a telephone conf erence call with Judge Brown early in the week of 11/22/2010, to address rescheduling the trial. Unless otherwise directed or referred by the Court, there will be no further proceedings before the undersigned Magistrate Judge in this case. Judge Magistrate Judge Juliet E. Griffin no longer assigned to case. Signed by Magistrate Judge Juliet E. Griffin on 11/18/10. (dt)
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Filing
142
ORDER: Settlement Conference reset for 11/17/2010 at 9:00 AM before Magistrate Judge Juliet E. Griffin. In all other respects, the 8/19/2010, order remains in full force and effect. Signed by Magistrate Judge Juliet E. Griffin on 8/30/10. (dt)
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Filing
81
ORDER: For the reasons set forth within this Order, Defendant's Motion to Compel Discovery 76 is Granted and Defendant may review the photographs in the Court's possession for relevance. Signed by Magistrate Judge Joe Brown on 7/29/10. (dt)
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Filing
78
ORDER: Defendant's Motion in Limine No. 1 66 is Granted. Signed by Magistrate Judge Joe Brown on 7/21/10. (dt)
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Filing
71
ORDER: For the reasons set forth below, Defendants Motion to Compel ESI and for Continuance of Trial 52 is GRANTED in part and DENIED in part. The trial will be CONTINUED until 8/17/2010. The final pre-trial conference with Judge Nixon is scheduled for Wednesday, 8/4/2010 at 10:00 am. Judge Nixon will issue a separate order setting forth his requirements for the pre-trial conference. Plaintiff's Motion for Leave to File Sur-reply to Defendant's Motion to Continue Trial 69 is Grant ed. As a final matter, the undersigned has reviewed the materials submitted under seal from Plaintiff's Facebook account, as contemplated in the February 16, 2010 Order. 33 . The Magistrate Judge has located one relevant message in the material s, from Plaintiff to non-party Julie Knudsen, dated 10/29/2008 with a time stamp of 15:50:29. The Magistrate Judge has already discussed the contents of this message with the parties during the May 25 telephone conference. It reads, "can you ple ase take the pictures of me on the stretcher off... its not okay with me." Furthermore, attached are seven pictures with all metadata provided by Facebook that the Magistrate Judge deems relevant to this case. The seven pictures and metadata will remain under seal pending their use at trial. Signed by Magistrate Judge Joe Brown on 6/3/10. (xc: Copies of the seven Under Seal pictures sent by regular mail to counsel of record.)(dt)
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Filing
68
ORDER: For the reasons stated within this order, Magistrate Judge Brown will vacate his orders, 48 & 36 , and will further decline to issue any sanctions against Facebook. Signed by Magistrate Judge Joe Brown on 5/27/10. (dt)
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Filing
59
ORDER: Telephone Conference with Magistrate Judge Brown to discuss discovery dispute is set for 5/25/2010 at 3:00 PM. To participate in the conference call, parties shall call 615-695-2851 at 3:00 p.m. Signed by Magistrate Judge Joe Brown on 5/10/10. (dt)
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Filing
48
ORDER: Facebook, through an authorized representative, is directed to appear in Courtroom 783, 801 Broadway, Nashville, TN, and Show Cause on 4/26/2010 at 10:00 AM why they have not complied with the Court's earlier order and why the Court shoul d not impose sanctions on them for failing to comply. Clerk is directed to serve a copy of this order on Facebook at the email address provided and to send a copy by certified mail, return receipt requested, to Facebook at 1601 South California Avenu e, Palo Alto, CA 94304. In the event these materials are received by the Court by 4/23/2010, the representative from Facebook need not appear at the hearing on April 26th, and it will be canceled. Signed by Magistrate Judge Joe Brown on 4/8/10. (cc: Facebook by reg. and cert. mail)(dt)
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Filing
46
ORDER: Jury Trial set for 6/29/2010 at 09:00 AM before Senior Judge John T. Nixon. Proposed Pretrial Order due by 6/16/2010. Final Pretrial Conference set for 6/18/2010 at 10:00 AM before Senior Judge John T. Nixon. Exhibit List and Witness List due by 6/16/2010. Signed by Senior Judge John T. Nixon on 3/31/10. (dt)
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| Plaintiff: Brittany Barnes | |
| Represented By: | John Robert Shelton |
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| Defendant: C.U.S. Nashville, LLC | |
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