Bearden et al v. Honeywell International Inc.
| James Bearden and Sheila Bearden |
| Honeywell International Inc. |
| 3:2009cv01035 |
| October 28, 2009 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| John S. Bryant |
| Robert Echols |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
354
MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Kevin H. Sharp on 11/23/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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Filing
286
ORDER granting 285 MOTION for Extension of Time to File Motions for Summary Judgment. Signed by Magistrate Judge John S. Bryant on 11/15/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
283
AMENDED ORDER RESETTING DEADLINES: Motion to Amend Pleadings due by 2/15/2013. Discovery due by 2/15/2013. Dispositive Motions due by 11/15/2013. Signed by Magistrate Judge John S. Bryant on 9/26/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
280
ORDER: For the foregoing reason, the undersigned Magistrate Judge GRANTS defendant's motion for protective order regarding plaintiffs' 30(b)(6) deposition notice and subpoena of Halen Phan 193 and DENIES plaintiffs' motion to strike 216 . This ruling is without prejudice to plaintiffs' right to seek discovery regarding, among other things, the sufficiency of plaintiffs' search for discoverable documents, including but not limited to inquiries regarding locations and identities of custodians searched, search terms employed, and steps taken to preserve pertinent documents. Signed by Magistrate Judge John S. Bryant on 9/17/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
274
ORDER granting 271 Motion for Leave to File Sur Reply. Signed by District Judge Kevin H. Sharp on 4/6/2012. (hb)
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Filing
267
ORDER granting 261 Motion to Seal. Signed by District Judge Kevin H. Sharp on 3/27/12. (dt)
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Filing
172
ORDER granting 170 Motion to Strike 169 MOTION for Leave to File Document Under Seal. Signed by Magistrate Judge John S. Bryant on 8/24/11. (dt)
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Filing
165
ORDER granting 156 Motion to Seal Document. Signed by Magistrate Judge John S. Bryant on 8/15/11. (dt)
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Filing
148
ORDER: Telephone conference held on 7/22/2011. The Clerk is hereby directed to file a copy of Ms. Zeigler's letter, referenced above, for the record in this case. Plaintiffs' Motion to Strike Letter Brief Sent 7/20/2011 145 is DENIED. As discussed at the conclusion of today's telephone case management conference, if defendant Honeywell wishes to exclude certain of its operating divisions from the obligation to search for and produce records in discovery because the business cond ucted by those operating divisions do not implicate ozone or its associated health hazards, Honeywell may file a properly supported motion to do so. Mr. Mintzer has stated that, barring unforseen difficulties, he should be able to prepare and file such a motion by 7/29/2011. Signed by Magistrate Judge John S. Bryant on 7/22/11. (dt)
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Filing
136
ORDER: Plaintiffs' Third Motion to Compel 110 is Denied as Moot. Signed by Magistrate Judge John S. Bryant on 6/29/11. (dt)
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Filing
132
ORDER granting 131 Motion to Ascertain Status of pending motions to compel. The subject motions to compel are presently pending before the undersigned Magistrate Judge. The Court is aware that the parties need a ruling on these motions, and the undersigned Magistrate Judge is currently working on a memorandum and order addressing these motions. The Court expects to issue this ruling within the next few days. Signed by Magistrate Judge John S. Bryant on 6/23/11. (dt)
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Filing
128
ORDER granting 127 Motion for Leave to Reply. Signed by Magistrate Judge John S. Bryant on 4/1/11. (dt)
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Filing
124
ORDER granting 123 Motion for Leave to File Reply. Signed by Magistrate Judge John S. Bryant on 3/30/11. (dt)
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Filing
99
ORDER: Plaintiffs' Motion to Withdraw and Amend Motion to Compel Production of Documents 96 is Granted. Signed by Magistrate Judge John S. Bryant on 2/28/11. (dt)
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Filing
91
ORDER: Motion to Withdraw 90 is Granted. Honeywell's Motion to Enjoin 69 shall be Withdrawn, as moot. Signed by District Judge Aleta A. Trauger on 2/2/11. (dt)
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Filing
84
ORDER: Hearing held on 1/4/2011 before Magistrate Judge Bryant, to address a number of discovery issues. Following discussions with counsel, the Court rules as follows: Defendant Honeywell shall commence its production of documents responsive to plai ntiffs' first request for production of documents as soon as possible after 1/5/2011, and shall complete such production and other responses to any currently pending discovery on or before Friday, 2/4/2011. Defendant Honeywell shall serve a priv ilege log on counsel for plaintiffs on or before Tuesday, 2/15/2011. The subpoena for production of documents issued by the U.S. District Court for the District of New Jersey and served by plaintiffs on Honeywell is QUASHED. On or before Monday, 1/17 /2011, plaintiffs shall supplement their prior discovery or, in the alternative, notify counsel for defendant Honeywell that their prior responses are complete with respect to all issues listed on page 9 of the parties' joint statement of discovery issues 80 . Signed by Magistrate Judge John S. Bryant on 1/4/2011. (dt)
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Filing
82
ORDER granting 78 Motion for Leave to File Reply. Signed by Magistrate Judge John S. Bryant on 1/3/11. (dt)
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Filing
77
ORDER: The Motion to Enjoin filed by Honeywell International, Inc. 69 , to which a response has been filed 74 , is REFERRED to Magistrate Judge Bryant for disposition under 28 U.S.C. § 636(b)(1) and Rule 72, FED.R.CIV.P. Signed by District Judge Aleta A. Trauger on 12/22/10. (dt)
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Filing
76
ORDER: Discovery Hearing set for 1/4/2011 at 10:00 AM before Magistrate Judge John S. Bryant. Counsel for the parties shall confer and file on or before 12/30/2010, a joint statement of discovery issues that they believe require the Court's intervention. Signed by Magistrate Judge John S. Bryant on 12/20/10. (dt)
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Filing
68
AMENDED CASE MANAGEMENT ORDER: Discovery deadline reset for 3/15/2011. Dispositive Motions deadline reset for 7/15/2011. Signed by District Judge Aleta A. Trauger on 11/10/10. (dt)
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Filing
66
CASE MANAGEMENT ORDER: Discovery due by 6/15/2011. Dispositive Motions due by 7/15/2011. Signed by District Judge Aleta A. Trauger on 11/8/10. (dt)
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Filing
58
ORDER: For the reasons expressed in the accompanying Memorandum, the Motion to Strike Class Allegations and to Dismiss filed by defendant Honeywell International Inc. 41 is GRANTED IN PART and DENIED IN PART. Count V of the Second Amended Complaint 39 is hereby DISMISSED. Count IX of the Second Amended Complaint may not be maintained on behalf of the putative class, and the following material is hereby STRICKEN from that count: the entirety of Paragraph 212; the phrase "and other member s of the Class" from Paragraph 216; and the phrase "and Class members" from Paragraphs 217-19. The plaintiffs will not be granted leave to further amend their complaint. A Case Management Conference will be held in Judge Trauger's chambers on 9/10/2010 at 1:30 p.m. Signed by District Judge Aleta A. Trauger on 8/16/10. (dt)
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Filing
55
ORDER granting 54 Motion for Leave to File Reply Memorandum. Signed by District Judge Aleta A. Trauger on 8/2/10. (dt)
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Filing
50
ORDER: This matter is before the Court on Defendant Honeywell's Motion to Strike Exhibit 1 to Honeywells Memorandum in Support of Defendants Rule 12 Motion to Strike the Class Allegations and to Dismiss Individual Breach of Warranty, Fraud-Related, and Magnuson Moss Act Claims in the Second Amended Complaint. Good and sufficient cause having been shown. Exhibit 1 is stricken from the Memorandum. Signed by District Judge Aleta A. Trauger on 7/7/10. (dt)
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Filing
38
ORDER: For the reasons expressed in the accompanying Memorandum, the Motion to Strike the Class Allegations and Motion to Dismiss the First Amended Complaint filed by defendant Honeywell International Inc. 27 is GRANTED IN PART and DENIED IN PART. The plaintiffs' individual Magnuson-Moss Warranty Act claim will be DISMISSED without prejudice. Class allegations regarding the Magnuson-Moss claim and the unjust enrichment claim will be STRICKEN with prejudice. The court will strike the foll owing material from the First Amended Complaint 26 : the entirety of Paragraphs 198, 202, 208, and 211; the phrase "and the Class" from Paragraphs 199 and 209; the phrase "and the Class members" from Paragraphs 212-14; and the ph rase "from the Class members" from Paragraph 215. The plaintiffs are granted leave to file an amended complaint within seven days of this Order, to which the defendant shall respond within 14 days of the plaintiffs' filing. Signed by District Judge Aleta A. Trauger on 6/14/10. (dt)
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Filing
32
ORDER granting 31 Motion for Extension of Time to File Response to 27 MOTION to Dismiss First Amended Complaint and granting 31 Motion for Leave to to File Response Brief. Time extended to 5/5/2010. Signed by District Judge Aleta A. Trauger on 5/4/10. (dt)
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Filing
30
ORDER: The case management conference scheduled for April 30, 2010 at 9:30 a.m. is CONTINUED, to be RESET following disposition of the Motion to Strike Class Allegations And Dismiss The First Amended Complaint filed by defendant Honeywell 27 . Signed by District Judge Aleta A. Trauger on 4/20/10. (dt)
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Filing
24
MEMORANDUM. Signed by District Judge Aleta A. Trauger on 3/24/10. (dt)
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