Jones Express, Inc. v. Watson
Plaintiff: Jones Express, Inc.
Defendant: Ernest Watson
Case Number: 3:2010cv00140
Filed: February 11, 2010
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
County: Williamson
Presiding Judge: John S. Bryant
Presiding Judge: Thomas Wiseman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Both
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Date Filed Document Text
May 15, 2012 Opinion or Order Filing 91 MEMORANDUM OPINION OF THE COURT: In its prior order granting the plaintiff's motion for partial summary judgment, the Court rejected Watson's argument that Jones Express's reliance on the indemnification agreement to support its claim as an "unlawful and hidden insurance obligation" as bordering on the disingenuous. Having heard from the parties, and been apprised further regarding the parties' business practices and the million-dollar deductible, the Court retreats from that position. The Court now agrees with Watson that "[t]o require an owner-operator like Ernest Watson to indemnify Jones Express [in the amount of $1,000,000] here constitutes an unlawful and hidden insurance obligation that violate s the letter and the spirit of the Truth- In-Leasing regulations," as well as the Lease itself, and that [t]o allow Jones Express to pass liability for this loss on to Watson defeats the very purpose of the federal regulations." (ECF No. 32 , at 8.) For the reasons set forth herein, the Court will vacate that portion of its earlier Memorandum and Opinion granting partial summary judgment to Jones Express on the issue of liability on the basis of the indemnification agreement. The Court finds that Jones Express is entitled to judgment in its favor on the issue of liability, but further finds that such liability is limited to the $500 set forth in Section 4 of the Lease. An appropriate order will enter. Signed by Senior Judge Thomas Wiseman on 5/15/2012. (eh)
September 9, 2011 Opinion or Order Filing 64 ORDER: Settlement Conference held on 9/8/2011. The parties bargained in good faith a settlement satisfactory to both sides could not be reached. At the present time it appears that nothing remains to be done by the Magistrate Judge and the Clerk should return the file to Judge Wiseman for such further proceedings as he deems necessary. Judge Magistrate Judge Joe Brown no longer assigned to case. Signed by Magistrate Judge Joe Brown on 9/9/11. (dt)
August 3, 2011 Opinion or Order Filing 63 ORDER: Settlement Conference set for 9/8/2011 at 9:30 AM before Magistrate Judge Joe Brown. No later than 9/5/2011, Plaintiff and Defendant shall email to the undersigned at brownchambers@tnmd.uscourts.gov, ex parte, separate settlement conference statements which shall specify their respective settlement positions. The parties shall exchange offers and demands at least three working days prior to the 9/8/2011, conference. Signed by Magistrate Judge Joe Brown on 8/3/11. (dt)
June 2, 2011 Opinion or Order Filing 59 ORDER: Telephone Conference set for 6/9/2011 at 9:00 AM before Magistrate Judge John S. Bryant. Counsel for the plaintiff shall initiate this call. Counsel shall be prepared to discuss the scope and timing of any further discovery in this case as well as the scheduling of a judicial settlement conference. Signed by Magistrate Judge John S. Bryant on 6/2/11. (dt)
May 16, 2011 Opinion or Order Filing 55 AMENDED ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT: Plaintiff's motion for partial summary judgment 18 is GRANTED. The amount of damages remains unresolved. The matter is referred back to the Magistrate Judge for further case management as necessary. Signed by Senior Judge Thomas Wiseman on 5/16/11. (dt)
March 31, 2011 Opinion or Order Filing 44 ORDER: Plaintiff's Motion for Summary Judgment 18 is DENIED. The matter is referred back to the Magistrate Judge for further case management as necessary. Signed by Senior Judge Thomas Wiseman on 3/31/11. (dt)
February 25, 2011 Opinion or Order Filing 31 ORDER: Before the Court is an Agreed Order, 30 , to extend the deadline for the filing of a response of the Defendant in opposition to Plaintiff's Motion for Summary Judgment. The submitted Agreed Order is DENIED. The original scheduling order will be complied with. The jury trial date is 6/28/2011. Signed by Senior Judge Thomas Wiseman on 2/25/11. (dt)
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Plaintiff: Jones Express, Inc.
Represented By: Timothy L. Warnock
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Defendant: Ernest Watson
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