Smith et al v. Prudential Financial, Inc.
Plaintiff: Sherri Smith and Tyler Smith
Defendant: Prudential Financial, Inc. and The Prudential Insurance Company of America
Case Number: 3:2010cv00845
Filed: September 8, 2010
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
County: Williamson
Presiding Judge: Aleta A Trauger
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 28, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2013 Opinion or Order Defendant's paper trial exhibits destroyed this date. (af)
June 27, 2013 Opinion or Order Filing 207 ACKNOWLEDGEMENT OF RECEIPT of plaintiffs' trial exhibits 15 (rifle) and 16 (duffle bag and contents) by David Weissman, attorney of record. (af)
June 27, 2013 Opinion or Order Plaintiffs' paper trial exhibits destroyed this date. (af)
September 21, 2012 Opinion or Order Filing 206 ORDER SETTING ASIDE JURY VERDICT. Signed by District Judge Aleta A. Trauger on 9/21/2012. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
September 21, 2012 Opinion or Order Filing 205 AGREED ORDER DISMISSING CASE WITH PREJUDICE. Signed by District Judge Aleta A. Trauger on 9/21/2012. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
September 4, 2012 Opinion or Order Filing 204 ORDER: The Joint Motion to Approve Confidential Settlement Agreement As to Minor, T.S., And Dismiss Case With Prejudice (Docket No. #201 ) is GRANTED IN PART. From the court's review of the Confidential Settlement Agreement And Release (Docket No. 200) and additional information received at the chambers conference, the court finds the Settlement Agreement in this case in the best interest of the minor, and it is hereby APPROVED. Upon notification to Judge Trauger's courtroom deputy that the funds have been received, the court will enter the proposed orders setting aside the jury verdict and dismissing this case with prejudice. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 9/4/2012. (hb)
August 31, 2012 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Settlement Conference held on 8/31/2012. (kb)
August 31, 2012 Opinion or Order Filing 203 STIPULATION of Dismissal with Prejudice by The Prudential Insurance Company of America. (Haltom, James)
August 28, 2012 Opinion or Order Filing 202 ORDER granting #199 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 8/28/2012. (hb)
August 27, 2012 Opinion or Order Filing 201 Joint MOTION for Settlement (Joint Motion to Approve Confidential Settlement Agreement as to Minor and Dismiss Case with Prejudice) by The Prudential Insurance Company of America. (Collins, Betsy)
August 27, 2012 Opinion or Order Filing 200 Sealed Document filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Proposed Order)(Collins, Betsy)
August 27, 2012 Opinion or Order Filing 199 Joint MOTION for Leave to File Document Under Seal by The Prudential Insurance Company of America. (Collins, Betsy)
August 10, 2012 Opinion or Order Filing 198 ORDER: The court has been informed that this case has settled. Because the settlement involves a minor plaintiff, the parties are advised to follow the requirements of T.C.A. 29-34-105 regarding settlements on behalf of minors. If there is a confidentiality provision, it is hereby ORDERED that the parties have permission to file the settlement agreement under seal. If the settlement is not a structured settlement as to the minor, the parties should either file the necessary affidavits or request an in-chambers hearing, with the minor present, depending upon whether the settlement is less than $10,000 or more than $10,000. Signed by District Judge Aleta A. Trauger on 8/10/12. (dt)
August 1, 2012 Opinion or Order Filing 197 Transcript of Proceedings Excerpt "N" filed for date of 7/24/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/8/2012. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (bc)
August 1, 2012 Opinion or Order Filing 196 Transcript of Proceedings Excerpt "M" filed for date of 7/25/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/8/2012. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (bc)
August 1, 2012 Opinion or Order Filing 195 Transcript of Proceedings Excerpt "L" filed for date of 7/25/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/8/2012. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (bc)
August 1, 2012 Opinion or Order Filing 194 Transcript of Proceedings Excerpt "K" filed for date of 7/27/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/8/2012. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (bc)
August 1, 2012 Opinion or Order Filing 193 Transcript of Proceedings Excerpt "J" filed for date of 7/27/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/8/2012. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (bc)
August 1, 2012 Opinion or Order Filing 192 Transcript of Proceedings Excerpt "I" filed for date of 7/26/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/8/2012. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (bc)
August 1, 2012 Opinion or Order Filing 191 Transcript of Proceedings Excerpt "H" filed for date of 7/27/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/8/2012. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (bc)
August 1, 2012 Opinion or Order Filing 190 Transcript of Proceedings Excerpt "G" filed for dates of 7/23/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/8/2012. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (bc)
August 1, 2012 Opinion or Order Filing 189 Transcript of Proceedings Excerpt "F" filed for date of 7/26/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/8/2012. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (bc)
August 1, 2012 Opinion or Order Filing 188 Transcript of Proceedings Excerpt "E" filed for date of 7/26/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/8/2012. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (bc)
August 1, 2012 Opinion or Order Filing 187 Transcript of Proceedings Excerpt "D" filed for date of 7/26/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/8/2012. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/30/2012. (bc)
July 31, 2012 Opinion or Order Filing 186 Jury Instructions. (hb)
July 31, 2012 Opinion or Order Filing 185 Sealed Jury Note. (hb)
July 31, 2012 Opinion or Order Filing 184 **SET ASIDE-SEE DE 206** JURY VERDICT (redacted). (hb) Modified on 9/24/2012 (af).
July 31, 2012 Opinion or Order Filing 183 **SET ASIDE-SEE DE 206** JURY VERDICT SEALED (with signature). (hb) Modified on 9/24/2012 (af).
July 31, 2012 Opinion or Order Filing 182 WITNESS/EXHIBIT LIST prepared by Deputy Clerk re: #174 Jury Trial - Held.(hb)
July 30, 2012 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Jury Trial completed on 7/30/2012. Verdict for plaintiff. Status reports due from parties by Friday. (Court Reporter Becky Cole.) (kb)
July 27, 2012 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Day 5 Jury Trial held on 7/27/2012. Defendant moved for judgment as a matter of law at the close of the evidence. The ourt takes the motion under advisement. The jury respited to 7/30/12 at 12:30 p.m.(Court Reporter Becky Cole.) (kb)
July 26, 2012 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Jury Trial Day 4 held on 7/26/2012. Plaintiffs rested. Defendant moved for judgment as a matter of law. The Court takes the motion under advisement. Defendant's case begins. Jury respited until 7/27/12. (Court Reporter Becky Cole.) (kb)
July 26, 2012 Opinion or Order Filing 181 NOTICE by Sherri Smith, Tyler Smith (Attachments: #1 Attachment Expert Statement of Tom Price)(Weissman, David)
July 26, 2012 Opinion or Order Filing 180 NOTICE by The Prudential Insurance Company of America of Filing (Attachments: #1 Attachment Second Supplemental Revised Expert Statement)(Haltom, James)
July 26, 2012 Opinion or Order Filing 179 Transcript Excerpt C filed for date of 7/25/12 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/2/2012. Redaction Request due 8/16/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/24/2012. (bc)
July 25, 2012 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Jury Trial held on 7/25/2012. Jury respited to 7/26/12. (Court Reporter Beck.) (kb)
July 25, 2012 Opinion or Order Filing 178 Transcript Excerpt B filed for date of 7/25/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole,615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/1/2012. Redaction Request due 8/15/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/23/2012. (bc)
July 25, 2012 Opinion or Order Filing 177 Transcript filed of Excerpt of Defense Opening Statement for date of 7/23/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 8/1/2012. Redaction Request due 8/15/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/23/2012. (bc)
July 24, 2012 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Jury Trial held on 7/24/2012. Plaintiffs' evidence entered. Trial continues on 7/25/12. (Court Reporter Becky Cole.) (kb)
July 23, 2012 Opinion or Order Filing 176 Peremptory Challenges (restricted view-contains names of jurors). (hb)
July 23, 2012 Opinion or Order Filing 175 Sealed Jury Minutes (contains names of jurors). (hb) Modified text on 7/24/2012 (hb).
July 23, 2012 Opinion or Order Filing 174 Minute Entry for proceedings held before District Judge Aleta A. Trauger: Jury Trial held on 7/23/2012. (Court Reporter Becky Cole.) (hb) Modified text on 7/24/2012 (hb). Modified on 7/27/2012 (af).
July 23, 2012 Opinion or Order Filing 173 ORDER: It is hereby ORDERED that plaintiffs' attorneys in the case, Smith, et al. v. The Prudential Insurance Company of America, Civil Case No. 3:10-0845, scheduled to go to jury trial on Monday, July 23, 2012, have the court's permission to bring a firearm with shells into the courtroom, conditioned upon the approval of the United States Marshal's Service.It is so ORDERED.ENTER this 23rd day of July 2012. Signed by District Judge Aleta A. Trauger on 7/23/12. (af)
July 20, 2012 Opinion or Order Filing 172 OBJECTIONS to Plaintiffs' Exhibits. (Haltom, James)
July 20, 2012 Opinion or Order Filing 171 NOTICE by Sherri Smith, Tyler Smith (Attachments: #1 Attachment Dr. William L. Manion Final Revised Expert Witness Statement)(Weissman, David)
July 19, 2012 Opinion or Order Filing 170 NOTICE of Filing by Sherri Smith, Tyler Smith re #169 Trial Brief (Attachments: #1 Attachment Unpublished Case, #2 Attachment Attachment)(Weissman, David)
July 19, 2012 Opinion or Order Filing 169 TRIAL BRIEF by Sherri Smith, Tyler Smith. (Weissman, David)
July 19, 2012 Opinion or Order Filing 168 SUPPLEMENT filed by The Prudential Insurance Company of America re #142 Exhibit List. (Collins, Betsy)
July 19, 2012 Opinion or Order Filing 167 TRIAL BRIEF in Support of Prudential's Proposed Jury Instructions on the Burden of Proof by The Prudential Insurance Company of America. (Haltom, James)
July 18, 2012 Opinion or Order Filing 166 NOTICE of Filing by The Prudential Insurance Company of America of Revised Expert Statement of Donald A. Raulerson (Attachments: #1 Attachment #1 - Revised Expert Statement of Donald A. Raulerson)(Haltom, James)
July 18, 2012 Opinion or Order Filing 165 ORDER granting #156 Motion for Taylor N. Barr to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 7/18/2012. (hb)
July 18, 2012 Opinion or Order BAR STATUS for Atty. Taylor N. Barr of AL verified as active on this date. (hb)
July 18, 2012 Opinion or Order E-mail fwd this date to Atty. Taylor N. Barr re mandatory CM/ECF registration. (hb)
July 17, 2012 Opinion or Order NOTICE of Manual Filing re #151 Order. CD Rom continaing Prudential's Proposed Jury Instructions & Verdict Form received in the Clerk's Office this date and forwarded to chambers. (hb) Modified text on 7/18/2012 (hb).
July 17, 2012 Opinion or Order Filing 164 NOTICE of Filing by The Prudential Insurance Company of America re #162 Proposed Jury Instructions, #163 Proposed Jury Verdict Form Manually in WordPerfect Format (Haltom, James)
July 17, 2012 Opinion or Order Filing 163 Proposed Jury Verdict Form by The Prudential Insurance Company of America. (Haltom, James)
July 17, 2012 Opinion or Order Filing 162 Proposed Jury Instructions by The Prudential Insurance Company of America. (Haltom, James)
July 17, 2012 Opinion or Order Filing 161 NOTICE of Filing by Sherri Smith, Tyler Smith (Attachments: #1 Attachment Tom Price Final Revised Expert Statement, #2 Exhibit Exhibit 47, #3 Exhibit Exhibit 48, #4 Exhibit Exhibit 49, #5 Exhibit Exhibit 50, #6 Exhibit Exhibit 51, #7 Exhibit Exhibit 52)(Weissman, David)
July 17, 2012 Opinion or Order Filing 160 NOTICE of Filing by The Prudential Insurance Company of America of Supplemental Revised Expert Statement of Ross M. Gardner and Amended Expert Statement of Tracy S. Corey, M.D. (Attachments: #1 Attachment #1 - Supplemental Revised Expert Witness Statement of Ross M. Gardner, #2 Attachment #2 - Amended Expert Witness Statement of Tracey S. Corey, M.D.)(Haltom, James)
July 17, 2012 Opinion or Order Filing 159 Proposed Jury Verdict Form by Sherri Smith, Tyler Smith. (Weissman, David)
July 17, 2012 Opinion or Order Filing 158 Proposed Jury Instructions by Sherri Smith, Tyler Smith. (Weissman, David)
July 17, 2012 Opinion or Order Filing 157 Proposed Jury Instructions by Sherri Smith, Tyler Smith, The Prudential Insurance Company of America. (Weissman, David)
July 17, 2012 Opinion or Order Filing 156 MOTION for attorney(s) Taylor N. Barr to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1333464) by The Prudential Insurance Company of America. (Attachments: #1 Attachment #1 - Affidavit of Taylor N. Barr, #2 Attachment #2 - Taylor N. Barr Alabama Certificate of Good Standing, #3 Attachment #3 - Taylor N. Barr Southern District of Alabama Certificate of Good Standing, #4 Proposed Order Granting Motion for Taylor N. Barr to Appear Pro Hac Vice)(Haltom, James)
July 16, 2012 Opinion or Order Filing 155 SUBPOENA issued to Clella Quillen and returned executed on 07/06/12 as to Clella Quillen by The Prudential Insurance Company of America (Haltom, James)
July 13, 2012 Opinion or Order Filing 154 Transcript filed of Pretrial Conference for date of 7/10/2012 before Judge Aleta A. Trauger. Court Reporter: Becky Cole, 615-726-4893, becky_cole@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 7/20/2012. Redaction Request due 8/3/2012. Redacted Transcript Deadline set for 8/13/2012. Release of Transcript Restriction set for 10/11/2012. (bc)
July 12, 2012 Opinion or Order Filing 153 SUPPLEMENT filed by The Prudential Insurance Company of America re #143 Witness List. (Collins, Betsy)
July 11, 2012 Opinion or Order Filing 152 PRETRIAL ORDER. Signed by District Judge Aleta A. Trauger on 7/11/2012. (hb)
July 11, 2012 Opinion or Order Filing 151 ORDER: The pretrial conference was held in this case on July 10, 2012. It is hereby ORDERED that, by Thursday, July 19, 2012, each party shall e-mail to Judge Trauger's office a short, one paragraph version of their theory of the case, to be used during the court's voir dire of the prospective jurors. It is further ORDERED that joint proposed jury instructions and verdict form shall be filed by July 17, 2012, with computer disk furnished to Judge Trauger's office. For any instructions that the parties cannot agree upon, by the same deadline, they should file their own proposed instructions, supported by authority, and furnish a computer disk to Judge Trauger's office. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 7/11/2012. (hb)
July 10, 2012 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Final Pretrial Conference held on 7/10/2012. Trial to begin on 7/23/12. (Court Reporter Becky Cole.) (kb) Modified on 7/11/2012 (kb).
July 10, 2012 Opinion or Order Filing 150 SUBPOENA issued to David Street and returned executed on 07/10/12 as to David Street by The Prudential Insurance Company of America (Haltom, James)
July 10, 2012 Opinion or Order Filing 149 SUBPOENA issued to Records Custodian - Tennessee Department of Vital Statistics and returned executed on 07/05/12 as to Records Custodian - Tennessee Department of Vital Statistics by The Prudential Insurance Company of America (Haltom, James)
July 10, 2012 Opinion or Order Filing 148 SUBPOENA issued to Records Custodian - Lawrence County Sheriff Department and returned executed on 07/03/12 as to Records Custodian - Lawrence County Sheriff Department by The Prudential Insurance Company of America (Haltom, James)
July 9, 2012 Opinion or Order Filing 147 SUPPLEMENT filed by Sherri Smith, Tyler Smith re #139 Witness List. (Weissman, David)
July 9, 2012 Opinion or Order Filing 146 SUPPLEMENT filed by Sherri Smith, Tyler Smith re #140 Exhibit List. (Weissman, David)
July 6, 2012 Opinion or Order Filing 145 STIPULATION by The Prudential Insurance Company of America. (Collins, Betsy)
July 6, 2012 Opinion or Order Filing 144 Proposed Pretrial Order by Plaintiffs and by The Prudential Insurance Company of America. (Collins, Betsy)
July 6, 2012 Opinion or Order Filing 143 Witness List by The Prudential Insurance Company of America. (Collins, Betsy)
July 6, 2012 Opinion or Order Filing 142 Exhibit List by The Prudential Insurance Company of America.. (Collins, Betsy)
July 6, 2012 Opinion or Order Filing 141 SUPPLEMENT filed by Sherri Smith, Tyler Smith re #123 Memorandum in Support. (Weissman, David)
July 6, 2012 Opinion or Order Filing 140 Exhibit List by Sherri Smith, Tyler Smith.. (Weissman, David)
July 6, 2012 Opinion or Order Filing 139 Witness List by Sherri Smith, Tyler Smith. (Weissman, David)
July 6, 2012 Opinion or Order Filing 138 ORDER: It is hereby ORDERED that plaintiffs' counsel shall confer with Bret Fincher, the owner of the property where Gary Smith died, as to his willingness to provide representatives of the defendant, Prudential Insurance Company of America, access to the property prior to the trial for the purpose of making photographs and/or videos. Plaintiffs' counsel shall be prepared to address this issue at the pretrial conference on July 10, 2012. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 7/6/2012. (hb)
July 5, 2012 Opinion or Order Filing 137 SUBPOENA issued to Don Carmen and returned executed on 07/02/2012 as to Don Carmen by The Prudential Insurance Company of America (Haltom, James)
July 5, 2012 Opinion or Order Filing 136 SUBPOENA issued to Steve Scott and returned executed on 07/02/2012 as to Steve Scott by The Prudential Insurance Company of America (Haltom, James)
July 3, 2012 Opinion or Order Filing 135 RESPONSE in Opposition re #122 MOTION in Limine filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit A - Banner Life Application, #2 Exhibit B - Plaintiffs' Responses to Prudential's Discovery, #3 Exhibit C - Correspondence re: Note, #4 Exhibit D - Prudential's Initial Discovery to Plaintiff, #5 Exhibit E - Sun Life of Canada Application)(Collins, Betsy)
July 3, 2012 Opinion or Order Filing 134 NOTICE of Filing by The Prudential Insurance Company of America in Support of Its Response to Plaintiffs' Motion in Limine (Attachments: #1 Attachment Pardee v. Mutual Ben Life Ins Co, #2 Attachment Brown v. Jerry's Welding, #3 Attachment Jennings v. Sovereign Camp, #4 Attachment Scott L v. Bruce N, #5 Attachment Litigating the Suicide Exclusion in Life Insurance Policies, #6 Attachment Suicide Risk in Relation to Family History of Completed Suicide and Psychiatric Disorders, #7 Attachment Family History of Suicide Among Suicide Victims)(Collins, Betsy)
July 3, 2012 Opinion or Order Filing 133 RESPONSE to Motion re #124 MOTION Site Visit filed by The Prudential Insurance Company of America. (Collins, Betsy)
July 3, 2012 Opinion or Order Filing 132 RESPONSE to Motion re #129 MOTION in Limine filed by Sherri Smith, Tyler Smith. (Attachments: #1 Exhibit Deposition Excerpt of Melinda Brewer, #2 Exhibit Deposition Excerpt of Adele Lewis)(Weissman, David)
June 25, 2012 Opinion or Order Filing 131 ORDER granting #121 Motion for Leave to File Manually. Signed by District Judge Aleta A. Trauger on 6/25/2012. (hb)
June 25, 2012 Opinion or Order NOTICE of Manual Filing re #131 Order. CD contaning Exhibit A to Prudential's Memorandum in Support of Motion in Limine (DE#130 ) received in the Clerk's Office this date and forwarded to chambers.(hb) Modified text on 6/25/2012 (hb).
June 22, 2012 Opinion or Order Filing 130 MEMORANDUM in Support of #129 MOTION in Limine filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit A - Plaintiffs' Supplemental Disclosures)(Haltom, James)
June 22, 2012 Opinion or Order Filing 129 MOTION in Limine by The Prudential Insurance Company of America. (Haltom, James)
June 22, 2012 Opinion or Order Filing 128 NOTICE of Filing by The Prudential Insurance Company of America of Manually Filing Exhibit A to Motion in Limine (Haltom, James)
June 22, 2012 Opinion or Order Filing 127 NOTICE of Filing by The Prudential Insurance Company of America Unpublished Case Law in Support of Its Memorandum of Law in Support of Omnibus Motion in Limine (Attachments: #1 Attachment Scordill v. Louisville Ladder, #2 Attachment Salvatore v. Viking Sport Cruisers, #3 Attachment BNSF v. Lafarge, #4 Attachment Barnes v. CUS Nashville, #5 Attachment Wallace v. GMC, #6 Attachment Jablonski v. St. Paul Fire)(Haltom, James)
June 22, 2012 Opinion or Order Filing 126 NOTICE of Filing by Sherri Smith, Tyler Smith re #125 Memorandum in Support Unpublished Case Law (Attachments: #1 Attachment Robnett v. Tenison)(Weissman, David)
June 22, 2012 Opinion or Order Filing 125 MEMORANDUM in Support of #124 MOTION Site Visit filed by Sherri Smith, Tyler Smith. (Weissman, David)
June 22, 2012 Opinion or Order Filing 124 MOTION Site Visit by Sherri Smith, Tyler Smith. (Weissman, David)
June 22, 2012 Opinion or Order Filing 123 MEMORANDUM in Support of #122 MOTION in Limine filed by Sherri Smith, Tyler Smith. (Weissman, David)
June 22, 2012 Opinion or Order Filing 122 MOTION in Limine by Sherri Smith, Tyler Smith. (Weissman, David)
June 22, 2012 Opinion or Order Filing 121 MOTION for Leave to File Manually by The Prudential Insurance Company of America. (Haltom, James)
June 20, 2012 Opinion or Order Filing 120 SUBPOENA issued to James Stroud and returned executed on 06/18/2012 as to James Stroud by The Prudential Insurance Company of America (Haltom, James)
June 20, 2012 Opinion or Order Filing 119 ORDER granting #118 Consent Motion to Modify Order for extension requested. Signed by District Judge Aleta A. Trauger on 6/20/2012. (hb)
June 19, 2012 Opinion or Order Filing 118 Consent MOTION to Continue Certain Deadlines by The Prudential Insurance Company of America. (Attachments: #1 Proposed Order Proposed Order)(Haltom, James)
June 15, 2012 Opinion or Order Filing 117 NOTICE of Filing by The Prudential Insurance Company of America of Revised Expert Witness Statements of Donald A. Raulerson and Ross M. Gardner (Attachments: #1 Attachment Revised Expert Statement of Donald A. Raulerson, #2 Attachment Revised Expert Statement of Ross M. Gardner)(Haltom, James)
June 14, 2012 Opinion or Order Filing 116 SUBPOENA issued to Melinda Brewer and returned executed on 06/11/12 as to Melinda Brewer by The Prudential Insurance Company of America (Haltom, James)
June 14, 2012 Opinion or Order Filing 115 NOTICE of Filing by Sherri Smith, Tyler Smith (Attachments: #1 Attachment Dr. William L. Manion Revised Expert Statement, #2 Attachment Tom Price's Revised Expert Statement, #3 Attachment Revised Exhibit 3 to Tom Price's Expert Statement, #4 Attachment Revised Exhibit 4 to Tom Price's Expert Statement)(Weissman, David)
June 12, 2012 Opinion or Order Filing 114 SUBPOENA issued to Dwight Wiles and returned executed on 06/11/12 as to Dwight Wiles by The Prudential Insurance Company of America (Haltom, James)
June 12, 2012 Opinion or Order Filing 113 SUBPOENA issued to Kris Wiatr and returned executed on 06/11/12 as to Kris Wiatr by The Prudential Insurance Company of America (Haltom, James)
June 12, 2012 Opinion or Order Filing 112 SUBPOENA issued to Steve Scott and returned executed on 06/11/12 as to Steve Scott by The Prudential Insurance Company of America (Haltom, James)
June 12, 2012 Opinion or Order Filing 111 SUBPOENA issued to Adele Lewis, MD and returned executed on 06/11/12 as to Adele Lewis, MD by The Prudential Insurance Company of America (Haltom, James)
May 31, 2012 Opinion or Order Filing 110 ORDER: For the reasons set forth in the accompanying Memorandum, the court finds as follows: The defendant's Motion in Limine and Daubert Motion to Exclude or in the Alternative Limit, the Testimony of William L. Manion, David F. Street and Thomas M. Price and Request for Daubert Hearing (Docket No. 96) is hereby GRANTED IN PART and DENIED IN PART, and the request for a Daubert hearing is DENIED; The plaintiffs' Motion in Limine Regarding Testimony of Prudential's Witness, Ross Gardner (Docket No. 95), is hereby GRANTED; Certain opinion testimony by defendants expert Donald Raulerson will be EXCLUDED sua sponte. As to experts Manion, Price, Gardner, and Raulerson, the parties are hereby ORDERED to submit revised Local Rule 39.01 expert statements by June 15, 2012, in a manner consistent with the court's findings in the accompanying Memorandum. Any objections to the revised expert statements shall be filed as motions in limine by the deadline set out in the Order Resetting Pretrial Conference and Deadlines entered simultaneously herewith. It is so ORDERED. Enter this 31st day of May 2012. Signed by District Judge Aleta A. Trauger on 5/31/2012. (eh)
May 31, 2012 Opinion or Order Filing 109 MEMORANDUM OPINION OF THE COURT: Pursuant to the court's February 2, 2012 Order Regarding Experts (Docket No. 79), the parties have filed evidentiary motions concerning certain experts in advance of trial. The defendant, Prudential Insurance Company of America ("Prudential"), has filed a consolidated Motion in Limine and Daubert Motion to Exclude, or in the Alternative Limit, the Testimony of William L. Manion, David F. Street, and Thomas M. Price and Request for Daubert Hearing (Docket No. 96), to which the plaintiffs have filed a Response in opposition (Docket No. 101), and the defendant has filed a Reply (Docket No. 106). The plaintiffs have filed a Motion in Limine Regarding Testimony of Prudential's Witness, Ross Gardner (Docket No. 95), to which the defendant filed a Response in opposition (Docket No. 100). For the reasons expressed herein, Prudentials motion will be granted in part and denied in part, the plaintiffs' motion will be granted, Prudential's request for a Daubert hearing will be denied, certain testimony from Raulerson will be excluded, and, to the extent necessary, the parties will submit revised expert statements in compliance with this opinion. An appropriate order will enter. Signed by District Judge Aleta A. Trauger on 5/31/2012. (eh)
May 31, 2012 Opinion or Order Filing 108 ORDER RESETTING PRETRIAL CONFERENCE AND DEADLINES: Exhibit List due by 7/6/2012, Witness List due by 7/6/2012, Proposed Pretrial Order due by 7/6/2012, Jury Trial set for 7/23/2012 at 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger, Pretrial Conference set for 7/10/2012 at 03:00 PM in Chambers 825 before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 5/31/2012.(SEE ORDER FOR OTHER DEADLINES) (eh)
May 7, 2012 Opinion or Order Filing 107 NOTICE of Filing by The Prudential Insurance Company of America re #106 Reply to Response to Motion, #97 Memorandum in Support, Consolidated Daubert Motion and Motion in Limine to Exclude, or in the Alternative Limit, the Testimony of William L. Manion, David F. Street and Thomas M. Price and Request for Daubert Hearing (Attachments: #1 Attachment Level 3 Communications v. Floyd, #2 Attachment Rose v. Truck Centers, #3 Attachment Psychological Autopsy Part II, #4 Attachment Halvorsen v. Plato Learning, #5 Attachment Psychological Autopsy: Clinical and Legal Perspectives, #6 Attachment Fanning v. Sitton Motor Lines, #7 Attachment State v. Guthrie, #8 Attachment United States v. St. Jean, #9 Attachment Solorio v. Asplundh, #10 Attachment Agee v. Purdue, #11 Attachment Harris v. Clarke)(Collins, Betsy)
May 7, 2012 Opinion or Order Filing 106 REPLY to Response to Motion re #96 MOTION in Limine and Daubert Motion to Exclude, or in the Alternative Limit, the Testimony of William L. Manion, David F. Street and Thomas M. Price and Request for Daubert Hearing filed by The Prudential Insurance Company of America. (Collins, Betsy)
April 23, 2012 Opinion or Order Filing 105 NOTICE of Filing by Sherri Smith, Tyler Smith re #101 Response in Opposition to Motion, (Attachments: #1 Attachment Unpublished Case, #2 Attachment Unpublished Case, #3 Attachment Unpublished Case, #4 Attachment Unpublished Case)(Weissman, David)
April 23, 2012 Opinion or Order Filing 104 NOTICE of Filing by Sherri Smith, Tyler Smith re #101 Response in Opposition to Motion, (Attachments: #1 Attachment Law Review Article)(Weissman, David)
April 23, 2012 Opinion or Order Filing 103 NOTICE of Filing by Sherri Smith, Tyler Smith re #101 Response in Opposition to Motion, (Attachments: #1 Attachment Deposition of Steve Scott, #2 Attachment Deposition of Dwight Wiles, #3 Attachment Deposition of James Stroud)(Weissman, David)
April 23, 2012 Opinion or Order Filing 102 NOTICE of Filing by Sherri Smith, Tyler Smith re #101 Response in Opposition to Motion, (Attachments: #1 Attachment David Street Affidavit, #2 Attachment Tom Price Affidavit, #3 Attachment Sherri Smith Affidavit, #4 Attachment Gary Bret Fincher Affidavit, #5 Attachment Charles Fincher Affidavit, #6 Attachment Christopher Brown Affidavit, #7 Attachment William Manion Affidavit, #8 Attachment Clella Quillen Affidavit)(Weissman, David)
April 23, 2012 Opinion or Order Filing 101 RESPONSE in Opposition re #96 MOTION in Limine and Daubert Motion to Exclude, or in the Alternative Limit, the Testimony of William L. Manion, David F. Street and Thomas M. Price and Request for Daubert Hearing filed by Sherri Smith, Tyler Smith. (Attachments: #1 Attachment Appendix A-William Manion, #2 Attachment Appendix B-David Street, #3 Attachment Appendix C-Tom Price)(Weissman, David)
April 23, 2012 Opinion or Order Filing 100 RESPONSE in Opposition re #95 MOTION in Limine Regarding Testimony of Prudential's Witness, Ross Gardner filed by The Prudential Insurance Company of America. (Collins, Betsy)
April 5, 2012 Opinion or Order Filing 99 ORDER granting #98 Consent MOTION for Extension of Time to File Response/Reply as to 79 Order. Signed by District Judge Aleta A. Trauger on 4/5/2012. (hb)
April 4, 2012 Opinion or Order Filing 98 Consent MOTION for Extension of Time to File Response/Reply as to #79 Order by Sherri Smith, Tyler Smith. (Attachments: #1 Proposed Order Order)(Weissman, David)
March 23, 2012 Opinion or Order Filing 97 MEMORANDUM in Support of #96 MOTION in Limine and Daubert Motion to Exclude, or in the Alternative Limit, the Testimony of William L. Manion, David F. Street and Thomas M. Price and Request for Daubert Hearing filed by The Prudential Insurance Company of America. (Attachments: #1 Attachment Appendix A - William L. Manion, #2 Attachment Appendix B - David F. Street, #3 Attachment Appendix C - Thomas M. Price)(Collins, Betsy)
March 23, 2012 Opinion or Order Filing 96 MOTION in Limine and Daubert Motion to Exclude, or in the Alternative Limit, the Testimony of William L. Manion, David F. Street and Thomas M. Price and Request for Daubert Hearing by The Prudential Insurance Company of America. (Collins, Betsy)
March 23, 2012 Opinion or Order Filing 95 MOTION in Limine Regarding Testimony of Prudential's Witness, Ross Gardner by Sherri Smith, Tyler Smith. (Weatherly, James)
March 22, 2012 Opinion or Order Filing 94 ORDER: The Defendant's Motion To Increase Page Limits (Docket No. #93 ) is GRANTED. It is hereby ORDERED that all page limits are hereby LIFTED for the briefing in connection with these Daubert and/or in limine motions related to experts. The court trusts that the parties will not abuse this privilege and will be reasonably concise in their briefing. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 3/22/2012. (hb)
March 21, 2012 Opinion or Order Filing 93 MOTION for Leave to File Excess Pages for Brief in Support of Consolidated Daubert and in Limine Motion by The Prudential Insurance Company of America. (Haltom, James)
March 5, 2012 Opinion or Order NOTICE of Manual Filing re #84 Order. Manual filing of Exhibit L to Ross Gardner's Expert Report was received in the Clerk's Office on 3/2/2012, and forwarded to chambers. (hb)
March 2, 2012 Opinion or Order Filing 92 NOTICE of Filing by Prudential Financial, Inc., The Prudential Insurance Company of America re #91 Sealed Document,, Exhibit L (Haltom, James)
March 2, 2012 Opinion or Order Filing 91 Sealed Document Exhibits to Ross M. Gardner's Expert Statement filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit A - CV, #2 Exhibit B - Lawrence County Sheriff Records, #3 Exhibit C - ME Documents, #4 Exhibit C - ME Photos, #5 Exhibit C - ME Photos, #6 Exhibit D - SIU Photos, #7 Exhibit E - TBI Records, #8 Exhibit F - TBI Photos, #9 Exhibit G - 911 Call Log, #10 Exhibit H - EMS Records, #11 Exhibit I - Autopsy Photos, #12 Exhibit J - Chain of Custody Records, #13 Exhibit K - Scene Photos, #14 Exhibit L - DVDs - Filed Manually)(Haltom, James)
March 2, 2012 Opinion or Order Filing 90 NOTICE of Filing by The Prudential Insurance Company of America of Ross M. Gardner's Expert Statement (Attachments: #1 Attachment Expert Statement of Ross M. Gardner)(Haltom, James)
March 2, 2012 Opinion or Order Filing 89 Sealed Document Exhibits to Donald A. Raulerson's Expert Statement filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit A - CV, #2 Exhibit B - Listing of Documents Reviewed, #3 Exhibit C - SSB Financial Statement, #4 Exhibit D - Smith's Assets, #5 Exhibit E - Summary of Smith's Business Activities, #6 Exhibit F - Summary of Nashyork LLC, #7 Exhibit G - Summary of GLS Florida Properties LLC, #8 Exhibit H - Summary of Wild W LLC, #9 Exhibit I - Summary of Tin Cup Condo, #10 Exhibit J - Summary of Creekside LLC, #11 Exhibit K - Summary of NewBrockton LLC, #12 Exhibit L - Summary of Dothan Ventures LLC, #13 Exhibit M - Summary of Real Estate LLCs, #14 Exhibit N - 11 USC 101(32), #15 Exhibit O - Summary of Real Estate LLCs, #16 Exhibit P - Smith's Financial Position, #17 Exhibit Q - UCC 1-201(23), #18 Exhibit R - LLCs Failure to Pay Timely, #19 Exhibit S - Real Estate LLCs Lawsuits and Liens, #20 Exhibit T - 2007 and 2008 Bank Disclosures, #21 Exhibit U - Dividend and Interest)(Haltom, James)
March 2, 2012 Opinion or Order Filing 88 NOTICE of Filing by The Prudential Insurance Company of America of Donald A. Raulerson's Expert Statement (Attachments: #1 Attachment Expert Statement of Donald A. Raulerson)(Haltom, James)
March 2, 2012 Opinion or Order Filing 87 Sealed Document Exhibits to Tracey S. Corey's Expert Statement filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit A - Corey's CV, #2 Exhibit B - Court Appearances, #3 Exhibit C - Death Certificate, #4 Exhibit C - ME Records, #5 Exhibit C - ME Photos, #6 Exhibit C - ME Photos, #7 Exhibit C - ME Photos, #8 Exhibit C - TBI Testing, #9 Exhibit C - EMS Records, #10 Exhibit C - Lawrence County Sheriff Records, #11 Exhibit C - Lawrence County Sheriff Photos, #12 Exhibit C - Letter, #13 Exhibit C - SIU File, #14 Exhibit C - SIU File, #15 Exhibit C - SIU File, #16 Exhibit C - SIU File, #17 Exhibit C - Photographs, #18 Exhibit C - Scene Photographs, #19 Exhibit C - Autopsy Photographs)(Haltom, James)
March 2, 2012 Opinion or Order Filing 86 NOTICE of Filing by The Prudential Insurance Company of America of Tracey S. Corey, M.D.'s Expert Statement (Attachments: #1 Attachment Tracey S. Corey's Expert Statement)(Haltom, James)
March 2, 2012 Opinion or Order Filing 85 NOTICE of Filing by Sherri Smith, Tyler Smith Expert Witness Statements (Attachments: #1 Attachment Dr. William L. Manion Expert Statement, #2 Attachment Dr. David F. Street Expert Statement, #3 Attachment Tom Price Expert Statement)(Weissman, David)
March 1, 2012 Opinion or Order Filing 84 ORDER granting #82 Motion for Leave to File Manually. Signed by District Judge Aleta A. Trauger on 3/1/2012. (hb)
March 1, 2012 Opinion or Order Filing 83 ORDER granting #81 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 3/1/2012. (hb)
February 29, 2012 Opinion or Order Filing 82 MOTION for Leave to File Manually by Prudential Financial, Inc., The Prudential Insurance Company of America. (Haltom, James)
February 29, 2012 Opinion or Order Filing 81 MOTION for Leave to File Document Under Seal Expert Statement Exhibits by Prudential Financial, Inc., The Prudential Insurance Company of America. (Haltom, James)
February 8, 2012 Opinion or Order Filing 80 CORRECTED MEMORANDUM signed by District Judge Aleta A. Trauger on 2/8/2012. (hb)
February 2, 2012 Opinion or Order Filing 79 ORDER REGARDING EXPERTS. Signed by District Judge Aleta A. Trauger on 2/2/12. (see ORDER FOR BRIEFING SCHEDULE)(af)
February 2, 2012 Opinion or Order Filing 78 ORDER: For the reasons set forth in the accompanying memorandum, the Motion for Summary Judgment filed by the defendant (Docket No. #37 ) is GRANTED IN PART and DENIED IN PART. The Plaintiffs' claims of bad faith under Tenn. Code Ann. 56-7-105 are hereby DISMISSED. The Plaintiffs' breach of contract claim will remain for trial. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 2/2/2012. (hb)
February 2, 2012 Opinion or Order Filing 77 MEMORANDUM signed by District Judge Aleta A. Trauger on 2/2/2012. (hb)
January 27, 2012 Opinion or Order Filing 76 ORDER SETTING JURY TRIAL: Jury Trial set Monday, 7/23/2012 at 9:00 AM & Pretrial Conference set 7/12/2012 at 2:00 PM before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 1/27/12. (SEE ORDER FOR OTHER DEADLINES & DETAILS)(af)
January 27, 2012 Opinion or Order Filing 75 ORDER granting #74 Motion to Modify CMO. Signed by District Judge Aleta A. Trauger on 1/27/12. (af)
January 25, 2012 Opinion or Order Filing 74 Joint MOTION to Amend/Correct #30 Order, #14 Order,, Set Deadlines/Hearings, with regards to the Date of Trial and Related Deadlines by Prudential Financial, Inc., The Prudential Insurance Company of America. (Attachments: #1 Proposed Order to Modify)(Haltom, James)
December 28, 2011 Opinion or Order Filing 73 REPLY Brief in Support of #37 MOTION for Summary Judgment filed by The Prudential Insurance Company of America. (Attachments: #1 Attachment 200 Tenn.App. Lexis 407, #2 Attachment 1998 U.S. Lexis 20789, #3 Attachment 2001 Tenn.App. Lexis 520, #4 Attachment 2008 U.S. App. Lexis 8869, #5 Attachment 2010 U.S. Dist. Lexis 100366, #6 Attachment 2010 U.S. Dist. Lexis 123404)(Collins, Betsy) Modified on 12/29/2011 (rd).
December 28, 2011 Opinion or Order Filing 72 RESPONSE filed by The Prudential Insurance Company of America to #66 Additional Material Facts in Support of Response to Motion for Summary Judgment , filed by Sherri Smith, Tyler Smith. (Collins, Betsy) Modified on 12/29/2011 (rd).
December 28, 2011 Opinion or Order Filing 71 Sealed Document Deposition of William Manion Volume II filed by The Prudential Insurance Company of America. (Collins, Betsy)
December 28, 2011 Opinion or Order Filing 70 Sealed Document Deposition of William Manion Volume I with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit Report Dated 09/15/2011, #2 Exhibit Printout from Law-Med Consultants LLC, #3 Exhibit JurisPro Expert Witness Directory Document, #4 Exhibit SEAK Expert Witness Directory Document, #5 Exhibit "Operational Criteria for the Determination of Suicide", #6 Exhibit TIBRS Incident Report, #7 Exhibit Report of Investigation by County Medical Examiner, #8 Exhibit Letter on Hollins, Wagster, Weatherly & Raybin, PC Letterhead dated 10/28/2009, #9 Exhibit Report of Investigation by County Medical Examiner, #10 Exhibit "Multivariate Analysis ('Forensiometrics'), #11 Exhibit "Empirical Criteria for the Determination of Suicide Manner of Death", #12 Exhibit Report from Ross M. Gardner)(Collins, Betsy)
December 23, 2011 Opinion or Order Filing 69 AGREED ORDER ON DEFT'S #68 MOTION FOR ENTRY OF AGREED ORDER EXTENDING TIME FOR DEFT TO REPLY TO PLTFS' RESPONSE TO DEFT'S MOTION FOR SUMMARY JUDGMENT AND STATEMENT OF FACTS. Signed by District Judge Aleta A. Trauger on 12/23/11. (rd)
December 22, 2011 Opinion or Order Filing 68 Consent MOTION for Extension of Time to File Response/Reply as to #63 Response in Opposition to Motion, #65 Response in Opposition to Motion, #66 Response in Opposition to Motion,, #64 Response in Opposition to Motion for Summary Judgment by The Prudential Insurance Company of America. (Attachments: #1 Proposed Order Proposed Agreed Order)(Collins, Betsy)
December 20, 2011 Opinion or Order Filing 67 NOTICE of Filing by Sherri Smith, Tyler Smith re Docket Annotation, #66 Response in Opposition to Motion,, (Attachments: #1 Exhibit William Manion Deposition, #2 Exhibit Affidavit of Sherri Smith, #3 Exhibit Tom Price Deposition, #4 Exhibit Sherri Smith Deposition, #5 Exhibit James Stroud Deposition, #6 Exhibit Exhibit 5 Melinda Brewer Deposition, #7 Exhibit Exhibit 16 Melinda Brewer Deposition, #8 Exhibit Exhibit 4 Melinda Brewer Deposition, #9 Exhibit Exhibit 4 Melinda Brewer Deposition, #10 Exhibit Exhibit 1 David Street Deposition, #11 Exhibit Dwight Wiles Deposition)(Weissman, David)
December 19, 2011 Opinion or Order Note to filer re #66 : Counsel failed to include the mandatory description of the attached exhibits. The exhibits shall be RESUBMITTED by filing a Notice of Filing and attaching the exhibits with the mandatory brief description. (i.e. Attachments: # 1 Exhibit 1 Police Report dated 1/1/06, # 2 Exhibit 2-Unreported Case Smith v. Jones). (rd)
December 16, 2011 Opinion or Order Filing 66 Additional Material Facts in Support of #63 Response to Motion for Summary Judgment filed by Sherri Smith, Tyler Smith. (Attachments: #1 Attachment Table of Statement of Facts Exhibits, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11)(Weissman, David) Modified on 12/19/2011 (rd).
December 16, 2011 Opinion or Order Filing 65 RESPONSE to Defendant's #39 Statement of Undisputed Facts filed by Sherri Smith, Tyler Smith. (Weissman, David) Modified on 12/19/2011 (rd).
December 16, 2011 Opinion or Order Filing 64 MEMORANDUM OF LAW in Response to #37 MOTION for Summary Judgment filed by Sherri Smith, Tyler Smith. (Weissman, David) Modified on 12/19/2011 (rd).
December 16, 2011 Opinion or Order Filing 63 RESPONSE to #37 MOTION for Summary Judgment filed by Sherri Smith, Tyler Smith. (Weissman, David) Modified on 12/19/2011 (rd).
November 29, 2011 Opinion or Order Filing 62 AGREED ORDER ON MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT. Signed by District Judge Aleta A. Trauger on 11/29/11. (rd)
November 29, 2011 Opinion or Order Filing 61 ORDER: Pltfs' #60 Motion for Entry of Agreed Order Extending Time to Respond to Motion for Summary Judgment is GRANTED. Signed by District Judge Aleta A. Trauger on 11/29/11. (rd)
November 22, 2011 Opinion or Order Filing 60 MOTION for Entry of Agreed Order Ectending Time to Respond to Motion for Summary Judgment by Sherri Smith, Tyler Smith. (Attachments: #1 Proposed Agreed Order to Extend Time to File Response)(Weissman, David) Modified on 11/23/2011 (rd).
November 14, 2011 Opinion or Order Filing 59 ORDER: Deft's #36 Motion for Oral Argument is DENIED. Signed by District Judge Aleta A. Trauger on 11/14/11. (rd)
November 14, 2011 Opinion or Order Filing 58 CONSENT ORDER ON DEFT'S MOTION TO FILE SUMMARY JUDGMENT EVIDENTIARY SUBMISSIONS UNDER SEAL. Signed by District Judge Aleta A. Trauger on 11/14/11. (rd)
November 14, 2011 Opinion or Order Filing 57 Sealed Document Deposition of Thomas Price with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Haltom, James)
November 11, 2011 Opinion or Order Filing 56 Sealed Document Deposition of David Street with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Haltom, James)
November 11, 2011 Opinion or Order Filing 55 Sealed Document Deposition of Tracey Corey with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Haltom, James)
November 11, 2011 Opinion or Order Filing 54 Sealed Document Deposition of Don Raulerson with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1)(Haltom, James)
November 11, 2011 Opinion or Order Filing 53 Sealed Document Deposition of Ross Gardner with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Haltom, James)
November 11, 2011 Opinion or Order Filing 52 Sealed Document Deposition of Kris Wiatr with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 52)(Haltom, James)
November 11, 2011 Opinion or Order Filing 51 Sealed Document Deposition of Dwight Wiles Volume II with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 29, #2 Exhibit 30, #3 Exhibit 31, #4 Exhibit 32, #5 Exhibit 33, #6 Exhibit 34, #7 Exhibit 35, #8 Exhibit 36, #9 Exhibit 37, #10 Exhibit 38, #11 Exhibit 39, #12 Exhibit 40, #13 Exhibit 41, #14 Exhibit 42, #15 Exhibit 43, #16 Exhibit 44, #17 Exhibit 45, #18 Exhibit 46, #19 Exhibit 47, #20 Exhibit 48, #21 Exhibit 49, #22 Exhibit 50, #23 Exhibit 51, #24 Exhibit 52, #25 Exhibit 53, #26 Exhibit 54, #27 Exhibit 55, #28 Exhibit 56, #29 Exhibit 57, #30 Exhibit 58, #31 Exhibit 59, #32 Exhibit 60, #33 Exhibit 61, #34 Exhibit 62, #35 Exhibit 63, #36 Exhibit 64, #37 Exhibit 65, #38 Exhibit 66, #39 Exhibit 67, #40 Exhibit 68, #41 Exhibit 69, #42 Exhibit 70, #43 Exhibit 71, #44 Exhibit 72, #45 Exhibit 73, #46 Exhibit 74, #47 Exhibit 75, #48 Exhibit 76, #49 Exhibit 77, #50 Exhibit 78, #51 Exhibit 79, #52 Exhibit 80, #53 Exhibit 81, #54 Exhibit 82, #55 Exhibit 83, #56 Exhibit 84, #57 Exhibit 85, #58 Exhibit 86, #59 Exhibit 87, #60 Exhibit 88, #61 Exhibit 89, #62 Exhibit 90, #63 Exhibit 91, #64 Exhibit 92, #65 Exhibit 93, #66 Exhibit 94, #67 Exhibit 95, #68 Exhibit 96, #69 Exhibit 97, #70 Exhibit 98)(Haltom, James)
November 11, 2011 Opinion or Order Filing 50 Sealed Document Deposition of Dwight Wiles Volume I with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 23, #2 Exhibit 24, #3 Exhibit 25, #4 Exhibit 26, #5 Exhibit 27, #6 Exhibit 28)(Haltom, James)
November 11, 2011 Opinion or Order Filing 49 Sealed Document Deposition of Melinda Brewer with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19B, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Haltom, James)
November 11, 2011 Opinion or Order Filing 48 Sealed Document Deposition of Steve Scott with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Haltom, James)
November 11, 2011 Opinion or Order Filing 47 Sealed Document Deposition of Adele Lewis with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Haltom, James)
November 11, 2011 Opinion or Order Filing 46 Sealed Document Deposition of James Stroud with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Haltom, James)
November 11, 2011 Opinion or Order Filing 45 Sealed Document Deposition of Tyler Smith with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Haltom, James)
November 11, 2011 Opinion or Order Filing 44 Sealed Document Deposition of Sherri Smith Volume II with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 23, #2 Exhibit 24, #3 Exhibit 25, #4 Exhibit 26)(Haltom, James)
November 11, 2011 Opinion or Order Filing 43 Sealed Document Deposition of Sherri Smith Volume I with Exhibits filed by The Prudential Insurance Company of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, 21 and 22)(Haltom, James)
November 10, 2011 Opinion or Order Filing 42 TABLE OF SOF EXHIBITS filed by The Prudential Insurance Company of America re #39 Statement of facts,. (Attachments: #1 Exhibit 23, #2 Exhibit 24, #3 Exhibit 25, #4 Exhibit 26, #5 Exhibit 27, #6 Exhibit 28, #7 Exhibit 29, #8 Exhibit 30, #9 Exhibit 31, #10 Exhibit 32, #11 Exhibit 33, #12 Exhibit 34, #13 Exhibit 35, #14 Exhibit 36, #15 Exhibit 37, #16 Exhibit 38, #17 Exhibit 39, #18 Exhibit 40, #19 Exhibit 41, #20 Exhibit 42, #21 Exhibit 43, #22 Exhibit 44, #23 Exhibit 45)(Haltom, James) Modified on 11/16/2011 (rd).
November 10, 2011 Opinion or Order Filing 41 TABLE OF SOF EXHIBITS filed by The Prudential Insurance Company of America re #39 Statement of facts. (Attachments: #1 Exhibit 16, #2 Attachment A, #3 Attachment B, #4 Attachment C, #5 Attachment D, #6 Attachment E, #7 Attachment F, #8 Attachment G, #9 Attachment H, #10 Attachment I, #11 Attachment J, #12 Attachment K, #13 Attachment L, #14 Attachment M, #15 Attachment N, #16 Attachment O, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Haltom, James) Modified on 11/16/2011 (rd).
November 10, 2011 Opinion or Order Filing 40 TABLE OF SOF EXHIBITS filed by The Prudential Insurance Company of America re #39 Statement of facts. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15)(Haltom, James) Modified on 11/16/2011 (rd).
November 10, 2011 Opinion or Order Filing 39 STATEMENT of Undisputed Material Facts. (Attachments: #1 Table of SOF Exhibits, #2 Attachment, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit)(Haltom, James) Modified on 11/16/2011 (rd).
November 10, 2011 Opinion or Order Filing 38 MEMORANDUM in Support of #37 MOTION for Summary Judgment filed by The Prudential Insurance Company of America. (Haltom, James)
November 10, 2011 Opinion or Order Filing 37 MOTION for Summary Judgment by The Prudential Insurance Company of America. (Haltom, James)
November 10, 2011 Opinion or Order Filing 36 MOTION for Hearing on on Motion for Summary Judgment by The Prudential Insurance Company of America. (Haltom, James)
November 10, 2011 Opinion or Order Filing 35 ORDER: Deft's #32 Motion for Leave to File Summary Judgment Evidentiary Submissions Under Seal is GRANTED. Signed by District Judge Aleta A. Trauger on 11/10/11. (rd)
November 10, 2011 Opinion or Order Filing 34 ORDER: Deft's #31 Motion to Increase Page Limits by Five Pages for Brief in Support of Summary Judgment is GRANTED. Signed by District Judge Aleta A. Trauger on 11/10/11. (rd)
November 10, 2011 Opinion or Order Filing 33 PROPOSED CONSENT ORDER on #32 Motion to File Summary Judgment Evidentiary Submissions Under Seal, by Prudential Financial, Inc., The Prudential Insurance Company of America. (Haltom, James) Modified on 11/16/2011 (rd).
November 9, 2011 Opinion or Order Filing 32 MOTION for Leave to File Summary Judgment Evidentiary Submissions Under Seal by The Prudential Insurance Company of America. (Haltom, James) Modified on 11/10/2011 (rd).
November 9, 2011 Opinion or Order Filing 31 MOTION to Increase Page Limits by Five Pages for Brief by The Prudential Insurance Company of America. (Haltom, James) Modified on 11/10/2011 (rd).
October 27, 2011 Opinion or Order Filing 30 ORDER TO MODIFY CASE MANAGEMENT ORDER. Signed by District Judge Aleta A. Trauger on 10/27/11. (rd)
October 27, 2011 Opinion or Order Filing 29 ORDER: The parties' #28 Joint Consent Motion for a Limited Modification to the #24 Case Management Order is GRANTED. Signed by District Judge Aleta A. Trauger on 10/27/11. (rd)
October 26, 2011 Opinion or Order Filing 28 Consent MOTION to Amend/Correct #24 Order, Set Deadlines, #14 Order, Set Deadlines/Hearings,, with regards to certain discovery dates to allow the completion of one expert witness and to extend the dispositive motions date by Prudential Financial, Inc., The Prudential Insurance Company of America. (Attachments: #1 Proposed Order)(Haltom, James)
September 14, 2011 Opinion or Order Filing 27 ORDER: IT IS ORDERED that the Case Management Order (Doc. No. 14 and 24) shall remain as scheduled, except that the deadline to complete lay depositions shall be moved from September 15, 2011 to October 15, 2011, which is limited to the depositions of Kris Wiatr and Sherri Smith. Sherri Smith's deposition will be further be limited to no more than three (3) hours. All other discovery related matters and dates shall remain unaffected by this Order. Dated this the 14th day of September, 2011. Signed by District Judge Aleta A. Trauger on 9/14/11. (af)
September 13, 2011 Opinion or Order Filing 26 Consent MOTION to Amend/Correct #24 Order, Set Deadlines, #14 Order,, Set Deadlines/Hearings, by Prudential Financial, Inc., The Prudential Insurance Company of America. (Attachments: #1 Proposed Order to Modify Case Management Order)(Haltom, James)
July 25, 2011 Opinion or Order Filing 25 ORDER RESETTING JURY TRIAL: Jury Trial reset for 2/28/2012 at 9:00 AM in Courtroom 873. Pretrial Conference reset for 2/24/2012 at 1:30 PM in Room 825 before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 7/25/11. (af)
July 25, 2011 Opinion or Order Filing 24 ORDER resetting deadlines (see order for details). Signed by District Judge Aleta A. Trauger on 7/25/11. (af)
July 25, 2011 Opinion or Order Filing 23 ORDER granting #22 Joint Consent Motion to Modify Case Management Order and Trial Date. Signed by District Judge Aleta A. Trauger on 7/25/11. (af)
July 22, 2011 Opinion or Order Filing 22 Joint MOTION to Amend/Correct #14 Order, Set Deadlines/Hearings,, by The Prudential Insurance Company of America. (Attachments: #1 Proposed Order to Modify Case Management Order)(Haltom, James)
April 12, 2011 Opinion or Order Filing 21 AGREED PROTECTIVE ORDER. Signed by District Judge Aleta A. Trauger on 4/12/11. (dt)
April 12, 2011 Opinion or Order Filing 20 ORDER granting #19 Motion for Protective Order. Signed by District Judge Aleta A. Trauger on 4/12/11. (dt)
April 11, 2011 Opinion or Order Filing 19 MOTION for Protective Order by Prudential Financial, Inc., The Prudential Insurance Company of America. (Attachments: #1 Proposed Order)(Haltom, James)
March 4, 2011 Opinion or Order Filing 18 ORDER TO MODIFY CASE MANAGEMENT ORDER AS TO THE DATE OF MEDIATION: The Case Management Order #14 shall remain as scheduled, except that the date of mediation shall be moved from 3/2/2011 to 5/11/2011 and all other matters and dates shall remain unaffected by this Order. Signed by District Judge Aleta A. Trauger on 3/4/11. (dt)
March 4, 2011 Opinion or Order Filing 17 ORDER granting #16 Motion to Modify Case Management Order as to the Date of Mediation. Signed by District Judge Aleta A. Trauger on 3/4/11. (dt)
March 3, 2011 Opinion or Order Filing 16 Joint MOTION to Amend/Correct #14 Order, Set Deadlines/Hearings,, Case Management Order as to the Date of Mediation by The Prudential Insurance Company of America. (Attachments: #1 Proposed Order)(Haltom, James)
December 17, 2010 Opinion or Order Filing 15 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 2/21/2012, at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference set for 2/17/2012, at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Exhibit List due by 2/14/2012. Witness List due by 2/14/2012. Joint Proposed Pretrial Order due by 2/14/2012. Signed by District Judge Aleta A. Trauger on 12/17/10. (tmw)
December 17, 2010 Opinion or Order Filing 14 CASE MANAGEMENT ORDER: Discovery due by 5/15/2011; Dispositive Motions due by 10/1/2011; Final Pretrial Conference set for 2/17/2012 01:30 PM in Chambers 825 with the Jury Trial set for 2/21/2012 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 12/17/2010. (ab)
December 17, 2010 Opinion or Order Filing 13 PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (Weissman, David)
December 6, 2010 Opinion or Order Minute Entry for proceedings before District Judge Aleta A. Trauger: Case Management Conference held on 12/6/2010. Joint Mediation Report due 12/20/10. Revised CMO due. (kb)
December 1, 2010 Opinion or Order Filing 12 PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (Haltom, James)
October 12, 2010 Opinion or Order Filing 11 AGREED ORDER AND STIPULATION SUBSTITUTING THE PRUDENTIAL INSURANCE COMPANY OF AMERICA AS THE PROPER DEFENDANT. Signed by District Judge Aleta A. Trauger on 10/12/10. (dt)
October 12, 2010 Opinion or Order Filing 10 ORDER granting #9 Motion to Substitute Party. The Prudential Insurance Company of America added. Prudential Financial, Inc. terminated. Signed by District Judge Aleta A. Trauger on 10/12/10. (dt)
October 11, 2010 Opinion or Order Filing 9 First MOTION to Substitute Party The Prudential Insurance Company of America by Sherri Smith, Tyler Smith. (Attachments: #1 Proposed Order Proposed Agreed Order)(Weissman, David)
September 13, 2010 Opinion or Order Filing 8 ANSWER to Complaint by Prudential Financial, Inc..(Haltom, James)
September 10, 2010 Opinion or Order Filing 7 ORDER granting #5 Motion for Betsy P. Collins to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 9/10/10. (dt)
September 10, 2010 Opinion or Order Bar status for attorney Betsy P. Collins of GA verified as active this date. (dt)
September 9, 2010 Opinion or Order Filing 6 RECEIPT #34675013678 in the amount of $75.00 posted by Burr and Forman for Betsy P. Collins, attorney for Prudential Financial, Inc., re #5 Motion to Appear Pro Hac Vice. (dt)
September 9, 2010 Opinion or Order Filing 5 MOTION for attorney(s) Betsy P. Collins to Appear Pro Hac Vice (Fee paid on 9/9/10) by Prudential Financial, Inc.. (Attachments: #1 Attachment Affidavit of Betsy P. Collins, #2 Attachment Certificate of Good Standing, #3 Proposed Order)(Potter, Thomas) Modified Text on 9/9/2010 (dt).
September 9, 2010 Opinion or Order Filing 4 NOTICE of Initial Case Management Conference set for Monday 12/6/2010 at 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (eh)
September 9, 2010 Opinion or Order Bar status for attorneys David J. Weissman, James Leroy Weatherly, Jr, John J. Hollins, James Auman Haltom, Thomas K. Potter, III of TN and Betsy P. Collins of AL verified as active on this date. (eh)
September 9, 2010 Opinion or Order NOTICE TO COUNSEL Betsy P. Collins of AL : WITHIN 20 DAYS (on or before 9/28/2010), 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 where admitted, and pay a fee of $75.00 (LR 83.01(d). (eh)
September 8, 2010 Opinion or Order Filing 3 NOTICE to Adverse party of Filing of Removal by Prudential Financial, Inc. (eh)
September 8, 2010 Opinion or Order Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Prudential Financial, Inc. (eh)
September 8, 2010 Opinion or Order Filing 1 NOTICE OF REMOVAL by Prudential Financial, Inc. from Circuit Court of Davidson County, Tennessee, case number 10C3032.Filing fee paid $350. (Attachments: #1 Exhibit A-Circuit Court Complaint, #2 Attachment Civil Cover Sheet)(eh)

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Search for this case: Smith et al v. Prudential Financial, Inc.
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Plaintiff: Sherri Smith
Represented By: John J. Hollins, Jr.
Represented By: James Leroy Weatherly, Jr.
Represented By: David J. Weissman
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Plaintiff: Tyler Smith
Represented By: John J. Hollins, Jr.
Represented By: James Leroy Weatherly, Jr.
Represented By: David J. Weissman
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Defendant: Prudential Financial, Inc.
Represented By: Betsy P. Collins
Represented By: James Auman Haltom
Represented By: Thomas K. Potter, III
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Defendant: The Prudential Insurance Company of America
Represented By: Betsy P. Collins
Represented By: James Auman Haltom
Represented By: Thomas K. Potter, III
Represented By: Taylor N. Barr
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