Neal v. Fort
| Will Neal, Jr. |
| John Fort and State Farm -NOT A NAMED PARTY |
| 3:2015cv00425 |
| April 14, 2015 |
| U.S. District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Aleta A Trauger |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Defendant |
Docket Report
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This docket was last retrieved on May 18, 2017. A more recent docket listing may be available from PACER.
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| Filing 66 STIPULATION of Dismissal by John Fort. (Klockenkemper, Joseph) |
| Case closed per filing of #66 STIPULATION of Dismissal by John Fort. No order to enter. (hb) |
Filing 65
ORDER: The court has been notified that this case has settled. It is hereby ORDERED that a stipulation of dismissal or other settlement document shall be filed within twenty (20) days of the entry of this Order. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 4/28/2017. (hb)
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| Filing 64 NOTICE of Change of Address by Ashley E. Geno (Geno, Ashley) |
| Filing 63 NOTICE by John Fort re #62 Order, Set Deadlines,, Joint Mediation Report (Klockenkemper, Joseph) |
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Filing 62
ORDER: Before resetting this case for a 2-day jury trial, it is hereby ORDERED that the parties shall engage in a mediation. It is further ORDERED that, by February 17, 2017, the parties shall file a joint mediation report that informs the court of the date on which they have scheduled the mediation with one of the mediators on the court's panel. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 2/9/2017. (hb)
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Filing 61
ORDER: For the reasons set forth in the accompanying Memorandum, the Motion for Summary Judgment (Docket No. #39 ) filed by the defendant, John Fort, and the Motion for Summary Judgment (Docket No. #43 ) filed by the unnamed defendant, State Farm Mutual Automobile Insurance Company, are DENIED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 2/9/2017. (hb)
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| Filing 60 MEMORANDUM signed by District Judge Aleta A. Trauger on 2/9/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) |
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Filing 59
ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Daubert Motion to Exclude the Testimony of Roman Kickirillo filed by the Plaintiff (Docket No. #36 ) is GRANTED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 1/30/2017. (hb)
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| Filing 58 MEMORANDUM signed by District Judge Aleta A. Trauger on 1/30/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) |
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Filing 57
ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Daubert Motion to Exclude the Testimony of David G. Huskey filed by the Plaintiff (Docket No. #35 ) is GRANTED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 1/20/2017. (hb)
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| Filing 56 MEMORANDUM signed by District Judge Aleta A. Trauger on 1/20/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) |
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Filing 55
ORDER: Upon the reassignment of this case to Judge Trauger, the reference to the magistrate judge is WITHDRAWN. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 1/17/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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| Filing 54 On 12/31/16, U.S. District Judge John T. Nixon retired. Pursuant to Administrative Order No. 138 entered 1/3/17 effective 1/9/17, this case has been randomly reassigned to Judge Trauger. (gb) |
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Filing 53
ORDER: Defendant's Motion for Summary Judgment (Doc. No. #39 ) ("Motion"), for which briefing was completed August 22, 2016 (see Doc. No. #50 ), remains pending before this Court. The Court hereby CONTINUES the pretrial conference and trial dates, to be reset if necessary after the Court rules on the Motion. It is so ORDERED. Signed by Senior Judge John T. Nixon on 10/17/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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| Due to the retirement of Magistrate Judge Bryant effective 8/31/2016 and pursuant to Administrative Order No. 138 entered on 9/1/2016, the magistrate judge now assigned to this case is Magistrate Judge Alistair Newbern. (gb) |
| Filing 52 REPLY to Response to Motion re #43 MOTION for Summary Judgment filed by State Farm -NOT A NAMED PARTY. (Schwartz, Dianne) |
| Filing 51 OBJECTIONS to plaintiff's response to statement of facts filed by John Fort re #49 Response in Opposition to Motion. (Klockenkemper, Joseph) |
| Filing 50 REPLY to Response to Motion re #39 MOTION for Summary Judgment filed by John Fort. (Attachments: #1 Exhibit omni ins. co. v. nickoloff (unreported decision))(Klockenkemper, Joseph) |
| Filing 49 RESPONSE in Opposition re #39 MOTION for Summary Judgment (John Fort's Motion) filed by Will Neal, Jr. (Attachments: #1 Exhibit Response to Fort's Statement of Facts)(Queener, Henry) |
| Filing 48 RESPONSE in Opposition re #43 MOTION for Summary Judgment (State Farm's Motion) filed by Will Neal, Jr. (Attachments: #1 Attachment Response to Statement of Facts, #2 Exhibit Fort's Interrogatory Answers)(Queener, Henry) |
| Filing 47 RESPONSE in Opposition re #36 MOTION to Exclude Testimony of Roman Kickirillo filed by State Farm -NOT A NAMED PARTY. (Attachments: #1 Exhibit A State Farm's Rule 26 Disclosure)(Schwartz, Dianne) |
| Filing 46 NOTICE of Filing by State Farm -NOT A NAMED PARTY re #43 MOTION for Summary Judgment (Attachments: #1 Exhibit Affidavit of Roman Kickirillo, #2 Exhibit Deposition of Will Neal, Jr., #3 Exhibit Deposition of Brian Russell Young, #4 Exhibit Deposition of Kimberly Young)(Schwartz, Dianne) |
| Filing 45 STATEMENT of facts filed by State Farm -NOT A NAMED PARTY in support of #43 Motion for Summary Judgment. (Attachments: #1 Exhibit Kickirillo Expert Report)(Schwartz, Dianne) |
| Filing 44 MEMORANDUM in Support of #43 MOTION for Summary Judgment filed by State Farm -NOT A NAMED PARTY . (Attachments: #1 Exhibit Kickirillo Expert Report)(Schwartz, Dianne) |
| Filing 43 MOTION for Summary Judgment by State Farm -NOT A NAMED PARTY. (Schwartz, Dianne) |
| Filing 42 RESPONSE in Opposition re #35 MOTION to Exclude Testimony of David Huskey filed by John Fort. (Klockenkemper, Joseph) |
| Filing 41 STATEMENT of facts filed by John Fort in support of #40 Memorandum in Support, #38 Notice (Other), #39 Motion for Summary Judgment. (Klockenkemper, Joseph) |
| Filing 40 MEMORANDUM in Support of #38 Notice (Other), #39 MOTION for Summary Judgment filed by John Fort . (Klockenkemper, Joseph) |
| Filing 39 MOTION for Summary Judgment by John Fort. (Klockenkemper, Joseph) |
| Filing 38 NOTICE of Filing by John Fort (Attachments: #1 Exhibit Deposition of Will Neal, Jr., #2 Exhibit Interrogatory responses of John Fort, #3 Exhibit Affidavit of David Huskey)(Klockenkemper, Joseph) |
| Filing 37 NOTICE of Filing by Will Neal, Jr re #35 MOTION to Exclude Testimony of David Huskey (Attachments: #1 Attachment Huskey Expert Supplement)(Queener, Henry) |
| Filing 36 MOTION to Exclude Testimony of Roman Kickirillo by Will Neal, Jr. (Attachments: #1 Exhibit Kickirillo Expert Disclosure)(Queener, Henry) |
| Filing 35 MOTION to Exclude Testimony of David Huskey by Will Neal, Jr. (Attachments: #1 Exhibit Huskey Expert Disclosure)(Queener, Henry) |
| Filing 34 NOTICE to Take Deposition of Kimberly Young by Will Neal, Jr.(Queener, Henry) |
| Filing 33 NOTICE to Take Deposition of Brian Young by Will Neal, Jr.(Queener, Henry) |
| Filing 32 SUBPOENA issued to Christopher Cotter and returned executed on 03/14/2016 as to Christopher Cotter by Will Neal, Jr (Queener, Henry) |
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Filing 31
ORDER granting #21 Motion for Extension of Time to Complete Discovery (for Plaintiff to disclose experts). Signed by Magistrate Judge John S. Bryant on 2/16/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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| Minute Entry for proceedings held before Magistrate Judge John S. Bryant: Telephone Status Conference held on 2/16/2016. (tm) |
| Filing 30 SUBPOENA issued to Christopher Shrum and returned executed on 01/25/2016 as to Christopher Shrum by Will Neal, Jr (Queener, Henry) |
| Filing 29 SUBPOENA issued to Christopher Cotter and returned executed on 01/25/2016 as to Christopher Cotter by Will Neal, Jr (Queener, Henry) |
| Filing 28 SUBPOENA issued to Alan Digruttolo and returned executed on 01/19/2016 as to Alan Digruttolo by Will Neal, Jr (Queener, Henry) |
| Filing 27 RESPONSE in Opposition re #21 MOTION for Extension of Time to Complete Discovery (for Plaintiff to disclose experts) filed by State Farm -NOT A NAMED PARTY. (Schwartz, Dianne) |
| TN BAR STATUS for Attys. Joseph B. Klockenkemper and Dianne M. Schwartz verified as active. (hb) |
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Filing 26
ORDER granting #24 Motion to Substitute Attorney. Attorney Joseph Bernard Klockenkemper, II terminate as counsel for Unnamed Defendant State Farm Mutual Automobile Insurance Company. Signed by Magistrate Judge John S. Bryant on 11/24/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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| Filing 25 RESPONSE to Motion re #21 MOTION for Extension of Time to Complete Discovery (for Plaintiff to disclose experts) filed by John Fort. (Klockenkemper, Joseph) |
| Filing 24 First MOTION to Substitute Attorney by John Fort. (Klockenkemper, Joseph) |
| Filing 23 ANSWER to #19 Amended Complaint by State Farm -NOT A NAMED PARTY.(Schwartz, Dianne) |
| Filing 22 NOTICE of Appearance by Dianne M. Schwartz on behalf of State Farm -NOT A NAMED PARTY (Schwartz, Dianne) |
| Filing 21 MOTION for Extension of Time to Complete Discovery (for Plaintiff to disclose experts) by Will Neal, Jr. (Queener, Henry) |
| Filing 20 ANSWER to #1 Complaint by John Fort.(Klockenkemper, Joseph) |
| NOTE TO FILER Joseph Klockenkemper re filing scanned documents. Your filings on this docket have been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Documents must be text searchable. Future scanned pleadings of this nature may require refiling. (hb) |
| Filing 19 AMENDED COMPLAINT pursuant to T.C.A. 20-1-119 against State Farm -NOT A NAMED PARTY, filed by Will Neal, Jr. (Attachments: #1 Attachment Summons to be issued)(Queener, Henry) |
| Filing 18 AMENDED ANSWER to by John Fort. (Klockenkemper, Joseph) |
| Filing 17 STIPULATION by John Fort. (Klockenkemper, Joseph) |
| Filing 16 ***DISREGARD - PDF ERROR*** STIPULATION Stipulation by Parties Allowing Amendments to Pleadings by John Fort. (Klockenkemper, Joseph) Modified text on 8/19/2015 (hb). |
| DISREGARD DE 16 STIPULATION - PDF ERROR - ATTY TO REFILE. (hb) |
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Filing 15
ORDER: Amended Pleadings due by 9/1/2015. Discovery due by 3/15/2016. Dispositive Motions due by 7/15/2016. Replies due by 9/1/2016. Jury Trial set for 12/6/2016 09:00 AM before Senior Judge John T. Nixon. Pretrial Conference set for 11/18/2016 10:00 AM before Senior Judge John T. Nixon. Telephone Conference set for 2/16/2016 09:30 AM before Magistrate Judge John S. Bryant. Signed by Magistrate Judge John S. Bryant on 6/15/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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| Minute Entry for proceedings held before Magistrate Judge John S. Bryant: Initial Case Management Conference held on 6/15/2015. (Tape #2015-14 JSB) (tm) |
| Filing 14 PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (Queener, Henry) |
| Filing 13 STIPULATION by John Fort. (Klockenkemper, Joseph) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT filed by State Farm -NOT A NAMED PARTY. (Klockenkemper, Joseph) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT filed by John Fort. (Klockenkemper, Joseph) |
| Filing 10 ANSWER to Complaint by State Farm -NOT A NAMED PARTY.(Klockenkemper, Joseph) |
| Filing 9 ANSWER to Complaint by John Fort.(Klockenkemper, Joseph) |
| Filing 8 NOTICE of Appearance by Joseph Bernard Klockenkemper, II on behalf of All Defendants (Klockenkemper, Joseph) |
| Filing 7 NOTICE of Appearance by Joseph Bernard Klockenkemper, II on behalf of All Defendants (Klockenkemper, Joseph) |
| Filing 6 SUMMONS returned executed by Will Neal, Jr. State Farm -NOT A NAMED PARTY served on 4/22/2015. (Queener, Henry) |
| Filing 5 SUMMONS returned executed by Will Neal, Jr. John Fort served on 4/21/2015. (Queener, Henry) |
| Filing 4 NOTICE of Initial Case Management Conference set for 6/15/2015 at 10:30 AM in Courtroom 776 before Magistrate Judge John S. Bryant. (hb) |
| Filing 3 Summons issued as to John Fort. (hb) |
| Filing 2 RECEIPT #3467503 in the amount of $400 re #1 Complaint. (hb) |
| TN BAR STATUS for Henry S. Queener verified as active. (hb) |
| Filing 1 COMPLAINT against John Fort filed by Will Neal, Jr. (Filing fee $ 400) (Attachments: #1 Attachment Civil Cover Sheet)(af) |
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