Passmore v. Mapco Express, Inc. et al
| Passmore and Todd B. Passmore |
| Mapco Express, Inc, Delek US Holdings, Inc. and Mapco Express, Inc. |
| 3:2016cv01746 |
| July 7, 2016 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Joe Brown |
| Waverly D Crenshaw |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on November 1, 2017. A more recent docket listing may be available from PACER.
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Filing 58
AGREED ORDER OF DISMISSAL WITH PREJUDICE: Plaintiff Todd B. Passmore (Plaintiff) and Defendant MAPCO Express, Inc. (MAPCO), having fully compromised and resolved all disputes between them, request that the Court DISMISS Plaintiff's lawsuit against MAPCO WITH PREJUDICE. Each party shall bear his or its own costs, attorneys' fees, and expenses. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/1/17. (am)
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| Filing 57 PROPOSED ORDER OF DISMISSAL With Prejudice (AGREED) filed by Delek US Holdings, Inc., Mapco Express, Inc.. (Lonergan, Matthew) |
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Filing 56
ORDER: The Court has been advised by the parties that all matters and things in controversy in this action have been compromised and settled. Accordingly, the parties shall file an Agreed Order of Dismissal by October 31, 2017. The pretrial conference set for October 23, 2017 and the trial set for October 31, 2017 are hereby CANCELLED. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/20/17. (afs)
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| Filing 55 NOTICE of Settlement by Delek US Holdings, Inc., Mapco Express, Inc. (Lonergan, Matthew) |
| Filing 54 NOTICE by Mapco Express, Inc. Defendant's Deposition Designations (Lonergan, Matthew) |
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Filing 53
ORDER granting in part and denying in part #25 Motion for Summary Judgment. For the reasons stated in the accompanying Memorandum, the Motion for Summary Judgment (Doc. No. 25) filed by Mapco Express, Inc. and Delek US Holdings, Inc. is hereby GRANTED IN PART and DENIED IN PART as follows: (1) The Motion is GRANTED with respect to Todd Passmore's claims against Delek US Holdings and that Defendant is hereby DISMISSED WITH PREJUDICE; (2) The Motion is also GRANTED with respect to Passmore's claims against Mapco for Age Discrimination under federal and state law, as well as his claim for retaliation under the Tennessee Public Protection Act; and (3) The Motion is DENIED with respect to Passmore's claims against Mapco for retaliation under Title VII and the Tennessee Human Rights Act. Those two claims will be tried to a jury commencing on October 31, 2017, with the final pretrial conference to be held on October 23, 2017 at 10:30 a.m., both as previously scheduled. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/19/17. (am)
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| Filing 52 MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/19/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
| Filing 51 MEMORANDUM in Support of #50 Objections filed by Todd B. Passmore . (Attachments: #1 Attachment First Horizon National Corporation v. Houston Casualty Company)(Steiner, Ann) |
| Filing 50 OBJECTIONS to the Magistrate Judge's Ruling filed by Todd B. Passmore re #48 Order on Motion for Leave, Order on Motion to Amend/Correct. (Steiner, Ann) Modified on 8/25/2017 (am). |
| Filing 49 REPLY to Response to Motion re #25 MOTION for Summary Judgment (CORRECTED) filed by Delek US Holdings, Inc., Mapco Express, Inc.. (Rodgers, John) |
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Filing 48
ORDER granting #34 Motion for Leave to File Brief in Excess of Twenty Five Pages; granting #42 Motion for Leave to File Excess of Page Limit; denying #45 Motion for Leave to File Sur-Reply; granting #46 Motion to Amend/Correct. With all due respect, counsel should seek permission for a longer brief before actually filing the proposed lengthy pleading. The motions to amend and correct the reply (Docket Entry 46) is GRANTED. The motion to file a 37-page response (Docket Entry 34) is reluctantly GRANTED. The motion to file a 14-page reply brief (Docket Entry 42) is GRANTED in part. A 10-page reply may be filed. The motion to file a surreply (Docket Entry 45) is DENIED. Surely, with the excess pages already filed, a surreply is not needed. Granting a surreply would undoubtedly only result in a motion for a sur-surreply. At some point the briefing has to end so the Court may render a decision. Signed by Magistrate Judge Joe Brown on 8/10/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 8/11/2017 (am).
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| Filing 47 RESPONSE in Opposition re #45 MOTION for Leave to File Sur-Reply re #41 Reply to Response to Motion filed by Delek US Holdings, Inc., Mapco Express, Inc.. (Lonergan, Matthew) Modified Text on 8/11/2017 (am). |
| Filing 46 MOTION to Amend/Correct #41 Reply to Response to Motion, #38 Notice (Other),,,,, by Todd B. Passmore. (Attachments: #1 Exhibit 1 Affidavit of Plaintiff)(Steiner, Ann) |
| Filing 45 MOTION for Leave to File Sur-Reply re #41 Reply to Response to Motion by Todd B. Passmore. (Attachments: #1 Attachment Pl. Sur-Reply, #2 Exhibit 1- Supp. Affidavit, #3 Exhibit 2- Worksheet Produced by Def, #4 Exhibit 3-Miller Depo.Excerpts)(Steiner, Ann) Modified Text on 8/9/2017 (am). |
| Filing 44 NOTICE of Filing by Delek US Holdings, Inc., Mapco Express, Inc. re #41 Reply to Response to Motion for Summary Judgment and Responses to Plaintiff's Statements of Additional Material Facts (Attachments: #1 Exhibit 1- Boulton Deposition Excerpts, #2 Exhibit 2- Terrell Deposition Excerpts, #3 Exhibit 3- Miller Deposition Excerpts, #4 Exhibit 4- Passmore Deposition Excerpts and Exhibit, #5 Exhibit 5- Veasman Deposition Excerpt, #6 Exhibit 6- Bates stamped Doc DEF001382, #7 Exhibit 7- Heck Deposition Excerpt)(Lonergan, Matthew) |
| Filing 43 RESPONSE filed by Delek US Holdings, Inc., Mapco Express, Inc. re #36 Statement of facts filed by Todd B. Passmore Responses to Plaintiff's Statement of Additional Material Facts. (Lonergan, Matthew) |
| Filing 42 MOTION for Leave to To File Excess of Page Limit re #41 Reply to Response to Motion for Summary Judgment by Delek US Holdings, Inc., Mapco Express, Inc.. (Lonergan, Matthew) |
| Filing 41 REPLY to Response to Motion re #25 MOTION for Summary Judgment filed by Delek US Holdings, Inc., Mapco Express, Inc.. (Lonergan, Matthew) |
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Filing 40
ORDER temporarily denying #37 Motion for Leave to File Document Under Seal. Beauchamp v. Federal Home Loan Mortgage Co., No. 15-6067, 2016WL 3671629, at *4-5 (6th Cir. Jul. 11, 2016) (quoting Shane Grp., Inc. v. Blue Cross Blue Shieldof Michigan, Nos. 15-1544, 1551, 1552, 2016 WL 3163073, at *3 (6th Cir. June 7, 2016)). Aprotective order in a case is insufficient cause for sealing a document. Id. at *4. Parties may have 7 days to provide proper justification for sealing. It appears much of the material would not justify sealing. Redacted copies should be submitted with any renewed motions. Absent justification the clerk will unseal after 7 days. (JBB)
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| Filing 39 *UNSEALED per Court's Order (DE 40)* Sealed Document filed by Todd B. Passmore. (Attachments: #1 Exhibit 18-July 12, 2013 Email from Swimmer, #2 Exhibit 20-Wagner 9/21/13 Promotion to DMIT, #3 Exhibit 11/09/13 Wagner Promotion to DM, #4 Exhibit 22-11/15/13 Wagner Salary Increase, #5 Exhibit 23-Wagner DMIT Training Path, #6 Exhibit 24-11/9/13 Rakoczy Promotion, #7 Exhibit 26-April 29, 2013 Audit, #8 Exhibit 29-Common Logo Documents, #9 Exhibit 30-Offer of Employment Rakoczy, #10 Exhibit 31-Spreadsheet, #11 Exhibit 38-August 2013 Bonuses, #12 Exhibit 39-September 2013 Bonuses, #13 Exhibit 40- October 2013 Bonuese, #14 Exhibit 45-September 19, 2013 Offer Letter to Wagner)(Steiner, Ann) Modified on 8/9/2017 (rd). |
| Filing 38 NOTICE of Filing by Todd B. Passmore re #33 Response in Opposition to Motion (Attachments: #1 Exhibit 1- Pl. Affidavit, #2 Exhibit 2-Def. Initial Disclosures, #3 Exhibit 3- Heck Depo., #4 Exhibit 4-Miller Depo., #5 Exhibit 5-Boulton Depo., #6 Exhibit 6-Terrell Depo., #7 Exhibit 7-Delek 2013 Form 10-K, #8 Exhibit 8-11/3/09 Offer to Plaintiff, #9 Exhibit 9-Veasman Depo., #10 Exhibit 10-AML Compliance Program, #11 Exhibit 11-12/18/13 Email from Heck, #12 Exhibit 12-12/19/13 Email from Heck, #13 Exhibit 13- Pl. Talent Review, #14 Exhibit 14-07/12 Email from Terrell, #15 Exhibit 15- 07/12/13 Coaching and Counseling Form, #16 Exhibit 16- 11/21/13 Email from Terrell, #17 Exhibit 17 - 11/22/13 Email from Heck, #18 Exhibit 19-Def. Supp. Responses, #19 Exhibit 25-Empl. Handbook, #20 Exhibit 27 - Mapco Mi Tienda Award, #21 Exhibit 28-Care Customer 1st Award, #22 Exhibit 32-11/15/13 Email from Terrell, #23 Exhibit 33-06/12/13 Email from Terrell, #24 Exhibit 37-11/01/13 Email Re: IRS, #25 Exhibit 35-11/5/13 Fax from IRS, #26 Exhibit 36-Emails from Terrell, #27 Exhibit 37 - Adcox Depo, #28 Exhibit 41 - Position Overview for Store Mgr., #29 Exhibit 42-Def. Resp. to 1st Discovery, #30 Exhibit 43-Chart of Store Assignments, #31 Exhibit 44-AML Documentation)(Steiner, Ann) |
| Filing 37 MOTION for Leave to File Document Under Seal by Todd B. Passmore. (Steiner, Ann) |
| Filing 36 STATEMENT of facts Plaintiff' Add'l Facts to Defendants filed by Todd B. Passmore in support of #33 Response in Opposition to Motion. (Steiner, Ann) |
| Filing 35 STATEMENT of facts Response to Defendant filed by Todd B. Passmore in support of #33 Response in Opposition to Motion, #28 Statement of facts. (Steiner, Ann) |
| Filing 34 MOTION for Leave to re #33 Response in Opposition to Motion by Todd B. Passmore. (Steiner, Ann) |
| Filing 33 RESPONSE in Opposition re #25 MOTION for Summary Judgment filed by Todd B. Passmore. (Steiner, Ann) |
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Filing 32
ORDER granting #31 Motion for Extension of Time to File Response re #25 MOTION for Summary Judgment as requested. (JBB)
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| Filing 31 MOTION for Extension of Time to File Response/Reply as to #26 Memorandum in Support, #28 Statement of facts, #25 MOTION for Summary Judgment by Todd B. Passmore. (Attachments: #1 Attachment Affidavit of Ann Steiner)(Steiner, Ann) |
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Filing 30
ORDER: The parties have filed a Stipulation to Dismiss Plaintiffs Hostile Work Environment Claim (Doc. No. #24 ) Accordingly, Plaintiff's hostile work environment claim against Defendants is DISMISSED WITH PREJUDICE. All other claims against the defendants are still pending. Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/17/2017. (ab)
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Filing 29
ORDER granting #27 Motion for Leave to excess pages as requested. Clerk will file the response. (JBB)
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| Filing 28 STATEMENT of facts (Undisputed Material Facts) filed by Delek US Holdings, Inc., Mapco Express, Inc. in support of #25 Motion for Summary Judgment,,. (Lonergan, Matthew) |
| Filing 27 MOTION for Leave to File Memorandum of Law in Excess of Page Limit re #26 Memorandum in Support by Delek US Holdings, Inc., Mapco Express, Inc. (Lonergan, Matthew) Modified Text on 7/21/2017 (am). |
| Filing 26 MEMORANDUM in Support of #25 MOTION for Summary Judgment filed by Delek US Holdings, Inc., Mapco Express, Inc. . (Lonergan, Matthew) |
| Filing 25 MOTION for Summary Judgment by Delek US Holdings, Inc., Mapco Express, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Amy Harrison_Redacted, #2 Exhibit 2 - Excerpts from the Depo of Tony Miller, #3 Exhibit 3 - Excerpts from the Depo of Todd Passmore with Exhibits_Redacted, #4 Exhibit 4 - Excerpts from the Depo of Andrew Heck with Exhibits, #5 Exhibit 5 - Declaration of Andrew Heck_Redacted, #6 Exhibit 6 - Excerpts from the Depo of Jennifer Boulton, #7 Exhibit 7 - Excerpts from the Depo of Mike Terrell with Exhibits, #8 Exhibit 8 - Excerpts from the Depo of Brian Veasman, #9 Exhibit 9 - Declaration of Brian Veasman)(Lonergan, Matthew) |
| Filing 24 STIPULATION BY THE PARTIES TO DISMISS PLAINTIFFS HOSTILE WORK ENVIRONMENT CLAIM by Todd B. Passmore. (Steiner, Ann) |
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Filing 23
ORDER: The Magistrate Judge has reviewed the separation agreement between the Defendant Mapco and Mr. Terrell, which was submitted for in camera review. The Magistrate Judge does not find anything in the agreement that would prevent Mr. Terrell from truthfully testifying about what information he may have concerning Plaintiffs termination and in particular what information he had and what he meant by the comment he had some information that may help Plaintiff's case. The separation agreement itself need not be provided by the Defendants. Signed by Magistrate Judge Joe Brown on 6/15/17. (am)
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| Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 6/8/2017. Order entered. (rd) |
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Filing 22
ORDER: A telephone conference was held with the parties in this matter on June 8, 2017. A joint statement of the issues was submitted to the Court, which will be attached to this order as Exhibit 1. The parties should reconvene Mr. Terrell's deposition within the next seven days, and complete to the extent necessary questioning concerning the information that he has about the Plaintiff's termination, which has not already been provided. Signed by Magistrate Judge Joe Brown on 6/8/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 21
ORDER granting #20 Motion for Extension of Time to Compel Deadline as requested to June 8, 2017. (JBB)
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| Filing 20 Joint MOTION for Extension of Time to Complete Discovery Motion to Compel Deadline by Todd B. Passmore. (Steiner, Ann) |
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Filing 19
ORDER: Telephone Conference set for 6/8/2017 10:30 AM in Courtroom 783 before Magistrate Judge Joe Brown. To participate in the conference call, the parties are directed to dial (877) 873-8017 at the scheduled time and enter Access Code 1958322# when prompted. By 12:00 p.m. (Noon) on Wednesday, June 7, 2017, the parties should submit a brief joint statement of the issues and a short statement of their respective positions on the issues to brownchambers@tnmd.uscourts.gov. Signed by Magistrate Judge Joe Brown on 6/6/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| DISREGARD DE: 18 , ENTERED IN ERROR. (am) |
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Filing 18
**DISREGARD ENTERED IN ERROR** SCHEDULING ORDER: Amended Pleadings due by 6/26/2017. Discovery due by 10/25/2017. Dispositive Motions due by 11/28/2017. Signed by Magistrate Judge Jeffery S. Frensley on 4/25/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified on 4/26/2017 (am).
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Filing 17
ORDER: Discovery due by 6/6/2017. Dispositive Motions due by 7/3/2017. Signed by Magistrate Judge Joe Brown on 4/25/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 4/25/2017. Order to enter. (rd) |
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Filing 16
ORDER: Telephone Conference set for 4/25/2017 01:00 PM before Magistrate Judge Joe Brown. To participate in the conference call, parties will call 1-877-873-8017 at the appointed time, and when prompted for the access code, enter 1958322# to join the conference call. Signed by Magistrate Judge Joe Brown on 4/24/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 15
ORDER: Discovery due by 5/26/2017. Dispositive Motions due by 6/26/2017. Signed by Magistrate Judge Joe Brown on 4/19/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 4/18/2017. Order to enter. (rd) |
| Filing 14 STATUS REPORT (JOINT) by Delek US Holdings, Inc., Mapco Express, Inc.. (Lonergan, Matthew) |
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Filing 13
ORDER granting #12 Motion for Extension of Time to Complete Discovery and disclose experts as requested. The parties did not request a change to the dispositive motion deadline. That deadline can be extended by motion as long as the parties leave at least 90 days from the close of briefing to the date of trial.
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| Filing 12 Joint MOTION for Extension of Time to Complete Discovery as to Expert Disclosure Deadlines by Todd B. Passmore. (Steiner, Ann) |
| Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 12/5/2016. (rd) |
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Filing 11
ORDER: Discovery due by 5/15/2017. Dispositive Motions due by 6/16/2017. Signed by Magistrate Judge Joe Brown on 12/5/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 10 STATUS REPORT (JOINT) by Delek US Holdings, Inc., Mapco Express, Inc.. (Rodgers, John) |
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Filing 9
ORDER: Jury Trial set for 10/31/2017 09:00 AM in Courtroom A859 before District Judge Waverly D. Crenshaw Jr. Pretrial Conference set for 10/23/2017 10:30 AM in Courtroom A859 before District Judge Waverly D. Crenshaw Jr. Exhibit List due by 10/16/2017. Witness List due by 10/16/2017. Joint Proposed Pretrial Order due by 10/16/2017. Signed by District Judge Waverly D. Crenshaw, Jr on 9/12/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 8
INITIAL CASE MANAGMENT ORDER: Telephone Conference set for 12/5/2016 10:00 AM before Magistrate Judge Joe Brown. To participate in the conference call, parties will call 877-873-8017 and enter Code 1958322# at the scheduled time. A joint statement of any unresolved issues and the possibility of ADR must be submitted to brownchambers@tnmd.uscourts.gov at least one full business day prior to the conference call. Motions To Amend due by 1/26/2017. Discovery due by 3/31/2017. Dispositive Motions due by 4/30/2017. Signed by Magistrate Judge Joe Brown on 9/6/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Minute Entry for proceedings held before Magistrate Judge Joe Brown: Case Management Conference held on 9/6/2016. ICMO to enter. (Digital Audio: 6sep2016) (rd) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT filed by Delek US Holdings, Inc., Mapco Express, Inc.. (Lonergan, Matthew) |
| Filing 6 ANSWER to Complaint by Delek US Holdings, Inc., Mapco Express, Inc..(Lonergan, Matthew) |
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Filing 5
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. The parties shall develop a plan for resolution of the case that includes at least two independent attempts to resolve the case. The first attempt shall occur within 90 days of the initial case management conference and the second attempt shall occur before the deadline for filing dispositive motions. The parties are encouraged to consider the Alternative Dispute Resolution options provided in Local Rule 16.02 through 16.07. This case shall be set for trial upon completion of the initial case management conference by order of the District Judge in accordance with the procedures of Local Rule 16.01(d)(5). Signed by District Judge Waverly D. Crenshaw, Jr on 7/11/16. (am)
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| Filing 4 NOTICE of Initial Case Management Conference set for 9/6/2016 at 10:00 AM in Courtroom 783 before Magistrate Judge Joe Brown. (am) |
| Filing 3 NOTICE of Corporate Disclosure Statement filing requirement. (am) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
| BAR STATUS FOR ATTORNEYS ANN BUNTIN STEINER, JOHN P. RODGERS, & MATTHEW C. LONERGAN OF TN VERIFIED ACTIVE ON THIS DATE. (am) |
| Filing 1 NOTICE OF REMOVAL by Delek US Holdings, Inc., Mapco Express, Inc. from Davidson County Circuit Court, case number 14C3765. ( Filing fee $ 400 receipt number 0650-2238842) (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit A- State Court Pleadings)(am) |
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