Vision Real Estate Investment Corp. et al v. Metropolitan Government of Nashville & Davidson County et al
| Michael Hampton, Autumn Assisted Living Partners, Inc. and Vision Real Estate Investment Corp. |
| Metropolitan Development and Housing Agency, The, Dominick Leonardo, Metropolitan Government of Nashville & Davidson County, Jim Shulman and Jim Schulman |
| David L Cooper |
| 3:2018cv00014 |
| January 4, 2018 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| William L Campbell |
| Waverly D Crenshaw |
| Jeffery S Frensley |
| Alistair Newbern |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on August 6, 2020. A more recent docket listing may be available from PACER.
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| Filing 137 ENTRY OF JUDGMENT re: #136 Order. (dt) |
Filing 136
ORDER: For the reasons stated in the accompanying Memorandum, Plaintiffs' motion to conduct discovery (Doc. No. #120 ) is DENIED. Metro's Motion for Judgment on the Pleadings (Doc. No. #99 ) is GRANTED. The constitutional claims (Counts One, Two, and Three) are DISMISSED WITH PREJUDICE. The pendant state law claims (Counts Four through Nine) against Metro and the Metropolitan Development and Housing Agency are DISMISSED WITHOUT PREJUDICE. This Order shall constitute the final judgment in this case under Fed. R. Civ. P. 58. The Clerk is directed to close the file. Signed by District Judge William L. Campbell, Jr on 8/6/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 135 MEMORANDUM Signed by District Judge William L. Campbell, Jr on 8/6/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) |
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Filing 134
ORDER: A telephonic case management conference to discuss the progress of discovery and case resolution is set for November 4, 2020, at 10:00 a.m. The parties shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 7/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 7/21/2020. (Hearing lasted :12)(kw) |
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Filing 133
ORDER: By agreement of the parties, the telephone conference with the Magistrate Judge that was previously set on June 2, 2020, is RESET to Tuesday, July 21, 2020, at 11:30 a.m. Signed by Magistrate Judge Alistair Newbern on 7/13/2020. (dt)
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Filing 132
ORDER granting #131 Motion to Extend Initial Disclosure Deadline. Signed by Magistrate Judge Alistair Newbern on 3/24/2020. (dt)
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| Filing 131 Joint MOTION for Extension of Time to Complete Discovery by Vision Real Estate Investment Corp.. (Fusner, George) |
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Filing 130
ORDER: Jury Trial set for 9/21/2021 at 9:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Pretrial Conference set for 9/13/2021 at 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Proposed Pretrial Order due by 9/7/2021. Exhibit List due by 9/7/2021. Witness List due by 9/7/2021. Signed by District Judge William L. Campbell, Jr on 2/10/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 129
INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 10/1/2020. Discovery due by 1/1/2021. Dispositive Motions due by 3/1/2021. Case Management Conference by Telephone set for 6/2/2020 at 09:30 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 1/30/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Initial Case Management Conference held on 1/30/2020. (Hearing lasted :14)(tm) |
| Filing 128 PROPOSED CASE MANAGEMENT ORDER filed by all parties. (Fusner, George) Modified on 1/28/2020 (dt). |
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Filing 127
MEMORANDUM ORDER: Plaintiffs' motion to strike MDHA's affirmative defenses (Doc. No. #106 ) is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED with respect to MDHA's second affirmative defense, and that defense is hereby STRICKEN WITH PREJUDICE. The motion is DENIED with respect to MDHA's first, third, fourth, fifth, and sixth affirmative defenses. Signed by Magistrate Judge Alistair Newbern on 01/03/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 126
ORDER granting #125 Motion to set an Initial Case Management Conference. An initial case management conference is set for January 30, 2020, at 9:30 a.m., in Courtroom 774. The parties shall file a joint proposed initial case management order by January 27, 2020. Signed by Magistrate Judge Alistair Newbern on 12/18/19. (dt)
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| Set/Reset Hearings: Initial Case Management Conference set for 1/30/2020 at 9:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (dt) |
| Filing 125 First MOTION Set an initial Case Management Conference by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
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Filing 124
ORDER denying #109 Motion to Stay. Signed by District Judge William L. Campbell, Jr on 12/16/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 123 RESPONSE in Opposition re #120 First MOTION to Conduct Limited Discovery Prior to Responding to Motion for Judgment on the Pleadings filed by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) |
| Filing 122 REPLY to Response to Motion re #99 MOTION for Judgment on the Pleadings filed by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) |
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Filing 121
ORDER: After consultation with the Magistrate Judge, the parties have agreed to continue the depositions of Jerry Maynard and Phyllis Vaughn that have been noticed for December 5 and 6, 2019, until the pending motion to stay proceedings and administratively close the case (Doc. No. #109 ) has been resolved. Plaintiffs shall move to set a case management conference within seven days of the resolution of that motion if the proposed stay is not granted. If the stay is granted, Plaintiffs shall move to set a case management conference within seven days of the stay being lifted. Signed by Magistrate Judge Alistair Newbern on 12/3/19. (dt)
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| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Telephone Discovery Conference held on 12/3/2019. (Hearing lasted :15)(tm) |
| Filing 120 First MOTION to Conduct Limited Discovery Prior to Responding to Motion for Judgment on the Pleadings by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 119 RESPONSE in Opposition re #99 MOTION for Judgment on the Pleadings filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Set Hearings: Discovery Hearing set for 12/2/2019 at 2:30 PM in Courtroom 774 before Magistrate Judge Alistair Newbern. (dt) |
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Filing 118
ORDER: The motion for a discovery conference is GRANTED. The telephonic conference is set for December 2, 2019, at 2:30 p.m. Signed by Magistrate Judge Alistair Newbern on November 26, 2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(AN) Modified on 12/2/2019 (dt).
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| Filing 117 AFFIDAVIT of Service for Subpoena Duces Tecum and Exhibit A (Amended Date) served on Jerry Maynard on 11/26/2019, filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 116 SUBPOENA issued to Jerry Maynard and returned executed on 11/26/2019 as to Jerry Maynard by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp. (Fusner, George) |
| Filing 115 NOTICE by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp. (Fusner, George) |
| Filing 114 RESPONSE in Opposition re #109 MOTION to Stay Proceedings and Administratively Close Case filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 113 RESPONSE in Opposition re #112 MOTION to Conduct Discovery Conference re #103 Subpoena, #109 MOTION to Stay Proceedings and Administratively Close Case, #102 Subpoena filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 112 MOTION to Conduct Discovery Conference re #103 Subpoena, #109 MOTION to Stay Proceedings and Administratively Close Case, #102 Subpoena by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) |
| Filing 111 RESPONSE in Opposition re #106 First MOTION to Strike #98 Answer to Amended Complaint filed by Metropolitan Development and Housing Agency, The. (Connell, Jordan) |
| Filing 110 MEMORANDUM in Support of #109 MOTION to Stay Proceedings and Administratively Close Case filed by Metropolitan Government of Nashville & Davidson County . (Oliver, Keli) |
| Filing 109 MOTION to Stay Proceedings and Administratively Close Case by Metropolitan Government of Nashville & Davidson County. (Attachments: #1 Exhibit A - Indictment)(Oliver, Keli) |
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Filing 108
ORDER granting #107 Motion for Extension of Time to File Response to #106 First MOTION to Strike #98 Answer to Amended Complaint . Signed by Magistrate Judge Alistair Newbern on 11/12/19. (dt)
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| Filing 107 MOTION for Extension of Time to File Response/Reply as to #106 First MOTION to Strike #98 Answer to Amended Complaint by Metropolitan Development and Housing Agency, The. (Attachments: #1 Exhibit 1 - Proposed Order)(Connell, Jordan) |
| Filing 106 First MOTION to Strike #98 Answer to Amended Complaint by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Attachments: #1 Attachment Memorandum of Law in Support of Plaintiff's Motion to Strike Certain Affimative Defenses in the Defendant, MDHA's Answer to Plaintiff's Second Amended Complaint)(Fusner, George) |
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Filing 105
ORDER granting #104 Motion for Extension of Time to File Response to #99 MOTION for Judgment on the Pleadings. Signed by District Judge William L. Campbell, Jr on 10/30/19. (dt)
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| Filing 104 First MOTION for Extension of Time to File Response/Reply as to #99 MOTION for Judgment on the Pleadings by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Attachments: #1 Attachment Proposed Order)(Fusner, George) |
| Filing 103 SUBPOENA issued to Jerry Maynard and returned executed on October 28, 2019 as to Jerry Maynard by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp. (Fusner, George) |
| Filing 102 SUBPOENA issued to Phyllis Vaughn and returned executed on October 28, 2019 as to Phyllis Vaughn by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp. (Fusner, George) |
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Filing 101
ORDER: On October 25, 2019, Defendant Metropolitan Government filed a motion for judgment on the pleadings. (Doc. No. #99 .) Any filings made related to the motion for judgment on the pleadings, including motions for extensions of time or to exceed page limits, shall be decided by Judge Campbell unless referred to the undersigned magistrate judge. Signed by Magistrate Judge Alistair Newbern on 10/25/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 100 MEMORANDUM in Support of #99 MOTION for Judgment on the Pleadings filed by Metropolitan Government of Nashville & Davidson County . (Oliver, Keli) |
| Filing 99 MOTION for Judgment on the Pleadings by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) |
| Filing 98 ANSWER to #45 Amended Complaint, Second by Metropolitan Development and Housing Agency, The.(Connell, Jordan) |
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Filing 97
ORDER granting #96 Motion for Extension of Time to Answer the #45 Amended Complaint. Metropolitan Development and Housing Agency, The answer due 10/24/2019. Signed by Magistrate Judge Alistair Newbern on 10/11/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 96 MOTION for Extension of Time to File Answer re #45 Amended Complaint, Second by Metropolitan Development and Housing Agency, The. (Attachments: #1 Attachment Agreed Order)(Connell, Jordan) |
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Filing 95
ORDER: For the reasons stated below, MDHA's Motion to Dismiss #72 is GRANTED, in part, DENIED, in part. The Motion to Dismiss #68 by Defendants Shulman and Leonardo Motion #68 is GRANTED. Signed by District Judge William L. Campbell, Jr on 9/30/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 94 MEMORANDUM Signed by District Judge William L. Campbell, Jr on 9/30/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) |
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Filing 93
ORDER: I hereby recuse myself in this case. The file shall be returned to the Clerk for reassignment to another judge. District Judge Aleta A. Trauger recused. Case reassigned to District Judge William L. Campbell, Jr for all further proceedings. Signed by District Judge Aleta A. Trauger on 9/10/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 92
ORDER OF RECUSAL: District Judge Eli J. Richardson recused. Case reassigned to District Judge Aleta A. Trauger for all further proceedings. Signed by District Judge Eli J. Richardson on 9/5/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 91
ORDER: Motion to Stay #70 is Granted, subject to a showing by Plaintiffs that any particular discovery request meets the standard articulated by the Court in its prior order. Signed by Magistrate Judge Alistair Newbern on 4/2/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 90 REPLY to Response to Motion re #70 Second MOTION to Stay Discovery Pending Ruling on Immunity Defenses on behalf of Dominick Leonardo and Jim Shulman filed by Dominick Leonardo, Jim Schulman. (Samson, Kendra) |
| Filing 89 REPLY to Response to Motion re #68 MOTION to Dismiss Second Amended Complaint by Dominick Leonardo and Jim Shulman filed by Dominick Leonardo, Jim Schulman. (Samson, Kendra) |
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Filing 88
ORDER granting #87 Motion to Accept and Consider Pages in Excess. Signed by District Judge Eli J. Richardson on 11/5/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 87 First MOTION Accept and Consider Pages in Excess by Metropolitan Development and Housing Agency, The. (Attachments: #1 Attachment Proposed Order)(Connell, Jordan) |
| Filing 86 REPLY to Response to Motion re #72 First MOTION to Dismiss Second Amended Complaint filed by Metropolitan Development and Housing Agency, The. (Connell, Jordan) |
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Filing 85
ORDER granting #84 Motion for Extension of Time to File Reply to #68 MOTION to Dismiss. Replies due by 11/5/2018. Signed by District Judge Eli J. Richardson on 11/1/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 84 MOTION for Extension of Time to File Response/Reply by Dominick Leonardo, Jim Schulman. (Attachments: #1 Attachment Proposed Order)(Samson, Kendra) |
| Filing 83 RESPONSE in Opposition re #70 Second MOTION to Stay Discovery Pending Ruling on Immunity Defenses on behalf of Dominick Leonardo and Jim Shulman filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| DISREGARD DE#82 ENTERED IN ERROR. (dt) |
| Filing 82 **DISREGARD ENTERED IN ERROR** ORDER (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 10/29/2018 (dt). |
| Filing 81 RESPONSE in Opposition re #72 First MOTION to Dismiss Second Amended Complaint filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
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Filing 80
ORDER granting #77 Motion to File Video Evidence. Signed by District Judge Eli J. Richardson on 10/26/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| NOTICE of Manual Filing by plaintiffs re: #80 Order. 1 thumb drive received in Clerk's Office 10/26/2018 and forwarded to Judge Richardson this date. (dt) |
| Filing 79 RESPONSE to Motion re #77 First MOTION to File Video Evidence on behalf of Defendants Leonardo and Shulman filed by Dominick Leonardo. (Samson, Kendra) |
| Filing 78 RESPONSE in Opposition re #68 MOTION to Dismiss Second Amended Complaint by Dominick Leonardo and Jim Shulman filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 77 First MOTION to File Video Evidence by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
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Filing 76
ORDER: Pursuant to the division of the docket, this case is transferred to Judge Eli J. Richardson. All previously imposed deadlines and Court dates remain unchanged, pending any further order from Judge Richardson. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/22/18. (dt)
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Filing 75
ORDER granting #67 Motion to Substitute Attorney. Added attorney Jordan C. Connell for Metropolitan Development and Housing Agency, The. Attorney John E. Quinn terminated. Signed by Magistrate Judge Alistair Newbern on 10/15/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 74
ORDER: Defendants Jim Shulman, Dominick Leonard, and Metropolitan Development and Housing Agency filed a motion to dismiss second amended complaint. (Doc. Nos. 68, 72.) Pursuant to Local Rule 7.01(a)(3), any response is to be filed within 14 days after service of the motion. A reply memorandum not to exceed five pages may be filed within 7 days after service of the response. Signed by Magistrate Judge Alistair Newbern on 10/15/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 73 MEMORANDUM in Support of #72 First MOTION to Dismiss Second Amended Complaint filed by Metropolitan Development and Housing Agency, The . (Statum, Fred) |
| Filing 72 First MOTION to Dismiss Second Amended Complaint by Metropolitan Development and Housing Agency, The. (Statum, Fred) |
| TN State Bar status verified as active for Fred C. Statum, III and Jordan C. Connell. (dt) |
| Filing 71 MEMORANDUM in Support of #70 Second MOTION to Stay Discovery Pending Ruling on Immunity Defenses on behalf of Dominick Leonardo and Jim Shulman filed by Dominick Leonardo . (Samson, Kendra) |
| Filing 70 Second MOTION to Stay Discovery Pending Ruling on Immunity Defenses on behalf of Dominick Leonardo and Jim Shulman by Dominick Leonardo. (Attachments: #1 Attachment Proposed Order)(Samson, Kendra) |
| Filing 69 MEMORANDUM in Support of #68 MOTION to Dismiss Second Amended Complaint by Dominick Leonardo and Jim Shulman filed by Dominick Leonardo . (Samson, Kendra) |
| Filing 68 MOTION to Dismiss Second Amended Complaint by Dominick Leonardo and Jim Shulman by Dominick Leonardo. (Samson, Kendra) |
| Filing 67 First MOTION to Substitute Attorney Fred C. Statum by Metropolitan Development and Housing Agency, The. (Attachments: #1 Attachment Proposed Order Granting Motion to Substitute as Counsel of Record)(Statum, Fred) |
| Filing 66 ANSWER to #45 Amended Complaint, by Metropolitan Government of Nashville & Davidson County.(Oliver, Keli) |
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Filing 65
ORDER: The Magistrate Judge has granted Plaintiffs' Motion for Leave to File a Second Amended Complaint (Doc. No. #64 ), and the Second Amended Complaint (Doc. No. #45 ) has become the operative pleading in this case. Because the pending Motions to Dismiss relate to the First Amended Complaint (Doc. No. #25 ), those Motions (Doc. Nos. #34 , #37 , #39 ) are now DENIED AS MOOT. The discovery stay issued by the Court (Doc. No. 51), based on certain substantive content of now-moot motions to dismiss, is LIFTED. Defendants are ORDERED to file a responsive pleading within fourteen days. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/1/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 64
ORDER: The Court GRANTS Plaintiffs' motion for leave to file a second amended complaint (Doc. No. #48 ). The second amended complaint filed on March 29, 2018 (Doc. No. #45 ) is the operative pleading in this case. Signed by Magistrate Judge Alistair Newbern on 9/28/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 10/1/2018 (dt).
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| Filing 63 REPLY to Response to Motion re #48 MOTION to Amend/Correct #45 Amended Complaint, Second filed by David L Cooper, Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 62 REPLY to Response to Motion re #48 MOTION to Amend/Correct #45 Amended Complaint, Second filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 61 REPLY to Response to Motion re #48 MOTION to Amend/Correct #45 Amended Complaint, Second filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
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Filing 60
ORDER granting #57 Motion for Leave to File Reply. The reply shall be filed by April 24, 2018. Signed by Magistrate Judge Alistair Newbern on 4/18/18. (dt)
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Filing 59
ORDER granting #56 Motion for Leave to File Reply. The reply shall be filed by April 24, 2018. Signed by Magistrate Judge Alistair Newbern on 4/18/18. (dt)
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Filing 58
ORDER granting #55 Motion for Leave to File Reply. The reply shall be filed by April 24, 2018. Signed by Magistrate Judge Alistair Newbern on 4/18/18. (dt)
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| Filing 57 MOTION for Leave to File Reply to #52 Response in Opposition to Motion by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp. (Fusner, George) Modified on 4/17/2018 (dt). |
| Filing 56 MOTION for Leave to File Reply to #54 Response in Opposition to Motion by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp. (Fusner, George) Modified on 4/17/2018 (dt). |
| Filing 55 MOTION for Leave to File Reply to #53 Response in Opposition to Motion by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) Modified on 4/17/2018 (dt). |
| Filing 54 RESPONSE in Opposition re #48 MOTION to Amend/Correct #45 Amended Complaint, Second on behalf of Defendants Dominick Leonardo and Jim Shulman filed by Dominick Leonardo. (Samson, Kendra) |
| Filing 53 RESPONSE in Opposition re #48 MOTION to Amend/Correct #45 Amended Complaint, Second filed by Metropolitan Development and Housing Agency, The. (Quinn, John) |
| Filing 52 RESPONSE in Opposition re #48 MOTION to Amend/Correct #45 Amended Complaint, Second filed by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) |
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Filing 51
ORDER: Motion for Extension of Time to File Response to the Motions to Dismiss #50 is Granted. Plaintiffs' responses to the pending Motions to Dismiss are stayed until the Magistrate Judge resolves Plaintiffs' Motion for Leave to File [Second] Amended Complaint. Second, Plaintiff's Motion to Declare Defendants' Various Motions to Dismiss as Moot (Doc. No. #46 ), which was premised on the filing of the Second Amended Complaint, is DENIED AS MOOT. The Motion to Stay Discovery (Doc. No. #41 ) is therefore GRANTED and discovery is stayed pending decision on motions to dismiss. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/6/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 50 MOTION for Extension of Time to File Response/Reply as to #37 MOTION to Dismiss Amended Complaint, #34 MOTION to Dismiss for Failure to State a Claim , #39 MOTION to Dismiss for Failure to State a Claim by Defendants Jim Shulman and Dominick Leonardo by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 49 RESPONSE in Opposition re #41 MOTION to Stay re #39 MOTION to Dismiss for Failure to State a Claim by Defendants Jim Shulman and Dominick Leonardo on behalf of Defendants Jim Shulman and Dominick Leonardo filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 48 MOTION to Amend/Correct #45 Amended Complaint, Second by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 47 RESPONSE in Opposition re #46 MOTION re #35 Memorandum in Support, #40 Memorandum in Support, #37 MOTION to Dismiss Amended Complaint, #39 MOTION to Dismiss for Failure to State a Claim by Defendants Jim Shulman and Dominick Leonardo, #38 Memorandum Defendant Metropolitan Development and Housing Agency's Response in Opposition to Plaintiffs' Motion to Declare Defendants' Various Motions to Dismiss as Moot filed by Metropolitan Development and Housing Agency, The. (Quinn, John) |
| Filing 46 MOTION re #35 Memorandum in Support, #40 Memorandum in Support, #37 MOTION to Dismiss Amended Complaint, #39 MOTION to Dismiss for Failure to State a Claim by Defendants Jim Shulman and Dominick Leonardo, #38 Memorandum in Support, #45 Amended Complaint, #34 MOTION to Dismiss for Failure to State a Claim by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Attachments: #1 Attachment Proposed Order)(Fusner, George) |
| Filing 45 AMENDED COMPLAINT SECOND against All Defendants, filed by Autumn Assisted Living Partners, Inc., Vision Real Estate Investment Corp., Michael Hampton. (Attachments: #1 Exhibit A; Lease Agreement dated January 10, 2014, #2 Exhibit B; Agreement to Lease and Purchase dated January 10, 2014, #3 Exhibit C; Purchase and Sale Agreement dated June 26, 2015, #4 Exhibit D; Letter from Metro to Vision dated January 6, 2017)(Fusner, George) Modified on 4/5/2018 (dt). |
| Filing 44 RESPONSE in Support re #41 MOTION to Stay re #39 MOTION to Dismiss for Failure to State a Claim by Defendants Jim Shulman and Dominick Leonardo on behalf of Defendants Jim Shulman and Dominick Leonardo filed by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) |
| Filing 43 RESPONSE in Support re #41 MOTION to Stay re #39 MOTION to Dismiss for Failure to State a Claim by Defendants Jim Shulman and Dominick Leonardo on behalf of Defendants Jim Shulman and Dominick Leonardo filed by Metropolitan Development and Housing Agency, The. (Quinn, John) |
| Filing 42 MEMORANDUM of Law in Support of #41 MOTION to Stay Discovery re #39 MOTION to Dismiss for Failure to State a Claim filed by Dominick Leonardo and Jim Shulman. (Samson, Kendra) Modified on 3/20/2018 (dt). |
| Filing 41 MOTION to Stay Discovery re #39 MOTION to Dismiss for Failure to State a Claim by Dominick Leonardo and Jim Shulman. (Attachments: #1 Attachment Order Staying Discovery (proposed))(Samson, Kendra) Modified on 3/20/2018 (dt). |
| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Initial Case Management Conference held on 3/12/2018. (tm) |
| Filing 40 MEMORANDUM in Support of #39 MOTION to Dismiss for Failure to State a Claim by Defendants Jim Shulman and Dominick Leonardo filed by Dominick Leonardo on behalf of Defendants Jim Shulman and Dominick Leonardo. (Samson, Kendra) |
| Filing 39 MOTION to Dismiss for Failure to State a Claim by Defendants Jim Shulman and Dominick Leonardo by Dominick Leonardo. (Samson, Kendra) |
| Filing 38 MEMORANDUM in Support of #37 MOTION to Dismiss Amended Complaint filed by Metropolitan Development and Housing Agency, The . (Quinn, John) |
| Filing 37 MOTION to Dismiss Amended Complaint by Metropolitan Development and Housing Agency, The. (Quinn, John) |
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Filing 36
ORDER: On March 7, 2018, Defendant Metropolitan Government filed a motion to dismiss amended complaint. (Doc. No. 34.) Pursuant to Local Rule 7.01(b), any response is to be filed within 14 days after service of the motion. No reply shall be filed without leave of Court. Signed by Magistrate Judge Alistair Newbern on 3/8/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 35 MEMORANDUM in Support of #34 MOTION to Dismiss for Failure to State a Claim filed by Metropolitan Government of Nashville & Davidson County . (Attachments: #1 Attachment Peterson v County of Monroe.pdf)(Oliver, Keli) |
| Filing 34 MOTION to Dismiss for Failure to State a Claim by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) |
| Filing 33 PROPOSED CASE MANAGEMENT ORDER filed by All Defendants. (Samson, Kendra) |
| Filing 32 NOTICE of Hearing: Initial Case Management Conference set for 3/12/2018 at 9:30 AM in Courtroom 776 before Magistrate Judge Alistair Newbern. (dt) |
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Filing 31
ORDER: I hereby recuse myself in the above-styled action. This case shall be returned to the Clerk for reassignment of another magistrate judge. The Initial Case Management Conference set for March 5, 2018, at 10:00 a.m. is hereby CANCELLED, to be reset, if necessary, by the Magistrate Judge to whom the case is reassigned. The Joint Motion to Continue the Initial Case Management Conference (Docket No. #29 ) is denied as moot. Magistrate Judge Jeffery S. Frensley recused. Case reassigned to Magistrate Judge Alistair Newbern for all further proceedings. Signed by Magistrate Judge Jeffery S. Frensley on 2/27/18. (dt)
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| Filing 30 PROPOSED AGREED ORDER by Metropolitan Development and Housing Agency, The re #29 Joint MOTION to Continue Initial Case Management Conference. (Quinn, John) Modified on 2/28/2018 (dt). |
| Filing 29 Joint MOTION to Continue Initial Case Management Conference by Metropolitan Development and Housing Agency, The. (Quinn, John) |
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Filing 28
ORDER denying as moot #19 Motion to Dismiss for Failure to State a Claim. Defendants are ORDERED to file a responsive pleading within fourteen days of the date of this Order. FED. R. CIV. P. 12(a)(4)(A). Should Defendants file a renewed Motion to Dismiss, they should not incorporate by reference any previous arguments, but file a memorandum that includes all arguments for dismissing the claims in the Amended Complaint. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/23/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 2/26/2018 (dt).
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| Filing 27 NOTICE of Filing by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp. re #25 Amended Complaint, (Attachments: #1 Attachment Exhibit A; Lease Agreement dated January 10, 2014, #2 Attachment Exhibit B; Agreement to Lease and Purchase dated January 10, 2014, #3 Attachment Exhibit C; Purchase and Sale Agreement dated June 26, 2015, #4 Attachment Exhibit D; Letter from Metropolitan Nashville Legal Department to Vision Real Estate Investment Corp. dated January 6, 2017)(Fusner, George) |
| Notice to Filer re DE #25 : Counsel failed to include the mandatory description of the attached exhibits. The exhibits shall be REFILED by filing a Notice of Filing and attaching the exhibits with the mandatory brief description. (EXAMPLE: Attachments: # 1 Exhibit 1 Police Report dated 1/1/06, # 2 Exhibit 2 Unreported Case Smith v. Jones). (dt) |
| Filing 26 RESPONSE in Opposition re #19 MOTION to Dismiss for Failure to State a Claim filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 25 AMENDED COMPLAINT against Dominick Leonardo, Metropolitan Development and Housing Agency, The, Metropolitan Government of Nashville & Davidson County, Jim Shulman, filed by Autumn Assisted Living Partners, Inc., Vision Real Estate Investment Corp., Michael Hampton. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Fusner, George) |
| Filing 24 NOTICE of Judgment Lien by David L Cooper. (Attachments: #1 Exhibit Exhibit A - Judgment Order)(Cooper, David) Modified on 2/16/2018 (dt). |
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Filing 23
ORDER: On February 8, 2018, Defendant Metropolitan Government filed a Motion to Dismiss. Docket No. 19. Pursuant to the Fed.R.Civ.P., and the Local Rules of this Court 7.01(b), Plaintiffs shall file a timely response. No reply shall be permitted without leave of court. Any filings made related to the Motion to Dismiss (extensions of time, exceed the page limit, seal documents, manual filings) shall be considered by the Honorable Waverly D. Crenshaw, Chief District Judge. Signed by Magistrate Judge Jeffery S. Frensley on 2/13/18. (dt)
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Filing 22
AGREED ORDER granting #17 Motion for Extension of Time to Answer the #1 Complaint. Dominick Leonardo and Jim Shulman answers due 2/28/2018. Signed by Magistrate Judge Jeffery S. Frensley on 2/13/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| TN State Bar status verified as active for Kendra E. Samson, William T. Ramsey, Keli J. Oliver and Melissa S. Roberge. (dt) |
| Filing 21 NOTICE of Appearance by Melissa S. Roberge on behalf of Metropolitan Government of Nashville & Davidson County (Roberge, Melissa) |
| Filing 20 MEMORANDUM in Support of #19 MOTION to Dismiss for Failure to State a Claim filed by Metropolitan Government of Nashville & Davidson County . (Attachments: #1 Attachment Peterson v. County of Monroe)(Oliver, Keli) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) |
| Filing 18 NOTICE of Appearance by Keli J. Oliver on behalf of Metropolitan Government of Nashville & Davidson County (Oliver, Keli) |
| Filing 17 Joint MOTION for Extension of Time to File Answer by Dominick Leonardo, Jim Shulman. (Attachments: #1 Attachment Proposed Order)(Samson, Kendra) |
| Filing 16 NOTICE of Appearance by William T. Ramsey on behalf of Dominick Leonardo, Jim Shulman (Ramsey, William) |
| Filing 15 NOTICE of Appearance by Kendra E. Samson on behalf of Dominick Leonardo, Jim Shulman (Samson, Kendra) |
| TN State Bar status verified as active for John E. Quinn. (dt) |
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Filing 14
AGREED ORDER: Defendant, Metropolitan Development and Housing Agency, is granted an extension of time up to and including February 28, 2018 in which to file a response to the Complaint (Dkt. #1). Signed by Magistrate Judge Jeffery S. Frensley on 2/6/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 13 NOTICE of Appearance by John E. Quinn on behalf of Metropolitan Development and Housing Agency, The (Quinn, John) |
| Filing 12 NOTICE by Metropolitan Development and Housing Agency, The Agreed Order Granting Defendant Metropolitan Development and Housing Agency An Extension of Time to Respond to Complaint (Quinn, John) |
| Filing 11 SUMMONS returned executed by Vision Real Estate Investment Corp., Autumn Assisted Living Partners, Inc., Michael Hampton. Jim Shulman served on 1/18/2018. (Fusner, George) |
| Filing 10 SUMMONS returned executed by Vision Real Estate Investment Corp., Autumn Assisted Living Partners, Inc., Michael Hampton. Metropolitan Government of Nashville & Davidson County served on 1/18/2018. (Fusner, George) |
| Filing 9 SUMMONS returned executed by Vision Real Estate Investment Corp., Autumn Assisted Living Partners, Inc., Michael Hampton. Metropolitan Development and Housing Agency, The served on 1/18/2018. (Fusner, George) |
| Filing 8 SUMMONS returned executed by Vision Real Estate Investment Corp., Autumn Assisted Living Partners, Inc., Michael Hampton. Dominick Leonardo served on 1/19/2018. (Fusner, George) Modified on 1/25/2018 (dt). |
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Filing 7
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the Court in accordance with the procedures of Local Rule 16.01(d)(5). Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/12/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Autumn Assisted Living Partners, Inc., Michael Hampton, Vision Real Estate Investment Corp.. (Fusner, George) |
| Filing 5 NOTICE of Initial Case Management Conference set for 3/5/2018 at 10:00 AM in Courtroom 661 before Magistrate Judge Jeffery S. Frensley. (dt) |
| Filing 4 Summons issued as to Dominick Leonardo, Metropolitan Development and Housing Agency, The, Metropolitan Government of Nashville & Davidson County and Jim Shulman. (dt) (Service copies returned to counsel by mail.) Modified on 1/5/2018 (dt). |
| Filing 3 NOTICE of Corporate Disclosure Statement filing requirement. (dt) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| TN State Bar status verified as active for George R. Fusner, Jr. (dt) |
| Filing 1 COMPLAINT against Dominick Leonardo, Metropolitan Development and Housing Agency, The, Metropolitan Government of Nashville & Davidson County and Jim Shulman (Filing fee $400, Receipt number 0650-2585225), filed by Vision Real Estate Investment Corp., Autumn Assisted Living Partners, Inc. and Michael Hampton. (Attachments: #1 Exhibit A - Lease Agreement dated January 10, 2014, #2 Exhibit B - Agreement to Lease and Purchase dated January 10, 2014, #3 Exhibit C - Purchase and Sale Agreement, dated June 26, 2015, #4 Exhibit D - Letter dated January 6, 2017, #5 Attachment - Civil Cover Sheet)(dt) |
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