Steverson et al v. Walmart et al
| Davis Steverson and Verna Steverson |
| Ozark Electronics, CMI Claims Management, Cincinnatti Insurance Company, Gree Manufacturing Company, GE Appliances and Walmart |
| 3:2019cv00140 |
| February 12, 2019 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on September 30, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 73 REPLY filed by CMI Claims Management, Walmart re #60 Response in Opposition to Motion, filed by Walmart, CMI Claims Management. (Kern, Elle) |
| Filing 72 REPLY to Response to Motion re #57 MOTION to Dismiss Plaintiffs' Amended Complaint filed by GE Appliances. (Kimerling, Whitney) |
| Filing 71 REPLY filed by Cincinnatti Insurance Company re #69 Response (Non-Motion or 2255 Petition), filed by Verna Steverson, Davis Steverson. (Ferrell, E.) |
| Filing 70 REPLY filed by Ozark Electronics re #69 Response (Non-Motion or 2255 Petition), filed by Verna Steverson, Davis Steverson. (Stoner, Mary) |
| Filing 69 RESPONSES in Opposition filed by Verna and Davis Steverson to #62 Motion to Dismiss filed by Gree Manufacturing Company, #59 Motion to Dismiss for Failure to State a Claim filed by Cincinnatti Insurance Company, #57 Motion to Dismiss filed by GE Appliances, and #66 Motion to Dismiss for Failure to State a Claim filed by Ozark Electronics. (jm) |
Filing 68
ORDER: Plaintiffs are hereby ORDERED to file any responses in opposition to the pending motions to dismiss by October 22, 2019. Plaintiffs are warned that failure to respond in opposition may result in a recommendation that the motions to dismiss be granted as unopposed or that this action be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). Defendants may file an optional reply by no later than seven days after Plaintiffs' response. Signed by Magistrate Judge Alistair Newbern on 10/8/2019. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 67 MEMORANDUM in Support of #66 MOTION to Dismiss for Failure to State a Claim filed by Ozark Electronics . (Stoner, Mary) |
| Filing 66 MOTION to Dismiss for Failure to State a Claim by Ozark Electronics. (Stoner, Mary) |
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Filing 65
ORDER granting #50 Motion for Reconsideration. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/3/2019. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 64 RESPONSE in Opposition re #50 MOTION for Reconsideration re #48 Order Adopting Report and Recommendations,,,,, Terminate Motions,,,,, Order Dismissing Case,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Ozark Electronics. (Stoner, Mary) |
| Filing 63 MEMORANDUM in Support of #62 MOTION to Dismiss filed by Gree Manufacturing Company . (Kimerling, Whitney) |
| Filing 62 MOTION to Dismiss by Gree Manufacturing Company. (Kimerling, Whitney) |
| Filing 61 MEMORANDUM in Support of #57 MOTION to Dismiss Plaintiffs' Amended Complaint filed by GE Appliances . (Bibb, J.) |
| Filing 60 RESPONSE in Opposition re #50 MOTION for Reconsideration re #48 Order Adopting Report and Recommendations,,,,, Terminate Motions,,,,, Order Dismissing Case,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,,,,,,,,,,,,,,,,, and Motion to Dismiss Plaintiffs' Amended Complaint #55 with Prejudice filed by CMI Claims Management, Walmart. (Kern, Elle) |
| Filing 59 Second MOTION to Dismiss for Failure to State a Claim and Response in Opposition to Motion for Reconsideration by Cincinnatti Insurance Company. (Ferrell, E.) |
| Filing 58 (DISREGARD - ENTERED IN ERROR) MEMORANDUM in Support of #57 MOTION to Dismiss Plaintiffs' Amended Complaint filed by GE Appliances . (Bibb, J.) Modified on 9/27/2019 (dt). |
| Filing 57 MOTION to Dismiss Plaintiffs' Amended Complaint by GE Appliances. (Bibb, J.) |
| Filing 56 Letter from Davis Steverson (unsigned) re: Motion for Reconsideration. (dt) |
| Filing 55 AMENDED COMPLAINT against all defendants, filed by Davis Steverson. (Attachments: #1 Attachment - Envelope)(dt) Modified on 10/15/2019 (dt). |
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Filing 54
ORDER: Plaintiffs have now filed a motion for reconsideration. (Doc. No. #50 .) While Plaintiffs have filed a brief with additional details, they have not provided a proposed Amended Complaint as required by the Local Rules. Out of the deference appropriate to pro se Plaintiffs, one of whom is 87 years old, the Court will allow them to file a proposed Amended Complaint within 10 days. Defendants shall file a response five (5) days thereafter. The Court will then rule on the motion for reconsideration. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/11/2019. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 53 RESPONSE in Opposition re #50 MOTION for Reconsideration re #48 Order Adopting Report and Recommendations,,,,, Terminate Motions,,,,, Order Dismissing Case,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Walmart. (Stoner, Mary) |
| Filing 52 RESPONSE in Opposition re #50 MOTION for Reconsideration re #48 Order Adopting Report and Recommendations,,,,, Terminate Motions,,,,, Order Dismissing Case,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Cincinnatti Insurance Company. (Ferrell, E.) |
| Filing 51 RESPONSE to Motion re #50 MOTION for Reconsideration re #48 Order Adopting Report and Recommendations,,,,, Terminate Motions,,,,, Order Dismissing Case,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,,,,,,,,,,,,,,,,, filed by GE Appliances. (Bibb, J.) |
| Filing 50 MOTION for Reconsideration and Objections for Releasing all Defendants re #48 Memorandum Opinion and Order by Davis Steverson and Verna Steverson. (jm) |
| Filing 49 ENTRY OF JUDGMENT re: #48 Order. (xc:Pro se party by regular mail.) (jm) |
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Filing 48
MEMORANDUM OPINION AND ORDER: The Court rules as follows: 1. The Report and Recommendation (Doc. No. #43 ) is APPROVED AND ADOPTED IN PART regarding the Magistrate Judge's recommendation to grant the motions to dismiss of Defendants Walmart, CMI Claims Management, Cincinnati Insurance Company, Ozark Electronics, and Gree Manufacturing Company and SET ASIDE IN PART regarding the Magistrate Judge's recommendation to deny GEA's motion to dismiss. 2. All Defendants' Motions to Dismiss (Doc. Nos. #6 , #9 , #14 , #17 , #20 , #24 ) are GRANTED. 3. Plaintiffs' Motion for Extension of Time to Amend (Doc. No. #45 ) is DENIED. 4. This case is DISMISSEDWITHOUT PREJUDICE. This is a final order under the Federal Rules of Civil Procedure. The Clerk shall close the file. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/15/2019. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 47 RESPONSE in Opposition re #45 MOTION for Extension of Time to Amend filed by Ozark Electronics. (Stoner, Mary) |
| Filing 46 RESPONSE in Opposition re #45 MOTION for Extension of Time to Amend Complaint filed by Cincinnatti Insurance Company. (Ferrell, E.) |
| Filing 45 MOTION for Extension of Time to Amend Complaint by Davis Steverson and Verna Steverson. (jm) |
| Filing 44 OBJECTION to #43 Report and Recommendations by GE Appliances. (Attachments: #1 Exhibit Exhibit A - Declaration of John Todd with photos)(Bibb, J.) |
| Filing 43 REPORT AND RECOMMENDATION: The Magistrate Judge RECOMMENDS that the Court DENY Defendant GE's motion to dismiss (Doc. No. #20 ) and GRANT Defendants Ozark's, CIC's, Walmart's, CMI's, and Gree's motions to dismiss (Doc. Nos. #6 , #9 , #14 , #17 , #24 ). Signed by Magistrate Judge Alistair Newbern on 7/19/2019. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm) |
| Filing 42 REPLY to Response to Motion re #17 MOTION to Dismiss for Failure to State a Claim filed by CMI Claims Management. (Kern, Elle) |
| Filing 41 REPLY to Response to Motion re #14 MOTION to Dismiss for Failure to State a Claim filed by Walmart. (Kern, Elle) |
| Filing 40 REPLY to Response to Motion re #6 MOTION to Dismiss for Failure to State a Claim filed by Ozark Electronics. (Stoner, Mary) |
| Filing 39 REPLY to Response to Motion re #9 MOTION to Dismiss for Failure to State a Claim filed by Cincinnatti Insurance Company. (Ferrell, E.) |
| Filing 38 RESPONSE in Opposition to #6 , #9 , #14 , #17 , #20 , and #24 Motions to Dismiss filed by Davis Steverson and Verna Steverson. (jm) |
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Filing 37
ORDER granting #36 Motion for an additional thirty days to secure counsel and respond to the pending motions to dismiss their action. Plaintiffs shall respond to the motions to dismiss by no later than July 1, 2019. Signed by Magistrate Judge Alistair Newbern on 5/30/2019. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 36 MOTION for Additional Time (30 days) to Show Cause why the Magistrate Judge should not Dismiss the Case and to Obtain an Attorney filed by Davis Steverson and Verna Steverson. (jm) |
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Filing 35
ORDER: Plaintiffs Verna Steverson and Davis Steverson have responded to the Court's order to show cause (Doc. No. #33 ) with a motion for an extension of time in which to respond to the pending motions to dismiss (Doc. No. #34 ). The Court finds that Plaintiffs have adequately addressed the show-cause order and will GRANT the motion for an extension of time. Signed by Magistrate Judge Alistair Newbern on 5/6/2019. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 34 MOTION for Extension of Time as to #33 Order to Show Cause filed by Davis Steverson and Verna Steverson. (jm) |
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Filing 33
ORDER: In light of the plaintiffs' pro se status, the Court will afford them an opportunity to show that good cause exists to allow them to file untimely responses to the pending motions to dismiss. Plaintiffs are therefore ORDERED to show cause by April 25, 2019, why the Magistrate Judge should not recommend that the defendants' motions to dismiss be granted or that this action be dismissed without prejudice under Rule 41(b) for failure to prosecute. Signed by Magistrate Judge Alistair Newbern on 4/5/2019. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 32 RESPONSE to Court Notice of March 7, 2019. (Kimerling, Whitney) |
| SECOND NOTICE TO COUNSEL Joseph T. Rivera, Jr.: WITHIN 21 DAYS, 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 $100.00 (LR 83.01(b)). PHV due by 3/28/2019. **FAILURE TO COMPLY WILL BE BROUGHT TO THE COURT'S ATTENTION**(af) |
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Filing 31
ORDER: The Court's Order (Doc. No. 29 ) entered on 2/26/2019 is VACATED. This action is REFERRED to the Magistrate Judge to enter a scheduling order for the management of the case, to dispose or recommend disposition of any pretrial motions under 28 U.S.C. 636(b)(1)(A) and (B), and to conduct further proceedings, if necessary, under Rule 72(b), Fed.R.Civ.P., and the Local Rules of Court. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/27/2019. (xc:Pro se party by regular mail.) (jm)
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| Filing 30 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Gree Manufacturing Company. (Kimerling, Whitney) |
| NOTICE TO FILER re DE#27 : The document is not signed. Pursuant to Administrative Order No. 167-1, Section 8, electronically filed documents shall set forth the Filing User's name, address, telephone number and Board of Professional Responsibility registration number. The filer's name should be typed in the space where the signature would otherwise appear preceded by the symbol "s/" or inserted facsimile signature. Counsel shall re-file the document. (jm) |
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Filing 29
(***VACATED PER #31 ORDER***) ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). 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(h). Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/26/19. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 2/28/2019 (jm).
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| Filing 28 BUSINESS ENTITY DISCLOSURE STATEMENT filed by GE Appliances. (Kimerling, Whitney) |
| Filing 27 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Gree Manufacturing Company. (Kimerling, Whitney) |
| Filing 26 NOTICE of Filing by Gree Manufacturing Company (Attachments: #1 Exhibit Exhibit 1 Plaintiffs' Summons issued December 31, 2018)(Kimerling, Whitney) |
| NOTICE TO FILER re DE#24 : 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). (jm) |
| Filing 25 MEMORANDUM in Support of #24 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Federal Rule of Civil Procedure Rule 12(b)(5) filed by Gree Manufacturing Company . (Kimerling, Whitney) |
| Filing 24 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Federal Rule of Civil Procedure Rule 12(b)(5) by Gree Manufacturing Company. (Attachments: #1 Exhibit Exhibit 1)(Kimerling, Whitney) |
| TN State Bar status verified as active for Whitney H. Kimerling and J. Randolph Bibb, Jr. (jm) |
| Filing 23 NOTICE of Appearance by J. Randolph Bibb, Jr on behalf of GE Appliances, Gree Manufacturing Company (Bibb, J.) |
| Filing 22 NOTICE of Appearance by Whitney H. Kimerling on behalf of GE Appliances, Gree Manufacturing Company (Kimerling, Whitney) |
| Filing 21 MEMORANDUM in Support of #20 MOTION to Dismiss Plaintiff's Complaint filed by GE Appliances . (Kimerling, Whitney) |
| Filing 20 MOTION to Dismiss Plaintiff's Complaint by GE Appliances. (Kimerling, Whitney) |
| Filing 19 ANSWER to Complaint by CMI Claims Management, Walmart.(Kern, Elle) |
| Filing 18 MEMORANDUM in Support of #17 MOTION to Dismiss for Failure to State a Claim filed by CMI Claims Management . (Kern, Elle) |
| Filing 17 MOTION to Dismiss for Failure to State a Claim by CMI Claims Management. (Kern, Elle) |
| Filing 16 NOTICE of Filing by Walmart re #14 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Attachment Re-filed DE #14)(Kern, Elle) |
| Filing 15 MEMORANDUM in Support of #14 MOTION to Dismiss for Failure to State a Claim filed by Walmart . (Kern, Elle) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim by Walmart. (Kern, Elle) (Main Document 14 replaced per DE 16 on 2/20/2019) (jm). |
| Filing 13 BUSINESS ENTITY DISCLOSURE STATEMENT filed by CMI Claims Management. (Kern, Elle) |
| Filing 12 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Walmart. (Kern, Elle) |
| Filing 11 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ozark Electronics. (Berexa, Daniel) |
| Filing 10 MEMORANDUM in Support of #9 MOTION to Dismiss for Failure to State a Claim filed by Cincinnatti Insurance Company . (Ferrell, E.) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim by Cincinnatti Insurance Company. (Ferrell, E.) |
| Filing 8 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Cincinnatti Insurance Company. (Ferrell, E.) |
| Filing 7 MEMORANDUM in Support of #6 MOTION to Dismiss for Failure to State a Claim filed by Ozark Electronics . (Stoner, Mary) |
| Filing 6 MOTION to Dismiss for Failure to State a Claim by Ozark Electronics. (Stoner, Mary) |
| Filing 5 NOTICE of Appearance by E. Jason Ferrell on behalf of Cincinnatti Insurance Company (Ferrell, E.) |
| Pursuant to Local Rule 16.01(c)(1), the Initial Case Management Conference set 4/22/19 at 10:00 a.m. is CANCELLED. (af) |
| TN State Bar status verified as active for Elle G. Kern, George Andrew Rowlett, E. Jason Ferrell, Daniel P. Berexa, and Mary E. Stoner; NY State Bar status verified as active for Joseph T. Rivera, Jr. (jm) |
| NOTICE TO COUNSEL Joseph T. Rivera, Jr.: WITHIN 21 DAYS, 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 $100.00 (LR 83.01(b)). PHV due by 3/6/2019. (jm) |
| NOTICE TO COUNSEL Joseph T. Rivera, Jr.: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 3/6/2019. (jm) |
| Filing 4 (DISREGARD - SET IN ERROR) NOTICE of Initial Case Management Conference set for 4/22/2019 at 10:00 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (xc:Sent to pro se parties by regular mail.) (jm) Modified on 2/13/2019 (jm). Modified on 2/14/2019 (jm). |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (xc:Sent to pro se parties by regular mail.) (jm) Modified on 2/13/2019 (jm). |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (jm) |
| Filing 1 JOINT NOTICE OF REMOVAL by CMI Claims Management, Ozark Electronics, and Walmart from Circuit Court for Dickson County, Tennessee, case number 22CC-2018- CV-124. (Filing fee $ 400 receipt number 0650-2851776) (Attachments: #1 Attachment Civil Cover Sheet, #2 Exhibit A - Steverson State Court Pleadings, #3 Exhibit B - Notice to State Court re Removal to USDC) (jm) |
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