Russell et al v. Nystrom, Inc. et al
Plaintiff: Billy Mark Russell and Tonya Russell
Defendant: Nystrom, Inc., Babcock Davis and Gresham Smith
Case Number: 3:2019cv00202
Filed: March 5, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Waverly D Crenshaw
Referring Judge: Barbara D Holmes
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2019 Filing 20 GREEN CARD RETURNED Executed as to Rutherford County Circuit Court #18 Order. (am)
April 25, 2019 Filing 19 CERTIFIED MAIL RECEIPT re #18 Order. (am)
April 24, 2019 Opinion or Order Filing 18 ORDER: Accordingly, this matter is hereby REMANDED to Rutherford County Circuit Court because the addition of Gresham Smith as a defendant destroys complete diversity. This Order constitutes the final order in this case. The Clerk shall close the file. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/24/2019. (Copy of Order sent to Rutherford County Circuit Court by certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
April 24, 2019 Filing 17 RESPONSE TO ORDER TO SHOW CAUSE by Billy Mark Russell, Tonya Russell. (Weissman, David)
April 23, 2019 Filing 16 SUMMONS returned executed by Billy Mark Russell, Tonya Russell. Babcock Davis served on 4/22/2019; Nystrom, Inc. served on 4/22/2019. (Weissman, David)
April 23, 2019 Filing 15 SUMMONS returned executed by Billy Mark Russell, Tonya Russell. Gresham Smith served on 4/22/2019. (Weissman, David)
April 22, 2019 Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Babcock Davis, Nystrom, Inc.. (Corts, Thomas)
April 18, 2019 Opinion or Order Filing 13 ORDER: Given that complete diversity in this case is at best uncertain and at worst destroyed by the addition of Gresham Smith as a defendant, the parties must by no later than May 3, 2019, show cause why this case should not be remanded to state court for lack of subject matter jurisdiction. Failure to do so, including by Defendants Nystrom and Babcock to address their inconsistent statements of citizenship, will result in a recommendation of remand. Plaintiffs' counsel is directed to send a copy of this Order to the Gresham Smith agent for service within three (3) business days of the date of entry of this Order and to file an appropriate certificate of service. Signed by Magistrate Judge Barbara D. Holmes on 4/18/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
April 18, 2019 Filing 12 Summons issued as to Babcock Davis, Nystrom, Inc. (Service packets sent to attorney by regular mail.) (am)
April 18, 2019 Filing 11 Summons issued as to Gresham Smith. (Service packets sent to attorney by regular mail.) (am)
April 17, 2019 Filing 10 First Amended Complaint against Babcock Davis, Nystrom, Inc., filed by Billy Mark Russell, Tonya Russell. (Attachments: #1 Attachment Summons, #2 Attachment Summons)(Weissman, David) Modified Text on 4/18/2019 (am).
March 27, 2019 Filing 9 ANSWER to Complaint by Babcock Davis, Nystrom, Inc..(Corts, Thomas)
March 12, 2019 Opinion or Order Filing 8 ORDER granting #6 Joint Motion to Reschedule Initial Case Management Conference. Signed by Magistrate Judge Barbara D. Holmes on 3/12/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
March 12, 2019 Set/Reset Hearings: Initial Case Management Conference reset for 6/12/2019 at 01:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (am)
March 7, 2019 Opinion or Order Filing 7 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. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/7/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
March 7, 2019 Filing 6 Joint MOTION Reschedule Initial Case Management Conference by Babcock Davis, Nystrom, Inc.. (Corts, Thomas)
March 6, 2019 Filing 5 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Babcock Davis, Nystrom, Inc.. (Corts, Thomas)
March 5, 2019 Filing 4 NOTICE of Initial Case Management Conference set for 5/6/2019 at 01:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (am)
March 5, 2019 Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am)
March 5, 2019 Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (am)
March 5, 2019 Filing 1 NOTICE OF REMOVAL by Babcock Davis, Nystrom, Inc. from Rutherford County Circuit Court, case number 75417. ( Filing fee $ 400 receipt number 0650-2866084) (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit A - Pleadings in Underlying Case)(am)
March 5, 2019 TN State Bar status verified as active for Thomas Clifford Corts, David J. Weissman. (am)

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Plaintiff: Billy Mark Russell
Represented By: David J. Weissman
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Plaintiff: Tonya Russell
Represented By: David J. Weissman
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Defendant: Nystrom, Inc.
Represented By: Thomas Clifford Corts
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Defendant: Babcock Davis
Represented By: Thomas Clifford Corts
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Defendant: Gresham Smith
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