Smith v. Queener et al
| Constance Smith |
| Henry Queener and State Farm Insurance Company |
| 3:2019cv00725 |
| August 19, 2019 |
| US District Court for the Middle District of Tennessee |
| Joe Brown |
| Waverly D Crenshaw |
| Contract: Other |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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| Filing 15 REDACTION to #12 Sealed Document Settlement and Release (Redacted) to be filed as Exhibit A to Defendant's Motion to Dismiss by State Farm Insurance Company. (Strange, Kelley) |
Filing 14
ORDER taking under advisement #9 Motion to Dismiss. Plaintiff will respond to the motion by November 18, 2019. Response is limited to 25 pages. Any reply will be due in 14 days after the response and is limited to 5 pages. The amount of the settlement in the original case will not be disclosed. The court notes the defendant did not address the question of jurisdiction as directed in Docket Entry 8 . Jurisdiction must be established before the court can properly rule on the pending motion. (JBB) (xc: pro se plaintiff by e-mail.) Modified on 10/17/2019 (dt). Modified on 10/17/2019 (dt).
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Filing 13
ORDER granting in part and denying in part #11 Motion for Leave to File Document Under Seal. Defendant should file a redacted copy of the settlement and release. Grounds have been properly stated for sealing that part of the document. (JBB) (xc: pro se plaintiff by e-mail.) Modified on 10/17/2019 (dt).
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| Filing 12 Sealed Document Exhibit A to Defendant State Farm Insurance Company's Motion to Dismiss filed by State Farm Insurance Company. (Strange, Kelley) |
| Filing 11 MOTION for Leave to File Document Under Seal Exhibit A to Motion to Dismiss by State Farm Insurance Company. (Strange, Kelley) |
| Filing 10 MEMORANDUM in Support of #9 MOTION to Dismiss filed by State Farm Insurance Company . (Strange, Kelley) |
| Filing 9 MOTION to Dismiss by State Farm Insurance Company. (Strange, Kelley) |
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Filing 8
ORDER granting #7 Motion to conduct Case Management Conference by telephone. Parties will call 877-873-8017 and enter the code 1958322# when requested at the scheduled time which is CT. (We change from daylight to standard on Nov. 3). If there is trouble with the call in number the parties having trouble should call 615-736-2119 for additional instructions after waiting 5 minutes. The defendant will prepare a draft scheduling order and send it to the plaintiff 7 days before the conference. Plaintiff should provide the court at least one day prior to the conference a SHORT theory of her case and any suggested change to the scheduling order. These drafts should be sent to brownchambers@tnmd.uscourts.gov. In view of the Sixth Circuit opinion in a related case in this district Smith v. Queener 3:16-cv-3314 docket entry 33 at page 4 where the court held "The district court properly held that, as a United States citizen residing in Bermuda, Smith could not establish diversity jurisdiction. For diversity jurisdiction to apply under 28 U.S.C. 1332(a)(3), the suit must be between citizens of different states, and the amount in controversy must exceed $75,000. In order to be a citizen of a State within the meaning of the diversity statute, a natural person must both be a citizen of the United States and be domiciled within the State. Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 828 (1989). [D]omicile is established by physical presence in a place in connection with a certain state of mind concerning ones intent to remain there. Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989)." The court questions if it has jurisdiction over this case and why I should not recommend this matter be sent back to state court. Since the Defendant removed this case they must address this issue. (JBB) (xc: pro se party by email.) Modified on 10/11/2019 (dt).
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| Filing 7 MOTION to Request Hearing by Teleconference by Constance Smith. (dt) |
| Filing 6 MOTION to Dismiss Defendant Without Prejudice by Constance Smith. (dt) |
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Filing 5
ORDER: Initial Case Management Conference set for 11/13/2019 at 10:00 AM in Courtroom 783 before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 9/17/19. (xc:Pro se party by email.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Joe Brown 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) of the Federal Rules of Civil Procedure and the Local Rules of Court. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/4/19. (xc: Pro se party by e-mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 9/4/2019 (dt).
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| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| TN State Bar status verified as active for Lauren Paxton Roberts, Ashley Goins Alderson, Matthew J. Evans and Kelley E. Strange. (dt) |
| Notice e-mailed to pro se party regarding filing of new case (docket sheet and blank, pro se forms included). (dt) Modified on 8/20/2019 (dt). |
| Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by State Farm Insurance Company. (dt) |
| Filing 1 NOTICE OF REMOVAL by State Farm Insurance Company from Circuit Court for Davidson County, Tennessee, case number 19C1643. (Filing fee $ 400 receipt number 0650-2975158) (Attachments: #1 Exhibit A - State Court File, #2 Exhibit B - State Court Notice, #3 Attachment - Civil Cover Sheet)(dt) |
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