Sakai v. Sakai
Plaintiff: Chiharu Sakai
Defendant: Toshiyuki Sakai
Case Number: 3:2019cv00883
Filed: October 4, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Joe Brown
Referring Judge: William L Campbell
Nature of Suit: Other Statutory Actions
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 25, 2019 Filing 34 MEMORANDUM in Support of #33 Reply to Response to Motion Dismiss filed by Toshiyuki Sakai . (Goldstein, Andrew) Modified Text on 11/26/2019 (am).
November 25, 2019 Filing 33 REPLY in Support of to Motion re #20 Second MOTION to Dismiss for Lack of Jurisdiction filed by Toshiyuki Sakai. (Goldstein, Andrew) Modified Text on 11/26/2019 (am).
November 22, 2019 Filing 32 MEMORANDUM in Support of #31 Reply to Response to Motion filed by Toshiyuki Sakai . (Goldstein, Andrew)
November 22, 2019 Filing 31 REPLY to Response to Motion re #14 First MOTION to Dismiss for Failure to State a Claim filed by Toshiyuki Sakai. (Goldstein, Andrew)
November 22, 2019 Opinion or Order Filing 30 ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on October 28, 2019 and November 11, 2019, Defendant Toshiyuki Sakai filed motions to dismiss with supporting memoranda (Docket Nos. 14-15 and 20-21). The deadlines for responsive filings are provided for in the Court's order of November 13, 2019. See Docket No. 24, at 7-8. The Clerk of Court shall forward this motion and the responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Joe Brown on 11/22/2019. (am)
November 20, 2019 Opinion or Order Filing 29 ORDER The subsequent telephonic case management conference with Magistrate Judge Brown is set for January 8, 2020 at 11:00 a.m. Counsel for the parties shall dial (877) 873-8017 and use code 1958322# to attend this conference. Signed by Magistrate Judge Joe Brown on 11/20/2019. (kw)
November 18, 2019 Filing 28 RESPONSE to Motion re #20 Second MOTION to Dismiss for Lack of Jurisdiction filed by Chiharu Sakai. (McKelvey, Rebecca)
November 15, 2019 Filing 27 RESPONSE to Motion re #14 First MOTION to Dismiss for Failure to State a Claim filed by Chiharu Sakai. (Caswell, Gary)
November 15, 2019 Opinion or Order Filing 26 SCHEDULING ORDER: It has been brought to my attention I did not make a correction to the draft scheduling order that was entered in this case (DE 24). The schedule for disclosure of experts should be as follows; "the party bearing the burden of proof on a issue shall disclose expert(s) and expert report(s) on or before February 14, 2020. Rebuttal experts and expert reports shall be disclosed on or before February 28, 2020". (JBB)
November 15, 2019 Set Deadlines/Hearings: Amended Pleadings due by 1/6/2020. Status Report due by 1/6/2020. Initial Case Management Conference by Telephone set for 1/8/2020 at 11:00 AM before Magistrate Judge Joe Brown. (jm)
November 14, 2019 Opinion or Order Filing 25 ORDER SETTING CASE FOR TRIAL: Bench Trial set for 4/21/2020 at 09:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Exhibit List due by 4/6/2020. Witness List due by 4/6/2020. Pretrial Conference set for 4/13/2020 at 11:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Proposed Pretrial Order due by 4/6/2020. Signed by District Judge William L. Campbell, Jr on 11/14/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
November 13, 2019 Opinion or Order Filing 24 SCHEDULING ORDER: Setting deadlines for case and recommending a trial date. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(JBB)
November 11, 2019 Filing 23 MEMORANDUM in Support of #22 Second MOTION Request to Take Judicial Notice of State Court Filings & Related Documents (Second Motion to Dismiss) re #20 Second MOTION to Dismiss for Lack of Jurisdiction filed by Toshiyuki Sakai . (Goldstein, Andrew)
November 11, 2019 Filing 22 Second MOTION Request to Take Judicial Notice of State Court Filings & Related Documents (Second Motion to Dismiss) re #20 Second MOTION to Dismiss for Lack of Jurisdiction by Toshiyuki Sakai. (Goldstein, Andrew)
November 11, 2019 Filing 21 MEMORANDUM in Support of #20 Second MOTION to Dismiss for Lack of Jurisdiction filed by Toshiyuki Sakai . (Attachments: #1 Exhibit Verified Petition for Temporary Emergency Custody, #2 Exhibit Letter Signed by Petitioner's Counsel Dated 07/17/2019, #3 Exhibit Agreed Order Entered 07/26/2019, #4 Exhibit Verified Amended Petition for Absolute Divorce, #5 Exhibit Wife's Motion to Stay (State Court Action))(Goldstein, Andrew)
November 11, 2019 Filing 20 Second MOTION to Dismiss for Lack of Jurisdiction by Toshiyuki Sakai. (Goldstein, Andrew)
November 4, 2019 Opinion or Order Filing 19 ORDER granting #18 Motion for local counsel to appear at initial case management conference in place of lead counsel. Signed by Magistrate Judge Joe Brown on 11/04/2019. (kw)
November 4, 2019 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Case Management Conference held on 11/4/2019. Order to enter. (Hearing lasted 1:00)(kw)
October 31, 2019 Filing 18 MOTION Permission for local counsel to appear at Initial Case Management Conference in place of lead counsel by Chiharu Sakai. (Alderson, Ashley)
October 29, 2019 TN State Bar status verified as active for Andrew P. Goldstein, Todd G. Cole. (am)
October 28, 2019 Filing 17 MEMORANDUM in Support of #16 First MOTION Request to Take Judicial Notice of State Court Filings & Related Documents filed by Toshiyuki Sakai . (Goldstein, Andrew)
October 28, 2019 Filing 16 First MOTION Request to Take Judicial Notice of State Court Filings & Related Documents by Toshiyuki Sakai. (Goldstein, Andrew)
October 28, 2019 Filing 15 MEMORANDUM in Support of #14 First MOTION to Dismiss for Failure to State a Claim filed by Toshiyuki Sakai . (Attachments: #1 Exhibit Verified Petition for Temporary Emergency Custody, #2 Exhibit Letter Dated 07/17/2019, Signed by Petitioner's Counsel, & Sent to Respondent, #3 Exhibit Certified Copy of Agreed Order Entered 07/26/2019, #4 Exhibit Certified Copy of Verified Amended Petition for Absolute Divorce)(Goldstein, Andrew)
October 28, 2019 Filing 14 First MOTION to Dismiss for Failure to State a Claim by Toshiyuki Sakai. (Goldstein, Andrew)
October 28, 2019 Filing 13 NOTICE of Appearance by Andrew P. Goldstein on behalf of Toshiyuki Sakai (Goldstein, Andrew)
October 22, 2019 Set/Reset Hearings: Initial Case Management Conference reset for 11/4/2019 at 01:00 PM in Chambers 781 before Magistrate Judge Joe Brown. (am)
October 21, 2019 TN State Bar status verified as active for Ashley Goins Alderson. (am)
October 21, 2019 Filing 12 NOTICE of Appearance by Ashley Goins Alderson on behalf of Chiharu Sakai (Alderson, Ashley)
October 21, 2019 Opinion or Order Filing 11 ORDER The time for the hearing on Nov. 4, 2019 is 1:00 pm in courtroom 781. (xc:Pro se party by certified mail. ) (JBB)
October 21, 2019 Opinion or Order Filing 10 ORDER granting #9 Motion to expedite case management hearing. Plaintiff is correct this case is entitled to expedited processing. The Defendant was served on Oct. 7, 2019 (DE 8)and a response is therefore due Oct. 28, 2019. The case management conference (DE 5)is reset for Nov. 4, 2019. The clerk will send a copy of this order to the defendant at the address shown on the return of service by regular and certified mail. Plaintiffs counsel should discuss with Defendant or his counsel a draft scheduling order which should be filed by November 1, 2019 if possible. In any case the parties should be prepared to recommend hearing dates for this case with Judge Campbell. Any stay on discovery is lifted. (JBB) Modified Text on 10/22/2019 (am). (Pro se party sent a copy of the order by regular mail.)
October 18, 2019 Filing 9 MOTION re-set the initial case management conference to an earlier date and expedite the proceedings going forward by Chiharu Sakai. (McKelvey, Rebecca)
October 16, 2019 Filing 8 SUMMONS returned executed by Chiharu Sakai. Toshiyuki Sakai served on 10/7/2019. (McKelvey, Rebecca)
October 9, 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 District Judge William L. Campbell, Jr on 10/9/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
October 8, 2019 Opinion or Order Filing 6 ORDER granting #3 Motion for Gary Caswell to Appear Pro Hac Vice. Signed by Kirk L. Davies on 10/8/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
October 7, 2019 Filing 5 NOTICE of Initial Case Management Conference set for 12/9/2019 at 10:30 AM in Courtroom 783 before Magistrate Judge Joe Brown. (am)
October 7, 2019 Filing 4 Summons issued as to Toshiyuki Sakai. (Service packets issued at the front counter.) (am)
October 7, 2019 Filing 3 MOTION for attorney Gary Caswell to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3007169) by Chiharu Sakai. (Attachments: #1 Attachment Certificate of Good Standing)(McKelvey, Rebecca)
October 7, 2019 State Bar status verified as active for (TN) Rebecca K. McKelvey, (TX) Gary Caswell. (am)
October 4, 2019 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am)
October 4, 2019 Filing 1 COMPLAINT against Toshiyuki Sakai (Filing fee $400, Receipt number 0650-3006448), filed by Chiharu Sakai. (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit A - Applicable Custody Law of Japan, #3 Exhibit B - Affidavit of Petitioner, #4 Exhibit C - Affidavit of Paul Hawson Petitioner's Supervisor, #5 Exhibit D - Request for Temporary Emergency Custody Order, #6 Exhibit E - Motion to Dismiss Petition for Temporary Emergency Custody Order, #7 Exhibit F - Agreed Temporary Custody Order, #8 Exhibit G - Certificate of Filing Petition for Divorce and Custody in Japan, #9 Attachment H - Nissan Company Emails Confirming Petitioner Employment in Japan)(am)

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Plaintiff: Chiharu Sakai
Represented By: Gary Caswell
Represented By: Rebecca K. McKelvey
Represented By: Ashley Goins Alderson
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Defendant: Toshiyuki Sakai
Represented By: Andrew P. Goldstein
Represented By: Todd G. Cole
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