State Farm Fire and Casualty Company v. Harper et al
| State Farm Fire and Casualty Company |
| Jason Harper and Michelle Harper |
| 3:2020cv00856 |
| October 2, 2020 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Jeffery S Frensley |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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Filing 73
ORDER: Pending before the Court is a motion to prohibit substitution of appraiser and intrusion of the appraisal process filed by the Defendants/Counter-Plaintiffs in this matter. Docket No. #68 . In light of the notice of withdrawal of that motion (Docket No. #72 ) the motion to prohibit substitution of appraiser (Docket No. #68 ) is DENIED AS MOOT. Signed by Magistrate Judge Jeffery S. Frensley on 5/25/2022. (ln)
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| Filing 72 NOTICE by Jason Harper, Michelle Harper re #68 MOTION to Prohibit Substitution of Appraiser and Intrusion of the Appraisal Process of Withdrawal of Motion (Bobbitt, Jonathan) |
| Filing 71 REPLY to Response to re #68 MOTION to Prohibit Substitution of Appraiser and Intrusion of the Appraisal Process filed by Jason Harper, Michelle Harper. (Attachments: #1 Exhibit 1 - State Farm FL Policy, cited portions)(Bobbitt, Jonathan) |
| Filing 70 RESPONSE in Opposition re #68 MOTION to Prohibit Substitution of Appraiser and Intrusion of the Appraisal Process filed by State Farm Fire and Casualty Company. (Headrick, Daniel) |
| Filing 69 MEMORANDUM in Support of #68 MOTION to Prohibit Substitution of Appraiser and Intrusion of the Appraisal Process filed by Jason Harper, Michelle Harper . (Attachments: #1 Exhibit 1 - Smith v. State Farm Appraisal Award)(Bobbitt, Jonathan) |
| Filing 68 MOTION to Prohibit Substitution of Appraiser and Intrusion of the Appraisal Process by Jason Harper, Michelle Harper. (Bobbitt, Jonathan) |
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Filing 67
JOINT REVISED MANAGEMENT ORDER: Discovery due by 9/20/2022. Dispositive Motions due by 10/17/2022. Signed by Magistrate Judge Jeffery S. Frensley on 4/28/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 66 NOTICE by State Farm Fire and Casualty Company of Substitution of Appraiser (Evans, Matthew) |
| Filing 65 PROPOSED CASE MANAGEMENT ORDER (Joint) filed by State Farm Fire and Casualty Company. (Headrick, Daniel) |
| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 4/15/2022. (Hearing lasted :15)(ms) |
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Filing 64
ORDER: The Court held a case management conference with the Parties on April 15, 2022. By April 22, 2022, the Parties shall file a revised proposed case management order including a target trial date and date by which the Parties will participate in mediation. Signed by Magistrate Judge Jeffery S. Frensley on 4/15/2022. (ln)
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Filing 63
ORDER: MOTION #62 for Case Management Conference GRANTED. A telephone conference is set for April 15, 2022 at 9:00 a.m. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 4/12/2022. (ln)
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| Set Hearing: Telephone Conference set for 4/15/2022 at 9:00 AM before Magistrate Judge Jeffery S. Frensley. (ln) |
| Filing 62 Joint MOTION Case management conference by State Farm Fire and Casualty Company. (Headrick, Daniel) |
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Filing 61
ORDER: The Court previously extended the dispositive motion deadline to 30 days after the Court's ruling on the Motion for Review and ordered the parties to request a case management conference with the Magistrate Judge within 10 days of the Courts ruling on the Motion. (See Doc. No. #45 ). On March 31, 2022, the Court issued a ruling on the Motion for Review affirming the Magistrate Judge;s Order. (See Doc. No. #60 ). Accordingly, on or before April 11, 2022, the parties shall request a case management conference with the Magistrate Judge. The trial in this case is CONTINUED to a date to be set following the case management conference. Signed by District Judge William L. Campbell, Jr on 4/8/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 60
MEMORANDUM AND ORDER: Pending before the Court is a Motion for Review of Nondispositive Order of Magistrate Judge filed by Plaintiff/Counter-Defendant State Farm Fire and Casualty Company ("State Farm" or "Plaintiff"). (Doc. No. #36 ). Through the Motion, State Farm seeks review of the Magistrate Judge's August 13, 2021 Order (Doc. No. #35 ), which granted the Motion to Compel Appraisal (Doc. No. #16 ) filed by Defendants/Counter-Plaintiffs Jason and Michelle Harper ("the Harpers" or "Defendants"). For the reasons discussed, the Court finds that the dispute between the parties is with regard to the amount of damages, the Harpers properly invoked the appraisal clause in the Policy, and that the plain language of the Policy requires the parties to complete the appraisal process. Accordingly, the Magistrate Judge's Order (Doc. No. #35 ) is AFFIRMED. Signed by District Judge William L. Campbell, Jr on 3/31/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 59 NOTICE by Jason Harper, Michelle Harper Second Notice of Supplemental Authority Relevant to Their Motion to Compel Appraisal (Attachments: #1 Exhibit 1 - Order Granting Motion to Compel Appraisal)(Bobbitt, Jonathan) |
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Filing 58
ORDER: MOTION #56 for Telephonic Status Conference with Magistrate Judge GRANTED. Signed by Magistrate Judge Jeffery S. Frensley on 3/10/2022. (ln)
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| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Status Conference held on 3/10/2022. (Hearing lasted :6)(ms) |
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Filing 57
ORDER: A telephone conference is set for March 10, 2022, at 8:30 a.m. The parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please contact chambers at 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 3/4/2022. (ln)
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| Filing 56 Defendants/Counter-Plaintiffs' Request for Telephonic Status Conference with Magistrate Judge by Jason Harper, Michelle Harper (Bobbitt, Jonathan) Modified text and event type on 3/4/2022 (ln). |
| TN State Bar status verified as active for Nancy R. Steer admitted to this court. (ln) |
| Filing 55 NOTICE of Appearance by Nancy R. Steer on behalf of Jason Harper, Michelle Harper (Steer, Nancy) |
| Filing 54 NOTICE by Jason Harper, Michelle Harper of Supplemental Authority Relevant to Their Motion to Compel Appraisal (DE#16) (Attachments: #1 Exhibit Order - Ingram v. State Farm, #2 Exhibit Order - Smith v. State Farm, #3 Exhibit Order - Smith v. State Farm)(Bobbitt, Jonathan) |
| Filing 53 SURREPLY filed by Jason Harper and Michelle Harper re #36 Motion for Review filed by State Farm Fire and Casualty Company. (ln) |
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Filing 52
ORDER: Motion #51 for Leave to File Surreply GRANTED. Signed by District Judge William L. Campbell, Jr on 10/12/2021.(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 51 MOTION for Leave to to File Surreply to Plaintiff/Counter-Defendant's Reply to Response to Motion for Review of Nondispositive Order of Magistrate Judge by Jason Harper, Michelle Harper. (Attachments: #1 Exhibit 1 - Proposed Surreply)(Bobbitt, Jonathan) |
| Filing 50 REPLY to Response to re #36 MOTION for Review re #35 Order on Motion to Compel,, of Nondispositive Order of Magistrate Judge filed by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit 1 - Deposition Transcript of Dr. Eduard Badiu)(Headrick, Daniel) |
| Filing 49 RESPONSE in Opposition re #36 MOTION for Review re #35 Order on Motion to Compel,, of Nondispositive Order of Magistrate Judge filed by Jason Harper, Michelle Harper. (Attachments: #1 Exhibit 1 - Wilkofsky, The Law and Procedure of Insurance Appraisal excerpt, #2 Exhibit 2 - Argonaut Great Central Ins. Co. v. Greenville Public School Dist. Order, #3 Exhibit 3 -Deposition Excerpts of Jason Harper)(Bobbitt, Jonathan) |
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Filing 48
ORDER: Pending before the Court is the Parties' joint motion for a second extension of time to respond to the motion for review of the Magistrate Judge's August 13, 2021 Order. (Doc. No. #47 ). The Motion is GRANTED. Accordingly, the Harpers shall file a response to the motion for review by September 24, 2021. State Farm may file an optional reply on or before October 8, 2021. Signed by District Judge William L. Campbell, Jr on 9/16/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 47 Joint MOTION for Extension of Time to File Response/Reply to Motion for Review of Nondispositive Order of Magistrate Judge by Jason Harper, Michelle Harper. (Bobbitt, Jonathan) |
| Filing 46 NOTICE by State Farm Fire and Casualty Company re #38 Notice (Other) of Description of Exhibits (Evans, Matthew) |
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Filing 45
ORDER: The motions (Doc. Nos. #34 and #43 ) are GRANTED as follows. The deadline to complete expert depositions is extended to September 3, 2021. The deadline to file dispositive motions is extended to 30 days after the Court's ruling on the Motion for Review (Doc. No. #36 ). Within 10 days of the Court's ruling on the Motion for Review, the parties shall request a case management conference with the Magistrate Judge to discuss the remaining case deadlines and trial date. Signed by District Judge William L. Campbell, Jr on 9/2/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 44 NOTICE OF EXHIBIT DESCRIPTIONS re 37 Memorandum in Support of 36 MOTION for Review re 35 Order on Motion to Compel by State Farm Fire and Casualty Company. (Headrick, Daniel) |
| Filing 43 Unopposed MOTION for Extension of Time to File Dispositive Motions by State Farm Fire and Casualty Company. (Headrick, Daniel) |
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Filing 42
ORDER: Motion #41 for Extension of Time to Respond GRANTED; response due by September 16, 2021. Signed by District Judge William L. Campbell, Jr on 9/1/2021. (ln)
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| NOTICE TO FILER re DE#38 : 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. (ln) |
| TN State Bar status verified as active for Daniel C. Headrick admitted to this court. (ln) |
| Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply as to #36 MOTION for Review re #35 Order on Motion to Compel,, of Nondispositive Order of Magistrate Judge by Jason Harper, Michelle Harper. (McWherter, J.) |
| Filing 40 NOTICE by Jason Harper, Michelle Harper re #35 Order on Motion to Compel,, Joint Notice of Compliance (Attachments: #1 Exhibit 1. Declaration of Appraisers)(McWherter, J.) |
| Filing 39 NOTICE of Appearance by Daniel C. Headrick on behalf of State Farm Fire and Casualty Company (Headrick, Daniel) |
| Filing 38 ****DISREGARD. MISSING SIGNATURE. ATTORNEY TO RE-FILE.**** NOTICE by State Farm Fire and Casualty Company re #37 Memorandum in Support, of Exhibit Descriptions (Evans, Matthew) Modified on 9/1/2021 (ln). |
| NOTICE TO FILER re DE#37 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (ln) |
| Filing 37 MEMORANDUM in Support of #36 MOTION for Review re #35 Order on Motion to Compel,, of Nondispositive Order of Magistrate Judge filed by State Farm Fire and Casualty Company . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Evans, Matthew) |
| Filing 36 MOTION for Review re #35 Order on Motion to Compel,, of Nondispositive Order of Magistrate Judge by State Farm Fire and Casualty Company. (Evans, Matthew) |
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Filing 35
MEMORANDUM AND ORDER: Before the Court is the Harpers' Motion to Compel the Appraisal Clause in their Homeowners Insurance Policy. Docket No. #16 . For the following reasons, the Harpers' Motion is GRANTED. Any objection to this Order shall be made in accordance with Federal Rules of Civil Procedure 72(a) and Local Rule 72.02 (a) by way of a "Motion for Review" which shall be filed within 14 days after service of this Order. Signed by Magistrate Judge Jeffery S. Frensley on 8/13/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 34 MOTION re #15 Case Management Order, to Modify by State Farm Fire and Casualty Company. (Evans, Matthew) |
| Filing 33 CERTIFICATE service - amended filed by State Farm Fire and Casualty Company re #32 Notice (Other) filed by State Farm Fire and Casualty Company. (Evans, Matthew) |
| NOTICE TO FILER re DE#32 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (ln) |
| Filing 32 NOTICE by State Farm Fire and Casualty Company Notice of Withdrawal (Eiler, Nina) |
| Filing 31 STATUS REPORT Joint as to Settlement by State Farm Fire and Casualty Company. (Evans, Matthew) |
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Filing 30
ORDER: MOTION #29 to Reset Status Conference GRANTED. Signed by Magistrate Judge Jeffery S. Frensley on 5/14/2021. (ln)
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| Filing 29 Joint MOTION to Reset Status Conference by Jason Harper, Michelle Harper. (Bobbitt, Jonathan) |
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Filing 28
MODIFIED AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Jeffery S. Frensley on 4/9/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 27 MOTION to Modify Protective Order by State Farm Fire and Casualty Company. (Attachments: #1 Attachment Proposed order)(Evans, Matthew) |
| Filing 26 ANSWER to #10 Answer to Complaint, Counterclaim by State Farm Fire and Casualty Company.(Evans, Matthew) |
| Filing 25 NOTICE by Jason Harper, Michelle Harper of Service of Defendants/Counter-Plaintiffs' First Set of Interrogatories and Requests for Production Under Fed. R. Civ. P. 33 and 34 (Bobbitt, Jonathan) |
| Filing 24 REPLY to Response to re #16 MOTION to Compel Appraisal Clause filed by Jason Harper, Michelle Harper. (Attachments: #1 Exhibit A - Kush Enterprises, LLC v. Mass. Bay Ins. Co., No. 3:18-CV-492 (E.D. Tenn. Nov. 17, 2019))(Bobbitt, Jonathan) |
| Filing 23 RESPONSE in Opposition re #16 MOTION to Compel Appraisal Clause filed by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit Exhibit A - Policy, #2 Exhibit Exhibit B - April NV5 Report, #3 Exhibit Exhibit C - Dr. Badiu Report, #4 Exhibit Exhibit D - May 21, 2020 Letter, #5 Exhibit Exhibit E - Mark Kirk Email, #6 Exhibit Exhibit F - Appraisal Request, #7 Exhibit Exhibit G - Appraisal Denial, #8 Exhibit Exhibit H - August NV5 Report)(Evans, Matthew) |
| Filing 22 NOTICE by Jason Harper, Michelle Harper of Service of Defendants/Counter-Plaintiffs' Initial Disclosures Under Fed. R. Civ. P. 26(a) (Bobbitt, Jonathan) |
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Filing 21
ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 5/3/2022 at 9:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Pretrial Conference is set for 4/25/2022 at 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Proposed Pretrial Order due by 4/18/2022; Exhibit List due by 4/18/2022; and Witness List due by 4/18/2022. Signed by District Judge William L. Campbell, Jr on 12/15/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 20 NOTICE of Filing by State Farm Fire and Casualty Company of Initial Disclosures (Evans, Matthew) |
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Filing 19
AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Jeffery S. Frensley on 12/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 18 MOTION for Protective Order Agreed by State Farm Fire and Casualty Company. (Attachments: #1 Attachment Proposed order)(Evans, Matthew) |
| Filing 17 MEMORANDUM in Support of #16 MOTION to Compel Appraisal Clause filed by Jason Harper, Michelle Harper . (Attachments: #1 Exhibit 1 - Copy of Policy, #2 Exhibit 2 - Repair Estimate - Veterans Builders 7-15-20, #3 Exhibit 3 - Appraisal Invocation Letter - 6-5-20, #4 Exhibit 4 - SF Denial of Appraisal Demand 6-24-20, #5 Exhibit 5 - Harper Reconsideration Appraisal Request 7-3-20, #6 Exhibit 6 - PA Letter Reconsideration Appraisal Request 7-7-20, #7 Exhibit 7 - SF Denial of Reconsideration Request 7-14-20, #8 Exhibit 8 - Letter from JBM to SF re Appraisal 8-12-20, #9 Exhibit 9 - Letter from SF to JBM Refusing Appraisal 8-17-20)(Bobbitt, Jonathan) |
| Filing 16 MOTION to Compel Appraisal Clause by Jason Harper, Michelle Harper. (Bobbitt, Jonathan) |
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Filing 15
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 2/1/2021; Discovery due by 7/1/2021; and Motions due by 9/1/2021. Telephone Conference is set for 6/7/2021 at 8:00 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 11/30/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 14 SUMMONS returned executed by State Farm Fire and Casualty Company. Jason Harper served on 10/25/2020. (Evans, Matthew) |
| Filing 13 SUMMONS returned executed by State Farm Fire and Casualty Company. Michelle Harper served on 10/25/2020. (Evans, Matthew) |
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Filing 12
ORDER: The Initial Case Management Conference set for November 25, 2020 at 9:30 a.m. will be conducted by telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate in the Case Management Conference. Signed by Magistrate Judge Jeffery S. Frensley on 11/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 11 PROPOSED CASE MANAGEMENT ORDER filed by State Farm Fire and Casualty Company. (Evans, Matthew) |
| TN State Bar status verified as active for J. Brandon McWherter, Jonathan L. Bobbitt admitted to this court. (mg) |
| Filing 10 ANSWER to #1 Complaint,, , COUNTERCLAIM against State Farm Fire and Casualty Company by Michelle Harper, Jason Harper. (Attachments: #1 Exhibit 1. Policy, #2 Exhibit 2. June 5, 2020 Appraisal Demand, #3 Exhibit 3. July 3, 2020 Harper letter to State Farm, #4 Exhibit 4. July 7, 2020 Public Adjuster letter, #5 Exhibit 5. Repair Estimate -Veterans Builders, #6 Exhibit 6. August 12, 2020 Letter to State Farm, #7 Exhibit 7. August 17, 20200 State Farm letter, #8 Exhibit 8. August 20, 2020 Letter to State Farm)(McWherter, J.) |
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Filing 9
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 District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge William L. Campbell, Jr on 10/2/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 8 NOTICE of Initial Case Management Conference set for 11/25/2020 at 09:30 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (mg) |
| Filing 7 Summons issued as to Jason Harper, Michelle Harper. Service copies will be returned to counsel by mail. (mg) |
| Filing 6 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 5 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| Filing 4 NOTICE of Summons to be Issued as to Michelle Harper. (Evans, Matthew) Modified on 10/2/2020 (mg). Modified on 10/2/2020 (mg). |
| Filing 3 NOTICE of Summons to be Issued as to Jason Harper. (Evans, Matthew) Modified on 10/2/2020 (mg). Modified on 10/2/2020 (mg). |
| Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by State Farm Fire and Casualty Company. (Evans, Matthew) |
| Filing 1 COMPLAINT against Jason Harper, Michelle Harper (Filing fee $400, Receipt number 0650-3228060), filed by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A - State Farm Homeowners Policy, #2 Exhibit B - Letter dated April 26, 2020, #3 Exhibit C - Letter dated May 22, 2020, #4 Exhibit D - Letter dated May 21, 2020, #5 Exhibit E - Email Communication dated June 23, 2020, #6 Exhibit F - Letter dated June 5, 2020, #7 Exhibit G - Letter dated June 24, 2020, #8 Exhibit H - Letter dated August 5, 2020, #9 Exhibit I - Letter dated August 13, 2020, #10 Attachment - Civil Cover Sheet)(mg) |
| TN State Bar status verified as active for Matthew J. Evans, and Nina M. Eiler admitted to this court. (mg) |
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