Swordfish Fitness of Franklin Inc. et al v. Markel Insurance Comapny et al
Plaintiff: Swordfish Fitness of Spring Hill, Inc. doing business as Burn Bootcamp Spring Hill, TN, Swordfish Fitness of Franklin, Inc. doing business as Burn Bootcamp Franklin, TN and Swordfish Fitness of Nolensville, Inc. doing business as Burn Bootcamp Nolensville, TN
Defendant: Markel Insurance Comapny, Herbert W. Siner III doing business as Trey Siner and Trey W. Siner, Inc.
Case Number: 3:2020cv00876
Filed: October 9, 2020
Court: US District Court for the Middle District of Tennessee
Presiding Judge: William L Campbell
Referring Judge: Alistair Newbern
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2020 Filing 26 MOTION to Dismiss Trey W. Siner, Inc.'s Motion to Dismiss Plaintiffs' First Amended Complaint by Trey W. Siner, Inc.. (Attachments: #1 Attachment Memorandum of Law in Support of Trey W. Siner, Inc.'s Motion to Dismiss Plaintiffs' First Amended Complaint)(Derrick, Michael)
December 1, 2020 Filing 25 Joint MOTION for Extension of Time to File Response/Reply JOINT MOTION TO EXTEND RESPONSE AND REPLY DATES RELATIVE TO INITIAL MOTIONS TO DISMISS (proposed Order submitted) by Herbert W. Siner III. (Derrick, Michael)
December 1, 2020 Opinion or Order Filing 24 INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 5/1/2021; Discovery due by 8/2/2021; and Motions due by 10/15/2021. A subsequent case management conference shall be held telephonically on 6/22/2021 at 10:00 a.m. before Magistrate Judge Alistair Newbern. The parties shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 12/01/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
December 1, 2020 Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 12/1/2020. (Hearing lasted 00:18)(sd)
November 30, 2020 Opinion or Order Filing 23 ORDER: On November 23, 2020, Defendant Markel Insurance Company filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). (Doc. No. #20 .) Under Local Rule 7.01(a)(3), any response in opposition must be filed and served within fourteen days of service of the motion. M.D. Tenn. R. 7.01(a) (3) (response). An optional reply may be filed and served within seven days of service of a response. M.D. Tenn. R. 7.01(a)(4) (reply). Signed by Magistrate Judge Alistair Newbern on 11/30/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
November 24, 2020 Filing 22 PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Fisher, Alexandria)
November 23, 2020 Filing 21 MEMORANDUM in Support of #20 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Markel Insurance Comapny . (Gentry, Autumn)
November 23, 2020 Filing 20 MOTION to Dismiss Plaintiffs' Amended Complaint by Markel Insurance Comapny. (Gentry, Autumn)
November 20, 2020 Opinion or Order Filing 19 ORDER: This matter is set for an initial case management conference on December 1, 2020 at 10:00 a.m. (Doc. No. #4 .) The conference will be held by telephone. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel need not and should not appear in person. Signed by Magistrate Judge Alistair Newbern on 11/20/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
November 16, 2020 TN State Bar status verified as active for Michael G. Derrick, and Christopher H. Crain admitted to this court. (mg)
November 13, 2020 Filing 18 Summons issued as to Herbert W. Siner III. Service copies will be returned to counsel by mail. (mg)
November 13, 2020 Filing 17 NOTICE of Appearance by Christopher H. Crain on behalf of Herbert W. Siner III (Crain, Christopher)
November 13, 2020 Filing 16 NOTICE of Appearance by Michael G. Derrick on behalf of Herbert W. Siner III (Derrick, Michael)
November 10, 2020 Opinion or Order Filing 15 ORDER granting #13 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Matthew J. Keane is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 11/10/20. (vk)
October 29, 2020 MI State Bar status verified as active for Matthew Keane not admitted to this court - Local counsel secured. (ln)
October 28, 2020 Filing 14 AMENDED COMPLAINT First against All Defendants, filed by Swordfish Fitness of Spring Hill, Inc., Swordfish Fitness of Nolensville, Inc., Swordfish Fitness of Franklin, Inc.. (Attachments: #1 Exhibit A - Franklin Policy, #2 Exhibit B - Nolensville Policy, #3 Exhibit C - Spring Hill Policy, #4 Exhibit D - Lee Exec Order 14, #5 Exhibit E - Lee Exec Order 17, #6 Exhibit F - Lee Exec order 22, #7 Attachment Exhibit List - First Amended Complaint, #8 Attachment Summons - Trey W. Siner, Inc.)(Fisher, Alexandria)
October 28, 2020 Filing 13 MOTION for attorney Matthew J. Keane to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3245080) by Markel Insurance Comapny. (Attachments: #1 Attachment Certificate of Good Standing)(Gentry, Autumn)
October 28, 2020 Filing 12 SUMMONS returned executed by Swordfish Fitness of Spring Hill, Inc., Swordfish Fitness of Nolensville, Inc., Swordfish Fitness of Franklin, Inc.. Markel Insurance Comapny served on 10/19/2020. (Fisher, Alexandria)
October 28, 2020 Filing 11 SUMMONS returned executed by Swordfish Fitness of Spring Hill, Inc., Swordfish Fitness of Nolensville, Inc., Swordfish Fitness of Franklin, Inc.. Herbert W. Siner III served on 10/19/2020. (Fisher, Alexandria)
October 26, 2020 TN State Bar status verified as active for Autumn Gentry admitted to this court. (mg)
October 23, 2020 Opinion or Order Filing 10 ORDER granting #9 Motion for Extension of Time to Answer re #1 Complaint, Markel Insurance Comapny answer due 11/23/2020. Signed by Magistrate Judge Alistair Newbern on 10/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
October 23, 2020 Filing 9 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Markel Insurance Comapny. (Gentry, Autumn)
October 23, 2020 Filing 8 NOTICE of Appearance by Autumn Gentry on behalf of Markel Insurance Comapny (Gentry, Autumn)
October 15, 2020 Filing 7 Summons issued as to Markel Insurance Comapny, Herbert W. Siner III. Service copies will be returned to counsel by mail. (mg)
October 13, 2020 Opinion or Order Filing 6 ORDER: Case REFERRED to the Magistrate Judge. Signed by District Judge William L. Campbell, Jr on 10/13/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 10/13/2020 (mg).
October 9, 2020 Filing 5 NOTICE by Swordfish Fitness of Franklin, Inc., Swordfish Fitness of Nolensville, Inc., Swordfish Fitness of Spring Hill, Inc. re #1 Complaint, Exhibit List (Fisher, Alexandria)
October 9, 2020 Filing 4 NOTICE of Initial Case Management Conference by Telephone set for 12/1/2020 at 10:00 AM before Magistrate Judge Alistair Newbern. (mg)
October 9, 2020 Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg)
October 9, 2020 Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (mg)
October 9, 2020 Filing 1 COMPLAINT against Markel Insurance Comapny, Herbert W. Siner III (Filing fee $400, Receipt number 0650-3232852), filed by Swordfish Fitness of Spring Hill, Inc., Swordfish Fitness of Nolensville, Inc., Swordfish Fitness of Franklin, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Attachment - Civil Cover Sheet)(mg)
October 9, 2020 TN State Bar status verified as active for Alexandria Scarbrough Fisher admitted to this court. (mg)
October 9, 2020 NOTICE TO FILER re DE#1 : 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. (mg)

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Plaintiff: Swordfish Fitness of Spring Hill, Inc. doing business as Burn Bootcamp Spring Hill, TN
Represented By: Alexandria Scarbrough Fisher
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Plaintiff: Swordfish Fitness of Franklin, Inc. doing business as Burn Bootcamp Franklin, TN
Represented By: Alexandria Scarbrough Fisher
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Plaintiff: Swordfish Fitness of Nolensville, Inc. doing business as Burn Bootcamp Nolensville, TN
Represented By: Alexandria Scarbrough Fisher
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Defendant: Markel Insurance Comapny
Represented By: Matthew Keane
Represented By: Autumn Gentry
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Defendant: Herbert W. Siner III doing business as Trey Siner
Represented By: Michael G. Derrick
Represented By: Christopher H. Crain
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Defendant: Trey W. Siner, Inc.
Represented By: Michael G. Derrick
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