Huether v. Continental Aerospace Technologies, Inc. et al
| Brian Huether |
| Continental Aerospace Technologies, Inc., Continental Motors, Inc., Continental Motors Group Limited, Continental Motors Services, Inc. and Direct Flight Solutions, LLC |
| Tracy A. Bumpus and Brandon Wright |
| 3:2021cv00783 |
| October 13, 2021 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Jeffery S Frensley |
| Alistair Newbern |
| Airplane |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 14, 2022. A more recent docket listing may be available from PACER.
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Filing 67
ORDER granting #65 and #66 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Joseph P. Musacchio and Douglas P. Desjardins to Appear Pro Hac Vice are granted. Signed by Lynda Hill on 12/6/2021. (lh)
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DC State Bar status verified as active for Douglas P. Desjardins not admitted to this court - Local counsel secured. (ln)
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Filing 66
MOTION for attorney Douglas P. Desjardins to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3491720) by Brian Huether. (Attachments: #1 Attachment Certificate of Good Standing)(Greer, Thomas)
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MA State Bar status verified as active for Joseph P. Musacchio not admitted to this court - Local counsel secured. (ln)
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Filing 65
MOTION for attorney Joseph P. Musacchio to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3490980) by Tracy A. Bumpus. (Attachments: #1 Exhibit A: Certificate of Good Standing)(Tarricone, Anthony)
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Filing 64
REPLY filed by Tracy A. Bumpus re #29 Motion for Leave filed by Tracy A. Bumpus. (Tarricone, Anthony)
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NOTICE TO FILER re DE#63 : 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)
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Filing 63
****DISREGARD. ATTORNEY TO RE-FILE.**** REPLY in Support re #29 MOTION for Leave to Conduct Jurisdictional Discovery filed by Tracy A. Bumpus. (Tarricone, Anthony) Modified on 11/22/2021 (lh). Modified on 11/23/2021 (ln).
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Filing 62
ORDER granting #60 and #61 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Sherri R. Ginger and Mark B. Roberts to Appear Pro Hac Vice are granted. Signed by Lynda Hill on 11/19/2021. (lh)
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AL State Bar status verified as active for Sherri R. Ginger and Mark B. Roberts not admitted to this court - Local counsel secured. (ln)
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Filing 61
MOTION for attorney Mark B. Roberts to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3486642) by Continental Aerospace Technologies, Inc.. (Jakes, William)
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Filing 60
MOTION for attorney Sherri R. Ginger to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3486631) by Continental Aerospace Technologies, Inc.. (Jakes, William)
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Filing 59
RESPONSE in Support re #28 MOTION to Remand for Lack of Subject Matter Jurisdiction filed by Tracy A. Bumpus. (Attachments: #1 Exhibit NTSB Factual Report)(Tarricone, Anthony)
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Filing 58
Additional Attachments to Main Document re: #56 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF COMBINED OPPOSITION TO PLAINTIFFS' MOTIONS TO REMAND. (Jakes, William)
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Filing 57
RESPONSE in Opposition re #37 MOTION To Conduct Jurisdictional Discovery, #29 MOTION for Leave to Conduct Jurisdictional Discovery filed by Continental Aerospace Technologies, Inc.. (Skinner, Will)
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Filing 56
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF COMBINED OPPOSITION TO PLAINTIFFS' MOTIONS TO REMAND by Continental Aerospace Technologies, Inc. re #33 Plaintiff Brian Huether's Motion to Remand for Lack of Subject Matter Jurisdiction (Attachments: #1 Exhibit Federal Aviation Policy, #2 Exhibit National Policy, #3 Exhibit Amicus Brief)(Jakes, William) Modified text on 11/17/2021 (ln).
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Filing 55
DECLARATION of Ward filed by Continental Aerospace Technologies, Inc. re: #54 Memorandum in Support. (Jakes, William)
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Filing 54
MEMORANDUM in Support of #33 Plaintiff Brian Huether's Motion to Remand for Lack of Subject Matter Jurisdiction filed by Continental Aerospace Technologies, Inc. (Jakes, William)
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Filing 53
ORDER: Defendants' Motion for Permission to File a Reply Brief Exceeding Five Pages (Doc. No. #43 ) and Plaintiff Tracy Bumpus' Motion for Permission to File a Sur-Reply (Doc. No. #51 ) are GRANTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/15/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 52
PROPOSED SUR-REPLY IN SUPPORT OF OPPOSITION TO CONTINENTAL AEROSPACE TECHNOLOGIES, INC.'S RULE 12(b)(2) MOTION TO DISMISS re #51 Motion for Leave filed by Tracy A. Bumpus. (Tarricone, Anthony) Modified text on 11/12/2021 (ln).
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Filing 51
MOTION for Leave to to File a Sur-Reply Brief in Support of His Opposition to Continental Aerospace Technologies, Inc.'s Rule 12(b)(2) Motion to Dismiss by Tracy A. Bumpus. (Tarricone, Anthony)
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Filing 50
REPLY in Support re #14 MOTION to Dismiss for Lack of Jurisdiction filed by Continental Aerospace Technologies, Inc. (Jakes, William)
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Filing 49
NOTICE by Direct Flight Solutions, LLC (Ferrell, E.)
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Filing 48
ORDER granting #31 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Arthur J. Park to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 11/9/2021. (lh)
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Filing 47
ORDER granting #27 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Edward C. Bresee to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 11/8/2021. (lh)
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Filing 46
REPLY in Support re #14 MOTION to Dismiss for Lack of Jurisdiction filed by Continental Aerospace Technologies, Inc. (Jakes, William)
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Filing 45
NOTICE by Direct Flight Solutions, LLC re #43 MOTION for Leave to File Consolidated Reply in Excess of Five Pages (Ferrell, E.)
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Filing 44
NOTICE by Tracy A. Bumpus (Tarricone, Anthony)
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Filing 43
MOTION for Leave to File Consolidated Reply in Excess of Five Pages by Continental Aerospace Technologies, Inc.. (Jakes, William)
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Filing 42
CERTIFICATE Conformed Certificate of Service filed by Brian Huether re #33 MOTION to Remand to State Court Plaintiff Brian Huether's Motion to Remand for Lack of Subject Matter Jurisdiction filed by Brian Huether. (Greer, Thomas)
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Filing 41
CERTIFICATE Conformed Certificate of Service filed by Brian Huether re #32 Response to Motion filed by Brian Huether. (Greer, Thomas)
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Filing 40
CERTIFICATE Conformed Certificate of Service filed by Brian Huether re #34 Response in Opposition to Motion filed by Brian Huether. (Greer, Thomas)
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Filing 39
CERTIFICATE Conformed Certificate of Service filed by Brian Huether re #38 Notice (Other) filed by Brian Huether. (Greer, Thomas)
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Filing 38
NOTICE by Brian Huether Notice of Withdrawal of Josh Cannon (Greer, Thomas)
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NOTICE TO FILER re DE#32 , #33 , #34 : 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 certificates of service. Please FILE a CONFORMED CERTIFICATE OF SERVICE for these documents. (ln)
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NOTICE TO FILER re DE#38 : 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 sign the certificate of service. Counsel also did not include ALL Counsel on the certificate of service. Please FILE a CONFORMED CERTIFICATE OF SERVICE for this document. (ln)
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Filing 37
MOTION To Conduct Jurisdictional Discovery by Brandon Wright. (Barnett, Kathryn)
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Filing 36
RESPONSE in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction filed by Brandon Wright. (Attachments: #1 Exhibit Continental Website, #2 Exhibit Competing Quote, #3 Exhibit Emails and Promotional Materials)(Barnett, Kathryn)
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Filing 35
First MOTION to Remand by Brandon Wright. (Barnett, Kathryn)
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Filing 34
RESPONSE in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction Plaintiff Brian Huether's Opposition to Continental Aerospace Technologies, Inc. Motion to Dismiss filed by Brian Huether. (Greer, Thomas)
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Filing 33
Plaintiff Brian Huether's Motion to Remand for Lack of Subject Matter Jurisdiction by Brian Huether. (Greer, Thomas)
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Filing 32
RESPONSE to Motion re #11 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Assent to the Dismissal of Continental Motors Group Limited filed by Brian Huether. (Greer, Thomas)
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Filing 31
MOTION for attorney Arthur J. Park to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3476979) by Direct Flight Solutions, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Ferrell, E.)
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Filing 30
RESPONSE in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction filed by Tracy A. Bumpus. (Attachments: #1 Exhibit A- Affidavit of Anthony Tarricone, #2 Exhibit B- Competing Quotes, #3 Exhibit C-E-mail Communications, #4 Exhibit D- NiC3 Cylinder Coating Promotional Literature, #5 Exhibit E- Continental Services Website)(Tarricone, Anthony)
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Filing 29
MOTION for Leave to Conduct Jurisdictional Discovery by Tracy A. Bumpus. (Tarricone, Anthony)
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Filing 28
MOTION to Remand for Lack of Subject Matter Jurisdiction by Tracy A. Bumpus. (Attachments: #1 Exhibit 1-FAA Form 8130, #2 Exhibit 2-SIL007 Service Information Letter, #3 Exhibit 3- FAA Order 8100.42d, #4 Exhibit 4- PMA Letter, #5 Exhibit 5- FAA Order 8110.37F, #6 Exhibit 6-FAA Order 8100.15B, #7 Exhibit 7- FAA ODA Directory, #8 Exhibit 8- AC_21.303-4, #9 Exhibit 9- Current PMA, #10 Exhibit 10-FAA Consultant DER Directory, #11 Exhibit 11-Federal Register)(Tarricone, Anthony)
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Filing 27
MOTION for attorney Edward C. Bresee to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3476657) by Direct Flight Solutions, LLC. (Ferrell, E.)
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Filing 26
ORDER granting #22 , #23 , and #24 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Will A. Skinner, Gary A. Gardner, and Erik D. Slechta to Appear Pro Hac Vice are granted.Signed by Lynda Hill, Clerk of Court, on 10/27/2021. (lh)
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State Bar status verified as active for Erik D. Slechta (CA), Will Skinner (CA), Gary A. Gardner (NY) not admitted to this court - Local counsel secured. (ln)
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Filing 25
ORDER: An Initial Case Management Conference is scheduled January 5, 2022 at 9:30 a.m. via 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. 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 10/25/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 24
MOTION for attorney Erik D. Slechta to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3472641) by Continental Aerospace Technologies, Inc.. (Jakes, William)
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Filing 23
MOTION for attorney Gary A. Gardner to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3472636) by Continental Aerospace Technologies, Inc.. (Jakes, William)
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Filing 22
MOTION for attorney Will S. Skinner to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3472631) by Continental Aerospace Technologies, Inc.. (Jakes, William)
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Filing 21
ORDER: The above-captioned cases all stem from the same airplane accident and all assert negligence claims against Continental Aerospace Technologies, Inc., and related defendants. Because these cases involve "common question[s] of law or fact," the Court finds consolidation is appropriate. Fed. R. Civ. P. 42(a). Accordingly, Case Nos. 3:21-cv-00783, 3:21-cv-00784, and 3:21-cv-00785 are hereby CONSOLIDATED for all purposes, including trial. CASE NO. 3:21-cv-00783 WILL SERVE AS THE LEAD CASE. ALL FUTURE FILINGS SHALL BE MADE IN THE LEAD CASE ONLY. The Clerk is directed to file this Order in Case Nos. 3:21-cv-00783, 3:21-cv-00784, and 3:21-cv-00785. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/22/2021. (ln)
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GA State Bar status verified as active for Edward C. Bresee, Jr. and Arthur J. Park not admitted to this court - Local counsel secured. (ln)
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NOTICE TO COUNSEL Edward C. Bresee, Jr. and Arthur J. Park: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/12/2021. (ln)
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Case Reassigned to Magistrate Judge Jeffery S. Frensley. Magistrate Judge Alistair Newbern no longer assigned to the case. The initial case management conference set on January 6, 2022 is CANCELLED and will be reset. See DE 19 in related case 3:21-cv-0785. (vh)
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Filing 20
ORDER: On October 19, 2021, Defendants Continental Motors Group Limited and Continental Aerospace Technologies, Inc., filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(2). (Doc. No. #11 , #14 .) Under Local Rule 7.01(a)(3), any response in opposition must be filed within fourteen days of service of the motion. An optional reply may be filed within seven days of service of a response. Signed by Magistrate Judge Alistair Newbern on 10/20/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 19
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Direct Flight Solutions, LLC. (Ferrell, E.)
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Filing 18
ANSWER to Complaint by Direct Flight Solutions, LLC.(Ferrell, E.)
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Filing 17
NOTICE by Continental Aerospace Technologies, Inc. re #14 MOTION to Dismiss for Lack of Jurisdiction . Request for Judicial Notice (Attachments: #1 Exhibit A, FAA Aircraft Registry Record)(Jakes, William)
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Filing 16
DECLARATION of Michael Ward filed by Continental Aerospace Technologies, Inc. re: #14 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit 1, Continental's File for W/O #ES-8663, #2 Exhibit 2, Continental's Terms & Conditions, #3 Exhibit 3, Continental's File for W/O #ES-9036, #4 Exhibit 4, Email Communications)(Jakes, William)
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Filing 15
MEMORANDUM in Support of #14 MOTION to Dismiss for Lack of Jurisdiction filed by Continental Aerospace Technologies, Inc. . (Jakes, William)
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Filing 14
MOTION to Dismiss for Lack of Jurisdiction by Continental Aerospace Technologies, Inc.. (Jakes, William)
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Filing 13
DECLARATION of Stephen R. Ginger filed by Continental Motors Group Limited re: #11 MOTION to Dismiss for Lack of Jurisdiction . (Jakes, William)
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Filing 12
MEMORANDUM in Support of #11 MOTION to Dismiss for Lack of Jurisdiction filed by Continental Motors Group Limited . (Jakes, William)
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Filing 11
MOTION to Dismiss for Lack of Jurisdiction by Continental Motors Group Limited. (Jakes, William)
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Filing 10
NOTICE of Filing by Continental Aerospace Technologies, Inc. re #7 Notice (Other), Documents Filed in Joinder of Removal (Jakes, William)
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TN State Bar status verified as active for E. Jason Ferrell admitted to this court. (ln)
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Filing 9
NOTICE of Appearance by E. Jason Ferrell on behalf of Direct Flight Solutions, LLC (Ferrell, E.)
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NOTICE TO FILER re DE#7 : Counsel failed to include the mandatory description of ALL attached exhibits. Counsel is directed to file a NOTICE that lists each exhibit with a brief description. (ln)
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Filing 8
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 Court in accordance with the procedures of Local Rule 16.01(h). Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/14/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 7
NOTICE by Continental Aerospace Technologies, Inc. re #1 Notice of Removal, of Joinder (Attachments: #1 Exhibit Exhibit A to Notice, #2 Attachment Declaration of Ward, #3 Attachment Declaration of Jakes, #4 Exhibit Exhibit A to Jakes Declaration, #5 Exhibit Exhibit B to Jakes Declaration, #6 Attachment Business Entity Disclosure)(Jakes, William)
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Filing 6
NOTICE of Initial Case Management Conference by Telephone set for 1/6/2022 at 10:00 AM before Magistrate Judge Alistair Newbern. (ln)
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Filing 5
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ln)
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Filing 4
NOTICE of Business Entity Disclosure Statement filing requirement. (ln)
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Filing 3
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln)
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Filing 2
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Continental Aerospace Technologies, Inc. (ln)
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Filing 1
NOTICE OF REMOVAL by Continental Aerospace Technologies, Inc., Continental Motors Group Limited from Davidson County Circuit Court, case number 21C1508. (Filing fee $402, receipt number 0650-3465316). (Attachments: #1 Exhibit A - Complaint, #2 Attachment 1 - Jakes Declaration, #3 Attachment 2 - Ginger Declaration, #4 Attachment 3 - Civil Cover Sheet)(ln)
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TN State Bar status verified as active for Thomas R. Greer admitted to this court. (ln)
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NOTICE TO COUNSEL Josh Cannon: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at #http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 11/3/2021. (ln)
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NOTICE TO COUNSEL Will Skinner, Gary A. Gardner, Douglas P. Desjardins: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/3/2021. (ln)
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TN State Bar status verified as active for William Bryan Jakes, III admitted to this court. (ln)
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