United States Fire Insurance Company v. Charles Deweese Construction, Inc. et al
| United States Fire Insurance Company |
| Charles Deweese Construction, Inc., Drakes Creek Holding Company, LLC, Penny's Construction LLC, Jed Holding Company LLC, Charles Weldon Deweese and Penny Deweese |
| 3:2022cv00500 |
| June 29, 2022 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Jeffery S Frensley |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
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| KY State Bar status verified as active for Neil C. Bordy not admitted to this court - Local counsel secured. (kc) |
Filing 29
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 12/1/2022. Discovery due by 3/1/2023. Dispositive Motions due by 6/15/2023. Case Management Conference by Telephone is set for 1/30/2023 at 8:30 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 8/23/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 28
ORDER: Pending before the Court is Plaintiff's Unopposed Motion for Extension of Time to File Reply. #23 . The Motion is GRANTED. Plaintiff shall have up to and including September 2, 2022, to file a Reply Memorandum in Support of its Motion for Preliminary Injunction. #13 . Signed by District Judge William L. Campbell, Jr on 8/23/2022. (kc)
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| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Initial Case Management Conference by Telephone held on 8/23/2022. (Hearing lasted :22) (Parise, Kelly) |
| Filing 27 MOTION for attorney Neil C. Bordy to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Charles Weldon Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, Jed Holding Company LLC, Penny's Construction LLC. (Attachments: #1 Attachment - Certificate of Good Standing for Neil Charles Bordy)(Zager, Jeffrey) |
| Filing 26 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Jed Holding Company LLC. (Zager, Jeffrey) |
| Filing 25 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Penny's Construction LLC. (Zager, Jeffrey) |
| Filing 24 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Drakes Creek Holding Company, LLC. (Zager, Jeffrey) |
| Filing 23 MOTION for Extension of Time to File Response/Reply as to #20 Response in Opposition to Motion,, by United States Fire Insurance Company. (Attachments: #1 Exhibit Proposed Order)(Lee, Melissa) |
| Filing 22 PROPOSED CASE MANAGEMENT ORDER filed by United States Fire Insurance Company. (Lee, Melissa) |
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Filing 21
ORDER: Motion #19 GRANTED. Response to #13 due 8/16/2022. Signed by District Judge William L. Campbell, Jr on 8/17/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 20 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction filed by Charles Weldon Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, Jed Holding Company LLC, Penny's Construction LLC. (Attachments: #1 Exhibit A - Declaration of Penny A. Deweese, #2 Exhibit 1 to Ex. A - Voluntary Chapter 11 Petition filed by Charles Deweese Construction, Inc., #3 Exhibit 2 to Ex. A - Notice of Chapter 11 Bankruptcy Case Filed by Charles Deweese Construction, Inc., #4 Exhibit 3 to Ex. A - Motion for Bankruptcy Financing Filed by Charles Deweese Construction, Inc., #5 Exhibit 4 to Ex. A - Order Approving Bankruptcy Financing for Charles Deweese Construction, Inc.)(Zager, Jeffrey) |
| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Preliminary Injunction Unopposed Motion to Extend Response Deadline by Charles Weldon Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, Jed Holding Company LLC, Penny's Construction LLC. (Zager, Jeffrey) |
| TN State Bar status verified as active for Scott C. Williams admitted to this court. (kc) |
| Filing 18 NOTICE of Appearance by Scott C. Williams on behalf of United States Fire Insurance Company (Williams, Scott) |
| TN State Bar status verified as active for Jeffrey A. Zager, Philip N. Elbert admitted to this court. (kc) |
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Filing 17
ORDER: Pending before the Court is a motion to extend the deadline to respond to Plaintiff's Motion for Preliminary Injunction filed by Defendants Drakes Creek Holding Company, LLC, Penny's Construction LLC, Jed Holding Company LLC, Charles Weldon Deweese, and Penny Deweese. #16 . The Court finds good cause to grant the requested extension. Accordingly, the Motion is GRANTED. Defendants shall file a response to the Motion for Preliminary Injunction by August 9, 2022. Signed by District Judge William L. Campbell, Jr on 8/3/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 16 MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Preliminary Injunction by Charles Weldon Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, Jed Holding Company LLC, Penny's Construction LLC. (Zager, Jeffrey) |
| Filing 15 NOTICE of Appearance by Philip N. Elbert on behalf of Charles Weldon Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, Jed Holding Company LLC, Penny's Construction LLC (Elbert, Philip) |
| Filing 14 NOTICE of Appearance by Jeffrey A. Zager on behalf of Charles Weldon Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, Jed Holding Company LLC, Penny's Construction LLC (Zager, Jeffrey) |
| Filing 13 MOTION for Preliminary Injunction by United States Fire Insurance Company. (Attachments: #1 Attachment Memorandum of Law, #2 Attachment Declaration of Melissa Rice)(Lee, Melissa) |
| Filing 12 WAIVER OF SERVICE Returned Executed by United States Fire Insurance Company. Penny Deweese waiver sent on 7/6/2022. (Lee, Melissa) |
| Filing 11 WAIVER OF SERVICE Returned Executed by United States Fire Insurance Company. Charles Weldon Deweese waiver sent on 7/6/2022. (Lee, Melissa) |
| Filing 10 WAIVER OF SERVICE Returned Executed by United States Fire Insurance Company. Penny's Construction LLC waiver sent on 7/6/2022. (Lee, Melissa) |
| Filing 9 WAIVER OF SERVICE Returned Executed by United States Fire Insurance Company. Jed Holding Company LLC waiver sent on 7/6/2022. (Lee, Melissa) |
| Filing 8 WAIVER OF SERVICE Returned Executed by United States Fire Insurance Company. Drakes Creek Holding Company, LLC waiver sent on 7/6/2022. (Lee, Melissa) |
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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 6/30/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 6 Summons issued as to Charles Deweese Construction, Inc., Charles Weldon Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, Jed Holding Company LLC, and Penny's Construction LLC. (Service packet returned to counsel by regular mail.) (kc) Modified on 6/30/2022 (kc). |
| Filing 5 NOTICE of Initial Case Management Conference by Telephone is set for 8/23/2022 at 10:00 AM before Magistrate Judge Jeffery S. Frensley. (kc) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (kc) |
| TN State Bar status verified as active for Melissa J. Lee and Taylor S. Ward admitted to this court. (kc) |
| Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by United States Fire Insurance Company. (kc) |
| Filing 1 COMPLAINT against Charles Deweese Construction, Inc., Charles Weldon Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, Jed Holding Company LLC, and Penny's Construction LLC (Filing fee $402, Receipt number ATNMDC-3620600), filed by United States Fire Insurance Company. (Attachments: #1 Exhibit Indemnity Agreement, #2 Exhibit 6/10/2022 Collateral Demand, #3 Attachment - Civil Cover Sheet)(kc) |
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