Ram Tool & Supply Co., Inc v. Phillip Smith Contracting, Inc. et al
| Ram Tool & Supply Co., Inc |
| Tyson Farms, Inc., Gray Construction, Inc., Phillip T. Smith, Phillip Smith Contracting, Inc. and Industrial Development Board of Gibson County |
| Amanda Brown |
| 1:2021cv01054 |
| April 12, 2021 |
| US District Court for the Western District of Tennessee |
| J Daniel Breen |
| Jon A York |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 16, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 38 CIVIL JUDGMENT. Signed by Judge J. Daniel Breen on 11/16/2021. (ejc) |
| Filing 37 NOTICE by Ram Tool & Supply Co., Inc Notice of Joint Stipulation to Dismissal of Plaintiff's Claims (DeVries, Matthew) |
| Filing 36 MEDIATION CERTIFICATION. (Attachments: #1 Envelope)(skc) |
| Filing 35 NOTICE by Ram Tool & Supply Co., Inc of Service of Ram Tool's Rule 26(a)(1) Initial Disclosures (Johnson, Ross) |
| Filing 34 NOTICE by Gray Construction, Inc. of Service of Rule 26 Initial Disclosures (Van Namen, Kathryn) |
| Filing 33 NOTICE by Tyson Farms, Inc. of Service on Plaintiff of their Initial Disclosures (Wilbon, Clarence) |
| Filing 32 DEFAULT JUDGMENT (re #28 ) as to Cross-Defendant Phillip Smith Contracting, Inc.. Signed by Clerk of Court on 7/19/21. (cdi) |
| Filing 31 SETTING LETTER: Non-Jury Trial set for 9/19/2022 at 9:30 AM in Jackson Courtroom 2 before Judge J. Daniel Breen. Pretrial Conference set for 9/14/2022 at 9:00 AM in Jackson Courtroom 2 before Judge J. Daniel Breen. Proposed Joint Pretrial Order, Proposed Findings of Fact and Conclusions of Law, and Legal Memoranda, if any, due by 9/7/2022. (ejc) |
Filing 30
SCHEDULING ORDER: ADR deadline is 10/6/2021. Amended Pleadings due by 9/13/2021. Discovery due by 2/13/2022. Joinder of Parties due by 9/13/2021. Motions due by 4/28/2022.. Signed by Magistrate Judge Jon A. York on 07/14/2021. (ars)
|
| Filing 29 Minute Entry for proceedings held before Magistrate Judge Jon A. York: Telephonic Scheduling Conference held on 7/14/2021. Present were attys DeVries, Johnson, Van Namen, and Wilbon. Order to be entered. (Court Reporter AT&T.) (ars) |
| Filing 28 MOTION for Default Judgment on Cross-Claims Against Phillip Smith Contracting, Inc. by Gray Construction, Inc.. (Attachments: #1 Exhibit Ex. A - Declaration of Ryan Deely, #2 Exhibit Ex. B - Declaration of Michael I. Less)(Freeman, Hannah Kay) |
| Filing 27 DEFAULT JUDGMENT (re #26 ) as to Defendants Phillip Smith Contracting, Inc. and Phillip T. Smith. Signed by Clerk of Court on 7/13/21. (cdi) |
| Filing 26 MOTION for Default Judgment Against Defendants Phillip Smith Contracting, Inc. and Phillip T. Smith by Ram Tool & Supply Co., Inc. (Attachments: #1 Exhibit Ex. 1 - Declaration of Mark Woolnough, #2 Memorandum Memo of Law in Support of Motion, #3 Certificate of Consultation Certificate of Consultation)(Johnson, Ross) |
| Filing 25 RESPONSE TO ORDER TO SHOW CAUSE by Ram Tool & Supply Co., Inc. (Johnson, Ross) |
| Filing 24 RESPONSE TO ORDER TO SHOW CAUSE by Gray Construction, Inc.. (Freeman, Hannah Kay) |
|
Filing 23
ORDER TO SHOW CAUSE WHY CROSS-CLAIMANTS CLAIMS AGAINST CROSS-DEFENDANT SHOULD NOT BE DISMISSED. Signed by Judge J. Daniel Breen on 7/1/21. (skc)
|
|
Filing 22
ORDER TO SHOW CAUSE WHY PLAINTIFF'S CLAIMS AGAINST DEFENDANTS PHILLIP SMITH CONTRACTING, INC., AND PHILLIP T. SMITH SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Signed by Judge J. Daniel Breen on 7/1/21. (skc)
|
| Filing 21 REPORT of Rule 26(f) Planning Meeting . (DeVries, Matthew) |
| Filing 20 NOTICE of Appearance by Hannah Kay Hunt Freeman on behalf of Gray Construction, Inc. (Freeman, Hannah Kay) |
| Filing 19 SETTING LETTER:TELEPHONIC Scheduling Conference set for Wednesday, July 14, 2021, 10:00 AM CT before Magistrate Judge Jon A. York. Please email the proposed joint scheduling order in the original Word format to ECF_Judge_York@tnwd.uscourts.gov one week prior to the scheduling conference. Parties shall dial into our telephonic conference service at: (877) 411-9748. The Access Code is 828 9188. If you are unable to appear at this time, or if you need to make alternative arrangements, please contact the Judge's Case Manager at 731-421-9275 so we may reschedule. Please agree on a date and time with the opposing counsel before calling to facilitate the new date. ** REMINDER: FRCP 26(f) requires a 26(f) meeting to be held at least 21 days before a scheduling conference and the Rule 26(f) report to be filed with the court at least fourteen days before the scheduling conference. This case has been assigned to the Standard track. Please use the Standard Track Rule 16(b) Scheduling Order at # http://www.tnwd.uscourts.gov/pdf/content/LR162_Standard.docCounsel should review the Court's new ADR plan, file a Stipulation, and be prepared to report the name of a mediator to the Court during the Scheduling Conference. If the parties cannot agree upon a mediator one will be appointed by the Court after the scheduling conference.PLEASE NOTE: All attorneys who wish to participate in the Scheduling Conference MUST have filed a Notice of Appearance with the Court PRIOR to the date of the Conference and have full knowledge of the case. Note: Text only (ars) |
| Filing 18 CLERK'S ENTRY OF DEFAULT AS TO DEFENDANTS, PHILLIP SMITH CONTRACTING, INC. (PSC) AND PHILLIP T. SMITH. Signed on 6/9/2021. (mbm) |
| Filing 17 MOTION for Entry of Default Against Phillip Smith Contracting, Inc. and Phillip T. Smith by Ram Tool & Supply Co., Inc. (Attachments: #1 Exhibit Exhibit A-Phillip Smith Contracting-Return of Service, #2 Exhibit Ex. B - Phillip Smith - Affidavit of Service, #3 Certificate of Consultation Certificate of Consultation)(Johnson, Ross) |
| Filing 16 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #14 MOTION for Default Judgment Against Defendants Phillip Smith Contracting, Inc. and Phillip T. Smith filed by Ram Tool & Supply Co., Inc has been filed. However, the following deficiency has been found: Your Motion states that it is a Motion for Clerk's Entry of Default however the motion for default judgment event was selected to file your Motion. The correct motion event to use for the request in your document is MOTION&ENTRY OF DEFAULT. Your Motion is being terminated and you should refile your pleading and exhibits using the correct motion event. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (cdi) |
| Filing 15 Clerk's ENTRY OF DEFAULT as to Cross-Defendant, Phillip Smith Contracting, Inc.. (cdi) |
| Filing 14 MOTION for Default Judgment Against Defendants Phillip Smith Contracting, Inc. and Phillip T. Smith by Ram Tool & Supply Co., Inc. (Attachments: #1 Exhibit Ex A-Phillip Smith Contracting Inc. Return of Service, #2 Exhibit Ex. B-Phillip Smith - Affidavit of Service, #3 Certificate of Consultation Certificate of Consultation)(Johnson, Ross) |
| Filing 13 NOTICE by Ram Tool & Supply Co., Inc Notice of Voluntary Dismissal of All Claims Against Defendant Industrial Board of Gibson County Without Prejudice (Johnson, Ross) |
| Filing 12 Certificate of of Consultation by Gray Construction, Inc.. (Van Namen, Kathryn) |
| Filing 11 MOTION for Entry of Default by Gray Construction, Inc.. (Attachments: #1 Exhibit A - Declaration of Tina Schubert)(Van Namen, Kathryn) |
| Filing 10 NOTICE of Appearance by Rocklan William King on behalf of Tyson Farms, Inc. (King, Rocklan) |
| Filing 9 Tyson Farms, Inc's ANSWER to Complaint by Tyson Farms, Inc..(Wilbon, Clarence) |
| Filing 8 NOTICE of Appearance by Kathryn K. Van Namen on behalf of Gray Construction, Inc. (Van Namen, Kathryn) |
| Filing 7 Gray Construction, Inc.'s ANSWER to Complaint of Ram Tool & Supply Co., Inc., CROSSCLAIM against Phillip Smith Contracting, Inc. by Gray Construction, Inc.. (Attachments: #1 Exhibit A to Answer to Complaint and Cross-Claim of Gray Construction, Inc., #2 Exhibit B to Answer to Complaint and Cross-Claim of Gray Construction, Inc.)(Less, Michael) |
| Filing 6 E-mail sent to Atty Matthew Devries advising that his case was removed and that he needed to update his contact information. (skc) |
| Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (skc) |
| Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (skc) |
| Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (skc) |
| Filing 2 Judge J. Daniel Breen and Magistrate Judge Jon A. York added. (skc) |
| Filing 1 NOTICE OF REMOVAL by Tyson Farms, Inc. from Gibson County Chancery Court, case number H6369 (Filing fee $ 402 receipt number ATNWDC-3585599), filed by Tyson Farms, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A - Gibson County Complaint)(Wilbon, Clarence) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Tennessee Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
