Fleetwood Financial, v. Memphis Orthopaedic Group, P.C.
| Fleetwood Financial, |
| Jimmy Moore |
| Memphis Orthopaedic Group, P.C. |
| Dictaphone Corporation |
| 2:2007cv02307 |
| May 3, 2007 |
| US District Court for the Western District of Tennessee |
| Memphis Office |
| Shelby |
| S Thomas Anderson |
| Diane K Vescovo |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 51
JUDGMENT In accordance with the Consent Order Of Dismissal With Prejudice entered on 8/5/2008, this cause is hereby dismissed with prejudice. Signed by Judge S. Thomas Anderson on 8/6/2008. (Anderson, S.)
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Filing 50
ORDER DISMISSING CASE. Signed by Judge S. Thomas Anderson on 8/5/2008. (Anderson, S.)
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Filing 49
ORDER REASSIGNING CASE. Case reassigned to Judge S. Thomas Anderson for all further proceedings. Judge J. Daniel Breen no longer assigned to case. Signed by Judge J. Daniel Breen on 5/21/08. (jae, )
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| Filing 48 SETTING LETTER: Evidentiary Hearing set for 6/27/2008 10:00 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. (Vescovo, Diane) |
| Filing 47 Minute Entry for proceedings held before Magistrate Judge Diane K. Vescovo: TelephoneStatus Conference held on 5/13/2008. Mr. Pera was present for the plaintiff and Mr. Jeter was present for the defendant. This hearing was held to determine the need for an evidentiary hearing. No agreement has been reached on the claim for damages. The Court suggested mediation to the parties. The supplemental filings raised new issues regarding payments. The amount is disputed. An Evidentiary Hearing has been set for 6/26/2008 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. Court adjourned. (Tape #FTR.) (bag, ) |
| Filing 46 NOTICE by Memphis Orthopaedic Group, P.C. re #34 Notice (Other), Notice (Other), #40 Notice (Other), Notice (Other) (Jeter, William) |
| Filing 45 REPLY to Response to Motion re #41 MOTION for Extension of Time to File Response/Reply Proposed Order Submitted filed by Memphis Orthopaedic Group, P.C.. (Jeter, William) |
| Filing 44 SETTING LETTER: TIME CHANGE ONLY -- Telephone Status Conference set for 5/13/2008 03:00 PM before Magistrate Judge Diane K. Vescovo. The court will place the call.(crk) |
| Filing 43 SETTING LETTER: Telephonic Status Conference reset from 5/6/2008 to 5/13/2008 10:00 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. (crk) |
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Filing 42
ORDER Granting #41 Motion for Extension of Time to Respond to Plaintiff's Supplemental Affidavit; Responses due by 5/7/2008. Signed by Judge J. Daniel Breen on 5/1/08. (Breen, J.)
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| Filing 41 MOTION for Extension of Time to File Response/Reply Proposed Order Submitted by Memphis Orthopaedic Group, P.C.. (Attachments: #1 Memorandum, #2 Certificate of Consultation)(Jeter, William) |
| Filing 40 NOTICE by Fleetwood Financial, re 38 Setting Letter, of Filing of Supplemental Affidavit of Joesph O'Sullivan as to Damages (Attachments: #1 Exhibit 1 Supplemental Affidavit of Jospeh O'Sullivan as to Damages, #2 Exhibit A to Supplemental Affidavit of Joseph O'Sullivan as to Damages, #3 Exhibit B to Supplemental Affidavit of Joseph O'Sullivan as to Damages)(Taube, Emily) |
| Filing 39 Notice of Correction to #34 Notice (Other), Notice (Other) Eratta to Affidavit of Lucian T. Pera. (Attachments: #1 Errata Revised Affidavit of Lucian T. Pera)(Taube, Emily) |
| Filing 38 SETTING LETTER: Telephone Status Conference set for 5/6/2008 09:30 AM with Magistrate Judge Diane K. Vescovo. The court will place the call to counsel. Plaintiff's supplemental brief and affidavit is due Friday, April 4, 2008. Defendant's supplemental response brief is due Wednesday, April 30, 2008.(Vescovo, Diane) |
| Filing 37 NOTICE by Memphis Orthopaedic Group, P.C. (Jeter, William) Modified on 3/5/2008 (ehg, ). re #34 |
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Filing 36
ORDER granting #35 Motion for Extension of Time to File Response. Response due by 3/4/2008. Signed by Magistrate Judge Diane K. Vescovo on 3/3/08. (Vescovo, Diane)
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| Filing 35 First MOTION for Extension of Time to File Response/Reply Proposed Order Submitted by Memphis Orthopaedic Group, P.C.. (Attachments: #1 Memorandum, #2 Certificate of Consultation)(Jeter, William) |
| Filing 34 NOTICE by Fleetwood Financial, of filing of Plaintiff's Brief in Support of Its Claim for Damages (Attachments: #1 Exhibit A, Master Lease Agreement and Schedule Nos. 5 & 6, #2 Exhibit B, Affidavit of Lucian T. Pera, #3 Exhibit C, Affidavit of Joe O'Sullivan)(Taube, Emily) |
| Filing 33 Minute Entry for proceedings held before Magistrate Judge Diane K. Vescovo: Status Conference held on 1/31/2008. Judge Breen granted the pla's motion for summary judgment on 1/7/08 and referred this matter to this Court for damages. Mr. Pera informed the Court that the motion was granted on liability. Mr. Jeter stated that the numbers submitted in the affidavit does not add up. The equipment is in the hands of the dft and pla feels entitled to residual value of equipment. The Court suggested a briefing schedule proceeded by another status conference. Mr. Pera to file an affidavit and supporting memorandum by 2/15/08; Mr. Jeter to file a response to the affidavit by 2/29/08; Another Status Conference (by telephone) set for 3/10/2008 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. (The Court will initiate the call). Pla Atty: L. Pera; Dft Atty: Wm. Jeter; (Court Reporter Amy McCullough.) (bag, ) |
| Filing 32 SETTING LETTER: Status Conference set for 1/31/2008 10:00 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. Deadlines for briefs will be discussed at the status conference, and plaintiff's brief will not be due 1/31/2008.(crk) |
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Filing 31
ORDER Denying as Moot #27 Motion to Allow Plaintiff to Take Deposition of Defendant Outside Current Discovery Deadline. Signed by Judge J. Daniel Breen on 1/16/08. (Breen, J.)
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| Filing 30 SETTING LETTER: Hearing on Damages set for 2/26/2007 10:00 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. BRIEFING SCHEDULE: Plaintiff's brief is due 15 days from the date of this notice. Defendant's brief is due 15 days after plaintiff's brief is filed. (crk) |
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Filing 29
CONSENT ORDER Dismissing Third-Party Claim with Prejudice. Signed by Judge J. Daniel Breen on 1/15/08. (Breen, J.)
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Filing 28
ORDER granting #4 Motion for Summary Judgment and referring issue of damages to the Magistrate Judge for a report and recommendation. Signed by Judge J. Daniel Breen on 1/7/2008. (Breen, J.)
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| Filing 27 MOTION to Extend Deadline for Taking Rule 30(b)(6) Deposition of Defendant Proposed Order Submitted by Fleetwood Financial,. (Attachments: #1 Certificate of Consultation)(Taube, Emily) |
| Filing 26 First MOTION to Compel Discovery Responses (Proposed Order Submitted) by Dictaphone Corporation. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Certificate of Consultation to Motion to Compel)(Lewis, George) |
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Filing 25
ORDER Granting #24 Motion to Quash Notice to Take Deposition. Signed by Judge J. Daniel Breen on 10/29/07. (Breen, J.)
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| Filing 24 First MOTION to Quash proposed order submitted by Memphis Orthopaedic Group, P.C.. (Attachments: #1)(Jeter, William) |
| Filing 23 REPLY to Response to Motion re #4 MOTION for Summary Judgment filed by Fleetwood Financial,. (Attachments: #1 Exhibit A Schedule Receipts#2 Exhibit B Equipment Verification Sheets#3 Exhibit C Supplemental O'Sullivan Affidavit#4 Exhibit D Spreadsheets#5 Exhibit E Dabner Case)(Taube, Emily) |
| Filing 22 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #19 MOTION for Leave to File Reply Brief in Support of Fleetwood Financial's Motion for Summary Judgment Proposed Order Submitted filed by Fleetwood Financial, has been filed. For future reference, please note Proposed documents/orders are not electronically filed. The documents are e-mailed to the Judge. Please refer to the ECF Attorney User Manual @ page 13, and the ECF Policies & Procedures Manual @ page 12. Any questions, please call the HelpDesk. Filer is not required to resubmit document. (ehg, ) |
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Filing 21
ORDER Granting #19 Plaintiff's Motion for Leave to File a Reply. Signed by Judge J. Daniel Breen on 10/18/07. (Breen, J.)
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| Filing 20 Notice of Correction to #18 Notice (Other). (Jeter, William) |
| Filing 19 MOTION for Leave to File Reply Brief in Support of Fleetwood Financial's Motion for Summary Judgment Proposed Order Submitted by Fleetwood Financial,. (Attachments: #1 Exhibit One Reply Brief#2 Certificate of Consultation)(Taube, Emily) |
| Filing 18 NOTICE by Memphis Orthopaedic Group, P.C. of Service of Response to Request for Admissions (Jeter, William) |
| Filing 17 NOTICE of Appearance by Emily Campbell Taube on behalf of Fleetwood Financial, (Taube, Emily) |
| Filing 16 RESPONSE to Motion re #4 MOTION for Summary Judgment filed by Memphis Orthopaedic Group, P.C.. (Attachments: #1 #2 Affidavit)(Jeter, William) |
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Filing 15
ORDER Granting #14 Motion for Extension of Time to File Response re #4 MOTION for Summary Judgment; Responses due by 9/3/2007. Signed by Judge J. Daniel Breen on 8/14/07. (Breen, J.)
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| Filing 14 Second MOTION for Extension of Time to File Response/Reply proposed order submitted by Memphis Orthopaedic Group, P.C.. (Attachments: #1 #2 Certificate of Consultation #3 Affidavit)(Jeter, William) |
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Filing 13
ORDER denying without prejudice #12 Motion for Extension of Time to File Response for failure to comply with local rule. Signed by Judge J. Daniel Breen on 8/14/2007. (Breen, J.)
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| Filing 12 Second MOTION for Extension of Time to File Response/Reply proposed order submitted by Memphis Orthopaedic Group, P.C.. (Attachments: #1 Memorandum #2 Affidavit #3)(Jeter, William) |
| Filing 11 CERTIFICATE OF SERVICE by Dictaphone Corporation (Lewis, George) |
| Filing 10 Re-SETTING LETTER: Pretrial Conference re-set for 8/4/2008 09:00 AM in Courtroom 1 - Memphis before Judge J. Daniel Breen. Proposed Joint Pretrial Order due 7/28/2008.(tpe, ) |
| Filing 9 SETTING LETTER: Jury Trial set for 8/18/2008 09:30 AM in Courtroom 1 - Memphis before Judge J. Daniel Breen. Pretrial Conference set for 8/11/2008 09:00 AM in Courtroom 1 - Memphis before Judge J. Daniel Breen. Proposed Joint Pretrial Order due 8/4/2008.(tpe, ) |
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Filing 8
SCHEDULING ORDER -- Entry of this order cancels the scheduling conference set 6/28/2007. Signed by Magistrate Judge Diane K. Vescovo on 6/20/2007. (Vescovo, Diane)
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Filing 7
ORDER Granting #6 Motion for Extension of Time to File Response re #4 MOTION for Summary Judgment . Signed by Judge J. Daniel Breen on 6/15/07. (Breen, J.)
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| Filing 6 MOTION for Extension of Time to File Response/Reply Proposed Order Submitted by Memphis Orthopaedic Group, P.C.. (Attachments: #1 Certificate of Consultation)(Jeter, William) |
| Filing 5 SETTING LETTER: Scheduling Conference set for 6/28/2007 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. Please email the proposed joint scheduling order to ECF_Judge_Vescovo@tnwd.uscourts.gov by Monday, June 25, 2007. If the order is approved and filed, the conference will be canceled.Please see Judge Vescovo's Rule 16(b) instructions and new form order at www.tnwd.uscourts.gov/judgevescovo.(crk) |
| Filing 4 MOTION for Summary Judgment by Fleetwood Financial,. (Attachments: #1 Memorandum #2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D)(Moore, Lisa) |
| Filing 3 Case initiation fee of $350.00 received, receipt number M107396 (cas) |
| Filing 2 ANSWER to Complaint Answer of Third-Party Defendant Dictaphone Corporation to the Third-Party Complaint by Dictaphone Corporation.(Lewis, George) |
| Filing 1 NOTICE OF REMOVAL by Dictaphone Corporation, from Circuit Court of Shelby County, Tennessee, case number CT-000898-07. ( Filing fee $ 350), filed by Dictaphone Corporation. (Attachments: #1 Civil Cover Sheet #2 Circuit Court Complaint#3 Judge's Assignment Card)(vjm, ) |
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