Blue et al v. M&J Lodging, LLC et al
Plaintiff: Larry Blue and Sandra Blue
Defendant: Allen Engineering and Science, Inc., M&J Lodging, LLC and Delta Industries, Inc.
Case Number: 2:2019mc00001
Filed: January 22, 2019
Court: US District Court for the Western District of Tennessee
Presiding Judge: Mark S Norris
Referring Judge: Diane K Vescovo
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
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Docket Report

This docket was last retrieved on March 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2019 Filing 32 NOTICE by Larry Blue Letter Motion Regarding Pro Hac Vice Associated Cases: 2:17-cv-02273-MSN-dkv et al.(Zacher, Jules)
March 21, 2019 Filing 31 Minute Entry for proceedings held before Chief Magistrate Judge Diane K. Vescovo: Motion Hearing held on 3/21/2019 on Motion to Quash (DE#1 in 2:19-mc-00001-MSN-dkv) filed by Delta Industries, Inc. and Allen Engineering and Science, Inc. Counsel for the parties present. The Court heard from the parties on the issues raised in the Motion, jurisdiction and information sought from the subpoena. After hearing from the parties the Court will take the matter under advisement and enter a order. (Counsel for Argument: John Howell for Allen Engineering & Delta Industrial. John Willett & Brian Yoakum for M&J Lodging.) (Court Reporter: Polly Wardlaw.) Associated Cases: 2:19-mc-00001-MSN-dkv et al.(cas)
February 25, 2019 Filing 30 Notice of Setting. A Status Conference regarding the Motions referred in the Order of Reference (DE#152 in case 16-2951) has been set for 3/21/2019 at 10:00 AM in Courtroom 5 - Memphis before Chief Magistrate Judge Diane K. Vescovo. Associated Cases: 2:16-cv-02951-MSN-dkv et al. *TEXT NOTICE ONLY - THERE IS NO IMAGE ASSOCIATED WITH THIS NOTICE*(cas)
February 25, 2019 Filing 29 Notice of Setting. A Hearing on (DE#1)_Defendant's Motion to Quash has been set for 3/21/2019 at 10:00 AM in Courtroom 5 - Memphis before Chief Magistrate Judge Diane K. Vescovo. Also, Status Conference on the Motions referred in the Order of Reference (DE#152 in case 17-2273) has been set for 3/21/2019 at 10:00 AM in Courtroom 5 - Memphis before Chief Magistrate Judge Diane K. Vescovo. *TEXT NOTICE ONLY - THERE IS NO IMAGE ASSOCIATED WITH THIS NOTICE*(cas)
February 19, 2019 Filing 28 MOTION for Leave to File Amended Responses to Statement of Facts (proposed order submitted) by Larry Blue, Sandra Blue. (Attachments: #1 Exhibit Amended Responses to Statement of Facts, #2 Exhibit La Quinta Franchise Application)Associated Cases: 2:17-cv-02273-MSN-dkv, 2:19-mc-00001-MSN-dkv(Zacher, Jules)
February 15, 2019 Filing 27 REPLY to Response to Motion re #20 Response in Opposition to Motion, filed by Allen Engineering and Science, Inc., Delta Industries, Inc.. (Attachments: #1 Exhibit A - Emails between Counsel and Shelby County Health Department)(Howell, John)
February 15, 2019 Opinion or Order Filing 26 ORDER OF REFERENCE. Order referring Motion to Quash Subpoena Duces Tecum to the United States Magistrate Judge. Signed by Judge Mark S. Norris on 2/15/19. (Norris, Mark)
February 15, 2019 Opinion or Order Filing 25 ORDER GRANTING #24 MOTION FOR LEAVE TO FILE REPLY MEMORANDUM IN SUPPORT OF MOTION TO QUASH SUBPOENA DUCES TECUM. Signed by Judge Mark S. Norris on 2/15/19. (Norris, Mark)
February 12, 2019 Filing 24 Consent MOTION for Leave to File Reply Memorandum in Support of Motion to Quash Subpoena Duces Tecum (proposed order submitted) by Allen Engineering and Science, Inc., Delta Industries, Inc.. (Howell, John)
February 11, 2019 Filing 23 Joint MOTION for Status Conference by Sheena Jackson. Associated Cases: 2:17-cv-02236-MSN-dkv et al.(Wallis, Edwin)
February 6, 2019 Filing 22 NOTICE of Appearance by John D. Willet on behalf of M&J Lodging, LLC (Willet, John)
February 6, 2019 Filing 21 NOTICE of Appearance by Brian L. Yoakum on behalf of M&J Lodging, LLC (Yoakum, Brian)
February 5, 2019 Filing 20 RESPONSE in Opposition re #1 Delta Industries, Inc.'s and Allen Engineering and Science, Inc.'s Motion to Quash filed by M&J Lodging, LLC. (Attachments: #1 Exhibit - Depo Excerpts of Tyler Zerwekh, #2 Exhibit - Health Dept. Report, #3 Exhibit - Email re Legionella Test Results, #4 Exhibit - Allen Engineering Subpoena, #5 Exhibit - Health Dept. Ltr to John Howell)(Getz, Joseph)
January 28, 2019 MOTIONS REFERRED (101 in 2:17-cv-02558-MSN-dkv, 100 in 2:17-cv-02504-MSN-dkv, 128 in 2:17-cv-02236-MSN-dkv, 87 in 2:17-cv-02680-MSN-dkv, 100 in 2:17-cv-02505-MSN-dkv, 111 in 2:16-cv-02951-MSN-dkv, 111 in 2:17-cv-02273-MSN-dkv) First MOTION to Compel Inspection, (122 in 2:17-cv-02558-MSN-dkv, 137 in 2:17-cv-02273-MSN-dkv, 122 in 2:17-cv-02504-MSN-dkv, 97 in 2:17-cv-02664-MSN-dkv, 121 in 2:17-cv-02505-MSN-dkv, 129 in 2:16-cv-02951-MSN-dkv, 149 in 2:17-cv-02236-MSN-dkv, 108 in 2:17-cv-02680-MSN-dkv) MOTION to Amend/Correct (115 in 2:17-cv-02236-JTF-dkv) Scheduling Order (proposed Order submitted), (125 in 2:16-cv-02951-MSN-dkv, 118 in 2:17-cv-02558-MSN-dkv, 93 in 2:17-cv-02664-MSN-dkv, 145 in 2:17-cv-02236-MSN-dkv, 117 in 2:17-cv-02505-MSN-dkv, 104 in 2:17-cv-02680-MSN-dkv, 118 in 2:17-cv-02504-MSN-dkv, 133 in 2:17-cv-02273-MSN-dkv) First MOTION to Extend Deadline , (111 in 2:17-cv-02504-MSN-dkv, 87 in 2:17-cv-02664-MSN-dkv, 139 in 2:17-cv-02236-MSN-dkv, 111 in 2:17-cv-02505-MSN-dkv, 119 in 2:16-cv-02951-MSN-dkv, 98 in 2:17-cv-02680-MSN-dkv, 112 in 2:17-cv-02558-MSN-dkv, 125 in 2:17-cv-02273-MSN-dkv) First MOTION to Extend Deadline Proposed Order Submitted, (129 in 2:17-cv-02236-MSN-dkv, 112 in 2:16-cv-02951-MSN-dkv, 78 in 2:17-cv-02664-MSN-dkv, 102 in 2:17-cv-02558-MSN-dkv, 101 in 2:17-cv-02504-MSN-dkv, 112 in 2:17-cv-02273-MSN-dkv, 101 in 2:17-cv-02505-MSN-dkv, 88 in 2:17-cv-02680-MSN-dkv) First MOTION to Extend Deadline proposed order submitted, (114 in 2:17-cv-02505-MSN-dkv, 115 in 2:17-cv-02558-MSN-dkv, 90 in 2:17-cv-02664-MSN-dkv, 101 in 2:17-cv-02680-MSN-dkv, 115 in 2:17-cv-02504-MSN-dkv, 142 in 2:17-cv-02236-MSN-dkv, 130 in 2:17-cv-02273-MSN-dkv, 122 in 2:16-cv-02951-MSN-dkv) MOTION for Leave to File Reply to Metro Material's Response in Opposition to M&J Lodging's Motion for Extension of Time to Disclose Additional Opinions of One Expert Witness (proposed Order submitted), (102 in 2:16-cv-02951-MSN-dkv, 91 in 2:17-cv-02505-MSN-dkv, 102 in 2:17-cv-02273-MSN-dkv, 92 in 2:17-cv-02504-MSN-dkv, 69 in 2:17-cv-02664-MSN-dkv) MOTION to Compel Deposition, (115 in 2:16-cv-02951-MSN-dkv) First MOTION Leave to File Reply to Metro Materials, LLC's Opposition to Defendants Motion for an Extension of Time to Disclose Expert Witnesses proposed order submitted Associated Cases: 2:16-cv-02951-MSN-dkv et al.(cbs)
January 28, 2019 Opinion or Order Filing 19 ORDER OF REFERENCE. Signed by Judge Mark S. Norris on 1/28/19. (Norris, Mark)
January 25, 2019 Filing 18 REPLY to Response to Motion re (159 in 2:17-cv-02273-MSN-dkv, 171 in 2:17-cv-02236-MSN-dkv, 127 in 2:17-cv-02680-MSN-dkv, 140 in 2:17-cv-02505-MSN-dkv, 140 in 2:17-cv-02558-MSN-dkv, 140 in 2:17-cv-02504-MSN-dkv) Response in Opposition to Motion,, Response of Metro Materials to La Quinta's Statement of Additional Facts filed by METRO MATERIALS, INC., Metro Materials Inc, Metro Materials Inc.. Associated Cases: 2:17-cv-02273-MSN-dkv et al.(Nicoson, Jeffrey)
January 25, 2019 Filing 17 REPLY to Response to Motion re (159 in 2:17-cv-02273-MSN-dkv, 171 in 2:17-cv-02236-MSN-dkv, 140 in 2:17-cv-02558-MSN-dkv, 140 in 2:17-cv-02504-MSN-dkv, 127 in 2:17-cv-02680-MSN-dkv, 140 in 2:17-cv-02505-MSN-dkv) Response in Opposition to Motion,, Reply to Response of La Quinta to Metro Materials' Motion for Summary Judgment filed by METRO MATERIALS, INC., Metro Materials Inc, Metro Materials Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Associated Cases: 2:17-cv-02273-MSN-dkv et al.(Nicoson, Jeffrey)
January 25, 2019 Filing 16 REPLY to Response to Motion re (138 in 2:17-cv-02558-MSN-dkv, 125 in 2:17-cv-02680-MSN-dkv, 169 in 2:17-cv-02236-MSN-dkv, 157 in 2:17-cv-02273-MSN-dkv, 138 in 2:17-cv-02504-MSN-dkv, 146 in 2:16-cv-02951-MSN-dkv, 114 in 2:17-cv-02664-MSN-dkv, 138 in 2:17-cv-02505-MSN-dkv) Response in Opposition to Motion,, Response of Metro Materials to M&J's Statement of Additional Facts filed by METRO MATERIALS, INC., Metro Materials Inc, Metro Materials Inc.. Associated Cases: 2:17-cv-02273-MSN-dkv et al.(Nicoson, Jeffrey)
January 25, 2019 Filing 15 REPLY to Response to Motion re (113 in 2:17-cv-02664-MSN-dkv, 137 in 2:17-cv-02558-MSN-dkv, 145 in 2:16-cv-02951-MSN-dkv, 124 in 2:17-cv-02680-MSN-dkv, 156 in 2:17-cv-02273-MSN-dkv, 168 in 2:17-cv-02236-MSN-dkv, 137 in 2:17-cv-02505-MSN-dkv, 137 in 2:17-cv-02504-MSN-dkv) Response in Opposition to Motion,,, in Support of Metro Materials' Motion for Summary Judgment filed by METRO MATERIALS, INC., Metro Materials Inc, Metro Materials Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Associated Cases: 2:17-cv-02273-MSN-dkv et al.(Nicoson, Jeffrey)
January 22, 2019 Filing 14 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Administrative track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (csf)
January 22, 2019 Filing 13 Case transferred in from District of Mississippi Southern; Case Number 3:18-mc-00478. Original file certified copy of transfer order and docket sheet received.
January 22, 2019 Opinion or Order Filing 12 ORDER - M&J's motion #5 is denied to the extent it seeks dismissal, but its alternative request to transfer is granted. This miscellaneous civil action seeking to quash a subpoena is transferred to the United States District Court for the Western District of Tennessee, Western Division, to be associated with the following civil action: Blue v. M&J Lodging, LLC d/b/a La Quinta Inn & Suites Airport Graceland, No. 2:17-CV-2273-MSNDKV. M&J's Motion for Status Conference #9 and all other motions #10 and #11 are denied as moot. Signed by Chief District Judge Daniel P. Jordan, III on 1/22/2019 (ND) [Transferred from Mississippi Southern on 1/22/2019.]
January 17, 2019 Filing 11 MOTION for Brian L. Yoakum to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3896401) by M&J Lodging, LLC (Getz, Joseph) [Transferred from Mississippi Southern on 1/22/2019.]
January 17, 2019 Filing 10 MOTION for John D. Willet to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3896386) by M&J Lodging, LLC (Getz, Joseph) [Transferred from Mississippi Southern on 1/22/2019.]
January 11, 2019 Filing 9 MOTION for Status Conference and/or Hearing on Pending Motion Hearing re #5 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Motion to Quash Subpoena Duces Tecum, #6 Memorandum in Support of Motion by M&J Lodging, LLC (Getz, Joseph) [Transferred from Mississippi Southern on 1/22/2019.]
August 6, 2018 Filing 8 MEMORANDUM IN OPPOSITION re #5 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Motion to Quash Subpoena Duces Tecum filed by Allen Engineering and Science, Inc., Delta Industries, Inc. (Howell, John) [Transferred from Mississippi Southern on 1/22/2019.]
August 6, 2018 Filing 7 Response in Opposition re #5 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Motion to Quash Subpoena Duces Tecum by M&J Lodging, LLC (Attachments: #1 Exhibit Subpoena Duces Tecum, #2 Exhibit Case Citation, #3 Exhibit Case Citation, # 4 Exhibit Case Citation, # 5 Exhibit Case Citation, # 6 Exhibit Case Citation, # 7 Exhibit Case Citation, # 8 Exhibit Case Citation, # 9 Exhibit Case Citation, # 10 Exhibit Case Citation, # 11 Exhibit Case Citation, # 12 Exhibit Case Citation, # 13 Exhibit Case Citation, # 14 Exhibit Case Citation, # 15 Exhibit Case Citation, # 16 Exhibit Good Faith Certificate)(Getz, Joseph) filed by Allen Engineering and Science, Inc., Delta Industries, Inc. (Attachments: #1 Exhibit A - Allen Affidavit, #2 Exhibit B - Howell Affidavit, #3 Exhibit C - Privilege Log)(Howell, John) [Transferred from Mississippi Southern on 1/22/2019.]
July 31, 2018 Opinion or Order TEXT-ONLY ORDER granting #4 Motion for Extension of Time to File Response/Reply. M&J Lodging, LLC's duty to respond to the motion to quash #1 is stayed pending ruling by the Court on motion #5 . NO FURTHER WRITTEN ORDER TO ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 7/31/18 (RBM) [Transferred from Mississippi Southern on 1/22/2019.]
July 27, 2018 Filing 6 MEMORANDUM in Support re #5 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Motion to Quash Subpoena Duces Tecum filed by M&J Lodging, LLC (Getz, Joseph) [Transferred from Mississippi Southern on 1/22/2019.]
July 27, 2018 Filing 5 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative to Transfer Motion to Quash Subpoena Duces Tecum by M&J Lodging, LLC (Attachments: #1 Exhibit Subpoena Duces Tecum, #2 Exhibit Case Citation, #3 Exhibit Case Citation, #4 Exhibit Case Citation, #5 Exhibit Case Citation, #6 Exhibit Case Citation, #7 Exhibit Case Citation, #8 Exhibit Case Citation, #9 Exhibit Case Citation, #10 Exhibit Case Citation, #11 Exhibit Case Citation, #12 Exhibit Case Citation, #13 Exhibit Case Citation, #14 Exhibit Case Citation, #15 Exhibit Case Citation, #16 Exhibit Good Faith Certificate)(Getz, Joseph) [Transferred from Mississippi Southern on 1/22/2019.]
July 27, 2018 Filing 4 MOTION for Extension of Time to File Response/Reply as to #1 MOTION to Quash Subpoena Duces Tecum by M&J Lodging, LLC (Attachments: #1 Exhibit)(Getz, Joseph) [Transferred from Mississippi Southern on 1/22/2019.]
July 24, 2018 Filing 3 NOTICE of Service by Allen Engineering and Science, Inc., Delta Industries, Inc. re Order, (Howell, John) [Transferred from Mississippi Southern on 1/22/2019.]
July 24, 2018 Filing 2 NOTICE of Service by Allen Engineering and Science, Inc., Delta Industries, Inc. re #1 MOTION to Quash (Howell, John) [Transferred from Mississippi Southern on 1/22/2019.]
July 24, 2018 Opinion or Order TEXT-ONLY ORDER staying the duty of Allen Engineering and Science, Inc. to respond to the subpoena duces tecum until the Court has ruled on the Motion to Quash #1 . The Court sets a deadline of August 6, 2018, for any party wishing to file a response in opposition to the motion to do so. Allen Engineering will then have seven days from the date of such a response to file a rebuttal. NO FURTHER WRITTEN ORDER TO ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 7/24/18 (RBM) [Transferred from Mississippi Southern on 1/22/2019.]
July 20, 2018 Filing 1 MOTION to Quash Subpoena Duces Tecum filed by Allen Engineering and Science, Inc. and Delta Industries, Inc.. (Attachments: #1 Exhibit A - Affidavit of John Howell, #2 Exhibit B - Subpoena Duces Tecum, #3 Exhibit C - Privilege Log, #4 Exhibit D - Emails, #5 Exhibit E - Affidavit-Good Faith Certificate, #6 Civil Cover Sheet)(ND) [Transferred from Mississippi Southern on 1/22/2019.]
July 20, 2018 Misc. Filing Fee Paid: $ 47.00, receipt number 34643051044. (ND) [Transferred from Mississippi Southern on 1/22/2019.]

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Search for this case: Blue et al v. M&J Lodging, LLC et al
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Defendant: Allen Engineering and Science, Inc.
Represented By: John B. Howell, III
Represented By: James M. Tyrone
Represented By: John Burley Howell, III
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Defendant: M&J Lodging, LLC
Represented By: Joseph T. Getz
Represented By: Brian L. Yoakum
Represented By: John D. Willet
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Defendant: Delta Industries, Inc.
Represented By: John B. Howell, III
Represented By: James M. Tyrone
Represented By: John Burley Howell, III
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Plaintiff: Larry Blue
Represented By: Jules Zacher
Represented By: Stuart Baker Yates
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Plaintiff: Sandra Blue
Represented By: Jules Zacher
Represented By: Stuart Baker Yates
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