Clayborn v. Liberty Insurance Corporation
| Gerald Clayborn |
| Liberty Insurance Corporation |
| Temiika Gipson |
| 2:2021cv02115 |
| February 26, 2021 |
| US District Court for the Western District of Tennessee |
| Sheryl H Lipman |
| Jon A York |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 7, 2022. A more recent docket listing may be available from PACER.
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| Filing 39 RESPONSE in Opposition re #31 MOTION for Summary Judgment Memorandum of Law filed by Gerald Clayborn. (Attachments: #1 Exhibit A - Certified Policy, #2 Exhibit B - Memphis FD Report, #3 Exhibit C - Clayborn Denial, #4 Exhibit D - Clayborn Final Divorce Decree, #5 Exhibit E - 2019.12.05 MPD Police Report re Vandalism, #6 Exhibit F - 2019.12.11 MPD Police Report re Vandalism, #7 Exhibit G - MPD Report re Fire, #8 Exhibit H - 2017.05.31 Deed for 2663 Midland, #9 Exhibit I - 2021.03.01 Transfer of Deed to Gerald, #10 Exhibit J - 2021.01.04 LM ROR Ltr to Clayborn re Fire no 2, #11 Exhibit K - JP Ray Report, #12 Exhibit L - Berbaum Jury Instructions, #13 Exhibit M - United Roller Works Jury Instructions, #14 Exhibit N - Jennifer Clayborn Depo, #15 Exhibit O - Gerald Clayborn Depo, #16 Exhibit P - 2020.09.28 EUO Gerald Clayborn, #17 Exhibit Q - Gerald Clayborn Declaration, #18 Exhibit R - T Mobile Release to LM, #19 Exhibit S - Defendant Expert Witness Disclosures, #20 Exhibit T - Gwynn Depo, #21 Exhibit U - Cooper Depo, #22 Exhibit V - Liberty Mutual Corp Rep Depo, #23 Exhibit W - Bard Depo, #24 Exhibit X - Dotson Depo, #25 Exhibit Y - Morrill Depo and Exhibit)(Fisher, Alexandria) |
| Filing 38 RESPONSE in Opposition re #31 MOTION for Summary Judgment filed by Gerald Clayborn. (Attachments: #1 Exhibit Clayborn Statement of Additional Fact, #2 Exhibit Response to LM's Statement of Undisputed Fact)(Fisher, Alexandria) |
| Filing 37 MOTION for Leave to File Excess Pages Proposed Order Submitted by Gerald Clayborn. (Fisher, Alexandria) |
Filing 36
ORDER granting #35 Motion for Extension of Time. Signed by Judge Sheryl H. Lipman on 3/28/2022. (shl)
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| Filing 35 MOTION for Extension of Time to File Response/Reply as to #31 MOTION for Summary Judgment Proposed Order Submitted by Gerald Clayborn. (Fisher, Alexandria) |
| Filing 34 NOTICE by Liberty Insurance Corporation Notice of Substitution of Counsel (Neal, Brian) |
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Filing 33
ORDER granting #30 Motion for Leave to File Excess Pages. Signed by Judge Sheryl H. Lipman on 3/15/2022. (shl)
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| Filing 32 ATTACHMENT Statement of Undisputed Material Facts in Support of LIC's Motion for Summary Judgment to #31 MOTION for Summary Judgment by Liberty Insurance Corporation.. (Neal, Brian) |
| Filing 31 MOTION for Summary Judgment by Liberty Insurance Corporation. (Attachments: #1 Exhibit Ex. 1 - Declaration of Robyn L. Famiglietti, #2 Exhibit Ex. 2 - Gerald Clayborn depo excerpts, #3 Exhibit Ex. 3 - Jennifer Clayborn depo excerpts, #4 Exhibit Ex. 4 - Gerald Clayborn 7-13-21 EUO excerpts, #5 Exhibit Ex. 5 - Christopher Cooper depo excerpts, #6 Exhibit Ex. 6 - J.P. Ray depo excerpts, #7 Exhibit Ex. 7 - Laurel Mason depo excerpts, #8 Exhibit Ex. 8 - Glenn Bard depo excerpts, #9 Exhibit Ex. 9 - Gerald Clayborn 9-28-20 EUO excerpts, #10 Exhibit Ex. 10 - Frederick Lewis Gwynn depo excerpts, #11 Exhibit Ex. 11 - Filings from First Divorce Action, #12 Exhibit Ex. 12 - Filings from Second Divorce Action, #13 Memorandum Memo of Law in Support of Motion for Summary Judgment)(Neal, Brian) |
| Filing 30 MOTION for Leave to File Excess Pages Proposed Order Submitted by Liberty Insurance Corporation. (Neal, Brian) |
| Filing 29 RESPONSE in Opposition re #24 MOTION Exclude Jeffery Morrill as Expert Witness Proposed Order Submitted filed by Gerald Clayborn. (Attachments: #1 Memorandum Memorandum of Law in Response to Exclude Morrill, #2 Exhibit A - Clayborn Expert Disclosures, #3 Exhibit B - Morrill Depo Transcript, #4 Exhibit C - Bard Depo Transcript)(Fisher, Alexandria) |
| Filing 28 ANSWER to #25 Amended Complaint, by Liberty Insurance Corporation.(Neal, Brian) |
| Filing 27 RESPONSE in Opposition re #23 MOTION Exclude Michael R. Ward as Expert Witness Proposed Order Submitted filed by Gerald Clayborn. (Attachments: #1 Memorandum Memorandum of Law in Response to Exclude Ward, #2 Exhibit A - Ward Deposition, #3 Exhibit B - Notice of Depo and Subpoena, #4 Exhibit C - Response to Subpoena, #5 Exhibit D - Dec 22, 2020 Fire Report, #6 Exhibit E - Excerpt of LM Claim File Notes)(Fisher, Alexandria) |
| Filing 26 Certificate of Consultation by Liberty Insurance Corporation. (Neal, Brian) |
| Filing 25 AMENDED COMPLAINT FIRST against Liberty Insurance Corporation, filed by Gerald Clayborn. (Attachments: #1 Exhibit A - Clayborn Certified Policy, #2 Exhibit B - Denial, #3 Exhibit C - Exhibit C to Amended Complaint)(Fisher, Alexandria) |
| Filing 24 MOTION Exclude Jeffery Morrill as Expert Witness by Liberty Insurance Corporation. (Attachments: #1 Memorandum Memo in Support of Motion to Exclude Jeffery Morrill, #2 Exhibit Ex. 1 - Jeffery Morrill expert report, #3 Exhibit Ex. 2 - Jeffery Morrill depo excerpts, #4 Exhibit Ex. 3 - J.P. Ray expert report, #5 Exhibit Ex. 4 - PATCTech reports, #6 Exhibit Ex. 5 - Analytical Forensic Associates expert report, #7 Exhibit Ex. 6 - Memphis Fire Dept. report, #8 Exhibit Ex. 7 - Frederick Gwynn depo excerpts)(Neal, Brian) |
| Filing 23 MOTION Exclude Michael R. Ward as Expert Witness by Liberty Insurance Corporation. (Attachments: #1 Memorandum Memo in Support of Motion to Exclude Michael Ward, #2 Exhibit Ex. 1 - Second Fire Complaint, #3 Exhibit Ex. 2 - Michael Ward expert report, #4 Exhibit Ex. 3 - Michael Ward depo excerpts, #5 Exhibit Ex. 4 - J.P. Ray depo excerpts)(Neal, Brian) |
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Filing 22
ORDER granting #20 Motion to Amend/Correct; granting in part #21 Motion to Amend/Correct. Signed by Judge Sheryl H. Lipman on 212115. (shl)
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| Filing 21 MOTION to Amend/Correct #12 Scheduling Order to Extend Dispositive Motion Deadline by an Additional 30 Days (Proposed Order Submitted) by Liberty Insurance Corporation. (Neal, Brian) |
| Filing 20 MOTION to Amend/Correct Complaint by Gerald Clayborn. (Attachments: #1 Exhibit A - Clayborn First Amended Complaint & Exhibits, #2 Exhibit Proposed Order Granting Motion for Leave to Amend)(Fisher, Alexandria) |
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Filing 19
ORDER granting #18 Motion for Extension of Time to Complete Discovery. Signed by Judge Sheryl H. Lipman on 1/27/2022. (shl)
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| Filing 18 Joint MOTION for Extension of Time to Complete Discovery Proposed Order Submitted by Gerald Clayborn. (Fisher, Alexandria) |
| Filing 17 RESPONSE in Opposition re #16 MOTION to Exclude Plaintiff's Expert Witness Report and Proposed Testimony of Michael R. Ward filed by Gerald Clayborn. (Attachments: #1 Memorandum in Support of Opposition to Defendant's Motion to Exclude, #2 Exhibit 1 - Scheduling Hearing Transcript, #3 Exhibit 2 - 12-6-2021 Disclosure of Michael Ward, #4 Exhibit 3 - Affidavit of Alex Fisher, #5 Exhibit 4 - First Amended Complaint, #6 Exhibit 5 - LM Claim Notes, #7 Exhibit 6 - Defendant's Supplemental Expert Disclosure)(Fisher, Alexandria) |
| Filing 16 MOTION to Exclude Plaintiff's Expert Witness Report and Proposed Testimony of Michael R. Ward by Liberty Insurance Corporation. (Attachments: #1 Exhibit Ex. 1-Michael Ward expert report, #2 Exhibit Ex. 2-Estimate, #3 Exhibit Ex. 3-Plaintiff's Initial Disclosures, #4 Memorandum Memorandum of Law in Support of Motion)(Neal, Brian) |
| Filing 15 MEDIATION CERTIFICATION (Gresham, Darryl) |
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Filing 14
ORDER GRANTING JOINT MOTION TO EXTEND DEADLINE FOR ADR. Signed by Judge Sheryl H. Lipman on 06/04/2021. (shl)
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| Filing 13 Joint MOTION to Extend Deadline for ADR - proposed order submitted by Gerald Clayborn. (Fisher, Alexandria) |
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Filing 12
SCHEDULING ORDER. Signed by Judge Sheryl H. Lipman on 4/8/21. (Lipman, Sheryl)
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| Filing 11 NOTICE SETTING TRIAL WITH PRETRIAL PROCEDURES: ury Trial set for Monday, June 27, 2022 at 9:30 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. Trial is estimated to last 3 days. Joint Proposed Pretrial Order due by Friday, June 10, 2022. Pretrial Conference set for Friday, June 17, 2022 at 11:00 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. (smm) |
| Filing 10 Minute Entry for proceedings held before Judge Sheryl H. Lipman: A Scheduling Conference was held via Microsoft Teams Video Conferencing on 4/8/2021. Alexandria Fisher appeared for the plaintiff(s). Brian C. Neal appeared for the defendant(s). The court discussed the dates and deadlines with the parties. Jury Trial set for Monday, June 27, 2022 at 9:30 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. Trial is estimated to last 3 days. Joint Proposed Pretrial Order due by Friday, June 10, 2022. Pretrial Conference set for Friday, June 17, 2022 at 11:00 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. Scheduling Order to be entered. (Court Reporter: Karla Seely, with Alpha Court Reporting) (smm) |
| Filing 9 REPORT of Rule 26(f) Planning Meeting . (Neal, Brian) |
| Filing 8 ANSWER to Complaint by Liberty Insurance Corporation.(Neal, Brian) |
| Filing 7 SETTING LETTER: A Scheduling Conference has been set for Thursday, April 8, 2021 at 1:00 PM via Microsoft Teams Video Conference before Judge Sheryl H. Lipman. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts.gov for any questions. (smm) |
| Filing 6 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 (jae) |
| Filing 5 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 (jae) |
| Filing 4 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 (jae) |
| Filing 3 Judge Sheryl H. Lipman and Magistrate Judge Jon A. York added. (jae) |
| Filing 2 Corporate Disclosure Statement by Liberty Insurance Corporation identifying Corporate Parent Liberty Mutual Insurance Company for Liberty Insurance Corporation.. (Neal, Brian) |
| Filing 1 NOTICE OF REMOVAL by Liberty Insurance Corporation from Shelby County Circuit Court, case number CT-0393-21 (Filing fee $ 402 receipt number BTNWDC-3554543), filed by Liberty Insurance Corporation. (Attachments: #1 Exhibit Exhibit 1 - State Court pleadings, #2 Civil Cover Sheet Civil Cover Sheet)(Neal, Brian) |
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