Domaratzki v. Butler
| Nicholas J Domaratzki |
| William M Butler, II |
| Allstate Property and Casualty Insurance Company |
| 2:2021cv02206 |
| April 6, 2021 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Jon Phipps McCalla |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Both |
Docket Report
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This docket was last retrieved on April 29, 2022. A more recent docket listing may be available from PACER.
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| Filing 59 JUDGMENT. Signed by Judge Jon Phipps McCalla on 4/29/2022. (rcl) |
Filing 58
ORDER OF DISMISSAL. Signed by Judge Jon Phipps McCalla on 4/29/2022. (rcl)
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| Filing 57 STIPULATION of Dismissal proposed order submitted by William M Butler, II. (Carson, Dawn) |
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Filing 56
*TEXT ORDER*: On April 6, 2022, the Court received email notice from Plaintiff's counsel that the case had "settled moments ago." The Parties were required to promptly file a Notice of Settlement pursuant to LR 83.13(a) but did not do so. The Court construes the email notice as having initiated the window of time to file a Stipulation of Dismissal. Therefore, Pursuant to LR 83.13(b), the Parties shall file a Stipulation of Dismissal by Wednesday, May 4, 2022.. Signed by Judge Jon Phipps McCalla on 4/29/2022. (rcl)
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| Filing 55 NOTICE by Nicholas J Domaratzki re #54 Deposition, Notice of Filing Deposition Transcript of Dr. Daniel Fletcher (Morris, Parke) |
| Filing 54 DEPOSITION of Dr. Daniel Fletcher taken on November 9, 2021 by Nicholas J Domaratzki. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Morris, Parke) |
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Filing 53
PRE-TRIAL ORDER. Signed by Judge Jon Phipps McCalla on 4/1/2022. (rcl)
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| Filing 52 NOTICE of Appearance by John A. Irvine, Jr on behalf of Nicholas J Domaratzki (Irvine, John) |
| Filing 51 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Pretrial Conference held on 4/1/2022. Parke Morris appeared for the plaintiff. Dawn Carson Davis appeared for William H. Butler, II and Halle Priester appeared All State P & C. There are no pending motions to resolve. The court reviewed voir dire procedures, proposed pretrial order, and trial schedule. The trial remains set for Monday, April 11, 2022 at 9:00 AM before Judge Jon Phipps McCalla in a courtroom to be determined. *Trial is expected to take 2 days. Parties will be notified by April 7, 2022 as to reset and/or courtroom assignment. (Court Reporter: Tina Gibson) (jrs) *Modified on 4/1/2022 (jrs). |
| Filing 50 Proposed Jury Instructions by William M Butler, II. (Carson, Dawn) |
| Filing 49 Proposed Jury Instructions by William M Butler, II. (Carson, Dawn) |
| Filing 48 SETTING LETTER: The Pretrial Conference set for Friday, 4/1/2022 is ADVANCED to 9:00 AM before Judge Jon Phipps McCalla and will proceed TELEPHONICALLY. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
| Filing 47 NOTICE by William M Butler, II Notice of Filing Jury Instructions and Jury Verdict Form (Carson, Dawn) |
| Filing 46 DEPOSITION of Nicholas James Domaratzki taken on July 14, 2021 by William M Butler, II. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Carson, Dawn) |
| Filing 45 NOTICE by William M Butler, II Notice of Filing Deposition Transcript of Nicholas Domaratzki (Carson, Dawn) |
| Filing 44 Proposed Voir Dire by Nicholas J Domaratzki. (Morris, Parke) |
| Filing 43 Proposed Voir Dire by William M Butler, II. (Carson, Dawn) |
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Filing 42
ORDER on #35 , #36 , #37 Defendant's Motions in Limine (ECF Nos. 35-37). Signed by Judge Jon Phipps McCalla on 3/4/2022. (rcl)
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| Filing 41 REPLY to Response to Motion re #38 Response to Motion in limine to Exclude Statements or Testimony of Plaintiff Nicholas James Domaratzki as to Causation and Medical Expenses Absent Competent Medical Proof filed by William M Butler, II. (Carson, Dawn) |
| Filing 40 RESPONSE to Motion re #35 MOTION in Limine to Exclude Information Concerning Insurance or the Availability Thereof filed by All Plaintiffs. (Morris, Parke) |
| Filing 39 RESPONSE to Motion re #36 MOTION in Limine to Exclude Settlement Negotiations, Offers of Settlement and/or Statement Made in the Context of Settlement filed by All Plaintiffs. (Morris, Parke) |
| Filing 38 RESPONSE to Motion re #37 MOTION in Limine to Exclude Statements or Testimony of Plaintiff Nicholas James Domaratzki as to Causation and Medical Expenses Absent Competent Medical Proof filed by All Plaintiffs. (Morris, Parke) |
| Filing 37 MOTION in Limine to Exclude Statements or Testimony of Plaintiff Nicholas James Domaratzki as to Causation and Medical Expenses Absent Competent Medical Proof by William M Butler, II. (Carson, Dawn) |
| Filing 36 MOTION in Limine to Exclude Settlement Negotiations, Offers of Settlement and/or Statement Made in the Context of Settlement by William M Butler, II. (Carson, Dawn) |
| Filing 35 MOTION in Limine to Exclude Information Concerning Insurance or the Availability Thereof by William M Butler, II. (Carson, Dawn) |
| Filing 34 NOTICE by William M Butler, II of Intent to Rebut Presumption Regarding Medicals (Carson, Dawn) |
| Filing 33 NOTICE by William M Butler, II DESIGNATION OF EXPERTS (Carson, Dawn) |
| Filing 32 NOTICE by William M Butler, II (Carson, Dawn) |
| Filing 31 NOTICE by Nicholas J Domaratzki Rule 26(a)(2) Expert Disclosures (Harvey, Phillip) |
| Filing 30 NOTICE by William M Butler, II Notice of Service of Offer of Judgment (Carson, Dawn) |
| Filing 29 NOTICE by Nicholas J Domaratzki Plaintiff's Notice of Service of Discovery Responses (Morris, Parke) |
| Filing 28 NOTICE by William M Butler, II Notice of Service of Supplemental Initial Disclosures (Carson, Dawn) |
| Filing 27 NOTICE by William M Butler, II of Service of Discovery to Plaintiff (Carson, Dawn) |
| Filing 26 NOTICE to Take Deposition of Nicholas Domaratzki by William M Butler, II.(Carson, Dawn) |
| Filing 25 NOTICE by Nicholas J Domaratzki Service of Plaintiff's HIPAA Authorization (Harvey, Phillip) |
| Filing 24 NOTICE by Nicholas J Domaratzki Service Rule 26(a)(1) Initial Disclosures (Harvey, Phillip) |
| Filing 23 NOTICE by Allstate Property and Casualty Insurance Company (Reviere, Russell) |
| Filing 22 NOTICE by William M Butler, II Notice of Service of Initial Disclosures (Carson, Dawn) |
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Filing 21
SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 5/28/2021. (joj)
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| Filing 20 REPORT of Rule 26(f) Planning Meeting . (Carson, Dawn) |
| Filing 19 NOTICE of Appearance by Phillip N Harvey on behalf of All Plaintiffs (Harvey, Phillip) |
| Filing 18 SETTING LETTER: The Jury Trial is set for Monday, 4/11/2022 at 9:30 AM before Judge Jon Phipps McCalla. The Proposed Joint Pretrial Order is due by 4:30 PM on 3/23/2022. The Pretrial Conference is set for Friday, 4/1/2022 at 9:30 AM before Judge Jon Phipps McCalla. (jrs) |
| Filing 17 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 5/27/2021. Parke Morris appeared for the Plaintiff. Dawn Davis Carson appeared for the Defendant. Russell Reviere and Halle Priester appeared for All State P & C Insurance Company. Philip Harvey was also present for Plaintiff and will file a Notice of Appearance. The Court reviewed case history and damages as well as schedule with dates/deadlines. Affirmative defenses briefly discussed. Plaintiff will sign a HIPAA release by June 11, 2021. Defendant does not anticipate an unnamed, unknown party being added at the present time. The Jury Trial is set for Monday, April 11, 2021 at 9:30 AM before Judge Jon Phipps McCalla in a courtroom to be determined. The trial is estimated to take 2- 3 days. The Proposed Joint Pretrial Order is due by 4:30 PM on March 23, 2022. The Pretrial Conference is set for Friday, April 1, 2021 at 9:30 AM. (Court Reporter:Tina Gibson) (jrs) |
| Filing 16 NOTICE of Appearance by Halle Priester on behalf of Allstate Property and Casualty Insurance Company (Priester, Halle) |
| Filing 15 ANSWER to #1 Complaint, with Jury Demand by Allstate Property and Casualty Insurance Company.(Reviere, Russell) |
| Filing 14 NOTICE of Appearance by Russell E. Reviere on behalf of Allstate Property and Casualty Insurance Company (Reviere, Russell) |
| Filing 13 SUMMONS Returned Executed by Nicholas J Domaratzki as to Allstate Property and Casualty Insurance Company. (Morris, Parke) |
| Filing 12 SETTING LETTER: A Telephonic Scheduling Conference is set for Thursday, 5/27/2021 at 9:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
| Filing 11 NOTICE by William M Butler, II Notice of Service of Responses to Request for Admission (Carson, Dawn) |
| Filing 10 ANSWER to #1 Complaint, with Jury Demand by William M Butler, II.(Carson, Dawn) |
| Filing 9 SUMMONS Returned Executed by Nicholas J Domaratzki as to Allstate Property and Casualty Insurance Company. (Morris, Parke) |
| Filing 8 SUMMONS Returned Executed by Nicholas J Domaratzki as to William M Butler, II. (Morris, Parke) |
| Filing 7 Summons Issued as to Allstate Property and Casualty Insurance Company. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| Filing 6 Summons Issued as to William M Butler, II. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj) |
| 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 (agj) |
| 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 (agj) |
| Filing 3 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 (agj) |
| Filing 2 Judge Jon Phipps McCalla and Magistrate Judge Charmiane G. Claxton added. (agj) |
| Filing 1 COMPLAINT Complaint for Personal Injuries against All Defendants (Filing fee $ 402 receipt number ATNWDC-3581187), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons to Defendant Butler, #3 Summons Summons to Allstate-Unnamed Defendant-UM Carrier)(Morris, Parke) |
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