Doherty v. Danmar Products, Inc.
| Regina L. Doherty |
| Danmar Products, Inc. |
| Temiika Gipson |
| 2:2021cv02263 |
| April 27, 2021 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Jon Phipps McCalla |
| Tort Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 23, 2021. A more recent docket listing may be available from PACER.
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Filing 23
SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 6/1/2021. (pa)
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| Filing 22 SETTING LETTER: A Jury Trial is set for Monday, 5/23/2022 at 9:30 AM before Judge Jon Phipps McCalla in a courtroom to be determined. A Proposed Joint Pretrial Order is due by 4:30 PM on 5/3/2022. A Pretrial Conference is set for Friday, 5/13/2022 at 11:00 AM before Judge Jon Phipps McCalla in a courtroom to be determined. (jrs) |
| Filing 21 Minute Entry for proceedings held before Judge Jon Phipps McCalla: TelephonicScheduling Conference held on 5/28/2021. John R. Johnson, III appeared for the Plaintiff. Colleen Schuetz and Minton Philip Mayer appeared for the Defendant. Case information reviewed. Plaintiff's child suffered from a rare genetic disorder, Cornelia de Lange syndrome (CdLS). Plaintiff advised as to questions regarding the specific helmet in use (the third helmet). Parties unsure as to current location. Examination of the (third) helmet is to be completed by July 9, 2021. Plaintiff's Motion to Remand #16 reviewed briefly. Plaintiff has filed related suit in Shelby County Court. BSTN (Behavioral Services of TN, Inc.) employees, Tabatha Benson and Sylvia Wright, have been indicted in Shelby County Court. Manner of death discussed. The Court reviewed proportionality and discovery. Plaintiffs signed HIPAA release to be submitted by June 14, 2021. The Court reviewed case schedule and deadlines. The Jury Trial is set for May 23, 2022 at 9:30 AM before Judge Jon Phipps McCall in a courtroom to be determined. The trial is estimated to take 4 days. The Proposed Joint Pretrial Order is due by 4:30 PM on May 3, 2022. The Pretrial Conference is set for Friday, May 13, 2022 at 11:00 AM before Judge Jon Phipps McCalla in a courtroom to be determined. A Scheduling Order will be entered. (Court Reporter: Tina Gibson) (jrs) |
| Filing 20 RESPONSE in Opposition re #16 First MOTION to Remand to State Court Proposed Order submitted filed by Danmar Products, Inc.. (Mayer, Minton) |
| Filing 19 NOTICE by Danmar Products, Inc. re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FED. R. CIV. P. 12(B)(6) OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. 56 - MEMORANDUM OF LAW IN SUPPORT, #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant's Statement of Undisputed Material Facts (Mayer, Minton) |
| Filing 18 AFFIDAVIT re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FED. R. CIV. P. 12(B)(6) OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. 56 - MEMORANDUM OF LAW IN SUPPORT, #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Danmar Products, Inc.. (Mayer, Minton) |
| Filing 17 SETTING LETTER: The Telephonic Scheduling Conference set for Friday, 5/28/2021 at 2:30 PM is *Reset to *3:30 PM before Judge Jon Phipps McCalla. *TIME CHANGE ONLY* 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 16 First MOTION to Remand to State Court Proposed Order submitted by Regina L. Doherty. (Attachments: #1 Memorandum)(Johnson, John) |
| Filing 15 NOTICE by Regina L. Doherty (Johnson, John) |
| Filing 14 NOTICE by Danmar Products, Inc. of Service of Rule 26(a)(1) Initial Disclosures (Schuetz, Colleen) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting . (Mayer, Minton) |
| Filing 12 NOTICE of Appearance by Colleen Schuetz on behalf of Danmar Products, Inc. (Schuetz, Colleen) |
| Filing 11 SETTING LETTER: A Telephonic Scheduling Conference is set for Friday, 5/28/2021 at 2:30 PM 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 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Danmar Products, Inc.. (Mayer, Minton) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FED. R. CIV. P. 12(B)(6) OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. 56 - MEMORANDUM OF LAW IN SUPPORT by Danmar Products, Inc.. (Attachments: #1 Exhibit Exhibit 1)(Mayer, Minton) |
| Filing 8 ANSWER to Complaint with Jury Demand by Danmar Products, Inc..(Mayer, Minton) |
| Filing 7 NOTICE of Appearance by Minton Philip Mayer on behalf of All Defendants (Mayer, Minton) |
| 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 Jon Phipps McCalla and Magistrate Judge Charmiane G. Claxton added. (jae) |
| Filing 2 Corporate Disclosure Statement by Danmar Products, Inc.. (Mayer, Minton) |
| Filing 1 NOTICE OF REMOVAL by Danmar Products, Inc. from Shelby County Circuit Court, case number CT-5325-20 (Filing fee $ 402 receipt number ATNWDC-3596875), filed by Danmar Products, Inc.. (Attachments: #1 Exhibit Exhibit A - pleadings, #2 Exhibit Exhibit B - Notice of Removal on Plaintiff's Counsel and Notice of Filing of Notice of Removal, #3 Exhibit Civil Cover Sheet)(Mayer, Minton) |
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