Baxter Bailey & Associates, Inc. v. Merchants National Bonding, Inc. et al
| Baxter Bailey & Associates, Inc. |
| Merchants National Bonding, Inc. and Pacific Financial Association, Inc. |
| Jamita Swearengen |
| 2:2023cv02010 |
| January 6, 2023 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Jon Phipps McCalla |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 JUDGMENT. Signed by Judge Jon Phipps McCalla on 2/24/2023. (wrb) |
Filing 16
ORDER DISMISSING CASE. Signed by Judge Jon Phipps McCalla on 2/24/2023. (wrb)
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| Filing 15 STIPULATION of Dismissal without prejudice by Baxter Bailey & Associates, Inc.. (Davison, Travis) |
| Filing 14 NOTICE of Voluntary Dismissal by Baxter Bailey & Associates, Inc. (Davison, Travis) |
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Filing 13
SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 1/30/2023. (wrb)
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| Filing 12 SETTING LETTER: Jury Trial set for Monday, 11/6/2023 09:30 AM in Courtroom 3 - Memphis before Judge Jon Phipps McCalla. Pretrial Conference set for Friday, 10/20/2023 02:00 PM in Courtroom 3 - Memphis before Judge Jon Phipps McCalla. Joint Pretrial Order due by 4:30 PM on Friday, 10/13/2023.(wrh) |
| Filing 11 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Motion Hearing held on 1/30/2023 re #10 MOTION to Dismiss for Lack of Jurisdiction; Telephonic Scheduling Conference held on 1/30/2023. Counsel representing Plaintiff, Travis Edgar Davison, III present by telephone. Counsel representing Defendants, Kenneth M. Bryant present by telephone. The Court addressed DE#10 Motion to Dismiss for Lack of Jurisdiction. Counsel for Plaintiff informed the Court that the monetary relief is undetermined at this time, it will exceed $75,000.00 & under $80,000. Defense counsel concurs with Plaintiff. Plaintiffs' response as to the Motion is due February 10, 2023; Plaintiff needs to speak with client as to how to proceed with Jurisdiction location. Defense counsel stated that both Defendants are located in different states; believes the suite should be filed against Pacific Financial Associates, Inc. in Arizona. Plaintiff will file a response by February 10th, 2023 if not before. The Court set a brief Scheduling Order: 26.A1 Disclosures deadline 02/30/2023; Amended Complaint - Plaintiff is permitted to add attachments to the Complaint that were not initially filed. Motion to Dismiss already filed; Defendant does not anticipate filing another Motion. Completion of Discovery deadline 10/06/2023; No Expert Witnesses; Jury Trial date set Monday, 11/06/2023 at 9:30 a.m.; Pretrial Conference set Friday, 10/20/2023 at 2:00 p.m.; Joint Pretrial Order due by 4:30 PM on Friday, 10/13/2023. A Scheduling Order will be entered. (Court Reporter Lashawn Marshall.) (wrh) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction and, In the Alternative, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Merchants National Bonding, Inc., Pacific Financial Association, Inc.. (Attachments: #1 Memorandum In Support of Defendants' Motion to Dismiss for Failure to State a Claim)(Bryant, Kenneth) |
| Filing 9 SETTING LETTER: A Telephonic Scheduling Conference has been set for Monday, 1/30/2023 at 2:00 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 8 NOTICE of Appearance by Travis Edgar Davison, III on behalf of Baxter Bailey & Associates, Inc. (Davison, Travis) |
| Filing 7 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 6 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 5 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 4 Judge Jon Phipps McCalla and Magistrate Judge Charmiane G. Claxton added. (jae) |
| Filing 3 Corporate Disclosure Statement by Pacific Financial Association, Inc.. (Bryant, Kenneth) |
| Filing 2 Corporate Disclosure Statement by Merchants National Bonding, Inc. identifying Corporate Parent Merchants Bonding Group, Inc., Other Affiliate Merchants Bonding Company for Merchants National Bonding, Inc... (Bryant, Kenneth) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from IN THE CIRCUIT COURT FOR SHELBY COUNTY, TENNESSEE FOR THE THIRTEENTH JUDICIAL DISTRICT AT MEMPHIS, case number CT 4344-22 (Filing fee $ 402 receipt number ATNWDC-4045626), filed by All Defendants. (Attachments: #1 Exhibit A - Copy of Pleadings, #2 Exhibit B - PFA's Consent to Removal, #3 Civil Cover Sheet)(Bryant, Kenneth) |
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