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 62 |
Filed: 10/13/2017, Entered: 10/13/2017 |
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MEMORANDUM ORDER AND OPINION, the Court hereby GRANTS plaintiffs motion for voluntary dismissal without prejudice 61 . The Court DISMISSES without prejudice all of plaintiffs claims against all of the remaining defendants. The Clerk of Court is directed to CLOSE this case. In the absence of any motion or objection to the contrary, the parties will bear their own costs and attorneys fees. Signed by Chief District Judge Thomas A. Varlan on 10/13/17. (ADA)
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| 61 |
Filed: 8/25/2017, Entered: 8/25/2017 |
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PLAINTIFF'S NOTICE OF, AND MOTION FOR, VOLUNTARY DISMISSAL OF ALL CLAIMS AGAINST ALL REMAINING DEFENDANTS by David Shell, David Shell, State of Tennessee (Havasy, Houston) Modified text and event on 8/28/2017 (ADA).
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| 60 |
Filed: 8/17/2017, Entered: 8/17/2017 |
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ORDER, plaintiff's motion for voluntary dismissal 59 is hereby GRANTED, and defendant Arthur J. Gallagher Co., as well as all John and Jane Doe defendants, are DISMISSED without prejudice. Signed by Chief District Judge Thomas A. Varlan on 8/17/17. (ADA)
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Request |
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| 59 |
Filed: 8/14/2017, Entered: 8/14/2017 |
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RESPONSE to the show cause Order 57 and MOTION for a voluntary dismissal as to John and Jane Doe Defendants and Arthur J. Gallagher Co. filed by David Shell, David Shell, State of Tennessee (Havasy, Houston) Modified text and event on 8/15/2017 (ADA).
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Request |
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| 58 |
Filed: 8/11/2017, Entered: 8/11/2017 |
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ORDER: The Court is in agreement with Magistrate Judge Guytons recommendations, which the Court adopts and incorporates into its ruling. As such, the Court ACCEPTS IN WHOLE the R&R 55 . Plaintiffs Motion to Certify Class 2 is hereby DENIED without prejudice. Signed by Chief District Judge Thomas A Varlan on 8/11/17. (ABF)
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| 57 |
Filed: 8/11/2017, Entered: 8/11/2017 |
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MEMORANDUM OPINION AND ORDER: The Court GRANTS 9967670 and Purkeys Motion to Dismiss 29 , in that all claims against defendants 0CF1791 and 9967670 aredismissed, plaintiffs quo warranto action is dismissed, and plaintiffs claims for a declaratory judgment pursuant to 28 U.S.C. ยง 2201 are dismissed. The State of Tennessee is DISMISSED as a plaintiff from this action. The Court also hereby DENIES defendant Fidelitys Motion to Dismiss 21 , and DENIES plaintiffs Motion for Partial Summary Judgment 3 . Finally, plaintiff is ORDERED to show cause within five (5) days of entry of this order as to why his claims against John and Jane Doe employees and Arthur J. Gallagher Co., should not be dismissed for failure to prosecute. Signed by Chief District Judge Thomas A Varlan on 8/11/17. (ABF)
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| 56 |
Filed: 6/23/2017, Entered: 6/23/2017 |
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ORDER granting 50 Motion for Discovery on Issues Joined for Class Certification. Signed by Magistrate Judge H Bruce Guyton on 6/23/2017. (MDG)
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Request |
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 55 |
Filed: 6/23/2017, Entered: 6/23/2017 |
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REPORT AND RECOMMENDATIONS recommending that 2 MOTION to Certify Class filed by David Shell, State of Tennessee be DENIED.Signed by Magistrate Judge H Bruce Guyton on 6/23/2017. (MDG)
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| 54 |
Filed: 6/21/2017, Entered: 6/21/2017 |
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REPORT of Rule 26(f) Planning Meeting. (Tidwell, W)
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Request |
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| 53 |
Filed: 6/7/2017, Entered: 6/7/2017 |
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Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton: Motion Hearing held on 6/7/2017 re 50 First MOTION for Discovery filed by David Shell, State of Tennessee. (Court Reporter ECRO)(Tape #3-17-cv-59_20170607_133010) (JAN, )
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| 52 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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REPLY to Response to Motion re 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fidelity and Deposit Company of Maryland. (Wear, Justin)
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Request |
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| 51 |
Filed: 5/26/2017, Entered: 5/26/2017 |
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ORDER: The Court will extend plaintiffs deadline for filing a response todefendants partial motion to dismiss. Plaintiffs motion 34 is hereby GRANTED.As plaintiffs have already filed their response [Doc. 34-1], Fidelity shall have ten days from the date of this order in which to reply to plaintiffs response.. Signed by Chief District Judge Thomas A Varlan on 5/26/17. (ABF)
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Filed: 5/25/2017, Entered: 5/25/2017 |
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NOTICE of Hearing on Motion 50 First MOTION for Discovery : Motion Hearing set for 6/7/2017 01:30 PM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton. (MDG)
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| 50 |
Filed: 5/4/2017, Entered: 5/4/2017 |
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First MOTION for Discovery by David Shell, David Shell, State of Tennessee. (Havasy, Houston)
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Request |
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| 49 |
Filed: 5/4/2017, Entered: 5/4/2017 |
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REPLY to Response to Motion re 3 MOTION for Summary Judgment filed by David Shell, David Shell, State of Tennessee. (Havasy, Houston)
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Request |
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| 48 |
Filed: 5/4/2017, Entered: 5/4/2017 |
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REPLY to Response to Motion re 3 MOTION for Summary Judgment filed by David Shell, David Shell, State of Tennessee. (Havasy, Houston)
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Request |
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| 47 |
Filed: 5/4/2017, Entered: 5/4/2017 |
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REPLY to Response to Motion re 3 MOTION for Summary Judgment filed by David Shell, David Shell, State of Tennessee. (Havasy, Houston)
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Request |
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| 46 |
Filed: 5/4/2017, Entered: 5/4/2017 |
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RESPONSE to Motion re 29 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by David Shell, David Shell, State of Tennessee. (Havasy, Houston)
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| 45 |
Filed: 5/4/2017, Entered: 5/4/2017 |
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REPLY to Response to Motion re 2 MOTION to Certify Class Consolidated Reply to Documents 36, 39, and 41 filed by David Shell, David Shell, State of Tennessee. (Attachments: # 1 Exhibit, # 2 Exhibit)(Havasy, Houston)
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| 44 |
Filed: 5/3/2017, Entered: 5/3/2017 |
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ORDER granting 43 Plaintiffs' Corrected Motion for Enlargement of Time. Plaintiffs shall have until May 4, 2017, to file reply briefs. Signed by Magistrate Judge H. Bruce Guyton on 5/3/2017. (This entry constitutes the complete Order of the Court.) (AGA)
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| 43 |
Filed: 5/3/2017, Entered: 5/3/2017 |
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Revised MOTION for Extension of Time to File Response/Reply as to 39 Response in Opposition to Motion, 40 Response in Opposition to Motion, 36 Response in Opposition to Motion, 41 Response to Motion, 37 Response in Opposition to Motion, 38 Response in Opposition to Motion by David Shell, David Shell, State of Tennessee. (Havasy, Houston)
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| 42 |
Filed: 5/2/2017, Entered: 5/2/2017 |
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(DOCUMENT FILED WITH ERRORS. REFILED AS 43 ) MOTION for Extension of Time to File Response/Reply as to 39 Response in Opposition to Motion, 40 Response in Opposition to Motion, 36 Response in Opposition to Motion, 41 Response to Motion, 37 Response in Opposition to Motion, 38 Response in Opposition to Motion by David Shell, David Shell, State of Tennessee. (Havasy, Houston) Modified on 5/3/2017 (ADA).
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| 41 |
Filed: 4/26/2017, Entered: 4/26/2017 |
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RESPONSE to Motion re 2 MOTION to Certify Class (In Opposition) filed by 0264FF8. (Tidwell, W)
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| 40 |
Filed: 4/26/2017, Entered: 4/26/2017 |
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RESPONSE in Opposition re 3 MOTION for Summary Judgment (Partial) filed by 0264FF8. (Tidwell, W)
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| 39 |
Filed: 4/25/2017, Entered: 4/25/2017 |
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RESPONSE in Opposition re 2 MOTION to Certify Class filed by F1BC73A, Marion County, Tennessee. (Hickey, B)
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| 38 |
Filed: 4/25/2017, Entered: 4/25/2017 |
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RESPONSE in Opposition re 3 MOTION for Summary Judgment filed by F1BC73A, Marion County, Tennessee. (Hickey, B)
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| 37 |
Filed: 4/25/2017, Entered: 4/25/2017 |
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RESPONSE in Opposition re 3 MOTION for Summary Judgment filed by Fidelity and Deposit Company of Maryland. (Wear, Justin)
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Request |
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| 36 |
Filed: 4/25/2017, Entered: 4/25/2017 |
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RESPONSE in Opposition re 2 MOTION to Certify Class filed by Fidelity and Deposit Company of Maryland. (Wear, Justin)
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| 35 |
Filed: 4/25/2017, Entered: 4/25/2017 |
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REPLY to Response to 3 MOTION for Summary Judgment filed by David Shell, David Shell, State of Tennessee. (Havasy, Houston)
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| 34 |
Filed: 4/25/2017, Entered: 4/25/2017 |
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Substantive Response to Fidelity's Motion to Dismiss 21 by David Shell, David Shell, State of Tennessee. (Attachments: # 1 Other Substantive Response to Fidelity's Motion to Dismiss)(Havasy, Houston) Modified text and link to reflect that this is the response per 51 on 6/6/2017 (ADA).
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| 33 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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RESPONSE in Opposition re 3 MOTION for Summary Judgment filed by 9967670, 0CF1791. (Jordan, Dawn)
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| 32 |
Filed: 4/13/2017, Entered: 4/13/2017 |
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ANSWER to Complaint by 0264FF8.(Tidwell, W)
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| 31 |
Filed: 4/13/2017, Entered: 4/13/2017 |
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RESPONSE in Opposition re 2 MOTION to Certify Class filed by 9967670, 0CF1791. (Jordan, Dawn)
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| 30 |
Filed: 4/13/2017, Entered: 4/13/2017 |
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MEMORANDUM in Support of Motion re 29 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by 9967670, 0CF1791. (Jordan, Dawn)
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| 29 |
Filed: 4/13/2017, Entered: 4/13/2017 |
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First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by 9967670, 0CF1791. (Jordan, Dawn)
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| 28 |
Filed: 4/12/2017, Entered: 4/12/2017 |
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ORDER, the Court hereby ORDERS that the briefing schedules for the Motion to Certify Class 2 and the Motion for Partial Summary Judgment 3 shall follow the schedule set forth in Eastern District of Tennessee Local Rule 7.1(a), with the briefing schedules to begin upon the date of entry of this order. Signed by Chief District Judge Thomas A. Varlan on 4/12/17. (ADA)
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| 27 |
Filed: 3/30/2017, Entered: 3/30/2017 |
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ORDER granting 24 Motion for Leave to Appear Pro Hac Vice. You MUST register as a CM/ECF user here: http://www.tned.uscourts.gov/RegistrationForm.php. Signed by Magistrate Judge H. Bruce Guyton on 3/30/3017. (This entry constitutes the complete Order of the Court.) (AGA)
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| 26 |
Filed: 3/29/2017, Entered: 3/29/2017 |
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Plaintiffs' Proposed Briefing Schedule by David Shell, David Shell, State of Tennessee. (Havasy, Houston) Modified text on 3/30/2017 (ADA).
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| 25 |
Filed: 3/24/2017, Entered: 3/24/2017 |
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SUMMONS Returned Executed by David Shell, State of Tennessee, David Shell. 0CF1791 served on 3/24/2017. (Havasy, Houston)
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Filed: 3/24/2017, Entered: 3/24/2017 |
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Clerk's Verification of PHV Requirements is complete regarding document: 24 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00.) filed by Fidelity and Deposit Company of Maryland (ADA)
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| 24 |
Filed: 3/23/2017, Entered: 3/24/2017 |
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MOTION for Leave for Justin Wear to Appear Pro Hac Vice (Filing fee $ 90.00 paid receipt #K3032722) by Fidelity and Deposit Company of Maryland, with certificate of good standing from USDC Middle TN attached. (ADA)
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| 23 |
Filed: 3/23/2017, Entered: 3/23/2017 |
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ORDE: This civil case is before the Court on plaintiffs' motion to correct certificate of service and for a briefing schedule. The Court hereby GRANTS the motion. Plaintiffs' Motion to Certify Class 2 and Motion for Partial Summary Judgment 3 are hereby AMENDED to include the certificate of service set forth in the instant motion. The Court next turns to plaintiffs' request for a briefing schedule. The Court has considered this argument, and hereby GRANTS plaintiffsrequest. In the event that plaintiffs have completed service on all defendants in this case,plaintiffs shall file a proposed briefing schedule within five (5) days of entry of this order. In the event that plaintiffs have not performed service upon all defendants, plaintiffs shall file a proposed briefing schedule within five (5) days of accomplishing service on all defendants. Signed by Chief District Judge Thomas A. Varlan on 3/23/17. (ADA)
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| 22 |
Filed: 3/22/2017, Entered: 3/22/2017 |
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MEMORANDUM in Support of Motion re 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fidelity and Deposit Company of Maryland. (Gillum, John)
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Request |
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| 21 |
Filed: 3/22/2017, Entered: 3/22/2017 |
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Fidelity and Deposit Company of Maryland. (Gillum, John)
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Request |
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| 20 |
Filed: 3/20/2017, Entered: 3/20/2017 |
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SUMMONS Returned Executed by David Shell, State of Tennessee, and David Shell. Fidelity and Deposit Company of Maryland served on 3/1/2017 via Department of Commerce and Insurance. (ADA)
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Request |
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| 19 |
Filed: 3/20/2017, Entered: 3/20/2017 |
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ORDER granting 8 Motion for Extension of Time. Defendants 0CF1791 and 9967670 shall file a response to the Complaint on or before April 17, 2017. Signed by Magistrate Judge H. Bruce Guyton on 3/20/2017. (This entry constitutes the complete Order of the Court.) (AGA)
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| 18 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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ANSWER to 1 Complaint, by F1BC73A, Marion County, Tennessee.(LeQuire, Thomas)
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Request |
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| 17 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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NOTICE of Appearance by B Thomas Hickey on behalf of F1BC73A, Marion County, Tennessee (Hickey, B)
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Request |
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| 16 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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NOTICE of Appearance by Thomas E LeQuire on behalf of F1BC73A, Marion County, Tennessee (LeQuire, Thomas)
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Request |
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| 15 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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NOTICE of Appearance by John M Gillum on behalf of Fidelity and Deposit Company of Maryland (Gillum, John)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 14 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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SUMMONS Returned Executed by David Shell, State of Tennessee, David Shell. F1BC73A served on 2/24/2017. (Havasy, Houston) Modified text on 3/17/2017 (ADA).
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Request |
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| 13 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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SUMMONS Returned Executed by David Shell, State of Tennessee, David Shell. Marion County, Tennessee served on 2/27/2017. (Havasy, Houston) Modified text on 3/17/2017 (ADA).
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Request |
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| 12 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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SUMMONS Returned Executed by David Shell, State of Tennessee, David Shell. 9967670 served on 2/24/2017. (Havasy, Houston) Modified text on 3/17/2017 (ADA).
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Request |
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| 11 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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SUMMONS Returned Executed by David Shell, State of Tennessee, David Shell. Fidelity and Deposit Company of Maryland served on 2/28/2017. (Havasy, Houston) Modified text on 3/17/2017 (ADA).
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Request |
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| 10 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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SUMMONS Returned Executed by David Shell, State of Tennessee, David Shell. 0264FF8 served on 2/24/2017. (Havasy, Houston) Modified text on 3/17/2017 (ADA).
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Request |
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| 9 |
Filed: 3/10/2017, Entered: 3/10/2017 |
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RESPONSE to Motion re 8 MOTION for Extension of Time to File Answer re 1 Complaint, filed by David Shell, David Shell, State of Tennessee. (Havasy, Houston)
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Request |
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| 8 |
Filed: 3/10/2017, Entered: 3/10/2017 |
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MOTION for Extension of Time to File Answer re 1 Complaint, by 9967670, 0CF1791. (Jordan, Dawn)
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Request |
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| 7 |
Filed: 2/23/2017, Entered: 2/23/2017 |
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ORDER, the Motion to Certify Class 2 is hereby REFERRED to the Honorable H. Bruce Guyton, United States Magistrate Judge, for his consideration and determination or report and recommendation, as may be appropriate. Signed by Chief District Judge Thomas A. Varlan on 2/23/17. (ADA)
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| 6 |
Filed: 2/22/2017, Entered: 2/22/2017 |
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MOTION Correct Certificate of Service and Motion for Scheduling Order re 3 MOTION for Summary Judgment , 2 MOTION to Certify Class by David Shell, David Shell, State of Tennessee. (Havasy, Houston)
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Request |
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| 5 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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Summons Issued as to All Defendants. (Attachments: # 1 Summons 0264FF8, # 2 Summons David W 0CF1791, # 3 Summons Fidelity and Deposit Company of Maryland, # 4 Summons 9967670, # 5 Summons Marion County, Tennessee, # 6 Summons F1BC73A) (AMP)
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| 4 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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Administrative Notice to Counsel: No action to be taken. For future reference, please file the Summons in a non-fillable form. (AMP)
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Filed: 2/21/2017, Entered: 2/21/2017 |
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Chief District Judge Thomas A Varlan and Magistrate Judge H Bruce Guyton added. (AMP)
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Filed: 2/21/2017, Entered: 2/21/2017 |
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Filing fee received: $ 400.00, receipt number K3032471 (ABF)
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| 3 |
Filed: 2/20/2017, Entered: 2/20/2017 |
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MOTION for Summary Judgment by David Shell as Representative of Class Members, David Shell, State of Tennessee ex. rel. David Shell. (Attachments: # 1 Exhibit, # 2 Exhibit)(Havasy, Houston)
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Request |
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| 2 |
Filed: 2/20/2017, Entered: 2/20/2017 |
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MOTION to Certify Class by David Shell as Representative of Class Members, David Shell, State of Tennessee ex. rel. David Shell. (Havasy, Houston)
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Request |
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| 1 |
Filed: 2/20/2017, Entered: 2/20/2017 |
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COMPLAINT against All Defendants (Filing fee $ 400.), filed by David Shell as Representative of Class Members, State of Tennessee ex. rel. David Shell, David Shell. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Other Coversheet, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Havasy, Houston)
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