Everett v. Memphis Light Gas and Water Division

Federal Civil Lawsuit Tennessee Western District Court, Case No. 2:16-cv-02810
District Judge Sheryl H. Lipman, presiding
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District Judge Sheryl H. Lipman
Last Updated February 4, 2019 at 8:15 PM EST (6.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Autumn Everett, Plaintiff

Represented by Chant & Company APLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Chant Yedalian +1 424 901 8377 +1 424 744 4177 chant@chant.mobi

Represented by HERRINGTON LAW, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Brian K. Herrington +1 662 834 9168 +1 662 834 2628 brian@herringtonlawpa.com
v.
No Logo Memphis Light Gas and Water Division, Defendant

Represented by Baker Donelson Bearman Caldwell & Berkowitz, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Lee Bearman +1 901 526 2000 +1 901 577 0716 dlbearman@bakerdonelson.com
ATTORNEY TO BE NOTICED Kristine Leporati Roberts +1 901 526 2000 +1 901 577 2303 kroberts@bakerdonelson.com
ATTORNEY TO BE NOTICED Mary Wu Tullis +1 901 577 8180 +1 901 577 0746 mtullis@bakerdonelson.com
Other Parties
No Logo Jimmy Moore, Miscellaneous

Represented by CIRCUIT COURT, 30TH JUDICIAL DISTRICT

Name Phone Fax E-Mail
Space Jimmy Moore +1 901 576 4006
Attributes
Citation Section 15 U.S.C. § 1681
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Timeline
  Entries (45) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 45 Filed: 7/7/2017, Entered: None Unknown Document TypeCourt Filing
ORDER denying 40 Motion to Amend/Correct; denying 40 Motion to Alter Judgment. Signed by Judge Sheryl H. Lipman on 7/7/17. (Lipman, Sheryl) (Entered: 07/07/2017)
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Legal Document (Payment Possibly Required) 44 Filed: 6/21/2017, Entered: None Unknown Document Type
REPLY to Response to Motion re 41 Response in Opposition to Motion to Alter or Amend April 18, 2017 Order filed by Autumn Everett. (Herrington, Brian) (Entered: 06/21/2017)
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Legal Document (Payment Possibly Required) 43 Filed: 6/14/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 42 Motion for Leave to File. Signed by Judge Sheryl H. Lipman on 6/14/17. (Lipman, Sheryl) (Entered: 06/14/2017)
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Legal Document (Payment Possibly Required) 42 Filed: 6/6/2017, Entered: None Unknown Document Type
MOTION for Leave to File Reply Brief (proposed order submitted) by Autumn Everett. (Herrington, Brian) (Entered: 06/06/2017)
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Legal Document (Payment Possibly Required) 41 Filed: 5/30/2017, Entered: None Unknown Document Type
RESPONSE in Opposition re 40 MOTION to Amend/Correct 39 Order on Motion to Dismiss for Failure to State a Claim MOTION to Alter Judgment filed by Memphis Light Gas and Water Division. (Bearman, David) (Entered: 05/30/2017)
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Legal Document (Payment Possibly Required) 40 Filed: 5/15/2017, Entered: None Unknown Document Type
MOTION to Amend/Correct 39 Order on Motion to Dismiss for Failure to State a Claim, MOTION to Alter Judgment by Autumn Everett. (Attachments: # 1 Memorandum Memo in support of motion)(Herrington, Brian) (Entered: 05/15/2017)
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Legal Document (Payment Possibly Required) 39 Filed: 4/18/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 9 Defendant's Motion to Dismiss and Remanding Case. Signed by Judge Sheryl H. Lipman on 4/18/17. (Lipman, Sheryl) (Entered: 04/18/2017)
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Legal Document (Payment Possibly Required) 38 Filed: 4/6/2017, Entered: None Unknown Document Type
NOTICE by Memphis Light Gas and Water Division re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction - Defendant's Fourth Notice of Supplemental Authority (Attachments: # 1 Exhibit 1 Weinstein v. Intermountain Healthcare, Inc.)(Tullis, Mary) (Entered: 04/06/2017)
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Legal Document (Payment Possibly Required) 37 Filed: 2/24/2017, Entered: None Unknown Document Type
NOTICE by Autumn Everett re 35 MOTION for Leave to File An Objection To The February 8, 2017 Mediation Certification Notice Of Withdrawal Without Prejudice (Herrington, Brian) (Entered: 02/24/2017)
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Legal Document (Payment Possibly Required) 36 Filed: 2/23/2017, Entered: None Unknown Document Type
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 35 MOTION for Leave to File An Objection To The February 8, 2017 Mediation Certification filed by Autumn Everett has been filed. However, the following deficiency has been found: No certificate of consultation. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (Lipman, Sheryl) (Entered: 02/23/2017)
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Legal Document (Payment Possibly Required) 35 Filed: 2/22/2017, Entered: None Unknown Document Type
MOTION for Leave to File An Objection To The February 8, 2017 Mediation Certification by Autumn Everett. (Herrington, Brian) (Entered: 02/22/2017)
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Legal Document (Payment Possibly Required) 34 Filed: 2/21/2017, Entered: None Unknown Document Type
NOTICE by Memphis Light Gas and Water Division re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction - Defendant's Third Notice of Supplemental Authority (Attachments: # 1 Exhibit 1)(Roberts, Kristine) (Entered: 02/21/2017)
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Legal Document (Payment Possibly Required) 33 Filed: 2/16/2017, Entered: None Unknown Document Type
NOTICE by Autumn Everett re 17 Response in Opposition to Motion PLAINTIFF'S NOTICE OF SUPPLEMENTAL AUTHORITY IN OPPOSITION TO MOTION TO DISMISS: Deschaaf v. American Valet & Limousine, Inc., Case No. 2:16-cv-03464-GMS (D. Ariz.), opinion filed February 15, 2017 (Yedalian, Chant) (Entered: 02/16/2017)
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Legal Document (Payment Possibly Required) 32 Filed: 2/8/2017, Entered: None Unknown Document Type
NOTICE by Autumn Everett re 17 Response in Opposition to Motion Supplemental Authorities (Attachments: # 1 Exhibit Van Patten case, # 2 Exhibit Syed case, # 3 Exhibit Horizon Healthcare case)(Herrington, Brian) (Entered: 02/08/2017)
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Legal Document (Payment Possibly Required) 31 Filed: 2/8/2017, Entered: None Unknown Document Type
MEDIATION CERTIFICATION (Cannon, John) (Entered: 02/08/2017)
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Legal Document (Payment Possibly Required) 30 Filed: 1/31/2017, Entered: None Unknown Document Type
NOTICE by Memphis Light Gas and Water Division re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction - Defendant's Notice of Supplemental Authority (Attachments: # 1 Exhibit 1 - Cruper-Weinmann v. Paris Baguette America, Inc., # 2 Exhibit 2 - Fullwood v. Wolfgang's Steakhouse, Inc.)(Roberts, Kristine) (Entered: 01/31/2017)
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Legal Document (Payment Possibly Required) 29 Filed: 1/31/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 28 Motion to Extend Deadline. Signed by Judge Sheryl H. Lipman on 1/31/17. (Lipman, Sheryl) (Entered: 01/31/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 1/30/2017, Entered: None Unknown Document Type
Joint MOTION to Extend Deadline - Joint Motion for a One-Week Extension of The Alternative Dispute Resolution Deadline and Incorporated Memorandum in Support - proposed order submitted by Memphis Light Gas and Water Division. (Bearman, David) (Entered: 01/30/2017)
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Legal Document (Payment Possibly Required) 27 Filed: 1/27/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 26 Motion to Extend Deadline. Signed by Judge Sheryl H. Lipman on 1/27/17. (Lipman, Sheryl) (Entered: 01/27/2017)
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Legal Document (Payment Possibly Required) 26 Filed: 1/26/2017, Entered: None Unknown Document Type
MOTION to Extend Deadline - Defendant's Unopposed Motion for Extension of Deadline to File Motions to Join Parties and/or Amend Pleadings and Incorporated Memorandum in Support - proposed order submitted by Memphis Light Gas and Water Division. (Bearman, David) (Entered: 01/26/2017)
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Legal Document (Payment Possibly Required) 25 Filed: 1/12/2017, Entered: None Unknown Document Type
Mail Returned as Undeliverable. Mail sent to Brian Herrington. (Attachments: # 1 Envelope) (jld) (Entered: 01/12/2017)
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Legal Document (Payment Possibly Required) 24 Filed: 12/17/2016, Entered: None Unknown Document Type
NOTICE by Memphis Light Gas and Water Division re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction Notice of Supplemental Authority (Attachments: # 1 Exhibit Meyers v. Nicolet, # 2 Exhibit Stelmachers v. Verifone)(Roberts, Kristine) (Entered: 12/17/2016)
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Legal Document (Payment Possibly Required) 23 Filed: 12/5/2016, Entered: None Unknown Document Type
REPLY to Response to Motion re 17 Response in Opposition to Motion to Dismiss filed by Memphis Light Gas and Water Division. (Attachments: # 1 Exhibit 1- complaints in Noble, Kamal, and Thompson)(Wu, Mary) (Entered: 12/05/2016)
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Legal Document (Payment Possibly Required) 22 Filed: 12/5/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting 21 Motion for Leave to File Excess Pages. Signed by Judge Sheryl H. Lipman on 12/5/16. (Lipman, Sheryl) (Entered: 12/05/2016)
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Legal Document (Payment Possibly Required) 21 Filed: 12/1/2016, Entered: None Unknown Document Type
MOTION for Leave to File - MLGW's Unopposed Motion for Leave to File Excess Pages and Incorporated Memorandum in Support - proposed order submitted by Memphis Light Gas and Water Division. (Wu, Mary) (Entered: 12/01/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 11/28/2016, Entered: None Unknown Document Type
STIPULATION on Mediator Selection, jointly filed by Memphis Light Gas and Water Division. (Wu, Mary) (Entered: 11/28/2016)
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Legal Document (Payment Possibly Required) 19 Filed: 11/22/2016, Entered: None Unknown Document TypeCourt Filing
ORDER REJECTING 14 JOINT STIPULATION ON MEDIATOR SELECTION. Signed by Judge Sheryl H. Lipman on 11/22/16. (Lipman, Sheryl) (Entered: 11/22/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 11/18/2016, Entered: None Unknown Document Type
Notice of Correction to 17 Response in Opposition to Motion Corrected Brief ISO Plaintiff's opposition. (Herrington, Brian) (Entered: 11/18/2016)
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Legal Document (Payment Possibly Required) 17 Filed: 11/18/2016, Entered: None Unknown Document Type
RESPONSE in Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction filed by Autumn Everett. (Attachments: # 1 Memorandum in support of Opposition)(Herrington, Brian) (Entered: 11/18/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 11/18/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting 15 Motion for Leave to File Excess Pages. Signed by Judge Sheryl H. Lipman on 11/18/16. (Lipman, Sheryl) (Entered: 11/18/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 11/17/2016, Entered: None Unknown Document Type
MOTION for Leave to File Excess Pages proposed order submitted by Autumn Everett. (Herrington, Brian) (Entered: 11/17/2016)
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Legal Document (Payment Possibly Required) 14 Filed: 11/16/2016, Entered: None Unknown Document Type
STIPULATION on Mediator Selection, jointly filed by Memphis Light Gas and Water Division. (Wu, Mary) (Entered: 11/16/2016)
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Legal Document (Payment Possibly Required) 13 Filed: 11/10/2016, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER. Signed by Judge Sheryl H. Lipman on 11/10/16. (Lipman, Sheryl) (Entered: 11/10/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 11/9/2016, Entered: None Unknown Document TypeCourt Filing
SETTING LETTER: Jury Trial / Non-Jury set for Tuesday, 1/16/2018 at 9:30 AM in Courtroom 4 - Memphis before Judge Sheryl H. Lipman. Pretrial Conference set for Friday, 1/5/2018 at 9:00 AM in Courtroom 4 - Memphis before Judge Sheryl H. Lipman. Proposed Joint Pretrial Order due by 12/29/2017. (jpw) (Entered: 11/09/2016)
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Legal Document (Payment Possibly Required) 11 Filed: 11/9/2016, Entered: None Unknown Document TypeCourt Filing
Minute Entry for proceedings held before Judge Sheryl H. Lipman: Scheduling Conference held on 11/9/2016. Brian Herrington and Chant Yedalian (via telephone) appearing for the Government. Kristine L. Roberts, Mary Wu and David Lee Bearman appearing for the Defense. Parties dicussed 9 Defendant's Motion to Dismiss. Plaintiff to file a response. Jury Trial / Non-Jury Trial set for Tuesday, 1/16/2018 at 9:30 AM in Courtroom 4 - Memphis before Judge Sheryl H. Lipman. (It is unclear at this time if this will be a jury trial or a non-jury trial). *Trial is estimated to last 5-7 days. Pretrial Conference set for Friday, 1/5/2018 at 9:00 AM in Courtroom 4 - Memphis before Judge Sheryl H. Lipman. Proposed Joint Pretrial Order due by 12/29/2017. Scheduling Order to be entered. (Court Reporter: Brenda Parker) (jpw) *Modified on 11/9/2016 (jpw). (Entered: 11/09/2016)
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Legal Document (Payment Possibly Required) 10 Filed: 11/4/2016, Entered: None Unknown Document Type
REPORT of Rule 26(f) Planning Meeting - proposed order submitted. (Attachments: # 1 Exhibit A - Proposed Scheduling Order)(Bearman, David) (Entered: 11/04/2016)
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Legal Document (Payment Possibly Required) 9 Filed: 10/18/2016, Entered: None Unknown Document Type
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction by Memphis Light Gas and Water Division. (Attachments: # 1 Memorandum)(Wu, Mary) (Entered: 10/18/2016)
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Legal Document (Payment Possibly Required) 8 Filed: 10/13/2016, Entered: None Unknown Document TypeCourt Filing
SETTING LETTER: Scheduling Conference set for Wednesday, 11/9/2016 at 9:30 AM in Courtroom 4 - Memphis before Judge Sheryl H. Lipman. (jpw) (Entered: 10/13/2016)
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Legal Document (Payment Possibly Required) 7 Filed: 10/12/2016, Entered: None Unknown Document Type
NOTICE of Appearance by Mary Wu on behalf of Memphis Light Gas and Water Division (Wu, Mary) (Entered: 10/12/2016)
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Legal Document (Payment Possibly Required) 6 Filed: 10/12/2016, Entered: None Unknown Document Type
NOTICE of Appearance by Kristine L. Roberts on behalf of Memphis Light Gas and Water Division (Roberts, Kristine) (Entered: 10/12/2016)
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Legal Document (Payment Possibly Required) 5 Filed: 10/11/2016, Entered: None Unknown Document TypeCourt Filing
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 (jrs) (Entered: 10/12/2016)
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Legal Document (Payment Possibly Required) 4 Filed: 10/11/2016, Entered: None Unknown Document Type
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 (jrs) (Entered: 10/12/2016)
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Legal Document (Payment Possibly Required) 3 Filed: 10/11/2016, Entered: None Unknown Document Type
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 (jrs) (Entered: 10/12/2016)
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Legal Document (Payment Possibly Required) 2 Filed: 10/11/2016, Entered: None Unknown Document TypeCourt Filing
Judge Sheryl H. Lipman and Magistrate Judge Tu M. Pham added. (jrs) (Entered: 10/12/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 10/11/2016, Entered: None Unknown Document Type
NOTICE OF REMOVAL by Memphis Light Gas and Water Division from Circuit Court of Shelby County, Tennessee, case number CT-002868-16 (Filing fee $ 400 receipt number 0651-2417616), filed by Memphis Light Gas and Water Division. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Bearman, David) (Entered: 10/11/2016)
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