| Court: | tnmd |
| Docket #: | 3:13-cv-01093 |
| Case Name: | Franklin American Mortgage Corp. v. First Educators Credit Union et al |
| PACER case #: | 56961 |
| Date filed: | 2013-10-04 |
| Assigned to: | District Judge Todd J. Campbell |
| Referred to: | Magistrate Judge John S. Bryant |
| Case Cause: | 28:1332 Diversity-Other Contract |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | Both |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Franklin American Mortgage Corp. Plaintiff |
Charles M. Cain , II |
| First Educators Credit Union Defendant |
Derek W. Edwards Jacquelyne D. Garfield Todd Ryan Hambidge |
| John Wheeler Defendant |
Derek W. Edwards Jacquelyne D. Garfield Todd Ryan Hambidge |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-10-04 | 1 | 0 | NOTICE OF REMOVAL by First Educators Credit Union and John Wheeler from Chancery Court for Williamson County, case number 42449. ( Filing fee $ 400, paid) (Attachments: # 1 Exhibit 1 - Original Complaint, # 2 Exhibit 2 - Notice to State Court and Counsel, # 3 Exhibit 3 - Additional State Court Pleadings, # 4 Attachment Civil Cover Sheet)(dt) (Entered: 10/04/2013) | |||
| 2013-10-04 | 2 | 0 | NOTICE to Counsel of Notice of Filing of Joint Notice of Removal by First Educators Credit Union and John Wheeler. (dt) (Entered: 10/04/2013) | |||
| 2013-10-04 | 3 | 0 | CORPORATE DISCLOSURE STATEMENT filed by First Educators Credit Union. (dt) (Entered: 10/04/2013) | |||
| 2013-10-04 | 4 | 0 | NOTICE from USDC Clerk, regarding Corporate Disclosure Statement requirements. (dt) (Entered: 10/04/2013) | |||
| 2013-10-07 | 5 | 0 | NOTICE of Initial Case Management Conference set for 1/6/2014 at 02:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (afs) (Entered: 10/07/2013) | |||
| 2013-10-07 | 6 | 0 | RECEIPT #34675028641 in the amount of $400 re 1 Notice of Removal. (afs) (Entered: 10/07/2013) | |||
| 2013-10-11 | 7 | 0 | ANSWER to Complaint by John Wheeler.(Edwards, Derek) (Entered: 10/11/2013) | |||
| 2013-10-11 | 8 | 0 | ANSWER to Complaint by First Educators Credit Union.(Edwards, Derek) (Entered: 10/11/2013) | |||
| 2013-11-04 | 9 | 0 | CORPORATE DISCLOSURE STATEMENT filed by Franklin American Mortgage Corp.. (Cain, Charles) (Entered: 11/04/2013) | |||
| 2013-12-31 | 10 | 0 | MOTION to Dismiss or, MOTION to Stay Pursuant to Rule 16(f) of the Federal Rules of Civil Procedure by First Educators Credit Union, John Wheeler. (Edwards, Derek) (Entered: 12/31/2013) | |||
| 2013-12-31 | 11 | 0 | MEMORANDUM in Support of 10 MOTION to Dismiss or MOTION to Stay Pursuant to Rule 16(f) of the Federal Rules of Civil Procedure filed by First Educators Credit Union, John Wheeler . (Edwards, Derek) (Entered: 12/31/2013) | |||
| 2013-12-31 | 12 | 0 | DECLARATION of John Wheeler filed by First Educators Credit Union, John Wheeler re: 10 MOTION to Dismiss or MOTION to Stay Pursuant to Rule 16(f) of the Federal Rules of Civil Procedure. (Attachments: # 1 Exhibit A: Feb. 17, 2012 Correspondence)(Edwards, Derek) (Entered: 12/31/2013) | |||
| 2014-01-02 | 13 | 0 | PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (Cain, Charles) (Entered: 01/02/2014) | |||
| 2014-01-02 | 14 | 0 | ORDER: Pursuant to Administrative Order No. 176, it is hereby ORDERED that the Clerk shall TRANSFER this case to Judge Campbell as a case related to an earlier-filed case assigned to him, Case No. 3:11-0749. The Initial Case Management Conference set for January 6, 2014 is CANCELLED. It is so ORDERED. Case reassigned to District Judge Todd J. Campbell for all further proceedings. District Judge Aleta A. Trauger no longer assigned to case. Signed by District Judge Aleta A. Trauger on 1/2/14. (afs) (Entered: 01/02/2014) | |||
| 2014-01-03 | 15 | 0 | ORDER: This case is REFERRED to Magistrate Judge Bryant for customized case management in accordance with Local Rule 16.01. This case shall be set for trial upon completion of the initial case management conferenceby order of the District Judge in accordance with the procedures of Local Rule 16.01(d)(5). IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 1/3/14. (afs) (Entered: 01/03/2014) | |||
| 2014-01-07 | 16 | 0 | ORDER: This matter has been referred to the undersigned Magistrate Judge for management of the case (Docket Entry No. 15 ). An initial case management conference is set for Tuesday, January 14, 2014, at 10:00 a.m. in Courtroom 776, U.S. Courthouse, 801 Broadway, Nashville, Tennessee. It is so ORDERED. Signed by Magistrate Judge John S. Bryant on 1/7/14. (afs) (Entered: 01/07/2014) | |||
| 2014-01-08 | 17 | 0 | PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (Edwards, Derek) (Entered: 01/08/2014) | |||
| 2014-01-13 | 18 | 0 | RESPONSE in Opposition re 10 MOTION to Dismiss or MOTION to Stay Pursuant to Rule 16(f) of the Federal Rules of Civil Procedure filed by Franklin American Mortgage Corp.. (Attachments: # 1 Attachment Roberts v. Vaughn - Unreported Case in Support, # 2 Attachment RyMed Tech. v. ICU Med. - Unreported Case in Support)(Cain, Charles) (Entered: 01/13/2014) | |||
| 2014-01-14 | 19 | 0 | INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 6/30/2014. Discovery due by 10/10/2014. Dispositive Motions due by 11/21/2014. Signed by Magistrate Judge John S. Bryant on 1/14/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 01/14/2014) | |||
| 2014-01-22 | 20 | 0 | ORDER: Jury Trial set for 4/28/2015 09:00 AM in Courtroom 874 before District Judge Todd J. Campbell. Pretrial Conference set for 4/20/2015 10:30 AM in Courtroom 874 before District Judge Todd J. Campbell. Exhibit List due by 4/13/2015. Witness List due by 4/13/2015. Joint Proposed Pretrial Order due by 4/13/2015. Signed by District Judge Todd J. Campbell on 1/22/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 01/22/2014) | |||
| 2014-01-24 | 21 | 0 | MOTION for Leave to [Allow] First Educators Credit Union and John Wheeler to Each File an Amended Answer and Affirmative Defenses to Plaintiff's Verified Complaint re 1 Notice of Removal, by First Educators Credit Union, John Wheeler. (Edwards, Derek) (Entered: 01/24/2014) | |||
| 2014-01-24 | 22 | 0 | MEMORANDUM in Support of 21 MOTION for Leave to [Allow] First Educators Credit Union and John Wheeler to Each File an Amended Answer and Affirmative Defenses to Plaintiff's Verified Complaint re 1 Notice of Removal, filed by First Educators Credit Union, John Wheeler . (Attachments: # 1 Exhibit A: Amended Answer of Defendant First Educators Credit Union, # 2 Exhibit B: Amended Answer of Defendant John Wheeler)(Edwards, Derek) (Entered: 01/24/2014) | |||
| 2014-01-24 | 23 | 0 | MOTION for Leave to File Reply Memorandum of Law of Defendants First Educators Credit Union and John Wheeler in Further Support of Motion to Dismiss or Stay Pursuant to Rule 16(F) of the Federal Rules of Civil Procedure re 10 MOTION to Dismiss or MOTION to Stay Pursuant to Rule 16(f) of the Federal Rules of Civil Procedure by First Educators Credit Union, John Wheeler. (Attachments: # 1 Attachment Reply Memorandum of Law of Defendants First Educators Credit Union and John Wheeler in Further Support of Motion to Dismiss or Stay Pursuant to Rule 16(F) of the Federal Rules of Civil Procedure, # 2 Exhibit A: Second Declaration of Derek W. Edwards, # 3 Exhibit B: Chorazghiazad v. City of Mount Juliet, # 4 Exhibit C: DiGennaro v. Whitehair, # 5 Exhibit D: Dillard v. Bank of America, N.A., # 6 Exhibit E: Durgin v. Crescent Towing & Salvage, Inc., # 7 Exhibit F: Freeman v. Barker, # 8 Exhibit G: Hershey v. Capital Realty Services, Inc., # 9 Exhibit H: Hutchins v. United Parcel Service, # 10 Exhibit I: Jefferson v. Ferrer, Poirot, and Wansbrough, # 11 Exhibit J: LG Sciences, LLC v. Putz, # 12 Exhibit K: Pulley v. Astrue, # 13 Exhibit L: RyMed Technologies Inc. v. ICU Medical Inc., # 14 Exhibit M: Shearer v. Adams, # 15 Exhibit N: Simmons v. Countrywide Home Loans, # 16 Exhibit O: Smith v. Communications Works of America, # 17 Exhibit P: Travelers Casualty & Surety Co. of Am. v. Lawyer's Title Insur. Corp., # 18 Exhibit Q: Wendy's of Bowling Green Inc. v. Marsh USA Inc., # 19 Exhibit R: Wiehe v. Zimmerman)(Edwards, Derek) (Entered: 01/24/2014) | |||
| 2014-01-24 | 24 | 0 | ORDER: Pending before the Court is Defendants Motion for Leave to File Reply Memorandum of Law (Docket No. 23 ). The Motion is GRANTED, and the Clerk shall file the Reply Memorandum attached to the Motion as a separately-numbered docket entry. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 1/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 01/24/2014) | |||
| 2014-01-24 | 25 | 0 | REPLY Memorandum filed by First Educators Credit Union, John Wheeler re 10 Motion to Dismiss, Motion to Stay filed by John Wheeler, First Educators Credit Union. (Attachments: # 1 Exhibit A-Second Declaration of Derek W. Edwards, # 2 Exhibit B- Chorazghiazad v. City of Mount Juliet, # 3 Exhibit C-DiGennaro v. Whitehair, # 4 Exhibit D- Dillard v. Bank of America, N.A., # 5 Exhibit E- Durgin v. Crescent Towing & Salvage, Inc., # 6 Exhibit F-Freeman v. Barker, # 7 Exhibit G-Exhibit G: Hershey v. Capital Realty Services, Inc., # 8 Exhibit H-Exhibit H: Hutchins v. United Parcel Service, # 9 Exhibit I-Jefferson v. Ferrer, Poirot, and Wansbrough, # 10 Exhibit J- LG Sciences, LLC v. Putz, # 11 Exhibit K-Exhibit K: Pulley v. Astrue, # 12 Exhibit L-RyMed Technologies Inc. v. ICU Medical Inc, # 13 Exhibit M-Shearer v. Adams,, # 14 Exhibit N-Simmons v. Countrywide Home Loans, # 15 Exhibit O-Smith v. Communications Works of America,, # 16 Exhibit P-Travelers Casualty & Surety Co. of Am. v. Lawyer's Title Insur. Corp, # 17 Exhibit Q-Wendy's of Bowling Green Inc. v. Marsh USA Inc., # 18 Exhibit R-Wiehe v. Zimmerman)(afs) (Entered: 01/24/2014) | |||
| 2014-01-28 | 26 | 0 | MOTION for Leave to to File Sur-Reply in Opposition to Motion to Dismiss or Stay re 10 MOTION to Dismiss or MOTION to Stay Pursuant to Rule 16(f) of the Federal Rules of Civil Procedure by Franklin American Mortgage Corp.. (Attachments: # 1 Attachment Proposed Sur-Reply in Opposition)(Cain, Charles) (Entered: 01/28/2014) | |||
| 2014-01-28 | 27 | 0 | ORDER: Pending before the Court is Plaintiffs Motion for Leave to File Sur- Reply in Opposition to Defendants Motion to Dismiss or Stay (Docket No. 26 ). The Motion is GRANTED, and the Clerk shall file the Sur-Reply attached to the Motion. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 1/28/14. (afs) (Entered: 01/28/2014) | |||
| 2014-01-28 | 28 | 0 | PLAINTIFF'S SUR-REPLY IN OPPOSITION TO DEFENDANTS' re 10 Motion to Dismiss, Motion to Stay filed by John Wheeler, First Educators Credit Union. filed by Franklin American Mortgage Corp. (afs) (Entered: 01/28/2014) | |||
| 2014-02-07 | 29 | 0 | MEMORANDUM OPINION OF THE COURT. Signed by District Judge Todd J. Campbell on 2/7/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 02/07/2014) | 2014-02-08 07:44:00 | 4fa92794c1cf209f6c195f948d8bfed81b79a800 | |
| 2014-02-07 | 30 | 0 | ORDER: Pending before the Court is Defendants Motion to Dismiss or Stay (Docket No. 10 ). For the reasons stated in the accompanying Memorandum, Defendants Motion is DENIED. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 2/7/14. (afs) (Entered: 02/07/2014) |