Case details

Court: tnmd
Docket #: 3:15-cv-01441
Case Name: Gaffney v. Kentucky Higher Education Student Loan Corporation
PACER case #: 64518
Date filed: 2015-12-08
Assigned to: District Judge Aleta A. Trauger
Referred to: Magistrate Judge John S. Bryant (Settlement)
Case Cause: 15:1692 Fair Debt Collection Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Jennifer Gaffney
Plaintiff
 
Alan C. Lee
Law Office of Alan C. Lee
P O Box 1357
Talbott, TN 37877-1357
(423) 581-0924
Email: aleeattorney@gmail.com
ATTORNEY TO BE NOTICED

Brent S. Snyder
Law Office of Brent Snyder
2125 Middlebrook Pike
Knoxville, TN 37921
(865) 264-3328
Fax: (865) 546-5777
Email: brentsnyder77@gmail.com
ATTORNEY TO BE NOTICED

Everett H. Mechem
Mechem Law Firm
220 Broad Street
Suite 206
Kingsport, TN 37660
(423) 207-1300
Fax: (423) 370-1717
Email: mechem@mechemlaw.com
TERMINATED: 09/15/2016
Kentucky Higher Education Student Loan Corporation
Defendant
 
Darrell G. Townsend
Howell & Fisher, PLLC
300 James Robertson Parkway
Court Square Building
Nashville, TN 37201-1107
(615) 244-3370
Fax: (615) 244-3518
Email: dtownsend@howell-fisher.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-12-08 1 0 COMPLAINT against Kentucky Higher Education Student Loan Corporation, filed by Jennifer Gaffney. $400 Filing fee paid -via Credit Card. NO summons issued. (Attachments: # 1 Attachment Civil Cover Sheet)(eh) (Entered: 12/08/2015)
2015-12-08 2 0 NOTICE of Corporate Disclosure Statement filing requirement. (eh) (Entered: 12/08/2015)
2015-12-08 3 0 NOTICE of Initial Case Management Conference set for 2/22/2016 at 04:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (eh) (Entered: 12/08/2015)
2015-12-11 4 0 Summons issued as to Kentucky Higher Education Student Loan Corporation. (eh) (Entered: 12/14/2015)
2015-12-14 5 0 SUMMONS returned executed by Jennifer Gaffney. Kentucky Higher Education Student Loan Corporation served on 12/10/2015. (Attachments: # 1 Attachment Return Receipt)(Mechem, Everett) (Entered: 12/14/2015)
2016-01-15 6 0 NOTICE of Appearance by Darrell G. Townsend on behalf of Kentucky Higher Education Student Loan Corporation (Townsend, Darrell) (Entered: 01/15/2016)
2016-01-19 7 0 MOTION for Extension of Time to File Answer re 1 Complaint by Kentucky Higher Education Student Loan Corporation. (Townsend, Darrell) (Entered: 01/19/2016)
2016-01-20 8 0 ORDER granting 7 Motion for Extension of Time to Answer. Kentucky Higher Education Student Loan Corporation answer due 2/5/2016.. Signed by District Judge Aleta A. Trauger on 1/20/2016. (eh) (Entered: 01/20/2016) 2017-02-14 14:11:35 4e3ef197c11e7b9ccbc1d2ad38d0a270dce68da8
2016-02-05 9 0 MOTION to Dismiss by Kentucky Higher Education Student Loan Corporation. (Townsend, Darrell) (Entered: 02/05/2016)
2016-02-05 10 0 MEMORANDUM in Support of 9 MOTION to Dismiss filed by Kentucky Higher Education Student Loan Corporation . (Townsend, Darrell) (Entered: 02/05/2016)
2016-02-16 11 0 STIPULATION re 9 MOTION to Dismiss by Jennifer Gaffney. (Attachments: # 1 Attachment Order)(Mechem, Everett) (Entered: 02/16/2016)
2016-02-16 12 0 PROPOSED CASE MANAGEMENT ORDER Initial filed by Kentucky Higher Education Student Loan Corporation. (Townsend, Darrell) (Entered: 02/16/2016)
2016-02-18 13 0 ORDER: Given the pendency of a Motion to Dismiss it is hereby ORDERED that the initial case management conference scheduled for February 22, 2016 is CONTINUED, to be reset, if appropriate, following a decision on this motion. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 2/18/2016. (eh) (Entered: 02/18/2016)
2016-02-29 14 0 RESPONSE in Opposition re 9 MOTION to Dismiss under 12(b)(1) filed by Jennifer Gaffney. (Mechem, Everett) (Main Document 14 replaced on 3/3/2016) (eh). (Entered: 02/29/2016)
2016-03-02 15 0 MOTION for Leave to re 14 Response in Opposition to Motion by Jennifer Gaffney. (Attachments: # 1 Exhibit Corrected Response)(Mechem, Everett) (Entered: 03/02/2016)
2016-03-03 16 0 ORDER granting 15 Motion for Leave to file Replacement Document. Signed by District Judge Aleta A. Trauger on 3/3/2016. (eh) (Entered: 03/03/2016)
2016-03-07 17 0 RESPONSE in Opposition re 9 MOTION to Dismiss Corrected filed by Jennifer Gaffney. (Mechem, Everett) (Entered: 03/07/2016)
2016-03-11 18 0 MOTION for Leave to File Reply Memorandum re 17 Response in Opposition to Motion by Kentucky Higher Education Student Loan Corporation. (Townsend, Darrell) (Entered: 03/11/2016)
2016-03-14 19 0 ORDER granting 18 Motion. Reply to be filed by 3/16/2016. Signed by District Judge Aleta A. Trauger on 3/14/2016. (eh) (Entered: 03/14/2016)
2016-03-16 20 0 DISREGARD ENTRY-Unsigned document - Corrected document filed at Docket Entry #21. REPLY to Response to Motion re 9 MOTION to Dismiss filed by Kentucky Higher Education Student Loan Corporation. (Townsend, Darrell) Modified on 3/17/2016 (ds). (Entered: 03/16/2016)
2016-03-17 21 0 REPLY to Response to Motion re 9 MOTION to Dismiss filed by Kentucky Higher Education Student Loan Corporation. (Townsend, Darrell) (Entered: 03/17/2016)
2016-07-12 22 0 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 7/12/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 07/12/2016)
2016-07-12 23 0 ORDER: Kentucky Higher Education Student Loan Corporation ("KHESLC") has filed a Motion to Dismiss (Docket No. 9 ), to which the plaintiff, Jennifer Gaffney, has filed a Response in Opposition (Docket No. 14), and KHESLC has filed a Reply (Docket No. 21). For the reasons explained in the accompanying memorandum, that motion is DENIED. This case is RESET for an initial case management conference on August 8, 2016, at 4:00 p.m. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 7/12/2016. (eh) (Entered: 07/12/2016)
2016-08-02 24 0 PROPOSED CASE MANAGEMENT ORDER Second filed by Jennifer Gaffney. (Snyder, Brent) (Entered: 08/02/2016)
2016-08-09 25 0 SECOND PROPOSED INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 11/1/2016. Discovery due by 3/1/2017. Motions due by 5/3/2017. Signed by District Judge Aleta A. Trauger on 8/9/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 08/09/2016)
2016-08-09 26 0 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 10/17/2017 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference set for 10/13/2017 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Exhibit List due by 10/10/2017. Witness List due by 10/10/2017. Proposed Pretrial Order due by 10/10/2017. Signed by District Judge Aleta A. Trauger on 8/8/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 08/09/2016)
2016-08-11 27 0 AMENDED COMPLAINT First against Kentucky Higher Education Student Loan Corporation, filed by Jennifer Gaffney.(Snyder, Brent) (Entered: 08/11/2016)
2016-08-25 28 0 ANSWER to 27 Amended Complaint by Kentucky Higher Education Student Loan Corporation.(Townsend, Darrell) (Entered: 08/25/2016)
2016-09-15 29 0 MOTION to Withdraw as Attorney by Jennifer Gaffney. (Attachments: # 1 Attachment Proposed Order)(Snyder, Brent) (Entered: 09/15/2016)
2016-09-15 30 0 ORDER: Counsel for the Plaintiff has moved for an Order for Withdrawal of Plaintiff's counsel, Everett H. Mechem. For good cause shown the Motion is GRANTED and Everett H. Mechem is withdrawn as Attorney of Record for Plaintiff. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 9/15/2016. (eh) (Entered: 09/15/2016)
2016-11-30 31 0 STIPULATION to Extend Time to Disclose Expert by Jennifer Gaffney. (Attachments: # 1 Attachment proposed order)(Snyder, Brent) (Entered: 11/30/2016)
2016-12-15 32 0 JOINT Statement Mediation. (Townsend, Darrell) (Entered: 12/15/2016)
2017-01-20 33 0 MOTION for attorney Alan C. Lee to Appear Pro Hac Vice by Jennifer Gaffney. $75 fee paid. (eh) (Entered: 01/23/2017)
2017-01-20 34 0 CERTIFICATE OF GOOD STANDING of Attorney Alan C. Lee from the United States District Court for the Eastern District of Tennessee filed by Jennifer Gaffney. (eh) (Entered: 01/23/2017)
2017-01-23 35 0 ORDER granting 33 Motion for Alan C. Lee to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 1/23/2017. (eh) (Entered: 01/23/2017)
2017-01-23 36 0 RECEIPT #34675044339 in the amount of $75 re 33 Motion to Appear Pro Hac Vice. (eh) (Entered: 01/23/2017)
2017-02-06 37 0 MOTION for Leave to File a Motion for Partial Summary Judgment by Kentucky Higher Education Student Loan Corporation. (Townsend, Darrell) (Entered: 02/06/2017)
2017-02-07 38 0 ORDER granting 37 Motion for Leave to File A Motion for Partial Summary Judgment. Signed by District Judge Aleta A. Trauger on 2/7/2017. (eh) (Entered: 02/07/2017)
2017-02-07 39 0 MOTION for Partial Summary Judgment by Kentucky Higher Education Student Loan Corporation. (Townsend, Darrell) (Entered: 02/07/2017)
2017-02-07 40 0 MEMORANDUM in Support of 39 MOTION for Partial Summary Judgment filed by Kentucky Higher Education Student Loan Corporation . (Townsend, Darrell) (Entered: 02/07/2017)
2017-02-07 41 0 STATEMENT of facts filed by Kentucky Higher Education Student Loan Corporation in support of 39 Motion for Partial Summary Judgment. (Townsend, Darrell) (Entered: 02/07/2017)
2017-02-08 42 0 **DISREGARD-INCOMPLETE DOCUMENT**. Corrected Document refiled at 46 . MOTION (1) Set Judicial Settlement Conference or Mediation, (2) Cancel Deposition (3) Amend Case Management Order by Kentucky Higher Education Student Loan Corporation. (Townsend, Darrell) Modified on 2/13/2017 (ds). (Entered: 02/08/2017) 2017-02-09 09:26:29 d95dccc78cf8e8cf90675928c56f5a4961fb47af
2017-02-08 43 0 AFFIDAVIT re 42 MOTION (1) Set Judicial Settlement Conference or Mediation, (2) Cancel Deposition (3) Amend Case Management Order by Kentucky Higher Education Student Loan Corporation. (Attachments: # 1 Attachment Notice of Deposition)(Townsend, Darrell) (Entered: 02/08/2017)
2017-02-09 44 0 RESPONSE in Opposition re 46 MOTION (1) Set Judicial Settlement Conference or Mediation, (2) Cancel Deposition (3) Amend Case Management Order filed by Jennifer Gaffney. (Snyder, Brent) Modified on 2/13/2017 (eh). (Entered: 02/09/2017)
2017-02-09 45 0 **DISREGARD-INCOMPLETE DOCUMENT**. Corrected Document refiled at 46 . MOTION 1) Set a Judicial Settlement Conference or Mediation; (2) Cancel a Deposition; and (3) Amend Case Management Order by Kentucky Higher Education Student Loan Corporation. (Townsend, Darrell) Modified on 2/13/2017 (ds). (Entered: 02/09/2017)
2017-02-10 46 0 MOTION (1) Set a Judicial Settlement Conference or Mediation, (2) Cancel Deposition, and (3) Amend Case Management Conference by Kentucky Higher Education Student Loan Corporation. (Townsend, Darrell) (Entered: 02/10/2017)
2017-02-13 47 0 ORDER: The defendant has filed a Motion to: (1) Set a Judicial Settlement Conference or Mediation; (2) Cancel a Rule 30(b)(6) Deposition of Kheslc; and (3) Amend the Case Management Order (Docket No. 46 ), to which the plaintiff has responded in opposition (Docket No. 44). Given the concessions being made by the defendant and defense counsel's optimism that the matter might be resolved in mediation with less time and expense than proceeding with depositions, the defendant's motion is GRANTED. The parties shall arrange a private mediation and file a notice with the court by February 21, 2017 that informs the court of the date of the mediation and the mediator on the court's panel who will conduct the mediation. The Rule 30(b)(6) deposition scheduled for February 17, 2017 is hereby POSTPONED, and the parties are relieved of the present discovery deadline of March 1, 2017, which will be reset by later order of the court. Signed by District Judge Aleta A. Trauger on 2/13/2017. (eh) (Entered: 02/13/2017)
2017-02-16 48 0 MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Partial Summary Judgment by Jennifer Gaffney. (Snyder, Brent) (Entered: 02/16/2017)
2017-02-16 49 0 ORDER granting 48 Motion for Extension of Time to File Response. Signed by District Judge Aleta A. Trauger on 2/16/2017. (eh) (Entered: 02/16/2017)
2017-02-20 50 0 NOTICE OF MEDIATION by Jennifer Gaffney re 47 Order (Snyder, Brent) Modified on 2/21/2017 (eh). (Entered: 02/20/2017)
2017-02-22 51 0 MOTION for Extension of Time to Amend 50 Notice (Other) by Jennifer Gaffney. (Snyder, Brent) (Entered: 02/22/2017)
2017-03-02 52 0 ORDER: The court has suggested to the parties that a mediation/judicial settlement conference with the magistrate judge might be more appropriate in this case than a mediation with a private mediator. Both parties are in agreement. It is therefore ORDERED that this case is REFERRED to the magistrate judge (perhaps recalled Magistrate Judge Bryant) for a judicial settlement conference/mediation, to be scheduled at the convenience of the magistrate judge and the parties. The parties should contact the office of Magistrate Judge Holmes, who is assigned to this case and who will decide which magistrate judge does the mediation, in order to begin the process of scheduling a date. The plaintiffs Motion for Extension of Time (Docket No. 51 ) is DENIED AS MOOT. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 3/2/2017. (eh) (Entered: 03/02/2017)
2017-03-03 53 0 ORDER: A conference call is SCHEDULED for 11:00 a.m., Wednesday, March 15, 2017, to be initiated by counsel for Plaintiff. Counsel may either get all counsel participating on the line and then call the Court at 615-736-5164, or provide a call-in number to all parties, including the Court. If providing a call-in number, counsel shall email a copy of the arrangements to my courtroom deputy at Jeanne_W_Cox@tnmd.uscourts.gov. Signed by Magistrate Judge Barbara D. Holmes on 3/3/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 03/03/2017)
2017-03-16 54 0 ORDER: A telephonic case management conference was held on March 15, 2017, to address the referral of this case for a judicial settlement conference. See Docket Nos. 52 and 53. Counsel participating were: Brent Snyder and Alan Lee for Plaintiff and Darrell Townsend for Defendant. After consultation with Magistrate Judge John Bryant, he is able to accommodate the parties request for a judicial settlement conference on April 26, 2017. This case is therefore REFERRED to Judge Bryant for a settlement conference to be held on April 26, 2017. Judge Bryant will issue a separate order detailing his settlement conference procedures and requirements, including the time at which the settlement conference will begin. It is SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 3/16/2017. (eh) (Entered: 03/16/2017)
2017-03-17 55 0 ORDER: A settlement conference is set for 9:30 a.m., on Wednesday April 26, 2017, in Courtroom (TBD), 801 Broadway, Nashville, Tennessee. Signed by Magistrate Judge John S. Bryant on 3/17/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 03/17/2017)