Docket as of September 18, 2003 8:08 pm Web PACER (v2.4)



U.S. District Court

MIDDLE DISTRICT OF TENNESSEE (Nashville)

CIVIL DOCKET FOR CASE #: 03-CV-32

Society of Lloyd's v. Shields, et al

Filed: 01/10/03
Assigned to: Judge Todd J. Campbell
Jury demand: Defendant
Demand: $0,000
Nature of Suit: 150
Lead Docket: None
Jurisdiction: Diversity
Dkt# in other court: None
Cause: 28:1332 Diversity-Overpayment & Enforcement of Judgment




SOCIETY OF LLOYD'S, THE           Robert Jackson Walker
     pltf                         [COR LD]
                                  W. Scott Sims
                                  [COR LD NTC]
                                  Walker, Bryant, Tipps & Malone
                                  2300 One Nashville Place
                                  150 Fourth Avenue, N
                                  Nashville, TN 37219-2415
                                  (615) 313-6000

   v.

BEN P. SHIELDS                    Charles W. Cook, III
     deft                         [COR LD NTC]
                                  Stokes, Bartholomew, Evans &
                                  Petree
                                  Third National Financial Center
                                  424 Church Street
                                  Suite 2800
                                  Nashville, TN 37219-0058
                                  (615) 259-1450

                                  John McQuiston, II
                                  [COR LD NTC]
                                  Stokes, Bartholomew, Evans &
                                  Petree, P.A.
                                  1000 Ridgeway Loop Road
                                  Suite 200
                                  Memphis, TN 38120
                                  (901) 525-6781

                                  Theodore William Grippo, Jr.
                                  [COR LD NTC]
                                  Lindenbaum, Coffman, Kurlander,
                                  Brisky & Grippo, Ltd.
                                  70 W Madison Street

                                  Suite 2315
                                  Chicago, IL 60602-4206
                                  (312) 855-4410

MARGARET WOOD JONES               Charles W. Cook, III
     deft                         (See above)
                                  [COR LD NTC]

                                  John McQuiston, II
                                  (See above)
                                  [COR LD NTC]

                                  Theodore William Grippo, Jr.
                                  (See above)
                                  [COR LD NTC]

MARGARET W. NICHOL                Charles W. Cook, III
     deft                         (See above)
                                  [COR LD NTC]

                                  John McQuiston, II
                                  (See above)
                                  [COR LD NTC]

                                  Theodore William Grippo, Jr.
                                  (See above)
                                  [COR LD NTC]

KATHERINE HARWOOD GOOCH           Charles W. Cook, III
     deft                         (See above)
                                  [COR LD NTC]

                                  John McQuiston, II
                                  (See above)
                                  [COR LD NTC]

                                  Theodore William Grippo, Jr.
                                  (See above)
                                  [COR LD NTC]





DOCKET     PROCEEDINGS



DATE     #                   DOCKET     ENTRY


1/10/03 1 COMPLAINT (Summons issued) Filing fee paid in the amount of: 150.00 Receipt # 89709. (w/attached Exhibits A-G) (ot) [Entry date 01/24/03]
1/10/03 2 NOTICE of Initial Case Management Conference Case referred to Magistrate Judge Juliet E. Griffin; Case Management Conference set for 11:00 3/3/03 (ot) [Entry date 01/24/03]
1/28/03 3 MOTION by defts for attorney John McQuiston, II to appear pro hac vice (ot) [Entry date 01/29/03]
1/28/03 4 NOTICE by defts of filing of certificate of good standing of John McQuiston, II. (w/attached certificate of good standing) (ot) [Entry date 01/29/03]
1/28/03 5 CERTIFICATE of Good Standing from USDC, WD/TN filed by defts for John McQuiston, II. (ot) [Entry date 01/29/03]
1/30/03 6 RETURN OF SERVICE executed upon deft Margaret Wood Jones on 1/22/03 by certified mail. (ot) [Entry date 01/31/03]
1/30/03 7 RETURN OF SERVICE executed upon deft Margaret W. Nichol on 1/15/03 by certified mail. (ot) [Entry date 01/31/03]
1/30/03 8 RETURN OF SERVICE executed upon deft Katherine Harwood Gooch on 1/16/03 by certified mail. (ot) [Entry date 01/31/03]
1/30/03 9 ORDER by Magistrate Judge Juliet E. Griffin granting motion for attorney John McQuiston, II to appear pro hac vice [3-1] by defts. EOD 01/31/03 (cc: all counsel) (ot) [Entry date 01/31/03]
2/3/03 -- PROPOSED Agreed Order granting extension of time through 03/03/03 to answer or respond to complaint (ot) [Entry date 02/04/03]
2/5/03 10 AGREED ORDER by Magistrate Judge Juliet E. Griffin granting defts an extension of time through 03/03/03 to answer or respond to complaint. EOD 02/06/03 (cc: all counsel) (ot) [Entry date 02/06/03]
2/11/03 11 MOTION by defts for attorney Theodore William Grippo, Jr. to appear pro hac vice (ot) [Entry date 02/12/03]
2/11/03 12 NOTICE by defts of filing of certificate of good standing of Thomas William Grippo, Jr. (w/attached certificate of good standing) (ot) [Entry date 02/12/03]
2/11/03 13 CERTIFICATE of Good Standing from USDC, ND/IL filed by defts for Theodore William Grippo, Jr. (ot) [Entry date 02/12/03]
2/14/03 14 ORDER by Magistrate Judge Juliet E. Griffin granting motion for attorney Theodore William Grippo, Jr. to appear pro hac vice [11-1] by defts. EOD 2/18/03 (cc: all counsel) (gi) [Entry date 02/18/03]
2/20/03 15 ORDER by Magistrate Judge Juliet E. Griffin: Case Management Conference reset for 1:00 on 3/10/03. EOD 2/21/03 (cc: all counsel) (gi) [Entry date 02/21/03]
3/3/03 16 ANSWER by defts to [1-1]; jury demand (ot) [Entry date 03/05/03]
3/5/03 -- PROPOSED Initial Case Management Order (ot)
3/5/03 -- PROPOSED Initial Case Management Order (ot) [Entry date 03/06/03]
3/11/03 17 ORDER by Magistrate Judge Juliet E. Griffin: Initial Case Management Conference held 3/10/03; plft shall have until 03/31/03 to file a motion for summary judgment, to which the defts shall not be required to respond pending further order; by 04/23/03 parties shall file a joint statement of disputed issues and separate briefs, inter alia. Parties shall ensure that a copy of their statement of disputed issues and their respective breifs be delivered to the chambers of the undersigned on or before 04/24/03 by personal delivery or facsimile. A hearing is scheduled on 04/28/03 at 1:00 to address the defts' request for discovery prior to responding to the pltf's motion for summary judgment. EOD 03/11/03 (cc: all counsel) (ot)
3/31/03 18 MOTION by pltf Society of Lloyd's for summary judgment (ot) [Entry date 04/01/03]
3/31/03 19 MEMORANDUM by pltf Society of Lloyd's in support of motion for summary judgment [18-1]. (w/attached Exhibits 1-10) (ot) [Entry date 04/01/03]
3/31/03 20 STATEMENT of undisputed material facts by pltf Society of Lloyd's in support of [18-1] (ot) [Entry date 04/01/03]
3/31/03 21 NOTICE by pltf Society of Lloyd's of filing declaration of Nicholas P. Demery in support of motion for summary judgment [18-1]. (w/attached copy of declaration w/attached Exhibits A-G) (ot) [Entry date 04/01/03]
4/8/03 22 NOTICE by pltf Society of Lloyd's of filing original declaration of Nicholas P Demery. (w/attached declaration of Nicholas P. Demery) (ot) [Entry date 04/09/03]
4/8/03 23 DECLARATION by pltf Society of Lloyd's or Nicholas P. Demery re [18-1] (ot) [Entry date 04/09/03]
4/23/03 24 JOINT STATEMENT of disputed issues submitted by parties (vm) [Entry date 04/24/03]
4/23/03 25 BRIEF by defts in accordance with order of 3/11/03 concerning discovery needed by defts prior to responding to pltf's mtn for summary judgment (w/att'd exhibits A-G) (vm) [Entry date 04/24/03]
4/23/03 26 MEMORANDUM by pltf opposing defts' request for discovery prior to resolution of pltf's mtn for summary judgment (w/att'd exhibits A-C) (vm) [Entry date 04/24/03]
4/23/03 27 NOTICE by pltf of filing second declaration of Nicholas P. Demery (w/att'd cy of decl of Nicholas P. Demery) (vm) [Entry date 04/24/03]
5/6/03 28 NOTICE by pltf Society of Lloyd's of original second declaration of Nicholas P. Demery (w/att'd decl) (vm) [Entry date 05/07/03]
5/6/03 29 SECOND DECLARATION of Nicholas P. Demery by pltf Society of Lloyd's re [26-1] (vm) [Entry date 05/07/03]
5/19/03 30 ORDER by Magistrate Judge Juliet E. Griffin: A hearing was held 4/28/03 to address defts' requests for discovery prior to responding to pltf's motion for summary judgment. The Court found that it appeared that defts could adequately respond to the pending motion for summary judgment without the extensive discovery requested. The Court did grant defts' request for discovery to the limited extent that pltf was ordered to produce by 5/19/03 the discovery as outlined in this order. Defts shall have until 7/7/03 to file a response to pltf's motion for summary judgment [18-1]. Pltf shall have until 7/21/03 to file a reply. The Clerk is directed to forward the file in this case to Judge Nixon for his consideration of pltf's motion for summary judgment. Terminating case referral to Magistrate Judge Juliet E. Griffin. (cc: all counsel) EOD 5/19/03 (vm)
5/29/03 31 MOTION by defts for review of Magistrate's decision entered on 5/19/03 (vm)
5/29/03 32 MOTION by defts to exceed page limits in memorandum in support of motion for review (w/att'd memorandum) (vm)
6/6/03 33 ORDER by Judge John T. Nixon granting defts' motion to exceed page limits in memorandum in support of motion for review [32-1]. (cc: all counsel) EOD 6/6/03 (vm)
6/6/03 34 MEMORANDUM by defts in support of motion for review of Magistrate's decision entered on 5/19/03 [31-1] (w/attachments) (vm)
6/10/03 35 RESPONSE by pltf Society of Lloyd's to motion for review of Magistrate's decision entered on 5/19/03 [31-1] (w/att'd exhibits A-H) (vm) [Entry date 06/11/03]
6/10/03 36 MOTION by pltf Society of Lloyd's for oral argument on defts' motion for review of Magistrate decision (vm) [Entry date 06/11/03]
6/11/03 37 STIPULATIONS OF FACT for purposes of pltf's motion for summary judgment re [18-1] (vm)
7/7/03 38 MOTION by defts to exceed page limits on response to motion for summary judgment (w/att's response to pltf's mtnf for s/j w/supporting documents) (vm) [Entry date 07/08/03]
7/11/03 39 ORDER by Judge John T. Nixon granting motion to exceed page limit [38-1]. EOD 7/11/03 (cc: all counsel) (gi)
7/11/03 40 RESPONSE by defts to motion for summary judgment [18-1] (gi)
7/11/03 41 APPENDIX (A-L) filed by defts re [40-1] (gi)
7/11/03 42 RESPONSE by defts to pltf's statement of undisputed material facts [20-1] (gi)
7/11/03 43 AFFIDAVIT of Michael David Freeman re [40-1] (w/attachments) (gi)
7/11/03 44 REQUEST by defts for admissions concerning exhibits (gi)
7/14/03 45 AFFIDAVIT of John McQuiston, II re documents contained in appendix to defts' response to motion for summary judgment [41-1] (w/attachment) (vm) [Entry date 07/15/03]
7/21/03 46 REPLY by pltf Society of Lloyd's in support of motion for summary judgment [18-1] (w/att'd exhibits A-G) (vm)
8/18/03 47 MOTION by defts for leave to file sur-rebuttal in opposition to pltf's motion for summary judgment (w/att'd sur-rebuttal) (vm) [Entry date 08/19/03]
8/22/03 48 ORDER by Judge John T. Nixon: Pursuant to 28 USC Section 294(b) case is reassigned to Judge Todd J. Campbell. (cc: all counsel) EOD 8/25/03 (vm) [Entry date 08/25/03]
8/27/03 49 ORDER by Judge Todd J. Campbell granting defts' motion for leave to file sur-rebuttal in opposition to pltf's motion for summary judgment [47-1]. The Clerk is directed to file defts' sur-rebuttal. (cc: all counsel) EOD 8/27/03 (vm)
8/27/03 50 SUR-REBUTTAL by defts in opposition to motion for summary judgment [18-1] (vm)
8/28/03 51 MOTION by pltf Society of Lloyd's for leave to file response to defts' sur-rebuttal in opposition to mtn for summary judgment (vm) [Entry date 08/29/03]
9/2/03 52 MAIL Returned [48-1] addressed to Atty Grippo; resent to updated address (gi) [Entry date 09/03/03]
9/9/03 53 ORDER by Judge Todd J. Campbell: Pltf's motion for leave to file response to defts' sur-rebuttal in opposition to for summary judgment [51-1] is granted and pltf may file by 9/17/03 its responses; Jury trial is set for 9:00 a.m. on 6/1/04; pretrial conference is set for 1:00 p.m. on 5/21/04; joint proposed pretrial order ddl 5/18/04; the partie shall also submit to the Court by 5/18/04 the following: joint proposed jury instructions and verdict forms, witness lists, exhibit lists, and any stipulations; mtns in limine and any mtns objecting to expert testimony shall be filed by 5/7/04; any responses to such mtns shall be filed by 5/18/04. (cc: all counsel) EOD 9/9/03 (vm)
9/17/03 54 Response by pltf Society of Lloyd's to defts' sur-rebuttal in opposition to motion for summary judgment [18-1] (ot) [Entry date 09/18/03]



Case Flags:
CM50BB




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