8 results for 'judge:"Newbern"'.
J. Newbern recommends that the insurance company's dismissal motions be denied in this case arising from a three-vehicle accident and the "state court proceedings related to the accident." The court rules that the company's motions are untimely and insufficient. However, the court also recommends that the case be dismissed without prejudice based on a lack of jurisdiction. The motorist's claims are barred under the Rooker-Feldman doctrine.
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: April 4, 2024, Case #: 3:23cv1244, NOS: Other Contract - Contract, Categories: Insurance, Jurisdiction
J. Newbern recommends that the defendant company's dismissal motion be granted in this lawsuit brought by a small business owner alleging libel and trademark infringement. The pro se plaintiff fails to state a plausible claim for relief against the defendant company, Alphabet, and the complaint should be dismissed pursuant to Rule 12(b)(6).
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: March 4, 2024, Case #: 2:23cv52, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Trademark, Defamation
J. Newbern grants the plaintiff company's request "to obtain certain discovery before responding" to the pending summary judgment motion in this breach of contract case concerning an agreement to sell certain medical devices. The plaintiff company has complied with the "procedural and substantive requirements" and the legal factors weigh in favor of granting the motion. The court will also administratively terminate the summary judgment motion.
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: January 17, 2024, Case #: 3:23cv72, NOS: Other Contract - Contract, Categories: Civil Procedure, Discovery, Contract
J. Newbern recommends that this breach of contract action be transferred to the Northern District of Georgia. The property owner resides in Florida, but the property at issue is located in Georgia, as is the defendant roofing company. Additionally, the owner has not shown that the company waived its venue objections or that "venue in this district is proper, which is his burden."
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: November 14, 2023, Case #: 3:23cv284, NOS: Other Contract - Contract, Categories: Venue, Contract
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