Date: 03-06-2018

Case Style:

Case Number: 3:16-cv-02880

Judge: Aleta A. Trauger

Court: United States District Court for the Middle District of Tennessee (Davidson County)

Plaintiff's Attorney: Clinton L. Kelly and F. Dulin Kelly

Defendant's Attorney: Barry L. Howard, Jeanne Mullin and William R. Meyers

Description: Dashville, TNonna Jane Duncan sued CVS Pharmacy, LLC on a negligence theory.

ate Filed # Docket Text
02/08/2018 19 SEALED PER DE 35 NOTICE of Filing by Tennessee CVS Pharmacy L.L.C. (Attachments: # 1 Attachment Deposition, # 2 Exhibit Deposition, # 3 Exhibit Deposition, # 4 Exhibit Deposition)(Meyer, William) Modified on 2/16/2018 (afs). (Entered: 02/08/2018)
02/08/2018 20 SEALED PER DE 35 NOTICE of Filing by Tennessee CVS Pharmacy L.L.C. (Attachments: # 1 Exhibit Deposition transcript, # 2 Exhibit exhibit, # 3 Exhibit exhibit, # 4 Exhibit exhibit, # 5 Exhibit exhibit)(Meyer, William) Modified on 2/16/2018 (afs). (Entered: 02/08/2018)
02/08/2018 21 SEALED PER DE 35 NOTICE of Filing by Tennessee CVS Pharmacy L.L.C. (Attachments: # 1 Attachment Deposition transcript)(Meyer, William) Modified on 2/16/2018 (afs). (Entered: 02/08/2018)
02/09/2018 22 MOTION in Limine by Tennessee CVS Pharmacy L.L.C.. (Meyer, William) (Entered: 02/09/2018)
02/09/2018 23 MOTION in Limine by Donna Jane Duncan. (Attachments: # 1 Exhibit Deposition of Dr. Griffin)(Kelly, Clinton) (Entered: 02/09/2018)
02/12/2018 Notice to Filer re DE 20 : Counsel failed to include the mandatory description of the attached exhibits. The exhibits shall be REFILED by filing a Notice of Filing and attaching the exhibits with the mandatory brief description. (EXAMPLE: Attachments: # 1 Exhibit 1 Police Report dated 1/1/06, # 2 Exhibit 2 Unreported Case Smith v. Jones). (afs) (Entered: 02/12/2018)
02/12/2018 24 RESPONSE to 22 MOTION in Limine filed by Donna Jane Duncan. (Attachments: # 1 Exhibit A - deposition transcript of Molly Duncan, # 2 Exhibit B - treatise, # 3 Exhibit C - deposition transcript of Dr. Griffin, # 4 Exhibit E - FDA label, # 5 Exhibit F - deposition transcript of Dr. Delk)(Kelly, Clinton) Modified on 2/15/2018 (afs). (Entered: 02/12/2018)
02/12/2018 25 MOTION File Exhibit Manually re 24 Response to Motion, by Donna Jane Duncan. (Kelly, Clinton) (Entered: 02/12/2018)
02/12/2018 26 SEALED PER DE 35 NOTICE of Filing by Tennessee CVS Pharmacy L.L.C. (Attachments: # 1 Attachment Deposition transcript, # 2 Exhibit Prescription Infomation, # 3 Exhibit Medical Records, # 4 Exhibit Medical Bill, # 5 Exhibit CV of Dr. Delk)(Meyer, William) Modified on 2/16/2018 (afs). (Entered: 02/12/2018)
02/12/2018 27 ORDER granting 25 Motion to File Exhibit Manually. Signed by District Judge Aleta A. Trauger on 2/12/18. (afs) (Entered: 02/13/2018)
02/13/2018 DOCKET ANNOTATION: Docket Numbers 19, 20, 21, and 26 were sealed by the court as they contain unredacted personal information. Counsel will file a motion to permanently seal these entries and will file any necessary redacted documents. (ds) (Entered: 02/13/2018)
02/13/2018 28 MOTION to Seal Document by Tennessee CVS Pharmacy L.L.C.. (Meyer, William) (Entered: 02/13/2018)
02/14/2018 29 NOTICE of Withdrawal of Certain Affirmative Defenses by Tennessee CVS Pharmacy L.L.C. (Meyer, William) Modified Text on 2/15/2018 (afs). (Entered: 02/14/2018)
02/14/2018 30 STIPULATION by Tennessee CVS Pharmacy L.L.C.. (Meyer, William) (Entered: 02/14/2018)
02/14/2018 RECEIPT of Manual Filing by Donna Jane Duncan re 27 Order granting Motion to Manual File Exhibit. Disc Forwarded to Judge Trauger's Chambers. (afs) (Entered: 02/15/2018)
02/15/2018 31 NOTICE of Filing by Tennessee CVS Pharmacy L.L.C. (Attachments: # 1 Attachment Deposition Transcript)(Meyer, William) (Entered: 02/15/2018)
02/16/2018 32 STIPULATION As to Plaintiff's Medical Records by Tennessee CVS Pharmacy L.L.C.. (Meyer, William) (Entered: 02/16/2018)
02/16/2018 33 STIPULATION Correction to Stipulation No. 2 by Tennessee CVS Pharmacy L.L.C.. (Meyer, William) (Entered: 02/16/2018)
02/16/2018 34 OBJECTIONS Defendant's Objection Log to Videotaped Deposition of Aubrey Michael Delk, MD. (Meyer, William) (Entered: 02/16/2018)
02/16/2018 35 ORDER granting 28 Motion to Seal Document. Signed by District Judge Aleta A. Trauger on 2/16/18. (afs) (Entered: 02/16/2018)
02/19/2018 36 Proposed Pretrial Order Joint by Donna Jane Duncan. (Kelly, Clinton) (Entered: 02/19/2018)
02/20/2018 37 RESPONSE in Opposition re 23 MOTION in Limine #1 filed by Tennessee CVS Pharmacy L.L.C.. (Meyer, William) (Entered: 02/20/2018)
02/20/2018 38 RESPONSE in Support re 22 MOTION in Limine filed by Tennessee CVS Pharmacy L.L.C.. (Meyer, William) (Entered: 02/20/2018)
02/20/2018 39 Witness List & Exhibit List by Tennessee CVS Pharmacy L.L.C.. (Meyer, William) (Entered: 02/20/2018)
02/20/2018 40 STIPULATION - Joint Stipulation by Donna Jane Duncan. (Kelly, Clinton) (Entered: 02/20/2018)
02/20/2018 41 Witness List and Exhibit List by Donna Jane Duncan. (Kelly, Clinton) (Entered: 02/20/2018)
02/20/2018 42 NOTICE of Filing by Donna Jane Duncan re 29 Notice (Other) Plaintiff's Memorandum Regarding Defendant's Withdrawn Comparative Fault Defense (Kelly, Clinton) (Entered: 02/20/2018)
02/20/2018 43 NOTICE of Filing by Donna Jane Duncan Expert Witness Statement for Dr. Timothy Allen (Kelly, Clinton) (Entered: 02/20/2018)
02/20/2018 44 NOTICE of Filing by Tennessee CVS Pharmacy L.L.C. Expert Witness Statement for Dr. John Griffin (Meyer, William) (Entered: 02/20/2018)
02/21/2018 45 MOTION to Strike Certain Portions of Dr. Griffin's Expert Narrative As Untimely by Donna Jane Duncan. (Kelly, Clinton) (Entered: 02/21/2018)
02/21/2018 46 Additional Attachments to Main Document re: 45 MOTION to Strike Certain Portions of Dr. Griffin's Expert Narrative As Untimely. (Attachments: # 1 Exhibit Defendant's Rule 26 Expert Disclosures, # 2 Exhibit Deposition of Dr. Griffin)(Kelly, Clinton) (Entered: 02/21/2018)
02/22/2018 47 Proposed Jury Instructions by Donna Jane Duncan. (Attachments: # 1 Attachment Plaintiff's Special Jury Charge #1)(Kelly, Clinton) (Entered: 02/22/2018)
02/22/2018 48 Proposed Jury Verdict Form by Donna Jane Duncan. (Kelly, Clinton) (Entered: 02/22/2018)
02/22/2018 49 RESPONSE in Opposition re 45 MOTION to Strike Certain Portions of Dr. Griffin's Expert Narrative As Untimely to Plaintiff's Motion to Strike Portions of Expert Witness Statement for Dr. John Griffin filed by Tennessee CVS Pharmacy L.L.C.. (Meyer, William) (Entered: 02/22/2018)
02/23/2018 50 AFFIDAVIT re 24 Response to Motion, Affidavit of Molly Duncan by Donna Jane Duncan. (Kelly, Clinton) (Entered: 02/23/2018)
02/23/2018 Minute Entry for proceedings held before District Judge Aleta A. Trauger: Pretrial Conference held on 2/23/2018. (Court Reporter Roxann Harkins.) (kb) (Entered: 02/26/2018)

Outcome: 03/06/2018 51 JOINT STIPULATION of Dismissal by Tennessee CVS Pharmacy L.L.C.. (Meyer, William) Modified TEXT on 3/7/2018 (afs). (Entered: 03/06/2018)
03/07/2018 52 JOINT STIPULATION OF DISMISSAL: As evidenced by the signatures of counsel for the plaintiff, Donna Jane Duncan, and defendant, Tennessee CVS Pharmacy, L.L.C., the parties stipulate to the dismissal of this matter with prejudice. Thus, the plaintiff and defendant have agreed to the dismissal of the matter with prejudice. Any remaining costs are taxed to the plaintiff. It is hereby ORDERED, ADJUDGED, and DECREED that this matter is dismissed with prejudice. IT IS SO ORDERED. Signed by District Judge Aleta A. Trauger on 3/7/18. (afs) (Entered: 03/07/2018)

Plaintiff's Experts:

Defendant's Experts:

Comments: