This case was last updated from PACER on 07/15/2019 at 12:00:03 (UTC).

Massachusetts Mutual Life Insurance Company v. RSC - Germantown I, LLC et al

Case Summary

On 03/28/2019 Massachusetts Mutual Life Insurance Company filed a Contract - Other Contract lawsuit against RSC - Germantown I, LLC. This case was filed in U.S. District Courts, Tennessee Western District. The Judges overseeing this case are Sheryl H. Lipman and Charmiane G. Claxton. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-02198

  • Filing Date:

    03/28/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    Tennessee Western District

Judge Details

Presiding Judge

Sheryl H. Lipman

Referral Judge

Charmiane G. Claxton

 

Party Details

Plaintiff and Counter Defendant

Massachusetts Mutual Life Insurance Company

Defendants and Counter Claimants

Germantown - EDE, LLC

Germantown - PCV, LLC

RSC - Germantown I, LLC

The First Mercantile Trust Company

Germantown - NDI, LLC

Germantown - BD, LLC

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Raymond Spencer Clift, III

Attorney at BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC-Memphis

165 Madison Avenue, Suite 2000

Memphis, TN 38103

Zachary A. Kisber

Attorney at BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ-Memphis

165 Madison Ave, Ste 2000

Memphis, TN 38103

Defendant and Counter Claimant Attorneys

Jonathan Edward Nelson

Attorney at BASS BERRY & SIMS PLC- Memphis

100 Peabody Place, Ste. 1300

Memphis, TN 38103

Michael Kapellas

Attorney at BASS BERRY & SIMS PLC- Memphis

100 Peabody Place, Ste. 1300

Memphis, TN 38103

Charles W. Hill

Attorney at GLANKLER BROWN, PLLC

6000 Poplar Avenue, Suite 400

Memphis, TN 38119

 

Court Documents

#44

(#44) RESPONSE in Opposition re #39 MOTION for Judgment on the Pleadings Plaintiff Massachusetts Mutual Life Insurance Company's Response in Opposition to Defendant the First Mercantile Trust Company's Rule 12(c) Motion for Judgment on the Pleadings filed by Massachusetts Mutual Life Insurance Company. (Kisber, Zachary) (Entered: 07/10/2019)

43 #1

Memorandum in Support of Motion for Judgment on the Pleadings

#43

(#43) MOTION for Judgment on the Pleadings by Germantown - BD, LLC, Germantown - EDE, LLC, Germantown - NDI, LLC, Germantown - PCV, LLC, RSC - Germantown I, LLC. (Attachments: #1 Memorandum in Support of Motion for Judgment on the Pleadings)(Nelson, Jonathan) (Entered: 06/28/2019)

#42

(#42) ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO DEPOSIT FUNDS PURSUANT TO FED. R. CIV. P. 67 #32 . Signed by Judge Sheryl H. Lipman on 6/17/19. (shl) (Entered: 06/17/2019)

#41

(#41) AFFIDAVIT re #39 MOTION for Judgment on the Pleadings (Affidavit of Charles W. Hill) by The First Mercantile Trust Company. (Hill, Charles) (Entered: 06/12/2019)

#40

(#40) MEMORANDUM in Support re #39 MOTION for Judgment on the Pleadings filed by The First Mercantile Trust Company. (Hill, Charles) (Entered: 06/12/2019)

#39

(#39) MOTION for Judgment on the Pleadings by The First Mercantile Trust Company. (Hill, Charles) (Entered: 06/12/2019)

#32

(#37) RESPONSE to Motion re #32 MOTION to Deposit Funds Motion for Leave of Court to Deposit Funds Pursuant to Fed. R. Civ. P. 67 filed by Germantown - BD, LLC, Germantown - EDE, LLC, Germantown - NDI, LLC, Germantown - PCV, LLC, RSC - Germantown I, LLC. (Nelson, Jonathan) (Entered: 05/30/2019)

#29

(#38) ANSWER to #29 Answer to Complaint,, Counterclaim, Answer to Counter-Complaint by Massachusetts Mutual Life Insurance Company.(Kisber, Zachary) (Entered: 05/31/2019)

1 #14

Exhibit F: CSD-33 Memphis Early Termination Notice

1 #13

Exhibit E: Amendment to Sublease

1 #10

Exhibit B: FMT Sublease

1 #8

Corporate Disclosure Statement

1 #7

Summons The First Mercantile Trust Company

1 #6

Summons Germantown - EDE, LLC

1 #5

Summons Germantown - PCV, LLC

1 #4

Summons Germantown - BD, LLC

1 #3

Summons Germantown - NDI, LLC

46 More Documents Available

 

Docket Entries

  • 07/10/2019
  • View Court Documents
  • (#44) RESPONSE in Opposition re #39 MOTION for Judgment on the Pleadings Plaintiff Massachusetts Mutual Life Insurance Company's Response in Opposition to Defendant the First Mercantile Trust Company's Rule 12(c) Motion for Judgment on the Pleadings filed by Massachusetts Mutual Life Insurance Company. (Kisber, Zachary) (Entered: 07/10/2019)

    Read MoreRead Less
  • 06/28/2019
  • View Court Documents
  • (#43) MOTION for Judgment on the Pleadings by Germantown - BD, LLC, Germantown - EDE, LLC, Germantown - NDI, LLC, Germantown - PCV, LLC, RSC - Germantown I, LLC. (Attachments: #1 Memorandum in Support of Motion for Judgment on the Pleadings)(Nelson, Jonathan) (Entered: 06/28/2019)

    Read MoreRead Less
  • 06/17/2019
  • View Court Documents
  • (#42) ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO DEPOSIT FUNDS PURSUANT TO FED. R. CIV. P. 67 #32 . Signed by Judge Sheryl H. Lipman on 6/17/19. (shl) (Entered: 06/17/2019)

    Read MoreRead Less
  • 06/12/2019
  • View Court Documents
  • (#41) AFFIDAVIT re #39 MOTION for Judgment on the Pleadings (Affidavit of Charles W. Hill) by The First Mercantile Trust Company. (Hill, Charles) (Entered: 06/12/2019)

    Read MoreRead Less
  • 06/12/2019
  • View Court Documents
  • (#40) MEMORANDUM in Support re #39 MOTION for Judgment on the Pleadings filed by The First Mercantile Trust Company. (Hill, Charles) (Entered: 06/12/2019)

    Read MoreRead Less
  • 06/12/2019
  • View Court Documents
  • (#39) MOTION for Judgment on the Pleadings by The First Mercantile Trust Company. (Hill, Charles) (Entered: 06/12/2019)

    Read MoreRead Less
  • 05/31/2019
  • View Court Documents
  • (#38) ANSWER to #29 Answer to Complaint,, Counterclaim, Answer to Counter-Complaint by Massachusetts Mutual Life Insurance Company.(Kisber, Zachary) (Entered: 05/31/2019)

    Read MoreRead Less
  • 05/30/2019
  • View Court Documents
  • (#37) RESPONSE to Motion re #32 MOTION to Deposit Funds Motion for Leave of Court to Deposit Funds Pursuant to Fed. R. Civ. P. 67 filed by Germantown - BD, LLC, Germantown - EDE, LLC, Germantown - NDI, LLC, Germantown - PCV, LLC, RSC - Germantown I, LLC. (Nelson, Jonathan) (Entered: 05/30/2019)

    Read MoreRead Less
  • 05/28/2019
  • View Court Documents
  • (#36) STIPULATION Regarding Selection of Mediator Pursuant to ADR Plan Rule 5.4(c) by Massachusetts Mutual Life Insurance Company. (Kisber, Zachary) (Entered: 05/28/2019)

    Read MoreRead Less
  • 05/20/2019
  • View Court Documents
  • (#35) SCHEDULING ORDER. Signed by Judge Sheryl H. Lipman on 5/20/19. (Lipman, Sheryl) (Entered: 05/20/2019)

    Read MoreRead Less
24 More Docket Entries
  • 03/28/2019
  • View Court Documents
  • (#10) Summons Issued as to Germantown - EDE, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 03/29/2019)

    Read MoreRead Less
  • 03/28/2019
  • View Court Documents
  • (#9) Summons Issued as to Germantown - PCV, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 03/29/2019)

    Read MoreRead Less
  • 03/28/2019
  • View Court Documents
  • (#8) Summons Issued as to Germantown - BD, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 03/29/2019)

    Read MoreRead Less
  • 03/28/2019
  • View Court Documents
  • (#7) Summons Issued as to Germantown - NDI, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 03/29/2019)

    Read MoreRead Less
  • 03/28/2019
  • View Court Documents
  • (#6) Summons Issued as to RSC - Germantown I, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Entered: 03/29/2019)

    Read MoreRead Less
  • 03/28/2019
  • (#5) NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php 3/29/2019 (jld). (Entered: 03/29/2019)

    Read MoreRead Less
  • 03/28/2019
  • (#4) NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf 3/29/2019 (jld). (Entered: 03/29/2019)

    Read MoreRead Less
  • 03/28/2019
  • (#3) NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf 3/29/2019 (jld). (Entered: 03/29/2019)

    Read MoreRead Less
  • 03/28/2019
  • View Court Documents
  • (#2) Judge Sheryl H. Lipman and Magistrate Judge Charmiane G. Claxton added. 3/29/2019 (jld). (Entered: 03/29/2019)

    Read MoreRead Less
  • 03/28/2019
  • View Court Documents
  • (#1) COMPLAINT for Declaratory Judgment against All Defendants (Filing fee $ 400 receipt number ATNWDC-3027156), filed by Massachusetts Mutual Life Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summons RSC - Germantown I, LLC, #3 Summons Germantown - NDI, LLC, #4 Summons Germantown - BD, LLC, #5 Summons Germantown - PCV, LLC, #6 Summons Germantown - EDE, LLC, #7 Summons The First Mercantile Trust Company, #8 Corporate Disclosure Statement, #9 Exhibit A: Commencement Letter & Lease, #10 Exhibit B: FMT Sublease, #11 Exhibit C: Landlord Consent Request, #12 Exhibit D: Consent to Sublease, #13 Exhibit E: Amendment to Sublease, #14 Exhibit F: CSD-33 Memphis Early Termination Notice, #15 Exhibit G: Letter Rejecting MM Termination)(Clift, Raymond) (Entered: 03/28/2019)

    Read MoreRead Less