This case was last updated from U.S. District Courts on 08/11/2020 at 10:37:09 (UTC).

National Intergovernmental Purchasing Alliance Company et al v. Anderson

Case Summary

On 06/12/2020 National Intergovernmental Purchasing Alliance Company filed a Contract - Other Contract lawsuit against Anderson. This case was filed in U.S. District Courts, Tennessee Middle District. The Judges overseeing this case are Barbara D. Holmes and William L. Campbell, Jr. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:20-CV-00493

  • Filing Date:

    06/12/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Tennessee Middle District

Judge Details

Referral Judge

Barbara D. Holmes

Presiding Judge

William L. Campbell, Jr

 

Party Details

Plaintiffs

National Intergovernmental Purchasing Alliance Company

Omina Partners, LLC

Defendant

Derek Anderson

Attorney/Law Firm Details

Plaintiff Attorneys

Timothy Allen Rybacki

Attorney at Littler Mendelson, P.C. (Nashville)

333 Commerce Street, Suite 1450

Nashville, TN 37201

Elise Hofer McKelvey

Attorney at Littler Mendelson, P.C. (Nashville)

333 Commerce Street, Suite 1450

Nashville, TN 37201

Defendant Attorneys

Russell Cawyer

Attorney at Kelly, Hart & Hallman

201 Main Street, Suite 2500

Fort Worth, TX 76102

Fredrick J. Bissinger

Attorney at Wimberly, Lawson, Wright, Daves & Jones, PLLC (Nashville)

214 Second Avenue, N, Suite 3

Nashville, TN 37201

Howard B. Jackson

Attorney at Wimberly, Lawson, Wright, Daves & Jones, PLLC (Knoxville)

550 Main Avenue, Suite 900, P O Box 2231

Knoxville, TN 37902-2231

 

Court Documents

#26

(#26) ORDER: A telephonic status conference was held on July 23, 2020. See Order at Docket No. 13. Counsel participating were: Timothy Rybacki for Plaintiffs and Russell Cawyer and Fred Bissinger for Defendant. This case remains set for an initial case management conference on September 11, 2020, at 9:30 a.m. per the instructions in the Court's order of July 10, 2020. (Docket No. 21.) The stay of discovery remains in effect, subject to any party moving to lift the stay or the parties agreeing to lift the stay, except that the parties shall exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1), which must include copies (not descriptions) of responsive documents, by no later than August 20, 2020. Any discovery exchanged in this case, including initial disclosures, may be used in any other litigation between the parties based on these same set of operative facts. Signed by Magistrate Judge Barbara D. Holmes on 7/24/2020. (am) (Entered: 07/27/2020)

#25

(#25) REPLY to Response to re #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Derek Anderson. (Cawyer, Russell) (Entered: 07/22/2020)

#24

(#24) REPLY to Response to re #8 MOTION to Dismiss for Failure to State a Claim filed by Derek Anderson. (Cawyer, Russell) (Entered: 07/22/2020)

#23

(#23) ORDER granting #20 Motion for Extension of Time to File Response/Reply re #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, #8 MOTION to Dismiss for Failure to State a Claim Replies due by 7/23/2020. Signed by District Judge William L. Campbell, Jr on 7/14/2020. (am) (Entered: 07/14/2020)

#22

(#22) AMENDED CERTIFICATE OF SERVICE by Derek Anderson. Amendment to #20 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss for Failure to State a Claim, #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue Amended Certificate of Service. (Cawyer, Russell) Modified Text on 7/14/2020 (am). (Entered: 07/13/2020)

#21

(#21) ORDER: This civil action was removed to this Court on June 12, 2020. By Notice issued by the Clerk on June 12, 2020 (Docket Entry No. 4), the initial case management conference has been scheduled for July 27, 2020 at 1:30 p.m. Due to a conflict in the Court's calendar, the conference needs to be rescheduled. It is hereby ORDERED that the initial case management conference is RESCHEDULED to 9:30 a.m., Friday, September 11, 2020. Given the current responses to the outbreak of the coronavirus known as COVID- 19, including the Court's Administrative Order No. 209 amended on July 8, 2020, the initial case management conference in this case will be held telephonically. Counsel should use the following dial-in information1 to participate in the telephonic initial case management conference: Dial-in number: 877-402-9753 Access Code: 3808663# The stay of discovery remains in place absent any party moving for it to be lifted. Prior to the initial case management conference, counsel for the parties shall meet and confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, and shall, to the extent possible, exchange initial disclosures pursuant to Rule 26(a)(1). Signed by Magistrate Judge Barbara D. Holmes on 7/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 07/10/2020)

#20

(#20) MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss for Failure to State a Claim , #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue (Unopposed) by Derek Anderson. (Cawyer, Russell) (Entered: 07/10/2020)

19 #2

Exhibit 2 - Declaration of Sydney ("Skip") Jones

19 #1

Exhibit 1 - Declaration of Allan McCombs

#6

(#19) RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by National Intergovernmental Purchasing Alliance Company, Omina Partners, LLC. (Attachments: #1 Exhibit 1 - Declaration of Allan McCombs, #2 Exhibit 2 - Declaration of Sydney ("Skip") Jones)(McKelvey, Elise) (Entered: 07/07/2020)

#5

(#5) NOTICE of Appearance by Fredrick J. Bissinger on behalf of Derek Anderson (Bissinger, Fredrick) (Entered: 06/15/2020)

#4

(#4) NOTICE of Initial Case Management Conference set for 7/27/2020 at 01:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (am) (Entered: 06/12/2020)

#3

(#3) NOTICE of Business Entity Disclosure Statement filing requirement. (am) (Entered: 06/12/2020)

#2

(#2) NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) (Entered: 06/12/2020)

1 #3

Attachment - Declaration

1 #2

Exhibit - State Court Filings

1 #1

Attachment - Civil Cover Sheet

#1

(#1) NOTICE OF REMOVAL by Derek Anderson from Williamson County Chancery Court, case number 49428B. ( Filing fee $ 400 receipt number 0650-3157384) (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit - State Court Filings, #3 Attachment - Declaration)(am) (Entered: 06/12/2020)

26 More Documents Available

 

Docket Entries

  • 07/24/2020
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  • Docket(#26) ORDER: A telephonic status conference was held on July 23, 2020. See Order at Docket No. 13. Counsel participating were: Timothy Rybacki for Plaintiffs and Russell Cawyer and Fred Bissinger for Defendant. This case remains set for an initial case management conference on September 11, 2020, at 9:30 a.m. per the instructions in the Court's order of July 10, 2020. (Docket No. 21.) The stay of discovery remains in effect, subject to any party moving to lift the stay or the parties agreeing to lift the stay, except that the parties shall exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1), which must include copies (not descriptions) of responsive documents, by no later than August 20, 2020. Any discovery exchanged in this case, including initial disclosures, may be used in any other litigation between the parties based on these same set of operative facts. Signed by Magistrate Judge Barbara D. Holmes on 7/24/2020. (am) (Entered: 07/27/2020)

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  • 07/23/2020
  • DocketMinute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 7/23/2020. (Tape #not recorded.) (Hearing lasted :22)(jwc) (Entered: 07/24/2020)

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  • 07/22/2020
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  • Docket(#25) REPLY to Response to re #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Derek Anderson. (Cawyer, Russell) (Entered: 07/22/2020)

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  • 07/22/2020
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  • Docket(#24) REPLY to Response to re #8 MOTION to Dismiss for Failure to State a Claim filed by Derek Anderson. (Cawyer, Russell) (Entered: 07/22/2020)

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  • 07/14/2020
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  • Docket(#23) ORDER granting #20 Motion for Extension of Time to File Response/Reply re #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, #8 MOTION to Dismiss for Failure to State a Claim Replies due by 7/23/2020. Signed by District Judge William L. Campbell, Jr on 7/14/2020. (am) (Entered: 07/14/2020)

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  • 07/13/2020
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  • Docket(#22) AMENDED CERTIFICATE OF SERVICE by Derek Anderson. Amendment to #20 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss for Failure to State a Claim, #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue Amended Certificate of Service. (Cawyer, Russell) Modified Text on 7/14/2020 (am). (Entered: 07/13/2020)

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  • 07/13/2020
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  • DocketNOTICE TO FILER re DE#20 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (am) (Entered: 07/13/2020)

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  • 07/10/2020
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  • Docket(#21) ORDER: This civil action was removed to this Court on June 12, 2020. By Notice issued by the Clerk on June 12, 2020 (Docket Entry No. 4), the initial case management conference has been scheduled for July 27, 2020 at 1:30 p.m. Due to a conflict in the Court's calendar, the conference needs to be rescheduled. It is hereby ORDERED that the initial case management conference is RESCHEDULED to 9:30 a.m., Friday, September 11, 2020. Given the current responses to the outbreak of the coronavirus known as COVID- 19, including the Court's Administrative Order No. 209 amended on July 8, 2020, the initial case management conference in this case will be held telephonically. Counsel should use the following dial-in information1 to participate in the telephonic initial case management conference: Dial-in number: 877-402-9753 Access Code: 3808663# The stay of discovery remains in place absent any party moving for it to be lifted. Prior to the initial case management conference, counsel for the parties shall meet and confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, and shall, to the extent possible, exchange initial disclosures pursuant to Rule 26(a)(1). Signed by Magistrate Judge Barbara D. Holmes on 7/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 07/10/2020)

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  • 07/10/2020
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  • Docket(#20) MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss for Failure to State a Claim , #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue (Unopposed) by Derek Anderson. (Cawyer, Russell) (Entered: 07/10/2020)

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  • 07/07/2020
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  • Docket(#19) RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by National Intergovernmental Purchasing Alliance Company, Omina Partners, LLC. (Attachments: #1 Exhibit 1 - Declaration of Allan McCombs, #2 Exhibit 2 - Declaration of Sydney ("Skip") Jones)(McKelvey, Elise) (Entered: 07/07/2020)

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13 More Docket Entries
  • 06/15/2020
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  • Docket(#8) MOTION to Dismiss for Failure to State a Claim by Derek Anderson. (Bissinger, Fredrick) (Entered: 06/15/2020)

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  • 06/15/2020
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  • Docket(#7) BRIEF filed by Derek Anderson re #6 Motion to Dismiss/Lack of Jurisdiction. (Bissinger, Fredrick) (Entered: 06/15/2020)

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  • 06/15/2020
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  • Docket(#6) MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Derek Anderson. (Bissinger, Fredrick) (Entered: 06/15/2020)

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  • 06/15/2020
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  • Docket(#5) NOTICE of Appearance by Fredrick J. Bissinger on behalf of Derek Anderson (Bissinger, Fredrick) (Entered: 06/15/2020)

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  • 06/12/2020
  • DocketNOTICE TO COUNSEL Russell Cawyer: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 7/6/2020. (am) (Entered: 06/12/2020)

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  • 06/12/2020
  • DocketState Bar status verified as active for (TN) Fredrick J. Bissinger, (TX)Russell Cawyer, (TN) Timothy Allen Rybacki. (am) (Entered: 06/12/2020)

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  • 06/12/2020
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  • Docket(#4) NOTICE of Initial Case Management Conference set for 7/27/2020 at 01:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (am) (Entered: 06/12/2020)

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  • 06/12/2020
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  • Docket(#3) NOTICE of Business Entity Disclosure Statement filing requirement. (am) (Entered: 06/12/2020)

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  • 06/12/2020
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  • Docket(#2) NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) (Entered: 06/12/2020)

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  • 06/12/2020
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  • Docket(#1) NOTICE OF REMOVAL by Derek Anderson from Williamson County Chancery Court, case number 49428B. ( Filing fee $ 400 receipt number 0650-3157384) (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit - State Court Filings, #3 Attachment - Declaration)(am) (Entered: 06/12/2020)

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