Case details

Court: tnwd
Docket #: 2:15-cv-02198
Case Name: Cassandra Frazier v. World Wrestling Entertainment, Inc.
PACER case #: 69765
Date filed: 2015-03-24
Date of last filing: 2015-04-08
Assigned to: Judge Jon Phipps McCalla
Referred to: Magistrate Judge Charmiane G. Claxton
Case Cause: 28:1332 Diversity-(Citizenship)
Nature of Suit: 367 Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Jimmy Moore
Miscellaneous
Jimmy Moore
CIRCUIT COURT, 30TH JUDICIAL DISTRICT Shelby County Courthouse 140 Adams Ave. Rm. 224 Memphis, TN 38103 901-576-4006 PRO SE

Cassandra Frazier
Plaintiff
Individually and as next of kin to her deceased husband, Nelson Lee Frazier, Jr. a/k/a Mabel a/k/a Viscera a/k/a Big Daddy V a/k/a King Mabel and as personal representative of The Estate of Nelson Lee Frazier, Jr., Deceased
R. Christopher Gilreath
GILREATH & ASSOCIATES-Memphis 200 Jefferson Avenue Ste. 711 Memphis, TN 38103 901-527-0511 Fax: 901-527-0514 Email: chrisgil@sidgilreath.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erica Carmella Mirabella
MIRABELLA LAW LLC 132 Boylston Street 5th Floor Boston, MA 02116 617-580-8270 Email: erica@mirabellaLLC.com
ATTORNEY TO BE NOTICED

Konstantine William Kyros
KYROS LAW 17 Miles Rd. Hingham, MA 02043 800-934-2921 Email: kon@kyroslaw.com
ATTORNEY TO BE NOTICED

World Wrestling Entertainment, Inc.
Defendant
Curtis B. Krasik
K&L GATES LLP K&L Gates Center 210 Sixth Avenue Pittsburgh, PA 15222 412-355-8696 Fax: 412-355-6501 Email: Curtis.Krasik@klgates.com
ATTORNEY TO BE NOTICED

Jerry S. McDevitt
K&L GATES LLP K&L Gates Center 210 Sixth Avenue Pittsburgh, PA 15222 412-355-6500 Fax: 412-355-6501 Email: Jerry.McDevitt@klgates.com
ATTORNEY TO BE NOTICED

Stefanie B. Lacy
K&L GATES LLP K&L Gates Center 210 Sixth Avenue Pittsburgh, PA 15222 412-355-8691 Fax: 412-355-6501 Email: Stefanie.Lacy@klgates.com
ATTORNEY TO BE NOTICED

Eugene J. Podesta , Jr.
BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ First Tennessee Bank Building 165 Madison Ave. Ste. 2000 Memphis, TN 38103 901-526-2000 Fax: 901-577-2303 Email: gpodesta@bakerdonelson.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-03-24 1 0 NOTICE OF REMOVAL by World Wrestling Entertainment, Inc. from Circuit Court of Shelby County, Tennessee, case number CT-000702-15 (Filing fee $ 400 receipt number 0651-2088827), filed by World Wrestling Entertainment, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Podesta, Eugene) (Entered: 03/24/2015)
1 1 Exhibit A
1 2 Exhibit B
1 3 Civil Cover Sheet
2015-03-24 2 0 Judge Jon Phipps McCalla and Magistrate Judge Charmiane G. Claxton added. (csf) (Entered: 03/24/2015)
2015-03-24 3 0 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 (csf) (Entered: 03/24/2015)
2015-03-24 4 0 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 (csf) (Entered: 03/24/2015)
2015-03-27 5 0 MOTION to Change Venue Pursuant to 28 U.S.C. Sec. 1404(a) Due to Forum-Selection Clauses in the Contracts Between WWE and the Decendent - Proposed Order Submitted by World Wrestling Entertainment, Inc.. (Attachments: # 1 Memorandum of Law in Support of Motion to Transfer Venue, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Podesta, Eugene) (Entered: 03/27/2015)
2015-03-27 6 0 MOTION for Extension of Time to File Answer - Proposed Order Submitted by World Wrestling Entertainment, Inc.. (Podesta, Eugene) (Entered: 03/27/2015)
2015-03-27 7 0 MOTION for Leave to Appear Pro Hac Vice of Jerry S. McDevitt - Proposed Order Submitted (Filing fee $ 100 receipt number 0651-2091839) by World Wrestling Entertainment, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Podesta, Eugene) (Entered: 03/27/2015)
2015-03-27 8 0 MOTION for Leave to Appear Pro Hac Vice of Curtis B. Krasik - Proposed Order Submitted (Filing fee $ 100 receipt number 0651-2091847) by World Wrestling Entertainment, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Podesta, Eugene) (Entered: 03/27/2015)
2015-03-30 9 0 MOTION for Leave to Appear Pro Hac Vice of Stefanie M. Lacy - Proposed Order Submitted (Filing fee $ 100 receipt number 0651-2092435) by World Wrestling Entertainment, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Podesta, Eugene) (Entered: 03/30/2015)
2015-03-30 10 0 ORDER granting 6 Motion for Extension of Time for Defendant to Respond to Plaintiff's Complaint. Signed by Judge Jon Phipps McCalla on 3/30/2015. (McCalla, Jon) (Entered: 03/30/2015)
2015-03-30 11 0 ORDER granting 7 , 8 , and 9 Motions for Leave to Appear Pro Hac Vice. [**TEXT-ONLY ORDER -- NO IMAGE ASSOCIATED**]. Signed by Judge Jon Phipps McCalla on 3/30/2015. (McCalla, Jon) (Entered: 03/30/2015)
2015-04-07 12 0 SETTING LETTER for Telephonic Motion Hearing re: 5 Motion to Change Venue has been set for 4/30/2015 at 09:30 AM before Judge Jon Phipps McCalla and a Telephonic Scheduling Conference has been set for 4/30/2015 09:30 AM before Judge Jon Phipps McCalla. (McCalla, Jon) (Entered: 04/07/2015)
2015-04-08 13 0 AMENDED SETTING LETTER: Telephonic Motion Hearing re: 5 has been set for 4/29/2015 at 04:00 PM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. Telephonic Scheduling Conference has been set for 4/29/2015 04:00 PM in Courtroom 1 - Memphis before Judge Jon Phipps McCalla. (mlk) (Entered: 04/08/2015)
2015-04-14 14 0 RESPONSE in Opposition re 5 MOTION to Change Venue Pursuant to 28 U.S.C. Sec. 1404(a) Due to Forum-Selection Clauses in the Contracts Between WWE and the Decendent - Proposed Order Submitted filed by All Plaintiffs. (Attachments: # 1 Exhibit Law Review Article, # 2 Exhibit Secretary of State Listing, # 3 Exhibit Listing of Memphis WWE Events)(Gilreath, R.) (Entered: 04/14/2015)
14 1 Exhibit Law Review Article
14 2 Exhibit Secretary of State Listing
14 3 Exhibit Listing of Memphis WWE Events
2015-04-15 15 0 MOTION to Reschedule Telephonic Scheduling Conference Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure Set for April 29, 2015 - Proposed Order Submitted by World Wrestling Entertainment, Inc.. (Podesta, Eugene) (Entered: 04/15/2015)
2015-04-21 16 0 MOTION for Leave to File Reply Memorandum in Support of Motion to Transfer Venue - Proposed Order Submitted by World Wrestling Entertainment, Inc.. (Attachments: # 1 Exhibit - Proposed Reply)(Podesta, Eugene) (Entered: 04/21/2015)
2015-04-21 17 0 RESPONSE to Motion re 15 MOTION to Reschedule Telephonic Scheduling Conference Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure Set for April 29, 2015 - Proposed Order Submitted filed by All Plaintiffs. (Gilreath, R.) (Entered: 04/21/2015)
2015-04-21 18 0 RESPONSE to Motion re 16 MOTION for Leave to File Reply Memorandum in Support of Motion to Transfer Venue - Proposed Order Submitted filed by All Plaintiffs. (Gilreath, R.) (Entered: 04/21/2015)
2015-04-23 19 0 ORDER granting 15 Motion to Reschedule Telephonic Scheduling Conference. Signed by Judge Jon Phipps McCalla on 4/23/2015. (McCalla, Jon) (Entered: 04/23/2015)
2015-04-28 21 0 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 20 Attorney Admission Application has been filed. For future reference, please note that document should have been filed in the shell case 15-9999 and will be sealed from further viewing. Per our conversation, I will file in the shell case on your behalf. Thanks. Please refer to the ECF User Manual and ECF Policies and Procedures. Filer is not required to resubmit document. (jml) (Entered: 04/28/2015)
2015-04-29 22 0 ORDER granting leave to file additional briefing. Signed by Judge Jon Phipps McCalla on 4/29/2015. (McCalla, Jon) (Entered: 04/29/2015)
2015-04-29 23 0 Minute Entry for Telephonic Motion Hearing held before Judge Jon Phipps McCalla on 4/29/2015 re 5 MOTION to Change Venue Pursuant to 28 U.S.C. Sec. 1404(a) Due to Forum-Selection Clauses in the Contracts Between WWE and the Decendent filed by World Wrestling Entertainment, Inc. Parties agree that Federal Law covers this issue. The parties argue the Motion. The Court will allow the parties to brief the matter. Plft has 14 days to brief the matter; and once filed, the Deft has 7 days to reply. ATTYS PRESENT: Plft R. Christopher Gilreath, Konstantine Kyros -- Eugene Podesta, Jerry McDevitt, Curtis Krasik. (Court Reporter Mark Dodson) (mlk) (Entered: 04/30/2015)
2015-05-04 24 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4-29-15, Telephonic Conference before Judge Jon P. McCalla. Court Reporter Mark Dodson, Telephone number 901-525-2803. Tape Number: none. <p>Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. <p>Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 5/11/2015. Redaction Request due 5/26/2015. Release of Transcript Restriction set for 8/3/2015. (Dodson, Mark) (Entered: 05/04/2015)
2015-05-07 25 0 Corporate Disclosure Statement by World Wrestling Entertainment, Inc.. (Podesta, Eugene) (Entered: 05/07/2015)
2015-05-14 26 0 RESPONSE to Motion re 5 MOTION to Change Venue Pursuant to 28 U.S.C. Sec. 1404(a) Due to Forum-Selection Clauses in the Contracts Between WWE and the Decendent - Proposed Order Submitted filed by All Plaintiffs. (Gilreath, R.) (Entered: 05/14/2015)
2015-05-19 27 0 NOTICE by World Wrestling Entertainment, Inc. re 22 Order /Submission of World Wrestling Entertainment, Inc. Pursuant to the Court's Order of April 29, 2015 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Podesta, Eugene) (Entered: 05/19/2015) 2015-05-29 18:08:46 182dd909d4772f117e4102ac4b69d4c5aac82d07
27 1 Exhibit 1 2015-05-29 18:09:48 fdabc59dd9322aa958053f5d3d1c53a3ac08103a
27 2 Exhibit 2 2015-05-29 18:10:05 d31dc3fbc8a9cc2e85c61a6034f4b66a4ee61e9e
27 3 Exhibit 3 2015-05-29 18:10:47 cd78f8a00244c322fb0713a003166aa5fe883c56
27 4 Exhibit 4 2015-05-29 18:13:44 8553225bcd415885b89d228866dc739281cc9b61
27 5 Exhibit 5 2015-05-29 18:09:21 0c1164919880a31c291c2125e2d2aeb54fd993ff
2015-05-26 28 0 NOTICE by Cassandra Frazier re 5 MOTION to Change Venue Pursuant to 28 U.S.C. Sec. 1404(a) Due to Forum-Selection Clauses in the Contracts Between WWE and the Decendent - Proposed Order Submitted Notice of Supplemental Authority (Attachments: # 1 Exhibit Wahl v. GE 6th Circuit Opinion)(Gilreath, R.) (Entered: 05/26/2015)
2015-05-26 29 0 NOTICE of Appearance by Erica Carmella Mirabella on behalf of Cassandra Frazier (Mirabella, Erica) (Entered: 05/26/2015)
2015-05-26 30 0 NOTICE of Appearance by Konstantine William Kyros on behalf of Cassandra Frazier (Kyros, Konstantine) (Entered: 05/26/2015)
2015-06-26 31 0 NOTICE by World Wrestling Entertainment, Inc. re 5 MOTION to Change Venue Pursuant to 28 U.S.C. Sec. 1404(a) Due to Forum-Selection Clauses in the Contracts Between WWE and the Decendent - Proposed Order Submitted /Notice of Supplemental Authority in Further Support of Defendant's Motion to Transfer Venue (Attachments: # 1 Exhibit 1)(Podesta, Eugene) (Entered: 06/26/2015)
2015-07-13 32 0 NOTICE by World Wrestling Entertainment, Inc. of Supplemental Authority in Further Support of Defendant's Motion to Transfer Venue (Attachments: # 1 Exhibit 1)(Podesta, Eugene) (Entered: 07/13/2015)
2015-07-27 33 0 TRANSCRIPT RELEASE NOTICE: By Administrative Order 2008-35 the United States District Court for the Western District of Tennessee implemented a policy regarding remote access to electronic transcripts. Pursuant to that policy, as well as Civil Rule 5.2 and Criminal Rule 49.1, each party's attorney is required to review a transcript for information that should be redacted pursuant to the Judicial Conference's privacy policy which requires that Social Security numbers be redacted to show only the last four digits; birth dates should contain only the year of birth; individuals known to be minors should be referred to with initials; and financial account numbers should be redacted to the last four digits. Additionally, in criminal case files, home addresses should reveal only the city and state of residence.Our records indicate that the 90-day restriction on public access to an electronic transcript(s) in this matter will lapse within 10 days. If a redaction request is required but has not been filed, please do so immediately. Please feel free to contact our office for further guidance on this issue. Document 24 : Release Date: 08/03/2015.(smm) (Entered: 07/27/2015)
2015-07-28 34 0 NOTICE by World Wrestling Entertainment, Inc. re 31 Notice (Other), /Notice of Supplemental Authority in Further Support of Defendant's Motion to Transfer Venue (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Podesta, Eugene) (Entered: 07/28/2015)
2015-07-30 35 0 NOTICE by Cassandra Frazier re 34 Notice (Other) of Objection to Docket Entry 34 (Gilreath, R.) (Entered: 07/30/2015)
2015-07-31 36 0 NOTICE by World Wrestling Entertainment, Inc. Response to Objection to Docket Entry No. 34 (Podesta, Eugene) (Entered: 07/31/2015)
2015-08-11 37 0 ORDER granting 5 Motion to Change Venue. Signed by Judge Jon Phipps McCalla on 8/11/2015. (McCalla, Jon) (Entered: 08/11/2015)
2015-08-17 38 0 NOTICE: Case has been opened in the District of Connecticut as 3:15cv1229 re 37 Order on Motion to Change Venue (jae) (Entered: 08/17/2015)