United States District Court, M.D. Tennessee, Nashville
DIANE RANDOLPH, individually and as surviving spouse and n/o/k of RANDY RANDOLPH, deceased, Plaintiff
RD EXPEDITED, INC., et al., Defendants KIMBERLY BUTLER, et al., Plaintiff
RD EXPEDITED, INC., et al., Defendants DIANE RANDOLPH, individually and surviving spouse and n/o/k of Randy Randolph, deceased, Plaintiff
MGR EXPRESS, INC., et al., Defendants
PRELIMINARY SCHEDULING ORDER
BROWN UNITED STATES MAGISTRATE JUDGE
lengthy telephone call was held with the parties in this
matter September 25, 2017. Although it appears from the
docket sheet that MGR Express, Inc. and Abdulnasir Abdirizak
have been served with summonses in the 1012 case on July 29,
2017 (Docket Entry 6), and August 7, 2017 (Docket Entry 10).
Neither of these Defendants has filed any notice of
appearance or other response in the matter. Ms. Blackburn,
counsel for RD Expedited, Inc. advised that on Friday she had
been contacted by an attorney in Chicago concerning MGR
Express, Inc. The attorney advised that he had just been
contacted and was attempting to determine what insurance
coverage was involved and whether he would be representing
MGR Express or if other counsel would be secured. The Chicago
counsel did not participate in the telephone call on
September 25, 2017. Ms. Blackburn was requested to recontact
the attorney and advise him that the Court strongly suggested
that he contact Plaintiffs' counsel.
counsel has not filed a motion for default, and in view of
the possibility of an attorney entering an appearance, the
Magistrate Judge would request that Plaintiffs' counsel
not file a motion for default within 14 days of the entry of
two earlier cases, depositions have been scheduled in early
November for witnesses represented by Ms. Blackburn. Ms.
Blackburn expressed a concern that she did not want to be put
in a situation where her witnesses had to be deposed twice
because of the late entry of MGR Express. Hopefully, the date
of the depositions can be resolved through discussion between
the attorneys. It would be the Magistrate Judge's hope
that the current dates, which had been worked out by all
parties at the time, can be maintained.
discussion with the parties, it appears that these cases
should be consolidated for discovery and for trial.
Henceforth, the parties should file all motions in the
theory of the parties other than MGR Express and Abdulnasir
Abdirizak is as follows:
A. JURISDICTION: The Court has jurisdiction pursuant to 28
U.S.C. Sec. 1332 (a)(1)-(2).
BRIEF THEORIES OF THE PARTIES:
1) PLAINTIFF: Diane Randolph brings claims for negligence,
negligent hiring, retention and training, gross negligence
and claims for punitive damages against the defendants as a
result of crash that occurred July 8th, 2016 on
State Route 840 in Williamson County, Tennessee. A
tractor-trailer operated by the defendant driver Abdirahmaan
while employed by motor carrier RD Expedited, Inc. hit the
rear of one vehicle and continued on and slammed into the
rear of the Model A Ford which was driven by Randy Randolph.
Mr. Randolph's Model A Ford was sent careening off the
road where it struck an embankment and landed him against the
embankment wall. He survived while he was pinned in the
vehicle but was unable to free himself, suffering
excruciating pain. He ultimately was unable to survive and
later died from the injuries he suffered in this crash.
Randolph avers that RD Expedited, Inc., a motor carrier,
lacked and did not enforce adequate policies to prevent
distracted and fatigued driving of professional drivers.
Instead, RD Expedited, Inc., reckless indifference to these
practices actively encouraged and aided and/or abetted
distracted, fatigued and unsafe driving, all of which
contributed to cause the horrific and untimely death of Randy
Randolph. Randy Randolph was a loving and respected family
man and member of the Middle Tennessee Community whose life
was taken by RD Expedited, Inc.
Randolph brings claims for all damages available at law and
equity for physical pain and suffering suffered by Randy
Randolph, loss of consortium and the pecuniary value of her
husband Randy Randolph and punitive damages.
DEFENDANTS: Defendants' theory:
On July 8, 2016, Abdulkadir Abdirahmaan was operating a
Freightliner tractor trailer under the authority of and on
behalf of RD Expedited, Inc. Defendants do not deny the
vehicle operated by Abdirahmaan impacted the vehicle operated
by Randy Randolph; however, Defendants deny Plaintiffs
allegations against Abdirahmaan and RD Expedited, Inc.
Defendants further aver that the acts and omissions of