United States District Court, M.D. Tennessee, Nashville Division
ILLINOIS UNION INSURANCE COMPANY a/s/o Life Care Centers of America, Inc.; a/s/o Highland Park ALF Real Estate Investors, LLC and a/s/o Highland Park ALF Operations, LLC, Plaintiff,
GOODMAN COMPANY, L.P. a/k/a GOODMAN MANUFACTURING COMPANY, L.P.; and GOODMAN MANUFACTURING LP and GOODMAN MANUFACTURING COMPANY, L.P. a/k/a GOODMAN MANUFACTURING LP; and GOODMAN COMPANY, L.P., Defendants.
Dyer Harrison Attorney for Plaintiff
Isaac Sanders, NEAL & HARWELL Attorney for Defendant
INITIAL CASE MANAGEMENT ORDER
Brown, United States Magistrate Judge.
court has jurisdiction pursuant to pursuant to 28 U.S.C.
§ 1332 because there is diversity of citizenship between
Plaintiff and Defendants and the amount in controversy is
greater than $75, 000.
BRIEF THEORIES OF THE PARTIES:
Plaintiff: Plaintiff is asserting claims based on strict
product liability against Defendants following a July 16,
2018 fire at The Bridge at Hickory Woods, an assisted living
facility in Antioch, Tennessee. Plaintiff insured the
premises and seeks to recover all claim payments made or to
be made arising out of the fire. The cause of the fire was
attributed to a design and/or manufacturing defect with a
packaged terminal air conditioner/heat pump
(“PTAC”) that was designed, fabricated,
assembled, tested, manufactured, packaged, labeled and sold
by Defendants. The PTAC model involved was the subject of a
recall that was first announced on or about March 1, 2018.
The total damages are expected to exceed $957, 374.00.
Defendant: Defendants deny that they are liable to Plaintiff
under any theory of liability. Defendants deny that the July
16, 2018 fire at The Bridge at Hickory Woods was caused by
any action or inaction of either of the Defendants, and deny
that the fire was caused by any defect in any product that
was attributable to either of the Defendants. Defendants are
not strictly liable to Plaintiff, and Plaintiff is not
entitled to recover the damages alleged in the Complaint.
Defendants aver that the subject fire was caused by
superseding or intervening acts or omissions of persons or
companies other than Defendants, for whom Defendants are
neither responsible nor liable.
ISSUES RESOLVED: Jurisdiction and venue.
ISSUES STILL IN DISPUTE: Liability and damages.
INITIAL DISCLOSURES: The parties shall exchange initial
disclosures pursuant to Fed.R.Civ.P. 26(a)(1) on or before
September 26, 2019.
RESOLUTION PLAN AND JOINT STATUS REPORTS:
parties are encouraged to consider the Alternative Dispute
Resolution options provided in Local Rule 16.02 through
16.05. On or before November 18, 2019 the parties shall
submit a joint report confirming that the parties made a good
faith attempt to resolve the case. The joint report shall
also state whether the parties believe ADR might assist in
resolution of the case. If a judicial settlement conference
is requested in either joint report or separately, the
parties shall also state (i) the reasons why mediation is not
feasible; (ii) their proposed timing for scheduling of the