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Court Case Reopened July 8, 2013


07/03/13 Plaintiffs’ MOTION (See entire document here.)

The Plaintiffs Charles T. Evans, David McBride, Ronald E. Farley, Larry J. Simpson, Robert B. Bonds, and Steve Hinch move the Court to administratively reopen this civil action and conduct a case management conference.1

The relief requested by this motion being within the sound discretion of the Court, a supporting memorandum of law is not filed. However, the Court may wish to note the civil action was administratively closed by Order entered 5/22/12 (Docket Entry no. 108) so the parties could engage in mediation with a view to a possible informal resolution of all issues. The Order granted a joint motion (Docket Entry no. 107) that accorded any party the right to petition for a reopening of the action if the mediation proved to be unsuccessful. The parties have engaged in mediation, spent hundreds of hours attempting to accomplish a mutually agreeable resolution, but are unable to resolve all issues.

Accordingly, Plaintiffs believe it is necessary and appropriate to proceed with the civil action and request the Court to reopen the action and conduct a case management conference for the purpose of allowing the parties to propose a final scheduling order.

1 Jerry Duncan and Carl D. Hewitt, III do not join in this motion, as they are deceased and it is not anticipated their successors or representatives will further participate in the civil action.


07/08/13 TVA’s RESPONSE TO MOTION (See entire document here.)

On July 3, 2013, Plaintiffs filed a Motion seeking an order reopening this case and scheduling a case management conference. (Doc. 109.) Plaintiffs represent that the parties have “spent hundreds of hours attempting to accomplish a mutually agreeable resolution, but are unable to resolve all issues.” (Id.) Defendant Tennessee Valley Authority (TVA) is still actively engaged in ongoing settlement discussions with Plaintiffs and Defendant Tennessee Valley Authority Retirement System (TVARS) and is hopeful that a mutually agreeable resolution will be reached. TVA, however, has no objection to Plaintiffs’ request to reopen this case and to conduct a case management conference.


07/08/13 COURT ORDER TO REOPEN CASE AND HOLD MANAGEMENT CONFERENCE (See entire document here.)

The plaintiff’s Motion to administratively reopen this civil action and conduct a case management conference (Docket No. 109) is GRANTED. It is hereby ORDERED that the Clerk shall reopen this case. It is further ORDERED that a case management conference shall be held in this case on Friday, July 26, 2013, at 9:30 a.m.
08/27/13 INITIAL CASE MANAGEMENT ORDER (See entire document here.)

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