Direct Line Corporation v. Carrington et al

Filing 274

ORDER: Counsel for the plaintiff is DIRECTED to file electronically a complete set of the documents that were part of the binder, and to do so within 14 days of the date this order is docketed. The set of documents should be denominated Exhibit 1 to the May 1, 2012 hearing, and must be accompanied by counsel's affidavit or declaration certifying that the exhibit is a true and correct copy of the exhibit admitted into evidence at the May 1, 2012 hearing. Once it has been filed, the exhib it SHALL be deemed part of the record of this court for purposes of appeal. Signed by District Judge Aleta A. Trauger on 4/21/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

DIRECT LINE CORPORATION,
Plaintiff,
v.
MICHAEL L. CARRINGTON and JOHN DOE(S),
Defendants.

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No. 3:10-cv-0423
Judge Trauger

ORDER
This matter is currently pending on appeal before the Sixth Circuit Court of Appeals. The
defendant has filed in this court a motion to make part of the record on appeal a binder of documents that
was accepted as an exhibit during the May 1, 2012 hearing before Magistrate Judge Cliff Knowles. (See
Hearing Tr., ECF No. 271, at 15 (expressly accepting into evidence a “notebook” with “29 tabs” offered by
the plaintiff).) Pursuant to Rule 10(e) of the Federal Rules of Appellate Procedure, this court retains
jurisdiction to correct and supplement the record as may be necessary if a material part of the record has
been omitted by error or accident.
Although apparently accepted as an exhibit during the hearing and thus made part of the district
court record, that binder of documents did not make its way into the court’s file and was never docketed
separately, through error or omission. Accordingly, counsel for the plaintiff is DIRECTED to file
electronically a complete set of the documents that were part of the binder, and to do so within 14 days of
the date this order is docketed. The set of documents should be denominated Exhibit 1 to the May 1,
2012 hearing, and must be accompanied by counsel’s affidavit or declaration certifying that the exhibit is
a true and correct copy of the exhibit admitted into evidence at the May 1, 2012 hearing.
Once it has been filed, the exhibit SHALL be deemed part of the record of this court for purposes
of appeal.
It is so ORDERED.

Aleta A. Trauger
United States District Judge