ADT Services AG et al v. Brady et al

Filing 205

ORDER Directing Fruther Briefing, Plaintiffs' brief due by 6/9/2014, Defendants' Response due by 6/16/2014. . Signed by U.S. District Judge Robert H. Cleland on 6/3/2014. (lgw)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

ADT SERVICES, AG, and ADT SECURITY
SERVICES, INC.,
Plaintiffs,
v.

Case No. 10-2197

THOMAS BRADY, et al.,
Defendants.
/
ORDER DIRECTING FURTHER BRIEFING
On May 21, 2014, the court held a hearing on Plaintiffs’ “Motion for Summary
Judgment on Defendants’ Defamation Counterclaim” and Defendants’ “Motion for Partial
Summary Judgment.” After considering the matter, the court is inclined to find a triable
issue on whether the corporate veil of The Alarm Company could be pierced and liability
imposed on Defendant Susan Brady as to ADT’s state-law claims. The court will be
assisted by briefing on whether sufficient facts exist for a reasonable jury to conclude that
The Alarm Company was used as a mere instrumentality of Defendant Susan Brady.
Accordingly,
IT IS ORDERED that Plaintiffs are DIRECTED to file a four-page brief by June 9,
2014, addressing whether summary judgment in favor of Susan Brady is precluded by the
factors addressed in Pamperin v. Streamline Mfg., Inc., 276 S.W.3d 428, 437 (Tenn. Ct.
App. 2008). Defendants are DIRECTED to file a response of no more than four pages by
June 16, 2014.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: June 3, 2014

I hereby certify that a copy of the foregoing document was mailed to counsel of record on
this date, June 3, 2014, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\10-2197.ADT.OrderFurtherBriefing.jac.wpd

2