Wallace v. Leidos Innovations Corporation et al

RESPONSE to Motion re MOTION to Change Venue to Conduct Trial in Knoxville Division

E.D. Tenn.March 29, 2019

1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE DAVID W. WALLACE, ) ) Plaintiff, ) ) Case No. 3:17-cv-360 v. ) ) Judge Mattice LEIDOS INNOVATIONS CORPORATION, ) Magistrate Judge Guyton ) Defendant. ) DEFENDANT’S RESPONSE TO PLAINTIFF’S “MOTION TO CONDUCT TRIAL IN KNOXVILLE DIVISION” Defendant, Leidos Innovations Corporation (“Leidos”), respectfully responds to Plaintiff’s “Motion to Conduct Trial in Knoxville Division,” Docket No. 37. Defendant is mindful of the demands of the Court’s docket. Defendant is cognizant of the Court’s schedule and of the language of the Court’s judicial preferences with respect to the location of trials. This is obviously a decision in the Court’s discretion, and Defendant will certainly respect any decision the Court makes with respect to the location of trial. To the extent Plaintiff is allowed to call witnesses (and it is Defendant’s position that he should not be so allowed)1, the majority of those witnesses reside in the Knoxville and Oak Ridge areas, and they are third parties. As such, Defendant does not oppose Plaintiff’s motion. 1 Defendant has moved to strike Plaintiff’s trial witness list, due to the fact that it was filed three-and-a-half months late. (See Docket Nos. 39-40). Case 3:17-cv-00360-HSM-HBG Document 41 Filed 03/29/19 Page 1 of 2 PageID #: 579 2 Respectfully submitted on March 29, 2019. /s/ Jonathan O. Harris Jonathan O. Harris, TN #021508 Anne T. McKnight, TN #026476 Thomas W. Whitworth, TN #29581 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 401 Commerce Street, Suite 1200 Nashville, TN 37219-2446 Telephone: 615.254.1900 Facsimile: 615.254.1908 CERTIFICATE OF SERVICE I hereby certify that on March 29, 2019, the foregoing was filed electronically with the Clerk of the Court to be served by operation of the Court’s electronic filing system upon the following: Thomas M. Leveille Tarpy, Cox, Fleishman & Leveille, PLLC 1111 N. Northshore Drive Landmark Tower North, Suite N-290 Knoxville, TN 37919 /s/ Jonathan O. Harris 37962513.1 Case 3:17-cv-00360-HSM-HBG Document 41 Filed 03/29/19 Page 2 of 2 PageID #: 580