Tonkinson et al v. Walmart Inc. et al
Plaintiff: Michelle Tonkinson
Defendant: Walmart Inc., Wal-Mart Stores, Inc., FNU LNU and Walmart, Inc.
Case Number: 2:2021cv02588
Filed: December 21, 2021
Court: US District Court for the District of Kansas
Presiding Judge: Gwynne E Birzer
Referring Judge: Sam A Crow
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 11, 2022 Opinion or Order Filing 20 ORDER granting #16 Motion to Amend Complaint. This case is remanded to the state district court for Johnson County, Kansas. See order for details. Signed by U.S. District Senior Judge Sam A. Crow on 2/11/22. (msb)
February 11, 2022 Opinion or Order Civil Case termed. Letter of remand, certified order and attested docket sheet sent by regular mail to Johnson County, KS District Court.(msb)
February 9, 2022 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #16 MOTION to Amend Complaint re #1 Notice of Removal, . The motion will be resolved by the District Judge.(adc)
February 5, 2022 Opinion or Order Filing 19 REPLY TO RESPONSE TO MOTION by Plaintiffs Michelle Tonkinson, Michelle Tonkinson re: #16 Motion to Amend Complaint (Baker, Linus)
February 2, 2022 Opinion or Order Filing 18 RESPONSE by Defendant Walmart, Inc. re #16 Motion to Amend Complaint (Henderson, William)
January 19, 2022 Opinion or Order Filing 17 MEMORANDUM IN SUPPORT of #16 MOTION to Amend Complaint re #1 Notice of Removal, by Plaintiffs Michelle Tonkinson, Michelle Tonkinson(Baker, Linus)
January 19, 2022 Opinion or Order Filing 16 MOTION to Amend Complaint re #1 Notice of Removal, by Plaintiffs Michelle Tonkinson, Michelle Tonkinson (Baker, Linus)
January 18, 2022 Opinion or Order Filing 15 ORDER. Pursuant to Fed. R. Civ. P. 15(a)(1)(B), Plaintiffs have 21 days after service of a motion under Rule 12(b) to file an amended complaint as a matter of right. Due to the federal holiday, today is the deadline for Plaintiffs to file an amended complaint without leave of court. Therefore, the Court finds as moot #12 Motion for Leave to Amend Complaint. Signed by Magistrate Judge Gwynne E. Birzer on 1/18/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
January 18, 2022 Opinion or Order Filing 14 ORDER. In light of the apparent identification of the name and citizenship of the previously unidentified pharmacist, the subject of the limited discovery sought by Plaintiff, the Court finds as moot #11 Plaintiffs' Motion to Conduct Limited Discovery. Signed by Magistrate Judge Gwynne E. Birzer on 1/18/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
January 16, 2022 Opinion or Order Filing 13 MEMORANDUM IN SUPPORT of #12 MOTION for Leave to Amend Complaint re #1 Notice of Removal, by Plaintiffs Michelle Tonkinson, Michelle Tonkinson(Baker, Linus)
January 16, 2022 Opinion or Order Filing 12 MOTION for Leave to Amend Complaint re #1 Notice of Removal, by Plaintiffs Michelle Tonkinson, Michelle Tonkinson (referred to Magistrate Judge Gwynne E. Birzer) (Baker, Linus)
January 12, 2022 Opinion or Order Filing 11 MOTION for Discovery by Plaintiffs Michelle Tonkinson, Michelle Tonkinson (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit Estate of Cowan)(Baker, Linus)
January 12, 2022 Opinion or Order Filing 10 ORDER. The undersigned Magistrate Judge communicated with counsel, via letter dated December 28, 2021, regarding deferred scheduling in this case. Having received no response, the Rule 16 conference will be postponed until after the pending Motion to Dismiss (ECF No. 6) has been decided by the District Judge. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 1/12/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
January 11, 2022 Opinion or Order Filing 9 REPLY TO RESPONSE TO MOTION by Defendant Walmart Inc. re: #6 Motion to Dismiss for Failure to State a Claim (Henderson, William)
December 28, 2021 Opinion or Order Filing 8 MEMORANDUM IN OPPOSITION by Plaintiffs Michelle Tonkinson, Michelle Tonkinson re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Baker, Linus)
December 27, 2021 Opinion or Order Filing 7 MEMORANDUM IN SUPPORT of #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Walmart Inc.(Henderson, William)
December 27, 2021 Opinion or Order Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Walmart Inc. (Henderson, William)
December 21, 2021 Opinion or Order Filing 5 CERTIFICATE OF SERVICE of Notice of Filing Notice of Removal by Walmart Inc.. (Attachments: #1 Exhibit Exhibit A)(Henderson, William)
December 21, 2021 Opinion or Order Filing 4 DESIGNATION OF PLACE OF TRIAL filed by Defendant Walmart Inc. - trial to be held in Kansas City. (Henderson, William)
December 21, 2021 Opinion or Order Filing 3 CORPORATE DISCLOSURE STATEMENT by Walmart Inc. identifying None as corporate parent . (Henderson, William)
December 21, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET by Defendant Walmart Inc.. (Henderson, William)
December 21, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from District Court of Johnson County, KS, case number 21CV05493 Trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-5668086.), filed by Walmart Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Henderson, William)
December 21, 2021 Opinion or Order NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Sam A. Crow and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (lb)

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Defendant: Walmart Inc.
Represented By: Anna M. Berman
Represented By: Isaac William Straub
Represented By: William H. Henderson
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Defendant: Wal-Mart Stores, Inc.
Represented By: Anna M. Berman
Represented By: Isaac William Straub
Represented By: William H. Henderson
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Defendant: FNU LNU
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Defendant: Walmart, Inc.
Represented By: Anna M. Berman
Represented By: Isaac William Straub
Represented By: William H. Henderson
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Plaintiff: Michelle Tonkinson
Represented By: Linus L. Baker
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