Ybarra v. Walmart, Inc.
| Lizeth Ybarra |
| Walmart, Inc. |
| 2:2023cv00639 |
| April 25, 2023 |
| US District Court for the District of Nevada |
| Gloria M Navarro |
| Elayna J Youchah |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on December 29, 2023. A more recent docket listing may be available from PACER.
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Filing 11
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 6/14/2023. By Law Clerk: C. Ponder. Pending before the Court is the Joint Proposed Discovery Plan and Scheduling Order. ECF No. #10 . The proposed plan and order seek an initial 323 day discovery period, measured from the first appearance in this case by Walmart. U.S. District Court for the District of Nevada Local Rule 26-1(a) states in pertinent part: "Plans requesting special scheduling review must include, in addition to the information required by Fed. R. Civ. P. 26(f) and LR 26-1(b), a statement of the reasons why longer or different time periods should apply to the case...." The sole bases provided for the lengthy discovery period proposed are that Plaintiff has allegedly suffered serious injuries, and a Rule 35 Examination of Plaintiff will be required. These circumstances exist for many personal injury cases that come before the Court. As a result, the parties fail to supply sufficient information warranting the extension requested in their filing. Accordingly, IT IS HEREBY ORDERED that the parties' Joint Proposed Discovery Plan and Scheduling Order (ECF No. #10 ) is DENIED without prejudice.IT IS FURTHER ORDERED that within 14 days of the date of this Order, the parties must file a revised Stipulated Discovery Plan and Scheduling Order that either complies with the 180 day presumptive discovery period in Local Rule 26-1 or provides additional support for the extension requested.(no image attached) (Copies have been distributed pursuant to the NEF - CMP)
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Filing 10
First Stipulated Discovery Plan and Scheduling Order by Plaintiff Lizeth Ybarra.. (Blackburn, Ashley)
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Filing 9
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 6/13/2023. By Law Clerk: C. Ponder. It has come to the attention of the Court that the parties have failed to file a proposed discovery plan and scheduling order in accordance with United States District Court for the District of Nevada Local Rule 26-1. Accordingly, IT IS HEREBY ORDERED that the parties must, within 14 days of the date of this Order, file either a joint proposed discovery plan and scheduling order or a stipulation to stay discovery pending the outcome of Plaintiffs Motion to Remand. (no image attached) (Copies have been distributed pursuant to the NEF - CMP)
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Filing 8
REPLY to Response to #5 Motion to Remand to State Court by Plaintiff Lizeth Ybarra. (Guindy, Joseph)
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Filing 7
RESPONSE to WITHDRAWAL of #5 Motion to Remand to State Court by Defendant Walmart, Inc. Replies due 5/26/2023. (Attachments: #1 Exhibit Complaint, #2 Exhibit Answer, #3 Exhibit Petition for Exemption from Arbitration)(Bonds, Kurt) Modified event on 5/22/2023 (EDS).
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Filing 6
STATEMENT REGARDING REMOVAL by Defendant Walmart, Inc... (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bonds, Kurt)
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Filing 5
MOTION to Remand to State Court by Plaintiff Lizeth Ybarra. Responses due by 5/24/2023. (Guindy, Joseph)
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Filing 4
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 4/26/2023. By Deputy Clerk: L. Ortiz. Statement regarding removed action is due by 5/11/2023. Joint Status Report regarding removed action is due by 5/26/2023. (Copies have been distributed pursuant to the NEF - LOE)
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Filing 3
STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - LOE)
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Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Elayna J. Youchah. (LOE)
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Filing 2
CERTIFICATE of Interested Parties by Walmart, Inc.. There are no known interested parties other than those participating in the case. (Bonds, Kurt)
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Filing 1
PETITION FOR REMOVAL from District Court, Clark County, Case Number A-23-866342-C, (Filing fee $ 402 receipt number ANVDC-7277524) by Walmart, Inc.. Certificate of Interested Parties due by 5/5/2023. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Bonds, Kurt) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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| Plaintiff: Lizeth Ybarra | |
| Represented By: | Bradley S. Mainor |
| Represented By: | Joseph J. Wirth |
| Represented By: | Ashley Marie Blackburn |
| Represented By: | Joseph W. Guindy |
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| Defendant: Walmart, Inc. | |
| Represented By: | Kurt R. Bonds |
| Represented By: | Madison Michelle Aguirre |
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