Felker v. The Kroger Co., et al
| Michelle Felker |
| Kroger Texas L.P., The Kroger Co. and Kenneth J Rubenstein |
| 4:2018cv00817 |
| November 16, 2018 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on March 5, 2020. A more recent docket listing may be available from PACER.
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Filing 43
AGREED ORDER OF DISMISSAL WITH PREJUDICE. IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that Plaintiff's claims against Defendant in this action be dismissed with prejudice against the refiling of same, with each party to pay their own court costs. Signed by District Judge Amos L. Mazzant, III on 3/5/2020. (baf, )
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Filing 42
Joint MOTION to Dismiss with Prejudice by Kroger Texas L.P.. (Attachments: #1 Text of Proposed Order)(Lightfoot, Seth)
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Filing 41
ORDER granting #40 Motion for Extension of Time to File. It is therefore ORDERED that the deadline to file closing documents is extended until March 4, 2020. Signed by District Judge Amos L. Mazzant, III on 1/31/2020. (daj, )
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Filing 40
Joint MOTION for Extension of Time to File Closing Documents by Kroger Texas L.P.. (Attachments: #1 Text of Proposed Order)(Lightfoot, Seth)
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Filing 39
REPORT of Mediation by Kenneth J Rubenstein. Mediation result: NO SETTLEMENT(Rubenstein, Kenneth)
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Filing 38
ORDER ON CLOSING DOCUMENTS. The Court has been advised by the Parties, through counsel, that all claims in the above styled civil action have been settled. Therefore, it is ORDERED that, on or before February 3, 2020, all parties shall file with the Court all papers necessary for the closing of this case and its removal from the active docket of this Court. The Court hereby CANCELS the January 6, 2020 Final Pretrial Conference. Signed by District Judge Amos L. Mazzant, III on 1/3/2020. (baf, )
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Filing 37
NOTICE of Settlement by Kroger Texas L.P. (Lightfoot, Seth)
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Filing 36
ORDER. It is hereby ORDERED that the Final Pretrial Conference of this case is set for 1/6/2020 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 12/30/2019. (baf, )
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Filing 35
Proposed Jury Instructions by Kroger Texas L.P.. (Lightfoot, Seth)
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Filing 34
Proposed Jury Instructions by Kroger Texas L.P.. (Lightfoot, Seth)
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Filing 33
RESPONSE to Motion re #31 MOTION in Limine filed by The Kroger Co.. (Lightfoot, Seth)
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Filing 32
MOTION in Limine by Kroger Texas L.P.. (Lightfoot, Seth) (Additional attachment(s) added on 12/9/2019: #1 Text of Proposed Order) (baf, ).
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Filing 31
MOTION in Limine by Michelle Felker. (Attachments: #1 Text of Proposed Order)(Toofanian, Daryoush)
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NOTICE of Deficiency regarding the MOTION IN LIMINE submitted DOCUMENT #28 - NO CERTIFICATE OF CONFERENCE. Correction should be made by ONE BUSINESS DAY (baf, )
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Filing 30
Exhibit List First Amended by Kroger Texas L.P... (Miranda, Hope)
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Filing 29
MOTION Determine Applicability of 18.001 Affidavits by Kroger Texas L.P.. (Attachments: #1 Text of Proposed Order)(Miranda, Hope)
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Filing 28
***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION in Limine by Kroger Texas L.P.. (Attachments: #1 Text of Proposed Order)(Lightfoot, Seth) Modified on 12/9/2019 (baf, ).
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Filing 27
Proposed Pretrial Order (Joint) by Michelle Felker. (Attachments: #1 Exhibit Exhibit A - Exhibit List)(Toofanian, Daryoush)
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Filing 26
***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION in Limine by Michelle Felker. (Toofanian, Daryoush) Modified on 12/6/2019 (baf, ).
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NOTICE of Deficiency regarding the MOTION IN LIMINE submitted DOCUMENT #26 - NO CERTIFICATE OF CONFERENCE AND NO PROPOSED ORDER ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, )
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Filing 25
ORDER REGARDING EXHIBITS. Signed by District Judge Amos L. Mazzant, III on 12/5/2019. (baf, )
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Filing 24
NOTICE by Michelle Felker Intent to Offer Certified Records (Toofanian, Daryoush)
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Filing 23
REPORT of Mediation by Kenneth J Rubenstein. Mediation result: IMPASSE(Rubenstein, Kenneth)
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Filing 22
MEMORANDUM OPINION AND ORDER. ORDERED that Defendants' Motion for Summary Judgment (Dkt. #17 ) is hereby GRANTED in part and DENIED in part. Plaintiff's negligence claim against Defendant Kroger Texas L.P., Plaintiff's gross-negligence claim against Defendant Kroger Texas L.P., and all of Plaintiff's claims against Defendant The Kroger Co. are hereby DISMISSED with prejudice. Signed by District Judge Amos L. Mazzant, III on 8/29/2019. (daj, )
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Filing 21
NOTICE by Michelle Felker Mediation Scheduled 11-11-19 (Toofanian, Daryoush)
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Filing 20
REPLY to Response to Motion re #17 MOTION for Summary Judgment filed by Kroger Texas L.P., The Kroger Co.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Miranda, Hope)
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Filing 19
RESPONSE to Motion re #17 MOTION for Summary Judgment filed by Michelle Felker. (Attachments: #1 Exhibit A-Affidavit of Felker, #2 Exhibit B- Deposition of Timothy Robinette, #3 Exhibit C- Deposition of Bill Mallue)(Toofanian, Daryoush)
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Filing 18
DEFICIENT DOCUMENT - PLEASE DISREGARD***RESPONSE to Motion re #17 MOTION for Summary Judgment filed by Michelle Felker. (Attachments: #1 Appendix Exhibits A-C)(Toofanian, Daryoush) Modified on 5/14/2019 (baf, ).
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NOTICE of Deficiency regarding the RESPONSE TO MOTION submitted DOCUMENT #18 - THE EXHIBITS ARE NOT ATTACHED IN COMPLIANCE WITH OUR LOCAL RULE 5. Correction should be made by ONE BUSINESS DAY (baf, )
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Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits. (tls)
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Filing 17
MOTION for Summary Judgment by Kroger Texas L.P., The Kroger Co.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Miranda, Hope)
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Filing 16
NOTICE by Michelle Felker Designation of Experts (Toofanian, Daryoush)
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Filing 15
NOTICE of Attorney Appearance by Hope Delaney Zimlich on behalf of Kroger Texas L.P., The Kroger Co. (Zimlich, Hope)
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Filing 14
ORDER - GRANTING #10 Motion for Extension of Time to File Controverting Affidavits. Defendants shall file any counteraffidavits by April 24, 2019. Signed by District Judge Amos L. Mazzant, III on 1/22/2019. (baf, )
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Filing 13
RESPONSE in Opposition re #10 MOTION for Extension of Time to File Controverting Affidavits filed by Michelle Felker. (Attachments: #1 Text of Proposed Order)(Toofanian, Daryoush)
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Filing 12
***PLEASE DISREGARD - FILED IN ERROR BY CLERK***MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Defendant Direct Contact, LLC's Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) (Dkt. #19 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 1/16/2019. (baf, ) Modified on 1/16/2019 (baf, ).
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Filing 11
ORDER. Any response to Defendants' Motion to Extend Deadline to File Controverting Affidavits (Dkt. #10 ) must be filed no later than Friday, January 18, 2019, at 5:00 p.m. Signed by District Judge Amos L. Mazzant, III on 1/16/2019. (baf, )
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***FILED IN ERROR BY CLERK - PLEASE DISREGARD. Document # 12, MEMORANDUM OPINION AND ORDER. PLEASE IGNORE.*** (baf, )
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Filing 10
MOTION for Extension of Time to File Controverting Affidavits by Kroger Texas L.P., The Kroger Co.. (Attachments: #1 Text of Proposed Order)(Lightfoot, Seth)
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Filing 9
SCHEDULING ORDER: Final Pretrial Conference set for 1/6/2020 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 4/10/2019 for Plaintiff and by 4/24/2019 for Defendant. Discovery due by 7/3/2019. Joinder of Parties due by 2/27/2019. Proposed Jury instructions/Form of Verdict due by 12/23/2019. Mediation Completion due by 11/25/2019. Designation of Mediator due by 10/14/2019. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 4/24/2019. Joint Final Pretrial Order due by 12/6/2019. Signed by District Judge Amos L. Mazzant, III on 1/12/2019. (baf, )
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| Due to the Court's schedule, the 1/16/2019 Scheduling Conference is CANCELED. The Court will issue a Scheduling Order. (kkc, ) |
| Filing 8 NOTICE by Michelle Felker of Filing of Medical Affidavits (Attachments: #1 Affidavit Medical-Frisco Orthopedics & Sports Medicine, #2 Affidavit Cost-Frisco Orthopedics & Sports Medicine, #3 Affidavit Medical-Preferred Imaging Plano, #4 Affidavit Cost-Preferred Imaging Plano, #5 Affidavit Medical- Edge PT, #6 Affidavit Cost- Edge PT, #7 Affidavit Medical-Medicos, #8 Affidavit Cost-Medicos, #9 Affidavit Medical-BS&W MC Centennial, #10 Affidavit Cost-BS&W MC Centennial, #11 Affidavit Medical-S&R Meridian, #12 Affidavit Cost-S&R Meridian)(Toofanian, Daryoush) |
| Filing 7 REPORT of Rule 26(f) Planning Meeting. (Sinor, Julia) (Additional attachment(s) added on 12/10/2018: #1 Text of Proposed Order) (baf, ). |
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Filing 6
ORDER AND ADVISORY re #1 Notice of Removal. Signed by District Judge Amos L. Mazzant, III on 11/27/2018. (baf, )
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Filing 5
ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 1/16/2019 at 1:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Rule 26 Meeting Joint Report due by 1/2/2019. Signed by District Judge Amos L. Mazzant, III on 11/27/2018. (baf, )
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| Filing 4 ***ANSWER FILED IN STATE COURT*** ANSWER to #3 Complaint by Kroger Texas L.P., The Kroger Co..(baf, ) |
| Filing 3 ***COMPLAINT FILED IN STATE COURT***COMPLAINT against Kroger Texas L.P., The Kroger Co., filed by Michelle Felker.(baf, ) |
| Filing 2 NOTICE by Kroger Texas L.P.,, The Kroger Co., Certificate of Interested Persons (Sinor, Julia) |
| Filing 1 NOTICE OF REMOVAL by Kroger Texas L.P.,, The Kroger Co., from 380th Judicial District Court, Collin County, case number 380-05380-2018. (Filing fee $ 400 receipt number 0540-7028366), filed by Kroger Texas L.P.,, The Kroger Co.,. (Attachments: #1 Appendix, #2 Exhibit State Court Docket Sheet, #3 Exhibit Citation & Service of Process, #4 Exhibit Plaintiff's Original Petition, #5 Exhibit Defendant's Original Answer, #6 Exhibit Civil Cover Sheet, #7 Exhibit Case Information Sheet)(Sinor, Julia) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
| Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, ) |
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