Devane v. Walmart Inc.
| Kaylan Morris and Tammy Devane |
| Walmart Inc. and Wal-Mart Stores, Inc. |
| 2:2022cv00709 |
| December 21, 2022 |
| US District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| Emily C Marks |
| Myron H Thompson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.
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Filing 120
Case reassigned to Chief Judge Emily C. Marks. Honorable Judge Myron H. Thompson no longer assigned to the case as presiding judge. (dmn, )
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Filing 119
Case transferred in from District of Alabama Northern; Case Number 2:19-cv-00650. Original file certified copy of transfer order and docket sheet received.
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Filing 118
ORDER For the reasons as set out, it is ORDERED that the Motion (doc. #108 is GRANTED to the extent the court transfers the case and DENIED in all other aspects. The Clerk is DIRECTED to transfer this action to the United States District Court for the Middle District of Alabama. Signed by Magistrate Judge Gray M Borden on 12/21/2022. (KSS) [Transferred from alnd on 12/22/2022.]
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Filing 117
RESPONSE in Support re #108 MOTION to Dismiss the Class Action Third Amended Complaint filed by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 116
ORDER granting #115 Unopposed Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Gray M Borden on 10/11/2022. (Borden, Gray) [Transferred from alnd on 12/22/2022.]
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Filing 115
Unopposed MOTION for Extension of Time to File Response/Reply as to #114 Response in Opposition to Motion by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 114
RESPONSE in Opposition re #108 MOTION to Dismiss the Class Action Third Amended Complaint filed by Tammy Devane. (Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 113
TEXT ORDER granting the unopposed #112 Motion for Extension of Time to File Response/Reply. Plaintiff is ORDERED to file her response on or before 10/7/2022 and any reply by Defendant should be filed on or before 10/14/2022.Signed by Magistrate Judge Gray M. Borden on 09/19/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 112
MOTION for Extension of Time to File Response/Reply as to #108 MOTION to Dismiss the Class Action Third Amended Complaint by Tammy Devane. (Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 111
TEXT ORDER re #108 Motion to Dismiss filed by Walmart. Plaintiff is ORDERED to file a response to the motion on or before September 23, 2022, and Defendant may file a reply on or before September 30, 2022. Signed by Magistrate Judge Gray M. Borden on 09/09/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 110
TEXT ORDER: Based on the filing of the amended complaint, and with the agreement of Defendant, the #90 Motion for Summary Judgment is MOOT.Signed by Magistrate Judge Gray M. Borden on 09/09/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 109
Brief re #106 Order, Response to Court's Order to Show Cause filed by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 108
MOTION to Dismiss the Class Action Third Amended Complaint by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 107
REPORT of Rule 26(f) Planning Meeting. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 106
ORDER that since the filing of the Defendant's Motion for Summary Judgment #90 , a Third Amended Complaint has been filed, with the court's permission, substituting Tammy DeVane as the plaintiff in this action; Walmart Inc shall SHOW CAUSE on or before September 8, 2022 why the motion for summary judgment is not moot. Signed by Magistrate Judge Gray M Borden on 8/26/2022. (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 105
AMENDED COMPLAINT against All Defendants, filed by Kaylan Morris.(Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 104
ORDER #96 Motion to Amend Complaint is GRANTED; Plaintiff shall file the third amended complaint on or before August 26, 2022; the parties shall jointly file a proposed scheduling order on or before September 2, 2022. Signed by Magistrate Judge Gray M Borden on 8/18/2022. (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 103
Minute Entry for proceedings held before Magistrate Judge Gray M Borden: Motion Hearing held on 7/28/2022 re #90 MOTION for Summary Judgment filed by Walmart Inc, and #96 MOTION to Amend/Correct and File Third Amended Complaint filed by Kaylan Morris; Atty Bartlett for pla; Atty Gresham for deft; court's opening remarks; arguments by counsel; court's questions; motions taken under advisement; order to be entered; adj. (Court Reporter Carrie Robinson) (ASL) [Transferred from alnd on 12/22/2022.]
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Filing 102
ORDER Setting Hearing before the court are two motions; #96 MOTION to Amend/Correct and File Third Amended Complaint,and #90 MOTION for Summary Judgment ; Motion Hearing set for 7/28/2022 10:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge Gray M Borden.. Signed by Magistrate Judge Gray M Borden on 6/30/2022. (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 101
REPLY Brief filed by Plaintiff Kaylan Morris re: #100 Opposition (other) filed by Kaylan Morris. (Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 100
Opposition to re #96 Opposition to Plaintiff's Motion to Amend filed by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 99
REPLY to Response to Motion re #90 MOTION for Summary Judgment filed by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 98
TEXT ORDER re #96 Opposed Motion to Amend. Plaintiff seeks to file a third amended complaint removing her as Plaintiff and adding Tammy DeVane as the new named Plaintiff. Defendant is ORDERED to file a response to the motion on or before June 7, 2022. Any reply by Plaintiff should be filed on or before June 14, 2022.Signed by Magistrate Judge Gray M. Borden on 05/17/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 97
RESPONSE to Motion re #90 MOTION for Summary Judgment filed by Kaylan Morris. (Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 96
MOTION to Amend/Correct and File Third Amended Complaint by Kaylan Morris. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Notice Letter)(Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 95
ORDER before the court is #93 Plaintiffs Motion to Stay Summary Judgment Briefing; the motion is DENIED; Due to the timing of this order, however, the court will allow Plaintiff until May 16, 2022, to file her opposition to summary judgment; Plaintiff is ORDERED to file her motion to substitute on or before May 16, 2022. Signed by Magistrate Judge Gray M Borden on 5/13/2022. (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 94
Opposition to re #93 Plaintiff's Motion to Stay filed by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 93
MOTION for Extension of Time and to Stay Summary Judgment Briefing by Kaylan Morris. (Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 92
REPORT of Rule 26(f) Planning Meeting. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 91
TEXT ORDER: Before the court is Walmart's #90 Motion for Summary Judgment. The parties are reminded of the summary judgment briefing deadlines and motion practice requirements set out in the courts Initial Order. Doc. 20. Plaintiff's response to the Motion for Summary Judgment is due on or before May 13, 2022. Defendant's reply is due on or before May 27, 2022. Signed by Magistrate Judge Gray M. Borden on 04/22/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 90
MOTION for Summary Judgment by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 89
TEXT ORDER: The parties are ORDERED to submit a new report of Parties' Planning Meeting pursuant to Rule 26 on or before April 26, 2022. Signed by Magistrate Judge Gray M Borden on 04/05/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 88
MEMORANDUM OPINION and ORDER for the reasons set out within this order, #49 Motion to Certify Class is DENIED. Signed by Magistrate Judge Gray M Borden on 3/23/2022. (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 87
DEPOSITION of Esther Gifford taken on 06/03/2021 by Kaylan Morris.(Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 86
TEXT ORDER: Plaintiff designated pages from the "Gifford" deposition in her Affirmative Deposition Designations (Doc. 70) and entered into evidence a chart with excerpts of that deposition during the class certification hearing. The deposition itself, however, does not appear to be in the record. Plaintiff is ORDERED to file the Gifford deposition on or before March 11, 2022. It may be filed under seal if required by the protective order. Signed by Magistrate Judge Gray M. Borden on 03/07/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 85
NOTICE of Conventional Filing Under Seal of the confidential exhibits to Redford's Deposition by Kaylan Morris. (Documents received in electronic format in Clerk's Office on 2/10/2022) (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 84
Evidentiary Material re: 83 Order, Defendant's Slides from the Class Certification Hearing. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 83
TEXT ORDER: Defendant is ORDERED to file a copy of all the slides used in its argument to the court during the class certification hearing. If required by the protective order, Defendant may file the slides under seal. Signed by Magistrate Judge Gray M. Borden on 02/10/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 82
Evidentiary Material re: 80 Order on Motion to Certify Class, Redford Deposition Exhibits 1 & 10-16. (Attachments: #1 Exhibit Redford Ex 10, #2 Exhibit Redford Ex 11, #3 Exhibit Redford Ex 12, #4 Exhibit Redford Ex 13, #5 Exhibit Redford Ex 14, #6 Exhibit Redford Ex 15, #7 Exhibit Redford Ex 16)(Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 81
Evidentiary Material re: 80 Order on Motion to Certify Class, Morris Deposition Exhibits 1-8. (Attachments: #1 Exhibit Part 2, Exhibits 5-8)(Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 80
TEXT ORDER: Plaintiff is ORDERED to file the exhibits to Plaintiff's deposition and Sarah Redford's deposition that have not been previously submitted on or before February 14, 2022. If required by the protective order, the exhibits may be filed under seal.Signed by Magistrate Judge Gray M. Borden on 02/10/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 79
TEXT ORDER: Any proposed order and/or response should be submitted to chambers inbox (borden_chambers@alnd.uscourts.gov) in Word format.Signed by Magistrate Judge Gray M. Borden on 01/28/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 78
TEXT ORDER granting #77 Motion for Leave to Submit a Proposed Order on or before January 31, 2022. Plaintiff is permitted, but not required, to file a response on or before February 7, 2022. Signed by Magistrate Judge Gray M. Borden on 01/28/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 77
MOTION for Leave to File a Proposed Order by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 76
Transcript of Proceedings held on 1/12/2022, before Judge Gray M. Borden. Court Reporter/Transcriber Teresa Roberson, Telephone number 205-278-2060. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/11/2022. Redacted Transcript Deadline set for 2/21/2022. Release of Transcript Restriction set for 4/21/2022. (Attachments: #1 Certificate Page) (JLC) [Transferred from alnd on 12/22/2022.]
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Filing 75
TEXT ORDER granting #74 Motion to Withdraw as Attorney for Plaintiff. Attorney Travis Edward Lynch terminated. Signed by Magistrate Judge Gray M. Borden on 01/14/2022. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 74
Unopposed MOTION to Withdraw as Attorney Travis E. Lynch by Kaylan Morris. (Attachments: #1 Text of Proposed Order)(Lynch, Travis) [Transferred from alnd on 12/22/2022.]
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Filing 73
EXHIBIT admitted on 1/12/2022 for Evidentiary Hearing by Kaylan Morris. (Attachments: #1 Exhibit 1)(ASL) [Transferred from alnd on 12/22/2022.]
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Minute Entry for proceedings held before Magistrate Judge Gray M Borden: Evidentiary Hearing held on 1/12/2022; Attys Bartlett, Garrison & Hood for pla; Attys Gresham & Lasserre for deft; court's opening remarks; pla's arguments; pla exhibit 1 identified & rec'd; deft's arguments; deft witness testimony by zoom; tendered as expert witness, court reserves ruling, direct & cross; pla's objection to expert, court's findings as stated, obj overruled; court's questions; pla request transcript; hrg adj (Court Reporter Teresa Roberson) (ASL) [Transferred from alnd on 12/22/2022.]
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Filing 72
NOTICE of Appearance by Michael R Lasserre on behalf of Walmart Inc (Lasserre, Michael) [Transferred from alnd on 12/22/2022.]
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Filing 71
NOTICE of Appearance by Christopher B Hood on behalf of Kaylan Morris (Hood, Christopher) [Transferred from alnd on 12/22/2022.]
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Filing 70
Witness List with deposition designations by Kaylan Morris. (Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 69
Witness List Walmart's Deposition Designations by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 68
ORDER for the reasons stated on the record during the hearing on 12/21/2021, #64 Defendant's Motion to Proceed on the Deposition of Sarah Butler is DENIED; on or before December 30, 2021, Defendant shall inform the court and opposing counsel whether it intends to present live or remote testimony from Butler during the class certification hearing. Signed by Magistrate Judge Gray M Borden on 12/21/2021. (KAM) [Transferred from alnd on 12/22/2022.]
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Minute Entry for proceedings held before Magistrate Judge Gray M Borden: Motion Hearing by Telephone held on 12/21/2021 re #64 MOTION for Discovery to Proceed on the Deposition of Sarah Butler filed by Walmart Inc; Atty Bartlett for pla; Atty Gresham for deft; arguments by counsel; deft's motion denied; order to be entered; adj (Court Reporter Lauren Shirley) (ASL) [Transferred from alnd on 12/22/2022.]
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Filing 67
REPLY Brief filed by Defendant Walmart Inc re: #64 MOTION for Discovery to Proceed on the Deposition of Sarah Butler filed by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 66
RESPONSE in Opposition re #64 MOTION for Discovery to Proceed on the Deposition of Sarah Butler filed by Kaylan Morris. (Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 65
TEXT ORDER: The #64 Motion To Proceed on the Deposition of Sarah Butler is SET for a telephone hearing on 12/21/2021 at 11:00 AM before Magistrate Judge Gray M. Borden. The parties are directed to dial 866-390-1828 and enter access code 9262283 no less than five minutes prior to the start of the call. If the parties encounter technical problems connecting to the call, please contact chambers directly.Signed by Magistrate Judge Gray M. Borden on 12/16/2021. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 64
MOTION for Discovery to Proceed on the Deposition of Sarah Butler by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 63
TEXT ORDER granting #62 Joint Motion to Proceed on the Depositions for all fact witnesses at the January 12, 2022 hearing on the Motion for Class Certification. The parties are ORDERED to designate all depositions on or before noon on January 5, 2022. Any objections should be filed or or before noon on January 7, 2022. Any motions related to designations should be filed on or before noon on January 10, 2022 with responses filed on or before noon on January 11, 2022.Signed by Magistrate Judge Gray M. Borden on 12/15/2021. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 62
Joint MOTION for Discovery Joint Motion to Proceed on the Depositions by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 61
REPLY to Response to Motion re #49 MOTION to Certify Class filed by Kaylan Morris. (Attachments: #1 Lynch Declaration, #2 Exhibit 9 - Part 2, #3 Exhibit 12, #4 Exhibit 13, #5 Exhibit 14)(Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 60
***Document Sealed*** Notice of conventionally filing documents under seal by Defendant Wal-mart. Exhibits 10-13 to Wal-mart's Opposition to Motion for Class Certification. (documents provided on cd) (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 59
***Document Sealed*** Defendant's Unredacted Opposition to Plaintiff's Motion for Class Certification (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 14) (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 58
Opposition to re #53 Walmart's Opposition to Plaintiff's Motion for Class Certification filed by Walmart Inc. (Attachments: #1 Affidavit Declaration of Cole R. Gresham, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14)(Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 57
TEXT ORDER granting the unopposed #56 Motion to Seal Walmart's Opposition to Class Certification and Exhibits. Signed by Magistrate Judge Gray M. Borden on 11/2/2021. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 56
Unopposed MOTION to Seal Walmart's Unopposed Motion to File its Opposition to Class Certification and Exhibits Under Seal by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 55
ORDER - before the court is Plaintiff's Motion for Class Certification and Incorporated Memorandum in Support #49 ; Based on the parties' proposed class certification schedule #54 , Defendant shall file its response to Plaintiff's motion for class certification on or before November 5, 2021; Any reply by Plaintiff shall be filed on or before December 10, 2021; Evidentiary Hearing on the motion is set for January 12,2022 09:00 AM before Magistrate Judge Gray M Borden.. Signed by Magistrate Judge Gray M Borden on 10/15/2021. (KAM) [Transferred from alnd on 12/22/2022.]
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Minute Entry for proceedings held before Magistrate Judge Gray M Borden: Telephone Conference held on 10/14/2021. (ASL) [Transferred from alnd on 12/22/2022.]
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Filing 54
Notice of filing The Parties' Joint Proposed Class Certification Schedule by Walmart Inc. (Gresham, Cole) Modified on 10/15/2021 (KAM). [Transferred from alnd on 12/22/2022.]
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Filing 53
***Document Sealed*** Unredacted Motion for Class Certification (Attachments: #1 Motion and Brief, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11) (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 52
TEXT ORDER The Telephone Conference scheduled for 10/14/2021 is RESET to 01:00 PM on the same date before Magistrate Judge Gray M Borden. Signed by Magistrate Judge Gray M Borden on October 8, 2021. (ASL) [Transferred from alnd on 12/22/2022.]
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Filing 51
ORDER - Pending before the court is Plaintiffs Motion for Class Certification #49 ; The parties are ORDERED to file a joint proposed schedule for the class certification stage of this litigation on or before October 12, 2021; Telephone Conference set for October 14, 2021 10:00 AM before Magistrate Judge Gray M Borden; The parties are DIRECTED to call 866-390-1828 to access the telephone conference. The access code is 9262283. Signed by Magistrate Judge Gray M Borden on 10/5/2021. (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 50
TEXT ORDER granting #48 Motion to Seal Document. Signed by Magistrate Judge Gray M Borden on 10/04/2021. (Borden, Gray) [Transferred from alnd on 12/22/2022.]
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Filing 49
MOTION to Certify Class by Kaylan Morris. (Attachments: #1 Lynch Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 48
MOTION to Seal Document - Class Certification Brief and Exhibits by Kaylan Morris. (Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 47
TEXT ORDER granting the unopposed #46 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Gray M. Borden on 09/29/2021. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 46
MOTION for Leave to File Excess Pages by Kaylan Morris. (Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 45
TEXT ORDER granting the #44 Joint Motion for Extension of Time to Complete Discovery. All deadlines are EXTENDED as requested in the motion.Signed by Magistrate Judge Gray M. Borden on 03/08/2021. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 44
Joint MOTION for Extension of Time to Complete Discovery by Kaylan Morris. (Lynch, Travis) [Transferred from alnd on 12/22/2022.]
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Filing 43
Walmart's ANSWER to #42 Amended Complaint by Walmart Inc.(Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 42
AMENDED COMPLAINT - SECOND AMENDED CLASS ACTION COMPLAINT against Walmart Inc, filed by Kaylan Morris.(Lynch, Travis) [Transferred from alnd on 12/22/2022.]
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Filing 41
SCHEDULING ORDER: All Discovery as to class certification due by 3/31/2021. Motions for Class Certification are due by 7/1/2021.. Signed by Magistrate Judge Gray M Borden on 10/5/2020. (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 40
REPORT of Rule 26(f) Planning Meeting. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 39
TEXT ORDER: A scheduling order has not been entered in this case and the deadlines contemplated by the #14 Report of Rule 26(f) Planning Meeting are obsolete. The parties are ORDERED to submit a new report of Parties' Planning Meeting on or before October 2, 2020.Signed by Magistrate Judge Gray M. Borden on 09/22/2020. (SUH) [Transferred from alnd on 12/22/2022.]
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Filing 38
MEMORANDUM OPINION AND ORDER - For these reasons, it is ORDERED that the Motion to Dismiss (Doc. #35 ) is GRANTED in part and DENIED in part, as follows: 1. The Motion to Dismiss is DENIED as to Morris' claims predicated on the labels "Naturally Flavored" and "No Synthetic Color, Flavor, or Sweeteners." 2. The Motion to Dismiss is GRANTED as to Morris' claims predicated on the labels "Balanced Nutrition to Help Kids Thrive" and "Nutrition to Help Kids Grow," and these claims are DISMISSED with prejudice. 3. Morris shall file a second amended complaint consistent with this Memorandum Opinion and Order no later than October 6, 2020, and Walmart shall file its responsive pleading no later than October 20, 2020. Signed by Magistrate Judge Gray M Borden on 9/22/2020. (KEK) [Transferred from alnd on 12/22/2022.]
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Filing 37
REPLY Brief in Further Support of #35 MOTION to Dismiss the Class Action Amended Complaint filed by Walmart Inc. (Gresham, Cole) Modified text on 5/1/2020 (MRR, ). [Transferred from alnd on 12/22/2022.]
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Filing 36
RESPONSE in Opposition re #35 MOTION to Dismiss the Class Action Amended Complaint filed by Kaylan Morris. (Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 35
MOTION to Dismiss the Class Action Amended Complaint by Walmart Inc. (Attachments: #1 Exhibit Exhibit A -- FDA's Nonbinding Recommendations, #2 Exhibit Exhibit B -- Shake's Nutrition Panel)(Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 34
NOTICE of Appearance by Travis Edward Lynch on behalf of Kaylan Morris (Lynch, Travis) [Transferred from alnd on 12/22/2022.]
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Filing 33
AMENDED COMPLAINT against Walmart Inc, filed by Kaylan Morris.(Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 32
ORDER- Regarding the parties' Joint Stipulation to File Amended Complaint (Doc #30 ), it is ORDERED that pltf is GRANTED leave to file the amended complaint on or before February 26, 2020; The Joint Motion to Stay Pending Resolution of Dispositive Motion (Doc #31 ) is GRANTED as follows: (1) Deft is ORDERED to file its motion to dismiss on or before March 27, 2020; (2) Pltf is ORDERED to respond to the motion to dismiss on or before April 17, 2020; (3) Deft is ORDERED to file a reply on or before May 1, 2020; The discovery deadline and dispositive motions deadline will be set after the court resolves the forthcoming motion to dismiss. Signed by Magistrate Judge Gray M Borden on 2/19/20. (MRR, ) [Transferred from alnd on 12/22/2022.]
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Filing 31
Joint MOTION to Stay Pending Resolution of Dispositive Motion by Kaylan Morris. (Bartlett, Taylor) Modified text and added filer on 2/18/2020 (MRR, ). [Transferred from alnd on 12/22/2022.]
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Filing 30
Joint STIPULATION to File First Amended Complaint re #29 Memorandum Opinion by Kaylan Morris. filed by Kaylan Morris, Walmart Inc (Attachments: #1 Exhibit A - Amended Complaint (Clean), #2 Exhibit B - Amended Complaint (Redline))(Bartlett, Taylor) Modified text and added filer on 2/18/2020 (MRR, ). [Transferred from alnd on 12/22/2022.]
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Filing 29
MEMORANDUM OPINION AND ORDER- For the reasons stated within, it is ORDERED that the Motion to Dismiss (Doc #11 ) is GRANTED in part and DENIED in part, as follows: (1) Morris' claims predicated on the label "Naturally Flavored" are DISMISSED with prejudice; (2) Morris' claims predicated on the labels "Balanced Nutrition to Help Kids Thrive" and "Nutrition to help kids grow" are DISMISSED without prejudice; (3) The motion is DENIED in all other respects; It is further ORDERED that if Morris seeks to amend her Complaint she shall file a motion for leave to amend-attaching her proposed Amended Complaint, which shall omit any claims dismissed with prejudice-no later than February 19, 2020; If Morris files a motion for leave by this deadline, Walmart shall show cause as to why it should not be granted no later than February 29, 2020. Signed by Magistrate Judge Gray M Borden on 1/29/20. (MRR, ) [Transferred from alnd on 12/22/2022.]
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Filing 28
TEXT ORDER granting #27 Motion to Withdraw. Signed by Magistrate Judge Gray M Borden on 12/20/2019. (KMAW) [Transferred from alnd on 12/22/2022.]
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Filing 27
First MOTION to Withdraw as Attorney of Record by Kaylan Morris. (Pruett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 26
PROTECTIVE ORDER (AGREED CONFIDENTIALITY ORDER). Signed by Magistrate Judge Gray M Borden on 9/10/19. (MRR, ) [Transferred from alnd on 12/22/2022.]
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Filing 25
MOTION for Protective Order Joint Motion for Entry of the Agreed Confidentiality Order by Walmart Inc., Kaylan Morris (Attachments: #1 Exhibit A)(Gresham, Cole) Modified text to add filer on 9/6/2019 (MRR, ). [Transferred from alnd on 12/22/2022.]
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Filing 24
Agreed Confidentiality Order by Walmart Inc. (Gresham, Cole) Modified text on 9/6/2019 (MRR, ). [Transferred from alnd on 12/22/2022.]
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Filing 23
REPLY in Further Support of the #11 MOTION to Dismiss the Class Action Complaint filed by Walmart Inc. (Gresham, Cole) Modified text on 8/20/2019 (MRR, ). [Transferred from alnd on 12/22/2022.]
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Filing 22
RESPONSE in Opposition re #11 MOTION to Dismiss filed by Kaylan Morris. (Bartlett, Taylor) Modified text on 8/13/2019 (MRR, ). [Transferred from alnd on 12/22/2022.]
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Filing 21
TEXT ORDER: The telephone conference scheduled for Friday, 7/19/2019 at 4:30 PM is CANCELLED. Signed by Magistrate Judge Gray M Borden on 7/18/2019. (KMAW) [Transferred from alnd on 12/22/2022.]
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Filing 20
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS. Signed by Magistrate Judge Gray M Borden on 7/17/19. (MRR, ) [Transferred from alnd on 12/22/2022.]
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Filing 19
TEXT ORDER granting #18 Motion for Extension of Time to File Response/Reply. Plaintiff's response is due on or before 8/12/2019. Defendant's reply is due on or before 8/19/2019. Signed by Magistrate Judge Gray M Borden on 7/17/2019. (KMAW) [Transferred from alnd on 12/22/2022.]
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Filing 18
Joint MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Kaylan Morris, Walmart Inc (Bartlett, Taylor) Modified to add filer on 7/17/2019 (MRR, ). [Transferred from alnd on 12/22/2022.]
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Filing 17
CONSENT to Jurisdiction by US Magistrate Judge. (MRR, ) [Transferred from alnd on 12/22/2022.]
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Filing 16
ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than July 29, 2019. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after July 29, 2019. A telephone status conference is hereby SET for 4:30 p.m. on July 19, 2019. The parties are DIRECTED to call 888-636-3807 to access the telephone conference. The access code is 3676046. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Gray M Borden on 7/16/19. (MRR, ) [Transferred from alnd on 12/22/2022.]
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Filing 15
TEXT ORDER: Pending before the court is Defendant's #11 Motion to Dismiss the Class Action Complaint. On or before 7/29/2019, Plaintiff shall file a response to the motion, and Defendant may file a reply on or before 8/5/2019. Signed by Magistrate Judge Gray M Borden on 7/15/2019. (KMAW) [Transferred from alnd on 12/22/2022.]
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Filing 14
REPORT of Rule 26(f) Planning Meeting. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 13
Case Reassigned to Magistrate Judge Gray M Borden. Magistrate Judge T Michael Putnam no longer assigned to the case. (KAM) [Transferred from alnd on 12/22/2022.]
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Filing 12
Corporate Disclosure Statement by Walmart Inc. filed by Walmart Inc (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 11
MOTION to Dismiss the Class Action Complaint by Walmart Inc. (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 10
TEXT ORDER granting #9 Motion to Withdraw as Attorney. Attorney Wesley B Gilchrist terminated. Signed by Magistrate Judge T Michael Putnam on 6/5/2019. (PMA) [Transferred from alnd on 12/22/2022.]
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Filing 9
MOTION to Withdraw as Attorney Motion is RIPE 6/4/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Walmart Inc. (Gilchrist, Wesley)[Transferred from alnd on 12/22/2022.]
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Filing 8
NOTICE of Appearance by Cole Robinson Gresham on behalf of Walmart Inc (Gresham, Cole) [Transferred from alnd on 12/22/2022.]
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Filing 7
TEXT ORDER granting #6 Motion for Extension of Time to Answer Walmart Inc, but only to the extent that the defendant is given an additional 21 days. Answer due 6/14/2019. To the extent that the defendant seeks more time, the motion is denied. Signed by Magistrate Judge T Michael Putnam on 5/23/2109. (PMA) [Transferred from alnd on 12/22/2022.]
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Filing 6
Unopposed MOTION for Extension of Time to File Answer Motion is RIPE 5/22/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Walmart Inc. (Gilchrist, Wesley) [Transferred from alnd on 12/22/2022.]
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Filing 5
SUMMONS Returned Executed Walmart Inc served on 5/3/2019, answer due 5/24/2019. (MRR, ) [Transferred from alnd on 12/22/2022.]
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Filing 4
Summons Issued as to Walmart Inc., sent via certified mail (MRR, ) [Transferred from alnd on 12/22/2022.]
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Filing 3
Request for service by certified mail filed by Kaylan Morris. (Bartlett, Taylor) [Transferred from alnd on 12/22/2022.]
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Filing 2
NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) [Transferred from alnd on 12/22/2022.]
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Filing 1
COMPLAINT against Walmart Inc, filed by Kaylan Morris.(MRR, ) [Transferred from alnd on 12/22/2022.]
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Filing Fee: Filing fee $ 400, receipt_number 1126-3335953 (ALNDCLERK19-0017). related document #1 COMPLAINT against Walmart Inc, filed by Kaylan Morris.(MRR, ). (Bartlett, Taylor) Modified on 5/1/2019 (MRR, ). [Transferred from alnd on 12/22/2022.]
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