McCrory v. Costco Wholesale Corporation
Plaintiff: Danielle Marie McCrory
Defendant: Carlos Jesus Nunez
Petitioner: Costco Wholesale Corporation
Case Number: 1:2021cv00496
Filed: November 15, 2021
Court: US District Court for the Southern District of Alabama
Presiding Judge: Sonja F Bivins
Referring Judge: William H Steele
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Personal Injury
Jury Demanded By: Plaintiff
Docket Report

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

Date Filed Document Text
April 11, 2022 Opinion or Order Filing 29 ORDER granting #28 Motion to Dismiss. This action is dismissed with prejudice. Signed by District Judge William H. Steele on 4/11/22. (cmj)
April 6, 2022 Filing 28 Joint MOTION to Dismiss with Prejudice filed by Costco Wholesale Corporation. (Attachments: #1 Text of Proposed Order Proposed Order) (DeMarco, Paul)
April 6, 2022 MOTIONS REFERRED: #28 Joint MOTION to Dismiss with Prejudice to Judge Steele (cmj)
February 8, 2022 Opinion or Order Filing 27 ORDERdenying #11 Plaintiff's Motion for Leave to File first amended complaint as set out. Plaintiff's request that case be remanded (doc. 22), construed as a motion for such relief is denied as set out. Signed by District Judge William H. Steele on 2/7/22. (cmj)
February 7, 2022 Opinion or Order Filing 26 PROTECTIVE ORDER. Signed by Magistrate Judge Sonja F. Bivins on 2/7/22. (cmj)
February 7, 2022 Opinion or Order Filing 25 HIPAA PROTECTIVE ORDER. Signed by Magistrate Judge Sonja F. Bivins on 2/7/22. (cmj)
January 25, 2022 Filing 24 Joint MOTION for Protective Order filed by Costco Wholesale Corporation. (Attachments: #1 Text of Proposed Order Protective Order) (DeMarco, Paul)
January 25, 2022 Filing 23 MOTION for Protective Order for Qualified HIPAA Order filed by Costco Wholesale Corporation. (Attachments: #1 Text of Proposed Order Quailified HIPAA Order) (DeMarco, Paul)
January 25, 2022 Filing 22 REPLY to Response to Motion #11 filed by Danielle Marie McCrory. (Barber, Charles)
January 25, 2022 REFERRAL OF #22 Reply to Response to Motion to Judge Steele. (cmj)
January 25, 2022 MOTIONS REFERRED: #23 MOTION for Protective Order for Qualified HIPAA Order, #24 Joint MOTION for Protective Order Referred to Judge Sonja F. Bivins. (cmj)
January 21, 2022 Filing 21 Notice of Filing Defendant's Initial Disclosures filed by Costco Wholesale Corporation. (DeMarco, Paul)
January 21, 2022 Filing 20 Notice of Filing Initial Disclosures filed by Danielle Marie McCrory. (Barber, Charles)
January 19, 2022 REFERRAL OF #19 Response to Order to Judge Steele. (cmj)
January 18, 2022 Filing 19 RESPONSE TO ORDER re: #18 Order Setting Motion Deadline/Hearing, by Costco Wholesale Corporation filed by Costco Wholesale Corporation. (DeMarco, Paul)
January 12, 2022 Opinion or Order Filing 18 Order Setting Motion Deadline re: #11 MOTION for Leave to File First Amended Complaint filed by Danielle Marie McCrory. Defendant's supplemental brief/response due by 1/18/2022; Plaintiff's reply due by 1/25/2022. Motion to be taken under submission on 1/25/2022. Signed by District Judge William H. Steele on 1/11/22. (cmj)
January 11, 2022 Opinion or Order Filing 17 SCHEDULING ORDER: Pretrial Conference set for 1/17/2023 10:00 AM in US Courthouse, Judge's Chambers, 155 St. Joseph Street, Mobile, AL 36602 before District Judge William H. Steele. Jury Selection set for 1/31/2023 08:45 AM in US Courthouse, Courtroom 4A, 155 St. Joseph Street, Mobile, AL 36602 before District Judge William H. Steele. Discovery cutoff 7/29/2022. Amended Pleadings due by 1/28/2022 for plaintiff and 3/2/22 for defendant. Motions due by 8/19/2022. Telephonic Pre-Settlement Conference set for 8/1/2022 01:00 PM before Magistrate Judge Sonja F. Bivins. Joint Proposed Protective Order due by 1/21/2022.. Signed by Magistrate Judge Sonja F. Bivins on 1/11/22. (Attachments: #1 Standing Pretrial Order) (cmj) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
January 11, 2022 REFERRAL OF #16 Objection to Judge Steele. (cmj)
January 10, 2022 Filing 16 Objection re: #11 MOTION for Leave to File First Amended Complaint filed by Costco Wholesale Corporation. (DeMarco, Paul)
January 10, 2022 Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Telephone Scheduling Conference held on 1/10/2022. DCR Digital Audio Recording. (srd)
January 3, 2022 Opinion or Order Filing 14 Order setting telephonic scheduling conference. Telephonic Scheduling Conference set for 1/10/2022 11:00 AM before Magistrate Judge Sonja F. Bivins. Signed by Magistrate Judge Sonja F. Bivins on 12/30/21. (cmj)
January 3, 2022 Opinion or Order Filing 13 Order Setting Motion Deadline re: #11 MOTION for Leave to File First Amended Complaint filed by Danielle Marie McCrory. Responses due by 1/10/2022. Signed by District Judge William H. Steele on 12/30/21. (cmj)
December 30, 2021 Filing 12 REPORT of Rule 26(f) Planning Meeting . (DeMarco, Paul)
December 30, 2021 MOTIONS REFERRED: #11 MOTION for Leave to File First Amended Complaint to Judge Steele (cmj)
December 30, 2021 REFERRAL OF #12 Report of Rule 26(f) Planning Meeting to Judge Bivins. (cmj)
December 29, 2021 Filing 11 MOTION for Leave to File First Amended Complaint filed by Danielle Marie McCrory. (Attachments: #1 Exhibit 1st Amended Complaint) (Barber, Charles)
December 29, 2021 Opinion or Order Filing 10 Order striking #6 Amended Complaint filed by Danielle Marie McCrory. Signed by District Judge William H. Steele on 12/29/21. (cmj)
December 29, 2021 Filing 9 AFFIDAVIT of Service for 1st Amended Complaint served on Defendant Carlos Jesus Nunez on 12/28/2021, filed by Danielle Marie McCrory. (Barber, Charles)
December 29, 2021 Return of Service Executed Carlos Jesus Nunez served on 12/28/2021, answer due 1/18/2022.(SEE IMAGE AT DOC 9) (cmj)
December 28, 2021 Filing 8 Summons Issued as to Carlos Jesus Nunez. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (cmj)
December 28, 2021 Filing 7 NOTICE of Filing Proposed Summons by Danielle Marie McCrory on Defendant Carlos Jesus Nunez (Barber, Charles)
December 28, 2021 Filing 6 (STRICKEN PER ORDER, doc. 10) AMENDED COMPLAINT against All Defendants, filed by Danielle Marie McCrory. (Barber, Charles) Modified on 12/29/2021 (cmj).
December 9, 2021 Opinion or Order Filing 5 Order re: #4 Amended Notice of Removal filed by Costco Wholesale Corporation. The Court is satisfied that defendant has met its burden of demonstrating the existence of subject matter jurisdiction as set out. Signed by District Judge William H. Steele on 12/9/21. (cmj)
December 1, 2021 Filing 4 AMENDED NOTICE OF REMOVAL Costco Wholesale Corporation's Supplement to Notice of Removal from Mobile County Circuit Court, case number 02-CV-2021-901759., filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit Ex 1 - Faulkner Declaration, #2 Exhibit Ex 2 - Davis Declaration) (DeMarco, Paul)
November 18, 2021 Opinion or Order Filing 3 Order re: #1 Notice of Removal filed by Costco Wholesale Corporation. Defendant is ORDERED to file and serve such supplemental materials it deems adequate to establish subject matter jurisdiction NLT 12/1/2021, as set out. Signed by District Judge William H. Steele on 11/17/2021. (meh)
November 17, 2021 Opinion or Order Filing 2 PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 1/3/2022. Signed by Magistrate Judge Sonja F. Bivins on 11/17/2021. (Attachments: #1 Consent Form) (meh)
November 15, 2021 Filing 1 NOTICE OF REMOVAL to Federal Court ( Filing fee $ 402, Receipt number AALSDC-2907738, Online Credit Card Payment), filed by Costco Wholesale Corporation. (Attachments: #1 Notice of Removal, #2 Declaration, #3 Civil Case, #4 Corporate Disclosure) (DeMarco, Paul) (Attachment 2 replaced on 11/18/2021) (meh).

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Plaintiff: Danielle Marie McCrory
Represented By: Charles Joseph Barber, II
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Petitioner: Costco Wholesale Corporation
Represented By: Paul J. DeMarco
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Defendant: Carlos Jesus Nunez
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