Milner et al v. Werner Company et al
Plaintiff: Christopher M Milner and Catherine A Milner
Defendant: Werner Company, New Werner Company, Old Ladder Company, Werner Ladder Incorporated, Home Depot U.S.A. Incorporated and Unknown Parties
Case Number: 2:2022cv01051
Filed: June 21, 2022
Court: US District Court for the District of Arizona
Presiding Judge: James F Metcalf
Referring Judge: Douglas L Rayes
Nature of Suit: Personal Injury: Other
Cause of Action: 28 U.S.C. § 1446 pl Petition for Removal - Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2022 Opinion or Order Filing 25 SCHEDULING ORDER: Discovery due by 6/30/2023. Dispositive motions due by 11/15/2023. Telephonic Status Conference set for 11/9/2023 at 09:30 AM before Judge Douglas L Rayes. See document for additional deadlines and complete details. Signed by Judge Douglas L Rayes on 10/21/2022. (RMV) *Modified to correct typo in docket text on 10/24/2022 (RMV).
October 20, 2022 Filing 24 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Rule 16 Scheduling Conference held on 10/20/2022. Case management deadlines are set. Written order to issue. APPEARANCES: Telephonic appearance by Bobby Thrasher and Ben Jemsek for Plaintiffs. Telephonic appearance by Wade Causey for Defendants. (Court Reporter Jennifer Pancratz.) Hearing held 10:30 am to 10:56 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
September 16, 2022 Opinion or Order Filing 23 ORDER: IT IS ORDERED granting #22 Stipulated Motion to Vacate and Reset September 22, 2022, 9:30 a.m. Scheduling Conference. Rule 16 Scheduling Conference set for 9/22/2022 is VACATED AND RESET. Rule 16 Scheduling Conference reset for 10/20/2022 at 10:30 AM. The call-in information previously provided to the parties remains unchanged. Ordered by Judge Douglas L Rayes on 9/16/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
September 14, 2022 Filing 22 MOTION to Vacate and Reset September 22, 2022, 9:30 a.m. Scheduling Conference - Stipulated by Catherine A Milner, Christopher M Milner. (Attachments: #1 Proposed Order)(Thrasher, Bobby)
September 14, 2022 Filing 21 REPORT of Rule 26(f) Planning Meeting by Catherine A Milner, Christopher M Milner. (Thrasher, Bobby)
September 2, 2022 Filing 20 NOTICE of Service of Discovery filed by Catherine A Milner, Christopher M Milner. (Thrasher, Bobby)
August 31, 2022 Filing 19 NOTICE of Service of Discovery filed by Home Depot U.S.A. Incorporated, Werner Company. (Causey, Wade)
August 2, 2022 Filing 18 NOTICE of Appearance by Ben Jemsek on behalf of Christopher M Milner. (Jemsek, Ben)
July 19, 2022 Opinion or Order Filing 17 ORDER setting Rule 16 Scheduling Conference for 9/22/2022 at 09:30 AM before Judge Douglas L Rayes. See document for complete details. Signed by Judge Douglas L Rayes on 7/19/2022. (RMV)
July 18, 2022 Filing 16 DEFENDANT'S DEMAND for Jury Trial by Home Depot U.S.A. Incorporated, Werner Company. (Causey, Wade)
July 18, 2022 Filing 15 ANSWER to #1 Complaint by Home Depot U.S.A. Incorporated, Werner Company.(Causey, Wade) *Modified text on 7/19/2022 (WLP).
July 8, 2022 Filing 14 SERVICE EXECUTED filed by Catherine A Milner, Christopher M Milner: Certificate of Service re: Complaint et al. upon Home Depot U.S.A., Inc. on 5/27/2022. (Attachments: #1 Exhibit A - Home Depot Certificate of Service)(Thrasher, Bobby)
July 8, 2022 Filing 13 NOTICE of Party Dismissal by Catherine A Milner, Christopher M Milner. Party Werner Ladder Incorporated (a foreign corporation), New Werner Company (a foreign corporation) and Old Ladder Company (a foreign corporation) terminated. (Thrasher, Bobby)
July 7, 2022 Opinion or Order Filing 12 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 7/7/2022. (RMV)
July 7, 2022 Filing 11 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Douglas L Rayes. All further pleadings/papers should now list the following COMPLETE case number: CV-22-1051-PHX-DLR. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
July 6, 2022 Filing 10 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
July 6, 2022 Filing 9 *Election to Assign Case to District Judge by Werner Company (Causey, Wade) *Modified to Correct Event/Text on 7/7/2022 (MAP).
July 6, 2022 Opinion or Order Filing 8 ORDER: Plaintiffs must either serve a copy of the Summons, Complaint, and this Order on the remaining unserved Defendants, or seek a waiver of service for each such Defendant. If Plaintiffs do not either obtain a waiver of service or complete service of the Summons, Complaint, and this Order on the unserved Defendants within 90 days of the filing of the Complaint, or within 30 days of the filing of this Order, whichever is later, the unserved Defendant will be dismissed from this action. This matter is assigned to the standard track pursuant to Rule 16.2(b)(3) of the Local Rules of Civil Procedure. (See Order for full details.) Signed by Magistrate Judge James F Metcalf on 7/6/22. (SST)
July 5, 2022 Filing 7 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
June 22, 2022 Filing 5 NOTICE of Errata re: #1 Notice of Removal, Court Generated Civil Cover Sheet by Defendant Werner Company.. (Causey, Wade)
June 22, 2022 Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Werner Company. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected automated Civil Cover Sheet. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC)
June 21, 2022 Filing 3 Filing fee paid, receipt number AAZDC-20786822. This case has been assigned to the Honorable James F Metcalf. All future pleadings or documents should bear the correct case number: CV-22-1051-PHX-JFM. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (ARC)
June 21, 2022 Filing 2 Corporate Disclosure Statement by Werner Company. (Causey, Wade) (ARC)
June 21, 2022 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-003227. Filing fee received: $ 402.00, receipt number AAZDC-20786822 filed by Werner Company. (Causey, Wade) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(ARC)

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Search for this case: Milner et al v. Werner Company et al
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Plaintiff: Christopher M Milner
Represented By: Bobby Odell Thrasher, Jr.
Represented By: Ben Jemsek
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Plaintiff: Catherine A Milner
Represented By: Bobby Odell Thrasher, Jr.
Represented By: Ben Jemsek
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Defendant: Werner Company
Represented By: Wade Randall Causey
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Defendant: New Werner Company
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Defendant: Old Ladder Company
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Defendant: Werner Ladder Incorporated
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Defendant: Home Depot U.S.A. Incorporated
Represented By: Wade Randall Causey
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Defendant: Unknown Parties
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