Gerard v. Target Corporation et al
| Eleanor D Bozeman and Vicki Gerard |
| North Little Rock Team Leader, North Little Rock Target Store, John Doe Target Store Manager, John Doe Target Team Leader, John Does, Target Corporation, Drake Baker and Does North Little Rock Team Leader, Target Store Manager, Target Team Leader and John Does 1-5 |
| 4:2020cv00231 |
| March 3, 2020 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 119 SECOND AMENDED FINAL SCHEDULING ORDER: Jury Trial set for 9/19/2023 at 9:30 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. Discovery due by 7/15/2023; Motions due by 8/1/2023; and Pretrial Disclosure Sheet due by 8/21/2023. Signed at the Direction of the Court on 4/12/2023. (hml) |
| Filing 118 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Status Conference held on 4/4/2023. (Plaintiff: Reid Byrd and Richard Quintus; Defendant: Kyle Wilson; Court Reporter: Valarie Flora.) (hml) |
| NOTICE OF DOCKET CORRECTION re #117 Answer to Amended Complaint, Third Party Complaint. CORRECTION: The docket text was modified to correct the description of the document filed as "ANSWER to #116 Third Amended Complaint with Jury demand by Target Corporation" as marked on the document. (jak) |
| Filing 117 ANSWER to #116 Third Amended Complaint with Jury demand by Target Corporation.(Trail, Zachary) (Docket text modified on 3/28/2023 to correct the description of the document filed)(jak) |
| Filing 116 AMENDED COMPLAINT Third Amended Complaint with Jury Demand against Target Corporation, filed by Vicki Gerard (Attachments: #1 Exhibit Ex. 1 - Order Opening Estate and Letters of Admin.)(Byrd, Joseph) |
Filing 115
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 03/21/2023. (llg)
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| Filing 114 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing: Status Conference set for 4/4/2023 at 1:00 PM in Little Rock Courtroom #1D before Judge Lee P. Rudofsky. (hml) |
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Filing 113
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #108 Motion for Leave to File Third Amended Complaint. The parties are directed to confer with the Court's courtroom deputy to set a status conference for early April. The Court will want to discuss where this case goes from here. The Court intends to fast track this case, given its age. Signed by Judge Lee P. Rudofsky on 3/8/2023. (hml)
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Filing 112
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #107 Motion to Substitute Party. The Clerk is directed to make the requested substitution. Signed by Judge Lee P. Rudofsky on 3/8/2023. (hml)
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| Filing 111 TRANSCRIPT of Hearing on Motions in Limine held on 1/6/2023, before Judge Lee P. Rudofsky. Court Reporter Valarie D. Flora. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 3/14/2023. Redaction Request due 3/28/2023. Redacted Transcript Deadline set for 4/7/2023. Release of Transcript Restriction set for 6/5/2023. (jbh) |
| Filing 110 RESPONSE to Motion re #108 First MOTION for Leave to File Third Amended Complaint filed by Target Corporation. (Wilson, Kyle) |
| Filing 109 RESPONSE to Motion re #107 First MOTION to Substitute Party to Vicki Gerard as Special Administratrix of the Estate of Eleanor Bozeman as Plaintiff filed by Target Corporation. (Wilson, Kyle) |
| Filing 108 First MOTION for Leave to File Third Amended Complaint by Vicki Gerard (Attachments: #1 Exhibit Third Amended Complaint)(Byrd, Joseph) |
| Filing 107 First MOTION to Substitute Party to Vicki Gerard as Special Administratrix of the Estate of Eleanor Bozeman as Plaintiff by Vicki Gerard (Attachments: #1 Exhibit Order Opening Estate and Appt. Special Admin., #2 Exhibit Letters of Special Administration)(Byrd, Joseph) |
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Filing 106
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. For the reasons discussed at the Motion in Limine Hearing 1/6/2023, the portion of Plaintiff's Motion in Limine to Limit Opinions of Target Expert Jeannine Stephens #64 that was previously held in abeyance remains in this status. The Court will resolve this portion of the Motion at trial. Signed by Judge Lee P. Rudofsky on 1/10/2023. (jwp)
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Filing 105
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. For the reasons and in the ways discussed at the Motion in Limine Hearing held on 1/6/2023, Plaintiff's First Motion in Limine to Exclude Propensity Evidence #50 is Granted in Part and Denied in Part. Signed by Judge Lee P. Rudofsky on 1/10/2023. (jwp)
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Filing 104
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. For the reasons and in the ways discussed at the Motion in Limine Hearing held on 1/6/2023, Target Corporation's Motion in Limine #4 (Steve Sharp) #66 is Granted in Part. The pattern/post-incident opinions are out. With respect to the remainder of this Motion, the Court will make a detailed written ruling later. Signed by Judge Lee P. Rudofsky on 1/10/2023. (jwp)
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Filing 103
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. For the reasons and in the ways discussed at the Motion in Limine Hearing held on 1/6/2023, Target Corporation's Omnibus Motion in Limine #63 is Granted in Part, Denied in Part, Denied as Moot in Part, and Partially Held in Abeyance. Signed by Judge Lee P. Rudofsky on 1/10/2023. (jwp)
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| Filing 102 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Initial Pretrial Conference held on 1/6/2023 to discuss outstanding motions in limine. (Plaintiff: Reid Byrd and Richard Quintus; Defendant: Kyle Wilson and Zachary Trail; Court Reporter: Valarie Flora.) (hml) |
| Filing 101 NOTICE by Vicki Gerard for Plaintiff's Suggestion of Death (Attachments: #1 Exhibit Obituary of Eleanor D. Bozeman)(Byrd, Joseph) |
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Filing 100
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. Ms. Bozeman has passed away. In light of this, the parties agree that the trial (scheduled for next week) should be continued. The Court understands that Plaintiff will be filing a suggestion of death and (probably) a motion for leave to amend the complaint. The Court directs Plaintiff to do so within the next 10 days. Target will have 7 days from the date of the filing(s) to respond. No replies. The pre-trial conference scheduled for this Friday will become a motion in limine hearing. Signed by Judge Lee P. Rudofsky on 1/3/2023. (hml)
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| Filing 99 REPLY to Response to Motion re #66 MOTION in Limine No. 4 (Steve Sharp) filed by Target Corporation. (Wilson, Kyle) |
| Filing 98 ANSWER to #97 Amended Complaint, with Jury Demand by Target Corporation.(Wilson, Kyle) |
| NOTICE OF DOCKET CORRECTION re #97 Amended Complaint. CORRECTION: The docket text was modified to indicate the document was filed against Target Corporation as marked on the document. (cmn) |
| Filing 97 AMENDED COMPLAINT Second Amended Complaint with Jury Demand against Target Corporation, filed by Vicki Gerard (Attachments: #1 Exhibit Order of Guardianship and Letters of Administration)(Byrd, Joseph) (Docket text modified on 12/22/2022 to correct parties.)(cmn) |
| Filing 96 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) With respect to #66 Defendant's Motion In Limine No. 4 (regarding Steve Sharp), the Court directs Target to file a Reply of no more than five (5) pages, limited to addressing Plaintiff's argument (on pages 3 and 4 of her Response Brief) that Target's Motion in Limine is really an untimely Daubert motion. This brief must be filed on or before December 29, 2022. Signed by Judge Lee P. Rudofsky on 12/21/2022. (nab) |
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Filing 95
ORDER denying without prejudice #59 Motion in Limine. Signed by Judge Lee P. Rudofsky on 12/21/2022. (ldb)
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Filing 94
ORDER denying without prejudice #61 Motion in Limine. Signed by Judge Lee P. Rudofsky on 12/20/2022. (ldb)
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Filing 93
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER Holding in Abeyance #63 Defendant's Motion In Limine No. 3 with Incorporated Authority (Omnibus). The Court will take up this matter at the pre-trial conference. Signed by Judge Lee P. Rudofsky on 12/20/2022. (nab)
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Filing 92
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER Holding in Abeyance #50 Plaintiff's Motion In Limine to Exclude Propensity Evidence. The Court will take up this matter at the pre-trial conference. Signed by Judge Lee P. Rudofsky on 12/16/2022. (nab)
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Filing 91
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER Granting in Part, Denying as Moot in Part, and Partially Holding in Abeyance #64 Plaintiff's Motion In Limine to Limit Opinions of Target Corporation Expert Jeannine Stephens. First, Target concedes that Ms. Stephens's Opinion #8 is inadmissible. So that portion of the Motion is granted. Second, Target has said that Ms. Stephens will not testify that Target met or complied with the ADA as described in Opinions #6 and #7. So, the portion of the Motion requesting exclusion of such testimony is denied as moot. This denial is without prejudice to re-raising the issue at trial if Target backtracks on its position. The Court will address the remaining portion of the Motion (regarding Opinions #1 and #2) at the pre-trial conference. Signed by Judge Lee P. Rudofsky on 12/16/2022. (nab)
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Filing 90
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER Denying as Moot #79 Plaintiff's Motion In Limine to Limit Opinions of Target Corporation Expert Owen Kelly, M.D. As Target explains in its Response: "Bozeman has moved to prevent Dr. Kelly from testifying at trial about Bozeman's prior falls or what caused her July 2018 fall in the North Little Rock Target.... However, Target does not intend to solicit such opinions nor are they stated in Dr. Kelly's report." So the Motion is appropriately denied as moot. This denial is without prejudice to the re-raising of this issue at trial if Target backtracks on its position. (The Court does not read this Motion to request exclusion of testimony other than Dr. Kelly's testimony. Specifically, the Court does not read this Motion as a request concerning Dr. Tremwell's testimony.) Signed by Judge Lee P. Rudofsky on 12/15/2022. (nab)
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Filing 89
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER Partially Denying as Moot and Partially Holding in Abeyance #70 Plaintiff's Motion In Limine to Limit References to a Cart as the Proximate Cause of Plaintiff's Trip and Fall. To the extent the Motion seeks to prevent Jeannine Stephens from discussing the cart as a proximate cause of the fall, the Motion is denied as moot because Target agrees Ms. Stephens will not do so. This denial is without prejudice to re-raising the issue at trial if Target backtracks on its position. As to the rest of the Motion, it is held in abeyance. The Court will decide this matter as it comes up at trial. Target may make no mention of the cart as a cause of the fall, nor elicit testimony regarding the cart as a cause of the fall, unless Target first approaches the Court at trial and affirmatively seeks permission to do so. Signed by Judge Lee P. Rudofsky on 12/15/2022. (nab)
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Filing 88
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER Granting #85 Plaintiff's Motion to Substitute Plaintiff and #84 Plaintiff's Motion for Leave to File Second Amended Complaint. In light of the October 4, 2022 Order issued by the Circuit Court of Pulaski County--which found Eleanor Bozeman to be incapacitated and thus appointed Vicki Gerard as her Permanent Guardian--substitution is appropriate under FRCP 25(b). Target argues that Ms. Bozeman's Motion is part of ongoing gamesmanship that is unfair to Target. The Court is not persuaded that Target is correct. Because the Court is allowing the substitution, the proposed amendment to the Complaint makes perfect sense. All the amendment does is substitute the proper plaintiff, remove extraneous defendants, make conforming edits, and attach the Circuit Court's aforementioned Order. The good cause for this post-amendment-deadline amendment is that the Circuit Court did not rule Ms. Bozeman incompetent until October 4, 2022. The instant Order does not address, and instead reserves, the question of whether Ms. Bozeman's incompetence may be discussed in front of the jury, and, if so, to what extent it may be discussed. Signed by Judge Lee P. Rudofsky on 12/15/2022. (nab)
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| Filing 87 RESPONSE to Motion re #85 First MOTION to Substitute Party filed by Target Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Trail, Zachary) |
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Filing 86
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: If Defendants oppose either #84 Plaintiff's Motion for Leave to File a Second Amended Complaint or #85 Plaintiff's Motion to Substitute a Party, Defendants must file any Responses by 5:00 PM central time on Tuesday, November 22, 2022.Signed by Judge Lee P. Rudofsky on 11/16/2022. (hml)
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| Filing 85 First MOTION to Substitute Party by Eleanor D Bozeman (Attachments: #1 Exhibit Order Appointing Guardian and Letters of Guardianship)(Byrd, Joseph) |
| Filing 84 First MOTION for Leave to File Second Amended Complaint by Eleanor D Bozeman (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Byrd, Joseph) |
| Filing 83 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing: Pretrial Conference reset for 1/6/2023 at 9:00 AM in Little Rock, Arkansas Courtroom #1D and Jury Trial reset for 1/9/2023 at 9:30 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. (hml) |
| Filing 82 RESPONSE in Support re #79 Fourth MOTION in Limine to Limit Opinions of Target Expert Dr. Owen Kelly filed by Target Corporation. (Trail, Zachary) |
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Filing 81
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #80 Unopposed Motion to Extend Deadline to Respond to #79 Fourth Motion in Limine. Response due by 9/9/2022. Signed by Judge Lee P. Rudofsky on 9/2/2022. (hml)
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| Filing 80 Unopposed MOTION for Extension of Time to File Response/Reply as to #79 Fourth MOTION in Limine to Limit Opinions of Target Expert Dr. Owen Kelly by Target Corporation (Trail, Zachary) |
| Filing 79 Fourth MOTION in Limine to Limit Opinions of Target Expert Dr. Owen Kelly by Eleanor D Bozeman (Attachments: #1 Exhibit Kelly Dep. Excerpts, #2 Exhibit Tremwel Dep. Excerpt)(Byrd, Joseph) |
| Filing 78 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing: Pretrial Conference reset for 11/4/2022 at 10:00 AM in Little Rock, Arkansas Courtroom #1D and Jury Trial reset to begin 11/7/2022 at 9:30 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. (hml) |
| Filing 77 RESPONSE to Motion re #64 Second MOTION in Limine to Limit Opinions of Target Expert Jeannine Stephens filed by Target Corporation. (Trail, Zachary) |
| Filing 76 RESPONSE to Motion re #61 MOTION in Limine No. 2 (Hearsay and Medical Testimony) filed by Eleanor D Bozeman. (Attachments: #1 Exhibit Ex. 1 - UAMS Medical Record, #2 Exhibit Ex. 2 - UAMS Medical Record, #3 Exhibit Ex. 3 - Dr. Bruno Dep. Excerpts, #4 Exhibit Ex. 4 - Dr. Kelly Dep. Excerpts, #5 Exhibit Ex. 5 - Dr. Collins Report, #6 Exhibit Ex. 6 - Gerard Dep. Excerpts)(Byrd, Joseph) |
| Filing 75 RESPONSE to Motion re #63 MOTION in Limine No. 3 with Incorporated Authority (Omnibus) filed by Eleanor D Bozeman. (Attachments: #1 Exhibit Ex. 1 - Dr. Collins Repor, #2 Exhibit Ex. 2 - Dr. Kelly Dep. Excerpts, #3 Exhibit Ex. 3 - Cody Dep. Excerpt, #4 Exhibit Ex. 4 - Stephens Dep. Excerpt)(Byrd, Joseph) |
| Filing 74 RESPONSE in Opposition re #59 MOTION in Limine No. 1 (Ralph Scott) filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Quintus, Richard) |
| Filing 73 RESPONSE in Support re #70 Third MOTION in Limine to Limit References to a Cart as the Proximate Cause of Plaintiff's Trip and Fall filed by Target Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Trail, Zachary) |
| Filing 72 RESPONSE in Opposition re #66 MOTION in Limine No. 4 (Steve Sharp) filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Quintus, Richard) |
| Filing 71 BRIEF IN SUPPORT re #70 Motion in Limine, to Limit References to a Cart as the Proximate Cause of Plaintiff's Trip and Fall filed by Eleanor D Bozeman. (Byrd, Joseph) |
| Filing 70 Third MOTION in Limine to Limit References to a Cart as the Proximate Cause of Plaintiff's Trip and Fall by Eleanor D Bozeman (Attachments: #1 Exhibit Ex. 1 - Stephens Dep., #2 Exhibit Ex. 2 - Poole Dep., #3 Exhibit Ex. 3 - Stephens Report, #4 Exhibit Ex. 4 - Target Guest Incident Report, #5 Exhibit Ex. 5 - Baker Dep., #6 Exhibit Ex. 6 - Cody Dep., #7 Exhibit Ex. 7 - Swint Dep.)(Byrd, Joseph) |
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Filing 69
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #68 Joint Motion to Extend Deadlines to Respond to Motions in Limine. Responses due by 8/12/2022. Signed by Judge Lee P. Rudofsky on 8/4/2022. (hml)
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| Filing 68 Joint MOTION for Extension of Time to File Response/Reply to Motions in Limine by Target Corporation (Trail, Zachary) |
| Filing 67 BRIEF IN SUPPORT re #66 Motion in Limine, No. 4 (Steve Sharp) filed by Target Corporation. (Trail, Zachary) |
| Filing 66 MOTION in Limine No. 4 (Steve Sharp) by Target Corporation (Attachments: #1 Exhibit A- Steve Sharp's CV, #2 Exhibit B- Steve Sharp's expert report, #3 Exhibit C- Steve Sharp's deposition, #4 Exhibit D- Maia Brouillette's deposition, #5 Exhibit E- Drake Baker's deposition)(Trail, Zachary) |
| Filing 65 BRIEF IN SUPPORT re #64 Motion in Limine to Limit Opinions of Target Expert Jeannine Stephens filed by Eleanor D Bozeman. (Byrd, Joseph) |
| Filing 64 Second MOTION in Limine to Limit Opinions of Target Expert Jeannine Stephens by All Plaintiffs (Attachments: #1 Document Expert Report, #2 Exhibit Deposition Excerpts)(Byrd, Joseph) |
| Filing 63 MOTION in Limine No. 3 with Incorporated Authority (Omnibus) by Target Corporation (Attachments: #1 Exhibit A- Dr. Collins's Expert Report, #2 Exhibit B- Vicki Gerard's Deposition)(Trail, Zachary) |
| Filing 62 BRIEF IN SUPPORT re #61 Motion in Limine, No. 2 (Hearsay and Medical Testimony) filed by Target Corporation. (Trail, Zachary) |
| Filing 61 MOTION in Limine No. 2 (Hearsay and Medical Testimony) by Target Corporation (Attachments: #1 Exhibit A- Vickie Gerard Deposition, #2 Exhibit B- Maia Brouillette Deposition, #3 Exhibit C- Gary Bozeman Deposition, #4 Exhibit D- Marcus Bozeman Deposition)(Trail, Zachary) |
| Filing 60 BRIEF IN SUPPORT re #59 Motion in Limine No. 1 (Ralph Scott) filed by Target Corporation. (Trail, Zachary) |
| Filing 59 MOTION in Limine No. 1 (Ralph Scott) by Target Corporation (Attachments: #1 Exhibit A- Dr. Ralph Scott's Report, #2 Exhibit B- Dr. Kevin Collins's Report)(Trail, Zachary) |
| Filing 58 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing: Pretrial Conference reset for 9/12/2022 at 1:00 PM in Little Rock, Arkansas Courtroom #1D and Jury Trial reset to begin on 9/13/2022 at 9:30 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. (hml) |
| Filing 57 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing: Pretrial Conference set for 9/12/2022 at 9:00 AM with Jury Trial set to begin on 9/12/2022 at 1:00 PM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. (hml) |
| Filing 56 BRIEF IN SUPPORT re #55 Response to Motion In Limine of Plaintiff filed by Target Corporation. (Trail, Zachary) |
| Filing 55 RESPONSE to Motion re #50 First MOTION in Limine to Exclude Propensity Evidence filed by Target Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Trail, Zachary) |
| Filing 54 TRANSCRIPT of Motion for Summary Judgment Hearing held on 3/22/2022, before Judge Lee P. Rudofsky. Court Reporter Valarie Flora. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 4/12/2022. Redaction Request due 4/26/2022. Redacted Transcript Deadline set for 5/6/2022. Release of Transcript Restriction set for 7/5/2022. (fcd) |
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Filing 53
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #52 Unopposed Motion to Extend Deadline to File Response to #50 Motion in Limine. Response due by 4/5/2022. Signed by Judge Lee P. Rudofsky on 3/28/2022. (hml)
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| Filing 52 Unopposed MOTION for Extension of Time to File Response/Reply as to #50 First MOTION in Limine to Exclude Propensity Evidence by Target Corporation (Trail, Zachary) |
| Filing 51 BRIEF IN SUPPORT re #50 Motion in Limine to Exclude Propensity Evidence filed by Eleanor D Bozeman. (Byrd, Joseph) |
| Filing 50 First MOTION in Limine to Exclude Propensity Evidence by Eleanor D Bozeman (Byrd, Joseph) |
| Filing 49 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) For the reasons stated on the record at today's hearing, Defendant's Motion for Summary Judgment is DENIED. Signed by Judge Lee P. Rudofsky on 03/22/2022. (gvl) |
| Filing 48 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky:Motion Hearing held on 3/22/2022 re #32 MOTION for Summary Judgment. After hearing arguments from the attorneys, the Court denied the motion. An order is forthcoming under separate entry. A new trial date will be set. (Plaintiff: Reid Byrd and Richard Quintus; Defendants: Kyle Wilson and Zachary Trail; Court Reporter: Valarie Flora.) (hml) |
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Filing 47
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The jury trial scheduled for 2/28/2022 is cancelled. A new trial date will be set, if necessary, following a decision on the pending motion for summary judgment. Signed by Judge Lee P. Rudofsky on 2/11/2022. (hml)
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| Filing 46 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing on #32 MOTION for Summary Judgment: Motion Hearing set for 3/22/2022 at 9:00 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. The jury trial scheduled for 2/28/2022 is cancelled. A new trial date will be set, if necessary, following a decision on the pending motion for summary judgment. (hml) |
| Filing 45 PRETRIAL DISCLOSURE SHEET by Eleanor D Bozeman. (Byrd, Joseph) |
| Filing 44 PRETRIAL DISCLOSURE SHEET by Target Corporation. (Trail, Zachary) |
| Filing 43 REPLY to Response to Motion re #32 MOTION for Summary Judgment filed by Target Corporation. (Trail, Zachary) |
| Filing 42 RESPONSE re #38 Statement of Facts (Local Rule 56.1) filed by Target Corporation. (Trail, Zachary) |
| Filing 41 EXHIBIT 3 Target Guest Incident Report - North Little Rock Store July 25, 2018 (Date of Incident) to #37 Response in Opposition to #32 Motion for Summary Judgment filed by Eleanor D Bozeman. (fjg) (Docket text modified on 11/15/2021 to correct a typographical error) (jak) |
| Filing 40 EXHIBIT 2 Target Incident Video North Little Rock Store July 25, 2018 (Date of Incident) to #37 Response in Opposition to #32 Motion for Summary Judgment filed by Eleanor D Bozeman. USB Flash Drive filed conventionally and maintained in the Clerks office. (fjg) |
| Filing 39 EXHIBIT 1 Target Surveillance Videos Collectively - North Little Rock Store July 25, 2018 (Date of Incident) to #37 Response in Opposition to #32 Motion for Summary Judgment filed by Eleanor D Bozeman. USB Flash Drive filed conventionally and maintained in the Clerks office.(fjg) |
| Filing 38 STATEMENT OF FACTS (Local Rule 56.1) re #37 Response in Opposition to Motion,,, filed by Eleanor D Bozeman. (Byrd, Joseph) |
| Filing 37 RESPONSE in Opposition re #32 MOTION for Summary Judgment filed by Eleanor D Bozeman. (Attachments: #1 Exhibit Ex. 1 - Cover Sheet Filed Under Seal Subject to Protective Order, #2 Exhibit Ex. 1A - Cover Sheet Filed Under Seal Subject to Protective ORder, #3 Exhibit Ex. 2 - Cover Sheet Filed Under Seal Subject to Protective Order, #4 Exhibit Ex. 3 - Dep. of Drake Baker, #5 Exhibit Ex. 4 - Dep. of John Poole, #6 Exhibit Ex. 5 - UAMS Medical Record, #7 Exhibit Ex. 6 UAMS Medical Record, #8 Exhibit Ex. 7 - Dep. of Dr. Ed Bruno, #9 Exhibit Ex. 8 - Dep. of Dr. Owen Kelly, #10 Exhibit Ex. 9 - Dep. of Dr. Margaret Tremwel, #11 Exhibit Ex. 10 - Dep. of Jeanine Stephens, #12 Exhibit Ex. 11 - Dep. of David Cody, #13 Exhibit Ex. 12 - Dep. of Steve Sharp)(Byrd, Joseph) |
| Filing 36 RESPONSE re #34 Statement of Facts (Local Rule 56.1) filed by Eleanor D Bozeman. (Byrd, Joseph) |
| Filing 35 STATUS REPORT Parties' Joint Report by Eleanor D Bozeman. (Quintus, Richard) |
| Filing 34 STATEMENT OF FACTS (Local Rule 56.1) re #32 Motion for Summary Judgment filed by Target Corporation. (Trail, Zachary) |
| Filing 33 BRIEF IN SUPPORT re #32 Motion for Summary Judgment filed by Target Corporation. (Trail, Zachary) |
| Filing 32 MOTION for Summary Judgment by Target Corporation (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Trail, Zachary) |
| Filing 31 AMENDED FINAL SCHEDULING ORDER: Jury Trial reset for 2/28/2022 at 9:30 AM in Little Rock, Arkansas Courtroom #2A before Judge Lee P. Rudofsky. Motions to Amend and Join Other Parties due by 9/1/2021; Discovery due by 10/1/2021; Motions due by 11/1/2021; Status Report due by 11/1/2021; and Pretrial Disclosure Sheet due by 1/28/2022. Signed at the direction of the Court on 1/21/2021. (hml) Docket text modified on 1/21/2021 to correct signing party. (kbc) |
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Filing 30
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part #29 Joint Motion for Continuance of Certain Scheduling Order Dates. An amended scheduling order is forthcoming under separate entry. Signed by Judge Lee P. Rudofsky on 1/21/2021. (hml)
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| NOTICE OF DOCKET CORRECTION re #31 Amended Final Scheduling Order. CORRECTION: The docket text was modified to correct the description to "Signed at the direction of the Court on 1/21/2021", as indicated on the document and pursuant to instruction from chambers. (kbc) |
| Filing 29 Joint MOTION to Extend Time for Certain Scheduling Order Dates by Eleanor D Bozeman (Quintus, Richard) |
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Filing 28
AGREED PROTECTIVE ORDER. Signed by Judge Lee P. Rudofsky on 10/29/2020. (ajt)
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| Filing 27 Unopposed MOTION for Protective Order by Target Corporation (Attachments: #1 Exhibit A)(Trail, Zachary) |
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Filing 26
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying as moot #22 Motion to Quash given #25 Plaintiff's Response that withdraws its Notice of Deposition. Signed by Judge Lee P. Rudofsky on 10/23/2020.(kla)
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| Filing 25 RESPONSE in Opposition re #22 MOTION to Quash or Modify Plaintiff's Notice of Deposition of Eleanor Bozeman filed by Eleanor D Bozeman. (Quintus, Richard) |
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Filing 24
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The Court directs Plaintiff Eleanor D. Bozeman to respond to #22 Defendant Target Corporation's Motion to Quash or Modify Plaintiff's Notice of Deposition by 5:00 p.m. CT on October 23, 2020. Signed by Judge Lee P. Rudofsky on 10/22/2020. (kla)
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| Filing 23 BRIEF IN SUPPORT re #22 Motion to Quash or Modify Plaintiff's Notice of Deposition filed by Target Corporation. (Trail, Zachary) |
| Filing 22 MOTION to Quash or Modify Plaintiff's Notice of Deposition by Target Corporation (Attachments: #1 Exhibit A, #2 Exhibit B)(Trail, Zachary) |
| Filing 21 FINAL SCHEDULING ORDER: Jury Trial set for 8/23/2021 at 9:30 AM in Little Rock, Arkansas Courtroom #2A before Judge Lee P. Rudofsky. Motions to Amend and Join Other Parties due by 2/24/2021; Discovery due by 3/26/2021; Motions due by 4/26/2021; Status Report due by 4/26/2021; and Pretrial Disclosure Sheet due by 7/23/2021. Signed at the Direction of the Court on 7/7/2020. (hml) |
| Filing 20 REPORT of Rule 26(f) Planning Meeting by Target Corporation. and Eleanor D. Bozeman (Trail, Zachary) |
| Filing 19 INITIAL SCHEDULING ORDER: Rule 26(f) Report due by 7/20/2020 and Jury Trial set for 6/14/2021 at 9:30 AM in Little Rock, Arkansas Courtroom #2A before Judge Lee P. Rudofsky. Signed at the Direction of the Court on 4/28/2020. (hml) |
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Filing 18
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Plaintiff wishes to voluntarily withdraw her Motion to Remand #17 . The Court allows the withdrawal and now considers #7 Plaintiff's Motion to Remand to State Court withdrawn. Plaintiff moved to dismiss separate defendant, Drake Baker, #14 from the case. All parties agree that dismissal of Drake Baker is warranted under the law. So does the Court. Accordingly, Drake Baker is dismissed from the case. Signed by Judge Lee P. Rudofsky on 04/27/2020. (kla) (Docket text modified on 4/27/2020 to correct the description of the document filed) (jak)
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| Filing 17 First MOTION to Withdraw #7 First MOTION to Remand to State Court , #8 Brief in Support by All Plaintiffs (Quintus, Richard) |
| NOTICE OF DOCKET CORRECTION re 18 Text Entry Only Order. CORRECTION: The docket text was modified to indicate the docket entry is an Order pursuant to instruction from Chambers. (jak) |
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Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: In its Motion to Remand #7 , Plaintiff argues that separate Defendant Drake Baker was properly joined, thus destroying diversity jurisdiction and making the action proper in state court only. However, Plaintiff has since then filed a Motion to Dismiss Party Drake Baker Without Prejudice #14 , in which Plaintiff agrees that Mr. Baker should not be a party to this lawsuit. In light of that Motion, the Court would like to know whether Plaintiff still moves for remand. If Plaintiff still believes remand is proper, Plaintiff is instructed to submit a supplemental brief (of no more than four pages) explaining why this is so by April 27, 2020. Signed by Judge Lee P. Rudofsky on 04/20/2020. (kla)
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| Filing 15 RESPONSE to Motion re #14 First MOTION to Dismiss Party Drake Baker Without Prejudice and Supplemental Response to Motion to Remand filed by Target Corporation. (Trail, Zachary) |
| Filing 14 First MOTION to Dismiss Party Drake Baker Without Prejudice by Eleanor D Bozeman (Quintus, Richard) |
| Filing 13 BRIEF IN SUPPORT re #12 Response to Motion To Remand filed by Target Corporation. (Trail, Zachary) |
| Filing 12 RESPONSE to Motion re #7 First MOTION to Remand to State Court filed by Target Corporation. (Trail, Zachary) |
| Filing 11 ANSWER to #9 Amended Complaint with Jury Demand by Drake Baker.(Trail, Zachary) |
| Filing 10 ANSWER to #9 Amended Complaint with Jury Demand by Target Corporation.(Trail, Zachary) |
| NOTICE OF DOCKET CORRECTION re: #9 Amended Complaint. CORRECTION: The docket text was modified to indicate the document is filed "against all Defendants". (thd) |
| Filing 9 AMENDED COMPLAINT with Jury Demand against all Defendants, filed by Eleanor D Bozeman(Quintus, Richard) (Docket text modified on 3/16/2020 to indicate the document is filed against Defendants.) (thd). |
| Filing 8 BRIEF IN SUPPORT re #7 Remand to State Court filed by Eleanor D Bozeman. (Quintus, Richard) |
| Filing 7 First MOTION to Remand to State Court by Eleanor D Bozeman (Quintus, Richard) |
| Filing 6 ANSWER to #2 Complaint with Jury Demand by Drake Baker.(jak) |
| Filing 5 ANSWER to #2 Complaint with Jury Demand by Target Corporation.(jak) |
| Filing 4 NOTICE OF DOCKET CORRECTION re #1 Notice of Removal. CORRECTION: The original document was submitted in error (missing pages). The correct document as added to docket entry #1 based on the attached correspondence. (jak) |
| Filing 3 Corporate Disclosure Statement (Rule 7.1) by Target Corporation (Trail, Zachary) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Eleanor D Bozeman.(ajt) |
| Filing 1 NOTICE OF REMOVAL by Target Corporation from Pulaski County Circuit Court, case number 60CV-19-9200. Fee $400 paid, receipt number LIT076294. (Attachments: #1 Civil Cover Sheet)(ajt) (Additional attachment(s) added on 3/10/2020: #2 Main Document - Correct (submitted 3/10/2020)) (jak). |
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