Fernandez v. Tate et al
Plaintiff: Laura Fernandez
Defendant: John I. Tate, Sr., Wynne Transportation, LLC, WalMart, Inc., John Doe 1-4 and John Doe Entities 1-4
Case Number: 5:2023cv05097
Filed: June 21, 2023
Court: US District Court for the Western District of Arkansas
Presiding Judge: Timothy L Brooks
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2023 Filing 38 REPLY to Response to Motion re #19 MOTION to Remand filed by Laura Fernandez. (Attachments: #1 Exhibit A)(Beard, Robert)
August 16, 2023 Filing 37 Corporate Disclosure Statement by Wynne Transportation, LLC. (Sallings, Jerry)
August 15, 2023 Filing 36 TEXT ONLY ORDER GRANTING #35 Motion to Change the Date for the Case Management Hearing. NOTE: All deadlines set forth in the Initial Scheduling Order remain. The hearing will be reset by separate order. Signed by Honorable Timothy L. Brooks on August 15, 2023. (slc)
August 15, 2023 ***CASE MANAGEMENT HEARING set for 9/14/2023 10:30 AM TERMINATED. Signed by Honorable Timothy L. Brooks on August 15, 2023. (slc)
August 9, 2023 Filing 35 MOTION to Amend/Correct 32 Order Setting/Resetting Hearings by John I. Tate, Sr, Wynne Transportation, LLC. (Sallings, Jerry)
August 9, 2023 Filing 34 TEXT ONLY ORDER granting #30 Motion for Leave to File Reply. Plaintiff may file a reply to Defendants' response to the motion to remand by no later than August 18, 2023. Said reply must be no longer than five (5) pages. Signed by Honorable Timothy L. Brooks on August 9, 2023. (ee)
August 8, 2023 Filing 33 NOTICE of Appearance by Barrett Deacon on behalf of WalMart, Inc.. (Deacon, Barrett)
August 8, 2023 Filing 32 TEXT ONLY ORDER Resetting CASE MANAGEMENT HEARING - via ZOOM: Case Management Hearing reset for 9/14/2023 10:30 AM before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on August 8, 2023. (slc)
August 7, 2023 Filing 31 JOINT REPORT of Rule 26(f) Planning Meeting by Laura Fernandez. (Beard, Robert)
August 7, 2023 Filing 30 MOTION for Leave to to Reply to Defendants' Response to Motion to Remand by Laura Fernandez. (Beard, Robert)
August 7, 2023 Filing 29 TEXT ONLY ORDER granting #28 Motion to Withdraw as Attorney. Attorney Emily M. Runyon withdrawn, and the Clerk of Court is directed to remove her name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable Timothy L. Brooks on August 7, 2023. (ee)
August 7, 2023 Filing 28 MOTION of Emily Runyon to Withdraw as Attorney by WalMart, Inc.. (Runyon, Emily)
August 4, 2023 Filing 27 TEXT ONLY ORDER GRANTING #25 Motion for Extension of Time to Respond to Motion to Remand. Separate Defendants John I. Tate and Wynne Transportation, LLC's response must be filed on or before AUGUST 11, 2023. Signed by Honorable Timothy L. Brooks on August 4, 2023. (slc)
August 4, 2023 Filing 26 RESPONSE IN OPPOSITION TO Motion re #19 MOTION to Remand Response to Plaintiff's Motion to Remand filed by John I. Tate, Sr, Wynne Transportation, LLC. (Attachments: #1 Exhibit Affidavit of Bedford Wynne)(Sallings, Jerry)
August 4, 2023 Filing 25 MOTION to Extend Motion of John Tate and Wynne Transportation to Extend Time to Respond to Motion to Remand by John I. Tate, Sr. (Sallings, Jerry)
August 2, 2023 Filing 24 REPLY by WalMart, Inc. re #9 MOTION to Dismiss for Failure to State a Claim Defendant Walmart Inc.'s Reply in Support of Motion to Dismiss for Failure to State a Claim. (Alexander, John)
August 2, 2023 Filing 23 TEXT ONLY ORDER GRANTING #22 Separate Defendant Walmart Inc.'s Motion for Leave to File a Reply Brief in Support of Motion to Dismiss Plaintiff's Amended Complaint. NOTE: The reply brief must be filed on or before FRIDAY, AUGUST 4, 2023. Signed by Honorable Timothy L. Brooks on August 2, 2023. (slc)
August 1, 2023 Filing 22 MOTION for Leave to Separate Defendant Walmart Incs Motion for Leave to File a Reply Brief in Support of Motion to Dismiss Plaintiffs Amended Complaint by WalMart, Inc.. (Attachments: #1 Exhibit 1)(Runyon, Emily)
August 1, 2023 Filing 21 Corporate Disclosure Statement by WalMart, Inc.. (Alexander, John)
August 1, 2023 ***CASE MANAGEMENT HEARING set for 8/16/2023 03:00 PM TERMINATED (court conflict). NOTE: The hearing will be reset by separate order. Signed by Honorable Timothy L. Brooks on August 1, 2023. (slc)
July 21, 2023 Filing 20 MEMORANDUM BRIEF in Support by Laura Fernandez. (Beard, Robert)
July 21, 2023 Filing 19 MOTION to Remand by Laura Fernandez. (Beard, Robert)
July 21, 2023 Filing 18 RESPONSE IN OPPOSITION TO Motion re #9 MOTION to Dismiss for Failure to State a Claim filed by Laura Fernandez. (Beard, Robert)
July 14, 2023 Filing 17 AFFIDAVIT of Service for Summons and Complaint, filed by Laura Fernandez. Wynne Transportation, LLC served on 7/12/2023, answer due 8/2/2023. (Beard, Robert)
July 11, 2023 Filing 16 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Wynne Transportation, LLC and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg)
July 11, 2023 Filing 15 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Wynne Transportation, LLC for service of the following document: #5 Amended Complaint, #4 Complaint. (Beard, Robert)
June 30, 2023 Filing 14 TEXT ONLY ORDER granting #13 Motion for Extension of Time to File Response as to #9 MOTION to Dismiss for Failure to State a Claim. The new deadline to respond is now July 21, 2023. Signed by Honorable Timothy L. Brooks on June 30, 2023. (ee)
June 30, 2023 Filing 13 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss for Failure to State a Claim by Laura Fernandez. (Beard, Robert)
June 30, 2023 Filing 12 INITIAL SCHEDULING ORDER: Case Management Hearing set for 8/16/2023 03:00 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 8/7/2023. Signed by Honorable Timothy L. Brooks on June 30, 2023. (slc)
June 22, 2023 Filing 11 TEXT ONLY ORDER granting #8 Motion for Extension of Time to File Response to Walmart's motion to dismiss. Plaintiff's response is now due on June 30, 2023. Signed by Honorable Timothy L. Brooks on June 22, 2023. (ee)
June 21, 2023 Filing 10 STATE COURT MEMORANDUM BRIEF in Support of #9 MOTION to Dismiss for Failure to State a Claim by WalMart, Inc. (tg)
June 21, 2023 Filing 9 STATE COURT MOTION to Dismiss for Failure to State a Claim by WalMart, Inc. (tg) Modified on 6/22/2023 (tg).
June 21, 2023 Filing 8 MOTION for Extension of Time to File Response/Reply by Laura Fernandez. (Attachments: #1 Exhibit A-Motion for Extension of Time, #2 Errata B-Notice of Removal)(Beard, Robert)
June 21, 2023 Filing 7 STATE COURT ANSWER to #4 Complaint and #5 Amended Complaint with Jury Demand by Wynne Transportation, LLC.(tg)
June 21, 2023 Filing 6 STATE COURT ANSWER to #4 Complaint and #5 Amended Complaint with Jury Demand, by John I. Tate, Sr.(tg)
June 21, 2023 Filing 5 STATE COURT AMENDED COMPLAINT with Jury Demand as to #4 Complaint against John Doe Entities 1-4, Wynne Transportation, LLC, WalMart, Inc., John Doe 1-4, John I. Tate, Sr, filed by Laura Fernandez. Related document: #4 Complaint filed by Laura Fernandez.(tg)
June 21, 2023 Filing 4 STATE COURT COMPLAINT with Jury Demand against John Doe 1-4, John Doe Entities 1-4, John I. Tate, Sr, WalMart, Inc., Wynne Transportation, LLC, filed by Laura Fernandez.(tg)
June 21, 2023 Filing 3 Magistrate Notice/Consent Form (tg)
June 21, 2023 Filing 2 CIVIL COVER SHEET by John I. Tate, Sr, Wynne Transportation, LLC. (tg)
June 21, 2023 Filing 1 NOTICE OF REMOVAL from Washington County Circuit Court, case number 72CV-23-973., filed by Wynne Transportation, LLC, John I. Tate, Sr. (Attachments: #1 State Court Complaint, #2 State Court Amended Complaint, #3 State Court Tate Answer, #4 State Court Wynne Transportation, LLC)(tg)
June 21, 2023 CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #1 Notice of Removal,. You MUST pay the filing fee of $ 402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 6/23/2023 (tg)
June 21, 2023 Notice of Removal filing fee paid re #1 Notice of Removal, Clerk's Notice Regarding Filing Fee,, : $ 402, receipt number AARWDC-2793794.. (Sallings, Jerry)

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Plaintiff: Laura Fernandez
Represented By: Bryce Brewer
Represented By: Robert L. Beard
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Defendant: John I. Tate, Sr.
Represented By: Jerry Jon Sallings
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Defendant: Wynne Transportation, LLC
Represented By: Jerry Jon Sallings
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Defendant: WalMart, Inc.
Represented By: Barrett Deacon
Represented By: Emily M. Runyon
Represented By: John Edward Alexander
Represented By: Stuart P. Miller
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Defendant: John Doe 1-4
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Defendant: John Doe Entities 1-4
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