Serna v. Home Depot U.S.A. Inc.
| Sherry Serna and Sherry Lasky |
| Home Depot U.S.A., Inc., The Home Depot Supply, Inc. and Home Depot U.S.A. Inc. doing business as Home Depot #1519, The doing business as Littleton Home Depot #1519 |
| 1:2022cv02604 |
| October 4, 2022 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Regina M Rodriguez |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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| Filing 28 MEMORANDUM regarding #27 MOTION for Extension of Time to Designate Non-Parties at Fault filed by Home Depot U.S.A. Inc. Motion referred to Magistrate Judge S. Kato Crews, by Judge Regina M. Rodriguez on 11/22/2022. Text Only Entry (rmrja) |
| Filing 27 MOTION for Extension of Time to Designate Non-Parties at Fault by Defendant Home Depot U.S.A. Inc.. (Attachments: #1 Proposed Order (PDF Only))(Layton, Alexandria) |
Filing 26
ORDER granting #25 Motion to Withdraw as Attorney. Attorney Heidi Ann Tanner is permitted to withdraw as counsel for Plaintiff. The Court notes that Plaintiff continues to be represented by Juliet Cornett. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Ms. Tanner's email address from future ECF filings and electronic notifications in this matter. SO ORDERED by Judge Regina M. Rodriguez on 11/21/2022. Text Only Entry(rmrja)
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| Filing 25 MOTION to Withdraw as Attorney by Plaintiff Sherry Serna. (Cornett, Juliet) |
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Filing 24
MINUTE ORDER The Telephonic Scheduling Conference set for 11/28/2022 is VACATED and will be reset upon a ruling on #19 MOTION to Stay Discovery Pending Plaintiff's Hip Surgery filed by Home Depot U.S.A. Inc. The Court will await Plaintiff's response to the motion. Plaintiff's response shall indicate the specific date or timing of Plaintiff's surgery. SO ORDERED by Magistrate Judge S. Kato Crews on 11/21/2022. Text Only Entry (amont, )
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| Filing 23 MEMORANDUM regarding #19 MOTION to Stay Discovery Pending Plaintiff's Hip Surgery filed by Home Depot U.S.A. Inc., #14 Partial MOTION to Dismiss for Failure to State a Claim filed by Home Depot U.S.A. Inc., #12 MOTION to Dismiss Fourth Claim for Relief filed by Sherry Serna. Motions referred to Magistrate Judge S. Kato Crews, by Judge Regina M. Rodriguez on 11/18/2022. Text Only Entry (rmrja) |
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Filing 22
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M. Rodriguez on 11/18/2022. Text Only Entry (rmrja)
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| Filing 21 CASE REASSIGNED pursuant to #20 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-02604-RMR. (Text Only Entry) (csarr, ) |
| Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Defendant Home Depot U.S.A. Inc. All parties do not consent.. (Layton, Alexandria) |
| Filing 19 MOTION to Stay Discovery Pending Plaintiff's Hip Surgery by Defendant Home Depot U.S.A. Inc.. (Layton, Alexandria) |
| Filing 18 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #17 Notice of Entry of Appearance filed by attorney Juliet L. Cornett. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (csarr, ) |
| Filing 17 NOTICE of Entry of Appearance by Juliet L. Cornett on behalf of Sherry SernaAttorney Juliet L. Cornett added to party Sherry Serna(pty:pla) (Cornett, Juliet) |
| Filing 16 NOTICE of Change of Address/Contact Information by Lee Allen Mickus (Mickus, Lee) |
| Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #10 Notice of Entry of Appearance filed by attorney Alexandria LaVonne Layton. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (csarr, ) |
| Filing 14 Partial MOTION to Dismiss for Failure to State a Claim by Defendant Home Depot U.S.A. Inc.. (Mickus, Lee) |
| Filing 13 ANSWER to #6 Amended Complaint by Home Depot U.S.A. Inc..(Mickus, Lee) |
| Filing 12 MOTION to Dismiss Fourth Claim for Relief by Plaintiff Sherry Serna. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Re: Motion to Dismiss Fourth Claim for Relief)(Tanner, Heidi) |
| Filing 11 NOTICE of Entry of Appearance by Heidi Ann Tanner on behalf of Sherry SernaAttorney Heidi Ann Tanner added to party Sherry Serna(pty:pla) (Tanner, Heidi) |
| Filing 10 NOTICE of Entry of Appearance by Alexandria LaVonne Layton on behalf of Home Depot U.S.A. Inc.Attorney Alexandria LaVonne Layton added to party Home Depot U.S.A. Inc.(pty:dft) (Layton, Alexandria) |
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Filing 9
MINUTE ORDER Setting Telephone Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 11/28/2022 11:00 AM before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. IT IS FURTHER ORDERED that a completed Magistrate Judge Consent Form (ECF. #8 ) shall be filed no later than seven calendar days before the conference. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 10/6/2022. Text Only Entry (amont, )
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| Filing 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jtorr, ) |
| Filing 7 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jtorr, ) |
| Filing 6 First AMENDED COMPLAINT against Home Depot U.S.A. Inc., filed by Sherry Serna.(jtorr, ) |
| Filing 5 AFFIDAVIT of Service of Summons, Complaint, Civil Cover Sheet, and Delay Reduction Order upon Home Depot USA, Inc on 09/14/2022. (jtorr, ) |
| Filing 4 AFFIDAVIT of Service of Summons, Complaint, Civil Cover Sheet, and Delay Reduction Order upon The Home Depot Supply, Inc on 09/14/2022. (jtorr, ) |
| Filing 3 COMPLAINT against Home Depot U.S.A. Inc., filed by Sherry Serna.(jtorr, ) |
| Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (jtorr, ) |
| Filing 1 NOTICE OF REMOVAL by The Home Depot Supply, Inc., Home Depot U.S.A., Inc. from District Court, Arapahoe County, Case Number 2022CV31672. (Filing fee $ 402, Receipt Number ACODC-8696484), filed by The Home Depot Supply, Inc., Home Depot U.S.A., Inc.. (Attachments: #1 Exhibit 1 - Home Depot name change, #2 Exhibit 2 - Summons to Home Depot U.S.A., #3 Exhibit 3 - Summons to Home Depot Supply, #4 Exhibit 4 - State Court Complaint, #5 Exhibit 5 - State Court Register of Actions, #6 Exhibit 6 - State Court Civil Cover Sheet, #7 Exhibit 7 - State Court Delay Reduction Order, #8 Exhibit 8 - Affidavit of Service for Home Depot Supply, #9 Exhibit 9 - Affidavit of Service for Home Depot U.S.A., #10 Exhibit 10 - State Court Plaintiff's Motion to Dismiss 2nd through 6th claims, #11 Exhibit 11 - State Court First Amended Complaint attached to Plaintiff's Motion to Dismiss 2nd through 6th claims, #12 Exhibit 12 - State Court proposed order for Plaintiff's Motion to Dismiss 2nd through 6th claims, #13 Exhibit 13 - Advanced Chiropractic and Wellness record, #14 Exhibit 14 - real estate license for Plaintiff, #15 Exhibit 15 - Plaintiff's LinkedIn profile, #16 Exhibit 16 - Plaintiff's Zillow statement, #17 Exhibit 17 - Plaintiff's voter record, #18 Exhibit 18 - Home Depot U.S.A. Secretary of State Periodic Report, #19 Exhibit 19 - HD Supply Secretary of State Periodic Report, #20 Civil Cover Sheet)(Mickus, Lee) |
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