Osborne v. Walmart Inc.
| Kristen Osborne |
| Walmart Inc. |
| 1:2023cv02382 |
| September 13, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Scott T Varholak |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Disability) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 Proposed Scheduling Order by Plaintiff Kristen Osborne. (Sahli, Lisa) |
Filing 24
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak non-dispositive matters. 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 D.C.COLO.LCivR 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, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 11/3/2023. Text Only Entry
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| Filing 23 CORPORATE DISCLOSURE STATEMENT. (Sahli, Lisa) |
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Filing 22
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/3/2023. Based on defendant's representation that the Court has jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 2, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of her citizenship. Rule 7.1, as amended in December 2022, states that, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party... must, unless the court orders otherwise, file a disclosure statement. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party... when the action is filed in or removed to federal court." Fed. R. Civ. P. 7.1(a)(2). The Committee Notes state that disclosure is designed to facilitate an early and accurate determination of jurisdiction. Fed. R. Civ. P. 7.1 (Advisory Comm. Notes). For purposes of federal diversity jurisdiction, an individual's state citizenship is equivalent to domicile." Smith v. Cummings, 445 F.3d 1254, 1259 (10th Cir. 2006). "To establish domicile in a particular state, a person must be physically present in the state and intend to remain there." Id. at 1260. On or before November 10, 2023, plaintiff Kristen Osborne shall file a disclosure statement in accordance with Rule 7.1 identifying her citizenship at the time of removal. Text Only Entry. (jtorr, )
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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 Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-02382-PAB. (Text Only Entry) (schap, ) |
| Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Kristen Osborne All parties do not consent.. (Sahli, Lisa) |
| Filing 19 DEMAND for Trial by Jury by Plaintiff Kristen Osborne. (Sahli, Lisa) |
| Filing 18 ANSWER to #17 Amended Complaint by Walmart Inc..(Baird, John) |
| Filing 17 AMENDED COMPLAINT against Walmart Inc., filed by Kristen Osborne.(cmadr, ) Modified to correct PDF on 11/1/2023 (jtorr, ). |
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Filing 16
Minute Order: This matter is before the Court on Plaintiff's #14 Notice of Amended Complaint. Because the Notice complies with the requirements of Fed. R. Civ. P. 15(a)(1)(A) and D.C.COLO.LCivR 15.1(a), the Court accepts it as filed. The Clerk of Court is directed to enter [14-2] as the Plaintiff's Amended Complaint. SO ORDERED, by Magistrate Judge Scott T. Varholak on 09/28/2023. Text Only Entry (stvlc5, )
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| Filing 15 NOTICE of Entry of Appearance by Lisa Rae Sahli on behalf of Kristen OsborneAttorney Lisa Rae Sahli added to party Kristen Osborne(pty:pla) (Sahli, Lisa) |
| Filing 14 NOTICE of Amended Complaint by Plaintiff Kristen Osborne (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sahli, Lisa) |
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Filing 13
ORDER granting Defendant's #12 Unopposed Motion for Extension of Time. Defendant shall have a 14-day extension, up to and including October 4, 2023, in which answer or otherwise respond to Plaintiff's Complaint. by Magistrate Judge Scott T. Varholak on 9/22/2023. Text Only Entry(stvlc5, )
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| Filing 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #6 Complaint by Defendant Walmart Inc.. (Attachments: #1 Proposed Order (PDF Only))(Baird, John) |
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Filing 11
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE. Consent Form due by 11/1/2023. Scheduling Conference set for 11/15/2023 at 11:30 AM before Magistrate Judge Scott T. Varholak in Courtroom A402 of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. At least 21 days in advance of the scheduling conference, the parties shall meet and attempt to agree upon a scheduling order pursuant to Fed. R. Civ. P. 26(f). Proposed Scheduling Order due by 11/8/2023. Because this matter is proceeding on the basis of diversity jurisdiction, each party shall ensure that the disclosure statement required by Fed. R. Civ. P. 7.1(a)(2) has been filed on or before 11/1/2023. Please see attached Order for additional information. By Magistrate Judge Scott T. Varholak on 9/14/2023. (trvo, )
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| Filing 10 MEMORANDUM RETURNING CASE by Senior Judge Robert E. Blackburn. This case is randomly reassigned to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 23-cv-02382-STV . (sphil, ) |
| Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) |
| Filing 8 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Susan Prose. Text Only Entry (efoga, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of Summons, District Court Civil Case Cover Sheet, and Complaint upon Walmart, Inc. on 8/23/2023 (efoga, ) |
| Filing 6 COMPLAINT against Walmart Inc., filed by Kristen Osborne.(efoga, ) |
| Filing 5 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) (efoga, ) |
| Filing 4 NOTICE of Entry of Appearance by Beth Ann Doherty Quinn on behalf of Walmart Inc.Attorney Beth Ann Doherty Quinn added to party Walmart Inc.(pty:dft) (Quinn, Beth) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Walmart Inc. for Walmart Inc.. (Baird, John) |
| Filing 2 NOTICE of Entry of Appearance by John Mark Baird on behalf of Walmart Inc. (Baird, John) |
| Filing 1 NOTICE OF REMOVAL by Walmart Inc. from Logan County District Court, Case Number 2023cv30045. (Filing fee $ 402, Receipt Number ACODC-9293295), filed by Walmart Inc.. (Attachments: #1 Exhibit A, Complaint, #2 Exhibit B, Civil Cover Sheet, #3 Exhibit C, Summons, #4 Exhibit D, Affidavit of Service, #5 Civil Cover Sheet)(Baird, John) |
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| Plaintiff: Kristen Osborne | |
| Represented By: | Lisa Rae Sahli |
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| Defendant: Walmart Inc. | |
| Represented By: | Beth Ann Doherty Quinn |
| Represented By: | John Mark Baird |
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