Russell v. Sams West, Inc. et al
| Mayra Russell |
| Sams West, Inc. a Division of Wal-Mart Stores Inc. doing business as Sam's Club, Wal-Mart Stores Inc., Sams Real Estate Business Trust and Countrywide Paving & Concrete, LLC |
| Wal-Mart Stores Inc., Sams Real Estate Business Trust and Sams West, Inc. |
| Countrywide Paving & Concrete, LLC |
| 1:2026cv00309 |
| January 26, 2026 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| Gordon P Gallagher |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on July 17, 2026. A more recent docket listing may be available from PACER.
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| Filing 51 ANSWER to #45 Answer to Complaint, Crossclaim and Jury Demand by Countrywide Paving & Concrete, LLC.(Chaney, Lelia) |
| Filing 50 NOTICE of Filing Amended Pleading re #48 Answer to Amended Complaint by Defendant Countrywide Paving & Concrete, LLC (Attachments: #1 Exhibit A - First Amended Answer [Clean], #2 Exhibit B - First Amended Answer [Marked])(Chaney, Lelia) |
| Filing 49 SUMMONS REQUEST as to COUNTRY WIDE PAVING & CONCRETE, LLC by Cross Claimants Sams Real Estate Business Trust, Sams West, Inc., Wal-Mart Stores Inc.. (Lewis, Dylan) |
| Filing 48 ANSWER to #37 Amended Complaint and Jury Demand Attorney Lelia Kathleen Chaney added to party Countrywide Paving & Concrete, LLC(pty:dft) by Countrywide Paving & Concrete, LLC.(Chaney, Lelia) |
Filing 47
ORDER granting #46 Motion to Withdraw Document. By District Judge Gordon P Gallagher on 6/26/2026. Text Only Entry.(eluce)
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| Filing 46 Unopposed MOTION to Withdraw Document No. 44 by Defendants Sams Real Estate Business Trust, Sams West, Inc., Wal-Mart Stores Inc.. (Lewis, Dylan) |
| Filing 45 Defendants' ANSWER to ComplaintFirst Amended Complaint, CROSSCLAIM against Countrywide Paving & Concrete, LLC by Wal-Mart Stores Inc., Sams Real Estate Business Trust, Sams West, Inc..(Lewis, Dylan) |
| Filing 44 WITHDRAWN. Defendants' ANSWER to #37 Amended Complaint by Sams Real Estate Business Trust, Sams West, Inc., Wal-Mart Stores Inc..(Lewis, Dylan) Modified on 6/26/2026 to withdraw pursuant to 47 Order (eluce, ). |
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Filing 43
Minute Order: The Sam's Club Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's First Amended Complaint, ECF No. #41 , is GRANTED for good cause shown. The Sam's Club Defendants shall answer or otherwise respond to plaintiff's First Amended Complaint, ECF No. #37 , on or before June 26, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 6/14/2026. Text Only Entry (spric)
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| Filing 42 MEMORANDUM regarding #41 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to First Amended Complaint filed by Sams West, Inc., Sams Real Estate Business Trust, Wal-Mart Stores Inc. Motion referred to Magistrate Judge Cyrus Y. Chung. By District Judge Gordon P. Gallagher on June 16, 2026. Text Only Entry. (gpglc3) |
| Filing 41 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to First Amended Complaint by Defendants Sams Real Estate Business Trust, Sams West, Inc., Wal-Mart Stores Inc.. (Lewis, Dylan) |
| Filing 40 SUMMONS Returned Executed by Mayra Russell. Countrywide Paving & Concrete, LLC served on 6/8/2026, answer due 6/29/2026. (Hoyer, Benjamin) |
| Filing 39 SUMMONS issued by Clerk re: #38 (anewt,) |
| Filing 38 SUMMONS REQUEST as to Countrywide Paving & Concrete, LLC by Plaintiff Mayra Russell. (Hoyer, Benjamin) |
| Filing 37 FIRST AMENDED COMPLAINT and Jury Demand against Countrywide Paving & Concrete, LLC, Sams Real Estate Business Trust, Sams West, Inc., Wal-Mart Stores Inc., filed by Mayra Russell. [Docketed pursuant to 36 Minute Order](agryan) |
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Filing 36
MINUTE ORDER: Before the Court is the plaintiff's Unopposed Motion to Amend Complaint and Add Party. ECF No. #34 . In the motion, the plaintiff asserts that she originally filed the motion on May 13, 2026, but that the Court has not taken action. Id. at 2. That filing, however, was not filed as a motion and instead was filed as an amended complaint. See ECF No. #33 . Still, given that the motion is unopposed, the Court GRANTS the plaintiff's Unopposed Motion, ECF No. #34 . Accordingly, the Clerk's Office is ORDERED to docket the plaintiff's amended complaint, ECF No. 33-1, as received on May 13, 2026. Though the plaintiff asserts that she filed a redlined version of her amended complaint, the Court cannot locate it on the docket. ECF No. 33-1, labeled as a redlined amended complaint, appears to be a clean version of the amended complaint. As such, the plaintiff shall file a redlined version of her amended complaint on or before June 5, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 06/02/2026. Text Only Entry.(agryan)
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| Filing 35 MEMORANDUM regarding #34 Unopposed MOTION to Amend/Correct/Modify #33 Amended Complaint, and add party filed by Mayra Russell. Motion referred to Magistrate Judge Cyrus Y. Chung by District Judge Gordon P Gallagher on 06/01/2026. Text Only Entry (dclem) |
| Filing 34 Unopposed MOTION to Amend/Correct/Modify #33 Amended Complaint, and add party by Plaintiff Mayra Russell. (Attachments: #1 Proposed Order (PDF Only))(Hoyer, Benjamin) |
| Filing 33 AMENDED COMPLAINT Unopposed Motion to Amend the Complaint and Add Party against Sams Real Estate Business Trust, Sams West, Inc., Wal-Mart Stores Inc., filed by Mayra Russell. (Attachments: #1 Proposed Document Redlined Amended Complaint, #2 Proposed Order (PDF Only) Proposed Order Re Amended Complaint)(Hoyer, Benjamin) |
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Filing 32
SCHEDULING ORDER by Magistrate Judge Cyrus Y. Chung on 4/30/2026. Designation of Affirmative Experts are due 9/21/2026. Discovery is due by 12/21/2026. Dispositive Motions are due by 1/21/2027. Designation of Rebuttal Experts are due 10/21/2026. (spric)
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| Filing 31 MINUTE ENTRY for Scheduling Conference held on 4/30/2026 before Magistrate Judge Cyrus Y. Chung. FTR: C201. (spric) |
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Filing 30
MINUTE ORDER: Before the Court is Defendants' Motion to Restrict. ECF No. #27 . The Motion, ECF No. #27 , is GRANTED for good cause shown. The Clerk's Office is directed to maintain ECF Nos. #23 , #23 -1, and #23 -2 at Level One Restriction pursuant to D.C.COLO.LCivR 7.2, limiting access thereto to the parties and the Court. Entered by Magistrate Judge Cyrus Y. Chung on 4/28/2026. Text Only Entry.(echa, )
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| Filing 29 Proposed Scheduling Order by Plaintiff Mayra Russell. (Hoyer, Benjamin) |
| Filing 28 MEMORANDUM regarding #27 Unopposed MOTION for Leave to Restrict filed by Sams West, Inc., Wal-Mart Stores Inc., Sams Real Estate Buisness Trust. Motion referred to Magistrate Judge Cyrus Y. Chung. By District Judge Gordon P. Gallagher on April 21, 2026. Text Only Entry. (gpglc3) |
| Filing 27 Unopposed MOTION for Leave to Restrict by Defendants Sams Real Estate Buisness Trust, Sams West, Inc., Wal-Mart Stores Inc.. (Lewis, Dylan) |
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Filing 26
MINUTE ORDER: The Unopposed Motion to Vacate and Reset the Scheduling Conference, ECF No. #24 , is GRANTED for good cause shown. It is hereby ORDERED that the April 21, 2026 Scheduling Conference is RESET on April 30, 2026 at 10:30 a.m. It is further ORDERED that the proposed Scheduling Order shall be filed on or before April 23, 2026. The proposed Scheduling Order is also to be submitted in Word format by email to Magistrate Judge Chung at #[email protected]. Entered by Magistrate Judge Cyrus Y. Chung on 4/14/2026. Text Only Entry.(echa, )
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| Filing 25 MEMORANDUM regarding #24 Unopposed MOTION to Vacate and Reset the Scheduling Conference filed by Mayra Russell. Motion referred to Magistrate Judge Cyrus Y. Chung by District Judge Gordon P Gallagher on 04/14/2026. Text Only Entry (dclem) |
| Filing 24 Unopposed MOTION to Vacate and Reset the Scheduling Conference by Plaintiff Mayra Russell. (Hoyer, Benjamin) |
| Filing 23 RESTRICTED DOCUMENT - Level 1: Defendant's Designation of Non Party At Fault - Exhibit B by Defendants Sams Real Estate Buisness Trust, Sams West, Inc., Wal-Mart Stores Inc... (Attachments: #1 Exhibit C, #2 Exhibit D)(Lewis, Dylan) |
| Filing 22 DESIGNATION OF NON-PARTY by Defendants Sams Real Estate Buisness Trust, Sams West, Inc., Wal-Mart Stores Inc.. (Attachments: #1 Exhibit A)(Lewis, Dylan) |
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Filing 21
JOINT PROTECTIVE ORDER Entered by Magistrate Judge Cyrus Y. Chung on 04/08/2026. (agryan)
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Filing 20
MINUTE ORDER: Before the Court is the parties' Joint Motion for Entry of Protective Order, ECF No. #15 , and the proposed protective order, ECF No. 15-1. For good cause, the Court GRANTS the Joint Motion for Entry of Protective Order, ECF No. #15 . The Court will separately issue the protective order. The Court has made modifications as indicated in the attached redlined version. Entered by Magistrate Judge Cyrus Y. Chung on 04/08/2026. (Attachments: #1 Redlined Version)(agryan)
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Filing 19
MEMORANDUM regarding #15 Joint MOTION for Protective Order filed by Sams West, Inc., Wal-Mart Stores Inc., Sams Real Estate Buisness Trust. Motions referred to Magistrate Judge Cyrus Y. Chung by District Judge Gordon P. Gallagher on 4/7/2026. Text Only Entry. (anewt, )
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Filing 18
ORDER REFERRING CASE to the assigned United States Magistrate Judge Cyrus Y. Chung. 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 specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court levsponsored 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 District Judge Gordon P. Gallagher on 4/7/2026. Text Only Entry. (anewt,)
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| Filing 17 CASE REASSIGNED Pursuant to #16 Consent to Jurisdiction of Magistrate Judge. All parties do not consent, therefore, this case is randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Cyrus Y. Chung for all future proceedings. All future pleadings should be designated as 26-cv-00309-GPG. (Text Only Entry) (echa, ) |
| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Mayra Russell All parties do not consent.. (Hoyer, Benjamin) |
| Filing 15 Joint MOTION for Protective Order by Defendants Sams Real Estate Buisness Trust, Sams West, Inc., Wal-Mart Stores Inc.. (Attachments: #1 Exhibit A)(Lewis, Dylan) |
| Filing 14 Defendants' ANSWER to #1 Complaint, by Sams Real Estate Buisness Trust, Sams West, Inc., Wal-Mart Stores Inc..(Lewis, Dylan) |
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Filing 13
MINUTE ORDER: The Unopposed Motion for Extension of Time to File Scheduling Order and to Vacate and Reset the Scheduling Conference, ECF No. #12 , is GRANTED for good cause shown. The Scheduling Conference set for March 19, 2026 at 11:00 a.m. is RESET to April 21, 2026 at 10:00 a.m. in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. It is further ORDERED that the Parties shall complete and file the Magistrate Judge Consent Form, ECF No. 3-3, on or before April 7, 2026. It is further ORDERED that counsel for the Parties and any unrepresented non-prisoner Parties in this case are to hold a meeting in accordance with Fed. R. Civ. P. 26(f) on or before March 31, 2026 and jointly prepare a proposed Scheduling Order. Pursuant to Fed. R. Civ. P. 26(d), only requests pursuant to Fed. R. Civ. P. 34 may be submitted before the Rule 26(f) meeting, unless otherwise ordered or directed by the Court. Pursuant to Fed. R. Civ. P. 34(b)(2)(A), responses to such discovery requests must be submitted no later than thirty days after the Rule 26(f) meeting, unless the Parties stipulate or the Court orders otherwise. The Proposed Scheduling Order is due April 14, 2026. The Parties shall file the proposed Scheduling Order with the Clerk's Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures. The proposed Scheduling Order is also to be submitted in Word format by email to Magistrate Judge Chung at # [email protected]. # Entered by Magistrate Judge Cyrus Y. Chung on 02/25/2026. Text Only Entry.(agryan)
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| Filing 12 Unopposed MOTION for Extension of Time to File The Proposed Scheduling Order and Vacate and Reset the Scheduling Conference by Plaintiff Mayra Russell. (Hoyer, Benjamin) |
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Filing 11
MINUTE ORDER: Defendants' Unopposed Motion For Extension of Time to Respond to Plaintiff's Complaint, ECF No. #9 , is GRANTED for good cause shown. It is further ORDERED that the defendants shall answer or otherwise respond to Plaintiff's Complaint, ECF No. #1 , on or before March 10, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 02/17/2026. Text Only Entry.(agryan)
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| Filing 10 NOTICE of Entry of Appearance by Dylan G. Lewis on behalf of Sams Real Estate Buisness Trust, Sams West, Inc., Wal-Mart Stores Inc.Attorney Dylan G. Lewis added to party Sams Real Estate Buisness Trust(pty:dft), Attorney Dylan G. Lewis added to party Sams West, Inc.(pty:dft), Attorney Dylan G. Lewis added to party Wal-Mart Stores Inc.(pty:dft) (Lewis, Dylan) |
| Filing 9 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Sams Real Estate Buisness Trust, Sams West, Inc., Wal-Mart Stores Inc.. (Larson, Ashley) |
| Filing 8 NOTICE PLAINTIFF'S FED. R. CIV. P. 7.1(2)(a) DISCLOSURE STATEMENT by Plaintiff Mayra Russell (Hoyer, Benjamin) |
| Filing 7 SUMMONS Returned Executed by Mayra Russell. Wal-Mart Stores Inc. served on 1/27/2026, answer due 2/17/2026. (Hoyer, Benjamin) |
| Filing 6 SUMMONS Returned Executed by Mayra Russell. Sams West, Inc. served on 1/27/2026, answer due 2/17/2026. (Hoyer, Benjamin) |
| Filing 5 SUMMONS Returned Executed by Mayra Russell. Sams Real Estate Buisness Trust served on 1/27/2026, answer due 2/17/2026. (Hoyer, Benjamin) |
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Filing 4
MINUTE ORDER: The above captioned case has been directly assigned to Magistrate Judge Cyrus Y. Chung pursuant to D.C.COLO.LCivR 40.1. The Parties shall complete and file the Magistrate Judge Consent Form, ECF No. 3-3, on or before March 5, 2026. Proposed Scheduling Order due by 3/12/2026. Scheduling Conference set for 3/19/2026 at 11:00 A.M. in Courtroom C-205 before Magistrate Judge Cyrus Y. Chung. It is further ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Scheduling Conference. Entered by Magistrate Judge Cyrus Y. Chung on 1/30/2026. (ggill, )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (echa, ) |
| Filing 2 Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (echa, ) |
| Filing 1 COMPLAINT against Sams Real Estate Buisness Trust, Sams West, Inc., Wal-Mart Stores Inc. (Filing fee $ 405,Receipt Number ACODC-10783498)Attorney Benjamin B. Hoyer added to party Mayra Russell(pty:pla), filed by Mayra Russell. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Hoyer, Benjamin) |
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