Tripp v. Walmart, Inc. et al
Plaintiff: Irwin Tripp
Defendant: Walmart Inc, Wal-Mart Stores East LP, Joshua Binnion, Wal-Mart Stores Inc, Walmart Inc., Wal-Mart Stores East, LP, Wal-Mart Stores Inc. and Walmart, Inc.
Case Number: 8:2021cv00510
Filed: March 4, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Sean P Flynn
Referring Judge: William F Jung
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2023 Opinion or Order Filing 191 ORDER on #190 Stipulation of Dismissal. Signed by Judge William F. Jung on 3/27/2023. (CCB)
March 27, 2023 Opinion or Order Filing 190 STIPULATION of Dismissal with Prejudice (Joint) by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Text of Proposed Order)(Schiferl, Kevin)
January 27, 2023 Opinion or Order Filing 189 NOTICE canceling Jury Trial hearing scheduled for 2/6/2023. (CAH)
January 27, 2023 Opinion or Order Filing 188 ORDER denying as moot #136, #141, #144, #147, #175 Motions in Limine; denying as moot #177 Motion to Allow Electronic Equipment; and denying as moot #178 Motion. Signed by Judge William F. Jung on 1/27/2023. (CCB)
January 26, 2023 Opinion or Order Filing 187 60-DAY ORDER dismissing the case in accordance with the attached order. The Clerk is directed to terminate all pending motions/deadlines and close the case. Signed by Judge William F. Jung on 1/26/2023. (CCB)
January 26, 2023 Opinion or Order Filing 186 Minute Entry. Virtual Proceedings held before Magistrate Judge Sean P. Flynn: SETTLEMENT CONFERENCE held on 1/26/2023. (DIGITAL) (EJC)
January 26, 2023 Opinion or Order Filing 185 Settlement Conference Report. Hearing held on 1/26/2023. Hearing outcome: Settled. (Flynn, Sean)
January 25, 2023 Opinion or Order Filing 184 ORDER granting Defendants' #183 Motion to Allow Electronic Equipment. Signed by Judge William F. Jung on 1/25/2023. (CCB)
January 25, 2023 Opinion or Order Filing 183 MOTION to Allow Electronic Equipment, specifically cell phones, laptops, tablet, electronic cords by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Text of Proposed Order)(Schiferl, Kevin)
January 25, 2023 Opinion or Order Filing 182 ORDER granting in part and denying in part #78 Motion for Sanctions. Signed by Judge William F. Jung on 1/25/2023. (LG)
January 25, 2023 Opinion or Order Filing 181 ORDER granting Plaintiff's #180 Motion to Allow Electronic Equipment. Signed by Judge William F. Jung on 1/25/2023. (CCB)
January 24, 2023 Opinion or Order Filing 180 MOTION to Allow Electronic Equipment, specifically Electronic Devices into the Courthouse by Irwin Tripp. (Attachments: #1 Text of Proposed Order Order on Plf Motion to Bring Electronic Devices into Courthouse)(Johnson, Forrest)
January 24, 2023 Opinion or Order Filing 179 NOTICE of Telephonic Hearing on #178 MOTION to Modify/Suspend the Application of Local Rule 5.02(c) Pursuant to Local Rule 1.01(b). Motion Hearing set for 2/2/2023 at 4:00 PM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 0510 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB)
January 24, 2023 Opinion or Order Filing 178 MOTION to Modify /Suspend the Application of Local Rule 5.02(c) Pursuant to Local Rule 1.01(b) by Irwin Tripp. (Johnson, Forrest)
January 24, 2023 Opinion or Order Filing 177 MOTION to Allow Electronic Equipment, specifically Electronic Devices into Courthouse for Voir Dire & Jury Trial by Irwin Tripp. (Johnson, Forrest)
January 24, 2023 Opinion or Order Filing 176 ENDORSED ORDER regarding the Jury Trial specially set for DATE CERTAIN of Monday, February 6, 2023, at 9:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Jury Selection will begin in Courtroom 15B at 9:00 AM on Monday 2/6/2023. The parties indicate that the trial is expected to last through 2/17/2023. Signed by Judge William F. Jung on 1/24/2023. (CCB)
January 17, 2023 Opinion or Order Filing 175 MOTION In Limine regarding to Limit Walmart's Evidence Regarding Spoliation by Irwin Tripp. (Johnson, Forrest)
January 13, 2023 Opinion or Order Filing 174 ORDER scheduling Mediation Conference. Mediation Conference set for 1/26/2023 at 09:30 AM via Zoom Video Conference before Magistrate Judge Sean P. Flynn. Signed by Magistrate Judge Sean P. Flynn on 1/13/2023. (CED)
January 12, 2023 Opinion or Order Filing 173 Minute Entry. In Person Proceedings held before Judge William F. Jung: FINAL PRETRIAL CONFERENCE held on 1/12/2023. Court Reporter: Tracey Aurelio (CAH)
January 12, 2023 Opinion or Order Filing 172 CASE REFERRED to Mediation. (JNB)
January 12, 2023 Opinion or Order Filing 171 ENDORSED ORDER referring this case to mediation before United States Magistrate Judge Flynn. The mediation will be set by separate order at the convenience of Judge Flynn. Signed by Judge William F. Jung on 1/12/2023. (CCB)
January 10, 2023 Opinion or Order Filing 170 ORDER granting #169 Motion to Allow Electronic Equipment. Signed by Judge William F. Jung on 1/10/2023. (CCB)
January 10, 2023 Opinion or Order Filing 169 MOTION to Allow Electronic Equipment, specifically Electronic Devices into Courthouse for Final Pretrial Conference and Jury Trial by Irwin Tripp. (Attachments: #1 Text of Proposed Order PLF Motion to Bring Electronic Devices)(Johnson, Forrest)
January 10, 2023 Opinion or Order Filing 168 ORDER granting #167 Motion to Allow Electronic Equipment. Signed by Judge William F. Jung on 1/10/2023. (CCB)
January 10, 2023 Opinion or Order Filing 167 MOTION to Allow Electronic Equipment, specifically cell phone, laptop, and tablet by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Text of Proposed Order)(Schiferl, Kevin)
December 20, 2022 Opinion or Order Filing 166 ORDER denying #163 Motion for Reconsideration / Clarification re #153 Order on Motion for Summary Judgment filed by Wal-Mart Stores East, LP, Walmart, Inc. Signed by Judge William F. Jung on 12/20/2022. (LG)
December 7, 2022 Opinion or Order Filing 165 NOTICE by Irwin Tripp of Serving Plaintiff's Proposal for Settlement upon Wal-Mart Stores East, LP (Johnson, Forrest)
December 7, 2022 Opinion or Order Filing 164 NOTICE by Irwin Tripp of Serving Plaintiff's Proposal for Settlement upon Walmart, Inc. (Johnson, Forrest)
December 7, 2022 Opinion or Order Filing 163 MOTION for Reconsideration re #153 Order on Motion for Summary Judgment by Wal-Mart Stores East, LP, Walmart, Inc. (Schiferl, Kevin) Modified text on 12/8/2022 (SET).
December 6, 2022 Opinion or Order Filing 162 ENDORSED ORDER finding as moot #143 Motion in Limine; the Motion was superseded by an amended filing. Signed by Judge William F. Jung on 12/6/2022. (Jung, William)
November 21, 2022 Opinion or Order Filing 161 REPLY to Response to Motion re #141 MOTION In Limine (Omnibus) and Incorporated Memorandum of Law filed by Wal-Mart Stores East, LP, Walmart, Inc.. (Schiferl, Kevin)
November 18, 2022 Opinion or Order Filing 160 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Tracey Aurelio. (TVA)
November 18, 2022 Opinion or Order Filing 159 TRANSCRIPT of MOTION HEARING held on 11/2/22 before Judge WILLIAM F. JUNG. Court Reporter/Transcriber TRACEY AURELIO,Telephone number 813-301-5448 tracey_aurelio@flmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 12/9/2022 Redacted Transcript Deadline set for 12/19/2022 Release of Transcript Restriction set for 2/16/2023. (TVA)
November 16, 2022 Opinion or Order Filing 158 ORDER denying #108 Motion to Exclude Expert Testimony of Donald J. Fournier. Signed by Judge William F. Jung on 11/16/2022. (LG)
November 15, 2022 Opinion or Order Filing 157 RESPONSE to Motion re #141 MOTION In Limine (Omnibus) and Incorporated Memorandum of Law filed by Irwin Tripp. (Johnson, Forrest)
November 15, 2022 Opinion or Order Filing 156 ENDORSED ORDER granting #155 Motion to Appear Pro Hac Vice. Attorney Jerome Lucas Newell may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 11/15/2022. (CED)
November 14, 2022 Opinion or Order Filing 155 MOTION for Jerome Lucas Newell to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20196642 for $150 by Irwin Tripp. (Klinger, Stanford) Motions referred to Magistrate Judge Sean P. Flynn.
November 14, 2022 Opinion or Order Filing 154 RESPONSE to Motion re #144 MOTION In Limine MIL to Exclude, #147 MOTION In Limine PLFs Amended Omnibus MIL, #136 MOTION In Limine regarding Excluding the Florida Traffic Crash Reports and Related Statements from Evidence filed by Wal-Mart Stores East, LP, Walmart, Inc.. (Schiferl, Kevin)
November 9, 2022 Opinion or Order Filing 153 ORDER denying #105 Motion for Summary Judgment. Signed by Judge William F. Jung on 11/9/2022. (LG)
November 8, 2022 Opinion or Order Filing 152 NOTICE OF RESCHEDULING HEARING: The final pretrial conference previously scheduled for 11/10/2022 and jury trial previously scheduled for the term beginning 12/5/2022 are rescheduled. New scheduling date and time: Final Pretrial Conference set for 1/12/2023 at 9:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Jury Trial set for DATE CERTAIN of 2/6/2023 at 9:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. (CCB)
November 8, 2022 Opinion or Order Filing 151 ENDORSED ORDER granting #150 Motion to Continue, the parties having provided mutually agreeable dates to the Court. The final pretrial conference and jury trial are continued and will be reset by separate notice. Signed by Judge William F. Jung on 11/8/2022. (CCB)
November 7, 2022 Opinion or Order Filing 150 MOTION to Continue the December Trial Term and for a Special Setting by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Text of Proposed Order)(Schiferl, Kevin)
November 3, 2022 Opinion or Order Filing 149 Exhibit List; Plaintiff's List of Exhibits Entered at November 2, 2022 Hearing by Irwin Tripp. (Klinger, Stanford)
November 3, 2022 Opinion or Order Filing 148 Certificate of Conferring pursuant to local rule 3.01(g) re #147 Plaintiff's Omnibus Motion in Limine by Irwin Tripp. (Attachments: #1 Supplement PLF's Amended Omnibus MIL)(Klinger, Stanford)
November 3, 2022 Opinion or Order Filing 147 AMENDED MOTION In Limine by Irwin Tripp. (Klinger, Stanford)
November 2, 2022 Opinion or Order Filing 146 NOTICE of WITHDRAWAL of motion re #143 Plaintiff's Omnibus Motion in Limine by Irwin Tripp. (Klinger, Stanford)
November 2, 2022 Opinion or Order Filing 145 Minute Entry. In Person Proceedings held before Judge William F. Jung: MOTION HEARING held on 11/2/2022 re #105 MOTION for Summary Judgment filed by Wal-Mart Stores East, LP, Walmart, Inc., #78 MOTION for Sanctions for Failure to Preserve Evidence and Memorandum of Law filed by Irwin Tripp, #108 MOTION for Miscellaneous Relief, specifically Plaintiff Irwin Tripp's Daubert Motion to Exclude Expert Testimony of Donald Fournier filed by Irwin Tripp. Court Reporter: Tracey Aurelio (CAH)
November 1, 2022 Opinion or Order Filing 144 MOTION In Limine to Exclude by Irwin Tripp. (Attachments: #1 Main Document Certificate of Conferring)(Klinger, Stanford)
November 1, 2022 Opinion or Order Filing 143 MOTION In Limine regarding PLF's Omnibus Motion in Limine by Irwin Tripp. (Attachments: #1 Certificate of Conferring)(Klinger, Stanford)
November 1, 2022 Opinion or Order Filing 142 PRETRIAL statement by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Plaintiff's Annotated Exhibit List, #2 Defendants' Exhibit List, #3 Plaintiff's Annotated Trial Witness List, #4 Defendants' Annotated Trial Witness List, #5 Plaintiff's Annotated Expert Witness List, #6 Defendants' Annotated Expert Witness List)(Schiferl, Kevin) Modified text on 11/2/2022 (MCB).
November 1, 2022 Opinion or Order Filing 141 MOTION In Limine (Omnibus) and Incorporated Memorandum of Law by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Exhibit 1 - Plaintiff's Answers to Walmart's 1st Interrogatories)(Schiferl, Kevin) Modified text on 11/2/2022 (MCB).
November 1, 2022 Opinion or Order Filing 140 NOTICE by Wal-Mart Stores East, LP, Walmart, Inc. of Filing Defendants' Exhibits (Schiferl, Kevin)
October 31, 2022 Opinion or Order Filing 139 NOTICE of Certification of Confering pursuant to local rule 3.01(g) re #136 MOTION In Limine regarding Excluding the Florida Traffic Crash Reports and Related Statements from Evidence by Irwin Tripp. (Klinger, Stanford)
October 28, 2022 Opinion or Order Filing 138 NOTICE by Irwin Tripp re #137 Notice (Other), PLF's Filing of PLF's Exhibits. (Attachments: #1 Exhibit Photo, #2 Exhibit Photo, #3 Exhibit Photo, #4 Exhibit Photo, #5 Exhibit Photo, #6 Exhibit Photo, #7 Exhibit Photo, #8 Exhibit Photo, #9 Exhibit Photo, #10 Exhibit Photo, #11 Exhibit Photo, #12 Exhibit Photo, #13 Exhibit Photo, #14 Exhibit Photo, #15 Exhibit Photo, #16 Exhibit Photo, #17 Exhibit Photo, #18 Exhibit Photo, #19 Exhibit Photo, #20 Exhibit Photo, #21 Exhibit Photo, #22 Exhibit Photo, #23 Exhibit Photo, #24 Exhibit Photo, #25 Exhibit Photo, #26 Appendix Photo, #27 Exhibit Photo, #28 Exhibit Photo, #29 Exhibit Photo, #30 Exhibit Photo)(Klinger, Stanford)
October 28, 2022 Opinion or Order Filing 137 NOTICE of Filing Plaintiff Exhibits by Irwin Tripp re #78 MOTION for Sanctions for Failure to Preserve Evidence and Memorandum of Law, #108 MOTION for Miscellaneous Relief, specifically Plaintiff Irwin Tripp's Daubert Motion to Exclude Expert Testimony of Donald Fournier, #126 Response to motion. (Klinger, Stanford)
October 28, 2022 Opinion or Order Filing 136 MOTION In Limine regarding Excluding the Florida Traffic Crash Reports and Related Statements from Evidence by Irwin Tripp. (Klinger, Stanford)
October 27, 2022 Opinion or Order Filing 135 NOTICE of Intent to Use Exhibits at Scheduled Hearing by Irwin Tripp re #78 MOTION for Sanctions for Failure to Preserve Evidence and Memorandum of Law , #108 MOTION for Miscellaneous Relief, specifically Plaintiff Irwin Tripp's Daubert Motion to Exclude Expert Testimony of Donald Fournier, #126 Response to motion. (Klinger, Stanford)
October 26, 2022 Opinion or Order Filing 134 ORDER granting #133 Motion to Allow Electronic Equipment. Signed by Judge William F. Jung on 10/26/2022. (CCB)
October 26, 2022 Opinion or Order Filing 133 MOTION to Allow Electronic Equipment, specifically Electronic Devices (Cell Phone and/or Laptop, Etc.) by Irwin Tripp. (Klinger, Stanford)
October 21, 2022 Opinion or Order Filing 132 ORDER granting #131 MOTION for Miscellaneous Relief, specifically to Bring Electronic Devices Into Courthouse. Signed by Judge William F. Jung on 10/21/2022. (CAH)
October 20, 2022 Opinion or Order Filing 131 MOTION for Miscellaneous Relief, specifically to Bring Electronic Devices Into Courthouse by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Text of Proposed Order)(Schiferl, Kevin)
October 14, 2022 Opinion or Order Filing 130 REPLY to Response to Motion re #105 MOTION for Summary Judgment Defendants' Reply in Support of Statement of Undisputed Material Facts in Support of the Motion for Partial Summary Judgment filed by Wal-Mart Stores East, LP, Walmart, Inc. (Schiferl, Kevin) Modified on 10/17/2022 (CTR).
October 14, 2022 Opinion or Order Filing 129 REPLY to Response to Motion re #105 MOTION for Summary Judgment filed by Wal-Mart Stores East, LP, Walmart, Inc. (Schiferl, Kevin) Modified on 10/17/2022 (CTR).
October 13, 2022 Opinion or Order Filing 128 NOTICE of Filing Amended Exhibit 1 by Irwin Tripp re #124 Response to motion, #126 Amended Response to motion. (Klinger, Stanford) Modified text on 10/14/2022 (LNR).
October 11, 2022 Opinion or Order Filing 127 ***ENTERED IN ERROR Modified on 10/11/2022 (SET).
October 7, 2022 Opinion or Order Filing 126 AMENDED RESPONSE to Motion re #105 MOTION for Summary Judgment as to Counts II and III filed by Irwin Tripp. (Klinger, Stanford)
October 7, 2022 Opinion or Order Filing 125 STATEMENT of Disputed Facts re #105 MOTION for Summary Judgment filed by Irwin Tripp. (Klinger, Stanford)
October 7, 2022 Opinion or Order Filing 124 RESPONSE to Motion re #105 MOTION for Summary Judgment as to Counts II and III filed by Irwin Tripp. (Attachments: #1 Exhibit 1 Cherepon Report, #2 Exhibit 2 Christina MComisarek Depo., #3 Exhibit 3 JP Purswell)(Klinger, Stanford)
October 6, 2022 Opinion or Order Filing 123 RESPONSE in Opposition re #108 MOTION for Miscellaneous Relief, specifically Plaintiff Irwin Tripp's Daubert Motion to Exclude Expert Testimony of Donald Fournier filed by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Exhibit 1 - Affidavit of Don Fournier)(Schiferl, Kevin) Modified on 10/7/2022 (CTR).
October 6, 2022 Opinion or Order Filing 122 RESPONSE in Opposition re #78 MOTION for Sanctions for Failure to Preserve Evidence and Memorandum of Law filed by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Exhibit 1 - Defs.' Resps. To Pl.'s 1st Set of Req. for Produc. of Docs, #2 Exhibit 2 - Exhibit 24 to Tripp Depo, #3 Exhibit 3 - Exhibit 53 to Tripp Depo)(Schiferl, Kevin) Modified on 10/7/2022 (CTR).
October 5, 2022 Opinion or Order Filing 121 NOTICE of Hearing on all pending motions including #105 MOTION for Summary Judgment, #108 MOTION for Miscellaneous Relief, specifically Plaintiff Irwin Tripp's Daubert Motion to Exclude Expert Testimony of Donald Fournier, and #78 MOTION for Sanctions. Motion Hearing set for 11/2/2022 at 3:00 PM in Tampa Courtroom 15 B before Judge William F. Jung. (CCB)
October 4, 2022 Opinion or Order Filing 120 NOTICE canceling motions hearing scheduled for 10/13/2022. (CCB)
October 4, 2022 Opinion or Order Filing 119 ENDORSED ORDER granting #115 Motion to Continue hearing set 10/13/2022. The hearing will be rescheduled at a later date. Signed by Judge William F. Jung on 10/4/2022. (CCB)
October 3, 2022 Opinion or Order Filing 117 ENDORSED ORDER granting #114 Motion to Appear Pro Hac Vice. Attorney Stephanie V. McGowan may appear pro hac vice on behalf of Defendants. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 10/3/2022. (CED)
September 30, 2022 Opinion or Order Filing 116 ENDORSED ORDER re #115 Unopposed MOTION to Continue October 13, 2022 Hearing. Counsel are directed to confer and provide two to three available dates to Chambers via the chambers email next week. Signed by Judge William F. Jung on 9/30/2022. (CCB)
September 29, 2022 Opinion or Order Filing 115 Unopposed MOTION to Continue October 13, 2022 Hearing on Pending Motions by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Text of Proposed Order)(Schiferl, Kevin)
September 26, 2022 Opinion or Order Filing 118 APPENDIX (1) Thumb Drive re 112 Order on Motion for Miscellaneous Relief, #108 MOTION for Miscellaneous Relief, specifically Plaintiff Irwin Tripp's Daubert Motion to Exclude Expert Testimony of Donald Fournier by Irwin Tripp. Filed Separately. (LNR)
September 23, 2022 Opinion or Order Filing 114 MOTION for Stephanie V. McGowan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20029945 for $150 by Wal-Mart Stores East, LP, Walmart, Inc.. (Benson, Jeffrey) Motions referred to Magistrate Judge Sean P. Flynn.
September 22, 2022 Opinion or Order Filing 113 NOTICE of Hearing on all pending motions including #105 MOTION for Summary Judgment, #108 MOTION for Miscellaneous Relief, specifically Plaintiff Irwin Tripp's Daubert Motion to Exclude Expert Testimony of Donald Fournier, and #78 MOTION for Sanctions for Failure to Preserve Evidence. Motion Hearing set for 10/13/2022 at 9:30 AM in Tampa Courtroom 15 B before Judge William F. Jung. (CCB)
September 22, 2022 Opinion or Order Filing 112 ENDORSED ORDER granting #111 Motion to submit the described videos by thumbdrive(s) to Clerk for filing. Signed by Judge William F. Jung on 9/22/2022. (CCB)
September 21, 2022 Opinion or Order Filing 111 Unopposed MOTION for Miscellaneous Relief, specifically Plaintiff Irwin Tripp's Unopposed Motion for Leave to File Audio and Video Files by Irwin Tripp. (Klinger, Stanford) Modified on 9/22/2022 to edit capitalized text(LD).
September 21, 2022 Opinion or Order Filing 110 ENDORSED ORDER granting #109 Motion for Extension of Time to File Responses. Defendants' responses due by 10/6/2022. Plaintiff's response due by 10/7/2022. Signed by Judge William F. Jung on 9/21/2022. (CCB)
September 21, 2022 Opinion or Order Filing 109 Joint MOTION for Extension of Time to File Response/Reply as to #105 MOTION for Summary Judgment , #78 MOTION for Sanctions for Failure to Preserve Evidence and Memorandum of Law , #108 MOTION for Miscellaneous Relief, specifically Plaintiff Irwin Tripp's Daubert Motion to Exclude Expert Testimony of Donald Fournier by Wal-Mart Stores East, LP, Walmart, Inc.. (Benson, Jeffrey)
September 15, 2022 Opinion or Order Filing 108 MOTION for Miscellaneous Relief, specifically Plaintiff Irwin Tripp's Daubert Motion to Exclude Expert Testimony of Donald Fournier by Irwin Tripp. (Attachments: #1 Exhibit 1 Kennett Affidavit, #2 Exhibit A Kennett Rebuttal Report, #3 Exhibit B Kennett - CV)(Johnson, Forrest)
September 15, 2022 Opinion or Order Filing 107 NOTICE of Filing Defense Exhibits by Wal-Mart Stores East, LP, Walmart, Inc. re #105 MOTION for Summary Judgment , #104 Statement of undisputed facts. (Attachments: #1 Exhibit Deposition of Irwin Tripp, #2 Exhibit Deposition of Joshua Binnion)(Benson, Jeffrey)
September 15, 2022 Opinion or Order Filing 106 NOTICE by Wal-Mart Stores East, LP, Walmart, Inc. re #105 MOTION for Summary Judgment , #104 Statement of undisputed facts Good Faith Certification (Benson, Jeffrey)
September 15, 2022 Opinion or Order Filing 105 MOTION for Summary Judgment by Wal-Mart Stores East, LP, Walmart, Inc.. (Benson, Jeffrey)
September 15, 2022 Opinion or Order Filing 104 STATEMENT of undisputed facts by Wal-Mart Stores East, LP, Walmart, Inc... (Benson, Jeffrey)
September 15, 2022 Opinion or Order Filing 103 DEPOSITION of JOHN JONES Ex. 36 taken on October 6, 2021 re #89 Deposition, by Irwin Tripp. Ex. 36. (Johnson, Forrest)
September 15, 2022 Opinion or Order Filing 102 DEPOSITION of JOHN JONES Ex. 35 taken on October 6, 2021 re #89 Deposition, by Irwin Tripp. Ex. 35. (Johnson, Forrest)
September 15, 2022 Opinion or Order Filing 101 DEPOSITION of JAMES RANDALL GARNER Ex. 182 taken on January 11, 2022 re #87 Deposition, by Irwin Tripp. Ex. 182. (Johnson, Forrest)
September 15, 2022 Opinion or Order Filing 100 DEPOSITION of JAMES RANDALL GARNER Ex. 181 taken on January 11, 2022 re #87 Deposition, by Irwin Tripp. Ex. 181. (Johnson, Forrest)
September 15, 2022 Opinion or Order Filing 99 DEPOSITION of JAMES RANDALL GARNER Ex. 144 taken on January 11, 2022 re #87 Deposition, by Irwin Tripp. Ex. 144. (Johnson, Forrest)
September 15, 2022 Opinion or Order Filing 98 DEPOSITION of MICHAEL H. JOHNSON Ex. 139 taken on November 19, 2021 re #86 Deposition, by Irwin Tripp. Ex. 139. (Johnson, Forrest)
September 15, 2022 Opinion or Order Filing 97 DEPOSITION of MICHAEL H. JOHNSON Ex. 138 taken on November 19, 2021 re #86 Deposition, by Irwin Tripp. Ex. 138. (Johnson, Forrest)
September 15, 2022 Opinion or Order Filing 96 DEPOSITION of JOHNNY COOPER Ex. 11 taken on October 5, 2021 re #84 Deposition, by Irwin Tripp. Ex. 11. (Johnson, Forrest)
September 15, 2022 Opinion or Order Filing 95 DEPOSITION of JOSHUA BINNION Ex. 27 taken on October 5, 2021 re #81 Deposition, by Irwin Tripp. Ex. 27. (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 94 DEPOSITION of OFFICER ERIC WOMACK taken on October 7, 2021 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 93 DEPOSITION of BRET HEBSON taken on October 6, 2021 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 92 DEPOSITION of TIM KETCHUM taken on January 10, 2022 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 91 DEPOSITION of JOSE ZABALA taken on January 11, 2022 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 90 DEPOSITION of THOMAS WILLIS taken on DECEMBER 1, 2021 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 89 DEPOSITION of JOHN JONES taken on October 6, 2021 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 88 DEPOSITION of TODD EVANS taken on August 9, 2022 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 87 DEPOSITION of JAMES RANDALL GARNER taken on January 11, 2022 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 86 DEPOSITION of MICHAEL H. JOHNSON taken on November 19, 2021 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 85 DEPOSITION of KENNETH SMITH taken on January 10, 2022 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 84 DEPOSITION of JOHNNY COOPER taken on October 5, 2021 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 83 DEPOSITION of ANDREW CHEREPON, PE taken on March 29, 2022 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 82 DEPOSITION of DONALD J. FOURNIER, JR., P.E. taken on June 10, 2022 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 81 DEPOSITION of JOSHUA BINNION taken on October 5, 2021 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 80 DEPOSITION of Irwin Tripp taken on January 26, 2022 re #78 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW, #79 MOTION for Sanctions FOR FAILURE TO PRESERVE EVIDENCE AND MEMORANDUM OF LAW by Irwin Tripp. . (Johnson, Forrest)
September 14, 2022 Opinion or Order Filing 79 NOTICE of Filing Exhibit D and E by Irwin Tripp re #78 MOTION for Sanctions for Failure to Preserve Evidence and Memorandum of Law. (Attachments: #1 Exhibit D - Defendants' Responses to Plaintiff's 1st Requests for Production, #2 Exhibit E - June 22, 2022 Email)(Johnson, Forrest) Modified text on 9/15/2022 (LNR).
September 14, 2022 Opinion or Order Filing 78 MOTION for Sanctions for Failure to Preserve Evidence and Memorandum of Law by Irwin Tripp. (Attachments: #1 Exhibit A - Letter from Plaintiff's counsel to Defense Counsel dated September 1, 2021, #2 Exhibit B - Defendants' Rule 26 Disclosures, #3 Exhibit C - Defendants' Answers to Plaintiff's 1st Interrogatories - 4812-6116-6833.1)(Johnson, Forrest)
August 12, 2022 Opinion or Order Filing 77 ENDORSED ORDER granting #76 unopposed motion to allow two depositions beyond the discovery cut-off date of 8/13/2022. All other scheduling order deadlines remain unchanged. Signed by Judge William F. Jung on 8/12/2022. (CCB)
August 12, 2022 Opinion or Order Filing 76 Unopposed MOTION for Discovery to Allow Two (2) Discovery Depositions to Occur Out of Sequence by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Text of Proposed Order)(Schiferl, Kevin)
August 2, 2022 Opinion or Order Filing 75 ENDORSED ORDER denying as moot #72 Motion to Compel due to #72 Notice of Withdrawal. Signed by Magistrate Judge Sean P. Flynn on 8/2/2022. (CED)
July 29, 2022 Opinion or Order Filing 74 NOTICE of WITHDRAWAL of motion re #72 Motion to Compel, filed by Irwin Tripp. (Johnson, Forrest)
July 29, 2022 Opinion or Order Filing 73 CERTIFICATE of service by Irwin Tripp. Certification Confirming Resolution of Issues by Confering Pursuant to Local Rule 3.01(g). (Johnson, Forrest)
July 27, 2022 Opinion or Order Filing 72 MOTION to Compel Deposition of Walmart's Corporate Representative and to Extend the Discovery Deadline by Irwin Tripp. (Attachments: #1 Exhibit A - E Motion to Compel Deposition of Walmart's Corporate Representative and to Extend the Discovery Deadline)(Johnson, Forrest)
March 14, 2022 Opinion or Order Filing 71 ENDORSED ORDER granting #70 Motion to extend Defendants' expert disclosures up to and including 5/4/2022. Signed by Judge William F. Jung on 3/14/2022. (CCB)
March 14, 2022 Opinion or Order Filing 70 Unopposed MOTION for Extension of Time to Complete Discovery by Wal-Mart Stores East, LP, Walmart, Inc. (Attachments: #1 Text of Proposed Order)(Schiferl, Kevin)
January 14, 2022 Opinion or Order Filing 69 MEDIATION REPORT/NOTICE by Irwin Tripp. (Johnson, Forrest)
January 10, 2022 Opinion or Order Filing 68 ENDORSED ORDER granting #66 Motion to Withdraw as Attorney. Attorney Renee Yvette Tucker is terminated as counsel of record for Plaintiff and relieved of any further responsibility in this matter. Attorneys Forrest B. Johnson and Stanford N. Klinger to remain counsel of record for Plaintiff. Signed by Magistrate Judge Sean P. Flynn on 1/10/2022. (CED)
January 6, 2022 Opinion or Order Filing 67 ENDORSED ORDER: No mediator or mediation date has been selected. Pursuant to the #53 Case Management and Scheduling Order, the Court appoints Manuel Menendez, Betsy Singer, Lansing Scriven, or Charles Castagna as mediator. Plaintiff's counsel will select one of these four persons in conjunction with opposing counsel, file a Notice of Mediation, and agreed-upon date. Filed notice and date selection must be accomplished by January 18, 2022, in default of which this case is subject to dismissal for failure to prosecute without further notice. Signed by Judge William F. Jung on 1/6/2022. (CCB)
January 6, 2022 Opinion or Order Filing 66 Unopposed MOTION for Renee Tucker to Withdraw as Attorney by Irwin Tripp. (Tucker, Renee) Motions referred to Magistrate Judge Sean P. Flynn.
January 4, 2022 Opinion or Order Filing 65 ANSWER and affirmative defenses with Jury Demand to #64 Amended Complaint by Wal-Mart Stores East, LP.(Petrillo, Anthony)
December 5, 2021 Opinion or Order Filing 64 THIRD AMENDED COMPLAINT against Wal-Mart Stores East, LP, Walmart, Inc. with Jury Demand. filed by Irwin Tripp.(Johnson, Forrest)
December 3, 2021 Opinion or Order Filing 63 ENDORSED ORDER denying as moot #59 Motion to Dismiss, pursuant to the parties' resolution of the issues. See docket #62. Plaintiff shall file on the docket as a standalone entry the Third Amended Complaint. Signed by Judge William F. Jung on 12/3/2021. (CCB)
December 3, 2021 Opinion or Order Filing 62 NOTICE by Wal-Mart Stores East, LP, Walmart, Inc.; Notice of Resolution of Wal-Mart's Motion to Dismiss the Third Amended Complaint. (Petrillo, Anthony)
December 2, 2021 Opinion or Order Filing 61 RESPONSE in Opposition re #59 Motion to Dismiss Plaintiff's Second Amended Complaint filed by Irwin Tripp. (Attachments: #1 Exhibit A)(Johnson, Forrest)
November 17, 2021 Opinion or Order Filing 60 ***STRICKEN; DISCOVERY PURSUANT TO RULE 26.***PROOF of service by Irwin Tripp. (Johnson, Forrest) Modified text and image on 11/18/2021 (LNR). (LNR).
November 15, 2021 Opinion or Order Filing 59 MOTION to Dismiss Plaintiff's Second Amended Complaint by Wal-Mart Stores East, LP, Walmart, Inc. (Petrillo, Anthony)
November 1, 2021 Opinion or Order Filing 58 SECOND AMENDED COMPLAINT for Damages against Wal-Mart Stores East, LP, Walmart, Inc. with Jury Demand. filed by Irwin Tripp.(Johnson, Forrest)
November 1, 2021 Opinion or Order Filing 57 ENDORSED ORDER granting #54 Motion to Amend. Signed by Judge William F. Jung on 11/1/2021. (Jung, William)
October 29, 2021 Opinion or Order Filing 56 RESPONSE in Opposition re #54 MOTION to Amend/ Motion for leave to File Second Amended Complaint filed by Wal-Mart Stores East, LP, Walmart, Inc. (Benson, Jeffrey)
October 27, 2021 Opinion or Order Filing 55 ORDER: If Defendant wishes to file a written objection to the motion to amend, it must be on the docket no later than 8:00 am November 1, 2021. Signed by Judge William F. Jung on 10/27/2021. (Jung, William)
October 25, 2021 Opinion or Order Filing 54 MOTION to Amend; Motion for leave to File Second Amended Complaint by Irwin Tripp. (Attachments: #1 Exhibit A)(Johnson, Forrest)
September 11, 2021 Opinion or Order Filing 53 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 9/15/2022. Final Pretrial Conference set for 11/10/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung. Jury Trial set for the December 2022 trial term commencing 12/05/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung. Conduct mediation hearing by 01/03/2022. Lead counsel to coordinate dates. Signed by Judge William F. Jung on 9/11/2021. (SAO)
September 9, 2021 Opinion or Order Filing 52 ENDORSED ORDER granting #50 Motion for Extension of Time to Complete Discovery and to Exceed the Per-Party Deposition Limit, and adopting the deadlines set forth at docket #51. Signed by Judge William F. Jung on 9/9/2021. (CCB)
September 9, 2021 Opinion or Order Filing 51 AMENDED document by Irwin Tripp; Proposed Revised Case Management Order. (Johnson, Forrest)
September 9, 2021 Opinion or Order Filing 50 Joint MOTION for Extension of Time to Complete Discovery and to Exceed the Per-Party Deposition Limit by Irwin Tripp. (Johnson, Forrest)
August 10, 2021 Opinion or Order Filing 49 NOTICE of change of address by Stanford N. Klinger. (Klinger, Stanford)
July 20, 2021 Opinion or Order Filing 48 ***STRICKEN; DISCOVERY PURSUANT TO RULE 26.***PROOF of service by Irwin Tripp. (Tucker, Renee) Modified text and image on 7/21/2021 (LNR). (LNR).
July 6, 2021 Opinion or Order Filing 47 ENDORSED ORDER granting #46 Motion to Appear Pro Hac Vice. Attorney Stanford N. Klinger may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this Order, counsel shall comply with the electronic filing registration requirements of Local Rules 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 7/6/2021. (CKR)
July 6, 2021 Opinion or Order Filing 46 MOTION for Stanford N. Klinger to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18439188 for $150 by Irwin Tripp. (Johnson, Forrest) Motions referred to Magistrate Judge Sean P. Flynn.
May 3, 2021 Opinion or Order Filing 45 ENDORSED ORDER: In light of the motion and order at Docs. #36 and 41 respectively, the Order to Show Cause (Doc. 34) is hereby discharged. Signed by Judge William F. Jung on 5/3/2021. (SAO)
April 21, 2021 Opinion or Order Filing 44 CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 4/01/2022. Final Pretrial Conference set for 7/14/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung. Jury Trial set for the August 2022 trial term commencing 8/01/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung. Conduct mediation hearing by 10/15/2021. Lead counsel to coordinate dates. Signed by Judge William F. Jung on 4/21/2021. (SAO)
April 16, 2021 Opinion or Order Filing 43 ENDORSED ORDER granting #42 Amended Motion to Appear Pro Hac Vice. Attorney Kevin C. Schiferl may appear pro hac vice on behalf of Defendants. Within twenty-one (21) days of the date of this Order, counsel shall comply with Local Rule 2.01(b)(1)(G), which requires registration with the Middle District CM/ECF system. Signed by Magistrate Judge Sean P. Flynn on 4/16/2021. (CKR)
April 16, 2021 Opinion or Order Filing 42 Amended MOTION for Kevin C. Schiferl to appear pro hac vice by Wal-Mart Stores East LP, Walmart Inc. (Benson, Jeffrey) Motions referred to Magistrate Judge Sean P. Flynn.
April 15, 2021 Opinion or Order Filing 41 ENDORSED ORDER granting #36 Motion to Withdraw as Attorney Attorney Michael L. Miller terminated. Signed by Judge William F. Jung on 4/15/2021. (Jung, William)
April 14, 2021 Opinion or Order Filing 40 CASE MANAGEMENT REPORT. (Benson, Jeffrey)
April 14, 2021 Opinion or Order Filing 39 ENDORSED ORDER denying without prejudice #38 Motion to Appear Pro Hac Vice. On February 1, 2021, the Middle District of Florida's revised Local Rules became effective. Attorney Kevin c. Schiferl is directed to comply with the requirements set forth in the new Local Rule 2.01(c). In particular, Local Rule 2.01(c)(4) requires a lawyer moving for special admission in an action to "list each case in a state or federal court in Florida in which the lawyer has initially appeared in the last thirty-six months." Signed by Magistrate Judge Sean P. Flynn on 4/14/2021. (CKR)
April 14, 2021 Opinion or Order Filing 38 Unopposed MOTION for Kevin C. Schiferl to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18133305 for $150 by Wal-Mart Stores East LP, Walmart Inc. (Benson, Jeffrey) Motions referred to Magistrate Judge Sean P. Flynn.
April 14, 2021 Opinion or Order Filing 37 CERTIFICATE of interested persons and corporate disclosure statement by Irwin Tripp identifying Corporate Parent Walmart, Inc., Corporate Parent Walmart Stores East LP for Irwin Tripp. (Tucker, Renee)
April 13, 2021 Opinion or Order Filing 36 MOTION for Michael Miller to Withdraw as Attorney by Wal-Mart Stores East LP, Walmart Inc.; Regarding Non-Involvement of Prior Defense Counsel from Georgia. (Benson, Jeffrey) Modified text on 4/14/2021 (LNR).
April 13, 2021 Opinion or Order Filing 35 CERTIFICATE of interested persons and corporate disclosure statement by Wal-Mart Stores East LP, Walmart Inc. (Benson, Jeffrey)
April 1, 2021 Opinion or Order Filing 34 ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Michael L. Miller is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until April 16, 2021, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Further, the Court directs counsel to register for CM/ECF after he is permitted to practice in this district. Signed by Judge William F. Jung on 4/1/2021. (SAO)
March 22, 2021 Opinion or Order Filing 33 ENDORSED ORDER granting #32 Motion to Appear Pro Hac Vice. Attorney Renee Y. Tucker may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this Order, counsel shall comply with Local Rule 2.01(b)(1)(G), which requires registration with the Middle District CM/ECF system. Signed by Magistrate Judge Sean P. Flynn on 3/22/2021. (CKR)
March 22, 2021 Opinion or Order Filing 32 MOTION for Renee Yvette Tucker to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-18028177 for $150 by Irwin Tripp. (Johnson, Forrest) Motions referred to Magistrate Judge Sean P. Flynn.
March 16, 2021 Opinion or Order Filing 31 NOTICE of Appearance by Jeffrey R. Benson on behalf of Wal-Mart Stores East LP, Walmart Inc. (Benson, Jeffrey)
March 5, 2021 Opinion or Order Filing 30 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (SAO)
March 5, 2021 Opinion or Order Filing 29 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (SAO)
March 4, 2021 Opinion or Order Filing 28 NOTICE to counsel Michael L. Miller of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF. (Signed by Deputy Clerk) (AG)
March 4, 2021 Opinion or Order Filing 27 NOTICE to counsel Renee Y. Tucker of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF. (Signed by Deputy Clerk) (AG)
March 4, 2021 Opinion or Order Filing 26 NOTICE to counsel Forrest Bernard Johnson of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov. (Signed by Deputy Clerk). (AG)
March 4, 2021 Opinion or Order Filing 25 TRANSFER IN from the Northern District of Georgia - Atlanta Division. Case assigned to District Judge William F. Jung and Magistrate Judge Sean P. Flynn. New Case Number: 8:21-cv-510-WFJ-SPF. (AG)
March 4, 2021 Opinion or Order Filing 24 Case transferred in from District of Georgia Northern; Case Number 1:20-cv-05043. File received electronically
March 3, 2021 Opinion or Order Filing 23 ORDER - The court GRANTS the parties' motion to transfer venue [Doc. No. #21] and DISMISSES AS MOOT the defendants' motions to dismiss/transfer [Doc. Nos. #13 and #20]. The clerk is INSTRUCTED to prepare this case for transfer to the Middle District of Florida, Tampa Division and to effectuate the same with the parties' cooperation. Signed by Judge Charles A. Pannell, Jr. on 3/3/2021. (tcc) [Transferred from gand on 3/4/2021.]
March 3, 2021 Opinion or Order Case transferred electronically to District of United States District Court for the Middle District of Florida, Tampa Division. (tcc) [Transferred from gand on 3/4/2021.]
March 3, 2021 Opinion or Order Civil Case Terminated. (tcc) [Transferred from gand on 3/4/2021.]
March 2, 2021 Opinion or Order Filing 22 AFFIDAVIT of Service for Complaint and Summons , as to Walmart Inc.. (Tucker, Renee) [Transferred from gand on 3/4/2021.]
March 2, 2021 Opinion or Order Filing 21 Joint MOTION to Transfer Case to Middle District of Florida, Tampa Division by Wal-Mart Stores East, L.P.. (Attachments: #1 Text of Proposed Order)(Miller, Michael) [Transferred from gand on 3/4/2021.]
February 25, 2021 Opinion or Order Submission of #13 MOTION to Dismiss or in the Alternative Motion to Transfer MOTION to Transfer Case, #15 MOTION to Dismiss PLAINTIFFS RULE 21 MOTION TO DROP JOSHUA BINNION, to District Judge Charles A. Pannell Jr.. (tcc) [Transferred from gand on 3/4/2021.]
February 23, 2021 Opinion or Order Filing 20 MOTION to Dismiss or in the Alternative Motion to Transfer with Brief In Support by Wal-Mart Stores East, L.P., Walmart, Inc.. (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2)(Miller, Michael) . Added MOTION to Transfer Case on 2/24/2021 (tcc). [Transferred from gand on 3/4/2021.]
February 23, 2021 Opinion or Order Filing 19 ANSWER to #18 Amended Complaint for Damages by Wal-Mart Stores East, L.P., Walmart, Inc..(Miller, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from gand on 3/4/2021.]
February 9, 2021 Opinion or Order Filing 18 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Irwin Tripp.(Tucker, Renee) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from gand on 3/4/2021.]
February 9, 2021 Opinion or Order Filing 17 NOTICE Of Filing Complete Exhibit A to Doc #16 by Irwin Tripp re #16 Response in Opposition to Motion (Tucker, Renee) [Transferred from gand on 3/4/2021.]
February 8, 2021 Opinion or Order Filing 16 RESPONSE in Opposition re #13 MOTION to Dismiss or in the Alternative Motion to Transfer MOTION to Transfer Case filed by Irwin Tripp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tucker, Renee) [Transferred from gand on 3/4/2021.]
February 3, 2021 Opinion or Order Filing 15 MOTION to Dismiss Joshua Binnion with Brief In Support by Irwin Tripp. (Attachments: #1 Memorandum of Law in Support, #2 Text of Proposed Order Proposed order)(Tucker, Renee) [Transferred from gand on 3/4/2021.]
January 28, 2021 Opinion or Order Filing 14 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (adg) (ADI) [Transferred from gand on 3/4/2021.]
January 25, 2021 Opinion or Order Filing 13 MOTION to Dismiss or in the Alternative Motion to Transfer with Brief In Support by Joshua Binnion, Wal-Mart Stores East, L.P., Walmart, Inc.. (Attachments: #1 Brief)(Miller, Michael) . Added MOTION to Transfer Case on 1/26/2021 (tcc).[Transferred from gand on 3/4/2021.]
January 25, 2021 Opinion or Order Filing 12 Defendants' ANSWER to #1 COMPLAINT with Jury Demand by Joshua Binnion, Wal-Mart Stores East, L.P., Walmart, Inc.. Discovery ends on 6/24/2021.(Miller, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from gand on 3/4/2021.]
January 25, 2021 Opinion or Order Filing 11 Certificate of Interested Persons by Joshua Binnion, Wal-Mart Stores East, L.P., Walmart, Inc.. (Miller, Michael) [Transferred from gand on 3/4/2021.]
January 25, 2021 Opinion or Order Filing 10 NOTICE of Appearance by Michael L. Miller on behalf of Joshua Binnion, Wal-Mart Stores East, L.P., Walmart, Inc. (Miller, Michael) [Transferred from gand on 3/4/2021.]
January 19, 2021 Opinion or Order Filing 9 Return of Service Executed by Irwin Tripp. Joshua Binnion served on 1/11/2021, answer due 2/1/2021. (Tucker, Renee) [Transferred from gand on 3/4/2021.]
January 19, 2021 Opinion or Order Filing 8 Return of Service Executed by Irwin Tripp. Walmart, Inc. served on 1/4/2021, answer due 1/25/2021. (Tucker, Renee) [Transferred from gand on 3/4/2021.]
January 19, 2021 Opinion or Order Filing 7 Return of Service Executed by Irwin Tripp. Wal-Mart Stores East, L.P. served on 1/4/2021, answer due 1/25/2021. (Tucker, Renee) [Transferred from gand on 3/4/2021.]
December 15, 2020 Opinion or Order Filing 6 Electronic Summons Issued as to Walmart, Inc.. (Attachments: #1 Summons)(tcc) [Transferred from gand on 3/4/2021.]
December 14, 2020 Opinion or Order Filing 3 PROPOSED SUMMONS filed by Irwin Tripp by Irwin Tripp (Attachments: #1 Summons)(Tucker, Renee) [Transferred from gand on 3/4/2021.]
December 14, 2020 Opinion or Order Filing 2 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/8/20. (eop) [Transferred from gand on 3/4/2021.]
December 11, 2020 Opinion or Order Filing 5 Electronic Summons Issued as to Joshua Binnion. (eop) [Transferred from gand on 3/4/2021.]
December 11, 2020 Opinion or Order Filing 4 Electronic Summons Issued as to Wal-Mart Stores East, L.P.. (eop) [Transferred from gand on 3/4/2021.]
December 11, 2020 Opinion or Order Filing 1 COMPLAINT with Jury Demand filed by Irwin Tripp. (Filing fee $402.00, receipt number AGANDC-10482841) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons -3)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from gand on 3/4/2021.]

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Search for this case: Tripp v. Walmart, Inc. et al
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Defendant: Walmart Inc
Represented By: Michael L. Miller
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Defendant: Wal-Mart Stores East LP
Represented By: Michael L. Miller
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Defendant: Joshua Binnion
Represented By: Michael L. Miller
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Defendant: Wal-Mart Stores Inc
Represented By: Michael L. Miller
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Defendant: Walmart Inc.
Represented By: Michael L. Miller
Represented By: Kevin C. Schiferl
Represented By: Jeffrey R. Benson
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Defendant: Wal-Mart Stores East, LP
Represented By: Michael L. Miller
Represented By: Kevin C. Schiferl
Represented By: Jeffrey R. Benson
Represented By: Anthony J. Petrillo
Represented By: Stephanie Virginia McGowan
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Defendant: Wal-Mart Stores Inc.
Represented By: Michael L. Miller
Represented By: Kevin C. Schiferl
Represented By: Jeffrey R. Benson
Represented By: Anthony J. Petrillo
Represented By: Stephanie Virginia McGowan
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Defendant: Walmart, Inc.
Represented By: Jeffrey R. Benson
Represented By: Kevin C. Schiferl
Represented By: Anthony J. Petrillo
Represented By: Michael L. Miller
Represented By: Stephanie Virginia McGowan
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Plaintiff: Irwin Tripp
Represented By: Renee Y. Tucker
Represented By: Forrest Bernard Johnson
Represented By: Renee Yvette Tucker
Represented By: Stanford N. Klinger
Represented By: Jerome Lucas Newell
Represented By: Stanford N Klinger
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