Thurn et al v. Kimberly-Clark Corporation et al
| Kelly Thurn and Jeffrey Thurn |
| Kimberly-Clark Corporation, Sam's West, Inc. d/b/a Sam's Club and Sam's West, Inc. doing business as Sam's Club |
| 8:2022cv02526 |
| November 4, 2022 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Amanda Arnold Sansone |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal-Product Liability |
| Defendant |
Docket Report
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| Filing 25 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Initial Case Management Conference previously scheduled for 1/25/2023 is rescheduled. New hearing time: JANUARY 25, 2023, at 09:30 AM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 24 NOTICE of hearing: Case Management Conference set for JANUARY 25, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 23 CASE MANAGEMENT REPORT. (Wonder, Chantel) |
| Filing 22 NOTICE of mediation conference/hearing to be held on February 20, 2023 at 10:00 a.m. before Joseph Huss. (Wonder, Chantel) |
| Filing 21 NOTICE of Appearance by Paul Souferis on behalf of Kimberly-Clark Corporation, Sam's West, Inc. (Souferis, Paul) |
| Filing 20 First Defendants MOTION for leave to file DOCUMENT Plaintiff's Demand and Supporting Medical Information under seal by Kimberly-Clark Corporation, Sam's West, Inc. (Attachments: #1 Exhibit Exhibit A to Motion to Seal)(Wonder, Chantel). |
| Filing 19 RESPONSE to Motion re #3 MOTION to Remand to State Court filed by Kimberly-Clark Corporation, Sam's West, Inc.. (Attachments: #1 Exhibit Exhibit A to Defendants' Response to Motion to Remand, #2 Exhibit Exhibit B to Defendants' Response to Motion to Remand, #3 Exhibit Exhibit C to Defendants' Response to Motion to Remand)(Wonder, Chantel) |
Filing 18
ENDORSED ORDER: Defendants' amended motion for extension of time to file a response to Plaintiff's motion to remand (Doc. #16) is granted. Defendants may file their response to the motion to remand on or before December 2, 2022. Signed by Judge Thomas P. Barber on 11/29/2022. (EKB)
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Filing 17
ENDORSED ORDER: Because Defendants have filed an amended motion, Defendants' motion for extension of time to respond to Plaintiff's motion to remand (Doc. #15) is denied as moot. Signed by Judge Thomas P. Barber on 11/29/2022. (EKB)
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Remand to State Court Nunc Pro Tunc, #3 MOTION to Remand to State Court Amended as to 3.01(g) certification only by Kimberly-Clark Corporation, Sam's West, Inc.. (Wonder, Chantel) |
| Filing 15 MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Remand to State Court Nunc Pro Tunc by Kimberly-Clark Corporation, Sam's West, Inc.. (Wonder, Chantel) |
| Filing 14 RESPONSE to Motion re #7 MOTION to Dismiss Count I, Count II, Count V, Count VI, and Count VII of Plaintiffs' Complaint filed by Jeffrey Thurn, Kelly Thurn. (Pansler, Chase) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re 5 Notice to Counsel of Local Rule, by Jeffrey Thurn, Kelly Thurn. (Pansler, Chase) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Sam's West, Inc. identifying Corporate Parent Sam's Club, Other Affiliate Sam's West, Inc. d/b/a Sam's Club for Sam's West, Inc.. (Wonder, Chantel) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Kimberly-Clark Corporation identifying Corporate Parent Kimberly-Clark Corporation, Other Affiliate Kimberly-Clark Worldwide, Inc. for Kimberly-Clark Corporation. (Wonder, Chantel) |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Kimberly-Clark Corporation, Sam's West, Inc.. Related case(s): Yes (Wonder, Chantel) |
| Filing 9 NOTICE by Jeffrey Thurn, Kelly Thurn re 4 Notice to Counsel of Local Rule, Notice of Lead Counsel Designation (Pansler, Chase) |
| Filing 8 Defendant Sam's West, Inc. d/b/a Sam's Club's ANSWER and affirmative defenses to Complaint by Sam's West, Inc..(Wonder, Chantel) |
| Filing 7 MOTION to Dismiss Count I, Count II, Count V, Count VI, and Count VII of Plaintiffs' Complaint by Kimberly-Clark Corporation. (Wonder, Chantel) |
| Filing 6 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). (SRC) |
| Filing 5 NOTICE to Counsel 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 or elsewhere. -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). (SRC) |
| Filing 4 NOTICE to counsel Chase Robert Pansler, Karl Frederick Pansler of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (KME) |
| Filing 3 MOTION to Remand to State Court by Jeffrey Thurn, Kelly Thurn. (Pansler, Chase) |
| Filing 2 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Amanda Arnold Sansone. New case number: 8:22-cv-2526-TPB-AAS. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 10th Judicial Circuit in and for Polk County, Florida, case number 2022CA00345000000 filed in State Court on 10/10/2022. Filing fee $402, receipt number AFLMDC-20168307 filed by Sam's West, Inc. d/b/a Sam's Club, Kimberly-Clark Corporation. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal, #3 Exhibit C to Notice of Removal, #4 Exhibit D to Notice of Removal, #5 State Court COMPLAINT, #6 State Court Docket Sheet, #7 State Court Other Documents, #8 Civil Cover Sheet (Wonder, Chantel) Modified text on 11/9/2022 (KME). |
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