McCARTNEY v. MYERS INDUSTRIES INC et al
| NAN MORGAN McCARTNEY |
| MYERS INDUSTRIES, INC., SCEPTER US HOLDING COMPANY, SCEPTER MANUFACTURING, LLC, SCEPTER CANADA INC., WALMART INC, WAL-MART STORES EAST LP, MYERS INDUSTRIES INC, SCEPTER MANUFACTURING LLC and SCEPTER CANADA INC |
| 3:2023cv07038 |
| March 29, 2023 |
| US District Court for the Northern District of Florida |
| ZACHARY C BOLITHO |
| T KENT WETHERELL |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on May 24, 2023. A more recent docket listing may be available from PACER.
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Filing 28
ORDER re #27 Motion to Appear Pro Hac Vice. That the motion is GRANTED, and attorney Adam Carlis is authorized to appear pro hac vice for Defendants Walmart, Inc. and Wal-Mart Stores East, LP. (Appointed ADAM CARLIS for WAL-MART STORES EAST LP, and WALMART INC). Signed by JUDGE T KENT WETHERELL II on 5/24/2023. (mb)
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| Filing 27 MOTION to Appear Pro Hac Vice by Adam Carlis.( Filing fee $ 208 receipt number AFLNDC-7882659.) by WAL-MART STORES EAST LP, WALMART INC. (Attachments: #1 Exhibit Certificate of Good Standing) (CARLIS, ADAM) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #27 MOTION to Appear Pro Hac Vice by Adam Carlis.( Filing fee $ 208 receipt number AFLNDC-7882659.) (mb) |
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Filing 26
FINAL SCHEDULING ORDER re #25 Joint REPORT. Discovery due by 9/2/2024. The deadline to file potentially Dispositive Motions, as well as daubert motions, to be filed by 9/30/2024. Mediation to take place by 9/16/2024. Mediation Report due by 9/23/2024. Signed by JUDGE T KENT WETHERELL II on 5/19/2023. (mb)
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| Filing 25 REPORT of Rule 26(f) Planning Meeting. (MAUZY, JANE) |
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Filing 24
ORDER GRANTING EXTENSION OF TIME re #23 Parties' Joint MOTION for Enlargement of Time. That the motion is GRANTED, and the parties shall have until May 18, 2023, to file the report of their Rule 26(f) conference. (Rule 26 Meeting Report due by 5/18/2023.) Signed by JUDGE T KENT WETHERELL II on 5/12/2023. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #23 Joint MOTION for Extension of Time to File Rule 26 Joint Report. (mb) |
| Filing 23 Joint MOTION for Extension of Time to File Rule 26 Joint Report by MYERS INDUSTRIES INC, SCEPTER CANADA INC, SCEPTER MANUFACTURING LLC, SCEPTER US HOLDING COMPANY. (BEALL, CHARLES) |
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Filing 22
ORDER re #21 Motion to Appear Pro Hac Vice. That the motion is GRANTED, and attorney David Ian Gordon Matthews is authorized to appear pro hac vice for Defendants Myers Industries, Inc., Scepter US Holding Company, Scepter Manufacturing, LLC and Scepter Canada, Inc. (Appointed DAVID I MATTHEWS for MYERS INDUSTRIES INC, SCEPTER CANADA INC, SCEPTER MANUFACTURING LLC, and SCEPTER US HOLDING COMPANY). Signed by JUDGE T KENT WETHERELL II on 5/3/2023. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #21 MOTION to Appear Pro Hac Vice by David I. Matthews. (Filing fee $ 208 receipt number AFLNDC-7848328.) (mb) |
| Filing 21 MOTION to Appear Pro Hac Vice by David I. Matthews.( Filing fee $ 208 receipt number AFLNDC-7848328.) by MYERS INDUSTRIES INC, SCEPTER CANADA INC, SCEPTER MANUFACTURING LLC, SCEPTER US HOLDING COMPANY. (Attachments: #1 Exhibit A - Certificate of Good Standing) (MATTHEWS, DAVID) |
| Filing 20 Defendants' ANSWER to Complaint by WAL-MART STORES EAST LP, WALMART INC. (PAYNE, TRICIA) |
| Filing 19 ANSWER to Complaint and Affirmative Defenses by MYERS INDUSTRIES INC, SCEPTER CANADA INC, SCEPTER MANUFACTURING LLC, SCEPTER US HOLDING COMPANY. (BEALL, CHARLES) |
| Filing 18 NOTICE of Appearance by WILLIAM REEVES ANDREWS on behalf of All Plaintiffs (ANDREWS, WILLIAM) |
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Filing 17
ORDER granting #15 Motion to Appear Pro Hac Vice. Attorney Jane Mauzy is authorized to appear pro hac vice for Plaintiff. Signed by JUDGE T KENT WETHERELL II on 04/14/2023. (alb)
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| Filing 16 Corporate Disclosure Statement/Certificate of Interested Persons by NAN MORGAN McCARTNEY. (ANDREWS, WILLIAM) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #15 MOTION to Appear Pro Hac Vice by Jane Mauzy.( Filing fee $ 208 receipt number AFLNDC-7816785.) (alb) |
| Filing 15 MOTION to Appear Pro Hac Vice by Jane Mauzy.( Filing fee $ 208 receipt number AFLNDC-7816785.) by NAN MORGAN McCARTNEY. (Attachments: #1 Exhibit Certificate of Good Standing) (MAUZY, JANE) |
| Filing 14 Corporate Disclosure Statement/Certificate of Interested Persons by MYERS INDUSTRIES INC, SCEPTER CANADA INC, SCEPTER MANUFACTURING LLC, SCEPTER US HOLDING COMPANY identifying Corporate Parent MYERS INDUSTRIES, INC. for SCEPTER CANADA INC, SCEPTER MANUFACTURING LLC, SCEPTER US HOLDING COMPANY.. (BEALL, CHARLES) |
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Filing 13
ORDER re #11 MOTION to Appear Pro Hac Vice. That the motion is GRANTED, and attorney William Reeves Andrews is authorized to appear pro hac vice for Plaintiff. Signed by JUDGE T KENT WETHERELL II on 4/12/2023. (mb)
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| Filing 12 AMENDED DOCUMENT by MYERS INDUSTRIES INC, SCEPTER CANADA INC, SCEPTER MANUFACTURING LLC, SCEPTER US HOLDING COMPANY. Amendment to #10 Notice of Appearance (MOUSSA, CATHERINE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #11 MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number BFLNDC-7812983.) (mb) |
| Filing 11 MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number BFLNDC-7812983.) by NAN MORGAN McCARTNEY. (Attachments: #1 Exhibit Certificate of Good Standing) (ANDREWS, WILLIAM) |
| Filing 10 NOTICE of Appearance by CINDY DUQUE BONILLA on behalf of MYERS INDUSTRIES INC, SCEPTER CANADA INC, SCEPTER MANUFACTURING LLC, SCEPTER US HOLDING COMPANY (BONILLA, CINDY) |
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Filing 9
ORDER GRANTING EXTENSION OF TIME re #7 Unopposed MOTION for Extension of Time file by Defendants WALMART INC and WAL-MART STORES EAST LP. That the motion is GRANTED, and Walmart shall have until April 26, 2023, to answer or otherwise respond to the complaint. (Answer due by 4/26/2023.) Signed by JUDGE T KENT WETHERELL II on 4/6/2023. (mb)
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Filing 8
ORDER GRANTING EXTENSION OF TIME re #6 Consent MOTION for Extension of Time to File Answer. That the motion is GRANTED, and the Scepter Defendants shall have until April 26, 2023, to answer or otherwise respond to the complaint. (Answer due by 4/26/2023.) Signed by JUDGE T KENT WETHERELL II on 4/5/2023. (mb)
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| Filing 7 MOTION to Extend Timeto Respond to Plaintiff's Complaint by WAL-MART STORES EAST LP, WALMART INC. (PAYNE, TRICIA) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #7 MOTION to Extend Time to Respond to Plaintiff's Complaint (mb) |
| Filing 6 Consent MOTION for Extension of Time to File Answer by MYERS INDUSTRIES INC, SCEPTER CANADA INC, SCEPTER MANUFACTURING LLC, SCEPTER US HOLDING COMPANY. (BEALL, CHARLES) |
| Filing 5 NOTICE of Consent to Removal by WAL-MART STORES EAST LP, WALMART INC (PAYNE, TRICIA) |
| Filing 4 NOTICE of Appearance by TRICIA HELGESEN PAYNE on behalf of WAL-MART STORES EAST LP, WALMART INC (PAYNE, TRICIA) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #6 Consent MOTION for Extension of Time to File Answer (mb) |
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Filing 3
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 4/13/2023. Rule 26 Meeting Report due by 5/15/2023. Discovery due by 7/27/2023. Signed by JUDGE T KENT WETHERELL II on 3/30/2023. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #1 Notice of Removal (please see proposed R&O). (mb) |
| Filing 2 CIVIL COVER SHEET. (BEALL, CHARLES) |
| Filing 1 NOTICE OF REMOVAL by SCEPTER CANADA INC., MYERS INDUSTRIES, INC., SCEPTER MANUFACTURING, LLC, SCEPTER US HOLDING COMPANY from Escambia County Circuit Court, case number 2023 CA 000263. ( Filing fee $ 402 receipt number AFLNDC-7792307.), filed by SCEPTER CANADA INC., MYERS INDUSTRIES, INC., SCEPTER MANUFACTURING, LLC, SCEPTER US HOLDING COMPANY. (Attachments: #1 Exhibit Complaint, #2 Exhibit Civil Cover Sheet, #3 Exhibit NOS of Plaintiff's First Interrogatories to Myers Industries, #4 Exhibit Plaintiff's First RFP to Myers Industries, #5 Exhibit NOS of Plaintiff's First Interrogatories to Scepter Canada, #6 Exhibit Plaintiff's First RFA to Scepter Canada, #7 Exhibit Plaintiff's First RFP to Scepter Canada, #8 Exhibit NOS of Plaintiff's First Interrogatories to Scepter Mfg, LLC, #9 Exhibit Plaintiff's First RFA to Scepter Mfg, LLC, #10 Exhibit Plaintiff's First RFP to Scepter Mfg, LLC, #11 Exhibit NOS of Plaintiff's First Interrogatories to Scepter US Holding Co, #12 Exhibit Plaintiff's First RFA to Scepter US Holding Co, #13 Exhibit Plaintiff's First RFP to Scepter US Holding Co, #14 Exhibit NOS of Plaintiff's First Interrogatories to Walmart Inc, #15 Exhibit Plaintiff's First RFA to Walmart Inc, #16 Exhibit Plaintiff's First RFP to Walmart Inc, #17 Exhibit NOS of Plaintiff's First Interrogatories to Wal-Mart Stores East, #18 Exhibit Plaintiff's First RFA to Wal-Mart Stores East, #19 Exhibit Plaintiff's First RFP to Wal-Mart Stores East, #20 Exhibit Plaintiff's First RFA to Myers Industries, #21 Exhibit Summons - Myers Industries, #22 Exhibit Summons - Scepter US Holding Co, #23 Exhibit Summons - Scepter Mfg, LLC, #24 Exhibit Summons - Scepter Canada, #25 Exhibit Summons - Walmart Inc, #26 Exhibit Summons - Wal-Mart Stores East, #27 Exhibit Amended Order to Plaintiff Regarding Required Reporting, #28 Exhibit Notice of Appearance - Larry Hill, #29 Exhibit Notice of Appearance - Charles F. Beall, Jr.) (BEALL, CHARLES) |
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