Lopez v. Walmart Inc.
| Jessica Lopez |
| Walmart Inc. and Jeffrey Wallace |
| 1:2023cv01174 |
| April 28, 2023 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Joe Billy McDade |
| James E Shadid |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
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TEXT ORDER STRIKING #13 the Plaintiff's Federal Rule of Civil Procedure 7.1 Disclosure Statement as the document itself provides that it is the Plaintiff's Disclosures Pursuant to Rule 26(a). Entered by Magistrate Judge Jonathan E. Hawley on 6/9/2023. (KZ
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| Filing 14 NOTICE of Service of Discovery Documents (Compton, Matthew) |
| Filing 13 STRICKEN PURSUANT TO TEXT ORDER ENTERED 6/9/2023: Federal Rule of Civil Procedure 7.1 Disclosure Statement by Jessica Lopez. (Compton, Matthew) Modified on 6/9/2023 (TK). |
| Filing 12 TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan #11 . Discovery due by 5/7/2024. Dispositive Motions due by 6/7/2024. Final Pretrial Conference set for 10/10/2024 at 2:00 PM and Jury Trial set for 10/21/2024 at 9:00 AM, BOTH in Courtroom A before District Judge Shadid. The parties joint Proposed Final Pretrial Order is due on or before 9/23/2024. The Proposed Final Pretrial Order shall include as exhibits a list of each parties witnesses and whether they will appear in person or by video; a joint list of exhibits, if any, to which the parties agree to their admissibility; a list of exhibits to which a party objects and the basis for the objections; joint jury instructions on which the parties agree; and each partys own instructions to which another party objects. The combination of the joint instructions and each partys separately offered instructions should, in that partys view, constitute all the instructions the Court would give to the jury. If a party objects to another partys instruction, it should offer an alternative instruction, unless the party believes that the particular instruction should not be given at all. Motions in limine due on or before 9/9/2024 and responses thereto due on or before 9/23/2024. Rule 16 conference set 6/9/2023 is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawley's Standing Order that was revised on 4/7/2022. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 5/12/2023. (WG) Modified on 5/12/2023 to add date of the R16 which was vacated.(WG). |
| Filing 11 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Walmart Inc.. (Warren, Brittany) |
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TEXT ONLY ORDER: Plaintiff filed her complaint against Defendants Walmart Inc. and Jeffrey Wallace in the Circuit Court of Tazewell County. Defendants removed #1 the case to federal court. Now, Defendant Jeffrey Wallace filed a Motion #5 to Dismiss pursuant to Federal Rule of Civil Procedure 21. Plaintiffs filed a Response #9 indicating that they do not oppose Defendants Motion. Defendant contends that he was fraudulently joined as a party to defeat diversity jurisdiction as he and Plaintiff are citizens of Illinois while Walmart is not. Defendant Wallace filed an Affidavit [1-5] stating that he was not an employed by Walmart nor otherwise working at Walmart's East Peoria store at the time the events giving rise to this suit took place. Pursuant to Federal Rule of Civil procedure, the Court has authority to dismiss parties who have been fraudulently joined. Fed. R. Civ. P. 21; Faucett v. Ingersoll-Rand Min. & Machinery Co., 960 F.2d 653, 655 (7th Cir. 1992). Fraudulent joinder requires the defendant to "show that, after resolving all issues of fact and law in favor of the plaintiff, the plaintiff can establish a cause of action against the in-state defendant." Morris v. Nuzzo, 718 F.3d 660, 666 (7th Cir. 2013). As Plaintiff does not oppose Defendant's Motion and it appears to be undisputed that Defendant Wallace was not an employee of Walmart and there is no other basis for liability, Defendant's Motion #5 is GRANTED and Jeffrey Wallace is dismissed as a party. The Clerk is directed to amend the docket.. Entered by Judge James E. Shadid on 5/10/2023. (Townsend, Madeline)
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Filing 10
TEXT ORDER entered by Magistrate Judge Jonathan E. Hawley on 5/5/23: This case is set for a Rule 16 Scheduling Conference before Magistrate Judge Jonathan E. Hawley on 6/9/23 at 9:30 a.m. via telephone. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A Discovery Plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 6/6/23. The parties may, but are not required to, follow the format of the sample Discovery Plan set forth as Attachment A to the Standing Order attached to this Text Order. If the Complaint makes allegations on behalf of a class, the proposed Discovery Plan should include a deadline for filing a Motion to Certify Class at a stage early in the case. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the Standing Order attached to this Text Order prior to their Rule 26(f) planning meeting. (FDS)
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| Filing 9 RESPONSE to Motion re #5 MOTION to Dismiss filed by Plaintiff Jessica Lopez. (Compton, Matthew) |
| Filing 8 ANSWER to Complaint AND AFFIRMATIVE DEFENSES of Defendant WalMart Inc by Jessica Lopez.(Compton, Matthew) |
| Filing 7 NOTICE of Appearance of Attorney by Matthew Alan Compton on behalf of Jessica Lopez (Compton, Matthew) |
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TEXT ORDER OF REASSIGNMENT. This case and the corresponding hearings are reassigned to Judge James E. Shadid for further proceedings. Entered by Chief Judge Sara Darrow on 5/3/2023. (AH)
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 5/3/2023. This case and the corresponding hearings are reassigned to Chief Judge Sara Darrow pending reassignment. Entered by Chief Judge Sara Darrow on 5/3/2023. (AH)
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Filing 6
TEXT ORDER entered by Magistrate Judge Jonathan E. Hawley on 5/1/23: This case is set for a Rule 16 Scheduling Conference before Magistrate Judge Jonathan E. Hawley on 5/19/23 at 9:15 a.m. via telephone. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A Discovery Plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 5/16/23. The parties may, but are not required to, follow the format of the sample Discovery Plan set forth as Attachment A to the Standing Order attached to this Text Order. If the Complaint makes allegations on behalf of a class, the proposed Discovery Plan should include a deadline for filing a Motion to Certify Class at a stage early in the case. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the Standing Order attached to this Text Order prior to their Rule 26(f) planning meeting. (FDS)
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TEXT ORDER : Senior Judge Joe Billy McDade disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. 455(a). This matter is referred to Chief Judge Sara Darrow for reassignment. Entered by Judge Joe Billy McDade on 5/1/23. (JA)
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| Filing 5 MOTION to Dismiss by Defendant Jeffrey Wallace. Responses due by 5/12/2023 (Warren, Brittany) |
| Filing 4 ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Walmart Inc..(Warren, Brittany) |
| Filing 3 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Jeffrey Wallace, Walmart Inc.. (Warren, Brittany) |
| Filing 2 NOTICE of Appearance of Attorney by Brittany P Warren on behalf of Jeffrey Wallace, Walmart Inc. (Warren, Brittany) |
| Filing 1 NOTICE OF REMOVAL from Tenth Judicial Circuit, Tazewell County, IL, case number 23-LA-23 (Filing fee $ 402 receipt number AILCDC-4195082), filed by Walmart Inc., Jeffrey Wallace. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Warren, Brittany) |
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