Warda v. Walmart Inc. et al
| Juliet Warda |
| Walmart Inc. and Wal-Mart Stores, Inc. |
| 1:2022cv06773 |
| December 2, 2022 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Defendant |
Docket Report
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This docket was last retrieved on January 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 MINUTE entry before the Honorable Matthew F. Kennelly: The Court finds based on defendant's supplemental filing that subject matter jurisdiction exists. The Court further sets the following discovery and pretrial schedule. Rule 26(a)(1) disclosures are to be made by 3/6/2023. Written discovery requests are to be served by 3/20/2023. The deadline for amending the pleadings and adding parties is 9/15/2023. Fact discovery is to be completed by 11/3/2023. Depositions of treating medical personnel are to be completed by 3/1/2023. An expert disclosure and discovery schedule will be set at a later date. The telephonic status hearing set for 2/1/2023 is vacated and reset to 5/4/2023 at 9:05 AM, using call-in number 888-684-8852, access code 746-1053. A joint status report regarding the progress of discovery and any settlement discussions is to be filed on 4/27/2023. (mk) |
| Filing 13 Jurisdictional Brief on Subject Matter Jurisdiction by Walmart Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Flood, Ariel) |
| Filing 12 MINUTE entry before the Honorable Matthew F. Kennelly: Defendants, which removed this case to federal court, have not adequately established a basis for federal jurisdiction. Their notice of removal does not describe the state of the plaintiff's citizenship, nor does the underlying state court complaint. The status report filed on 1/24/2023 describes the plaintiff's state of residence, but residence and citizenship are not necessarily the same. The Court will remand the case to state court unless this defect is cured by 1/27/2023. (mk) |
| Filing 11 STATUS Report by Juliet Warda (Saltzman, Matthew) |
| Filing 10 QUALIFIED PROTECTIVE ORDER PURSUANT TO HIPAA signed by the Honorable Matthew F. Kennelly on 1/11/2023: Uncontested motion for protective order #9 is granted. (mk) |
| Filing 9 MOTION by Defendant Walmart Inc. for protective order Pursuant to HIPAA (Uncontested) (Flood, Ariel) |
| Filing 8 MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 1/25/2023, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 on 2/1/2023 at 9:05 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk) |
| Filing 7 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 6 Defendant's ANSWER to Complaint at Law by Walmart Inc.(Flood, Ariel) |
| Filing 5 MAILED Notice of Removal Letter to Plaintiff's Counsel, Matthew Adam Saltzman. (jh, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jh, ) |
| Filing 4 ATTORNEY Appearance for Defendant Walmart Inc. by Ariel Terese Flood (Flood, Ariel) |
| Filing 3 ATTORNEY Appearance for Defendant Walmart Inc. by James P. Balog (Balog, James) |
| Filing 2 CIVIL Cover Sheet (Balog, James) |
| Filing 1 NOTICE of Removal from Cook County Law Division, case number (2022 L 008955) filed by Walmart Inc. Filing fee $ 402, receipt number AILNDC-20102409. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Balog, James) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (smb, ) |
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