Cuddeback v. Walmart, Inc.
Plaintiff: Diana Cuddeback
Defendant: Walmart, Inc. and Walmart Inc. A Delaware Corportation doing business as Sam's West, Inc doing business as Sam's Club
Case Number: 3:2021cv01029
Filed: August 19, 2021
Court: US District Court for the Southern District of Illinois
Presiding Judge: David W Dugan
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2021 Opinion or Order Filing 13 ORDER granting (Doc. #12 ) Motion for Leave. By Motion dated October 14, 2021, Plaintiff Diana Cuddeback seeks leave to file an amended complaint to add a party defendant (Doc. 12). Plaintiff's counsel emailed a copy of her proposed amended complaint to the Court on October 14, 2021. Counsel for Defendant Walmart, Inc. also emailed the Court on October 14, 2021, indicating that Defendant has no objection. Federal Rule of Civil Procedure 15(a)(2) provides that a party may amend its pleading "with the opposing party's written consent or the court's leave." Further, the Court should "freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). Plaintiff's Motion is GRANTED. Plaintiff may file her amended complaint by October 22, 2021. Defendant shall file its responsive pleading to the amended complaint by November 5, 2021. (Amended Pleadings due by 10/22/2021; Answer due 11/5/2021). Signed by Judge David W. Dugan on 10/15/2021. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 14, 2021 Filing 12 MOTION for Leave to File Amended Complaint by Diana Cuddeback. (Hubbs, Earl)
September 22, 2021 Opinion or Order Filing 11 SCHEDULING AND DISCOVERY ORDER: Discovery due by 10/1/2022. Dispositive Motions due by 10/20/2022. Signed by Judge David W. Dugan on 9/22/2021. (Attachments: #1 JROP)(dmw2)
September 22, 2021 Opinion or Order Filing 10 ORDER. The Court adopts the Joint Report of the Parties as submitted. Accordingly, the Scheduling Conference set for 9/28/2021 at 10:00 a.m. is CANCELLED. Should the parties seek to amend the trial date, a written motion will be required. If the parties find that a Settlement Conference would prove beneficial, they are instructed to file a joint motion requesting the same. A Status Conference is set for 1/25/2022 at 10:30 AM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email from the Court. Signed by Judge David W. Dugan on 9/22/2021. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 27, 2021 Opinion or Order Filing 9 ORDER. Scheduling Conference set for 9/28/2021 at 10:00 AM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email from the Court. The Joint Report of the Parties is due on or before 9/21/2021 and shall be submitted via email to DWDpd@ilsd.uscourts.gov. The Parties are instructed to use the correct form for the Joint Report of the Parties which can be found within the attached Order. Signed by Judge David W. Dugan on 8/27/2021. (dmw2)
August 27, 2021 Filing 8 CJRA TRACK C assigned: Final Pretrial Conference set for 2/16/2023 at 10:00 AM and Jury Trial set for 2/27/2023 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 8/27/2021. (dmw2)
August 23, 2021 Filing 7 ANSWER to Complaint by Walmart, Inc..(DeFranco, James)
August 20, 2021 Filing 6 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 21-cv-1029-DWD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (tba)
August 19, 2021 Filing 5 NOTICE of Appearance by Nicholas Clark Martin on behalf of Walmart, Inc. (Martin, Nicholas)
August 19, 2021 Filing 4 DEMAND for Trial by Jury by Walmart, Inc.. (DeFranco, James)
August 19, 2021 Filing 3 Corporate Disclosure Statement by Walmart, Inc.. (DeFranco, James)
August 19, 2021 Filing 2 NOTICE of Appearance by James E. DeFranco on behalf of Walmart, Inc. (DeFranco, James)
August 19, 2021 Filing 1 NOTICE OF REMOVAL from St. Clair County, case number 2021-L-674 ( Filing fee $ 402 receipt number 0754-4554910), filed by Walmart, Inc.. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint, #3 Exhibit)(DeFranco, James)

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Plaintiff: Diana Cuddeback
Represented By: Earl W. Hubbs
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Defendant: Walmart, Inc.
Represented By: Nicholas Clark Martin
Represented By: James E. DeFranco
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Defendant: Walmart Inc. A Delaware Corportation doing business as Sam's West, Inc doing business as Sam's Club
Represented By: Nicholas Clark Martin
Represented By: James E. DeFranco
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