Luthe v. Walmart, Inc.
| James Luthe |
| Walmart, Inc. |
| Mildred Stockwell |
| 3:2022cv02104 |
| September 8, 2022 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 11/2/2022. (drr) |
Filing 26
ORDER re #23 Notice of Dismissal. Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides that a plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party files an answer or summary judgment motion. On October 28, 2022 Plaintiff James Luthe filed a notice of dismissal without prejudice, prior to the opposing party filing an answer or summary judgment motion. The notice effected the immediate dismissal of the suit. The clerk's office shall enter judgment and close the case. Signed by Chief Judge Nancy J. Rosenstengel on 11/2/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 25 NOTICE OF ACTION re #24 Notice (Other) filed by Mildred Stockwell. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Bryan O'Connor does not have a Notice of Appearance on file in this case. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 24 NOTICE by MILDRED STOCKWELL NOTICE OF RELATED ACTION (O'Connor, Bryan) |
| Filing 23 NOTICE of Voluntary Dismissal by James Luthe (Klinger, Gary) |
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Filing 22
ORDER GRANTING Walmart's Second Unopposed Motion to Extend Time to Respond to Complaint. (Doc. #21 ). Walmart shall have until November 9, 2022 to file its answer or otherwise respond to the putative class action complaint. Signed by Chief Judge Nancy J. Rosenstengel on 10/25/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 21 Second MOTION for Extension of Time to File Response/Reply Walmart, Inc.'s Second Unopposed Motion to Extend Time to Respond to Complaint by Walmart, Inc.. (Rhodes, Michael) |
| Filing 20 AMENDED COMPLAINT Amended Class Action Complaint against Walmart, Inc., filed by James Luthe.(Klinger, Gary) |
| Filing 19 SUMMONS Returned Executed by James Luthe. Walmart, Inc. served on 9/21/2022, answer due 10/26/2022. (Klinger, Gary) |
| Plaintiff's Amended Complaint due by 10/11/2022. (jlh) |
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Filing 18
JURISDICTIONAL ORDER: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. See Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007) ("It is the responsibility of a court to make an independent evaluation of whether subject matter jurisdiction exists in every case."). While the parties need to only satisfy minimal diversity under CAFA, Section 1332 states that a corporation shall be deemed to be a citizen of any state and foreign state by which it has been incorporated and of the state or foreign state where it has its principal place of business. The state of incorporation and the principal place of business must be alleged in the Complaint if a defendant is a corporation. McMillian v. Sheraton Chicago Hotel & Towers, 567 F.3d 839, 845 n.10 (7th Cir. 2009), quoting 28 U.S.C. 1332(c)(1). Here, Plaintiff alleges "Defendant Walmart, Inc. is a corporation with its corporate headquarters located in Bentonville, Arkansas." (Doc. 1, p. 5). The Amended Complaint shall be filed no later than October 11, 2022. If Plaintiff fails to file an Amended Complaint in the manner and time prescribed or if, after reviewing it, the Court finds that Plaintiff does not properly establish subject matter jurisdiction, the Court may dismiss the action for lack of jurisdiction. Signed by Chief Judge Nancy J. Rosenstengel on 10/4/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set Deadlines: Walmart, Inc. answer due 10/26/2022. (kek) |
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Filing 17
ORDER GRANTING Walmart's Unopposed Motion to Extend Time to Respond to Complaint. (Doc. #9 ). Walmart shall have until October 26, 2022 to file its answer or otherwise respond to the putative class action complaint. Signed by Chief Judge Nancy J. Rosenstengel on 9/30/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 NOTICE REGARDING FILING re #8 Notice of Appearance filed by Walmart, Inc. You did not renew your membership in the bar and have been removed from the roll of attorneys admitted to practice in our court. You will need to apply for general admission anew and pay the initial admission fee or move to be admitted pro hac vice. Attorney admission information can be found under the Attorney Information heading on our website at http://www.ilsd.uscourts.gov. This Notice is sent for informational purposes only. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 15
ORDER granting #11 Motion to Appear Pro Hac Vice by Attorney Michael G. Rhodes; #12 Motion to Appear Pro Hac Vice Whitty Somvichian; #13 Motion to Appear Pro Hac Vice Kyle C. Wong; and #14 Motion to Appear Pro Hac Vice Darina Shtrakhman on behalf of Walmart. (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 MOTION to Appear Pro Hac Vice by Attorney Darina Shtrakhman $200 fee paid,receipt number AILSDC-4895449 by on behalf of Walmart, Inc.. (Shtrakhman, Darina) |
| Filing 13 MOTION to Appear Pro Hac Vice by Attorney Kyle C. Wong $200 fee paid,receipt number AILSDC-4895448 by on behalf of Walmart, Inc.. (Wong, Kyle) |
| Filing 12 MOTION to Appear Pro Hac Vice by Attorney Whitty Somvichian $200 fee paid,receipt number AILSDC-4895447 by on behalf of Walmart, Inc.. (Somvichian, Whitty) |
| Filing 11 MOTION to Appear Pro Hac Vice by Attorney Michael G. Rhodes $200 fee paid,receipt number AILSDC-4895446 by on behalf of Walmart, Inc.. (Rhodes, Michael) |
| Filing 10 Corporate Disclosure Statement by Walmart, Inc.. (Earles, Bobby) |
| Filing 9 MOTION for Extension of Time to File Response/Reply Walmart's Unopposed Motion to Extend Time to Respond to Complaint by Walmart, Inc.. (Earles, Bobby) |
| Filing 8 NOTICE of Appearance by Bobby E. Earles on behalf of Walmart, Inc. (Earles, Bobby) |
| Filing 7 Summons Issued as to Walmart, Inc. Original mailed to counsel for service. (amv) |
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Filing 6
ORDER granting #5 Motion to Appear Pro Hac Vice by Attorney Nick Suciu, III. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION to Appear Pro Hac Vice by Attorney Nick Suciu, III $200 fee paid,receipt number AILSDC-4880620 by on behalf of James Luthe. (Suciu, Nick) |
| Filing 4 NOTICE of Appearance by Gary M. Klinger on behalf of James Luthe (Klinger, Gary) |
| Filing 3 NOTICE OF ACTION. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Klinger does not have a Notice of Appearance on file in this case. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 2 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 22-2104-NJR. (csb) |
| Filing 1 COMPLAINT against Walmart, Inc. ( Filing fee $ 402 receipt number AILSDC-4878027.), filed by James Luthe. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Klinger, Gary) |
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