Bard v. Walmart, Inc.
| Ronald Bard |
| Walmart, Inc., Christopher Odell and John Doe |
| 3:2022cv02726 |
| November 22, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on January 18, 2023. A more recent docket listing may be available from PACER.
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Filing 17
ORDER regarding case management and Doc. 14, where the Court construed Plaintiff's Motion for Voluntary Dismissal of Defendant, Christopher O'Dell, Without Prejudice (Doc. 13), as a Motion for Leave to Amend the Complaint under Federal Rule of Civil Procedure 15(a). See Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015). The Court, while allowing objections within 7 days, granted the Motion under that procedural posture and allowed Plaintiff leave to file an amended complaint. No objections were filed and, to date, Plaintiff has not filed an amended complaint. Further, the Court notes that Plaintiff has not timely filed a Response to Defendant's Motion to Dismiss Count III of the Complaint (Doc. 5), which pertains only to Defendants O'Dell and John Doe. Accordingly, Plaintiff is DIRECTED to file an Amended Complaint or to otherwise advise the Court of his view of the procedural posture by February 1, 2023. Signed by Judge David W. Dugan on 1/18/2023. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 16
SCHEDULING AND DISCOVERY ORDER: Discovery due by 8/24/2023. Dispositive Motions due by 9/23/2023. Stipulation Selecting Mediator to be filed by 1/31/2023. Mandatory Mediation Session to be completed by 7/24/2023. Mandatory Mediation Program Completion due by 8/9/2023. Signed by Judge David W. Dugan on 12/29/2022. (Attachments: #1 JROP) (dmw2)
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Filing 15
ORDER. The Court adopts the Joint Report of the Parties as submitted. Accordingly, the Scheduling Conference set for 1/3/2023 is CANCELLED. Should the parties seek to amend the trial date, a written motion will be required. A Status Conference is set for 9/26/2023 at 3:00 PM via Zoom video conference before Judge David W. Dugan. Signed by Judge David W. Dugan on 12/29/2022. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
ORDER regarding Plaintiff's Motion for Voluntary Dismissal of Defendant, Christopher O'Dell, Without Prejudice (Doc. 13). The Seventh Circuit has made clear that the proper vehicle for adding or dropping individual parties or claims is by moving to amend a complaint under Federal Rule of Civil Procedure 15(a). See Fed. R. Civ. P. 15(a); Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015). Accordingly, the Court construes Doc. 13 as a Motion for Leave to Amend the Complaint under Rule 15(a). Under that procedural posture, the Motion is GRANTED and Plaintiff is granted leave to amend. Any objection to this course of action shall be filed by Friday, December 30, 2022. Signed by Judge David W. Dugan on 12/23/2022. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 First MOTION to Dismiss Christopher O'Dell by Ronald Bard. (Guerra, Jason) |
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Filing 12
ORDER REFERRING CASE to Mediation. Signed by Judge David W. Dugan on 11/30/2022. (dmw2)
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Filing 11
ORDER. Scheduling Conference set for 1/3/2023 at 3:00 PM 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 12/27/2022 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 attached to this Order. Signed by Judge David W. Dugan on 11/30/2022. (Attachments: #1 JROP)(dmw2)
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| Filing 10 CJRA TRACK B assigned: Final Pretrial Conference set for 1/11/2024 at 10:00 AM and Jury Trial set for 1/22/2024 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 11/30/2022. (dmw2) |
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Filing 9
ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Judge David W. Dugan for all further proceedings. Signed by Judge J. Phil Gilbert on 11/28/2022. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 NOTICE of Appearance by Jason D. Guerra on behalf of All Plaintiffs (Guerra, Jason) |
| Filing 7 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 22-2726-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (jlh) |
| Filing 6 DEMAND for Trial by Jury by Walmart, Inc.. (DeFranco, James) |
| Filing 5 MOTION to Dismiss by Walmart, Inc.. (Attachments: #1 Affidavit)(DeFranco, James) |
| Filing 4 ANSWER to Complaint by Walmart, Inc..(DeFranco, James) |
| Filing 3 Corporate Disclosure Statement by Walmart, Inc.. (DeFranco, James) |
| Filing 2 NOTICE of Appearance by James E. DeFranco on behalf of Walmart, Inc. (DeFranco, James) |
| Filing 1 NOTICE OF REMOVAL from Madison County, case number 22-LA-1291 ( Filing fee $ 402 receipt number AILSDC-4935965), filed by Walmart, Inc.. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint, #3 Exhibit 1)(DeFranco, James) |
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