Scott v. Walmart, Inc.
| Fern Scott |
| Walmart, Inc. |
| 3:2024cv00507 |
| February 22, 2024 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1332 Diversity-Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 14 Defendant's ANSWER to #10 Amended Complaint (and Affirmative Defenses) by Walmart, Inc..(Orler, Ashley) |
Filing 13
ORDER REFERRING CASE TO MEDIATION. Signed by Judge David W. Dugan on 4/3/2024. (dmw2)
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Filing 12
ORDER. Scheduling Conference set for 5/8/2024 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 5/1/2024 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 4/3/2024. (Attachments: #1 JROP)(dmw2)
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| Filing 11 CJRA TRACK B assigned: Final Pretrial Conference set for 5/8/2025 at 10:00 AM and Jury Trial set for 5/19/2025 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. (dmw2) |
| Filing 10 AMENDED COMPLAINT Fern Scott against Walmart, Inc., filed by Fern Scott. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Flowers, Breanna) |
| Set/Reset Deadlines: Second Amended Complaint due by 3/26/2024. (tkm) |
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Filing 9
ORDER REGARDING #8 Plaintiff's Motion to Dismiss. Plaintiff moves to voluntarily dismiss Counts I (Negligent Infliction of Emotion Distress) and II (Intentional Infliction of Emotional Distress) from her #5 First Amended Complaint without prejudice. Although Plaintiff does not cite to a rule, it appears that she is attempting to voluntarily dismiss claims under FRCP 41. However, the Seventh Circuit has made clear that the proper vehicle for adding or dropping individual parties or claims is an amended complaint under FRCP 15(a). See Fed. R. Civ. P. 15(a); Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015); accord Dr. Robert L. Meinders, D.C., Ltd. v. United Healthcare Servs., Inc., 7 F. 4th 555, 559 n. 4 (7th Cir. 2021) ("[W]e again remind parties and district courts that Rule 15(a) is the better course for voluntarily dismissing individual parties or claims."). Accordingly, the motion to voluntarily dismiss claims in accord with FRCP 41 is DENIED. Given the procedural posture of the case, Plaintiff is GRANTED LEAVE to file a Second Amended Complaint on or before March 26, 2024.. Signed by Judge David W. Dugan on 3/19/2024. (orw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 First MOTION to Dismiss Counts I and II by Fern Scott. (Flowers, Breanna) |
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Filing 7
ORDER GRANTING #6 Defendant's Consent Motion for Extension of Time. For the reasons stated, the unopposed motion for an extension is GRANTED. The deadline for Defendant to file a responsive pleading to the complaint is now March 29, 2024. Signed by Judge David W. Dugan on 3/15/2024. (orw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 Consent MOTION for Extension of Time to File Answer (responsive pleading) by Walmart, Inc.. (Orler, Ashley) |
| Filing 5 AMENDED COMPLAINT Fern Scott against Walmart, Inc., filed by Fern Scott. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Flowers, Breanna) |
| Filing 4 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Walmart, Inc.. (Orler, Ashley) |
| Filing 3 NOTICE OF ACTION re #2 Notice of Removal filed by Walmart, Inc.. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx. (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 2 NOTICE OF REMOVAL from St. Clair County, case number 23LA0371, filed by Walmart, Inc.. (Attachments: #1 Exhibit)(kdw) |
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Filing 1
ORDER GRANTING 7 MOTION to Sever filed by Walmart Inc., and DENYING 18 MOTION to Remand filed by Dawn Triplett, Fern Scott, Kimberly Long. Pursuant to Fed. R. Civ. P. 21, the Court SEVERS the case into the following actions: (1) Kimberly Long v. Walmart, Inc.; (2) Fern Scott v. Walmart, Inc.; and (3) Dawn Triplett v. Walmart, Inc. The Clerk of Court is DIRECTED to sever the cases as set forth in the attached order.(kdw)
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| Plaintiff: Fern Scott | |
| Represented By: | Breanna Lynn Flowers |
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| Defendant: Walmart, Inc. | |
| Represented By: | Ashley L. Orler |
| Represented By: | Katie M. Rhoten |
| Represented By: | Melanie Elysia Baker Analo |
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