Castro v. Menard, Inc.
| Angelica Castro |
| Menard, Inc. |
| 2:2020cv00378 |
| October 21, 2020 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| James T Moody |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 13, 2021. A more recent docket listing may be available from PACER.
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Filing 20
ORDER GRANTING #15 MOTION to Remand to State Court by Plaintiff Angelica Castro and ORDERING that this case is REMANDED to the Lake Superior Court in Gary, Indiana, under cause number 45D04-2009-CT-000940. Signed by Magistrate Judge Joshua P Kolar on 1/13/2021. (Copy mailed to Lake Superior Court) (lhc)
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| Filing 19 RESPONSE to Motion re #15 MOTION to Remand to State Court filed by Menard, Inc.. (Davis, Jennifer) |
| Filing 18 NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE: The parties having consented pursuant to 28 U.S.C. Section 636(c), this case is referred to Magistrate Judge Joshua P Kolar for all purposes and is reassigned pursuant to General Order 2018-2 from Magistrate Judge Joshua P Kolar and Senior Judge James T Moody to Magistrate Judge Joshua P Kolar. (kjp) |
| Filing 17 NOTICE: Angelica Castro and Menard, Inc. were directed to return the Consent to or Declination of the Exercise of Jurisdiction by a United States Magistrate Judge attached at Docket Entry #12 regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Clerk's Office has not received the form. Angelica Castro, Menard, Inc. shall return the form within 10 days of the date of this entry. If, after the expiration of the 10-day extension set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Counsel also advised of 10-day consent deadline by phone. (shk) |
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Filing 16
MINUTE ORDER: Defendant Menard, Inc. is directed to file by 1/12/2021 a response to #15 Plaintiff's Petition for Remand of this Case to State Court. Defendant's response must state whether or not Defendant opposes #15 Plaintiff's Petition for Remand. Approved by Magistrate Judge Joshua P Kolar on 1/4/2021. Text entry order. (tc)
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| Filing 15 MOTION to Remand to State Court by Plaintiff Angelica Castro. (Gladish, David) |
| Filing 14 SCHEDULED AS TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE (not held) on 12/17/2020, before Magistrate Judge Joshua P Kolar. Pla appeared by atty Mark Schocke. Dft appeared by atty Jennifer Davis. Parties advise they will likely file a motion to remand to state court. Telephonic Status Conference set for 2/18/2021 09:30 AM in US District Court - Hammond before Magistrate Judge Joshua P Kolar. Parties are instructed to dial 877-336-1280 and enter access code 3293676# when prompted to join the conference. Magistrate consent forms due 1/7/2021. (Tape #ATT HOST.) (tc) |
| Set/Reset Deadlines: Magistrate Consent forms due by 1/7/2021. (tc) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting. (Davis, Jennifer) |
| Filing 12 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (tc) |
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Filing 11
ORDER: Telephonic Rule 16 Preliminary Pretrial Conference set for 12/17/2020 11:00 AM in US District Court - Hammond before Magistrate Judge Joshua P Kolar. Parties are instructed to dial 877-336-1280 and enter access code 3293676# when prompted to join the conference. A proposed Discovery Plan under Federal Rule of Civil Procedure 26(f) to be filed no later than five (5) business days prior to the pretrial conference. Signed by Magistrate Judge Joshua P Kolar on 11/24/2020. (tc)
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Filing 10
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 10/26/2020. (tc)
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| Filing 9 Defendant Menard, Inc.'s ANSWER to Complaint by Menard, Inc..(Davis, Jennifer) |
| Filing 8 NOTICE by Menard, Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit A, #3 Civil Cover Sheet)(Davis, Jennifer) |
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Filing 7
ORDER: The Court ORDERS Defendant to file copies of its Notice of Removal #1 and Answer #5 that redact all references to the minor child's name and substitute the initials only, along with a copy of the State Court Complaint ([DE 1-1] and [DE 4]) that redacts all references to the minor child's name. The Court further ORDERS that all future filings must use the minor's initials in the caption and throughout the document, and that any exhibits containing the minor's name must be redacted before filing on the electronic docket. Any future failure to comply with Federal Rule of Civil Procedure 5.2(a) will result in the Court striking the filing. Signed by Magistrate Judge Joshua P Kolar on 10/22/20. (ksp)
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Filing 6
ORDER: Pursuant to 28 U.S.C. 455(a), the Undersigned recuses herself from this case. Pursuant to 28 U.S.C. 137 and Local Rule 40-1(f)(2)(A), the Clerk of this Court is hereby directed to randomly reassign this matter to another Article III Judge for all further proceedings. Senior Judge James T Moody assigned for all further proceedings. Signed by Judge Theresa L Springmann on 10/22/2020. (bas)
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| Filing 5 Defendant Menard, Inc.'s ANSWER to Complaint by Menard, Inc..(Davis, Jennifer) |
| Judge Theresa L Springmann and Magistrate Judge Joshua P Kolar added. NEW CASE. (kjp) |
| Filing 3 NOTICE of Appearance by Kyle B Lawrence on behalf of Menard, Inc. (Lawrence, Kyle) |
| Filing 2 NOTICE of Appearance by Jennifer E Davis on behalf of Menard, Inc. (Davis, Jennifer) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0755-4377263.) from Lake Superior Court, Cause No. 45D01-2008-CT-000840, filed by Menard, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet)(Davis, Jennifer) |
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| Defendant: Menard, Inc. | |
| Represented By: | Kyle B Lawrence |
| Represented By: | Jennifer E Davis |
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| Plaintiff: Angelica Castro | |
| Represented By: | David S Gladish |
| Represented By: | Mark J Schocke |
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