Burgess v. Menard, Inc
Plaintiff: Tammy Burgess
Defendant: Menard, Inc., d/b/a Menard and Menard Inc doing business as Menard
Case Number: 2:2022cv00055
Filed: March 8, 2022
Court: U.S. District Court for the Northern District of Indiana
Presiding Judge: Andrew P Rodovich
Referring Judge: Philip P Simon
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1446 Petition for Removal- Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2022 Opinion or Order Filing 15 ORDER: This matter is before the court on Plaintiffs Objection to Notice of Remand #9 . This matter has been briefed and is now set for an in-person hearing for Tuesday, 5/10/2022 at 1:00 p.m. Hammond/Central time. Signed by Judge Philip P Simon on 4/28/22. (nhc)
April 27, 2022 Filing 14 REPLY to Response to Motion re #9 OBJECTION TO NOTICE OF REMOVAL re #1 Notice of Removal, filed by Menard Inc Plaintiff's Reply to Defendant's Response Concerning Petition for Removal filed by Tammy Burgess. (Alvarez, Walter)
April 21, 2022 Filing 13 RESPONSE to Motion re #9 OBJECTION TO NOTICE OF REMOVAL re #1 Notice of Removal, filed by Menard Inc filed by Menard Inc. (Davis, Jennifer) Modified on 4/28/2022 to correct docket text (nae).
April 11, 2022 Opinion or Order Filing 12 MINUTE ORDER: The Telephonic Rule 16 Preliminary Pretrial Conference set for 4/15/2022 before Magistrate Judge Andrew P Rodovich is VACATED, to be reset at a later date if necessary. Approved by Magistrate Judge Andrew P Rodovich on 4/11/2022. Text entry only. (tc)
April 8, 2022 Opinion or Order Filing 11 ORDER: Defendant shall file a Response on or before 4/22/2022 regarding the Objection to Removal and the court's concern regarding the timeliness of removal and lack of bad faith alleged in order to remove the action after one year. Plaintiff may file a Reply on or before 4/29/2022. Signed by Judge Philip P Simon on 4/8/2022. (asd)
April 8, 2022 Filing 10 REPORT of Rule 26(f) Planning Meeting. (Davis, Jennifer)
April 7, 2022 Filing 9 OBJECTION TO NOTICE OF REMOVAL re #1 Notice of Removal, filed by Menard Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Alvarez, Walter)
April 7, 2022 Filing 8 NOTICE of Appearance by Walter J Alvarez on behalf of Tammy Burgess (Alvarez, Walter)
April 1, 2022 Filing 7 NOTICE of Appearance by Jennifer E Davis on behalf of Menard Inc (Davis, Jennifer)
March 28, 2022 Filing 6 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (tc)
March 28, 2022 Opinion or Order Filing 5 ORDER AND NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 4/15/2022 10:30 AM (Central time) before Magistrate Judge Andrew P Rodovich. Court to initiate the call. The attorneys shall provide a direct dial number to Judge Rodovich's Case Manager at teresa_castillo@innd.uscourts.gov at least 24 hours prior to the conference. The direct dial number must bypass any receptionist or automated answering system. 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 Andrew P Rodovich on 3/28/2022. (tc)
March 10, 2022 Opinion or Order Filing 4 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 Andrew P Rodovich on 3/10/2022. (tc)
March 9, 2022 **NEW CASE** Judge Philip P Simon and Magistrate Judge Andrew P Rodovich added. (mlc)
March 8, 2022 Filing 3 STATE COURT COMPLAINT filed in Lake Superior Court with Jury Demand against Menard Inc, filed by Tammy Burgess.(mlc)
March 8, 2022 Filing 2 NOTICE of Appearance by Kyle B Lawrence on behalf of Menard, Inc., d/b/a Menard (Lawrence, Kyle)
March 8, 2022 Filing 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-4853319.) from Lake Superior Court, Cause No. 45D05-2103-CT-000230, filed by Menard, Inc., d/b/a Menard. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lawrence, Kyle)

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Plaintiff: Tammy Burgess
Represented By: Michael F McFarland
Represented By: Walter J Alvarez
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Defendant: Menard, Inc., d/b/a Menard
Represented By: Kyle B Lawrence
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Defendant: Menard Inc doing business as Menard
Represented By: Jennifer E Davis
Represented By: Kyle B Lawrence
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