Decker v. Menard, Inc. et al
| Paul Decker |
| Menard, Inc. and Snow Be Gone |
| Galen Bradley |
| 2:2022cv00142 |
| May 19, 2022 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on August 17, 2022. A more recent docket listing may be available from PACER.
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Filing 21
OPINION AND ORDER: The Court ORDERS Defendant Menard to file a statement by 8/4/2022, indicating its position, along with any supporting argument, as to whether the Court retains subject matter jurisdiction over the amended complaint, keeping in mind the legal principles discussed above. Plaintiff may file a supplemental stating his position on whether a remand is required in light of the information provided in Defendant Menards statement by 8/11/2022. Signed by Magistrate Judge Joshua P Kolar on 7/14/2022. (rmf)
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Filing 20
Summons Issued as to Snow Be Gone. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (nae)
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Filing 19
Proposed Summons filed by Paul Decker. (Escue, Duke)
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Filing 18
AMENDED COMPLAINT Amended Complaint for Damages and Jury Demand against Menard, Inc and Snow Be Gone, filed by Paul Decker.(Escue, Duke) Modified on 7/15/2022 to correct docket text (nae).
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Filing 17
TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 7/7/2022, before Magistrate Judge Joshua P Kolar. Pla appeared by atty Duke Escue. Dft appeared by atty Anthony Tavitas. The Report filed as DE #13 is ADOPTED as follows: Initial Disclosures to be exchanged by 9/1/2022. Fact discovery to be completed by 1/31/2023. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 5/1/2023. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 6/1/2023. Rule 26(e) supplements due by 7/1/2023. All discovery to be completed by 7/15/2023. The last date to seek leave of court to join additional parties and to amend the pleadings for Pltf is 2/2/2023; for Dft is 9/1/2022. Parties anticipate the case should be ready for a 3 day jury trial by August 1, 2023. Galen Bradley appointed as mediator. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference. Telephonic Status Conference set for 7/13/2023 10:00 AM (Central time) 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. If after the filing of an amended complaint additional joined parties see a need to amend the deadlines, the Court will set a status conference or parties may file a joint motion. (Tape #ATT HOST 1.) (tc)
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Filing 16
ORDER: By agreement of the parties, the Motion to Amend #15 is GRANTED. Plaintiff is DIRECTED to file the proposed amended complaint forthwith. Approved by Magistrate Judge Joshua P Kolar on 7/6/2022. Text entry order. (tc)
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Filing 15
MOTION to Amend/Correct by Plaintiff Paul Decker. (Attachments: #1 Exhibit)(Escue, Duke)
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Filing 14
NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE: The parties having consented pursuant to 28 U.S.C. Section 636(c) (REPORT of Rule 26(f) Planning Meeting #13 ), this case is referred to Magistrate Judge Joshua P Kolar for all purposes and is reassigned pursuant to General Order 2018-2 from Judge Philip P Simon to Magistrate Judge Joshua P Kolar. (shk)
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Filing 13
REPORT of Rule 26(f) Planning Meeting. (Tavitas, Anthony)
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Filing 12
Amended ANSWER to Complaint by Menard, Inc..(Tavitas, Anthony)
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Filing 11
MINUTE ORDER: N.D. Ind. L.R. 10-1 requires responsive pleadings to restate verbatim the paragraphs from the pleading to which they respond, and, immediately following each restated paragraph, to state the response to that paragraph. The Court STRIKES Defendant's Answer to Complaint #10 , and GRANTS LEAVE for Defendant to file an amended answer that complies with the local rule by 7/5/22. Approved by Magistrate Judge Joshua P Kolar on 6/28/2022. Text entry order. (tc)
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Filing 10
STRICKEN RE 11 MINUTE ORDER: Defendant's ANSWER to Complaint by Menard, Inc..(Tavitas, Anthony) Modified on 6/28/2022 (tc).
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Filing 9
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (tc)
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Filing 8
ORDER: Telephonic Rule 16 Preliminary Pretrial Conference set for 7/7/2022 09:30 AM (Central time) 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 6/24/2022. (tc)
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Filing 7
NOTICE by Menard, Inc. OF REMOVAL PURSUANT TO 28 U.S.C. 1446(b) (Attachments: #1 Exhibit Exhibit "A", #2 Exhibit Exhibit "B")(Tavitas, Anthony)
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Filing 6
OPINION AND ORDER: The Court ORDERS Defendant to FILE, on or before 06/16/2022 a supplemental jurisdictional statement that properly alleges diversity jurisdiction over the state court complaint. Signed by Magistrate Judge Joshua P Kolar on 05/26/2022. (jdb)
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Filing 5
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 5/23/2022. (tc)
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Filing 3
NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-4924489.) from Porter Superior Court, Cause No. 64D05-2203-CT-002748, filed by Menard, Inc..(Tavitas, Anthony)
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**NEW CASE** Judge Philip P Simon and Magistrate Judge Joshua P Kolar added. (mlc)
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Filing 2
NOTICE by Menard, Inc. Notice of Removal (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Tavitas, Anthony)
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Filing 1
NOTICE of Appearance by Anthony F Tavitas on behalf of Menard, Inc. (Tavitas, Anthony)
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