Conlisk v. WalMart, Inc.
| John Conlisk and Walmart Inc |
| 4:2022cv00075 |
| September 30, 2022 |
| US District Court for the Northern District of Indiana |
| Andrew P Rodovich |
| Theresa L Springmann |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 30 STIPULATION to Dismiss by Defendant Walmart Inc. (Balog, James) |
| Filing 29 Case transferred in from District of Illinois Northern; Case Number 1:21-cv-04604. Original file certified copy of transfer order and docket sheet received. |
| CASE DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(1) (A)(ii) of the Federal Rules of Civil Procedure re #30 Stipulation to Dismiss. (rs) |
| Filing 28 TRANSFERRED to the Northern District of Indiana, Lafayette Division the Electronic Record. (jh, ) [Transferred from Illinois Northern on 9/30/2022.] |
Filing 27
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, Defendant Walmart's motion to dismiss is granted insofar and the Court concludes that it lacks personal jurisdiction over Walmart, and in the interests of justice, rather than dismiss the case, the case is transferred forthwith, 28 U.S.C. 1406(a), to the Northern District of Indiana, Lafayette Division. The status hearing of 10/21/ 2022 is vacated. Mailed notice (cn). [Transferred from Illinois Northern on 9/30/2022.]
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| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: The motion to dismiss or to transfer #10 remains pending. The tracking status hearing of 09/30/2022 is reset to 10/21/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 25 MINUTE entry before the Honorable Edmond E. Chang: The motion to dismiss or to transfer #10 remains under advisement, so the tracking status hearing of 08/26/2022 is reset to 09/30/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: The motion to dismiss or to transfer #10 remains under advisement. The tracking status hearing of 06/10/2022 is reset to 08/26/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 22, the Plaintiff is finishing answers to written discovery and medical records are being gathered. The parties may hold off on depositions until a decision on the motion to dismiss or to transfer #10 is issued. The tracking status hearing of 05/27/2022 is reset to 06/10/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 22 STATUS Report by WalMart, Inc. (Balog, James) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 21 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 20, the parties have subpoenaed medical records and are progressing on written discovery. The motion to dismiss or to Transfer #10 remains under advisement. The tracking status hearing of 04/22/2022 is reset to 05/27/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a discovery progress report by 05/20/2022. Emailed notice (mw, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 20 STATUS Report Joint by WalMart, Inc. (Balog, James) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 19 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 18, the parties made initial disclosures and exchanged the first-round of written discovery requests. The additional time to respond to the requests is granted, though technically not needed because the parties may agree to extensions of that type so long as the overall discovery deadline is not affected. Fed. R. Civ. P. 29(b). The motion to dismiss or to transfer #10 is under advisement. The tracking status hearing of 02/18/2022 is reset to 04/22/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a discovery progress report by 04/15/2022. Emailed notice (mw, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 18 STATUS Report Joint by WalMart, Inc. (Haskell, Kimberly) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 17 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 16, and the docket more generally, the motion to dismiss or to transfer #10 is now fully briefed and under advisement. Given the facial plausibility of the dismissal/transfer motion, the Court typically would pause the discovery. But neither side has asked to do that, and discovery would have to be taken whether in this forum or elsewhere. So, for now, the Court will allow discovery to move forward. The tracking status hearing of 12/17/2021 is reset to 02/18/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a discovery progress report by 02/11/2022. Emailed notice (mw, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 16 STATUS Report Joint by WalMart, Inc. (Haskell, Kimberly) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 15 REPLY by Defendant WalMart, Inc. to motion to dismiss/lack of jurisdiction #10 (Haskell, Kimberly) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 14 MEMORANDUM by John Conlisk in Opposition to motion to dismiss/lack of jurisdiction #10 (Kantas, Thomas) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: On the Defendant's motion to dismiss or to transfer, the Plaintiff's response is due by 11/24/2021. The defense reply is due by 12/03/2021. It does appear that neither specific personal jurisdiction nor venue applies here in this District. In any event, the tracking status hearing of 12/17/2021 remains in place. For future reference, under General Order 21-0027 (available on the District Court's website), Local Rule 5.3(b) is suspended, so motions should not be noticed for presentment. Mailed notice (cn). [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 12 NOTICE of Motion by James P. Balog for presentment of motion to dismiss/lack of jurisdiction #10 before Honorable Edmond E. Chang on 11/17/2021 at 08:30 AM. (Balog, James) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 11 MEMORANDUM by WalMart, Inc. in support of motion to dismiss/lack of jurisdiction #10 (Balog, James) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 10 MOTION by Defendant WalMart, Inc. to dismiss for lack of jurisdiction or improper venue or alternatively to transfer venue (Balog, James) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 9 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 8, the Court sets the following discovery schedule. Rule 26(a)(1) disclosures due 11/29/2021. The first round of written discovery requests must be issued by 11/29/2021, Fact discovery, including any treating health care providers (if any), must be completed by 05/31/2022. Rule 26(a)(2)(C) summaries for treating health care providers (if any) must be disclosed 75 days in advance of the fact discovery deadline, and adjusts with any general extension of fact discovery deadline. **No summary judgment motion may be filed before the close of fact discovery without prior authorization of the Court.** Rule 16(b) deadline to add parties or amend pleadings is 03/07/2022. The deadline to serve subpoenas is 03/21/2022, absent good cause (e.g., genuine surprise despite due diligence). If needed, the retained-expert schedule will be set later. The parties should promptly disclose and obtain medical records and information in order to kickstart settlement negotiations. The tracking status hearing of 11/05/2021 is reset to 12/17/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a discovery progress report by 12/08/2021, confirming that initial disclosures were made and the first-set of written discovery requests were issued. Emailed notice (mw, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 8 STATUS Report Joint Initial by WalMart, Inc. (Haskell, Kimberly) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang: The parties failed to file the status report due on 10/13/2021. R. 4. The parties shall file the status report no later than 10/27/2021. The tracking status hearing of 10/22/2021 is reset to 11/05/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 6 ATTORNEY Appearance for Defendant WalMart, Inc. by Kimberly Musick Haskell (Haskell, Kimberly) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 5 ATTORNEY Appearance for Defendant WalMart, Inc. by James P. Balog (Balog, James) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 4 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 10/22/2021 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 10/13/2021. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If Defendant has not been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 3 ATTORNEY Appearance for Plaintiff John Conlisk by Thomas A Kantas (Kantas, Thomas) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 2 CIVIL Cover Sheet (Kantas, Thomas) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 1 COMPLAINT filed by John Conlisk; jury demand. Filing fee $ 402, receipt number 0752-18613338.(Kantas, Thomas) [Transferred from Illinois Northern on 9/30/2022.] |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (jmk, ) [Transferred from Illinois Northern on 9/30/2022.] |
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| Defendant: John Conlisk | |
| Represented By: | Thomas A Kantas |
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| Defendant: Walmart Inc | |
| Represented By: | James P Balog |
| Represented By: | Kimberly Musick Haskell |
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