ATKINS v. KROGER COMPANY et al
| SHARRON ATKINS |
| OFFICER MATTHEW BROADNAX, CITY OF CARMEL, OFFICER WILLIAM GILBERT, SERGEANT BRETT KEITH and KROGER COMPANY |
| 1:2011cv00772 |
| June 8, 2011 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Jane Magnus-Stinson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
137
ORDER denying Deft's 128 Motion to Amend Answer to Add Non-Parties (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 3/28/2013. (SWM)
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Filing
122
ORDER granting in part and denying in part 35 Kroger's Motion for Summary Judgment - The motion is granted to the extent that the Court enters summary judgment in favor of Kroger on Ms. Atkins' negligent infliction of emotional dis tress claim, but denies Kroger's motion in all other respects. The Court requests that Magistrate Judge Dinsmore confer with the parties to obtain mutually available trial dates if the upcoming settlement conference is unsuccessful. **SEE ORDER**. Signed by Judge Jane Magnus-Stinson on 2/13/2013. (JKS)
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Filing
121
ORDER - Although Kroger has not shown that the Court can exercise diversity jurisdiction over Ms. Atkins' state-law claims against Kroger, the Court, in its discretion, will continue to exercise supplemental jurisdiction over those claims. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 2/4/2013. (JKS)
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Filing
114
ORDER TO SHOW CAUSE - Because of the uncertainties surrounding the citizenship of Ms. Atkins and Kroger and whether $75,000, exclusive of interest and costs, was at issue between these parties on the date this case was removed to federal cour t, the Court cannot determine that diversity jurisdiction is present over Ms. Atkins' remaining state-law claims. Accordingly, the parties are ORDERED to file a joint statement by January 17, 2013, detailing the citizenship of each party and whether the amount in controversy between them on the date of removal exceeded $75,000, exclusive of interest and costs, as well as a detailed basis for that assertion. If the parties cannot agree on the contents of a joint statement, they ar e ORDERED to file competing statements by that date. If the parties believe that the Court should continue to exercise supplemental jurisdiction over Ms. Atkins' state-law claims against Kroger, they are ORDERED to file a joint statement by J anuary 17, 2013, detailing their position and analyzing the values of judicial economy, convenience, fairness, and comity. If the parties cannot agree on the contents of a joint statement, they are ORDERED to file competing statements by that date. Signed by Judge Jane Magnus-Stinson on 1/3/2013. (JKS)
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Filing
113
ORDER - For the reasons explained herein, the Court GRANTS the Government Defendants' Motion for Summary Judgment. [Dkt. 46 .] The Court directs the Clerk to terminate the City of Carmel, Officer William Gilbert, Officer Matthew Broadnax, and Sergeant Brett Keith as parties to this action on the Court's docket. No partial final judgment will issue at this time. Signed by Judge Jane Magnus-Stinson on 1/2/2013. (JKS)
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