BUSH et al v. KROGER LIMITED PARTNERSHIP I
Plaintiff: MAJOR JOHN DOE and JASON BUSH
Defendant: KROGER LIMITED PARTNERSHIP I and JOHN DOE
Case Number: 1:2021cv00960
Filed: April 19, 2021
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tim A Baker
Referring Judge: Sarah Evans Barker
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2021 Opinion or Order Filing 16 SCHEDULING ORDER - Final Pretrial Conference set for 12/6/2022 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Jury Trial set for 12/19/2022 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. (CKM)
June 14, 2021 Filing 15 Corporate Disclosure Statement by KROGER LIMITED PARTNERSHIP I. (Zipes, Jeffrey)
June 9, 2021 Opinion or Order Filing 14 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 6/2/2021, for a Telephonic Initial Pretrial Conference. Dispositive Motions due by 4/1/2022. Discovery due by 2/1/2022. Status Conference set for 10/12/2021 10:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker on 6/9/2021.(SWM)
June 1, 2021 Opinion or Order Filing 13 ORDER - The Order to Show Cause dated 5/20/2021 [Dkt. 9] is hereby discharged. Signed by Judge Sarah Evans Barker on 6/1/2021.(marginal notation) (CKM)
June 1, 2021 Filing 12 CASE MANAGEMENT PLAN TENDERED, filed by Defendant KROGER LIMITED PARTNERSHIP I . (Zipes, Jeffrey)
May 25, 2021 Filing 10 NOTICE of Second Amended Notice of Removal, filed by Defendant KROGER LIMITED PARTNERSHIP I, re #9 Order to Show Cause. (Zipes, Jeffrey)
May 20, 2021 Opinion or Order Filing 9 *** DISCHARGE PER ORDER #13 *** ORDER TO SHOW CAUSE - The Court ORDERS Kroger to file a Second Amended Notice of Removal within seven (7) days of the date of this entry, which addresses the issues outlined in this Order by properly asserting a basis for diversity jurisdiction. This is Kroger's final opportunity to establish that the requirements of diversity jurisdiction are satisfied here. The failure to file a Second Amended Notice of Removal that properly invokes our subject matter jurisdiction and is consistent with the directives herein will result in a remand of this matter. Signed by Judge Sarah Evans Barker on 5/20/2021. (CKM) Modified on 6/2/2021 (CKM).
May 19, 2021 Filing 8 NOTICE of Parties' First Extension of Time re Responding to any written request for discovery or admission, filed by Plaintiff JASON BUSH. (Smid, Edward)
May 19, 2021 Filing 7 NOTICE Amended Notice of Removal, filed by Defendant KROGER LIMITED PARTNERSHIP I, re #1 Notice of Removal. (Zipes, Jeffrey)
May 10, 2021 Opinion or Order Filing 6 ORDER TO SHOW CAUSE - Plaintiff Jason Bush initiated this lawsuit in Marion Superior Court (Indiana) on March 17, 2021, charging Defendants Kroger Limited Partnership I ("Kroger") and John Doe with intentional infliction of emotional distress and assault. Kroger removed this action to our court on April 19, 2021, purportedly invoking our diversity jurisdiction. Because it appears that our court lacks subject matter jurisdiction to adjudicate the claims Plaintiff has presented, we direct Kroger to filed an Amended Notice of Removal properly alleging a basis for subject matter jurisdiction.the Court ORDERS Kroger to file an Amended Notice of Removal within fourteen (14) days of the date of this entry, which addresses the issues outlined in this Order by properly alleging a basis for diversity jurisdiction. Absent the filing of an Amended Notice of Removal, this action will be remanded. Signed by Judge Sarah Evans Barker on 5/10/2021. (CKM)
May 5, 2021 Opinion or Order Filing 5 SCHEDULING ORDER-TELEPHONIC Initial Pretrial Conference set for 6/2/2021 at 10:30 AM (Eastern) before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. Signed by Magistrate Judge Tim A. Baker on 5/5/2021.(CBU)
May 3, 2021 Filing 4 Defendant ANSWER to Complaint (Notice of Removal) with Jury Demand , filed by KROGER LIMITED PARTNERSHIP I.(Zipes, Jeffrey)
April 20, 2021 Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
April 19, 2021 Filing 2 NOTICE of Appearance by Jeffrey S. Zipes on behalf of Defendant KROGER LIMITED PARTNERSHIP I. (Zipes, Jeffrey)
April 19, 2021 Filing 1 NOTICE OF REMOVAL from Marion Superior Court #2, case number 49D02-2103-CT-009204, filed by KROGER LIMITED PARTNERSHIP I. (Filing fee $402, receipt number 0756-6518633) (Attachments: #1 State Court Record (E-Filing Appearance by Attorney in Civil Case, Complaint for Damages, Summons, E-Filing Appearance by Attorney in Civil Case, Motion for Extension of Time to Answer Plaintiff's Complaint for Damages, Joint Motion to Substitute and Amend Caption, Order, Order), #2 Civil Cover Sheet)(Zipes, Jeffrey)

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Defendant: KROGER LIMITED PARTNERSHIP I
Represented By: Jeffrey S. Zipes
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Defendant: JOHN DOE
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Plaintiff: MAJOR JOHN DOE
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Plaintiff: JASON BUSH
Represented By: Edward M. Smid
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