HYDE v. WAL-MART STORES EAST, LP
| NANCY HYDE |
| WALMART, INC., WAL-MART STORES INC., EAST, LP, WALMART NEIGHBORHOOD MARKET, #5804, WSE MANAGEMENT, LLC and WAL-MART STORES EAST, LP |
| 1:2023cv00360 |
| March 1, 2023 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| James R Sweeney |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 Witness List (Preliminary), filed by Defendant WAL-MART STORES EAST, LP, Exhibit List (Preliminary), filed by Defendant WAL-MART STORES EAST, LP. (Thornburg, Robert) |
| Filing 28 Wal-Mart Stores East, LP's ANSWER to #24 Amended Complaint Corrected Second, filed by WAL-MART STORES EAST, LP.(Thornburg, Robert) |
| Filing 27 Exhibit List and Witness List (Preliminary), filed by Plaintiff NANCY HYDE. (Hamilton, David) |
| Filing 26 NOTICE of Service of Initial Disclosures , filed by Plaintiff NANCY HYDE. (Hamilton, David) |
Filing 25
ORDER STRIKING DISCOVERY - Federal Rule of Civil Procedure 5(d)(1) and Local Rule 26-2 prohibit the filing of discovery materials except when filed in relation to a motion under Fed R. Civ P. 26(c) or 37, in anticipation of use at trial or on appeal, or in response to a court order. Instead, routine discovery must be served on opposing parties using a method described under Fed. R. Civ. P. 5(b)(2). On April 4, 2023, counsel for Plaintiff filed discovery responses in violation of these rules. [Dkt. 22 and 23.] The Court hereby STRIKES these filings, and the Clerk is directed to show Dkt. 22 and Dkt. 23 as stricken from the docket. Signed by Magistrate Judge Mark J. Dinsmore on 4/7/2023.(SWM)
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| Filing 24 AMENDED COMPLAINT Corrected Second Amended Complaint for Damages against WAL-MART STORES EAST, LP, filed by NANCY HYDE.(Hamilton, David) |
| Filing 23 *** STRICKEN PER DKT. NUMBER #25 *** RESPONSE to Discovery Request from Plaintiff Nancy Hyde, filed by Plaintiff NANCY HYDE. (Attachments: #1 Cover Letter)(Hamilton, David) Modified on 4/7/2023 (SWM). |
| Filing 22 *** STRICKEN PER DKT. NUMBER #25 *** ANSWER to Interrogatories from Plaintiff Nancy Hyde, filed by Plaintiff NANCY HYDE. (Attachments: #1 Cover Letter)(Hamilton, David) Modified on 4/7/2023 (SWM). |
| Filing 21 AMENDED COMPLAINT Second Amended Complaint for Damages against WAL-MART STORES EAST, LP, filed by NANCY HYDE.(Hamilton, David) |
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Filing 20
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 9/8/2023. Discovery due by 1/30/2024. Signed by Magistrate Judge Mark J. Dinsmore on 3/31/2023.(SWM)
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Filing 19
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 3/31/2023. Approved Case Management Plan with parties' agreed changes to be entered by separate order. Telephonic Status Conference set for 5/12/2023 at 3:30 PM (Eastern Time). Settlement Conference set for 8/24/2023 at 1:00 PM (Eastern Time) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 18
ORDER REGARDING PROTECTIVE ORDER. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 3/31/2023.(SWM)
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Filing 17
ORDER - The Court ORDERS Plaintiff to file a Second Amended Complaint by April 6, 2023, which addresses the issues outlined in this Order and the Court's previous order, [Filing No. #13 ]. Defendant is cautioned that, when it responds to the Second Amended Complaint, to the extent that it denies any of Plaintiff's jurisdictional allegations or states that it does not have sufficient information to respond to those allegations, the Court will require the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement confirming that all parties are in agreement with the underlying jurisdictional allegations before the litigation moves forward. (See Order.) Signed by Judge Jane Magnus-Stinson on 3/30/2023. (JSR)
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| Filing 16 ANSWER to #15 Amended Complaint, filed by WAL-MART STORES EAST, LP.(Thornburg, Robert) Modified on 3/31/2023 - Updated dkt. text (JSR). |
| Filing 15 AMENDED COMPLAINT FOR DAMAGES against WAL-MART STORES EAST, LP, filed by NANCY HYDE.(Hamilton, David) Modified on 3/30/2023 - Updated dkt. text (JSR). |
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Filing 13
ORDER - This matter is before the Court on Plaintiff's Agreed Motion to Amend Complaint by Interlineation and to Dismiss Certain Defendants. [Dkt. #11 ]. The Court, being duly advised, hereby GRANTS IN PART and DENIES IN PART the motion. Accordingly, consistent with the caption of this Order, the Clerk is directed to TERMINATE Walmart, Inc., Wal-Mart Stores, Inc., East, LP, Walmart Neighborhood Market, #5804, and WSE Management, LLC as defendants in this matter. The Clerk is further directed to ADD Defendant Wal-Mart Stores East, LP as the only properly named Defendant in this action, as well as UPDATE the short caption of this matter. On or before March 30, 2023, Plaintiff shall file an amended complaint that identifies only Wal-Mart Stores East, LP as the properly named Defendant in this action. Signed by Magistrate Judge Mark J. Dinsmore on 3/27/2023. (SWM)
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| Filing 12 Joint CASE MANAGEMENT PLAN TENDERED, filed by Defendants WAL-MART STORES INC., EAST, LP, WALMART NEIGHBORHOOD MARKET, #5804, WALMART, INC., WSE MANAGEMENT, LLC . (Thornburg, Robert) |
| Filing 11 MOTION to Amend/Correct (Agreed) Complaint by Interlineation and to Dismiss Certain Defendants, filed by Plaintiff NANCY HYDE. (Attachments: #1 Text of Proposed Order)(Hamilton, David) |
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Filing 10
SCHEDULING ORDER:Telephonic Initial Pretrial Conference set for 3/31/2023 01:30 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") on or before March 28, 2023. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional information). Signed by Magistrate Judge Mark J. Dinsmore on 3/15/2023.(SWM)
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| Filing 9 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (JSR) |
| Filing 8 NOTICE of Reassignment of Case to Judge Jane Magnus-Stinson. Judge James R. Sweeney II is no longer assigned to this case. Please include the new case number, 1:23-cv-360-JMS-MJD, on all future filings in this matter. (DJH) |
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Filing 7
ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge James R. Sweeney II on 03/02/2023. (SNB)
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| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 5 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) |
| Filing 4 AFFIDAVIT re #1 Notice of Removal by All Defendants. (Attachments: #1 Exhibit A: Notice of Filing Petition for Removal, #2 Exhibit B: Notice of Removal, #3 State Court Record : State Court Docket Sheet; Appearance on behalf of Plaintiff; Complaint for Damages; Summons to Walmart Inc., Walmart Stores Inc., East, LP, WSE Management, LLC, Walmart Neighborhood Market, #5804; Certificate of Issuance of Summons to Walmart Stores Inc., East, LP, WSE Management, LLC, Walmart Neighborhood Market, #5804, Walmart Inc., LP; Certified Returned from Walmart Stores Inc., East LP, Walmart Neighborhood Market #5804, Walmart, Inc., WSE Management, LLC; Appearance on behalf of Defendant; Answer to Plaintiff's Complaint, #4 Civil Cover Sheet)(Thornburg, Robert) |
| Filing 3 Rule 7.1 Disclosure Statement by WAL-MART STORES INC., EAST, LP, WALMART NEIGHBORHOOD MARKET, #5804, WALMART, INC., WSE MANAGEMENT, LLC identifying Corporate Parent WALMART, INC., Other Affiliate WSE MANAGEMENT, LLC, Other Affiliate WSE INVESTMENT, LLC, Other Affiliate WAL-MART STORES EAST, LP, Other Affiliate WAL-MART STORES EAST, LLC for WAL-MART STORES INC., EAST, LP, WALMART NEIGHBORHOOD MARKET, #5804, WALMART, INC., WSE MANAGEMENT, LLC.. (Thornburg, Robert) |
| Filing 2 NOTICE of Appearance by Robert B. Thornburg on behalf of Defendants WAL-MART STORES INC., EAST, LP, WALMART NEIGHBORHOOD MARKET, #5804, WALMART, INC., WSE MANAGEMENT, LLC. (Thornburg, Robert) |
| Filing 1 NOTICE OF REMOVAL from Marion County Superior Court 7, case number 49D07-2301-CT-002603, filed by All Defendants. (Filing fee $402, receipt number AINSDC-7525960) (Attachments: #1 Exhibit A: State Court Complaint, #2 State Court Record : State Court Docket Sheet; Appearance on behalf of Plaintiff; Complaint for Damages; Summons for Walmart Inc., Walmart Stores Inc., East, LP, WSE Management, LLC, Walmart Neighborhood Market, #5804, Certificate of Issuance of Summons for: Walmart Stores Inc., East, LP, WSE Management, LLC, Walmart Neighborhood Market, #5804, Walmart Inc. L.P.; Certified Mail Returned for Walmart Stores Inc., East LP, Walmart Neighborhood Market #5804, Walmart, Inc., WSE Management, LLC; Appearance on behalf of Defendant; Defendants' Answer to Complaint, #3 Civil Cover Sheet)(Thornburg, Robert) |
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