BIBBY et al v. SAM'S EAST, INC.
| KATHY BIBBY and DAVID BIBBY |
| SAM'S EAST, INC. d/b/a Sam's Club |
| 1:2023cv00759 |
| May 4, 2023 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Tanya Walton Pratt |
| P.I.: Other |
| 28 U.S.C. ยง 1446 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 Transfer Letter to the Clerk of the Marion County Court. Copies of case documents and docket enclosed. (SWM) |
Filing 14
CLOSED REMANDED to Marion County Superior Court - Parties appeared by counsel June 6, 2023, for an initial pretrial conference. Discussion held regarding Plaintiffs' motion to remand. [Filing No. #9 ]. Defendant consented to remand. Accordingly, Plaintiffs' motion to remand is granted and this cause is remanded to the Marion Superior Court. The Clerk shall send a certified copy of this order to the Marion County Clerk pursuant to 28 U.S.C. 1447(d). Signed by Magistrate Judge Tim A. Baker on 6/6/2023.(SWM)
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Filing 13
ORDER OF REFERENCE - Within their Case Management Plan, the parties have indicated their consent to the exercise of jurisdiction by a United States Magistrate Judge. (Filing No. #12 at 5). It is, therefore, ORDERED that this case be referred to the currently assigned United States Magistrate Judge, The Honorable Tim A. Baker, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. PLEASE USE CASE NO. 1:23-cv-759-TAB-TWP ON ALL FUTURE FILINGS WITH THIS COURT. Signed by Judge Tanya Walton Pratt on 6/5/2023.(KAA)
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| Filing 12 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs DAVID BIBBY, KATHY BIBBY . (Swafford, Laura) |
| Filing 11 NOTICE of Appearance by Stephanie Lynn Cassman on behalf of Plaintiffs DAVID BIBBY, KATHY BIBBY. (Cassman, Stephanie) |
| Filing 10 Rule 7.1 Disclosure Statement by DAVID BIBBY, KATHY BIBBY. (Swafford, Laura) |
| Filing 9 MOTION to Remand , filed by Plaintiffs DAVID BIBBY, KATHY BIBBY. (Attachments: #1 Text of Proposed Order)(Swafford, Laura) |
| Filing 8 NOTICE of Appearance by Laura Walker Swafford on behalf of Plaintiffs DAVID BIBBY, KATHY BIBBY. (Swafford, Laura) |
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Filing 7
ORDER SETTING INITIAL PRETRIAL CONFERENCE - This case is assigned for an initial pretrial conference before United States Magistrate Judge Tim A. Baker on June 6, 2023, at 2 p.m. in Room 234, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. **SEE ORDER**(MGG)
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| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LF) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF) |
| Filing 4 AFFIDAVIT re #1 Notice of Removal (Declaration of Service of Notice to All Adverse Parties and to the State Court Clerk) by SAM'S EAST, INC.. (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 Plaintiffs; Complaint for Damages; Summons; Appearance on behalf of Defendant; Defendant's Answer to Plaintiffs' Complaint for Damages; Notice of Change of Firm Address; Appearance of Laura W. Swafford, #4 Civil Cover Sheet)(Thornburg, Robert) |
| Filing 3 Rule 7.1 Disclosure Statement by SAM'S EAST, INC. identifying Corporate Parent WALMART INC., Other Affiliate Sam's West, Inc. for SAM'S EAST, INC... (Thornburg, Robert) |
| Filing 2 NOTICE of Appearance by Robert B. Thornburg on behalf of Defendant SAM'S EAST, INC.. (Thornburg, Robert) |
| Filing 1 NOTICE OF REMOVAL from Marion County Superior Court, case number 49D02-2211-CT-039535, filed by SAM'S EAST, INC.. (Filing fee $402, receipt number AINSDC-7619560) (Attachments: #1 Exhibit A: State Court Complaint, #2 State Court Record : State Court Docket Sheet; Appearance on behalf of Plaintiffs; Complaint for Damages; Summons; Appearance on behalf of Defendant; Defendant's Answer to Plaintiffs' Complaint for Damages; Notice of Change of Firm Address; Appearance of Laura W. Swafford, #3 Civil Cover Sheet)(Thornburg, Robert) |
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