SMITH v. DANSONS US, LLC et al
| GARY SMITH |
| DANSONS US, LLC, WALMART, INC. and WAL-MART STORES EAST, LP |
| 4:2022cv00100 |
| August 2, 2022 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Personal Inj. Prod. Liability |
| Defendant |
Docket Report
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This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.
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Filing 17
The Honorable Sarah Evans Barker, Judge Entry for September 19, 2022: This cause is hereby ASSIGNED for trial by jury on Monday, October 23, 2023, at 9:30 a.m. in Room 200 of the United States Courthouse in New Albany, Indiana and for final pretrial conference on Tuesday, October 10, 2023, at 2:00 p.m. in Room 216 of the United States Courthouse in Indianapolis, Indiana. PLEASE NOTE THE INDIANAPOLIS LOCATION OF THE FINAL PRETRIAL CONFERENCE. See Order. Signed by Judge Sarah Evans Barker on 9/19/2022. (LF)
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| Filing 16 Amended Notice of Removal, filed by DANSONS US. (Attachments: #1 Exhibit A - pleadings)(Schultz, Thomas) Modified on 8/30/2022 to remove restriction level (LBT). |
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Filing 15
Order Regarding Discovery Disputes: Under Fed. R. Civ. P. 37(a)(1) and S.D. Ind. L.R. 37-1(a), counsel must confer in good faith to resolve a discovery dispute before involving the court in the dispute. If counsel have exhausted those efforts without resolving the dispute they must seek a discovery conference with the magistrate judge before the filing of a formal motion to compel or contested motion for protective order. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 8/29/2022.(LF)
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Filing 14
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED Dispositive Motions due by 9/1/2023. Discovery due by 7/31/2023. See Order. Signed by Magistrate Judge Debra McVicker Lynch on 8/29/2022.(LF)
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Filing 13
Entry and Order from Initial Pretrial Conference - The parties, by counsel, appeared for an initial pretrial conference on August 24, 2022, with the magistrate judge. The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan. This case is set for a telephone status conference on December 19, 2022, at 9:30 a.m. (Eastern), before the assigned magistrate judge. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch. (AKW)
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Filing 12
ORDER: Defendant Dansons US, LLC has removed this matter to this court on the basis of diversity jurisdiction. Defendant Wal-Mart Stores East, LP filed a corporate disclosure statement, explaining that it was incorrectly sued as "Walmart, Inc." and tracing its layers of partners for citizenship purposes. The Court ORDERS Defendant to file an Amended Notice of Removal within 14 days of the date of this entry, which addresses the issues outlined in this Order by properly alleging a basis for diversity jurisdiction. Plaintiff is reminded of his obligation to file a statement within thirty days of Defendant's filing of the Amended Notice of Removal pursuant to Local Rule 81-1. Additionally, Wal- Mart has indicated they were sued under the incorrect name. The court directs the Clerk's office to change the docket text from "Wal-Mart, Inc." to "Wal-Mart Stores East, LP." See Order for details. Signed by Judge Sarah Evans Barker on 8/25/2022. Copies mailed pursuant to the distribution list. (LF)
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| Filing 10 Joint CASE MANAGEMENT PLAN TENDERED, filed by Defendant WALMART, INC. . (Thornburg, Robert) |
| Filing 9 ANSWER to Complaint for Damages, filed by DANSONS US, LLC.(Schultz, Thomas) |
| Filing 8 Corporate Disclosure Statement by DANSONS US, LLC. (Schultz, Thomas) |
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Filing 7
Order Setting Initial Pretrial Conference: This case is assigned for an initial pretrial conference by telephone on August 24, 2022, at 1:30 p.m. (Eastern Time), before United States Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. No fewer than seven days before the IPTC, counsel must file a proposed CMP. See Order. Signed by Magistrate Judge Debra McVicker Lynch on 8-9-2022.(LF)
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| Filing 6 Defendant Walmart Inc.'s ANSWER to Complaint (Notice of Removal) with Jury Demand , filed by WALMART, INC..(Thornburg, Robert) |
| Filing 5 Jurisdictional Statement , re #1 Notice of Removal by WALMART, INC.. (Thornburg, Robert) |
| Filing 4 Corporate Disclosure Statement by WALMART, INC. 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 WALMART, INC... (Thornburg, Robert) |
| Filing 3 NOTICE of Appearance by Robert B. Thornburg on behalf of Defendant WALMART, INC.. (Thornburg, Robert) |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF) |
| Filing 1 NOTICE OF REMOVAL from Harrison, case number 31C01-2207-CT-16, filed by DANSONS US, LLC. (Filing fee $402, receipt number AINSDC-7216076) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet)(Schultz, Thomas) |
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