Walker v. CVS Pharmacy, Inc. et al
| Robert Walker |
| CVS Pharmacy, Inc., Kansas CVS Pharmacy, LLC and Diamond Contractors, Inc. |
| 2:2024cv02009 |
| January 9, 2024 |
| US District Court for the District of Kansas |
| Eric F Melgren |
| Angel D Mitchell |
| 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 March 8, 2024. A more recent docket listing may be available from PACER.
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Filing 29
ORDER granting #28 Parties' Joint Motion to Continue Scheduling Conference. To allow the newly served defendant to participate in the planning of this case, the new deadlines follow. Rule 26(f) meet and confer deadline: April 5, 2024; Rule 26(a)(1)(A) initial disclosure deadline: April 25, 2024 ; Submission of proposed scheduling order: April 25, 2024. The scheduling conference is reset for May 2, 2024, at 10:00 AM by telephone. Signed by Magistrate Judge Angel D. Mitchell on 3/8/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
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| Filing 28 MOTION to Continue Scheduling Conference by Plaintiff Robert Walker (referred to Magistrate Judge Angel D. Mitchell) (Brown, Sean) |
| Filing 27 SUMMONS RETURNED EXECUTED -- Certified Mail by Robert Walker upon Diamond Contractors, Inc. served on 3/4/2024, answer due 3/25/2024 (Brown, Sean) |
| Filing 26 Affirmative Defenses and ANSWER to #21 Amended Complaint by Kansas CVS Pharmacy, LLC.(Murphy, Patrick) Modified link on 2/23/2024 (msb). |
| Filing 25 Affirmative Defenses and ANSWER to #21 Amended Complaint by CVS Pharmacy, Inc..(Murphy, Patrick) Modified link on 2/23/2024 (msb). |
| DOCKET ANNOTATION: #22 , #23 & #24 Amended Complaint filed by Robert Walker were filed using the ECF event 'Amended Complaint' however the documents are not amended complaints but proposed summons which do not get filed. The entries have been blocked from public view. (msb) |
| Filing 24 (VIEW RESTRICTED - DISREGARD FILED IN ERROR) filed by Robert Walker.(Brown, Sean) Modified text and restriction on 2/22/2024 (msb). |
| Filing 23 (VIEW RESTRICTED - DISREGARD FILED IN ERROR) filed by Robert Walker.(Brown, Sean) Modified text and restriction on 2/22/2024 (msb). |
| Filing 22 (VIEW RESTRICTED - DISREGARD FILED IN ERROR) filed by Robert Walker.(Brown, Sean) Modified text and restriction on 2/22/2024 (msb). |
| SUMMONS ISSUED as to CVS Pharmacy, Inc., Diamond Contractors, Inc., Kansas CVS Pharmacy, LLC. (issued to Attorney for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac) |
| Filing 21 AMENDED COMPLAINT against CVS Pharmacy, Inc., Kansas CVS Pharmacy, LLC and Diamond Contractors, Inc. filed by Robert Walker.(Brown, Sean) |
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Filing 20
ORDER granting #19 Unopposed Motion for Leave to File First Amended Complaint. Plaintiff is directed to file his amended complaint as a separate docket entry by February 12, 2024, and to expeditiously proceed with serving the newly named defendant. Signed by Magistrate Judge Angel D. Mitchell on 2/8/2024. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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| Filing 19 UNOPPOSED MOTION for Leave to File First Amended Complaint re #1 Notice of Removal by Plaintiff Robert Walker. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Exhibit 1 - 1st Amended Petition, #2 Exhibit 2 - 1st Amended Petition Red Lined)(Brown, Sean) |
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Filing 18
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 3/28/2024 at 10:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 3/7/2024. Rule 26 Initial Disclosures Deadline set for 3/18/2024. Proposed Scheduling Order Deadline 3/18/2024. Signed by Magistrate Judge Angel D. Mitchell on 02/05/2024. (kmc)
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| NOTICE OF UNSEALING OF PROVISIONALLY SEALED DOCUMENT - Per D. Kan. 5.4.2(d) and at the direction of chambers, no motion to seal or redact was filed within 7 days of the filing of #13 PROVISIONALLY SEALED Document. The document has been unsealed and the clerk has removed the provisional designation from the entry. (sz) |
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Filing 17
ORDER: The court ordered defendant Kansas CVS Pharmacy, LLC ("defendant") to show cause why the court should not recommend that the district judge dismiss this case for lack of subject matter jurisdiction--namely, because defendant did not adequately plead complete diversity of citizenship between the parties. (ECF #8 .) Defendant has now responded to the order to show cause. (ECF #13 .) After reviewing the response, the court is satisfied that defendant has sufficiently alleged facts that the parties are completely diverse for subject matter jurisdiction purposes under 28 U.S.C. 1332. Signed by Magistrate Judge Angel D. Mitchell on 1/25/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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Filing 16
ORDER striking #15 Motion to File Response Under Seal. The court strikes the motion because it is brought under a repealed local rule and does not meet the requirements of current Rule 5.4.2(c). The court notes that under Rule 5.4.2(c), the burden is on a party who seeks to maintain a document under seal to file the motion and meet the standards for restricting public access to court records. In this instance, it appears that party would be the plaintiff--not defendant Kansas CVS Pharmacy, LLC. Signed by Magistrate Judge Angel D. Mitchell on 1/24/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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| Filing 15 (STRICKEN per 16) -- MOTION to Seal or Redact #13 Provisionally Sealed Response to Order to Show Cause by Defendant Kansas CVS Pharmacy, LLC. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Murphy, Patrick) Modified on 1/24/2024. (kmc) |
| Filing 14 NOTICE OF PROPOSED SEALED RECORD by Kansas CVS Pharmacy, LLC re #13 Response to #8 Notice and Order to Show Cause. (Murphy, Patrick) |
| Filing 13 RESPONSE to #8 Notice and Order to Show Cause by Defendant Kansas CVS Pharmacy, LLC. (Attachments: #1 Redacted Exhibit A, #2 Redacted Exhibit B, #3 Exhibit C) (Murphy, Patrick) Modified on 1/31/2024 to remove "Provisionally Sealed Document" from title per chambers; document has been unsealed. (sz) |
| Filing 12 DEMAND FOR TRIAL BY JURY by CVS Pharmacy, Inc. (Murphy, Patrick) |
| Filing 11 ANSWER and Affirmative Defenses to Complaint by CVS Pharmacy, Inc. (Murphy, Patrick) |
| Filing 10 DEMAND FOR TRIAL BY JURY by Kansas CVS Pharmacy, LLC. (Murphy, Patrick) |
| Filing 9 ANSWER and Affirmative Defenses to Complaint by Kansas CVS Pharmacy, LLC. (Murphy, Patrick) |
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Filing 8
NOTICE AND ORDER TO SHOW CAUSE. Show Cause Response due by 1/24/2024. Signed by Magistrate Judge Angel D. Mitchell on 1/10/2024. (sz)
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| Filing 7 CORPORATE DISCLOSURE STATEMENT by CVS Pharmacy, Inc. identifying CVS Health Corporation as corporate parent. (Murphy, Patrick) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Kansas CVS Pharmacy, LLC identifying None as corporate parent. (Murphy, Patrick) |
| Filing 5 STATE COURT RECORDS from District Court of Johnson County, Kansas. (Murphy, Patrick) |
| Filing 4 CERTIFICATE of Filing #1 Notice of Removal by Defendant Kansas CVS Pharmacy, LLC. (Murphy, Patrick) |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Defendant Kansas CVS Pharmacy, LLC - trial to be held in Kansas City. (Murphy, Patrick) |
| Filing 2 CIVIL COVER SHEET by Defendant Kansas CVS Pharmacy, LLC. (Murphy, Patrick) |
| Filing 1 NOTICE OF REMOVAL from District Court of Johnson County, Kansas, case number 23-CV-06289, trial location of Kansas City (Filing fee $405, Internet Payment Receipt Number AKSDC-6244657.), filed by Kansas CVS Pharmacy, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Murphy, Patrick) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Eric F. Melgren and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (nac) |
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