McGuire v. Wal-Mart Stores East, Limited Partnership
| Imogene McGuire |
| Wal-Mart Stores East, Limited Partnership |
| 0:2021cv00022 |
| February 10, 2021 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| Henry R Wilhoit |
| P.I.: Other |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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This docket was last retrieved on March 19, 2021. A more recent docket listing may be available from PACER.
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Filing 10
SCHEDULING ORDER: A: 1) Rule 26 Initial Disclosures due NLT 4/19/21; 2) Motions to Join/Amend due NLT 6/1/21 from Pla; 7/1/21 from Deft; 3) Rule 26 Expert Witness Disclosures due from Pla 12/1/21 and from Deft 2/1/22; 4) Fact Discovery due NLT 11/1/21; 5) Expert Discovery due NLT 4/1/22; 6) Status Report due 4/1/22; 7) Dispositive motions due 6/1/22; 8) copies of memoranda must be provided to Chambers w/i 48 hours of electronic filing. B: REFERRAL TO MAGISTRATE JUDGE FOR PRE-TRIAL AND DISCOVERY PROCEDURES: 1) this matter referred to Magistrate Judge Edward B. Atkins for discovery and pretrial matters; 2) Dispositive disputes shall be resolved as set out herein.. Signed by Judge David L. Bunning on 3/19/21.(JLS)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Bunning for review: #9 Report of Rule 26(f) Planning Meeting. (JLS) |
| Filing 9 JOINT REPORT of Rule 26(f) Planning Meeting. (Bertram, Catherine) Modified on 3/16/2021 to add filers (JLS). |
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Filing 8
ORDER: granting #7 Proposed Agreed Order. 1) Pla shall execute authorizations as requested; 2) deft shall provide pla the name, address and date of request for any person or entity to whom any document executed by pla is sent. Deft shall, upon the same date provide written notice to pla of the request; 3) copies of records obtained shall be sent to pla's counsel WITHIN 30 DAYS OF SAID RECORDS BEING RECEIVED BY COUNSEL FOR THE REQUESTING PARTY; 4) said authorization shall not be used by deft to engage in ex parte communications. It is understood and agreed that his order shall not be construed as a waiver to object to the admissibility of information contained therein into evidence. Signed by Judge David L. Bunning on 3/4/21. (JLS)cc: COR
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| Filing 7 Proposed Agreed Order Regarding Procurement of Records by Wal-Mart Stores East, Limited Partnership. (Bertram, Catherine) |
| ***FILE SUBMITTED TO CHAMBERS of Wilhoit for review: #7 Proposed Agreed Order Regarding Procurement of Records by Wal-Mart Stores East, Limited Partnership. (JLS) |
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Filing 6
ORDER FOR MEETING AND REPORT: (1) Within 21 days parties to meet; (2) Within 10 days after meeting parties to submit joint report containing items herein and whether the parties will consent to the jurisdiction of a Magistrate Judge (Atkins) for all further proceedings, including trial, pursuant to 28 U.S.C. 636(c). Consent forms are attached to this Order and forms signed by all parties counsel should be filed no later than the date counsels joint status report is due. If all parties, by counsel,so consent, the Clerk of Court shall reassign this matter to the appropriate Magistrate Judge without the necessity of further order of the Court. L.R. 73.1(c). Should parties find a joint report is not possible parties to file individual reports which the Court will entertain for purposes of setting out its Scheduling Order and other appropriate orders. Signed by Judge David L. Bunning on 2/19/21. (Attachments: #1 MJ Consent Form)(KSS)cc: COR
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Filing 4
ORDER : this action is hereby REASSIGNED to the Honorable David L. Bunning, Judge for the EDKY, for all further proceedings. Signed by Judge Henry R. Wilhoit, Jr on 2/11/21.(JLS)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Bunning for review: #4 Order Reassigning Case. (JLS) |
| Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Wal-Mart Stores East, Limited Partnership identifying Walmart, Inc., WSE Management, LLC, WSE Investment, LLC, Wal-Mart Stores East, LLC (f/k/a Wal-Mart Stores East, Inc.) as corporate parents or other affiliates (KSS) |
| Filing 1 NOTICE OF REMOVAL from Boyd Circuit Court, case number 20-CI-00876. ( Filing fee $402; receipt number 0643-4894868), filed by Wal-Mart Stores East, Limited Partnership. (Attachments: #1 Exhibit 1-State Court Complaint, #2 Exhibit 2-Affidavit of Counsel, #3 Exhibit 3-Req for Admissions, #4 Exhibit 4-Plf Resp to RFA, #5 Exhibit 5-State Court Record, #6 Memorandum in Support, #7 Civil Cover Sheet, #8 Supplemental Notice & Certificate, #9 Supplemental Notice of Removal)(KSS) |
| Conflict Check run. (KSS) |
| ANSWER to Complaint with Jury Demand by Wal-Mart Stores East, Limited Partnership. Attached as part of the State Court Record at DE #1 (KSS) |
| ***FILE SUBMITTED TO CHAMBERS of Wilhoit for jurisdictional review: #1 Notice of Removal by Wal-Mart Stores East, Limited Partnership (KSS) |
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| Plaintiff: Imogene McGuire | |
| Represented By: | Laura Jane Phelps |
| Represented By: | William H. Wilhoit |
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| Defendant: Wal-Mart Stores East, Limited Partnership | |
| Represented By: | Catherine Stivers Bertram |
| Represented By: | Christopher Rennie Cashen |
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