Elswick v. Wal-Mart, Inc. et al
| Charlotte Elswick |
| Wal-Mart, Inc., Walmart #739 and Wal-Mart Stores East, Limited Partnership |
| 6:2019cv00127 |
| May 23, 2019 |
| US District Court for the Eastern District of Kentucky |
| Claria Horn Boom |
| Karen K Caldwell |
| Hanly A Ingram |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on July 17, 2019. A more recent docket listing may be available from PACER.
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| Filing 13 NOTICE of Settlement Notice of Resolution of Claims by Wal-Mart Stores East, Limited Partnership (Hardesty, John) |
| ***FILE SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: #13 Notice of Settlement (MRS) |
| Filing 12 INITIAL DISCLOSURES by Charlotte Elswick.(Rowan, Kelly) |
Filing 11
UNREDACTED ORDER re #10 Order, Set Hearings, cc: service electronically to ECF COR. COUNSEL OF RECORD ARE DIRECTED TO LOG-IN TO CM/ECF TO VIEW THE DOCUMENT. Signed by Magistrate Judge Hanly A. Ingram on 06/27/2019.(KJA)cc: COR
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Filing 10
REDACTED ORDER: The Court HEREBY ORDERS that a TELECONFERENCE SHALL occur on 10/28/2019 at 11:00 AM before Magistrate Judge Hanly A. Ingram to discuss the progress of discovery. The call will be off the record and for counsel only. To join the teleconference, the parties are DIRECTED to follow call-in information on the unredacted Order. The Clerk is DIRECTED ot make the unredacted Order accessible to counsel of recod electronically, and docket ONLY the redacted Order. re #8 Scheduling Order. Signed by Magistrate Judge Hanly A. Ingram on 06/27/2019.(KJA)cc: COR, London Diary
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Filing 9
PRETRIAL ORDER: (1) NLT 21 days before PT Conference counsel shall file the following: (a) file witness & exhibit lists; (b) motions in limine; (c) transcript of evidentiary depos; (d) pretrial memo; (e) tender proposed agreed jury instructions; (f) tender proposed voir dire; (2) NLT 14 days prior to final PTC, (a) file obj to list of witnesses/exhibits; (b) responses to any other party's motion in limine; and (c) responses to any other party's motion for ruling on any obj made in an evidentiary depo; (3) at final PTC, (a) counsel prepared to discuss stipulations; (b) disclose demonstrative or summary exhibits; (c) display all exhibits, premarked; (d) discuss the possibilty of settlement; (e) advise of technological issues; (4) Final PTC attended by attorneys trying case w/ parties and/or representatives. Signed by Judge Karen K. Caldwell on 06/26/2019.(KJA)cc: COR
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Filing 8
SCHEDULING ORDER: 1) The following ddlns shall be observed: (a) Parties shall exchange info required by Rule 26(a)(1) by 7/12/19. These do not need to be filed in the record; (b) Mtns to join parties/amend pleadings by 9/30/19; (c) Supplementation as required by Rule 26(e) but nlt 6/1/20. Not filed in the Court record; (d) Rule 26(a)(2) reports from expert trial witnesses due: (i) Pla by 2/14/20; (ii) Dft by 4/15/20; (e) ALL discovery by 6/15/20; (f) Dispositive mtns NLT 8/3/20, with response and reply time per Local Rule. 2) No mtns to compel, or other mtns relating to discovery dispute, shall be filed unless all counsel have first conferred as directed. 3) (a) Discovery not filed; (b) Discovery depos cited in mtn or used at trial shall be filed. 4) No extensions of ddlns granted unless appropriate mtn filed. 5) TELEPHONIC PRETRIAL CONFERENCE set for 1/13/21 at 10:30 a.m. 6. JURY TRIAL set for 2/8/21 at 1:00 p.m. in LONDON before Judge Karen K. Caldwell. Counsel present by 12:30 p.m. Anticipated length 3 days. 7. This matter is referred to Magistrate Judge Hanly A. Ingram for managing discovery, conducting settlement conference. Discovery disputes resolved as set forth in the Order. Signed by Judge Karen K. Caldwell on 06/26/2019.(KJA)cc: COR, London Diary, Jury Clerk, Lexington Clerk. Modified text on 6/26/2019 (KJA).
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| ***FILE SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: #7 Joint Report of Rule 26(f) Planning Meeting (RBB) |
| Filing 7 JOINT REPORT of Rule 26(f) Planning Meeting. (Hardesty, John) |
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Filing 6
ORDER FOR MEETING AND REPORT: Pursuant to Rules 16 and 26, Fed. R. Civ. P., the court hereby ORDERS: (1) that within (21) days from the date of service of this Order, the parties, by counsel, shall meet, to discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Federal Rule of Civil Procedure 26(a)(1) and to develop a proposed discovery plan. (2) that within ten (10) days after the meeting the parties shall file a joint status report. Counsel may utilize Form 52, Fed. R. Civ. P. (App.) as the form of the joint status report. Signed by Judge Karen K. Caldwell on 05/30/2019.(KJA)cc: COR
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Filing 4
ORDER: Upon review of this matter, pursuant to 28 U.S.C. 455, the Court must conclude that recusal in this matter is required. For this reason, IT IS HEREBY ORDERED that Judge Claria Horn Boom RECUSES from this matter. The Court hereby DIRECTS the Clerk of Court to reassign the case by random draw to another Judge accepting cases on the London docket pursuant to the General Order governing case assignment., ORDER REASSIGNING CASE. Case reassigned to Judge Karen K. Caldwell for all further proceedings. Judge Claria Horn Boom no longer assigned to case. Signed by Judge Claria Horn Boom on 5/29/2019.(RBB)cc: COR
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| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Wal-Mart Stores East, Limited Partnership identifying Corporate Parent WSE Management, LLC, Corporate Parent Walmart, Inc, Corporate Parent Wal-Mart Stores East, LLC, Other Affiliate WSE Investment, LLC for Wal-Mart Stores East, Limited Partnership.. (SYD) |
| Filing 1 NOTICE OF REMOVAL from Bell Circuit Court, case number 19-CI-131, filed by Wal-Mart Stores East, Limited Partnership.( Filing fee $400; receipt number 0643-4366706) (Attachments: #1 State Court Record, #2 Civil Cover Sheet)(SYD) |
| ANSWER to Complaint (Notice of Removal) by Wal-Mart Stores East, Limited Partnership, Wal-Mart, Inc., Walmart #739. Attached to the NOR as part of the State Court Record(SYD) |
| AGREED ORDER OF SUBSTITUTION (Bell Circuit Court, 19-CI-131) by Wal-Mart Stores East, Limited Partnership, Wal-Mart, Inc., Walmart #739 : All claims made against Walmart Inc. and Walmart #739 in the Plaintiffs Complaint shall be deemed to have been made against Walmart Stores East, L.P. and all defenses contained in the Answer to the complaint on behalf of Walmart Inc. and Walmart #739 shall be deemed to have been made by Walmart Stores East, L.P. All of Plaintiffs claims against Walmart, Inc. and Walmart #739 are hereby dismissed without prejudice.Pl's claims against Walmart Stores East, L.P. remain. Attached to the NOR as part of the State Court Record (SYD) |
| Conflict Check run. (SYD) |
| Party Wal-Mart, Inc. and Walmart #739 terminated. (SYD) |
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