Martin v. Walgreens Company et al
| Lowell Martin |
| Walgreens Company and Unknown Pharmacist |
| 7:2019cv00122 |
| December 19, 2019 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Robert E Wier |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on February 27, 2020. A more recent docket listing may be available from PACER.
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Filing 15
RECOMMENDED DISPOSITION: IT IS RECOMMENDED that Martin's motion to remand #7 be DENIED. IT IS ORDERED the show-cause order #5 is DISCHARGED. Particularized objections to this Recommended Disposition must be filed within fourteen days. Signed by Magistrate Judge Edward B. Atkins on 2/11/2020. (RCB)cc: COR
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| NOTICE OF DOCKET MODIFICATION TO Earl McGuire re #14 Reply to Response to Motion; Error: attachments were insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (RCB) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #7 MOTION to Remand (RCB) |
| Filing 14 REPLY to Response to Motion re #7 MOTION to Remand filed by Lowell Martin. (Attachments: #1 Exhibit A - Pill bottles, #2 Exhibit B - Copy of Defendant's Response)(McGuire, Earl) Modified text on 2/4/2020 (RCB). |
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Filing 13
ORDER: 1. Defendant's Motions for Leave to File Late Responses #6 , #11 are GRANTED. 2. Plaintiff is DIRECTED to file a reply to Defendant's Motion in Opposition #12 NLT Tuesday, February 4, 2020. Signed by Magistrate Judge Edward B. Atkins on 1/29/2020. (RCB)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #11 MOTION for Leave to File by Walgreens Company late response (RCB) |
| Filing 12 RESPONSE in Opposition re #11 MOTION for Leave to File by Walgreens Company late response, #7 MOTION to Remand filed by Walgreens Company. (Attachments: #1 Exhibit A - Email re demand, #2 Exhibit Smith v. Kmart Corp., #3 Proposed Order Denying Plaintiff's Motion to Remand)(Sitlinger, Lee) Modified text on 1/28/2020 (RCB). |
| Filing 11 MOTION for Leave to File by Walgreens Company late response Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order permitting late filing of Response)(Sitlinger, Lee) |
| Filing 10 RESPONSE to #6 Motion to File Late Response filed by Lowell Martin. (McGuire, Earl) Modified text, create link on 1/27/2020 (RCB). |
| Filing 9 NOTICE OF FILING by Lowell Martin re #7 MOTION to Late File Response (Attachments: #1 Proposed Order)(McGuire, Earl) |
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Filing 8
ORDER: Plf moves to remand this case on grounds it lacks complete diversity of citizenship for purposes of diversity-based subject-matter jurisdiction. #7 . Court ORDERS Dfts to respond NLT Friday, January 24, 2020. Signed by Magistrate Judge Edward B. Atkins on 1/14/2020. (RCB)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #7 MOTION to Late File Response (RCB) |
| NOTICE RE: DOCUMENT CONVERSION REQUIREMENT AND NOTICE OF DEFICIENCY TO Earl McGuire re #7 MOTION to Late File Response; Error #1: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel as to Error 1. Error #2: attorney failed to submit a [proposed order] as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (RCB) |
| Filing 7 MOTION to Remand by Lowell Martin. Motions referred to Edward B. Atkins. (McGuire, Earl) Modified text on 1/14/2020 (RCB). (Additional attachment(s) added on 1/21/2020: #1 Proposed Order) (TDA). Modified per Chambers to Motion to Remand on 1/24/2020 (MRS). |
| Filing 6 MOTION for Leave by Walgreens Company to file Late Response Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Sitlinger, Lee) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #5 Order. No response filed by 12/27/19. (RCB) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #6 MOTION for Leave by Walgreens Company to file Late Response (RCB) |
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Filing 5
ORDER: Court ORDERS Defendants, by December 27, 2019, to clarify by proper amendment, 28 U.S.C. 1653, whether the amount in controversy in fact exists between parties. Signed by Magistrate Judge Edward B. Atkins on 12/20/2019. (RCB)cc: COR
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Filing 4
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (TDA) cc: COR
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| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT identifying Corporate Parent Walgreens Boots Alliance, Inc., Other Affiliate WBA by Walgreens Company. (TDA) |
| Filing 1 NOTICE OF REMOVAL from Floyd Circuit Court, case number 19-CI-797. (Filing fee $400; receipt number 0643-4550366), filed by Walgreens Company. (Attachments: #1 State Court Record Complaint, #2 State Court Record Answer, #3 State Court Record Notice of Filing Notice of Removal, #4 Civil Cover Sheet)(TDA) |
| ANSWER to Complaint (Notice of Removal) by Walgreens Company. State Court Pleading; See DE #1 for pdf (TDA) |
| Conflict Check run. (TDA) |
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