Barath v. Walmart Stores East, Limited Partnership et al
| Sherri Barath |
| Walmart Stores East, Limited Partnership and Shields Facilities Maintenance, LLC |
| 7:2024cv00004 |
| January 11, 2024 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Karen K Caldwell |
| 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.
| Document Text |
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| Filing 19 NOTICE by Sherri Barath Notice of Service of Plaintiff's Initial Rule 26(a)(1) Disclosures (Cahill, Preston) |
| Filing 18 NOTICE OF FILING by Shields Facilities Maintenance, LLC Initial Disclosures (Watts, Katherine) |
| Filing 17 INITIAL DISCLOSURES by Walmart Stores East, Limited Partnership.(Davis, Michael) |
| Filing 16 RESPONSE to Motion re #8 MOTION for Leave to File Amended Complaint filed by Walmart Stores East, Limited Partnership. (Attachments: #1 Proposed Order)(Davis, Michael) |
Filing 15
VIRTUAL ORDER: Granting #14 MOTION to Withdraw as Attorney and NOTICE of Substitution of Counsel by Walmart Stores East, Limited Partnership. Signed by Magistrate Judge Edward B. Atkins on 3/4/2024. Attorney Jennifer Kincaid Adams terminated. (RCB)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re #8 MOTION for Leave to File Amended Complaint (RCB) |
| Filing 14 MOTION to Withdraw as Attorney and NOTICE of Substitution of Counsel by Walmart Stores East, Limited Partnership. Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Davis, Michael) Modified text on 3/1/2024 (RCB). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #14 MOTION to Withdraw as Attorney and NOTICE of Substitution of Counsel by Walmart Stores East, Limited Partnership (RCB) |
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Filing 13
PRETRIAL ORDER: 1. NLT 21 days before PTC, counsel shall file the following: see a-f. 2. NLT 14 days before PTC, parties file: see a-c. 3. At PTC, counsel for parties be prepared to: see a-e. 4. PTC shall be attended by all attorneys who will be trying case. Signed by Judge Karen K. Caldwell on 2/14/2024. (RCB) cc: COR
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Filing 12
SCHEDULING ORDER: 1. (a) parties shall information required by Rule 26(a)(1) by March 8, 2024. (b) parties have TO July 31, 2024 to file any motions to join additional parties or amend pleadings. (c) Supp by Rule 26(e). (d) Rule 26(a)(2) reports from expert trial witnesses: (i) Plf by September 30, 2024; (ii) Dft by December 31, 2024; (e) All fact discovery by September 30, 2024. All expert discovery by December 14, 2025. (f) All dispositive and any Daubert motions NLT March 14, 2025 with response and reply time as per Local Rule 7.1(c)(1) and (2). 2. Motion to Compel, confer as directed by FRCP 37(a)(2)(A). 3. By FRCP 5(d), parties observe directives re filing discovery materials. See items a-b. 4. No extensions of deadlines unless motion filed prior to expiration, and showing of good cause. TELEPHONIC PRETRIAL CONFERENCE before trial judge on September 10, 2025 at 2:00 p.m., at Lexington, Ky. Court will e-mail COR call info one week prior to PTC. TRIAL BY JURY on September 29, 2025 at 9:00 a.m in Pikeville, Ky. Counsel present by 8:30 a.m. The anticipated length of trial is 3 days. IT IS FURTHER ORDERED this matter is referred to Magistrate Judge for purposes of managing all discovery and pretrial scheduling issues, including resolving all discovery disputes and revising any dates and deadlines established in Court's Scheduling Order, except for dispositive motion deadline. With regard to discovery disputes, parties attempt to resolve themselves. If unable, attempt with magistrate judge by telephone. If still unsatisfied, party file written motion to compel. Any objections to magistrate judge's ruling must be filed w/in 14 days of ruling. Signed by Judge Karen K. Caldwell on 2/14/2024. (RCB)cc: COR,LexCD
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Filing 11
AGREED PROTECTIVE ORDER: re #10 restrictions and procedures that apply to all documents, materials, testimony, discovery responses, and any other information which may be produced or given by any party that are designated as confidential. See 1-13. Signed by Judge Karen K. Caldwell on 2/14/2024. (RCB)cc: COR
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| Filing 10 Proposed Agreed Order Proposed Agreed Protective Order by Walmart Stores East, Limited Partnership. (Adams, Jennifer) |
| Filing 9 JOINT REPORT of Rule 26(f) Planning Meeting. (Adams, Jennifer) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #9 Joint Report of Rule 26(f) Planning Meeting (RCB) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #10 Proposed Agreed Order Proposed Agreed Protective Order by Walmart Stores East, Limited Partnership (RCB) |
| Filing 8 MOTION for Leave to File Amended Complaint by Sherri Barath Plaintiff's Motion for Leave to File Amended Complaint (Attachments: #1 Proposed Order)(Cahill, Preston) Modified event, text on 2/9/2024 (RCB). (Additional attachment(s) added on 2/9/2024: #2 Exhibit A - Tendered Amended Complaint) (RCB). |
| NOTICE OF DOCKET MODIFICATION TO Preston Cahill re #8 MOTION for Leave to File Amended Complaint; Error #1: the incorrect [event] motion relief "to Amend/Correct" was selected. Entry by Attorney; Clerk re-defined the document as a Motion for Leave to File. No further action required by counsel. Error #2: Exhibits were filed together with the motion instead of as separate attachments. Entry by attorney; Clerk added the exhibits as separate attachments. In the future, file each exhibit separately from one another and separate from the main document. No further action required by counsel. cc: COR (RCB) |
| Filing 7 ANSWER to Complaint by Shields Facilities Maintenance, LLC.(Watts, Katherine) |
| Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by Shields Facilities Maintenance, LLC. (Watts, Katherine) Modified text on 1/19/2024 (TDA). |
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Filing 5
ORDER FOR MEETING AND REPORT: 1. Within 21 days, counsel for parties shall conduct meeting required by FRCP 26(f) to discuss nature and basis of their claims and defenses and possibilities for a prompt settlement or resolution of the case; to make or arrange for the disclosures required by Rule 26(a)(1); and to develop a proposed discovery plan. 2. NLT 14 days after meeting, counsel shall file a written joint report containing: see items a-h. Signed by Judge Karen K. Caldwell on 1/18/2024. (TDA)cc: COR
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| Filing 4 ANSWER to Complaint with Jury Demand Answer of Defendant Walmart by Walmart Stores East, Limited Partnership.(Adams, Jennifer) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Walmart Stores East, Limited Partnership (RCB) |
| Filing 1 NOTICE OF REMOVAL from Pike Circuit Court, case number 23-CI-1092, filed by Walmart Stores East, Limited Partnership. ( Filing fee $405; receipt number AKYEDC-5740033) (Attachments: #1 Exhibit A - Kentucky Secretary of State Info, #2 Exhibit B - Email Correspondence, #3 Exhibit C - State Court Record, #4 Civil Cover Sheet)(RCB) |
| Conflict Check run. (RCB) |
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