Burgie v. Walmart Inc. et al
Plaintiff: Josh Burgie
Defendant: Walmart Inc. and Wal-Mart Stores East, Limited Partnership
Case Number: 5:2020cv00119
Filed: July 16, 2020
Court: US District Court for the Western District of Kentucky
Presiding Judge: Lanny King
Referring Judge: Thomas B Russell
2 Judge: Greg N Stivers
Nature of Suit: P.I.: Other
Cause of Action: 28:1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 2, 2020 Opinion or Order Filing 15 SCHEDULING ORDER for proceedings held before Magistrate Judge Lanny King: Telephonic Status Conference held on 8/31/2020. Amended Pleadings due by 12/17/2020. Daubert Motion due by 2/1/2022. Dispositive Motions due by 2/1/2022. Expert Discovery due by 12/16/2021. Expert Witness (Defendant) due by 9/2/2021. Expert Witness (Plaintiff) due by 6/17/2021. Fact Discovery due by 5/20/2021. Joinder of Parties due by 12/17/2020. Rule 26(a)(1) Disclosure due by 8/31/2020. Telephonic Status Conference set for 12/14/2020 at 10:00 AM before Magistrate Judge Lanny King. Counsel for the parties may connect to the telephonic status conference by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. cc: Counsel of Record (MNM)
August 24, 2020 Filing 14 REPORT of Rule 26(f) Planning Meeting by Wal-Mart Stores East, Limited Partnership. (Sharpe, Felix)
August 14, 2020 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Lanny King on 8/13/2020 granting #7 Motion to Withdraw. Attorney Christopher S. Zelli shall be terminated as a counsel of record. cc: Counsel of Record(MNM)
August 6, 2020 Filing 12 RULE 26 INITIAL DISCLOSURE STATEMENT by Josh Burgie. (Marley, Lauren)
July 23, 2020 Filing 11 NOTICE of Filing by Wal-Mart Stores East, Limited Partnership re #1 Notice of Removal, (Attachments: #1 Exhibit 3- RFA to Plaintiff-redacted, #2 Exhibit 5-State Court file-redacted, #3 Exhibit Civil cover sheet-redacted) (Sharpe, Felix)
July 21, 2020 Opinion or Order Filing 10 ORDER by Chief Judge Greg N. Stivers on 7/21/2020. Rule 26 Meeting Report due by 8/24/2020. Telephonic Scheduling Conference set for 8/31/2020 at 2:30 PM before Magistrate Judge Lanny King.cc:counsel, CM-King (KJA)
July 21, 2020 Opinion or Order Filing 9 TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 7/21/2020; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Lanny King, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge King is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record ; Judge King's Chambers (TJD)
July 21, 2020 Opinion or Order Filing 8 TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 7/21/2020.The Defendant Wal-Mart Stores East, Limited Partnership filed documents (DN 1-4, 1-6, and 1-7) which contain the full name of an individual who is identified as a minor. Pursuant to Rule 5.2(a) of the Federal Rules of Civil Procedure, an electronic or paper filing with the court that contains the name of an individual known to be a minor may include only the minor's initials. See Fed. R. Civ. P. 5.2(a)(3). Accordingly, the Clerk of Court is DIRECTED to SEAL DN 1-4, 1-6, and 1-7. IT IS ORDERED that within 7 days of the entry date of this Order the Defendant Wal-Mart Stores East, Limited Partnership shall file a redacted version of the document that includes a cover page entitled Notice of Filing and links this document to the originally filed document. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD)
July 21, 2020 Filing 7 MOTION to Withdraw by Defendant Wal-Mart Stores East, Limited Partnership (Attachments: #1 Proposed Order to Motion to Withdraw) (Sharpe, Felix)
July 20, 2020 Filing 6 ATTORNEY NOTICE of Deficiency to Christopher Zelli re #1 Notice of Removal.Reason for Deficiency: motion to appear pro hac vice or attorney admission not filed. Failure to comply will be brought to the attention of the Court. Response due by 8/6/2020. (KJA)
July 17, 2020 Opinion or Order Filing 5 ORDER REASSIGNING CASE. Case reassigned to Chief Judge Greg N. Stivers for all further proceedings. Senior Judge Thomas B. Russell no longer assigned to case. cc:counsel (KJA)
July 16, 2020 Filing 4 CLERK'S NOTICE re #1 Notice of Removal. cc: Counsel of Record, Graves Circuit Court (MNM)
July 16, 2020 ANSWER to Complaint with Jury Demand previously filed in state court action by Wal-Mart Stores East, Limited Partnership and Walmart Inc. (MNM)
July 16, 2020 Filing 3 Corporate Disclosure Statement identifying Other Affiliate WSE Management, LLC, and Other Affiliate WSE Investment, LLC for Wal-Mart Stores East, Limited Partnership. (MNM)
July 16, 2020 Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (MNM)
July 16, 2020 Filing 1 NOTICE OF REMOVAL by Wal-Mart Stores East, Limited Partnership from Graves Circuit Court, case number 20-CI-00174 (filing fee $400, receipt number 0644-3141912). (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - State Court Complaint, #3 Exhibit 2 - Affidavit of Felix Sharpe, #4 Exhibit 3 - State Court Discovery, #5 Exhibit 4 - State Court Discovery, #6 Exhibit 5 - State Court File Including Answer, #7 Cover Sheet) (MNM)

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Defendant: Walmart Inc.
Represented By: Christopher Zelli
Represented By: Felix H. Sharpe, II
Represented By: Christopher R. Cashen
Represented By: Christopher S. Zelli
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Defendant: Wal-Mart Stores East, Limited Partnership
Represented By: Christopher Zelli
Represented By: Felix H. Sharpe, II
Represented By: Christopher R. Cashen
Represented By: Christopher S. Zelli
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Plaintiff: Josh Burgie
Represented By: Lauren E. Marley
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