Howard v. Winn-Dixie Montgomery, LLC et al
Plaintiff: Margaret Howard
Defendant: Winn-Dixie Montgomery, LLC, Winn-Dixie Stores, Inc. and Trajuana Irvin
Case Number: 2:2023cv02384
Filed: July 7, 2023
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Barry W Ashe
Referring Judge: Michael North
2 Judge: Jay C Zainey
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2023 Filing 14 Correction of Docket Entry by Clerk re #13 REPLY to Response to Motion. Filing attorney selected incorrect event. Correct event is Motion for Leave to File Document. Clerk took corrective action. (mmm)
August 25, 2023 Filing 13 EXPARTE/CONSENT MOTION for Leave to File Reply to Response to Motion by Margaret Howard re #6 Second MOTION to Remand to State Court . (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Smith, Oliver) Modified text/event on 8/28/2023 (mmm).
August 23, 2023 Opinion or Order Filing 12 ORDER denying #7 Request/Statement of Oral Argument. Signed by Judge Jay C. Zainey on 8/22/2023.(mmm)
August 22, 2023 Filing 11 RESPONSE/MEMORANDUM in Opposition filed by Winn-Dixie Montgomery, LLC, Winn-Dixie Stores, Inc. re #6 Second MOTION to Remand to State Court for the Parish of Orleans . (Attachments: #1 Exhibit 1 - Ltr between MD office and Plaintiff Attorney, #2 Exhibit 2 - Resp to RFA, #3 Exhibit 3 - Redacted MD Report 01 16 2023, #4 Exhibit 4 - Redacted MD Report 02 01 2023, #5 Exhibit 5 - Redacted MD Report 03 22 2023, #6 Exhibit 6 - Affidavit of Trajuana Irvin, #7 Exhibit 7 - Deposition of Mark Fleming)(Simmons, Samantha)
August 2, 2023 Opinion or Order Filing 10 ORDER continuing #6 Second MOTION to Remand to State Court for the Parish of Orleans: Motion(s) will be submitted on 8/30/2023 on the briefs. Signed by Judge Jay C. Zainey on 8/2/2023.(mmm)
July 26, 2023 Opinion or Order Filing 9 ORDER TRANSFERRING CASE. Case transferred to Judge Jay C. Zainey. Judge Barry W Ashe no longer assigned to case. Signed by Judge Barry W Ashe on 07/26/2023.(cs)
July 26, 2023 Filing 8 Correction of Docket Entry by Clerk re #6 Second MOTION to Remand to State Court for the Parish of Orleans. Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately. (js)
July 26, 2023 Filing 7 Request/Statement of Oral Argument by Margaret Howard regarding #6 Second MOTION to Remand to State Court for the Parish of Orleans. (js)
July 25, 2023 Filing 6 Second MOTION to Remand to State Court for the Parish of Orleans by Margaret Howard. Motion(s) will be submitted on 8/10/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Proposed Order, #12 Notice of Submission, #13 Request for Oral Argument)(Smith, Oliver)
July 20, 2023 Filing 5 Notice of Compliance List of Parties and Pleadings by Winn-Dixie Montgomery, LLC, Winn-Dixie Stores, Inc. re #1 Notice of Removal. (Attachments: #1 Exhibit 1 - Petition, #2 Exhibit 2 - Answer to Petition, #3 Exhibit 3 - Notice of Deposition of Plaintiff, #4 Exhibit 4 - Motion to Compel Discovery Responses, #5 Exhibit 5 - Motion to Enroll by Plaintiff, #6 Exhibit 6 - Notice to Counsel and State Court, #7 Exhibit 7 - Notice of Pretrial Conf and Motion to Set for Trial, #8 Exhibit 8 - Jury Cash Deposit Order, #9 Exhibit 9 - Scheduling Order, #10 Exhibit 10 - Joint Pre-Trial Order and Notice of Trial, #11 Exhibit 11 - Notice Removal to Adverse Party and State Court, #12 Exhibit 12 - Letter fm Clerk of Court to Plaintiff's Counsel, #13 Exhibit 13 - Letter from Orleans Parish Sheriff's Office, #14 Exhibit 14 - Returns of Citation of Service Re Winn-Dixie Montgomery, LLC, #15 Exhibit 15 - Returns of Citation of Service Re Winn-Dixie Stores, Inc., #16 Exhibit 16 - Returns of Citation of Service Re Trajuana Irvin, #17 Exhibit 17 - Return of Service Re Motion to Compel Discovery Responses from Plaintiff)(Simmons, Samantha) Modified on 7/21/2023 (am).
July 10, 2023 Filing 4 Directive of the Clerk regarding compliance with 28:1447(b) re #1 Notice of Removal. By the Clerk.(am)
July 7, 2023 Filing 3 Statement of Corporate Disclosure by Winn-Dixie Montgomery, LLC, Winn-Dixie Stores, Inc. identifying Corporate Parent Southeastern Grocers, LLC, for Winn-Dixie Stores, Inc., identifying Corporate Parent Winn-Dixie Stores, Inc. for Winn-Dixie Montgomery, LLC (Simmons, Samantha) Modified on 7/10/2023 (am).
July 7, 2023 Filing 2 Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Michael North. (ess)
July 7, 2023 Filing 1 NOTICE OF REMOVAL with jury demand from Civil District Court for the Parish of Orleans, case number 2021-07137 (Filing fee $ 402 receipt number ALAEDC-10018333) filed by Winn-Dixie Stores, Inc., Winn-Dixie Montgomery, LLC. (Attachments: #1 Exhibit A - Petition, #2 Exhibit B - Answer, #3 Exhibit C - Int and Req for Prod, #4 Exhibit D -Motion to Compel Discovery Responses, #5 Exhibit E - Rule to Show Cause, #6 Exhibit F - Requests for Admission to Plaintiff, #7 Exhibit G - Plaintiff's Resp to Discovery, #8 Exhibit H - Letter Re Settlement Demand, #9 Exhibit I - Guardian Care Report and Bill 06 01 2022, #10 Exhibit J - Guardian Care Report and Bill 06 29 2022, #11 Exhibit K - Depo Transcript of Plaintiff, #12 Exhibit L - Pontchartrain Ortho 10 28 2022, #13 Exhibit M - Lakeview PT12 06 2022, #14 Exhibit N - Lakeview PT 12 08 2022, #15 Exhibit O - Pontchartrain Orth 03 07 2023, #16 Exhibit P - Guardian Care 12 21 2022, #17 Exhibit Q - Letter fm Pltf Atty Re Demand, #18 Exhibit R - Depo of Trajuana Irvin, #19 Civil Cover Sheet)Attorney Samantha B. Simmons added to party Winn-Dixie Montgomery, LLC(pty:dft), Attorney Samantha B. Simmons added to party Winn-Dixie Stores, Inc.(pty:dft).(Simmons, Samantha)

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Plaintiff: Margaret Howard
Represented By: Oliver Smith, III
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Defendant: Winn-Dixie Montgomery, LLC
Represented By: Samantha B. Simmons
Represented By: Michael R. Sistrunk
Represented By: Devin Fadaol
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Defendant: Winn-Dixie Stores, Inc.
Represented By: Samantha B. Simmons
Represented By: Michael R. Sistrunk
Represented By: Devin Fadaol
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Defendant: Trajuana Irvin
Represented By: Michael R. Sistrunk
Represented By: Devin Fadaol
Represented By: Samantha B. Simmons
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