Gaines v. Home Depot USA, INC et al
Plaintiff: Willie Gaines and Willie Gaines, Sr.
Defendant: Home Depot USA, INC, Dwayne Gates, John Doe and Jane Doe
Case Number: 3:2022cv00885
Filed: November 11, 2022
Court: US District Court for the Middle District of Louisiana
Presiding Judge: Shelly D Dick
Referring Judge: Scott D Johnson
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 9, 2023 Opinion or Order Filing 12 ORDER granting #11 MOTION for Leave to File Reply Memorandum filed by Willie Gaines, Sr., Willie Gaines Sr. Signed by Chief Judge Shelly D. Dick on 1/9/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
January 9, 2023 Filing 11 MOTION for Leave to File Reply Memorandum by Willie Gaines, Sr. (Attachments: #1 Proposed Pleading; Proposed Order, #2 Proposed Pleading; Reply Memorandum)(Fruge', Michael)
December 30, 2022 Filing 10 MEMORANDUM in Opposition to #6 MOTION to Remand filed by Home Depot USA, INC. (Attachments: #1 Exhibit Petition, #2 Exhibit Correspondence to Plaintiff's counsel, #3 Exhibit Sheriff's return, #4 Exhibit Motion to Compel Plaintiff's Discovery Responses, #5 Exhibit Plaintiff's Answers to Interrogatories, #6 Exhibit Plaintiff's Responses to Requests for Production, #7 Exhibit Medical records, #8 Exhibit Plaintiff's Responses to Requests for Admissions, #9 Exhibit Defense counsel correspondence to Plaintiff's counsel, #10 Exhibit Gates Answer and Jury Demand, #11 Exhibit Gates Responses to Interrogatories and Requests for Production, #12 Affidavit Affidavit of Dawayne Gates)(Thompson, Reshonda)
December 20, 2022 Filing 9 NOTICE of List of Parties and Pleadings by Home Depot USA, INC (Attachments: #1 Exhibit 1 - Petition for Damages, #2 Exhibit 2 - Request for Notice filed on behalf of Plaintiff, #3 Exhibit 3 - Interrogatories to Defendants, #4 Exhibit 4 - Requests for Production to Defendants, #5 Exhibit 5 - Citation and Return of Service of Process for Dwayne Gates, #6 Exhibit 6 - Motion to Appoint Process Server, #7 Exhibit 7 - Citation and Return of Service of Process for Home Depot, #8 Exhibit 8 - Affidavit of Process Server and Return of Service for Dwayne Gates, #9 Exhibit 9 - Request for Extension of Time filed and Order, #10 Exhibit 10 - Answer and Jury Demand filed on behalf of Defendant Dwayne Gates;, #11 Exhibit 11 - Defendants Motion to Compel and Incorporated Memorandum in Support and Rule to Show Cause, #12 Exhibit 12 - Defendants First Set of Requests for Admission, Interrogatories and Requests for Production of Documents to Pl, #13 Exhibit 13 - Correspondence to Michael P. Fruge dated July 20, 2022, #14 Exhibit 14 - Correspondence to Michael P. Fruge dated August 22, 2022, #15 Exhibit 15 - Email to Michael P. Fruge dated September 6, 2022, #16 Exhibit 16 - Rule Nisi to Plaintiff, #17 Exhibit 17 - Motion and Order to Appoint Process Server, #18 Exhibit 18 - Motion for Status Conference and Order, #19 Exhibit 19 - Notice of Records Deposition and Return of Service of Process, #20 Exhibit 20 - Notice of Removal to Federal Court)(Thompson, Reshonda)
December 14, 2022 Filing 8 Exhibit(s) to #6 MOTION to Remand by All Plaintiffs. (Attachments: #1 Exhibit A-Plaintiff's Preservation Letter to Home Depot, #2 Exhibit B-Defendants' Responses to Discovery)(Fruge', Michael) Modified on 12/14/2022 to remove duplicate description of attachments (JEG).
December 12, 2022 Filing 7 Notice of Deficiency with Administrative Procedure III(A)(1) as to #6 Motion to Remand. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (LLH)
December 12, 2022 MOTION(S) REFERRED: #6 MOTION to Remand . This motion is now pending before the USMJ. (LLH)
December 11, 2022 Filing 6 MOTION to Remand by All Plaintiffs (Attachments: #1 Proposed Pleading; Proposed Order, #2 Attachment Memorandum in Support, #3 Exhibit A, #4 Exhibit B)(Fruge', Michael)
November 28, 2022 Opinion or Order Filing 5 SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 3/9/2023 at 09:00 AM before Magistrate Judge Scott D. Johnson. Status Report due by 2/23/2023. Signed by Magistrate Judge Scott D. Johnson on 11/28/2022. (KAH)
November 18, 2022 Filing 4 ANSWER to Complaint with Jury Demand by Home Depot USA, INC.(Thompson, Reshonda)
November 16, 2022 Filing 3 Certificate of Interested Persons by Home Depot USA, INC identifying Corporate Parent Home Depot International, Inc., Affiliate/Interested Person Michael Paul Fruge, Affiliate/Interested Person Clayton Fruge Ward & Hendry, Affiliate/Interested Person M. Davis Ready, Affiliate/Interested Person Megan S. Peterson, Affiliate/Interested Person Simon, Peragine, Smith & Redfearn LLP, Affiliate/Interested Person Dwayne Gates, Affiliate/Interested Person Willie Gaines Sr, Affiliate/Interested Person Reshonda W. Thompson, Affiliate/Interested Person Richard J. Ward III, Affiliate/Interested Person Michael C. Hendry, Affiliate/Interested Person Home Depot U.S.A., Inc., Affiliate/Interested Person A M Tony Clayton for Home Depot USA, INC. (Thompson, Reshonda)
November 15, 2022 Filing 2 NOTICE OF DEFICIENCY with LR 7.1 as to #1 Notice of Removal,,. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (JEG)
November 11, 2022 Filing 1 NOTICE OF REMOVAL from 19th JDC, East Baton Rouge Parish, Case Number C-713577 Div 27. (Filing fee $ 402 receipt number ALAMDC-2503520), filed by Home Depot USA, INC. (Attachments: #1 Attachment Civil Cover Sheet, #2 Exhibit Citation and Petition, #3 Exhibit Affidavit of Dawayne Gates, #4 Exhibit Plaintiff's Responses to Discovery, #5 Exhibit Medical Records, #6 Exhibit Photos, #7 Exhibit Declaration of Counsel)(Thompson, Reshonda) Modified on 11/15/2022 to edit State Court Information (JEG).

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Plaintiff: Willie Gaines
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Plaintiff: Willie Gaines, Sr.
Represented By: Tony Clayton
Represented By: Michael Paul Fruge'
Represented By: Michael Charles Hendry
Represented By: Richard J Ward, III
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Defendant: Home Depot USA, INC
Represented By: Reshonda Whitney Thompson
Represented By: M. Davis Ready
Represented By: Megan S. Peterson
Represented By: Susan M. Caruso
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Defendant: Dwayne Gates
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Defendant: John Doe
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Defendant: Jane Doe
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