Luckett v. Walmart Inc. et al
| Theresa B Luckett |
| Walmart Inc. f/k/a Wal-Mart Stores, Inc., John Doe(s), Jane Doe(s), XYZ Insurance Company, Walmart Inc. and Wal-Mart Stores, Inc. |
| 3:2023cv00009 |
| January 6, 2023 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 9 ANSWER to Complaint with Jury Demand by Walmart Inc..(DeRojas, Isidro) |
Filing 8
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (LLH)
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Filing 7
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 4/13/2023 at 01:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 3/30/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 1/25/2023. (BLR)
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| Filing 6 AMENDED NOTICE OF REMOVAL filed by Walmart Inc. (BLR) |
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Filing 5
ORDER: The #4 Motion for Leave of Court to File Amended Notice of Removal, filed by Defendant Walmart, Inc. f/k/a Wal-Mart Stores Inc., is GRANTED. The Motion was filed in response to the Court's 3 Notice and Order to clarify citizenship allegations for Removing Defendant Walmart, Inc. The Clerk of Court is instructed to docket the [4-2] Amended Notice of Removal, which will become the operative notice of removal in this case. Signed by Magistrate Judge Erin Wilder-Doomes on 1/13/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 4 MOTION for Leave to File Amended Notice of Removal by Walmart Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading; Amended Notice of Removal, #3 Exhibit A - Petition for Damages, #4 Exhibit B - POS Walmart)(DeRojas, Isidro) |
| MOTION(S) REFERRED: #4 MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (ELW) |
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Filing 3
NOTICE AND ORDER: IT IS ORDERED that by no later than 1/16/2023, Removing Defendant Walmart Inc. shall file a Motion for Leave to Amend the #1 Notice of Removal, which attaches a proposed, comprehensive Amended Notice of Removal that includes all of Walmart Inc.'s allegations, as revised, supplemented, and/or amended, and which properly alleges, and clarifies contradictory allegations regarding, the citizenship of all currently named, nonfictitious defendants. In the Petition, Plaintiff named the following defendants: Walmart Inc. and Wal-Mart Stores, Inc. R. Doc. 1-2, 1. In the Notice of Removal, Walmart Inc. alleges that it was "formerly known as Wal-Mart Stores, Inc.," the other currently named, nonfictious defendant, which is contradicted by a later allegation that Walmart Inc. was "formerly known as Wal-Mart Louisiana, Inc.," which is not currently named as a defendant. Compare R. Doc. 1, intro. with 12. Regardless, while the citizenship of "Walmart, Inc., formerly known as Wal-Mart Louisiana, Inc." has been adequately alleged (R. Doc. 1, 12, alleging it is a Delaware corporation with an Arkansas principal place of business), the Notice of Removal is unclear as to the citizenship of "Wal-Mart Stores, Inc." The case will be allowed to proceed if Defendant Wal-Mart Stores, Inc.'s citizenship is adequately established under 28 U.S.C. 1332(c), as Plaintiff and Walmart Inc.'s citizenships have been adequately alleged and the amount in controversy appears met. Signed by Magistrate Judge Erin Wilder-Doomes on 1/9/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 2 Certificate of Interested Persons by Walmart Inc. f/k/a Wal-Mart Stores, Inc. identifying Affiliate/Interested Person Theresa B Luckett, Affiliate/Interested Person Walmart Inc, f/k/a Wal-Mart Stores, Inc. for Walmart Inc. f/k/a Wal-Mart Stores, Inc... (DeRojas, Isidro) |
| Filing 1 NOTICE OF REMOVAL from 23rd JDC Ascension Parish, Case Number 135706. (Filing fee $ 402 receipt number ALAMDC-2523888), filed by Walmart Inc. f/k/a Wal-Mart Stores, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Petition for Damages, #3 Exhibit B - Service of Process)(DeRojas, Isidro) |
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