Thornell et al v. Circle K Stores Inc et al
| Ronald G Thornell and Myra J Thornell |
| Circle K Stores Inc., Travelers Constitution State Insurance Co, Constitution State Services L L C, Rolling Frio-Lay Sales, LP, Circle K Stores Inc and Rolling Frio-Lay Sales L P |
| 1:2023cv00635 |
| May 11, 2023 |
| US District Court for the Western District of Louisiana |
| Joseph H L Perez-Montes |
| Robert R Summerhays |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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Filing 18
SCHEDULING ORDER: Jury Trial set for 9/9/2024 09:30 AM in Lafayette, Courtroom 3 before Judge Robert R Summerhays. Pretrial Conference set for 8/21/2024 11:00 AM in chambers before Judge Robert R Summerhays. Initial Disclosures exchanged by 7/28/2023. Rule 26 Conference between parties to take place before 8/1/2023. Rule 26 Report due by 8/25/2023. Joinder of Parties and Amendment of Pleadings due by 2/23/2024. Plaintiffs Expert Info/Reports due by 1/24/2024. Defendants Expert Info/Reports due by 2/23/2024. Discovery deadline 3/25/2024. Dispositive Motions due by 4/23/2024. Daubert Motions due by 4/23/2024. Motions in Limine due by 7/22/2024. Conference/Meeting of counsel to prepare pretrial order to be held by 7/22/2024. Pretrial Order due by 8/7/2024. Bench Books due by 8/7/2024. Trial Depositions due by 8/7/2024. Real Time glossary due by 8/14/2024. Affirmation of Settlement Negotiations due 8/14/2024. Signed by Chrissy Fontenot on 7/7/2023. (crt,Craig-Fontenot, C)
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| Filing 17 MINUTES for proceedings of SCHEDULING CONFERENCE held on 6/27/2023 - A FIVE DAY Jury Trial is set for 9/9/2024 at 9:30 AM in Lafayette, Federal Building, Courtroom 3 before Judge Robert R Summerhays. A Pretrial Conference is set for 8/21/2024 at 11:00 AM, in chambers, before Judge Robert R. Summerhays. A Scheduling Order to follow. (crt,Tice, Y) |
| Filing 16 RULE 26(f) Report by Circle K Stores Inc, Constitution State Services L L C, Travelers Constitution State Insurance Co, Ronald G. Thornell and Myra J. Thornell, Rolling Frito-Lay Sales, LP . (aty,McLean, Kate) Modified to add filers on 6/20/2023 (Thomas, T). |
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Filing 15
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 6/16/2023. (crt,Tice, Y)
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| Filing 14 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 6/14/2023. (crt,Thomas, T) |
| Filing 13 ELECTRONIC MINUTE ENTRY: A Scheduling Conference is set for 6/27/2023 at 3:30 PM by video conference before the undersigned. The parties will be prepared to discuss expedited discovery and settlement negotiations during the conference and file a Rule 26(f) report (fillable form on website www.lawd.uscourts.gov under Judge Perez-Montess forms) into the record on or before 06/20/2023. At the conference, the parties will be prepared to discuss the status of and upcoming steps in the case, and potential trial and pretrial conference dates. An email with the link access will be sent the day prior to the hearing. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 6/13/2023. (crt,Tice, Y) |
| Filing 12 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Rolling Frio-Lay Sales L P. (aty,Sella, Eric) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Rolling Frio-Lay Sales L P identifying Corporate Parent Pepsico Inc, Corporate Parent Frito-Lay Sales Inc for Rolling Frio-Lay Sales L P. (aty,Sella, Eric) |
| Filing 10 ANSWER to Complaint with Jury Demand by Rolling Frio-Lay Sales L P.(aty,Sella, Eric) |
| Filing 9 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Circle K Stores Inc, Constitution State Services L L C, Travelers Constitution State Insurance Co. (aty,McLean, Kate) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Circle K Stores Inc, Constitution State Services L L C, Travelers Constitution State Insurance Co identifying Corporate Parent Couche-Tard US Inc & Subsidiaries for Circle K Stores Inc; Corporate Parent St. Paul Fire & Marine Insurance Co, Corporate Parent Travelers Companies Inc for Travelers Constitution State Insurance Co; Corporate Parent Phoenix Insurance Co, Corporate Parent Travelers Indemnity Co, Corporate Parent Travelers Insurance Group Holdings Inc, Corporate Parent Travelers Property Casualty Corp, Corporate Parent Travelers Companies Inc for Constitution State Services L L C. (aty,McLean, Kate) Modified to add corporate parents on 5/23/2023 (Thomas, T). |
| Filing 7 ANSWER to Complaint by Circle K Stores Inc, Constitution State Services L L C, Travelers Constitution State Insurance Co.(aty,McLean, Kate) |
| ELECTRONIC PAYMENT of Civil Case filing fee by Circle K Stores Inc, Constitution State Services L L C, Travelers Constitution State Insurance Co. ( Filing Fee: $402, receipt number ALAWDC-5561195) for Notice of Removal. (aty,McLean, Kate) |
| Filing 6 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1332. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/16/2023. (jud,Perez-Montes, Joseph) |
| Filing 5 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Myra J Thornell, Ronald G Thornell. (aty,Downs, Earl) |
| Filing 4 NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re: 1 Notice of Removal, sent to Kate Emily McLean on behalf of Circle K Stores Inc, Constitution State Services L L C, Travelers Constitution State Insurance Co. Diversity Jurisdiction Disclosure Statement due by 5/30/2023. (crt,Thomas, T) |
| Filing 3 NOTICE of Corporate Disclosure Statement Requirement re: 1 Notice of Removal, sent to Kate Emily McLean on behalf of Circle K Stores Inc, Constitution State Services L L C, Travelers Constitution State Insurance Co. Corporate Disclosure Statement due by 5/30/2023. (crt,Thomas, T) |
| Filing 2 NOTICE of Deficiency to Kate Emily McLean on behalf of Circle K Stores Inc, Constitution State Services L L C, Travelers Constitution State Insurance Co regarding 1 Notice of Removal. Reason: No filing fee accompanied this complaint. The filing fee for a new civil action is $402.00 and the filing fee for a habeas corpus petition is $5.00. Within ten (10) days from the date of this notice you must either pay the required fee or submit a completed Application for Leave to Proceed In Forma Pauperis. See 28 USC 1914.. (crt,Thomas, T) |
| CASE Assigned to Judge Robert R Summerhays and Magistrate Judge Joseph H L Perez-Montes. (crt,Thomas, T) |
| Filing 1 NOTICE of Removal from 9th Judicial District Court, Case Number 276,476 with Jury Demand; filed by Circle K Stores Inc, Constitution State Services L L C, Travelers Constitution State Insurance Co. ADMINISTRATIVE ENTRY to capture correct filing event. See document 1 to view PDF image.(crt,Thomas, T) Modified to add document number on 5/15/2023 (Thomas, T). |
| CONSENT TO REMOVAL by Rolling Frio-Lay Sales L P. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #3 of document 1 Notice of Removal. (crt,Thomas, T) Modified to correct file date on 5/15/2023 (Thomas, T). |
| Filing 1 NOTICE of Removal from 9th Judicial District Court, Case Number 276,476 by Circle K Stores Inc, Constitution State Services L L C, Travelers Constitution State Insurance Co (Attorney Kate Emily McLean added to party Circle K Stores Inc.(pty:dft), Attorney Kate Emily McLean added to party Constitution State Services L L C(pty:dft), Attorney Kate Emily McLean added to party Travelers Constitution State Insurance Co(pty:dft)) (Attachments: #1 Civil cover sheet, #2 Exhibit 1 - Petition for Damages, #3 Exhibit 2 - Acquiescence to Removal by Rolling Frito-Lay Sales LP)(aty,McLean, Kate) Modified on 5/15/2023 (Thomas, T). Modified to reflect deficiencyon 5/15/2023 (Thomas, T). Modified to remove deficient state on 5/17/2023 (Bunting, M). See 5/17/23 entry of payment of filing fee. |
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