Jones v. Arch Insurance Co

Jones v. Arch Insurance Co

Plaintiff:	Wilma Jones
Defendant:	Dollar Tree Stores Inc, Dollar Tree Inc, Arch Insurance Co Europe Ltd and Arch Insurance Co
Case Number:	3:2012cv02029
Filed:	July 27, 2012
Court:	US District Court for the Western District of Louisiana
Office:	Monroe Office
County:	Ouachita
Presiding Judge:	Karen L Hayes
Referring Judge:	Robert G James
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on February 6, 2014. A more recent docket listing may be available from PACER.

Date Filed	Document Text
February 6, 2014	Filing 55 JUDGMENT granting #54 Joint/Voluntary Motion to Dismiss with prejudice, with defendants paying court costs, including cost of filing this dismissal. Signed by Judge Robert G James on 2/6/14. (crt,DickersonSld, D)
February 4, 2014	Filing 54 JOINT/VOLUNTARY MOTION to Dismiss Dollar Tree Stores, Inc. and Arch Insurance Company by All Parties. Motions referred to Karen L Hayes. (aty,Nash, Jason) Modified on 2/4/2014 to capture proper motion event and to edit filers. (Putch, A)
February 4, 2014	Motions Transferred regarding #54 JOINT/VOLUNTARY MOTION to Dismiss. Motions referred to Robert G James. (crt,Putch, A)
January 9, 2014	Filing 53 ELECTRONIC 60 DAY ORDER DISMISSING CASE: The Court having been advised by counsel that this matter has been settled, IT IS HEREBY ORDERED THAT the case is administratively terminated, without prejudice to the right of the parties to reopen the proceedings. All pending motions are denied as moot. IT IS FURTHER ORDERED that, within sixty (60) days of the date this Order is entered, the parties submit to the Court a Joint Stipulation of Dismissal signed by all parties who have appeared in this action, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Signed by Judge Robert G James on 1/9/2014. (crt,Floyd, J)
January 8, 2014	Filing 52 NOTICE of Settlement by Dollar Tree Stores Inc, Arch Insurance Co. (aty,Nash, Jason) Modified on 1/8/2014 to edit filers. (Putch, A)
December 4, 2013	Filing 51 JUDGMENT: For the reasons stated in this Court's Ruling #50 , IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff's #48 Motion for Partial Summary Judgment is GRANTED, and the Court finds that the Dollar Tree Store created the complained of conditions, i.e., the low shelf on a merchandise end-cap display. Signed by Judge Robert G James on 12/4/13. (crt,DickersonSld, D)
December 4, 2013	Filing 50 RULING GRANTING #48 MOTION for Partial Summary Judgment filed by Wilma Jones. Signed by Judge Robert G James on 12/4/13. (crt,DickersonSld, D)
November 8, 2013	Filing 49 NOTICE of Motion Setting regarding #48 MOTION for Partial Summary Judgment . Motions referred to Robert G James. (crt,Putch, A)
November 7, 2013	Filing 48 MOTION for Partial Summary Judgment by Wilma Jones. (Attachments: #1 Statement of Undisputed Facts, #2 Memo in Support, #3 Proposed Order, #4 Exhibit 1)(aty,Downs, Earl) Modified on 11/8/2013 to edit text. (Putch, A)
September 27, 2013	Filing 47 ORDER: For the reasons stated in this Court's Ruling #46 , IT IS ORDERED that #27 Motion for Summary Judgment is DENIED. Signed by Judge Robert G James on 9/27/13. (crt,DickersonSld, D)
September 27, 2013	Filing 46 RULING re #27 MOTION for Summary Judgment filed by Arch Insurance Co,and Dollar Tree Stores Inc. Signed by Judge Robert G James on 9/27/13. (crt,DickersonSld, D)
September 27, 2013	Filing 45 ANSWER to #42 Amended, Supplemental, and Restated Complaint with Jury Demand by Dollar Tree Stores Inc, Arch Insurance Co.(aty,Nash, Jason) Modified on 9/30/2013 to reflect jury demand, edit text and filers. (Putch, A)
September 13, 2013	Filing 44 SUPPLEMENTAL MEMORANDUM in Opposition re #43 SUPPLEMENTAL MEMORANDUM in Support of #27 Motion for Summary Judgment filed by Wilma Jones. (Attachments: #1 Exhibit P.12 Deposition of Howard, #2 Exhibit P.13 Deposition of Sissom, #3 Exhibit P.14 Deposition of Smith, #4 Exhibit P.15 Affidavit of Copeland)(aty,Downs, Earl)
August 19, 2013	NOTICE of Corrective Action to Jason Michael Nash on behalf of Arch Insurance Co, Dollar Tree Stores Inc regarding #43 SUPPLEMENTAL MEMORANDUM in Support of #27 Motion for Summary Judgment. Action taken: Modified entry to more accurately identify the pleading submitted. (crt,Putch, A)
August 19, 2013	Filing 43 SUPPLEMENTAL MEMORANDUM in Support of #27 Motion for Summary Judgment by Dollar Tree Stores Inc, Arch Insurance Co. Motions referred to Karen L Hayes. (Attachments: #1 Exhibit deposition, #2 Exhibit deposition, #3 Affidavit exhibit)(aty,Nash, Jason) Modified on 8/20/2013 to edit filers and to more accurately identify the pleading submitted. (Putch, A)
July 26, 2013	Filing 42 AMENDED, SUPPLEMENTAL, AND RESTATED COMPLAINT against Arch Insurance Co, Dollar Tree Stores Inc with Jury Demand filed by Wilma Jones.(crt,DickersonSld, D)
July 26, 2013	Filing 41 ORDER granting #39 Motion to Amend/Correct. Signed by Magistrate Judge Karen L Hayes on 7/26/13. (crt,DickersonSld, D)
July 26, 2013	Filing 40 FILED IN ERROR: AMENDED, SUPPLEMENTAL, AND RESTATED COMPLAINT against Arch Insurance Co, Dollar Tree Stores Inc with Jury Demand filed by Wilma Jones.(crt,DickersonSld, D) Modified on 7/26/2013 to reflect filed in error(DickersonSld, D).
July 26, 2013	Filing 39 MOTION to Amend/Correct with consent by Wilma Jones. Motions referred to Karen L Hayes. (Attachments: #1 Proposed Amended Complaint, #2 Exhibit 2 - Consent of Opposing Counsel, #3 Proposed order )(aty,Downs, Earl) Modified to remove duplicate naming of attachments on 7/26/2013 (Kennedy, T).
July 26, 2013	NOTICE of Corrective Action regarding #40 Amended Complaint. Action taken: Modified to reflect filed in error. (crt,DickersonSld, D)
May 13, 2013	Filing 38 SCHEDULING ORDER: Jury Trial set for 3/4/2014 at9:00 AM in Monroe, 2nd floor before Judge Robert G James. Pretrial Conference set for 2/6/2014 at 11:00 AM in Monroe, 3rd floor before Magistrate Judge Karen L Hayes. Pretrial Order due by 2/3/2014. Joinder of Parties and Amendment of Pleadings due by 7/26/2013. Plaintiffs Witness List due by 8/23/2013. Defendants Witness List due by 9/4/2013. Plaintiffs Expert Info/Reports due by 9/24/2013. Defendants Expert Info/Reports due by 10/24/2013. Discovery deadline 9/24/2013. Discovery II due by 10/24/2013. Dispositive Motions due by 11/8/2013. Expert Depositions due by 12/18/2013. Conference/Meeting of counsel to prepare pretrial order to be held by 1/14/2014. Motions in Limine due by 1/10/2014. Trial Brief/Pretrial Submissions due by 2/21/2014. Signed by Magistrate Judge Karen L Hayes on 5-10-13. (crt,DickersonSld, D)
May 10, 2013	Filing 37 ORDER granting in part and denying in part #35 Motion for Extension of Time to File Response/Reply. Defendants Dollar Tree Store, Inc and Arch Insurance Co. are given until 8/19/13, to file a reply to Plaintiff's opposition #34 . Plaintiff is given until September 16, 2013, to file a supplemental brief pertaining to the expert discovery raised by Defendants. To the extent that Defendants request an opportunity to file a response to Plaintiff's supplemental brief, the motion is DENIED. However after Plaintiff as filed her supplemental brief, Defendants may seek leave to file a response if justice so requires. IT IS FURTHER ORDERED that #36 Joint Motion to Re-set Matter for Trial is GRANTED. The Clerk of Court is instructed to issue a new scheduling order. Signed by Judge Robert G James on 5/10/13. (crt,DickersonSld, D)
May 9, 2013	Motions Transferred regarding #35 Joint MOTION for Extension of Time to File Response/Reply with consent . Motions referred to Robert G James. (crt,Kennedy, T)
May 9, 2013	Motions Transferred regarding #36 Joint MOTION reset trial date . Motions referred to Robert G James. (crt,Kennedy, T)
May 9, 2013	Filing 36 Joint MOTION reset trial date by All Parties. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Nash, Jason) Modified filers on 5/10/2013. (Kennedy, T)
May 9, 2013	Filing 35 Joint MOTION for Extension of Time to File Response/Reply with consent by All Parties. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Nash, Jason) Modified filers on 5/10/2013. (Kennedy, T)
April 26, 2013	Filing 34 MEMORANDUM in Opposition re #27 MOTION for Summary Judgment filed by Wilma Jones. (Attachments: #1 Statement of material facts, #2 Exhibit P-1 Safety Program Manual, #3 Exhibit P-2 Request for Admissions, #4 Exhibit P-3 Defendants' Answers to Request for Production, #5 Exhibit P-4 Deposition of Peggy Ford, #6 Affidavit P-5 Affidavit of Leighton Sissom with Exhibits, #7 Affidavit P-6 Affidavit of Dennis Howard with Exhibits, #8 Exhibit P-7 Deposition of Wilma Jones, #9 Exhibit P-8 Deposition of Douglas Brown, #10 Exhibit P-9 Deposition of Daisy Headley, #11 Exhibit P-10 Deposition of Brandacye Scott, #12 Affidavit P-11 Affidavit of Wilma Jones)(aty,Downs, Earl)
March 12, 2013	Filing 33 ORDER granting #32 Motion to Withdraw as Attorney. Attorney Matthew J Ungarino terminated. Signed by Magistrate Judge Karen L Hayes on 3/12/13. (crt,Crawford, A)
March 11, 2013	Filing 32 MOTION to Withdraw Matthew J. Ungarino as Attorney by Arch Insurance Co, Dollar Tree Stores Inc. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Ungarino, Matthew) Modified on 3/12/2013 to indicate multiple motion reliefs selected, modified text to more accurately identify the pleading submitted. (Putch, A)
March 6, 2013	Filing 31 ELECTRONIC MINUTE ENTRY: By agreement of counsel, the Settlement Conference scheduled for March 7, 2013 is hereby continued without date. Counsel should contact Judge Hayes to reschedule if necessary. Signed by Magistrate Judge Karen L Hayes on 3/6/13. (crt,Crawford, A)
March 6, 2013	Filing 30 ORDER granting #29 Motion for Extension of Time to File Response/Reply re #27 MOTION for Summary Judgment . Response (opposition) due by 4/30/2013. Defendants may file a reply within (14) days after the memorandum in opposition is filed. Signed by Judge Robert G James on 3/6/13. (crt,DickersonSld, D)
March 5, 2013	Filing 29 MOTION for Extension of Time to File Response/Reply as to #27 Motion for Summary Judgment with consent by Wilma Jones. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order Order)(aty,Downs, Earl) Modified on 3/5/2013 to edit text and to create link to proper pleading. (Putch, A)
March 5, 2013	Motions Transferred regarding #29 MOTION for Extension of Time to File Response/Reply. Motions referred to Robert G James. (crt,Putch, A)
March 1, 2013	Filing 28 NOTICE of Motion Setting regarding #27 MOTION for Summary Judgment . Motions referred to Robert G James. (crt,Putch, A)
February 28, 2013	Filing 27 MOTION for Summary Judgment by Dollar Tree Stores Inc, Arch Insurance Co. (Attachments: #1 Statement of material facts, #2 Memorandum / Brief, #3 Proposed order, #4 Exhibit D. 1 Deposition Wilma Jones, #5 Exhibit D. 2 Deposition of Peggy Ford, #6 Exhibit D. 3 Deposition of Daisy Headley, #7 Exhibit D. 4 Photographs of scene)(aty,Nash, Jason) Modified on 3/1/2013 to edit text & filers. (Putch, A)
February 15, 2013	Filing 26 ORDER granting #24 Motion for Martin Block to Attend Settlement Conference by Telephone. Signed by Magistrate Judge Karen L Hayes on 2/15/13. (crt,Crawford, A)
February 14, 2013	Filing 25 ORDER granting #23 Motion to Continue. Signed by Judge Robert G James on 2/14/13. (crt,DickersonSld, D)
February 13, 2013	Filing 24 MOTION for Leave to Attend Settlement Conference by Telephone by Dollar Tree Stores Inc. Motions referred to Karen L Hayes. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Nash, Jason) Modified on 2/14/2013 to edit text. (Putch, A)
February 11, 2013	Motions Transferred regarding #23 MOTION to Continue Trial and Pre-Trial Deadlines with consent. Motions referred to Robert G James. (crt,Putch, A)
February 11, 2013	Filing 23 MOTION to Continue Trial and Pre-Trial Deadlines with consent by All Parties. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order Order)(aty,Nash, Jason) Modified on 2/12/2013 to edit filers. (Putch, A)
February 8, 2013	Filing 22 ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 3/7/2013 at 9:30 AM in Monroe, 3rd floor before Magistrate Judge Karen L Hayes. Written confidential settlement conference statements due 3/5/2013. Signed by Magistrate Judge Karen L Hayes on 2/8/13. (crt,Crawford, A)
September 25, 2012	Filing 21 SCHEDULING ORDER: Jury Trial set for 8/20/2013 at 9:00 AM in Monroe, 2nd floor before Chief Judge Robert G James. Pretrial Conference set for 7/18/2013 at 10:00 AM in Monroe, 3rd floor before Magistrate Judge Karen L Hayes. Pretrial Order due by 7/15/2013. Joinder of Parties and Amendment of Pleadings due by 1/4/2013. Plaintiffs Witness List due by 2/1/2013. Defendants Witness List due by 2/13/2013. Plaintiffs Expert Info/Reports due by 3/5/2013. Defendants Expert Info/Reports due by 4/4/2013. Discovery deadline 3/5/2013. Discovery II due by 4/4/2013. Dispositive Motions due by 4/19/2013. Expert Depositions due by 5/29/2013. Conference/Meeting of counsel to prepare pretrial order to be held by 6/25/2013. Motions in Limine due by 6/21/2013. Trial Brief/Pretrial Submissions due by 8/9/2013. Signed by Magistrate Judge Karen L Hayes on 9/25/12. (crt,DickersonSld, D)
September 13, 2012	Filing 20 RULE 26(f) Report by All Parties. (aty,Nash, Jason) Modified on 9/13/2012 to edit filers. (Putch, A)
August 22, 2012	Filing 19 ORDER granting #15 Motion to Withdraw as Attorney. Attorney Brian D Smith terminated. Signed by Magistrate Judge Karen L Hayes on 8/22/12. (crt,Crawford, A)
August 21, 2012	NOTICE of Corrective Action to Brian D Smith on behalf of Arch Insurance Co, Dollar Tree Stores Inc regarding #18 CORRECTIVE DOCUMENT re #15 Motion to Withdraw. Action taken: Modified entry to more accurately identify the pleading submitted. (crt,Putch, A)
August 21, 2012	Filing 18 CORRECTIVE DOCUMENT Proper Signature Page re #15 Motion to Withdraw Brian D. Smith as Attorney with consent by Arch Insurance Co, Dollar Tree Stores Inc. Motions referred to Karen L Hayes. (aty,Smith, Brian) Modified on 8/22/2012 to more accurately identify the pleading submitted. (Putch, A)
August 16, 2012	Filing 17 NOTICE of Deficiency to Matthew J Ungarino on behalf of Arch Insurance Co, Dollar Tree Stores Inc regarding #15 MOTION to Withdraw Brian D. Smith as Attorney with consent . Reason: An original signature of an attorney or a party is required by Fed.R.Civ.P. 11. (crt,Putch, A)
August 15, 2012	Filing 16 JUDGMENT OF PARTIAL DISMISSAL granting #13 Joint/Voluntary Motion to Dismiss without prejudice defendants Arch Insurance Company (Europe) Limited and Dollar Tree, Inc. Signed by Chief Judge Robert G James on 8/15/12. (crt,DickersonSld, D)
August 15, 2012	Filing 15 MOTION to Withdraw Brian D. Smith as Attorney with consent by Arch Insurance Co, Dollar Tree Stores Inc. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Ungarino, Matthew) Modified on 8/16/2012 to reflect pleading as deficient. (Putch, A) Modified on 8/22/2012 to indicate proper signature page filed as #18 Corrective Document. (Putch, A)
August 14, 2012	Filing 14 PROPOSED ORDER/JUDGMENT re #13 Joint/Voluntary Motion to Dismiss by Dollar Tree Stores Inc. (aty,Ungarino, Matthew) Modified on 8/15/2012 to create link to proper pleading. (Putch, A)
August 14, 2012	Filing 13 JOINT/VOLUNTARY MOTION to Dismiss Without Prejudice and Reservation of Rights by Dollar Tree Stores Inc. (aty,Ungarino, Matthew) Modified on 8/15/2012 to indicate text of proposed order filed as doc #14 . (Putch, A)
August 14, 2012	Filing 12 STIPULATION by Dollar Tree Stores Inc. (aty,Ungarino, Matthew)
August 14, 2012	Filing 11 RESPONSE re #7 MOTION to Amend/Correct with consent Response to Notice of Removal filed by Arch Insurance Co, Dollar Tree Stores Inc. (Attachments: #1 Exhibit 4)(aty,Ungarino, Matthew) Modified on 8/16/2012 to edit text. (Putch, A)
August 7, 2012	Filing 10 ANSWER to Complaint with Jury Demand by Arch Insurance Co, Dollar Tree Stores Inc.(aty,Ungarino, Matthew)
August 1, 2012	Filing 9 AMENDED Notice of Removal, by Arch Insurance Co, Dollar Tree Stores Inc. (crt,Crawford, A)
August 1, 2012	Filing 8 ORDER granting #7 Motion to Amend Notice of Removal. Signed by Magistrate Judge Karen L Hayes on 8/1/12. (crt,Crawford, A)
July 31, 2012	Filing 7 MOTION to Amend/Correct #1 Notice of Removal with consent by Arch Insurance Co, Dollar Tree Stores Inc. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order Order for Motion to Amend, #2 Proposed pleading Amended Notice of Removal)(aty,Ungarino, Matthew) Modified on 8/1/2012 to create link to proper pleading. (Putch, A)
July 31, 2012	Filing 6 REMOVAL ORDER forwarded to all counsel of record. Signed by Magistrate Judge Karen L Hayes on 7/31/12. (crt,Crawford, A)
July 30, 2012	Filing 5 CIVIL CASE MANAGEMENT ORDER for cases assigned to Judge Robert G James sent to pending counsel of record. Signed by Chief Judge Robert G James on 7/30/12. (crt,Lundy, N)
July 27, 2012	SUMMONS Returned Executed Dollar Tree, Inc. served on 6/25/2012, answer due 7/16/2012. ADMINISTRATIVE ENTRY: (THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #1 OF DOCUMENT #1 NOTICE OF REMOVAL). (crt,Thigpen, M)
July 27, 2012	CASE Assigned to Chief Judge Robert G James and Magistrate Judge Karen L Hayes. (crt,Thigpen, M)
July 27, 2012	Filing 4 NOTICE of Compliance with Removal Order by Matthew J Ungarino on behalf of Arch Insurance Company, Dollar Tree Stores, Inc. (aty,Ungarino, Matthew) Modified on 7/30/2012 to more accurately describe document. (Lundy, N).
July 27, 2012	Filing 3 CORPORATE DISCLOSURE STATEMENT by Dollar Tree Stores, Inc. identifying Corporate Parent Dollar Tree Stores, Inc., Corporate Parent Dollar Tree, Inc. for Dollar Tree Stores, Inc.. (aty,Ungarino, Matthew)
July 27, 2012	Filing 2 CORPORATE DISCLOSURE STATEMENT by Arch Insurance Company identifying Corporate Parent Arch Insurance Company, Corporate Parent Arch Insurance Group, Inc., Corporate Parent Arch Specialty Insurance Company, Corporate Parent Arch Excess and Surplus Insurance Company for Arch Insurance Company. (aty,Ungarino, Matthew)
July 27, 2012	Filing 1 NOTICE of Removal from 4th JDC Ouachita Parish, Case Number 12-1874 (Filing fee $350, receipt number 0536-2010156) filed by Dollar Tree Stores, Inc., Arch Insurance Company. (Attachments: #1 Exhibit 1 State Court Proceedings, #2 Exhibit 2 E Mail, #3 Exhibit 3 Operative Report, #4 Civil cover sheet 4 Civil Cover Sheet)(aty,Ungarino, Matthew)

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Defendant: Dollar Tree Stores Inc
Represented By:	Wayne Robert Maldonado
Represented By:	Matthew J Ungarino
Represented By:	Jason Michael Nash
Represented By:	Brian D Smith
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Defendant: Dollar Tree Inc
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Defendant: Arch Insurance Co Europe Ltd
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Defendant: Arch Insurance Co
Represented By:	Wayne Robert Maldonado
Represented By:	Matthew J Ungarino
Represented By:	Jason Michael Nash
Represented By:	Brian D Smith
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Plaintiff: Wilma Jones
Represented By:	Earl Ross Downs, Jr
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