Dalton v. Kwik Trip, Inc.
Plaintiff: Julie Dalton
Defendant: Kwik Trip, Inc.
Case Number: 0:2021cv00098
Filed: January 12, 2021
Court: US District Court for the District of Minnesota
Presiding Judge: Michael J Davis
Referring Judge: Becky R Thorson
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101 Americans with Disabilities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2022 Opinion or Order Filing 47 JUDGMENT (Attachments: #1 Civil Notice - appeal)(ACH)
March 22, 2022 Opinion or Order Filing 46 ORDER FOR DISMISSAL. IT IS HEREBY ORDERED that this action be dismissed with prejudice and on the merits, and without costs awarded to either party. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Michael J. Davis on 3/22/2022.(GRR)
March 21, 2022 Opinion or Order Filing 45 PROPOSED ORDER TO JUDGE re #44 Stipulation of Dismissal. (McNee, Emily)
March 21, 2022 Opinion or Order Filing 44 STIPULATION of Dismissal by Kwik Trip, Inc.. Jointly Signed by Julie Dalton. (McNee, Emily)
December 10, 2021 Opinion or Order Filing 43 PROTECTIVE ORDER. Signed by Magistrate Judge Becky R. Thorson on 12/10/2021.(MSK)
December 9, 2021 Opinion or Order Filing 42 PROPOSED ORDER TO JUDGE re #41 Stipulation. (McNee, Emily)
December 9, 2021 Opinion or Order Filing 41 STIPULATION for Protective Order by Kwik Trip, Inc.. Jointly Signed by Julie Dalton. (McNee, Emily)
November 10, 2021 Opinion or Order Filing 40 ORDER/NOTICE: ORDER FOR SETTLEMENT CONFERENCE. Confidential Letter to Court due by 4/21/2022. Parties are directed to Meet and Confer by 4/15/2022. Settlement Conference set for 4/25/2022 at 09:30 AM before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 11/10/2021.(MSK)
November 10, 2021 Opinion or Order Filing 39 ORDER/NOTICE: PRETRIAL SCHEDULING ORDER. Amended Pleadings due by 2/15/2022. Fact Discovery due by 7/15/2022. Expert Discovery due by 12/15/2022. Joinder of Parties due by 2/15/2022. Motions (non-disp) due 7/15/2022. Motions (disp) due by 2/15/2023. Ready for trial due by 6/15/2023. Signed by Magistrate Judge Becky R. Thorson on 11/10/2021.(MSK)
November 9, 2021 Opinion or Order Filing 38 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Initial Pretrial Conference held on 11/9/2021. (MSK)
November 5, 2021 Opinion or Order Filing 37 REPORT of Rule 26(f) Planning Meeting. Filed by Kwik Trip, Inc.. Jointly Signed by Julie Dalton.(McNee, Emily)
October 12, 2021 Opinion or Order Filing 36 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Status Conference held on 10/12/2021. The stay of discovery will be lifted on November 4, 2021, and the parties must file an updated Rule 26(f) Report on November 5, 2021. A Rule 16 Scheduling Conference will be held on November 9, 2021, at 4:00 p.m. Chambers will send Zoom instructions for the Pretrial Conference. (MSK)
October 5, 2021 Opinion or Order Filing 35 MEMORANDUM OPINION AND ORDER. IT IS HEREBY ORDERED that Defendant Kwik Trip, Inc.'s Motion for Judgment on the Pleadings #17 is GRANTED to the extent that Plaintiff seeks relief against Kwik Trip stores other than the Faribault store, and DENIED in all other respects. (Written Opinion) Signed by Judge Michael J. Davis on 10/5/2021. (GRR)
September 23, 2021 Opinion or Order Filing 34 Minute Entry for proceedings held before Judge Michael J. Davis: Motion Hearing held on 9/23/2021 re #17 MOTION for Judgment on the Pleadings filed by Kwik Trip, Inc. The motion was moved, argued and taken under advisement. An order will follow. (Court Reporter Kristine Mousseau) (GRR)
August 6, 2021 Opinion or Order Filing 33 (Text-Only) ORDER in Response to #32 and #30 Letters to Magistrate Judge. The Court is in receipt of the parties' letter briefs regarding Defendant's Motion to Stay pursuant to this Court's July 12, 2021 Order. (Doc. No. 29.) After that Order issued, the hearing on Defendant's Motion for Judgment on the Pleadings (Doc. No. 17) was set for September 23, 2021. (Doc. No. 31.) The Court finds that there is good cause to delay the entry of a pretrial scheduling order and finds that a stay of fact discovery is warranted until at least after the hearing on the pending Motion for Judgment on the Pleadings. Counsel for the parties are ordered, however, to meet and confer no later than August 16, 2021, to discuss the preservation of evidence that may be subject to discovery. A status conference will be held on October 12, 2021, at 9:00 am. Chambers will provide call-in instructions. Ordered by Magistrate Judge Becky R. Thorson on 8/6/2021.(MSK)
July 23, 2021 Opinion or Order Filing 32 LETTER TO MAGISTRATE JUDGE by Julie Dalton . (Michenfelder, Patrick)
July 22, 2021 Opinion or Order Filing 31 AMENDED NOTICE OF HEARING ON MOTION #17 MOTION for Judgment on the Pleadings : Motion Hearing set for 9/23/2021 at 11:00 AM in Video Conference (no courtroom) before Judge Michael J. Davis. (McNee, Emily) Modified text on 7/23/2021 (kt).
July 16, 2021 Opinion or Order Filing 30 LETTER TO DISTRICT JUDGE by Kwik Trip, Inc. . (McNee, Emily)
July 12, 2021 Opinion or Order Filing 29 (Text-Only) ORDER/NOTICE TO ATTORNEY. The Court held a status conference regarding the parties' positions as to whether a pretrial scheduling order should issue. The Court will accept letter briefs to determine whether a Pretrial Scheduling Order should issue. Defendant's letter brief must be filed by July 16, 2021. Plaintiff's letter brief must be filed by July 23, 2021. Unless otherwise ordered, the Court will not hold a hearing, but will decide the dispute on the papers. Signed by Magistrate Judge Becky R. Thorson on 7/12/2021. (MSK)
July 9, 2021 Opinion or Order Filing 28 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Status Conference held on 7/9/2021. (MSK)
July 8, 2021 Opinion or Order Filing 27 REPLY re #17 MOTION for Judgment on the Pleadings filed by Kwik Trip, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(McNee, Emily)
June 24, 2021 Opinion or Order Filing 26 DECLARATION of Julie Dalton in Opposition to #17 MOTION for Judgment on the Pleadings filed by Julie Dalton.(Michenfelder, Patrick)
June 24, 2021 Opinion or Order Filing 25 DECLARATION of Patrick W. Michenfelder in Opposition to #17 MOTION for Judgment on the Pleadings filed by Julie Dalton. (Attachments: #1 Exhibit(s))(Michenfelder, Patrick)
June 24, 2021 Opinion or Order Filing 24 MEMORANDUM in Opposition re #17 MOTION for Judgment on the Pleadings filed by Julie Dalton. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Michenfelder, Patrick)
June 9, 2021 Opinion or Order Filing 23 Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Initial Pretrial Conference held on 6/9/2021. (MSK)
June 4, 2021 Opinion or Order Filing 22 REPORT of Rule 26(f) Planning Meeting. Filed by Julie Dalton.(Michenfelder, Patrick)
June 4, 2021 Opinion or Order Filing 21 MEET and CONFER STATEMENT re #17 Motion for Judgment on the Pleadings filed by Kwik Trip, Inc..(McNee, Emily)
June 3, 2021 Opinion or Order Filing 20 PROPOSED ORDER TO JUDGE re #17 MOTION for Judgment on the Pleadings filed by Kwik Trip, Inc..(McNee, Emily)
June 3, 2021 Opinion or Order Filing 19 NOTICE OF HEARING ON MOTION #17 MOTION for Judgment on the Pleadings : Date and time to be determined. (McNee, Emily)
June 3, 2021 Opinion or Order Filing 18 MEMORANDUM in Support re #17 MOTION for Judgment on the Pleadings filed by Kwik Trip, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(McNee, Emily)
June 3, 2021 Opinion or Order Filing 17 MOTION for Judgment on the Pleadings filed by Kwik Trip, Inc.. (McNee, Emily)
May 17, 2021 Opinion or Order Filing 16 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Kwik Trip, Inc.. (McNee, Emily)
May 17, 2021 Opinion or Order Filing 15 ANSWER to Complaint filed by Kwik Trip, Inc.. (McNee, Emily)
April 28, 2021 Opinion or Order Filing 14 ORDER/NOTICE: Pretrial Conference set for 6/9/2021 at 03:00 PM before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 4/28/2021. (Attachments: #1 Consent Form)(MSK)
April 20, 2021 Opinion or Order Filing 13 ORDER on #11 Stipulation. Kwik Trip, Inc. answer due 5/19/2021. Signed by Magistrate Judge Becky R. Thorson on 4/20/2021.(MSK)
April 20, 2021 Opinion or Order Filing 12 PROPOSED ORDER TO JUDGE re #11 Stipulation. (McNee, Emily)
April 20, 2021 Opinion or Order Filing 11 STIPULATION Joint Stipulation to Extend Time to Answer Complaint by Kwik Trip, Inc.. Jointly Signed by Julie Dalton. (McNee, Emily)
April 20, 2021 Opinion or Order Filing 10 NOTICE of Appearance by Jacqueline E. Kalk on behalf of Kwik Trip, Inc.. (Kalk, Jacqueline)
April 19, 2021 Opinion or Order Filing 9 ORDER/NOTICE TO ATTORNEY. Signed by Magistrate Judge Becky R. Thorson on 4/19/2021.(MSK)
January 21, 2021 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed filed by Julie Dalton. Kwik Trip, Inc. waiver sent on 1/14/2021, answer due 3/15/2021. (Michenfelder, Patrick)
January 19, 2021 Opinion or Order Filing 7 TEXT ONLY ENTRY: ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Ronald Bruce Carlson for Julie Dalton; granting #6 Motion for Admission Pro Hac Vice of Attorney Nicholas Colella for Julie Dalton. Approved by Magistrate Judge Becky R. Thorson on 1/19/2021. (NAH)
January 14, 2021 Opinion or Order Filing 6 MOTION for Admission Pro Hac Vice for Attorney Nicholas A. Colella. Filing fee $ 100, receipt number AMNDC-8396362 filed by Julie Dalton. (Michenfelder, Patrick)
January 14, 2021 Opinion or Order Filing 5 MOTION for Admission Pro Hac Vice for Attorney R. Bruce Carlson. Filing fee $ 100, receipt number AMNDC-8396324 filed by Julie Dalton. (Michenfelder, Patrick)
January 12, 2021 Opinion or Order Filing 4 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing R. Bruce Carlson and Elizabeth Pollock-Avery as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (MMP)
January 12, 2021 Opinion or Order Filing 3 Summons Issued as to Kwik Trip, Inc. (MMP)
January 12, 2021 Opinion or Order Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Michael J. Davis per 3rd/4th Civil Rights Housing/Accomodations ADA Other list, referred to Magistrate Judge Becky R. Thorson. Please use case number 21-cv-98 (MJD/BRT). (MMP)
January 12, 2021 Opinion or Order Filing 1 COMPLAINT against Kwik Trip, Inc. (filing fee $ 402, receipt number AMNDC-8387903) filed by Julie Dalton. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Michenfelder, Patrick)

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Plaintiff: Julie Dalton
Represented By: Patrick W Michenfelder
Represented By: Chad Throndset
Represented By: Ronald Bruce Carlson
Represented By: Nicholas Colella
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Defendant: Kwik Trip, Inc.
Represented By: Emily A McNee
Represented By: Jacqueline E. Kalk
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