Wiggins et al v. Darden Restaurants, Inc.
| Edward F. Wiggins and Beverly Wiggins |
| Darden Restaurants, Inc. |
| United Wisconsin Insurance Company, Inc. |
| 2:2021cv00102 |
| July 30, 2021 |
| US District Court for the Southern District of Mississippi |
| Eastern (Hattiesburg) Office |
| John C Gargiulo |
| Halil S Ozerden |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.
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TEXT ONLY ORDER granting #30 Motion to Withdraw as Attorney and Substitute Party. Attorneys William F. Smith, II, and Chelsey M. Edgerly are withdrawn as counsel and terminated from the docket. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Halil S. Ozerden on September 20, 2021. (TS)
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Filing 32
ORDER denying United Wisconsin Insurance Company, Inc.'s #31 Second Motion to Intervene for lack of subject-matter jurisdiction. Signed by District Judge Halil S. Ozerden on September 17, 2021. (ENW)
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Filing 31
Second MOTION to Intervene by United Wisconsin Insurance Company, Inc. (Attachments: #1 Exhibit 1 - Intervener Complaint)(Quinlivan, Lawrence)
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Filing 30
MOTION to Withdraw as Attorney , MOTION to Substitute Party by Darden Restaurants, Inc. (Rogers, James)
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DOCKET ANNOTATION as to #29 : Inconsistent login and attorney signature. The signature of the attorney on the document should match the attorney's name in the docket entry. Document #29 will be disregarded and the attorney with the electronic signature on the document should re-file document. (LDR)
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Filing 29
**ERROR, DISREGARD THIS ENTRY** MOTION to Withdraw as Attorney William F. Smith, II, on behalf of Darden Restaurants, Inc. by Darden Restaurants, Inc. (Rogers, James) Modified on 9/10/2021 (LDR).
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Filing 28
Letter sent to Chelsey Mitchell Edgerly, William F. Smith and Randall Stark Haynes on 09/08/2021 requesting PHV motion, proposed order and fee. (CS)
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Filing 27
NOTICE of Service of Request for Production by Darden Restaurants, Inc. (Rogers, James)
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Filing 26
NOTICE of Service of Interrogatories by Darden Restaurants, Inc. (Rogers, James)
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Filing 25
NOTICE of Service of Request for Production by Darden Restaurants, Inc. (Rogers, James)
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Filing 24
NOTICE of Service of Interrogatories by Darden Restaurants, Inc. (Rogers, James)
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Filing 23
Defendant's, Darden Restaurants, Inc. ANSWER to #1 Complaint, with Jury Demand by Darden Restaurants, Inc..(Rogers, James)
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DOCKET ANNOTATION as to [23-27]: Wrong Division listed is style of case. Attorney is directed to correct the error in future filings to read: Eastern Division. (LDR)
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Filing 22
ORDER denying without prejudice United Wisconsin Insurance Company, Inc.'s #6 Motion to Intervene. Signed by District Judge Halil S. Ozerden on August 3, 2021. (ENW)
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Filing 21
NOTICE of Appearance by Sara Elizabeth Budslick on behalf of Darden Restaurants, Inc. (Budslick, Sara)
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Filing 20
NOTICE of Appearance by James Scott Rogers on behalf of Darden Restaurants, Inc. (Rogers, James)
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Filing 19
Letter sent to Chelsey Mitchell Edgerly, William F. Smith, II and Randall Stark Haynes on August 2, 2021, requesting PHV motion, proposed order and fee. (LDR)
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Filing 18
Case transferred in from District of Alabama Middle; Case Number 3:20-cv-00746. Original file certified copy of transfer order and docket sheet received.
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Filing 17
MEMORANDUM OPINION AND ORDER: it is ORDERED that, pursuant to 28 USC 1404(a), the #7 motion to transfer venue is GRANTED, and this case is transferred to the Southern District of Mississippi; The Clerk Is DIRECTED to take the necessary steps to effectuate the transfer of this case to the Southern District of Mississippi. Signed by Chief Judge Emily C. Marks on 7/30/2021. (bes, ) [Transferred from Alabama Middle on 7/30/2021.]
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Case transferred to Southern District of Mississippi; ELECTRONICALLY transferred via CM/ECF to Clerk. (No PDF attached to this entry) (bes, ) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 16
RESPONSE in Opposition re #7 MOTION to Dismiss For Improper Venue or Transfer MOTION to Change Venue filed by Beverly Wiggins, Edward F. Wiggins. (Attachments: #1 Affidavit Ex A)(Haynes, Randall) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 15
MEMORANDUM OPINION AND ORDER: it is hereby ORDERED as follows: 1) The Def's motion to dismiss for improper venue or, in the alternative, transfer venue, (doc. #7 ), is DENIED. 2) It is further ORDERED that on or before 6/16/2021 the Parties shall show cause why the case should not be transferred to the Southern District of Mississippi Eastern Division, as further set out in order. Signed by Chief Judge Emily C. Marks on 6/2/2021. (Attachments: #1 Civil Appeals Checklist)(cwl, ) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 14
REPLY to Response to Motion re #7 MOTION to Dismiss For Improper Venue or Transfer MOTION to Change Venue filed by Darden Restaurants, Inc.. (Smith, William) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 13
RESPONSE in Opposition re #7 MOTION to Dismiss or Transfer Action Bases on Improper Venue MOTION to Change Venue filed by Beverly Wiggins, Edward F. Wiggins. (Attachments: #1 Affidavit Exhibit A)(Haynes, Randall) Modified on 11/5/2020 to clarify the docket text (bes, ). [Transferred from Alabama Middle on 7/30/2021.]
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Filing 12
Corporate/Conflict Disclosure Statement by United Wisconsin Insurance Company, Inc. re #8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Quinlivan, Lawrence) Modified on 11/2/2020 to add the link to the #8 notice (wcl, ). [Transferred from Alabama Middle on 7/30/2021.]
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Filing 11
ORDER: Now pending before the Court are the Defendant's motion to dismiss for improper venue or, in the alternative, transfer venue (doc. #7 ) and Movant's motion to intervene (doc. #6 ) both filed on October 22, 2020. Upon consideration of the motions, and for good cause, it is ORDERED that on or before November 6, 2020, the Plaintiffs shall show cause why the motions should not be granted. It is further ORDERED that the Defendant and the Movant may file a reply to the Plaintiff's response on or before November 13, 2020. Signed by Chief Judge Emily C. Marks on 10/23/2020. (kh, ) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 10
Corporate/Conflict Disclosure Statement by Darden Restaurants, Inc #9 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Smith, William) Modified on 10/26/2020 to add the link to the #9 notice (wcl, ). [Transferred from Alabama Middle on 7/30/2021.]
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Filing 9
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Defendant Darden Restaurants, Inc.; Corporate Disclosures due by 11/2/2020. (Attachments: #1 Corporate/Conflict Disclosure Attachment)(amf, ) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 8
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Movant United Wisconsin Insurance Company, Inc.; Corporate Disclosures due by 11/2/2020. (Attachments: #1 Corporate/Conflict Disclosure Attachment)(amf, ) [Transferred from Alabama Middle on 7/30/2021.]
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***PURSUANT TO THE #7 MOTION - Attorney Chelsey Mitchell Edgerly for Defendant Darden Restaurants, Inc. added. (No PDF attached to this entry) (amf, ) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 7
MOTION to Dismiss for Improper Venue or, in the Alternative, MOTION to Transfer Venue by Darden Restaurants, Inc.. (Smith, William). Added MOTION to Transfer Venue on 10/22/2020 (amf, ). [Transferred from Alabama Middle on 7/30/2021.]
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Filing 6
MOTION to Intervene by United Wisconsin Insurance Company, Inc.. (Quinlivan, Lawrence) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 5
Case Reassigned to Chief Judge Emily C. Marks as presiding judge and Honorable Judge Stephen Michael Doyle as referral judge; Honorable Judge Stephen Michael Doyle no longer assigned to the case as presiding judge. (wcl, ) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 4
Summons Issued as to Darden Restaurants, Inc.; mailed by CMRRR with copy of #1 Complaint & #2 Conflict Disclosure Statement. (amf, ) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 3
NOTICE of Assignment to Magistrate Judge sent to counsel for Beverly Wiggins, Edward F. Wiggins. (wcl, ) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 2
Corporate/Conflict Disclosure Statement by Beverly Wiggins, Edward F. Wiggins. (wcl, ) [Transferred from Alabama Middle on 7/30/2021.]
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Filing 1
COMPLAINT against Darden Restaurants, Inc. (Filing fee $ 400.00 receipt number 4602059459.), filed by Edward F. Wiggins, Beverly Wiggins. (Attachments: #1 Civil Cover Sheet, #2 Receipt) (wcl, ) [Transferred from Alabama Middle on 7/30/2021.]
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DEMAND for Trial by Jury by Beverly Wiggins, Edward F. Wiggins. (No pdf attached to this entry - See doc #1 for pdf) (wcl, ) [Transferred from Alabama Middle on 7/30/2021.]
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