Wiggins et al v. Darden Restaurants, Inc.
Plaintiff: Edward F. Wiggins and Beverly Wiggins
Defendant: Darden Restaurants, Inc.
Petitioner: United Wisconsin Insurance Company, Inc.
Case Number: 2:2021cv00102
Filed: July 30, 2021
Court: US District Court for the Southern District of Mississippi
Office: Eastern (Hattiesburg) Office
Presiding Judge: John C Gargiulo
Referring Judge: Halil S Ozerden
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2021 Opinion or Order 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 Attorneys William F. Smith, II, and Chelsey M. Edgerly are withdrawn as counsel and terminated from the docket.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)
September 17, 2021 Opinion or Order 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)
September 14, 2021 Opinion or Order Filing 31 Second MOTION to Intervene by United Wisconsin Insurance Company, Inc. (Attachments: #1 Exhibit 1 - Intervener Complaint)(Quinlivan, Lawrence)
September 13, 2021 Opinion or Order Filing 30 MOTION to Withdraw as Attorney , MOTION to Substitute Party by Darden Restaurants, Inc. (Rogers, James)
September 10, 2021 Opinion or Order 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)
September 9, 2021 Opinion or Order 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).
September 8, 2021 Opinion or Order 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)
August 4, 2021 Opinion or Order Filing 27 NOTICE of Service of Request for Production by Darden Restaurants, Inc. (Rogers, James)
August 4, 2021 Opinion or Order Filing 26 NOTICE of Service of Interrogatories by Darden Restaurants, Inc. (Rogers, James)
August 4, 2021 Opinion or Order Filing 25 NOTICE of Service of Request for Production by Darden Restaurants, Inc. (Rogers, James)
August 4, 2021 Opinion or Order Filing 24 NOTICE of Service of Interrogatories by Darden Restaurants, Inc. (Rogers, James)
August 4, 2021 Opinion or Order Filing 23 Defendant's, Darden Restaurants, Inc. ANSWER to #1 Complaint, with Jury Demand by Darden Restaurants, Inc..(Rogers, James)
August 4, 2021 Opinion or Order 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)
August 3, 2021 Opinion or Order 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)
August 3, 2021 Opinion or Order Filing 21 NOTICE of Appearance by Sara Elizabeth Budslick on behalf of Darden Restaurants, Inc. (Budslick, Sara)
August 3, 2021 Opinion or Order Filing 20 NOTICE of Appearance by James Scott Rogers on behalf of Darden Restaurants, Inc. (Rogers, James)
August 2, 2021 Opinion or Order 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)
July 30, 2021 Opinion or Order 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.
July 30, 2021 Opinion or Order 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.]
July 30, 2021 Opinion or Order 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.]
June 16, 2021 Opinion or Order 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.]
June 2, 2021 Opinion or Order 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.]
November 13, 2020 Opinion or Order 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.]
November 5, 2020 Opinion or Order 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.]
November 2, 2020 Opinion or Order 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.]
October 23, 2020 Opinion or Order 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.]
October 23, 2020 Opinion or Order 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.]
October 22, 2020 Opinion or Order 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.]
October 22, 2020 Opinion or Order 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.]
October 21, 2020 Opinion or Order ***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.]
October 21, 2020 Opinion or Order 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.]
October 21, 2020 Opinion or Order Filing 6 MOTION to Intervene by United Wisconsin Insurance Company, Inc.. (Quinlivan, Lawrence) [Transferred from Alabama Middle on 7/30/2021.]
September 18, 2020 Opinion or Order 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.]
September 18, 2020 Opinion or Order 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.]
September 18, 2020 Opinion or Order 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.]
September 15, 2020 Opinion or Order Filing 2 Corporate/Conflict Disclosure Statement by Beverly Wiggins, Edward F. Wiggins. (wcl, ) [Transferred from Alabama Middle on 7/30/2021.]
September 15, 2020 Opinion or Order 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.]
September 15, 2020 Opinion or Order 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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Plaintiff: Edward F. Wiggins
Represented By: Randall Stark Haynes
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Plaintiff: Beverly Wiggins
Represented By: Randall Stark Haynes
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Defendant: Darden Restaurants, Inc.
Represented By: Chelsey Mitchell Edgerly
Represented By: William F Smith, II
Represented By: James Scott Rogers
Represented By: Sara Elizabeth Budslick
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Petitioner: United Wisconsin Insurance Company, Inc.
Represented By: Lawrence Matthew Quinlivan
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