Morningstar v. Kroger Company
Plaintiff: General Akecheta Morningstar
Defendant: Kroger Company
Case Number: 3:2020cv00424
Filed: June 25, 2020
Court: US District Court for the Southern District of Mississippi
Office: Northern (Jackson) Office
Presiding Judge: Linda R Anderson
Referring Judge: Henry T Wingate
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2020 Filing 60 NOTICE of Service of Request for Production by Akecheta Morningstar. (Attachments: #1 Envelope)(KNS)
July 30, 2020 Filing 59 NOTICE of Service of Second Set of Interrogatories by Akecheta Morningstar. (Attachments: #1 Envelope)(KNS)
July 30, 2020 Filing 58 NOTICE of Service of First Set of Interrogatories by Akecheta Morningstar. (Attachments: #1 Envelope)(KNS)
July 29, 2020 Opinion or Order Filing 57 CASE MANAGEMENT ORDER: Jury Trial set for 7/19/2021 09:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate ; Pretrial Conference set for 6/11/2021 09:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate ; Discovery due by 2/11/2021 ; Motions for Amended Pleadings due by 8/27/2020; Motions for Joinder of Parties due by 8/27/2020 ; Designate Experts Plaintiff Deadline due by 11/6/2020; Designate Experts for Defendant Deadline due by 12/7/2020 ; Motions due by 2/19/2021 ; Settlement Conference set for 1/26/2021 02:00 PM in Chambers 6.150 (Jackson) Anderson before Magistrate Judge Linda R. Anderson; ADR Report due by 6/4/2021. Signed by Magistrate Judge Linda R. Anderson on 7/29/2020 (Lewis, Nijah)
July 28, 2020 Minute Entry for proceedings held before Magistrate Judge Linda R. Anderson: Telephonic Case Management Conference held on 7/28/2020. Participants: Akechete Morningstar, Audray Johnson, Silas McCharen and John Kelly. The Court spoke with Plaintiff and counsel. Order to be entered. (Copy of Minute Entry being mailed along the NEF generated therefrom is being mailed to Plaintiff at: Akecheta Morningstar 109 Colonial Cir. Jackson, MS 39211 ) (Lewis, Nijah)
July 9, 2020 Filing 56 Defendant's ANSWER to #1 Complaint of Plaintiff by Kroger Company.(Whittaker - PHV, Faith)
July 7, 2020 Filing 55 MOTION for Faith C. Whittaker to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4314001) by Kroger Company (Attachments: #1 Exhibit A - Certificate of Good Standing)(McCharen, Silas)
July 7, 2020 Opinion or Order TEXT ONLY ORDER granting #54 Motion to Appear Pro Hac Vice; granting #55 Motion to Appear Pro Hac Vice. Jonathan M. Kelly and Faith C. Whittaker are admitted pro hac vice in this case on behalf of Defendant Kroger Company in association with local counsel and upon payment of the pro hac admission fee and registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge Linda R. Anderson on 7/7/20 (Lewis, Nijah)
July 6, 2020 Filing 54 MOTION for Jonathan M. Kelly to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4313755) by Kroger Company (Attachments: #1 Exhibit A - Certificate of Good Standing)(McCharen, Silas)
June 26, 2020 Filing 53 Rule 16(a) Initial Order Telephonic Case Management Conference set for 7/28/2020 09:30 AM before Magistrate Judge Linda R. Anderson. In cases involving a pro se plaintiff, it shall be the responsibility of counsel for the defendant to set up the conference call at the scheduled time. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to anderson_chambers@mssd.uscourts.gov. Counsel for Defendant shall initiate the conference call; and once all parties are on the line, contact the Court at 601-608-4440. (Lewis, Nijah)
June 25, 2020 Filing 52 Case transferred in from District of Mississippi Northern; Case Number 3:20-cv-00030. Original file certified copy of transfer order and docket sheet received.
June 25, 2020 Opinion or Order Filing 51 ORDER granting #15 Motion to Change Venue. Signed by Senior Judge Neal B. Biggers on 6/25/2020. (llw) [Transferred from Mississippi Northern on 6/25/2020.]
June 25, 2020 Case Transferred to District of Southern Mississippi. Case transferred via ECF. CASE CLOSED. (jla) [Transferred from Mississippi Northern on 6/25/2020.]
June 17, 2020 Filing 50 NOTICE OF SERVICE of Second Set of Interrogatories to Defendant. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
June 15, 2020 Filing 49 NOTICE OF SERVICE of First Set of Interrogatories to Defendant. (tab) [Transferred from Mississippi Northern on 6/25/2020.]
June 8, 2020 Filing 48 NOTICE OF SERVICE of Initial Disclosures by Silas W. McCharen on behalf of Kroger Company to Plaintiff. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
June 2, 2020 Opinion or Order Filing 47 ORDER Governing Pretrial Conference and Preparation of Final Pretrial Order. Signed by Magistrate Judge Jane M. Virden on 6/2/2020. (irw) [Transferred from Mississippi Northern on 6/25/2020.]
June 2, 2020 Filing 46 NOTICE of Conference: Final Pretrial Conference set for 4/15/2021 at 10:00 AM in Judge Virden's Chambers before Magistrate Judge Jane M. Virden. Jointly proposed Pretrial Order due no later than seven (7) days prior to the conference. (irw) [Transferred from Mississippi Northern on 6/25/2020.]
June 2, 2020 Filing 45 NOTICE of Trial: MVD Jury Trial set for 5/17/2021 09:30 AM in Oxford Courtroom 3 West before Senior Judge Neal B. Biggers. (kbt) [Transferred from Mississippi Northern on 6/25/2020.]
June 1, 2020 Filing 44 NOTICE OF SERVICE of Request for Production of Documents by Plaintiff. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
June 1, 2020 Filing 43 NOTICE OF SERVICE of Initial Disclosures of Plaintiff. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
May 29, 2020 Opinion or Order Filing 42 CASE MANAGEMENT ORDER: Final Pretrial Conference set for 4/15/2021 at 10:00 AM in Judge Virden's Chambers before Magistrate Judge Jane M. Virden. Discovery due by 11/27/2020. Amendments/Joinder of Parties due by 6/30/2020. Plaintiffs Designation of Experts due by 8/26/2020. Defendants Designation of Experts due by 9/25/2020. Motions due by 1/4/2021. Signed by Magistrate Judge Jane M. Virden on 5/29/2020. (irw) [Transferred from Mississippi Northern on 6/25/2020.]
May 28, 2020 Filing 41 Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Case Management Conference held on 5/28/2020. (irw) [Transferred from Mississippi Northern on 6/25/2020.]
May 13, 2020 Opinion or Order Filing 40 ORDER granting #32 Motion to Strike. Signed by Magistrate Judge Jane M. Virden on 5/13/20. (ncb) [Transferred from Mississippi Northern on 6/25/2020.]
May 13, 2020 Opinion or Order TEXT ONLY ORDER striking #30 Motion for Sanctions in accordance with Order #40 . No further written order will issue on the motion. Signed by Magistrate Judge Jane M. Virden on 5/13/20. (ncb)(no document attached) [Transferred from Mississippi Northern on 6/25/2020.]
May 11, 2020 Filing 39 *****STRICKEN PURSUANT TO ORDER #40 ***** RESPONSE in Opposition re #30 MOTION for Sanctions, #32 MOTION to Strike filed by Akecheta Morningstar. (jla) Modified on 5/14/2020 (jla). [Transferred from Mississippi Northern on 6/25/2020.]
May 6, 2020 Filing 38 ACKNOWLEDGMENT OF RECEIPT re #35 Notice of Conference. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
May 4, 2020 Filing 37 NOTICE of Pro Se Consent to Receive Documents Electronically (jtm) [Transferred from Mississippi Northern on 6/25/2020.]
May 4, 2020 Filing 36 ACKNOWLEDGMENT OF RECEIPT re #34 Order on Motion to Continue. (jtm) [Transferred from Mississippi Northern on 6/25/2020.]
April 30, 2020 Filing 35 NOTICE of Conference: Case Management Conference RESET for 5/28/2020 at 03:00 PM before Magistrate Judge Jane M. Virden. (irw) [Transferred from Mississippi Northern on 6/25/2020.]
April 29, 2020 Opinion or Order Filing 34 ORDER denying #25 Motion to Continue case management conference. Signed by Magistrate Judge Jane M. Virden on 4/29/2020. (tab) [Transferred from Mississippi Northern on 6/25/2020.]
April 29, 2020 Filing 33 MEMORANDUM IN SUPPORT re #32 MOTION to Strike #30 MOTION for Sanctions filed by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
April 29, 2020 Filing 32 MOTION to Strike #30 MOTION for Sanctions by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
April 27, 2020 Filing 31 *****STRICKEN PURSUANT TO ORDER #40 ***** MEMORANDUM IN SUPPORT re #30 MOTION for Sanctions. (jtm) Modified on 5/14/2020 (jla). [Transferred from Mississippi Northern on 6/25/2020.]
April 27, 2020 Filing 30 *****STRICKEN PURSUANT TO ORDER #40 ***** MOTION for Sanctions by Akecheta Morningstar. (jtm) Modified on 5/14/2020 (jla). [Transferred from Mississippi Northern on 6/25/2020.]
April 23, 2020 Filing 29 REPLY to Response to Motion re #25 MOTION to Continue Case Management Conference filed by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
April 23, 2020 Filing 28 RESPONSE in Opposition re #25 MOTION to Continue Case Management Conference filed by Akecheta Morningstar. (tab) [Transferred from Mississippi Northern on 6/25/2020.]
April 22, 2020 Filing 27 REPLY to Response to Motion re #15 MOTION to Change Venue Transfer Rebuttal in Support of Motion to Transfer Venue filed by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
April 16, 2020 Filing 26 MEMORANDUM IN SUPPORT re #25 MOTION to Continue Case Management Conference filed by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
April 16, 2020 Filing 25 MOTION to Continue Case Management Conference by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
April 15, 2020 Filing 24 RESPONSE to Motion re #17 MOTION To Change Venue Response in Partial Opposition to Plaintiff's Motion to Change Venue filed by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
April 15, 2020 Filing 23 MEMORANDUM IN SUPPORT re #22 Response to Motion re #13 MOTION To Transfer Venue Response in Partial Opposition to Transfer Venue filed by Kroger Company. (McCharen, Silas) Modified on 4/21/2020 (jla). [Transferred from Mississippi Northern on 6/25/2020.]
April 15, 2020 Filing 22 RESPONSE to Motion re #13 MOTION Transfer Venue In Partial Opposition filed by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
April 15, 2020 Filing 21 RESPONSE in Opposition re #15 MOTION to Change Venue Transfer filed by Akecheta Morningstar. (tab) [Transferred from Mississippi Northern on 6/25/2020.]
April 13, 2020 Filing 20 ACKNOWLEDGMENT OF RECEIPT re #11 Initial Order - Rule 16.1. (tab) [Transferred from Mississippi Northern on 6/25/2020.]
April 9, 2020 Filing 19 MOTION To Appropriately Rename Previously Filed Motion and Memorandum by Akecheta Morningstar. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
April 9, 2020 Filing 18 MEMORANDUM IN SUPPORT re #17 MOTION To Change Venue filed by Akecheta Morningstar. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
April 9, 2020 Filing 17 MOTION To Change Venue by Akecheta Morningstar. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
April 9, 2020 Filing 16 MEMORANDUM IN SUPPORT re #15 MOTION to Change Venue Transfer filed by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
April 9, 2020 Filing 15 MOTION to Change Venue Transfer by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
April 8, 2020 Filing 14 MEMORANDUM IN SUPPORT re #13 MOTION Transfer Venue filed by Akecheta Morningstar. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
April 8, 2020 Filing 13 MOTION To Transfer Venue by Akecheta Morningstar. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
April 6, 2020 Filing 12 RESPONSE in Opposition re #9 MOTION to Dismiss for Improper Venue filed by Akecheta Morningstar. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
April 6, 2020 Opinion or Order Filing 11 INITIAL ORDER - RULE 16.1: Case Management Conference set for 5/4/2020 at 10:00 AM before Magistrate Judge Jane M. Virden. Signed by Magistrate Judge Jane M. Virden on 4/6/2020. (irw) [Transferred from Mississippi Northern on 6/25/2020.]
March 27, 2020 Filing 10 MEMORANDUM IN SUPPORT re #9 MOTION to Dismiss for Improper Venue filed by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
March 27, 2020 Filing 9 MOTION to Dismiss for Improper Venue by Kroger Company. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
March 27, 2020 Filing 8 CORPORATE STATEMENT Defendant The Kroger Company's Corporate Disclosure Statement. (McCharen, Silas) [Transferred from Mississippi Northern on 6/25/2020.]
March 17, 2020 Filing 7 SUMMONS Returned Executed Kroger Company served on 3/9/2020. (tab) [Transferred from Mississippi Northern on 6/25/2020.]
March 9, 2020 Filing 6 ACKNOWLEDGMENT OF RECEIPT re #4 Order on Motion to Proceed in forma pauperis. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
March 2, 2020 Filing 5 Summons Issued as to Kroger Company; forwarded to US Marshal for service. (jla) [Transferred from Mississippi Northern on 6/25/2020.]
March 2, 2020 Opinion or Order Filing 4 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The Clerk shall issue process for the defendant named in the complaint. Signed by Magistrate Judge Jane M. Virden on 3/2/20. (ncb) [Transferred from Mississippi Northern on 6/25/2020.]
January 27, 2020 Filing 3 NOTICE OF ASSIGNMENT. Case assigned to Judge Biggers and Magistrate Judge Virden. (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
January 27, 2020 Filing 2 MOTION to Proceed in forma pauperis by Akecheta Morningstar. (Attachments: #1 Attachments) (jwr) [Transferred from Mississippi Northern on 6/25/2020.]
January 27, 2020 Filing 1 COMPLAINT, Jury Demand, filed by Akecheta Morningstar. (Attachments: #1 Attachments, #2 Civil Cover Sheet) (jwr) [Transferred from Mississippi Northern on 6/25/2020.]

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Defendant: Kroger Company
Represented By: Silas W. McCharen
Represented By: Faith C. Whittaker - PHV
Represented By: Jonathan M. Kelly - PHV
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Plaintiff: General Akecheta Morningstar
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