Hughes v. K-V Pharmaceutical Company

Justia Dockets & Filings Eighth Circuit Missouri Eastern District Hughes v. K-V Pharmaceutical Company

Hughes v. K-V Pharmaceutical Company

Plaintiff:	Melissa Hughes
Defendant:	K-V Pharmaceutical Company
Case Number:	4:2011cv02044
Filed:	November 23, 2011
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - County
Presiding Judge:	Thomas C. Mummert
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	None

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Date Filed	Document Text
March 26, 2012	Filing 20 MEMORANDUM AND ORDER. (see order for details) Plaintiff will be granted seven days, up to and including April 2, 2012, within which to withdraw her motion to amend her complaint and for remand. Plaintiff is expressly cautioned that a failure to do so will be interpreted as a stipulation to the three conditions set forth by K-V as a basis for its failure to object to a remand and that the doctrine of judicial estoppel will foreclose any change in position on the three conditions when again in s tate court. Should Plaintiff fail to withdraw her motion to amend her complaint and for remand on or before April 2, 2012, her motion will be granted and her case will be remanded on the basis that she has agreed to K-V's three conditions. (Response to Court due by 4/2/2012.) Signed by Magistrate Judge Thomas C. Mummert, III on 03/26/2012. (CBL)

Date Filed

Document Text

March 26, 2012

Filing 20 MEMORANDUM AND ORDER. (see order for details) Plaintiff will be granted seven days, up to and including April 2, 2012, within which to withdraw her motion to amend her complaint and for remand. Plaintiff is expressly cautioned that a failure to do so will be interpreted as a stipulation to the three conditions set forth by K-V as a basis for its failure to object to a remand and that the doctrine of judicial estoppel will foreclose any change in position on the three conditions when again in s tate court. Should Plaintiff fail to withdraw her motion to amend her complaint and for remand on or before April 2, 2012, her motion will be granted and her case will be remanded on the basis that she has agreed to K-V's three conditions. (Response to Court due by 4/2/2012.) Signed by Magistrate Judge Thomas C. Mummert, III on 03/26/2012. (CBL)

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Plaintiff: Melissa Hughes
Represented By:	John J. Pawloski
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Defendant: K-V Pharmaceutical Company
Represented By:	Christopher J. Valeriote
Represented By:	Gerard K. Rodriguez
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