Byars et al v. Walmart, Inc. et al
| Jovan Byars, Sr. and Stephanie Byars |
| Walmart Real Estate Business Trust and Walmart, Inc. |
| 8:2024cv00320 |
| August 15, 2024 |
| US District Court for the District of Nebraska |
| Michael D Nelson |
| Robert F Rossiter |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Defendant |
Docket Report
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Filing 14
CASE CONFERENCE INSTRUCTIONS - WebEx. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Michael D. Nelson. (TCL)
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Filing 13
SCHEDULING ORDER - Rule 26 Meeting Report Deadline set for 11/13/2024.Ordered by Magistrate Judge Michael D. Nelson. (TCL)
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| Filing 12 ANSWER to Complaint by Walmart Real Estate Business Trust, Walmart, Inc. (Schmidt, Kiley) |
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Filing 11
MEMORANDUM AND ORDER that defendants WalMart, Inc., WalMart Claims Services, Inc., and the WalMart Real Estate Business Trusts partial Motion to Dismiss (Filing No. #6 ) is granted in part and denied in part as set forth in this Memorandum and Order. WalMart Claims Services, Inc. is dismissed with prejudice as a party to this action. Plaintiffs Stephanie Byars and Jovan Byars, Sr.'s separate cause of action for storekeepers liability against the remaining defendants is likewise dismissed with prejudice. Their negligence and premises-liability claims remain pending. Ordered by Chief Judge Robert F. Rossiter, Jr. (JSF)
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| Filing 10 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Kiley N. Schmidt on behalf of Defendant Walmart Real Estate Business Trust.(Schmidt, Kiley) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Kiley N. Schmidt on behalf of Defendant Walmart Claims Services, Inc..(Schmidt, Kiley) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Kiley N. Schmidt on behalf of Defendant Walmart, Inc..(Schmidt, Kiley) |
| Filing 7 BRIEF in support of MOTION to Dismiss #6 by Attorney Mark J. Goldsmith on behalf of Defendants Walmart Claims Services, Inc., Walmart Real Estate Business Trust, Walmart, Inc..(Goldsmith, Mark) |
| Filing 6 MOTION to Dismiss by Attorney Mark J. Goldsmith on behalf of Defendants Walmart Claims Services, Inc., Walmart Real Estate Business Trust, Walmart, Inc..(Goldsmith, Mark) |
| Filing 5 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Walmart Real Estate Business Trust. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (JES) |
| Filing 4 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Walmart Claims Services, Inc. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (JES) |
| Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Walmart, Inc. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (JES) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Robert F. Rossiter, Jr. and Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (JES) |
| Filing 1 NOTICE OF REMOVAL with jury demand against All Defendants from District Court of Douglas County, Nebraska, Case number 24-5503 ( Filing fee $ 405, receipt number ANEDC-5143824) with attached state court pleadings, by Attorney Kiley N. Schmidt on behalf of Walmart Claims Services, Inc., Walmart Real Estate Business Trust, Walmart, Inc. (Attachments: #1 Exhibit Complaint, #2 Exhibit Notice of Filing Notice of Removal (state), #3 Exhibit KNS Declaration)(Schmidt, Kiley) |
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