ALSTON v. WHOLE FOODS MARKET GROUP, INC. et al
Plaintiff: TERESA ALSTON
Defendant: WHOLE FOODS MARKET GROUP, INC., JOHN DOES I-X, ABC EMPLOYER I-X and ABC CORP. I-X
Cross Defendant: VNO BERGEN MALL, LLC
Case Number: 2:2021cv09733
Filed: April 19, 2021
Court: US District Court for the District of New Jersey
Presiding Judge: Madeline Cox Arleo
Referring Judge: Michael A Hammer
2 Judge: Julien Xavier Neals
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal- Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 6, 2023 Opinion or Order Filing 34 LETTER ORDER granting #33 Plaintiff's Request to adjourn the deadline for the Joint Pre-Trial order for one (1) week until Monday, 9/11/2023. Signed by Magistrate Judge Michael A. Hammer on 9/6/2023. (dam)
September 5, 2023 Filing 33 Letter. (EPSTEIN, DANIEL)
August 24, 2023 Opinion or Order Filing 32 TEXT ORDER - The Court is in receipt of Defendant Whole Foods Market Group, Inc.s motion to preclude Plaintiffs medical bills. (ECF No. #31 .) Defendants motion is premature. Such motions are more appropriately the subject of motions in limine to be decided by the Court at the time of trial, if necessary. Accordingly, the motion is DENIED without prejudice. Defendant may re-file the motion at the time set by the Court during the Final Pretrial Conference to file in limine motions. Signed by Judge Julien Xavier Neals on 8/24/2023. (kd)
August 15, 2023 Filing 31 MOTION to Preclude the introduction of medical bills from Bellapianta Orthopaedics & Sports Medicine by WHOLE FOODS MARKET GROUP, INC.. (Attachments: #1 Brief, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Exhibit "D", #6 Exhibit "E", #7 Exhibit "F", #8 Exhibit "G", #9 Text of Proposed Order, #10 Certificate of Service)(WUTZ, JOHN)
August 15, 2023 Set Deadlines as to #31 MOTION to Preclude the introduction of medical bills from Bellapianta Orthopaedics & Sports Medicine . Motion set for 9/18/2023 before Judge Julien Xavier Neals. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam)
May 25, 2023 Opinion or Order Filing 30 TEXT ORDER: In light of counsel's request #29 , the Settlement Conference and Final Pretrial Conference on 6/2/2023 is adjourned to 9/19/2023 at 11:00 a.m. via Zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. The parties shall jointly file and mail a tabbed courtesy copy of the proposed final pretrial order 9/5/2023. Any scheduling conflict must be brought to the Court's attention by 6/26/2023. Do not submit any new settlement memos. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 5/25/2023. (jqb, )
May 23, 2023 Filing 29 Letter from John Wutz re: adjournment. (WUTZ, JOHN)
April 21, 2023 Opinion or Order Filing 28 TEXT ORDER: The Settlement Conference and Final Pretrial Conference set for 4/28/2023 at 11:00 a.m. is adjourned to June 2, 2023 at 11:00 a.m. It will now be held via Zoom and the Zoom link will be emailed to counsel in advance of the conference. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. The parties shall jointly file and mail a tabbed courtesy copy of the proposed final pretrial order by 5/25/2023. Any scheduling conflict must be brought to the Court's attention by 4/28/2023. Do not submit any new settlement memos. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 4/21/23. (tad)
April 20, 2023 Filing 27 Letter from John Wutz re: adjournment. (WUTZ, JOHN)
April 19, 2023 Filing 26 Letter. (EPSTEIN, DANIEL)
January 19, 2023 Opinion or Order Filing 25 TEXT ORDER: In-Person Settlement Conference and Final Pretrial Conference set for 4/28/2023 at 11:00 a.m. in Courtroom 2C. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference in person, with no exceptions. The parties shall jointly file and mail a tabbed courtesy copy of the proposed final pretrial order by 4/21/2023. Any scheduling conflict must be brought to the Court's attention by 2/24/2023. Do not submit any new settlement memos. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 1/19/2023. (jqb, )
January 19, 2023 Remark: District Judge Julien Xavier Neals' final pretrial order was emailed to counsel. (jqb, )
January 18, 2023 Filing 24 AFFIDAVIT of Counsel by WHOLE FOODS MARKET GROUP, INC.. (WUTZ, JOHN)
January 12, 2023 Filing 23 Notice of Call for dismissal Pursuant to L.Civ.R. 41.1(a). Motion set for 1/23/2023 before Judge Julien Xavier Neals. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kd)
August 26, 2022 Opinion or Order Filing 22 AMENDED SCHEDULING ORDER setting deadline for any party to file a Motion for Summary Judgment. Summary Judgment Motions due by 11/30/2022. Signed by Magistrate Judge Michael A. Hammer on 8/26/2022. (dam)
August 25, 2022 Filing 21 STATUS REPORT by WHOLE FOODS MARKET GROUP, INC.. (WUTZ, JOHN)
August 11, 2022 Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Settlement Conference held on 8/11/2022. (jqb, )
August 11, 2022 Opinion or Order Filing 20 TEXT ORDER: As discussed at the conclusion of the August 11, 2022 settlement conference, counsel will meet and confer on the Plaintiff's production of any outstanding medical records, including bills, to Defense counsel. On or before August 25, 2022, the parties will submit a joint status report that includes: (1) a deadline to depose expert witnesses, and (2) a deadline for each party to either file a motion for summary judgment or notify the Court that it does not intend to do so. So Ordered by Magistrate Judge Michael A. Hammer on 8/11/2022. (MAH)
May 23, 2022 Opinion or Order Filing 19 TEXT ORDER: The Settlement Conference on 5/24/2022 is adjourned to 8/11/2022 at 2:30 p.m via Zoom. In addition to and wholly separate from counsel, individual clients with full settlement authority are required to attend the conference via Zoom. Each party may submit an updated confidential settlement memorandum on or before 8/4/2022, limited to five (5) double-spaced pages and only those exhibits that are absolutely necessary for the conference to njdnef_hammer@njd.uscourts.gov. The Court requests that any submissions containing multiple exhibits be tabbed and sent via mail or overnight delivery. Please mark your calendar accordingly. So Ordered by Magistrate Judge Michael A. Hammer on 5/23/2022. (bt)
May 20, 2022 Opinion or Order Filing 18 TEXT ORDER: Each party must submit a confidential settlement memorandum by close of business today, limited to five (5) double-spaced pages and only those exhibits that are absolutely necessary for the conference to njdnef_hammer@njd.uscourts.gov. The Court requests that any submissions containing multiple exhibits be tabbed and sent via overnight delivery today. So Ordered by Magistrate Judge Michael A. Hammer on 5/20/2022. (jqb, ) Modified on 5/20/2022 (jqb, ).
March 9, 2022 Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 3/9/2022. (jqb, )
March 9, 2022 Opinion or Order Filing 17 TEXT ORDER: There will be a settlement conference in this matter, via Zoom, on May 24, 2022, at 11:00 a.m. In addition to counsel, clients or their representatives must appear for the conference. If either side has a conflict with this date, please advise the Court within 10 days of the date of this Order. Each party shall submit a confidential settlement memorandum to the Court via email to njdnef_hammer@njd.uscourts.gov, not to exceed five double-spaced pages (not including exhibits), at least five days before the settlement conference. The Court requests that any memorandum containing multiple exhibits be tabbed and sent via mail or overnight delivery. So Ordered by Magistrate Judge Michael A. Hammer on 3/9/22. (tad)
October 13, 2021 Opinion or Order Filing 16 TEXT ORDER: In light of the amended scheduling order, the Telephone Status Conference on 11/15/2021 is cancelled. The Telephone Status Conference on 3/9/2022 shall proceed as scheduled. So Ordered by Magistrate Judge Michael A. Hammer on 10/13/2021. (jqb, )
October 12, 2021 Opinion or Order Filing 15 TEXT ORDER: Telephone Status Conference set for 3/9/2022 at 3:00 p.m. before Magistrate Judge Michael A. Hammer. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. So Ordered by Magistrate Judge Michael A. Hammer on 10/12/2021. (jqb, )
October 8, 2021 Opinion or Order Filing 14 AMENDED SCHEDULING ORDER. etc. Signed by Magistrate Judge Michael A. Hammer on 10/8/2021. (ams, )
October 7, 2021 Filing 13 MOTION for Extension of Time to Complete Discovery by WHOLE FOODS MARKET GROUP, INC.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service, #3 Exhibit, #4 Exhibit, #5 Exhibit)(WUTZ, JOHN)
October 5, 2021 Filing 12 Letter from Daniel Epstein re 11 Order,, #10 Letter. (EPSTEIN, DANIEL)
September 24, 2021 Opinion or Order Filing 11 TEXT ORDER: The Court has reviewed the Defendant's September 22, 2021 letter [D.E. 10]. Plaintiff must provide the outstanding discovery responses and authorizations to Defense counsel on or before October 8, 2021. No further extensions. On or before October 10, 2021, Plaintiff's counsel shall file a certification attesting to compliance with this Order. The next telephone conference shall proceed as scheduled.. So Ordered by Magistrate Judge Michael A. Hammer on 9/24/2021. (Hammer, Michael)
September 22, 2021 Filing 10 Letter from John M. Wutz. (WUTZ, JOHN)
September 22, 2021 Opinion or Order Filing 9 TEXT ORDER: Per counsel's request #8 , the Telephone Status Conference on 9/28/2021 is adjourned to 11/15/2021 at 10:30 a.m. before Magistrate Judge Michael A. Hammer. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. So Ordered by Magistrate Judge Michael A. Hammer on 9/22/2021. (jqb, )
September 21, 2021 Filing 8 Letter from Daniel N. Epstein, Esq.. (EPSTEIN, DANIEL)
June 30, 2021 Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Scheduling Conference held on 6/30/2021. (jqb, )
June 30, 2021 Opinion or Order Filing 7 TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Julien Xavier Neals for all further proceedings. Judge Madeline Cox Arleo no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 6/30/2021. (smf)
June 30, 2021 Opinion or Order Filing 6 PRETRIAL SCHEDULING ORDER. etc. Signed by Magistrate Judge Michael A. Hammer on 6/30/2021. (ams, )
June 24, 2021 Filing 5 Joint Discovery Plan by WHOLE FOODS MARKET GROUP, INC..(WUTZ, JOHN)
May 7, 2021 Opinion or Order Filing 4 TEXT ORDER: Telephone Scheduling Conference set for 6/30/2021 at 12:30 p.m. before Magistrate Judge Michael A. Hammer. The parties shall electronically file a joint discovery plan by 6/28/2021. Dial 1-888-684-8852 and access code 1456817# to join the conference. So Ordered by Magistrate Judge Michael A. Hammer on 5/7/2021. (jqb, )
April 26, 2021 Filing 3 ANSWER to Complaint , CROSSCLAIM against VNO BERGEN MALL, LLC by WHOLE FOODS MARKET GROUP, INC..(WUTZ, JOHN)
April 19, 2021 Filing 2 Corporate Disclosure Statement by WHOLE FOODS MARKET GROUP, INC.. (WUTZ, JOHN)
April 19, 2021 Filing 1 NOTICE OF REMOVAL by WHOLE FOODS MARKET GROUP, INC. from Superior Court of New Jersey, Middlesex County, case number MID L 526 21. ( Filing and Admin fee $ 402 receipt number ANJDC-12386513), filed by WHOLE FOODS MARKET GROUP, INC.. (Attachments: #1 Affidavit, #2 Certificate of Service, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(WUTZ, JOHN)
April 19, 2021 CASE REFERRED to Arbitration. (ps)
April 19, 2021 Judge Madeline Cox Arleo and Magistrate Judge Michael A. Hammer added. (ps)

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Plaintiff: TERESA ALSTON
Represented By: DANIEL N. EPSTEIN
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Defendant: WHOLE FOODS MARKET GROUP, INC.
Represented By: JOHN MICHAEL WUTZ
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Defendant: JOHN DOES I-X
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Defendant: ABC EMPLOYER I-X
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Defendant: ABC CORP. I-X
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