Schmidt et al. v. International Playthings LLC et al
Plaintiff: D. Maria Schmidt and Richaline Dedios
Defendant: Walmart Inc., International Playthings LLC, Epoch Everlasting Play, LLC, Epoch Company, LTD. and Marie Short
Case Number: 1:2019cv00933
Filed: October 3, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: James O Browning
Referring Judge: Laura Fashing
2 Judge: Steven C Yarbrough
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2019 Filing 31 Corporate Disclosure Statement by Walmart Inc. (Harrison, Jeremy)
November 21, 2019 Filing 30 AMENDED NOTICE of Hearing on Motion #18 MOTION to Remand : Motion Hearing set for 12/10/2019 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 20, 2019 Opinion or Order Filing 29 AMENDED INITIAL SCHEDULING ORDER: by District Judge James O. Browning. Rule 16(c) Hearing set for 12/10/2019 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (vv)
November 20, 2019 Filing 28 NOTICE of Hearing on Motion #18 MOTION to Remand , #5 MOTION to Dismiss for Improper Service and Lack of Personal Jurisdiction : Motion Hearing set for 12/10/2019 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 20, 2019 Filing 27 NOTICE by D. Maria Schmidt of Agreed Extension of Time and Pages for Plaintiffs' Reply in Further Support of their Motion to Remand (Kaufman, Justin)
November 19, 2019 Filing 26 RESPONSE in Opposition re #18 MOTION to Remand filed by Epoch Everlasting Play, LLC. (Biehler, Gregory)
November 18, 2019 Filing 25 RESPONSE in Opposition re #18 MOTION to Remand filed by Marie Short, Walmart Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Harrison, Jeremy)
November 7, 2019 Filing 24 CERTIFICATE OF SERVICE by Marie Short, Walmart Inc. of Initial Disclosures (Harrison, Jeremy)
November 7, 2019 Filing 23 Defendant Walmart, Inc.'s ANSWER to Complaint (Notice of Removal) by Walmart Inc.. (Harrison, Jeremy)
November 6, 2019 Filing 22 AMENDED NOTICE OF REMOVAL by Epoch Everlasting Play, LLC Amended Notice of Removal ( Filing Fee - Online Payment) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Biehler, Gregory) Modified on 11/6/2019 (jg).
November 4, 2019 Filing 21 NOTICE by Marie Short, Walmart Inc. re #1 Notice of Removal, Defendants Walmart, Inc. and Marie Short's Joinder in Removal (Attachments: #1 Exhibit A) (Harrison, Jeremy)
November 4, 2019 Filing 20 NOTICE of Voluntary Dismissal as to Epoch Company, LTD. by D. Maria Schmidt (Kaufman, Justin)
November 4, 2019 Filing 19 MEMORANDUM in Support re #18 MOTION to Remand filed by D. Maria Schmidt. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Kaufman, Justin)
November 4, 2019 Filing 18 MOTION to Remand by D. Maria Schmidt. (Kaufman, Justin)
October 30, 2019 Filing 17 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: Nos. 8, 10 and 12. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
October 29, 2019 Opinion or Order Filing 16 INITIAL SCHEDULING ORDER: by District Judge James O. Browning. Rule 16(c) Hearing set for 11/26/2019 at 01:30 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (vv)
October 29, 2019 Opinion or Order Filing 15 ORDER by Magistrate Judge Steven C. Yarbrough VACATING the Scheduling Conference set for 11/19/2019 and all corresponding deadlines. [THIS IS A TEXT ONLY ENTRY - NO DOCUMENTS ARE ATTACHED.] (cm)
October 28, 2019 Filing 14 PLEASE TAKE NOTICE that this case has been reassigned to District Judge James O. Browning as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (aek)
October 22, 2019 Opinion or Order Filing 13 ORDER TO AMEND by Magistrate Judge Steven C. Yarbrough. Defendant Epoch Everlasting Play, LLC shall amend the Notice of Removal to properly allege facts sufficient for diversity jurisdiction, if such allegations can be made in compliance with the dictates of Rule 11 of the Federal Rules of Civil Procedure, no later than November 8, 2019. (cm)
October 17, 2019 Filing 11 Defendant Epoch Everlasting Play LLC ANSWER to Complaint (Notice of Removal) by Epoch Everlasting Play, LLC. (Biehler, Gregory)
October 16, 2019 Filing 9 NOTICE by D. Maria Schmidt Notice of Agreed Extension of Time (Kaufman, Justin)
October 8, 2019 Filing 7 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff D. Maria Schmidt by Justin Ross Kaufman on behalf of: Jack Walker Martin Walker, PC 121 N. Spring Ave.Tyler, TX 75702 903-526-1600 Fax 903-595-0796 jwalker@martinwalkerlaw.com (Association Dues - Online Payment) (Kaufman, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
October 8, 2019 Filing 6 NOTICE by D. Maria Schmidt Notice of Good Standing (Kaufman, Justin)
October 8, 2019 Association Dues Received: $ 100 receipt number 1084-6723311 re: # 7 Association of Attorney Licensed Outside the District, filed by D. Maria Schmidt (Payment made via Pay.gov)(Kaufman, Justin)
October 4, 2019 Filing 5 MOTION to Dismiss for Improper Service and Lack of Personal Jurisdiction by Epoch Company, LTD.. (Croasdell, Jeffrey)
October 4, 2019 Opinion or Order Filing 4 INITIAL SCHEDULING ORDER by Magistrate Judge Steven C. Yarbrough. Telephonic Scheduling Conference set for 11/19/2019 at 01:30 PM. The parties shall call the AT&T Conference line at (888) 808-6929, Access Code: 8865421, to connect to the proceedings. Joint Status report due by 11/08/2019. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 10/25/2019. (cm)
October 4, 2019 Filing 3 APPENDIX/SUPPLEMENT re #1 Notice of Removal, by Epoch Everlasting Play, LLC (Attachments: #1 Appendix) (Biehler, Gregory)
October 4, 2019 Filing and Administrative Fees Received: $ 400 receipt number 1084-6716288 re #1 Notice of Removal, (Payment made via Pay.gov)(Biehler, Gregory)
October 3, 2019 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
October 3, 2019 Filing 1 NOTICE OF REMOVAL by Epoch Everlasting Play LLC from First Judicial District Court Santa Fe, case number D-101-CV-2019-02217. ( Filing Fee - Online Payment), filed by Epoch Everlasting Play LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit)(Biehler, Gregory)
October 3, 2019 United States Magistrate Judge Laura Fashing and United States Magistrate Judge Steven C. Yarbrough assigned. (arp)

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Search for this case: Schmidt et al. v. International Playthings LLC et al
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Plaintiff: D. Maria Schmidt
Represented By: Rosalind Bienvenu
Represented By: Justin Ross Kaufman
Represented By: John F Walker
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Plaintiff: Richaline Dedios
Represented By: Rosalind Bienvenu
Represented By: Justin Ross Kaufman
Represented By: John F Walker
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Defendant: Walmart Inc.
Represented By: Jeremy K. Harrison
Represented By: Kevin D Pierce
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Defendant: International Playthings LLC
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Defendant: Epoch Everlasting Play, LLC
Represented By: Gregory L. Biehler
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Defendant: Epoch Company, LTD.
Represented By: Jeffrey M. Croasdell
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Defendant: Marie Short
Represented By: Jeremy K. Harrison
Represented By: Kevin D Pierce
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