Simmons v. Wal-Mart Stores, Inc. et al
Plaintiff: Shatia Simmons
Defendant: Wal-Mart Stores, Inc., Sam's Club, Sam's Real Estate Business Trust and Wal-Mart Stores, Inc. doing business as Sam's Club
Case Number: 1:2021cv06791
Filed: August 12, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Referring Judge: Jennifer E Willis
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 nr Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2023 Opinion or Order Filing 48 ORDER: On May 26, 2023, the parties stipulated and agreed to dismiss the action with prejudice and without costs to either party as against the other. Dkt. No. 47. The stipulation of voluntary dismissal is approved. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 6/2/2023) (tg)
May 30, 2023 ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #47 Stipulation of Voluntary Dismissal was reviewed and referred to Magistrate Judge Jennifer Willis for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). (km)
May 26, 2023 Filing 47 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs. Document filed by Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc., Sam's Club. Proposed Order to be reviewed by Clerk's Office staff...(O'Connor, Thomas)
May 26, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Thomas O'Connor. RE-FILE Document No. #46 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): The docket entry text needs to match the document. When re-filing do not select that the document is pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). (Your document does not cite to Fed. R. Civ. P. 41(a)(1)(A)(ii)). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)
May 25, 2023 Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc., Sam's Club. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(O'Connor, Thomas) Modified on 5/26/2023 (km).
May 2, 2023 Opinion or Order Filing 45 ORDER granting #44 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 5/2/2023) (tg)
April 28, 2023 Filing 44 LETTER MOTION for Extension of Time addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated April 28, 2023. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
March 31, 2023 Opinion or Order Filing 43 ORDER granting #41 Letter Motion for Extension of Time; granting #42 Letter Motion for Extension of Time. SO ORDERED. The parties have until April 28, 2023 to file their stipulation of discontinuance. (Signed by Magistrate Judge Jennifer E Willis on 3/31/2023) (tg)
March 30, 2023 Filing 42 LETTER MOTION for Extension of Time addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated March 30, 2023. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
March 28, 2023 Filing 41 LETTER MOTION for Extension of Time to File Stipulation of Discontinuance addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated March 28, 2023. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
February 7, 2023 Opinion or Order Filing 40 ORDER: On February 7, 2023, the Parties filed a letter advising the Court that this matter has been settled subject to the written approval of the Workers' Compensation carrier. Dkt No. 39. In light of this, all deadlines and trial are ADJOURNED. The Parties are directed to file either their Stipulation of Discontinuance or a status update letter with the Court by March 31, 2023. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 2/7/2023) (tg)
February 7, 2023 Filing 39 LETTER addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated February 7, 2023 re: Settlement. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
February 7, 2023 Opinion or Order Filing 38 ORDER: The Parties have previously advised the Court that they were likely to attempt mediation in January 2023. Dkt. No. 30. Based on this understanding, trial in this matter was adjourned to February 27, 2023. Dkt. No. 31. Motions in limine are due to the Court by February 14, 2023. Dkt. No. 37. The Parties are directed to file a joint status update letter with the Court by February 10, 2023, advising the Court of the status and outcome of mediation. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 2/7/2023) (tg)
January 11, 2023 Opinion or Order Filing 37 ORDER granting #36 Letter Motion for Extension of Time. The deadline to file any motions in limine is set for February 14, 2023. SO ORDERED. Motions due by 2/14/2023. (Signed by Magistrate Judge Jennifer E Willis on 1/11/2023) (tg)
January 10, 2023 Filing 36 LETTER MOTION for Extension of Time Regarding Motions in Limine addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated January 10, 2023. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
January 10, 2023 Filing 35 JOINT FINAL TRIAL REPORT. Document filed by Shatia Simmons..(Jacobsen, Tiffany)
January 9, 2023 Opinion or Order Filing 34 ORDER: On December 9, 2022, the Parties filed a letter requesting a one-week extension to file their Joint Pre-Trial Order. Dkt. No. 32. This request was based on certain technical difficulties Plaintiff was experiencing at the time. The request was granted, and the deadline extended to December 16, 2022. Dkt. No. 33. No such order was filed on or before that date. The Parties are directed to file the Joint Pre-Trial Order by no later than noon on January 11, 2023. SO ORDERED. ( Pretrial Order due by 1/11/2023.) (Signed by Magistrate Judge Jennifer E Willis on 1/9/2023) (tg)
December 9, 2022 Opinion or Order Filing 33 ORDER granting #32 Letter Motion for Extension of Time - The request for an extension of time is GRANTED. The joint pretrial order is due by December 16, 2022. (HEREBY ORDERED by Magistrate Judge Jennifer E Willis)(Text Only Order)
December 9, 2022 Filing 32 FIRST LETTER MOTION for Extension of Time to file joint pretrial order addressed to Magistrate Judge Jennifer Willis from Tiffany A. Jacobsen Esq. dated December 9, 2022. Document filed by Shatia Simmons..(Jacobsen, Tiffany)
November 30, 2022 Minute Entry: Jury Trial is re-scheduled to begin February 27, 2023. on 11/30/2022. The final pre-trial conference will be held on February 23, 2023, at 10:30 AM via Microsoft Teams. (cda)
November 17, 2022 Opinion or Order Filing 31 ORDER granting #30 Letter Motion for Extension of Time. On November 16, 2022, The Parties filed a letter asking for an extension of the time to file their Proposed Joint Pre-Trial Plan, as well as an adjournment of trial. Dkt. No. 30. The request is GRANTED. The Joint Pre-Trial Order Plan is now due on December 9, 2022. A conference is scheduled for November 30, 2022 at 2:00 PM in order to address new trial dates and the pre-trial schedule more generally. The Parties should dial in to (646) 453-4442; Conference ID 482 157 073#. SO ORDERED. Pretrial Order due by 12/9/2022. (Signed by Magistrate Judge Jennifer E Willis on 11/17/2022) (tg)
November 17, 2022 Set/Reset Hearings: Telephone Conference set for 11/30/2022 at 02:00 PM before Magistrate Judge Jennifer E Willis. (tg)
November 16, 2022 Filing 30 LETTER MOTION for Extension of Time addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated November 16, 2022. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
October 4, 2022 Opinion or Order Filing 29 ORDER: This case has been scheduled to proceed to jury trial on Monday, January 9, 2023 at 9:30 A.M. Accordingly, IT IS ORDERED that the following procedures shall govern the jury trial in this matter: As further set forth by this Order. Prior to Trial: The parties shall submit a Joint Pretrial Order in compliance with Section IV.A. of this Court's Individual Practices on or before Friday, November 18, 2022. On or before Friday, December 9, 2022, each party shall submit any applications for rulings in limine, proposed voir dire questions, proposed verdict forms, as well as the joint requests to charge. Trial in this case is set to begin on Monday, January 9, 2023 at 9:30 A.M., continuing to Friday, January 13, 2023, if necessary. On the first day of trial, counsel must arrive at 9:30 A.M. in Courtroom 228, 40 Foley Square. Plaintiff's first witness on the first trial day must be ready to testify at that time. On all subsequent days, counsel must arrive at the time directed by the Court. If at any time an emergency prevents attendance, counsel should call Chambers immediately at (212) 805-0244. A final Pretrial Conference is scheduled for Friday, January 6, 2023 at 10:30 A.M. on the Court's conference line. The parties are directed to call: (646) 453-4442; Conference ID 541 096 996#, at the scheduled time. SO ORDERED. ( Motions due by 12/9/2022., Pretrial Order due by 11/18/2022., Jury Trial set for 1/9/2023 at 09:30 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Jennifer E Willis., Telephone Conference set for 1/6/2023 at 10:30 AM before Magistrate Judge Jennifer E Willis.) (Signed by Magistrate Judge Jennifer E Willis on 10/4/2022) (tg)
September 30, 2022 Filing 28 Minute Entry: for proceedings held before Magistrate Judge Jennifer E Willis: Scheduling Conference held on 9/30/2022. (cda)
September 14, 2022 Opinion or Order Filing 27 ORDER granting #26 Letter Motion for Conference re: #26 LETTER MOTION for Conference addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated September 12, 2022. On September 12, 2022, Defendants filed a letter stating that they did not intend to move forward with their Rule 56 motion in this case. Dkt. No. 26. A conference for the purpose of establishing pretrial dates and a trial schedule is set for September 29, 2022, at 2:30 PM. The Parties should dial into the Court's Microsoft Teams line by calling (646) 453-4442, Phone Conference ID 425 175 502. SO ORDERED. Telephone Conference set for 9/29/2022 at 02:30 PM before Magistrate Judge Jennifer E Willis. (Signed by Magistrate Judge Jennifer E Willis on 9/14/2022) (tg)
September 12, 2022 Filing 26 LETTER MOTION for Conference addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated September 12, 2022. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
August 31, 2022 Opinion or Order Filing 25 ORDER denying #24 Letter Motion for Conference re: #24 LETTER MOTION for Conference addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated August 29, 2022. On August 29, 2022, Defendants filed a request for a pre-motion conference for a Rule 56 motion in this matter. Dkt. No. 24. The Court does not think a pre-motion conference is necessary. Therefore, the request for a pre-motion conference is DENIED. The Court sets the following briefing schedule for summary judgment: Defendants' Motion for Summary Judgement is due by September 14, 2022. Plaintiff's Response is due by September 28, 2022. Defendants' Reply, if any, is due by October 5, 2022. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 8/31/2022) (tg)
August 31, 2022 Set/Reset Deadlines: Motions due by 9/14/2022. Responses due by 9/28/2022 Replies due by 10/5/2022. (tg)
August 29, 2022 Filing 24 LETTER MOTION for Conference addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated August 29, 2022. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
July 27, 2022 Filing 23 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Sam's Club, Sam's Real Estate Business Trust, Shatia Simmons, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc.. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Jennifer E Willis. (Signed by Judge Katherine Polk Failla on 7/27/2022).(rro)
July 27, 2022 Filing 22 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc.. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
July 20, 2022 Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Settlement Conference held on 7/20/2022. (cda)
June 2, 2022 Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Settlement Conference HELD on 6/2/2022. Settlement conference will continue on 7/20/2022. The conference will be telephonic. Parties can submit additional settlement statements by 7/15/2022 if needed. (cda)
May 25, 2022 Minute Entry Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Settlement Conference was NOT held on 5/19/2022. Conference is RESCHEDULED to take place on 6/2/2022 at 10:30 AM. Conference will be telephonic. (cda)
May 17, 2022 Filing 21 LETTER addressed to Magistrate Judge Jennifer Willis from Tiffany Jacobsen Esq. dated May 17, 2022 re: Plaintiff's Settlement Conference Summary. Document filed by Shatia Simmons..(Jacobsen, Tiffany)
May 16, 2022 Opinion or Order Filing 20 ORDER denying without prejudice #19 Letter Motion for Extension of Time. Application DENIED without prejudice to its renewal. The parties' above letter does not adequately explain why the parties were unable to meet the discovery deadlines in this case or why they waited until the day expert discovery closed to request an extension of those deadlines. The parties shall address these issues in greater detail in any renewed motion for an extension of the discovery deadlines. The Clerk of Court is directed to terminate the motion at docket entry 19. (Signed by Judge Katherine Polk Failla on 5/16/2022) (rro)
May 13, 2022 Filing 19 FIRST MOTION for Extension of Time Expert Discovery. Document filed by Shatia Simmons..(Jacobsen, Tiffany)
May 13, 2022 Filing 18 LETTER addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated May 13, 2022 re: Settlement Conference Summary Report. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
March 10, 2022 Opinion or Order Filing 17 ORDER with respect to #16 Letter Motion for Conference - The Letter Motion is GRANTED. Defendants corporate attorney with decision-making authority may participate in the settlement conference via telephone or video conference. (HEREBY ORDERED by Magistrate Judge Jennifer E Willis)(Text Only Order)
March 9, 2022 Filing 16 LETTER MOTION for Conference on May 19, 2022 to be virtual for Wal-Mart Stores East, LP's Corporate Attorney addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated March 7, 2022. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
March 9, 2022 Filing 15 LETTER addressed to Magistrate Judge Jennifer Willis from Thomas M. O'Connor dated March 7, 2022 re: May 19, 2022 Settlement Conference. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
March 7, 2022 Opinion or Order Filing 14 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for May 19, 2022 at 10:00 AM in Courtroom 228 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with Judge Willis's Individual Practices. Pre-conference submissions must be received by the Court no later than May 12, 2022. SO ORDERED. Settlement Conference set for 5/19/2022 at 10:00 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Jennifer E Willis. (Signed by Magistrate Judge Jennifer E Willis on 3/7/2022) (tg)
March 2, 2022 Opinion or Order Filing 13 ORDER: This case was referred to Magistrate Judge Willis on March 2, 2022 for Settlement. ECF No. 12. The parties are directed to contact Courtroom Deputy Christopher Davis via e-mail at WillisNYSDChambers@nysd.uscourts.gov by March 11, 2022, to provide three mutually agreeable dates for a Settlement Conference. Per the Referring Order, the proposed dates should be in the month of May 2022. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 3/2/2022) (tg)
March 2, 2022 Opinion or Order Filing 12 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Jennifer E Willis. The parties are directed to contact the chambers of Magistrate Judge Jennifer Willis to schedule a settlement conference to occur in the month of May 2022. (Signed by Judge Katherine Polk Failla on 3/2/2022) (rro)
March 2, 2022 Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 3/2/2022. Attorney Tiffany A. Jacobsen representing Plaintiff present. Attorney Thomas M. O'Connor representing Defendants present. Expert discovery is extended to 5/13/2022. The Court will issue a referral order to the Magistrate Judge for settlement purposes. (Court Reporter Khris Sellin) (tn)
March 1, 2022 Opinion or Order Filing 11 ORDER granting #10 Letter Motion for Conference re: #10 FIRST LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Tiffany A. Jacobsen dated 03/01/2022. The Court is in receipt of the parties' above joint status letter. Given the parties' preference to have tomorrow's pre-trial conference held telephonically, the Court hereby CONVERTS the conference to proceed by telephone. At the scheduled date and time, the parties shall call (888) 363- 4749 and enter access code 5123533. The Clerk of Court is directed to terminate the motion at docket entry 10. (Signed by Judge Katherine Polk Failla on 3/1/2022) (rro)
March 1, 2022 Filing 10 FIRST LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Tiffany A. Jacobsen dated 03/01/2022. Document filed by Shatia Simmons..(Jacobsen, Tiffany)
February 8, 2022 Magistrate Judge Jennifer Willis is so redesignated. (vba)
October 26, 2021 Opinion or Order Filing 9 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United Sates Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have not taken place. The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Amended pleadings may not be filed and additional parties may not be joined, except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. [Absent exceptional circumstances, a date not more than 30 days. Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial 30 days after the Joint Pretrial Order is filed. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 3-5 days. By Thursday of the week prior to that conference, the parties shall submit via e-mail {Failla_NYSDChambers@nysd.uscourts.gov) a joint letter, not to exceed three pages, regarding the status of the case. The letter should include the following information in separate paragraphs: as set forth in this order. So Ordered. This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Unless the Court orders otherwise, parties engaged in settlement negotiations must proceed on parallel tracks, pursuing settlement and conducting discovery simultaneously. Parties should not assume that they will receive an extension of an existing deadline if settlement negotiations fail. Any application to modify or extend the dates herein (except as provided in paragraph 8(f)) shall be made in a written application in accordance with the Court's Individual Rules and must be made no fewer than two business days prior to the expiration of the date sought to be extended. Deposition due by 4/11/2022. Fact Discovery due by 2/25/2022. Expert Discovery due by 4/11/2022. Initial Conference set for 3/2/2022 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 10/26/2021) (js)
October 26, 2021 Opinion or Order Filing 8 MEMO ENDORSEMENT on re: #7 Proposed Scheduling Order filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc. ENDORSEMENT: The Court is in receipt of the parties' above joint letter. For the reasons stated in the letter, the Court hereby ADJOURNS the initial pretrial conference in this matter sine die. The Court will issue the parties' Case Management Plan and Scheduling Order under separate cover. So Ordered. (Signed by Judge Katherine Polk Failla on 10/26/2021) (js)
October 26, 2021 Filing 7 PROPOSED SCHEDULING ORDER. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc...(O'Connor, Thomas)
September 30, 2021 Filing 6 NOTICE OF APPEARANCE by Tiffany A. Jacobsen on behalf of Shatia Simmons..(Jacobsen, Tiffany)
September 20, 2021 Opinion or Order Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on October 29, 2021, at 3:30 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 10/29/2021 at 03:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 9/20/2021) (rro)
August 16, 2021 Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba)
August 16, 2021 NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Philip M. Halpern is no longer assigned to the case. (vba)
August 13, 2021 ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Thomas M. O'Connor. The following party/parties has been removed from this case: Sam's Club. The party was added to the case in error. (Duplicate Party) (vf)
August 13, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
August 13, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sam's Club. The party information for the following party/parties has been modified: Sam's Club. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly; party name entered incorrectly. (vf)
August 13, 2021 Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
August 13, 2021 Case Designated ECF. (vf)
August 12, 2021 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate WALMART INC., Other Affiliate Wal-Mart De Mexico, Other Affiliate Seiyu for Sam's Club, Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc.. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc...(O'Connor, Thomas)
August 12, 2021 Filing 3 CIVIL COVER SHEET filed..(O'Connor, Thomas)
August 12, 2021 Filing 2 DEMAND for Trial by Jury. Document filed by Sam's Club, Sam's Real Estate Business Trust, Wal-Mart Stores, Inc..(O'Connor, Thomas)
August 12, 2021 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 800643/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-24925068).Document filed by Sam's Real Estate Business Trust, Sam's Club, Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A-Summons and Complaint and Verified Answer, #2 Exhibit B-Combined Demands, #3 Exhibit C-Response to 3017 Demand).(O'Connor, Thomas)

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Search for this case: Simmons v. Wal-Mart Stores, Inc. et al
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Plaintiff: Shatia Simmons
Represented By: Tiffany A. Jacobsen
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Defendant: Wal-Mart Stores, Inc.
Represented By: Thomas M. O'Connor
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Defendant: Sam's Club
Represented By: Thomas M. O'Connor
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Defendant: Sam's Real Estate Business Trust
Represented By: Thomas M. O'Connor
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Defendant: Wal-Mart Stores, Inc. doing business as Sam's Club
Represented By: Thomas M. O'Connor
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