Walmart Inc. et al v. Capital One, National Association
Plaintiff: Wal-Mart Stores East, LP, Wal-Mart Louisiana, LLC, Wal-Mart Stores Texas, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart.com USA, LLC and Walmart Apollo, LLC
Defendant: Capital One, National Association
Counter Defendant: Walmart Inc.
Counter Claimant: Wal-Mart Stores Arkansas, LLC
Case Number: 1:2023cv02942
Filed: April 7, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 25, 2023 Opinion or Order Filing 77 ORDER: After reviewing the parties' pre-conference submissions and considering their thoughtful arguments at yesterday's conference, the Court ORDERS the parties to adhere to the following briefing schedule for their anticipated cross-motions for summary judgment: Each side shall file their opening summary judgment motion, not to exceed 25 pages, on or before June 26, 2023. Each side shall then submit an opposition brief to their adversary's summary judgment motion, not to exceed 25 pages, on or before July 26, 2023. Briefing shall be limited to the issue of whether Walmart's right to terminate the Credit Card Program Agreement (the "Agreement") has been triggered based on the text of the Agreement. To be clear, the parties may argue that the relevant language in the Agreement is ambiguous, and that extrinsic evidence is necessary to resolve the parties' dispute, but they are directed not to submit any extrinsic evidence at this time. If the Court finds that the Agreement is indeed ambiguous, it will promptly order limited discovery and briefing on that issue. If the Court determines that oral argument would be useful, it will promptly reach out to the parties and further set forth in this Order. (Motions due by 6/26/2023., Responses due by 7/26/2023) (Signed by Judge Katherine Polk Failla on 5/25/2023) (rro)
May 24, 2023 Opinion or Order Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 5/24/2023. Attorneys Matthew Lane Schwartz and Jesse Panuccio representing Plaintiffs/Counter Defendants present. Attorneys Mark P. Goodman, Susan Reagan Gittes, and Helen Virginia Cantwell representing Defendant/Counter Plaintiff present. The Court will issue a briefing schedule in due course. (Court Reporter Raquel Robles) (tn)
May 15, 2023 Opinion or Order Filing 76 ORDER granting #72 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entry 74 under seal, viewable only to the parties and the Court. The Clerk of Court is further directed to terminate the motion at docket entry 72. (Signed by Judge Katherine Polk Failla on 5/15/2023) (rro)
May 12, 2023 Opinion or Order Filing 75 LETTER addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 12, 2023 re: Summary Judgment Briefing Schedule. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
May 12, 2023 Opinion or Order Filing 74 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Mark P. Goodman dated MAY 12, 2023 re: #72 LETTER MOTION to Seal Reply to Pre-Motion Letter addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 12, 2023. . Document filed by Capital One, National Association, Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. Motion or Order to File Under Seal: #72 .(Goodman, Mark)
May 12, 2023 Opinion or Order Filing 73 LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 12, 2023 re: #72 LETTER MOTION to Seal Reply to Pre-Motion Letter addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 12, 2023. . Document filed by Capital One, National Association..(Goodman, Mark)
May 12, 2023 Opinion or Order Filing 72 LETTER MOTION to Seal Reply to Pre-Motion Letter addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 12, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
May 11, 2023 Opinion or Order Filing 71 MEMO ENDORSEMENT on #68 granting #65 Letter Motion to Seal; granting #68 Letter Motion to Seal; terminating #69 Letter Motion for Leave to File Document; terminating #70 Letter Motion for Leave to File Document. ENDORSEMENT: The Court is in receipt of the above letter from Defendant and a similar letter from Plaintiffs (Dkt. #65), both seeking leave to file their pre-motion letters regarding Defendants' counterclaims under seal. Both applications are GRANTED. The parties should be prepared to discuss their intended motions on the counterclaims at the May 24, 2023 conference. The Clerk of Court is directed to maintain docket entries 67 and 70 under seal, vieable only to the parties and the Court. The Clerk of Court is further directed terminate the motions at docket entries 65, 68, 69, and 70. (Signed by Judge Katherine Polk Failla on 5/11/2023) (rro)
May 10, 2023 Opinion or Order Filing 70 ***SELECTED PARTIES*** LETTER MOTION for Leave to File Motion for Summary Judgment / Pre-Motion Conference Letter (Under Seal) addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 10, 2023. Document filed by Capital One, National Association, Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc..Motion or Order to File Under Seal: #68 .(Goodman, Mark)
May 10, 2023 Opinion or Order Filing 69 LETTER MOTION for Leave to File Motion for Summary Judgment / Pre-Motion Conference Letter (Redacted) addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 10, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
May 10, 2023 Opinion or Order Filing 68 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 10, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
May 10, 2023 Opinion or Order Filing 67 ***SELECTED PARTIES*** LETTER addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 10, 2023 re: pre-motion letter regarding anticipated motion practice on Defendant Capital One's Counterclaims. Document filed by Wal-Mart.com USA, LLC, Wal-Mart Stores East, LP, Walmart Inc., Capital One, National Association, Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Walmart Apollo, LLC, Wal-Mart Stores Texas, LLC, Wal-Mart Stores Arkansas, LLC.Motion or Order to File Under Seal: #65 .(Schwartz, Matthew)
May 10, 2023 Opinion or Order Filing 66 LETTER addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 10, 2023 re: pre-motion letter regarding anticipated motion practice on Defendant Capital One's Counterclaims. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
May 10, 2023 Opinion or Order Filing 65 LETTER MOTION to Seal May 10, 2023 pre-motion letter addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 10, 2023. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
May 9, 2023 Opinion or Order Filing 64 ORDER granting #61 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entry 63 under seal, viewable only to the parties and the Court. The Clerk of Court is further directed to terminate the motion at docket entry 61. (Signed by Judge Katherine Polk Failla on 5/9/2023) (rro)
May 8, 2023 Opinion or Order Filing 63 ***SELECTED PARTIES*** RESPONSE re: #49 Letter, . Document filed by Capital One, National Association, Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. Motion or Order to File Under Seal: #61 .(Goodman, Mark)
May 8, 2023 Opinion or Order Filing 62 RESPONSE re: #49 Letter, . Document filed by Capital One, National Association..(Goodman, Mark)
May 8, 2023 Opinion or Order Filing 61 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 8, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
May 5, 2023 Opinion or Order Filing 60 ORDER granting #59 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for May 16, 2023 is hereby ADJOURNED to 11:30 a.m. on May 24, 2023. This adjournment does not impact the deadlines for pre-motion submissions regarding Defendant's counterclaims. (See Dkt. #53). The Court is sympathetic to Plaintiffs' preference that the conference take place earlier, but scheduling conflicts prevent it from holding the conference on their suggested dates. The Clerk of Court is directed to terminate the motion at docket try 59. SO ORDERED. Pre-Motion Conference set for 5/24/2023 at 11:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/5/2023) (tg)
May 5, 2023 Opinion or Order Filing 59 LETTER MOTION to Adjourn Conference Scheduled For May 16, 2023 addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 5, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
May 5, 2023 Opinion or Order Filing 58 ORDER granting #54 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entry 57 under seal, viewable only to the parties and the Court. The Clerk of Court is further directed to terminate the motion at docket entry 54. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/5/2023) (tg)
May 4, 2023 Opinion or Order Filing 57 ***SELECTED PARTIES***ANSWER to #48 Amended Complaint,., COUNTERCLAIM against Wal-Mart.com USA, LLC, Wal-Mart Stores East, LP, Walmart Inc., Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Walmart Apollo, LLC, Wal-Mart Stores Texas, LLC, Wal-Mart Stores Arkansas, LLC. Document filed by Wal-Mart Stores Arkansas, LLC, Walmart Apollo, LLC, Capital One, National Association, Wal-Mart.com USA, LLC, Wal-Mart Stores Texas, LLC, Wal-Mart Stores East, LP, Walmart Inc., Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc..Motion or Order to File Under Seal: #54 .(Goodman, Mark)
May 4, 2023 Opinion or Order Filing 56 ANSWER to #50 Amended Complaint,., COUNTERCLAIM against Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. Document filed by Capital One, National Association..(Goodman, Mark)
May 4, 2023 Opinion or Order Filing 55 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capital One Financial Corporation for Capital One, National Association. Document filed by Capital One, National Association..(Goodman, Mark)
May 4, 2023 Opinion or Order Filing 54 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 4, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
May 3, 2023 Opinion or Order Filing 53 ORDER granting #46 Letter Motion to Seal; granting #51 Letter Motion to Adjourn Conference. The Court is in receipt of the Amended Complaint (Dkt. #48, 50) and Plaintiffs' supplemental letter (Dkt. #47, 49), both of which were filed yesterday afternoon. The Court is also in receipt of Defendant's request for an adjournment of the pre-motion conference from tomorrow to next week (Dkt. #51), and Plaintiffs' letter opposing such request (Dkt. #52). The Court is mindful of Plaintiffs' concern that delay in the resolution of this matter will cause them harm. But the Court wishes for Defendant to have a full opportunity to respond to Plaintiffs' most recent filings, and is also concerned that proceeding with tomorrow's conference will actually slow the resolution of this matter, as it would be most efficient to resolve both Plaintiffs' claims and Defendant's counterclaims at once (if the parties indeed anticipate motion practice on all such claims). Accordingly, in order to afford Defendant an opportunity to respond to Plaintiffs' May 2, 2023 letter (Dkt. #47, 49) and to file its answer and counterclaims, the pre-motion conference currently scheduled for May 4, 2023 is hereby ADJOURNED to 2:30 p.m. on May 16, 2023. The Court will not set a deadline for Defendant to file its responsive pleading at this time, but credits its representation that it will file such pleading this week. Any party that anticipates motion practice on Defendant's counterclaims at this time shall file a pre-motion letter on or before May 10, 2023. Any responsive letters shall be file on or before May 12, 2023. Separately, Plaintiffs' sealing application is GRANTED. The Clerk of Court is directed to maintain docket entries 49 and 50 under seal, viewable only to the parties and the Court. The Clerk of Court is directed to terminate the motions at docket entries 46 and 51. (Pre-Motion Conference set for 5/16/2023 at 02:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/3/2023) (rro)
May 3, 2023 Opinion or Order Filing 52 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 3, 2023 re: #51 LETTER MOTION to Adjourn Conference / Request for Adjournment of Pre-Motion Conference addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 2, 2023. . Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
May 2, 2023 Opinion or Order Filing 51 LETTER MOTION to Adjourn Conference / Request for Adjournment of Pre-Motion Conference addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 2, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
May 2, 2023 Opinion or Order Filing 50 ***SELECTED PARTIES***FIRST AMENDED COMPLAINT amending #1 Complaint, against Capital One, National Association.Document filed by Walmart Apollo, LLC, Wal-Mart Puerto Rico, Inc., Walmart Inc., Wal-Mart Stores Texas, LLC, Wal-Mart Louisiana, LLC, Wal-Mart.com USA, LLC, Capital One, National Association, Wal-Mart Stores East, LP, Wal-Mart Stores Arkansas, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #46 .(Schwartz, Matthew)
May 2, 2023 Opinion or Order Filing 49 ***SELECTED PARTIES*** LETTER addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 2, 2023 re: update about the parties' course of conduct under their Contract. Document filed by Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Wal-Mart.com USA, LLC, Capital One, National Association, Wal-Mart Stores East, LP, Walmart Apollo, LLC, Walmart Inc., Wal-Mart Stores Texas, LLC, Wal-Mart Stores Arkansas, LLC.Motion or Order to File Under Seal: #46 .(Schwartz, Matthew)
May 2, 2023 Opinion or Order Filing 48 FIRST AMENDED COMPLAINT amending #1 Complaint, against Capital One, National Association.Document filed by Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Wal-Mart.com USA, LLC, Wal-Mart Stores East, LP, Walmart Apollo, LLC, Wal-Mart Stores Texas, LLC, Walmart Inc., Wal-Mart Stores Arkansas, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1 (Slipsheet)).(Schwartz, Matthew)
May 2, 2023 Opinion or Order Filing 47 LETTER addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 2, 2023 re: update about the parties' course of conduct under their Contract. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
May 2, 2023 Opinion or Order Filing 46 LETTER MOTION to Seal letter to Judge Failla dated May 2, 2023 and Amended Complaint with Exhibit 1 addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 2, 2023. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
April 26, 2023 Opinion or Order Filing 45 ORDER granting #41 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entries 39 and 44 under seal, viewable only to the parties and the Court. The Clerk of Court is further directed to terminate the motion at docket entry 41. (Signed by Judge Katherine Polk Failla on 4/26/2023) (rro)
April 26, 2023 Opinion or Order Filing 44 ***SELECTED PARTIES*** RESPONSE re: #41 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 26, 2023., #34 Redacted Document, . Document filed by Capital One, National Association, Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. Motion or Order to File Under Seal: #41 .(Goodman, Mark)
April 26, 2023 Opinion or Order Filing 43 RESPONSE re: #41 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 26, 2023., #34 Redacted Document, /REDACTED RESPONSE. Document filed by Capital One, National Association..(Goodman, Mark)
April 26, 2023 Opinion or Order Filing 42 ORDER granting #38 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entry 40 under seal, viewable only to the parties and the Court. The Clerk of Court is further directed to terminate the motion at docket entry 38. (Signed by Judge Katherine Polk Failla on 4/26/2023) (rro)
April 26, 2023 Opinion or Order Filing 41 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 26, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
April 25, 2023 Opinion or Order Filing 40 ***SELECTED PARTIES*** RESPONSE re: #34 Redacted Document, #38 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 25, 2023. / Response to Pre-Motion Conference Letter with Highlights (Under Seal). Document filed by Capital One, National Association, Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. Motion or Order to File Under Seal: #38 .(Goodman, Mark)
April 25, 2023 Opinion or Order Filing 39 RESPONSE re: #34 Redacted Document, #38 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 25, 2023. / Response to Pre-Motion Conference Letter (Redacted). Document filed by Capital One, National Association..(Goodman, Mark)
April 25, 2023 Opinion or Order Filing 38 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 25, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
April 25, 2023 Opinion or Order Filing 37 ORDER granting #36 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for May 3, 2023 is hereby ADJOURNED to 3:30 p.m. on May 4, 2023. The Clerk of Court is directed to terminate the motion at docket entry 36. Status Conference set for 5/4/2023 at 03:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/25/2023) (rro)
April 25, 2023 Opinion or Order Filing 36 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Jesse Panuccio dated April 25, 2023. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Panuccio, Jesse)
April 20, 2023 Opinion or Order Filing 35 ORDER granting #32 Letter Motion to Seal. The Court is in receipt of Plaintiffs' letter requesting a conference to discuss its anticipated motion for summary judgment (Dkt. #33, 34) as well as the above request to file that letter under seal. Because Defendant does not oppose the sealing request at this time, that request is GRANTED. Defendant may move the Court for the unsealing of the document at a later date if it is so inclined. Plaintiffs' request for a conference is GRANTED as well. The parties are ORDERED to appear for a conference to discuss Plaintiffs' anticipated motion to dismiss on May 3, 2023, at 3:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Defendant shall file a response to Plaintiffs' premotion letter on or before April 25, 2023. Defendant's obligation to answer or otherwise respond to the complaint is stayed pending further order of the Court. The Clerk of Court is directed to terminate the motion at docket entry 32. The Clerk of Court is additionally directed to maintain docket entry 34 under seal, viewable only to the parties and the Court. (Signed by Judge Katherine Polk Failla on 4/20/2023) (rro)
April 20, 2023 Opinion or Order Filing 34 ***SELECTED PARTIES***REDACTION to #33 Redacted Document, #32 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated April 20, 2023. by Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Wal-Mart.com USA, LLC, Wal-Mart Stores East, LP, Walmart Apollo, LLC, Wal-Mart Stores Texas, LLC, Walmart Inc., Wal-Mart Stores Arkansas, LLC, Capital One, National AssociationMotion or Order to File Under Seal: #32 .(Schwartz, Matthew)
April 20, 2023 Opinion or Order Filing 33 REDACTION to #32 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated April 20, 2023. by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc..(Schwartz, Matthew)
April 20, 2023 Opinion or Order Filing 32 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated April 20, 2023. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
April 20, 2023 Opinion or Order Set/Reset Hearings:( Status Conference set for 5/3/2023 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (rro)
April 14, 2023 Opinion or Order Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WMT Apex Sarl for Wal-Mart Puerto Rico, Inc.. Document filed by Wal-Mart Puerto Rico, Inc...(Schwartz, Matthew)
April 13, 2023 Opinion or Order Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Walmart Inc. for Walmart Apollo, LLC. Document filed by Walmart Apollo, LLC..(Schwartz, Matthew)
April 13, 2023 Opinion or Order Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Stores East, LP for Wal-Mart.com USA, LLC. Document filed by Wal-Mart.com USA, LLC..(Schwartz, Matthew)
April 13, 2023 Opinion or Order Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Walmart Inc. for Wal-Mart Stores Arkansas, LLC. Document filed by Wal-Mart Stores Arkansas, LLC..(Schwartz, Matthew)
April 13, 2023 Opinion or Order Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Real Estate Business Trust for Wal-Mart Stores Texas, LLC. Document filed by Wal-Mart Stores Texas, LLC..(Schwartz, Matthew)
April 13, 2023 Opinion or Order Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Stores East, LP for Wal-Mart Louisiana, LLC. Document filed by Wal-Mart Louisiana, LLC..(Schwartz, Matthew)
April 13, 2023 Opinion or Order Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WSE Management, LLC, Corporate Parent WSE Investment, LLC for Wal-Mart Stores East, LP. Document filed by Wal-Mart Stores East, LP..(Schwartz, Matthew)
April 13, 2023 Opinion or Order Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Walmart Inc...(Schwartz, Matthew)
April 13, 2023 Opinion or Order Filing 23 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Capital One, National Association served on 4/11/2023, answer due 5/2/2023. Service was accepted by Rene Nordquist/Registered Agent. Document filed by Wal-Mart Puerto Rico, Inc.; Wal-Mart Louisiana, LLC ; Wal-Mart.com USA, LLC; Wal-Mart Stores East, LP; Walmart Apollo, LLC; Wal-Mart Stores Texas, LLC ; Walmart Inc.; Wal-Mart Stores Arkansas, LLC..(Schwartz, Matthew)
April 13, 2023 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Analisa Torres is no longer assigned to the case..(aea)
April 12, 2023 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge John G. Koeltl is no longer assigned to the case..(aea)
April 12, 2023 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge J. Paul Oetken is no longer assigned to the case..(aea)
April 10, 2023 Opinion or Order Filing 22 ORDER granting #13 Motion to Appear Pro Hac Vice. Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
April 10, 2023 Opinion or Order Filing 21 ORDER granting #12 Motion to Appear Pro Hac Vice. Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
April 10, 2023 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Sabina Mariella on behalf of Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Mariella, Sabina)
April 10, 2023 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Marc Victor Ayala on behalf of Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Ayala, Marc)
April 10, 2023 Opinion or Order Filing 18 ELECTRONIC SUMMONS ISSUED as to Capital One, National Association..(jgo)
April 10, 2023 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Susan Reagan Gittes on behalf of Capital One, National Association..(Gittes, Susan)
April 10, 2023 Opinion or Order Filing 16 NOTICE OF APPEARANCE by Helen Virginia Cantwell on behalf of Capital One, National Association..(Cantwell, Helen)
April 10, 2023 Opinion or Order Filing 15 NOTICE OF APPEARANCE by John Gleeson on behalf of Capital One, National Association..(Gleeson, John)
April 10, 2023 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Mark P. Goodman on behalf of Capital One, National Association..(Goodman, Mark)
April 10, 2023 Opinion or Order Filing 13 MOTION for Jason Hilborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27582520. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. (Attachments: #1 Affidavit Declaration of Jason Hillborn, #2 Exhibit Florida Certificate of Good Standing, #3 Exhibit District of Columbia Certificate of Good Standing, #4 Exhibit New York Certificate of Good Standing, #5 Text of Proposed Order Proposed Order).(Hilborn, Jason) Modified on 4/10/2023(sgz).
April 10, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Matthew Schwartz to RE-FILE Document No. #5 Rule 7.1 Corporate Disclosure Statement, #7 Rule 7.1 Corporate Disclosure Statement, #6 Rule 7.1 Corporate Disclosure Statement, #8 Rule 7.1 Corporate Disclosure Statement, #11 Rule 7.1 Corporate Disclosure Statement, #9 Rule 7.1 Corporate Disclosure Statement, #10 Rule 7.1 Corporate Disclosure Statement, #4 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. (kw)
April 10, 2023 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(jgo)
April 10, 2023 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Jason Hilborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27582520. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
April 10, 2023 Opinion or Order Case Designated ECF. (jgo)
April 10, 2023 Opinion or Order Magistrate Judge Valerie Figueredo 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. (jgo)
April 7, 2023 Opinion or Order Filing 12 MOTION for Jesse Panuccio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27580378. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. (Attachments: #1 Affidavit Declaration of Jesse Panuccio, #2 Exhibit Florida Certificate of Good Standing, #3 Exhibit District of Columbia Certificate of Good Standing, #4 Text of Proposed Order Proposed Order).(Panuccio, Jesse)
April 7, 2023 Opinion or Order Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Walmart Inc. for Walmart Apollo, LLC. Document filed by Walmart Apollo, LLC..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
April 7, 2023 Opinion or Order Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Stores East, LP for Wal-Mart.com USA, LLC. Document filed by Wal-Mart.com USA, LLC..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
April 7, 2023 Opinion or Order Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WMT Apex Sarl for Wal-Mart Puerto Rico, Inc.. Document filed by Wal-Mart Puerto Rico, Inc...(Schwartz, Matthew) Modified on 4/10/2023 (kw).
April 7, 2023 Opinion or Order Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Walmart Inc. for Wal-Mart Stores Arkansas, LLC. Document filed by Wal-Mart Stores Arkansas, LLC..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
April 7, 2023 Opinion or Order Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Real Estate Business Trust for Wal-Mart Stores Texas, LLC. Document filed by Wal-Mart Stores Texas, LLC..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
April 7, 2023 Opinion or Order Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Stores East, LP for Wal-Mart Louisiana, LLC. Document filed by Wal-Mart Louisiana, LLC..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
April 7, 2023 Opinion or Order Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WSE Management, LLC, Corporate Parent WSE Investment, LLC for Wal-Mart Stores East, LP. Document filed by Wal-Mart Stores East, LP..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
April 7, 2023 Opinion or Order Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Walmart Inc...(Schwartz, Matthew) Modified on 4/10/2023 (kw).
April 7, 2023 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Capital One, National Association, re: #1 Complaint,. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
April 7, 2023 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Schwartz, Matthew)
April 7, 2023 Opinion or Order Filing 1 COMPLAINT against Capital One, National Association. (Filing Fee $ 402.00, Receipt Number ANYSDC-27578912)Document filed by Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Wal-Mart.com USA, LLC, Wal-Mart Stores East, LP, Walmart Apollo, LLC, Wal-Mart Stores Texas, LLC, Walmart Inc., Wal-Mart Stores Arkansas, LLC..(Schwartz, Matthew)
April 7, 2023 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Jesse Panuccio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27580378. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh)

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Search for this case: Walmart Inc. et al v. Capital One, National Association
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Counter defendant: Walmart Inc.
Represented By: Jesse Panuccio
Represented By: Matthew Lane Schwartz
Represented By: Jason H Hilborn
Represented By: Sabina Mariella
Represented By: Marc Victor Ayala
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Plaintiff: Wal-Mart Stores East, LP
Represented By: Jesse Panuccio
Represented By: Matthew Lane Schwartz
Represented By: Marc Victor Ayala
Represented By: Jason H Hilborn
Represented By: Sabina Mariella
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Plaintiff: Wal-Mart Louisiana, LLC
Represented By: Matthew Lane Schwartz
Represented By: Jesse Panuccio
Represented By: Jason H Hilborn
Represented By: Sabina Mariella
Represented By: Marc Victor Ayala
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Plaintiff: Wal-Mart Stores Texas, LLC
Represented By: Matthew Lane Schwartz
Represented By: Jesse Panuccio
Represented By: Jason H Hilborn
Represented By: Marc Victor Ayala
Represented By: Sabina Mariella
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Plaintiff: Wal-Mart Puerto Rico, Inc.
Represented By: Jesse Panuccio
Represented By: Matthew Lane Schwartz
Represented By: Jason H Hilborn
Represented By: Marc Victor Ayala
Represented By: Sabina Mariella
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Plaintiff: Wal-Mart.com USA, LLC
Represented By: Jesse Panuccio
Represented By: Matthew Lane Schwartz
Represented By: Jason H Hilborn
Represented By: Marc Victor Ayala
Represented By: Sabina Mariella
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Plaintiff: Walmart Apollo, LLC
Represented By: Jesse Panuccio
Represented By: Matthew Lane Schwartz
Represented By: Marc Victor Ayala
Represented By: Sabina Mariella
Represented By: Jason H Hilborn
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Counter claimant: Wal-Mart Stores Arkansas, LLC
Represented By: Jesse Panuccio
Represented By: Matthew Lane Schwartz
Represented By: Sabina Mariella
Represented By: Jason H Hilborn
Represented By: Marc Victor Ayala
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Defendant: Capital One, National Association
Represented By: Mark P. Goodman
Represented By: Helen Virginia Cantwell
Represented By: John Gleeson
Represented By: Susan Reagan Gittes
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