Adelstein v. Walmart Inc.
Plaintiff: Kevin Adelstein
Defendant: Walmart Inc. doing business as Walmart
Case Number: 1:2023cv00067
Filed: January 13, 2023
Court: US District Court for the Northern District of Ohio
Presiding Judge: Bridget Meehan Brennan
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2023 Opinion or Order Order [non-document] granting Defendant's unopposed motion to file cover motion to compel arbitration and deem as filed as of March 14, 2023. (Doc. No. #26 .) Judge Bridget Meehan Brennan on 10/19/2023. (H,AR)
October 18, 2023 Opinion or Order Filing 27 Reply in support of #14 Motion to Compel Arbitration filed by Walmart Inc.. (Blouin, Daniel)
October 18, 2023 Opinion or Order Filing 26 Unopposed Motion for leave to file Cover Motion to Compel Arbitration and Deem filed as of March 14, 2023 filed by Defendant Walmart Inc. (Attachments: #1 Pleading Motion to Compel Arbitration)(Blouin, Daniel)
October 5, 2023 Opinion or Order Order [non-document]: The parties' joint proposal (Doc. No. #25 ) seeks a stay of establishing discovery deadlines until Walmart Inc.'s pending Motion to Compel Arbitration (Doc. No. #14 ) is decided. The Motion to Compel Arbitration is not yet fully briefed. Given the parties' joint request and that briefing is still ongoing, the Case Management Conference set for October 6, 2023, at 9:00 a.m. is continued. The Court will be set a date for the Case Management Conference following a decision on the Motion to Compel Arbitration. Judge Bridget Meehan Brennan on 10/5/2023. (H,AR)
October 4, 2023 Opinion or Order Filing 25 Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Walmart Inc.. Related document(s) #18 .(Battaglia, Frank)
October 4, 2023 Opinion or Order Filing 24 Marginal Entry Order granting Defendant's unopposed motion for an extension of time until October 18, 2023, to file reply in support of motion to compel arbitration. (Doc. No. #23 .) Judge Bridget Meehan Brennan on 10/4/2023. (H,AR)
October 3, 2023 Opinion or Order Filing 23 Unopposed Motion for extension of time to file response/reply to #14 Motion to Compel Arbitration filed by Defendant Walmart Inc.. Related document(s) #14 . (Battaglia, Frank)
September 27, 2023 Opinion or Order Filing 22 Brief in Opposition to Memorandum of Law in Support of #14 Motion to Compel Arbitration filed by Kevin Adelstein. (Attachments: #1 Exhibit 1 - Declaration of Anil Kumar #2 Exhibit 2 - Walmart.com webpage )(Frederick, Ronald) Modified on 10/3/2023 (R,AP).
September 12, 2023 Opinion or Order Filing 21 Marginal Entry Order granting Plaintiff's unopposed motion for an extension of time until September 27, 2023, to file brief in opposition to Defendant's motion to compel. (Doc. No. #20 .) Judge Bridget Meehan Brennan on 9/12/2023. (H,AR)
September 12, 2023 Opinion or Order Filing 20 Unopposed Motion for extension of time until September 27, 2023 to file response/reply to #14 Motion to Compel Arbitration filed by Plaintiff Kevin Adelstein. Related document(s) #14 . (Frederick, Ronald)
September 6, 2023 Opinion or Order Order [non-document] granting Plaintiff's unopposed motion to continue. (Doc. No. #19 .) The Case Management Conference set for September 21, 2023, at 9:30 a.m. is continued to October 6, 2023, at 9:00 a.m. Judge Bridget Meehan Brennan on 9/6/2023.(H,AR)
August 31, 2023 Opinion or Order Filing 19 Unopposed Motion to continue September 21, 2023, Case Management Conference filed by Plaintiff Kevin Adelstein. Related document(s) #18 . (Frederick, Ronald)
August 30, 2023 Opinion or Order Filing 18 Case Management Conference Scheduling Order signed by Judge Bridget Meehan Brennan on 8/30/2023. A telephonic Case Management Conference is set for September 21, 2023, at 9:30 a.m. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the scheduled hearing time. (Attachments: #1 Report of Parties' Planning Meeting, #2 Letter from Chief Judge Lioi, #3 Magistrate Consent Form, #4 Standard for Discovery of Electronically Stored Information, #5 Rule 30.1) (H,AR)
August 30, 2023 Opinion or Order Filing 17 Memorandum Opinion and Order: For the reasons stated herein, Plaintiff's Motion to Remand (Doc. No. #8 ) is DENIED. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 8/30/2023. (H,AR)
March 23, 2023 Opinion or Order Filing 16 Marginal Entry Order granting Plaintiff's motion to stay briefing on Walmart Inc.'s motion to compel pending ruling on Kevin Adelstein's motion to remand. (Doc. No. #15 .) Judge Bridget Meehan Brennan on 3/23/2023. (H,AR)
March 21, 2023 Opinion or Order Filing 15 Motion to stay Briefing on Walmart Inc.'s Motion to Compel Pending Ruling on Kevin Adelstein's Motion to Remand filed by Plaintiff Kevin Adelstein. Related document(s) #14 . (Frederick, Ronald)
March 15, 2023 Opinion or Order Filing 14 Motion to Compel Arbitration filed by Defendant Walmart Inc.. (Attachments: #1 Declaration of Anil Kumar Garikepati, #2 Exhibit 1 - Terms of Use, #3 Declaration of Daniel M. Blouin) (Blouin, Daniel)
March 3, 2023 Opinion or Order Filing 13 Reply in support of #8 Motion to remand to State Court filed by All Plaintiffs. (Frederick, Ronald)
February 17, 2023 Opinion or Order Filing 12 Opposition to #8 Motion to remand to State Court filed by Walmart Inc. (Attachments: #1 Exhibit 1 -Supplemental Declaration of Nate Lyman)(Blouin, Daniel)
February 3, 2023 Opinion or Order Filing 11 Marginal Entry Order granting Defendant's unopposed motion for an extension of time to respond to Plaintiff's class action complaint. Defendant's response to Plaintiff's complaint is due 14 days after the Court rules on Plaintiff's motion to remand. (Doc. No. #10 .) Judge Bridget Meehan Brennan on 2/3/2023. (H,AR)
February 3, 2023 Opinion or Order Filing 10 Unopposed Motion for leave to Extend the Answer Deadline to Respond to Class Action Complaint filed by Defendant Walmart Inc. (Battaglia, Frank)
January 19, 2023 Opinion or Order Filing 9 Initial Standing Order. (H,Ch)
January 18, 2023 Opinion or Order Filing 8 Motion to remand to State Court with brief in support filed by Plaintiff Kevin Adelstein. (Related document(s) #1 ) (Frederick, Ronald)
January 18, 2023 Opinion or Order Filing 7 Attorney Appearance as Co-Counsel by Scott C.I. Borison filed on behalf of Kevin Adelstein. (Borison, Scott)
January 17, 2023 Opinion or Order Filing 6 Motion for attorney Daniel M. Blouin to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11793277, filed by Defendant Walmart Inc.. (Attachments: #1 Declaration In Support)(Farkas, Gregory)
January 17, 2023 Opinion or Order Filing 5 Motion for attorney Frank A. Battaglia to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11793254, filed by Defendant Walmart Inc.. (Attachments: #1 Declaration In Support)(Farkas, Gregory)
January 17, 2023 Opinion or Order Notice to Attorney Jacquelyn S. Frederick. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
January 17, 2023 Opinion or Order Order [non-document] granting Attorney Frank A. Battaglia's motion for appearance pro hac vice. (Doc. No. #5 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 1/17/2023. (H,AR)
January 17, 2023 Opinion or Order Order [non-document] granting Attorney Daniel M. Blouin's motion for appearance pro hac vice. (Doc. No. #6 .) Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Bridget Meehan Brennan on 1/17/2023. (H,AR)
January 17, 2023 Opinion or Order Order [non-document] granting Defendant's unopposed motion for an extension of time until February 10, 2023, to respond to Plaintiff's class action complaint. (Doc. No. #4 .) Judge Bridget Meehan Brennan on 1/17/2023. (H,AR)
January 13, 2023 Opinion or Order Filing 4 Unopposed Motion for extension of time until 2/10/2023 to answer Class Action Complaint filed by Defendant Walmart Inc.. (Farkas, Gregory)
January 13, 2023 Opinion or Order Filing 3 Magistrate Consent Form issued. (H,Ch)
January 13, 2023 Opinion or Order Filing 2 Corporate Disclosure Statement filed by Walmart Inc. (Farkas, Gregory)
January 13, 2023 Opinion or Order Filing 1 Notice of Removal from Cuyahoga Court of Common Pleas, case number 22-CV-03442 Filing fee paid $ 402, receipt number AOHNDC-11790799. Filed by Walmart Inc. (Attachments: #1 Exhibit A - In Support of Removal, #2 Exhibit B - Declaration of Nate Lyman In Support of Notice of Removal, #3 Civil Cover Sheet) (Niehaus, James)
January 13, 2023 Opinion or Order Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (H,Ch)
January 13, 2023 Opinion or Order Judge Bridget Meehan Brennan assigned to case. (H,Ch)

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Plaintiff: Kevin Adelstein
Represented By: Jacquelyn S. Frederick
Represented By: Laura A. DePledge
Represented By: Michael L. Berler
Represented By: Ronald I. Frederick
Represented By: Scott C.I. Borison
Represented By: Lawrence R. Bach
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Defendant: Walmart Inc. doing business as Walmart
Represented By: Gregory R. Farkas
Represented By: James B. Niehaus
Represented By: Daniel M. Blouin
Represented By: Frank Battaglia
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