Flanary v. Darden Concepts, Inc. et al
Plaintiff: Kimberly Flanary
Defendant: Darden Concepts, Inc. d/b/a Olive Garden Italian Restaurant, Olive Garden Holdings, LLC, Darden Concepts, Inc. doing business as Olive Garden Italian Restaurant and GMRI, Inc. doing business as Olive Garden
Case Number: 2:2023cv00067
Filed: June 20, 2023
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Travis R McDonough
Referring Judge: Cynthia R Wyrick
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1446 Petition for Removal- Personal Injury
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2023 Filing 13 NOTICE OF NONCONSENT by GMRI, Inc. (Gardella, Andrew)
August 18, 2023 NOTICE OF FAILURE TO FILE Consent/Non-Consent to Magistrate Judge as required by prior court order. (CAT)
August 3, 2023 Opinion or Order Filing 12 ORDER: Before the Court is the Joint Motion of the Parties to Substitute GMRI, Inc. d/b/a Olive Garden in place of the named Defendants [Doc. 10]. Based on the representations and agreement of the Parties in the Motion to Substitute and applicable law, the Court finds and orders as follows: 1 The Motion to Substitute [Doc. 10] is well-taken and is GRANTED. 2. GMRI, Inc. d/b/a Olive Garden is substituted as the only defendant in this action in place of Defendants Darden Concepts, Inc. d/b/a Olive Garden Italian Restaurant and Olive Garden Holdings, Inc. See Order for details. Signed by Magistrate Judge Cynthia R Wyrick on 08/03/2023. (CAT)
July 31, 2023 Opinion or Order Filing 11 SCHEDULING ORDER: Jury Trial set for 10/15/2024 09:00 AM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough. Final Pretrial Conference set for 9/30/2024 01:00 PM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on July 31, 2023. (SAC)
July 25, 2023 Filing 10 Joint MOTION to Substitute Party Motion to Substitute GMRI, Inc. d/b/a Olive Garden in Place of Defendants by Darden Concepts, Inc., Olive Garden Holdings, LLC. (Attachments: #1 Other Proposed Order Substituting GMRI, Inc. d/b/a Olive Garden in Place of Defendants)(Gardella, Andrew)
July 21, 2023 Filing 9 REPORT of Rule 26(f) Planning Meeting. (Gardella, Andrew)
June 26, 2023 Opinion or Order Filing 8 ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Travis R McDonough on 06/26/2023. (Attachments: #1 Other Notice of Consent/ NonConsent) (CAT)
June 26, 2023 Opinion or Order Filing 7 ORDER A Telephonic Scheduling Conference is set for 7/25/2023 at 01:30 PM before District Judge Travis R. McDonough. Dial-in instructions will be circulated via email. Signed by District Judge Travis R. McDonough on 6/26/2023. (JRG)
June 23, 2023 Filing 6 Certificate of Citizenship by Darden Concepts, Inc., Olive Garden Holdings, LLC. (Gardella, Andrew)
June 23, 2023 Filing 5 ANSWER to Complaint by Darden Concepts, Inc., Olive Garden Holdings, LLC.(Gardella, Andrew)
June 21, 2023 Opinion or Order Filing 4 Order Governing Sealing Confidential Information. Signed by District Judge Travis R McDonough on 6/21/2023. (LCK)
June 21, 2023 Opinion or Order Filing 3 Order Governing Motions To Dismiss. Signed by District Judge Travis R McDonough on 6/21/2023. (LCK)
June 21, 2023 Opinion or Order Filing 2 Order Governing Depositions. Signed by District Judge Travis R McDonough on 6/21/2023. (LCK)
June 21, 2023 NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Darden Concepts, Inc., Olive Garden Holdings, LLC. (LCK)
June 21, 2023 NOTICE OF FAILURE TO FILE Certificate of Citizenship in a diversity case as required by FRCP 7.1 by Darden Concepts, Inc., Olive Garden Holdings, LLC. (LCK)
June 20, 2023 District Judge Travis R McDonough and Magistrate Judge Cynthia R Wyrick added. (LCK)
June 20, 2023 Filing 1 NOTICE OF REMOVAL from Sullivan County Circuit Court at Kingsport, case number C44218. (Filing fee $ 402 receipt number ATNEDC-5400064), filed by Olive Garden Holdings, LLC, Darden Concepts, Inc. d/b/a Olive Garden Italian Restaurant. (Attachments: #1 Other Civil Cover Sheet, #2 Exhibit Exhibit A - Sullivan County Circuit Court Complaint, #3 Exhibit Exhibit B - Consent Order of Dismissal Without Prejudice, #4 Exhibit Exhibit C - Declaration of Barbara Torino)(Gardella, Andrew)

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Plaintiff: Kimberly Flanary
Represented By: Mark Douglas Butler
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Defendant: Darden Concepts, Inc. d/b/a Olive Garden Italian Restaurant
Represented By: Andrew Gardella
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Defendant: Olive Garden Holdings, LLC
Represented By: Andrew Gardella
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Defendant: Darden Concepts, Inc. doing business as Olive Garden Italian Restaurant
Represented By: Andrew Gardella
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Defendant: GMRI, Inc. doing business as Olive Garden
Represented By: Andrew Gardella
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