Burgess v. Five Below, Inc.
| Mary Burgess |
| Five Below, Inc. |
| 3:2021cv00144 |
| February 25, 2021 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Alistair Newbern |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.
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Filing 24
ORDER DISMISSING CASE: On September 23, 2022, counsel for Ms. Burgess, filed a Suggestion of Death stating that Ms. Burgess died on December 21, 2021. Although Plaintiff's Counsel refers to potential substitution of Ms. Work as party plaintiff, no such motion has been filed. The two motions pending are Defendant's Motion for Voluntary Dismissal for Failure to Prosecute (Doc. No. #19 ) and Plaintiff's Motion for Voluntary Dismissal (Doc. No. #22 ). It therefore appears to the Court that the motions to dismiss are unopposed. Accordingly, this case is hereby DISMISSED WITHOUT PREJUDICE under Fed. Rule Civ. P. 41(a)(2). The Clerk is directed to close the file. Signed by District Judge William L. Campbell, Jr on 09/29/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 23 SUGGESTION OF DEATH Upon the Record as to Plaintiff Mary Burgess by Mary Burgess. (Capps, Bryan) |
| Filing 22 NOTICE of Voluntary Dismissal by Mary Burgess (Capps, Bryan) |
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Filing 21
ORDER: On April 11, 2022, Defendant Five Below, Inc. filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 41(b). (Doc. No. #19 .) As established by the initial case management order (Doc. No. #11 ), any response in opposition to the motion to dismiss must be filed within 28 days of the service of the motion. Any optional reply shall be filed within 14 days of the service of the response. Signed by Magistrate Judge Alistair Newbern on 4/13/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 20 STATUS REPORT on case resolution efforts by Five Below, Inc.. (Blackburn, Christen) |
| Filing 19 MOTION to Dismiss for Lack of Prosecution by Five Below, Inc.. (Blackburn, Christen) |
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Filing 18
ORDER: Counsel were directed to file a joint statement of their case resolution efforts by April 1, 2022. (Doc. No. #17 .) No statement has been filed. The parties are ORDERED to file the joint statement report by April 11, 2022. Signed by Magistrate Judge Alistair Newbern on 4/4/2022. (ln)
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Filing 17
ORDER: The Magistrate Judge held a telephonic conference with counsel for the parties on November 17, 2021. By agreement of counsel, the dispositive motion deadline is EXTENDED to May 2, 2022. Counsel will extend the fact and expert discovery deadlines by agreement as needed. By no later than April 1, 2022, counsel shall file a joint statement of their case resolution efforts. Signed by Magistrate Judge Alistair Newbern on 11/18/2021. (dt)
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| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 11/17/2021. (Hearing lasted 00:05)(sd) |
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Filing 16
ORDER: Due to a conflict with the Court's schedule, the case management conference is RESET for November 17, 2021 at 1:30 p.m. (Doc. No. #11 .) The conference will be held by telephone. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 8/23/2021. (ln)
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Filing 15
AGREED QUALIFIED PROTECTIVE ORDER FOR THE PRODUCTION OF MEDICAL INFORMATION. Signed by Magistrate Judge Alistair Newbern on 5/28/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing 14
ORDER granting #13 Motion for Protective Order. Signed by Magistrate Judge Alistair Newbern on 5/28/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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| Filing 13 Joint MOTION for Protective Order by Five Below, Inc.. (Attachments: #1 Exhibit 1 - [Proposed] Agreed Qualified Protective Order for the Production of Medical Information)(Blackburn, Christen) |
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Filing 12
ORDER: Jury Trial is set for 10/11/2022 at 9:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Pretrial Conference is set for 10/3/2022 at 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Exhibit List due by 9/26/2022. Witness List due by 9/26/2022. Proposed Pretrial Order due by 9/26/2022. Signed by District Judge William L. Campbell, Jr on 4/30/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 11
INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 7/10/2021. Discovery due by 12/15/2021. Dispositive Motions due by 3/1/2022. Case Management Conference by Telephone set for 11/10/2021 at 9:30 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 4/27/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 4/27/2021. (Hearing lasted 00:12)(sd) |
| Filing 10 PROPOSED CASE MANAGEMENT ORDER filed by Five Below, Inc.. (Blackburn, Christen) |
| TN State Bar status verified as active for Christen C. Blackburn admitted to this court. (dt) |
| Filing 9 ANSWER to Complaint by Five Below, Inc..(Blackburn, Christen) |
| Filing 8 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Five Below, Inc.. (Blackburn, Christen) |
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Filing 7
ORDER: This matter is set for an initial case management conference on April 27, 2021 at 9:30 a.m. (Doc. No. #5 .) The conference will be held by telephone. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel need not and should not appear in person. Signed by Magistrate Judge Alistair Newbern on 3/19/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 6
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge William L. Campbell, Jr on 3/2/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 5 NOTICE of Initial Case Management Conference set for 4/27/2021 at 9:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (dt) |
| Filing 4 NOTICE of Business Entity Disclosure Statement filing requirement. (dt) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| TN State Bar status verified as active for Bryan L. Capps, Anthony L. Sax and Christen C. Blackburn admitted to this court. (dt) |
| Filing 2 NOTICE of Filing of Removal to Plaintiff's Attorney filed by Five Below, Inc. (dt) |
| Filing 1 NOTICE OF REMOVAL by Five Below, Inc. from Circuit Court of Montgomery County, Tennessee, case number CC 2021cv81. (Filing fee $ 402 receipt number 0650-3320396) (Attachments: #1 State Court Documents, #2 Civil Cover Sheet)(dt) |
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| Defendant: Five Below, Inc. | |
| Represented By: | Christen C. Blackburn |
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| Plaintiff: Mary Burgess | |
| Represented By: | Anthony L. Sax |
| Represented By: | Bryan L. Capps |
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