Ricky Fryar v. The Kroger Co. et al
Plaintiff: Ricky Fryar
Defendant: Assembled Products Corporation of Rogers, Arkansas, The Kroger Co. and Kroger Limited Partnership I
Not Classified By Court: Temiika Gipson
Case Number: 2:2021cv02280
Filed: May 4, 2021
Court: US District Court for the Western District of Tennessee
Presiding Judge: Charmiane G Claxton
Referring Judge: Jon Phipps McCalla
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 18, 2021 Filing 22 REPORT of Rule 26(f) Planning Meeting Plaintiffs Initial Disclosures. (Sandifer, Ethan)
June 17, 2021 Filing 21 NOTICE by Kroger Limited Partnership I, The Kroger Co. of Service of Kroger's Rule 26 Initial Disclosures (Deakins, Laura)
June 14, 2021 Opinion or Order Filing 20 SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 6/14/2021. (joj)
June 11, 2021 Filing 19 Exhibit List for Scheduling Conference. (jrs)
June 11, 2021 Filing 18 SETTING LETTER: The Jury Trial is set for Monday, 5/16/2022 at 9:30 AM before Judge Jon Phipps McCalla in a courtroom to be determined. The Proposed Joint Pretrial Order is due by 4:30 PM on 4/27/2022. The Pretrial Conference is set for Friday, 5/6/2022 11:00 AM before Judge Jon Phipps McCalla in a courtroom to be determined. (jrs)
June 11, 2021 Filing 17 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Scheduling Conference held on 6/11/2021. Ethan Sandifer appeared for the Plaintiff. Laura Deakins and Effie Vanzola Bean Cozart appeared for the Defendants. The scheduling conference is a continuation of the telephonic conference on 6/3/2021. Counsel for Kroger Limited Partnership I advised the Court as to cart liability and status on contract retrieval. Documents and pictures reviewed. Defendant's exhibits 1, 2, 3, 4, and 5 marked and admitted. Oral Motion to dismiss Assembled Products Corporation of Rogers, Arkansas Granted. Case information reviewed extensively. Case reviewed the schedule with dates/deadlines. Correct party named. Amendments are not anticipated. Rule 12 motions are not anticipated. Motion to dismiss is not anticipated. The Jury Trial is set for Monday, May 16, 2022 at 9:30 a.m. before Judge Jon Phipps McCalla in a courtroom to be determined. The trial is expected to take 2-3 days. The Proposed Joint Pretrial Order will be by 4:30 p.m. on April 27, 2021. The Pretrial Conference is et for Friday, May 6, 2022 at 11:00 a.m. before Judge Jon Phipps McCalla in a courtroom to be determined. A Scheduling Order will be entered. (Court Reporter: Tina Gibson) (jrs)
June 3, 2021 Opinion or Order Filing 16 ORDER FOLLOWING CONFERENCE. Signed by Judge Jon Phipps McCalla on 6/3/2021. (joj)
June 3, 2021 Filing 15 SETTING LETTER: A Scheduling Conference is set for Friday, 6/11/2021 at 1:00 PM in Courtroom 4 - Memphis before Judge Jon Phipps McCalla. (jrs)
June 3, 2021 Filing 14 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 6/3/2021. Ethan Sandifer appeared for the Plaintiff. Laura Deakins appeared for Kroger Limited Partnership; Effie Vanzola Bean Cozart appeared for the Assembled Products. This premises liability action arises out of an April 26, 2020 electric shock injury sustained by Plaintiff while unplugging a Mart Cart at the Kroger grocery store at 240 Byhalia Rd., Collierville, Tennessee 38017 (the Kroger Store). Kroger Limited Partnership I is the correct party. Kroger Company will be terminated with Scheduling Order entry. The Court reviewed preliminary case information. Additional preparation is needed by litigants for the Rule 16 scheduling conference. A follow-up Scheduling Conference (In-Person) is set for Friday, June 11, 2021 at 1:00 PM before Judge Jon Phipps McCalla in Courtroom 4. Notice to be entered. (Court Reporter: Tina Gibson) (jrs)
May 27, 2021 Filing 13 REPORT of Rule 26(f) Planning Meeting JOINT REPORT. (Deakins, Laura)
May 11, 2021 Filing 12 ANSWER to Complaint with Jury Demand by Kroger Limited Partnership I.(Vescovo, Christopher)
May 11, 2021 Filing 11 ANSWER to Complaint with Jury Demand by The Kroger Co..(Vescovo, Christopher)
May 6, 2021 Filing 10 ANSWER to Complaint with Jury Demand by Assembled Products Corporation of Rogers, Arkansas.(Cozart, Effie)
May 6, 2021 Filing 9 Corporate Disclosure Statement by Assembled Products Corporation of Rogers, Arkansas. (Cozart, Effie)
May 6, 2021 Filing 8 NOTICE of Appearance by Effie Vanzola Bean Cozart on behalf of Assembled Products Corporation of Rogers, Arkansas (Cozart, Effie)
May 5, 2021 Filing 7 SETTING LETTER: A Telephonic Scheduling Conference is set for Thursday, 6/3/2021 at 9:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs)
May 4, 2021 Filing 6 NOTICE of Appearance by Laura Lampton Deakins on behalf of Kroger Limited Partnership I, The Kroger Co. (Deakins, Laura)
May 4, 2021 Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (btg)
May 4, 2021 Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (btg)
May 4, 2021 Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (btg)
May 4, 2021 Filing 2 Judge Jon Phipps McCalla and Magistrate Judge Charmiane G. Claxton added. (btg)
May 4, 2021 Filing 1 NOTICE OF REMOVAL by Kroger Limited Partnership I, The Kroger Co. from Shelby County Circuit, case number CT-1259-21 (Filing fee $ 402 receipt number ATNWDC-3601647), filed by Kroger Limited Partnership I, The Kroger Co.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Documents)(Vescovo, Christopher)

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Defendant: Assembled Products Corporation of Rogers, Arkansas
Represented By: Effie Vanzola Bean Cozart
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Defendant: The Kroger Co.
Represented By: Christopher L. Vescovo
Represented By: Laura Lampton Deakins
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Defendant: Kroger Limited Partnership I
Represented By: Christopher L. Vescovo
Represented By: Laura Lampton Deakins
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Plaintiff: Ricky Fryar
Represented By: John M. Bailey
Represented By: Ethan Sandifer
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Not classified by court: Temiika Gipson
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