Brown v. Family Dollar Inc et al
| Kimberly Brown |
| Family Dollar Inc. and Dollar Tree Inc. |
| 2:2022cv02374 |
| June 15, 2022 |
| US District Court for the Western District of Tennessee |
| Memphis Office |
| Sheryl H Lipman |
| Tu M Pham |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Plaintiff |
Docket Report
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| Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8-8-22 before Judge Sheryl H. Lipman. Court Reporter Candace S. Covey, Telephone number 901-495-1216. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 8/16/2022. Redaction Request due 9/1/2022. Release of Transcript Restriction set for 11/9/2022. Associated Cases: 2:22-md-03032-SHL-tmp et al.(Covey, Candace) |
| Filing 25 SETTING LETTER: A Status Conference has been set for Monday, September 12, 2022 at 1:00 P.M. (CST) via Microsoft Teams Video Conference before Judge Sheryl H. Lipman. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts for any questions.Associated Cases: 2:22-md-03032-SHL-tmp et al.(smm) |
| Filing 24 Minute Entry for proceedings held before Judge Sheryl H. Lipman: A Status/Scheduling Conference was held via Microsoft Teams Video Conference on 8/8/2022. J. Gerard Stranch, IV, Gregory W. Aleshire, Jerry D. Garner, Sarah Sterling Aldridge, William Thomas Crowder, Stephen F. Libby, James A. Streett, Janna L. Maples, and Gary M. Klinger appeared for the plaintiff(s). Jason Meltzer, Jesenka Mrdjenovic and Christopher Chorba appeared for the defendant(s). The court discussed the status of the case, dates and deadlines with the parties. The parties shall meet and confer regarding any dispute that may arise. If the parties are unable to resolve the dispute, the parties shall file a joint position paper with each side having two pages to outline their position. The joint position paper must be filed within seven days of the meet and confer. The parties shall submit their position regarding the protocol for attorney's fees to the Judge's ECF Email by Wednesday, September 7, 2022, The court set a Status Conference for Monday, September 12, 2022 at 1:00 P.M. via Microsoft Teams Video Conference before Judge Sheryl H. Lipman. The court set the October Status Conference for Monday, October 17, 2022 at 11:00 A.M. via Microsoft Teams Video Conference before Judge Sheryl H. Lipman. The November Status Conference has been set for Friday, November 18, 2022 at 10:00 A.M. via Microsoft Teams Video Conference before Judge Sheryl H. Lipman. The December Status Conference has been set for Friday, December 16, 2022 at 10:00 A.M. via Microsoft Teams Video Conference before Judge Sheryl H. Lipman. Scheduling Order to be entered. (Court Reporter: Candace Covey) Associated Cases: 2:22-md-03032-SHL-tmp et al.(smm) |
| Filing 23 MOTION to Strike (40 in 2:22-md-03032-SHL-tmp) Status Report by Randall Robertson, Martha Keisha Lacy. Associated Cases: 2:22-md-03032-SHL-tmp et al.(Stranch, J.) Modified on 7/21/2022 (jae). |
| Filing 22 NOTICE by Randall Robertson, Martha Keisha Lacy re (37 in 2:22-md-03032-SHL-tmp) Status Report Response to Suppl. Plaintiffs' Suppl. Report on Plaintiffs' Leadership (Attachments: #1 Exhibit 1: Email)Associated Cases: 2:22-md-03032-SHL-tmp et al.(Stranch, J.) |
| Filing 21 SETTING LETTER: A Status/Scheduling Conference has been set for Monday, 8/8/2022 11:00 AM (CST) before Judge Sheryl H. Lipman. The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference 1 day prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Sandra McClain at sandra_mcclain@tnwd.uscourts for any questions. Associated Cases: 2:22-md-03032-SHL-tmp et al.(wrh) |
| Filing 20 Minute Entry for proceedings held before Judge Sheryl H. Lipman: Initial Case management conference held on 7/15/2022. Both Parties present via Microsoft Teams video conferencing. Attorney contact list submitted and case list completed. Discovery needs overall discussed by the Parties and the Court. Parties negotiating protocol for inspection of facility to occur as soon as possible. Defendants anticipate reaching class certification stage within a year but Court expressed need to get there sooner. As for Plaintiffs Lead MDL counsel/Interim Class Counsel, the group will again try to reach consensus on this issues, and will file a report by Wednesday, 07/20/2022 by noon (CST). Court will rule on issue as soon as possible thereafter. Parties are to submit a Joint Scheduling Order by 08/03/2022. The Court sets a Status/Scheduling Conference Monday, 08/08/2022 at 11:00 a.m. (CST) to be conducted via Microsoft Teams. [Plaintiffs' Attorneys: J. Gerard Stranch, IV, Charles Foose Barrett, Steven A. Martino, Joseph Stewart Dennis, Tiffany Ray, Gregory W. Aleshire, James D. Robertson, Jerry D. Garner, Patrick Wayne Pendley, John W. Barrett, Katherine Barrett Riley, Sarah Sterling Aldridge, Gregory W. Aleshire, James D. Robertson, Jerry D. Garner, Patrick Wayne Pendley, John W. Barrett, Katherine Barrett Riley, Sarah Sterling Aldridge, Joseph Michael Langone, David Hilton Wise, Gregory E. Bryant, Thomas P. Thrash, William Thomas Crowder, Stephen F. Libby, Benjamin Andrew Gastel, James A. Streett, Janna L. Maples, Michael Gilman Stewart] -- [Defendants' Attorneys: Daniel Warren Van Horn, Kathryn Van Namen, Katherine Church Campbell, Christina Wahl, Lana Alcorn Olson, Richard F Zimmerman, Jr., Amaobi Joseph Enyinnia, Jeff P. Doss, Marshall S. Ney, P. Ryan Beckett, Lewis Franklin Powell, III, Thomas Richard Waskom] (Court Reporter Candace Covey.) Associated Cases: 2:22-md-03032-SHL-tmp et al.(wrh) |
| Filing 19 NOTICE of Appearance by Charles LaDuca on behalf of All Plaintiffs Associated Cases: 2:22-md-03032-SHL-tmp et al.(LaDuca, Charles) |
| Filing 18 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, documents #16 and #17 Notice of Appearance filed by Lorraine Bennett-Freeman, Martha Keisha Lacy, Donrea Brown, Muriel Vanessa Brown, Sonja Fields, Christine Robinson, Kimberly Brown, Rosalind Dunning, Linda White, Keith Martin, Kathi Walters, Tina Bishop, Jerome Whitney, Taylor Lorimer, Karen Sharp, Reginald Fields, Randall Robertson, Lakindal Smith, Patricia Ann Rogers, Vinnie L. Smith, Terri Perrone, Sonya Mull, Sheena Bibbs, Nakedra Freeman, Julian A. Graves has been filed. However, the following deficiency has been found: Attorneys must file their own notice of appearance, adding their individual information to the docket. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) |
| Filing 17 NOTICE of Appearance by Charles Foose Barrett on behalf of All Plaintiffs Associated Cases: 2:22-md-03032-SHL-tmp et al.(Barrett, Charles) |
| Filing 16 NOTICE of Appearance by Charles Foose Barrett on behalf of All Plaintiffs Associated Cases: 2:22-md-03032-SHL-tmp et al.(Barrett, Charles) |
| Filing 15 SETTING LETTER: A Status Conference has been set for Friday, July 15, 2022 at 3:00 P.M. (CST) via Microsoft Teams Video Conference before Judge Sheryl H. Lipman. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Joseph Warren at Joseph_Warren@tnwd.uscourts for any questions.Associated Cases: 2:22-md-03032-SHL-tmp et al.(smm) |
| Filing 14 RESPONSE to Motion re (16 in 2:22-cv-02379-SHL-tmp, 9 in 2:22-cv-02380-SHL-tmp, 16 in 2:22-cv-02378-SHL-tmp, 9 in 2:22-cv-02138-SHL-tmp, 4 in 2:22-md-03032-SHL-tmp, 14 in 2:22-cv-02383-SHL-tmp, 17 in 2:22-cv-02390-SHL-tmp, 16 in 2:22-cv-02382-SHL-tmp, 7 in 2:22-cv-02376-SHL-jay, 10 in 2:22-cv-02374-SHL-tmp, 9 in 2:22-cv-02375-SHL-tmp) Joint MOTION for Hearing Status Conference (DEFENDANTS RESPONSE TO PLAINTIFFS 04 MOTION FOR STATUS CONFERENCE AND 05 EMERGENCY REQUEST FOR DISCOVERY CONFERENCE) filed by All Defendants. Associated Cases: 2:22-md-03032-SHL-tmp et al.(Van Namen, Kathryn) |
| Filing 13 NOTICE of Appearance by Kathryn Van Namen on behalf of All Defendants Associated Cases: 2:22-md-03032-SHL-tmp et al.(Van Namen, Kathryn) |
| Filing 12 NOTICE of Appearance by Daniel Warren Van Horn on behalf of All Defendants Associated Cases: 2:22-md-03032-SHL-tmp et al.(Van Horn, Daniel) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting . Associated Cases: 2:22-md-03032-SHL-tmp et al.(Barrett, Charles) |
| Filing 10 Joint MOTION for Hearing Status Conference by All Plaintiffs. Associated Cases: 2:22-md-03032-SHL-tmp et al.(Stranch, J.) |
| Filing 9 Case transferred in from District of Arkansas Eastern; Case Number 2:22-cv-00040. |
| Filing 8 TRANSFER ORDER directing this case be transferred to the Western District of Tennessee as part of MDL No. 3032 In Re: Family Dollar Stores Inc., Pest Infestation Litigation. Signed by the Chair of the Panel Karen K. Caldwell. (jak) [Transferred from Arkansas Eastern on 6/15/2022.] |
| MDL NOTICE: Case transferred in from District of Arkansas Eastern; Case Number 2:22-cv-00040. Assigned WD/TN Case Number 2:22-cv-2374 SHL/tmp. Associated Cases: 2:22-md-03032-SHL-tmp, 2:22-cv-02374-SHL-tmp(cdi) |
| Filing 7 DOCKET ENTRY FILED IN ERROR - DISREGARD. (kdr) (Docket text modified on 6/2/2022 to indicate the document was filed in error.) (cmn) [Transferred from Arkansas Eastern on 6/15/2022.] |
| DOCKET ENTRY FILED IN ERROR - DISREGARD. (kdr) (Docket text modified on 6/2/2022 to indicate the entry was filed in error.) (cmn) [Transferred from Arkansas Eastern on 6/15/2022.] |
| NOTICE OF DOCKET CORRECTION re #7 Order and Docket Note. CORRECTION: The docket text was modified to indicate the entries were filed in error due to a clerical mistake by the Clerk's office. (cmn) [Transferred from Arkansas Eastern on 6/15/2022.] |
Filing 6
ORDER granting #4 Motion for Extension of Time to Answer or otherwise respond to Kimberly Brown's class action complaint. Defendants must answer or otherwise respond to Brown's complaint within 45 days after the Judicial Panel on Multidistrict Litigation issues an order on the pending motion for transfer and coordination or consolidation. Signed by Judge Brian S. Miller on 4/4/2022. (ldb) [Transferred from Arkansas Eastern on 6/15/2022.]
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| Filing 5 Corporate Disclosure Statement (Rule 7.1) by Dollar Tree Inc, Family Dollar Inc (Campbell, Katherine) [Transferred from Arkansas Eastern on 6/15/2022.] |
| Filing 4 Unopposed MOTION for Extension of Time to File Answer Or Otherwise Repond to Plaintiff's Class Action Complaint by All Defendants (Campbell, Katherine) [Transferred from Arkansas Eastern on 6/15/2022.] |
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Filing 3
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #2 motion to appear pro hac vice filed by Gregory W. Aleshire. Signed by Judge Brian S. Miller on 4/1/2022. (ljb) [Transferred from Arkansas Eastern on 6/15/2022.]
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| Filing 2 MOTION for Leave to Appear pro hac vice by Gregory W. Aleshire. Fee $100 receipt number AAREDC-4233003. Filed by Kimberly Brown (Attachments: #1 Affidavit Affidavit of Gregory W. Aleshire in Support of Motion for Leave to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing)(Garner, Jerry) [Transferred from Arkansas Eastern on 6/15/2022.] |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand against All Defendants, filed by Kimberly Brown. Filing Fee of $402 paid. Receipt Number LIT085904. Summons issued. (Attachments: #1 Civil Cover Sheet)(kdr) [Transferred from Arkansas Eastern on 6/15/2022.] |
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