Lacy et al v. Family Dollar, Inc., A North Carolina Corporation
| Martha Keisha Lacy, Lorraine Bennett-Freeman, Sheena Bibbs and Nakedra Freeman |
| Family Dollar, Inc., A North Carolina Corporation |
| 2:2022cv02379 |
| June 15, 2022 |
| US District Court for the Western District of Tennessee |
| Sheryl H Lipman |
| Tu M Pham |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 32 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 31 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 30 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 29 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 28 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 27 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 26 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 25 NOTICE of Appearance by Charles LaDuca on behalf of All Plaintiffs Associated Cases: 2:22-md-03032-SHL-tmp et al.(LaDuca, Charles) |
| Filing 24 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, documents #22 and #23 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, have 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 23 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 22 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 21 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 20 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 19 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 18 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 17 REPORT of Rule 26(f) Planning Meeting . Associated Cases: 2:22-md-03032-SHL-tmp et al.(Barrett, Charles) |
| Filing 16 Joint MOTION for Hearing Status Conference by All Plaintiffs. Associated Cases: 2:22-md-03032-SHL-tmp et al.(Stranch, J.) |
| Filing 15 Case transferred in from District of Mississippi Southern; Case Number 3:22-cv-00098. |
| MDL NOTICE: Case transferred in from District of Mississippi Southern; Case Number 3:22-cv-00098. Assigned WD/TN Case Number 2:22-cv-2379 SHL/tmp. Associated Cases: 2:22-md-03032-SHL-tmp, 2:22-cv-02379-SHL-tmp(cdi) |
| Remark : IT Department has been notified to transfer case. (PG) [Transferred from Mississippi Southern on 6/15/2022.] |
| Filing 14 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER: transferring this case to the Western District of Tennessee. (PG) [Transferred from Mississippi Southern on 6/15/2022.] |
Filing 13
ORDER granting #12 Unopposed Motion for Temporary Stay of Deadline to Answer Plaintiffs' Complaint. Signed by Magistrate Judge Michael T. Parker on June 14, 2022 (KPM) [Transferred from Mississippi Southern on 6/15/2022.]
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| Filing 12 Unopposed MOTION for Temporary Stay of Deadline to Answer or Otherwise Respond to Plaintiffs' Class Action Complaint re Order on Motion for Extension of Time to Answer,, #1 Complaint, by Family Dollar, Inc., A North Carolina Corporation (Beckett, P.) [Transferred from Mississippi Southern on 6/15/2022.] |
| Filing 11 COPY OF CONDITIONAL TRANSFER ORDER transferring case to the Western District of Tennessee, MDL No. 3032 IN RE: Family Dollar Stores, Inc., Pest Infestation Litigation Transfer Order - New Litigations (cwl) [Transferred from Mississippi Southern on 6/15/2022.] |
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TEXT ONLY ORDER granting #10 Unopposed Motion to Withdraw as Attorney. Attorney Gerald Moses Abdalla, Jr terminated. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on May 17, 2022. (AS) [Transferred from Mississippi Southern on 6/15/2022.]
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| Filing 10 MOTION to Withdraw as Attorney Gerald M. Abdalla, Jr. by Lorraine Bennett-Freeman, Sheena Bibbs, Nakedra Freeman, Martha Keisha Lacy (Abdalla, Gerald) [Transferred from Mississippi Southern on 6/15/2022.] |
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Filing 9
ORDER staying telephonic case management conference pending a decision by MDL panel. Signed by Magistrate Judge Michael T. Parker on May 3, 2022 (KPM) [Transferred from Mississippi Southern on 6/15/2022.]
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| Filing 8 Letter sent to MDL Clerk with docket entries and complaint. (PG) [Transferred from Mississippi Southern on 6/15/2022.] |
| Filing 7 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Family Dollar, Inc., A North Carolina Corporation (Beckett, P.) [Transferred from Mississippi Southern on 6/15/2022.] |
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TEXT ONLY ORDER granting in part and denying in part #7 Unopposed Motion for Extension of Time to File Answer re #1 Complaint. For good cause shown, the court grants in part the Defendants motion for additional time to answer. The court will grant Defendant another 45 days, or until June 20, 2022 to file its answer or responsive pleading. Any other relief demanded in the motion is denied. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on April 28, 2022 (KPM) [Transferred from Mississippi Southern on 6/15/2022.]
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| Set Deadlines: Answer due by 6/20/2022 (KPM) [Transferred from Mississippi Southern on 6/15/2022.] |
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TEXT ONLY ORDER granting #6 Joint Motion for Extension of Time to Answer re #6 Joint MOTION for Extension of Time to File Answer re #1 Complaint. Family Dollar, Inc., A North Carolina Corporation answer due 5/5/2022. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on March 17, 2022 (KPM) [Transferred from Mississippi Southern on 6/15/2022.]
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| Filing 6 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Family Dollar, Inc., A North Carolina Corporation (Beckett, P.) [Transferred from Mississippi Southern on 6/15/2022.] |
| Filing 5 SUMMONS Returned Executed by Martha Keisha Lacy, Lorraine Bennett-Freeman, Nakedra Freeman, Sheena Bibbs. Family Dollar, Inc., A North Carolina Corporation served on 2/28/2022, answer due 3/21/2022. (Aldridge, Sarah) [Transferred from Mississippi Southern on 6/15/2022.] |
| Filing 4 NOTICE of Appearance by Katherine Barrett Riley on behalf of Lorraine Bennett-Freeman, Sheena Bibbs, Nakedra Freeman, Martha Keisha Lacy (Riley, Katherine) [Transferred from Mississippi Southern on 6/15/2022.] |
| Filing 3 NOTICE of Appearance by Sarah Sterling Aldridge on behalf of Lorraine Bennett-Freeman, Sheena Bibbs, Nakedra Freeman, Martha Keisha Lacy (Aldridge, Sarah) [Transferred from Mississippi Southern on 6/15/2022.] |
| Filing 2 Summons Issued as to Family Dollar, Inc., A North Carolina Corporation. (PG) [Transferred from Mississippi Southern on 6/15/2022.] |
| Filing 1 COMPLAINT against Family Dollar, Inc., A North Carolina Corporation ( Filing fee $ 402 receipt number AMSSDC-4773866), filed by Martha Keisha Lacy, Lorraine Bennett-Freeman, Nakedra Freeman, Sheena Bibbs. (Attachments: #1 Civil Cover Sheet)(PG) [Transferred from Mississippi Southern on 6/15/2022.] |
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