Smith et al v. Family Dollar Services, LLC et al
Plaintiff: Lakindal Smith and Keith Martin
Defendant: Family Dollar Services, LLC and Dollar Tree Inc.
Case Number: 2:2022cv02382
Filed: June 15, 2022
Court: US District Court for the Western District of Tennessee
Presiding Judge: Sheryl H Lipman
Referring Judge: Tu M Pham
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2022 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)
August 8, 2022 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)
August 8, 2022 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)
July 21, 2022 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).
July 20, 2022 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.)
July 19, 2022 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)
July 15, 2022 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)
July 1, 2022 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)
July 1, 2022 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)
June 30, 2022 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)
June 30, 2022 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)
June 24, 2022 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)
June 17, 2022 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)
June 17, 2022 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)
June 17, 2022 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)
June 17, 2022 Filing 17 REPORT of Rule 26(f) Planning Meeting . Associated Cases: 2:22-md-03032-SHL-tmp et al.(Barrett, Charles)
June 17, 2022 Filing 16 Joint MOTION for Hearing Status Conference by All Plaintiffs. Associated Cases: 2:22-md-03032-SHL-tmp et al.(Stranch, J.)
June 15, 2022 Filing 15 Case transferred in from District of Virginia Eastern; Case Number 1:22-cv-00208. Original file certified copy of transfer order and docket sheet received.
June 15, 2022 MDL NOTICE: Case transferred in from District of Virginia Eastern; Case Number 1:22-cv-00208. Assigned WD/TN Case Number 2:22-cv-2382 SHL/tmp. Associated Cases: 2:22-md-03032-SHL-tmp, (agj)
June 15, 2022 Case transferred to District of Western District of Tennessee. Original file electronically transferred. (jlan) [Transferred from Virginia Eastern on 6/15/2022.]
June 2, 2022 Filing 14 Transfer Order entered by the Panel on Multidistrict Litigation on 06/02/2022; Ordered that his action is transferred to the Western District of Tennesee. (jlan) [Transferred from Virginia Eastern on 6/15/2022.]
April 28, 2022 Opinion or Order Filing 13 ORDERED that the Motion be, and the same hereby is, GRANTED and Defendants' answer is extended to a date to be set by the court to which this action is transferred by the JPML, or if not transferred, by this Court following that decision. Signed by District Judge Anthony J Trenga on 04/28/2022. (dvanm) [Transferred from Virginia Eastern on 6/15/2022.]
April 22, 2022 Filing 12 NOTICE of Appearance by Thomas Richard Waskom on behalf of Dollar Tree, Inc., Family Dollar Services, LLC (Waskom, Thomas) [Transferred from Virginia Eastern on 6/15/2022.]
April 22, 2022 Notice of Correction was filed in error and removed from the docket (jlan) [Transferred from Virginia Eastern on 6/15/2022.]
April 21, 2022 Filing 11 Corporate Disclosure Statement by Dollar Tree, Inc., Family Dollar Services, LLC. (Powell, Lewis) [Transferred from Virginia Eastern on 6/15/2022.]
April 21, 2022 Filing 10 MOTION for Extension of Time to File Answer by Dollar Tree, Inc., Family Dollar Services, LLC. (Powell, Lewis) [Transferred from Virginia Eastern on 6/15/2022.]
March 14, 2022 Filing 9 NOTICE of Appearance by David Hilton Wise on behalf of Keith Martin, Lakindal Smith (Wise, David) [Transferred from Virginia Eastern on 6/15/2022.]
March 11, 2022 Filing 8 WAIVER OF SERVICE Returned Executed by Lakindal Smith, Keith Martin. Family Dollar Services, LLC waiver sent on 2/28/2022, answer due 4/29/2022. (Langone, Joseph) [Transferred from Virginia Eastern on 6/15/2022.]
March 10, 2022 Filing 7 WAIVER OF SERVICE Returned Executed by Lakindal Smith, Keith Martin. Dollar Tree, Inc. waiver sent on 2/28/2022, answer due 4/29/2022. (Langone, Joseph) [Transferred from Virginia Eastern on 6/15/2022.]
March 9, 2022 Filing 6 Proposed Summons re #1 Complaint Family Dollar Services LLC no R/A by Keith Martin, Lakindal Smith. (Langone, Joseph) [Transferred from Virginia Eastern on 6/15/2022.]
March 9, 2022 Filing 5 Proposed Summons re #1 Complaint Family Dollar Services LLC by Keith Martin, Lakindal Smith. (Langone, Joseph) [Transferred from Virginia Eastern on 6/15/2022.]
March 9, 2022 Filing 4 Proposed Summons re #1 Complaint Dollar Tree, Inc. t/a Family Dollar w/out RA by Keith Martin, Lakindal Smith. (Langone, Joseph) [Transferred from Virginia Eastern on 6/15/2022.]
March 9, 2022 Filing 3 Proposed Summons re #1 Complaint Dollar Tree, Inc. t/a Family Dollar by Keith Martin, Lakindal Smith. (Langone, Joseph) [Transferred from Virginia Eastern on 6/15/2022.]
February 28, 2022 Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge Ivan D. Davis. (shea) [Transferred from Virginia Eastern on 6/15/2022.]
February 25, 2022 Filing 2 NOTICE of Appearance by Joseph Michael Langone on behalf of Keith Martin, Lakindal Smith (Langone, Joseph) [Transferred from Virginia Eastern on 6/15/2022.]
February 25, 2022 Filing 1 Complaint ( Filing fee $ 402, receipt number BVAEDC-8264782.), filed by Lakindal Smith, Keith Martin. (Attachments: #1 Civil Cover Sheet)(Wise, David) [Transferred from Virginia Eastern on 6/15/2022.]

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Search for this case: Smith et al v. Family Dollar Services, LLC et al
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Plaintiff: Lakindal Smith
Represented By: Joseph Michael Langone
Represented By: David Hilton Wise
Represented By: Charles Foose Barrett
Represented By: Charles LaDuca
Represented By: J. Gerard Stranch, IV
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Plaintiff: Keith Martin
Represented By: Joseph Michael Langone
Represented By: David Hilton Wise
Represented By: Charles Foose Barrett
Represented By: Charles LaDuca
Represented By: J. Gerard Stranch, IV
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Defendant: Family Dollar Services, LLC
Represented By: Lewis Franklin Powell, III
Represented By: Thomas Richard Waskom
Represented By: Daniel W. Van Horn
Represented By: Kathryn Van Namen
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Defendant: Dollar Tree Inc.
Represented By: Lewis Franklin Powell, III
Represented By: Thomas Richard Waskom
Represented By: Daniel W. Van Horn
Represented By: Kathryn Van Namen
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