Kirkwood v. Walgreen Co.
| Jerald Kirkwood |
| Walgreen Co., Walgreens, Store Number and Walgreens Store Number 4232 |
| Jamita Swearengen |
| 2:2023cv02028 |
| January 20, 2023 |
| US District Court for the Western District of Tennessee |
| Tu M Pham |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Medical Malpractice |
| Both |
Docket Report
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This docket was last retrieved on March 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 NOTICE by Jerald Kirkwood of Service of Initial Rule 26 Disclosures (Chiozza, Jr., Louis) |
| Filing 25 SETTING LETTER [Text Only - No Image Attached]: Video Status Conference set for Thursday, 3/30/2023 at 10:00 AM via Zoom before Chief Magistrate Judge Tu M. Pham. The proceeding will be done via Zoom video conference. The Court will email the parties an invitation for the video conference one (1) day 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.Please email Terry Haley at terry_haley@tnwd.uscourts.gov for any questions. (tlh) |
| Filing 24 AO 85 Notice, Consent and Reference to Magistrate Judge. Signed by Chief Judge Sheryl H. Lipman on 3/15/2023. (jae) |
| Chief Magistrate Judge Tu M. Pham added. Chief Judge Sheryl H. Lipman no longer assigned to case. (jae) |
| Filing 23 NOTICE by Walgreen Co. Notice of Service of Rule 26(a)(1) Initial Disclosures by Defendant Walgreen Co. (Garmen, Kyler) |
| Filing 22 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #21 Amended Complaint filed by Jerald Kirkwood has been filed. For future reference, please note : Filer failed to add additional parties upon publishing the amended complaint. Clerk's office will add the parties. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) |
| Filing 21 AMENDED COMPLAINT against All Defendants All Defendants., filed by All Plaintiffs.(Chiozza, Jr., Louis) |
| Filing 20 SETTING LETTER: A JURY TRIAL has been SET before Chief Judge Sheryl H. Lipman for MONDAY, MARCH 18, 2024 at 9:30 A.M. in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee. A PRETRIAL CONFERENCE will be held on FRIDAY, MARCH 8, 2024 at 9:00 A.M. in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee. A PROPOSED JOINT PRETRIAL ORDER must be furnished to the Court by MARCH 1, 2024. PLEASE SEE ATTACHED PRETRIAL PROCEDURES. (jpw) |
| Filing 19 Minute Entry for proceedings held before Chief Judge Sheryl H. Lipman: Microsoft Teams Video Scheduling Conference held on 3/2/2023. Louis Chiozza, Jr. appeared for the Plaintiff. Jared Austin Davenport and Kyler S. Garmen appeared for the Defendant. #14 Plaintiff's Motion to Amend the Complaint granted. Plaintiff to file amended complaint within 7 days. #5 Defendant's Motion to Dismiss denied as moot. Jury Trial set for Monday, 3/18/2024 at 9:30 AM in Courtroom 1 - Memphis before Chief Judge Sheryl H. Lipman. Trial is estimated to last 3 days. Pretrial Conference set for Friday, 3/8/2024 at 9:00 AM in Courtroom 1 - Memphis before Chief Judge Sheryl H. Lipman. Proposed Joint Pretrial Order due by 3/1/2024. Scheduling Order entered. (Court Reporter Candace Covey.) (jpw) |
Filing 18
SCHEDULING ORDER:Joinder of Parties due by 3/31/2023. Amended Pleadings due by 3/31/2023. ADR deadline is 5/25/2023. Discovery due by 10/13/2023. Motions due by 11/17/2023. Proposed Pretrial Order due by 3/1/2024. Final Pretrial Conference set for 3/8/2024 09:00 AM in Courtroom 1 - Memphis before Chief Judge Sheryl H. Lipman. Jury Trial set for 3/18/2024 09:30 AM in Courtroom 1 - Memphis before Chief Judge Sheryl H. Lipman. Signed by Chief Judge Sheryl H. Lipman on 3/2/23. (shl)
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| Filing 17 REPORT of Rule 26(f) Planning Meeting Joint Report of Parties' 26(f) Planning Meeting. (Davenport, Jared) |
| Filing 16 SETTING LETTER (*** TIME CHANGE ONLY ***): A SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure before Chief Judge Sheryl H. Lipman has been RESET to THURSDAY, MARCH 2, 2023 at *** 10:15 A.M. (CST) ***. The conference will be held via Microsoft Teams Video. A link to the video conference will be emailed to the attorneys prior to the setting.If the parties consent to have the case heard by the magistrate, please file your consent and this conference will be cancelled.Counsel should be prepared to discuss all pending motions.PLEASE REVIEW THE ATTACHED INSTRUCTIONS. 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. (jpw) |
| Filing 15 RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum of Law in Support of Motion to Dismiss, #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Chiozza, Jr., Louis) |
| Filing 14 First MOTION to Amend/Correct proposed Order submitted by All Plaintiffs. (Attachments: #1 Memorandum)(Chiozza, Jr., Louis) |
| Filing 13 NOTICE of Appearance by Karl M. Braun on behalf of Walgreen Co. (Braun, Karl) |
| Filing 12 NOTICE of Appearance by Jared Austin Davenport on behalf of Walgreen Co. (Davenport, Jared) |
| Filing 11 SETTING LETTER: A SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure has been SET for THURSDAY, MARCH 2, 2023 at 9:30 A.M. (CST) before Chief Judge Sheryl H. Lipman. The conference will be held via Microsoft Teams Video. A link to the video conference will be emailed to the attorneys prior to the setting.If the parties consent to have the case heard by the magistrate, please file your consent and this conference will be cancelled.Counsel should be prepared to discuss all pending motions.PLEASE REVIEW THE ATTACHED INSTRUCTIONS. 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. (jpw) |
| Filing 10 *Duplicate of DE #6 * MEMORANDUM in Support re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Walgreen Co.. (Garmen, Kyler)*Modified on 1/24/2023 (jae). |
| Filing 9 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum of Law in Support of Motion to Dismiss filed by Walgreen Co. has been filed. However, the following deficiency has been found: Documents that are not "Motions" should not be published as such. Event for Memorandum in support of a motion can be found under "motions and related filings - response and replies. Filer can use the "Search" icon to find most events by typing in all or part of the title of document you are submitting. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) |
| Filing 8 Chief Judge Sheryl H. Lipman and Chief Magistrate Judge Tu M. Pham added. (jae) |
| Filing 7 ANSWER to Complaint with Jury Demand by Walgreen Co..(Garmen, Kyler) |
| Filing 6 Memorandum of Law in Support of Motion to Dismiss by Walgreen Co.. (Garmen, Kyler) Modified on 1/23/2023 to remove "Motion" from docket entry (jae). |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Walgreen Co.. (Garmen, Kyler) |
| Filing 4 Corporate Disclosure Statement by Walgreen Co. identifying Corporate Parent Walgreens Boots Alliance, Inc. for Walgreen Co... (Garmen, Kyler) |
| Filing 3 NOTICE of Appearance by Kyler S Garmen on behalf of Walgreen Co. (Garmen, Kyler) |
| Filing 2 NOTICE by Walgreen Co. Notice of Removal (Attachments: #1 Exhibit State Court Record, #2 Exhibit Notice of Filing Notice of Removal)* Civil filing fee $402 paid - Rec # ATNWDC 4056385* (Garmen, Kyler) *Modified on 1/24/2023 (jae). |
| Filing 1 NOTICE by Walgreen Co. Civil Cover Sheet (Garmen, Kyler) |
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