Schell v. Aldi, Inc.
Plaintiff: Waleksa Cardoso Schell
Defendant: Aldi Inc.
Case Number: 4:2022cv00252
Filed: March 30, 2022
Court: US District Court for the Eastern District of Texas
Office: Sherman Office
Presiding Judge: Amos L Mazzant
Nature of Suit: Personal Inj. Prod. 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 March 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2022 Opinion or Order Filing 34 Case transferred in from District of Illinois Northern; Case Number 1:21-cv-06654. Original file certified copy of transfer order and docket sheet received.
March 30, 2022 Opinion or Order In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, )
March 30, 2022 Opinion or Order Case Assigned to District Judge Amos L. Mazzant, III. (rpc, )
March 30, 2022 Opinion or Order Notified Plaintiff's Attorneys, Adam John Kress, Loren Michael Legorreta, Timothy S. Tomasik, and Defendant's Attorneys, Christian Allen Sullivan, Keegan John Madden, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ***ATTORNEY NOT ADMITTED TO PRACTICE IN OUR COURT ATTORNEY ADMISSION LETTER SENT VIA EMAIL*** (rpc, )
March 29, 2022 Opinion or Order Filing 33 TRANSFERRED to the USDC Eastern Division of Texas the electronic record. (rc, ) [Transferred from Illinois Northern on 3/30/2022.]
March 28, 2022 Opinion or Order Filing 32 ENTERED JUDGMENT. Mailed notice. (ym, ) [Transferred from Illinois Northern on 3/30/2022.]
March 28, 2022 Opinion or Order Filing 31 MEMORANDUM Opinion and Order. Signed by the Honorable Sharon Johnson Coleman on 3/28/2022. Mailed notice. (ym, ) [Transferred from Illinois Northern on 3/30/2022.]
March 28, 2022 Opinion or Order Filing 30 MINUTE entry before the Honorable Sharon Johnson Coleman: The Court, in its discretion, grants defendant's motion to transfer venue to the Eastern District of Texas, Sherman Division #15 . Enter Memorandum Opinion and Order. The Clerk's Office is directed to transfer this case forthwith to the Eastern Division of Texas, Sherman Division. Civil case terminated. Mailed notice. (ym, ) [Transferred from Illinois Northern on 3/30/2022.]
March 22, 2022 Opinion or Order Filing 29 REPLY by Aldi, Inc. to response in opposition to motion #28 (Sullivan, Christian) [Transferred from Illinois Northern on 3/30/2022.]
March 8, 2022 Opinion or Order Filing 28 RESPONSE by Waleksa Cardoso Schellin Opposition to MOTION by Defendant Aldi, Inc. to transfer case #15 (Attachments: #1 Declaration Kress Decl. in Opposition (w/ Exhibits A & B))(Kress, Adam) [Transferred from Illinois Northern on 3/30/2022.]
February 24, 2022 Opinion or Order Filing 27 MINUTE entry before the Honorable Sharon Johnson Coleman: Attorney Patrick P. Clyder's motion for leave to withdraw as counsel #25 is granted. Attorney Patrick Paul Clyder terminated. No appearance necessary on 3/1/2022. Mailed notice. (ym, ) [Transferred from Illinois Northern on 3/30/2022.]
February 24, 2022 Opinion or Order Filing 26 NOTICE of Motion by Patrick Paul Clyder for presentment of motion to withdraw as attorney #25 before Honorable Sharon Johnson Coleman on 3/1/2022 at 09:30 AM. (Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
February 24, 2022 Opinion or Order Filing 25 MOTION by Attorney Patrick P. Clyder to withdraw as attorney for Aldi, Inc.. No party information provided (Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
February 23, 2022 Opinion or Order Filing 24 ATTORNEY Appearance for Defendant Aldi, Inc. by Christian Allen Sullivan (Sullivan, Christian) [Transferred from Illinois Northern on 3/30/2022.]
February 15, 2022 Opinion or Order Filing 23 ATTORNEY Appearance for Defendant Aldi, Inc. by Keegan John Madden (Madden, Keegan) [Transferred from Illinois Northern on 3/30/2022.]
February 10, 2022 Opinion or Order Filing 22 MINUTE entry before the Honorable Sharon Johnson Coleman: Attorney Adam J. Kress' motion for leave to appear pro hac vice #20 is granted. Mailed notice. (ym, ) [Transferred from Illinois Northern on 3/30/2022.]
February 9, 2022 Opinion or Order Filing 21 STATUS Report JOINT by Waleksa Cardoso Schell (Kress, Adam) [Transferred from Illinois Northern on 3/30/2022.]
February 9, 2022 Opinion or Order Filing 20 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19137978. (Kress, Adam) [Transferred from Illinois Northern on 3/30/2022.]
February 8, 2022 Opinion or Order Filing 19 MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing set for 2/14/2022 is stricken. Mailed notice. (ym, ) [Transferred from Illinois Northern on 3/30/2022.]
February 8, 2022 Opinion or Order Filing 18 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant's motion to stay its time to respond to the complaint #13 is granted. Responsive pleading to be filed 21 days after the ruling of the motion to transfer venue #15 . Plaintiff to file a response to the motion to transfer venue on or before 3/8/2022. Defendant to file a reply on or before 3/22/2022. Once the matter is fully briefed, the Court shall take it under advisement. No appearance necessary on 2/10/2022. Mailed notice. (ym, ) [Transferred from Illinois Northern on 3/30/2022.]
February 7, 2022 Opinion or Order Filing 17 NOTICE of Motion by Patrick Paul Clyder for presentment of motion to transfer case #15 before Honorable Sharon Johnson Coleman on 2/10/2022 at 09:15 AM. (Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
February 7, 2022 Opinion or Order Filing 16 MEMORANDUM by Aldi, Inc. in support of motion to transfer case #15 (Attachments: #1 Exhibit A - May 13, 2020 Correspondence, #2 Exhibit B - Attorney Declaration, #3 Exhibit C - January 13, 2022 Correspondence, #4 Exhibit D - Declaration of Aryn Arfman, #5 Exhibit E - Federal Court Management Statistics)(Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
February 7, 2022 Opinion or Order Filing 15 MOTION by Defendant Aldi, Inc. to transfer case (Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
February 7, 2022 Opinion or Order Filing 14 NOTICE of Motion by Patrick Paul Clyder for presentment of motion to stay #13 before Honorable Sharon Johnson Coleman on 2/10/2022 at 09:15 AM. (Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
February 7, 2022 Opinion or Order Filing 13 MOTION by Defendant Aldi, Inc. to stay time to answer or otherwise respond to complaint (Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
January 11, 2022 Opinion or Order Filing 12 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant's agreed motion for extension of time to respond #10 is granted. Responsive pleading to be filed by 2/7/2022. No appearance necessary on 1/13/2022. Mailed notice. (ym, ) [Transferred from Illinois Northern on 3/30/2022.]
January 10, 2022 Opinion or Order Filing 11 NOTICE of Motion by Patrick Paul Clyder for presentment of extension of time #10 before Honorable Sharon Johnson Coleman on 1/13/2022 at 09:45 AM. (Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
January 10, 2022 Opinion or Order Filing 10 MOTION by Defendant Aldi, Inc. for extension of time AGREED (Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
January 10, 2022 Opinion or Order Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Aldi, Inc. (Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
January 10, 2022 Opinion or Order Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Aldi, Inc. (Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
January 10, 2022 Opinion or Order Filing 7 ATTORNEY Appearance for Defendant Aldi, Inc. by Patrick Paul Clyder (Clyder, Patrick) [Transferred from Illinois Northern on 3/30/2022.]
December 30, 2021 Opinion or Order Filing 6 SUMMONS Returned Executed by Waleksa Cardoso Schell as to Aldi, Inc. on 12/20/2021, answer due 1/10/2022. (Kress, Adam) [Transferred from Illinois Northern on 3/30/2022.]
December 15, 2021 Opinion or Order Filing 5 MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Telephone status hearing is set for 2/14/2022 at 9:45 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Plaintiff is directed to advise the defendant of the status hearing forthwith. The parties are directed to meet and discuss the status of the case. The parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov at least 3 days prior to the status. The parties are directed to discuss settlement, and whether they consent to proceed before the Magistrate Judge. The court encourages the parties to review this court's website for its standing orders prior to contacting chambers. Mailed notice. (ym, ) [Transferred from Illinois Northern on 3/30/2022.]
December 14, 2021 Opinion or Order Filing 4 ATTORNEY Appearance for Plaintiff Waleksa Cardoso Schell by Loren Michael Legorreta (Legorreta, Loren) [Transferred from Illinois Northern on 3/30/2022.]
December 14, 2021 Opinion or Order Filing 3 CIVIL Cover Sheet (Tomasik, Timothy) [Transferred from Illinois Northern on 3/30/2022.]
December 14, 2021 Opinion or Order Filing 2 ATTORNEY Appearance for Plaintiff Waleksa Cardoso Schell by Timothy S. Tomasik (Tomasik, Timothy) [Transferred from Illinois Northern on 3/30/2022.]
December 14, 2021 Opinion or Order Filing 1 COMPLAINT filed by Waleksa Cardoso Schell; Jury Demand. Filing fee $ 402, receipt number 0752-18965659. (Attachments: #1 Exhibit)(Tomasik, Timothy) [Transferred from Illinois Northern on 3/30/2022.]
December 14, 2021 Opinion or Order SUMMONS Issued as to Defendant Aldi, Inc. (jmk, ) [Transferred from Illinois Northern on 3/30/2022.]
December 14, 2021 Opinion or Order CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jmk, ) [Transferred from Illinois Northern on 3/30/2022.]
December 14, 2021 Opinion or Order CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (jmk, ) [Transferred from Illinois Northern on 3/30/2022.]

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Plaintiff: Waleksa Cardoso Schell
Represented By: Adam J Kress
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Defendant: Aldi Inc.
Represented By: David Adair McFarland
Represented By: Christopher L. Gordon
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