Wade v. Albertsons Companies Inc
| Catherine Wade |
| Albertsons Companies Inc doing business as Albertsons |
| Mark W. Gilbert |
| 4:2022cv00599 |
| July 15, 2022 |
| US District Court for the Eastern District of Texas |
| Kimberly C Priest Johnson |
| Sean D Jordan |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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Filing 35
ORDER. Plaintiff's Response to Stipulation of Dismissal with Prejudice, (Dkt. #33 ), is DISMISSED for want of jurisdiction. It is further ORDERED that Plaintiff's Motion to Seal Plaintiff's Response to Stipulation of Dismissal with Prejudice, (Dkt. #32 ), is DENIED. Signed by District Judge Sean D. Jordan on 5/2/2023. (daj, )
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| Filing 34 Mail Returned as Undeliverable. Dkt. 26 (SEALED) sent to Catherine M. Wade returned marked, "RETURN TO SENDER - UNCLAIMED -UNABLE TO FORWARD". (daj, ) |
| Filing 33 SEALED RESPONSE to #30 Stipulation of Dismissal filed by Catherine Wade. (rpc, ) |
| Filing 32 SEALED MOTION to Seal Response to Stipulation of Dismissal with Prejudice by Catherine Wade. (rpc, ) |
| Filing 31 NOTICE: Stipulation of Dismissal: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this civil case is dismissed with prejudice. The clerk will close and terminate this matter. (ldm) |
| Filing 30 STIPULATION of Dismissal with Prejudice by Albertsons Companies Inc. (Wise, Robyn) |
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Filing 29
ORDER. IT IS ORDERED that the parties shall submit to the Court all papers necessary for the resolution of the claims between them no later than January 31, 2023. IT IS FURTHER ORDERED that all deadlines set forth in the Scheduling Order (Dkt. 21) are hereby VACATED. IT IS FURTHER ORDERED that the Motion to Withdraw (Dkt. #22 ) is DENIED AS MOOT. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/21/2022. (daj, )
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| Filing 28 NOTICE of Settlement by Albertsons Companies Inc (Wise, Robyn) |
| Filing 27 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Hearing held on 12/12/2022 re Motion #22 to Withdraw. Court called the case and excused defense counsel and had an off the record conversation with the plaintiff and counsel. from 11:13 - 11:45 Attorney Appearances: Plaintiff - Catherine Wade, plaintiff and Julie S. Wolf; Defense - Robyn M. Wise. (No exhibits)(Court Reporter Digital Recording.) (jwam, ) |
| ACKNOWLEDGMENT OF RECEIPT via email by Catherine Wade as to 26 Sealed Order. (daj, ) |
| Set Hearing as to #22 MOTION to Withdraw AS COUNSEL FOR PLAINTIFF. Motion Hearing set for 12/12/2022 11:00 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. (daj, ) |
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Filing 25
SEALED ORDER granting #24 Pro se Motion to Seal Document #22 MOTION to Withdraw AS COUNSEL FOR PLAINTIFF. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/5/2022. (daj, )
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| Filing 24 Pro se MOTION to Seal Document #22 MOTION to Withdraw AS COUNSEL FOR PLAINTIFF by Catherine Wade. (daj, ) (Additional attachment(s) added on 12/2/2022: #1 Sealed attachment) (daj, ). |
| Filing 23 Pro se RESPONSE in Opposition re #22 MOTION to Withdraw AS COUNSEL FOR PLAINTIFF filed by Catherine Wade. (daj, ) (Additional attachment(s) added on 12/2/2022: #1 Sealed attachment - Confidential contact information for plf.) (daj, ). |
| Filing 22 MOTION to Withdraw AS COUNSEL FOR PLAINTIFF by Catherine Wade. (Attachments: #1 Text of Proposed Order)(Wolf, Julie) (Attachment 1 replaced on 11/28/2022) (daj, ). Modified on 12/5/2022 (daj, ). **Sealed by clerk per Order 25*** |
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Filing 21
SCHEDULING ORDER: Final Pretrial Conference set for 12/13/2023 09:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Amended Pleadings due by 1/13/2023. Discovery due by 4/7/2023. Expert Witness List due by 12/30/2022. Joinder of Parties due by 12/2/2022. Jury instructions due by 11/29/2023. Mediation Completion due by 5/5/2023. Designation of Mediator due by 3/24/2023. Motions due by 4/21/2023. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/19/2022. (daj, )
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Filing 20
ORDER REFERRING CASE to Mediator. The Court hereby ORDERS that this case be submitted to mediation in accordance with the Court's Mediation Plan. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/19/2022. (daj, )
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| Filing 19 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Scheduling Conference held on 11/17/2022. Attorney Appearances: Julie S. Wolf; Robyn M. Wise. (time in court: 1:52 - 1:57) (Court Reporter Digital.) (jwam, ) |
| Filing 18 ***DISREGARD. PROPOSED ORDER FILED AS STAND-ALONE ENTRY*** Submission of Proposed Agreed Docket Control/Scheduling order by Albertsons Companies Inc . (Wise, Robyn) Modified on 11/7/2022 (daj, ). |
| Filing 17 STATUS REPORT (Joint) by Albertsons Companies Inc. (Wise, Robyn) (Additional attachment(s) added on 11/7/2022: #1 Text of Proposed Order) (daj, ). |
| Filing 16 NOTICE of Discovery Disclosure by Albertsons Companies Inc (Wise, Robyn) |
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Filing 15
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 11/7/2022. Scheduling Conference set for 11/17/2022 01:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/4/2022. (daj, )
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Filing 14
REFERRAL ORDER REFERRING CASE to Magistrate Judge Kimberly C Priest Johnson. Signed by District Judge Sean D. Jordan on 9/7/2022. (daj, )
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| Filing 13 Original ANSWER to #12 Amended Complaint by Albertsons Companies Inc.(Wise, Robyn) |
| Filing 12 AMENDED COMPLAINT against Albertsons Companies Inc, filed by Catherine Wade.(Wolf, Julie) |
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Filing 11
ORDER AND ADVISORY. Signed by District Judge Sean D. Jordan on 8/16/2022. (daj, )
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| Filing 10 Case transferred in from District of Texas Northern; Case Number 3:22-cv-01446. Original file certified copy of transfer order and docket sheet received. |
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Filing 9
ELECTRONIC ORDER granting #8 Agreed Motion to Transfer Venue. This case is hereby TRANSFERRED to to the Eastern District of Texas, Sherman Division. (Ordered by Judge Ed Kinkeade on 7/15/2022) (chmb) [Transferred from Texas Northern on 7/15/2022.]
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| Filing 8 Agreed MOTION to Transfer Case out of District/Division filed by Albertsons Companies Inc (Wise, Robyn) [Transferred from Texas Northern on 7/15/2022.] |
| Case ASSIGNED to District Judge Sean D. Jordan. (baf, ) |
| 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. (baf, ) |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Catherine Wade. (Clerk QC note: No affiliate entered in ECF). (Wolf, Julie) [Transferred from Texas Northern on 7/15/2022.] |
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Filing 6
ORDER: Defendant Albertsons Companies, Inc. d/b/a Albertsons ("Albertsons") removed this case from Dallas County Court at Law No. 3 on July 6, 2022, alleging diversity jurisdiction. Doc. No. 1 at 1-3; see Wade v. Albertsons Companies, Inc. d/b/a Albertsons, No. CC-22-02931-C (Co. Ct. at Law No. 3, Dallas County, Tex. Jun. 6, 2022). Pursuant to the federal removal statute, Defendants removal of the case to this Court was proper. See 28 U.S.C. 1441(a) (case filed in state court may be removed by defendant to the federal district court "for the district and division embracing the place where such action is pending."); see also Burlington N. & Santa Fe Ry. Co. v. Herzog Servs., Inc., 990 F. Supp. 503, 504 (N.D. Tex. 1998) (McBryde, J.). However, even where venue is procedurally proper under 1441(a), transfer under 1404(a) still applies to cases removed from state court. By August 2, 2022, the parties may each file a brief (or file a joint brief) addressing the transfer of this case to the Sherman Division under 1404(a). Any brief shall not to exceed ten pages in length. Unless otherwise ordered, no responsive briefs shall be permitted in the event the parties elect to file separate briefs. (Ordered by Judge Ed Kinkeade on 7/12/2022) (chmb) [Transferred from Texas Northern on 7/15/2022.]
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Filing 5
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER (Ordered by Judge Ed Kinkeade on 7/6/2022) (chmb) [Transferred from Texas Northern on 7/15/2022.]
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| Filing 4 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ndt) [Transferred from Texas Northern on 7/15/2022.] |
| Filing 3 NOTICE of Attorney Appearance by Robyn M Wise on behalf of Albertsons Companies, Inc. d/b/a Albertsons. (Filer confirms contact info in ECF is current.) (Wise, Robyn) [Transferred from Texas Northern on 7/15/2022.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Albertsons Companies, Inc. d/b/a Albertsons. (Clerk QC note: No affiliate entered in ECF). (Sharp, Michael) [Transferred from Texas Northern on 7/15/2022.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Albertsons Companies, Inc. d/b/a Albertsons. (Filing fee $402; receipt number 0539-12940971) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement) (Sharp, Michael) [Transferred from Texas Northern on 7/15/2022.] |
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