Nelson v. Kroger Texas LP et al
| Heather Nelson |
| The Kroger Company, Kroger Texas, LP d/b/a Kroger a/k/a Kroger #518, Kroger Texas LP and Kroger Texas LP doing business as Kroger #518 |
| ADR Provider |
| 3:2020cv00419 |
| February 20, 2020 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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Filing 24
ORDER: Before the Court is the parties' Joint Motion to Dismiss with Prejudice, advising the Court that all matters in controversy between Plaintiff Heather Nelson and Defendants Kroger Texas L.P. and The Kroger Co. have been fully and completely compromised and settled and that Plaintiff no longer desires to pursue this cause or any claims related to this cause against Defendants (Doc. #23 ). Accordingly, the motion is GRANTED. It is therefore ORDERED that Plaintiff's claims against Defendants Kroger Texas L.P. and The Kroger Co. in this action are dismissed with prejudice against the refiling of same, with each party to pay their own court costs. (Ordered by Judge Ada Brown on 9/22/2020) (ctf)
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| Filing 23 Joint MOTION to Dismiss with Prejudice filed by Kroger Texas LP, The Kroger Company (Attachments: #1 Proposed Order) (Stumbaugh, Michael) |
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Filing 22
ELECTRONIC ORDER granting #21 Defendants' Unopposed Motion to Withdraw. Defendants' Motion to Strike Plaintiff's Affidavits (Doc. No 18) is withdrawn and terminated as moot. (Ordered by Judge Ada Brown on 7/23/2020) (chmb)
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| Filing 21 Unopposed MOTION to Withdraw Their Motion to StrikePlaintiff's Affidavits filed by Kroger Texas LP, The Kroger Company (Attachments: #1 Proposed Order) (Stumbaugh, Michael) |
| Filing 20 Appendix in Support filed by Kroger Texas LP, The Kroger Company re #18 MOTION to Strike Plaintiff's Affidavits Served Ostensibly Pursuant to Texas Civil Practice and Remedies Code Section 18.001 (Attachments: #1 Exhibit(s)) (Stumbaugh, Michael) |
| Filing 19 Brief/Memorandum in Support filed by Kroger Texas LP, The Kroger Company re #18 MOTION to Strike Plaintiff's Affidavits Served Ostensibly Pursuant to Texas Civil Practice and Remedies Code Section 18.001 (Stumbaugh, Michael) |
| Filing 18 ***WITHDRAWN per #21 Motion*** MOTION to Strike Plaintiff's Affidavits Served Ostensibly Pursuant to Texas Civil Practice and Remedies Code Section 18.001 filed by Kroger Texas LP, The Kroger Company (Attachments: #1 Proposed Order) (Stumbaugh, Michael) Modified on 9/4/2020 (chmb). |
| Filing 17 NOTICE of No Conflict filed by Kroger Texas LP, The Kroger Company (Stumbaugh, Michael) |
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Filing 16
SCHEDULING ORDER: Joinder of Parties due by 7/24/2020. Amended Pleadings due by 7/24/2020. Deadline for mediation is on or before 3/15/2021. Motions due by 1/18/2021. Discovery due by 2/19/2021. Pretrial Materials due by 4/9/2021. Pretrial Order due by 4/9/2021. Pretrial Conference set for 5/3/2021 at 10:00 AM before Judge Ada Brown. Trial set for three-week docket beginning 5/4/2021 before Judge Ada Brown. (Ordered by Judge Ada Brown on 4/24/2020) (mla)
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| Filing 15 Joint STATUS REPORT filed by Kroger Texas LP, The Kroger Company. (Stumbaugh, Michael) |
| Filing 14 AMENDED ANSWER to #10 Amended Complaint,, filed by Kroger Texas LP, The Kroger Company (Stumbaugh, Michael) |
| Filing 13 DEMAND for Trial by Jury by Kroger Texas LP, The Kroger Company. (Stumbaugh, Michael) |
| Filing 12 Designation of lead counsel Michael W Stumbaugh, II for Defendants Kroger Texas LP, The Kroger Company. (Stumbaugh, Michael) |
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Filing 11
STATUS REPORT ORDER: Joint Status Report Due Three (3) Weeks from the Date of this Order. (Ordered by Judge Ada Brown on 4/6/2020) (aaa)
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| Filing 10 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Heather Nelson. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (Hamilton, Christopher) |
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Filing 9
ORDER: Until plaintiff properly alleges defendants' citizenship, the Court is not shown to have subject matter jurisdiction. Accordingly, no later than fourteen days from the date of this order, plaintiff must file an amended complaint that alleges diversity of citizenship in conformity with 28 U.S.C. 1332; otherwise, this action will be dismissed without prejudice for want of jurisdiction. (Ordered by Judge Ada Brown on 3/25/2020) (chmb)
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| Filing 8 ANSWER to #1 Complaint, filed by Kroger Texas LP, The Kroger Company. 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. (Briscoe, B) |
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Filing 7
ELECTRONIC ORDER: The undersigned orders that all civil and criminal bench and jury trials, in-person court hearings, and sentencing proceedings scheduled to take place through May 1, 2020, are continued due to concerns about COVID-19 and consistent with the Northern District of Texas's Special Order Nos. 13-5 and 13-6, entered by Chief Judge Barbara Lynn on March 13, and March 18, 2020, respectively. In addition, if the attorneys have been ordered to conduct a face-to-face meeting for purposes of preparing a Rule 26(f) Joint Report, an in-person meeting is no longer required. These continuances do not modify any pending deadlines other than the trial or hearing dates mentioned above. Attorneys should file a motion with the Court to modify any other deadlines unless, as is the case in some cases transferred to this Court from other judges, the scheduling order allows the parties to reset deadlines by agreement without Court approval. Due to the Court's reduced ability to obtain an adequate spectrum of jurors, and due to the reduced availability of attorneys and court staff to be present in courtrooms because of the public health considerations associated with COVID-19, the period of the continuances associated with this Order and Special Order Nos. 13-5 and 13-6 are excluded by the Speedy Trial Act, 18 U.S.C. 3161(h) and 18 U.S.C. 3161 (h)(7)(A). The Court finds that the ends of justice served by ordering these continuances outweigh the best interests of the public and each defendants right to a speedy trial. In fact, the best interests of the public are served by these continuances. The Court encourages the parties to communicate with opposing counsel and litigants by video or telephone whenever possible. (Ordered by Judge Ada Brown on 3/19/2020) (lrl)
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Filing 6
Special Orders 13-5 and 13-6 re: Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic (Ordered by Chief Judge Barbara M. G. Lynn on 3/16/2020 and 3/18/2020)(lrl)
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| Filing 5 SUMMONS Returned Executed as to All Defendants. (Hamilton, Christopher) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Heather Nelson. (Hamilton, Christopher) |
| Filing 3 Summons Issued as to Kroger Texas LP, The Kroger Company. (oyh) |
| Filing 2 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| Filing 1 COMPLAINT against Kroger Texas LP d, The Kroger Company filed by Heather Nelson. (Filing fee $400; Receipt number 0539-10638121) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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, instructions, and exemption information may be 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) (Hamilton, Christopher) Modified TEXT on 2/21/2020 (oyh). |
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