Emberland v. Lowe's Companies Inc et al
| Mary Beth Emberland |
| Lowe's Companies Inc and Lowe's Home Centers LLC |
| 3:2020cv00986 |
| April 21, 2020 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Labor: Employee Retirement Income Security Act (ERISA) |
| 29 U.S.C. § 1362 |
| None |
Docket Report
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This docket was last retrieved on April 22, 2020. A more recent docket listing may be available from PACER.
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| Filing 28 Case electronically transferred in from District of Texas Southern; Case Number 4:19-cv-03281. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 29 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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (hml) |
Filing 27
ORDER TO TRANSFER CASE to Northern District of Texas, Dallas Division; Granting #11 Defendant Lowe's Companies, Inc.'s Opposed Motion to Transfer Venue. (Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4) [Transferred from Texas Southern on 4/22/2020.]
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| Interdistrict transfer to Northern District of Texas, Dallas Division. Case transferred electronically. Case terminated on 04/21/2020, filed. (marflores, 4) [Transferred from Texas Southern on 4/22/2020.] |
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Filing 26
ORDER Granting #25 Motion to Substitute Attorney. Attorney Clarkson F Brown and Paul Garcia terminated. (Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4) [Transferred from Texas Southern on 4/22/2020.]
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| Filing 25 Unopposed MOTION to Substitute Attorney Claudine G. Jackson in place of Clarkson F. Brown by Lowe's Companies, Inc., Lowe's Home Centers, LLC, filed. Motion Docket Date 3/27/2020. (Attachments: #1 Proposed Order)(Jackson, Claudine) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 24 ANSWER to #13 Amended Complaint/Counterclaim/Crossclaim etc. by Lowe's Home Centers, LLC, filed.(Brown, Clarkson) [Transferred from Texas Southern on 4/22/2020.] |
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Filing 23
DOCKET CONTROL ORDER. Joinder of Parties due by 4/24/2020. Pltf Expert Witness List due by 6/11/2020. Deft Expert Witness List due by 7/16/2020. Discovery due by 10/1/2020. Dispositive Motion Filing due by 12/10/2020. Non-Dispositive Motion Filing due by 12/10/2020. Joint Pretrial Order due by 4/1/2021. Docket Call set for 5/7/2021 at 04:00 PM in Courtroom 11D before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4) [Transferred from Texas Southern on 4/22/2020.]
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| Filing 22 Minute Entry for proceedings held before Judge Ewing Werlein, Jr. RULE 16 SCHEDULING CONFERENCE held on 1/17/2020. Docket Control Order entered. Appearances: John Caldwell Fletcher for Pltf, Claudine G Jackson and Clarkson F Brown for Dfts. Law Clerk: R. Thompson, filed. (marflores, 4) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 21 NOTICE of Appearance by Paul Garcia on behalf of Lowe's Companies, Inc., filed. (Brown, Clarkson) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 20 NOTICE of Appearance by Clarkson Brown on behalf of Lowe's Companies, Inc., filed. (Brown, Clarkson) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 19 TIME CHANGE ONLY. NOTICE of Resetting. Parties notified. Initial Conference set for 1/17/2020 at 02:45 PM in Room 11521 before Judge Ewing Werlein, Jr, filed. (marflores, 4) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 18 ANSWER to #13 Amended Complaint/Counterclaim/Crossclaim etc. by Lowe's Companies, Inc., filed.(Jackson, Claudine) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 17 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Mary Beth Emberland, filed.(Fletcher, John) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 16 Summons Issued as to Lowe's Home Centers, LLC. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 15 Request for Issuance of Summons as to Lowe's Home Centers, LLC, filed.(Fletcher, John) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 14 RESPONSE in Opposition to #11 Opposed MOTION to Transfer Case to Northern District of Texas, Dallas Division, filed by Mary Beth Emberland. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Proposed Order proposed Order)(Fletcher, John) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 13 First AMENDED COMPLAINT against All Defendants filed by Mary Beth Emberland.(Fletcher, John) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 12 ANSWER to #1 Complaint by Lowe's Companies, Inc., filed.(Jackson, Claudine) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 11 Opposed MOTION to Transfer Case to Northern District of Texas, Dallas Division by Lowe's Companies, Inc., filed. Motion Docket Date 12/23/2019. (Attachments: #1 Exhibit A, #2 Proposed Order)(Jackson, Claudine) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 10 Corrected CERTIFICATE OF INTERESTED PARTIES by Lowe's Companies, Inc., filed.(Jackson, Claudine) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 9 CERTIFICATE OF INTERESTED PARTIES by Lowe's Companies, Inc., filed.(Jackson, Claudine) [Transferred from Texas Southern on 4/22/2020.] |
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Filing 8
ORDER Granting #7 Unopposed Motion for Extension of Time to Respond to Plaintiff's Original Complaint. Response due 12/04/2019. (Signed by Judge Ewing Werlein, Jr) Parties notified. (marflores, 4) [Transferred from Texas Southern on 4/22/2020.]
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| Filing 7 MOTION for Extension of Time to Repond to Plaintiff's Original Complaint by Lowe's Companies, Inc., Lowe's Companies, Inc. as Appeals Committee of Lowe's Occupational Injury Plan, filed. Motion Docket Date 12/2/2019. (Attachments: #1 Proposed Order)(Jackson, Claudine) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 6 NOTICE of Resetting. Parties notified. Initial Conference reset for 1/17/2020 at 04:15 PM in Room 11521 before Judge Ewing Werlein, Jr, filed. (marflores, 4) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 5 CERTIFICATE OF INTERESTED PARTIES by Mary Beth Emberland, filed.(Fletcher, John) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 4 Summons Issued as to Lowe's Companies, Inc., Lowe's Companies, Inc. as Appeals Committee of Lowe's Occupational Injury Plan. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 summons)(jdav, 4) [Transferred from Texas Southern on 4/22/2020.] |
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/10/2020 at 03:00 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified.(LoriPurifoyadi, 4) [Transferred from Texas Southern on 4/22/2020.]
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| Filing 2 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Continuation second summons requested)(Fletcher, John) [Transferred from Texas Southern on 4/22/2020.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-23085367) filed by Mary Beth Emberland.(Fletcher, John) [Transferred from Texas Southern on 4/22/2020.] |
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