Applewhite v. Coca-Cola Southwest Beverages LLC et al
Plaintiff: KARLA APPLEWHITE
Defendant: Coca-Cola Southwest Beverages LLC and Five Below Inc
Pretrial Services: ADR Provider
Case Number: 3:2026cv00946
Filed: March 24, 2026
Court: U.S. District Court for the Northern District of Texas
Presiding Judge: Karen Gren Scholer
Nature of Suit: Contract: Contract Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 18, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2026 Opinion or Order Filing 16 SCHEDULING ORDER: Discovery due by 5/21/2027. Dispositive Motions due by 6/11/2027. The parties shall mediate this case before Mark Gilbert ("Mediator") at least 90 days before the Trial Setting. Pretrial Conference set for 10/4/2027 at 01:30 PM before Judge Karen Gren Scholer. This case is set for JURY trial on the Court's three-week docket beginning 10/12/2027 before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 5/18/2026) (twd)
May 8, 2026 Filing 15 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Five Below Inc. (Clerk QC note: No affiliate entered in ECF). (Vaclavik, Camille)
May 8, 2026 Opinion or Order Filing 14 ORDER REFERRING CASE TO MEDIATION: The Court ORDERS this case to mediation before: Mark Gilbert. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Mediation shall be in person or by videoconference, as directed by the Mediator, and completed by 90 days before trial. (Ordered by Judge Karen Gren Scholer on 5/8/2026) (twd)
May 8, 2026 Filing 13 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Scheduling Conference held on 5/8/2026. Attorney Appearances: Plaintiff - Patrick Kelly; Defense - Morgan Barton, Camille Vaclavik. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :10. (tub)
May 7, 2026 Filing 12 NOTICE of Attorney Appearance by Morgan Barton on behalf of Coca-Cola Southwest Beverages LLC. (Filer confirms contact info in ECF is current.) (Barton, Morgan)
May 5, 2026 Filing 11 Proposal for contents of scheduling and discovery order by Coca-Cola Southwest Beverages LLC. (Estes, David)
May 5, 2026 Filing 10 Joint STATUS REPORT filed by Coca-Cola Southwest Beverages LLC. (Estes, David)
May 4, 2026 Filing 9 NOTICE of Attorney Appearance by Camille Ann Vaclavik on behalf of Five Below Inc. (Filer confirms contact info in ECF is current.) (Vaclavik, Camille)
April 28, 2026 Opinion or Order Filing 8 ELECTRONIC ORDER: **TIME CHANGE ONLY** The Court RESETS the May 8, 2026, FRCP 16 Scheduling Conference to 11:00 a.m. (Ordered by Judge Karen Gren Scholer on 4/28/2026) (chmb)
April 27, 2026 Opinion or Order Filing 7 ORDER SETTING INITIAL HEARING: FRCP 16 Scheduling Conference set for 5/8/2026 01:00 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 4/27/2026) (kaf)
April 27, 2026 ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Mon Apr 27 11:36:20 CDT 2026 (crt)
April 16, 2026 Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Karla Applewhite. (Clerk QC note: No affiliate entered in ECF). (Kelly, Patrick)
April 2, 2026 Filing 5 ANSWER to Complaint with Jury Demand filed by Five Below Inc. 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. Attorney Jordan Carlile White added to party Five Below Inc(pty:dft) (White, Jordan)
March 24, 2026 Opinion or Order Filing 4 ELECTRONIC STANDING ORDER: Counsel are required to review and comply with the Court's Judge Specific Requirements, which can be found here: # Judge Requirements . The Court updates its Requirements periodically. Also, counsel are required to review and comply with the Northern District of Texas's Local Civil Rules, which can be found here: # Civil Rules . In particular, the Court directs counsel to review Rules 3.1, 7.4, and 81.2, regarding certificates of interested persons, and Rule 83.10, regarding local counsel. Counsel are expected to review the Requirements and Local Rules before contacting the Court with questions. (Ordered by Judge Karen Gren Scholer on 3/24/2026) (kxm)
March 24, 2026 Filing 3 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. (kxm)
March 24, 2026 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Coca-Cola Southwest Beverages LLC. (Clerk QC note: Affiliate entry indicated). (Perez Franco, Homero)
March 24, 2026 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Coca-Cola Southwest Beverages LLC. (Filing fee $405; receipt number ATXNDC-16300922) 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 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s)) (Perez Franco, Homero) (Attachment 1 flattened on 3/25/2026) (kxm). (Attachment 2 flattened on 3/25/2026) (kxm). Modified on 3/25/2026 (kxm).

Access additional case information on PACER

Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.

Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Applewhite v. Coca-Cola Southwest Beverages LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: KARLA APPLEWHITE
Represented By: Louis M Fouts, III
Represented By: Patrick R Kelly
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Coca-Cola Southwest Beverages LLC
Represented By: Homero Perez Franco, III
Represented By: David H Estes
Represented By: Morgan R Barton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Five Below Inc
Represented By: Madeline Smith Hebert
Represented By: Jordan Carlile White
Represented By: Camille Ann Vaclavik
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Pretrial services: ADR Provider
Represented By: Mark W Gilbert
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?