Leday, Sr. v. Wal-Mart Stores Texas, LLC
| Jermaine E Leday |
| Wal-Mart Stores Texas, LLC doing business as Walmart, Anthony Mitchell, Ronnie Mickens, Mervin Raggins, Kathy Dollinger, Terry Weunschel, Tax Assessor Collectors, Tax Assessor Collector's Office of Jefferson County, Michael Longoria, Joshua Doe, Rohan Doe, Tina Bean, Five Star Feeds, LLC, Ross and Mathews P.C., Kara Hensley, Attorney Sarah Godfrey, Thomas Smith, Roger G. Jain, John Does 1-200, Walmart Supercenter Store, City of Port Arthur, Texas, Jefferson County, Texas, Jane Does 1-200, Ximora Jones, Legal Shield, H. Pedrios and Walmart Supercenter Store No. 2066 |
| 4:2026cv00712 |
| January 30, 2026 |
| U.S. District Court for the Southern District of Texas |
| Alfred H Bennett |
| Peter Bray |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on August 28, 2026. A more recent docket listing may be available from PACER.
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| Filing 56 Opposed MOTION for Extension of Time to serve additional defendants by Jermaine E Leday, filed. Motions referred to Peter Bray. Motion Docket Date 8/18/2026. (Attachments: #1 Proposed Order motion to serve out of time, #2 Proposed Order order to proceed IFP, #3 Exhibit usm 285, #4 Exhibit usm 285, #5 Exhibit usm 285, #6 Exhibit usm 285, #7 Exhibit usm 285, #8 Exhibit usm 285, #9 Exhibit usm 285, #10 Exhibit usm 285) (Leday, Jermaine) |
| Filing 55 NOTICE of Second Supplemental Disclosures by Wal-Mart Stores Texas, LLC, filed. (Ramirez, John) |
Filing 54
ORDER REFERRING CASE to Magistrate Judge Peter Bray (Signed by Judge Alfred H Bennett) Parties notified. (jm4)
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Filing 53
ORDER granting #10 Motion for Leave to File Electronically.(Signed by Judge Alfred H Bennett) Parties notified. (jm4)
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| Filing 52 NOTICE of Rule 30(b)(6) Deposition - Corporate Representative by Jermaine Leday, Sr., filed. (jen7) |
| Filing 51 MOTION to Withdraw #47 MOTION to Compel by Jermaine Leday, Sr., filed. Motion Docket Date 7/2/2026. (Attachments: #1 Proposed Order) (sew4) |
| Filing 50 NOTICE of First Supplemental Disclosures by Wal-Mart Stores Texas, LLC, filed. (Ramirez, John) |
| Filing 49 MOTION for Temporary Restraining Order and Permanent Injunction by Jermaine Leday, Sr., filed. Motion Docket Date 6/16/2026. (Attachments: #1 Declaration, #2 Exhibit, #3 Proposed Order, #4 Proposed Order) (cak4) |
| Filing 48 MOTION for Reconsideration of #16 EMERGENCY MOTION to Expedite Hearing on Discovery MOTION for Appointment of Counsel by Jermaine Leday, Sr., filed. Motion Docket Date 6/16/2026. (Attachments: #1 Exhibit, #2 Proposed Order) (cak4) |
| Filing 47 MOTION to Compel with Exception and Objection by Jermaine Leday, Sr., filed. Motion Docket Date 6/16/2026. (Attachments: #1 Proposed Order) #2 Declaration) (cak4) |
| Filing 46 MOTION for Leave to File Fourth Amended Complaint by Jermaine Leday, Sr., filed. Motion Docket Date 6/16/2026. (Attachments: #1 Declaration, #2 Proposed Order) (cak4) |
| Filing 45 RESPONSE in Opposition to #43 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. DEFENDANT WAL-MART STORES TEXAS, LLCS CONDITIONAL AND ALTERNATIVE MOTION TO DISMISS PLAINTIFFS LATE-FILED FOURTH AMENDED PETITION PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, filed by Jermaine Leday, Sr.. (Attachments: #1 Exhibit, #2 Proposed Order, #3 Declaration) (cak4) |
| Filing 44 APPLICATION to Proceed In Forma Pauperis w/ Proposed Order by Jermaine Leday, Sr., filed. Motion Docket Date 6/16/2026. (bwl4) |
| Filing 43 MOTION to Dismiss #41 Amended Complaint/Counterclaim/Crossclaim etc. DEFENDANT WAL-MART STORES TEXAS, LLCS CONDITIONAL AND ALTERNATIVE MOTION TO DISMISS PLAINTIFFS LATE-FILED FOURTH AMENDED PETITION PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 8, 10, AND 12(b)(6), SUBJECT TO AND WITHOUT WAIVING DEFENDANTS PENDING RULE 41(b) MOTION by Wal-Mart Stores Texas, LLC, filed. Motion Docket Date 6/11/2026. (Attachments: #1 Proposed Order) (Molina, Rose) |
| Filing 41 Fourth AMENDED COMPLAINT with Jury Demand against All Defendants filed by Jermaine Leday, Sr.. Related document: #32 Third Amended Complaint filed by Jermaine Leday, Sr.. (Attachments: #1 Declaration) (dmm4) |
| Filing 40 MOTION to Dismiss for Failure to Prosecute and Failure to Comply with Court Order by Wal-Mart Stores Texas, LLC, filed. Motion Docket Date 5/26/2026. (Attachments: #1 Proposed Order) (Molina, Rose) |
| Filing 42 NOTICE re: Application to Proceed in Forma Pauperis by Jermaine Leday, Sr., filed. (dmm4) |
| Minute Entry for proceedings held before Judge Alfred H. Bennett. STATUS CONFERENCE held on 4/24/2026. The Court took up the following motions on the record. Granted [Doc #10] Motion for Leave to file Electronically. Denied [Doc. #11] Motion to Strike; and [Doc. #16] Emergency Motion, Motion to Expedite Hearing on Discovery, Motion for Appointment of Counsel. Denied as Moot [Doc. #18] Motion to Dismiss Pursuant to FRCP 12(b)(6); [Doc. #19] Motion to Stay Discovery; [Doc. #22] Motion for Extension of Time to Serve Additionally Joined Defendants; [Doc. #28] Motion for Leave to File 2nd Amended Complaint; [Doc. #33] Motion for Leave to File Electronically; and [Doc. #36] Motion to Strike. The Court instructs Plaintiff to file his Fourth Amended Complaint within 7 days, after which time Plaintiff is prohibited from further amending his complaint for 90 days. Appearances: Jermaine Leday Sr. and Rose Marie Molina.(Court Reporter: A. Hailey), filed. (dm4) |
| Filing 39 RESPONSE in Opposition to #24 MOTION Retroactive Validation of Email Service of Discover y, Reauest for Hearing and Notice of Prejudice MOTION for Hearing, filed by Wal-Mart Stores Texas, LLC. (Attachments: #1 Proposed Order) (Molina, Rose) |
| Filing 38 RESPONSE in Opposition to #22 MOTION for Extension of Time to Serve Additionally Joined Defendants, filed by Wal-Mart Stores Texas, LLC. (Attachments: #1 Proposed Order) (Molina, Rose) |
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Filing 37
SCHEDULING ORDER. Amended Pleadings and Joinder of Parties due by 5/15/2026. Pltf Expert Report due by 10/23/2026. Deft Expert Report due by 11/20/2026. Discovery due by 2/1/2027. Dispositive Motion Filing due by 3/1/2027. Joint Pretrial Order and Motions in Limine due by 6/17/2027. Docket Call set for 7/2/2027 at 01:30 PM in Courtroom 9A before Judge Alfred H Bennett. Jury Trial set for 7/12/2027 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett. (Signed by Magistrate Judge Peter Bray) Parties notified. (abb4)
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| Minute Entry for INITIAL SCHEDULING CONFERENCE held before Magistrate Judge Peter Bray on 4/17/2026. The court will enter separately a scheduling and docket control order. Appearances: Jermaine Leday, Sr., Rose Marie Molina.(ERO:YES) (abb4) |
| Filing 36 MOTION to Strike #32 Amended Complaint/Counterclaim/Crossclaim etc. by Wal-Mart Stores Texas, LLC, filed. Motion Docket Date 5/7/2026. (Attachments: #1 Proposed Order) (Molina, Rose) |
| Filing 35 Summons Not Issued as to Jermaine Leday, Sr. due to these deficiencies: Party named on summons is not a named defendant on the case. Attorney or Plaintiff notified of deficiencies by First-class mail, filed. (cak4) |
| Filing 34 CERTIFICATE OF SERVICE OF INITIAL DISCLOSURES by Jermaine Leday, Sr., filed. (cak4) |
| Filing 33 MOTION for Leave to File Electronically by Jermaine Leday, Sr., filed. Motion Docket Date 5/5/2026. (cak4) |
| Filing 32 THIRD AMENDED COMPLAINT with Jury Demand against All Defendants filed by Jermaine Leday, Sr.. (cak4) |
| Filing 31 REPLY in Support of #18 MOTION to Dismiss Pursuant to FRCP 12(b)(6), filed by Wal-Mart Stores Texas, LLC. (Molina, Rose) |
| Filing 30 REPLY in Support of #19 MOTION to Stay DISCOVERY PENDING RULING ON DEFENDANTS RULE 12(b)(6) MOTION TO DISMISS, OR ALTERNATIVELY, FOR PROTECTIVE ORDER, filed by Wal-Mart Stores Texas, LLC. (Molina, Rose) |
| Filing 29 NOTICE of Setting as to #18 MOTION to Dismiss Pursuant to FRCP 12(b)(6). Parties notified. Motion Hearing set for 4/24/2026 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett, filed. (lre4) |
| Filing 28 MOTION for Leave to File 2nd Amended Complaint by Jermaine Leday, Sr., filed. Motion Docket Date 4/27/2026. (Attachments: #1 Complaint) (anc4) |
| Filing 27 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Wal-Mart Stores Texas, LLC, filed. (Molina, Rose) |
| Filing 26 NOTICE of Initial Disclosures by Wal-Mart Stores Texas, LLC, filed. (Ramirez, John) |
| Filing 25 RESPONSE in Opposition to #18 MOTION to Dismiss Pursuant to FRCP 12(b)(6), filed by Jermaine Leday, Sr.. (dlr1) |
| Filing 24 MOTION Retroactive Validation of Email Service of Discovery, Request for Hearing and Notice of Prejudice( Motion Docket Date 4/22/2026.) by Jermaine Leday, Sr., filed. (dlr1) |
| Filing 23 REPLY in Support of #16 EMERGENCY MOTION MOTION to Expedite Hearing on Discovery MOTION for Appointment of Counsel, filed by Jermaine Leday, Sr.. (dlr1) |
| Filing 22 MOTION for Extension of Time to Serve Additionally Joined Defendants by Jermaine Leday, Sr., filed. Motion Docket Date 4/22/2026. (dlr1) |
| Filing 21 RESPONSE in Opposition to #19 MOTION to Stay DISCOVERY PENDING RULING ON DEFENDANTS RULE 12(b)(6) MOTION TO DISMISS, OR ALTERNATIVELY, FOR PROTECTIVE ORDER, filed by Jermaine Leday, Sr.. (dlr1) |
| Summons Issued as to Tina Bean, City of Port Arthur, Michael Longoria, Thomas Smith, Tax Assessor Collector's Office of Jefferson County. Issued summons delivered to plaintiff in person, filed. (hl4) |
| Filing 20 RESPONSE in Opposition to #16 EMERGENCY MOTION MOTION to Expedite Hearing on Discovery MOTION for Appointment of Counsel, filed by Wal-Mart Stores Texas, LLC. (Attachments: #1 Proposed Order) (Molina, Rose) |
| Filing 19 MOTION to Stay DISCOVERY PENDING RULING ON DEFENDANTS RULE 12(b)(6) MOTION TO DISMISS, OR ALTERNATIVELY, FOR PROTECTIVE ORDER by Wal-Mart Stores Texas, LLC, filed. Motion Docket Date 4/1/2026. (Attachments: #1 Proposed Order) (Molina, Rose) |
| Filing 18 MOTION to Dismiss Pursuant to FRCP 12(b)(6) by Wal-Mart Stores Texas, LLC, filed. Motion Docket Date 4/1/2026. (Attachments: #1 Proposed Order) (Molina, Rose) |
| Filing 17 REPLY in Support of #11 MOTION to Strike, filed by Jermaine Leday, Sr. (amp4) |
| Filing 16 EMERGENCY MOTION to Expedite Hearing on Discovery (Motion Docket Date 3/31/2026.), Access to Cm/ECF System, MOTION for Appointment of Counsel, Pending Motion to Strike Defendant's Answer, and for Nunc Pro Tunc Order Adding Parties by Jermaine Leday, Sr., filed. (Attachments: #1 Proposed Order) (amp4) |
| Filing 15 ANSWER to #12 Amended Complaint/Counterclaim/Crossclaim etc. by Wal-Mart Stores Texas, LLC, filed. (Molina, Rose) |
| Filing 14 RESPONSE in Opposition to #11 MOTION to Strike, filed by Wal-Mart Stores Texas, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order) (Molina, Rose) |
| Filing 13 DECLARATION in Support by Jermaine Leday Sr. re: #11 MOTION to Strike, filed. (smg4) |
| Filing 12 AMENDED COMPLAINT against all defendants filed by Jermaine Leday, Sr. (smg4) |
| Filing 11 MOTION to Strike by Jermaine Leday, Sr., filed. Motion Docket Date 3/12/2026. (Attachments: #1 Proposed Order) (mmm4) (Additional attachment(s) added on 2/19/2026: #2 Exhibits) (mmm4). |
| Filing 10 MOTION for Permission to File Electronically by Jermaine Leday, Sr., filed. Motion Docket Date 3/12/2026. (Attachments: #1 Proposed Order) (mmm4) |
| Filing 9 NOTICE of Resetting. Parties notified. Initial Conference reset for 4/17/2026 at 10:00 AM by video before Magistrate Judge Peter Bray, filed. (abb4) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Wal-Mart Stores Texas, LLC, filed. (Ramirez, John) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Wal-Mart Stores Texas, LLC, filed. (Ramirez, John) |
| Filing 6 CERTIFICATE OF SERVICE IN A REMOVED ACTION by Wal-Mart Stores Texas, LLC, filed. (Attachments: #1 Exhibit) (Ramirez, John) |
| Filing 5 NOTICE of Appearance by Rose M. Molina on behalf of Wal-Mart Stores Texas, LLC, filed. (Molina, Rose) |
| Filing 4 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (amp4) |
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/16/2026 at 10:00 AM by video before Magistrate Judge Peter Bray. (Signed by Magistrate Judge Peter Bray) Parties notified. (amp4)
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| Filing 2 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (amp4) |
| Referral Judge Selected: Magistrate Judge Peter Bray randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (amp4) |
| Filing 1 NOTICE OF REMOVAL from 269th District Court, Harris County, case number 2026-01355 (Filing fee $ 405 receipt number ATXSDC-34975689) filed by Wal-Mart Stores Texas, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Plaintiff's Original Petition, #3 Exhibit Original Answer (State Court)) (Ramirez, John) |
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