Price v. Wal Mart et al
Plaintiff: Michael S. Price
Defendant: Kurt Harbin and Wal Mart
Case Number: 4:2018cv00071
Filed: October 18, 2018
Court: US District Court for the District of Utah
Presiding Judge: David Nuffer
Referring Judge: Dustin B Pead
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 20, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2018 Filing 18 DECLARATION of Kurt Harbin filed by Wal Mart. (Schumann, Marianne)
November 19, 2018 Opinion or Order Filing 17 SCHEDULING ORDER: Amended Pleadings due by 8/19/2019. Joinder of Parties due by 8/19/2019. Expert Discovery due by 2/28/2020. Dispositive or Potentially Dispositive Motions due by 3/20/2020. Final Pretrial Conference set for 6/2/2020 at 02:30 PM in Room 2B (St George) before Judge David Nuffer. 4-Day Jury Trial set for 6/16/2020 at 08:15 AM in Room 2B (St George) before Judge David Nuffer. Signed by Judge David Nuffer on 11/19/18. (dla)
November 19, 2018 Filing 16 Minute Entry for proceedings held before Judge David Nuffer: Case Management and Scheduling Conference held on 11/19/2018. Counsel present. Court hears statements from counsel regarding removal of case. Plaintiff does not object to removal. Court will retain jurisdiction over case. Court hears statements from counsel regarding scheduling and case management. Parties agree to 10 depositions each. Plaintiff's expert disclosures and reports due by 9/5/19. Defendants' expert disclosures and reports due by 11/4/19. Counter report due 12/4/19. Last day of fact and expert discovery is 2/28/20. Dispositive motions due 3/20/20. Plaintiff's pretrial disclosures due 6/12/20. Defendant's pretrial disclosures due 6/26/20. Final pretrial conference set 8/4/20 at 2:30 p.m.; 4 day jury trial set 8/18/20 at 8:15 a.m. in St. George. An alternative schedule shall be implemented in the event that no dispositive motions are filed by 3/20/20, with trial and trial related dates adjusted accordingly. Plaintiff to notify Defendants by 12/21/18 if defendant Harbin will be voluntarily dismissed. Follow-up telephonic status conference set for 3/7/19 at 9:00 a.m. after initial disclosures have been exchanged to further evaluate settlement. Scheduling Order will follow. Court adjourned. Attorney for Plaintiff: Michael C. Smith, Attorney for Defendant: Tyson Horrocks. Court Reporter: Electronic.(Time Start: 1:30 p.m., Time End: 2:00 p.m., Room 2B St. George.)(gss)
November 14, 2018 Opinion or Order Filing 15 Motions No Longer Referred: #14 MOTION for Scheduling Order to be heard by district judge. (hjt)
November 14, 2018 Filing 14 MOTION for Scheduling Order filed by Defendant Wal Mart. Motions referred to Dustin B. Pead.(Schumann, Marianne)
November 14, 2018 Filing 13 REPORT OF ATTORNEY PLANNING MEETING. (Schumann, Marianne)
November 13, 2018 Opinion or Order Filing 12 ORDER TO SHOW CAUSE - Parties have not complied with #10 Order to Propose Schedule. IT IS ORDERED that the parties shall meet, confer and on or before noon on November 16, 2018, file an attorneys planning meeting report and submit a proposed scheduling order as outlined in the Order to Propose Schedule and at # http://www.utd.uscourts.gov/civil-case-scheduling. IT IS FURTHER ORDERED that parties shall come prepared to argue whether the court has jurisdiction over this matter at the case management and scheduling conference set for 11/19/18. Signed by Judge David Nuffer on 11/13/18. (hjt)
October 25, 2018 Filing 11 AMENDED NOTICE OF HEARING:Case Management & Scheduling Conference reset for Monday, 11/19/2018 at 01:30 PM in Room 2B (St George) before Judge David Nuffer. (moved from 11/21/2018)Court Address: 206 West Tabernacle, St George, Utah (asb)
October 22, 2018 Opinion or Order Filing 10 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen (14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Judge David Nuffer on 10/22/18 (alt)
October 22, 2018 Opinion or Order Filing 9 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. So ordered by Judge David Nuffer on 10/22/18 (docket text only - no attached document) (alt)
October 22, 2018 Filing 8 NOTICE OF HEARING:Case Management & Scheduling Conference set for Wednesday, 11/21/2018 at 09:00 AM in Room 2B (St George) before Judge David Nuffer. Court Address: 206 West Tabernacle, St George, Utah (asb)
October 22, 2018 Filing 7 NOTICE FROM THE COURT This case is assigned to the Southern Region of the Central Division of the District of Utah. More information is on the court's #Southern Region web page. (asb)
October 19, 2018 Filing 6 File Downloaded from XChangeWEB for 5th Dist Court, Iron Cnty, consisting of copies of docket sheet and documents filed in state court (Attachments: #1 State Court Complaint, #2 State Court Amended Cmp, #3 State Court Service Executed re Wal Mart, #4 State Court Service Executed re K Harbin) (alt)
October 19, 2018 Filing 5 DEMAND for Trial by Jury by Defendant Wal Mart. (Rice, Mitchel)
October 18, 2018 Filing 4 NOTICE OF ADR, e-mailed or mailed to Defendants Kurt Harbin, Wal Mart and Plaintiff Michael S. Price. (tlh)
October 18, 2018 Filing 3 ANSWER to Complaint filed by Wal Mart.(Rice, Mitchel)
October 18, 2018 Filing 2 NOTICE OF REMOVAL (Filing fee $ 400, receipt number 1088-3127314) filed by Wal Mart and Kurt Harbin. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Amended Complaint, #3 Exhibit B - Summons) Assigned to Judge David Nuffer (Rice, Mitchel) Modified on 10/18/2018 by adding Kurt Harbin as a filer under the Defendants(tlh).
October 18, 2018 Filing 1 Case has been indexed and assigned to Judge David Nuffer. Defendants Kurt Harbin and Wal Mart are directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (tlh)

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Defendant: Kurt Harbin
Represented By: Andrea M. Keysar
Represented By: Marianne Schumann
Represented By: Mitchel T. Rice
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Defendant: Wal Mart
Represented By: Andrea M. Keysar
Represented By: Marianne Schumann
Represented By: Mitchel T. Rice
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Plaintiff: Michael S. Price
Represented By: Allen M. Young
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