Emerson v. Shaws Supermarkets, Inc.
| Michael Emerson |
| Shaws Supermarkets, Inc. and Fresh Ideation Food Group, LLC doing business as Fresh Creative Cuisine |
| 2:2023cv00626 |
| November 15, 2023 |
| US District Court for the District of Vermont |
| William K Sessions |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 23 AMENDED COMPLAINT against Shaws Supermarkets, Inc., Fresh Ideation Food Group, LLC filed by Michael Emerson. (Attachments: #1 Certificate of Service)(law) |
| ISSUED Summons as to Fresh Ideation Food Group, LLC.(law) |
Filing 22
ORDER granting #20 Assented-To Motion to Amend #1 Complaint. Signed by Judge William K. Sessions III on 12/20/2023. (This is a text-only Order.) (eae)
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| Filing 21 ENE LETTER re: past due selection of evaluator; responses due by 12/15/2023. (law) |
| Filing 20 ASSENTED-TO MOTION to Amend #1 Complaint filed by Michael Emerson. (Attachments: #1 Proposed Amended Complaint)(Hanley, Michael) |
| Filing 19 ENE LETTER re: Potential Evaluators sent; responses due by 12/4/2023. (law) |
| Filing 18 CASE TRANSFERRED IN from District of New Hampshire; Case Number 1:23-cv-00324. |
| Civil Case Terminated. (jwb) [Transferred from New Hampshire on 11/15/2023.] |
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ENDORSED ORDER granting #16 Motion to Change Venue. Text of Order: Granted. The defendant contends that this court lacks personal jurisdiction but it agrees that the District of Vermont has personal jurisdiction. The plaintiff wishes to avoid the expense of litigating the jurisdictional issue and has filed a motion to transfer the case to the District of Vermont. The defendant assents to the transfer. I grant the motion without determining whether this court has personal jurisdiction. The clerk shall transfer the case to the District of Vermont. So Ordered by Judge Paul J. Barbadoro.(jwb) [Transferred from New Hampshire on 11/15/2023.]
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| Filing 17 NOTICE of Bebenedetto Disclosure by Shaws Supermarkets, Inc..(Dunphy, James) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 16 Assented to MOTION to Change Venue filed by Michael Emerson.(Hanley, Michael) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 15 Disclosure Statement by Shaws Supermarkets, Inc. disclosing a parent company, one or more publicly traded companies, and a merger agreement. (Dunphy, James) [Transferred from New Hampshire on 11/15/2023.] |
| Clerk's Notice - No Corporate Disclosure Statement Filed. Pursuant to Federal Rules of Civil Procedure and Local Rules, Corporate Disclosure Statements must be filed. Shaws Supermarkets, Inc. must file a Corporate Disclosure Statement (Civil Form 4) using the Other Documents/Disclosure Statement event within 14 days of this notice. (jwb) [Transferred from New Hampshire on 11/15/2023.] |
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ENDORSED ORDER approving in part #11 Discovery Plan. Length of Trial 5 days. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. Text of Order: Approved and adopted as a pretrial scheduling order with the following modifications: Completion of all discovery 7/5/2024. Joint Mediation Statement due 1/16/2024. Summary Judgment motions due 5/7/2024. Trial scheduled for the two week period beginning September 4, 2024. The pretrial conference scheduled for September 14, 2023 is CANCELLED. So Ordered by Judge Paul J. Barbadoro. (jwb) [Transferred from New Hampshire on 11/15/2023.]
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| TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 9/4/2024 09:30 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set VIA VIDEO CONFERENCE for 8/21/2024 03:00 PM before Judge Paul J. Barbadoro. Pretrial Statements due 8/5/2024. JERS Statement due 8/5/2024. LR 16.2(d) Objections due 8/19/2024.(jwb) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 14 Diversity of Citizenship Disclosure Statement by Shaws Supermarkets, Inc. identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Dunphy, James) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 13 ANSWER to #1 Complaint - New Case, with jury demand and affirmative defenses filed by Shaws Supermarkets, Inc..(Dunphy, James) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 12 NO CONSENT to Jurisdiction by U.S. Magistrate Judge. Because not all parties to the case consent to the assignment of a United States Magistrate Judge for all purposes including trial, pursuant to Fed. R. Civ. P. 73, 28 U.S.C. sec. 636(c), and Local Rule 73.1(b)(2), the case will be assigned to a United States District Judge. Clerk Daniel J. Lynch. (Hanley, Michael) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 11 Proposed Discovery Plan filed by Michael Emerson. In cases assigned to the Magistrate Judge, plaintiff, or the removing defendant if the case was initiated by a Notice of Removal, is responsible for filing a consent form on or before the deadline for filing the Discovery Plan using the Other Documents/Magistrate Judge Assignment--Consent/Objection event.(Hanley, Michael) [Transferred from New Hampshire on 11/15/2023.] |
| NOTICE of ECF Filing Required: Pursuant to Federal Rules of Civil Procedure and Local Rules, Corporate Disclosure Statements must be filed. No Corporate Disclosure Statement has been filed. Shaws Supermarkets, Inc. must file a Corporate Disclosure Statement using the Other Documents/Disclosure Statement event. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 8/25/2023.(kad)[Transferred from New Hampshire on 11/15/2023.] |
| NOTICE of ECF Filing Required: NO DIVERSITY DISCLOSURE STATEMENT FILED as to Shaws Supermarkets, Inc. Effective 12/1/2022 F.R.Civ.P. 7.1 was amended to require that parties or intervenors in diversity cases must file a Diversity Disclosure Statement when the action is filed in or removed to federal court or with the first appearance, pleading, petition, motion, response or other request address to the court. Shaws Supermarkets, Inc. shall file a Diversity Disclosure Statement using the Civil/Other Filings/Other Documents/Diversity Citizenship Disclosure Statement. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 8/25/2023.(kad) [Transferred from New Hampshire on 11/15/2023.] |
| Case reassigned to Judge Paul J. Barbadoro. Reason for Reassignment: not all parties consent to the assignment of this case to the magistrate judge. The new case designation is: 23-cv-324-PB-AJ. Please show this number with the correct judge designation on all further pleadings.(kad) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 10 NOTICE of Attorney Appearance by James Michael Dunphy, Jr on behalf of Shaws Supermarkets, Inc. (Dunphy, James) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 9 ANSWER to #1 Complaint - New Case, with jury demand filed by Shaws Supermarkets, Inc..(Dunphy, James) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 8 MOTION to Extend Time to August 25, 2023 to file Masgistrate Consent Form filed by Michael Emerson.Follow up on Objection on 8/22/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Perkins, Paul) [Transferred from New Hampshire on 11/15/2023.] |
| ENDORSED ORDER granting in part #8 MOTION to Extend Time to August 25, 2023 to file Masgistrate Consent Form. Text of Order: Granted in part. The consent form shall be filed on or before the deadline for filing the discovery plan, unless the defendant files a Rule 12(b) motion, then the consent form shall be filed on or before the deadline for filing a response to the Rule 12(b) motion. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) [Transferred from New Hampshire on 11/15/2023.] |
| NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 9/14/2023 10:00 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 9/7/2023. If no consent form has been filed, a consent form is due on or before the deadline for filing the discovery plan.(kad) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 7 AFFIDAVIT of Service of Civil Cover Sheet, Complaint, Summons in a Civil Action, Demand for Trial by Jury, Disclosure Statement, Notice of Appearance, Notice of Assignment to Magistrate, Notice to Attorneys re Electronic Filing, as to Shaws Supermarkets, Inc. filed by Michael Emerson. Served/Mailed on 7/20/2023. Answer Follow Up on 8/10/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Perkins, Paul) [Transferred from New Hampshire on 11/15/2023.] |
| NOTICE of ACTION REQUIRED as to Michael Emerson re: NO DIVERSITY DISCLOSURE STATEMENT FILED. Effective 12/1/2022 F.R.Civ.P. 7.1 was amended to require that parties or intervenors in diversity cases must file a diversity disclosure statement when the action is filed in or removed to federal court or with the first appearance, pleading, petition, motion, response, or other request addressed to the court. Michael Emerson shall file a Diversity Disclosure Statement using the Civil/Other Filings/Other Documents/Diversity Citizenship Disclosure Statement event. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 7/27/2023.(kad) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 6 Summonsissued electronically as to Shaws Supermarkets, Inc.. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. NOTICE of Assignment to Magistrate Judge attached. (Attachments: #1 Notice ECF, #2 Assignment to Magistrate)(ed) [Transferred from New Hampshire on 11/15/2023.] |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (ed) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 5 NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to plaintiff for service on all parties. MJ Consent Form Due 8/8/2023.(ed) [Transferred from New Hampshire on 11/15/2023.] |
| Case assigned to US Magistrate Judge Andrea K Johnstone. The case designation is: 1:23-cv-324-AJ. Please show this number with the judge designation on all future pleadings. (ed) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 4 NOTICE of Attorney Appearance by Michael F. Hanley on behalf of Michael Emerson (Perkins, Paul) Modified on 6/23/2023 to add: correct Atty's name (mc). [Transferred from New Hampshire on 11/15/2023.] |
| Filing 3 Diversity Disclosure Statement by Michael Emerson . (Perkins, Paul) Modified on 7/20/2023 to add text: "Diversity" (kad). [Transferred from New Hampshire on 11/15/2023.] |
| Filing 2 DEMAND for Trial by Jury by Michael Emerson(Perkins, Paul) [Transferred from New Hampshire on 11/15/2023.] |
| Filing 1 CIVIL COVER SHEET - Complaint attached with Jury Demand Filing fee $ 402, receipt number ANHDC-2391831 filed by Michael Emerson. (Attachments: #1 First Page of Summons)(Perkins, Paul) (Additional attachment(s) added on 6/23/2023: #2 COMPLAINT) (mc). (Attachment 2 replaced on 6/23/2023) (mc). (Additional attachment(s) added on 6/23/2023: #3 Both Pages of Summons) (mc). Modified on 6/23/2023 to correct language (mc). [Transferred from New Hampshire on 11/15/2023.] |
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