Field v. Kroger et al
| Ellen Field |
| The Kroger Company, Kroger Limited Partnership I, Kroger and Kroger Grocery Store at 1510 Eastridge Road, Richmond, Virginia 23229 |
| 3:2020cv00682 |
| August 31, 2020 |
| US District Court for the Eastern District of Virginia |
| M Hannah Lauck |
| P.I.: Other |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 Reply to #8 Response in Opposition to Motion to Dismiss filed by Kroger Limited Partnership I. (Attachment: #1 Exhibit A)(Nichols, Jon). Modified docket text on 10/21/2020. (sbea,) |
| Filing 9 REPORT of Rule 26(f) Planning Meeting by Kroger, Kroger Grocery Store at 1510 Eastridge Road, Richmond, Virginia 23229, Kroger Limited Partnership I, The Kroger Company. (Nichols, Jon) |
| Notice of Correction re: #7 and #8 Response in Opposition to Motion; Clerk spoke with filing attorney in regards to ECF Nos. #7 and #8 ; attorney placed the wrong header on ECF No. #7 . Clerk added the Exhibits to ECF No. #8 and regenerated the NEF. (sbea,) |
| Filing 8 RESPONSE in Opposition re: #5 MOTION to Dismiss filed by Ellen Field (Maury, Robert). Clerk included Exhibits from ECF No. #7 on 10/9/2020: #1 Exhibits). NEF was regenerated. Modified docket text on 10/9/2020. (sbea,) |
| Filing 7 DISREGARD - See Docket Entry #8 RESPONSE in Opposition re: #5 MOTION to Dismiss filed by Ellen Field. (Attachments: #1 Exhibit)(Maury, Robert). Modified docket text on 10/9/2020. (sbea,) |
| Filing 6 Memorandum in Support re #5 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Kroger Limited Partnership I. (Nichols, Jon) |
| Filing 5 MOTION to Dismiss by Kroger Limited Partnership I. (Nichols, Jon) |
Filing 4
ORDER that this matter comes before the Court on its own initiative. On August 31, 2020 Defendants Kroger, Kroger Grocery Store at 1510 Eastridge Road, Richmond, Virginia 23229, Kroger Limited Partnership I, and the Kroger Company's (collectively, the "Kroger Defendants") removed this matter to this Court. (Not. Removal, ECF No. #1 .) Prior to removal, on August 25, 2020, the Kroger Defendants filed a Demurrer in the Circuit Court for the City of Richmond. (Not. Removal, Ex. 4 "Demurrer," ECF No. #1 -4.) From the filings attached to the Notice of Removal, Plaintiff Ellen Field has not responded to the Demurrer. Under Federal Rule of Civil Procedure 81(c)(2), when a case is removed, "repleading is unnecessary unless the court orders it." Fed. R. Civ. P. 81(c)(2). Upon due consideration and in the interest of justice, the Court DENIES WITHOUT PREJUDICE the Demurrer. (ECF No. #1 -4.) Should the Kroger Defendants seek to pursue dismissal of any of Field's claims, the Court ORDERS that they file a motion to dismiss for failure to state a claim, in accordance with the Federal Rule of Civil Procedure and the Local Rules for the United States District Court for the Eastern District of Virginia within twenty-one (21) days of entry of this Order. It is so ORDERED. Signed by District Judge M. Hannah Lauck on 09/15/2020. (walk, )
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| Filing 3 Declaration of Erik Lutson by Kroger, Kroger Grocery Store at 1510 Eastridge Road, Richmond, Virginia 23229, Kroger Limited Partnership I, The Kroger Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Nichols, Jon). Modified docket text on 8/31/2020. (sbea,) |
| Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Kroger, Kroger Grocery Store at 1510 Eastridge Road, Richmond, Virginia 23229, Kroger Limited Partnership I, The Kroger Company (Nichols, Jon). Clerk corrected case number on 8/31/2020). Modified docket text on 8/31/2020. (sbea,) |
| Filing 1 NOTICE OF REMOVAL from City of Richmond Circuit Court, case number CL20003576-00 (Filing fee $ 400, receipt number 0422-7376844) filed by The Kroger Company, Kroger Grocery Store at 1510 Eastridge Road, Richmond, Virginia 23229, Kroger Limited Partnership I, and Kroger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (jsmi, ) |
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