Lineberry v. Wal-Mart Stores East, L.P. et al
Plaintiff: Marshall J. Lineberry, Jr.
Defendant: Walmart, Inc., Wal-Mart Stores East, L.P. and Walmart Claims Services, Inc.
Case Number: 7:2020cv00502
Filed: August 21, 2020
Court: US District Court for the Western District of Virginia
Presiding Judge: Robert S Ballou
Referring Judge: Elizabeth K Dillon
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2020 IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual #Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking #here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
October 5, 2020 Opinion or Order Filing 19 SCHEDULING ORDER: Jury Trial set for 9/8/2021-9/9/2021 at 09:30 AM in Roanoke before Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. All nondispositive pretrial motions and issues are hereby referred to United StatesMagistrate Judge Robert S. Ballou pursuant to 28 U.S.C. 636(b)(1)(A). Signed by Judge Elizabeth K. Dillon on 10/05/2020. (ams)
October 2, 2020 Filing 18 NOTICE of Hearing: (CR) (No Interpreter requested) #If this is a video conference click here for guidance re: participation via Zoom Jury Trial set for September 8-9, 2021 at 9:30 AM in Roanoke before Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (mf)
October 2, 2020 Filing 17 Mail Returned as Undeliverable due to clerical error: re #15 Order Requesting State Court Record. Copy of Order #15 resent to Wythe County Circuit Court 10/02/2020 (ams) Modified on 10/2/2020 to correct date in docket text (ams).
September 29, 2020 Filing 16 Rule 26(f) Agreed Written Plan by Defendants Wal-Mart Stores East, L.P., Walmart Claims Services, Inc., Walmart, Inc. (Stallard, William)
September 29, 2020 IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at #ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)
September 22, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI)
September 17, 2020 Opinion or Order Filing 15 Order Requesting Transmittal of Case File from Circuit Court for the County of Wythe. Signed by Judge Elizabeth K. Dillon on 09/17/2020. (ams)
September 17, 2020 Opinion or Order Filing 14 ORDER Dismissing Order to Show Cause #11 , and Second Order to Show Cause #9 . Signed by Judge Elizabeth K. Dillon on 9/17/2020. (ams)
September 17, 2020 Filing 13 Amended RESPONSE TO ORDER TO SHOW CAUSE . filed by Wal-Mart Stores East, L.P., Walmart Claims Services, Inc., Walmart, Inc.. (Stallard, William)
September 17, 2020 Filing 12 In Chambers Minute Entry for proceedings held before Judge Elizabeth K. Dillon: Status Conference held by conference call on 9/17/2020. (bwd)
September 14, 2020 Opinion or Order Filing 11 SECOND ORDER TO SHOW CAUSE. Signed by Judge Elizabeth K. Dillon on 09/14/2020. (ams)
September 3, 2020 Filing 10 RESPONSE TO ORDER TO SHOW CAUSE . filed by Wal-Mart Stores East, L.P.. (Stallard, William)
August 31, 2020 Opinion or Order Filing 9 ORDER TO SHOW CAUSE. Signed by Judge Elizabeth K. Dillon on 08/31/2020. (ams)
August 28, 2020 Filing 8 NOTICE of Hearing: (N) (No Interpreter requested) #If this is a video conference click here for guidance re: participation via Zoom Rule 16 Status Conference set for September 17, 2020 at 11:00 AM by conference call before Judge Elizabeth K. Dillon. (Chambers sent the dial-in information to the parties.)(mf)
August 26, 2020 Filing 7 Scheduling Letter (bwd)
August 24, 2020 Filing 6 Positive Corporate Disclosure Statement by Walmart, Inc. (Stallard, William)
August 24, 2020 Filing 5 Positive Corporate Disclosure Statement by Wal-Mart Stores East, L.P. (Stallard, William)
August 24, 2020 Filing 4 Positive Corporate Disclosure Statement by Walmart Claims Services, Inc. (Stallard, William)
August 21, 2020 Filing 3 Notice of Filing Requirement - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (ams)
August 21, 2020 Filing 2 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (ams)
August 21, 2020 Filing 1 NOTICE OF REMOVAL from Circuit Court for the County of Wythe, case number 197CL20000969-00. (Filing & Administrative fee $ 400 receipt # 0423-3467849), filed by Walmart, Inc., Walmart Claims Services, Inc., Wal-Mart Stores East, L.P. (Attachments: #1 Exhibit A: State Court Complaint, #2 Exhibit B: State Court Answer, #3 Exhibit C: Notice of Removal filed in State Court, #4 Civil Cover Sheet)(ams)

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Defendant: Walmart, Inc.
Represented By: William Bradford Stallard
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Defendant: Wal-Mart Stores East, L.P.
Represented By: William Bradford Stallard
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Defendant: Walmart Claims Services, Inc.
Represented By: William Bradford Stallard
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Plaintiff: Marshall J. Lineberry, Jr.
Represented By: Michael Everett Untiedt
Represented By: Charles Paul Stanley, III
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