Collins v. Lowe's Home Improvement Centers, LLC
Plaintiff: Gary Collins
Defendant: Lowe's Home Improvement Centers, LLC doing business as Lowe's At 800 Old Franklin Tpke. Rocky Mount, VA 24151 Store #2217 and Lowes Home Centers, LLC
Case Number: 7:2022cv00095
Filed: February 18, 2022
Court: US District Court for the Western District of Virginia
Presiding Judge: Robert S Ballou
Referring Judge: Michael F Urbanski
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 14, 2022 Opinion or Order Filing 37 ORDER denying #21 First MOTION to Amend/Correct Complaint; denying #23 First Motion to Remand to State Court; and denying Lowes Motion to Dismiss Punitive Damages (Dkt. #1 , Exh. 3) Signed by Magistrate Judge Robert S. Ballou on 10/14/2022. (ams)
October 8, 2022 Filing 36 Corrected Expert Discovery Report by Gary Collins.(Scott, Sherry) Modified docket text to include "corrected" on 10/11/2022 (sln).
October 5, 2022 Filing 35 Expert Discovery Report by Gary Collins.(Scott, Sherry)
September 28, 2022 Opinion or Order Filing 34 CONSENT ORDER for Rule 35 Exam regarding #32 Motion for Medical Exam. Signed by Magistrate Judge Robert S. Ballou on 9/27/2022. (slt)
September 26, 2022 Opinion or Order Filing 33 ORAL ORDER GRANTING the Parties' joint motion to amend expert disclosure deadlines as outlined in Dkt. #28 . Entered by Magistrate Judge Robert S. Ballou on 9/26/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(slt)
September 26, 2022 Filing 32 Consent MOTION for Medical Exam by Lowes Home Centers, LLC. (Attachments: #1 Text of Proposed Order)(Moore, Joseph)
September 26, 2022 Filing 31 Log Notes for video conferenced Motion Hearing in the Roanoke Division held before Judge Robert S. Ballou on 9/26/2022. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when replayed and that it can be transcribed without undue difficulty. Operator: K. Brown/ZOOMGOV (kab)
September 26, 2022 Filing 30 Minute Entry for video conferenced proceedings held before Magistrate Judge Robert S. Ballou: Motion Hearing held on 9/26/2022 re #21 First MOTION to Amend/Correct Complaint filed by Gary Collins, #23 First MOTION to Remand to State Court filed by Gary Collins. ( Operator: K. Brown/ZOOMGOV) (kab)
September 26, 2022 Filing 29 Joint NOTICE of Appearance as Co-Counsel by Sherry Quinn Scott on behalf of All Plaintiffs (Scott, Sherry)
September 21, 2022 Filing 28 STATUS REPORT by Lowes Home Centers, LLC (Moore, Joseph)
September 13, 2022 Filing 27 Supplemental Brief / Memorandum in Support re #13 First MOTION Plaintiff's Brief in Opposition to Defendant's Demurrer . filed by Lowe's Home Improvement Centers, LLC, Lowes Home Centers, LLC. (Moore, Joseph)
September 13, 2022 Filing 26 Brief / Memorandum in Opposition re #21 First MOTION to Amend/Correct Complaint, #23 First MOTION to Remand to State Court . filed by Lowe's Home Improvement Centers, LLC, Lowes Home Centers, LLC. (Moore, Joseph)
August 31, 2022 Filing 25 NOTICE of Hearing on Motion #21 First MOTION to Amend/Correct Complaint, #23 First MOTION to Remand to State Court : (FTR) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings) Motion Hearing set for 9/26/2022 10:00 AM via Zoom before Magistrate Judge Robert S. Ballou. (neh)
August 31, 2022 Filing 24 Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Telephone Conference held on 8/31/2022. (neh)
August 30, 2022 Filing 23 First MOTION to Remand to State Court by Gary Collins. (D'Arezzo, Joseph)
August 30, 2022 Filing 22 AMENDED COMPLAINT against Lowes Home Centers, LLC, filed by Gary Collins.(D'Arezzo, Joseph)
August 30, 2022 Filing 21 First MOTION to Amend/Correct Complaint by Gary Collins. (D'Arezzo, Joseph)
June 15, 2022 Opinion or Order Filing 20 ORDER; By agreement of the parties, by counsel, it is hereby ADJUDGED, ORDERED, AND DECREED that Lowes Home Centers, LLC shall be substituted as the defendant in place of Lowes Home Improvement Centers, LLC to reflect the correct business entity. Signed by Magistrate Judge Robert S. Ballou on 6/15/22. (ams) (Main Document 20 replaced on 6/15/2022) (ams). Replaced deficient/incorrect pdf document with corrected pdf document Modified on 6/15/2022 (ams).
June 14, 2022 Opinion or Order Filing 19 AGREED PROTECTIVE ORDER granting #16 Motion for Protective Order. Signed by Magistrate Judge Robert S. Ballou on 06/13/2022. (ams)
June 7, 2022 Filing 18 Letter request entry of Agreed Order substituting correct Lowe's entity by Lowe's Home Improvement Centers, LLC (Attachments: #1 Text of Proposed Order)(Moore, Joseph)
June 7, 2022 Filing 17 Brief / Memorandum in Support re #16 Consent MOTION for Protective Order . filed by Lowe's Home Improvement Centers, LLC. (Moore, Joseph)
June 7, 2022 Filing 16 Consent MOTION for Protective Order by Lowe's Home Improvement Centers, LLC. (Attachments: #1 Text of Proposed Order)(Moore, Joseph)
June 6, 2022 Filing 15 REPORT of Rule 26(f) Planning Meeting (Moore, Joseph)
May 18, 2022 Filing 14 REPLY to Response to Motion re #13 First MOTION Plaintiff's Brief in Opposition to Defendant's Demurrer . filed by Lowe's Home Improvement Centers, LLC. (Moore, Joseph)
May 12, 2022 Filing 13 Plaintiff's Brief in Opposition to Defendant's Demurrer by Gary Collins. (D'Arezzo, Joseph) Modified on 5/12/2022 to correct docket text (ams).
May 2, 2022 Opinion or Order Filing 12 SCHEDULING ORDER: Jury Trial set for 3/14-03/15/2023 09:00 AM in Roanoke before Magistrate Judge Robert S. Ballou. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. Signed by Magistrate Judge Robert S. Ballou on 05/02/2022. (sln) Modified docket text on 5/16/2022 to correct judge (sln).
April 29, 2022 Opinion or Order Filing 11 ORAL ORDER. Defendant filed a demurrer to the request for punitive damages in the complaint filed in state court. It is ORDERED that Plaintiff shall have 14 days from the date of this order to file any brief in opposition. Entered by Magistrate Judge Robert S. Ballou on 4/29/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(neh)
April 28, 2022 Filing 10 Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Scheduling Conference held on 4/28/2022. (neh)
April 5, 2022 Filing 9 NOTICE of Hearing: (N) Scheduling Conference set for 4/28/2022 04:00 PM by telephone conference before Magistrate Judge Robert S. Ballou. (neh)
March 23, 2022 Opinion or Order Filing 8 Order Referring Case to Magistrate Judge Robert S. Ballou. Signed by Chief Judge Michael F. Urbanski on 3/22/22. (sln)
March 15, 2022 Filing 6 ANSWER to Complaint (Notice of Removal)- located at Docket Entry #5 State Court Record at pages # 31-34 by Lowe's Home Improvement Centers, LLC. (ams)
March 15, 2022 Filing 5 Original State Court Record(s) received from Circuit Court for the County of Franklin, case number(s) CL21-4907 consisting of 1 folder. (Records available for viewing in the clerks office.) (ams)
February 28, 2022 Filing 7 CONSENT to Jurisdiction by US Magistrate Judge by Gary Collins, Lowe's Home Improvement Centers, LLC. (sln)
February 23, 2022 Opinion or Order Filing 4 Order Requesting Transmittal of Case File from Franklin County Circuit Court. Signed by Chief Judge Michael F. Urbanski on 02/23/2022. (sln)
February 18, 2022 Filing 3 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (sln)
February 18, 2022 Filing 2 Positive Corporate Disclosure Statement by Lowe's Home Improvement Centers, LLC identifying Corporate Parent Lowe's Companies, Inc. for Lowe's Home Improvement Centers, LLC. (sln)
February 18, 2022 Filing 1 NOTICE OF REMOVAL from Franklin County Circuit Court, case number CL21004449-00. (Filing & Administrative fee $ 402; Receipt number AVAWDC-3892757), filed by Lowe's Home Improvement Centers, LLC. (Attachments: #1 State Court Complaint, #2 State Court Answer, #3 State Court Demurrer, #4 Civil Cover Sheet)(sln)

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Plaintiff: Gary Collins
Represented By: Joseph D'Arezzo
Represented By: Sherry Quinn Scott
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Defendant: Lowe's Home Improvement Centers, LLC doing business as Lowe's At 800 Old Franklin Tpke. Rocky Mount, VA 24151 Store #2217
Represented By: Joseph Michael Moore
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Defendant: Lowes Home Centers, LLC
Represented By: Joseph Michael Moore
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