Davis v. Wal-Mart Stores East, Limited Partnership et al
Plaintiff: Elizabeth Davis
Defendant: Randall France, Wal-Mart Stores East, Limited Partnership and Timothy Borowski
Case Number: 2:2019cv00906
Filed: December 23, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Joseph R Goodwin
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 13, 2020 Filing 21 STIPULATION TO EXTEND TIME FOR DEFENDANT WALMART TO FILE RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION to 03/09/2020 by Timothy Borowski, Randall France, Wal-Mart Stores East, Limited Partnership (Weber, Constance) (Modified on 2/18/2020 to remove links to #18 scheduling order and #18 certificate of service) (kew).
February 3, 2020 Filing 20 REPLY by Elizabeth Davis to #19 Response In Opposition. (Brown, Nathan)
January 30, 2020 Filing 19 OPPOSITION by Timothy Borowski, Randall France, Wal-Mart Stores East, Limited Partnership to #14 MOTION by Elizabeth Davis for Leave to File an Amended Complaint. (Weber, Constance)
January 21, 2020 Filing 18 CERTIFICATE OF SERVICE by Elizabeth Davis for First Set of Interrogatories and Request for Production. (Brown, Nathan)
January 21, 2020 Opinion or Order Filing 17 SCHEDULING ORDER directing that the scheduling conference previously scheduled for 2/27/2020 is cancelled and that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 3/20/2020. Discovery requests to be completed by 12/21/2020. Deposition deadline and close of discovery by 2/4/2021. Expert Witness List by parties bearing the burden of proof due by 12/7/2020, by party not bearing burden of proof due by 1/5/2021, and to solely contradict or rebut evidence due by 1/21/2021. Dispositive Motions except those filed under Rule 12(b) due by 2/24/2021, with responses due by 3/10/2021, and replies due by 3/17/2021. Hearing on motions for summary judgment set for 4/15/2021 at 10:00 AM before Judge Joseph R. Goodwin. Mediation to be concluded by 4/27/2021. Settlement Meeting to be held by 4/27/2021. Motions in Limine to be filed by 5/4/2021, with responses due by 5/11/2021. Plaintiffs portion of proposed Pretrial Order to defendants due by 5/3/2021, Integrated Pretrial Order due by 5/10/2021. Pretrial Conference set for 5/17/2021 at 10:00 AM before Judge Joseph R. Goodwin. Proposed jury instructions due by 6/7/2021. Final Settlement Conference at 9:00 AM on 6/14/2021. Trial set for 6/15/2021 at 8:30 AM before Judge Joseph R. Goodwin. Signed by Judge Joseph R. Goodwin on 1/21/2020. (cc: counsel of record; any unrepresented parties) (ts)
January 19, 2020 Filing 16 REPLY by Elizabeth Davis to #11 Brief In Opposition. (Brown, Nathan)
January 17, 2020 Filing 15 MEMORANDUM OF LAW by Elizabeth Davis in support of #14 MOTION by Elizabeth Davis for Leave to File an Amended Complaint. (Brown, Nathan)
January 17, 2020 Filing 14 MOTION by Elizabeth Davis for Leave to File an Amended Complaint. (Attachment: #1 Proposed Amended Complaint)(Brown, Nathan)
January 17, 2020 Filing 13 RULE 26(f) REPORT OF PLANNING MEETING by Timothy Borowski, Randall France, Wal-Mart Stores East, Limited Partnership, Elizabeth Davis. (Attachment: #1 Exhibit A)(Weber, Constance) (Modified on 1/21/2020 to add party filer) (kew).
January 14, 2020 Filing 12 REPLY by Randall France to #10 Response In Opposition. (Weber, Constance) (Modified on 1/14/2020 to correct link and to convert event to reply to response and to remove party filers) (kew).
January 13, 2020 Filing 11 OPPOSITION by Timothy Borowski, Randall France, Wal-Mart Stores East, Limited Partnership to #7 MOTION by Elizabeth Davis to Remand Case to Circuit Court of Mingo County (Weber, Constance)
January 7, 2020 Filing 10 RESPONSE by Elizabeth Davis in opposition to #5 MOTION by Randall France to Dismiss Complaint (Brown, Nathan)
January 3, 2020 Opinion or Order Filing 9 ORDER AND NOTICE: Rule 12(b) Motions 1/23/2020. Rule 26(f) Meeting 2/6/2020. Last day to file report of Rule 26(f) Meeting 2/13/2020. Scheduling Conference at 9:00 AM on 2/27/2020. Entry of Scheduling Order 3/3/2020. Last Day to make Rule 26(a)(1) disclosures 3/10/2020. Signed by Judge Joseph R. Goodwin on 1/3/2020. (cc: counsel of record; any unrepresented parties) (ts)
January 2, 2020 Filing 8 MEMORANDUM OF LAW by Elizabeth Davis in support of #7 MOTION by Elizabeth Davis to Remand Case to Circuit Court of Mingo County (Brown, Nathan)
January 2, 2020 Filing 7 MOTION by Elizabeth Davis to Remand Case to Circuit Court of Mingo County (Brown, Nathan)
December 30, 2019 Filing 6 MEMORANDUM OF LAW by Randall France in support of #5 MOTION by Randall France to Dismiss Complaint. (Weber, Constance)
December 30, 2019 Filing 5 MOTION by Randall France to Dismiss Complaint Attached to #1 Notice of Removal. (Weber, Constance) (Modified on 12/30/2019 to add link to #1 notice of removal) (kew).
December 30, 2019 Filing 4 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Wal-Mart Stores East, Limited Partnership (Weber, Constance) (Modified on 12/30/2019 to add electronic signature and replace image) (kew).
December 30, 2019 Filing 3 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Timothy Borowski, Randall France, Wal-Mart Stores East, Limited Partnership.(Weber, Constance) (Modified on 12/30/2019 to add electronic signature and replace image) (kew).
December 30, 2019 NOTICE OF DOCKET CORRECTION re: #3 Answer to Complaint and #4 Disclosure Statement. ERROR: Images did not contain electronic signatures. CORRECTION: Electronic signatures added and images replaced. (kew)
December 23, 2019 Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)
December 23, 2019 Filing 1 NOTICE OF REMOVAL by Timothy Borowski, Randall France, Wal-Mart Stores East, Limited Partnership with summons, complaint and docket sheet from Circuit Court of Mingo County. Filing Fee $400.00. Receipt #AWVSDC-7494587. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet) (st)
December 23, 2019 CASE assigned to Judge Joseph R. Goodwin. (klc)

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Defendant: Randall France
Represented By: Lindsay M. Gainer
Represented By: Constance H. Weber
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Defendant: Wal-Mart Stores East, Limited Partnership
Represented By: Lindsay M. Gainer
Represented By: Constance H. Weber
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Defendant: Timothy Borowski
Represented By: Lindsay M. Gainer
Represented By: Constance H. Weber
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Plaintiff: Elizabeth Davis
Represented By: Nathan D. Brown
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