Bays v. Walmart Inc. et al
| Willard Bays |
| Walmart Inc., Wal-Mart Stores East, LP and NEC Networks, LLC |
| 3:2021cv00460 |
| August 17, 2021 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 29, 2022. A more recent docket listing may be available from PACER.
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Filing 29
ORDER granting Defendants' #20 MOTION to Stay Pending Action by the Judicial Panel on Multidistrict Litigation; holding in abeyance Defendants' #22 MOTION to Stay or Dismiss Pursuant to 12(b)(6). Signed by Judge Robert C. Chambers on 10/8/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 28
STATEMENT OF VISITING ATTORNEY from Donald Houser, Alston & Bird LLP on behalf of Wal-Mart Stores East, LP, Walmart Inc.. Local counsel: Neva G. Lusk. Fee $50.00. Receipt # AWVSDC-8051363. (Lusk, Neva)
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Filing 27
STATEMENT OF VISITING ATTORNEY from Kristine McAlister Brown, Alston & Bird LLP on behalf of Wal-Mart Stores East, LP, Walmart Inc.. Local counsel: Neva G. Lusk. Fee $50.00. Receipt # AWVSDC-8051354. (Lusk, Neva)
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Filing 26
STATEMENT OF VISITING ATTORNEY from Shifali Baliga, Alston & Bird LLP on behalf of Wal-Mart Stores East, LP, Walmart Inc.. Local counsel: Neva G. Lusk. Fee $50.00. Receipt # AWVSDC-8051341. (Lusk, Neva)
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Filing 25
RESPONSE by Willard Bays in opposition to #20 MOTION by Wal-Mart Stores East, LP, Walmart Inc. to Stay Pending Action by the Judicial Panel on Multidistrict Litigation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tiano, William) (Modified on 10/6/2021 to remove link to #22 motion and add link to the #20 motion) (mkw).
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Filing 24
RULE 26(f) REPORT OF PLANNING MEETING by Willard Bays, Wal-Mart Stores East, LP, Walmart Inc. (Lusk, Neva) (Modified on 10/5/2021 to add party filer) (mkw).
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Filing 23
MEMORANDUM OF LAW by Wal-Mart Stores East, LP, Walmart Inc. in support of #22 MOTION by Wal-Mart Stores East, LP, Walmart Inc. to Stay or, Alternatively, MOTION to Dismiss Pursuant to Rule 12(B)(6). (Lusk, Neva)
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Filing 22
MOTION by Wal-Mart Stores East, LP, Walmart Inc. to Stay or, Alternatively, MOTION to Dismiss Pursuant to Rule 12(B)(6). (Attachments: #1 Exhibit A, #2 Exhibit B)(Lusk, Neva)
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Filing 21
MEMORANDUM by Wal-Mart Stores East, LP, Walmart Inc. in support of #20 MOTION by Wal-Mart Stores East, LP, Walmart Inc. to Stay Pending Action by the Judicial Panel on Multidistrict Litigation. (Lusk, Neva)
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Filing 20
MOTION by Wal-Mart Stores East, LP, Walmart Inc. to Stay Pending Action by the Judicial Panel on Multidistrict Litigation. (Lusk, Neva)
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Filing 19
ORDER denying as moot NEC Networks, LLC's #9 MOTION to Stay Pending Mediation and MDL Panel Decision, pursuant to NEC Networks, LLC's having been dismissed as a party to this action; further directing that Rule 12(b) Motions be filed by 10/4/2021; the remainder of the #8 Order and Notice will remain in effect. Signed by Judge Robert C. Chambers on 9/23/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 18
NOTICE OF DISMISSAL by Willard Bays of the claims against Defendant NEC Networks, LLC, without prejudice, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (Tiano, William)
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Filing 17
REPLY by NEC Networks, LLC to #16 Response in Opposition. (Jones, Katherine) (Modified on 9/21/2021 to remove link to #9 motion and add link to #16 response) (mkw).
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Filing 16
RESPONSE by Willard Bays in opposition to #9 MOTION by NEC Networks, LLC to Stay all proceedings, including all deadlines for filing pleadings, written motions, and discovery pending mediation and MDL Panel Decision. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tiano, William)
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Filing 15
CORRECTED JOINDER by NEC Networks, LLC in support of #12 UNOPPOSED MOTION by Wal-Mart Stores East, LP, Walmart Inc. to Modify the #8 Scheduling Order to Extend the Deadline to File Rule 12(b) Motions. (McGhee, John)
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Filing 14
ORDER granting #12 UNOPPOSED MOTION by Wal-Mart Stores East, LP, Walmart Inc. to Modify the #8 Scheduling Order to Extend the Deadline to File Rule 12(b) Motions and the Court will address a new Rule 12(b) Motions deadline after ruling on Defendant NEC Networks, LLC's #9 Motion to Stay Pending Mediation and MDL Panel Decision. Signed by Judge Robert C. Chambers on 9/14/2021. (cc: counsel of record; any unrepresented parties) (hkl)
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Filing 13
JOINDER by NEC Networks, LLC in support of #12 UNOPPOSED MOTION by Wal-Mart Stores East, LP, Walmart Inc. to Modify the #8 Scheduling Order to Extend the Deadline to File Rule 12(b) Motions. (McGhee, John)
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Filing 12
UNOPPOSED MOTION by Wal-Mart Stores East, LP, Walmart Inc. to Modify the #8 Scheduling Order to Extend the Deadline to File Rule 12(b) Motions. (Lusk, Neva)
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Filing 11
RESPONSE by Wal-Mart Stores East, LP, Walmart Inc. to #9 MOTION by NEC Networks, LLC to Stay all proceedings, including all deadlines for filing pleadings, written motions, and discovery pending mediation and MDL Panel Decision. (Lusk, Neva) (Modified on 9/3/2021 to remove link to #10 memorandum) (mkw).
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Filing 10
MEMORANDUM OF LAW by NEC Networks, LLC in support of #9 MOTION by NEC Networks, LLC to Stay all proceedings, including all deadlines for filing pleadings, written motions, and discovery pending mediation and MDL Panel Decision. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jones, Katherine)
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Filing 9
MOTION by NEC Networks, LLC to Stay all proceedings, including all deadlines for filing pleadings, written motions, and discovery pending mediation and MDL Panel Decision. (Jones, Katherine)
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Filing 8
ORDER AND NOTICE: Rule 12(b) Motions - 9/15/2021. Rule 26(f) Meeting - 9/27/2021. Last day to file report of Rule 26(f) Meeting - 10/4/2021. Scheduling/status conference at 11:30 AM on 10/18/2021 in Huntington. Entry of Scheduling Order - 10/25/2021. Last Day to make Rule 26(a)(1) disclosures - 11/1/2021. Signed by Judge Robert C. Chambers on 8/26/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 7
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Katherine A. Jones updating name and/or firm information on behalf of NEC Networks, LLC. (Jones, Katherine)
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Filing 6
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant NEC Networks, LLC (Jones, Katherine)
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Filing 5
STIPULATION by Willard Bays, Wal-Mart Stores East, LP, Walmart Inc., NEC Networks, LLC; the parties stipulate and agree that the deadline for Walmart and NEC Networks, LLC d/b/a CaptureRx to answer or otherwise respond to Plaintiff's complaint attached to the #1 Notice of Removal is extended to, and including, 9/17/2021. (McGhee, John) (Modified on 8/18/2021 to add party filers) (mkw).
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SET DEADLINES: NEC Networks, LLC, Wal-Mart Stores East, LP and Walmart Inc. answer due 9/17/2021. (mkw)
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CASE assigned to Judge Robert C. Chambers. (klc)
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Filing 4
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Walmart Inc. (Lusk, Neva)
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Filing 3
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Wal-Mart Stores East, LP (Lusk, Neva)
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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 Eifert. (cc: attys; any unrepresented party) (mkw)
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Filing 1
NOTICE OF REMOVAL by Wal-Mart Stores East, LP, Walmart Inc. with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Mason County. Filing Fee $402.00. Receipt #AWVSDC-8012746. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet) (mkw)
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