Ballard v. Wal-Mart Stores East, LP.

Ballard v. Wal-Mart Stores East, LP.

Plaintiff:	Loretta Gayle Ballard
Defendant:	Wal-Mart Stores East, LP
Case Number:	5:2017cv03057
Filed:	May 26, 2017
Court:	US District Court for the Southern District of West Virginia
Office:	Beckley Office
County:	Raleigh
Presiding Judge:	Irene C. Berger
Nature of Suit:	Other Personal Injury
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Both

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Date Filed	Document Text
October 16, 2018	Filing 128 MEMORANDUM OPINION AND ORDER: Granting the 105 MOTION for Leave to Amend Complaint to Add Claim for Punitive Damages; directing that the [105-1] First Amended Complaint be FILED as a separate docket entry. Signed by Judge Irene C. Berger on 10/16/2018. (cc: attys; any unrepresented party) (slr)
October 15, 2018	Filing 117 MEMORANDUM OPINION AND ORDER: Granting in part and denying in part Plaintiff's 98 Motion for Sanctions Based on Recent Evidence of Spoliation of Evidence; permitting Plaintiff to re-open discovery, but denying the motion to the extent the Pla intiff seeks additional sanctions related to the late-disclosed photographs; granting the motion to the extent the Plaintiff seeks to introduce evidence of spoliation and discovery abuses during the trial, holding the motion in abeyance as to the req uest for a negative inference instruction, and denying the motion as to additional sanctions; granting Plaintiff an award of attorney fees and costs associated with bringing the motion for sanctions, the motion in limine with respect to sanctions, an d responding to the Defendant's motion in limine related to sanctions; directing Plaintiff to submit a motion documenting the associated fees by 11/9/2018; directing Plaintiff to notify the Court by 10/16/2018 at 12:00 noon, as to whether it wishes to re-open discovery and extend the scheduling order. Signed by Judge Irene C. Berger on 10/15/2018. (cc: attys; any unrepresented party) (slr)

Date Filed

Document Text

October 16, 2018

Filing 128 MEMORANDUM OPINION AND ORDER: Granting the 105 MOTION for Leave to Amend Complaint to Add Claim for Punitive Damages; directing that the [105-1] First Amended Complaint be FILED as a separate docket entry. Signed by Judge Irene C. Berger on 10/16/2018. (cc: attys; any unrepresented party) (slr)

October 15, 2018

Filing 117 MEMORANDUM OPINION AND ORDER: Granting in part and denying in part Plaintiff's 98 Motion for Sanctions Based on Recent Evidence of Spoliation of Evidence; permitting Plaintiff to re-open discovery, but denying the motion to the extent the Pla intiff seeks additional sanctions related to the late-disclosed photographs; granting the motion to the extent the Plaintiff seeks to introduce evidence of spoliation and discovery abuses during the trial, holding the motion in abeyance as to the req uest for a negative inference instruction, and denying the motion as to additional sanctions; granting Plaintiff an award of attorney fees and costs associated with bringing the motion for sanctions, the motion in limine with respect to sanctions, an d responding to the Defendant's motion in limine related to sanctions; directing Plaintiff to submit a motion documenting the associated fees by 11/9/2018; directing Plaintiff to notify the Court by 10/16/2018 at 12:00 noon, as to whether it wishes to re-open discovery and extend the scheduling order. Signed by Judge Irene C. Berger on 10/15/2018. (cc: attys; any unrepresented party) (slr)

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Plaintiff: Loretta Gayle Ballard
Represented By:	Todd S. Bailess
Represented By:	Phillip D. Estep
Represented By:	Rodney Arthur Smith
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Defendant: Wal-Mart Stores East, LP
Represented By:	Sara E. Brown
Represented By:	Heather M. Noel
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