Baker et al v. Walmart Inc
| Phyllis Baker and Wisconsin Masons Health Care Fund d/b/a Humana Insurance Company |
| Walmart Inc |
| 2:2023cv01066 |
| August 10, 2023 |
| U.S. District Court for the Eastern District of Wisconsin |
| William E Duffin |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.
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Filing 24
SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 10/4/2023. Rule 26(a) Initial Disclosures to be exchanged by 10/15/2023. Amended Pleadings due by 1/5/2024. Plaintiffs Expert Witness List due by 5/15/2024. Written Discovery to be served by 8/15/2024. Defendants Expert Witness List due by 9/15/2024. Discovery due by 11/15/2024. Summary Judgment Motions due by 12/16/2024.The court will schedule a telephonic scheduling conference to discuss further scheduling if no summary judgment motions are filed or if resolution of the summary judgment motions does not dispose of the case in its entirety. (cc: all counsel)(lz)
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| Filing 23 Minute Entry for proceedings held before Magistrate Judge William E Duffin: Rule 16 Telephonic Scheduling Conference held on 10/4/2023. Case deadlines set. Scheduling order to issue. Clarifications made to record: (1) ECF No. 13 is Withdrawn; (2) ECF No. 17 is Moot due to withdrawing of ECF No 13; (3) ECF No 21 is modified to strike the language that Wisconsin Masons' Health Care Fund is terminated; it remains a pending party; (4) "d/b/a Humana Insurance Company" to be added to docket for Wisconsin Masons' Health Care Fund; (5) Steven G Kluender terminated as counsel for Wisconsin Masons' Health Care Fund; (6) Cross-defendant Phyllis Baker is a pending party; termination date to be removed. (Tape #Zoom audio 9:34-9:51 am) (lz) |
| Filing 22 REPORT of Rule 26(f) Plan by Walmart Inc. (Fons, Lynette) |
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Filing 21
TEXT ONLY ORDER signed by Magistrate Judge William E Duffin on 9/25/2023. The motion of Wisconsin Masons' Health Care Fund to withdraw its answer (ECF No. #20 ) is GRANTED. Wisconsin Masons' Health Care Fund is terminated as a party. (cc: all counsel)(lz) Modified on 10/4/2023 (lz).
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| Filing 20 MOTION for Order to Withdraw Answer by Wisconsin Masons Health Care Fund. (Attachments: #1 Text of Proposed Order)(Kluender, Steven) |
| Filing 19 NOTICE of Cancellation of Hearing. Because the case has been reassigned to Judge Duffin on consent, the Scheduling Conference set for November 20, 2023 at 11:15 AM before Chief Judge Pamela Pepper is REMOVED from the court's calendar; the November 6, 2023 deadline for the parties to file a Rule 26(f) report is VACATED. (cc: all counsel) (cb) |
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Filing 18
ORDER REASSIGNING CASE ON CONSENT signed by Chief Judge Pamela Pepper on 9/11/2023. Case reassigned to Magistrate Judge William E. Duffin for all further proceedings. Chief Judge Pamela Pepper no longer assigned to case. (cc: all counsel)(cb)
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| Filing 17 DOCUMENT IS MOOT per withdrawing of ECF No 13... ANSWER to Crossclaim re #13 filed by Walmart Inc. (Fons, Lynette) Modified on 10/4/2023 (lz). |
| Filing 16 ANSWER to Crossclaim re #11 filed by Walmart Inc. (Fons, Lynette) |
| NOTICE of Hearing: Rule 16 Telephonic Scheduling Conference set for 10/4/2023 at 09:30 AM before Magistrate Judge William E Duffin. The parties shall call the court's conference line at 669-254-5252. When prompted, use meeting ID 160 9647 6949# and # again and then enter passcode 943682# to join the call. A Rule 26(f) report shall be filed by 9/27/2023. (cc: all counsel)(lz) |
| Filing 15 DISCLOSURE Statement by Wisconsin Masons Health Care Fund. (Kluender, Steven) |
| Filing 14 Magistrate Judge Jurisdiction Form filed by Wisconsin Masons Health Care Fund. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Kluender, Steven) |
| Filing 13 WITHDRAWN See Court's Order ECF No 21 ANSWER to Complaint , First CROSSCLAIM against Phyllis Baker filed by Wisconsin Masons Health Care Fund. by Wisconsin Masons Health Care Fund.(Kluender, Steven) Modified on 10/4/2023 (lz). |
| Filing 12 NOTICE of Appearance by Steven G Kluender on behalf of Wisconsin Masons Health Care Fund. Attorney(s) appearing: Steven Kluender (Kluender, Steven) |
| Filing 11 CLAIM and Cross-Claim by Wisconsin Masons Health Care Fund. (Rexroat, Christopher) |
| Filing 10 NOTICE of Appearance by Christopher L Rexroat on behalf of Wisconsin Masons Health Care Fund. Attorney(s) appearing: Christopher L. Rexroat (Rexroat, Christopher) |
| NOTICE from the clerk to Wisconsin Masons Health Care Fund requesting that the Consent/Refusal form to Magistrate Judge William E. Duffin be filed within 21 days; the form is available #here. In addition, pursuant to Civil Local Rule 7.1 a disclosure statement should have been filed with your first pleading. Please file your disclosure statement within 7 days. (amb) |
| Filing 9 DISCLOSURE Statement by All Plaintiffs. (Dunn, Tony) |
| Filing 8 Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Dunn, Tony) |
| Filing 7 NOTICE of Appearance by Tony M Dunn on behalf of All Plaintiffs. Attorney(s) appearing: Tony M. Dunn (Dunn, Tony) |
| Filing 6 Magistrate Judge Jurisdiction Form filed by Walmart Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Fons, Lynette) |
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Filing 5
ORDER signed by Chief Judge Pamela Pepper on 8/17/2023. Scheduling Conference set for 11/20/2023 at 11:15 AM in Courtroom 222, 517 E. Wisconsin Ave., Milwaukee, WI 53202 before Chief Judge Pamela Pepper. Rule 26 Discovery Plan due by 11/6/2023. (cc: all counsel)(cb) (Main Document 5 replaced on 8/17/2023) (cb).
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| Filing 4 ANSWER to Complaint with Jury Demand by Walmart Inc.(Fons, Lynette) |
| Filing 3 DISCLOSURE Statement by Walmart Inc. (Fons, Lynette) |
| Filing 2 NOTICE of Appearance by Lynette Fons on behalf of Walmart Inc. Attorney(s) appearing: Carlos R. Pastrana (Fons, Lynette) |
| Filing 1 NOTICE OF REMOVAL by Walmart Inc from Kenosha County Circuit Court, Case Number: 23-CV-676 with attached state court documents. (Filing Fee PAID $402 receipt number BWIEDC-4470828) (Attachments: #1 Exhibit 1.) Return of Service, Summons, Complaint, #2 Civil Cover Sheet)(Fons, Lynette) |
| NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. (jcl) |
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