1:21-CV-00466
12/17/2021
Pending - Other Pending
Personal Injury - Other Personal Injury
Holly A Brady
Susan L Collins
Diana I Brodrick
Diana I. Brodrick
Wal-Mart Stores Inc.
Wal-Mart Real Estate Business Trust
Jim Clark
C Erik Chickedantz
Jason R Delk
Attorney at Delk McNally LLP - Mun/IN
211 S Walnut St
Muncie, IN 47305
Cathleen M Shrader
Attorney at Barrett McNagny LLP
215 E Berry St, Po Box 2263
Fort Wayne, IN 46801
Robert T Keen, Jr
Attorney at Barrett McNagny LLP
215 E Berry St, Po Box 2263
Fort Wayne, IN 46801
(#14) OPINION AND ORDER: Defendants Motion to Dismiss #7 is GRANTED. All claims against Clark are DISMISSED. Signed by Judge Holly A Brady on 2/8/2022. (nhc) (Entered: 02/08/2022)
(#13) SCHEDULING ORDER AND MEMORANDUM OF PRELIMINARY PRETRIAL CONFERENCE: The Court sets the following deadlines pursuant to Fed. R. Civ. P. 16(b): The parties will exchange the information required by Fed. R.Civ. P. 26(a)(1) by 2/22/2022. The last date for the completion of all fact and expert discovery is 11/22/2022. The serving of reports from retained experts under Rule 26(a)(2) are due from Plaintiff by 7/13/2022; and from Defendant(s) by 8/30/2022. Supplementation under Rule 26(e) due every six weeks until trial. The last date to seek leave of Court to amend the pleadings as to Plaintiff is 3/22/2022; as to Defendant(s) is 4/22/2022. The deadline to file any dispositive motions is 12/22/2022. Signed by Magistrate Judge Susan L Collins on 2/8/2022. (mrm) (Entered: 02/08/2022)
(#11) DEMAND for Trial by Jury by Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc.. (Keen, Robert) (Entered: 01/13/2022)
(#10) ANSWER to Complaint by Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc..(Keen, Robert) (Entered: 01/13/2022)
(#9) REPORT of Rule 26(f) Planning Meeting. (Keen, Robert) (Entered: 01/12/2022)
Exhibit A - Affidavit of Jim Clark
Main Document
(#7) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Jim Clark. (Keen, Robert) (Entered: 01/10/2022)
(#6) MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) (Entered: 01/06/2022)
(#5) NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 2/8/2022 at 11:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call. The Parties should be prepared to address the diversity jurisdiction issue at the hearing. (mr) (Entered: 01/06/2022)
(#3) NOTICE of Appearance by Cathleen M Shrader on behalf of Jim Clark, Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Shrader, Cathleen) (Entered: 12/17/2021)
(#2) NOTICE of Appearance by Robert T Keen, Jr on behalf of Jim Clark, Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Keen, Robert) (Entered: 12/17/2021)
Exhibit F - State Court Filings
Exhibit D - Summons - Walmart Real Estate (AR)
Exhibit C - Summons - Walmart Real Estate (IN)
Exhibit B - Summons - Wal-Mart Stores Inc.
Exhibit A - Complaint
Main Document
Docket(#14) OPINION AND ORDER: Defendants Motion to Dismiss #7 is GRANTED. All claims against Clark are DISMISSED. Signed by Judge Holly A Brady on 2/8/2022. (nhc) (Entered: 02/08/2022)
Docket(#13) SCHEDULING ORDER AND MEMORANDUM OF PRELIMINARY PRETRIAL CONFERENCE: The Court sets the following deadlines pursuant to Fed. R. Civ. P. 16(b): The parties will exchange the information required by Fed. R.Civ. P. 26(a)(1) by 2/22/2022. The last date for the completion of all fact and expert discovery is 11/22/2022. The serving of reports from retained experts under Rule 26(a)(2) are due from Plaintiff by 7/13/2022; and from Defendant(s) by 8/30/2022. Supplementation under Rule 26(e) due every six weeks until trial. The last date to seek leave of Court to amend the pleadings as to Plaintiff is 3/22/2022; as to Defendant(s) is 4/22/2022. The deadline to file any dispositive motions is 12/22/2022. Signed by Magistrate Judge Susan L Collins on 2/8/2022. (mrm) (Entered: 02/08/2022)
Docket(#12) TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 2/8/2022 before Magistrate Judge Susan L Collins. Pla appeared by atty Jason Delk. Dft appeared by atty Cathleen Shrader. The #9 Report of the Parties Planning Meeting is approved in all respects (except establishment of a trial date). Erik Chickedantz appointed as mediator. Atty Shrader to notify Mediator by letter, copy to atty Delk. Magistrate Consent forms due by 3/1/2022. (FTR 1st Floor) (mrm) (Entered: 02/08/2022)
Docket(#11) DEMAND for Trial by Jury by Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc.. (Keen, Robert) (Entered: 01/13/2022)
Docket(#10) ANSWER to Complaint by Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc..(Keen, Robert) (Entered: 01/13/2022)
Docket(#9) REPORT of Rule 26(f) Planning Meeting. (Keen, Robert) (Entered: 01/12/2022)
Docket(#8) BRIEF in Support of #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jim Clark. (Attachments: #1 Exhibit A - Affidavit of Jim Clark)(Keen, Robert) (Entered: 01/10/2022)
Docket(#7) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Jim Clark. (Keen, Robert) (Entered: 01/10/2022)
Docket(#6) MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) (Entered: 01/06/2022)
Docket(#5) NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 2/8/2022 at 11:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call. The Parties should be prepared to address the diversity jurisdiction issue at the hearing. (mr) (Entered: 01/06/2022)
Docket**NEW CASE** Judge Holly A Brady and Magistrate Judge Susan L Collins added. (nhc) (Entered: 12/20/2021)
Docket(#3) NOTICE of Appearance by Cathleen M Shrader on behalf of Jim Clark, Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Shrader, Cathleen) (Entered: 12/17/2021)
Docket(#2) NOTICE of Appearance by Robert T Keen, Jr on behalf of Jim Clark, Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Keen, Robert) (Entered: 12/17/2021)
Docket(#1) NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-4782323.) from Huntington Superior Court, Cause No. 35D01-2111-PL-000707, filed by Jim Clark, Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint, #3 Exhibit B - Summons - Wal-Mart Stores Inc., #4 Exhibit C - Summons - Walmart Real Estate (IN), #5 Exhibit D - Summons - Walmart Real Estate (AR), #6 Exhibit E - Summons - Jim Clark, #7 Exhibit F - State Court Filings)(Keen, Robert) (Entered: 12/17/2021)
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