1:21-CV-00162
12/29/2021
Pending - Other Pending
Personal Injury - Other Personal Injury
Judge Kelly K.E. Mahoney
James Kummerfeldt, Individually and as parent, guardian and next friend of N.K., a minor
Brandi Pike, Individually and as parent, guardian and next friend of N.K., a minor
James Kummerfeldt
Brandi Pike
Walmart, Inc.
Walmart, Inc
Michael Galvin
Attorney at Michael J Galvin
4950 38Th Avenue
Moline, IL 61265
Clarissa Rietveld
Attorney at VanDerGinst Law PC
300 Walnut Street, Suite 6
Des Moines, IA 50309
Benjamin M Weston
Attorney at Lederer Weston & Craig PLC
4401 Westown Parkway, Suite 212
West Des Moines, IA 50266
(#15) CORPORATE Disclosure Statement by Walmart, Inc (Weston, Benjamin) (Entered: 02/24/2022)
(#14) ANSWER and Jury Demand re #2 State Court Petition by Walmart, Inc (Weston, Benjamin) Modified text on 2/24/2022 (des) (Entered: 02/21/2022)
(#13) TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Jury Trial set for 10/10/2023 09:00 AM in Ctrm 1 (2nd Floor) Cedar Rapids before Chief Magistrate Judge Kelly K.E. Mahoney. Pretrial Conference set for 10/10/2023 08:30 AM in Ctrm 1 (2nd Floor) Cedar Rapids before Chief Magistrate Judge Kelly K.E. Mahoney. Final Pretrial Conference set for 9/22/2023 01:30 PM in Telephonic Hearing before Chief Magistrate Judge Kelly K.E. Mahoney. Proposed Pretrial Order due by 9/19/2023. Signed by Chief Magistrate Judge Kelly K.E. Mahoney on 2/18/2022. (kms) (Entered: 02/18/2022)
(#12) ORDER: Upon consent of the parties James Kummerfeldt, Brandi Pike, Walmart, Inc, this case is assigned to Chief Magistrate Judge Kelly KE Mahoney for final disposition. SCHEDULING Order and Discovery Plan: Initial Disclosures due date of 3/18/2022 but not filed with the court. Add Parties Deadline due by 6/3/2022. Amended Pleadings due by 6/3/2022. Plaintiffs Expert Witness due by 10/7/2022. Defendants Expert Witnesses due by 12/9/2022. Plaintiffs Rebuttal Experts due by 1/6/2023. Discovery due by 3/3/2023. Motions due by 4/7/2023. Trial Ready Deadline 10/2/2023. Signed by Judge CJ Williams on 2/18/2022. (jjh) (Entered: 02/18/2022)
(#11) MINUTE Entry for proceedings held before Chief Magistrate Judge Kelly K.E. Mahoney: Rule 16(b) and 26(f) Scheduling Conference held on 2/17/2022. Parties consent to a United States Magistrate Judge. Scheduling Order and Trial Management Order to follow. Official Court Record: FTR Gold (kms) (Entered: 02/18/2022)
Affidavit Certificate of Good Standing
(#9) MOTION for Leave to Appear Pro Hac Vice for Attorney Michael J. Galvin ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3626410) by Plaintiff James Kummerfeldt (Attachments: #1 Affidavit Certificate of Good Standing) (Galvin, Michael) (Entered: 02/17/2022)
(#7) PROPOSED Scheduling Order and Discovery Plan and Consent To Proceed Before A Magistrate by Defendant Walmart, Inc (Weston, Benjamin) (Entered: 02/08/2022)
(#6) NOTICE of Appearance by Clarissa Rietveld on behalf of James Kummerfeldt. (Rietveld, Clarissa) (Entered: 02/03/2022)
*Restricted*
(#5) DOCKET Annotation Please find Civil Removal Action new case packet attached (eGalvin) (jlh) (Additional attachment(s) added on 12/30/2021: #1 Email Confirmation Receipt) (jlh). (Entered: 12/30/2021)
(#4) NOTICE of Assignment to U.S. Magistrate Judge. Check Status Deadline due by 1/31/2022 (eGalvin) (jlh) (Entered: 12/30/2021)
(#3) NOTICE to Attorney Michael Galvin Not Admitted to Practice in the United States District Court For the Northern District of Iowa. Admissions due by 1/13/2022 (eGalvin) (jlh) (Entered: 12/30/2021)
(#2) STATE Court Petition by James Kummerfeldt and Brandi Pike (NEF eGalvin) (jlh) (Entered: 12/30/2021)
Local Rule 81.A Statement
State Court Pleadings
Docket(#15) CORPORATE Disclosure Statement by Walmart, Inc (Weston, Benjamin) (Entered: 02/24/2022)
Docket(#14) ANSWER and Jury Demand re #2 State Court Petition by Walmart, Inc (Weston, Benjamin) Modified text on 2/24/2022 (des) (Entered: 02/21/2022)
Docket(#13) TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Jury Trial set for 10/10/2023 09:00 AM in Ctrm 1 (2nd Floor) Cedar Rapids before Chief Magistrate Judge Kelly K.E. Mahoney. Pretrial Conference set for 10/10/2023 08:30 AM in Ctrm 1 (2nd Floor) Cedar Rapids before Chief Magistrate Judge Kelly K.E. Mahoney. Final Pretrial Conference set for 9/22/2023 01:30 PM in Telephonic Hearing before Chief Magistrate Judge Kelly K.E. Mahoney. Proposed Pretrial Order due by 9/19/2023. Signed by Chief Magistrate Judge Kelly K.E. Mahoney on 2/18/2022. (kms) (Entered: 02/18/2022)
Docket(#12) ORDER: Upon consent of the parties James Kummerfeldt, Brandi Pike, Walmart, Inc, this case is assigned to Chief Magistrate Judge Kelly KE Mahoney for final disposition. SCHEDULING Order and Discovery Plan: Initial Disclosures due date of 3/18/2022 but not filed with the court. Add Parties Deadline due by 6/3/2022. Amended Pleadings due by 6/3/2022. Plaintiffs Expert Witness due by 10/7/2022. Defendants Expert Witnesses due by 12/9/2022. Plaintiffs Rebuttal Experts due by 1/6/2023. Discovery due by 3/3/2023. Motions due by 4/7/2023. Trial Ready Deadline 10/2/2023. Signed by Judge CJ Williams on 2/18/2022. (jjh) (Entered: 02/18/2022)
Docket(#10) ORDER granting #9 Motion for Leave to Appear Pro Hac for Attorney Michael J Galvin on behalf of James Kummerfeldt and Brandi Pike. Upon review of the motion and certificate of good standing, the court finds the motion should be granted. Signed by Clerk on 2/18/2022. (jlh) (Entered: 02/18/2022)
Docket(#11) MINUTE Entry for proceedings held before Chief Magistrate Judge Kelly K.E. Mahoney: Rule 16(b) and 26(f) Scheduling Conference held on 2/17/2022. Parties consent to a United States Magistrate Judge. Scheduling Order and Trial Management Order to follow. Official Court Record: FTR Gold (kms) (Entered: 02/18/2022)
Docket(#9) MOTION for Leave to Appear Pro Hac Vice for Attorney Michael J. Galvin ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3626410) by Plaintiff James Kummerfeldt (Attachments: #1 Affidavit Certificate of Good Standing) (Galvin, Michael) (Entered: 02/17/2022)
Docket(#8) ** TEXT ORDER ONLY ** Setting Hearing - Scheduling Conference set for 2/17/2022 at 10:30 AM (Telephonic Hearing - please use dial-in hearing instructions to participate) before Chief Magistrate Judge Kelly K.E. Mahoney. The hearing will take place using the Court's conference bridge. The parties shall access the hearing by: (1) calling 877-336-1831, (2) enter access code 3495185 #, (3) press # to enter as a participant, (4) enter security code 1831 #. The call will become active upon the host (the Court) entering the conference bridge. Signed by United States Chief Magistrate Judge Kelly K.E. Mahoney on 02/14/2022. (Gollhofer, Jami) (Entered: 02/14/2022)
Docket(#7) PROPOSED Scheduling Order and Discovery Plan and Consent To Proceed Before A Magistrate by Defendant Walmart, Inc (Weston, Benjamin) (Entered: 02/08/2022)
Docket(#6) NOTICE of Appearance by Clarissa Rietveld on behalf of James Kummerfeldt. (Rietveld, Clarissa) (Entered: 02/03/2022)
DocketSet Deadline: Defendant LR 7.1 Disclosure Statement due by 1/20/2022 (jlh) (Entered: 12/30/2021)
Docket(#5) DOCKET Annotation Please find Civil Removal Action new case packet attached (eGalvin) (jlh) (Additional attachment(s) added on 12/30/2021: #1 Email Confirmation Receipt) (jlh). (Entered: 12/30/2021)
Docket(#4) NOTICE of Assignment to U.S. Magistrate Judge. Check Status Deadline due by 1/31/2022 (eGalvin) (jlh) (Entered: 12/30/2021)
Docket(#3) NOTICE to Attorney Michael Galvin Not Admitted to Practice in the United States District Court For the Northern District of Iowa. Admissions due by 1/13/2022 (eGalvin) (jlh) (Entered: 12/30/2021)
Docket(#2) STATE Court Petition by James Kummerfeldt and Brandi Pike (NEF eGalvin) (jlh) (Entered: 12/30/2021)
DocketChief Magistrate Judge Kelly K.E. Mahoney added. No conflicts identified. (jlh) (Entered: 12/30/2021)
Docket(#1) NOTICE of Removal from Linn County District Court, case number LACV098445. ( Filing fee $ 402 receipt number AIANDC-3592103), filed by Walmart, Inc.. Scheduling Report due by 2/28/2022 (Attachments: #1 Civil Cover Sheet, #2 State Court Pleadings, #3 Local Rule 81.A Statement) (Weston, Benjamin) (Entered: 12/29/2021)
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