Illinois Central District Court
Judge:Sue E Myerscough
Referred: Tom Schanzle-Haskins
Case #: 3:17-cv-03073
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1332 Diversity-Personal Injury
Case Filed:Mar 14, 2017
Terminated:Apr 26, 2018
Last checked: Sunday Sep 10, 2017 4:00 AM CDT
Defendant
Wal-Mart Stores, Inc
Represented By
James E DeFranco
Defranco & Bradley PC
contact info
Brittany P Warren
Defranco & Bradley PC
contact info
Plaintiff
Gerald Tucker
Represented By
Lanny H Darr
Darr Firm
contact info


Docket last updated: 04/22/2024 11:59 PM CDT
Thursday, April 26, 2018
order Order on Motion for Miscellaneous Relief ~Util - Terminate Civil Case Thu 04/26 10:38 AM
TEXT ORDER: The parties have filed a Stipulation for Dismissal17 . Pursuant to the Stipulation, this case is DISMISSED WITH PREJUDICE. Each party shall bear his or its own costs. The pending Motion to Enforce Settlement16 is DENIED AS MOOT. No judgment to enter. CASE CLOSED. Entered by Judge Sue E. Myerscough on 4/26/2018. (MAS, ilcd)
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Tuesday, April 24, 2018
17 17 misc Stipulation of Dismissal Tue 04/24 3:44 PM
STIPULATION of Dismissal by Wal-Mart Stores, Inc. (DeFranco, James)
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Friday, April 20, 2018
16 16 motion Miscellaneous Relief Fri 04/20 3:53 PM
MOTION Enforce Settlement by Plaintiff Gerald Tucker. Responses due by 5/4/2018(Darr, Lanny)
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Att: 1 Exhibit Exhibit A,
Att: 2 Exhibit Exhibit B,
Att: 3 Exhibit Exhibit C
Tuesday, April 03, 2018
order Order on Motion for Extension of Time to File ~Util - Set/Reset Deadlines Tue 04/03 12:41 PM
TEXT ORDER: The parties' Joint Motion for Extension of Time15 is GRANTED. The parties' deadline to file a stipulation to dismiss is extended to May 2, 2018. Entered by Judge Sue E. Myerscough on 4/3/2018. (MJC, ilcd)
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Monday, April 02, 2018
15 15 motion Extension of Time to File Document Mon 04/02 3:13 PM
Joint MOTION for Extension of Time to File Stipulation by Defendant Wal-Mart Stores, Inc. Responses due by 4/16/2018 (DeFranco, James)
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Thursday, March 01, 2018
minutes Mediation 1 - Terminate Deadlines and Hearings Thu 03/01 1:12 PM
MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Present in person is Plaintiff Gerald Tucker and counsel, Lanny Darr and Chris Tucker. Present in person for Defendant is Andrew Zumwalt and counsel, James DeFranco. Mediation conducted among the parties. Mediation successful. Parties agree to terms of settlement and execute final settlement agreement. Parties to file a stipulation to dismiss with prejudice, each party to pay their own costs, pursuant to final settlement agreement within 30 days. All pending deadlines are vacated. Final pretrial and jury trial settings remain as scheduled. (LB, ilcd)
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Tuesday, February 20, 2018
minutes Status Conference ~Util - Set/Reset Hearings Tue 02/20 11:31 AM
MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic status conference held with counsel for Plaintiff, Lanny H. Darr, and counsel for Defendant, James DeFranco. Discussion held regarding setting this case for mediation. By joint request the Court schedules mediation on Thursday, March 1, 2018, at 9:30 a.m. CST in Courtroom 3 in Springfield before Judge Schanzle-Haskins. Confidential mediation statements pursuant to Judge Schanzle-Haskins' Mediation Memorandum to be submitted to Judge Schanzle-Haskins via fax to (217) 492-4596 or e-mail to lesa_blagburn@ilcd.uscourts.gov on or before close of business on February 26, 2018. Mediation statements are not to be e-filed. (LB, ilcd)
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Tuesday, February 06, 2018
14 14 notice Notice (Other) Tue 02/06 3:36 PM
NOTICE Plaintiff's Supplemental Rule 26(a)(1) Disclosures (Darr, Lanny)
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Tuesday, January 30, 2018
order Order on Motion Tue 01/30 1:43 PM
TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Motion to Inspect and Photograph13 (Motion) is ALLOWED. Plaintiff filed the Motion and served defense counsel electronically through the Court's CM/ECF system on January 11, 2018. A non-moving party must respond to a motion within 14 days of service or the Court presumes that the non-moving party has no objection to the motion. Local Rule 7.1(B)(2). More than 14 days have passed since service and Defendant has not responded to the Motion. Defendant is presumed to have no objection to the Motion. Defendant is ordered to produce the wheeled customer use cart and employee merchandise conveyance cart involved in the incident alleged in the Complaint1 on a date and place certain on or before March 2, 2018, to allow the Plaintiff or his representatives to photograph, weigh, measure, and inspect the two carts. (LB, ilcd)
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Thursday, January 11, 2018
13 13 2 pgs motion Order Thu 01/11 11:06 AM
MOTION for Order by Plaintiff Gerald Tucker. Responses due by 1/25/2018 (Darr, Lanny)
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Monday, July 17, 2017
12 12 service Certificate of Service Mon 07/17 11:33 AM
CERTIFICATE OF SERVICE by Gerald Tucker (Darr, Lanny)
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Thursday, June 29, 2017
11 11 misc Certificate Thu 06/29 9:40 AM
CERTIFICATE of Compliance . (DeFranco, James)
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Wednesday, June 21, 2017
10 10 notice Notice of Appearance of Attorney Wed 06/21 10:22 AM
NOTICE of Appearance of Attorney by Brittany P Warren on behalf of Wal-Mart Stores, Inc (Warren, Brittany)
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Tuesday, June 20, 2017
9 9 order Order ~Util - Set/Reset Scheduling Order Deadlines Tue 06/20 4:02 PM
SCHEDULING ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Initial Disclosures due by 6/30/2017; Joinder of Parties due by 7/28/2017; Amended Pleadings due by 7/28/2017; Plaintiff`s Expert Disclosure due by 10/16/2017; Defendant`s Expert Disclosure due by 12/15/2017; All Discovery due by 2/19/2018; Dispositive Motions due by 3/2/2018. Final Pretrial Conference set 7/2/2018 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 7/17/2018 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set Tuesday, 2/20/2018, at 10:30 AM (court will place call) before Magistrate Judge Schanzle-Haskins. See written order. (LB, ilcd)
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8 8 minutes Scheduling Conference - Rule 16 Tue 06/20 10:19 AM
MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins: Telephonic Rule 16 Scheduling Conference held on 6/20/2017 with Attorneys Lanny Darr and James DeFranco. Written Scheduling Order to follow. Parties are reminded of their option to consent to proceed before U.S. Magistrate Judge. See attached forms. (LB, ilcd)
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Wednesday, June 14, 2017
7 7 misc Report of Rule 26(f) Planning Meeting Wed 06/14 11:26 AM
REPORT of Rule 26(f) Planning Meeting by Wal-Mart Stores, Inc. (DeFranco, James)
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Monday, May 15, 2017
notice Notice of Hearing Mon 05/15 10:39 AM
NOTICE OF HEARING: Telephonic Rule 16 Scheduling Conference set Tuesday, 6/20/2017, at 10:00 AM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 6/16/2017. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd)
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Friday, April 28, 2017
6 6 misc Certificate of Interest Fri 04/28 3:56 PM
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Wal-Mart Stores, Inc. (DeFranco, James)
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5 5 notice Notice of Appearance of Attorney Fri 04/28 3:50 PM
NOTICE of Appearance of Attorney by James E DeFranco on behalf of Wal-Mart Stores, Inc (DeFranco, James)
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4 4 answer Answer to Complaint Fri 04/28 3:49 PM
ANSWER to1 Complaint by Wal-Mart Stores, Inc.(DeFranco, James)
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Wednesday, April 19, 2017
3 3 service Affidavit of Service Wed 04/19 11:08 AM
AFFIDAVIT of Service for Summons served on Jeremy Rigsby on 03/31/2017, filed by Gerald Tucker. (Darr, Lanny)
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Wednesday, March 29, 2017
2 2 service Summons Issued Wed 03/29 9:34 AM
Summons Issued as to Wal-Mart Stores, Inc. and forwarded to the Plaintiff's attorney for effectuation of service. (MAS, ilcd)
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Tuesday, March 14, 2017
1 1 cmp Attorney Complaint Tue 03/14 3:56 PM
COMPLAINT against Wal-Mart Stores, Inc ( Filing fee $ 400 receipt number 0753-2528774.), filed by Gerald Tucker.(Darr, Lanny)
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Att: 1 Civil Cover Sheet,
Att: 2 Supplement Summons