Wheeler et al v. Wal-Mart Louisiana, LLC
| Louisiana Eastern District Court | |
| Judge: | Carl Barbier |
| Referred: | Joseph C Wilkinson, Jr |
| Case #: | 2:17-cv-02144 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Wrongful Death |
| Case Filed: | Mar 15, 2017 |
| Terminated: | Nov 29, 2018 |
| Last checked: Monday Sep 11, 2017 3:30 AM CDT |
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Defendant
Wal-Mart Louisiana, L.L.C.
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Represented By
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Plaintiff
Kattie Wheeler Ashby
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Represented By
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Plaintiff
Cecil Jean Wheeler
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Represented By
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Plaintiff
Darnell Wheeler
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Represented By
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Plaintiff
Samuel Wheeler
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Represented By
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Plaintiff
Travis Wheeler
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Represented By
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GPO
Nov 28 2018
ORDER AND REASONS: IT IS HEREBY ORDERED that Defendant Wal-Marts 38 Motion for Summary Judgment is GRANTED. Plaintiffs claims are hereby DISMISSED with prejudice, as set forth in document. Signed by Judge Carl Barbier on 11/27/2018. (am) |
| Docket last updated: 05/06/2024 11:59 PM CDT |
| Thursday, November 29, 2018 | ||
| 48 | 48
order
Judgment
Thu 11/29 4:08 PM
JUDGMENT: Considering the court's Order dated November 27, 2018, filed herein, IT IS ORDERED, ADJUDGED AND DECREED that there be judgment in favor of defendant, Wal-Mart Louisiana, LLC, and against plaintiffs, Cecil Jean Wheeler, Darnell Wheeler, Travis Wheeler, Samuel Wheeler and Kattie Wheeler Ashby, dismissing plaintiffs' claims with prejudice. Signed by Judge Carl Barbier on 11/29/2018.(am) |
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| Wednesday, November 28, 2018 | ||
| 47 | 47
12
pgs
order
Order on Motion for Summary Judgment
Wed 11/28 2:42 PM
ORDER AND REASONS: IT IS HEREBY ORDERED that Defendant Wal-Marts38 Motion for Summary Judgment is GRANTED. Plaintiffs claims are hereby DISMISSED with prejudice, as set forth in document. Signed by Judge Carl Barbier on 11/27/2018. (am) |
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| Wednesday, November 14, 2018 | ||
| 46 | 46
misc
Correction of Docket Entry by Clerk
Wed 11/14 7:39 AM
Correction of Docket Entry by Clerk re45 Notice to Take Deposition; Document has been stricken pursuant to Rule 5(d) of the FRCP. (cg) |
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| Tuesday, November 13, 2018 | ||
| 45 | 45
discov
Notice to Take Deposition
Tue 11/13 4:27 PM
NOTICE to Take Deposition of Deputy Vincent Silva by Kattie Wheeler Ashby, Cecil Jean Wheeler, Darnell Wheeler, Samuel Wheeler, Travis Wheeler |
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| Friday, November 02, 2018 | ||
| 44 | 44
trial
Witness and Exhibit List
Fri 11/02 1:25 PM
Witness and Exhibit List by All Plaintiffs. |
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| 43 | 43
trial
Witness and Exhibit List
Fri 11/02 9:30 AM
Supplemental Witness and Exhibit List by Wal-Mart Louisiana, L.L.C.. (Hardy, Sidney) |
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| Wednesday, October 24, 2018 | ||
| 42 | 42
respm
Reply to Response to Motion
Wed 10/24 2:52 PM
REPLY to Response to Motion filed by Wal-Mart Louisiana, L.L.C. re38 MOTION for Summary Judgment . (jeg) |
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| 41 | 41
1
pgs
order
Order on Motion for Leave to File
Wed 10/24 2:48 PM
ORDER granting40 Motion for Leave to File Reply. Signed by Judge Carl Barbier on 10/24/2018. (jeg) |
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| Tuesday, October 23, 2018 | ||
| 40 | 40
motion
Leave to File Document
Tue 10/23 10:38 AM
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum to Plaintiff's Opposition to Motion for Summary Judgment by Wal-Mart Louisiana, L.L.C..(Hardy, Sidney) |
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Att: 1
Proposed Order,
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Att: 2
Proposed Pleading
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| Tuesday, October 16, 2018 | ||
| 39 | 39
respm
Response/Memorandum in Opposition to Motion
Tue 10/16 3:51 PM
RESPONSE/MEMORANDUM in Opposition filed by Kattie Wheeler Ashby, Cecil Jean Wheeler, Darnell Wheeler, Samuel Wheeler, Travis Wheeler re38 MOTION for Summary Judgment . |
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Att: 1
Statement of Contested/Uncontested Facts,
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Att: 2
Exhibit P-1,
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Att: 3
Exhibit P-2,
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Att: 4
Exhibit P-3,
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Att: 5
Exhibit P-4,
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Att: 6
Exhibit P-5
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| Wednesday, September 12, 2018 | ||
| 38 | 38
motion
Summary Judgment
Wed 09/12 9:41 AM
MOTION for Summary Judgment by Wal-Mart Louisiana, L.L.C.. Motion(s) will be submitted on 10/24/2018.(Hardy, Sidney) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Statement of Contested/Uncontested Facts,
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Att: 10
Notice of Submission
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| Monday, August 13, 2018 | ||
| 37 | 37
1
pgs
order
Order on Motion for Summary Judgment
Mon 08/13 4:18 PM
ORDER: IT IS ORDERED that pursuant to Fed. R. Civ. P. 56(d), Defendant's16 Motion for Summary Judgment is hereby DENIED without prejudice, to be re-urged at a later date. Signed by Judge Carl Barbier on 8/13/2018. (ajn) |
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| Tuesday, April 24, 2018 | ||
| 36 | 36
1
pgs
order
Order on Motion to Enroll as Counsel of Record
Tue 04/24 1:19 PM
ORDER granting35 Motion to Enroll as Counsel of Record for Attorney Christopher David James-Lomax for Wal-Mart Louisiana, L.L.C. Signed by Judge Carl Barbier on 4/24/2018. (cg) |
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| Friday, April 20, 2018 | ||
| 35 | 35
motion
Enroll as Counsel of Record
Fri 04/20 3:04 PM
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Christopher James-Lomax by Wal-Mart Louisiana, L.L.C..(Hardy, Sidney) |
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Att: 1
Proposed Order
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| Friday, March 23, 2018 | ||
| 34 | 34
order
Scheduling Order
Fri 03/23 2:22 PM
SCHEDULING ORDER: Final Pretrial Conference set for 1/3/2019 02:00 PM before Judge Carl Barbier. Jury Trial set for 1/28/2019 08:30 AM before Judge Carl Barbier. All discovery must be completed by 12/3/2018. Signed by Judge Carl Barbier on 3/23/2018.(cg) |
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Att: 1
Pretrial Notice Form
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| Monday, February 05, 2018 | ||
| 33 | 33
1
pgs
order
Order on Motion to Continue
Mon 02/05 1:34 PM
ORDER granting32 Motion to Continue. IT IS FURTHER ORDERED that the telephone scheduling conference, currently set for March 14, 2018, at 3:00 p.m., is hereby CONTINUED to March 23, 2018, at 11:00 a.m. Signed by Judge Carl Barbier on 2/1/2018. (cg) |
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| Thursday, February 01, 2018 | ||
| 32 | 32
motion
Continue
Thu 02/01 1:13 PM
EXPARTE/CONSENT MOTION to Continue and Reset Scheduling Conference by Wal-Mart Louisiana, L.L.C..(Hardy, Sidney) |
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Att: 1
Proposed Order
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| Tuesday, January 30, 2018 | ||
| 31 | 31
1
pgs
order
Order ~Util - Set/Reset Hearings
Tue 01/30 12:59 PM
NOTICE: Scheduling Conference set for 3/14/2018 03:00 PM before case manager by telephone. By Clerk. (gec) |
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| Monday, January 29, 2018 | ||
| 30 | 30
1
pgs
order
Order on Motion for Leave to File
Mon 01/29 4:50 PM
ORDER granting29 Motion for Leave to File Manual Exhibit. Signed by Judge Carl Barbier on 1/29/2018. (cg) |
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| Friday, January 26, 2018 | ||
| 29 | 29
motion
Leave to File Document
Fri 01/26 12:41 PM
EXPARTE/CONSENT MOTION for Leave to File Manually Attached Exhibit to Plaintiffs' Memorandum in Opposition to Defendant's Motion for Summary Judgment by Kattie Wheeler Ashby, Cecil Jean Wheeler, Darnell Wheeler, Samuel Wheeler, Travis Wheeler. |
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Att: 1
Proposed Order,
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Att: 2
Exhibit
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| 28 | 28
respm
Reply to Response to Motion
Fri 01/26 11:11 AM
REPLY to Response to Motion filed by Wal-Mart Louisiana, L.L.C. re16 MOTION for Summary Judgment . (cg) |
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| 27 | 27
1
pgs
order
Order on Motion for Leave to File
Fri 01/26 11:10 AM
ORDER granting25 Motion for Leave to File Reply. Signed by Judge Carl Barbier on 1/26/2018. (cg) |
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| Thursday, January 25, 2018 | ||
| 26 | 26
respm
Response/Memorandum in Opposition to Motion
Thu 01/25 1:07 PM
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re25 MOTION for Leave to File Reply Memorandum in Support of Defendant's Motion for Summary Judgment . |
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| 25 | 25
motion
Leave to File Document
Thu 01/25 9:40 AM
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Defendant's Motion for Summary Judgment by Wal-Mart Louisiana, L.L.C.. |
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Att: 1
Proposed Order (2) Proposed Pleading (Hardy, Sidney) Modified text on 1/25/2018 (cg)
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| Wednesday, January 24, 2018 | ||
| 24 | 24
1
pgs
order
Order on Motion to Continue
Wed 01/24 11:56 AM
ORDER granting18 Motion to Continue. IT IS HEREBY ORDERED that the motion is GRANTED. The pre-trial conference, currently set for March 1, 2018, and the jury trial, currently set for March 26, 2018, are hereby CONTINUED to be reset. IT IS FURTHER ORDERED that the current Scheduling Order is hereby VACATED. The Court will set a scheduling conference for the parties to select new trial and pre-trial dates. The Court's Case Manager will coordinate the call. Signed by Judge Carl Barbier on 1/24/2018. (cg) |
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| Tuesday, January 23, 2018 | ||
| 23 | 23
respm
Response/Memorandum in Opposition to Motion
Tue 01/23 6:05 PM
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re16 MOTION for Summary Judgment . |
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Att: 1
Statement of Contested/Uncontested Facts,
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Att: 2
Exhibit P-1,
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Att: 3
Exhibit P-2,
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Att: 4
Exhibit P-3,
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Att: 5
Exhibit P-4,
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Att: 6
Exhibit P-5
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| Wednesday, January 17, 2018 | ||
| 22 | 22
respm
Response/Memorandum in Opposition to Motion
Wed 01/17 3:32 PM
RESPONSE/MEMORANDUM in Opposition filed by Wal-Mart Louisiana, L.L.C. re18 First MOTION to Continue Trial and Unexpired Deadlines .(Hardy, Sidney) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Exhibit Exhibit D,
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Att: 5
Exhibit Exhibit E,
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Att: 6
Exhibit Exhibit F
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| Tuesday, January 09, 2018 | ||
| 21 | 21
minutes
~Util - Set/Reset Motion and R&R Deadlines/Hearings Order ~Util - Terminate Motions
Tue 01/09 4:49 PM
ORDER granting20 MOTION to Continue Submission Date. The submission date for Defendant's Motion for Summary Judgment is CONTINUED to January 31, 2018. Signed by Judge Carl Barbier.(gec) |
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| Monday, January 08, 2018 | ||
| 20 | 20
motion
Extension of Time to File Response/Reply
Mon 01/08 5:56 PM
EXPARTE/CONSENT Ex Parte MOTION for Extension of Time to File Response/Reply as to16 MOTION for Summary Judgment by Kattie Wheeler Ashby, Cecil Jean Wheeler, Darnell Wheeler, Samuel Wheeler, Travis Wheeler. |
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Att: 1
Proposed Order
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| Thursday, January 04, 2018 | ||
| 19 | 19
trial
Witness and Exhibit List
Thu 01/04 5:10 PM
Witness and Exhibit List by All Plaintiffs. |
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| 18 | 18
motion
Continue
Thu 01/04 4:52 PM
EXPARTE/CONSENT First MOTION to Continue Trial and Unexpired Deadlines by Cecil Jean Wheeler. |
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Att: 1
Proposed Order,
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Att: 2
Memorandum in Support
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| 17 | 17
trial
Witness and Exhibit List
Thu 01/04 3:55 PM
Witness and Exhibit List by Wal-Mart Louisiana, L.L.C.. (Hardy, Sidney) |
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| Tuesday, January 02, 2018 | ||
| 16 | 16
motion
Summary Judgment
Tue 01/02 5:26 PM
MOTION for Summary Judgment by Wal-Mart Louisiana, L.L.C.. Motion(s) will be submitted on 1/17/2018.(Hardy, Sidney) |
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Att: 1
Notice of Submission,
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Att: 2
Memorandum in Support,
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Att: 3
Statement of Contested/Uncontested Facts,
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Att: 4
Exhibit A,
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Att: 5
Exhibit B,
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Att: 6
Exhibit C,
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Att: 7
Exhibit D,
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Att: 8
Exhibit E,
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Att: 9
Exhibit F,
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Att: 10
Exhibit G
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| Thursday, December 21, 2017 | ||
| 15 | 15
trial
Witness List
Thu 12/21 12:27 PM
Witness List by Wal-Mart Louisiana, L.L.C.. (Hardy, Sidney) |
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| Wednesday, October 18, 2017 | ||
| 14 | 14
1
pgs
order
Order on Motion to Withdraw as Attorney
Wed 10/18 1:24 PM
ORDER granting13 Motion to Withdraw as Attorney. Attorney David B. Belk terminated. Signed by Judge Carl Barbier on 10/17/2017. (cg) |
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| Tuesday, October 17, 2017 | ||
| 13 | 13
motion
Withdraw as Attorney
Tue 10/17 10:12 AM
EXPARTE/CONSENT MOTION to Withdraw David B. Belk as Attorney by Kattie Wheeler Ashby, Cecil Jean Wheeler, Darnell Wheeler, Samuel Wheeler, Travis Wheeler.(Belk, David) |
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Att: 1
Proposed Order
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| Thursday, June 15, 2017 | ||
| 12 | 12
order
Protective Order
Thu 06/15 10:29 AM
PROTECTIVE ORDER AS AMENDED BY COURT. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 6/15/2017.(my) |
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| Tuesday, June 13, 2017 | ||
| 11 | 11
motion
Protective Order
Tue 06/13 10:13 AM
EXPARTE/CONSENT Joint MOTION for Protective Order by Wal-Mart Louisiana, LLC. Motion(s) referred to Joseph C. Wilkinson, Jr.(Hardy, Sidney) |
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Att: 1
Proposed Order,
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Att: 2
Exhibit
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| Monday, May 01, 2017 | ||
| 10 | 10
order
Scheduling Order
Mon 05/01 1:23 PM
SCHEDULING ORDER: Final Pretrial Conference set for 3/1/2018 02:00 PM before Judge Carl Barbier. Jury Trial set for 3/26/2018 08:30 AM before Judge Carl Barbier. All discovery must be completed by 1/30/2018. Signed by Judge Carl Barbier on 5/1/17.(sek) |
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Att: 1
Pretrial Notice Form
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| Tuesday, March 21, 2017 | ||
| 9 | 9
notice
Notice of Compliance
Tue 03/21 2:54 PM
Notice of Compliance by Wal-Mart Louisiana, LLC re5 Order.(Hardy, Sidney) |
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Att: 1
Exhibit
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| Monday, March 20, 2017 | ||
| 8 | 8
order
Order Set Hearings
Mon 03/20 2:40 PM
NOTICE: Scheduling Conference set for 4/27/2017 10:30 AM before case manager by telephone. By Clerk.(sek) |
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| Friday, March 17, 2017 | ||
| 7 | 7
answer
Answer to Complaint
Fri 03/17 1:45 PM
ANSWER to Complaint with Jury Demand by Wal-Mart Louisiana, LLC.(Hardy, Sidney) |
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| 6 | 6
misc
Statement of Corporate Disclosure
Fri 03/17 1:41 PM
Statement of Corporate Disclosure by Wal-Mart Louisiana, LLC identifying Corporate Parent Wal-Mart Stores, Inc., Corporate Parent WSE Management, LLC (GP), Corporate Parent WSE Investment, LLC (LP), Corporate Parent Wal-Mart Stores East, LP for Wal-Mart Louisiana, LLC (Hardy, Sidney) |
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| Thursday, March 16, 2017 | ||
| 5 | 5
order
Order
Thu 03/16 5:30 PM
NOTICE of directives pursuant to 28:1447(b), by Clerk. (gec) |
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| 4 | 4
misc
Correction of Docket Entry by Clerk
Thu 03/16 5:29 PM
Correction of Docket Entry by Clerk re1 Notice of Removal. This document was filed in error. Attorney has refiled, see record doc3 . (gec) |
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| 3 | 3
notice
Notice of Removal
Thu 03/16 9:19 AM
NOTICE OF REMOVAL with jury demand from Civil District Court, Parish of Orleans, case number 2017-00153 (Filing fee $ 400 receipt number 053L-6027532) filed by Wal-Mart Louisiana, LLC.(Hardy, Sidney) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Civil Cover Sheet
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| 2 | 2
misc
Initial Case Assignment
Thu 03/16 8:58 AM
Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Joseph C. Wilkinson, Jr. (jeg) |
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| Wednesday, March 15, 2017 | ||
| 1 | 1
notice
Notice of Removal
Wed 03/15 11:20 AM
NOTICE OF REMOVAL with jury demand from Civil District Court, Parish of Orleans, case number 2017-00153 (Filing fee $ 400 receipt number 053L-6025661) filed by Wal-Mart Louisiana, LLC.Attorney Sidney Jay Hardy added to party Wal-Mart Louisiana, LLC(pty:dft).(Hardy, Sidney) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Civil Cover Sheet
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