Theut's Flower Barn Inc. v. The Kroger Co.

Michigan Eastern District Court
Judge:Shalina D Kumar
Referred: Anthony P Patti
Case #: 4:24-cv-10170
Nature of Suit190 Contract - Other Contract
Cause28:1331 Fed. Question: Breach of Contract
Case Filed:Jan 22, 2024
Last checked: Saturday Jul 20, 2024 1:35 PM EDT
Defendant
The Kroger Co.
Represented By
Sarah E. Sessler
Dinsmore & Shohl, LLP
contact info
Richik Sarkar
Dinsmore & Shohl LLP
contact info
Plaintiff
Theut's Flower Barn Inc.
Represented By
John A. Behrendt
Bodman
contact info
Sinead Redmond
Bodman PLC
contact info
Melissa Benton Moore
Bodman PLC
contact info


Docket last updated: 4 hours ago
Thursday, March 27, 2025
minutes Status Conference Thu 03/27 12:04 PM
Minute Entry for telephonic proceedings before District Judge Shalina D. Kumar: Telephonic Status Conference held on 3/27/2025. The parties are moving along in discovery and anticipate facilitating or mediating with the Hon. Wendy Potts. Once a date has been chosen, the parties are to email Judge Kumar's paralegal with the date and time of the facilitation so the Court can set a status conference to discuss the results. (Court Reporter: None Present, Not on the Record) (THal)
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Monday, March 24, 2025
26 26 notice Appear* Mon 03/24 2:47 PM
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 3/27/2025 10:30 AM before District Judge Shalina D. Kumar. *READ NOTICE FOR CALL-IN INFORMATION. (THal)
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Wednesday, January 08, 2025
25 25 2 pgs order Order ~Util - Set Scheduling Order Deadlines ~Util - Terminate Motions Wed 01/08 9:57 AM
ORDER Granting24 Joint MOTION TO EXTEND Discovery and Dispositive Motion Deadlines. ( Telephonic Status Conference reset for 3/27/2025 10:30 AM before District Judge Shalina D. Kumar , Discovery due by 5/26/2025 , Dispositive Motion Cut-off reset for 7/25/2025 ). *NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by District Judge Shalina D. Kumar. (THal)
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Tuesday, January 07, 2025
24 24 motion Extend - free Tue 01/07 1:47 PM
Joint MOTION TO EXTEND Discovery and Dispositive Motion Deadlines and Certificate of Service by Theut's Flower Barn Inc.. (Behrendt, John)
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Friday, November 22, 2024
23 23 2 pgs order Order ~Util - Set Scheduling Order Deadlines ~Util - Terminate Motions Fri 11/22 3:57 PM
ORDER Granting22 Joint MOTION TO EXTEND Discovery and Dispositive Motion Deadlines. ( Telephonic Status Conference set for 1/30/2025 10:00 AM before District Judge Shalina D. Kumar , Discovery due by 3/27/2025 , Dispositive Motion Cut-off set for 5/26/2025 ). Signed by District Judge Shalina D. Kumar. (THal)
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22 22 motion Extend - free Fri 11/22 11:49 AM
Joint MOTION TO EXTEND Discovery and Dispositive Motion Deadlines and Certificate of Service by Theut's Flower Barn Inc.. (Behrendt, John)
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Friday, August 09, 2024
21 21 trial Witness List Fri 08/09 12:10 PM
AMENDED WITNESS LIST by The Kroger Co. (Sessler, Sarah)
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Tuesday, July 30, 2024
20 20 2 pgs order Order ~Util - Terminate Motions ~Util - Set Scheduling Order Deadlines Tue 07/30 10:48 AM
ORDER Granting19 Joint MOTION TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES. ( Telephonic Status Conference reset for 12/17/2024 10:15 AM before District Judge Shalina D. Kumar , Discovery due by 2/10/2025 , Dispositive Motion Cut-off reset for 3/12/2025 ). Signed by District Judge Shalina D. Kumar. (THal)
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Monday, July 29, 2024
19 19 motion Extend - free Mon 07/29 1:31 PM
Joint MOTION TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES by The Kroger Co.. (Sessler, Sarah)
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Friday, July 26, 2024
18 18 trial Witness List Fri 07/26 5:07 PM
WITNESS LIST by The Kroger Co. (Sessler, Sarah)
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17 17 trial Witness List Fri 07/26 3:33 PM
WITNESS LIST by Theut's Flower Barn Inc. (Behrendt, John)
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Wednesday, July 17, 2024
16 16 order Stipulation and Order Thu 07/18 9:56 AM
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Anthony P. Patti. (KBro)
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Monday, June 24, 2024
order Text-Only Order Mon 06/24 1:44 PM
TEXT-ONLY ORDER: Defendant The Kroger co. has filed a "Notice" of their intent to serve a subpoena on a third party. Typically, discovery requests are not required, nor permitted, to be filed directly on the docket. See Fed. R. Civ. P. 5(d)(1) (stating discovery requests "must not be filed until they are used in the proceeding or the court orders filing"); see also E.D. Mich. LR 26.2 (stating that a party "may not file discovery material specified in Fed. R. Civ. P. 5(d)(1)"). While Rule 45 contemplates the filing of a proof of service of a subpoena "when necessary," Fed. R. Civ. P. 45(b)(4), Defendant's document is not a proof of service but a notice that it "will" be serving a subpoena. (ECF No.15 , PageID.91.) Further, the Court sees no reason why a proof of service of a standard discovery subpoena is "necessary" in this case. Accordingly, ECF No.15 is HEREBY STRICKEN from the docket and the parties are DIRECTED not to file any further discovery requests, subpoenas, or responses on this docket, other than as exhibits attached to legitimate, related motions, without further order of the Court. It is SO ORDERED. Entered by Magistrate Judge Anthony P. Patti. (KBro)
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Friday, June 21, 2024
15 15 notice Notice - Other Fri 06/21 10:32 AM
NOTICE by The Kroger Co. of Subpoena to National Garden Service (Sessler, Sarah)
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Friday, March 29, 2024
14 14 order Referring Pretrial Matters to Magistrate Judge* Fri 03/29 10:38 AM
ORDER Referring Matters for Discovery to Magistrate Judge Anthony P. Patti. Signed by District Judge Shalina D. Kumar. (THal)
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13 13 order Scheduling Order Fri 03/29 10:37 AM
RULE 16 SCHEDULING ORDER (PHASE I): Telephonic Status Conference set for 9/18/2024 10:00 AM before District Judge Shalina D. Kumar. *READ ORDER FOR CALL-IN INSTRUCTIONS. Discovery due by 11/12/2024. Dispositive Motion Cut-off set for 12/12/2024. Signed by District Judge Shalina D. Kumar. Related [+] (THal)
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notice Text-Only Notice of Hearing Cancelled Fri 03/29 10:32 AM
TEXT-ONLY NOTICE: Telephonic Scheduling Conference on 4/3/24 is Cancelled. Scheduling Order to be issued. (THal)
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Wednesday, March 27, 2024
12 12 misc Discovery Plan - Rule 26f Wed 03/27 1:03 PM
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Behrendt, John)
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Friday, March 01, 2024
11 11 2 pgs notice Appear* Fri 03/01 1:56 PM
NOTICE OF RULE 16 SCHEDULING CONFERENCE AND RULE 26 JOINT DISCOVERY PLAN DEADLINE: Telephonic Scheduling Conference set for 4/3/2024 11:15 AM before District Judge Shalina D. Kumar. *READ NOTICE FOR CALL-IN INSTRUCTIONS. (THal)
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10 10 misc Statement of Disclosure of Corporate Affiliations Fri 03/01 11:05 AM
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by The Kroger Co. (Sarkar, Richik)
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9 9 10 pgs answer Answer to Complaint Fri 03/01 10:58 AM
ANSWER to Complaint with Affirmative Defenses by The Kroger Co.. (Sarkar, Richik)
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Friday, February 09, 2024
8 8 order Stipulation and Order Fri 02/09 10:37 AM
STIPULATION AND ORDER for Extension of Time to Respond to Plaintiff's Complaint. Responsive pleading due by 3/1/2024. Signed by District Judge Shalina D. Kumar. (THal)
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Friday, February 02, 2024
7 7 notice Appearance Fri 02/02 4:02 PM
NOTICE of Appearance by Richik Sarkar on behalf of The Kroger Co.. (Sarkar, Richik)
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Friday, January 26, 2024
6 6 misc Statement of Disclosure of Corporate Affiliations Fri 01/26 1:06 PM
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Theut's Flower Barn Inc. (Behrendt, John)
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5 5 service Certificate of Service/Summons Returned Executed Fri 01/26 1:05 PM
CERTIFICATE of Service/Summons Returned Executed. The Kroger Co. served on 1/23/2024, answer due 2/13/2024. (Behrendt, John)
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Tuesday, January 23, 2024
4 4 misc Attorney Appearance Tue 01/23 11:24 AM
ATTORNEY APPEARANCE: Sinead Redmond appearing on behalf of Theut's Flower Barn Inc. Related [+]
Related: [-] dmond, Sinead
3 3 misc Attorney Appearance Tue 01/23 10:08 AM
ATTORNEY APPEARANCE: Melissa Benton Moore appearing on behalf of Theut's Flower Barn Inc. (Moore, Melissa)
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2 2 service Summons Issued* Tue 01/23 10:03 AM
SUMMONS Issued for *The Kroger Co.* (MCho)
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notice Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option Tue 01/23 10:03 AM
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at[LINK:http://www.mied.uscourts.gov] (MCho)
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Monday, January 22, 2024
1 1 9 pgs COMPLAINT filed by Theut's Flower Barn Inc. against The Kroger Co.. Plaintiff requests summons issued. Receipt No: AMIEDC-9632017 - Fee: $ 405. County of 1st Plaintiff: Macomb - County Where Action Arose: Macomb - County of 1st Defendant: Out of State. [ Previously dismissed case: No] [ Possible companion case(s): None ] (Behrendt, John)
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Att: 1 Index of Exhibits,
Att: 2 8 pgs Exhibit A - Kroger SBT Contract,
Att: 3 5 pgs Exhibit B - Feb. 6 Sign Discussion Text,
Att: 4 6 pgs Exhibit C - Feb. 22 Houston R14-356 Theft,
Att: 5 3 pgs Exhibit D - Mar. 13 Houston Store 356 Theft,
Att: 6 16 pgs Exhibit E - Emails Showing Failure to Care for Plants,
Att: 7 4 pgs Exhibit F - Free Plant Photos,
Att: 8 2 pgs Exhibit G - Mar. 31 Culling Noticing a Pattern Houston