Cook et al v. Ross Stores Inc
| Louisiana Western District Court | |
| Judge: | James D Cain, Jr |
| Referred: | Thomas P Leblanc |
| Case #: | 2:24-cv-00679 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | May 21, 2024 |
| Case in other court: | Parish of Calcasieu, 14th JDC, 23-02642 |
| Last checked: Sunday Nov 17, 2024 2:57 AM CST |
|
Defendant
Ross Stores Inc
|
Represented By
|
|
Plaintiff
Tyra Cook
|
Represented By
|
| Docket last updated: 58 minutes ago |
| Monday, April 28, 2025 | ||
| 35 | 35
order
Order ~Util - Set Motion and R&R Deadlines/Hearings
Mon 04/28 4:04 PM
ELECTRONIC ORDER re18 First MOTION to Compel Discovery Responses MOTION for Attorney Fees filed by Tyra Cook. Considering the parties' joint33 Status Report, requesting that pending motions be stayed an additional 150 days to allow for discovery and settlement discussions, the motion to compel is set for hearing approximately 150 days from the date of the status report. Set deadlines/hearing as to the18 First MOTION to Compel Discovery Responses , MOTION for Attorney Fees: Responses due by 8/11/2025. Replies due by 8/18/2025. Motion day set for 8/27/2025 at 10:00 AM in Lake Charles, Courtroom 3 before Magistrate Judge Thomas P LeBlanc. Signed by Magistrate Judge Thomas P LeBlanc on 4/28/2025. (crt,Crawford, Andrea) |
|
| Monday, March 24, 2025 | ||
| 34 | 34
1
pgs
order
Order on Motion to Substitute Attorney
Tue 03/25 8:06 AM
ORDER granting32 Motion to Substitute Attorney. Added attorney Lindsey Marie Valenti for Ross Stores Inc. Attorney John F Herrick terminated. IT IS HEREBY FURTHER ORDERED that Ross Stores Inc, shall immediately designate new Lead Attorney in accordance with LR11.2. Signed by Magistrate Judge Thomas P LeBlanc on 3/24/2025. (crt,Whitener, M) |
|
| Friday, March 21, 2025 | ||
| 33 | 33
misc
Status Report
Fri 03/21 4:49 PM
Joint STATUS REPORT by Ross Stores Inc. (aty,Valenti, Lindsey) |
|
| Thursday, March 20, 2025 | ||
| 32 | 32
motion
Substitute Attorney
Thu 03/20 10:39 AM
MOTION to Substitute Attorney Lindsey M. Valenti in place of John F. Herrick by Ross Stores Inc. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 3/20/2025.(aty,Bogart, Christian) Modified to remove duplicate text on 3/20/2025 (Chavis, J) |
|
|
Att: 1
Proposed Order
|
||
| Tuesday, March 11, 2025 | ||
| 31 | 31
1
pgs
order
Order ~Util - Set Deadlines
Tue 03/11 1:51 PM
ORDER: IT IS ORDERED that the parties file a joint status update on or before March 21, 2025, apprising the court of ability to move forward with the pending motions and trial date for the reasons stated in the attached. Signed by Judge James D Cain, Jr on 3/11/2025. (crt,Stewart, T) |
|
| Thursday, January 16, 2025 | ||
| 30 | 30
answer
Answer to Amended Complaint
Thu 01/16 1:48 PM
Amended ANSWER to29 Amended Complaint by Ross Stores Inc.(aty,Herrick, John) |
|
| Monday, December 23, 2024 | ||
| 29 | 29
4
pgs
cmp
Amended Complaint
Mon 12/23 3:19 PM
AMENDED COMPLAINT against Ross Stores Inc filed by Tyra Cook.(crt,Chavis, J) |
|
| 28 | 28
1
pgs
order
Order on Motion to Amend/Correct
Mon 12/23 3:16 PM
ORDER granting17 Motion to Amend/Correct. Signed by Magistrate Judge Thomas P LeBlanc on 12/23/2024. (crt,Chavis, J) |
|
| Thursday, December 05, 2024 | ||
| 27 | 27
order
Order 1 - Terminate Motion and R&R Deadlines/Hearings
Thu 12/05 5:32 PM
ELECTRONIC ORDER. In light of the25 Order on Motion to Continue, the 12/6/2024 22 Motion Hearing regarding the18 First MOTION to Compel Discovery Responses by Tyra Cook is TERMINATED. Signed by Magistrate Judge Thomas P LeBlanc on 12/5/2024. (crt,Crawford, Andrea). Signed by Magistrate Judge Thomas P LeBlanc on 12/5/2024. (crt,Crawford, Andrea) |
|
| Wednesday, November 13, 2024 | ||
| 26 | 26
order
Order on Motion to Continue
Wed 11/13 9:29 AM
ELECTRONIC ORDER mooting19 Motion to Continue. Same relief granted under preceding25 Order. Signed by Judge James D Cain, Jr on 11/13/2024. (crt,Higgins, M) |
|
| Tuesday, November 12, 2024 | ||
| 25 | 25
1
pgs
order
Order on Motion to Continue
Tue 11/12 11:08 AM
ORDER granting24 Motion to Continue. IT IS ORDERED that that Joint Motion To Continue Hearing On Motion For Summary Judgment And Motion To Compel be and is hereby GRANTED; and IT IS FURTHER ORDERED that the deadlines and hearings on the Motion for Summary Judgment and Motion to Compel are continued, and that if the parties determine that said motions need to be reset, the plaintiffs Motion to Compel will be set for hearing/submission no less than ninety (90) days before any hearing/submission date on the defendants Motion for Summary Judgment. Signed by Judge James D Cain, Jr on 11/12/2024. (crt,Chavis, J) |
|
| Thursday, November 07, 2024 | ||
| 24 | 24
motion
Continue
Thu 11/07 11:27 AM
MOTION to Continue Continue Hearings with consent by Ross Stores Inc. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 11/7/2024.(aty,Herrick, John). Added MOTION to Compel on 11/7/2024 (Chavis, J) |
|
|
Att: 1
Proposed order
|
||
|
utility
Motions Transferred
Thu 11/07 1:58 PM
Motions Transferred regarding24 MOTION to Continue Continue Hearings with consent. Motions referred to Judge James D Cain, Jr. (crt,Chavis, J) |
||
| Monday, November 04, 2024 | ||
| 23 | 23
order
Order ~Util - Set Motion and R&R Deadlines/Hearings
Mon 11/04 4:20 PM
ELECTRONIC ORDER re19 First MOTION to Continue Hearing on Motion For Summary Judgment with consent sought but not yet obtained filed by Tyra Cook: Responses due by 11/7/2024. Signed by Judge James D Cain, Jr on 11/4/2024. (crt,Higgins, M) |
|
| 22 | 22
order
~Util - Set Motion and R&R Deadlines/Hearings Order
Mon 11/04 10:27 AM
ELECTRONIC ORDER re Plaintiff's Motion to Compel Responses from Defendant in Regards to Plaintiff's Written Discovery and for Reimbursement of Costs and Attorney's Fees (doc.18 ), filed by Tyra Cook. The Court will conduct a hearing on the motion on 12/6/2024 at 01:30 PM in Lake Charles, Courtroom 3 before Magistrate Judge Thomas P LeBlanc. Signed by Magistrate Judge Thomas P LeBlanc on 11/4/2024. (crt,Crawford, Andrea) |
|
| Thursday, October 31, 2024 | ||
| 21 | 21
notice
Notice of Motion Setting
Fri 11/01 10:03 AM
NOTICE of Motion Setting regarding:18 First MOTION to Compel Discovery Responses MOTION for Attorney Fees. Motions referred to Magistrate Judge Thomas P LeBlanc. (crt,Chavis, J) |
|
| 20 | 20
27
pgs
respm
Memorandum in Opposition to Motion
Thu 10/31 5:04 PM
MEMORANDUM in Opposition re15 MOTION for Summary Judgment filed filed by Tyra Cook.(aty,Longmire, Lisa) |
|
|
Att: 1
Exhibit Exhibit 1,
|
||
|
Att: 2
Exhibit Exhibit 2,
|
||
|
Att: 3
Exhibit Exhibit 3
|
||
| 19 | 19
motion
Continue
Thu 10/31 4:58 PM
First MOTION to Continue Hearing on Motion For Summary Judgment with consent sought but not yet obtained by All Plaintiffs. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 10/31/2024.(aty,Longmire, Lisa) |
|
|
Att: 1
Memorandum / Brief Memo in Support M to Continue,
|
||
|
Att: 2
Affidavit Rule 56(d) Declaration,
|
||
|
Att: 3
Proposed order proposed order
|
||
| 18 | 18
motion
Compel
Thu 10/31 3:52 PM
First MOTION to Compel Discovery Responses by All Plaintiffs. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 10/31/2024.(aty,Longmire, Lisa) |
|
|
Att: 1
Memorandum / Brief Memo in support,
|
||
|
Att: 2
Certificate re efforts to resolve-LR 37.1 Rule 37.1 Certificate,
|
||
|
Att: 3
Proposed order proposed order,
|
||
|
Att: 4
Exhibit Exhibit A email serving dsc on Ross 9 12 2023,
|
||
|
Att: 5
Exhibit Exhibit B Interrogatories to Ross,
|
||
|
Att: 6
Exhibit Exhibit C Requests For Production to Ross,
|
||
|
Att: 7
Exhibit Exhibit D Ross responses Rogs and RFP,
|
||
|
Att: 8
Exhibit Exhibit E Ross supp 9 6 2024,
|
||
|
Att: 9
Exhibit Exhibit F Depo Dwight Towner Excerpts
|
||
|
utility
Motions Transferred
Fri 11/01 9:56 AM
Motions Transferred regarding19 First MOTION to Continue Hearing on Motion For Summary Judgment with consent sought but not yet obtained. Motions referred to Judge James D Cain, Jr. (crt,Chavis, J) |
||
| Wednesday, October 30, 2024 | ||
| 17 | 17
motion
Amend/Correct
Wed 10/30 3:44 PM
First MOTION to Amend/Correct with consent filed by All Plaintiffs. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 10/30/2024.(aty,Longmire, Lisa) |
|
|
Att: 1
Proposed pleading Plaintiff's First Amended Petition,
|
||
|
Att: 2
Proposed order Proposed Order on Motion to Amend
|
||
| Tuesday, October 15, 2024 | ||
| 16 | 16
notice
Notice of Motion Setting
Wed 10/16 9:55 AM
NOTICE of Motion Setting without oral argument regarding:15 MOTION for Summary Judgment . Motions referred to Judge James D Cain, Jr. Motion day set for 11/27/2024 before Judge James D Cain Jr. (crt,Chavis, J) |
|
|
utility
Manual Attachment Received
Tue 10/15 4:25 PM
MANUAL ATTACHMENT received from Christian B Bogart, John F Herrick on behalf of Ross Stores Inc regarding15 MOTION for Summary Judgment . The original manual attachments will be maintained in the division of the presiding judge, until expiration of appeal delays. (crt,Savoy, A) |
||
| Thursday, October 10, 2024 | ||
| 15 | 15
motion
Summary Judgment
Thu 10/10 1:59 PM
MOTION for Summary Judgment by Ross Stores Inc.(aty,Herrick, John) (Attachment 7 replaced on 10/10/2024) (Chavis, J). Modified on 10/10/2024 (Chavis, J) |
|
|
Att: 1
Proposed order order,
|
||
|
Att: 2
Statement of material facts STATEMENT,
|
||
|
Att: 3
Memorandum / Brief MEMORANDUM,
|
||
|
Att: 4
Exhibit A - Petition of Damages,
|
||
|
Att: 5
Exhibit B -Depo of Kaitlyn R.,
|
||
|
Att: 6
Exhibit C - Depo of Tyra C.,
|
||
|
Att: 7
Notice of Manual Attachment-Exhibit D - video,
|
||
|
Att: 8
Exhibit E - Depo of Dwight T.
|
||
| Monday, October 07, 2024 | ||
| 14 | 14
order
Scheduling Order - Cain/LeBlanc
Mon 10/07 1:48 PM
ELECTRONIC SCHEDULING ORDER Governing Pretrial Procedure: Jury Trial set for 3/16/2026 09:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. Pretrial Conference set for 2/25/2026 10:00 AM in chambers before Judge James D Cain Jr. Magistrate Judge Status Conference set for 12/16/2025 10:00 AM by telephone before Magistrate Judge Thomas P LeBlanc. Plaintiffs Expert Info/Reports due by 11/17/2025. Defendants Expert Info/Reports due by 12/1/2025. Amended Pleadings due by 11/17/2025. Dispositive Motions due by 12/16/2025. Daubert Motions due by 1/15/2026. Motions in Limine due by 1/15/2026. Compel discovery 1/15/2026. Deadline for filing motion for protective order is 2/17/2026. Pretrial statements due by 2/17/2026. Jury Charges/Verdict Form due by 3/2/2026. Electronic Exhibits due by 3/9/2026. Real Time glossary due by 3/9/2026. See attached Scheduling Order Addendum for additional pertinent information. Signed by Magistrate Judge Thomas P LeBlanc on 10/7/2024. (jud,LeBlanc, Thomas P) |
|
| Thursday, October 03, 2024 | ||
| 13 | 13
minutes
Scheduling Conference
Thu 10/03 11:45 AM
MINUTES for proceedings held before Magistrate Judge Thomas P LeBlanc: A SCHEDULING CONFERENCE was held on 10/3/2024. Participating by telephone were: Eulis Simien, Jr., for plaintiffs and John F. Herrick for defendant. A Jury Trial is set for 3/16/2026 at 09:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. A Pretrial Conference is set for 2/25/2026 at 10:00 AM in chambers before Judge James D Cain Jr. A Magistrate Judge Status Conference is set for 12/16/2025 at 10:00 AM by telephone before Magistrate Judge Thomas P LeBlanc. Counsel are to call into the Chambers Teleconference Line at 877-336-1274, Access Code 7066014, to participate in the MJSC. See separately docketed Scheduling Order and document linked thereto for additional deadlines and explanations of those deadlines. (jud,LeBlanc, Thomas P) |
|
| Tuesday, October 01, 2024 | ||
| 12 | 12
1
pgs
order
Order on Motion to Substitute Attorney
Tue 10/01 2:18 PM
ORDER granting11 Motion to Substitute Attorney. Added attorney Lisa Kothe Longmire for Tyra Cook,Lisa Kothe Longmire for Kaitlyn Robinson. Attorney Caleb Dulaney Brown terminated. Signed by Magistrate Judge Thomas P LeBlanc on 9/30/2024. (crt,Chavis, J) |
|
| Friday, September 27, 2024 | ||
| 11 | 11
motion
Substitute Attorney
Fri 09/27 11:16 AM
Unopposed MOTION to Substitute Attorney Lisa Longmire in place of Caleb Brown with consent by Tyra Cook. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 9/27/2024. (aty,Simien, Eulis) |
|
| 10 | 10
notice
Notice (Other)
Fri 09/27 9:54 AM
(FILED IN ERROR - DISCOVERY) NOTICE of Plaintiff's Initial Disclosures by Tyra Cook re9 Rule 26(f) Report (aty,Simien, Eulis) Modified on 9/27/2024 to indicate filed in error (Kiper, C) |
|
| Thursday, September 26, 2024 | ||
| 9 | 9
misc
Rule 26(f) Report
Thu 09/26 4:42 PM
Joint RULE 26(f) Report by Ross Stores Inc . (aty,Herrick, John) |
|
| Tuesday, July 23, 2024 | ||
| 8 | 8
1
pgs
order
Order Setting Scheduling Conference
Tue 07/23 2:13 PM
ORDER: Scheduling Conference set for 10/3/2024 at 11:30 AM by telephone before Magistrate Judge Thomas P LeBlanc. (Attachment: #1 Attachment to scheduling conference order)(crt,Stewart, T) |
|
| Friday, May 31, 2024 | ||
| 7 | 7
misc
Corporate Disclosure Statement
Fri 05/31 11:12 AM
CORPORATE DISCLOSURE STATEMENT by Ross Stores Inc identifying Corporate Parent Ross Stores, Inc. for Ross Stores Inc. (aty,Herrick, John) |
|
| Wednesday, May 29, 2024 | ||
| 6 | 6
notice
Notice (Other)
Wed 05/29 11:06 AM
NOTICE of Compliance with Removal Order by Ross Stores Inc re1 Notice of Removal,(aty,Herrick, John) |
|
|
Att: 1
Exhibit A - State Court Record
|
||
| Thursday, May 23, 2024 | ||
| 5 | 5
order
Removal Order
Thu 05/23 3:44 PM
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Thomas P LeBlanc on 5/23/2024. (crt,Chavis, J) |
|
| Tuesday, May 21, 2024 | ||
| 4 | 4
motion
Proposed Order (Court User Only/Public Entry No NEF)
Wed 05/22 9:08 AM
PROPOSED REMOVAL ORDER Referred to Magistrate Judge Thomas P LeBlanc. Motion Ripe Deadline set for 5/21/2024. (crt,Chavis, J) |
|
| 3 | 3
notice
Notice of Diversity Jurisdiction Disclosure Statement Requirement (Form Included)
Wed 05/22 9:06 AM
NOTICE of Diversity Jurisdiction Disclosure Statement Requirement sent to Caleb Edward Dulaney Brown, John F Herrick on behalf of Tyra Cook, Kaitlyn Robinson, Ross Stores Inc. Diversity Jurisdiction Disclosure Statement due by 6/4/2024. (crt,Chavis, J) |
|
| 2 | 2
notice
Notice of Corporate Disclosure Statement Requirement (Form Included)
Wed 05/22 9:04 AM
NOTICE of Corporate Disclosure Statement Requirement sent to John F Herrick on behalf of Ross Stores Inc. Corporate Disclosure Statement due by 6/4/2024. (crt,Chavis, J) |
|
| 1 | 1
cmp
Notice of Removal
Tue 05/21 3:23 PM
NOTICE of Removal from 14th JDC Calcasieu Parish, Case Number 2023-2642 (Filing fee $405, receipt number ALAWDC-5950967) filed by Ross Stores, Inc. d/b/a Ross Dress for Less Store.(Attorney John F Herrick added to party Ross Stores, Inc. d/b/a Ross Dress for Less Store(pty:dft))(aty,Herrick, John) |
|
|
Att: 1
Notice of Compliance,
|
||
|
Att: 2
Certificate of Service,
|
||
|
Att: 3
Civil cover sheet,
|
||
|
Att: 4
Exhibit A - State Court Record
|
||
|
answer
Answer to Complaint
Wed 05/22 8:59 AM
ANSWER to State Court Petition with Jury Demand by Ross Stores Inc. ADMINISTRATIVE ENTRY: The PDF image can be found in Attachment #4 to Doc1 Notice of Removal(crt,Chavis, J) |
||
|
utility
Case Assigned/Reassigned
Wed 05/22 9:02 AM
CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Thomas P LeBlanc. (crt,Chavis, J) |
||