Neely v. National Cart Company Incorporated et al

Federal Civil Lawsuit Arizona District Court, Case No. 3:17-cv-08235
District Judge Judge David G Campbell, presiding
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District Judge Judge David G Campbell
Last Updated July 28, 2025 at 4:41 AM EDT (6.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [727888E], Plaintiff

Represented by Carman Law Firm - Prescott, AZ

Name Phone Fax E-Mail
Space Andre E Carman acarman@carmanlf.com
Space Krista Michelle Carman kcarman@carmanlf.com

Represented by GALLAGHER & KENNEDY, PA

Name Phone Fax E-Mail
Space Shannon L Clark +1 602 530 8194 +1 602 530 8500 slc@gknet.com

Represented by Law Offices of John F Hedrich

Name Phone Fax E-Mail
Space John Francis Hedrich jfhedrich@hedrichlaw.net
v.
No Logo National Cart Company Incorporated, Defendant

Represented by Jones, Skelton & Hochuli, P.L.C.

Name Phone Fax E-Mail
Space Brandi Christine Blair +1 602 263 1786 +1 602 200 7808 bblair@jshfirm.com
Space Kevin Karl Broerman kbroerman@jshfirm.com

Represented by Sanders & Parks PC

Name Phone Fax E-Mail
Space Vincent Richard Miner +1 602 532 5609 vincent.miner@sandersparks.com
No Logo Wal-Mart Stores Incorporated, Defendant

Represented by Lewis Roca Rothgerber LLP

Name Phone Fax E-Mail
Space Craig W Phillips +1 602 262 5345 +1 602 734 3795 CPhillips@lrrlaw.com

Represented by Lewis, Brisbois, Bisgaard & Smith, LLP

Name Phone Fax E-Mail
Space Georgia Lily Hamann Georgia.Hamann@lewisbrisbois.com
No Logo Win-holt Equipment Corporation, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Anne Marie Orcutt

Represented by Sanders & Parks PC

Name Phone Fax E-Mail
Space Vincent Richard Miner +1 602 532 5609 vincent.miner@sandersparks.com
Space Jeffrey L. Smith, PHV jeffrey.smith@sandersparks.com
Attributes
Nature of Suit 365 - Personal Injury: Product Liability
Cause Section 28 U.S.C. § 1332 Diversity-Product Liability
Jurisdiction Diversity
Case Status closed
Jury Demand Both
Anonymization By SCALES
Timeline
  Entries (131) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 133 Filed: 1/3/2020, Entered: 1/3/2020
MINUTE ORDER: Civil Case Terminated per Court 132 Order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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Legal Document (Payment Possibly Required) 132 Filed: 12/2/2019, Entered: 12/2/2019 Court Filing
ORDER: The Court has been advised that this case has settled. Doc. 131 . This matter will, without further Order of this Court, be dismissed with prejudice within 30 days of the date of this order unless a stipulation to dismiss is filed prior to the dismissal date. All pending hearings and deadlines are vacated. All pending motions are found to be moot. The Clerk is directed to terminate this matter on January 2, 2020 without further leave of Court. Signed by Senior Judge David G Campbell on 12/2/2019. (SST)
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Legal Document (Payment Possibly Required) 131 Filed: 12/2/2019, Entered: 12/2/2019
NOTICE of Settlement by 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 130 Filed: 11/15/2019, Entered: 11/15/2019
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Georgia Lily Hamann. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 129 Filed: 10/30/2019, Entered: 10/30/2019
NOTICE of Service of Discovery filed by Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 128 Filed: 10/18/2019, Entered: 10/18/2019
NOTICE of Service of Discovery filed by Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 127 Filed: 10/3/2019, Entered: 10/3/2019
NOTICE of Errata re: 126 Notice of Service of Discovery and Notice of Service of Walmart Stores, Inc's Response to Plaintiff's Request for Production to Defendant Walmart Stores, Inc. Dated August 30, 2019 by Defendant Wal-Mart Stores Incorporated.. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 126 Filed: 10/3/2019, Entered: 10/3/2019
NOTICE of Service of Discovery filed by Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 125 Filed: 8/30/2019, Entered: 8/30/2019
NOTICE of Service of Discovery filed by 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 124 Filed: 8/21/2019, Entered: 8/21/2019 Court Filing
ORDER Setting Final Pretrial Conference and Trial re: 123 Telephone Conference. Signed by Senior Judge David G Campbell on 8/21/2019. (DGC, nvo)
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Blank 123 Filed: 8/20/2019, Entered: 8/20/2019 Court Filing
MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Conference held on 8/20/2019. A firm 8-day Jury Trial is set for 2/11/2020 at 09:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. A Final Pretrial Conference is set for 1/24/2020 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Daubert Motions are due 10/4/2019. Responses are due 10/25/2019. Replies are due 11/8/2019. Discussion is held regarding additional discovery. Order issued at Doc. 122. APPEARANCES: Telephonic appearance by Andrew Carman, Shannon Clark, John Hedrich for Plaintiff. Telephonic appearance by Kevin Broerman for Defendant National Cart Company Incorporated. Telephonic appearance by Georgia Hamann for Defendant Wal-Mart Stores Incorporated. Telephonic appearance by Jeffrey Smith for Defendant Win-Holt Equipment Corporation. (Court Reporter Linda Schroeder.) Hearing held 4:32 PM to 4:58 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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Blank 122 Filed: 8/20/2019, Entered: 8/20/2019 Court Filing
ORDER. During a conference call with the parties today, Plaintiff's counsel requested limited additional discovery on a new cart being used by Walmart. The parties indicated that the new cart came into use after the close of discovery in this case. Rule 16 provides that deadlines established in a case management order, including discovery deadlines, may "be modified only for good cause[.]" Fed.R.Civ.P. 16(b)(4). Good cause exists when a deadline "cannot reasonably be met despite the diligence of the party seeking the extension." Fed.R.Civ.P. 16 Advisory Comm.'s Notes (1983 Am.). The Court concludes that good cause exists in this case because Plaintiff could not, through reasonable diligence, have obtained discovery regarding the new cart before the discovery deadline. The requested evidence is potentially relevant under Rule 407, although the Court makes no determination of relevancy or admissibility now. The evidence will not be used to expand expert opinions in this case; those opinions have been disclosed and the Court will hold the parties to the directions in the Case Management Order. See Doc. 37 at 2-3. Plaintiff may serve the limited discovery requests proposed at Doc. 117-1. No further discovery is authorized. Signed by Senior Judge David G Campbell on 8-20-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Legal Document (Payment Possibly Required) 121 Filed: 8/13/2019, Entered: 8/13/2019
NOTICE of Attorney Substitution by Krista Michelle Carman. (Carman, Krista)
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Opinion 120 Filed: 8/5/2019, Entered: 8/5/2019 Court Filing
ORDER - IT IS ORDERED: 1. Defendants' motion for summary judgment (Doc. 100 ) is denied. 2. The pending motions to seal filed by National Cart Co. and Win-Holt Equipment Corporation (Docs. 102 , 114 , and 116 ) are granted, but Wal-Mart's motion to seal (Doc. 108 ) is denied. The Clerk is directed to accept for filing under seal the documents lodged on the Court's docket at Doc. 103 , Exhibits A and H to Doc. 106 , and Doc. 115 , keeping the existing document numbers. 3. The Court has set a telephone conference with the parties to set a final pretrial conference and trial date for August 20, 2019 at 4:30 p.m. Counsel for Plaintiff shall initiate a conference call to include all counsel and the Court. If a dial-in number is to be used, counsel for Plaintiff shall provide the dial-in number to all counsel and the court no later than August 21, 2019 at 12:00 noon. (See document for complete details). Signed by Senior Judge David G Campbell on 8/5/19. (SLQ)
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Sealed Legal Document 115 Filed: 8/5/2019, Entered: 5/31/2019
*SEALED Exhibits 1 and Exhibits 7 to Dkt. No. 113 Statement of Facts. Filed by National Cart Company Incorporated, Win-Holt Equipment Corporation. (Miner, Vincent) *Modified from lodged to filed per 120 ; NEF regenerated on 8/5/2019 (SLQ)/(SCH).
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Sealed Legal Document 103 Filed: 8/5/2019, Entered: 4/18/2019
*SEALED Unredacted Exhibit 4 to Dkt 101 . Filed by National Cart Company Incorporated, Win-Holt Equipment Corporation. (Miner, Vincent) *Modified to link to Motion to Seal on 4/19/2019 (SCH). Modified from lodged to filed per 120 ; NEF regenerated on 8/5/2019 (SLQ)/(SCH).
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Legal Document (Payment Possibly Required) 119 Filed: 8/2/2019, Entered: 8/2/2019
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Tenth Supplemental MIDP filed by Plaintiff 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 118 Filed: 8/1/2019, Entered: 8/1/2019 Court Filing
ORDER denying 117 Motion for Discovery. Signed by Senior Judge David G Campbell on 8/1/2019.(DGC, nvo)
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Legal Document (Payment Possibly Required) 117 Filed: 8/1/2019, Entered: 8/1/2019
* MOTION for Discovery Motion for Leave to Serve Limited Discovery Requests by 727888E. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Clark, Shannon) * Modified to remove ex parte designation on 8/2/2019 (LAD).
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Legal Document (Payment Possibly Required) 116 Filed: 7/16/2019, Entered: 7/16/2019
* MOTION to File Under Seal Exhibits A and H Filed by 727888E. (Attachments: # 1 Exhibit A, # 2 Exhibit H, # 3 Text of Proposed Order To File Under Seal)(Clark, Shannon) * Modified to SEAL Exhibits A and H per Operations Supervisor on 7/17/2019 (LAD).
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Legal Document (Payment Possibly Required) 114 Filed: 5/31/2019, Entered: 5/31/2019
MOTION to Seal Document 113 Statement of Facts by National Cart Company Incorporated, Win-Holt Equipment Corporation. (Attachments: # 1 Text of Proposed Order)(Miner, Vincent)
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Legal Document (Payment Possibly Required) 113 Filed: 5/31/2019, Entered: 5/31/2019
STATEMENT OF FACTS re: 112 Reply to Response to Motion by Defendants National Cart Company Incorporated, Win-Holt Equipment Corporation. (Attachments: # 1 Exhibit Index of Exhibits and Exhibits 1-8)(Miner, Vincent)
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Legal Document (Payment Possibly Required) 112 Filed: 5/31/2019, Entered: 5/31/2019
REPLY to Response to Motion re: 100 MOTION for Summary Judgment filed by National Cart Company Incorporated, Win-Holt Equipment Corporation. (Miner, Vincent)
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Legal Document (Payment Possibly Required) 111 Filed: 5/17/2019, Entered: 5/17/2019
STATEMENT OF FACTS Countervailing Statement of Facts and Response to Co-Defendants' Statement of Facts by Defendant Wal-Mart Stores Incorporated. (Attachments: # 1 Exhibit 1-11)(Hamann, Georgia)
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Legal Document (Payment Possibly Required) 110 Filed: 5/17/2019, Entered: 5/17/2019
RESPONSE to Motion re: 100 MOTION for Summary Judgment filed by Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Sealed Legal Document 109 Filed: 5/17/2019, Entered: 5/17/2019
*Not filed per 120 * SEALED LODGED Proposed Exhibits 1, 6, 7 and 9 to be Filed Under Seal re: 108 MOTION to Seal Document Motion to File Exhibits Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Wal-Mart Stores Incorporated. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 9)(Hamann, Georgia) Modified on 8/5/2019 (SLQ).
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Legal Document (Payment Possibly Required) 108 Filed: 5/17/2019, Entered: 5/17/2019
MOTION to Seal Document Motion to File Exhibits Under Seal by Wal-Mart Stores Incorporated. (Attachments: # 1 Text of Proposed Order)(Hamann, Georgia)
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Blank 107 Filed: 5/16/2019, Entered: 5/17/2019
NOTICE TO FILER OF DEFICIENCY re: 106 Statement of Facts filed by 727888E, 105 Response to Motion for Summary Judgment filed by 727888E. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
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Sealed Legal Document 106 Filed: 5/16/2019, Entered: 5/16/2019
*STATEMENT OF FACTS With Exhibits A and H Filed Under Seal Pursuant to Doc.44 Protective Order by Plaintiff 727888E. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Clark, Shannon) *Document not in compliance with LRCiv 7.1(c). Attorney noticed on 5/17/2019 (RMV).
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Legal Document (Payment Possibly Required) 105 Filed: 5/16/2019, Entered: 5/16/2019
*RESPONSE to Motion re: 100 MOTION for Summary Judgment filed by 727888E. (Clark, Shannon) *Document not in compliance with LRCiv 7.1(c). Attorney noticed on 5/17/2019 (RMV).
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Legal Document (Payment Possibly Required) 104 Filed: 4/30/2019, Entered: 4/30/2019
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 102 Filed: 4/18/2019, Entered: 4/18/2019
MOTION to Seal Document 101 Statement of Facts Exhibit 4 by National Cart Company Incorporated, Win-Holt Equipment Corporation. (Attachments: # 1 Text of Proposed Order Proposed Order)(Miner, Vincent)
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Legal Document (Payment Possibly Required) 101 Filed: 4/17/2019, Entered: 4/17/2019
STATEMENT OF FACTS re: 100 MOTION for Summary Judgment by Defendants National Cart Company Incorporated, Win-Holt Equipment Corporation. (Attachments: # 1 Exhibit Index of Exhibits and Exhibits 1-6)(Miner, Vincent)
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Legal Document (Payment Possibly Required) 100 Filed: 4/17/2019, Entered: 4/17/2019
MOTION for Summary Judgment by National Cart Company Incorporated, Win-Holt Equipment Corporation. (Miner, Vincent)
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Legal Document (Payment Possibly Required) 99 Filed: 3/28/2019, Entered: 3/28/2019
NOTICE re: Notice of Service of Notices of Deposition of Joseph G. Leane and Manuel A. Forero Rueda by Wal-Mart Stores Incorporated . (Hamann, Georgia)
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Blank 98 Filed: 2/26/2019, Entered: 2/26/2019 Court Filing
MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Hearing held on 2/26/2019. Discussion held re: Motions for Summary Judgment. As set forth on the record, Defendants will file their Motions for Summary Judgment by 4/26/2019 and collaborate briefing to the extent possible; and with the Court's permission, incorporate by reference the argument of the opposing side. The Court finds the page limit of 17 pages for Motions and Responses, 11 pages for Replies, and 10 pages for Statement of Facts are sufficient. APPEARANCES: Shannon Clark, John Hedrich and Kirsta Carman for Plaintiff. Kevin Broerman for Defendant National Cart Company Inc. Jeffrey Smith for Defendant Win-Holt Equipment Corporation. Georgia Hamann for Wal-Mart Stores Inc. (Court Reporter Christine Coaly.) Hearing held 4:30 PM to 4:43 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Legal Document (Payment Possibly Required) 97 Filed: 2/22/2019, Entered: 2/22/2019
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Fifth) filed by Defendant Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 96 Filed: 2/21/2019, Entered: 2/21/2019
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Ninth Supplemental filed by Plaintiff 727888E. (Clark, Shannon)
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Blank 95 Filed: 2/14/2019, Entered: 2/14/2019 Court Filing
ORDER: A Telephonic Conference is set for 2/26/2019 at 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell.Counsel for Plaintiff shall initiate a telephone conference to include counsel for all parties and the Court. If a dial-in number is to be used, counsel for Plaintiff shall provide the dial-in number to counsel for all parties and the Court no later than 12:00 noon on 2/25/2019. Ordered by Senior Judge David G. Campbell on 2/14/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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Legal Document (Payment Possibly Required) 94 Filed: 2/14/2019, Entered: 2/14/2019
NOTICE re: Notice of Filing Letters Regarding Anticpated Motions for Summary Judgment and Responses Thereto by Win-Holt Equipment Corporation re: 37 Scheduling Order . (Attachments: # 1 Exhibit Index of Exhibits and Exhibits A-D)(Miner, Vincent)
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Legal Document (Payment Possibly Required) 93 Filed: 1/28/2019, Entered: 1/28/2019
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Expert Disclosure filed by Defendant National Cart Company Incorporated. (Broerman, Kevin)
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Legal Document (Payment Possibly Required) 92 Filed: 1/25/2019, Entered: 1/25/2019
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Fourth) filed by Defendant Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 91 Filed: 1/25/2019, Entered: 1/25/2019
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Win-Holt Equipment Corporation. (Miner, Vincent)
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Legal Document (Payment Possibly Required) 90 Filed: 1/14/2019, Entered: 1/14/2019
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Eighth) filed by Plaintiff 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 89 Filed: 1/11/2019, Entered: 1/11/2019
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Second and Third) filed by Defendant Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 88 Filed: 1/11/2019, Entered: 1/11/2019
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Win-Holt Equipment Corporation. (Smith, Jeffrey)
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Legal Document (Payment Possibly Required) 87 Filed: 1/9/2019, Entered: 1/9/2019
NOTICE re: Notice of Independent Medical Examination for Plaintiff 727888E by Wal-Mart Stores Incorporated . (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 86 Filed: 12/14/2018, Entered: 12/14/2018
*NOTICE of Service of Supplemental Mandatory Initial Discovery Responses filed by 727888E. (Clark, Shannon) *Modified on 12/17/2018 to correct event type for case management and statistical purposes. (MSA).
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Blank 85 Filed: 11/30/2018, Entered: 11/30/2018
NOTICE TO FILER OF DEFICIENCY re: 84 Notice of Service of Discovery filed by 727888E, 83 Notice of Service of Responses to Mandatory Initial Discovery filed by Wal-Mart Stores Incorporated. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA)
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Legal Document (Payment Possibly Required) 84 Filed: 11/30/2018, Entered: 11/30/2018
NOTICE of Service of Discovery filed by 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 83 Filed: 11/29/2018, Entered: 11/29/2018
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) to National Cart Co.'s Request for Admission, Request for Production, and Non-Uniform Interrogatoris Dated October 30, 2018 filed by Defendant Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Blank 82 Filed: 11/26/2018, Entered: 11/26/2018
NOTICE TO FILER OF DEFICIENCY re: 81 Notice of Service of Supplemental Mandatory Initial Discovery Responses filed by 727888E. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA)
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Legal Document (Payment Possibly Required) 81 Filed: 11/21/2018, Entered: 11/21/2018
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Plaintiffs Sixth Supplemental MIDP filed by Plaintiff 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 80 Filed: 11/16/2018, Entered: 11/16/2018
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (First) filed by Defendant Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 79 Filed: 11/16/2018, Entered: 11/16/2018
*Notice of Attorney Substitution Vincent R. Miner appearing for Win-Holt Equipment Corporation. Attorney Anne Marie Orcutt terminated. . (Miner, Vincent) *Modified on 11/19/2018 to correct event type (MSA).
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Legal Document (Payment Possibly Required) 78 Filed: 11/6/2018, Entered: 11/6/2018
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Fifth filed by Plaintiff 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 77 Filed: 10/30/2018, Entered: 10/30/2018
NOTICE of Service of Discovery filed by National Cart Company Incorporated. (Broerman, Kevin)
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Legal Document (Payment Possibly Required) 76 Filed: 10/30/2018, Entered: 10/30/2018
NOTICE of Service of Discovery filed by 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 75 Filed: 10/25/2018, Entered: 10/25/2018
NOTICE of Deposition of Wal-Mart 30(b)(6) Designee, filed by 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 74 Filed: 10/9/2018, Entered: 10/9/2018 Court Filing
ORDER granting 73 Motion for Extension of Time Deadline. Dispositive motions due by 4/26/2019. Signed by Senior Judge David G Campbell on 10/9/2018.(DGC, nvo)
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Legal Document (Payment Possibly Required) 73 Filed: 10/5/2018, Entered: 10/5/2018
* JOINT MOTION to Extend Certain Deadlines filed by Plaintiff 727888E. (Attachments: # 1 Text of Proposed Order)(Clark, Shannon) * Modified to correct event; attorney noticed on 10/5/2018 (LAD).
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Legal Document (Payment Possibly Required) 72 Filed: 9/27/2018, Entered: 9/27/2018
NOTICE re: Notice of Service of Notices of Deposition of Randy Berryman and Vince Rock by Wal-Mart Stores Incorporated . (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 71 Filed: 9/21/2018, Entered: 9/21/2018
* NOTICE of Service of Notices of Desposition of Randy Berryman and Vince Huera, filed by Wal-Mart Stores Incorporated. (Hamann, Georgia) * Modified to correct event; attorney noticed on 9/24/2018 (LAD).
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Legal Document (Payment Possibly Required) 70 Filed: 9/21/2018, Entered: 9/21/2018
* NOTICE of Service of Notice of Deposition of Richard Savage filed by Plaintiff 727888E. (Clark, Shannon) * Modified to correct event; attorney noticed on 9/24/2018 (LAD).
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Legal Document (Payment Possibly Required) 69 Filed: 9/21/2018, Entered: 9/21/2018
* NOTICE of Service of Notice of Deposition of Dean Ford filed by Plaintiff 727888E. (Clark, Shannon) * Modified to correct event; attorney noticed on 9/24/2018 (LAD).
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Legal Document (Payment Possibly Required) 68 Filed: 9/13/2018, Entered: 9/13/2018
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Fourth Supplemental filed by Plaintiff 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 67 Filed: 9/10/2018, Entered: 9/10/2018
NOTICE of Service of Discovery filed by Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 66 Filed: 9/7/2018, Entered: 9/7/2018
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Win-Holt Equipment Corporation. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 65 Filed: 8/31/2018, Entered: 8/31/2018
NOTICE of Service of Discovery filed by Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 64 Filed: 7/24/2018, Entered: 7/24/2018
NOTICE of Service of Discovery filed by Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 63 Filed: 7/12/2018, Entered: 7/12/2018
NOTICE of Service of Discovery filed by Win-Holt Equipment Corporation. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 62 Filed: 7/11/2018, Entered: 7/11/2018
NOTICE of Deposition of 727888E, filed by Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 61 Filed: 7/10/2018, Entered: 7/10/2018
NOTICE of Service of Discovery filed by 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 60 Filed: 7/9/2018, Entered: 7/9/2018
NOTICE of Service of Discovery filed by National Cart Company Incorporated. (Broerman, Kevin)
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Legal Document (Payment Possibly Required) 59 Filed: 6/25/2018, Entered: 6/25/2018
NOTICE of Service of Discovery filed by Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 58 Filed: 5/21/2018, Entered: 5/21/2018
*NOTICE of Service of Discovery filed by Plaintiff 727888E. (Clark, Shannon) *Modified to correct event on 5/22/2018 (DXD).
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Legal Document (Payment Possibly Required) 57 Filed: 5/21/2018, Entered: 5/21/2018
*NOTICE of Service of Discovery filed by Plaintiff 727888E. (Clark, Shannon) *Modified to correct event on 5/22/2018 (DXD).
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Legal Document (Payment Possibly Required) 56 Filed: 5/17/2018, Entered: 5/17/2018
NOTICE re: of Non-Party at Fault by Win-Holt Equipment Corporation . (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 55 Filed: 5/15/2018, Entered: 5/15/2018
NOTICE re: Notice of Non-Party at Fault by Wal-Mart Stores Incorporated . (Hamann, Georgia)
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Blank 54 Filed: 5/10/2018, Entered: 5/11/2018
NOTICE TO FILER OF DEFICIENCY re: 53 Notice of Service of Discovery. Document not in compliance with LRCiv 7.1(a)(3) - Forms of Papers. Please note for future filings; Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD)
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Legal Document (Payment Possibly Required) 53 Filed: 5/10/2018, Entered: 5/10/2018
NOTICE of Service of Discovery filed by Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 52 Filed: 5/9/2018, Entered: 5/9/2018
NOTICE of Service of Discovery filed by Win-Holt Equipment Corporation. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 51 Filed: 5/8/2018, Entered: 5/8/2018
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Win-Holt Equipment Corporation. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 50 Filed: 5/2/2018, Entered: 5/2/2018
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Third Supplemental filed by Plaintiff 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 49 Filed: 4/26/2018, Entered: 4/26/2018
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Notice of Service of Plaintiff's Second Supplemental Response to MIDP Discovery Requests filed by Plaintiff 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 48 Filed: 4/24/2018, Entered: 4/24/2018
Corporate Disclosure Statement by National Cart Company Incorporated. (Broerman, Kevin)
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Legal Document (Payment Possibly Required) 47 Filed: 4/24/2018, Entered: 4/24/2018
NOTICE of Service of Discovery filed by 727888E. (Carman, Krista)
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Blank 46 Filed: 4/13/2018, Entered: 4/13/2018
NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to National Cart Company Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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Legal Document (Payment Possibly Required) 45 Filed: 4/13/2018, Entered: 4/13/2018
*NOTICE of Service of Discovery Plaintiff's Responses to Defendan Win-Holt's NUIs & RFPs filed by Plaintiff 727888E. (Clark, Shannon) *Modified to correct event on 4/16/2018 (DXD).
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Legal Document (Payment Possibly Required) 44 Filed: 4/5/2018, Entered: 4/5/2018 Court Filing
ORDER pursuant to 42 Stipulation: PROTECTIVE ORDER. Signed by Judge David G Campbell on 4/5/2018. (DGC, nvo)
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Legal Document (Payment Possibly Required) 43 Filed: 3/29/2018, Entered: 3/29/2018
NOTICE re: Notice of Site/Cart Inspection by 727888E . (Clark, Shannon)
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Legal Document (Payment Possibly Required) 42 Filed: 3/27/2018, Entered: 3/27/2018
*STIPULATION for Entry of Protective Order by Wal-Mart Stores Incorporated. (Attachments: # 1 Text of Proposed Order Proposed Order)(Hamann, Georgia) Modified to reflect that document is not in compliance with LRCiv 7.1(c). Attorney notified on 3/27/2018 (KAS).
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Legal Document (Payment Possibly Required) 41 Filed: 3/22/2018, Entered: 3/22/2018
*NOTICE of Service of Discovery Plaintiff's Consolidated Non-Uniform Interrogatories & Request for Production to Defendant Wal-Mart filed by Plaintiff 727888E. (Clark, Shannon) *Modified to correct event on 3/23/2018 (DXD).
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Legal Document (Payment Possibly Required) 40 Filed: 3/22/2018, Entered: 3/22/2018
NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) First Supplemental filed by Plaintiff 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 39 Filed: 3/22/2018, Entered: 3/22/2018
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant National Cart Company Incorporated. (Broerman, Kevin)
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Legal Document (Payment Possibly Required) 38 Filed: 3/15/2018, Entered: 3/15/2018
NOTICE of Service of Discovery filed by Win-Holt Equipment Corporation. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 37 Filed: 3/5/2018, Entered: 3/5/2018 Court Filing
CASE MANAGEMENT ORDER: Discovery due by 12/14/2018. Dispositive motions due by 3/29/2019. Signed by Judge David G Campbell on 3/2/2018. (See order for additional deadlines)(TCA)
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Blank 36 Filed: 3/1/2018, Entered: 3/1/2018 Court Filing
MINUTE ENTRY for proceedings held before Judge David G Campbell: Scheduling Conference held on 3/1/2018. Discussion held. Deadlines discussed. Court will enter a case management order. APPEARANCES: Shannon Clark and John Hedrich for Plaintiff. Brandi Blair and Kevin Broerman for Defendant National Cart Company Inc. Jeffrey Smith for Defendant Win-Holt Equipment Corp.Georgia Hamann for Defendant Wal-Mart Stores Inc. (Court Reporter Patricia Lyons.) Hearing held 4:31 PM to 4:50 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA)
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Legal Document (Payment Possibly Required) 35 Filed: 3/1/2018, Entered: 3/1/2018
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Win-Holt Equipment Corporation. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 34 Filed: 3/1/2018, Entered: 3/1/2018
NOTICE of Appearance by Georgia Lily Hamann on behalf of Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 33 Filed: 3/1/2018, Entered: 3/1/2018
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Wal-Mart Stores Incorporated. (Hamann, Georgia)
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Legal Document (Payment Possibly Required) 32 Filed: 2/22/2018, Entered: 2/22/2018
Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Joint Case Management Report filed by Plaintiff 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 31 Filed: 2/22/2018, Entered: 2/22/2018
NOTICE of Appearance by Kevin Karl Broerman on behalf of National Cart Company Incorporated. (Broerman, Kevin)
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Legal Document (Payment Possibly Required) 30 Filed: 2/12/2018, Entered: 2/12/2018
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff 727888E. (Clark, Shannon)
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Legal Document (Payment Possibly Required) 29 Filed: 2/6/2018, Entered: 2/6/2018
DEFENDANT'S DEMAND for Jury Trial by National Cart Company Incorporated. (Blair, Brandi)
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Legal Document (Payment Possibly Required) 28 Filed: 2/6/2018, Entered: 2/6/2018
ANSWER to 1 Complaint with Jury Demand by National Cart Company Incorporated.(Blair, Brandi)
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Legal Document (Payment Possibly Required) 27 Filed: 1/30/2018, Entered: 1/30/2018
Corporate Disclosure Statement by Win-Holt Equipment Corporation. (Smith, Jeffrey)
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Legal Document (Payment Possibly Required) 26 Filed: 1/30/2018, Entered: 1/30/2018
DEFENDANT'S DEMAND for Jury Trial by Win-Holt Equipment Corporation. (Smith, Jeffrey)
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Legal Document (Payment Possibly Required) 25 Filed: 1/30/2018, Entered: 1/30/2018
ANSWER to 1 Complaint by Win-Holt Equipment Corporation.(Smith, Jeffrey)
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Blank 24 Filed: 1/26/2018, Entered: 1/29/2018 Court Filing
Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
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Legal Document (Payment Possibly Required) 22 Filed: 1/24/2018, Entered: 1/24/2018 Court Filing
ORDER. Rule 16 Case Management Conference set for 3/1/2018 at 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 1/24/2018. (DGC, nvo)
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Blank 21 Filed: 1/24/2018, Entered: 1/24/2018 Court Filing
MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge David G. Campbell. All further pleadings/papers should now list the following COMPLETE case number: CV-8235-PCT-DGC. FURTHER ORDERED that the Scheduling Conference set before Judge David K. Duncan on 3/5/18 at 10:00 AM is now RESET before Judge David G. Campbell, unless otherwise ordered by the Court. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
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Legal Document (Payment Possibly Required) 19 Filed: 1/24/2018, Entered: 1/24/2018 Court Filing
ORDER granting a one-time extension of time until 1/30/18 to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. The parties should be aware that the filing of a motion to dismiss under Rule 12(b)(6) will not postpone the time for compliance with the MIDP. General Order 17-08 provides that compliance may be deferred only for motions to dismiss based on lack of subject-matter jurisdiction, lack of personal jurisdiction, sovereign immunity, or absolute or qualified immunity of a public official. No further extensions will be granted. Signed by Magistrate Judge David K Duncan on 1/24/18. (DXD)
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Blank 20 Filed: 1/23/2018, Entered: 1/24/2018 Court Filing
Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
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Legal Document (Payment Possibly Required) 17 Filed: 1/22/2018, Entered: 1/23/2018
Magistrate Election Form Deadline as to Win-Holt Equipment Corp. (Attachments: # 1 Consent Form)(MAP)
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Legal Document (Payment Possibly Required) 16 Filed: 1/22/2018, Entered: 1/22/2018
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Win-Holt Equipment Corporation. (Attachments: # 1 Text of Proposed Order)(Smith, Jeffrey)
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Legal Document (Payment Possibly Required) 15 Filed: 1/22/2018, Entered: 1/22/2018
NOTICE of Appearance by Jeffrey Lincoln Smith on behalf of Win-Holt Equipment Corporation. (Smith, Jeffrey)
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Legal Document (Payment Possibly Required) 14 Filed: 1/17/2018, Entered: 1/17/2018 Court Filing
ORDER - Case Management Conference set for 3/5/2018 at 10:00 AM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K Duncan. Granting Plaintiff's Motion for Extension (Doc. 10 ). Defendant National Cart Co., Inc. shall Answer or otherwise respond to Plaintiff's Complaint no later than 2/6/2018. See Order for further details. Signed by Magistrate Judge David K Duncan on 1/17/18. (DXD)
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Legal Document (Payment Possibly Required) 13 Filed: 1/11/2018, Entered: 1/12/2018
Magistrate Election Form Deadline set as to Wal-Mart Stores Incorporated. (Attachments: # 1 Consent Form)(MAP)
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Legal Document (Payment Possibly Required) 12 Filed: 1/11/2018, Entered: 1/11/2018
Corporate Disclosure Statement by Wal-Mart Stores Incorporated. (Phillips, Craig)
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Legal Document (Payment Possibly Required) 11 Filed: 1/11/2018, Entered: 1/11/2018
ANSWER to 1 Complaint with Jury Demand by Wal-Mart Stores Incorporated.(Phillips, Craig)
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Legal Document (Payment Possibly Required) 10 Filed: 1/11/2018, Entered: 1/11/2018
MOTION for Extension of Time to File Answer re: 1 Complaint by 727888E. (Attachments: # 1 Text of Proposed Order)(Clark, Shannon)
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Blank 9 Filed: 12/14/2017, Entered: 12/14/2017
MINUTE ORDER: That counsel having complied with this Court's Order, the Order to Show Cause Hearing scheduled for January 8, 2018 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
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Blank 8 Filed: 12/13/2017, Entered: 12/14/2017 Court Filing
Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
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Legal Document (Payment Possibly Required) 6 Filed: 12/6/2017, Entered: 12/6/2017 Court Filing
Order that 727888E show cause for failure to comply with LRCiv 3.7(b) before Judge G Murray Snow. Show Cause Hearing set for 1/8/2018 at 09:00 AM before Judge G Murray Snow. (Attachments: # 1 Instructions, # 2 Consent Form)(MAP)
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Blank  Filed: 11/16/2017, Entered: 11/16/2017
Remark: Pro hac vice motion granted for John F Hedrich on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Legal Document (Payment Possibly Required) 5 Filed: 11/9/2017, Entered: 11/9/2017
Summons Issued as to National Cart Company Incorporated, Wal-Mart Stores Incorporated, Win-Holt Equipment Corporation. (Attachments: # 1 Summons, # 2 Summons)(LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (3 total)
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Legal Document (Payment Possibly Required) 4 Filed: 11/9/2017, Entered: 11/9/2017
Filing fee paid, receipt number 0970-14850996. This case has been assigned to the Honorable David K Duncan. All future pleadings or documents should bear the correct case number: CV-17-08235-PCT-DKD. Magistrate Election form attached. (Attachments: # 1 Instructions) (LAD)
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Legal Document (Payment Possibly Required) 3 Filed: 11/9/2017, Entered: 11/9/2017
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (LAD)
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Legal Document (Payment Possibly Required) 2 Filed: 11/9/2017, Entered: 11/9/2017
SUMMONS Submitted by 727888E. (Submitted by Shannon Clark) (Attachments: # 1 Summons, # 2 Summons) (LAD)
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Legal Document (Payment Possibly Required) 1 Filed: 11/9/2017, Entered: 11/9/2017
COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-14850996 filed by 727888E. (Submitted by Shannon Clark) (Attachments: # 1 Civil Cover Sheet) (LAD)
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