Michigan Eastern District Court
Judge:Judith E Levy
Referred: Curtis Ivy, Jr
Case #: 5:23-cv-12633
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1446 Petition for Removal
Case Filed:Oct 18, 2023
Terminated:Dec 20, 2024
Last checked: Monday Apr 15, 2024 4:45 AM EDT
Defendant
Wal-Mart Stores East, LP
Represented By
John Clarence Cusmano
Zausmer, P.C.
contact info
Nicole M. Wright
Zausmer, P.C.
contact info
Kelley Keller
Susman Godfrey LLP
contact info
Plaintiff
Hieu Trung Le
Represented By
Brian L. Fantich
Law Office Of Michael G. Kelman, P. C.
contact info
TERMINATED PARTIES
Defendant
Walmart Inc.
Terminated: 10/30/2023
Represented By
Nicole M. Wright
Zausmer, P.C.
contact info
Kelley Keller
Susman Godfrey LLP
contact info
Plaintiff
Van Phuc Le
Terminated: 04/08/2024
Individually and as Next Friend of H.T.L., a minor Law Office Kelman & Fantich 30903 Northwestern Highway Suite 270
Farmington Hills, MI 48334
Represented By
Brian L. Fantich
Law Office Of Michael G. Kelman, P. C.
contact info


Docket last updated: 9 hours ago
Friday, January 17, 2025
31 31 appeal Certificate of Service of Notice of Appeal - 6th Circuit* Fri 01/17 12:14 PM
Certificate of Service re30 Notice of Appeal. (CShr)
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Wednesday, January 15, 2025
30 30 appeal Notice of Appeal - 6th Circuit Wed 01/15 3:18 PM
NOTICE OF APPEAL by All Plaintiffs re27 Order on Motion for Summary Judgment,28 Judgment. Receipt No: AMIEDC-10081187 - Fee: $ 605 - Fee Status: Fee Paid. (Fantich, Brian)
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Wednesday, January 08, 2025
29 29 misc Transcript Wed 01/08 1:30 PM
TRANSCRIPT of Motion Hearing held on December 19, 2024. (Court Reporter: Darlene K. May) (Number of Pages: 52) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/29/2025. Redacted Transcript Deadline set for 2/10/2025. Release of Transcript Restriction set for 4/8/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D)
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Friday, December 20, 2024
28 28 order Judgment* Fri 12/20 3:49 PM
JUDGMENT, Signed by District Judge Judith E. Levy. (WBar)
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27 27 2 pgs order Order on Motion for Summary Judgment Fri 12/20 3:48 PM
ORDER granting19 Motion for Summary Judgment. Signed by District Judge Judith E. Levy. (WBar)
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Thursday, December 19, 2024
minutes Motion Hearing Thu 12/19 5:00 PM
Minute Entry for in-person proceedings before District Judge Judith E. Levy: Motion Hearing held on 12/19/2024 re19 MOTION for Summary Judgment; Disposition: Motion granted (Court Reporter: Darlene May) (WBar)
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Monday, December 09, 2024
26 26 respm Reply to Response to Motion Mon 12/09 6:08 PM
REPLY to Response re19 MOTION for Summary Judgment filed by All Defendants. (Wright, Nicole)
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Monday, November 25, 2024
25 25 minutes ~Util - Set Motion and R&R Deadlines/Hearings Stipulation and Order Mon 11/25 2:50 PM
STIPULATED ORDER Extending Time to file Reply in Support of19 MOTION for Summary Judgment; Reply due by 12/9/2024, Signed by District Judge Judith E. Levy. (WBar)
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Tuesday, November 19, 2024
24 24 respm Response to Motion Tue 11/19 11:58 AM
RESPONSE to19 MOTION for Summary Judgment Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment filed by All Plaintiffs. (Fantich, Brian)
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Att: 1 Exhibit Exhibits 1-7,
Att: 2 Exhibit Exhibits 8-18
Wednesday, October 16, 2024
23 23 notice Notice - Other Wed 10/16 12:22 PM
NOTICE by Hieu Trung Le (Fantich, Brian)
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22 22 minutes ~Util - Set Motion and R&R Deadlines/Hearings Stipulation and Order Wed 10/16 10:20 AM
STIPULATED ORDER Extending Time to Respond to19 MOTION for Summary Judgment; Response due by 11/19/2024, Signed by District Judge Judith E. Levy. (WBar)
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Friday, September 13, 2024
21 21 minutes ~Util - Set Motion and R&R Deadlines/Hearings Stipulation and Order Fri 09/13 2:50 PM
STIPULATED ORDER Extending Time to Respond to19 MOTION for Summary Judgment; Response due by 10/24/2024, Signed by District Judge Judith E. Levy. (WBar)
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Tuesday, September 03, 2024
20 20 notice Hearing on Motion* Tue 09/03 1:36 PM
NOTICE OF IN PERSON HEARING on19 MOTION for Summary Judgment . Motion Hearing set for 12/19/2024 03:00 PM before District Judge Judith E. Levy (WBar)
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Monday, August 26, 2024
19 19 motion Summary Judgment Mon 08/26 8:08 PM
MOTION for Summary Judgment by Wal-Mart Stores East, LP. (Wright, Nicole)
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Att: 1 Index of Exhibits,
Att: 2 Exhibit 1, Excerpts from the Deposition of Plaintiff Hieu Trung Le (Day 1), taken March 22, 2024, with Exhibits 3 & 5,
Att: 3 Exhibit 2, Excerpts from the Deposition of Plaintiff Hieu Trung Le (Day 2), taken August 22, 2024,
Att: 4 Exhibit 3, Excerpts from the Deposition of Darren Rose, taken July 19, 2024, with exhibits 1 & 4,
Att: 5 Exhibit 4, Excerpts from the Deposition of Det. Dale Rauch, taken May 6, 2024,
Att: 6 Exhibit 5, City of Fenton, Mich. Case Report (pages 1-8),
Att: 7 Exhibit 6, Excerpts from the Deposition of Matthew Beaudry, taken July 19, 2024,
Att: 8 Exhibit 7, Excerpts from the Deposition of Tabitha Meyers, taken May 6, 2024,
Att: 9 Exhibit 8, Report of Plaintiffs' expert Timothy P. Robbins, dated July 14, 2023
Thursday, May 23, 2024
18 18 notice Appearance Thu 05/23 7:43 AM
NOTICE of Appearance by Barbara Graham on behalf of Wal-Mart Stores East, LP. (Graham, Barbara)
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17 17 misc Attorney Appearance Thu 05/23 7:40 AM
ATTORNEY APPEARANCE: Carra J Stoller appearing on behalf of All Plaintiffs (Stoller, Carra)
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16 16 misc Attorney Appearance Thu 05/23 7:34 AM
ATTORNEY APPEARANCE: Adam J. Gantz appearing on behalf of All Plaintiffs (Gantz, Adam)
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Monday, April 08, 2024
15 15 order Stipulation and Order Mon 04/08 11:39 AM
STIPULATED ORDER to remove next friend and amend caption. Signed by District Judge Judith E. Levy. (DPer)
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14 14 order Stipulation and Order Mon 04/08 11:36 AM
STIPULATED ORDER Adjourning Defendant's Expert Disclosure Due Date, Signed by District Judge Judith E. Levy. (WBar)
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Wednesday, April 03, 2024
13 13 trial Witness List Wed 04/03 3:38 PM
Lay WITNESS LIST by Wal-Mart Stores East, LP (Cusmano, John)
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Friday, March 22, 2024
12 12 notice Appearance Fri 03/22 9:50 AM
NOTICE of Appearance by Kelley Keller on behalf of Wal-Mart Stores East, LP, Walmart Inc.. (Keller, Kelley)
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Wednesday, March 13, 2024
11 11 trial Witness List Wed 03/13 2:23 PM
Le, Van Phuc WITNESS LIST by All Plaintiffs (Fantich, Brian)
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Friday, January 05, 2024
10 10 notice Non-Party Fault Fri 01/05 10:05 AM
NOTICE of Non-Party Fault by Wal-Mart Stores East, LP (Cusmano, John)
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Monday, December 18, 2023
9 9 order Scheduling Order Mon 12/18 12:48 PM
SCHEDULING ORDER: Dispositive Motion Cut-off set for 8/26/2024 Final Pretrial Conference set for 2/10/2025 10:30 AM before District Judge Judith E. Levy Jury Trial set for 2/25/2025 08:30 AM before District Judge Judith E. Levy Signed by District Judge Judith E. Levy. Related [+] (WBar)
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Tuesday, December 12, 2023
minutes Scheduling Conference Tue 12/12 4:20 PM
Minute Entry for remote proceedings before District Judge Judith E. Levy: Scheduling Conference held on 12/12/2023 (Court Reporter: None Present, Not on the Record) (WBar)
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Monday, December 04, 2023
8 8 misc Discovery Plan - Rule 26f Mon 12/04 9:49 AM
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Wright, Nicole)
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Friday, November 03, 2023
7 7 misc Affirmative Defenses Fri 11/03 11:25 AM
AFFIRMATIVE DEFENSES by Van Phuc Le (Fantich, Brian)
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Wednesday, November 01, 2023
6 6 notice Appear* Wed 11/01 11:24 AM
NOTICE TO APPEAR BY VIDEO CONFERENCE: Scheduling Conference set for 12/12/2023 04:00 PM before District Judge Judith E. Levy *Counsel shall review Fed. R. Civ. Proc. Rule 26(f) and file a joint discovery plan with the Court no later than 3 business days before the conference* (WBar)
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Tuesday, October 31, 2023
5 5 misc Attorney Appearance Tue 10/31 3:55 PM
ATTORNEY APPEARANCE: John Clarence Cusmano appearing on behalf of Wal-Mart Stores East, LP (Cusmano, John)
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4 4 misc Statement of Disclosure of Corporate Affiliations Tue 10/31 3:49 PM
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Wal-Mart Stores East, LP identifying Corporate Parent Wal-Mart Stores, Inc. for Wal-Mart Stores East, LP. (Wright, Nicole)
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Monday, October 30, 2023
3 3 order Stipulation and Order Mon 10/30 3:05 PM
STIPULATION AND ORDER amending case caption. Signed by District Judge Judith E. Levy. (DPer)
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Tuesday, October 24, 2023
2 2 answer Answer to Complaint Tue 10/24 4:37 PM
ANSWER to Complaint with Affirmative Defenses with Jury Demand by Wal-Mart Stores East, LP, Walmart Inc.. (Wright, Nicole)
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Thursday, October 19, 2023
notice Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option Thu 10/19 1:09 PM
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] (LGra)
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Wednesday, October 18, 2023
1 1 cmp Civil Case - Notice of Removal Wed 10/18 3:43 PM
NOTICE OF REMOVAL by Wal-Mart Stores East, LP, Walmart Inc. from Genesee County Circuit Court, case number 23-119614-NO. Receipt No: AMIEDC-9530950 - Fee: $ 402 [ Previously dismissed case: No] [ Possible companion case(s): None ] (Wright, Nicole)
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Att: 1 Index of Exhibits,
Att: 2 Exhibit A - Plaintiff's Complaint,
Att: 3 Exhibit B - Email Accepting Service of Complaint