Case details

Court: nced
Docket #: 7:08-cv-00129
Case Name: Talbot et al v. Kohl's Department Stores, Inc. et al
PACER case #: 95231
Date filed: 2008-08-13

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-08-13 1 0 NOTICE OF REMOVAL by Kohl's Department Stores, Inc., Kohl's Corporation from New Hanover Superior Court, case number 08-CVS-002745. ( Filing fee $ 350 receipt number 04170000000000660907), filed by Kohl's Department Stores, Inc., Kohl's Corporation. (Attachments: # 1 Exhibit Summons, # 2 Exhibit Complaint, # 3 Exhibit Request for Monetary Relief Sought, # 4 Exhibit Plaintiff's Statement of Monetary Relief Sought) (Sauda, Evan) (Entered: 08/13/2008)
2008-08-13 2 0 NOTICE of Appearance by C. Marshall Lindsay on behalf of Kohl's Department Stores, Inc., Kohl's Corporation (Lindsay, C.) (Entered: 08/13/2008)
2008-08-13 3 0 NOTICE by Kohl's Department Stores, Inc., Kohl's Corporation re 1 Notice of Removal, Civil Cover Sheet (Lindsay, C.) (Entered: 08/13/2008)
2008-08-13 4 0 FINANCIAL DISCLOSURE STATEMENT by Kohl's Corporation (Lindsay, C.) (Entered: 08/13/2008)
2008-08-13 5 0 FINANCIAL DISCLOSURE STATEMENT by Kohl's Department Stores, Inc. (Lindsay, C.) (Entered: 08/13/2008)
2008-08-13 6 0 NOTICE by Kohl's Department Stores, Inc., Kohl's Corporation re 1 Notice of Removal, corrected Civil Cover Sheet (Lindsay, C.) (Entered: 08/13/2008)
2008-08-20 7 0 MOTION for Extension of Time to File Answer re 1 Notice of Removal, by Kohl's Department Stores, Inc., Kohl's Corporation. (Attachments: # 1 Text of Proposed Order Propsed Order Granting Defendants' Motion for Extension of Time) (Sauda, Evan) (Entered: 08/20/2008)
2008-08-21 8 0 FINANCIAL DISCLOSURE STATEMENT by Marianne R. Talbot(for R.T., an infant) (Ennis, David) (Entered: 08/21/2008)
2008-08-21 9 0 FINANCIAL DISCLOSURE STATEMENT by Marianne R. Talbot(Individually) (Ennis, David) (Entered: 08/21/2008)
2008-08-22 10 0 ORDER granting 7 Motion for Extension of Time to Answer Kohl's Department Stores, Inc. answer due 8/29/2008; Kohl's Corporation answer due 8/29/2008.. Signed by Clerk of Court on 8/21/08. (Talbert, S.) (Entered: 08/22/2008)
2008-08-28 11 0 Defendant Kohl's Department Stores, Inc.'s ANSWER to Complaint with Jury Demand by Kohl's Department Stores, Inc.. (Sauda, Evan) (Entered: 08/28/2008)
2008-08-29 12 0 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Clerk of Court on 8/29/08. (Talbert, S.) (Entered: 08/29/2008)
2008-08-29 13 0 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Kohl's Corporation. Responses due by 9/18/2008 (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Dismiss for Lack of Jurisdiction, # 2 Text of Proposed Order Proposed Order Granting Motion to Dismiss for Failure to State a Claim) (Sauda, Evan) (Entered: 08/29/2008)
2008-08-29 14 0 Memorandum in Support re 13 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Kohl's Corporation. (Attachments: # 1 Exhibit Exhibit A - Declaration of David Bengtson) (Sauda, Evan) (Entered: 08/29/2008)
2008-09-15 15 0 Memorandum in Opposition to Defendant Kohls' Corporation's Motion to Dismiss filed by Marianne R. Talbot(for R.T., an infant). (Attachments: # 1 Exhibit Kohl's Corporation 10-K, 2008) (Ennis, David) (Entered: 09/15/2008)
2008-09-15 16 0 Proposed Pretrial Order Denying Defendant Kohl's Corporation's Motion to Dismiss by Marianne R. Talbot(for R.T., an infant). (Ennis, David) (Entered: 09/15/2008)
2008-09-16 17 0 Proposed Order Denying Defendant Kohl's Corporation's Motion to Dismiss filed by Marianne R. Talbot(for R.T., an infant). (Ennis, David) (Entered: 09/16/2008)
2008-09-17 18 0 AMENDED ANSWER to Plaintiffs' Complaint by Kohl's Department Stores, Inc.. (Sauda, Evan) (Entered: 09/17/2008)
2008-09-29 19 0 REPLY to Response to Motion re 13 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Kohl's Corporation. (Attachments: # 1 Exhibit Exh. A - Second Declaration of David Bengtson) (Sauda, Evan) (Entered: 09/29/2008)
2008-10-01 20 0 Rule 26(f) Report (individual) by Kohl's Department Stores, Inc., Kohl's Corporation. (Attachments: # 1 Text of Proposed Order Approving Defendants' Rule 26(f) Report) (Sauda, Evan) (Entered: 10/01/2008)
2008-10-01 21 0 Rule 26(f) Report (individual) by Marianne R. Talbot(for R.T., an infant). (Attachments: # 1 Text of Proposed Order Text of Proposed Order Approving Plaintiffs' Rule 26(f) Report) (Ennis, David) (Entered: 10/01/2008)
2008-10-20 22 0 ORDER re 20 Rule 26(f) Report (individual) filed by Kohl's Department Stores, Inc., Kohl's Corporation, 21 Rule 26(f) Report (individual) filed by Marianne R. Talbot. The COURT hereby ORDERS a teleconference shall be conducted on TUESDAY, OCTOBER 21, 2008 at 10:00 a.m. Signed by USMJ David W. Daniel on 10/20/08. (Talbert, S.) (Entered: 10/20/2008)
2008-10-21 23 0 SCHEDULING ORDER: Please see Order for further information. Discovery due by 6/19/2009. Motions due by 7/19/2009.. Signed by USMJ David W. Daniel on 10/21/08. (Talbert, S.) (Entered: 10/21/2008)
2008-12-04 24 0 NOTICE by Kohl's Department Stores, Inc. Notice of Selection of Mediator by Agreement (Sauda, Evan) (Entered: 12/04/2008)
2008-12-05 25 0 NOTICE of Hearing on Motion 13 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 12/18/2008 10:00 AM in Raleigh - Courtroom TBA before Judge Terrence W. Boyle. (Talbert, S.) (Entered: 12/05/2008)
2008-12-19 26 0 Minute Entry for proceedings held before Judge Terrence W. Boyle: Motion Hearing held on 12/19/2008 re 13 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Kohl's Corporation. Document attached is for court purposes only. (Court Reporter Donna Tomawski.) (Talbert, S.) (Entered: 12/19/2008)
2008-12-30 27 0 ORDER granting in part and denying in part 13 Motion to Dismiss; denying 13 Motion to Dismiss for Lack of Prosecution. Signed by Judge Terrence W. Boyle on 12/23/08. (Talbert, S.) (Entered: 12/30/2008)
2009-02-25 28 0 MOTION for Extension of Time to File Response/Reply to Plaintiff's Interrogatories and Requests for Production by Kohl's Corporation. (Sauda, Evan) (Entered: 02/25/2009) 2009-12-22 11:10:03
2009-02-25 29 0 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Interrogatories and Requests for Production of Documents by Kohl's Department Stores, Inc.. (Sauda, Evan) (Entered: 02/25/2009)
2009-03-03 30 0 ORDER granting [ 29 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Interrogatories and Requests for Production of Documents. Responses due by 3/31/2009. Signed by Clerk of Court on 3/2/09. (Talbert, S.) (Entered: 03/03/2009)
2009-03-03 31 0 ORDER granting 28 MOTION for Extension of Time to File Response/Reply to Plaintiff's Interrogatories and Requests for Production. Responses due by 3/31/2009. Signed by Clerk of Court on 3/2/09. (Talbert, S.) (Entered: 03/03/2009)
2009-03-31 32 0 MOTION for Extension of Time to File Response/Reply by Kohl's Corporation. (Sauda, Evan) (Entered: 03/31/2009)
2009-03-31 33 0 MOTION for Extension of Time to File Response/Reply by Kohl's Department Stores, Inc.. (Sauda, Evan) (Entered: 03/31/2009)
2009-04-06 34 0 ORDER granting 32 Motion for Extension of Time to File Response/Reply. Responses due by 4/14/2009. Signed by Clerk of Court on 4/3/09. (Talbert, S.) (Entered: 04/06/2009)
2009-04-06 35 0 ORDER granting 33 Motion for Extension of Time to File Response/Reply. Responses due by 4/14/2009. Signed by Clerk of Court on 4/3/09. (Talbert, S.) (Entered: 04/06/2009)
2009-06-01 36 0 Joint MOTION for Extension of Time to Extend Deadline for Mediated Settlement Conference by Marianne R. Talbot(for R.T., an infant), Marianne R. Talbot(Individually), Kohl's Department Stores, Inc., Kohl's Corporation. (Sauda, Evan) (Entered: 06/01/2009)
2009-06-03 37 0 NOTICE by Marianne R. Talbot(for R.T., an infant), Marianne R. Talbot(Individually), Kohl's Department Stores, Inc., Kohl's Corporation re 36 Joint MOTION for Extension of Time to Extend Deadline for Mediated Settlement Conference (Sauda, Evan) (Entered: 06/03/2009)
2009-06-09 38 0 ORDER granting 36 Motion for Extension of Time to mediate case. Time extended up to and including 7/31/09. Signed by USMJ David W. Daniel on 6/8/09. (Talbert, S.) (Entered: 06/09/2009)
2009-06-10 39 0 First MOTION for Protective Order IN REGARDS TO DEFENDANTS NOTICE OF DEPOSITION DIRECTED TO PLAINTIFF, R.T., INFANT by Marianne R. Talbot(for R.T., an infant). (Ennis, David) (Entered: 06/10/2009)
2009-06-11 40 0 Proposed Order Granting Plaintiff R.T., Infant's Motion for a Protective Order filed by Marianne R. Talbot(for R.T., an infant). (Ennis, David) (Entered: 06/11/2009)
2009-06-15 41 0 Memorandum in Support of Plaintiff's Motion for a Protective Order filed by Marianne R. Talbot(for R.T., an infant). (Ennis, David) (Entered: 06/15/2009)
2009-06-19 42 0 Memorandum in Opposition re 39 First MOTION for Protective Order IN REGARDS TO DEFENDANTS NOTICE OF DEPOSITION DIRECTED TO PLAINTIFF, R.T., INFANT filed by Kohl's Department Stores, Inc., Kohl's Corporation. (Attachments: # 1 Exhibit Exhibit A - Plaintiffs' Initial Disclosures, # 2 Exhibit Exhibit B - Correspondence Regarding Protective Order, # 3 Exhibit Exhibit C - Transcript of Deposition of R.T., # 4 Exhibit Exhibit D - Kelly v. Phillip Morris USA, Inc., No. 1:02-CV-959 (M.D.N.C. Dec. 9, 2003)) (Sauda, Evan) (Entered: 06/19/2009)
2009-06-19 43 0 MOTION for Sanctions by Kohl's Department Stores, Inc., Kohl's Corporation. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Defendants' Motion for Sanctions) (Sauda, Evan) (Entered: 06/19/2009)
43 1 Text of Proposed Order Proposed Order Granting Defendants' Motion for Sanct
2009-06-19 44 0 Memorandum in Support re 43 MOTION for Sanctions filed by Kohl's Department Stores, Inc., Kohl's Corporation. (Attachments: # 1 Exhibit Exhibit A - Plaintiffs' Initial Disclosures, # 2 Exhibit Exhibit B - Correspondence Regarding R.T.'s Deposition, # 3 Exhibit Exhibit C - Transcript of Attempted Deposition of R.T., # 4 Exhibit Exhibit D - Affidavit of Evan M. Sauda, # 5 Exhibit Exhibit E - Delon v. News & Observer Pub. Co., No. 1:05-CV-00259 (M.D.N.C. March 6, 2007), # 6 Exhibit Exhibit F - Pandolfo v. Howard Perry & Watson Realty, Inc., No. 5:04-CV-881-BO (E.D.N.C. June 25, 2007), # 7 Exhibit Exhibit G - Anderton v. Facetglas, Inc., No. 89-3220 (W.D.N.C. Feb. 9, 1990)) (Sauda, Evan) (Entered: 06/19/2009)
44 1 Exhibit Exhibit A - Plaintiffs' Initial Disclosures
44 2 Exhibit Exhibit B - Correspondence Regarding R.T.'s Deposition
44 3 Exhibit Exhibit C - Transcript of Attempted Deposition of R.T.
44 4 Exhibit Exhibit D - Affidavit of Evan M. Sauda
44 5 Exhibit Exhibit E - Delon v. News & Observer Pub. Co., No. 1:05-CV-00259 (M.D.N.
44 6 Exhibit Exhibit F - Pandolfo v. Howard Perry & Watson Realty, Inc., No. 5:04-CV-
44 7 Exhibit Exhibit G - Anderton v. Facetglas, Inc., No. 89-3220 (W.D.N.C. Feb. 9, 1
2009-07-02 45 0 NOTICE by Marianne R. Talbot(for R.T., an infant) of Designation of Secured Leave Period (Ennis, David) (Entered: 07/02/2009)
2009-07-02 46 0 Memorandum in Opposition to Defendants' Motion for Sanctions filed by Marianne R. Talbot(for R.T., an infant). (Ennis, David) (Entered: 07/02/2009)
2009-07-09 47 0 First MOTION for Extension of Time to Complete Discovery, First MOTION for Extension of Time To File Dispositive Motions by Marianne R. Talbot(for R.T., an infant). (Attachments: # 1 Text of Proposed Order Proposed Order) (Ennis, David) (Entered: 07/09/2009)
2009-07-10 48 0 RESPONSE in Opposition re 47 First MOTION for Extension of Time to Complete DiscoveryFirst MOTION for Extension of Time To File Dispositive Motions filed by Kohl's Department Stores, Inc., Kohl's Corporation. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Sauda, Evan) (Entered: 07/10/2009)
2009-07-14 49 0 Interim MOTION for Leave to File Reply to Defendants' Response to Plaintiffs Motion to Extend Discovery and Dispositive Motions Deadlines by Marianne R. Talbot(for R.T., an infant). (Attachments: # 1 Text of Proposed Order Order Granting Leave to File Reply) (Ennis, David) (Entered: 07/14/2009)
2009-07-15 50 0 ORDER granting 49 Motion for Leave to File a Reply to Defendants' Response to Plaintiff's Motion to Extend Discovery and Dispositive Motions Deadlines. Signed by USMJ David W. Daniel on 7/14/09. (Talbert, S.) (Entered: 07/15/2009)
2009-07-16 51 0 REPLY to Response to Motion re 47 First MOTION for Extension of Time to Complete DiscoveryFirst MOTION for Extension of Time To File Dispositive Motions filed by Marianne R. Talbot(for R.T., an infant). (Ennis, David) (Entered: 07/16/2009)
2009-08-05 52 0 MOTION for Extension of Time To Conduct Mediated Settlement Conference by Marianne R. Talbot(for R.T., an infant). (Attachments: # 1 Text of Proposed Order Proposed Order) (Ennis, David) (Entered: 08/05/2009)
2009-08-12 53 0 ORDER granting 52 Motion for Extension of Time to complete mediation up to and including 8/31/09. Signed by USMJ David W. Daniel on 8/11/09. (Talbert, S.) (Entered: 08/12/2009)
2009-08-14 54 0 SELECTION OF Judge James Llewellyn as mediator. (Ennis, David) (Entered: 08/14/2009)
2009-08-17 55 0 ORDER Appointing Mediator James D. Llewellyn appointed. Signed by Clerk of Court on 8/17/09. (Beasley, B.) (Entered: 08/17/2009)
2009-08-21 56 0 ORDER granting in part and denying in part 47 Motion for Extension of Time to Complete Discovery/Motion for Extension of Time to file dispositive motions. Plaintiffs' motion is GRANTED IN PART AND DENIED IN PART. All dispositive motions shall be filed on or before September 11, 2009. The Court declines to extend the discovery deadline at this time, but will reconsider the issue, if necessary, on motion of either party after resolution of the pending motion for protective order and motion for sanctions. Signed by USMJ David W. Daniel on 8/20/09. (Talbert, S.) (Entered: 08/21/2009)
2009-09-11 57 0 MOTION for Summary Judgment by Kohl's Department Stores, Inc., Kohl's Corporation. (Lindsay, C.) (Entered: 09/11/2009)
2009-09-11 58 0 Memoranda In Support of motion for Summary Judgment at docket entry 57 by Kohl's Department Stores, Inc., Kohl's Corporation. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (Lindsay, C.) Modified on 9/14/2009 (Edwards, S.). (Entered: 09/11/2009)
2009-09-14 59 0 MOTION for Summary Judgment by Marianne R. Talbot(for R.T., an infant). (Attachments: # 1 Text of Proposed Order Order Granting Plaintiffs' Motion for Partial Summary Judgment) (Ennis, David) Modified on 9/14/2009 (Edwards, S.). (Entered: 09/14/2009)
2009-09-14 60 0 MOTION for Partial Summary Judgment Memorandum in Support by Marianne R. Talbot(for R.T., an infant). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Ennis, David) Modified on 9/14/2009 (Edwards, S.). (Entered: 09/14/2009)
2009-09-14 61 0 ORAL ORDER re 59 MOTION for summary judgment and supporting documentation filed by Marianne R. Talbot. CM/ECF was down for routine maintenance when counsel tried to file electronically on Friday evening, the date that the motion was due. Plaintiff electronically filed the documents on 9/14/2009. For good cause shown, plaintiff's motion and supporting memorandum are deemed timely filed as of 9/14/2009. Ordered by USMJ David W. Daniel on 9/14/09. (Skinner, J.) (Entered: 09/14/2009)
2009-09-30 63 0 Memorandum in Opposition to Defendants' Motion for Summary Judgment filed by Marianne R. Talbot(for R.T., an infant). (Ennis, David) (Entered: 09/30/2009)
2009-10-01 64 0 RESPONSE in Opposition re 59 MOTION for Summary Judgment filed by Kohl's Department Stores, Inc., Kohl's Corporation. (Attachments: # 1 Exhibit Exhibit A - Transcript of the Deposition of Larissa Birkenfeld, # 2 Exhibit Exhibit B - Hill v. Robbins, # 3 Exhibit Exhibit C - Picture of Fixture at Time of Incident) (Sauda, Evan) (Entered: 10/01/2009)
64 1 Exhibit Exhibit A - Transcript of the Deposition of Larissa Birkenfeld
64 2 Exhibit Exhibit B - Hill v. Robbins
64 3 Exhibit Exhibit C - Picture of Fixture at Time of Incident
2009-10-14 65 0 REPLY to Response to Motion re 57 MOTION for Summary Judgment filed by Kohl's Department Stores, Inc., Kohl's Corporation. (Sauda, Evan) (Entered: 10/14/2009)