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09-5007 - Lehman v. Wal-Mart Stores, Inc.


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09-5007 - Lehman v. Wal-Mart Stores, Inc.
December 8, 2009
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MEMORANDUM AND ORDER - Except as to defendant's objections to paragraphs 6 through 9 of the plaintiff's 30(b)(6) notice, as limited in scope by the court's reasoning herein, the defendant's motion to quash, filing no. 27, is granted. To the extent the defendant has not objected, or the court has limited but not quashed a 30(b)(6) deposition topic in response to defendant's objections, the plaintiff remains entitled to depose corporate representatives pursuant to the previously served Rule 30(b)(6) notice, provided such depositions are held in Bentonville, Arkansas, or other mutually agreed upon location. To avoid future scheduling problems, the parties shall meet and confer, and the remaining portions of the Rule 30(b) (6) deposition shall be re-noticed by the plaintiff for a date, time, and place mutually agreeable to counsel for both parties and the witnesses. Ordered by Judge Richard G. Kopf. (GJG)
January 11, 2010
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MEMORANDUM AND ORDER granting in part and denying in part 68 Defendant's Motion to Quash. On or before January 18, 2010, the defendant shall produce: 1) any Safety Team Notes which may exist that discuss Julie Lehman's accident of July 21, 2009 at the defendant's store in Chadron, Nebraska; and 2) any code white documents which may exist for a seizure incident occurring near the pharmacy on July 21, 2009, but only to the extent they indicate the time frame of the pharmacy incident, and with any identifying and medical information concerning the Wal-Mart customer who had the seizure redacted. In all other respects, the defendant's motion to quash, (filing no. 68), isgranted. Ordered by Judge Richard G. Kopf. (JAB)
January 19, 2010
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SETTLEMENT ORDER. It is ordered that: (1)Within thirty (30) calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court (and provide a copy to the magistrate judge and to United States District Judge Richard G. Kopf, the trial judge to whom this case is assigned), together with submitting to the trial judge a draft order which will fully dispose of the case;(2)Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice;(3)This case is removed from the court's February 16, 2010 trial docket upon representation by the parties that the case has settled. ***Set Dismissal Papers Deadline due by 2/19/2010.Ordered by Judge Richard G. Kopf. (KLL, )
February 17, 2010
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JUDGMENT - Pursuant to the parties' joint stipulation for dismissal with prejudice (filing 85) and Fed. R. Civ. P. 41, IT IS ORDERED that the above-captioned case is dismissed with prejudice, with each party to pay its own costs. Ordered by Judge Richard G. Kopf. (JAB)