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12-154 - PUNCH et al v. DOLLAR TREE STORES, INC


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12-154 - PUNCH et al v. DOLLAR TREE STORES, INC
January 24, 2013
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REPORT AND RECOMMENDATION; it is respectfully recommended that Defendants motion to dismiss Plaintiffs first amended complaint 13 be denied. Objections to R&R due by 2/11/2013. Signed by Magistrate Judge Susan Paradise Baxter on 1/24/13. (lrw)
April 8, 2013
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MEMORANDUM ORDER: AND NOW, this 8th Day of April, 2013; IT IS ORDERED that the Defendant's motion 22 for leave to file supplemental authority in support of its Rule 12(b)(6) motion shall be, and hereby is, GRANTED. IT IS FURTHER ORDERED that the Defendant's motion to dismiss Plaintiffs' claims premised on strict liability 13 shall be, and hereby is, DENIED. The Report and Recommendation of Magistrate Judge Baxter, filed on January 24, 2013 19, is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 4/8/2013. (kas)
November 24, 2014
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REPORT AND RECOMMENDATION that Third Party Defendants motion to dismiss Third Party Complaint 41 be denied. Objections to R&R due by 12/11/2014. Signed by Magistrate Judge Susan Paradise Baxter on 11/24/14. (lrw)
December 15, 2014
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MEMORANDUM ORDER. The Third Party Defendant's Motion to Dismiss (Doc. 41) is DENIED, as described in the Magistrate Judge's Report and Recommendation (Doc. 51), which hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 12/15/14. (dcd)
July 2, 2015
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MEMORANDUM ORDER. Having carefully reviewed the transcript of the Motions Hearing on 6/17/15 (see Doc. 118), the Court concludes that Magistrate Judge Baxter's ruling regarding the subpoenas directed to Plaintiffs' former counsel was neither clearly erroneous nor contrary to law. Accordingly, Dollar Connection's Objections (Doc. 119) are OVERRULED, and Judge Baxter's ruling is AFFIRMED. Signed by Judge Cathy Bissoon on 7/2/15. (dcd)
July 21, 2015
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MEMORANDUM ORDER. Having carefully reviewed all of the relevant materials, the Court concludes that Magistrate Judge Baxter's rulings regarding the medical/educational records of Plaintiffs' other children were neither clearly erroneous nor contrary to law. Accordingly, Dollar Connection's Objections (Doc. 128) are OVERRULED, and Judge Baxter's rulings are AFFIRMED. Signed by Judge Cathy Bissoon on 7/21/15. (dcd)
November 5, 2015
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w)REPORT AND RECOMMENDATION that Third Party Defendants [partial] motion to dismiss Plaintiffs First Amended Third Party Complaint 91, be denied. Objections to R&R due by 11/23/2015. Signed by Magistrate Judge Susan Paradise Baxter on 11/5/15. (lr
December 2, 2015
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MEMORANDUM ORDER. Dollar Connection's Partial Motion to Dismiss (Doc. 91) Plaintiffs' Third Party Complaint is DENIED, consistent with the analyses in Magistrate Judge's Report and Recommendation (Doc. 145), said Report being adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 12/2/15. (dcd)
April 25, 2016
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REPORT AND RECOMMENDATION that Dollar Tree Store, Inc.'s and Greenbrier International, Inc.'s motion for summary judgment as to Dollar Connection, Ltd. 134, be denied. Objections to R&R due by 5/12/2016. Signed by Magistrate Judge Susan Paradise Baxter on 4/25/16. (lrw)
June 2, 2016
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MEMORANDUM ORDER. Dollar Tree Store, Inc.'s and Greenbrier International, Inc.'s Motion (Doc. 134) for summary judgment against Dollar Connection, Ltd., is DENIED, and the Magistrate Judge's Report and Recommendation (Doc. 159) is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 6/2/16. (dcd)
February 17, 2017
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REPORT AND RECOMMENDATION that Defendant Dollar Connections Motion for Summary Judgment Based Upon Statute of Limitations 166 be granted; Defendant Dollar Connections Motion for Summary Judgment Based Upon Spoliation of the Product at Issue 167 be denied; Defendant Dollar Connections Motion for Summary Judgment as to Plaintiffs Design Defect Claims 171 be denied; Defendant Dollar Connections Motion for Summary Judgment as to Plaintiffs Failure to Warn Claims 174 be granted; and Defendants Dollar Tree and Greenbriers Motion for Summary Judgment 177 be granted in part and denied in part. Objections to R&R due by 3/3/2017. Signed by Magistrate Judge Susan Paradise Baxter on 2/17/17. (lrw)
March 29, 2017
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MEMORANDUM ORDER. Defendant Dollar Connection's Motion for Summary Judgment Based on Statute of Limitations (Doc. 166) is GRANTED; Defendant Dollar Connection's Motion for Summary Judgment Based on Spoliation Doc. (167) is DENIED; Defendant Dollar Connection's Motion for Summary Judgment as to Plaintiffs' Design Defect Claims (Doc. 171) is DENIED; Defendant Dollar Connection's Motion for Summary Judgment as to Plaintiffs' Failure to Warn Claims (Doc. 174) is GRANTED; Defendants Dollar Tree and Greenbrier's Motion for Summary Judgment (Doc. 177) is GRANTED as to Plaintiffs' failure to warn claims sounding in strict liability and negligence, and it is DENIED as to Plaintiffs' negligent and strict liability design defect claims, and as to spoliation; and the Magistrate Judge's Report and Recommendation is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 3/29/17. (dcd) Staff note: The paper Order associated with this docket entry contains additional legal analysis.