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3AN-22-04645CI Kelly, James vs. Walmart TAM

Court Case Details

Case Number: 3AN-22-04645CI
Case Type: Civil Superior Ct (3AN)
Case Status: Closed
Action: Claim against Owner of Real Property for Personal Injury
Case Judge: Matthews, Thomas A
File Date: 17 Feb 2022

Parties

Name Role
Kelly, James Plaintiff
WALMART INC. Defendant

Dispositions

Disposition Date Case Judge
Removal to U.S. District Court 2022-04-06 Matthews, Thomas A
Stipulated or Unopposed Dismissal 2023-06-02 Matthews, Thomas A

Receipts

Receipt Number Date Amount
1940712 2022-02-17 $250.00

Events

Date Location Type Result Event Judge
2023-05-11 Courtroom 401, Nesbett Courthouse Trial Call Hearing Reset Matthews, Thomas A
2023-05-16 Courtroom 401, Nesbett Courthouse Trial Call Hearing Vacated Matthews, Thomas A
2023-06-05 Courtroom 401, Nesbett Courthouse Jury Trial Superior Court Civil Hearing Vacated Matthews, Thomas A

Financial

Cost Type Amount Owned Amount Paid Amount Adjusted Amount Outstanding
Total $250.00 $250.00 $0.00 $0.00
Filing Fee $250.00 $250.00 $0.00 $0.00

Docket

Date Text
2023-03-28
                                    [Cured]Civil Deficiency Memo mailed re:
            
            You did not file a proposed order with you Stipulation to Extend the Deadline for Plaintiff’s Opposition to Defendant Walmart’s Motion for Partial Summary Judgment.  You must file a proposed order, provide the other side in the case with a copy, and file a certificate of service showing when and how you “served” the other side.  You can use the court’s Certificate of Service (form TF-700), available at: https://public.courts.alaska.gov/web/forms/docs/tf-700.pdf.  Civil Rule 77
            
            Civil Deficiency Memo (1/22)
            Sent on:  03/28/2023  15:11:58.51
            James Kelly (Plaintiff); Walmart (Defendant);
                                
2023-04-13
                                    [PROPOSED] Order on Plaintiff's Opposition to Defendant Walmart's Motion for Partial Summary Judgment, or in the Alternative, Plaintiff's Motion to Stay Pursuant to Alaska Rule of Civil Procedure 56(f)
            James Kelly (Plaintiff);
            Case Motion #1: Walmart's Motion for Partial Summary Judgment, Case Motion #3: Plaintiff's Motion to Stay Pursuant to Alaska Rule of Civil Procedure 56(f) [filed with Plaintiff's Opposition to Defendant Walmart's Motion for Partial Summary Judgment]
                                
2022-02-17
                                    Initial Judicial Assignment: Honorable Thomas Matthews
                                
2022-02-17
                                    Complaint Against Owner of Real Property for Personal Injury  Receipt: 1940712  Date: 02/17/2022
                                
2022-02-17
                                    Summons and Notice to Both Parties of Judicial Assignment
                                
2022-02-17
                                    Attorney Information
            Attorney Twomey, Timothy M representing  Plaintiff(s) Kelly, James as of 02/17/2022
            James Kelly (Plaintiff); ; Timothy M Twomey (Attorney) on behalf of James Kelly (Plaintiff)
                                
2022-02-17
                                    Demand for Jury Trial
                                
2022-04-06
                                    Case Closed Removed to U.S. District Court
            Attorney: Gutsch, Kenneth M. (8811186)
            Walmart (Defendant);
                                
2022-04-06
                                    Attorney Information
            Attorney Gutsch, Kenneth M. representing Defendant Walmart as of 04/06/2022
                                
2022-05-05
                                    Order of Remand
                                
2022-05-11
                                    Initial Civil Pretrial Order Issued (Anchorage)
                                
2022-05-31
                                    Joint Notice to the Court of Three Trial Dates
            Attorney: Twomey, Timothy M (0505033)
            James Kelly (Plaintiff);
                                
2022-06-01
                                    Routine Pretrial Order Issued
                                
2022-06-01
                                    Entry of Appearance
            Attorney: Gutsch, Kenneth M. (8811186)
            Walmart (Defendant);
                                
2022-06-01
                                    Demand for Jury Trial
            Attorney: Gutsch, Kenneth M. (8811186)
            Walmart (Defendant);
                                
2022-06-01
                                    Notice of Filing Pleadings in Federal Court Prior to Remand
            Attorney: Gutsch, Kenneth M. (8811186)
            Walmart (Defendant);
                                
2023-01-03
                                    Defendant Walmart's Preliminary  Witness List and Retained Expert Identification
            Kenneth M. Gutsch (Attorney) on behalf of Walmart (Defendant)
                                
2023-01-23
                                    Plaintiff's Preliminary Witness List and Expert Identification
            Attorney: Twomey, Timothy M (0505033)
            James Kelly (Plaintiff);
                                
2023-01-24
                                    Plaintiff's Amended Preliminary Witness List and Expert Identification
            Attorney: Twomey, Timothy M (0505033)
            James Kelly (Plaintiff);
                                
2023-03-13
                                    Notice of Filing Attached Unsigned Affidavit (of Dr. Bradley Cruz)
            Attorney: Gutsch, Kenneth M. (8811186)
            Walmart (Defendant);
                                
2023-03-13
                                    Walmart's Motion for Partial Summary Judgment
            Attorney: Gutsch, Kenneth M. (8811186) 
            Filing Party:  Walmart
            Case Motion #1
                                
2023-03-28
                                    Stipulation to Extend the Dealine for Plaintiff's Opposition to Defendant Walmart's Motion for Partial Summary Judgment
            Attorney: Twomey, Timothy M (0505033) 
            Filing Party:  Kelly, James
            Case Motion #2
                                
2023-03-28
                                    Walmart's Notice of Filing Executed Affidavit in Support of Motion for Partial Summary Judgment
            Walmart (Defendant);
            Case Motion #1: Walmart's Motion for Partial Summary Judgment
                                
2023-03-28
                                    [Proposed] Order on Stipulation to Extend the Deadline for Plaintiff's Opposition to Defendant Walmart's Motion for Partial Summary Judgment
            Case Motion #2: Stipulation to Extend the Dealine for Plaintiff's Opposition to Defendant Walmart's Motion for Partial Summary Judgment
                                
2023-03-29
                                    Order Granting Stipulation to Extend the Dealine for Plaintiff's Opposition to Defendant Walmart's Motion for Partial Summary Judgment
             
                  Kelly, James
             
            Case Motion #2
            Stipulation to Extend the Dealine for Plaintiff's Opposition to Defendant Walmart's Motion for Partial Summary Judgment
                                
2023-04-12
                                    Plaintiff's Opposition to Defendant Walmart's Motion for Partial Summary Judgment [filed with Plaintiff's Motion to Stay Pursuant to Alaska Rule of Civil Procedure 56(f)]
            Timothy M Twomey (Attorney) on behalf of James Kelly (Plaintiff)
            Case Motion #1: Walmart's Motion for Partial Summary Judgment
                                
2023-04-12
                                    Plaintiff's Motion to Stay Pursuant to Alaska Rule of Civil Procedure 56(f) [filed with Plaintiff's Opposition to Defendant Walmart's Motion for Partial Summary Judgment]
            Attorney: Twomey, Timothy M (0505033) 
            Filing Party:  Kelly, James
            Case Motion #3
                                
2023-04-13
                                    Civil Deficiency Memo mailed re:---CURED 04/13/23
            
            You did not file a proposed order with your Plaintiff’s Opposition to Defendant Walmart’s Motion for Partial Summary Judgement, or, in the Alternative, Plaintiff’s Motion to Stay Pursuant to Alaska Rule of Civil Procedure 56(f).  You must file a proposed order, provide the other side in the case with a copy, and file a certificate of service showing when and how you “served” the other side.  You can use the court’s Certificate of Service (form TF-700), available at: https://public.courts.alaska.gov/web/forms/docs/tf-700.pdf.  Civil Rule 77.
            
            Civil Deficiency Memo (1/22)
            Sent on:  04/13/2023  09:18:32.14
            James Kelly (Plaintiff);
                                
2023-04-19
                                    Walmart's Reply to Plaintiff's Opposition to Walmart's Motion for Partial Summary Judgment and Opposition to Plaintiff's Rule 56(f) Motion
            Attorney: Gutsch, Kenneth M. (8811186)
            Case Motion #1: Walmart's Motion for Partial Summary Judgment
                                
2023-04-19
                                    Opposition to Motion Plaintiff's Rule 56(f) Motion [filed with Walmart's Reply to Plaintiff's Opposition to Walmart's Motion for Partial Summary Judgment]
            Attorney: Gutsch, Kenneth M. (8811186)
            Case Motion #3: Plaintiff's Motion to Stay Pursuant to Alaska Rule of Civil Procedure 56(f) [filed with Plaintiff's Opposition to Defendant Walmart's Motion for Partial Summary Judgment]
                                
2023-05-09
                                    ORDER DENYING WALMART'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF'S MOTION TO STAY PURSUANT TO ALASKA RULE OF CIVIL PROCEDURE 56(f) AND RESCHEDULING TRIAL CALL
            Issued by Judge Matthews
             
                  Walmart
             
            Case Motion #1
            Walmart's Motion for Partial Summary Judgment
                                
2023-05-10
                                    Walmart's Motion for Reconsideration
            Attorney: Gutsch, Kenneth M. (8811186) 
            Filing Party:  Walmart
            Case Motion #4
                                
2023-05-15
                                    Notice to Court of Settlement
            Attorney: Twomey, Timothy M (0505033)
            James Kelly (Plaintiff);
                                
2023-05-31
                                    Stipulation for Dismissal with Prejudice
            Attorney: Twomey, Timothy M (0505033) 
            Filing Party:  Kelly, James
            Case Motion #5
                                
2023-06-02
                                    Walmart's Motion for Reconsideration Deemed Moot
             
                  Walmart
             
            Case Motion #4
            Walmart's Motion for Reconsideration
                                
2023-06-02
                                    Order Granting Stipulation for Dismissal with Prejudice
             
                  Kelly, James
             
            Case Motion #5
            Stipulation for Dismissal with Prejudice
                                
2023-06-02
                                    Dismissed by Stipulation or Unopposed Motion