Date: 03-09-2018

Case Style:

Case Number: 2:17-cv-02420-SHM-tmp

Judge: Samuel H. Mays, Jr.

Court: United States District Court for the Western District of Tennessee (Shelby County)

Plaintiff's Attorney: Lani D. Lester

Defendant's Attorney: Ashley Baxter Gibson, Katherine E. Carr and Sean William Martin

Description: Memphis, TN - Sandra Gail La Rosa sue06/16/2017 1 NOTICE OF REMOVAL by Extended Stay America, Inc. from Circuit Court of Shelby County, case number CT-002374-17 (Filing fee $ 400 receipt number 0651-2567929), filed by Extended Stay America, Inc.. (Attachments: # 1 Exhibit Complaint, # 2 Civil Cover Sheet Cover Sheet)(Martin, Sean) (Entered: 06/16/2017)
06/16/2017 2 Corporate Disclosure Statement by Extended Stay America, Inc.. (Martin, Sean) (Entered: 06/16/2017)
06/16/2017 3 Judge Samuel H. Mays, Jr and Magistrate Judge Tu M. Pham added. (jrs) (Entered: 06/16/2017)
06/16/2017 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jrs) (Entered: 06/16/2017)
06/16/2017 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jrs) (Entered: 06/16/2017)
06/16/2017 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jrs) (Entered: 06/16/2017)
06/22/2017 7 SETTING LETTER: Scheduling Conference set Wednesday, 08/02/2017 at 09:00 AM in Courtroom 2 - Memphis before Judge Samuel H. Mays, Jr. (jl) (Entered: 06/22/2017)
07/11/2017 8 NOTICE of Appearance by Ashley Baxter Gibson on behalf of Extended Stay America, Inc. (Gibson, Ashley) (Entered: 07/11/2017)
07/25/2017 9 NOTICE of Appearance by Katherine E. Carr on behalf of Extended Stay America, Inc. (Carr, Katherine) (Entered: 07/25/2017)
07/25/2017 10 ANSWER to Complaint with Jury Demand by Extended Stay America, Inc..(Martin, Sean) (Entered: 07/25/2017)
07/25/2017 11 REPORT of Rule 26(f) Planning Meeting proposed order submitted. (Lester, Lani) (Entered: 07/25/2017)
07/31/2017 12 NOTICE by Sandra Gail La Rose of Service of Initial Disclosures (Lester, Lani) (Entered: 07/31/2017)
08/02/2017 13 MINUTES: Scheduling Conference held on 08/02/2017 before Judge Samuel H. Mays, Jr. Atty Lani Lester appeared for pltf; Atty Katherine Carr appeared for deft; proposed scheduling order was adopted. The following ddls/scheds were established: joining parties ddl 10/02/17; amended pleadings ddl 10/02/17; expert disclosures due 01/29/18 for pltf, 02/28/18 for deft; supplementation ddl 05/15/18; all discovery ddl 03/30/18; document production, interrogatories & requests for admissions ddl 02/28/18; mediation ddl 04/16/18; dispositive motions ddl 04/30/18; Jury Trial set Monday, 08/27/2018 at 9:30 a.m. (2 days); Pretrial Conference set Friday, 08/17/2018 at 10:00 a.m.; Joint Proposed Pretrial Order due 08/10/2018. (Court Reporter: Nicole Warren) (zsf) (Entered: 08/02/2017)
08/02/2017 14 SETTING LETTER: Jury Trial set for Monday, 08/27/2018 at 09:30 AM in Courtroom 2 - Memphis before Judge Samuel H. Mays, Jr. Pretrial Conference set for Friday, 08/17/2018 at 10:00 AM in Courtroom 2 - Memphis before Judge Samuel H. Mays, Jr. Proposed Pretrial Order due by 08/10/2018. (zsf) (Entered: 08/02/2017)
08/02/2017 15 SCHEDULING ORDER: The following deadlines/schedules have been established: joining parties ddl 10/02/17; amended pleadings ddl 10/02/17; expert disclosures due 01/29/18 for pltf, 02/28/18 for deft; supplementation ddl 05/15/18; all discovery ddl 03/30/18; document production, interrogatories & requests for admissions ddl 02/28/18; mediation ddl 04/16/18; dispositive motions ddl 04/30/18; Jury Trial set Monday, 08/27/2018 at 9:30 a.m. (2 days); Pretrial Conference set Friday, 08/17/2018 at 10:00 a.m.; Joint Proposed Pretrial Order due 08/10/2018. Signed by Judge Samuel H. Mays, Jr on 08/02/2017. (Mays, Samuel) (Entered: 08/02/2017)
01/02/2018 16 MOTION for Summary Judgment by Extended Stay America, Inc.. (Attachments: # 1 Exhibit Photo 1, # 2 Exhibit Photo 2, # 3 Exhibit Transcript of LaRose statement, # 4 Exhibit Accident history report)(Gibson, Ashley) (Entered: 01/02/2018)
01/02/2018 17 ATTACHMENT Memorandum of Law in Support to 16 MOTION for Summary Judgment by Extended Stay America, Inc... (Gibson, Ashley) (Entered: 01/02/2018)
01/02/2018 18 ATTACHMENT Statement of Undisputed Material Facts to 16 MOTION for Summary Judgment by Extended Stay America, Inc... (Gibson, Ashley) (Entered: 01/02/2018)
01/11/2018 19 NOTICE by Sandra Gail La Rose of service of discovery (Lester, Lani) (Entered: 01/11/2018)
01/24/2018 20 MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by Sandra Gail La Rose. (Attachments: # 1 Memorandum in Support of Motion to Extend Time, # 2 Affidavit of Lani D. Lester)(Lester, Lani) (Entered: 01/24/2018)
01/26/2018 21 ORDER OF REFERENCE, signed by Judge Samuel H. Mays, Jr. on 01/26/2018. Plaintiff's MOTION 20 to allow time for discovery under Rule 56(d) and in opposition to plaintiff's motion for summary judgment is referred to the magistrate judge for a determination. (Mays, Samuel) (Entered: 01/26/2018)
01/29/2018 22 First MOTION to Amend/Correct the Scheduling Order by Extending Discovery Deadlines (Proposed Order Submitted) by Sandra Gail La Rose. (Lester, Lani) (Entered: 01/29/2018)
01/31/2018 23 NOTICE by Sandra Gail La Rose of Service of Plaintiff's Responses to Defendant's First Set of Interrogatories and Requests for Production (Lester, Lani) (Entered: 01/31/2018)
02/01/2018 24 SETTING LETTER: Status/Re-Scheduling Conference set Monday, 02/12/2018 at 09:00 AM in Courtroom 2 - Memphis before Judge Samuel H. Mays, Jr. (jl) (Entered: 02/01/2018)
02/07/2018 25 RESPONSE in Opposition re 20 MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment filed by Extended Stay America, Inc.. (Gibson, Ashley) (Entered: 02/07/2018)
02/09/2018 26 RESPONSE in Opposition re 22 First MOTION to Amend/Correct the Scheduling Order by Extending Discovery Deadlines (Proposed Order Submitted) filed by Extended Stay America, Inc.. (Gibson, Ashley) (Entered: 02/09/2018)
02/09/2018 27 ORDER granting 20 plaintiff's Motion to Allow Time for Discovery Under Rule 56(d). Within thirty days from the completion date of discovery, plaintiff shall file her response in opposition to defendant's motion for summary judgment. It is so ordered. Signed by Magistrate Judge Tu M. Pham on 2/9/2018. (Pham, Tu) (Entered: 02/09/2018)
02/12/2018 28 MINUTES: Status/Re-Scheduling Conference held on 02/12/2018 before Judge Samuel H. Mays, Jr. Atty Lani Lester appeared for pltf; Atty Katherine Carr appeared for deft; pltf's motion to extend discovery deadlines 22 - granted w/obj. The following amended ddls/scheds were established: all discovery ddl 04/30/18; pltf's response to motion for summary judgment ddl 06/29/18; mediation ddl 05/18/18; dispositive motions ddl 05/31/18; Jury Trial RESET to Monday, 09/17/2018 at 9:30 a.m. (2 days); Pretrial Conference RESET to Friday, 09/07/2018 at 9:30 a.m.; Joint Proposed Pretrial Order due 08/31/18. (Court Reporter: Nicole Warren)(zsf) (Entered: 02/12/2018)
02/12/2018 29 SETTING LETTER: Jury Trial RESET to Monday, 09/17/2018 at 09:30 AM in Courtroom 2 - Memphis before Judge Samuel H. Mays, Jr. Pretrial Conference RESET to Friday, 09/07/2018 at 09:30 AM in Courtroom 2 - Memphis before Judge Samuel H. Mays, Jr. Proposed Pretrial Order due by 08/31/2018. (zsf) (Entered: 02/12/2018)
02/12/2018 30 AMENDED SCHEDULING ORDER: The following amended deadlines/schedules have been established: all discovery ddl 04/30/18; pltf's response to motion for summary judgment ddl 06/29/18; mediation ddl 05/18/18; dispositive motions ddl 05/31/18; Jury Trial set Monday, 09/17/2018 at 9:30 a.m. (2 days); Pretrial Conference set Friday, 09/07/2018 at 9:30 a.m.; Joint Proposed Pretrial Order due 08/31/18. Signed by Judge Samuel H. Mays, Jr on 02/12/2018. (Mays, Samuel) (Entered: 02/12/2018)
02/16/2018 31 NOTICE of Settlement by Extended Stay America, Inc. (Gibson, Ashley) (Entered: 02/16/2018)d Extended Stay America, Inc. on a negligence theory.

Outcome: 03/08/2018 32 STIPULATION of Dismissal With Prejudice by Sandra Gail La Rose. (Lester, Lani) (Entered: 03/08/2018)
03/09/2018 33 ORDER OF DISMISSAL, signed by Judge Samuel H. Mays, Jr. on 03/09/2018. The parties have submitted a Stipulation of Dismissal indicating that this matter may be dismissed with prejudice. This case is therefore dismissed in its entirety with prejudice. Each party shall bear its own costs and attorneys' fees. (Mays, Samuel) (Entered: 03/09/2018)
03/09/2018 34 JUDGMENT, signed by Judge Samuel H. Mays, Jr. on 03/09/2018. This matter is dismissed with prejudice in accordance with the Order of Dismissal docketed March 9, 2018. Each party shall bear its own costs and attorneys' fees. (Mays, Samuel) (Entered: 03/09/2018)

Plaintiff's Experts:

Defendant's Experts:

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