Mazariego v. Walmart Inc. et al

Filing 12

ORDER REQUIRING DEFENDANTS WALMART, INC. AND WAL-MART REAL ESTATE BUSINESS TRUST TO FILE NOTICE ADDRESSING STATUS OF DEFENDANT WALMART, signed by Magistrate Judge Stanley A. Boone on 07/24/2024. IT IS HEREBY ORDERED that within five (5) days f rom the date of entry of this order, Defendants Walmart, Inc. and Wal-Mart Real Estate Business Trust shall file a notice addressing the status of Defendant Walmart. Failure to comply with this order may result in the issuance of sanctions. (Nguyen, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GLORIA MAZARIEGO,

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Plaintiffs,
v.
WALMART, et al.,
Defendants.

Case No. 1:24-cv-00612-KES-SAB
ORDER REQUIRING DEFENDANTS
WALMART, INC. AND WAL-MART REAL
ESTATE BUSINESS TRUST TO FILE NOTICE
ADDRESSING STATUS OF DEFENDANT
WALMART
FIVE DAY DEADLINE

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On July 3, 2023, Plaintiff filed the complaint in this action in Fresno County Superior

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Court against (1) Walmart, “a business organization, form unknown”; (2) Walmart, Inc., (3) Wal-

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Mart Real Estate Business Trust (“Wal-Mart Trust”); and (4) DOES 1-100. (ECF No. 1-1 at 3-7.)

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On May 22, 2024, only two named Defendants—Walmart Inc. and Wal-Mart Trust—filed a

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notice of removal. (ECF No. 1.) On June 13, 2024, Plaintiff filed a motion to remand and an

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application for leave to file a first amended complaint at a later time. (ECF Nos. 4, 5.) The

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pending motions were referred to the undersigned for the preparation of findings and

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recommendations. (ECF No. 7.) The motions are fully briefed, and the hearing is currently set

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for August 7, 2024.

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The notice of removal filed by Defendants Walmart, Inc. and Wal-Mart Trust provides no

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information as to the status of named Defendant Walmart, sued as “a business organization, form
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unknown.”1 (See ECF No. 1 at 5-6; ECF No. 1-1 at 4.) The acknowledgment of receipt of

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service dated April 24, 2024 indicates counsel for Defendant only represents Walmart, Inc. (ECF

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No. 1-2 at 2); however, the notice of removal states the same counsel represents both Walmart,

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Inc. and Wal-Mart Trust. (ECF No. 1.) It is unclear whether counsel for Defendants Walmart,

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Inc. and Wal-Mart Trust also represent Defendant Walmart or if appearing Defendants otherwise

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have information or belief whether Defendant Walmart has been served.

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therefore order Defendants to file a notice informing the Court as to the status, if known, of

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Defendant Walmart.

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The Court shall

Accordingly, IT IS HEREBY ORDERED that:

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1.

Within five (5) days from the date of entry of this order, Defendants Walmart, Inc.

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and Wal-Mart Real Estate Business Trust shall file a notice addressing the status of

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Defendant Walmart; and

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2.

Failure to comply with this order may result in the issuance of sanctions.

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IT IS SO ORDERED.
Dated:

July 24, 2024
UNITED STATES MAGISTRATE JUDGE

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In Defendants’ briefing in the pending motion to remand, Defendants Walmart Inc. and Wal-Mart Trust omit
acknowledgment of the third named Defendant. (See, e.g., ECF No. 9 at 10 (“At the time that Defendant removed
this action to federal court, there were only three parties properly named in this suit: Plaintiff, an individual, Walmart,
Inc., a Delaware and Arkansas corporation, and Wal-Mart Real Estate Business Trust, a Delaware Statutory Trust
with its principal place of business in Arkansas”).)
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