Wolfe et al v. Kohl's, Inc.

Filing 80

ORDER: In accordance with the discussions at the hearing on 1/17/2023, the Court confirms the following: (1) By 5:00 p.m. on 1/18/2023, Kohls Inc. shall file its proposed stipulation, and, by 5:00 p.m. the following day, Plaintiff shall file notice a s to whether she accepts the stipulation. (2) Court's Exhibit 1 from the 1/17/2023 hearing shall be filed under seal. (3) The Court intends to appoint an independent lawyer who will be tasked with (a) linking the names of the individuals on Exhi bit 1 with their respective residential and email addresses; (b) identifying those individuals who made purchase in the 1 hour leading up to the slip and fall and for the 2 hours thereafter; and (c) contacting those identified and asking them a list of no more thanten (10) questions in an effort to discover who went to the counter and informed Bryonna McKenzie that a perfume bottle had been broken. To that end, the parties shall endeavor to come up with a list of questions and present the same to the Court for its consideration by 9:00 a.m. on 1/19/2023. By 12:00 p.m. on 1/18/2023, the parties shall submit their nominee. (4) On 1/19/2023 at 1:00 p.m., the Court will hold a further hearing, during which time Kohls Inc. shall present the tes timony of Andrew Vardon, along with an individual who can testify about Kohls corporate video retention policies. (5) By 9:00 a.m. on 1/19/2023, Plaintiff shall submit her final list of expert witnesses and treating physicians she intends to call at trial. The parties shall also provide the Court the date on which their next mediation will be held, whether it be with Mr. Flippin or some other mediator. (6) Plaintiff shall notify the physician who performed her 12/30/2022 surgery that she needs h er records from that surgery no later than 1/30/2023. (Hearing set for 1/19/2023 01:00 PM in Courtroom 6B before Chief Judge Waverly D. Crenshaw Jr.) Signed by Chief Judge Waverly D. Crenshaw, Jr. on 01/17/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vk)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ERIKA WOLFE,
Plaintiff,
v.
KOHL’S INC.,
Defendant.

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No. 3:21-cv-00528

ORDER
In accordance with the discussions at the hearing on January 17, 2023, the Court confirms
the following:
(1) By 5:00 p.m. on January 18, 2023, Kohl’s Inc. shall file its proposed stipulation and, by
5:00 p.m. the following day, Plaintiff shall file notice as to whether she accepts the stipulation.
(2) A listing of the customers who made purchases at Kohl’s Clarksville store during the
afternoon and evening on the day in question was made Court’s Exhibit 1 and shall be filed under
seal.
(3) The Court intends to appoint an independent lawyer who will be tasked with (a) linking
the names of the individuals on Exhibit 1 with their respective residential and email addresses; (b)
identifying those individuals who made purchase in the 1 hour leading up to the slip and fall and for
the 2 ½ hours thereafter; and (c) contacting those identified and asking them a list of no more than
ten (10) questions in an effort to discover who went to the counter and informed Bryonna McKenzie
that a perfume bottle had been broken. To that end, the parties shall endeavor to come up with a list
of questions and present the same to the Court for its consideration by 9:00 a.m. Thursday, January
19, 2023. By 12:00 p.m. on Wednesday, January 18, 2023, the parties shall submit their nominee,

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including his or her name, telephone number, and a brief description of that nominee.
(4) On Thursday, January 19, 2023 at 1:00 p.m., the Court will hold a further hearing,
during which time Kohl’s Inc. shall present the testimony of Andrew Vardon, along with an
individual who can testify about Kohl’s corporate

video retention policies.

The Court

recognizes that Mr. Vardon is presently on p.t.o, but counsel for Kohl’s shall make every effort to
insure his presence at the hearing.
(5) By 9:00 a.m. on January 19, 2023, Plaintiff shall submit her final list of expert witnesses
and treating physicians she intends to call at trial. The parties shall also provide the Court the date
on which their next mediation will be held, whether it be with Mr. Flippin or some other mediator.
(6) Plaintiff shall notify the physician who performed her December 30, 2022 surgery that
she needs her records from that surgery no later than January 30, 2023.
IT IS SO ORDERED.

__________________________________________
WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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