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P.I.: Other | Texas Southern
Summary Judgment
MOTION for Summary Judgment by Wal-Mart Stores Texas, LLC, filed. Motion Docket Date 8/19/2026. (Attachments: # 1 Exhibit A Deposition Transcript of Plaintiff Crystal Smith, # 2 Exhibit B Witness Statement of Brenda Holmes, # 3 Exhibit C Witness Statement of Jocelyne Asomani, # 4 Exhibit D Witness Statement of Demotrice McDaniel, # 5 Exhibit E Video Footage of the Incident, # 6 Proposed Order Granting Defendant's Motion for Summary Judgment) (Joy, Laura)
Docket Call
Minute entry for DOCKET CALL before Judge Charles Eskridge on July 21, 2026. All parties present and represented by counsel. The Court addressed the joint pretrial order. Dkt 21. The Court addressed witness lists. Dkts 21-3 & 21-4. The Court addressed exhibit lists. Dkts 21-1 & 21-2. It was noted that there was substantial overlap in the parties proposed exhibits lists. The parties were advised that they may mark certain exhibits as joint exhibits, if desired. But to avoid confusion only one version of each exhibit should be used at trial. The parties were also advised to confer regarding the extent of witnesses necessary, especially as to those only needed to prove up documentary exhibits. The Court addressed voir dire. Dkt 21-5. The parties agreed that thirty minutes of voir dire per side was sufficient. The Court addressed proposed jury instructions. Dkts 21-6 & 21-7. The parties were advised that in advance of trial they would be required to confer and propose a joint jury charge and joint verdict form, with specification of any points of disagreement. The Court addressed the request by Defendant for leave to file a motion for summary judgment regarding lack of notice of hazard. The request by Defendant for leave to file a motion for summary judgment was GRANTED. It was noted that, based on the record discussed at hearing, there was perhaps enough evidence to submit the question to the jury. But Defendant will have the opportunity to submit legal authority to the contrary. The Court addressed the potential for settlement. The parties advised that they had made substantial progress in that regard since mediation in May 2026. See Dkt 20 (joint mediation report). It was ORDERED that Defendant may file its motion for summary judgment by August 4, 2026. The response deadline by Plaintiff was STAYED pending further settlement discussions. The parties were ORDERED to file a status report by August 31, 2026, as to whether more time for settlement discussions is needed, or whether responsive briefing on the summary judgment motion should proceed. The parties were also advised that they may request referral for settlement conference before a magistrate judge, if desired. The parties should continue to confer in good faith regarding settlement. Appearances: Tara Marie Afrakhteh Milliff, Laura Marie Joy.(ERO: used), filed. (jmg4)
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