History
  • No items yet
midpage
Walker v. Walmart, Inc.
5:25-cv-00009
W.D. Ky.
Apr 25, 2025
Read the full case

Background

  • Wilma Walker sued Walmart, Inc. and related defendants in state court; defendants removed the case to federal court based on diversity jurisdiction.
  • Defendants failed to timely file their corporate disclosure statements as required by Rule 7.1, leading them to request an extension.
  • Walker (plaintiff) moved to remand the case back to state court, arguing the lack of timely disclosures failed to establish diversity jurisdiction.
  • Defendants cured the disclosure defect and confirmed all relevant entities are not Kentucky citizens, preserving diversity jurisdiction.
  • The matter was referred to Magistrate Judge King to resolve the competing motion for extension and motion to remand.
  • The recent Sixth Circuit decision clarified courts retain jurisdiction if complete diversity is ultimately established, even after late disclosures.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Timeliness of Rule 7.1 disclosure Late disclosures fail to establish diversity at removal; warrants remand Initial defect in Rule 7.1 cured; remand not the proper remedy Extension granted; defective disclosure cured
Remedy for disclosure defects under Rule 7.1 Remand to state court is required for late or insufficient disclosure Federal cases say remand is not the remedy for corporate disclosure defects Remand denied; late filing is not grounds for remand
Existence of complete diversity jurisdiction Defendants haven’t shown complete diversity due to untimely disclosure All defendants confirmed not Kentucky citizens; diversity exists Complete diversity confirmed; federal jurisdiction ok
Impact of recent appellate clarification (Not specifically addressed) Recent 6th Circuit holds court can retain jurisdiction if diversity exists Follow binding appellate decision; federal court keeps case

Key Cases Cited

  • Rogers v. Walmart Stores, Inc., 230 F.3d 868 (6th Cir. 2000) (removing defendant has the burden to prove diversity jurisdiction)
Read the full case

Case Details

Case Name: Walker v. Walmart, Inc.
Court Name: District Court, W.D. Kentucky
Date Published: Apr 25, 2025
Docket Number: 5:25-cv-00009
Court Abbreviation: W.D. Ky.