GEISER v. SIMPLICITY, INC.

Civil Action No. 5:10CV21.

JEANNIE GEISER, as Administratrix of the Estate of J.G., deceased and JEANNIE GEISER, individually, Plaintiff, v. SIMPLICITY, INC. a/k/a SIMPLICITY FOR CHILDREN, SFCA, INC. d/b/a SIMPLICITY, INC. a/k/a SIMPLICITY FOR CHILDREN, BLACKSTREET CAPITAL MANAGEMENT INC. d/b/a BLACKSTREET CAPITAL PARTNERS, LLC d/b/a SIMPLICITY, INC. a/k/a SIMPLICITY FOR CHILDREN and d/b/a SFCA, INC., WAL-MART STORES EAST, LP, WAL-MART STORES, INC., GRACO CHILDREN'S PRODUCTS INC., NEWELL RUBBERMAID, INC. d/b/a GRACO CHILDREN'S PRODUCTS, INC., and JOHN DOE(S) MANUFACTURER/DISTRIBUTOR/WHOLESALER, Defendants.

United States District Court, N.D. West Virginia.

May 24, 2012.


Attorney(s) appearing for the Case

Jeannie Geiser, As Administratrix of the Estate of J.G., and Individually, Plaintiff, represented by Jacob M. Robinson, Sr , Robinson Law Offices, Ronald W Zavolta , Zavolta Law Office & Theodore L Tsoras , Robinson Law Offices.

Wal-Mart Stores East, LP, Defendant, represented by Heather M. Noel , MacCorkle, Lavender, Casey & Sweeney, PLLC - Morgantown & John L. MacCorkle , MacCorkle, Lavender, Casey & Sweeney, PLLC - Charleston.

Wal-Mart Stores, Inc., Defendant, represented by Heather M. Noel , MacCorkle, Lavender, Casey & Sweeney, PLLC - Morgantown & John L. MacCorkle , MacCorkle, Lavender, Casey & Sweeney, PLLC - Charleston.

Jeannie Geiser, As administratrix of the Estate of J.G. and Individually, ThirdParty Defendant, represented by Ronald W Zavolta , Zavolta Law Office & Theodore L Tsoras , Robinson Law Offices.

Wal-Mart Stores East, LP, ThirdParty Defendant, represented by Heather M. Noel , MacCorkle, Lavender, Casey & Sweeney, PLLC - Morgantown & John L. MacCorkle , MacCorkle, Lavender, Casey & Sweeney, PLLC - Charleston.

WAL-MART STORES, INC, ThirdParty Defendant, represented by Heather M. Noel , MacCorkle, Lavender, Casey & Sweeney, PLLC - Morgantown & John L. MacCorkle , MacCorkle, Lavender, Casey & Sweeney, PLLC - Charleston.

S.G., Interested Party, represented by Karen E. Kahle , Steptoe & Johnson, PLLC - Wheeling.

M.G., Interested Party, represented by Karen E. Kahle , Steptoe & Johnson, PLLC - Wheeling.

B.S., Interested Party, represented by Karen E. Kahle , Steptoe & Johnson, PLLC - Wheeling.

Wal-Mart Stores East, LP, Cross Claimant, represented by Heather M. Noel , MacCorkle, Lavender, Casey & Sweeney, PLLC - Morgantown & John L. MacCorkle , MacCorkle, Lavender, Casey & Sweeney, PLLC - Charleston.

Wal-Mart Stores, Inc., Cross Claimant, represented by Heather M. Noel , MacCorkle, Lavender, Casey & Sweeney, PLLC - Morgantown & John L. MacCorkle , MacCorkle, Lavender, Casey & Sweeney, PLLC - Charleston.

Wal-Mart Stores East, LP, Cross Defendant, represented by Heather M. Noel , MacCorkle, Lavender, Casey & Sweeney, PLLC - Morgantown & John L. MacCorkle , MacCorkle, Lavender, Casey & Sweeney, PLLC - Charleston.

Wal-Mart Stores, Inc., Cross Defendant, represented by Heather M. Noel , MacCorkle, Lavender, Casey & Sweeney, PLLC - Morgantown & John L. MacCorkle , MacCorkle, Lavender, Casey & Sweeney, PLLC - Charleston.

Wal-Mart Stores, Inc., Cross Claimant, represented by Heather M. Noel , MacCorkle, Lavender, Casey & Sweeney, PLLC - Morgantown & John L. MacCorkle , MacCorkle, Lavender, Casey & Sweeney, PLLC - Charleston.

Wal-Mart Stores East, LP, Cross Claimant, represented by Heather M. Noel , MacCorkle, Lavender, Casey & Sweeney, PLLC - Morgantown & John L. MacCorkle , MacCorkle, Lavender, Casey & Sweeney, PLLC - Charleston.

WAL-MART STORES, INC, Cross Claimant, represented by Heather M. Noel , MacCorkle, Lavender, Casey & Sweeney, PLLC - Morgantown & John L. MacCorkle , MacCorkle, Lavender, Casey & Sweeney, PLLC - Charleston.


MEMORANDUM OPINION AND ORDER CONFIRMING PRONOUNCED ORDERS OF THE COURT

FREDERICK P. STAMP, Jr., District Judge.

I. Background

On March 21, 2012, the plaintiff in the above-styled civil action filed a motion for disbursement of funds and petition and application for permission to settle a wrongful death claim which included minor beneficiaries. On that same day, the plaintiff also filed a motion requesting that...

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