Xcentric Ventures, LLC, et al., v. Richeson
| Xcentric Ventures LLC |
| Shawn Richeson |
| Shawn Richeson |
| Xcentric Ventures LLC |
| 2:2010cv01931 |
| September 9, 2010 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Neil V Wake |
| Assault, Libel, and Slander |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Disbursement made in accordance with 75 Order on Motion to Dismiss, Order on Motion for Leave to File,,,,,,, payable to JABURG & WILK PC in the amount of $100.00, check number 00612445. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DBG) |
| Filing 76 RETURN Receipt returned executed: CD ROM delivered to Shawn Richeson on 1/13/2011. (ESL) |
| Remark: Compact Disk submitted as Exhibit 1 to Shawn Richeson's Motion to Include - CD ROM James P. Rogers - Audio Recording In Support of Motion for Leave to Pursue the Counterclaim of Wintess Tampering" has been returned to Shawn Richeson pursuant to Order #75. Certified Mail receipt number 7000 1670 0001 3936 4515. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAD) |
Filing 75
ORDER that Pla's 65 Motion to Dismiss Action Pursuant to Rule 41 (A)(2) is GRANTED. The Clerk will please close this case; that Richeson's 70 Motion for - Leave of Court to Pursue New Counter Claim Witness Tampering is DENIED; that Richeson's 74 Motion to Include CD ROM James P. Rogers Audio Recording in Support of Motion for Leave to Pursue the Counterclaim of Witness Tampering is DENIED. The Clerk will please return the original CD placed in the Records Department to Richeson; that the $100 bond posted on 09/09/10, is exonerated. The Clerk will please send a $100 check, payable to Jaburg & Wilk, P.C.. Signed by Judge Neil V Wake on 01/06/11. (ESL)
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| Filing 74 MOTION for Leave to File CD ROM in Support of Motion for Leave to Pursue Counterclaim of Witness Tampering, by Shawn Richeson. (NOTE: Original CD placed in Records Department) (ESL) |
| Filing 73 REPLY to Response to Motion re 70 MOTION for Leave to File Counterclaim filed by Shawn Richeson. (Attachments: # 1 Exhibit)(ESL) |
| Filing 72 RESPONSE in Opposition re 70 MOTION for Leave to File Counterclaim filed by Xcentric Ventures LLC. (Speth, Maria) |
| Filing 71 RESPONSE to Motion re 65 MOTION to Dismiss Case filed by Shawn Richeson. Styled as: "Richesons Stipulation to Motion to Dismiss". NOTE: Filed as one document with 70 Motion for Leave to File New Counterclaim. (LSP) |
| Filing 70 MOTION for Leave to File New Counterclaim by Shawn Richeson. NOTE: Filed as one document with Response to 65 Motion to Dismiss. Styled as: "Richesons Stipulation to Motion to Dismiss". (LSP) |
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Filing 69
ORDER AND OPINION that Richeson's 60 Motion for Summary Judgement Based on Deemed Admissions is DENIED; that Richeson's 68 1st Amended Motion for Summary Judgment is DENIED; that Richeson's 67 1st Amended - Counter Claim Against Xcentric Ventures LLC. 18 USC 1512 - Witness Tampering is STRICKEN. Signed by Judge John W Sedwick on 12/15/10. (ESL)
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| Filing 68 AMENDED MOTION for Summary Judgment by Shawn Richeson. (ESL) |
| Filing 67 STRICKEN per (Doc. 69) First AMENDED COUNTERCLAIM re: 48 WITHDRAWN Counterclaim filed by Shawn Richeson against Xcentric Ventures LLC, filed by Shawn Richeson.(ESL) Modified on 12/15/2010 (ESL). |
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Filing 66
ORDER AND OPINION that Xcentric's 26 Motion for Order to Show Cause Re: Contempt is denied; that Richeson's 27 Motion for Rule 11(c) Sanctions - Against Maria Crimi Speth & Jaburg and Wilk P.C. is denied; that Xcentric's 38 Cross-Motion for Sanctions Pursuant to Rule 11, Fed.R.Civ.P. is denied; that Richeson's Request for Admissions from Xcentric Ventures LLC. & Richeson's 50 Motion to Allow Filing of All Discovery Exchanged Between All Parties (Exception to FRCP 5) is denied; that Richeson's 50 Request for Admissions from Xcentric Ventures LLC. & Richeson's Motion to Allow Filing of All Discovery Exchanged Between All Parties (Exception to FRCP 5) is stricken. Signed by Judge John W Sedwick on 12/08/10. (ESL)
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| Filing 65 MOTION to Dismiss Case by Xcentric Ventures LLC. (Attachments: # 1 Text of Proposed Order)(Speth, Maria) |
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Filing 64
ORDER that Richeson's 63 Motion to Withdraw His Counterclaim is granted. Richeson's counterclaim (Doc. 48) is now deemed withdrawn; that Xcentric's 55 Motion to Dismiss Counterclaim Pursuant to Rule 12(b)(6) is denied as moot. Signed by Judge Neil V Wake on 12/18/10. (ESL)
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| Filing 63 MOTION to Withdraw 48 Counterclaim by Shawn Richeson. (note: same document as entry number 62) (ESL) |
| Filing 62 REPLY (MEMORANDUM) to Response to Motion re 60 MOTION for Summary Judgment filed by Shawn Richeson. (note: 2 part document) (ESL) |
| Filing 61 RESPONSE to Motion re 60 MOTION for Summary Judgment filed by Xcentric Ventures LLC. (Speth, Maria) |
| Filing 60 MOTION for Summary Judgment by Shawn Richeson. (ESL) |
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Filing 59
STIPULATED ORDER FOR PERMANENT INJUNCTION that the Stipulated 45 Motion for Stipulated Permanent Injunction Order is GRANTED and Defendant Richeson is permanently enjoined from, directly or through his agents, servants, employees, and other persons who are in active concert or participation with him: see attached pdf for complete details. Signed by Judge John W Sedwick on 11/24/10. (ESL)
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Filing 58
ORDER pursuant to the 46 Stipulation of Dismissal, it is ordered dismissing, without prejudice, Plaintiff Jaburg & Wilk PC from this action. Signed by Judge John W Sedwick on 11/24/10. (ESL)
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| Filing 57 TEXT ONLY Minute Entry for proceedings held before Judge John W Sedwick:Status Conference held on 11/23/2010. Appearances: Maria Crimi Speth for Plaintiffs; Shawn Richeson (Pro Se) for Defendant telephonically. The Court holds a discussion with the parties regarding all of the pending motions/stipulations in the case. Defendant wishes to withdraw three of the pending motions that he previosuly filed (Doc. 49, 51, and 52). The Court orders the 49 Motion for Leave of Court to Cross Claim Against Maria Crimi Smith & Ed Magedson withdrawn; 51 Motion for Reimbursement of Costs withdrawn; 52 Motion that this Court enter a Scheduling Order under FRCP 16 without a Pretial Conference withdrawn. The Court advises the parties that it will rule on the other four pending motions in this action (Doc. 26, 27, 38, and 55). The Motion to Dismiss (Doc. 55) will be ruled on in a timely fashion after receipt of the parties response/reply. By separate order, the Court will grant the two pending stipulations (Doc. 45 and 46). (Court Reporter Laurie Adams.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 56 AFFIDAVIT of Service for Notice of Litigation; Complaint served on Arizona Attorney General on 11/15/2010, filed by Maria Crimi Speth. (Sprague, Sharon) |
| Filing 55 MOTION to Dismiss Counts/Claims : Counter Claim Against Xcentric Ventures, LLC by Xcentric Ventures LLC. (Speth, Maria) |
| Filing 54 RESPONSE in Opposition re 49 MOTION for Leave to File Cross Claim against Maria Crimi Speth & Ed Magedson filed by Jaburg & Wilk PC, Xcentric Ventures LLC. (Speth, Maria) |
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Filing 53
ORDER that the parties are to appear before Judge John W. Sedwick for a status conference on Tuesday, 11/23/10, at 1:30 p.m., in Courtroom 504, Sandra Day O'Connor U.S. Courthouse, 401 W. Washington St., Phoenix, Arizona. As the Court previously explained, out-of-town parties such as Dft Richeson may appear telephonically, and should contact the courtroom deputy, to arrange such an appearance, if desired. Signed by Judge Neil V Wake on 11/04/10. (note: see attached pdf for complete details) (ESL)
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| Filing 52 MOTION for Scheduling Order under FRCP 16 without Pretrial Conference by Shawn Richeson. (ESL) |
| Filing 51 MOTION for Reimbursement of Costs by Shawn Richeson. (ESL) |
| Filing 50 REQUEST for Admissions from Xcentric Ventures LLC by Counter Claimant Shawn Richeson. (ESL) |
| Filing 49 MOTION for Leave to File Cross Claim against Maria Crimi Speth & Ed Magedson by Shawn Richeson. (ESL) |
| Filing 48 COUNTERCLAIM against Xcentric Ventures LLC, filed by Shawn Richeson.(ESL) |
| Filing 47 NOTICE of Deposition of Ed Magedson, filed by Shawn Richeson. (ESL) |
| Filing 46 STIPULATION of Dismissal Plaintiff Jaburg & Wilk, P.C. by Jaburg & Wilk PC, Xcentric Ventures LLC. (Speth, Maria) |
| Filing 45 STIPULATION Motion for Permanent Injunction by Jaburg & Wilk PC, Xcentric Ventures LLC. (Speth, Maria) |
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Filing 44
ORDER that Defendant's 39 "Cross Claim - Against Ed Magedson and Maria Crimi Speth" and 41 "FRCP 36 Request for Admissions from Edward Magedson" are STRICKEN. Signed by Judge David G Campbell on 10/22/10. (ESL)
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| Filing 43 AFFIDAVIT of Service for Order re: Plaintiff's Emergency Motion to Seal Without Notice; Emergency Motion to Seal Without Notice, Emergency TRO and Application for Order to Show Cause; Verified Complaint; Notice of Posting served on Shawn Richeson on September 29, 2010, filed by Jaburg & Wilk PC, Xcentric Ventures LLC. (Speth, Maria) |
| Filing 42 REPLY to Response to Motion re 27 MOTION for Sanctions filed by Shawn Richeson. (ESL) |
| Filing 41 STRICKEN per (Doc. 44) REQUEST for Admissions from Edward Magedson by Shawn Richeson. (ESL) Modified on 10/22/2010 (ESL). |
| Filing 40 REPLY to Response to Motion re 26 MOTION for Order to Show Cause re Contempt filed by Jaburg & Wilk PC, Xcentric Ventures LLC. (Speth, Maria) |
| Filing 38 RESPONSE in Opposition re 27 MOTION for Sanctions and CROSS MOTION for Sanctions, filed by Jaburg & Wilk PC. (Speth, Maria) Modified on 10/18/2010 to include the pending motion.(ESL). |
| Filing 39 STRICKEN per (Doc. 44) THIRD PARTY COMPLAINT (titled Cross Claim) against Ed Magedson, Maria Crimi Speth, filed by Shawn Richeson.(ESL) Modified on 10/22/2010 (ESL). |
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Filing 37
ORDER that Plaintiffs' request for a preliminary injunction (see Doc. 7) is DENIED without prejudice to a renewed application for a preliminary injunction. IT IS FURTHER ORDERED that the "Sealed Temporary Restraining Order" (Doc. 11) is dissolved. Signed by Judge Neil V Wake on 10/12/10. (ESL)
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| Filing 36 RESPONSE to Motion re 26 MOTION for Order to Show Cause re Contempt filed by Shawn Richeson. (ESL) |
| Filing 35 RESPONSE to 31 Memorandum, by Defendant Shawn Richeson. (ESL) |
| Filing 34 RESPONSE to Motion re 26 MOTION for Order to Show Cause re Contempt filed by Shawn Richeson. (ESL) |
| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Preliminary Injunction Proceedings held on 09/21/2010, before Judge Neil V Wake. Court Reporter Laurie A Adams. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/25/2010. Redacted Transcript Deadline set for 11/4/2010. Release of Transcript Restriction set for 1/3/2011. (BAS) |
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Filing 32
ORDER that Plaintiffs' 29 Motion to Strike Defendant Shawn Richeson's Proposed 2 Page Trial Exhibit is granted, and Doc. 28 is stricken, without prejudice to any proper future use of the exhibit; that Motion to Strike Defendant Shawn Richeson's 30 Motion for Rule 11(c) Sanctions Against Maria Speth and Jaburg & Wilk, P.C. is denied, without prejudice to Plaintiffs filing a response to the Motion for Rule 11(c) Sanctions. Signed by Judge Neil V Wake on 10/01/10. (ESL)
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| Filing 31 MEMORANDUM on Amount in Controversy to Establish Diversity Jurisdiction by Plaintiffs Jaburg & Wilk, P.C., Xcentric Ventures LLC. (Kunz, Adam) |
| Filing 30 MOTION to Strike DEFENDANT SHAWN RICHESONS MOTION FOR RULE 11(C) SANCTIONS AGAINST MARIA CRIMI SPETH AND JABURG & WILK, P.C. (DOC. NO. 27 ) by Jaburg & Wilk, P.C.. (Speth, Maria) Modified on 10/1/2010 to create document linkage.(ESL). |
| Filing 29 MOTION to Strike DEFENDANT SHAWN RICHESONS PROPOSED 2 PAGE TRIAL EXHIBIT (DOC. NO. 28 ) by Jaburg & Wilk, P.C., Xcentric Ventures LLC. (Speth, Maria) Modified on 10/1/2010 to create document linkage (ESL). |
| Filing 28 NOTICE re Criminal Record David S. Gingras by Jaburg & Wilk, P.C.. (ESL) |
| Filing 27 MOTION for Sanctions against Maria Crimi Speth and Jaburg and Wilk P.C., by Shawn Richeson. (ESL) |
| Filing 26 MOTION for Order to Show Cause re Contempt by Jaburg & Wilk, P.C., Xcentric Ventures LLC. (Speth, Maria) |
| Filing 25 NOTICE re LODGING FORM OF PRELIMINARY INJUNCTION by Jaburg & Wilk, P.C., Xcentric Ventures LLC. (Speth, Maria) |
| Filing 24 Corporate Disclosure Statement by Jaburg & Wilk, P.C.. (Speth, Maria) |
| Filing 23 Corporate Disclosure Statement by Xcentric Ventures LLC identifying Corporate Parent Creative Business Investment Concepts, Inc. for Xcentric Ventures LLC.. (Speth, Maria) |
| Filing 22 TRANSCRIPT REQUEST by non-party Iliana for proceedings held on 09/21/2010 before Judge Neil V Wake.. (BAS) |
| Filing 21 TEXT ONLY Minute Entry for proceedings held before Judge Neil V Wake: Preliminary Injunction Hearing held on 9/21/2010. Appearances: Adam Kunz and Maria Speth for Plantiff's; Shawn Richeson (Pro Se) for Defendant. Discussion is held. IT IS ORDERED that the plaintiff's application for preliminary injunction is taken under advisement pending the receipt of further briefing and a revised draft of the preliminary injunction from the plaintiff's. Although the Court does not set a deadline for plaintiff's to file further briefing and a revised draft of the preliminary injunction, plaintiff's are advised that the Court will act promptly upon receipt of the filings. IT IS FURTHER ORDERED that with the consent of the defendant, the temporary restraining order remains in effect until the receipt of further briefing and a revised draft of the preliminary injunction is filed by plaintiff's. (Court Reporter Laurie Adams.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
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Filing 20
ORDER that Defendant's Motion to Convert Plaintiff's TRO in a Temporary Injunction (Doc. 15, 16) is denied without prejudice to seeking a proper motion supported by a proper complaint or counterclaim. Signed by Judge Neil V Wake on 09/20/10.(ESL)
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Filing 19
ORDER denying defendant's 17 Motion to Appear by Telephone to the preliminary hearing. Signed by Judge Neil V Wake on 09/17/10.(ESL)
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| Filing 18 RESPONSE in Opposition re 17 MOTION for Leave to Appear Telephonic filed by Jaburg & Wilk, P.C., Xcentric Ventures LLC. (Speth, Maria) |
| Filing 17 MOTION for Leave to Appear by Telephone, by Shawn Richeson. (ESL) |
| Filing 16 MOTION to Convert Plaintiff's TRO into a Temporary Injunction by Shawn Richeson. (same pdf document as Doc. 15) (ESL) |
| Filing 15 ANSWER to 6 Complaint with Jury Demand by Shawn Richeson. (note: 2 part document)(ESL) |
| Filing 13 SEALED NOTICE TO PARTY OF DEFICIENCY RE CORPORATE DISCLOSURE STATEMENT (cc: All Cnsl) (MAP) |
| Filing 14 Sealed Notice filed by Jaburg & Wilk, P.C., Xcentric Ventures LLC. (MAP) |
| Filing 12 SEALED Notice of Posting Bond by Jaburg & Wilk, P.C., Xcentric Ventures, LLC. (MAP) |
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Filing 11
SEALED TEMPORARY RESTRAINING ORDER. Signed by Judge James A Teilborg on 9/9/10. (cc: Pla's Cnsl)(MAP)
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| Filing 10 SEALED Minute Entry. Proceedings held before Judge James A Teilborg: Motion Hearing held on 9/9/2010. (Court Reporter David German.) (cc: None) (MAP) |
| Filing 9 SEALED: Filing fee paid, receipt number PHX101073. This case has been assigned to the Honorable Neil V. Wake. All future pleadings or documents should bear the correct case number: CV 10-1931-PHX-NVW. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (cc: All Cnsl) (MAP) |
| Filing 8 Sealed Declaration re 7 filed by Jaburg & Wilk, P.C., Xcentric Ventures, LLC. (MAP) |
| Filing 7 SEALED MOTION by Jaburg & Wilk, P.C., Xcentric Ventures, LLC. (MAP) |
| Filing 6 SEALED VERIFIED COMPLAINT filed by Xcentric Ventures, LLC, Jaburg & Wilk, P.C. (Attachments: # 1 Civil Cover Sheet)(MAP) |
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Filing 5
SEALED ORDER granting 1 Sealed Motion. Signed by Judge James A Teilborg on 9/9/10. (cc: Pla's Cnsl) (MAP)
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| Filing 4 SEALED LODGED Proposed Declaration re: 1 SEALED MOTION to Seal Case. Document to be filed by Clerk if Motion to Seal is granted. Filed by Jaburg & Wilk, P.C., Xcentric Ventures, LLC. (MAP) |
| Filing 3 SEALED LODGED Proposed Emergency Temporary Restraining Order and Application for Order to Show Cause Why A Preliminary Injunction Should not Issue re: 1 SEALED MOTION to Seal Case. Document to be filed by Clerk if Motion to Seal is granted. Filed by Jaburg & Wilk, P.C., Xcentric Ventures, LLC. (MAP) |
| Filing 2 SEALED LODGED Proposed Verified Complaint re: 1 SEALED MOTION to Seal Case. Document to be filed by Clerk if Motion to Seal is granted. Filed by Jaburg & Wilk, P.C., Xcentric Ventures, LLC. (Attachments: # 1 Civil Cover Sheet)(MAP) |
| Filing 1 SEALED EMERGENCY MOTION by Jaburg & Wilk, P.C., Xcentric Ventures, LLC. (MAP) |
| SEALED Summons Issued as to Shawn Richeson. Summons Issued at Front Counter, no PDF Document Attached. (MAP) |
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