Cleeves v. Everson et al
| Frederick G Cleeves |
| David E Everson, Edward P Roski, III, Erik Sky Incorporated, Skytime LLC, Air Shasta Rotor & Wing Incorporated, Christine Everson, Air Shasta Rotor & Wing LLC and Unknown Roski |
| 2:2014cv02183 |
| October 1, 2014 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Roslyn O Silver |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 77
ORDER pursuant to #76 Stipulation of Dismissal, this action is dismissed with prejudice, the parties to bear their own attorneys' fees and costs. Signed by Senior Judge Roslyn O Silver on 8/2/16. (EJA)
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| Filing 76 STIPULATION of Dismissal by Frederick G Cleeves. (Lloyd, Aaron) |
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Filing 75
ORDER: Pursuant to the Parties' Stipulation to Extend Date for Dismissal Following Settlement (Second Request), and good cause appearing; IT IS ORDERED the stipulation (Doc. #74 ) is GRANTED. The Parties shall have through and including August 2, 2016 to finalize their settlement documents and file dismissal pleadings with the Court. IT IS FURTHER ORDERED that the Clerk shall not dismiss this case with prejudice until the Parties have completed their settlement documents and filed dismissal pleadings related to the settlement. Signed by Senior Judge Roslyn O Silver on 7/20/2016. (KAL)
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| Filing 74 STIPULATION 2nd Request by Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (Attachments: #1 Text of Proposed Order Proposed Order)(McCulloch, Timothy) |
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Filing 73
AMENDED ORDER granting the parties' stipulation #71 . The parties shall have through and including July 19, 2016 to finalize their settlement documents and file dismissal pleadings with the Court. IT IS FURTHER ORDERED that the Clerk shall not dismiss this case with prejudice until the Parties have completed their settlement documents and filed dismissal pleadings related to the settlement. Signed by Senior Judge Roslyn O. Silver on 7/18/16. (CLB)
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Filing 72
AMENDED by #73 - ORDER granting the parties' #71 Stipulation to Extend Date for Dismissal Following Settlement. The parties shall have through and including July 19, 2016 to finalize their settlement documents and file dismissal pleadings with the Court. IT IS FURTHER ORDERED that the Clerk shall not dismiss this case with prejudice until the parties have completed their settlement documents and filed dismissal pleadings related to the settlement. Signed by Senior Judge Roslyn O. Silver on 7/6/16. (CLB) Modified on 7/18/2016 (CLB).
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| Filing 71 STIPULATION by Frederick G Cleeves. (Attachments: #1 Text of Proposed Order)(Lloyd, Aaron) |
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Filing 70
ORDER that the Clerk shall dismiss this entire case with prejudice on July 5, 2016 and shall enter judgment accordingly. IT IS FURTHER ORDERED that all pending motions and stipulations are DENIED without prejudice as moot and all pending deadlines are vacated. Signed by Senior Judge Roslyn O Silver on 6/3/2016. (LFIG)
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| Filing 69 NOTICE of Settlement by Frederick G Cleeves. (Lloyd, Aaron) |
| Filing 68 AMENDED MINUTE ORDER for proceedings held before Magistrate Judge Michelle H Burns: Settlement Conference held on 6/1/2016. Present were: Timothy McCulloch with and for Defendants; Aaron Lloyd with and for Plaintiff. A court reporter was not present. The settlement was not recorded. A settlement was reached. LATER: Parties are to file appropriate dismissal paperwork with the Court within thirty (30) days. Hearing held 9:30 AM to 1:00 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHB, ec) |
| Filing 67 MINUTE ORDER for proceedings held before Magistrate Judge Michelle H Burns: Settlement Conference held on 6/1/2016. Present were: Timothy McCulloch with and for Defendants; Aaron Lloyd with and for Plaintiff. A court reporter was not present. The settlement was not recorded. A settlement was reached. LATER: Parties are to file appropriate dismissal paperwork with the Court. Hearing held 9:30 AM to 12:30 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHB, ec) |
| Filing 66 REPLY to Response to Motion re: #54 First MOTION for Summary Judgment filed by Air Shasta Rotor & Wing Incorporated, Erik Sky Incorporated, Christine Everson, David E Everson. (Gutierrez, Carlos) |
| Filing 65 REPLY to Response to Motion re: #55 First MOTION for Partial Summary Judgment on Counts Three and Four of Plaintiff's Second Amended Complaint filed by Frederick G Cleeves. (Attachments: #1 Exhibit)(Lloyd, Aaron) |
| Filing 64 *STATEMENT OF FACTS re: #63 Response to Motion for Partial Summary Judgment on Counts Three and Four of Plaintiff's Second Amended Complaint by Defendants Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3)(McCulloch, Timothy) *Modified to correct document linkage on 5/5/2016 (ATD). |
| Filing 63 RESPONSE to Motion re: #55 First MOTION for Partial Summary Judgment on Counts Three and Four of Plaintiff's Second Amended Complaint filed by Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3)(McCulloch, Timothy) |
| Filing 62 STATEMENT OF FACTS re: #61 Response to Motion for Summary Judgment by Plaintiff Frederick G Cleeves. (Attachments: #1 Exhibit Exhibits A-AA to Statement of Facts)(Lloyd, Aaron) |
| Filing 61 RESPONSE to Motion re: #54 First MOTION for Summary Judgment filed by Frederick G Cleeves. (Lloyd, Aaron) |
| Filing 60 *THIRD Notice of Discovery and Settlement by Frederick G Cleeves. (Lloyd, Aaron) *Modified on 5/3/2016 to correct text (MAP)*. |
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Filing 59
SETTLEMENT CONFERENCE ORDER - All parties and their counsel who are responsible for the case SHALL physically appear before the undersigned Settlement Judge, courtroom 303, Sandra Day O'Connor U. S. Courthouse, 401 West Washington, Phoenix, Arizona on Wednesday, June 1, 2016, at 9:30 AM. Signed by Magistrate Judge Michelle H Burns on 4/11/2016. (See Order for complete details.)(KMG)
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| Filing 58 STATEMENT OF FACTS re: #55 First MOTION for Partial Summary Judgment on Counts Three and Four of Plaintiff's Second Amended Complaint by Plaintiff Frederick G Cleeves. (Attachments: #1 Exhibit Exhibits A-L to Statement of Facts)(Lloyd, Aaron) |
| Filing 57 NOTICE of Appearance by Carlos B Gutierrez on behalf of Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (Gutierrez, Carlos) |
| Filing 56 STATEMENT OF FACTS re: #54 First MOTION for Summary Judgment by Defendants Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17, #7 Exhibit 18-20, #8 Exhibit 21-26)(McCulloch, Timothy) |
| Filing 55 First MOTION for Partial Summary Judgment on Counts Three and Four of Plaintiff's Second Amended Complaint by Frederick G Cleeves. (Lloyd, Aaron) |
| Filing 54 First MOTION for Summary Judgment by Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (McCulloch, Timothy) |
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Filing 53
ORDER: IT IS ORDERED Plaintiff's Request for Referral to Magistrate Judge for Settlement Conference #49 is GRANTED. IT IS FURTHER ORDERED this case is referred by random lot to Magistrate Judge Michelle H. Burns for the purpose of conducting a settlement conference. IT IS FURTHER ORDERED counsel are to jointly contact Judge Burns' chambers at (602) 322-7610 no later than March 28, 2016 for further instruction. IT IS FURTHER ORDERED the March 22, 2016 interim status conference before Judge Silver is VACATED and Defendants' request for telephonic appearance #52 is DENIED AS MOOT. Signed by Senior Judge Roslyn O Silver on 3/18/16.(MAW)
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| Filing 52 *MOTION for Leave to Appear Telephonically at March 22, 2016 Interim Status Conference by Defendants Air Shasta Rotor & Wing Incorporated, Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (Attachments: #1 Text of Proposed Order)(McCulloch, Timothy) *Modified to correct event and text modified accordingly on 3/16/2016 (ATD). |
| Filing 51 *RESPONSE to Motion re: #49 MOTION Plaintiff's Request for Referral to Magistrate Judge for Settlement Conference by Defendants Air Shasta Rotor & Wing Incorporated, Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (McCulloch, Timothy) *Modified to correct event and modified text accordingly on 3/16/2016 (ATD). |
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Filing 50
ORDER: The Court has considered Plaintiff's Request for Referral to Magistrate Judge for Settlement Conference; however, Defendants' position is not given in the request. Therefore, the Court will call for an expedited response from Defendants. IT IS ORDERED no later than 5:00 p.m. on March 17, 2016 Defendants shall file a response to Plaintiff's request (Doc. #49 ). Any reply shall be filed by 5:00 p.m. on March 18, 2016. IT IS FURTHER ORDERED any request for telephonic appearance at the March 22, 2016 interim status conference shall be filed no later than 5:00 p.m. on March 17, 2016. Signed by Senior Judge Roslyn O Silver on 3/15/2016. (KAL)
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| Filing 49 MOTION Plaintiff's Request for Referral to Magistrate Judge for Settlement Conference by Frederick G Cleeves. (Attachments: #1 Text of Proposed Order)(Lloyd, Aaron) |
| Filing 48 STATUS REPORT by Frederick G Cleeves. (Lloyd, Aaron) |
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Filing 47
Due to a conflict in the Court's calendar, IT IS ORDERED the interim status conference, presently set for 3/18/2016 at 10:00 AM is VACATED and RESET for 3/22/2016 at 10:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O. Silver. The joint case status report is due 3/15/2016. Ordered by Senior Judge Roslyn O. Silver. (ROS, kb)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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| Filing 46 NOTICE of Service of Discovery filed by Air Shasta Rotor & Wing Incorporated, Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (McCulloch, Timothy) |
| Filing 45 NOTICE of Deposition of Frederick G. Cleeves, filed by Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (Tully, Stephen) |
| Filing 44 NOTICE of Service of Discovery filed by Air Shasta Rotor & Wing Incorporated, Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (McCulloch, Timothy) |
| Filing 43 NOTICE re: Second Notice of Discovery and Settlement by Frederick G Cleeves . (Lloyd, Aaron) |
| Filing 42 NOTICE of Service of Discovery filed by Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (McCulloch, Timothy) |
| Filing 41 NOTICE re: First Notice of Discovery and Settlement by Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson . (McCulloch, Timothy) |
| Filing 40 NOTICE of Service of Discovery filed by Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (McCulloch, Timothy) |
| Filing 39 NOTICE of Service of Discovery filed by Frederick G Cleeves. (Lloyd, Aaron) |
| Filing 38 NOTICE of Service of Discovery filed by Air Shasta Rotor & Wing Incorporated, Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson, Edward P Roski, III, Unknown Roski. (McCulloch, Timothy) |
| Filing 37 NOTICE of Service of Discovery filed by Frederick G Cleeves. (Lloyd, Aaron) |
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Filing 36
SCHEDULING ORDER: Discovery due by 2/1/2016. Dispositive motions due by 4/1/2016. A Joint Proposed Pretrial Order, all Motions in Limine, a Joint Statement of the Case, Joint Jury Instructions, Verdict Form, and Stipulated Voir Dire Questions to be added to the Cour's standard Jury Questionnaire shall be lodged and filed by 6/3/2016. Interim Status Conference set for 3/18/2016 at 10:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. Prior to the Interim Conference, Joint Status Report shall be prepared and filed by 3/11/2016. Signed by Senior Judge Roslyn O Silver on 7/14/2015. (TLB)
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| Filing 35 MINUTE ENTRY for proceedings held before Senior Judge Roslyn O Silver: Scheduling Conference held on 7/14/2015. The Court adopts the Plaintiff's requested deadline for procedural motions. A Joint Status Report is due by 3/11/2016. An Interim Status Conference is set for 3/18/2016 at 10:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. The Court signs the Rule 16 Scheduling Order. Order to follow. APPEARANCES: Aaron Lloyed for Plaintiff. Timothy McCulloch for Defendants. (Court Reporter Elva Cruz-Lauer.) Hearing held 1:32 PM to 2:03 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) |
| Filing 34 NOTICE of Service of Discovery filed by Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson. (McCulloch, Timothy) |
| Filing 33 NOTICE of Service of Discovery filed by Frederick G Cleeves. (Lloyd, Aaron) |
| Filing 32 REPORT of Rule 26(f) Planning Meeting by Frederick G Cleeves. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Lloyd, Aaron) |
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Filing 31
ORDER - Rule 16 Scheduling Conference set for 7/14/2015 at 01:30 PM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver.Counsel/parties shall jointly prepare a Proposed Case Management Plan and a Proposed Scheduling Order and shall file them with the Court not less than ten (10) days before the Scheduling Conference. Signed by Senior Judge Roslyn O Silver on 5/19/2015. (TLB)
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| Filing 30 ANSWER to Complaint Answer to Plaintiffs' Second Amended Complaint by Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson.(McCulloch, Timothy) |
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Filing 29
ORDER approving #28 Stipulation For Extension of Time To Answer Complaint. The deadline for Defendants to answer or otherwise respond to Plaintiff's Second Amended Complaint is extended to and including 5/14/2015. Signed by Senior Judge Roslyn O Silver on 5/7/2015. (TLB)
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| Filing 28 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT . (Attachments: #1 Text of Proposed Order)(McCulloch, Timothy) |
| Filing 27 *AMENDED COMPLAINT against David E. Everson, Christine Everson, Erik Sky Inc., and Air Shasta Rotor & Wing, LLC, filed by Frederick G Cleeves. (Attachments: #1 Exhibit)(Lloyd, Aaron) *Modified to correct text on 4/24/2015 (KMG). |
| Filing 26 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Frederick G Cleeves . (Attachments: #1 Exhibit, #2 Exhibit)(Lloyd, Aaron) |
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Filing 25
ORDER granting in part and denying in part #17 Defendants' Motion to Dismiss for Failure to State a Claim. Counts One, Two, Six, Seven, Eight, and Nine areDISMISSED. Counts Three, Four, and Five are NOT DISMISSED. IT IS FURTHER ORDERED Plaintiff shall have until4/27/2015 to amend his complaint in accordance with the attached order. Signed by Senior Judge Roslyn O Silver on 4/14/2015.(TLB)
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| Filing 24 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Timothy I McCulloch. (McCulloch, Timothy) |
| Filing 23 REPLY to Response to Motion re: #17 MOTION to Dismiss for Failure to State a Claim filed by Air Shasta Rotor & Wing Incorporated, Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson, Edward P Roski, III, Unknown Roski, Skytime LLC. (McCulloch, Timothy) |
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Filing 22
ORDER granting #21 Stipulation. ORDERED enlarging the time for Defendants to file their Reply in support of #17 Motion to Dismiss up to and including 1/14/2015. Signed by Senior Judge Roslyn O Silver on 12/23/2014. (TLB)
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| Filing 21 STIPULATION to extend time for Defendants to file Reply in support of Motion to Dismiss by Air Shasta Rotor & Wing Incorporated, Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson, Edward P Roski, III, Unknown Roski, Skytime LLC. (Attachments: #1 Text of Proposed Order)(McCulloch, Timothy) |
| Filing 20 RESPONSE to Motion re: #17 MOTION to Dismiss for Failure to State a Claim filed by Frederick G Cleeves. (Lloyd, Aaron) |
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Filing 19
ORDER the stipulation (Doc. #18 ) is APPROVED, and the time for Plaintiff to respond to Defendants' motion to dismiss amended complaint is extended to and including December 22, 2014. Signed by Senior Judge Roslyn O Silver on 12/15/2014. (KMG)
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| Filing 18 STIPULATION by Frederick G Cleeves. (Attachments: #1 Text of Proposed Order)(Lloyd, Aaron) |
| Filing 17 *MOTION to Dismiss Case First Amended Complaint by Air Shasta Rotor & Wing Incorporated, Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson, Edward P Roski, III, Unknown Roski, Skytime LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McCulloch, Timothy) *Modified motion type on 12/2/2014 (ALS). |
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Filing 16
ORDER denying as moot #12 Defendants' Motion to Dismiss. FURTHER ORDERED Defendants shall file a responsive pleading no later than 12/1/2014. Signed by Senior Judge Roslyn O Silver on 11/14/2014.(TLB)
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| Filing 15 *AMENDED COMPLAINT against All Defendants filed by Frederick G Cleeves. (Attachments: #1 Exhibit Exhibits A-K)(Lloyd, Aaron) *Document is not in compliance with LRCiv 7.1(c); Attorney notified on 11/14/2014 (KMG). |
| Filing 14 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Frederick G Cleeves . (Lloyd, Aaron) |
| Filing 13 RESPONSE to Motion re: #12 MOTION to Dismiss Case filed by Frederick G Cleeves. (Lloyd, Aaron) |
| Filing 12 MOTION to Dismiss Case by Air Shasta Rotor & Wing Incorporated, Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson, Edward P Roski, III, Unknown Roski, Skytime LLC. (McCulloch, Timothy) |
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Filing 11
ORDER the Stipulation (Doc. #5 ) is APPROVED, and the parties shall have up to and including October 31, 2014 to file the required documents. Signed by Senior Judge Roslyn O Silver on 10/14/2014. (KMG)
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| Filing 10 Corporate Disclosure Statement by Skytime LLC. (McCulloch, Timothy) |
| Filing 9 Corporate Disclosure Statement by Air Shasta Rotor & Wing LLC. (McCulloch, Timothy) |
| Filing 8 Corporate Disclosure Statement by Air Shasta Rotor & Wing Incorporated. (McCulloch, Timothy) |
| Filing 7 Corporate Disclosure Statement by Erik Sky Incorporated. (McCulloch, Timothy) |
| Filing 6 SUPPLEMENT to Notice of Removal to Federal Couert Based on Diversity Jurisdiction re: #1 Notice of Removal by Defendants Air Shasta Rotor & Wing Incorporated, Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Christine Everson, David E Everson, Edward P Roski, III, Unknown Roski, Skytime LLC. (McCulloch, Timothy) |
| Filing 5 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Stipulation for Extension of Time Within Which to File Responsive Pleading (First Request). (Attachments: #1 Text of Proposed Order Order Extending Time Within Which to File Responsive Pleading)(McCulloch, Timothy) |
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Filing 4
ORDER - Before the Court is a notice of removal. ORDERED defendants must submit proof of diversity of citizenship from Plaintiff in accordance with the standard as set forth in the attached Order no later than 10/10/2014. Signed by Senior Judge Roslyn O Silver on 10/2/2014. (TLB)
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| Filing 3 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Air Shasta Rotor & Wing Incorporated, Air Shasta Rotor & Wing LLC, Erik Sky Incorporated, Skytime LLC. (REK) |
| Filing 2 Filing fee paid, receipt number 0970-10924863. This case has been assigned to the Honorable Roslyn O. Silver. All future pleadings or documents should bear the correct case number: CV-14-02183-PHX-ROS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2014-011344. Filing fee received: $400.00, receipt number 0970-10924863 filed by Christine Everson, Air Shasta Rotor & Wing LLC, Air Shasta Rotor & Wing Incorporated, David E Everson, Skytime LLC, Edward P Roski, III, Unknown Roski, Erik Sky Incorporated. (submitted by Timothy McCulloch) (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Supplemental Cover Sheet)(REK) |
| *****State Court record received on 10/01/2014*****SERVICE EXECUTED filed by Frederick G Cleeves: Affidavits of Service re: Summons and Complaint upon Edward P Roski III, Erik Sky Incorporated, and Air Shasta Roto & Wing Incorporated on 9/08/2014.*****Rule 4.2(c) Affidavits filed in State Court on 9/18/2014, docketed in U.S. District Court on 10/01/2014 for case management purposes.***** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| *****State Court record received on 10/01/2014*****SERVICE EXECUTED filed by Frederick G Cleeves: Affidavits of Service re: Summons and Complaint upon David E Everson and Air Shasta Rotor & Wing LLC on 9/22/2014.*****Rule 4.2(c) Affidavits filed in State Court on 9/25/2014, docketed in U.S. District Court on 10/01/2014 for case management purposes.***** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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