Brooke v. A H Deep LLC
| Theresa Brooke |
| A H Deep LLC an Arizona Limited Liability Company doing business as Days Inn Buckeye |
| 2:2015cv01581 |
| August 17, 2015 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| H Russel Holland |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on September 29, 2016. A more recent docket listing may be available from PACER.
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Filing 48
ORDER - Defendant's #45 motion for attorney fees is granted. The court's judgment in this case shall be amended to add an award of attorney fees in favor of defendant and against plaintiff in the amount of Eleven Thousand, Two Hundred Fifty-Six Dollars and Fifty Cents ($11,256.50). Plaintiff's #46 motion to strike is denied. (See document for full details). Signed by Judge H Russel Holland on 9/29/16. (LAD)
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| Filing 47 REPLY re: #45 MOTION for Attorney Fees in Support of Motion for Attorney Fees by Defendant A H Deep LLC. (Attachments: #1 Exhibit)(Urman, Gary) |
| Filing 46 MOTION to Strike #45 MOTION for Attorney Fees by Theresa Brooke. (Attachments: #1 Text of Proposed Order)(Strojnik, Peter) |
| Filing 45 MOTION for Attorney Fees by A H Deep LLC. (Attachments: #1 Exhibit Statement of Consultation, #2 Affidavit Attorneys' Fees)(Urman, Gary) |
| Filing 44 CLERK'S JUDGMENT - pursuant to the Court's Order of August 10, 2016, granting Defendant's Motion for Summary Judgment, judgment is hereby entered for Defendant. Plaintiff shall take nothing by way of the Complaint. The Complaint and this action are hereby dismissed with prejudice. (REW) |
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Filing 43
ORDER on Motions for Summary Judgment: Plaintiff's motion for summary judgment #36 is denied; Defendant's motion for summary judgment #33 is granted; the Clerk shall enter judgment dismissing Plaintiff's complaint with prejudice as to AH Deep, LLC. Signed by Judge H Russel Holland on 8/10/16. (Attachments: #1 Exhibit)(REW)
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| Filing 42 DECLARATION of Shamsher Singh re: #41 Response to Motion for Summary Judgment . filed by A H Deep LLC. (Attachments: #1 Exhibit A and B)(Urman, Gary) |
| Filing 41 RESPONSE to Motion re: #36 MOTION for Summary Judgment filed by A H Deep LLC. (Urman, Gary) |
| Filing 40 REPLY to Response to Motion re: #33 MOTION for Summary Judgment filed by A H Deep LLC. (Urman, Gary) |
| Filing 39 RESPONSE to Motion re: #35 MOTION to Strike #34 Declaration of Shamsher Singh filed by A H Deep LLC. (Urman, Gary) |
| Filing 38 OBJECTION re: #34 Declaration, #33 MOTION for Summary Judgment by Plaintiff Theresa Brooke. (Strojnik, Peter) |
| Filing 37 RESPONSE to Motion re: #33 MOTION for Summary Judgment filed by Theresa Brooke. (Strojnik, Peter) |
| Filing 36 MOTION for Summary Judgment by Theresa Brooke. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Text of Proposed Order)(Strojnik, Peter) |
| Filing 35 MOTION to Strike #34 Declaration by Theresa Brooke. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Strojnik, Peter) |
| Filing 34 DECLARATION of Shamsher Singh re: #33 MOTION for Summary Judgment by Defendant A H Deep LLC. (Urman, Gary) |
| Filing 33 MOTION for Summary Judgment by A H Deep LLC. (Urman, Gary) |
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Filing 32
ORDER issued: General Order No. 3: Plaintiff's Jury Demand Stricken. Trial, if necessary, will be to the court, not a jury. Signed by Judge H Russel Holland on 6/1/16. (SJF)
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| Filing 31 NOTICE of Service of Discovery filed by A H Deep LLC. (Urman, Gary) |
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Filing 30
ORDER -- General Order No. 2: Motion to Strike Plaintiff's Jury Demand: In Brooke v. Drury Southwest Incorporated, No. 2:16-cv-00050-HRH, defendant has moved to strike plaintiff's jury demand. Parties in other, active Brooke cases are hereby notified of the foregoing motion, are advised that the court's ruling on that motion is likely to extend to other Brooke cases, and therefore the parties to the other, active Brooke cases are invited to file notices of joinder (with or without a supporting memorandum) in Drury Southwest on or before May 27, 2016. If submitted, a supporting memorandum shall be no more than 5 pages, inclusive of case caption and signature page. Plaintiff may reply to memoranda filed in connection with the motion to strike jury demand on or before June 6, 2016. Plaintiff's replies shall be no more than 5 pages, inclusive of case caption and signature page. Signed by Judge H Russel Holland on 5/13/16. (SJF)
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| Filing 29 Witness List by Theresa Brooke. (Strojnik, Peter) |
| Filing 28 NOTICE of Service of Discovery filed by A H Deep LLC. (Urman, Gary) |
| Filing 27 NOTICE of Deposition of Shamsher Singh, filed by Theresa Brooke. (Strojnik, Peter) |
| Filing 26 NOTICE of Deposition of Kalbinder Bajwa, filed by Theresa Brooke. (Strojnik, Peter) |
| Filing 25 NOTICE of Service of Discovery filed by Theresa Brooke. (Strojnik, Peter) |
| Filing 24 NOTICE of Service of Discovery filed by Theresa Brooke. (Strojnik, Peter) |
| Filing 23 MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Settlement Conference held on 3/17/2016. Settlement not reached. APPEARANCES: Peter Strojnik for and with Plaintiff, Theresa Brooke with client representatives Allen Brooke and Danielle Jones. Gary Urman for Defendant with client representative, Shamsher Singh. Hearing was not recorded. Hearing held 1:30 PM to 4:10 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CIS) |
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Filing 22
MINUTE ORDER: The undersigned in his capacity as the settlement judge in this matter considered the Plaintiff's "Notice of (1) Defendant's Failure to Abide by Doc. 19 Order and (2) Futility of Settlement Conference (Doc. 21)." After telephonic conference with Defendant's counsel in which Defendant agreed to provide its response to Plaintiff's settlement demand, IT IS ORDERED AFFIRMING the March 17, 2016 Settlement Conference. Ordered by Magistrate Judge David K. Duncan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DKD/ ah)
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| Filing 21 NOTICE re: (1) Defendant's Failure to Abide by Doc. 19 Settlement Conference Order, and (2) Futility of Settlement Conference by Theresa Brooke . (Attachments: #1 Exhibit)(Strojnik, Peter) |
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Filing 20
ORDER: Settlement Conference Order #19 revised as set forth in this order (see order for complete details). Signed by Magistrate Judge David K Duncan on 2/26/16. (REW)
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Filing 19
PARTIALLY REVISED by Order #20 - SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 3/17/2016 at 01:30 PM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K Duncan. Each party shall provide the Court with that party's Settlement Conference Memorandum, at least five (5) business days before the Settlement Conference. The Settlement Conference Memoranda shall NOT be filed with the Clerk. Please review order for further details. Signed by Magistrate Judge David K Duncan on 1/27/16. (SJF) Modified on 2/26/2016 (REW).
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| Filing 18 NOTICE of Service of Discovery filed by A H Deep LLC. (Urman, Gary) |
| Filing 17 NOTICE of Service of Discovery filed by Theresa Brooke. (Strojnik, Peter) |
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Filing 16
SCHEDULING AND PLANNING ORDER: Discovery due by 5/30/2016. Dispositive motions due by 6/30/2016. (See Order for complete details.) Signed by Judge H Russel Holland on 11/23/2015. (ATD)
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| Filing 15 REPORT of Rule 26(f) Planning Meeting by Theresa Brooke. (Strojnik, Peter) |
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Filing 14
ORDER FROM CHAMBERS - The time for the parties to submit their scheduling and planning report was extended to November 6, 2015, unless closing papers were sooner filed. A recent check of the docket sheet indicates that the report has not been filed. The parties will please submit the scheduling and planning report by November 23,2015. (ATD)
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Filing 13
ORDER FROM CHAMBERS granting #12 Motion for Extension of Time Deadline. The time for plaintiff to serve and file the parties' report with the court is extended to November 6, 2015, unless closing papers are sooner filed. (KGM)
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| Filing 12 *MOTION for Extension of Time to Comply with Order #11 re: NOTICE of Active Negotiation by Theresa Brooke. (Strojnik, Peter) *Modified from Notice on 10/7/2015* (REW). |
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Filing 11
ORDER FROM CHAMBERS: counsel for all parties shall conduct a preliminary scheduling conference within 14 days from service of this order for purposes of jointly completing a scheduling and planning report. The report should conform to the attached form. Within 21 days from service of this order, counsel for plaintiff shall serve and file the parties' report with the court. (SJF)
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| Filing 10 Corporate Disclosure Statement by A H Deep LLC. (Urman, Gary) |
| Filing 9 ANSWER to #1 Complaint by A H Deep LLC.(Urman, Gary) |
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Filing 8
General ORDER No. 1: This Order is being entered in and shall have application to proceedings in all presently pending and subsequently filed Americans with Disabilities Act (ADA) cases commenced by plaintiff Theresa Brooke and pending before Judge Holland. In Brooke cases where no appearance or answer has been made on behalf of defendants, it shall be the responsibility of counsel for plaintiff to notify counsel for defendants, as they appear or answer, of the existence of this order and its applicability in all of the Brooke cases. The Brooke cases are not consolidated for any purpose. As answers are filed, the court will enter a standard minute order covering a report form. A conference of counsel will be required for the purpose of filling out the report form, which the court will use to establish a schedule for the pretrial development of each case. Based upon input from counsel, cases may or may not proceed on an identical schedule. Scheduling conference dates presently calendared are VACATED. See Order for full details on case management, scheduling, discovery and motion practice. Signed by Judge H Russel Holland on 8/24/15. (SJF)
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| Filing 7 SERVICE EXECUTED filed by Theresa Brooke: Proof of Service re: Summons & Verified Complaint upon A H Deep LLC on 08/19/2015. (Strojnik, Peter) |
| Filing 6 MINUTE ORDER: Due to a clerical error, this case is now assigned to Judge H Russel Holland and is no longer assigned to Judge Diane J Humetewa. All future filings shall reflect the following case number: CV-15-01581-PHX-HRH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 5 Summons Issued as to A H Deep LLC. (KGM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 Filing fee paid, receipt number 0970-12009349. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-15-1581-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KGM) |
| Filing 3 SUMMONS Submitted by Theresa Brooke (submitted by Peter Stojnik). (KGM) |
| Filing 2 Additional Attachments (civil cover sheet) to Main Document re: #1 Complaint by Plaintiff Theresa Brooke (submitted by Peter Stojnik). (KGM) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-12009349 filed by Theresa Brooke (submitted by Peter Stojnik).(KGM) |
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| Plaintiff: Theresa Brooke | |
| Represented By: | Peter Kristofer Strojnik |
| Represented By: | Peter Strojnik |
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| Defendant: A H Deep LLC an Arizona Limited Liability Company doing business as Days Inn Buckeye | |
| Represented By: | Gary Frank Urman |
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