Jacobs et al v. Wheaton Van Lines Incorporated
| Albert L Jacobs, Jr. and Linda Spector Jacobs |
| Wheaton Van Lines Incorporated |
| 2:2017cv03967 |
| October 27, 2017 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| James A Teilborg |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| None |
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Filing
46
ORDER unconsolidating CV 17-3967 and CV 18-181. CV 18-181 shall remain open and pending before the undersigned. In CV 17-3967 the Clerk of the Court shall enter judgment in favor of Defendant and against Plaintiffs for the reasons stated in this C ourt's Order of June 12, 2018 (Doc. 38 ). The Clerk of the Court shall file a copy of this Order in both CV 17-3967 and CV 18-181; all future filings dealing with CV 18-181 shall be filed in that case number only. IT IS FURTHER ORDERED that t he show cause hearing set for July 11, 2018 at 3:00 p.m. is converted to a status conference in CV 18-181 only. In preparation for this status conference, each side shall file a brief addressing the three issues identified above by July 9, 2018. Signed by Senior Judge James A Teilborg on 6/29/2018. (ATD)
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Filing
38
ORDER: Plaintiffs' Motion for Leave to File (Doc. 7 in CV-18-0181) is GRANTED and lodged Doc. 8 (in CV-18-0181) shall be filed as Plaintiffs' Amended Answer. Plaintiffs' Motions for Sanctions (Doc. 11 in CV-18-0181; Doc. 12 in CV-18-01 81) are DENIED. Plaintiffs' Objections to Defense Counsel's "Limited Appearance" 20 in CV-17-03967; 33 in CV-17-03967 are DENIED/OVERRULED. Plaintiffs' Motion for LEave to File 27 in CV-17-03967 is DENIED. Defendant 9;s Motion to Dismiss 16 in CV-17-03967 based on Rule 12(b)(1) is GRANTED. Defendant's Request for Sanctions (part of 23 in CV-17-03967 is DENIED without prejudice. Plaintiffs' Motion for Summary Judgment 35 in CV-17-03967 is DENIED a s moot (all other relief requested by Plaintiffs is denied as moot). IT IS FURTHER ORDERED that Wheaton Van Lines, Inc. ("Wheaton") shall, within fourteen (14) days, lodge a proposed form of judgment for both CV-17- 03967 (consistent with t his Order) and CV-18-0181 (consistent with the arbitration award in state court entered prior to removal).12 The Jacobs shall have fourteen (14) days to file any objections to the proposed form of judgment. If objections are filed, Wheaton shall r eply within seven (7) days. Alternatively, if in light of this Order, Wheaton determines this Court lacks subject matter jurisdiction over CV-18-0181, Wheaton must (on the same timeline) submit a proposed form of judgment for CV-17-03967 and move to remand CV-18-0181. Signed by Senior Judge James A Teilborg on 6/11/2018. (REK)
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Filing
18
ORDER: IT IS ORDERED that Plaintiffs' Motion for TRO (Doc. 11 ) is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion for Preliminary Injunction (Doc. 13 ) is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion for Default Judgment (Doc. 14 ) is DENIED. The Clerk of the Court shall not enter judgment at this time [see attached Order for details]. Signed by Senior Judge James A Teilborg on 12/13/17. (MAW)
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