Excel Fortress Limited v. Wilhelm et al

Plaintiff: EFG America LLC and Excel Fortress Limited
Defendant: Unknown Parties, Vaughn La Verl Wilhelm, Ryan McHugh, Eversource Capital LP, Eversource Global Technology LLC and Eversource Group LP
Case Number: 2:2017cv04297
Filed: November 22, 2017
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: XX Outside US
Presiding Judge: Dominic W Lanza
Referring Judge: John J Tuchi
Nature of Suit: Other Statutes: Other Statutory Actions
Cause of Action: 18 U.S.C. § 1836
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2019 Filing 186 SEALED Exhibits 2, 3 and 4 to Exhibit A, the #182 Declaration of D. Elroy Fimrite, to Plaintiff EFG America, LLC's Response to Defendant's Statement of Undisputed Material Facts and Statement of Additional Material Facts That Preclude Summary Judgment by EFG America LLC. (MAP)
September 13, 2019 Filing 185 ORDER granting #183 Motion to Seal. The Clerk of Court shall seal Exhibits 2, 3 and 4 to Exhibit A, the Declaration of D. Elroy Fimrite, to Plaintiff EFG America, LLC's Response to Defendant's Statement of Undisputed Material Facts and Statement of Additional Material Facts That Preclude Summary Judgment. Signed by Judge Dominic W Lanza on 9/13/19. (MAP)
September 12, 2019 Filing 184 *FILED at Doc. #186 *SEALED LODGED Proposed Exhibits 2, 3 and 4 to Exhibit A, the Declaration of D. Elroy Fimrite, to Plaintiff EFG America, LLCs Response to Defendants Statement of Undisputed Material Facts and Statement of Additional Material Facts That Preclude Summary Judgment re: #183 MOTION to Seal Document Exhibits 2, 3 and 4 to the Declaration of D. Elroy Fimrite contemporaneously-filed as Exhibit A to Plaintiff EFG America, LLCs Response to Defendants Statement of Undisputed Material Facts and Statement of Additional Mater. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by EFG America LLC. (Hinshaw, Scot) *Modified on 9/13/2019 (MAP).
September 12, 2019 Filing 183 MOTION to Seal Document Exhibits 2, 3 and 4 to the Declaration of D. Elroy Fimrite contemporaneously-filed as Exhibit A to Plaintiff EFG America, LLCs Response to Defendants Statement of Undisputed Material Facts and Statement of Additional Material Facts That Preclude Summary Judgment(Unopposed) by EFG America LLC. (Attachments: #1 Text of Proposed Order)(Hinshaw, Scot)
September 12, 2019 Filing 182 * RESPONSE to #158 DEFENDANT'S STATEMENT OF UNDISPUTED MATERIAL FACTS AND STATEMENT OF ADDITIONAL MATERIAL FACTS THAT PRECLUDE SUMMARY JUDGMENT by Plaintiff EFG America LLC. (Attachments: #1 Exhibit A - Declaration of D. Elroy Fimrite, #2 Exhibit B - Declaration of Vaughn La Verl Wilhelm, #3 Exhibit C - Declaration of Scot A. Hinshaw)(Hinshaw, Scot) * Modified to correct event and document linkage; attorney noticed on 9/13/2019 (LAD).
September 12, 2019 Filing 181 RESPONSE to Motion re: #157 MOTION for Summary Judgment filed by EFG America LLC. (Hinshaw, Scot)
September 11, 2019 Filing 180 REPLY to Response to Motion re: #171 MOTION for Sanctions filed by Vaughn La Verl Wilhelm. (Attachments: #1 Exhibit 4 to Reply In Support of Defendant's Rule 11 Motion for Sanctions, #2 Exhibit 5 to Reply In Support of Defendant's Rule 11 Motion for Sanctions)(McHugh, John)
September 4, 2019 Filing 179 ORDER: IT IS ORDERED that Defendant Vaughn Wilhelm's motion for extension of time (Doc. #178 ) is granted. Defendant Wilhelm's deadline to file a reply in support of his Rule 11 motion is extended to September 11, 2019. Ordered by Judge Dominic W Lanza on 9/4/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
September 3, 2019 Filing 178 MOTION for Extension of Time to File Response/Reply as to #171 MOTION for Sanctions by Vaughn La Verl Wilhelm. (Attachments: #1 Text of Proposed Order re Motion for Extension of Time to File Reply)(McHugh, John)
August 29, 2019 Filing 177 REPLY to Response to Motion re: #167 MOTION for Attorney Fees and Costs Incurred in Briefing and Arguing Its Rule 37 Motion Defendant's Reply in Support of Motion for Award of Attorneys' Fees and Related Non-Taxable Expenses filed by Vaughn La Verl Wilhelm. (Attachments: #1 Exhibit 1)(McHugh, John)
August 28, 2019 Filing 176 *RESPONSE in Opposition re: #171 MOTION for Sanctions filed by EFG America LLC. (Attachments: #1 Exhibit 1 - V. Wilhelm Resume, #2 Exhibit 1 - Plaintiffs' Second Amended and Supplemental Mandatory Initial Discovery Responses)(Hinshaw, Scot) *Modified to correct filer on 8/29/2019 (REK).
August 22, 2019 Filing 175 *Amended RESPONSE to Motion re: #167 MOTION for Attorney Fees and Costs Incurred in Briefing and Arguing Its Rule 37 Motion (Amended) filed by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Exhibit 1 - Objections to Statement of Fees, #2 Exhibit 2 - Declaration of Anthony King, #3 Text of Proposed Order)(Hinshaw, Scot) *Modified to reflect "amended" on 8/23/2019 (REK).
August 22, 2019 Filing 174 RESPONSE to Motion re: #167 MOTION for Attorney Fees and Costs Incurred in Briefing and Arguing Its Rule 37 Motion filed by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Exhibit 1 - Objections to Statement of Fees and Costs, #2 Exhibit 2 - Declaration of Anthony King, #3 Text of Proposed Order)(Hinshaw, Scot)
August 20, 2019 Filing 173 ORDER: IT IS ORDERED that: (1) Plaintiffs' motion to voluntarily dismiss with prejudice certain claims (Doc. #165 ) is granted; and (2) Counts III, IV, V, and VII of the Second Amended Complaint are dismissed with prejudice against Defendant Wilhelm, with each party to bear its own attorneys' fees and costs with regard to these dismissed claims. Signed by Judge Dominic W Lanza on 8/20/19. (MAW)
August 16, 2019 Filing 172 RESPONSE to Motion re: #165 MOTION to Dismiss Counts/Claims : III (business disparagement), IV (tortious inteference with contractual and prospective business relationships), V (breach of contract) and VII (conversion) Voluntarily and With Prejudice filed by Vaughn La Verl Wilhelm. (McHugh, John)
August 14, 2019 Filing 171 MOTION for Sanctions by Vaughn La Verl Wilhelm. (Attachments: #1 Text of Proposed Order [Propre: Defendant's Motion for Rule 11 Sanctions, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(McHugh, John)
August 13, 2019 Filing 170 ORDER: IT IS ORDERED that: (1) EFG's Rule 56(d) motion (Doc. #160 ) is denied; (2) The parties' stipulation (Doc. #169 ) is granted; (3) Depositions shall be stayed pending resolution of Wilhelm's motion for summary judgment; (4) EFG's response to Wilhelm's motion for summary judgment must be filed by September 12, 2019; and (5) Wilhelm's reply in support of his motion for summary judgment must be filed within 15 days after service of EFG's response [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/13/19. (MAW)
August 8, 2019 Filing 169 Joint MOTION to Stay Depositions (stipulated) by Vaughn La Verl Wilhelm. (Attachments: #1 Text of Proposed Order re: Joint Stipulated Motion to Stay Depositions)(McHugh, John)
August 8, 2019 Filing 168 MEMORANDUM in Support of #167 MOTION for Attorney Fees and Costs Incurred in Briefing and Arguing Its Rule 37 Motion by Defendant Vaughn La Verl Wilhelm. (Attachments: #1 Affidavit from J. McHugh, #2 Exhibit 1 to J. McHugh Affidavit, #3 Exhibit 2 to J. McHugh Affidavit, #4 Exhibit 3 to J. McHugh Affidavit, #5 Exhibit 4 to J. McHugh Affidavit, #6 Affidavit from W. Thomas, #7 Exhibit 5 to Thomas Affidavit, #8 Affidavit from C. McHugh, #9 Affidavit from J. Matura)(McHugh, John)
August 8, 2019 Filing 167 MOTION for Attorney Fees and Costs Incurred in Briefing and Arguing Its Rule 37 Motion by Vaughn La Verl Wilhelm. (Attachments: #1 Text of Proposed Order re: Defendant's Motion for an Award of Reasonable Fees and Costs Incurred in Briefing and Arguing Its Rule 37 Motion)(McHugh, John)
August 5, 2019 Filing 166 Additional Attachments to Main Document re: #165 MOTION to Dismiss Counts/Claims : III (business disparagement), IV (tortious inteference with contractual and prospective business relationships), V (breach of contract) and VII (conversion) Voluntarily and With Prejudice - Exhibit 1 by Plaintiffs EFG America LLC, Excel Fortress Limited. (Hinshaw, Scot)
August 2, 2019 Filing 165 MOTION to Dismiss Counts/Claims : III (business disparagement), IV (tortious inteference with contractual and prospective business relationships), V (breach of contract) and VII (conversion) Voluntarily and With Prejudice by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Text of Proposed Order)(Hinshaw, Scot)
July 25, 2019 Filing 164 ORDER: Pending before the Court is the parties' "Joint Written Memorandum Regarding Remedies." (Doc. #159 .) In this memorandum, Defendant Vaughn La Verl Wilhelm asks the Court to impose about $27,000 in sanctions against Plaintiffs under Rule 37. For the following reasons, this request will be granted in part and denied in part. Defendant may file a motion for attorneys fees limited to the fees incurred when briefing and arguing the Rule 37 motion [see attached Order for details]. Signed by Judge Dominic W Lanza on 7/25/19. (MAW)
July 24, 2019 Filing 163 REPLY to Response to Motion re: #160 MOTION to Defer Consideration of Defendant's Motion for Summary Judgment re: #157 MOTION for Summary Judgment filed by EFG America LLC. (Hinshaw, Scot)
July 17, 2019 Filing 162 RESPONSE to Motion re: #160 MOTION to Defer Consideration of Defendant's Motion for Summary Judgment re: #157 MOTION for Summary Judgment filed by Vaughn La Verl Wilhelm. (Thomas, William)
July 15, 2019 Filing 161 ORDER: Plaintiff has filed a "Motion to Defer Consideration of Defendant's Motion for Summary Judgment" (Doc. #160 ), in which Plaintiff seeks to extend the deadline for responding to Defendant's motion for summary judgment until after Defendant's deposition has been taken. Plaintiff's 56(d) motion is not yet fully briefed. Accordingly, IT IS ORDERED that the response and reply deadlines for Defendant's motion for summary judgment (Doc. #157 ) are temporarily suspended pending the Court's ruling on Plaintiff's 56(d) motion. Ordered by Judge Dominic W Lanza on 7/15/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
July 12, 2019 Filing 160 MOTION to Defer Consideration of Defendant's Motion for Summary Judgment re: #157 MOTION for Summary Judgment by EFG America LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Text of Proposed Order)(Hinshaw, Scot)
July 8, 2019 Filing 159 MEMORANDUM Joint Written Memorandum Regarding Remedies by Defendant Vaughn La Verl Wilhelm. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(McHugh, John)
July 2, 2019 Filing 158 STATEMENT OF FACTS re: #157 MOTION for Summary Judgment by Defendant Vaughn La Verl Wilhelm. (McHugh, John)
July 2, 2019 Filing 157 MOTION for Summary Judgment by Vaughn La Verl Wilhelm. (Attachments: #1 Affidavit Declaration of Vaughn Wilhelm In Support of Wilhelm Motion for Summary Judgement, #2 Affidavit Declaration of John M. McHugh In Support of Wilhelm Motion for Summary Judgement, #3 Exhibit 1 to McHugh Declaration, #4 Exhibit 2 to McHugh Declaration, #5 Exhibit 3 to McHugh Declaration, #6 Exhibit 4 to McHugh Declaration, #7 Exhibit 5 to McHugh Declaration)(McHugh, John)
June 25, 2019 Filing 155 *AMENDED TRANSCRIPT REQUEST, pursuant to Notice of Deficiency 154 , by EFG America LLC for proceedings held on 06/17/2019, Judge Dominic W Lanza hearing judge(s). (Hinshaw, Scot) *Modified to reference amended version on 6/25/2019 (RAP).
June 25, 2019 Filing 154 NOTICE TO FILER OF DEFICIENCY re: #153 Transcript Request filed by EFG America LLC. Filed on outdated form. FOLLOW-UP ACTION REQUIRED: Please ensure you use the most current version AZ Form (Rev. 10/2018) AO435 Transcript Order form available at the district's webpage. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP)
June 25, 2019 Filing 153 TRANSCRIPT REQUEST by EFG America LLC for proceedings held on 06/17/2019, Judge Dominic W Lanza hearing judge(s). (Hinshaw, Scot)
June 21, 2019 Filing 152 TRANSCRIPT REQUEST by Vaughn La Verl Wilhelm for proceedings held on 6/17/2019, Judge Dominic W Lanza hearing judge(s). (McHugh, John)
June 17, 2019 Filing 151 ORDER: IT IS ORDERED that: (1) Wilhelm's motion for sanctions (Doc. #134 ) is granted in part and denied in part; (2) The parties must meet and confer to address (1) whether the $20.8 million damage claim is one that could survive summary judgment; (2) what additional steps Wilhelm would need to pursue to cure the prejudice arising from Plaintiffs' misleading November 2018 email, how much such steps would cost, and who should bear the associated expense; and (3) what additional steps Wilhelm would need to pursue to cure the prejudice arising from Plaintiffs' misleading statements and disclosures concerning the Dr. Li payments, how much such steps would cost, and who should bear the associated expense; and (3) By July 8, 2019, the parties must file a joint memorandum not exceeding 17 pages in length that addresses the aforementioned issues [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/17/19. (MAW)
June 17, 2019 Filing 150 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Motion Hearing held on 6/17/2019 re: Defendant's Motion for Rule 37 Sanctions (Doc. #134 ). Argument held. For reasons as stated on the record, IT IS ORDERED directing the parties to meet and confer and then jointly file a supplemental brief (not to exceed 17 pages) no later than July 8, 2019. APPEARANCES: Scot Hinshaw for Plaintiffs. John McHugh and William Thomas for Defendant. Defendant Vaughn Wilhelm is present. (Court Reporter Candy Potter) Hearing held 1:31 PM to 2:51 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
June 12, 2019 Filing 149 SUPPLEMENT Supplemental Response to Plaintiffs' Memorandum in Opposition to Defendant's Motion for Rule 37 Sanctions by Plaintiffs EFG America LLC, Excel Fortress Limited. (Attachments: #1 Exhibit Exhibit 1 to Supplemental Response to Plaintiffs Memorandum in Opposition)(Hinshaw, Scot)
June 4, 2019 Filing 148 ORDER: The hearing on Wilhelm's motion for sanctions has been reset for June 17, 2019. The first footnote in Wilhelm's motion (Doc. #134 at 2 n.1) accuses Plaintiffs of making false statements to the Court and opposing counsel concerning the existence of settlement negotiations between Plaintiffs and Dr. Li during the summer/fall of 2018. It doesn't appear that Plaintiffs addressed this accusation in their response brief (Doc. #136 ). Accordingly, Plaintiffs shall, by the close of business on June 13, 2019, file a supplemental brief not longer than three (3) pages in length addressing this accusation. No reply may be filed. Ordered by Judge Dominic W Lanza on 6/4/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
June 4, 2019 Filing 147 ORDER: IT IS ORDERED that Plaintiffs' Unopposed Motion (Doc. #146 ) is granted. The motion hearing presently set for June 10, 2019 is reset to June 17, 2019 at 1:30 p.m. in Courtroom 601 re: #134 Motion for Sanctions. Ordered by Judge Dominic W Lanza on 6/4/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
June 4, 2019 Filing 146 First MOTION to Continue June 10, 2019 Hearing on Motion for Sanctions (Unopposed) by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Text of Proposed Order)(Hinshaw, Scot)
June 3, 2019 Filing 145 MINUTE ORDER: Motion Hearing set for 6/10/2019 at 03:00 PM in Courtroom 601, 401 West Washington Street, Phoenix, AZ 85003 before Judge Dominic W Lanza as to #134 MOTION for Sanctions. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
May 13, 2019 Filing 144 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by John M McHugh. (McHugh, John)
April 23, 2019 Filing 143 ORDER granting #142 Joint Stipulated Motion to Extend Discovery Schedule for Depositions. IT IS FURTHER ORDERED that the following changes shall be made to the Scheduling Order (Doc. #55 ) and Order Amending Scheduling Order (Doc. #132 ) in this matter: 1. The deadlines for completion of depositions and good faith settlement discussions shall be extended from May 24, 2019 to August 26, 2019. 2. The deadlines for filing dispositive motions and Daubert motions shall be extended from June 24, 2019 to September 25, 2019. Signed by Judge Dominic W Lanza on 4/23/19. (MAW)
April 18, 2019 Filing 142 Joint MOTION for Extension of Time to Complete Depositions (Second Request) by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Text of Proposed Order)(Hinshaw, Scot)
April 15, 2019 Filing 141 ORDER: Pending before the Court is the parties' joint notice of discovery dispute (Doc. #140 ). The Court will overrule Defendant's objections and order him to produce the requested records [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/15/19. (MAW)
April 15, 2019 Filing 140 MEMORANDUM Joint Written Summary of Discovery Dispute Regarding Defendant's Telephone Records by Plaintiffs EFG America LLC, Excel Fortress Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hinshaw, Scot)
April 1, 2019 Filing 139 REPLY to Response to Motion re: #134 MOTION for Sanctions for Plaintiffs' Untimely Damages Disclosures and Discovery Misrepresentations filed by Vaughn La Verl Wilhelm. (Attachments: #1 Exhibit K)(McHugh, John)
March 26, 2019 Filing 138 ORDER: IT IS ORDERED that Defendant Vaughn Wilhelm's Unopposed Motion for Extension (Doc. #137 ) is granted. The deadline for Defendant Vaughn Wilhelm to file a reply brief in support of his Motion for Rule 37 Sanctions for Plaintiffs' Untimely Damages Disclosures and Discovery Misrepresentations is extended to April 1, 2019. Ordered by Judge Dominic W Lanza on 3/26/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
March 26, 2019 Filing 137 MOTION for Extension of Time to File Response/Reply as to #134 MOTION for Sanctions for Plaintiffs' Untimely Damages Disclosures and Discovery Misrepresentations by Vaughn La Verl Wilhelm. (Attachments: #1 Text of Proposed Order)(McHugh, John)
March 22, 2019 Filing 136 RESPONSE in Opposition re: #134 MOTION for Sanctions for Plaintiffs' Untimely Damages Disclosures and Discovery Misrepresentations filed by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Hinshaw, Scot)
March 12, 2019 Filing 135 NOTICE of Errata re: #134 MOTION for Sanctions for Plaintiffs' Untimely Damages Disclosures and Discovery Misrepresentations by Defendant Vaughn La Verl Wilhelm.. (McHugh, John)
March 8, 2019 Filing 134 MOTION for Sanctions for Plaintiffs' Untimely Damages Disclosures and Discovery Misrepresentations by Vaughn La Verl Wilhelm. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Errata C, #4 Exhibit D, #5 Errata E, #6 Exhibit F, #7 Exhibit G, #8 Errata H, #9 Errata I, #10 Exhibit J, #11 Text of Proposed Order)(McHugh, John)
March 8, 2019 Filing 133 NOTICE of Appearance by John M McHugh on behalf of Vaughn La Verl Wilhelm. (McHugh, John)
February 14, 2019 Filing 132 ORDER granting #131 Joint Stipulated Motion to Extend Discovery Schedule (First Request). Discovery due by 5/24/19. Dispositive motions due by 6/24/19. Signed by Judge Dominic W Lanza on 2/14/2019. (MMO)
February 13, 2019 Filing 131 Joint MOTION for Extension of Time to Complete Discovery (First Request) by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Text of Proposed Order Draft Amended Scheduling Order)(Hinshaw, Scot)
January 25, 2019 Filing 130 ORDER: IT IS ORDERED granting the Motion to Dismiss (Doc. #123 ) on the following terms: (1) all claims against Defendants McHugh, Eversource Capital LP, Eversource Group, LP, and Eversource Global Technology LLC are dismissed without prejudice, with the condition that, if Plaintiffs seek to reassert any of those claims in the future, such claims must be refiled in this court before the undersigned Judge; and (2) Claims 1 and 2 against Defendant Wilhelm are dismissed without prejudice, with the condition that, if Plaintiffs seek to reassert any of those claims in the future, such claims must be refiled in this court before the undersigned Judge. Signed by Judge Dominic W Lanza on 1/25/19. (MAW)
January 25, 2019 Filing 129 NOTICE re: Accepting Terms of Voluntary Dismissal by EFG America LLC, Excel Fortress Limited re: #128 Order, Set Deadlines . (Hinshaw, Scot)
January 24, 2019 Filing 128 ORDER: IT IS ORDERED that Plaintiffs have 7 days, from today's date, to consider whether to accept the proposed dismissal on the terms outlined above or to withdraw their motion to dismiss #123 . Plaintiffs must, before the expiration of this period, inform the Court of their decision by filing a notice through the CM/ECF system. A failure to respond within this period will be deemed an acceptance of the Court's proposed terms [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/24/19. (MAW)
January 18, 2019 Filing 127 RESPONSE to Motion re: #123 MOTION to Dismiss Party Eversource Capital LP, Eversource Group, LP, Eversource Global Technology LLC, Defendant Ryan McHugh and Counts I and II Against Defendant Vaughn Wilhelm Pursuant to FRCP 41(a)(2) and Without Prejudice MOTION to Dismiss Counts/Claims filed by Eversource Capital LP, Eversource Global Technology LLC, Eversource Group LP. (Attachments: #1 Exhibit A)(Thomas, William)
January 14, 2019 Filing 126 ORDER: IT IS ORDERED granting Defendants' Unopposed Motion for Extension of Time to File Motion for Protective Order (Doc. #125 ). IT IS FURTHER ORDERED that Eversource Defendants may file a motion for a protective order regarding Plaintiffs' Rule 30(b)(6) deposition notices no later than five days after the Court has issued a ruling on Plaintiffs' motion for voluntary dismissal (Doc. #123 ). Ordered by Judge Dominic W Lanza on 1/14/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
January 14, 2019 Filing 125 MOTION for Extension of Time to File Motion for Protective Order by Eversource Global Technology LLC, Eversource Group LP. (Attachments: #1 Text of Proposed Order)(McHugh, John)
January 10, 2019 Filing 123 *MOTION to Dismiss Party Eversource Capital LP, Eversource Group, LP, Eversource Global Technology LLC, Defendant Ryan McHugh, MOTION to Dismiss Counts/Claims and Counts I and II Against Defendant Vaughn Wilhelm Pursuant to FRCP 41(a)(2) and Without Prejudice by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Text of Proposed Order Draft Order for Voluntary Dismissal Without Prejudice)(Hinshaw, Scot). *Added MOTION to Dismiss Counts/Claims on 1/11/2019 (REK).
January 9, 2019 Filing 124 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE proceedings held on 01/04/2019, before Judge DOMINIC W. LANZA. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2019. Redacted Transcript Deadline set for 2/11/2019. Release of Transcript Restriction set for 4/9/2019. (RAP)
January 9, 2019 Filing 122 AMENDED ORDER: IT IS ORDERED that the motion to strike Plaintiffs' expert disclosures (Doc. #92 )is DENIED, but without prejudice as to Dr. Noordermeer and Mr. Kumbalek. IT IS FURTHER ORDERED that Plaintiffs' request to compel Defendants to provide additional discovery material (Doc. #113 ) is DENIED. IT IS FURTHER ORDERED that Plaintiffs' request to compel Defendants to produce Dr. Li for a deposition (Doc. #114 ) is DENIED [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/9/19. (MAW)
January 9, 2019 Filing 121 ORDER: IT IS ORDERED granting Defendants' Motion to Correct January 7, 2019 Order ECF No. 117 (Doc. #119 ). An amended order will issue. Ordered by Judge Dominic W Lanza on 1/9/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
January 8, 2019 Filing 120 TRANSCRIPT REQUEST by EFG America LLC, Excel Fortress Limited for proceedings held on January 4, 2019, Judge Dominic W Lanza hearing judge(s). (Hinshaw, Scot)
January 8, 2019 Filing 119 MOTION to Amend/Correct #117 Order on Motion to Strike by Eversource Capital LP, Eversource Global Technology LLC, Eversource Group LP, Ryan McHugh, Vaughn La Verl Wilhelm. (Thomas, William)
January 7, 2019 Filing 118 TRANSCRIPT REQUEST by Eversource Capital LP, Eversource Global Technology LLC, Eversource Group LP, Ryan McHugh, Vaughn La Verl Wilhelm for proceedings held on January 4, 2019, Judge Dominic W Lanza hearing judge(s). (McHugh, John)
January 7, 2019 Filing 117 *AMENDED by Doc. #122 * ORDER: IT IS ORDERED that the motion to strike Plaintiffs' expert disclosures (Doc. #92 ) is DENIED, but without prejudice as to Dr. Noordermeer and Mr. Kumbalek. IT IS FURTHER ORDERED that Plaintiffs' request to compel Defendants to provide additional discovery material (Doc. #113 ) is DENIED. IT IS FURTHER ORDERED that Plaintiffs' request to compel Defendants to produce Dr. Li for a deposition (Doc. #114 ) is DENIED [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/7/19. (MAW) Modified on 1/9/2019 (MAW).
January 4, 2019 Filing 116 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Discovery Dispute Hearing held on 1/4/2019. Discussion held. Upon agreement of counsel, Defense counsel shall file an opening brief no later than January 14, 2019, regarding what permissible matters Plaintiffs' counsel may discuss at the scheduled 30(b)(6) depositions with respect to Defendants' technology; Plaintiffs' response shall be filed no later than January 21, 2019. The Court will issue its ruling no later than January 28, 2019 [see attached minute entry for details]. (Court Reporter Candy Potter) Hearing held 3:03 PM to 4:03 PM.(MAW)
January 3, 2019 Filing 115 MINUTE ORDER: Telephonic Discovery Dispute Hearing set for 1/4/2019 at 03:00 PM before Judge Dominic W Lanza (Arizona time). Counsel are directed to call 1-888-240-3210 - Access Code: 8559697 five minutes prior to the scheduled hearing time. Counsel are reminded that speaker phones and cell phones are not permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
December 28, 2018 Filing 114 REPORT of Joint Written Summary of Discovery Dispute Regarding Deposition of Li Xing Ru by Plaintiffs EFG America LLC, Excel Fortress Limited. (Attachments: #1 Exhibit 1 - Declaration of McHugh)(Hinshaw, Scot)
December 28, 2018 Filing 113 REPORT of Joint Written Summary of Discovery Dispute Regarding Discovery Requests by Plaintiffs EFG America LLC, Excel Fortress Limited. (Attachments: #1 Exhibit 1 - Wilhelm Responses to Second Set of Discovery, #2 Exhibit 2 - McHugh Responses to Second Set of Discovery, #3 Exhibit 3 - Eversource Group and Eversource Tech Responses to Second Set of Requests, #4 Exhibit 4 - 12-7-18 Email from Hinshaw)(Hinshaw, Scot)
December 17, 2018 Filing 112 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (Hinshaw, Scot)
December 17, 2018 Filing 111 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (Hinshaw, Scot)
December 17, 2018 Filing 110 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (Hinshaw, Scot)
December 11, 2018 Filing 109 REPLY to Response to Motion re: #92 MOTION to Strike PLAINTIFFS EXPERT DISCLOSURES filed by Eversource Capital LP, Ryan McHugh, Vaughn La Verl Wilhelm. (Attachments: #1 Exhibit 2, #2 Exhibit 2-A)(Thomas, William)
December 5, 2018 Filing 107 RESPONSE in Opposition re: #92 MOTION to Strike PLAINTIFFS EXPERT DISCLOSURES filed by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Text of Proposed Order)(Hinshaw, Scot)
November 30, 2018 Filing 106 Corporate Disclosure Statement by Excel Fortress Limited. (King, Anthony)
November 28, 2018 Filing 108 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE HEARING proceedings held on 11/13/2018, before Judge DOMINIC W. LANZA. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/19/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/26/2019. (RAP)
November 28, 2018 Filing 105 ORDER: IT IS HEREBY ORDERED that Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Strike Plaintiffs' Expert Disclosures (Doc. #104 ) is GRANTED. Plaintiffs shall have until December 5, 2018 to file their response to Defendants' Motion to Strike Plaintiffs' Expert Disclosures. Ordered by Judge Dominic W Lanza on 11/28/18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
November 28, 2018 Filing 104 First MOTION for Extension of Time to File Response/Reply as to #92 MOTION to Strike PLAINTIFFS EXPERT DISCLOSURES by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Text of Proposed Order)(Hinshaw, Scot)
November 26, 2018 Filing 103 TRANSCRIPT REQUEST by EFG America LLC, Excel Fortress Limited for proceedings held on November 13, 2018, Judge Dominic W Lanza hearing judge(s). (Hinshaw, Scot)
November 21, 2018 Filing 102 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (King, Anthony)
November 20, 2018 Filing 101 Corporate Disclosure Statement by Eversource Capital LP. (Thomas, William)
November 20, 2018 Filing 100 ORDER - IT IS ORDERED that Plaintiffs' request to compel further discovery responses (Doc. #83 ) is GRANTED IN PART AND DENIED IN PART, as discussed above. IT IS FURTHER ORDERED that Plaintiffs' Amended Motion to Extend Deadline to Submit Report of Rubber Devulcanization Expert (Doc. #88 ) is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion to Transfer and Consolidate (re CV-18-2583-PHX-DJH) (Doc. #79 ) is DENIED. (See document for further details). Signed by Judge Dominic W Lanza on 11/20/18. (Associated Cases: 2:17-cv-04297-DWL, 2:18-cv-02583-DJH) (LAD)
November 20, 2018 Filing 99 ORDER: IT IS ORDERED that Plaintiff Excel Fortress Limited and Defendant Eversource Capital LP file their Corporate Disclosure Statements not later than 10 business days from the date of this Order [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/20/18. (MAW)
November 20, 2018 Filing 98 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (King, Anthony)
November 20, 2018 Filing 97 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (King, Anthony)
November 20, 2018 Filing 96 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (King, Anthony)
November 20, 2018 Filing 95 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (King, Anthony)
November 20, 2018 Filing 94 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (King, Anthony)
November 20, 2018 Filing 93 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (King, Anthony)
November 16, 2018 Filing 92 MOTION to Strike PLAINTIFFS EXPERT DISCLOSURES by Eversource Capital LP, Eversource Global Technology LLC, Eversource Group LP, Vaughn La Verl Wilhelm. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Thomas, William)
November 16, 2018 Filing 91 RESPONSE to Motion re: #88 MOTION for Extension of Time to Submit Report of Rubber Devulcanization Expert and Memorandum of Authorities in Support filed by Eversource Capital LP, Eversource Global Technology LLC, Eversource Group LP, Ryan McHugh, Vaughn La Verl Wilhelm. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Thomas, William)
November 13, 2018 Filing 90 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Discovery Dispute Hearing held on 11/13/2018 [see attached minute entry for details] (Court Reporter Jennifer Pancratz) Hearing held 11:07 AM to 12:38 PM.(MAW)
November 9, 2018 Filing 89 MINUTE ORDER: Telephonic Discovery Dispute Hearing set for 11/13/2018 at 11:00 AM (Arizona time) before Judge Dominic W Lanza. Counsel shall call 1-888-240-3210 five minutes prior to the scheduled hearing and enter access code 9586300. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
November 5, 2018 Filing 88 AMENDED MOTION for Extension of Time to Submit Report of Rubber Devulcanization Expert and Memorandum of Authorities in Support by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order Proposed Order)(King, Anthony)
November 2, 2018 Filing 87 MOTION for Extension of Time to File Report Of Rubber Devulcanization Expert by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Exhibit 1 to the Motion, #2 Exhibit 2 to the Motion, #3 Exhibit 3 to the Motion, #4 Text of Proposed Order related to the Motion)(King, Anthony)
November 2, 2018 Filing 86 REPLY to Response to Motion re: (79 in 2:17-cv-04297-DWL) MOTION to Transfer Related Case and Consolidate for Discovery Purposes filed by EFG America LLC. (Associated Cases: 2:17-cv-04297-DWL, 2:18-cv-02583-DJH) (Hinshaw, Scot)
November 2, 2018 Filing 85 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (King, Anthony)
November 2, 2018 Filing 84 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (King, Anthony)
November 2, 2018 Filing 83 REPORT of Joint Written Summary of Discovery Dispute Pursuant to Court's Rule 16 Scheduling Order by Plaintiffs EFG America LLC, Excel Fortress Limited. (Hinshaw, Scot)
October 31, 2018 Filing 82 MINUTE ORDER: This case is assigned to Judge Dominic W. Lanza. All future filings shall reflect the following case number: CV-17-4297-PHX-DWL. All pending hearings and deadlines are AFFIRMED unless reset by separate order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
October 26, 2018 Filing 81 RESPONSE to Motion re: #79 MOTION to Transfer Related Case and Consolidate for Discovery Purposes filed by Eversource Capital LP, Eversource Global Technology LLC, Eversource Group LP, Ryan McHugh, Vaughn La Verl Wilhelm. (McHugh, John)
October 15, 2018 Filing 80 NOTICE TO FILER OF DEFICIENCY re: #79 MOTION to Transfer Related Case and Consolidate for Discovery Purposes filed by EFG America LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA)
October 15, 2018 Filing 79 MOTION to Transfer Related Case and Consolidate for Discovery Purposes by EFG America LLC. (Attachments: #1 Text of Proposed Order Draft Order) (Associated Cases: CV-17-04297-PHX-JJT and CV-18-02583-PHX-DJH) (Hinshaw, Scot)
October 5, 2018 Filing 78 NOTICE of Attorney Substitution by Anthony Tom King. (King, Anthony)
August 27, 2018 Filing 77 Corporate Disclosure Statement by Eversource Group LP. (McHugh, John)
August 27, 2018 Filing 76 Corporate Disclosure Statement by Eversource Global Technology LLC. (McHugh, John)
August 24, 2018 Filing 75 Corporate Disclosure Statement by EFG America LLC identifying Corporate Parent EF Global Corporation for EFG America LLC. (Hinshaw, Scot)
August 23, 2018 Filing 74 NOTICE TO PARTY OF DEFICIENCY 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 EFG America LLC, Eversource Capital LP, Eversource Global Technology LLC, Eversource Group LP, Excel Fortress Limited. (JAMA)
June 22, 2018 Filing 73 ANSWER to #62 Amended Complaint with Jury Demand by Eversource Global Technology LLC, Eversource Group LP.(McHugh, John)
May 22, 2018 Filing 72 SERVICE EXECUTED filed by EFG America LLC, Excel Fortress Limited: on Eversource Group, LP by Waiver and Response or Answer due June 22, 2018. (Hinshaw, Scot)
May 22, 2018 Filing 71 SERVICE EXECUTED filed by EFG America LLC, Excel Fortress Limited: by Waiver and Response or Answer due June 22, 2018. (Hinshaw, Scot)
May 22, 2018 Filing 70 *WITHDRAWAL of Document by EFG America LLC, Excel Fortress Limited re: #67 Service Executed, #68 Service Executed . (Hinshaw, Scot) *Modified to correct event and text on 5/23/2018 (REK).
May 15, 2018 Filing 68 **WITHDRAWN by #70 **SERVICE EXECUTED filed by EFG America LLC, Excel Fortress Limited: Proof of Service re: Summons and Second Amended Complaint upon Eversource Group, LP via Registered Agent Ryan McHugh on May 8, 2018. (Hinshaw, Scot) * Modified to correct date of service from 5/9/18 to 5/8/18 on 5/16/2018 (LAD). Modified on 5/23/2018 (REK).
May 15, 2018 Filing 67 **WITHDRAWN by #70 ***SERVICE EXECUTED filed by EFG America LLC, Excel Fortress Limited: Proof of Service re: Summons and Second Amended Complaint upon Eversource Global Technology LLC via Registered Agent Ryan McHugh on May 9, 2018. (Hinshaw, Scot) Modified on 5/23/2018 (REK).
May 14, 2018 Filing 69 NOTICE TO FILER OF DEFICIENCY re: #66 Answer to Amended Complaint filed by Eversource Capital LP, Vaughn La Verl Wilhelm, Ryan McHugh. Document not in compliance with LRCiv 7.1(a)(3) which states that party names must be capitalized using proper upper and lower case type. Please do not re-file. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD)
May 14, 2018 Filing 66 ANSWER to #62 Amended Complaint, with Jury Demand by Eversource Capital LP, Ryan McHugh, Vaughn La Verl Wilhelm.(Thomas, William)
May 1, 2018 Filing 65 Summons Issued as to Eversource Global Technology LLC, Eversource Group LP. (Attachments: #1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
April 30, 2018 Filing 64 SUMMONS Submitted by EFG America LLC, Excel Fortress Limited. (Hinshaw, Scot)
April 30, 2018 Filing 63 SUMMONS Submitted by EFG America LLC, Excel Fortress Limited. (Hinshaw, Scot)
April 30, 2018 Filing 62 AMENDED COMPLAINT (SECOND) against Eversource Capital LP, Eversource Global Technology LLC, Eversource Group LP, Ryan McHugh, Vaughn La Verl Wilhelm filed by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Appendix to Second Amended Complaint)(Hinshaw, Scot)
April 23, 2018 Filing 61 ORDER - IT IS HEREBY ORDERED granting Plaintiffs' Motion (Doc. #59 ). Plaintiffs may file their Second Amended Complaint by May 1, 2018. Signed by Judge John J Tuchi on 4/23/18. (LAD)
April 13, 2018 Filing 60 RESPONSE to Motion re: #59 MOTION to Amend/Correct #9 Amended Complaint MOTION for Joinder of Additional Parties filed by Eversource Capital LP, Ryan McHugh, Vaughn La Verl Wilhelm. (Thomas, William)
March 30, 2018 Filing 59 MOTION to Amend/Correct #9 Amended Complaint , MOTION for Joinder of Additional Parties by EFG America LLC, Excel Fortress Limited. (Attachments: #1 Exhibit A - Defendants' Mandatory Initial Discovery Responses, #2 Exhibit B - Portions of Defendant Wilhelm's Discovery Responses, #3 Exhibit C - Portions of Defendant McHugh's Discovery Responses, #4 Exhibit D - Redline Comparison of Proposed Second Amended Complaint to Verified Amended Complaint, #5 Text of Proposed Order)(Hinshaw, Scot)
March 29, 2018 Filing 58 *NOTICE of Service of Discovery filed by Ryan McHugh, Vaughn La Verl Wilhelm, Eversource Capital LP. (Thomas, William) *Modified to add additional filer on 3/30/2018 (REK).
March 26, 2018 Remark: Pro hac vice motion granted for John M McHugh on behalf of movants Eversource Global Technology LLC and Eversource Group LP This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
March 13, 2018 Filing 57 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (Hinshaw, Scot)
March 2, 2018 Filing 56 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by William Benjamin Thomas. (Thomas, William)
February 5, 2018 Filing 55 SCHEDULING ORDER: Discovery due by 3/1/2019. Dispositive motions due by 4/5/2019. (See attached Order for additional deadlines). Signed by Judge John J Tuchi on 2/5/2018. (JAMA)
February 5, 2018 Filing 54 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Scheduling Conference held on 2/5/2018. Deadlines discussed and entered. Scheduling Order to follow. APPEARANCES: Scot Hinshaw and Trisha Lau for Plaintiffs. Melissa England and William Thomas for Defendants. (Court Reporter Elaine Cropper.) Hearing held 9:31 AM to 10:05 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
January 29, 2018 Filing 53 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiffs EFG America LLC, Excel Fortress Limited. (Lau, Trisha)
January 29, 2018 Filing 52 NOTICE of Appearance by Trisha Dyan Farmer Lau on behalf of EFG America LLC, Excel Fortress Limited. (Lau, Trisha)
January 24, 2018 Filing 51 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Scot A Hinshaw. (Hinshaw, Scot)
January 23, 2018 Remark: Pro hac vice motion granted for Charles D Niehaus on behalf of Excel Fortress Limited and EFG America LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
January 19, 2018 Filing 50 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants Eversource Capital LP, Ryan McHugh, Vaughn La Verl Wilhelm. (Matura, Jeffrey)
January 19, 2018 Filing 49 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Jeffrey Charles Matura. (Matura, Jeffrey)
January 19, 2018 Filing 48 NOTICE of Service of Discovery filed by EFG America LLC, Excel Fortress Limited. (Hinshaw, Scot)
January 18, 2018 Filing 47 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs EFG America LLC, Excel Fortress Limited. (Hinshaw, Scot)
December 28, 2017 Remark: Pro hac vice motion granted for George William Vie III on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 27, 2017 Filing 46 ORDER: Rule 16 Scheduling Conference set for 2/5/2018 at 09:30 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. All parties are directed to meet at least 21 days before the Pretrial Scheduling Conference, in accordance with Fed. R. Civ. P. 26(f). (See Order for details.) Signed by Judge John J Tuchi on 12/27/2017. (MMO)
December 19, 2017 Filing 45 * ANSWER to #9 Amended Complaint with Jury Demand by Eversource Capital LP, Ryan McHugh, Vaughn La Verl Wilhelm.(Matura, Jeffrey) *Modified to correct document link on 12/20/2017 (REK).
December 18, 2017 Remark: Pro hac vice motion granted for David T McDowell on behalf of defendants Vaughn LaVerl Wilhelm, Ryan McHugh and Eversource Capital LLP. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 7, 2017 Remark: Pro hac vice motion granted for William B Thomas on behalf of defendants Vaughn La Verl Wilhelm, Ryan McHugh, and Eversource Capital LP. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 5, 2017 Remark: Pro hac vice motion granted for Scot A Hinshaw on behalf of Excel Fortress Limited and EFG America LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 4, 2017 Filing 44 NOTICE of Appearance by Jeffrey Charles Matura on behalf of Eversource Capital LP, Ryan McHugh, Vaughn La Verl Wilhelm. (Matura, Jeffrey)
November 28, 2017 Filing 43 ORDER: IT IS ORDERED that Defendants shall file an answer to Plaintiffs' Complaint (Doc. #1 ) within 21 days from the date of this Order. (See attached Order). Signed by Judge John J Tuchi on 11/28/17. (JAMA)
November 22, 2017 Filing 42 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MAP)
November 22, 2017 Filing 41 Letter Re Transfer of 4:17-cv-1153 from the Southern District of Texas to the District of Arizona. New Case Number: CV-17-4297-PHX-JJT. (MAP)
November 22, 2017 Filing 40 CASE TRANSFERRED IN from District of Texas Southern; Case Number 4:17-cv-01153 . Original file certified copy of transfer order and docket sheet received
November 17, 2017 Interdistrict transfer to United States District Court for the District of Arizona. Case transferred electronically. Case terminated on 11/21/2017. (ghassan, 4) [Transferred from txsd on 11/22/2017.]
November 17, 2017 Filing 39 ORDER TO TRANSFER CASE to United States District Court for the District of Arizona. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from txsd on 11/22/2017.]
November 16, 2017 Filing 38 REPLY in Support of #18 MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, AND ALTERNATIVELY TO TRANSFER, filed by Ryan McHugh, Vaughn La Verl Wilhelm. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F)(Thomas, William) [Transferred from txsd on 11/22/2017.]
November 3, 2017 Filing 37 ORDER: Leave to Reply terminating #36 . By 11/16/2017, the defendants may reply. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from txsd on 11/22/2017.]
October 31, 2017 Filing 36 Unopposed MOTION for Leave to File Reply in Support of Defendants' Motion to Dismiss by Eversource Capital LP, Ryan McHugh, Vaughn La Verl Wilhelm, filed. Motion Docket Date 11/21/2017. (Attachments: #1 Proposed Order)(Thomas, William) [Transferred from txsd on 11/22/2017.]
October 27, 2017 Filing 35 Other EXHIBITS re: #34 Response in Opposition to Motion, by EFG America, LLC, Excel Fortress Limited, filed.(Vie, George) [Transferred from txsd on 11/22/2017.]
October 27, 2017 Filing 34 RESPONSE in Opposition to #18 MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, AND ALTERNATIVELY TO TRANSFER, filed by EFG America, LLC, Excel Fortress Limited. (Attachments: #1 Appendix, #2 Proposed Order)(Vie, George) [Transferred from txsd on 11/22/2017.]
October 9, 2017 Filing 33 Sealed Event, filed. [Transferred from txsd on 11/22/2017.]
October 6, 2017 Filing 32 ORDER. The John and Jane Does are struck. By 10/11/2017, Eversource Capital will designate Dr. Li's employment contract as access restricted #26 . Vaughn La Verl Wilhelm, Ryan McHugh, and Eversource may file Dr. Li's unredacted employment contract under seal #31 . By 10/27/2017, Excel Fortress and EFG America may respond to the defendants' motion to dismiss for lack of personal jurisdiction, improper venue, and alternatively to transfer. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from txsd on 11/22/2017.]
October 5, 2017 Filing 31 Unopposed MOTION to Seal Unredacted Employment Contract by Eversource Capital LP, Ryan McHugh, Vaughn La Verl Wilhelm, filed. Motion Docket Date 10/26/2017. (Attachments: #1 Proposed Order)(Thomas, William) [Transferred from txsd on 11/22/2017.]
October 4, 2017 Filing 30 RESPONSE in Opposition to #26 Opposed MOTION to Lift Designation of Document under Order Protecting Confidentiality, filed by Eversource Capital LP. (Attachments: #1 Proposed Order)(Thomas, William) [Transferred from txsd on 11/22/2017.]
September 20, 2017 Filing 29 Sealed Event, filed. (With attachments) [Transferred from txsd on 11/22/2017.]
September 18, 2017 Filing 28 ORDER. Excel Fortress and EFG America may file Dr. Li Xing Ru's employment contract under seal #27 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from txsd on 11/22/2017.]
September 16, 2017 Filing 27 Unopposed MOTION to Seal Exhibit (Employment Contract) by EFG America, LLC, Excel Fortress Limited, filed. Motion Docket Date 10/10/2017. (Attachments: #1 Proposed Order)(Vie, George) [Transferred from txsd on 11/22/2017.]
September 13, 2017 Filing 26 Opposed MOTION to Lift Designation of Document under Order Protecting Confidentiality by EFG America, LLC, Excel Fortress Limited, filed. Motion Docket Date 10/4/2017. (Attachments: #1 Proposed Order)(Vie, George) [Transferred from txsd on 11/22/2017.]
August 14, 2017 Filing 25 ORDER Protecting Confidentiality terminating #24 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from txsd on 11/22/2017.]
August 13, 2017 Filing 24 Unopposed MOTION for Protective Order by EFG America, LLC, Excel Fortress Limited, filed. Motion Docket Date 9/5/2017. (Attachments: #1 Appendix Item A (Protective Order), #2 Proposed Order)(Vie, George) [Transferred from txsd on 11/22/2017.]
August 10, 2017 Filing 23 NOTICE of Compliance with Case Management Order re: #21 Order, by EFG America, LLC, Excel Fortress Limited, filed. (Vie, George) [Transferred from txsd on 11/22/2017.]
August 9, 2017 Filing 22 STIPULATION re: Joint Case Chronology in compliance with the Courts Management Order of July 31, 2017 by EFG America, LLC, Excel Fortress Limited, filed.(Vie, George) [Transferred from txsd on 11/22/2017.]
July 31, 2017 Filing 21 Management ORDER. EFG America may withhold its response to Eversource Capital's motion to dismiss. By 8/9/2017, the parties will file a chronology. By 8/9/2017, Eversource will give EFG where Vaughn La Verl Wilhelm works. By 8/9/2017, Eversource will give Doctor Li's licensing documents to EFG. By 8/9/2017, EFG will give Li's payment records to Eversource. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from txsd on 11/22/2017.]
July 31, 2017 Filing 20 CONFERENCE MEMORANDUM: Initial conference held. Appearances: George Vie, Charles Niehaus, David T McDowell, William Thomas. Ct Reporter: G. Dye. Order to be entered. Internal review set for 8/14/2017. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from txsd on 11/22/2017.]
July 31, 2017 Filing 19 NOTICE of Appearance by William B. Thomas on behalf of Vaughn La Verl Wilhelm, filed. (Thomas, William) [Transferred from txsd on 11/22/2017.]
July 10, 2017 Filing 18 MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, AND ALTERNATIVELY TO TRANSFER by Eversource Capital LP, Ryan McHugh, Vaughn La Verl Wilhelm, filed. Motion Docket Date 7/31/2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(McDowell, David) [Transferred from txsd on 11/22/2017.]
July 5, 2017 Filing 17 RETURN of Service of SUMMONS Executed as to Vaughn La Verl Wilhelm served on 6/19/2017, answer due 7/10/2017, filed.(Vie, George) [Transferred from txsd on 11/22/2017.]
July 3, 2017 Filing 16 Order Resetting Conference terminating #15 . Initial Conference reset for 7/31/2017 at 11:00 AM in Room 11122 before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from txsd on 11/22/2017.]
June 30, 2017 Filing 15 MOTION for Continuance of Initial Status Conference by EFG America, LLC, Excel Fortress Limited, filed. Motion Docket Date 7/21/2017. (Attachments: #1 Proposed Order)(Vie, George) [Transferred from txsd on 11/22/2017.]
June 30, 2017 Filing 14 RETURN of Service of SUMMONS Executed as to Eversource Capital LP served on 6/20/2017, answer due 7/11/2017, filed.(Vie, George) [Transferred from txsd on 11/22/2017.]
June 30, 2017 Filing 13 RETURN of Service of SUMMONS Executed as to Ryan McHugh served on 6/20/2017, answer due 7/11/2017, filed.(Vie, George) [Transferred from txsd on 11/22/2017.]
June 12, 2017 Summons Re-Issued as to Vaughn La Verl Wilhelm. Issued summons delivered to plaintiff by First-class mail, filed.(hler, 4) [Transferred from txsd on 11/22/2017.]
June 7, 2017 Filing 12 RETURN of Service of SUMMONS Executed as to Vaughn La Verl Wilhelm served on 5/8/2017, answer due 5/30/2017, filed.(Vie, George) [Transferred from txsd on 11/22/2017.]
June 7, 2017 Summons Issued as to Vaughn La Verl Wilhelm. Issued summons delivered to plaintiff by First-class mail, filed.(hler, 4) [Transferred from txsd on 11/22/2017.]
June 6, 2017 Filing 11 Request for Issuance of Summons as to Vaughn La Verl Wilhelm, filed.(Vie, George) [Transferred from txsd on 11/22/2017.]
June 6, 2017 Summons Issued as to Eversource Capital LP, Ryan McHugh. Issued summons delivered to plaintiff by First-class mail, filed.(hler, 4) [Transferred from txsd on 11/22/2017.]
June 5, 2017 Filing 10 Request for Issuance of Summons as to Eversource Capital LP, Ryan McHugh, filed. (Attachments: #1 Continuation Additional Summons)(Vie, George) [Transferred from txsd on 11/22/2017.]
June 5, 2017 Filing 9 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Excel Fortress Limited, EFG America, LLC. (Attachments: #1 Appendix)(Vie, George) [Transferred from txsd on 11/22/2017.]
May 11, 2017 Filing 8 CERTIFICATE OF INTERESTED PARTIES by Excel Fortress Limited, filed.(Vie, George) [Transferred from txsd on 11/22/2017.]
April 19, 2017 Filing 7 ORDER granting #5 Motion for Scot A. Hinshaw to Appear Pro Hac Vice. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from txsd on 11/22/2017.]
April 19, 2017 Filing 6 ORDER granting #4 Motion for Charles D. Niehaus to Appear Pro Hac Vice. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from txsd on 11/22/2017.]
April 18, 2017 Filing 5 MOTION for Scot A. Hinshaw to Appear Pro Hac Vice by Excel Fortress Limited, filed. Motion Docket Date 5/9/2017. (Vie, George) [Transferred from txsd on 11/22/2017.]
April 18, 2017 Filing 4 MOTION for Charles D. Niehaus to Appear Pro Hac Vice by Excel Fortress Limited, filed. Motion Docket Date 5/9/2017. (Vie, George) [Transferred from txsd on 11/22/2017.]
April 14, 2017 Filing 3 ORDER FOR CONFERENCE. Initial Conference set for 7/10/2017 at 03:00 PM in Room 11122 before Judge Lynn N Hughes(Signed by Judge Lynn N Hughes) Parties notified.(smurdock, 4) [Transferred from txsd on 11/22/2017.]
April 14, 2017 Summons Issued as to Excel Fortress Limited. Issued summons delivered to plaintiff by First-class mail, filed.(hler, 4) [Transferred from txsd on 11/22/2017.]
April 13, 2017 Filing 2 Request for Issuance of Summons as to Vaughn La Verl Wilhelm, filed.(Vie, George) [Transferred from txsd on 11/22/2017.]
April 13, 2017 Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-18218223) filed by Excel Fortress Limited. (Attachments: #1 Appendix)(Vie, George) [Transferred from txsd on 11/22/2017.]

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Search for this case: Excel Fortress Limited v. Wilhelm et al
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Defendant: Unknown Parties
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Defendant: Vaughn La Verl Wilhelm
Represented By: William Benjamin Thomas
Represented By: David T McDowell
Represented By: Melissa Jane England
Represented By: John M McHugh
Represented By: Jeffrey Charles Matura
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Defendant: Ryan McHugh
Represented By: William Benjamin Thomas
Represented By: David T McDowell
Represented By: Melissa Jane England
Represented By: Jeffrey Charles Matura
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Defendant: Eversource Capital LP
Represented By: William Benjamin Thomas
Represented By: David T McDowell
Represented By: Melissa Jane England
Represented By: Jeffrey Charles Matura
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Defendant: Eversource Global Technology LLC
Represented By: William Benjamin Thomas
Represented By: John M McHugh
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Defendant: Eversource Group LP
Represented By: William Benjamin Thomas
Represented By: John M McHugh
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Plaintiff: EFG America LLC
Represented By: George William Vie, III
Represented By: Christopher H Bayley
Represented By: Trisha Dyan Farmer Lau
Represented By: Anthony Tom King
Represented By: Scot A Hinshaw
Represented By: Charles D Niehaus
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Plaintiff: Excel Fortress Limited
Represented By: George William Vie, III
Represented By: Scot A Hinshaw
Represented By: Charles D Niehaus
Represented By: Christopher H Bayley
Represented By: Trisha Dyan Farmer Lau
Represented By: Anthony Tom King
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