Saia Family Limited Partnership v. Kmart Corporation
Plaintiff: Saia Family Limited Partnership
Defendant: Kmart Corporation
Case Number: 2:2018cv01825
Filed: June 11, 2018
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: Michael T Liburdi
Referring Judge: G Murray Snow
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2019 Filing 35 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed October 23, 2019, judgment of dismissal is entered. Plaintiff to take nothing, and the complaint and action are dismissed without prejudice. (SLQ)
October 23, 2019 Opinion or Order Filing 34 ORDER - IT IS ORDERED dismissing this case, without prejudice, and the Clerk of the Court shall enter judgment accordingly. (See document for complete details). Signed by Judge Michael T Liburdi on 10/23/19. (SLQ)
September 24, 2019 Opinion or Order Filing 33 ORDER that this case will be dismissed without further notice on 10/15/2019, unless the Court is advised that the bankruptcy stay has been lifted, or a request for a lifting of the bankruptcy stay has not been ruled on by the bankruptcy court. (See attached order for additional information.) Signed by Judge Michael T. Liburdi on 9/24/2019. (RMW)
September 18, 2019 Filing 32 MINUTE ORDER: This case is reassigned to Judge Michael T. Liburdi. All future filings shall reflect the following case number: CV 18-1825-PHX-MTL. All pending hearings and/or deadlines are AFFIRMED unless reset by separate order.(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (KAR)
June 14, 2019 Filing 31 STATUS REPORT Joint by Saia Family Limited Partnership. (Moon, Lawrence)
February 15, 2019 Filing 30 STATUS REPORT Joint by Saia Family Limited Partnership. (Moon, Lawrence)
December 7, 2018 Filing 29 MINUTE ORDER: This case is reassigned to Judge Susan M Brnovich. All future filings shall reflect the following case number: CV-18-1825-PHX-SMB. Any deadlines and/or hearings are AFFIRMED unless reset by separate order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
October 31, 2018 Filing 28 MINUTE ORDER: This case is reassigned to Judge Dominic W. Lanza. All future filings shall reflect the following case number: CV-18-1825-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. (SJF)
October 18, 2018 Opinion or Order Filing 27 ORDER re: #26 Notice of Filing Bankruptcy - IT IS HEREBY ORDERED that this matter is stayed. IT IS FURTHER ORDERED that counsel file a Joint Status Report on or before February 15, 2019 and every 120 days thereafter, advising the Court whether the bankruptcy stay has been lifted and the case is ready to proceed. If counsel fails to comply with this Order, this matter may be dismissed without further notice. IT IS FURTHER ORDERED vacating all pending, hearings and/or deadlines. IT IS FURTHER ORDERED denying the pending Motion to Dismiss for Lack of Jurisdiction (Doc. #9 ) without prejudice upon its refiling after the bankruptcy stay has been lifted. Signed by Chief Judge G Murray Snow on 10/18/18. (LAD)
October 17, 2018 Filing 26 NOTICE OF FILING BANKRUPTCY Upon the Record as to Kmart Corporation by Kmart Corporation. (Chow, Teresa)
October 12, 2018 Filing 25 NOTICE re: of Intent by Saia Family Limited Partnership . (Attachments: #1 Exhibit Subpoena Duces Tecum)(Moon, Lawrence)
October 11, 2018 Filing 24 NOTICE of Service of Discovery filed by Saia Family Limited Partnership. (Moon, Lawrence)
October 4, 2018 Filing 23 AMENDED COMPLAINT against Kmart Corporation filed by Saia Family Limited Partnership. (Attachments: #1 Exhibit Exhibit A)(Moon, Lawrence)
September 20, 2018 Filing 22 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Saia Family Limited Partnership. (Moon, Lawrence)
September 13, 2018 Opinion or Order Filing 21 CASE MANAGEMENT ORDER: Discovery due by 5/17/2019. Dispositive motions due by 12/6/2019. See attached Order for details. Signed by Chief Judge G Murray Snow on 9/13/2018. (KFZ)
September 13, 2018 Filing 20 MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Scheduling Conference held on 9/13/2018. Deadlines discussed and entered. Order to follow. APPEARANCES: Lawrence Moon for Plaintiff. Teresa Chow and Roopali Desai for Defendant. (Court Reporter Charlotte Powers.) Hearing held 9:45 AM to 10:03 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ)
September 6, 2018 Filing 19 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Joint Case Management Report filed by Plaintiff Saia Family Limited Partnership. (Poli, Michael)
August 10, 2018 Filing 18 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Saia Family Limited Partnership. (Moon, Lawrence)
July 31, 2018 Opinion or Order Filing 17 ORDER pursuant to #16 Stipulation - Scheduling (Case Management) Conference reset for 9/13/2018 at 09:45 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. The parties' deadline to meet and confer in advance of the Case Management Conference and the parties' deadline to file the Joint Case Management Report described in the Order Setting Rule 16 Case Management Conference (Doc. #7 ) are appropriately extended. Signed by Judge G Murray Snow on 7/31/18. (LAD)
July 27, 2018 Filing 16 STIPULATION re: #7 Order, Set/Reset Hearings by Saia Family Limited Partnership. (Attachments: #1 Text of Proposed Order Proposed Order)(Moon, Lawrence)
July 20, 2018 Filing 15 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Saia Family Limited Partnership. (Moon, Lawrence)
July 18, 2018 Filing 14 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Kmart Corporation. (Desai, Roopali)
July 17, 2018 Filing 13 NOTICE of Errata re: #11 Response to Motion to Dismiss for Lack of Jurisdiction by Plaintiff Saia Family Limited Partnership.. (Attachments: #1 Errata Deferred Maintenance Report)(Moon, Lawrence)
July 16, 2018 Filing 12 REPLY to Response to Motion re: #9 MOTION to Dismiss for Lack of JurisdictionMOTION to Dismiss for Failure to State a Claim filed by Kmart Corporation. (Desai, Roopali)
July 10, 2018 Remark: Pro hac vice motions granted for Joelle A Berle and Teresa Chow on behalf of defendant. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 29, 2018 Filing 11 RESPONSE to Motion re: #9 MOTION to Dismiss for Lack of JurisdictionMOTION to Dismiss for Failure to State a Claim filed by Saia Family Limited Partnership. (Attachments: #1 Exhibit Ex. 1 Deferred Maintenance Report)(Moon, Lawrence)
June 18, 2018 Filing 10 ANSWER to #1 Notice of Removal [Complaint] by Kmart Corporation.(Beauchamp, Keith)
June 18, 2018 Filing 9 *MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Kmart Corporation. (Attachments: #1 Exhibit A)(Beauchamp, Keith). *Modified to add motion on 6/19/2018 (DXD).
June 13, 2018 Filing 8 Corporate Disclosure Statement by Saia Family Limited Partnership. (Moon, Lawrence)
June 12, 2018 Opinion or Order Filing 7 ORDER - Scheduling Conference is set for 8/24/2018 at 9:30 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Signed by Judge G Murray Snow on 6/12/2018. (KFZ)
June 12, 2018 Filing 6 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. (MCO)
June 12, 2018 Filing 3 DECLARATION of Roopali H. Desai in Support of Defendants Notice of Removal of Action 28 U.S.C. 1332, 1441 and 1446 (Diversity) and Request for Judicial Notice re: #1 Notice of Removal by Defendant Kmart Corporation. (Desai, Roopali)
June 11, 2018 Filing 5 Filing fee paid, receipt number 0970-15601398. This case has been assigned to the Honorable G Murray Snow. All future pleadings or documents should bear the correct case number: CV-18-01825-PHX-GMS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO)
June 11, 2018 Filing 4 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 Saia Family Limited Partnership. (MCO)
June 11, 2018 Filing 2 Corporate Disclosure Statement by Kmart Corporation identifying Corporate Parent Sears Holdings Corporation for Kmart Corporation. (Desai, Roopali) (MCO)
June 11, 2018 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2018-004620. Filing fee received: $ 400.00, receipt number 0970-15601398 filed by Kmart Corporation. (Desai, Roopali) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(MCO)
June 11, 2018 ***STATE COURT RECORDS RECEIVED***SERVICE EXECUTED: Certificate of Service re: Summons/Complaint/Certificate of Arbitration upon Kmat Corporation c/o CT Corporation Systems on 5/11/2018. (original filed in Maricopa County Superior Court on 5/16/2018. (MCO) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Plaintiff: Saia Family Limited Partnership
Represented By: Michael N Poli
Represented By: Lawrence Robert Moon
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Defendant: Kmart Corporation
Represented By: Roopali H Desai
Represented By: Joelle A Berle
Represented By: Keith Beauchamp
Represented By: Teresa Carey Chow
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