Eversource Capital LP v. Fimrite et al
| Eversource Capital LP |
| DFG Global AG, Texas Gas Holdings LLC, Eyelash LLC, EF Global Corporation, Sophie Brown LLC, Charles D Niehaus, Fat Kid LLC, First Follower LLC, Donald Carroll, Douglass Elroy Fimrite, Mark Boyd, Niehaus Kalas Hinshaw Limited, Douglas Elroy Fimrite, Tex-Gas Holdings LLC, Don Carroll, Charles Niehaus, Carey Holdings Limited, Texen Holdings LLC, Gate Corporation, International Tejas Operating LLC, Doris Fimrite and Niehaus Wise & Kalas |
| EFG America LLC, DRM Elastomers LLC, Enviropark Texas LLC, Ocean Sky Finance, Niehaus Wise & Kalas Limited, EFG Polymers LLC and D&H Sophie Brown LLC |
| 2:2018cv02583 |
| August 15, 2018 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| XX US, Outside State |
| Diane J Humetewa |
| Stephen M McNamee |
| Contract: Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on November 13, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 74
RULE 16 SCHEDULING ORDER: Discovery due by 8/30/2019. Dispositive motions due by 11/29/2019. ORDERED vacating the Rule 16 Scheduling Conference set for 11/16/2018. Signed by Judge Diane J Humetewa on 11/13/2018. (See Order for details.) (LFIG)
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| Filing 73 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiff Eversource Capital LP. Please Note: Document Number #72 re-docketed using the correct event for statistical and case management purposes. (REK) |
| Filing 72 *Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) by Plaintiff Eversource Capital LP. (McHugh, John) *Modified text on 11/13/2018. Please Note: Item re-docketed at 73 using the correct event for statistical and case management purposes. (REK). |
| Filing 71 RESPONSE to Motion re: #38 MOTION to Dismiss Counts/Claims : Fraud, Consipiracy to Commit Fraud, and Breach of Contract and Memorandum of Authorities in Support filed by Eversource Capital LP. (McHugh, John) |
| Filing 70 ANSWER to #39 Answer to Complaint, Counterclaim of Ocean Sky Limited and EF Global Corporation by Eversource Capital LP.(McHugh, John) |
| Filing 69 MOTION to Dismiss Counts/Claims : Counterclaims of Ocean Sky Finance Limited and EF Global Corporation by Eversource Capital LP. (McHugh, John) |
| Filing 68 RESPONSE to Motion re: #37 MOTION to Strike filed by Eversource Capital LP. (McHugh, John) |
| Filing 67 RESPONSE to Motion re: #36 MOTION to Dismiss Counts/Claims : Breach of Contract and Memorandum of Authorities in Support filed by Eversource Capital LP. (McHugh, John) |
| Filing 66 RESPONSE to Motion re: #34 MOTION to Dismiss for Lack of Jurisdiction (Personal Jurisdiction) and Memorandum in Support filed by Eversource Capital LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McHugh, John) |
| Filing 65 REPLY to Response to Motion re: #61 MOTION for Joinder of Additional Parties (Ryan McHugh) filed by EF Global Corporation, Ocean Sky Finance. (Attachments: #1 Exhibit A - Declaration of Scot A. Hinshaw)(Hinshaw, Scot) |
| Filing 64 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) |
| Filing 63 RESPONSE to Motion re: #61 MOTION for Joinder of Additional Parties (Ryan McHugh) filed by Eversource Capital LP. (McHugh, John) |
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Filing 62
ORDER granting the #59 Joint Motion to Amend Rule 12 Briefing Schedule (First Request) and a one-time extension until November 7, 2018 for Plaintiff-Counter-defendant to respond to Defendants-Counterclaimants Ocean Sky Finance Limited and EF Global Corporation's Counterclaims. Plaintiff will also be allowed until November 7, 2018 to file responses to Docs. #34 , #36 , #37 and #38 and moving Defendants shall have until November 29, 2018 to file their respective reply briefs. The parties should be aware that the filing of a motion to dismiss under Rule 12(b)(6) will not postpone the time for compliance with the MIDP. General Order 17-08 provides that compliance may be deferred only for motions to dismiss based on lack of subject-matter jurisdiction, lack of personal jurisdiction, sovereign immunity, or absolute or qualified immunity of a public official. Signed by Judge Diane J Humetewa on 10/18/2018. (ATD)
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| Filing 61 MOTION for Joinder of Additional Parties (Ryan McHugh) by EF Global Corporation, Ocean Sky Finance. (Attachments: #1 Text of Proposed Order)(Hinshaw, Scot) |
| Filing 60 NOTICE of Errata re: #59 Joint MOTION for Extension of Time Rule 12 Briefing Schedule by Plaintiff Eversource Capital LP.. (McHugh, John) |
| Filing 59 Joint MOTION for Extension of Time Rule 12 Briefing Schedule by Eversource Capital LP. (Attachments: #1 Text of Proposed Order)(McHugh, John) |
| Filing 58 NOTICE TO FILER OF DEFICIENCY re: #57 Notice. 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. (DXD) |
| Filing 57 NOTICE re: Motion to Transfer and Consolidate Cases for Discovery Filed in Related Case by EFG America LLC . (Attachments: #1 Exhibit Motion to Transfer and Consolidate Cases for Discovery)(Hinshaw, Scot) |
| Filing 56 NOTICE TO FILER OF DEFICIENCY re: #55 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) |
| Filing 55 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) |
| Filing 54 NOTICE TO FILER OF DEFICIENCY re: #33 Notice of Voluntary Dismissal - Party Only filed by Eversource Capital LP. 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. (GMP) |
| Remark: Pro hac vice motion granted for Scot A Hinshaw on behalf of all defendants (except Sophie Brown LLC). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 53 Corporate Disclosure Statement by Texas Gas Holdings LLC identifying Corporate Parent EF Global Corporation for Texas Gas Holdings LLC. (King, Anthony) |
| Filing 52 Corporate Disclosure Statement by Ocean Sky Finance. (King, Anthony) |
| Filing 51 Corporate Disclosure Statement by Niehaus Wise & Kalas Limited. (King, Anthony) |
| Filing 50 Corporate Disclosure Statement by First Follower LLC. (King, Anthony) |
| Filing 49 Corporate Disclosure Statement by Fat Kid LLC. (King, Anthony) |
| Filing 48 Corporate Disclosure Statement by Eyelash LLC. (King, Anthony) |
| Filing 47 Corporate Disclosure Statement by Enviropark Texas LLC identifying Corporate Parent EFG America, LLC for Enviropark Texas LLC. (King, Anthony) |
| Filing 46 Corporate Disclosure Statement by EFG Polymers LLC identifying Corporate Parent EFG America, LLC for EFG Polymers LLC. (King, Anthony) |
| Filing 45 Corporate Disclosure Statement by EFG America LLC identifying Corporate Parent EF Global Corporation for EFG America LLC. (King, Anthony) |
| Filing 44 Corporate Disclosure Statement by EF Global Corporation identifying Corporate Parent Gate Corporation Limited for EF Global Corporation. (King, Anthony) |
| Filing 43 Corporate Disclosure Statement by DRM Elastomers LLC. (King, Anthony) |
| Filing 42 Corporate Disclosure Statement by DFG Global AG. (King, Anthony) |
| Filing 41 Corporate Disclosure Statement by D&H Sophie Brown LLC. (King, Anthony) |
| Filing 40 ANSWER to #1 Complaint with Jury Demand by Eyelash LLC, Fat Kid LLC, First Follower LLC.(King, Anthony) |
| Filing 39 ANSWER to #1 Complaint with Jury Demand and, COUNTERCLAIM of Ocean Sky Finance and EF Global Corporation against All Plaintiffs by Ocean Sky Finance, EF Global Corporation, Douglass Elroy Fimrite, Charles D Niehaus, Mark Boyd, Donald Carroll, Enviropark Texas LLC, EFG America LLC, Texas Gas Holdings LLC, EFG Polymers LLC, D&H Sophie Brown LLC, Niehaus Wise & Kalas Limited, DRM Elastomers LLC.(King, Anthony) |
| Filing 38 MOTION to Dismiss Counts/Claims : Fraud, Consipiracy to Commit Fraud, and Breach of Contract and Memorandum of Authorities in Support by D&H Sophie Brown LLC, DFG Global AG, DRM Elastomers LLC, EF Global Corporation, EFG Polymers LLC, Enviropark Texas LLC, Eyelash LLC, Fat Kid LLC, First Follower LLC, Ocean Sky Finance, Texas Gas Holdings LLC. (King, Anthony) |
| Filing 37 * MOTION to Strike : Immaterial, Impertinent and/or Scandalous Matter from Complaint and Memorandum of Authorities in Support by Mark Boyd, Donald Carroll, D&H Sophie Brown LLC, DRM Elastomers LLC, EF Global Corporation, EFG America LLC, EFG Polymers LLC, Enviropark Texas LLC, Douglass Elroy Fimrite, Charles D Niehaus, Niehaus Wise & Kalas Limited, Ocean Sky Finance, Texas Gas Holdings LLC. (King, Anthony) *Modified on 10/9/2018 to correct event (GMP). |
| Filing 36 MOTION to Dismiss Counts/Claims : Breach of Contract and Memorandum of Authorities in Support by Mark Boyd, Donald Carroll, Charles D Niehaus, Niehaus Wise & Kalas Limited. (King, Anthony) |
| Filing 35 NOTICE of Attorney Substitution by Anthony Tom King. (King, Anthony) |
| Filing 34 MOTION to Dismiss for Lack of Jurisdiction (Personal Jurisdiction) by DFG Global AG. (Attachments: #1 Exhibit A - Declaration of Douglas Elroy Fimrite)(Lau, Trisha) |
| Filing 33 NOTICE of Party Dismissal by Eversource Capital LP. Party Sophie Brown LLC (and its subsidiaries) terminated. (McHugh, John) |
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Filing 32
ORDER setting a Rule 16 Scheduling Conference for 11/16/2018 at 4:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 9/10/2018. (See Order for details.) (LFIG)
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| Filing 31 * SERVICE EXECUTED filed by Eversource Capital LP: Acceptance of Service re: Complaint, Mandatory Initial Discovery Pilot Project and Order regarding F.R.C.P. 12(b) upon EFG Polymers, LLC; Texas Gas Holdings LLC; First Follower, LLC; Fat Kid, LLC; Donald Carroll on August 31, 2018 (signed by Defendants' counsel on 9/6/18). (McHugh, John) * Modified to add text on 9/7/2018 (LAD). |
| Filing 30 WITHDRAWAL OF DOCUMENT re: #29 Service Executed by Plaintiff Eversource Capital LP. (McHugh, John) |
| Filing 29 ** WITHDRAWN BY #30 ** SERVICE EXECUTED filed by Eversource Capital LP: Acceptance of Service re: Complaint, Mandatory Initial Discovery Pilot Project and Order regarding F.R.C.P. 12(b) upon EFG Polymers, LLC; Texas Gas Holdings LLC; First Follower, LLC; Fat Boy, LLC; and Donald Carroll on August 31, 2018. (McHugh, John) Modified on 9/10/2018 (LAD). |
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Filing 28
ORDER approving the #27 Stipulation and granting a one-time extension of time until 10/8/2018 for Defendants to respond to the complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. The parties should be aware that the filing of a motion to dismiss under Rule 12(b)(6) will not postpone the time for compliance with the MIDP. General Order 17-08 provides that compliance may be deferred only for motions to dismiss based on lack of subject-matter jurisdiction, lack of personal jurisdiction, sovereign immunity, or absolute or qualified immunity of a public official. No further extensions will be granted. ORDERED by Judge Diane J Humetewa on 9/6/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 27 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Mark Boyd, Donald Carroll, D&H Sophie Brown LLC, DFG Global AG, DRM Elastomers LLC, EF Global Corporation, EFG America LLC, EFG Polymers LLC, Enviropark Texas LLC, Eyelash LLC, Fat Kid LLC, Douglass Elroy Fimrite, First Follower LLC, Charles D Niehaus, Niehaus Wise & Kalas Limited, Ocean Sky Finance, Sophie Brown LLC, Texas Gas Holdings LLC. (Attachments: #1 Text of Proposed Order)(Lau, Trisha) |
| Filing 26 SERVICE EXECUTED filed by Eversource Capital LP: Certificate of Service re: Summons, Complaint, Corporate Disclosure Statement, Notice of Mandatory Initial Discovery Pilot Project upon Ginger Boyd, Wife of Defendant Mark Boyd on August 25, 2018. (McHugh, John) |
| Filing 25 * NOTICE re: Certificate of Service re #6 Notice to the Parties and #14 Order by Eversource Capital LP . (McHugh, John) * Modified to add document linkage on 8/27/2018 (LAD). |
| Filing 24 SERVICE EXECUTED filed by Eversource Capital LP: Proof of Service re: Summons in a Civil Action upon Sophie Brown LLC on August 20, 2018. (McHugh, John) |
| Filing 23 SERVICE EXECUTED filed by Eversource Capital LP: Proof of Service re: Summons in a Civil Action upon Niehaus Kalas Hinshaw, LTD on August 16, 2018. (McHugh, John) |
| Filing 22 SERVICE EXECUTED filed by Eversource Capital LP: Proof of Service re: Summons in a Civil Complaint upon EFG America LLC on August 20, 2018. (McHugh, John) |
| Filing 21 SERVICE EXECUTED filed by Eversource Capital LP: Proof of Service re: Summons in a Civil Action upon EF Global Corporation on August 20, 2018. (McHugh, John) |
| Filing 20 SERVICE EXECUTED filed by Eversource Capital LP: Proof of Service re: Summons in a Civil Action upon Charles D. Niehaus on August 20, 2018. (McHugh, John) |
| Filing 19 SERVICE EXECUTED filed by Eversource Capital LP: Proof of Service re: Summons in a Civil Complaint upon Ocean Sky Finance on August 20, 2018. (McHugh, John) |
| Filing 18 SERVICE EXECUTED filed by Eversource Capital LP: Proof of Service re: Summons in a Civil Action upon Enviropark Texas LLC on August 20, 2018. (McHugh, John) |
| Filing 17 SERVICE EXECUTED filed by Eversource Capital LP: Proof of Service re: Summons in a Civil Complaint upon Douglass Elroy Fimrite on August 20, 2018. (McHugh, John) |
| Filing 16 SERVICE EXECUTED filed by Eversource Capital LP: Proof of Service re: Summons in a Civil Action upon D&H Sophie Brown LLC on August 20, 2018. (McHugh, John) |
| Filing 15 SERVICE EXECUTED filed by Eversource Capital LP: Proof of Service re: Summons in a Civil Action upon DFG Global AG on August 20, 2018. (McHugh, John) |
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Filing 14
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service. ORDERED directing any party appearing pro se to become familiar with the Local Rules and the Federal Rules of Civil Procedure. Such parties are advised of the free Self-Service Clinic at the courthouse. See Order for details. Signed by Judge Diane J Humetewa on 8/20/2018. (LFIG)
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| Filing 13 Summons Issued as to D&H Sophie Brown LLC, DFG Global AG, DRM Elastomers LLC, Douglass Elroy Fimrite, Ocean Sky Finance. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(JJH). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 12 SUMMONS Submitted by Eversource Capital LP. (McHugh, John) |
| Filing 11 SUMMONS Submitted by Eversource Capital LP. (McHugh, John) |
| Filing 10 SUMMONS Submitted by Eversource Capital LP. (McHugh, John) |
| Filing 9 SUMMONS Submitted by Eversource Capital LP. (McHugh, John) |
| Filing 8 SUMMONS Submitted by Eversource Capital LP. (McHugh, John) |
| Filing 7 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Eversource Capital LP. 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. (BAR) |
| 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. (BAR) |
| Filing 5 Summons Issued as to Mark Boyd, Donald Carroll, D&H Sophie Brown LLC, DFG Global AG, DRM Elastomers LLC, EF Global Corporation, EFG America LLC, EFG Polymers LLC, Enviropark Texas LLC, Fat Kid LLC, Douglass Elroy Fimrite, First Follower LLC, Charles D Niehaus, Niehaus Wise & Kalas Limited, Ocean Sky Finance, Sophie Brown LLC, Texas Gas Holdings LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons)(BAR). *** 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 0970-15844683. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV 18-02583-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAR) |
| Filing 3 SUMMONS Submitted by Eversource Capital LP. (McHugh, John) (Attachments: #1 Douglass Fimrite, #2 EFG America LLC, #3 Charles Niehaus, #4 D&H Sophie Brown LLC, #5 DFG Global, #6 DRM Elastomers, #7 EF Global, #8 EFG Polymers, #9 Enviropark Texas, #10 Fat Kid LLC, #11 First Follower, #12 Mark Boyd, #13 Niehaus Kalas Hinshaw, #14 Ocean Sky Finance, #15 Sophie Brown LLC, #16 Texas Gas Holdings)(BAR) |
| Filing 2 Corporate Disclosure Statement by Eversource Capital LP. (BAR) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15844683 filed by Eversource Capital LP. (McHugh, John) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhiibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38)(BAR) |
| Remark: Pro hac vice motion granted for John M McHugh on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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