Eversource Capital LP v. Fimrite et al
Plaintiff: Eversource Capital LP
Defendant: DFG Global AG, Texas Gas Holdings LLC, EFG America LLC, DRM Elastomers LLC, Eyelash LLC, EF Global Corporation, Enviropark Texas LLC, Sophie Brown LLC, Charles D Niehaus, Fat Kid LLC, Ocean Sky Finance, Niehaus Wise & Kalas Limited, EFG Polymers LLC, First Follower LLC, Donald Carroll, D&H Sophie Brown LLC, Douglass Elroy Fimrite and Mark Boyd
Case Number: 2:2018cv02583
Filed: August 15, 2018
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: XX US, Outside State
Presiding Judge: Diane J Humetewa
Nature of Suit: Contract: Negotiable Instrument
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 9, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2018 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)
October 9, 2018 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)
October 8, 2018 Filing 53 Corporate Disclosure Statement by Texas Gas Holdings LLC identifying Corporate Parent EF Global Corporation for Texas Gas Holdings LLC. (King, Anthony)
October 8, 2018 Filing 52 Corporate Disclosure Statement by Ocean Sky Finance. (King, Anthony)
October 8, 2018 Filing 51 Corporate Disclosure Statement by Niehaus Wise & Kalas Limited. (King, Anthony)
October 8, 2018 Filing 50 Corporate Disclosure Statement by First Follower LLC. (King, Anthony)
October 8, 2018 Filing 49 Corporate Disclosure Statement by Fat Kid LLC. (King, Anthony)
October 8, 2018 Filing 48 Corporate Disclosure Statement by Eyelash LLC. (King, Anthony)
October 8, 2018 Filing 47 Corporate Disclosure Statement by Enviropark Texas LLC identifying Corporate Parent EFG America, LLC for Enviropark Texas LLC. (King, Anthony)
October 8, 2018 Filing 46 Corporate Disclosure Statement by EFG Polymers LLC identifying Corporate Parent EFG America, LLC for EFG Polymers LLC. (King, Anthony)
October 8, 2018 Filing 45 Corporate Disclosure Statement by EFG America LLC identifying Corporate Parent EF Global Corporation for EFG America LLC. (King, Anthony)
October 8, 2018 Filing 44 Corporate Disclosure Statement by EF Global Corporation identifying Corporate Parent Gate Corporation Limited for EF Global Corporation. (King, Anthony)
October 8, 2018 Filing 43 Corporate Disclosure Statement by DRM Elastomers LLC. (King, Anthony)
October 8, 2018 Filing 42 Corporate Disclosure Statement by DFG Global AG. (King, Anthony)
October 8, 2018 Filing 41 Corporate Disclosure Statement by D&H Sophie Brown LLC. (King, Anthony)
October 8, 2018 Filing 40 ANSWER to #1 Complaint with Jury Demand by Eyelash LLC, Fat Kid LLC, First Follower LLC.(King, Anthony)
October 8, 2018 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)
October 8, 2018 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)
October 8, 2018 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).
October 8, 2018 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)
October 8, 2018 Filing 35 NOTICE of Attorney Substitution by Anthony Tom King. (King, Anthony)
October 8, 2018 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)
October 8, 2018 Filing 33 NOTICE of Party Dismissal by Eversource Capital LP. Party Sophie Brown LLC (and its subsidiaries) terminated. (McHugh, John)
September 10, 2018 Opinion or Order 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)
September 7, 2018 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).
September 7, 2018 Filing 30 WITHDRAWAL OF DOCUMENT re: #29 Service Executed by Plaintiff Eversource Capital LP. (McHugh, John)
September 6, 2018 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).
September 6, 2018 Opinion or Order 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)
August 31, 2018 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)
August 30, 2018 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)
August 24, 2018 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).
August 24, 2018 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)
August 24, 2018 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)
August 24, 2018 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)
August 24, 2018 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)
August 24, 2018 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)
August 24, 2018 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)
August 24, 2018 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)
August 24, 2018 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)
August 24, 2018 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)
August 24, 2018 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)
August 21, 2018 Opinion or Order 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)
August 17, 2018 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.
August 16, 2018 Filing 12 SUMMONS Submitted by Eversource Capital LP. (McHugh, John)
August 16, 2018 Filing 11 SUMMONS Submitted by Eversource Capital LP. (McHugh, John)
August 16, 2018 Filing 10 SUMMONS Submitted by Eversource Capital LP. (McHugh, John)
August 16, 2018 Filing 9 SUMMONS Submitted by Eversource Capital LP. (McHugh, John)
August 16, 2018 Filing 8 SUMMONS Submitted by Eversource Capital LP. (McHugh, John)
August 15, 2018 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)
August 15, 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. (BAR)
August 15, 2018 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.
August 15, 2018 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)
August 15, 2018 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)
August 15, 2018 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)
August 15, 2018 Filing 2 Corporate Disclosure Statement by Eversource Capital LP. (BAR)
August 15, 2018 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)

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Search for this case: Eversource Capital LP v. Fimrite et al
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Defendant: DFG Global AG
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: Texas Gas Holdings LLC
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: EFG America LLC
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: DRM Elastomers LLC
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: Eyelash LLC
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: EF Global Corporation
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: Enviropark Texas LLC
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: Sophie Brown LLC
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: Charles D Niehaus
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: Fat Kid LLC
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: Ocean Sky Finance
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: Niehaus Wise & Kalas Limited
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: EFG Polymers LLC
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: First Follower LLC
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: Donald Carroll
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: D&H Sophie Brown LLC
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: Douglass Elroy Fimrite
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Defendant: Mark Boyd
Represented By: Anthony Tom King
Represented By: Christopher H Bayley
Represented By: Scot A Hinshaw
Represented By: Trisha Dyan Farmer Lau
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Plaintiff: Eversource Capital LP
Represented By: John M McHugh
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