Axis Teknologies LLC et al v. Fibrebond Corporation et al
Plaintiff: AXS Mobility Corporation and Axis Teknologies LLC
Defendant: Fibrebond Corporation and Kevin Neff
Case Number: 2:2018cv03150
Filed: October 4, 2018
Court: US District Court for the District of Arizona
Presiding Judge: John J Tuchi
Nature of Suit: Contract: Other
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 30, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2018 Filing 42 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Counter Claimant Fibrebond Corporation, Defendant Fibrebond Corporation. (Lavigne, Joseph)
November 29, 2018 Filing 41 NOTICE TO FILER OF DEFICIENCY re: #40 Notice of Service of Responses to Mandatory Initial Discovery filed by Kevin Neff. 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)
November 29, 2018 Filing 40 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Kevin Neff. (Lubin, Stanley)
November 21, 2018 Filing 39 MOTION to Dismiss Counts/Claims : Count III of Amended Complaint by Kevin Neff. (Lubin, Stanley)
November 21, 2018 Filing 38 *ANSWER to #36 Amended Complaint and RESPONSE to Motion re: #2 Motion for Preliminary Injunction by Kevin Neff.(Lubin, Stanley) *Modified to add Response to Motion on 11/26/2018 (EJA).
November 21, 2018 Filing 37 ANSWER to #36 Amended Complaint with Jury Demand , COUNTERCLAIM against AXS Mobility Corporation, Axis Teknologies LLC by Fibrebond Corporation.(Lavigne, Joseph)
November 9, 2018 Filing 36 AMENDED COMPLAINT against All Defendants filed by Axis Teknologies LLC, AXS Mobility Corporation. (Attachments: #1 Exhibit, #2 Exhibit)(McGee, Robert)
November 9, 2018 Filing 35 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by AXS Mobility Corporation, Axis Teknologies LLC . (Attachments: #1 Redlined version of amended complaint)(McGee, Robert)
November 6, 2018 Opinion or Order Filing 34 SCHEDULING ORDER for Preliminary Injunction issued. See attached Order for details and deadlines. Signed by Judge John J Tuchi on 11/6/18. (JAMA)
November 5, 2018 Filing 33 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Status Conference held on 11/5/2018. Discussion held. IT IS ORDERED granting #32 the Joint Proposed Discovery and Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction. Plaintiff's counsel to submit a proposed form of order in Word. IT IS FURTHER ORDERED Preliminary Injunction Hearing set for 4/9/2019 at 9:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. All parties to appear in person. APPEARANCES: Telephonic appearance by Wendy Akbar and Robert McGee for Plaintiffs. Telephonic appearance by Joseph Lavigne and Stanley Lubin for Defendants. (Court Reporter Elaine Cropper.) Hearing held 2:10 PM to 2:15 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
November 1, 2018 Filing 32 Joint MOTION for Discovery Proposed Schedule by AXS Mobility Corporation, Axis Teknologies LLC. (McGee, Robert)
October 29, 2018 Opinion or Order Filing 31 ORDER granting #29 Defendants' Uncontested Motion for Extension to File Responsive Pleadings and extending Defendants time to file an answer in response to the Complaint (Doc. #1 ) to November 9, 2018. No further extensions will be granted. Signed by Judge John J Tuchi on 10/29/18. (EJA)
October 25, 2018 Filing 30 NOTICE TO FILER OF DEFICIENCY re: #29 First MOTION for Extension of Time to File Answer filed by Kevin Neff, Fibrebond Corporation. 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 25, 2018 Filing 29 First MOTION for Extension of Time to File Answer by Fibrebond Corporation, Kevin Neff. (Attachments: #1 Text of Proposed Order)(Kee, Peter)
October 19, 2018 Filing 26 MINUTE ORDER: Telephonic Status Hearing set for 11/5/2018 at 02:00 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi to set Discovery and Briefing Schedule re Preliminary Injunction. Parties are to file a Joint Proposed Schedule by no later than 11/1/2018. Chambers will e-mail call-in instructions to counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
October 16, 2018 Filing 23 NOTICE of Appearance by Stanley Lubin on behalf of Kevin Neff. (Lubin, Stanley)
October 16, 2018 Opinion or Order Filing 22 ORDER: IT IS ORDERED vacating the Temporary Restraining Order Hearing scheduled for October 17, 2018 at 9:00 AM. (See attached Order). Signed by Judge John J Tuchi on 10/16/18. (JAMA)
October 16, 2018 Filing 21 *WITHDRAWAL of Document re: #2 MOTION for Temporary Restraining Order only, with case to proceed to Preliminary Injunction stage (with associated discovery, briefing and hearing) by AXS Mobility Corporation, Axis Teknologies LLC (Attachments: #1 Text of Proposed Order)(Akbar, Wendy) *Modified event type on 10/17/2018 (EJA).
October 16, 2018 Opinion or Order Filing 20 ORDER: IT IS ORDERED granting #17 Fibrebond's Ex Parte Motion for Leave to Exceed Page Limitation. Defendant Fibrebond may file their Response up to 20 pages. Signed by Judge John J Tuchi on 10/16/18. (JAMA)
October 15, 2018 Filing 24 NOTICE TO FILER OF DEFICIENCY re: #18 Response in Opposition to Motion filed by Fibrebond Corporation, #19 Response in Opposition to Motion filed by Kevin Neff. 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 19 RESPONSE in Opposition re: #2 MOTION for Temporary Restraining Order filed by Kevin Neff. (Attachments: #1 Affidavit of Kevin Neff)(Lubin, Stanley)
October 15, 2018 Filing 18 RESPONSE in Opposition re: #2 MOTION for Temporary Restraining Order filed by Fibrebond Corporation. (Attachments: #1 Exhibit 1)(Lavigne, Joseph)
October 15, 2018 Filing 17 EX PARTE MOTION for Leave to File TO EXCEED PAGE LIMITATION by Fibrebond Corporation. (Attachments: #1 Text of Proposed Order)(Lavigne, Joseph)
October 15, 2018 Remark: Pro hac vice motion granted for Peter J Kee on behalf of Fibrebond Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
October 15, 2018 Remark: Pro hac vice motions granted for Joseph Lavigne and Thomas P Hubert on behalf of defendant Fibrebond Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
October 9, 2018 Filing 16 SERVICE EXECUTED filed by AXS Mobility Corporation, Axis Teknologies LLC: Affidavit of Service re: Complaint and all associated documents upon Kevin Neff on 10/08/2018. (McGee, Robert)
October 9, 2018 Filing 15 SERVICE EXECUTED filed by AXS Mobility Corporation, Axis Teknologies LLC: Affidavit of Service re: Complaint and all associated documents upon Fibrebond Corporation on 10/08/2018. (McGee, Robert)
October 5, 2018 Opinion or Order Filing 12 ORDER: IT IS ORDERED that Plaintiffs shall serve Defendants with the Complaint (Doc. #1 ), Summons, TRO Motion (Doc. #2 ), and this Order as soon as practicable, and in any case by October 9, 2018. IT IS FURTHER ORDERED that Defendants shall file a Response to Plaintiffs' TRO Motion (Doc. #2 ) by October 15, 2018, at 12:00 noon (Arizona time). IT IS FURTHER ORDERED setting a hearing on Plaintiffs' TRO Motion (Doc. #2 ) on October 17, 2018, at 9:00 a.m. (Arizona time) before District Judge John J. Tuchi in Courtroom 505, Sandra Day OConnor Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Each side shall have 60 minutes to make legal argument to the Court. IT IS FURTHER ORDERED that, if Defendants fail to file a Response to Plaintiffs' TRO Motion (Doc. #2 ) or fail to appear at the hearing, the Court will deem either failure to be Defendants' consent to the Motion being granted. See LRCiv 7.2(i). (See attached Order). Signed by Judge John J Tuchi on 10/5/18. (JAMA)
October 4, 2018 Filing 14 Corporate Disclosure Statement by AXS Mobility Corporation. (Akbar, Wendy) (SIB)
October 4, 2018 Filing 13 Additional Attachments: Exhibit to Main Document re: #2 MOTION for Temporary Restraining Order by Plaintiffs AXS Mobility Corporation, Axis Teknologies LLC. (SIB)
October 4, 2018 Opinion or Order Filing 11 ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on January 3, 2019. (See attached Order). Signed by Judge John J Tuchi on 10/4/18. (JAMA)
October 4, 2018 Opinion or Order Filing 10 ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 10/4/18. (JAMA)
October 4, 2018 Filing 9 NOTICE TO FILER OF DEFICIENCY re: #2 MOTION for Temporary Restraining Order filed by Axis Teknologies LLC, AXS Mobility Corporation, #1 Complaint filed by Axis Teknologies LLC, AXS Mobility Corporation. 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. (SIB)
October 4, 2018 Filing 8 *Entered in error- 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 AXS Mobility Corporation. (SIB) *Corporate disclosure for AXS Mobility Corporation filed correctly at doc #14 , 10/5/2018 (SIB).
October 4, 2018 Filing 7 Summons Issued as to Fibrebond Corporation, Kevin Neff. (Attachments: #1 Summons)(SIB). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
October 4, 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. (SIB)
October 4, 2018 Filing 5 Filing fee paid, receipt number 0970-16036788. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV 18-3150-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SIB)
October 4, 2018 Filing 4 SUMMONS Submitted by AXS Mobility Corporation, Axis Teknologies LLC. (Akbar, Wendy) (Attachments: #1 Summons)(SIB)
October 4, 2018 Filing 3 Corporate Disclosure Statement by Axis Teknologies LLC. (Akbar, Wendy) (SIB)
October 4, 2018 Filing 2 *MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by AXS Mobility Corporation, Axis Teknologies LLC. (Akbar, Wendy) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Certificate of Attorney, #5 Text of Proposed Order)(SIB). *Added MOTION for Preliminary Injunction on 10/17/2018 (EJA).
October 4, 2018 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16036788 filed by Axis Teknologies LLC, AXS Mobility Corporation. (Akbar, Wendy) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Civil Cover Sheet)(SIB)

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Plaintiff: AXS Mobility Corporation
Represented By: Robert James McGee
Represented By: John Charles Mascari
Represented By: Wendy Kemp Akbar
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Plaintiff: Axis Teknologies LLC
Represented By: Robert James McGee
Represented By: John Charles Mascari
Represented By: Wendy Kemp Akbar
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Defendant: Fibrebond Corporation
Represented By: Joseph F Lavigne
Represented By: Peter J Kee
Represented By: Thomas P Hubert
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Defendant: Kevin Neff
Represented By: Nicholas Jason Enoch
Represented By: Kaitlyn Alissa Redfield-Ortiz
Represented By: Stanley Lubin
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