Pacesetter Consulting LLC v. Kapreilian et al
| Pacesetter Consulting LLC |
| Agricare Incorporated, Eastside Packing Incorporated, Tom Avenelis, Craig L Kapreilian, Daniel Duda, Mark Bassetti, Fruit World Nursery Incorporated, Herbert A Kapreilian, Duda & Sons LLC and Mark R Bassetti |
| 2:2019cv00388 |
| January 26, 2019 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Other Statutes: Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| Both |
Docket Report
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| Filing 41 REPLY to Response to Motion re: #22 First MOTION to Dismiss Party Daniel Duda filed by Daniel Duda. (O'Daniel, David) |
| Filing 40 REPLY to Response to Motion re: #20 First MOTION to Dismiss Party Duda & Sons, LLC filed by Duda & Sons LLC. (O'Daniel, David) |
Filing 39
ORDER: IT IS ORDERED granting the parties' Stipulation (Doc. #36 ). IT IS FURTHER ORDERED that the Clerk of Court shall set aside the March 7, 2019 entry of default against Defendants Fruit World Nursery Incorporated and Craig L. Kapreilian (Doc. #27 ). IT IS FURTHER ORDERED that the Motion to Set Aside Entry of Defaults by Defendants Fruit World Nursery Incorporated and Craig L. Kapreilian (Doc. #34 ) is denied as moot. IT IS FURTHER ORDERED that Defendants Craig Kapreilian, Herbert Kapreilian, Fruit World Nursery, Inc. and Eastside Packing, Inc. shall respond to the First Amended Complaint by April 1, 2019 [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/22/19. (MAW)
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| Filing 38 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) to defense counsel recently appearing herein filed by Plaintiff Pacesetter Consulting LLC. (Attachments: #1 Certificate of Record CERTIFICATE OF SERVICE)(McGill, Gregory) |
| Filing 37 NOTICE re: of Service of Order & MIDP Attachments by Pacesetter Consulting LLC re: #23 Order, Set/Reset Hearings MIDP notices, Checklist & Gen Order 17-08. (Attachments: #1 Certificate of Record CERTIFICATE OF SERVICE)(McGill, Gregory) |
| Filing 36 STIPULATION re: #27 Clerk's Entry of Default JOINT STIPULATION AND ORDER TO SET ASIDE ENTRY OF DEFAULT AND EXTEND TIME TO ANSWER FIRST AMENDED COMPLAINT by Eastside Packing Incorporated, Fruit World Nursery Incorporated, Craig L Kapreilian, Herbert A Kapreilian. (Cherney, Craig) |
| Filing 35 *NOTICE TO FILER OF DEFICIENCY re: #33 Notice of Appearance/Association of Counsel, #34 MOTION to Set Aside Default filed by Fruit World Nursery Incorporated, Herbert A Kapreilian, Craig L Kapreilian, Eastside Packing Incorporated. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Jonathan Ibsen but submitted using the log-in and password belonging to attorney Craig Cherney. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) *Modified to add document number on 3/18/2019 (SLQ). |
| Filing 34 MOTION to Set Aside Default DEFENDANTS RULE 55-C MOTION TO SET ASIDE ENTRY OF DEFAULTS by Fruit World Nursery Incorporated, Craig L Kapreilian. (Cherney, Craig) |
| Filing 33 NOTICE of Appearance by Craig Peter Cherney on behalf of Eastside Packing Incorporated, Fruit World Nursery Incorporated, Craig L Kapreilian, Herbert A Kapreilian. (Cherney, Craig) |
| Filing 32 Corporate Disclosure Statement by Duda & Sons LLC. (O'Daniel, David) |
| Filing 31 *Additional Attachments to Main Document re: #29 Response to Motion to Dismiss Doc 29 by Pacesetter Consulting LLC. (Attachments: #1 Exhibit EXHIBITS 9-13, #2 Certificate of Record CERTIFICATE OF SERVICE)(McGill, Gregory) *Modified on 3/15/2019 to correct event type (MSA). |
| Filing 30 MOTION to Strike #28 Notice (Other) NOTICE OF FILING REPLACEMENT EXHIBIT by Pacesetter Consulting LLC. (Attachments: #1 Exhibit EXHIBITS 1-3, #2 Text of Proposed Order PROPOSED ORDER, #3 Certificate of Record Certificate of Service)(McGill, Gregory) |
| Filing 29 RESPONSE to Motion re: #20 First MOTION to Dismiss Party Duda & Sons, LLC , #22 First MOTION to Dismiss Party Daniel Duda , #21 First MOTION to Dismiss Party Duda & Sons, LLC which Response in Opposition to Motions to Dismiss is filed by Pacesetter Consulting LLC. (Attachments: #1 Exhibit EXHIBITS 1-4, #2 Exhibit EXHIBITS 5-8, #3 Certificate of Record Certificate of Service)(McGill, Gregory) |
| Filing 28 *NOTICE of Filing Replacement Exhibit to Motion to Dismiss First Amended Complaint re: #22 as to Daniel Duda by Daniel Duda . (Attachments: #1 Exhibit Replacement Exhibit)(O'Daniel, David) *Modified text and added document link on 3/11/2019 (SLQ). |
| Filing 27 *SET ASIDE by Doc. #39 * Clerk's ENTRY OF DEFAULT - Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and upon application by the Plaintiff, default is hereby entered against Defendants Craig Kapreilian and Fruit World Nursery. (MSA) Modified on 3/22/2019 (MAW). |
| Filing 26 NOTICE of Service of Discovery filed by Pacesetter Consulting LLC. (McGill, Gregory) |
| Filing 25 MOTION for Entry of Default as to Craig Kapreilian and Fruit World Nursery, Inc by Pacesetter Consulting LLC. (Attachments: #1 Exhibit Proof of Service, #2 Affidavit Declaration of Default, #3 Certificate of Record Certificate of Service)(McGill, Gregory) |
| Filing 24 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 Duda & Sons LLC. (MAW) |
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Filing 23
ORDER: Scheduling Conference set for 4/15/2019 at 09:30 AM before Judge Dominic W Lanza [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/4/19. (MAW)
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| Filing 22 First MOTION to Dismiss Party Daniel Duda by Daniel Duda. (Attachments: #1 Exhibit)(O'Daniel, David) |
| Filing 21 First MOTION to Dismiss Party Duda & Sons, LLC by Duda & Sons LLC. (Attachments: #1 Exhibit, #2 Exhibit)(O'Daniel, David) |
| Filing 20 First MOTION to Dismiss Party Duda & Sons, LLC by Duda & Sons LLC. (O'Daniel, David) |
| Filing 19 ANSWER to #7 Amended Complaint by Mark R Bassetti.(O'Daniel, David) |
| Filing 18 Corporate Disclosure Statement by Agricare Incorporated. (Moolenaar, Peter) |
| Filing 17 ANSWER to #7 Amended Complaint with Jury Demand by Agricare Incorporated, Tom Avenelis.(Moolenaar, Peter) |
| Filing 16 SERVICE EXECUTED filed by Pacesetter Consulting LLC: Proof of Service re: Summons & Amended Complaint upon Herbert Kapreilian on 02/25/2019. (Attachments: #1 Exhibit Proof of Service)(McGill, Gregory) |
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Filing 15
ORDER: IT IS ORDERED that Plaintiff's request for leave to effectuate service by alternative means is denied without prejudice (Doc. #14 ). IT IS FURTHER ORDERED that Plaintiff may file, within 14 days of the date of this Order, a new motion for leave to serve by alternative means. The motion must clearly explain the rules and/or laws that would permit the Court to grant the relief it seeks [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/20/19. (MAW)
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| Filing 14 EX PARTE Emergency MOTION for Service by Publication or Other Alternative Service by Pacesetter Consulting LLC. (Attachments: #1 Exhibit EXHIBITS 1-2, #2 Text of Proposed Order PROPOSED ORDER)(McGill, Gregory) |
| Filing 13 SERVICE EXECUTED filed by Pacesetter Consulting LLC: Proof of Service re: Summons & Amended Complaint upon Eastside Packing, Inc; Craig L. Kapreilian; Fruit World Nursery, Inc; Agricare, Inc; Tom Avenelis; Duda & Sons, LLC; Daniel Duda; Mark R Bassetti on 02/15/2019. (Attachments: #1 Exhibit Proof of Service)(McGill, Gregory) |
| Filing 12 Summons Issued as to Herbert A Kapreilian. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 11 SUMMONS Submitted by Pacesetter Consulting LLC. (McGill, Gregory) |
| Filing 10 NOTICE TO FILER OF DEFICIENCY re: #8 Summons Submitted filed by Pacesetter Consulting LLC. Party name on summons for Herbert A Kapreilian does not match docket and/or complaint. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. 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. (BAS) |
| Filing 9 Summons Issued as to Agricare Incorporated, Tom Avenelis, Mark R Bassetti, Daniel Duda, Duda & Sons LLC, Eastside Packing Incorporated, Fruit World Nursery Incorporated, Craig L Kapreilian. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 8 SUMMONS Submitted by Pacesetter Consulting LLC. (Attachments: #1 Summons Eastside Packing, Inc, #2 Summons Craig L Kapreillian, #3 Summons Fruit World Nursery, Inc, #4 Summons Agricare, Inc, #5 Summons Tom Avenelis, #6 Summons Duda & Sons, LLC, #7 Summons Daniel Duda, #8 Summons Mark R Bassetti)(McGill, Gregory) |
| Filing 7 AMENDED COMPLAINT against All Defendants filed by Pacesetter Consulting LLC.(McGill, Gregory) |
| 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. (BAC) |
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Filing 5
PRELIMINARY ORDER: IT IS THEREFORE ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order and its Attachments on Defendant(s) and file notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on April 29, 2019, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure; 3. That, unless the Court orders otherwise, the parties shall file with the Clerk of Court a notice of service of MIDP Responses, supplemental MIDP Responses, and production of ESI, rather than copies of the actual disclosures [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/29/19. (Attachments: #1 Notice - MIDP, #2 MIDP User Manual)(MAW)
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| Filing 4 Filing fee paid, receipt number 0970-16456593. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-19-00388-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.(BAC) |
| Filing 3 Corporate Disclosure Statement by Pacesetter Consulting LLC. (McGill, Gregory) (BAC) |
| Filing 2 Additional Attachments to Main Document re: #1 Complaint by Plaintiff Pacesetter Consulting LLC. (Attachments: #1 Exhibit 4-8, #2 Exhibit 9-11, #3 Exhibit 12-15, #4 Exhibit 16-19)(BAC) |
| Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-16456593 filed by Pacesetter Consulting LLC. (McGill, Gregory) (Attachments: #1 Civil Cover Sheet)(BAC) |
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