De Lage Landen Financial Services Incorporated v. Dynamic Imaging Distribution LLC et al
| De Lage Landen Financial Services Incorporated |
| Unknown Parties and Dynamic Imaging Distribution LLC |
| MidFirst Bank and Bank of America NA |
| 2:2019cv01461 |
| March 4, 2019 |
| US District Court for the District of Arizona |
| Steven P Logan |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 73 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by David N Ingrassia. (Ingrassia, David) |
| Filing 72 NOTICE re: of Service of Judgment by De Lage Landen Financial Services Incorporated upon Judgment Debtor Dynamic Imaging + Distribution LLC. (Attachments: #1 Supplement Judgment Against Garnishee MidFirst Bank)(Ingrassia, David) |
Filing 71
JUDGMENT - IT IS ORDERED that Plaintiff's Application for Garnishment Judgment against Garnishee Midfirst Bank (Doc. #70 ) is granted. IT IS FURTHER ORDERED that judgment in the amount of $121.95 is entered against Garnishee Midfirst Bank and in favor of Plaintiff/Judgment Creditor De Lage Landen Financial Services Incorporated. IT IS FURTHER ORDERED that Plaintiff/Judgment Creditor De Lage Landen financial Services Incorporated shall deliver a copy of this Judgment Against Garnishee to Garnishee Midfirst Bank and Judgment Debtor Dynamic Imaging Distribution LLC. Upon receipt of a copy of this Judgment Against Garnishee, Midfirst Bank shall immediately transfer the judgment amount of $121.95 to Judgment Creditor's Counsel David N Ingrassia PC. IT IS FURTHER ORDERED that the Judgment Debtor, Dynamic Imaging Distribution LLC, shall pay $117.60 for the costs incurred to the Judgment Creditor through the garnishment process. IT IS FURTHER ORDERED awarding Garnishee Midfirst Bank the sum of $150.00 for reasonable compensation for answering the Writ, with said sum to be taxed against the Judgment Debtor pursuant to A.R.S. 12-1591(b). Signed by Judge Steven P Logan on 9/18/2020. (WLP)
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| Filing 70 *MOTION re: APPLICATION FOR GARNISHMENT JUDGMENT (NON-EARNINGS) by Plaintiff De Lage Landen Financial Services Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Supplement Notice of Lodging Judgment against Garnishee, #3 Supplement Statement of Costs)(Ingrassia, David) *Modified to correct event type on 8/27/2020 (EJA). |
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Filing 69
JUDGMENT - ORDERED that Plaintiff's Application for Garnishment Judgment against Garnishee Bank of America, N.A. (Doc. #67 ) is granted. ORDERED that judgment in the amount of $2,695.23 is entered against Garnishee Bank of America, N.A. and in favor of Plaintiff/Judgment Creditor De Lage Landen Financial Services Incorporated. ORDERED that Plaintiff/Judgment Creditor De Lage Landen Financial Services Incorporated shall deliver a copy of this Judgment Against Garnishee to Garnishee Bank of America, N.A. and Judgment Debtor Dynamic Imaging Distribution LLC. Upon receipt of a copy of this Judgment Against Garnishee, Bank of America, N.A. shall immediately transfer the judgment amount of $2,695.23 to Judgment Creditor's Counsel David N Ingrassia PC. ORDERED that the Judgment Debtor, Dynamic Imaging Distribution LLC, shall pay $144.00 for the costs incurred to the Judgment Creditor through the garnishment process. FURTHER ORDERED that Plaintiff's Application for Garnishment Judgment against Garnishee Bank of America, N.A. (Doc. #68 ) is denied as moot. Signed by Judge Steven P Logan on 8/24/20. (EJA)
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| Filing 68 *MOTION re: APPLICATION FOR GARNISHMENT JUDGMENT (NON-EARNINGS) by Plaintiff De Lage Landen Financial Services Incorporated. (Attachments: #1 Supplement Notice of Lodging Proposed Order, #2 Text of Proposed Order Judgment Against Garnishee, #3 Exhibit A)(Ingrassia, David) *Modified to correct event type on 8/20/2020 (EJA). |
| Filing 67 *MOTION re: APPLICATION FOR GARNISHMENT JUDGMENT (NON-EARNINGS) by Plaintiff De Lage Landen Financial Services Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Exhibit A, #3 Supplement Notice of Lodging)(Ingrassia, David) *Modified to correct event type on 8/20/2020 (EJA). |
| Filing 66 NOTICE TO FILER OF DEFICIENCY re: #65 Answer to Writ of Garnishment filed by Bank of America NA. 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 65 ANSWER to Writ of Garnishment by Bank of America NA. (Shively, James) |
| Filing 64 ANSWER to Writ of Garnishment by MidFirst Bank. (EJA) |
| Filing 63 AFFIDAVIT of Edward Pulley by Plaintiff De Lage Landen Financial Services Incorporated. (Ingrassia, David) |
| Filing 62 AFFIDAVIT of Edward Pulley by Plaintiff De Lage Landen Financial Services Incorporated. (Ingrassia, David) |
| Filing 61 WRIT of Garnishment and Summons issued as to Garnishee Bank of America, N.A. (SLQ) Modified text on 7/15/2020 (SLQ). |
| Filing 60 WRIT of Garnishment and Summons issued as to Garnishee Midfirst Bank. (SLQ) |
| Filing 59 APPLICATION for Writ of Garnishment (Bank of America, N.A., garnishee) by De Lage Landen Financial Services Incorporated. (SLQ) |
| Filing 58 APPLICATION for Writ of Garnishment (Midfirst Bank, garnishee) by De Lage Landen Financial Services Incorporated. (SLQ) |
| Filing 57 DEFAULT JUDGMENT - Pursuant to Rule 55(b)(1) of the Federal Rules of Civil Procedure and upon instruction by the Court, default judgment is hereby entered in favor of Plaintiff De Lage Landen Financial Services Incorporated and against Defendant Dynamic Imaging Distribution LLC for the amount of $723,261.16 plus pre-judgment interest on the principle sum at the rate of.018 per annum from December 27, 2019 until the date of the Order issued with this default judgment. (EJA) |
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Filing 56
ORDER - Plaintiff's Motion for Default Judgment (Doc. #55 ) is granted in part. The default judgment is entered pursuant to the Federal Rule of Civil Procedure 55(b)(2) in favor of Plaintiff De Lage Landen Financial Services Incorporated against Defendant Dynamic Imaging Distribution LLC for the amount of $723,261.16 plus pre-judgment interest on the principle sum at the rate of 0.18 per annum from December 27, 2019 until the date of this Order. All outstanding motions are denied as moot. The the Clerk of Court shall enter judgment accordingly and terminate this action. Signed by Judge Steven P Logan on 6/8/20. (EJA)
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| Filing 55 *MOTION for Default Judgment by De Lage Landen Financial Services Incorporated. (Ingrassia, David) *Modified to correct event, attorney noticed on 4/10/2020 (WLP). |
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Filing 54
ORDER: Plaintiff's motion for default judgment #52 is denied without prejudice. Plaintiff shall have until April 13, 2020 to file a new motion for default judgment. See order for details. Signed by Judge Steven P Logan on 3/13/2020. (LMR)
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| Filing 53 NOTICE re: Notice of Service of Default Judgment by De Lage Landen Financial Services Incorporated re: #52 MOTION for Default Judgment as to Dynamic Imaging + Distribution LLC . (Attachments: #1 Text of Proposed Order)(Ingrassia, David) |
| Filing 52 MOTION for Default Judgment as to Dynamic Imaging + Distribution LLC by De Lage Landen Financial Services Incorporated. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Ingrassia, David) |
| Filing 51 Clerk's ENTRY OF DEFAULT - Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and upon application by the Plaintiff pursuant to the Court Order entered on 3/02/2020, default is hereby entered against Defendant Dynamic Imaging Distribution LLC. (REK) |
| Filing 50 APPLICATION for Entry of Default by Plaintiff De Lage Landen Financial Services Incorporated against Dynamic Imaging + Distribution LLC. (Attachments: #1 Affidavit on Default)(Ingrassia, David) |
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Filing 49
ORDER: The Motion for Extension to Retain New Counsel #46 is granted. Defendant Dynamic Imaging + Distribution, LLC shall retain legal counsel who shall file a notice of appearance by February 28, 2020. If defense counsel fails to file a notice of appearance, Plaintiff shall apply for entry of default and file a motion for default judgment no later than March 9, 2020.The Motion for Extension to Respond to Plaintiff's Motion for Summary Judgment #45 is granted. Defendant shall have until March 16, 2020 to file a Response to Plaintiff's Motion for Summary Judgment. The Motion to Allow Electronic Filing by a Party Appearing Without an Attorney #47 is denied. See order for additional details. Signed by Judge Steven P Logan on 1/30/2020. (LMR)
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| Filing 48 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by De Lage Landen Financial Services Incorporated. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (REK) |
| Filing 47 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by De Lage Landen Financial Services Incorporated. (REK) |
| Filing 46 MOTION for Extension of Time to Retain New Counsel by De Lage Landen Financial Services Incorporated. (REK) |
| Filing 45 MOTION for Extension of Time to File Response/Reply as to #43 MOTION for Summary Judgment by De Lage Landen Financial Services Incorporated. (REK) |
| Filing 44 STATEMENT OF FACTS re: #43 MOTION for Summary Judgment by Plaintiff De Lage Landen Financial Services Incorporated. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(Ingrassia, David) |
| Filing 43 MOTION for Summary Judgment by De Lage Landen Financial Services Incorporated. (Ingrassia, David) |
| Filing 42 REPORT of Settlement Talks/Discussions by De Lage Landen Financial Services Incorporated. (Ingrassia, David) |
| Filing 41 NOTICE re: Notice of Service of Order Granting Ex Parte Application to Withdraw as Counsel with Consent by Dynamic Imaging Distribution LLC re: #40 Order, Add and Terminate Attorneys, Terminate Motions, Set/Reset Deadlines/Hearings . (Burgeson, Wade) |
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Filing 40
ORDER that the Ex Parte Application to Withdraw as Counsel with Consent #39 is granted. Wade M. Burgeson and the law firm of Engelman Berger, P.C. is withdrawn as counsel for Defendant Dynamic Imaging + Distribution, LLC in this action. Defendant Dynamic Imaging + Distribution, LLC shall retain legal counsel who shall file a notice of appearance by January 20, 2020. IT IS FURTHER ORDERED that attorney Wade M. Burgeson shall serve a copy of this Order on Defendant Dynamic Imaging + Distribution, LLC and file proof of service with the Clerk of Court. Signed by Judge Steven P Logan on 12/19/2019. (REK)
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| Filing 39 EX PARTE MOTION to Withdraw as Attorney Ex Parte Application to Withdraw as Counsel With Consent by Dynamic Imaging Distribution LLC. (Attachments: #1 Text of Proposed Order Order Granting Ex Parte Application to Withdraw as Counsel with Consent)(Burgeson, Wade) |
| Filing 38 NOTICE of Service of Discovery filed by De Lage Landen Financial Services Incorporated. (Ingrassia, David) |
| Filing 37 NOTICE of Service of Discovery filed by De Lage Landen Financial Services Incorporated. (Ingrassia, David) |
| Filing 36 MINUTE ENTRY for proceedings held before Magistrate Judge Eileen S. Willett: Settlement Conference held on 12/9/2019. The parties negotiated in good faith. The case did not settle. APPEARANCES: David Ingrassia for Plaintiff De Lage Landen Financial Services, Inc. and with litigation specialist Stephen McNellis (appearing telephonically); Wade Burgeson for Defendant Dynamic Imaging Distribution, LLC and with CEO Jim Bennitt. A court reporter was not present, nor was the conference electronically recorded. Settlement Conference held 1:38 PM to 5:20 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MRH) |
| Filing 35 RESPONSE to Motion re: #31 MOTION for Leave to File Notice of Nonparty at Fault filed by De Lage Landen Financial Services Incorporated. (Ingrassia, David) |
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Filing 34
ORDER: The Stipulation to Extend #33 is granted. Plaintiff shall have until December 10, 2019 to file a Response to the Motion for Leave to File Notice of Nonparty at Fault #31 . Signed by Judge Steven P Logan on 11/22/2019. (LMR)
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| Filing 33 * STIPULATION for Extension of Time to File Response/Reply as to #31 MOTION for Leave to File Notice of Nonparty at Fault by De Lage Landen Financial Services Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order)(Ingrassia, David) * Modified to correct event; attorney noticed on 11/22/2019 (LAD). |
| Filing 32 MINUTE ENTRY for proceedings held before Magistrate Judge Eileen S Willett: Telephone Conference held on 11/20/2019. The Court and counsel discussed the status of the case and the Court's general practice for conducting a settlement conference with the parties. The Court has received confidential settlement statements. Counsel for Plaintiff's oral motion to permit Plaintiff's litigation specialist to appear telephonically at the Settlement Conference is granted. IT IS FURTHER ORDERED affirming Settlement Conference set for Monday, December 9, 2019 at 1:30 p.m. Hearing held 2:00 PM to 2:19 PM. (Not Recorded) (REK) |
| Filing 31 *MOTION for Leave to File Notice of Nonparty at Fault by Dynamic Imaging Distribution LLC. (Attachments: #1 Text of Proposed Order Order Granting Motion for Leave to File Notice of Nonparty at Fault)(Burgeson, Wade) *Modified text on 11/18/2019 (REK). |
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Filing 30
ORDER granting the Motion to Reschedule Telephonic Status Conference #29 . IT IS FURTHER ORDERED resetting Telephonic Status Conference from November 22, 2019 to Wednesday, November 20, 2019 at 2:00 p.m., counsel for Plaintiff to initiate the conference call to Chambers (602-322-7620). Confidential settlement statements may be hand delivered or mailed, however, they must be received by U.S. Magistrate Judge Eileen S. Willett on or before 4:00 p.m. on Thursday, November 14, 2019. The remainder of the Order Setting Settlement Conference #20 is affirmed. Signed by Magistrate Judge Eileen S Willett on 11/07/2019. (REK)
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| Filing 29 MOTION to Vacate and Reschedule Telephonic Status Conference by De Lage Landen Financial Services Incorporated. (Attachments: #1 Text of Proposed Order)(Ingrassia, David) |
| Filing 28 NOTICE of Service of Discovery filed by De Lage Landen Financial Services Incorporated. (Ingrassia, David) |
| Filing 27 NOTICE of Service of Discovery filed by De Lage Landen Financial Services Incorporated. (Ingrassia, David) |
| Filing 26 NOTICE of Service of Discovery filed by Dynamic Imaging Distribution LLC. (Burgeson, Wade) |
| Filing 25 NOTICE of Service of Discovery filed by De Lage Landen Financial Services Incorporated. (Ingrassia, David) |
| Filing 24 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff De Lage Landen Financial Services Incorporated. Please Note: Document #23 re-docketed utilizing the correct event for statistical and case management purposes. (REK) |
| Filing 23 *NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) by De Lage Landen Financial Services Incorporated . (Ingrassia, David) *Modified text, item re-docketed at number 24 utilizing the correct event on 6/13/2019 (REK). |
| Filing 22 *NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Dynamic Imaging Distribution LLC. (Burgeson, Wade) *Modified text on 6/13/2019 (REK). |
| Filing 21 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Wade Michael Burgeson. (Burgeson, Wade) |
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Filing 20
ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 12/9/2019 at 01:30 PM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Eileen S Willett. Telephonic Status Conference set for 11/22/2019 at 02:00 PM before Magistrate Judge Eileen S Willett. See document for further details. Signed by Magistrate Judge Eileen S Willett on 5/22/2019. (REK)
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Filing 19
ORDER that this case is referred by random lot to United States Magistrate Judge Eileen S. Willett for the purpose of conducting a settlement conference. FURTHER ORDERED that the parties shall contact the chambers of the Honorable Eileen S. Willett at telephone number (602) 322-7620 no later than May 29, 2019 to schedule a settlement conference. Signed by Judge Steven P Logan on 5/22/2019. (MMO)
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Filing 18
RULE 16 CASE MANAGEMENT ORDER: Discovery due by 1/22/2020. Dispositive motions due by 2/14/2020. (See Order for details.) Signed by Judge Steven P Logan on 5/22/2019. (MMO)
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Filing 17
ORDER: The Rule 16 Case Management Conference, presently set for June 21, 2019 at 11:00 a.m. before Honorable Steven P. Logan, is vacated. Order to follow. Signed by Judge Steven P Logan on 5/22/2019. (MMO)
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Filing 16
ORDER granting the parties' #15 Stipulation to Extend. The parties shall exchange their Mandatory Initial Discovery Responses no later than June 12, 2019. No further extensions will be granted. Signed by Judge Steven P Logan on 5/21/19. (CLB)
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| Filing 15 STIPULATION re: #5 Notice re Mandatory Initial Discovery Pilot (MIDP) Stipulation to Extend Time to Respond to Mandatory Initial Discovery Requests by Dynamic Imaging Distribution LLC. (Attachments: #1 Text of Proposed Order Order Approving Stipulation for Extension of Time to Respond to Mandatory Initial Discovery Requests)(Burgeson, Wade) |
| Filing 14 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiff De Lage Landen Financial Services Incorporated. (Attachments: #1 Text of Proposed Order Proposed Rule 16 Order)(Ingrassia, David) |
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Filing 13
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE: Case Management Conference is set for 6/21/2019 at 11:00 AM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P Logan. See order for additional deadlines and details. Signed by Judge Steven P Logan on 4/26/2019. (Attachments: #1 Attachment)(LMR)
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| Filing 12 ANSWER to #1 Complaint Answer to Complaint by Dynamic Imaging Distribution LLC.(Burgeson, Wade) |
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Filing 11
ORDER: The Stipulation for Extension #10 is granted. Defendant's time to respond to the complaint is extended to April 22, 2019. 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. No further extensions will be granted. See order for additional details. Signed by Judge Steven P Logan on 4/15/2019. (LMR)
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| Filing 10 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint Stipulation for Extension of Time to Respond to Complaint by Dynamic Imaging Distribution LLC. (Attachments: #1 Text of Proposed Order Order Approving Stipulation for Extension of Time to Respond to Complaint)(Burgeson, Wade) |
| Filing 9 *Corporate Disclosure Statement by Dynamic Imaging Distribution LLC. (Burgeson, Wade) *Modified to remove corporate party on 4/16/2019 (EJA). |
| Filing 8 NOTICE of Appearance by Wade Michael Burgeson on behalf of Dynamic Imaging Distribution LLC. (Burgeson, Wade) |
| Filing 7 Corporate Disclosure Statement by De Lage Landen Financial Services Incorporated identifying Corporate Parent DLL U.S. Holding Company, Inc., Corporate Parent De Lage Landen America Holdings, B.V., Corporate Parent De Lage Landen International, B.V., Corporate Parent Cooperative Rabobank U.A. for De Lage Landen Financial Services Incorporated. (Ingrassia, David) |
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Filing 6
ORDER: A motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such a motion to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service no later than 6/3/2019. Unless the Court orders otherwise, on June 3, 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. See attached Order for complete details. Signed by Judge Steven P Logan on 3/5/2019. (Attachments: #1 Notice)(LMR)
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| Filing 5 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. (DLC) |
| Filing 4 Summons Issued as to Dynamic Imaging Distribution LLC. (DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number 0970-16601986. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-19-1461-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) |
| Filing 2 SUMMONS Submitted by De Lage Landen Financial Services Incorporated. (Ingrassia, David) (DLC) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16601986 filed by De Lage Landen Financial Services Incorporated. (Ingrassia, David) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P)(DLC) |
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