N2 Packaging Systems LLC v. N2 Pack Canada Incorporated et al
Plaintiff: N2 Packaging Systems LLC
Defendant: Alex Abellan, N2 Pack Canada Incorporated, Brendan Pogue, Unknown Parties, Eric Marciniak, Alejo Abellan and Chakra Cannabis Corporation
Case Number: 2:2019cv02351
Filed: April 10, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Neil V Wake
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 20, 2019 Opinion or Order Filing 37 ORDER granting #36 Stipulated Extension of Time for Defendants to Reply inSupport of Defendants' Motion to Dismiss. IT IS FURTHER ORDERED Defendants' Reply in support of Defendants' Motion to Dismiss shall be filed by 7/17/2019. Signed by Senior Judge Neil V. Wake on 6/20/2019. (RMW)
June 20, 2019 Filing 36 STIPULATION re: #22 MOTION to Dismiss for Lack of Jurisdiction Defendants Marciniak and Pogue MOTION to Dismiss for Failure to State a Claim Counts Eight, Nine, and Ten, #35 Response to Motion to Dismiss for Lack of Jurisdiction Stipulated Extension of Time for Defendants to Reply in Support of Defendants' Motion to Dismiss by Alejo Abellan, Chakra Cannabis Corporation, Eric Marciniak, N2 Pack Canada Incorporated, Brendan Pogue. (Attachments: #1 Text of Proposed Order)(Barker, David)
June 19, 2019 Filing 35 RESPONSE to Motion re: #22 MOTION to Dismiss for Lack of Jurisdiction Defendants Marciniak and Pogue MOTION to Dismiss for Failure to State a Claim Counts Eight, Nine, and Ten filed by N2 Packaging Systems LLC. (Attachments: #1 Exhibit A-C)(Brandt, Justin)
June 12, 2019 Opinion or Order Filing 34 ORDER denying #11 Plaintiff's Motion to Remand. [See attached order for additional information.] Signed by Senior Judge Neil V. Wake on 6/12/2019. (RMW)
June 5, 2019 Opinion or Order Filing 33 ORDER granting #32 the parties' Stipulation. IT IS FURTHER ORDERED that Plaintiff shall file its Response to Defendants' Motion to Dismiss within five (5) days of this Court's order on Plaintiff's Motion to Remand. Signed by Senior Judge Neil V. Wake on 6/5/2019. (RMW)
June 3, 2019 Filing 32 STIPULATION STIPULATED EXTENSION OF TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION TO DISMISS by N2 Packaging Systems LLC. (Attachments: #1 Text of Proposed Order)(Brandt, Justin)
May 23, 2019 Filing 31 Corporate Disclosure Statement by Chakra Cannabis Corporation. (Barker, David)
May 23, 2019 Filing 30 *Joinder re: #22 MOTION to Dismiss for Lack of Jurisdiction Defendants Marciniak and Pogue MOTION to Dismiss for Failure to State a Claim Counts Eight, Nine, and Ten by Defendant Chakra Cannabis Corporation. (Barker, David) *Modified to correct filer and text on 5/24/2019 (REK).
May 15, 2019 Filing 29 SUPPLEMENT PLAINTIFFS SUPPLEMENTAL BRIEFING IN RESPONSE TO DEFENDANTS AMENDED NOTICE OF REMOVAL re: #27 Notice (Other) by Plaintiff N2 Packaging Systems LLC. (Brandt, Justin)
May 14, 2019 Filing 28 *NOTICE/ SERVICE EXECUTED filed by N2 Packaging Systems LLC: Affidavit of Service filed in Maricopa County Superior Court re: Summons, First Amended Complaint, Notice of Filing First Amended Complaint, Motion to Remand, Proposed Order, and Notice of Filing re: Patent Information upon Chakra Cannabis Corporation on 5/03/2019. (Brandt, Justin) *Modified to correct event and text on 5/15/2019 (REK).
May 10, 2019 Filing 27 NOTICE re: Amended Notice of Removal by Alejo Abellan, Chakra Cannabis Corporation re: #1 Notice of Removal . (Barker, David)
May 9, 2019 Filing 26 REPLY to Response to Motion re: #11 First MOTION to Remand to State Court filed by N2 Packaging Systems LLC. (Brandt, Justin)
May 9, 2019 Filing 25 MINUTE ENTRY for proceedings held before Senior Judge Neil V. Wake: Continued Scheduling Conference and Status Conference held on 5/9/2019. IT IS ORDERED that the Motion for temporary restraining order and preliminary injunction (Doc. 1) is terminated as withdrawn without prejudice to re-urging it at such time as the Plaintiff may choose to do so. [See attached pdf for complete details.] (Court Reporter Laurie Adams) Hearing held 1:34 PM to 1:47 PM. (RMW)
May 8, 2019 Filing 24 STATUS REPORT by N2 Packaging Systems LLC. (Brandt, Justin)
May 8, 2019 Filing 23 STATUS REPORT by Alejo Abellan, Eric Marciniak, N2 Pack Canada Incorporated, Brendan Pogue. (Barker, David)
May 6, 2019 Filing 22 MOTION to Dismiss for Lack of Jurisdiction Defendants Marciniak and Pogue, MOTION to Dismiss for Failure to State a Claim Counts Eight, Nine, and Ten by Alejo Abellan, Eric Marciniak, N2 Pack Canada Incorporated, Brendan Pogue. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barker, David)
May 2, 2019 Filing 21 RESPONSE in Opposition re: #11 First MOTION to Remand to State Court filed by Alejo Abellan, Eric Marciniak, N2 Pack Canada Incorporated, Brendan Pogue. (Barker, David)
April 26, 2019 Filing 20 *SERVICE EXECUTED filed by N2 Packaging Systems LLC: Affidavit of Service re: Summons, Complaint, and Application for Injunctive Relief and Request for Temporary Restraining Order upon Alex Abellan (named as Alejo Abellan) on 4/10/2019. (Attachments: #1 Exhibit A)(Brandt, Justin) *Modified attachment text on 4/26/2019 (REK). *Modified event text on 4/29/2019 (REK).
April 24, 2019 Filing 19 NOTICE of Attorney Substitution by Justin Michael Brandt. (Brandt, Justin)
April 24, 2019 Filing 18 Corporate Disclosure Statement by N2 Packaging Systems LLC. (Brandt, Justin)
April 22, 2019 Filing 17 Summons Issued as to Chakra Cannabis Corporation. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
April 19, 2019 Filing 16 Additional Attachments to Main Document re: #11 First MOTION to Remand to State Court by Plaintiff N2 Packaging Systems LLC. (Roberts, Troy)
April 19, 2019 Opinion or Order Filing 15 ORDER: IT IS ORDERED that Plaintiff submit a proposed form of order that is not on law firm stationery, in compliance with Local Rule 7.1(b)(3) and the Electronic Case Filing Administrative Policies and Procedures Manual in the United States District Court for the District of Arizona, Section II(G)(b) re: #11 First Motion to Remand to State Court. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, vg)
April 19, 2019 Filing 14 NOTICE TO FILER OF DEFICIENCY re: #12 Notice of Filing - Copyright, Trademark or Patent Information filed by N2 Packaging Systems LLC, #10 Notice of Filing - Amended Pleading (LRCiv 15.1(b)) filed by N2 Packaging Systems LLC, #11 First MOTION to Remand to State Court filed by N2 Packaging Systems LLC, #9 Amended Complaint filed by N2 Packaging Systems 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)
April 19, 2019 Filing 13 SUMMONS Submitted by N2 Packaging Systems LLC. (Roberts, Troy)
April 18, 2019 Filing 12 NOTICE of Filing - Copyright, Trademark or Patent Information filed by N2 Packaging Systems LLC. (Brandt, Justin)
April 18, 2019 Filing 11 First MOTION to Remand to State Court by N2 Packaging Systems LLC. (Attachments: #1 Text of Proposed Order Order)(Brandt, Justin)
April 18, 2019 Filing 10 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by N2 Packaging Systems LLC . (Attachments: #1 Exhibit A)(Brandt, Justin)
April 18, 2019 Filing 9 AMENDED COMPLAINT FIRST VERIFIED against All Defendants filed by N2 Packaging Systems LLC. (Attachments: #1 Exhibit A-H, #2 Exhibit I-K)(Brandt, Justin)
April 15, 2019 Filing 8 MINUTE ENTRY for proceedings held before Senior Judge Neil V. Wake: Scheduling Conference held on 4/15/2019. IT IS ORDERED defendants file a responsive pleading by 5/6/2019. IT IS FURTHER ORDERED setting a further scheduling and status hearing for 5/9/2019 at 01:30 PM in Courtroom 401. IT IS FURTHER ORDERED that the parties file a joint or separate status report by 5:00 PM on 5/8/2019. [See attached pdf for complete details.] (Court Reporter Christine Coaly) Hearing held 10:40 AM to 11:01 AM.(RMW)
April 12, 2019 Opinion or Order Filing 7 ORDER: IT IS ORDERED setting a Scheduling Conference re Plaintiff's Application for Injunctive Relief and Request for Temporary Restraining Order ([Doc. 1]-3, pp. 13-46) for 4/15/2019 at 10:30 a.m. in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before U. S. Senior Judge Neil V. Wake. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, vg)
April 11, 2019 Filing 6 MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading (Attachments: #1 AO 121)(KAH)
April 11, 2019 Filing 5 NOTICE TO PARTY 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 N2 Packaging Systems LLC. (KAH)
April 11, 2019 Filing 4 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. (KAH)
April 10, 2019 Filing 3 Filing fee paid, receipt number 0970-16772445. This case has been assigned to the Honorable Neil V Wake. All future pleadings or documents should bear the correct case number: CV-19-02351-PHX-NVW. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KAH)
April 10, 2019 Filing 2 Corporate Disclosure Statement by N2 Pack Canada Incorporated. (Barker, David) (KAH)
April 10, 2019 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2019-002670 (TRO Requested). Filing fee received: $ 400.00, receipt number 0970-16772445 filed by Brendan Pogue. (Barker, David) (Attachments: #1 Civil Cover Sheet and Supplemental Civil Cover Sheet, #2 Declaration of David G. Barker, #3 Exhibit A-I, #4 Exhibit J, #5 Exhibit J-1, #6 Exhibit J-2)(KAH)
April 10, 2019 ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED: Affidavit of Service re: Summons, Civil Cover Sheet, Verfied Complaint, Memorandum of Points and Authorities in Support of Application for Injunctive Relief, Application for Injunctive Relief and Request for TRO, Certificate of Compulsory Arbitration, Proposed Injunctive Relief and TRO upon N2 Pack Canada Incorporated, Eric Marciniak, and Brendan Pogue on 3/10/19. (Originals filed in Maricopa County Superior Court on 3/20/19.) (KAH) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Defendant: Alex Abellan
Represented By: David Gary Barker
Represented By: Robert Arthur Henry
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Defendant: N2 Pack Canada Incorporated
Represented By: David Gary Barker
Represented By: Robert Arthur Henry
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Defendant: Brendan Pogue
Represented By: David Gary Barker
Represented By: Robert Arthur Henry
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Defendant: Unknown Parties
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Defendant: Eric Marciniak
Represented By: David Gary Barker
Represented By: Robert Arthur Henry
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Defendant: Alejo Abellan
Represented By: David Gary Barker
Represented By: Robert Arthur Henry
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Defendant: Chakra Cannabis Corporation
Represented By: David Gary Barker
Represented By: Robert Arthur Henry
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Plaintiff: N2 Packaging Systems LLC
Represented By: Troy Daniel Roberts
Represented By: Justin Michael Brandt
Represented By: Logan Vincent Elia
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