Wurmlinger v. N and D Restaurants LLC, et al
Plaintiff: Doreen Wurmlinger
Defendant: N and D Restaurants LLC, Unknown Parties and Olive Garden Holdings LLC
Case Number: 2:2019cv03055
Filed: May 13, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Diane J Humetewa
Nature of Suit: Personal Injury: Other
Cause of Action: 28:1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2019 Opinion or Order Filing 21 ORDER: Upon the Court's own review of the docket, it is noted that Plaintiff has filed two documents titled First Amended Complaint that appear to be duplicates. (See Docs. 16 and 17). The Court will accordingly strike Doc. 16 and designate Doc. 17 as the operative First Amended Complaint. ORDERED by Judge Diane J Humetewa on 7/1/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
July 1, 2019 Filing 20 ANSWER to Complaint with Jury Demand by N and D Restaurants LLC.(Obert, Michael)
June 21, 2019 Filing 19 NOTICE of Service of Discovery filed by N and D Restaurants LLC. (Obert, Michael)
June 19, 2019 Filing 18 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant N and D Restaurants LLC. (Obert, Michael)
June 18, 2019 Filing 17 *FIRST AMENDED COMPLAINT by Doreen Wurmlinger. (Hogle, Dana) *Modified to reflect duplicate PDF of #16 ; attorney noticed on 6/19/2019 (LAD).
June 14, 2019 Filing 16 STRICKEN by Doc. 21 *FIRST AMENDED COMPLAINT by Doreen Wurmlinger. (Hogle, Dana) *Modified event on 6/14/2019. (LFIG) * Modified to correct event; attorney noticed on 6/17/2019 (LAD). Modified on 7/1/2019 (LFIG).
June 6, 2019 Filing 15 NOTICE TO FILER OF DEFICIENCY re: #14 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) Complaint filed by Doreen Wurmlinger. Document not in compliance with LRCiv 15.1(b) - The amending party must file a separate clean version of the amended pleading. FOLLOW-UP ACTION REQUIRED: Please file. 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. (LFIG)
June 5, 2019 Filing 14 *NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) Complaint by Doreen Wurmlinger. (Attachments: #1 Exhibit Exhibit A - FAC Redlined, #2 Exhibit Exhibit B - FAC, #3 Text of Proposed Order Proposed Order)(Hogle, Dana) *Modified on 6/6/2019 to correct event. (LFIG)
June 4, 2019 Filing 13 Corporate Disclosure Statement by N and D Restaurants LLC. (Obert, Michael)
June 3, 2019 Filing 12 SECOND 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 seven (7) days. Corporate Disclosure Statement Deadline set as to N and D Restaurants LLC. (LFIG)
May 20, 2019 Opinion or Order Filing 10 ORDER setting a Rule 16 Scheduling Conference for 8/9/2019 at 11:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 5/17/2019. (See Order for details.) (LFIG)
May 17, 2019 Filing 11 NOTICE TO FILER OF DEFICIENCY re: #9 Answer to Complaint filed by N and D Restaurants 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. (SLQ)
May 17, 2019 Filing 9 ANSWER to Complaint by N and D Restaurants LLC.(Obert, Michael)
May 14, 2019 Filing 8 NOTICE of Errata by Defendant N and D Restaurants LLC. (Attachments: #1 Exhibit Exhibit "H")(Obert, Michael)
May 14, 2019 Opinion or Order Filing 7 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 Defendant(s) who have not yet appeared and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 5/14/2019. (LFIG)
May 14, 2019 Filing 6 Additional Attachments to Main Document re: #1 Complaint by Defendant N and D Restaurants LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplement Supplemental Civil Cover Sheet)(Obert, Michael)
May 13, 2019 Filing 5 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 N and D Restaurants LLC. (DLC)
May 13, 2019 Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by N and D Restaurants LLC. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case and a Supplemental Civil Cover Sheet. 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. (DLC)
May 13, 2019 Filing 3 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)
May 13, 2019 Filing 2 Filing fee paid, receipt number 0970-16905194. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-19-03055-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC)
May 13, 2019 Filing 1 *NOTICE OF REMOVAL. Filing fee received: $ 400.00, receipt number 0970-16905194 filed by N and D Restaurants LLC. (Obert, Michael) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(DLC) *Modified on 5/13/2019 to correct event (DLC).

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Defendant: N and D Restaurants LLC
Represented By: Barrett Neal Lindsey
Represented By: Michael Patrick Obert, Jr.
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Defendant: Unknown Parties
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Defendant: Olive Garden Holdings LLC
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Plaintiff: Doreen Wurmlinger
Represented By: Nathan John Hogle
Represented By: Dana Reed Hogle
Represented By: Jacob Thomas Hogle
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