Graff v. Biltmore Loan and Jewelry - Scottsdale LLC

Plaintiff: Stanley V Graff
Defendant: Leslie Hindman Auctioneers Incorporated, Biltmore Loan and Jewelry - Scottsdale LLC, Jim Parks, Ray Harvey, Owings Gallery Incorporated, Zaplin-Lambert Gallery Incorporated and Nathaniel O Owings
Case Number: 2:2019cv03757
Filed: May 29, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Susan M Brnovich
Nature of Suit: Personal Property: Other
Cause of Action: 28:1441
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on July 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 26, 2019 Opinion or Order Filing 128 ORDER:Defendant Biltmore Loan and Jewelry-Scottsdale LLC shall have until August 12, 2019 to file its Motion to Dismiss or otherwise respond to the Complaint. Signed by Judge Susan M Brnovich on 7/26/2019. (TCA)
July 26, 2019 Remark: as to out of state counsel Douglas F Monkhouse and Kirstin Beth Ives - removed for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 22, 2019 Filing 127 *First MOTION for Extension of Time to File Answer as to #1 Notice of Removal by Biltmore Loan and Jewelry - Scottsdale LLC. (Peters, Kenneth) *Modified to correct motion type on 7/23/2019 (REK).
July 8, 2019 Opinion or Order Filing 126 ORDER: Upon review of the parties R26(f)Case Management Report, a scheduling conference appears premature. Therefore, IT IS ORDERED vacating the telephonic conference scheduled for July 11, 2019 and resetting to August 16, 2019 at 09:00 AM (15 minutes) in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA)
July 8, 2019 Filing 125 AMENDED COMPLAINT Plaintiff's Original Complaint against Stanley V Graff filed by Stanley V Graff.(Cox, Joseph)
July 5, 2019 Filing 124 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Joint Report filed by Plaintiff Stanley V Graff. (Cox, Joseph)
July 3, 2019 Filing 123 NOTICE TO FILER OF DEFICIENCY re: #122 Report - Status filed by Stanley V Graff. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Document not in compliance with LRCiv 7.1(a)(1) - The name, address, email address, State Bar Attorney number, telephone number, and optionally the fax number, of the attorney appearing for the party in the action or proceeding and whether the attorney appears for the plaintiff, defendant, or other party - in propria persona - must be typewritten or printed in teh space to the left of the center of the page and beginning at line one (1) on the first page. The space to the right of the center must be reserved for the filing marks of the Clerk. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK)
July 2, 2019 Filing 122 STATUS REPORT Joint Status Report by Stanley V Graff. (Cox, Joseph)
June 26, 2019 Remark: Pro hac vice motion granted for Joseph M Cox on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 25, 2019 Opinion or Order Filing 121 ORDER: Plaintiff shall file a new complaint no later than July 8, 2019 and file the status report as soon as counsel's pro hac vice application is approved. A Telephonic Scheduling Conference is set for 7/11/2019 at 09:15 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich.. Signed by Judge Susan M Brnovich on 6/25/2019. (TCA)
June 25, 2019 Remark: Pro hac vice motions granted for Kenneth D Peters, John Thomas Wagener and Marc Alan Primack on behalf of Biltmore Loan and Jewelry Scottsdale LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
May 30, 2019 Opinion or Order Filing 120 ORDER: This case having recently been transferred to the District of Arizona, IT IS ORDERED that the parties submit a joint status report to the Court no later than June 18, 2019. The Status Report should include a statement about any pending motions, a statement as to the status of discovery, and a statement about status of settlement negotiations (specifically if the parties want a referral to a magistrate judge for settlement conference). ORDERED by Judge Susan M. Brnovich This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA)
May 29, 2019 Filing 119 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 Biltmore Loan and Jewelry - Scottsdale LLC. (MAP)
May 29, 2019 Filing 118 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. (MAP)
May 29, 2019 Filing 117 Letter Re Transfer of 1:17-cv-6748-SLE from the Northern District of Illinois to the District of Arizona. New Case Number: CV-19-3757-PHX-SMB. (MAP)
May 29, 2019 Filing 116 CASE TRANSFERRED IN from District of Illinois Northern; Case Number 1:17-cv-06748 . Original file certified copy of transfer order and docket sheet received
May 21, 2019 Filing 115 TRANSFERRED to the District of Arizona the the electronic record. (kp, ) [Transferred from ilnd on 5/29/2019.]
May 14, 2019 Filing 114 RESPONSE by Stanley V. Graff to MOTION by Defendant Leslie Hindman Auctioneers, Inc. to dismiss (SECOND) THIRD AMENDED COMPLAINT AGAINST IT #105 (Incorrect Exhibit A attached to prior Response) (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
May 14, 2019 Filing 113 MINUTE entry before the Honorable Sara L. Ellis: Plaintiff's motion for extension of time #109 is granted. Plaintiff's responses are due by 5/14/19 and Defendants' replies are due by 5/28/19. Mailed notice (rj, ) [Transferred from ilnd on 5/29/2019.]
May 14, 2019 Filing 112 RESPONSE by Stanley V. Graff to MOTION by Defendants Ray Harvey, The Owings Gallery, Inc., Jim Parks, Zaplin-Lambert Gallery, Inc., Nathaniel O. Owings to dismiss #102 (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
May 14, 2019 Filing 111 RESPONSE by Stanley V. Graff to MOTION by Defendant Leslie Hindman Auctioneers, Inc. to dismiss (SECOND) THIRD AMENDED COMPLAINT AGAINST IT #105 (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
May 7, 2019 Filing 110 NOTICE of Motion by Kirstin Beth Ives for presentment of motion for extension of time to file response/reply #109 before Honorable Sara L. Ellis on 5/15/2019 at 09:45 AM. (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
May 7, 2019 Filing 109 MOTION by Plaintiff Stanley V. Graff for extension of time to file response/reply (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
April 9, 2019 Filing 108 MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 4/9/2019. Briefing schedule on motions to dismiss: Plaintiff's response is due by 5/7/19; Defendants' reply is due by 5/21/19. Plaintiff withdraws Count IX as to Hoffman painting with prejudice as to Defendant Hindman. Next status date set for 8/13/2019 at 9:30 AM for ruling on motions to dismiss. Mailed notice (rj, ) [Transferred from ilnd on 5/29/2019.]
April 2, 2019 Filing 107 NOTICE of Motion by Alan R. Borlack for presentment of motion to dismiss #105 before Honorable Sara L. Ellis on 4/9/2019 at 09:30 AM. (Borlack, Alan) [Transferred from ilnd on 5/29/2019.]
April 2, 2019 Filing 106 MEMORANDUM by Leslie Hindman Auctioneers, Inc. in support of motion to dismiss #105 (Attachments: #1 Exhibit A)(Borlack, Alan) [Transferred from ilnd on 5/29/2019.]
April 2, 2019 Filing 105 MOTION by Defendant Leslie Hindman Auctioneers, Inc. to dismiss (SECOND) THIRD AMENDED COMPLAINT AGAINST IT (Borlack, Alan) [Transferred from ilnd on 5/29/2019.]
March 29, 2019 Filing 104 NOTICE of Motion by Barry F. Irwin for presentment of motion to dismiss #102 before Honorable Sara L. Ellis on 4/9/2019 at 09:30 AM. (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
March 29, 2019 Filing 103 MEMORANDUM by Ray Harvey, Nathaniel O. Owings, Jim Parks, The Owings Gallery, Inc., Zaplin-Lambert Gallery, Inc. in support of motion to dismiss #102 (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
March 29, 2019 Filing 102 MOTION by Defendants Ray Harvey, The Owings Gallery, Inc., Jim Parks, Zaplin-Lambert Gallery, Inc., Nathaniel O. Owings to dismiss (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
March 18, 2019 Filing 101 Refiled Third AMENDED complaint by Stanley V. Graff against Ray Harvey, Leslie Hindman Auctioneers, Inc., Nathaniel O. Owings, Jim Parks, The Owings Gallery, Inc., Zaplin-Lambert Gallery, Inc. (Attachments: Exhibit A - Affidavit of Autumn V. Kraus - and Verification of Stanley V. Graff) (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
March 15, 2019 Filing 100 Verification by Stanley V. Graff (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
March 15, 2019 Filing 99 Third AMENDED complaint by Stanley V. Graff against Ray Harvey, Leslie Hindman Auctioneers, Inc., Nathaniel O. Owings, Jim Parks, The Owings Gallery, Inc., Zaplin-Lambert Gallery, Inc. (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
February 13, 2019 Filing 98 MINUTE entry before the Honorable Sara L. Ellis: Status hearing set for 4/9/2019 at 9:30 AM. If Defendants intend to file a motion to dismiss in response to the third amended complaint, it should be noticed for presentment on 4/9/2019. No appearance required, 2/14/2019. Mailed notice (rj, ) [Transferred from ilnd on 5/29/2019.]
February 12, 2019 Opinion or Order Filing 97 ORDER: The Court grants in part and denies in part Plaintiff Stanley V. Graff's motion to alter or amend judgment #88 . The Court orders the Clerk to vacate the judgment entered September 19, 2018 #87 . The Court grants Graff leave to file a third amended complaint against Defendants with respect to his claims concerning the Berninghaus and Higgins paintings by March 15, 2019. The Court severs Graff's claims in the third amended complaint against Defendant Biltmore Loan & Jewelry Scottsdale, LLC and transfers those claims to the District of Arizona pursuant to 28 U.S.C. 1404. See Statement. Signed by the Honorable Sara L. Ellis on 2/12/2019. Mailed notice. (kp, ) [Transferred from ilnd on 5/29/2019.]
December 27, 2018 Filing 96 TRANSCRIPT OF PROCEEDINGS held on 10/30/18 before the Honorable Sara L. Ellis. Order Number: 33141. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/17/2019. Redacted Transcript Deadline set for 1/28/2019. Release of Transcript Restriction set for 3/27/2019. (Mullen, Patrick) [Transferred from ilnd on 5/29/2019.]
December 11, 2018 Filing 95 REPLY by Plaintiff Stanley V. Graff to response in opposition to motion, #92 , motion to alter judgment, motion to amend/correct #88 , memorandum in opposition to motion #93 (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
December 11, 2018 Filing 94 REPLY by Plaintiff Stanley V. Graff to response to motion #91 , motion to alter judgment, motion to amend/correct #88 (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
November 27, 2018 Filing 93 MEMORANDUM by Ray Harvey, Nathaniel O. Owings, Jim Parks, The Owings Gallery, Inc., Zaplin-Lambert Gallery, Inc. in Opposition to motion to alter judgment, motion to amend/correct #88 (Attachments: #1 Exhibit 1)(Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
November 27, 2018 Filing 92 RESPONSE by Leslie Hindman Auctioneers, Inc.in Opposition to MOTION by Plaintiff Stanley V. Graff to alter judgment orMOTION by Plaintiff Stanley V. Graff to amend/correct Judgment #88 (Attachments: #1 Exhibit A)(Borlack, Alan) [Transferred from ilnd on 5/29/2019.]
November 27, 2018 Filing 91 RESPONSE by Biltmore Loan and Jewelry-Scottsdale LLC to MOTION by Plaintiff Stanley V. Graff to alter judgment orMOTION by Plaintiff Stanley V. Graff to amend/correct Judgment #88 (Primack, Marc) [Transferred from ilnd on 5/29/2019.]
October 30, 2018 Filing 90 MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on 10/30/2018 regarding motion to alter judgment. Briefing schedule as to motion to alter judgment #88 : Defendant's response is due by 11/27/2018; Plaintiff's reply is due by 12/11/2018. Status hearing set for 2/14/2019 at 1:30 PM for ruling on motion to alter judgment. Mailed notice (rj, ) [Transferred from ilnd on 5/29/2019.]
October 17, 2018 Filing 89 NOTICE of Motion by Kirstin Beth Ives for presentment of motion to alter judgment, motion to amend/correct #88 before Honorable Sara L. Ellis on 10/30/2018 at 09:45 AM. (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
October 17, 2018 Filing 88 MOTION by Plaintiff Stanley V. Graff to alter judgment or, MOTION by Plaintiff Stanley V. Graff to amend/correct Judgment (Attachments: #1 Exhibit s A - C)(Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
September 19, 2018 Filing 87 ENTERED JUDGMENT Signed by the Courtroom Deputy on 9/19/2018: Mailed notice (mw, ) [Transferred from ilnd on 5/29/2019.]
September 19, 2018 Filing 86 OPINION AND ORDER Signed by the Honorable Sara L. Ellis on 9/19/2018: Mailed notice (mw, ) [Transferred from ilnd on 5/29/2019.]
September 19, 2018 Filing 85 MINUTE entry before the Honorable Sara L. Ellis: For the reasons stated in the Court's Opinion and Order the Court grants Biltmore's motion to dismiss #49 , deniesBiltmore's motion to transfer venue #49 as moot, and grants Leslie Hindman and the Owings Defendants' motions to dismiss [52, 55]. The Court dismisses the second amended complaint without prejudice. Civil case terminated. Mailed notice (mw, ) [Transferred from ilnd on 5/29/2019.]
August 16, 2018 Filing 84 MINUTE entry before the Honorable Sara L. Ellis: Status hearing reset to 9/25/2018 at 9:30 a.m. Status hearing set for 10/18/18 is stricken. Mailed notice (mw, ) [Transferred from ilnd on 5/29/2019.]
August 3, 2018 Filing 83 REPLY by Biltmore Loan and Jewelry-Scottsdale LLC to Response #82 , Response #81 (Primack, Marc) [Transferred from ilnd on 5/29/2019.]
July 20, 2018 Filing 82 RESPONSE by Defendant Leslie Hindman Auctioneers, Inc. IN OPPOSITION TO BILTMORE'S SECTION 1404(a) MOTION TO TRANSFER CASE (Borlack, Alan) [Transferred from ilnd on 5/29/2019.]
July 20, 2018 Filing 81 RESPONSE by Plaintiff Stanley V. Graff to Motion to Dismiss filed by Biltmore Loan & Jewelry-Scottsdale LLC (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
June 27, 2018 Filing 80 ATTORNEY Appearance for Plaintiff Stanley V. Graff by Douglas F. Monkhouse (Monkhouse, Douglas) [Transferred from ilnd on 5/29/2019.]
June 26, 2018 Opinion or Order Filing 79 ORDER: Motion by Douglas F. Monkhouse for leave to proceed pro hac vice #78 is granted. Signed by the Honorable Sara L. Ellis on 6/26/2018. Mailed notice(las, ) [Transferred from ilnd on 5/29/2019.]
June 22, 2018 Filing 78 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14620422. (Monkhouse, Douglas) [Transferred from ilnd on 5/29/2019.]
June 20, 2018 Filing 77 MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 6/20/2018. Status hearing set for 10/18/2018 at 1:30 PM for ruling on motions to dismiss #49 , #52 , #55 . Mailed notice (rj, ) [Transferred from ilnd on 5/29/2019.]
June 13, 2018 Filing 76 STATUS Report - Joint Initial Status Report for Reassigned Case on behalf of all parties and filed by Stanley V. Graff (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
June 4, 2018 Filing 75 MINUTE entry before the Honorable Sara L. Ellis: The Court sets a status hearing for 6/20/2018 at 9:30 AM and the parties should file, by 6/13/2018, an initial status report for re-assigned case that the parties can find on the Court's website: http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_judges/ellis/Initial% 20Status%20Reassigned%20Cases%20Judge%20Ellis.pdf. Mailed notice (rj, ) [Transferred from ilnd on 5/29/2019.]
May 23, 2018 Filing 74 NOTICE by Reid P. Huefner of Change of Address (Huefner, Reid) [Transferred from ilnd on 5/29/2019.]
May 23, 2018 Filing 73 NOTICE by Adam J Reis of Change of Address (Reis, Adam) [Transferred from ilnd on 5/29/2019.]
May 23, 2018 Filing 72 EXECUTIVE COMMITTEE ORDER:It appearing that cases previously assigned to the Honorable Amy J. St. Eve requires reassignment; therefore It is hereby ordered that the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f) within the guidelines of IOP 16. Case reassigned to the Honorable Sara L. Ellis for all further proceedings. Honorable Amy J. St. Eve no longer assigned to the case. Signed by Executive Committee on 5/23/18.(rp, ) [Transferred from ilnd on 5/29/2019.]
May 23, 2018 Filing 71 NOTICE by Barry F. Irwin of Change of Address (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
May 21, 2018 Filing 70 MINUTE entry before the Honorable Amy J. St. Eve: Motion hearing held on 5/21/2018. Biltmore's uncontested second motion for extension of time #68 is granted in part. Biltmore is given until 6/29/18 to present Mr. Marc Israel for his deposition. A status report as to Mr. Israel shall be filed by 6/13/18. Status hearing set for 5/31/18 is stricken and reset to 6/18/18 at 8:30 a.m. Plaintiff's response to Biltmore's motion to dismiss #49 shall be filed by 7/20/18. Reply by 8/3/18. Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
May 15, 2018 Filing 69 NOTICE of Motion by Kenneth D. Peters for presentment of extension of time #68 before Honorable Amy J. St. Eve on 5/21/2018 at 08:30 AM. (Peters, Kenneth) [Transferred from ilnd on 5/29/2019.]
May 15, 2018 Filing 68 MOTION by Defendant Biltmore Loan and Jewelry-Scottsdale LLC for extension of time to present affiant for deposition and adjustment of briefing schedule on Biltmore Loan and Jewelry-Scottsdale, LLC's motion to dismiss (Peters, Kenneth) [Transferred from ilnd on 5/29/2019.]
March 15, 2018 Filing 67 REPLY by Ray Harvey, Nathaniel O. Owings, Jim Parks, The Owings Gallery, Inc., Zaplin-Lambert Gallery, Inc. to response in opposition to motion, #62 (Attachments: #1 Exhibit A, Featherston et al.)(Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
March 15, 2018 Filing 66 RESPONSE by Leslie Hindman Auctioneers, Inc.in Support of MOTION by Defendant Leslie Hindman Auctioneers, Inc. to dismiss SECOND AMENDED COMPLAINT AGAINST IT #55 (Borlack, Alan) [Transferred from ilnd on 5/29/2019.]
March 6, 2018 Filing 65 MINUTE entry before the Honorable Amy J. St. Eve: Biltmore's uncontested motion for extension of time #63 is granted. Biltmore is given until 5/15/18 to present Mr. Marc Israel for his deposition. Plaintiff's response to Biltmore's motion to dismiss #49 shall be filed 28 days from the date of Mr. Israel's deposition and Biltmore's reply shall be due 21 days from Plaintiff's response date. No appearance is required on the 3/12/18 notice motion date. Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
March 5, 2018 Filing 64 NOTICE of Motion by Kenneth D. Peters for presentment of extension of time #63 before Honorable Amy J. St. Eve on 3/12/2018 at 08:30 AM. (Peters, Kenneth) [Transferred from ilnd on 5/29/2019.]
March 5, 2018 Filing 63 MOTION by Defendant Biltmore Loan and Jewelry-Scottsdale LLC for extension of time to present affiant for deposition and adjustment of briefing schedule on Biltmore Loan and Jewelry- Scottsdale, LLC's mtoion to dismiss (Peters, Kenneth) [Transferred from ilnd on 5/29/2019.]
February 22, 2018 Filing 62 RESPONSE by Stanley V. Graffin Opposition to MOTION by Defendants Ray Harvey, The Owings Gallery, Inc., Jim Parks, Zaplin-Lambert Gallery, Inc., Nathaniel O. Owings to dismiss #52 , MOTION by Defendant Leslie Hindman Auctioneers, Inc. to dismiss SECOND AMENDED COMPLAINT AGAINST IT #55 (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
February 5, 2018 Filing 61 MINUTE entry before the Honorable Amy J. St. Eve: Plaintiff's uncontested motion for extension of time #59 is granted. Plaintiff's response in opposition to the motions to dismiss of the Hindman and Owings Defendants #52 #55 shall be filed by 2/22/18. Replies by 3/15/18. No appearance is required on the 2/8/18 notice motion date. Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
February 2, 2018 Filing 60 NOTICE of Motion by Kirstin Beth Ives for presentment of motion for extension of time to file response/reply #59 before Honorable Amy J. St. Eve on 2/8/2018 at 08:30 AM. (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
February 2, 2018 Filing 59 MOTION by Plaintiff Stanley V. Graff for extension of time to file response/reply re Motions to Dismiss as to the Hindman and Owings Defendants (UNCONTESTED) (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
January 17, 2018 Filing 58 MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 6/1/18 is stricken and reset to 5/31/2018 at 08:30 AM.Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
January 16, 2018 Filing 57 MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 1/16/2018 and continued to 6/1/18 at 8:30 a.m. Biltmore's motion to dismiss #49 is entered. As discussed in open court, depositions of affiants shall be completed by 2/15/18. Response by 3/8/18. Reply by 3/22/18. Owings defendants and Leslie Hindman Auctioneers' motions to dismiss #52 #55 are entered. Response, up to 25 pages, by 2/15/18. Replies by 3/1/18. Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
January 12, 2018 Filing 56 NOTICE of Motion by Alan R. Borlack for presentment of motion to dismiss #55 before Honorable Amy J. St. Eve on 1/16/2018 at 08:30 AM. (Borlack, Alan) [Transferred from ilnd on 5/29/2019.]
January 12, 2018 Filing 55 MOTION by Defendant Leslie Hindman Auctioneers, Inc. to dismiss SECOND AMENDED COMPLAINT AGAINST IT (Attachments: #1 Exhibit A)(Borlack, Alan) [Transferred from ilnd on 5/29/2019.]
January 12, 2018 Filing 54 NOTICE of Motion by Barry F. Irwin for presentment of motion to dismiss #52 before Honorable Amy J. St. Eve on 1/16/2018 at 08:30 AM. (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
January 12, 2018 Filing 53 MEMORANDUM by Ray Harvey, Nathaniel O. Owings, Jim Parks, The Owings Gallery, Inc., Zaplin-Lambert Gallery, Inc. in support of motion to dismiss #52 (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
January 12, 2018 Filing 52 MOTION by Defendants Ray Harvey, The Owings Gallery, Inc., Jim Parks, Zaplin-Lambert Gallery, Inc., Nathaniel O. Owings to dismiss (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
January 12, 2018 Filing 51 NOTICE of Motion by Kenneth D. Peters for presentment of motion to dismiss/lack of jurisdiction #49 before Honorable Amy J. St. Eve on 1/16/2018 at 08:30 AM. (Peters, Kenneth) [Transferred from ilnd on 5/29/2019.]
January 12, 2018 Filing 50 MEMORANDUM by Biltmore Loan and Jewelry-Scottsdale LLC in support of motion to dismiss/lack of jurisdiction #49 (Peters, Kenneth) [Transferred from ilnd on 5/29/2019.]
January 12, 2018 Filing 49 MOTION by Defendant Biltmore Loan and Jewelry-Scottsdale LLC to dismiss for lack of jurisdiction or alternative motion to transfer (Attachments: #1 Exhibits)(Peters, Kenneth) [Transferred from ilnd on 5/29/2019.]
December 22, 2017 Filing 48 DECLARATION of Barry F. Irwin, P.C. regarding order on motion for extension of time to amend,, motion hearing, set deadlines,,,,,,,,,,,, #45 (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
December 22, 2017 Filing 47 Second AMENDED complaint by Stanley V. Graff against Biltmore Loan and Jewelry-Scottsdale LLC, Ray Harvey, Leslie Hindman Auctioneers, Inc., Nathaniel O. Owings, Jim Parks, The Owings Gallery, Inc., Zaplin-Lambert Gallery, Inc. and terminating Unknown Defendant (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
December 21, 2017 Filing 46 MOTION by Plaintiff Stanley V. Graff for extension of time to amend and request for preliminary discovery to identify the remaining unknown defendant (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
December 21, 2017 Opinion or Order Filing 45 ORDER: Motion hearing held on 12/21/17. Plaintiff's motion for extension of time and request for preliinary discovery #42 is denied. The Clerk's Office is directed to place the motion at doc. 42 under seal and plaintiff is directed to file a redacted version of the motion. Mr. Irwin hall filed a declaration stating that the painting is under control of the client by 12/22/17. Plaintiff's second amended complaint shall be filed by 12/22/17. Defendants shall answer or otherwise plead by 1/12/18. The court stays the mandatory initial disclosures and the defendants' answers until further order of the Court. Status hearing remains set for 1/16/18 at 8:30 a.m. Signed by the Honorable Amy J. St. Eve on 12/21/2017. Mailed notice (ags, ) [Transferred from ilnd on 5/29/2019.]
December 18, 2017 Opinion or Order Filing 44 ORDER: Motion for leave to appear pro hac vice on behalf of plaintiff Stanley Graff by Joseph Cox #41 is granted. Signed by the Honorable Amy J. St. Eve on 12/18/2017. Mailed notice (ags, ) [Transferred from ilnd on 5/29/2019.]
December 15, 2017 Filing 43 NOTICE of Motion by Kirstin Beth Ives for presentment of motion for extension of time to amend #42 before Honorable Amy J. St. Eve on 12/21/2017 at 08:30 AM. (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
December 15, 2017 Filing 42 MOTION by Plaintiff Stanley V. Graff for extension of time to amend and request for preliminary discovery to identify the remaining unknown defendant (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
December 15, 2017 Filing 41 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13912918. (Cox, Joseph) [Transferred from ilnd on 5/29/2019.]
November 28, 2017 Filing 40 MINUTE entry before the Honorable Amy J. St. Eve: Motion hearing held on 11/28/2017. Owings Defendants' motion to defer time to answer and serve MID #38 is granted. Plaintiff may serve an interrogatory regarding identifying the undisclosed defendant by 12/1/17. Answer to said interrogatory by 12/11/17. Plaintiff's second amended complaint shall be filed by 12/15/17. All defendants shall answer or otherwise plead by 1/12/18. Status hearing set for 12/4/17 is stricken and reset to 1/16/18 at 8:30 a.m. Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
November 22, 2017 Filing 39 NOTICE of Motion by Barry F. Irwin for presentment of Motion to Defer Responsive Pleading Deadline #38 before Honorable Amy J. St. Eve on 11/28/2017 at 08:30 AM. (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
November 22, 2017 Filing 38 MOTION to Defer Responsive Pleading Deadline (MIDP) (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
November 9, 2017 Filing 37 First AMENDED complaint by Stanley V. Graff against Biltmore Loan and Jewelry-Scottsdale LLC, Ray Harvey, Leslie Hindman Auctioneers, Inc., Nathaniel O. Owings, The Owings Gallery, Inc., Jim Parks, Zaplin-Lambert Gallery, Inc., Unknown Defendant and terminating Unknown Defendants 1-3 (Attachments: #1 Exhibit Verification of Stanley V. Graff)(Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
November 6, 2017 Filing 36 MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 11/6/2017 and continued to 12/4/2017 at 08:30 AM. Plaintiff's request for entry of default against Leslie Hindman Auctioners, Inc. is denied as moot. Plaintiff's amended complaint shall be filed by 11/9/17. Defendants shall answer or otherwise plead by 11/28/17. Rule 26(f) report deadline is stricken. Mailed notice (kef, ) Modified on 11/6/2017 (kef, ). [Transferred from ilnd on 5/29/2019.]
November 2, 2017 Filing 35 ATTORNEY Appearance for Defendant Leslie Hindman Auctioneers, Inc. by Eric Gustav Grossman (Grossman, Eric) [Transferred from ilnd on 5/29/2019.]
November 2, 2017 Filing 34 ATTORNEY Appearance for Defendant Leslie Hindman Auctioneers, Inc. by Alan R. Borlack (Borlack, Alan) [Transferred from ilnd on 5/29/2019.]
November 1, 2017 Filing 33 ATTORNEY Appearance for Defendants Ray Harvey, Nathaniel O. Owings, The Owings Gallery, Inc. by Adam J Reis (Reis, Adam) [Transferred from ilnd on 5/29/2019.]
November 1, 2017 Filing 32 ATTORNEY Appearance for Defendants Ray Harvey, Nathaniel O. Owings, The Owings Gallery, Inc. by Reid P. Huefner (Huefner, Reid) [Transferred from ilnd on 5/29/2019.]
November 1, 2017 Filing 31 REQUEST For Default Against Defendant Leslie Hindman Auctioneers, Inc. (Attachments: #1 Exhibit 1 - 2017-08-25 Verified Complaint, #2 Affidavit Exhibit 2 - Affidavit of K. Ives In Support of Request for Entry of Default)(Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
October 26, 2017 Filing 30 MEMORANDUM Opinion and Order Signed by the Honorable Amy J. St. Eve on 10/26/2017:Mailed notice(kef, ) [Transferred from ilnd on 5/29/2019.]
October 26, 2017 Filing 29 MINUTE entry before the Honorable Amy J. St. Eve: The Court denies Plaintiff's motion for remand. #13 Each party will bear its own attorneys' fees and costs. [For further details, see separate Memorandum Opinion and Order.] Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
October 19, 2017 Filing 28 MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 10/23/17 is stricken and reset to 11/6/2017 at 08:30 AM.Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
October 19, 2017 Filing 27 REPLY by Plaintiff Stanley V. Graff in Support of his Motion for Remand Pursuant to 28 U.S.C. 1441(b)(2) and 1447 (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
October 12, 2017 Filing 26 MEMORANDUM by Ray Harvey, Nathaniel O. Owings, The Owings Gallery, Inc. in Opposition to motion to remand #13 (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
October 12, 2017 Filing 25 MINUTE entry before the Honorable Amy J. St. Eve: Defendants' unopposed motions for extension of time #20 #22 are granted. Defendants shall answer or otherwise plead by 11/20/17. Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
October 11, 2017 Filing 24 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Biltmore Loan and Jewelry-Scottsdale LLC (Primack, Marc) [Transferred from ilnd on 5/29/2019.]
October 11, 2017 Filing 23 NOTICE of Motion by Marc Alan Primack for presentment of extension of time #22 before Honorable Amy J. St. Eve on 10/23/2017 at 08:30 AM. (Primack, Marc) [Transferred from ilnd on 5/29/2019.]
October 11, 2017 Filing 22 MOTION by Defendant Biltmore Loan and Jewelry-Scottsdale LLC for extension of time (Primack, Marc) [Transferred from ilnd on 5/29/2019.]
October 11, 2017 Filing 21 NOTICE of Motion by Barry F. Irwin for presentment of motion for extension of time to file answer #20 before Honorable Amy J. St. Eve on 10/23/2017 at 08:30 AM. (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
October 11, 2017 Filing 20 MOTION by Defendants Ray Harvey, Nathaniel O. Owings, The Owings Gallery, Inc. for extension of time to file answer (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
October 4, 2017 Filing 19 ATTORNEY Appearance for Defendant Biltmore Loan and Jewelry-Scottsdale LLC by Marc Alan Primack (Primack, Marc) [Transferred from ilnd on 5/29/2019.]
October 4, 2017 Filing 18 ATTORNEY Appearance for Defendant Biltmore Loan and Jewelry-Scottsdale LLC by John Thomas Wagener (Wagener, John) [Transferred from ilnd on 5/29/2019.]
October 4, 2017 Filing 17 ATTORNEY Appearance for Defendant Biltmore Loan and Jewelry-Scottsdale LLC by Kenneth D. Peters (Peters, Kenneth) [Transferred from ilnd on 5/29/2019.]
October 4, 2017 Filing 16 MINUTE entry before the Honorable Amy J. St. Eve:Motion hearing held on 10/4/2017. Plaintiff's motion to remand #13 is entered. Response by 10/12/17. Reply by 10/19/17. Rule 26(f) report shall be filed by 11/16/17. Status hearing remains set for 10/23/17 at 8:30 a.m. Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
September 28, 2017 Filing 15 MEMORANDUM by Stanley V. Graff in support of motion to remand #13 pursuant to 28 U.S.C. 1441(b)(2) and 1447 (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
September 28, 2017 Filing 14 NOTICE of Motion by Kirstin Beth Ives for presentment of motion to remand #13 before Honorable Amy J. St. Eve on 10/4/2017 at 08:30 AM. (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
September 28, 2017 Filing 13 MOTION by Plaintiff Stanley V. Graff to remand pursuant to 28 U.S.C. 1441(b)(2) and 1447 (Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
September 28, 2017 Filing 12 ATTORNEY Appearance for Plaintiff Stanley V. Graff by Kirstin Beth Ives (Attachments: #1 Certificate of Service)(Ives, Kirstin) [Transferred from ilnd on 5/29/2019.]
September 26, 2017 Filing 11 MINUTE entry before the Honorable Amy J. St. Eve: Unopposed motion for extension of time #7 is granted. All defendants shall answer or otherwise plead by 10/16/17. Rule 26(f) report shall be filed by 10/18/17. Status hearing set for 10/5/17 is stricken and reset to 10/23/17 at 8:30 a.m. No appearance is required on the 9/28/17 notice motion date. Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
September 25, 2017 Filing 10 ATTORNEY Appearance for Defendants Nathaniel O. Owings, The Owings Gallery, Inc. by Barry F. Irwin (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
September 25, 2017 Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Owings Gallery, Inc. (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
September 25, 2017 Filing 8 NOTICE of Motion by Barry F. Irwin for presentment of motion for extension of time to file answer #7 before Honorable Amy J. St. Eve on 9/28/2017 at 08:30 AM. (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
September 25, 2017 Filing 7 MOTION by Defendants Ray Harvey, Nathaniel O. Owings, The Owings Gallery, Inc. for extension of time to file answer (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
September 21, 2017 Filing 6 MINUTE entry before the Honorable Amy J. St. Eve: Initial status hearing set for 10/5/17 at 8:30 a.m. in courtroom 1241. Parties shall refer to Judge St. Eve's web page at www.ilnd.uscourts.gov and file a Rule 26(f) Initial Status Report by 10/2/17 as set forth in the Rule 26(f) Report procedure. Mailed notice (kef, ) [Transferred from ilnd on 5/29/2019.]
September 20, 2017 Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing 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 and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ags, ) [Transferred from ilnd on 5/29/2019.]
September 20, 2017 Filing 4 MAILED Notice of Removal letter to counsel of record. (ags, ) [Transferred from ilnd on 5/29/2019.]
September 19, 2017 CASE ASSIGNED to the Honorable Amy J. St. Eve. Designated as Magistrate Judge the Honorable Mary M. Rowland. (cc, ) [Transferred from ilnd on 5/29/2019.]
September 19, 2017 Filing 3 ATTORNEY Appearance for Defendant Ray Harvey by Barry F. Irwin (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
September 19, 2017 Filing 2 CIVIL Cover Sheet (Irwin, Barry) [Transferred from ilnd on 5/29/2019.]
September 19, 2017 Filing 1 NOTICE of Removal from Cook County, case number (2017-L-050808) filed by Ray Harvey Filing fee $ 400, receipt number 0752-13592362. Ray Harvey Notice of Removal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Irwin, Barry) [Transferred from ilnd on 5/29/2019.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Arizona District Court's Electronic Court Filings (ECF) System

Search for this case: Graff v. Biltmore Loan and Jewelry - Scottsdale LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Leslie Hindman Auctioneers Incorporated
Represented By: Alan R Borlack
Represented By: Eric Gustav Grossman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Biltmore Loan and Jewelry - Scottsdale LLC
Represented By: Marc Alan Primack
Represented By: John Thomas Wagener
Represented By: Kenneth D Peters
Represented By: John T Wagener
Represented By: Marc A Primack
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jim Parks
Represented By: Barry F Irwin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ray Harvey
Represented By: Adam J Reis
Represented By: Barry F Irwin
Represented By: Reid P Huefner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Owings Gallery Incorporated
Represented By: Adam J Reis
Represented By: Barry F Irwin
Represented By: Reid P Huefner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Zaplin-Lambert Gallery Incorporated
Represented By: Barry F Irwin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nathaniel O Owings
Represented By: Adam J Reis
Represented By: Barry F Irwin
Represented By: Reid P Huefner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Stanley V Graff
Represented By: Douglas F Monkhouse
Represented By: Kirstin Beth Ives
Represented By: Joseph Marion Cox
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?