Evans v. Scribe One Limited LLC et al
| Kellye Evans |
| Sydney Stern, Unknown Parties, Valorie Rupp, Unknown Stern, Bruce Tizes and Scribe One Limited LLC |
| 2:2019cv04339 |
| June 3, 2019 |
| US District Court for the District of Arizona |
| John Z Boyle |
| Douglas L Rayes |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2023. A more recent docket listing may be available from PACER.
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Filing 42
MOTION for Protective Order by Kellye Evans. (Attachments: #1 Exhibit Protective Order)(Ames, Victoria)
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Filing 41
STIPULATION OF FIRST EXTENSION OF DISCOVERY AND DISCLOSURE DEADLINE by Bruce Tizes. (Attachments: #1 Text of Proposed Order)(Wilenchik, Dennis)
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Filing 40
MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 7/26/2019 regarding deposition of Dr. Tizes. After hearing from the parties, the Court ORDERS that the deposition will be limited to at least 3 hours for purposes of the preliminary injunction. Plaintiff will be allowed to redepose Dr. Tizes at a later date after the preliminary injunction hearing. The parties are admonished to cooperate. APPEARANCES: Telephonic appearance by Michelle Breit for Plaintiff. Telephonic appearance by Rebecca Stanton and John Wilenchek for Defendants. (Court Reporter Barbara Stockford.) Hearing held 10:29 AM to 10:40 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 39
MINUTE ORDER: Telephonic Discovery Hearing re: 7/31/19 deposition set for 7/26/2019 at 10:30 AM before Judge Douglas L Rayes. Counsel for Plaintiff shall make the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 38
RESPONSE re: #25 MOTION for Service by Publication to Plaintiff's Motion for Service Fees and Costs by Defendant Bruce Tizes. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Wilenchik, John) *Modified linkage on 7/26/2019 (DXD).
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Filing 37
MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Dispute Hearing held on 7/24/2019. IT IS ORDERED that Defendants shall produce communications to and from Sydney Stern regarding the formation duties and responsibilities of the company concerning the operation of the company by no later than Friday, 7/26/2019. IT IS FURTHER ORDERED that Defendants shall produce a privilege log for any documents not turned over to Plaintiffs for communications between Sydney Stern and Bruce Tizes. Production of the communications and privilege log shall be produced by no later than Friday, 7/26/2019. IT IS FURTHER ORDERED that Defendants shall produce documents that contain information pertaining to Bruce Tizes' relationship to Scribe One, including but not limited to the job description, CV, tax documents and employment benefits issued by Scribe One by no later than Friday, 7/26/2019. APPEARANCES: Telephonic appearance by Victoria Ames and Michelle Breit for Plaintiff. Telephonic appearance by Rebecca Stanton for Defendants. (Court Reporter Jennifer Pancratz.) Hearing held 10:57 AM to 11:39 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
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Filing 36
MINUTE ORDER: Telephonic Discovery Dispute Hearing set at the request of Plaintiff re: deposition on 7/24/2019 at 11:00 AM before Judge Douglas L Rayes. Plaintiff will initiate the call. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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Filing 35
REPLY to Response to Motion re: #6 First MOTION for Temporary Restraining Order , #23 SEALED MOTION for Temporary Restraining Order SEALED MOTION for Preliminary Injunction SEALED MOTION to Appoint Receiver filed by Kellye Evans. (Ames, Victoria)
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Filing 34
NOTICE OF ATTORNEY APPEARANCE: John D. Wilenchik appearing for Bruce Tizes. Notice of Appearance as Counsel. (Wilenchik, John)
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Filing 33
*NOTICE of Appearance by John Douglas Wilenchik on behalf of Scribe One Limited LLC, Sydney Stern. (Wilenchik, John) *Modified to remove filer on 7/19/2019 (DXD).
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Filing 32
MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 7/15/2019. After hearing from the parties, the Court orders the deposition of defendant Sydney Stern shall be completed no later than 7/24/2019. The Court further orders defendants' discovery responses shall be due no later than 7/21/2019, and defendant shall supplement discovery responses within 24 hours of receipt of documentation. APPEARANCES: Telephonic appearance by Victoria Ames for Plaintiff. Telephonic appearance by Emile Harmon for Defendants Scribe One Limited LLC and Sydney Stern. (Court Reporter Jennifer Pancratz.) Hearing held 2:56 PM to 3:04 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 31
MINUTE ORDER: Telephonic Discovery Hearing set for 7/15/2019 at 03:00 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Counsel for Plaintiff shall make the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 30
SERVICE EXECUTED filed by Kellye Evans: Certificate of Service re: Summons and Complaint upon Bruce Tizes, M.D. on July 9, 2019. (Ames, Victoria)
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Filing 29
*SERVICE EXECUTED filed by Kellye Evans: Affidavit of Service re: Summons and Complaint upon Bruce Tizes, M.D. on July 10, 2019. (Ames, Victoria) *Modified to correct service date on 7/12/2019 (GMP).
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Filing 28
*ORDER granting #25 Motion for Alternative or Substitute Service of Process on Bruce R. Tizes, M.D. By no later than 7/11/2019, Plaintiff shall serve Defendant Tizes by leaving a copy of the summons and complaint at Scribe One, LLC's registered office, and by emailing a copy of the summons and complaint together with a copy of this order to Tizes at his last known email addresses, and shall file proof thereof with the Court. By no later than 7/25/2019, Defendant Tizes shall respond to Plaintiff's motion for service fees and costs. Plaintiff's motion for expedited preliminary injunction discovery (Doc. #25 ) is DENIED without prejudice. Signed by Judge Douglas L Rayes on 7/8/2019. (MMO) *Modified on 7/9/2019 to remove docket text (MMO).
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Filing 27
ANSWER to #1 Notice of Removal, First COUNTERCLAIM against Kellye Evans by Sydney Stern, Scribe One Limited LLC.(Harmon, Emile) *Modified linkage on 7/19/2019 (DXD).
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Filing 26
RESPONSE in Opposition re: #23 SEALED MOTION for Temporary Restraining Order SEALED MOTION for Preliminary Injunction SEALED MOTION to Appoint Receiver, #6 First MOTION for Temporary Restraining Order filed by Scribe One Limited LLC, Sydney Stern. (Attachments: #1 Exhibit In Support Of Response Brief)(Harmon, Emile)
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Filing 25
First MOTION for Service by Publication by Kellye Evans. (Attachments: #1 Exhibit Exhibit A-D)(Ames, Victoria)
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Filing 24
MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephone Conference re: #16 Renewed Motion for Temporary Restraining Order held on 7/2/2019. After hearing from the parties, the Court denies the #16 Renewed Motion for Temporary Restraining Order for the reasons stated on the record. The Court ORDERS the deposition of defendant Sydney Stern shall be completed no later than 7/15/2019. Discussion held regarding service of defendant Bruce Tizes. Defendants Scribe One and Sydney Stern's answer due no later than 7/8/2019. Motions for Sanctions denied. APPEARANCES: Telephonic appearance by Victoria Ames for Plaintiff. Telephonic appearance by Emile Harmon for Defendants Scribe One Limited LLC and Sydney Stern. (Court Reporter Jennifer Pancratz.) Hearing held 3:57 PM to 4:14 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 23
SEALED MOTION for Temporary Restraining Order, Preliminary Injunction and Alternatively SEALED MOTION to Appoint Receiver by Kellye Evans. (MAP)
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Filing 22
ORDER granting #7 Motion to Seal. The Clerk of the Court is directed to file under seal the document currently lodged at Doc. #8 . Signed by Judge Douglas L Rayes on 7/2/19. (MAP)
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Filing 21
Corporate Disclosure Statement by Scribe One Limited LLC. (Harmon, Emile)
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Filing 20
Corporate Disclosure Statement by Scribe One Limited LLC. (Harmon, Emile)
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Filing 19
*RESPONSE in Opposition re: #16 Second MOTION for Temporary Restraining Order filed by Scribe One Limited LLC, Sydney Stern, Unknown Stern, Bruce Tizes, Valorie Rupp. (Attachments: #1 Text of Proposed Order Order, #2 Affidavit Affidavit)(Harmon, Emile) *Modified to add additional filers; attorney noticed on 7/1/2019 (SST).
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Filing 18
NOTICE TO FILER OF DEFICIENCY re: #16 Second MOTION for Temporary Restraining Order filed by Kellye Evans. 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 signed by attorney Michelle Breit but submitted using the log-in and password belonging to attorney Victoria Ames. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST)
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Filing 17
ORDER: IT IS ORDERED that Defendants shall file a response to Plaintiff's renewed #16 Motion for Temporary Restraining Order by no later than 4:00 PM on 6/28/2019. IT IS FURTHER ORDERED that the parties appear for a Telephone Conference on 7/2/2019 at 04:00 PM. Counsel for Plaintiff shall make the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. Ordered by Judge Douglas L Rayes on 6/25/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 16
*Second MOTION for Temporary Restraining Order by Kellye Evans. (Attachments: #1 Exhibit Exhibits A-V)(Ames, Victoria) *Modified to reflect Local Rule violation on 6/26/2019 (SST).
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Filing 15
ORDER that Scribe One Limited LLC file its Corporate Disclosure Statement within 10 business days. Signed by Judge Douglas L Rayes on 6/25/2019. (Attachments: #1 Corporate Disclosure Statement) (MMO)
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Filing 14
MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Status Conference held on 6/14/2019. After hearing from the parties, the Court denies plaintiff's #6 Motion for TRO. The parties are directed to meet and confer and file a stipulation as to how the company will be run pending the outcome of the lawsuit no later than 5:00 PM on Monday, 6/17/19. Preliminary Injunction Hearing set for 8/7/2019 at 09:00 AM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Defendants' response brief due 7/5/19. Reply brief due 7/19/19. Deadline for the discovery for the preliminary injunction is 7/31/19. The parties shall notify each other by 7/31/19 as to any witnesses or exhibits they intend to use, and file with the Court, a notice of witnesses and exhibits intended for the preliminary injunction hearing. If the stipulation filed on 6/17/19 resolves the need for the preliminary injunction, the hearing will be vacated. APPEARANCES: Telephonic appearance by Michelle Breit and Victoria Ames for Plaintiff. Telephonic appearance by Emile Harmon for Defendants. (Court Reporter Jennifer Pancratz.) Hearing held 9:23 AM to 9:48 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 13
NOTICE TO FILER OF DEFICIENCY re: #12 Response in Opposition to Motion. 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. (DXD)
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Filing 12
*RESPONSE in Opposition re: #6 First MOTION for Temporary Restraining Order filed by Scribe One Limited LLC, Sydney Stern. (Attachments: #1 Exhibit Opposition Exhibits)(Harmon, Emile) *Modified to add filer on 6/14/2019 (DXD).
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Filing 11
MINUTE ORDER: Telephonic Status Conference set for 6/14/2019 at 1:30 PM is RESET IN TIME ONLY. Telephonic Status Conference reset for 6/14/2019 at 09:15 AM before Judge Douglas L Rayes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 10
ORDER setting a Telephonic Status Conference re Plaintiff's application for a temporary restraining order ("TRO") for June 14, 2019 at 1:30 p.m. in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Defendants are directed to file a written response to the TRO no later than noon on June 13, 2019. Plaintiff's counsel is directed to initiate the phone call by dialing 602-322-7530 using a landline only. The use of cellular phones is not permitted. Ordered by Douglas L. Rayes on 6/11/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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Filing 9
ORDER The parties have filed a Temporary Restraining Order in this matter. (Doc. #6 ). The parties have not provided consent to this Court's jurisdiction under Rule 73 of the Federal Rules of Civil Procedure. Accordingly, the case will be reassigned by random draw. IT IS ORDERED that his case is reassigned by random draw to the Honorable Douglas L. Rayes, United States District Court Judge. All further pleadings shall list the following case number: CV-19-4339-PHX-DLR. Signed by Magistrate Judge John Z Boyle on 6/11/19. (MAP)
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Filing 8
*FILED at Doc. #23 *SEALED LODGED Proposed Redacted Motion for TRO re: #7 First MOTION to Seal Document #6 First MOTION for Temporary Restraining Order . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Kellye Evans. (Ames, Victoria) *Modified on 7/2/2019 (MAP).
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Filing 7
First MOTION to Seal Document #6 First MOTION for Temporary Restraining Order by Kellye Evans. (Attachments: #1 Text of Proposed Order Proposed Order)(Ames, Victoria)
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Filing 6
First MOTION for Temporary Restraining Order by Kellye Evans. (Attachments: #1 Affidavit Affidavit of Kellye Evans, #2 Affidavit Affidavit of Michelle Breit, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B)(Ames, Victoria)
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Filing 5
NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Sydney Stern, Bruce Tizes, Unknown Stern, Scribe One Limited LLC, Valorie Rupp. 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. (KEP)
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Filing 4
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 Scribe One Limited LLC. (KEP)
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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. (KEP)
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Filing 2
Filing fee paid, receipt number 0970-16996585. This case has been assigned to the Honorable John Z. Boyle. All future pleadings or documents should bear the correct case number: CV-19-4339-PHX-JZB. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (KEP)
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Filing 1
NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2019-051764. Filing fee received: $ 400.00, receipt number 0970-16996585 filed by Valorie Rupp, Unknown Stern, Sydney Stern, Scribe One Limited LLC, Bruce Tizes. (Harmon, Emile) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit 1, #4 Exhibit 2)(KEP)
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