Flury et al v. Marriott International Incorporated et al
Plaintiff: Rosaura N Flury and Van E Flury
Defendant: Unite Here Local 11, Marriott International Incorporated, Unite Here Local and Marriott International Incorporated doing business as Sheraton Phoenix Downtown Hotel
Case Number: 2:2019cv04642
Filed: July 5, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Diane J Humetewa
Referring Judge: John J Tuchi
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2019 Opinion or Order Filing 29 ORDER: IT IS ORDERED that Plaintiffs shall file with the Clerk of the Court and serve on opposing counsel a responsive memorandum to Defendant Unite Here Local 11's Motion to Dismiss (Doc. #27 ) and Defendant Marriott International Incorporated's Motion to Dismiss (Doc. #28 ) no later than September 24, 2019. (See Order for full details.) Signed by Judge John J Tuchi on 8/23/2019. (SST)
August 23, 2019 Filing 28 MOTION to Dismiss Case with Prejudice and to Dismiss Plaintiff Van E. Flury as an Improperly-Named Plaintiff by Marriott International Incorporated. (Soveranez, Elizabeth)
August 22, 2019 Filing 27 MOTION to Dismiss Case by Unite Here Local 11. (Enoch, Nicholas)
August 21, 2019 Filing 26 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs Rosaura N Flury, Van E Flury. (SST) (2 pages)
August 19, 2019 Filing 25 MINUTE ORDER: The Court having extended the time for Defendant Unite Here Local 11 to answer or otherwise respond to the complaint, the Clerk's Office will take no action on the plaintiffs' application for entry of default (Doc. #22 ). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS)
August 19, 2019 Filing 24 RESPONSE re: #22 Affidavit of Default by Defendant Unite Here Local 11. (Enoch, Nicholas)
August 8, 2019 Filing 23 USCA Case Number re: Petition for Permission to Appeal, Ninth Circuit Case number 19-80102. (EJA)
August 2, 2019 Filing 22 AFFIDAVIT of Default Against Co-Defendant "Unite Here Local 11" by Plaintiffs Rosaura N Flury, Van E Flury. (SST) (2 pages)
August 2, 2019 Filing 21 MINUTE ORDER: The Court having extended the time for Defendant Marriott International Incorporated to answer or otherwise respond to the complaint, the Clerk's Office will take no action on the plaintiffs' application for entry of default (Doc. #19 ). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS)
August 1, 2019 Opinion or Order Filing 20 ORDER that this matter has been reassigned by the Clerk of Court, by random lot, to the Honorable John J. Tuchi, United States District Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-19-04642-PHX-JJT. ORDERED that the Rule 16 Scheduling Conference set before the Honorable Diane J. Humetewa on October 24, 2019, is VACATED. Signed by Judge Diane J Humetewa on 7/31/2019. (LFIG)
July 30, 2019 Filing 19 AFFIDAVIT of Default Against Co-Defendant: "Marriott International, Inc." by Plaintiffs Rosaura N Flury, Van E Flury. (SST) (2 pages)
July 29, 2019 Opinion or Order Filing 18 ORDER setting a Rule 16 Scheduling Conference for 10/24/2019 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 7/26/2019. (See Order for details.) (LFIG)
July 26, 2019 Opinion or Order Filing 16 ORDER granting the extension of time until 8/23/2019 for Defendant Marriott International Inc. to respond to the complaint. 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. Signed by Judge Diane J Humetewa on 7/25/2019. (LFIG)
July 25, 2019 Filing 17 SERVICE EXECUTED filed by Rosaura N Flury, Van E Flury: Proof of Service re: Summons and Complaint upon defendant Unite Here Local 11 on 7/9/2019. (SST) (2 pages)
July 25, 2019 Filing 15 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Elizabeth Mary Townsend. (Townsend, Elizabeth)
July 25, 2019 Filing 14 First MOTION for Extension of Time to File Answer re: #1 Complaint by Marriott International Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order)(Caresia, Justin)
July 25, 2019 Filing 13 NOTICE of Appearance by Elizabeth Mary Townsend on behalf of Marriott International Incorporated. (Townsend, Elizabeth)
July 24, 2019 Opinion or Order Filing 11 ORDER granting #10 Motion for Extension of Time and a one-time extension until 8/23/19 for Defendant Unite Here Local 11 to respond to complaint. 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. Signed by Judge Diane J Humetewa on 7/24/19. (CLB)
July 24, 2019 Filing 10 First MOTION for Extension of Time to File Answer re: #1 Complaint by Unite Here Local 11. (Attachments: #1 Text of Proposed Order)(Enoch, Nicholas)
July 23, 2019 Filing 9 NOTICE of Appearance by Nicholas Jason Enoch on behalf of Unite Here Local 11. (Enoch, Nicholas)
July 22, 2019 Filing 12 NOTICE (Certificate) of Service re: #6 Order re Rule 12(b) Motions by Rosaura N Flury, Van E Flury. (SST) (2 pages)
July 12, 2019 Filing 8 SERVICE EXECUTED: Proof of Service upon Marriott International Incorporated (via Krikor Kalaydjian at CT Corporation System), on 7/5/19. Service documents not specified. (SLQ)
July 9, 2019 Opinion or Order Filing 7 ORDER/NOTICE PURSUANT TO FED. R. Civ. P. 4(M): ORDERED directing the Clerk of Court to terminate any or all Defendant(s) in this matter, without further notice or order from the Court, that have not been served within the time required by Fed. R. Civ. P. 4(m) on October 3, 2019. Signed by Judge Diane J Humetewa on 7/8/2019. (LFIG)
July 9, 2019 Opinion or Order Filing 6 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 Plaintiffs serve a copy of this Order upon Defendant(s) and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 7/8/2019. (LFIG)
July 8, 2019 Filing 5 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (SST)
July 8, 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. (SST)
July 5, 2019 Filing 3 Filing fee paid, receipt number PHX209870. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-19-04642-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SST)
July 5, 2019 Filing 2 Summons Issued as to Marriott International Incorporated and Unite Here Local 11 on 7/5/2019 at customer service counter. (SST)
July 5, 2019 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number PHX209870 filed by Van E Flury, Rosaura N Flury. (SST) (48 pages)

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Defendant: Unite Here Local 11
Represented By: Nicholas Jason Enoch
Represented By: Corey R Feltre
Represented By: Stanley Lubin
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Defendant: Marriott International Incorporated
Represented By: Justin Blaine Caresia
Represented By: Elizabeth Mary Soveranez
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Defendant: Unite Here Local
Represented By: Nicholas Jason Enoch
Represented By: Corey R Feltre
Represented By: Stanley Lubin
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Defendant: Marriott International Incorporated doing business as Sheraton Phoenix Downtown Hotel
Represented By: Justin Blaine Caresia
Represented By: Elizabeth Mary Soveranez
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Plaintiff: Rosaura N Flury
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Plaintiff: Van E Flury
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