CDK Global LLC et al v. Brnovich et al
Plaintiff: Reynolds and Reynolds Company and CDK Global LLC
Defendant: John S Halikowski and Mark Brnovich
Intervenor Defendant: Arizona Automobile Dealers Association
Case Number: 2:2019cv04849
Filed: July 29, 2019
Court: US District Court for the District of Arizona
Presiding Judge: G Murray Snow
Nature of Suit: Other Statutes: Constitutionality of State Statutes
Cause of Action: 28:2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2019 Filing 40 *Joint MOTION to Dismiss for Failure to State a Claim and Memorandum of Points and Authorities in Support by Mark Brnovich, John S Halikowski. (Attachments: #1 Notice of Certification of Conferral)(Cone-Roddy, Emma) *Modified to reflect filing is a joint motion on 9/19/2019 (GMP).
September 18, 2019 Filing 39 MOTION to Dismiss for Failure to State a Claim and Memorandum of Points and Authorities in Support by Arizona Automobile Dealers Association. (Attachments: #1 Notice of Certification of Conferral)(Gardner, Jeffrey)
September 18, 2019 Filing 38 *MOTION to Dismiss for Lack of Jurisdiction by John S Halikowski. (Attachments: #1 Notice of Certification of Conferral)(OGrady, Mary) *Modified to correct event on 9/19/2019 (GMP).
September 16, 2019 Remark: Pro hac vice motion(s) granted for Derek T Ho, Bethan R Jones, Collin R White, Joshua Hafenbrack, Brendan J Crimmins, and Michael N Nemelka on behalf of Intervenor Defendant Arizona Automobile Dealers Association. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
September 12, 2019 Opinion or Order Filing 37 ORDER: Granting #30 Motion to Intervene as to AADA's permissive intervention pursuant to Federal Rule of Civil Procedure 24(b). Signed by Chief Judge G Murray Snow on 9/12/19. (GMP)
September 10, 2019 Filing 36 REPLY to Response to Motion re: #30 MOTION to Intervene filed by Arizona Automobile Dealers Association. (Pursell, Jimmie)
September 10, 2019 Filing 35 Sealed Declaration of Dean W. Crutchfield Re #20 Motion for Preliminary Injunction by CDK Global LLC. (Attachments: #1 Proposed CDK Master Services Agreement (Exhibit 1), #2 Proposed CDK Third Party Access Agreement (Exhibit 2 ), #3 Proposed Reynolds Master Agreement (Exhibit 1 to Declaration of Kelly Hall), #4 Proposed Reynolds Customer Guide (Exhibit 2 to Declaration of Kelly Hall) (MAP)
September 10, 2019 Opinion or Order Filing 34 ORDER granting #21 Motion to Seal. The Clerk of Court is directed to file the lodged documents (Docs. 22-26) under seal and link them to the pending Motion for Preliminary Injunction (Doc. #20 ). Signed by Chief Judge G Murray Snow on 9/10/19. (MAP)
September 10, 2019 Filing 33 RESPONSE to Motion re: #30 MOTION to Intervene filed by CDK Global LLC, Reynolds and Reynolds Company. (Howie, Brian)
September 10, 2019 Filing 32 RESPONSE to Motion re: #30 MOTION to Intervene Defendants' Response to Motion to Intervene filed by John S Halikowski. (OGrady, Mary)
September 5, 2019 Filing 31 Corporate Disclosure Statement by Arizona Automobile Dealers Association. (Pursell, Jimmie)
September 5, 2019 Filing 30 MOTION to Intervene by Arizona Automobile Dealers Association. (Attachments: #1 Exhibit ARIZONA AUTOMOBILE DEALERS ASSOCIATIONS PROPOSED ANSWER TO THE COMPLAINT, #2 Text of Proposed Order)(Pursell, Jimmie)
September 4, 2019 Opinion or Order Filing 29 ORDER granting #28 Motion. Defendants shall have a one-time extension to September 30, 2019 to respond to the Motion for Preliminary Injunction (Doc. #20 ). No further extensions will be granted. FURTHER ORDERED Defendants will take no action to enforce Arizona House Bill 2418 (2019) for the pendency of Plaintiffs' Motion for Preliminary Injunction in this Court. Signed by Chief Judge G Murray Snow on 9/4/19. (EJA)
September 4, 2019 Filing 28 *MOTION for Extension of Time to File Response as to: #20 MOTION for Preliminary Injunction Stipulated Motion to Extend Deadline for Defendants to File Response to Motion for Preliminary Injunction by John S Halikowski. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Stipulated Motion to Extend Deadline to File Response to the Motion for Preliminary Injunction)(OGrady, Mary) *Modified to correct event type on 9/4/2019 (EJA).
August 29, 2019 Filing 27 NOTICE of Appearance by Mary Ruth OGrady on behalf of John S Halikowski. (OGrady, Mary)
August 28, 2019 Remark: Pro hac vice motion(s) granted for Britt M Miller on behalf of Plaintiff CDK Global LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
August 28, 2019 Remark: Pro hac vice motion(s) granted for Michael Anthony Scodro on behalf of Plaintiff CDK Global LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
August 26, 2019 Remark: Pro hac vice motion(s) granted for Brett E Legner on behalf of Plaintiff CDK Global LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
August 23, 2019 Filing 26 *FILED at Doc. #35 *SEALED LODGED Proposed Reynolds Customer Guide (Exhibit 2 to Declaration of Kelly Hall) re: #20 MOTION for Preliminary Injunction . Document to be filed by Clerk if #21 Motion or Stipulation to Seal is granted. Filed by CDK Global LLC, Reynolds and Reynolds Company. (Howie, Brian) *Modified to link to Motion to Seal on 8/26/2019 (SCH). M*odified on 9/10/2019 (MAP).
August 23, 2019 Filing 25 *FILED at Doc. #35 *SEALED LODGED Proposed Reynolds Master Agreement (Exhibit 1 to Declaration of Kelly Hall) re: #20 MOTION for Preliminary Injunction . Document to be filed by Clerk if #21 Motion or Stipulation to Seal is granted. Filed by CDK Global LLC, Reynolds and Reynolds Company. (Howie, Brian) *Modified to link to Motion to Seal on 8/26/2019 (SCH). *Modified on 9/10/2019 (MAP).
August 23, 2019 Filing 24 *FILED at Doc. #35 *SEALED LODGED Proposed CDK Third Party Access Agreement (Exhibit 2 to Declaration of Dean W. Crutchfield) re: #20 MOTION for Preliminary Injunction . Document to be filed by Clerk if #21 Motion or Stipulation to Seal is granted. Filed by CDK Global LLC, Reynolds and Reynolds Company. (Howie, Brian) *Modified to link to Motion to Seal on 8/26/2019 (SCH). *Modified on 9/10/2019 (MAP).
August 23, 2019 Filing 23 *FILED at Doc. #35 *SEALED LODGED Proposed CDK Master Services Agreement (Exhibit 1 to Declaration of Dean W. Crutchfield) re: #20 MOTION for Preliminary Injunction . Document to be filed by Clerk if #21 Motion or Stipulation to Seal is granted. Filed by CDK Global LLC, Reynolds and Reynolds Company. (Howie, Brian) *Modified to link to Motion to Seal on 8/26/2019 (SCH). *Modified on 9/10/2019 (MAP).
August 23, 2019 Filing 22 *FILED at Doc. #35 *SEALED LODGED Proposed Declaration of Dean W. Crutchfield (Exhibit A to Motion for Preliminary Injunction re: #20 MOTION for Preliminary Injunction . Document to be filed by Clerk if #21 Motion or Stipulation to Seal is granted. Filed by CDK Global LLC, Reynolds and Reynolds Company. (Howie, Brian) *Modified to link to Motion to Seal on 8/26/2019 (SCH). *Modified on 9/10/2019 (MAP).
August 23, 2019 Filing 21 MOTION to Seal Document by CDK Global LLC, Reynolds and Reynolds Company. (Attachments: #1 Text of Proposed Order)(Howie, Brian)
August 23, 2019 Filing 20 MOTION for Preliminary Injunction by CDK Global LLC, Reynolds and Reynolds Company. (Attachments: #1 Exhibit A-C, #2 Text of Proposed Order)(Howie, Brian)
August 21, 2019 Remark: As to out of state attorneys Brett Legner, Britt Mayer, Mark Wm Ryan, and Michael Scodro - 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)
August 14, 2019 Remark: Pro hac vice motion(s) granted for Molly C Lorenzi on behalf of Plaintiff Reynolds and Reynolds Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
August 14, 2019 Remark: Pro hac vice motion(s) granted for Thomas J. Dillickrath on behalf of Plaintiff Reynolds and Reynolds Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
August 13, 2019 Remark: Pro hac vice motion(s) granted for Amar Shrinivas Naik on behalf of Plaintiff Reynolds and Reynolds Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
August 12, 2019 Remark: Pro hac vice motion(s) granted for Denise L Drake, Aundrea K Gulley on behalf of Plaintiff Reynolds and Reynolds Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
August 12, 2019 Filing 19 NOTICE of Appearance by Rusty Duane Crandell on behalf of Mark Brnovich. (Crandell, Rusty)
August 12, 2019 Opinion or Order Filing 18 *ORDER granting #16 Motion for Extension of Time. Defendants shall have a one-time extension to 9/18/2019 to respond to the Complaint. No further extensions will be granted. The #17 Motion to Exceed Page Limits is granted. Plaintiff may file a Motion for Preliminary Injunction not to exceed 27 pages in length. Defendants may file a Response to the motion not to exceed 27 pages in length. Signed by Chief Judge G Murray Snow on 8/9/19. (DXD) *Modified to regenerate NEF on 8/12/2019 (SCH).
August 9, 2019 Filing 17 MOTION for Leave to File Excess Pages for Stipulated motion /Stipulated Motion to Enlarge Page Limit for Motion for Preliminary Injunction and Response by CDK Global LLC, Reynolds and Reynolds Company. (Attachments: #1 Text of Proposed Order)(Howie, Brian)
August 9, 2019 Filing 16 MOTION for Extension of Time to File Response/Reply /Stipulated Motion to Extend Deadline for Defendants to Respond to Complaint by CDK Global LLC, Reynolds and Reynolds Company. (Attachments: #1 Text of Proposed Order)(Howie, Brian)
August 1, 2019 Filing 15 SERVICE EXECUTED filed by CDK Global LLC, Reynolds and Reynolds Company: Certificate of Service re: Summons/Complaint upon John S. Halikowski on 7/31/19. (Howie, Brian)
August 1, 2019 Filing 14 SERVICE EXECUTED filed by CDK Global LLC, Reynolds and Reynolds Company: Affidavit of Service re: Summons/Complaint upon Mark Brnovich on 7/31/19. (Howie, Brian)
July 31, 2019 Opinion or Order Filing 13 ORDER - The Clerk shall terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on 10/28/2019. Signed by Chief Judge G Murray Snow on 7/31/19. (DXD)
July 31, 2019 Filing 12 Summons Issued as to Mark Brnovich, John S Halikowski. (Attachments: #1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
July 30, 2019 Opinion or Order Filing 11 ORDER OF RECUSAL - This case is reassigned by random lot to Chief Judge G Murray Snow for all further proceedings. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-19-04849-PHX-GMS. Signed by Judge Susan M Brnovich on 7/30/19. (DXD)
July 30, 2019 Filing 10 Corporate Disclosure Statement identifying Corporate Parent Dealer Computer Services Incorporated by Reynolds and Reynolds Company. (Howie, Brian) *Modified record on 7/31/2019 (DXD).
July 30, 2019 Filing 9 Corporate Disclosure Statement identifying Corporate Parent CDK Global Incorporated by CDK Global LLC. (Howie, Brian) *Modified record on 7/31/2019 (DXD).
July 30, 2019 Filing 8 SUMMONS Submitted by CDK Global LLC, Reynolds and Reynolds Company. (Howie, Brian)
July 30, 2019 Filing 7 SUMMONS Submitted by CDK Global LLC, Reynolds and Reynolds Company. (Howie, Brian)
July 30, 2019 Filing 6 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 CDK Global LLC, Reynolds and Reynolds Company. (MFR)
July 30, 2019 Filing 5 NOTICE TO FILER OF DEFICIENCY re: #2 Summons Submitted filed by CDK Global LLC, Reynolds and Reynolds Company. Unable to issue summonses - Summons must list attorney information on form where indicated. 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. (MFR)
July 30, 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. (MFR)
July 29, 2019 Filing 3 Filing fee paid, receipt number 0970-17214417. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-19-4849-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MFR)
July 29, 2019 Filing 2 SUMMONS Submitted by CDK Global LLC, Reynolds and Reynolds Company. (Howie, Brian) (Attachments: #1 Summons)(MFR)
July 29, 2019 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17214417 filed by Reynolds and Reynolds Company, CDK Global LLC. (Howie, Brian) (Attachments: #1 Civil Cover Sheet)(MFR)

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Defendant: John S Halikowski
Represented By: William Dewitt Furnish
Represented By: Daniel Hunt Bergin
Represented By: Mary Ruth OGrady
Represented By: Jeffrey Bryan Molinar
Represented By: Emma Jane Cone-Roddy
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Defendant: Mark Brnovich
Represented By: Rusty Duane Crandell
Represented By: Brunn Wall Roysden, III
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Plaintiff: Reynolds and Reynolds Company
Represented By: Molly C Lorenzi
Represented By: Denise Drake
Represented By: Aundrea K Gulley
Represented By: Thomas J Dillickrath
Represented By: Lauren Elliott Stine
Represented By: Brian Alexander Howie
Represented By: Amar S Naik
Represented By: Denise L Drake
Represented By: Thomas J. Dillickrath
Represented By: Amar Shrinivas Naik
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Plaintiff: CDK Global LLC
Represented By: Michael A Scodro
Represented By: Britt M Miller
Represented By: Lauren Elliott Stine
Represented By: Brian Alexander Howie
Represented By: Mark Wm Ryan
Represented By: Brett E Legner
Represented By: Michael Anthony Scodro
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Intervenor defendant: Arizona Automobile Dealers Association
Represented By: Derek T Ho
Represented By: Joshua Hafenbrack
Represented By: John C Norling
Represented By: Collin R White
Represented By: Bethan R Jones
Represented By: Michael N Nemelka
Represented By: Brendan J Crimmins
Represented By: Jimmie W Pursell, Jr.
Represented By: Jeffrey Dale Gardner
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