Henry & Carla LLC v. Blake's Lotaburger LLC et al
Plaintiff: Henry & Carla LLC
Defendant: Unknown Parties, Blake's Lotaburger LLC, SimonCRE Broadway II LLC, Joshua Simon, Scott A Esplin, Unknown Esplin and Unknown Simon
Case Number: 2:2019cv05702
Filed: November 27, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Neil V Wake
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2020 Filing 36 Corporate Disclosure Statement by Blake's Lotaburger LLC. (Premeau, Patricia)
January 23, 2020 Filing 35 ANSWER to #14 Amended Complaint with Jury Demand by Blake's Lotaburger LLC, Scott A Esplin, Unknown Esplin.(Premeau, Patricia)
January 23, 2020 Filing 34 Corporate Disclosure Statement by Joshua Simon, SimonCRE Broadway II LLC. (Kercsmar, Geoffrey)
January 23, 2020 Filing 33 MOTION to Dismiss for Failure to State a Claim by Joshua Simon, SimonCRE Broadway II LLC. (Kercsmar, Geoffrey)
January 17, 2020 Filing 32 NOTICE of Appearance by Zack L Winzeler on behalf of Blake's Lotaburger LLC, Scott A Esplin, Unknown Esplin. (Winzeler, Zack)
January 15, 2020 Filing 31 *NOTICE of Appearance by Michael John Rusing and Patricia A. Premeau on behalf of Blake's Lotaburger LLC, Scott A Esplin, Unknown Esplin. (Rusing, Michael) *Modified to add attorney Premeau and clarify text on 1/16/2020 (RMV).
January 15, 2020 Remark: Pro hac vice motion(s) granted for Zack L Winzeler on behalf of Defendant Blake's Lotaburger LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
January 10, 2020 Filing 30 SERVICE EXECUTED filed by Henry & Carla LLC: Acceptance of Service re: Summons and Complaint, Amended Complaint upon Blake's Lotaburger, LLC, Scott A. Esplin, Sarah Esplin on 01/06/2020. (Hayden, Jefferson)
January 8, 2020 Opinion or Order Filing 29 ORDER granting the parties' #28 Stipulation to Extend Answering Deadline for Defendants Blake's Lotaburger, LLC and Scott A. Esplin and Sarah Esplin. Defendants' answers due 1/23/2020. No further extension will be granted. Signed by Senior Judge Neil V Wake on 1/8/20. (CLB)
January 7, 2020 Filing 28 Joint MOTION for Extension of Time to File Answer for Defendants Blake's Lotaburger, LLC and Scott A. Esplin and Sarah Esplin by Henry & Carla LLC. (Attachments: #1 Text of Proposed Order)(Hayden, Jefferson)
January 2, 2020 Opinion or Order Filing 27 ORDER: Granting the parties' #26 Stipulation. IT IS FURTHER ORDERED Defendants SimonCRE Broadway II, LLC and Joshua Simon may have until January 23, 2020 to file their response to Plaintiff's #14 First Amended Complaint. Signed by Senior Judge Neil V Wake on 1/2/20. (GMP)
December 27, 2019 Filing 26 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #14 Amended Complaint by Joshua Simon, SimonCRE Broadway II LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Stipulation for Extension of Time to Respond)(Kercsmar, Geoffrey)
December 27, 2019 Filing 25 SERVICE EXECUTED filed by Henry & Carla LLC: Acceptance of Service re: Summons and Complaint, Amended Complaint upon SimonCRE Broadway II, LLC; Joshua Simon on 12/26/2019. (Hayden, Jefferson)
December 23, 2019 Filing 24 Summons Issued as to Scott A Esplin, Unknown Esplin, Joshua Simon, Unknown Simon. (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
December 20, 2019 Filing 23 SUMMONS Submitted by Henry & Carla LLC. (Hayden, Jefferson)
December 20, 2019 Filing 22 SUMMONS Submitted by Henry & Carla LLC. (Hayden, Jefferson)
December 20, 2019 Filing 21 SUMMONS Submitted by Henry & Carla LLC. (Hayden, Jefferson)
December 20, 2019 Filing 20 SUMMONS Submitted by Henry & Carla LLC. (Hayden, Jefferson)
December 20, 2019 Filing 19 NOTICE TO FILER OF DEFICIENCY re: #17 Summons Submitted filed by Henry & Carla LLC, #18 Summons Submitted filed by Henry & Carla LLC. Only one defendant should be listed on each summons. 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. (BAS)
December 19, 2019 Filing 18 SUMMONS Submitted by Henry & Carla LLC. (Hayden, Jefferson)
December 19, 2019 Filing 17 SUMMONS Submitted by Henry & Carla LLC. (Hayden, Jefferson)
December 17, 2019 Filing 16 SERVICE EXECUTED filed by Henry & Carla LLC: Acceptance of Service . (Hayden, Jefferson)
December 13, 2019 Opinion or Order Filing 15 ORDER: In light of Plaintiff's Response to the Court's Order to Show Cause #8 having satisfied the OSC, IT IS ORDERED discharging the OSC #8 . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, vg)
December 13, 2019 Filing 14 AMENDED COMPLAINT against All Defendants filed by Henry & Carla LLC. (Attachments: #1 Exhibit Exhibits A-C)(Hayden, Jefferson)
December 13, 2019 Filing 13 *NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Henry & Carla LLC .(Hayden, Jefferson) *Modified to correct event on 12/16/2019 (GMP).
December 13, 2019 Filing 12 RESPONSE re: #8 Order to Show Cause by Plaintiff Henry & Carla LLC. (Attachments: #1 Exhibit Exhibits A-H)(Hayden, Jefferson)
December 11, 2019 Filing 11 SERVICE EXECUTED: Certificate of Service re: Summons/Complaint/Order/Notices upon SimonCRE Broadway II LLC (c/o Joshua Simon) on 12/10/2019. (SST)
December 3, 2019 Filing 9 Summons Issued as to Blake's Lotaburger LLC, SimonCRE Broadway II LLC. (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.
December 2, 2019 Opinion or Order Filing 8 ORDER TO SHOW CAUSE: IT IS THEREFORE ORDERED that Plaintiff show cause by December 13, 2019, why the Complaint should not be dismissed for failure to allege federal subject matter jurisdiction as required by Rule 8(a)(1). IT IS FURTHER ORDERED that Plaintiff show cause by December 13, 2019, why the Complaint should not be dismissed as against the fictional Defendants for failure to state a claim upon which relief can be granted. (See Order for full details.) Signed by Senior Judge Neil V Wake on 12/2/2019. (SST)
December 2, 2019 Filing 7 SUMMONS Submitted by Henry & Carla LLC. (Hayden, Jefferson)
December 2, 2019 Filing 6 SUMMONS Submitted by Henry & Carla LLC. (Hayden, Jefferson)
December 2, 2019 Opinion or Order Filing 5 ORDER that motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. IT IS FURTHER ORDERED that Plaintiff serve a copy of this Order upon Defendants and file notice of service. (See Order for further details.) Signed by Senior Judge Neil V Wake on 12/2/2019. (SST)
December 2, 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. (MCO)
November 27, 2019 Filing 3 Filing fee paid, receipt number 0970-17682160. This case has been assigned to the Honorable Neil V Wake. All future pleadings or documents should bear the correct case number: CV-19-5702-PHX-NVW. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO)
November 27, 2019 Filing 2 Corporate Disclosure Statement by Henry & Carla LLC. (Hayden, Jefferson) (MCO)
November 27, 2019 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17682160 filed by Henry & Carla LLC. (Hayden, Jefferson) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit)(MCO)

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Search for this case: Henry & Carla LLC v. Blake's Lotaburger LLC et al
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Plaintiff: Henry & Carla LLC
Represented By: Jefferson Richard Hayden
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Defendant: Unknown Parties
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Defendant: Blake's Lotaburger LLC
Represented By: Patricia Ann Premeau
Represented By: David M Bennion
Represented By: Zack L Winzeler
Represented By: Michael John Rusing
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Defendant: SimonCRE Broadway II LLC
Represented By: Geoffrey S Kercsmar
Represented By: Jessica Ann Wilson
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Defendant: Joshua Simon
Represented By: Geoffrey S Kercsmar
Represented By: Jessica Ann Wilson
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Defendant: Scott A Esplin
Represented By: Patricia Ann Premeau
Represented By: David M Bennion
Represented By: Michael John Rusing
Represented By: Zack L Winzeler
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Defendant: Unknown Esplin
Represented By: Patricia Ann Premeau
Represented By: David M Bennion
Represented By: Michael John Rusing
Represented By: Zack L Winzeler
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Defendant: Unknown Simon
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