Peterson v. Burke et al
| Jeffrey Peterson |
| Suzanne Barr, Mario E. Diaz, Marco A Lopez, Jr., Phoenix Newspapers Incorporated, David Lopez, Victor Flores, Luis Borbon Holguin, Craig Harris, Gannett Company Incorporated, Dennis K Burke, Jane Doe Diaz, Lisa Flores, Democratic National Committee, Mario E Diaz and Phoenix Newspapers Incorporated doing business as Arizona Republic |
| 2:2020cv00106 |
| January 15, 2020 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Personal Injury: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 65 REPLY to Response to Motion re: #61 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint with Prejudice filed by Gannett Company Incorporated, Phoenix Newspapers Incorporated. (Arellano, Daniel) |
| Filing 64 NOTICE TO FILER OF DEFICIENCY re: #63 Response in Opposition to Motion. Document not in compliance with LRCiv 7.1(a) and 7.1(a)(1) - Forms of Papers. Please note for future filings; information that must be stated upon the first page of every document and may be presented for filing and Attorney filing information must be typed in upper left corner. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 63 RESPONSE in Opposition re: #61 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint with Prejudice filed by Jeffrey Peterson. (O'Brien, Mark) |
| Filing 62 DECLARATION of Declaration of Josh Susong re: #61 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint with Prejudice by Defendants Gannett Company Incorporated, Phoenix Newspapers Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Arellano, Daniel) |
| Filing 61 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint with Prejudice by Gannett Company Incorporated, Phoenix Newspapers Incorporated. (Arellano, Daniel) |
Filing 60
ORDER (text only): Pending before the Court is the Stipulation to Stay Litigation or, In the Alternative, for Extension of Time to Answer or Otherwise Respond (First Request) (Doc. #59 ). IT IS ORDERED denying the parties' request to stay litigation (part of Doc. #59 ). IT IS FURTHER ORDERED granting the request for extension of time to answer or otherwise respond (part of Doc. #59 ). Defendants Phoenix Newspapers, Inc. and Gannett Co., Inc. shall answer or otherwise respond to the Second Amended Complaint on or before 2/21/2020. There will be no further extensions absent extraordinary circumstances. Ordered by Judge Michael T. Liburdi on 1/31/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 59 STIPULATION to Stay Litigation or, In the Alternative, to Extend Time To Answer or Otherwise Respond by Gannett Company Incorporated, Phoenix Newspapers Incorporated. (Attachments: #1 Text of Proposed Order)(Bodney, David) |
| Remark: Pro hac vice motion(s) granted for Mark Ellis O'Brien on behalf of Plaintiff Jeffrey Peterson. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 58 NOTICE of Attorney Substitution by David Jeremy Bodney. (Bodney, David) |
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Filing 57
ORDER dismissing without prejudice Defendants Holguin, Harris, Barr, Lopez, the Democratic National Committee, Jane Doe Diaz, John and Jane Does 1-100,Red and Black Corporations 1-100, and White Entities 1-100. IT IS FURTHER ORDERED that Defendants Phoenix Newspapers, Inc. and Gannett Co., Inc. shall answer or otherwise respond to the Second Amended Complaint within 14 days of this Order. See attached order for additional information. Signed by Judge Michael T. Liburdi on 1/17/2020. (RMW)
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| Filing 56 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) |
| Filing 55 LETTER Re Transfer of 1:18-cv-12572-NMG from the District of Massachusetts to the District to Arizona. New Case Number: CV-20-00106-PHX-MTL. (MAP) |
| Filing 54 CASE TRANSFERRED IN from District of Massachusetts; Case Number 1:18-cv-12572 . Original file certified copy of transfer order and docket sheet received |
| Filing 53 Judge Nathaniel M. Gorton: ORDER entered. ORDER DISMISSING CASE: In accordance with the Court's Memorandum and Order dated January 10, 2020, it is hereby ORDERED that the above-entitled action be and hereby is dismissed as to Dennis K. Burke, Marco A. Lopez Jr., Victor Flores, the Honorable Lisa Flores and Mario Diaz.The case is here by TRASNFERRED to the District of Arizona as to Phoenix Newspapers, Inc. and Gannett Co., Inc. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 49 STATUS REPORT by Jeffrey Peterson. (O'Brien, Mark) [Transferred from mad on 1/15/2020.] |
| Filing 52 Judge Nathaniel M. Gorton: ENDORSED ORDER entered finding as moot #42 Motion to Amend (Lima, Christine) [Transferred from mad on 1/15/2020.] |
| Filing 51 Judge Nathaniel M. Gorton: ENDORSED ORDER entered finding as moot #45 Motion to Amend (Lima, Christine) [Transferred from mad on 1/15/2020.] |
| Filing 50 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER, denying, without prejudice, #41 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 filed by Lisa Flores, Dennis K Burke, Victor Flores, Mario E. Diaz, Marco A. Lopez, Jr., granting #31 MOTION to Dismiss Plaintiffs Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2), (3) and (6) filed by Lisa Flores, Dennis K Burke, Victor Flores, Mario E. Diaz, Marco A. Lopez, Jr., and granting #33 MOTION to Dismiss Plaintiff's Second Amended Complaint, Or Alternatively, To Transfer Venue filed by Phoenix Newspapers, Inc, Gannett Co., Inc. (Lima, Christine) [Transferred from mad on 1/15/2020.] |
| Filing 48 Set/Reset Deadlines: Plaintiff is directed to filed a Status Report no later than 1/14/2020 with regards to the status of the following Defendants: 1.Luis Borbon Holguin 2.Craig Harris 3.Jane Doe Diaz4.Suzanne Barr5.David Lopez6.The Democratic National Committee7.White Entities 1-10 8.John & Jane Does 1-10 9.Black Corporations 1-10 (Lima, Christine) [Transferred from mad on 1/15/2020.] |
| Filing 47 NOTICE of Withdrawal of Appearance by Samantha A. Miko (Miko, Samantha) [Transferred from mad on 1/15/2020.] |
| Filing 46 Opposition re #45 MOTION to Amend Responsive Pleading filed by Dennis K Burke, Mario E. Diaz, Lisa Flores, Victor Flores, Marco A. Lopez, Jr. (Wald, Stephen) [Transferred from mad on 1/15/2020.] |
| Filing 45 MOTION to Amend Responsive Pleading by Jeffrey Peterson. (Attachments: #1 Exhibit Arizona Court Order)(O'Brien, Mark) [Transferred from mad on 1/15/2020.] |
| Filing 44 ELECTRONIC NOTICE issued requesting courtesy copy for #42 MOTION to Amend Responsive Pleading. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) [Transferred from mad on 1/15/2020.] |
| Filing 43 Opposition re #42 MOTION to Amend Responsive Pleading filed by Dennis K Burke, Mario E. Diaz, Lisa Flores, Victor Flores, Marco A. Lopez, Jr. (Wald, Stephen) [Transferred from mad on 1/15/2020.] |
| Filing 42 MOTION to Amend Responsive Pleading by Jeffrey Peterson. (Attachments: #1 EX 4, #2 EX 5, #3 EX 6, #4 EX 7, #5 EX 8)(O'Brien, Mark) [Transferred from mad on 1/15/2020.] |
| Filing 41 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 by Dennis K Burke, Mario E. Diaz, Lisa Flores, Victor Flores, Marco A. Lopez, Jr.(Foundas, Peter) [Transferred from mad on 1/15/2020.] |
| Filing 40 NOTICE of Appearance by Stephen Wald on behalf of Dennis K Burke, Mario E. Diaz, Lisa Flores, Victor Flores, Marco A. Lopez, Jr (Wald, Stephen) [Transferred from mad on 1/15/2020.] |
| Filing 39 RESPONSE to Motion re #33 MOTION to Dismiss Plaintiff's Second Amended Complaint, Or Alternatively, To Transfer Venue filed by Jeffrey Peterson. (O'Brien, Mark) [Transferred from mad on 1/15/2020.] |
| Filing 38 RESPONSE to Motion re #31 MOTION to Dismiss Plaintiffs Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2), (3) and (6) filed by Jeffrey Peterson. (O'Brien, Mark) [Transferred from mad on 1/15/2020.] |
| Filing 37 ELECTRONIC NOTICE issued requesting courtesy copy for #34 Memorandum in Support of Motion, #36 Exhibit, #33 MOTION to Dismiss Plaintiff's Second Amended Complaint, Or Alternatively, To Transfer Venue, #32 Memorandum in Support of Motion,, #31 MOTION to Dismiss Plaintiffs Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2), (3) and (6), #35 Declaration. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) [Transferred from mad on 1/15/2020.] |
| Filing 36 EXHIBIT re #34 Memorandum in Support of Motion, Exhibit 6 by Gannett Co., Inc., Phoenix Newspapers, Inc. (Bales, Chase) [Transferred from mad on 1/15/2020.] |
| Filing 35 DECLARATION re #34 Memorandum in Support of Motion, #33 MOTION to Dismiss Plaintiff's Second Amended Complaint, Or Alternatively, To Transfer Venue by Gannett Co., Inc., Phoenix Newspapers, Inc. (Bales, Chase) [Transferred from mad on 1/15/2020.] |
| Filing 34 MEMORANDUM in Support re #33 MOTION to Dismiss Plaintiff's Second Amended Complaint, Or Alternatively, To Transfer Venue filed by Gannett Co., Inc., Phoenix Newspapers, Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Bales, Chase) [Transferred from mad on 1/15/2020.] |
| Filing 33 MOTION to Dismiss Plaintiff's Second Amended Complaint, Or Alternatively, To Transfer Venue by Gannett Co., Inc., Phoenix Newspapers, Inc.(Bales, Chase) [Transferred from mad on 1/15/2020.] |
| Filing 32 MEMORANDUM in Support re #31 MOTION to Dismiss Plaintiffs Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2), (3) and (6) filed by Dennis K Burke, Mario E. Diaz, Lisa Flores, Victor Flores, Marco A. Lopez, Jr. (Attachments: #1 Exhibit A - Declaration of Dennis K. Burke, #2 Exhibit B - Declaration of Marco A. Lopez Jr., #3 Exhibit C - Declaration of Victor Flores, #4 Exhibit D - Declaration of Lisa Flores, #5 Exhibit E - Declaration of Mario E. Diaz)(Foundas, Peter) [Transferred from mad on 1/15/2020.] |
| Filing 31 MOTION to Dismiss Plaintiffs Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(2), (3) and (6) by Dennis K Burke, Mario E. Diaz, Lisa Flores, Victor Flores, Marco A. Lopez, Jr.(Foundas, Peter) [Transferred from mad on 1/15/2020.] |
| Filing 30 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #29 Motion for Leave to File Excess Pages. Filing may be no more than 35 pages. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 29 MOTION for Leave to File Excess Pages by Dennis K Burke, Mario E. Diaz, Lisa Flores, Victor Flores, Marco A. Lopez, Jr.(Foundas, Peter) [Transferred from mad on 1/15/2020.] |
| Filing 28 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #27 Motion for Leave to Appear Pro Hac Vice Added David J. Bodney and Chase A. Bales. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice for admission of Chase A. Bales and David J. Bodney Filing fee: $ 200, receipt number 0101-7786198 by Gannett Co., Inc., Phoenix Newspapers, Inc. (Attachments: #1 Affidavit of David J. Bodney, #2 Affidavit of Chase A. Bales)(Miko, Samantha) [Transferred from mad on 1/15/2020.] |
| Filing 26 NOTICE of Appearance by Samantha A. Miko on behalf of Gannett Co., Inc., Phoenix Newspapers, Inc (Miko, Samantha) [Transferred from mad on 1/15/2020.] |
| Filing 25 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #24 Motion for Extension of Time to Answer re #6 Amended Complaint Dennis K Burke answer due 7/25/2019; Mario E. Diaz answer due 7/25/2019; Lisa Flores answer due 7/25/2019; Victor Flores answer due 7/25/2019; Gannett Co., Inc. answer due 7/25/2019; Marco A. Lopez, Jr answer due 7/25/2019; Phoenix Newspapers, Inc answer due 7/25/2019. (Lima, Christine) [Transferred from mad on 1/15/2020.] |
| Filing 24 MOTION for Extension of Time to July 25, 2019 to File Answer Or Otherwise Respond by Dennis K Burke, Mario E. Diaz, Lisa Flores, Victor Flores, Marco A. Lopez, Jr.(Foundas, Peter) [Transferred from mad on 1/15/2020.] |
| Filing 23 NOTICE regarding service of process by Jeffrey Peterson (Attachments: #1 Exhibit) (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 22 SUMMONS Returned Executed Dennis K Burke served on 5/29/2019, answer due 6/19/2019. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 21 SUMMONS Returned Executed Phoenix Newspapers, Inc served on 5/30/2019, answer due 6/20/2019. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 20 SUMMONS Returned Executed Gannett Co., Inc. served on 5/30/2019, answer due 6/20/2019. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 19 SUMMONS Returned Executed Victor Flores served on 5/30/2019, answer due 6/20/2019. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 18 SUMMONS Returned Executed Lisa Flores served on 5/30/2019, answer due 6/20/2019. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 17 SUMMONS Returned Executed Marco A. Lopez, Jr served on 6/3/2019, answer due 6/24/2019. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 16 SUMMONS Returned Executed Mario E. Diaz served on 6/4/2019, answer due 6/25/2019. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 15 Notice of summons returned executed. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 14 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #13 MOTION to Amend Complaint. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Judge Nathaniel M. Gorton: Electronic ORDER entered: Plaintiff must serve defendants by June 11, 2019. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 13 MOTION to Amend Complaint by Jeffrey Peterson. (Attachments: #1 Amended Complaint)(O'Brien, Mark) [Transferred from mad on 1/15/2020.] |
| Filing 12 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #11 MOTION for Extension of Time to June 6, 2019 to Serve Defendants. Failure to serve defendants by June 6, 2019 will result in dismissal without prejudice pursuant to Fed. R. Civ. P. 4(m). (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 11 MOTION for Extension of Time to June 6, 2019 to Serve Defendants by Jeffrey Peterson.(O'Brien, Mark) [Transferred from mad on 1/15/2020.] |
| Filing 10 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #9 MOTION for Extension of Time to May 6, 2019 to Serve Defendants. (Vieira, Leonardo) [Transferred from mad on 1/15/2020.] |
| Filing 9 MOTION for Extension of Time to May 6, 2019 to Serve Defendants by Jeffrey Peterson.(O'Brien, Mark) [Transferred from mad on 1/15/2020.] |
| Filing 8 NOTICE of Appearance by Mark Ellis O'Brien on behalf of Jeffrey Peterson (O'Brien, Mark) [Transferred from mad on 1/15/2020.] |
| Filing 7 Judge Nathaniel M. Gorton: ORDER entered granting #2 Motion for leave to electronically file Pro Se. The court grants permission on the condition that the plaintiff satisfies all applicable training and other requirements for pro se litigants as stated in the CM/ECF Administrative Procedures, Page 5. The plaintiff is directed to complete the registration form accessible at https://public.mad.uscourts.gov/ecfreg.html (McDonagh, Christina) [Transferred from mad on 1/15/2020.] |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Jeffrey Peterson.(McDonagh, Christina) [Transferred from mad on 1/15/2020.] |
| Filing 5 Filing fee/payment: $400.00, receipt number 1BST071915 for #1 Complaint, (Coppola, Katelyn) [Transferred from mad on 1/15/2020.] |
| Filing 4 Summons Issued as to Suzanne Barr, Black Corporations 1-10, Dennis K Burke, Jane Doe Diaz, Mario E. Diaz, John & Jane Does 1-10, Lisa Flores, Victor Flores, Gannett Co., Inc., Craig Harris, Luis Borbon Holguin, David Lopez, Marco A. Lopez, Jr, Phoenix Newspapers, Inc, The Democratic National Committee, White Entities 1-10. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) [Transferred from mad on 1/15/2020.] |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Danieli, Chris) [Transferred from mad on 1/15/2020.] |
| Filing 2 MOTION for Leave to file electronically Pro Se by Jeffrey Peterson.(McDonagh, Christina) [Transferred from mad on 1/15/2020.] |
| Filing 1 COMPLAINT against Gannett Co., Inc., Mario E. Diaz, John & Jane Does 1-10, Dennis K Burke, Black Corporations 1-10, White Entities 1-10, Lisa Flores, Marco A. Lopez, Jr, Suzanne Barr, Phoenix Newspapers, Inc, Craig Harris, The Democratic National Committee, Jane Doe Diaz, Luis Borbon Holguin, David Lopez, Victor Flores, filed by Jeffrey Peterson. (Attachments: #1 Civil Cover Sheet & Category Form)(McDonagh, Christina) [Transferred from mad on 1/15/2020.] |
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