Myers et al v. FCA US LLC et al
Plaintiff: Mark Myers and Jenni Myers
Defendant: FCA US LLC, Joe Price, Arizona Fleet Services and Joe Price individually and a domestic corporation doing business as Price Car Company
Case Number: 2:2020cv00337
Filed: February 13, 2020
Court: US District Court for the District of Arizona
Presiding Judge: Diane J Humetewa
Nature of Suit: Personal Injury: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2020 Opinion or Order Filing 17 ORDER Plaintiffs' Motion to Remand (Doc. #9 ) is granted. The Clerk of Court shall kindly remand this action to Maricopa County Superior Court. Signed by Judge Diane J Humetewa on 3/25/20. (Attachments: #1 Remand Letter)(EJA)
March 24, 2020 Filing 16 MOTION to Dismiss, Opposition to Removal to Federal Jurisdiction, MOTION to Remand to State Court by Joe Price. (EJA)
March 24, 2020 Filing 15 RESPONSE to Motion re: #11 MOTION to Stay Briefing Schedule re: #7 Motion to Dismiss for Lack of Jurisdiction Response in Non Opposition to Plaintiffs' Motion for Emergency Relief filed by FCA US LLC. (Busby, Curtis)
March 23, 2020 Filing 14 RESPONSE in Opposition re: #7 MOTION to Dismiss for Lack of Jurisdiction subject to and without waiving their Motion to Remand, Plaintiff's Response to Motion to Dismiss filed by Jenni Myers, Mark Myers. (Attachments: #1 Exhibit FCA Corporate Overview, #2 Exhibit FCA Proving Grounds, #3 Text of Proposed Order proposed order on Defendants' motion to dismiss)(Counts, Andrew) *Modified linkage on 3/24/2020 (DXD).
March 20, 2020 Opinion or Order Filing 13 ORDER: IT IS ORDERED that Defendants shall file an expedited response of no more than five pages to Plaintiffs' #11 Motion for Emergency Relief, no later than Tuesday, March 24, 2020. ORDERED by Judge Diane J Humetewa on 3/20/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
March 17, 2020 Filing 12 NOTICE TO FILER OF DEFICIENCY re: #11 MOTION to Stay Briefing Schedule re: #7 Motion to Dismiss for Lack of Jurisdiction filed by Jenni Myers, Mark Myers. 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. (REK)
March 16, 2020 Filing 11 *Emergency MOTION to Stay Briefing Schedule re: #7 Motion to Dismiss for Lack of Jurisdiction filed by Jenni Myers, Mark Myers. (Attachments: #1 Text of Proposed Order)(Counts, Andrew) *Modified to correct motion type, text, and add document link on 3/17/2020 (REK).
March 16, 2020 Filing 10 NOTICE TO FILER OF DEFICIENCY re: #9 MOTION to Remand to State Court filed by Jenni Myers, Mark Myers. 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. (REK)
March 13, 2020 Filing 9 MOTION to Remand to State Court by Jenni Myers, Mark Myers. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Text of Proposed Order)(Counts, Andrew)
March 4, 2020 Remark: Out of state attorney E Todd Tracy 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)
March 3, 2020 Filing 8 NOTICE of Errata re: #7 MOTION to Dismiss for Lack of Jurisdiction by Defendant FCA US LLC.. (Busby, Curtis)
March 2, 2020 Remark: Pro hac vice motion(s) granted for Andrew Galen Counts on behalf of Plaintiffs Jenni Myers and Mark Myers. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
February 20, 2020 Filing 7 MOTION to Dismiss for Lack of Jurisdiction by FCA US LLC. (Busby, Curtis)
February 18, 2020 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 Plaintiff(s) serve a copy of this Order upon any Defendant(s) who have not yet appeared and file a notice of service. ORDERED directing any party appearing pro se to become familiar with the Local Rules and the Federal Rules of Civil Procedure. See Order for details. Signed by Judge Diane J Humetewa on 2/18/2020. (LFIG)
February 14, 2020 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. (KEP)
February 14, 2020 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. (KEP)
February 13, 2020 Filing 3 Filing fee paid, receipt number 0970-17955810. This case has been assigned to the Honorable Diane J. Humetewa. All future pleadings or documents should bear the correct case number: CV-20-337-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KEP)
February 13, 2020 Filing 2 Corporate Disclosure Statement by FCA US LLC. (Busby, Curtis) (KEP)
February 13, 2020 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2020-000674. Filing fee received: $ 400.00, receipt number 0970-17955810 filed by FCA US LLC. (Busby, Curtis) (Attachments: #1 Civil Cover Sheet, #2 Supplement, #3 Exhibit)(KEP)
February 13, 2020 ***STATE COURT RECORDS RECEIVED*** ANSWER to Complaint by Joe Price. (Original filed in Maricopa County Superior Court on 2/3/2020) ***ENTERED IN DISTRICT COURT FOR CASE MANAGEMENT PURPORSES***(KEP)
February 13, 2020 ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED : Affidavit of Service re: Summons, Complaint, Certificate of Compulsory Arbitration and Demand Jury Trial upon FCA US LLC on 1/14/2020. (Original filed in Maricopa County Superior Court on 1/15/2020) and upon Joe Price on 1/13/2020 (Original filed in Maricopa County Superior Court on 1/15/2020). (KEP) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Plaintiff: Mark Myers
Represented By: E Todd Tracy
Represented By: G Lynn Shumway
Represented By: Andrew G Counts
Represented By: Andrew Galen Counts
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Plaintiff: Jenni Myers
Represented By: E Todd Tracy
Represented By: G Lynn Shumway
Represented By: Andrew G Counts
Represented By: Andrew Galen Counts
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Defendant: FCA US LLC
Represented By: Curtis James Busby
Represented By: Paul G Cereghini
Represented By: Daniel B Goldman
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Defendant: Joe Price
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Defendant: Arizona Fleet Services
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Defendant: Joe Price individually and a domestic corporation doing business as Price Car Company
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