Offerpad Incorporated v. Saenz et al
| Offerpad LLC and Offerpad Incorporated |
| Offerkey LLC, Alfredo Saenz, Unknown Parties, Salwan Shakir and Carlos Reyes |
| 2:2020cv00668 |
| April 3, 2020 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Property Rights: Trademark |
| 28 U.S.C. § 1330 Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.
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| Filing 65 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed December 1, 2021, judgment is hereby entered and this case is dismissed without prejudice. (SST) |
Filing 64
ORDER: Brittany Burback is suspended from the practice of law in the District of Arizona for a period of six months. Defense counsel is further advised of her notification obligations under LRCiv 83.2(d). Plaintiffs' motion for sanctions (Doc. #59 ) is denied. Plaintiffs' motion to dismiss this action without prejudice (Doc. #63 ) is granted. The Clerk of Court shall enter judgment accordingly and terminate this action. (See Order for details.) Signed by Judge Dominic W Lanza on 12/1/21. (SST)
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| Filing 63 MOTION to Dismiss Case Without Prejudice by Offerpad Incorporated, Offerpad LLC. (Attachments: #1 Proposed Order)(Tazioli, Andrea) |
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Filing 62
ORDER granting #61 Motion to Withdraw Request to Seal. FURTHER ORDERED that the Clerk of Court shall unseal the "statement" (Doc. #53 ), which was initially filed in the public record and then sealed pursuant to the Court's October 20, 2021 order (Doc. #55 ). Signed by Judge Dominic W Lanza on 11/4/21. (MAP)
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| Filing 61 MOTION to Withdraw Request to Seal DKT. 53 by Offerpad Incorporated, Offerpad LLC. (Attachments: #1 Proposed Order)(Tazioli, Andrea) |
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Filing 60
ORDER: IT IS ORDERED that Plaintiffs' motion for extension of time (Doc. #58 ) is granted. The deadline for Plaintiffs to file a motion to dismiss because the settlement conditions have been fulfilled or, in the alternative, a motion for relief based on lack of fulfillment of settlement conditions is extended to November 12, 2021. Ordered by Judge Dominic W Lanza on 10/29/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 59 MOTION for Attorney Fees Pursuant to A.R.S. 12-349 by Offerpad Incorporated, Offerpad LLC. (Attachments: #1 Exhibit, #2 Proposed Order)(Tazioli, Andrea) |
| Filing 58 Second MOTION for Extension of Time to File Motion to Dismiss or, in the Alternative, Motion for Relief by Offerpad Incorporated, Offerpad LLC. (Attachments: #1 Proposed Order)(Tazioli, Andrea) |
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Filing 57
ORDER: IT IS ORDERED that Plaintiffs' motion for extension of time (Doc. #56 ) is granted. The deadline for Plaintiffs to file a motion to dismiss because the settlement conditions have been fulfilled or, in the alternative, a motion for relief based on lack of fulfillment of settlement conditions is extended to October 29, 2021. Ordered by Judge Dominic W Lanza on 10/25/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 56 MOTION for Extension of Time to File Motion to Dismiss or, in the Alternative, Motion for Relief by Offerpad Incorporated, Offerpad LLC. (Attachments: #1 Proposed Order)(Tazioli, Andrea) |
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Filing 55
ORDER: Plaintiffs contacted the Court's chambers to request that defense counsel's "statement" (Doc. 53) be sealed. Accordingly, IT IS ORDERED that the Clerk of Court shall remove this "statement" (Doc. 53) from the public record immediately and file it under seal. IT IS FURTHER ORDERED that Plaintiffs file a motion, within 14 days of the date of this order, explaining why the statement, in full or in part, meets the legal standard for sealing [see attached Order for details]. Signed by Judge Dominic W Lanza on 10/20/21. (MAW)
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| Filing 54 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Status Conference held on 10/12/2021 regarding the Joint Case Memorandum (Doc. #51 ). The Court outlines the information contained in said memorandum. Discussion held. IT IS ORDERED directing Plaintiffs' counsel to file no later than October 22, 2021, either a motion to dismiss because the settlement conditions have been fulfilled or, in the alternative, a motion for relief based on lack of fulfillment of settlement conditions. IT IS FURTHER ORDERED that Plaintiffs' counsel may file no later than October 29, 2021, a motion for attorneys' fees based on the reasons discussed on the record this date. Defense counsel having disputed Plaintiffs' counsel's assertion that Defense counsel failed to respond on September 14, 2021 (Doc. #51 ), IT IS ORDERED directing Defense counsel to file no later than 5:00 p.m., October 12, 2021, her September 14, 2021, responsive email to Plaintiffs' counsel. The Court will review Defense counsel's filing to decide whether sanctions, including revocation to the admission of practice in the District of Arizona, should be imposed based on the Defense counsel's course of conduct. APPEARANCES: Andrea Tazioli, Jeremy Kapteyn and Mark Williams (all appearing telephonically) for Plaintiffs. Brittany Burback for Defendants. Defendant Alfredo Saenz is present. (Court Reporter Barbara Stockford) Hearing held 2:13 PM to 2:31 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Filing 53 *STATEMENT of Brittany Burback by Defendant Alfredo Saenz. (Burback, Brittany) *Modified to Seal Pursuant to Doc. #55 on 10/20/2021 (NKS). *Modified to Unseal Pursuant to Doc. #62 on 11/4/2021 (MAP). |
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Filing 52
ORDER: IT IS ORDERED that a status conference is scheduled for October 12, 2021 at 2:00 p.m. in Courtroom 601 of the Sandra Day O'Connor United States Courthouse. Defendants' counsel and her clients shall appear in person. Plaintiffs' counsel may appear in person or telephonically. If Plaintiffs' counsel choose to appear telephonically, they shall call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones, headsets and connection through the internet are not permitted [see attached Order for details]. Signed by Judge Dominic W Lanza on 9/29/21. (MAW)
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| Filing 51 MEMORANDUM by Counter Defendants Offerpad Incorporated, Offerpad LLC, Plaintiffs Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
| Filing 50 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Status Conference held on 9/13/2021 at the request of Plaintiffs' counsel (Doc. #48 ). Discussion held regarding the issues raised by Plaintiffs' counsel in said motion. IT IS ORDERED directing counsel to file a joint statement no later than 5:00 p.m., September 27, 2021, advising the Court whether the parties have fully complied with the settlement agreement. If there is an agreement the Court will dismiss the case. If compliance is disputed, the Court will address at that time how to proceed. APPEARANCES: Andrea Tazioli and Jeremy Kapteyn (both appearing telephonically) for Plaintiffs. Brittany Burback (appearing telephonically) for Defendants. (Court Reporter Candy Potter) Hearing held 10:14 AM to 10:26 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
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Filing 49
ORDER: IT IS ORDERED that Plaintiff's Request for Telephonic Status Conference and Motion to Extend Dismissal Deadline (Doc. #48 ) is granted. IT IS FURTHER ORDERED that the Telephonic Status Conference shall be scheduled for September 13, 2021 at 10:00 a.m. Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones are not permitted. IT IS FURTHER ORDERED that the Clerk of Court shall not dismiss this case at this time. Ordered by Judge Dominic W Lanza on 9/9/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 48 *MOTION (Request) for Telephonic Status Conference, MOTION to Extend Dismissal Deadline for an Additional Thirty Days by Offerpad Incorporated, Offerpad LLC. (Attachments: #1 Proposed Order)(Tazioli, Andrea). *Modified to add motion part and correct docket text; attorney noticed on 9/8/2021 (SST). |
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Filing 47
ORDER: IT IS ORDERED that the motion to extend deadline (Doc. #46 ) is granted. The Court's June 10, 2021 order (Doc. #45 ) is amended in that the date on which the Clerk of Court shall dismiss this case, unless a party requests reinstatement, shall be September 9, 2021. Ordered by Judge Dominic W Lanza on 8/10/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 46 First MOTION for Extension of Time to Dismiss Matter for a Period of Thirty (30) Days by Offerpad Incorporated, Offerpad LLC. (Attachments: #1 Text of Proposed Order)(Tazioli, Andrea) |
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Filing 45
ORDER: The Court having received notice that this case has settled (Doc. #44 ), IT IS ORDERED that the Clerk of Court shall, without further notice, DISMISS this entire case on August 10, 2021, and shall enter judgment accordingly, unless prior thereto a party files a request for reinstatement on the Court's trial calendar. IT IS FURTHER ORDERED that all deadlines and hearings are vacated and that all pending motions are denied as moot. Signed by Judge Dominic W Lanza on 6/10/21. (MAW)
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| Filing 44 NOTICE of Settlement by Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
| Filing 43 NOTICE TO FILER OF DEFICIENCY re: #39 , #42 , #40 , #41 Notice of Service of Discovery. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAH) |
| Filing 42 NOTICE of Service of Discovery filed by Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
| Filing 41 NOTICE of Service of Discovery filed by Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
| Filing 40 NOTICE of Service of Discovery filed by Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
| Filing 39 NOTICE of Service of Discovery filed by Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
| Filing 38 REPORT of Settlement Talks/Discussions Joint Report by Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
| Filing 37 MINUTE ENTRY for proceedings held before Magistrate Judge John Z Boyle: On December 3, 2020, the Court held separate Settlement Conferences with the parties. Appearing via video teleconferencing were Attorneys Jeremy Kapteyn, Mark Williams, and Andrew Tazioli on behalf of Plaintiffs; Corporate representative Adam Martinez for Plaintiffs; Attorney Brittany Burback on behalf of Defendants; Defendant Alfredo Saenz; and corporate representative Brittany Hasenburg for Defendants. A Court reporter was not present, nor the Settlement Conference recorded. A settlement was not reached. Hearing held 1:30 p.m. to 4:15 p.m.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (rkt) |
| Filing 36 MINUTE ORDER: The 11/13/20 Settlement Conference is continued. Settlement Conference set for 12/3/2020 at 01:30 PM via video conferencing before Magistrate Judge John Z Boyle. All other orders and deadlines in the Court's 9/10/20 Settlement Conference Order are affirmed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (rkt) |
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Filing 35
ORDER continuing Settlement Conference for 11/13/2020 at 1:30 PM before Magistrate Judge John Z Boyle. All other orders and deadlines in the Court's 9/10/20 Settlement Conference Order are affirmed. Signed by Magistrate Judge John Z Boyle on 9/22/20. (DXD)
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Filing 34
ORDER - Telephonic Settlement Conference set for 11/12/20 at 1:30 PM before Magistrate Judge John Z Boyle. See order for further details. Signed by Judge Dominic W Lanza on 9/10/20. (DXD)
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| Filing 33 NOTICE TO FILER OF DEFICIENCY re: #30 , #31 , #32 Notice of Service of Discovery. Documents not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 32 NOTICE of Service of Discovery filed by Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
| Filing 31 NOTICE of Service of Discovery filed by Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
| Filing 30 NOTICE of Service of Discovery filed by Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
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Filing 29
ORDER: The parties having requested a referral to a Magistrate Judge for settlement conference (contained in the parties' Joint Case Management Report Doc. #26 ), and good cause appearing, IT IS ORDERED granting the parties' request. Magistrate Judge John Z. Boyle having been randomly drawn, IT IS ORDERED referring this matter to Magistrate Judge Boyle for the purpose of conducting a settlement conference. Counsel are directed to contact said chambers within 14 days of the date of this Order to schedule a hearing date and time. Signed by Judge Dominic W Lanza on 8/13/20. (MAW)
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Filing 28
SCHEDULING ORDER: Discovery due by 6/4/2021. Dispositive motions due by 8/13/2021. Signed by Judge Dominic W Lanza on 8/13/20. (MAW)
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Filing 27
ORDER: The Court, having reviewed the parties' joint Rule 26(f) report (Doc. #26 ), concludes it is unnecessary to hold a Rule 16 Case Management Conference. The Court will separately issue the Case Management Order. Counsel are to note at Item 11 of the Case Management Order that the deadlines are real, and the Court will enforce the deadlines set forth in the Order. The parties should plan their litigation activities accordingly. Ordered by Judge Dominic W Lanza on 8/13/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 26 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Joint Case Management Report filed by Counter Defendants Offerpad Incorporated, Offerpad LLC, Plaintiffs Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
| Filing 25 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Counter Defendants Offerpad Incorporated, Offerpad LLC, Plaintiffs Offerpad Incorporated, Offerpad LLC. (Kapteyn, Jeremy) |
| Filing 24 NOTICE of Appearance by Andrea Suzanne Tazioli on behalf of Offerpad Incorporated, Offerpad LLC. (Tazioli, Andrea) |
| Filing 23 MINUTE ORDER: Pursuant to #9 Preliminary Order, Unknown Parties (named as John and Jane Does I-X, ABC Partnerships I-X, DEF Limited Liability Companies I-X, and XYZ Corporations I-X,) terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) |
| Filing 22 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Offerpad Incorporated, Offerpad LLC. (Kapteyn, Jeremy) |
| Filing 21 MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading #20 has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header (REK) |
| Filing 20 ANSWER to #14 Answer to Amended Complaint, Counterclaim by Offerpad Incorporated, Offerpad LLC.(Kapteyn, Jeremy) |
| Filing 19 MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading #14 has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header (REK) |
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Filing 18
ORDER: IT IS ORDERED as follows: The parties are directed to confer and develop a Rule 26(f) Joint Case Management Report, which must be filed no later than August 11, 2020 [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/16/20. (MAW)
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| Filing 17 NOTICE TO FILER OF DEFICIENCY re: #14 Answer to Amended Complaint, Counterclaim. 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. (DXD) |
| Filing 16 Corporate Disclosure Statement by Offerkey LLC. (Burback, Brittany) |
| Filing 15 NOTICE of Appearance by Brittany Angel D Burback on behalf of Offerkey LLC, Carlos Reyes, Alfredo Saenz, Salwan Shakir. (Burback, Brittany) |
| Filing 14 Offerkey Defendants ANSWER to #10 Amended Complaint with Jury Demand , First COUNTERCLAIM against All Plaintiffs by Salwan Shakir, Offerkey LLC, Alfredo Saenz, Carlos Reyes.(Burback, Brittany) |
| Filing 13 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Offerpad Incorporated, Offerpad LLC. (Kapteyn, Jeremy) |
| Filing 12 MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading #10 has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header (REK) |
| Filing 11 Summons Issued as to Offerkey LLC, Carlos Reyes, Alfredo Saenz, Salwan Shakir. (Attachments: #1 Summons, #2 Summons, #3 Summons) (DXD). **IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 10 AMENDED COMPLAINT against All Defendants filed by Offerpad Incorporated, Offerpad LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(Kapteyn, Jeremy) |
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Filing 9
PRELIMINARY ORDER: IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant (s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on July 6, 2020, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/3/20. (MAW)
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| Filing 8 Summons Issued as to Offerkey LLC, Carlos Reyes, Alfredo Saenz, Salwan Shakir. (Attachments: #1 Summons, #2 Summons, #3 Summons)(MSA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 7 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. (MSA) |
| Filing 6 Filing fee paid, receipt number 0970-18141048. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-20-00668-PXH-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MSA) |
| Filing 5 Corporate Disclosure Statement by Offerpad Incorporated. (Submitted by Jeremy Kapteyn) (MSA) |
| Filing 4 Corporate Disclosure Statement by Offerpad LLC identifying Corporate Parent Offerpad Incorporated for Offerpad LLC. (Submitted by Jeremy Kapteyn) (MSA) |
| Filing 3 SUMMONS Submitted by Offerpad Incorporated, Offerpad LLC. (submitted by Jeremy Kapteyn) (Attachments: #1 Summons, #2 Summons, #3 Summons)(MSA) |
| Filing 2 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Offerpad Incorporated, Offerpad LLC. (Submitted by Jeremy Kapteyn) (MSA) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18141048 filed by Offerpad Incorporated, Offerpad LLC. (submitted by Jeremy Kapteyn) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit)(MSA) |
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