Cechini v. Dollardays International Incorporated
| Denise Cechini |
| Dollardays International Incorporated |
| 2:2020cv00749 |
| April 17, 2020 |
| US District Court for the District of Arizona |
| Susan R Bolton |
| Douglas L Rayes |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on September 10, 2020. A more recent docket listing may be available from PACER.
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Filing 26
ORDER DISMISSING CASE with prejudice. Signed by Senior Judge Susan R Bolton on 9/10/20. (DXD)
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Filing 25
ORDER: Plaintiff having filed a Notice of Settlement (Doc. #24 ); IT IS ORDERED that this matter will be dismissed with prejudice within 30 days of the date of this Order unless a stipulation to dismiss is filed prior to the dismissal date. IT IS FURTHER ORDERED vacating the Rule 16 Case Management Conference set on August 20, 2020. Signed by Senior Judge Susan R Bolton on 8/10/20. (MAW)
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| Filing 24 NOTICE of Settlement by Denise Cechini. (Klinger, Gary) |
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Filing 23
ORDER: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for August 20, 2020, at 10:30 a.m. The Rule 16 Case Management Conference will be telephonic. Counsel shall not appear in person. Counsel are directed to call (866)390-1828; Access code 9667260 five minutes prior to the hearing. Counsel are advised that speaker phones are not permitted [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 7/17/20. (MAW)
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| Filing 22 ANSWER to #14 Amended Complaint by Dollardays International Incorporated.(Dwyer, Daniel) |
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Filing 21
ORDER: IT IS ORDERED granting Defendant's Emergency Motion for Enlargement of Time in Which to Answer or Respond to Amended Complaint. (Doc. #19 ). IT IS FURTHER ORDERED that Defendant file its responsive pleading not later than 10 days from the date of this Order. IT IS FURTHER ORDERED denying Defendant's Motion to Dismiss as moot and vacating oral argument set on July 16, 2020 at 11:00 a.m. [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 6/29/20. (MAW)
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| Filing 20 RESPONSE in Opposition re: #10 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction filed by Denise Cechini. (Klinger, Gary) *Modified text on 6/16/2020 (DXD). |
| Filing 19 Emergency MOTION for Extension of Time to File Answer or Respond to Amended Complaint by Dollardays International Incorporated. (Attachments: #1 Text of Proposed Order)(Dwyer, Daniel) |
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Filing 18
ORDER: IT IS ORDERED setting oral argument on Defendant's Motion to Dismiss for July 16, 2020 at 11:00 a.m. Oral argument will be telephonic. Counsel shall not appear in person. Counsel are directed to call (866) 390-1828; Access code 9667260 five minutes prior to the hearing. Counsel are advised that speaker phones are not permitted. Signed by Senior Judge Susan R Bolton on 6/8/20. (MAW)
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| Remark: Pro hac vice motion(s) granted for Daniel J Dwyer on behalf of Defendant Dollardays International Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 17
ORDER OF RECUSAL. Judge Douglas L Rayes recused. Case randomly reassigned to Senior Judge Susan R Bolton for all further proceedings. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-20-00749-PHX-SRB. Pending is Defendants Motion to Dismiss at Doc. #10 . Signed by Judge Douglas L Rayes on 6/2/2020. (MMO)
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| Remark: Pro hac vice motion(s) granted for Christopher Scot Lockman on behalf of Defendant Dollardays International Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 16 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Denise Cechini (Plaintiff's 1st Amended Class Action Complaint). (Attachments: #1 Redlined Amended Complaint)(Klinger, Gary) |
| Filing 15 NOTICE TO FILER OF DEFICIENCY re: #14 Amended Complaint. Document not in compliance with LRCiv 15.1(b) - The amending party must file a separate notice of filing the amended pleading. FOLLOW-UP ACTION REQUIRED: Please use event Notice of Filing - Amended Pleading (LRCiv 15.1(b)) and attach a copy of the amended pleading that indicates in what respect it differs from the pleading which it amends, by bracketing or striking through the text that was deleted and underlining the text that was added. 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. (DXD) |
| Filing 14 AMENDED COMPLAINT against Dollardays International Incorporated filed by Denise Cechini.(Klinger, Gary) |
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Filing 13
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Rule 16 Scheduling Conference set for 8/7/2020 at 04:30 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. The parties are directed to meet and confer at least 14 calendar days before the Scheduling Conference as required by Federal Rule of Civil Procedure 26(f). (See Order for details.) Signed by Judge Douglas L Rayes on 5/20/2020. (MMO)
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| Filing 12 NOTICE re: DOLLARDAYS LOCAL CIVIL RULE 12.1(c) CERTIFICATION OF CONFERRAL by Dollardays International Incorporated . (Merrill, Adam) |
| Filing 11 Corporate Disclosure Statement by Dollardays International Incorporated identifying Corporate Parent America's Suppliers, Inc. for Dollardays International Incorporated. (Merrill, Adam) |
| Filing 10 MOTION to Dismiss Counts/Claims : Class Claim 1 (All Claims) by Dollardays International Incorporated. (Attachments: #1 Affidavit Affidavit of Jim Jacobs)(Merrill, Adam) |
| Remark: Out of state attorneys Andrew J Shamis, Rachel Dapeer and Scott Edelsberg removed as counsel of record 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) |
| Filing 9 SERVICE EXECUTED filed by Denise Cechini: Affidavit of Service re: Summons and Complaint upon Dollardays International Inc c/o National Registered Agents Inc. on 4/24/2020. (Shamis, Andrew) |
| Remark: Pro hac vice motion(s) granted for Gary M Klinger on behalf of Plaintiff Denise Cechini. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 8
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. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 4/20/2020. (MMO)
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| Filing 7 Additional Attachments to Main Document re: #1 Complaint Civil Cover Sheet by Plaintiff Denise Cechini. (Shamis, Andrew) *Modified linkage on 4/21/2020 (DXD). |
| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. An older version of the Automated Civil Cover Sheet was included with the pleading. For future reference, the current Civil Cover Sheet version can be found on the Arizona District Court website under Rules, General Orders, Forms/ Forms/ JS 44 Civil Cover Sheet. Once the form is completed it should be generated at the bottom. Please docket the correct version using the Additional Attachment to Main Document event located under Other Filings/ Other category. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Additionally, Document not in compliance with LRCiv 7.1(a)(1) - Forms of Papers. Please note for future filings; 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 4 Summons Issued as to Dollardays International Incorporated. (DXD). **IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number 0970-18192008. This case has been assigned to the Honorable Judge Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-20-00749-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DXD) |
| Filing 2 SUMMONS Submitted by Denise Cechini (submitted by Andrew Shamis). (DXD) |
| Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-18192008 filed by Denise Cechini (submitted by Andrew Shamis). (Attachments: #1 Civil Cover Sheet) (DXD) |
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