Alpine Investors IV SBIC LP et al v. Smith et al
| Beneco Systems LLC, Alpine Investors IV SBIC LP, Alpine Investors IV LP, Beneco Trust Company and Benarb LLC |
| LaRhea McNeely, J A Rohi Corporation, Alice Smith, Z & S Consulting Limited, Bull Run Enterprises Incorporated, Rhett Smith, LaRhea Smith, Zane Smith, JA Rohi Corporation and Z&S Consulting Limited |
| 2:2020cv00837 |
| April 29, 2020 |
| US District Court for the District of Arizona |
| Diane J Humetewa |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on May 26, 2020. A more recent docket listing may be available from PACER.
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Filing 15
ORDER granting #13 Stipulation. The Clerk of the Court is directed to file under seal all documents lodged under seal at Doc. #14 . Signed by Judge Diane J Humetewa on 5/26/20. (MAP)
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| Filing 14 *SEALED NOTICE OF FILING COPIES OF SEALED DOCUMENTS FROM STATE COURT RECORD, CV2019-003447; AND CERTIFICATION OF COUNSEL UNDER LOCAL RULE 3.6(b). Filed by LaRhea McNeely. (Attachments: #1 Exhibit 1 (SDD - Notice: Sealed Document - MOTION FOR LEAVE TO FILE UNDER SEAL), #2 Exhibit 2 (SDD - Notice: Sealed Document - NOTE: CONSULTATION CERTIFICATE), #3 Exhibit 3 (SDD - Notice: Sealed Document APPLICATION TO CONFIRM), #4 Exhibit 7 (SDD - Notice: Sealed Document SUMMONS), #5 Exhibit 8 (SDD - Notice: Sealed Document SUMMONS), #6 Exhibit 9 (SDD - Notice: Sealed Document SUMMONS), #7 Exhibit 10 (SDD - Notice: Sealed Document SUMMONS), #8 Exhibit 11 (SDD - Notice: Sealed Document SUMMONS), #9 Exhibit 12 (SDD - Notice: Sealed Document SUMMONS), #10 Exhibit 13 (SDD - Notice: Sealed Document SUMMONS), #11 Exhibit 14 (SDD - Notice: Sealed Document AFFIDAVIT OF SERVICE), #12 Exhibit 15 (SDD - Notice: Sealed Document AFFIDAVIT OF SERVICE), #13 Exhibit 16 (SDD - Notice: Sealed Document AFFIDAVIT OF SERVICE), #14 Exhibit 17 (SDD - Notice: Sealed Document AFFIDAVIT OF SERVICE), #15 Exhibit 18 (SDD - Notice: Sealed Document AFFIDAVIT OF SERVICE), #16 Exhibit 19 (SDD - Notice: Sealed Document AFFIDAVIT OF SERVICE), #17 Exhibit 20 (SDD - Notice: Sealed Document AFFIDAVIT OF SERVICE), #18 Exhibit 22 (SDD - Notice: Sealed Document - RESPONDENT ALICE AVILA'S SPECIAL APPEARANCE OPPOSITION TO APPLICATION TO CONFIRM ARBITRATION AWARD), #19 Exhibit 23 (SDD - Notice: Sealed Document - REPLY IN SUPPORT OF APPLICATION TO CONFIRM ARBITRATION AWAED AGAINST ALICE AVILA), #20 Exhibit 24 (SDD - Notice: Sealed Document - DECLARATION OF HAL MICHAEL CLYDE IN SUPPORT OF APPLICATION TO COMFIRM ARBITRATION AWARD AGAINST ALICE AVILA), #21 Exhibit 27 (SDD - Notice: Sealed Document - MOTION FOR EXTENSION OF TIME TO RESPOND TO APPLICATION TO CONFIRM ARBITRATION AWARD), #22 Exhibit 28 (SDD - Notice: Sealed Document - NOTICE REQUESTING ASSIGNMENT TO COMMERCIAL COURT // EFILE BILLING $245.00), #23 Exhibit 29 (SDD - Notice: Sealed Document - CROSS APPLICATION TO VACATE ARBITRATION AWARD), #24 Exhibit 30 (SDD - Notice: Sealed Document - MOTION TO STAY PENDING DETERMINATION OF FIRST FILED ACTION), #25 Exhibit 31 (SDD - Notice: Sealed Document - RESPONDENT ALICE AVILA'S JOINDER IN CROSS APPLICATION TO VACATE ARBITRATION AWARD), #26 Exhibit 32 (SDD - Notice: Sealed Document - RESPONDENT ALICE AVILA'S JOINDER IN MOTION TO STAY PENDING DETERMINATION OF FIRST FILED ACTION), #27 Exhibit 33 (SDD - Notice: Sealed Document - COUNTERCLAIM FOR DECLARATORY JUDGMENT (REDACTED FOR PUBLIC FILING)), #28 Exhibit 35 (SDD - Notice: Sealed Document - COUNTERCLAIM FOR DECLARATORY JUDGMENT), #29 Exhibit 36 (SDD - Notice: Sealed Document - OPPOSTIO N TO MOTION TO STAY AND REPLY IN SUPPORT OF APPLICATION TO CONFIRM ARBITRATION AWARD), #30 Exhibit 37 (SDD - Notice: Sealed Document - MOTION FOR CLARIFICATION OF NON-FINAL ORDER), #31 Exhibit 38 (SDD - Notice: Sealed Document - EXPEDITED MOTION FOR STATUS CONFERENCE REGARDING RESPONDENTS' CUMULATIVE FILINGS AND FAILURE TO COMPLY WITH COURT'S ORDER DIRECTING SEALING OF ALL DOCUMENTS FILED IN CONFIRMATION PROCEEDING), #32 Exhibit 39 (SDD - Notice: Sealed Document - RESPONSE TO EXPEDITED MOTION FOR STATUS CONFERENCE), #33 Exhibit 40 (SDD - Notice: Sealed Document - REPLY IN SUPPORT OF EXPEDITED MOTION FOR STATUS CONFERENCE), #34 Exhibit 41 (SDD - Notice: Sealed Document - REPLY IN SUPPORT OF MOTION TO STAY PENDING DETERMINATION OF FIRST FILED ACTION), #35 Exhibit 42 (SDD - Notice: Sealed Document - REPLY IN SUPPORT OF MOTION TO STAY PENDING DETERMINATION OF FIRST-FILED ACTION), #36 Exhibit 44 (SDD - Notice: Sealed Document - RESPONSE TO MOTION FOR CLARIFICATION), #37 Exhibit 46 (SDD - Notice: Sealed Document MINUTE ENTRY), #38 Exhibit 49 (SDD - Notice: Sealed Document), #39 Exhibit 51 (SDD Notice: Sealed Document - MOTION FOR RECONSIDERATION OF ORDER GRANTING STAY OF PROCEEDINGS), #40 Exhibit 53 (SDD - Notice: Sealed Document - RESPONSE TO MOTION FOR RECONSIDERATION), #41 Exhibit 54 (SDD - Notice: Sealed Document - REPLY TO SMITH'S RESPONSE TO MOTION FOR RECONSIDERATION), #42 Exhibit 56 (SDD - Notice: Sealed Document - REQUEST FOR A COURT REPORTER), #43 Exhibit 58 (SDD - Notice: Sealed Document - NOTICE OF BANKRUPTCY FILINGS), #44 Exhibit 62 (SDD - Notice: Sealed Document - [PROPOSED]ORDER GRANTING APPLICANTS' APPLICATION TO CONFIRM ARBITRATION AWARD AGAINST ALICE AVILA AND ENTRY OF JUDGMENT AGAINST ALICE AVILA), #45 Exhibit 63 (SDD - Notice: Sealed Document - PETITIONERS' REQUEST FOR ORDER CONFIRMING THE AWARD AGAINST ALICE AVILA), #46 Exhibit 64 (SDD - Notice: Sealed Document - RESPONDENT ALICE AVILA'A SPECIAL APPEARANCE MOTION FOR RECONSIDERATION OF THE MINUTE ENTRY ENTERED ON FEBRUARY 26, 2020), #47 Exhibit 65 (SDD - Notice: Sealed Document - NOTE: RESPONDENT ALICE AVILA'S SPECIAL APPEARANCE SUPPLEMENT TO HER MOTION FOR RECONSIDERATION OF THE MINUTE ENTRY ENTERED O N FEBRUARY 26, 2020), #48 Exhibit 66 (SDD - Notice: Sealed Document - NOTE: PETITIONERS' STATUS REPORT))(Burgess, Todd) *Modified to change from lodged to filed pursuant to doc. #15 on 5/26/2020 (MAP). Modified to regenerate NEF on 5/27/2020 (SCH). |
| Filing 13 STIPULATION re: #1 Notice of Removal, 10 Order, Set Deadlines STIPULATION TO FILE COPIES OF SEALED DOCUMENTS FROM STATE COURT RECORD UNDER SEAL PURSUANT TO LOCAL RULE 5.6 by LaRhea McNeely. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (proposed order))(Burgess, Todd) |
| Filing 12 NOTICE re: NOTICE OF FILING COPIES OF PUBLIC DOCUMENTS FROM STATE COURT RECORD, CV2019-003447; AND CERTIFICATION OF COUNSEL UNDER LOCAL RULE 3.6(b) by LaRhea McNeely re: #1 Notice of Removal, 10 Order, Set Deadlines . (Attachments: #1 Exhibit 4 (Civil Cover Sheet), #2 Exhibit 6 (Minute Entry Ruling - 7.31.19), #3 Exhibit 45 (ME: Order Entered By Court - 10.15.19), #4 Exhibit 47 (REPLY IN SUPPORT OF MOTION FOR CLARIFICATION OF NON-FINAL ORDER - 10.23.19), #5 Exhibit 48 (ME: Order Entered By Court - 10.22.19), #6 Exhibit 50 (ME: Order Entered By Court - 10.24.19), #7 Exhibit 52 (ME: Order Entered By Court - 12.2.19), #8 Exhibit 55 (ME: Conference Reset/Cont. - 1.21.20), #9 Exhibit 57 (ME: Oral Argument Set - 1.27.20), #10 Exhibit 60 (ME: Matter Under Advisement - 2.11.20), #11 Exhibit 61 (ME: Bankruptcy - 2.26.20))(Burgess, Todd) |
| Filing 11 *Corporate Disclosure Statement by Alpine Investors IV LP, Alpine Investors IV SBIC LP, Beneco Systems LLC, Beneco Trust Company. (Kroop, Jordan) Modified on 5/22/2020 to reflect the correct parties it applies to. (LFIG) |
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Filing 10
ORDER: This matter is before the Court on its own review. This case was removed to this Court from the Maricopa County Superior Court. The parties did not file a complete record of the state court action when they filed their Notice of Removal and therefore the removal does not comply with Local Rule 3.6(b). Now, pending before the Court is a stipulation to transfer venue. Before the Court can consider the parties' Stipulation (Doc. #8 ), the parties must file all of the underlying state court documents from the Superior Court action, along with a verification that the documents are true and correct copies. The parties shall file the complete record by Friday, May 22, 2020, or the Clerk of Court shall remand this matter back to state court without further order of the Court. The documents may be filed under seal, if necessary, in accordance with LRCiv 5.6. ORDERED by Judge Diane J Humetewa on 5/19/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 9 SECOND NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed no later than 5/21/2020. Corporate Disclosure Statement Deadline set as to Alpine Investors IV LP, Alpine Investors IV SBIC LP, Beneco Systems LLC, Beneco Trust Company, Bull Run Enterprises Incorporated, J A Rohi Corporation, Z & S Consulting Limited. (LFIG) |
| Filing 8 STIPULATION re: #6 MOTION to Transfer Venue to U.S. Bankruptcy Court for the Southern District of Texas, Houston Division by LaRhea McNeely. (Attachments: #1 Exhibit A (proposed order))(Burgess, Todd) |
| Filing 7 STATEMENT of / Rule 9027(e)(3) Statement by Plaintiffs Alpine Investors IV LP, Alpine Investors IV SBIC LP, Beneco Systems LLC, Beneco Trust Company, Benarb, LLC. (Kroop, Jordan) |
| Filing 6 * MOTION to Transfer Venue to U.S. Bankruptcy Court for the Southern District of Texas, Houston Division by LaRhea McNeely. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (proposed order)) (Associated Cases: 2:20-cv-00837-DJH) (Burgess, Todd) * Modified to correct event; attorney noticed on 5/11/2020 (LAD). |
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Filing 5
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. See Order for details. Signed by Judge Diane J Humetewa on 5/4/2020. (LFIG)
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| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by LaRhea McNeely. 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) |
| Filing 3 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Alpine Investors IV LP, Alpine Investors IV SBIC LP, Beneco Systems LLC, Beneco Trust Company, Bull Run Enterprises Incorporated, J A Rohi Corporation, Z & S Consulting Limited. (REK) |
| Filing 2 Filing fee paid, receipt number 0970-18233010. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-20-00837-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2019-003447. Filing fee received: $400.00, receipt number 0970-18233010 filed by LaRhea McNeely. (submitted by Todd Burgess) (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Supplemental Cover Sheet) (REK) |
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