Xponential Fitness et al v. Arizona, State of et al
| Xponential Fitness, AKT Franchise LLC, Stretch Lab Franchise LLC, Yoga Six Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Club Pilates Franchise LLC and Row House Franchise LLC |
| Arizona, State of, Douglas A Ducey, Cara M Christ and Arizona Department of Health Services |
| 2:2020cv01310 |
| July 1, 2020 |
| US District Court for the District of Arizona |
| John Z Boyle |
| Diane J Humetewa |
| Other Statutes: Constitutionality of State Statutes |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 20, 2020. A more recent docket listing may be available from PACER.
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Filing 62
ORDER granting the #61 Motion. Plaintiffs will file a single brief in opposition to Defendants' pending Motions to Dismiss (Doc. #58 ; Doc. #60 ), not to exceed 30 pages, on or before September 18, 2020. Defendants will file their reply briefs on or before October 2, 2020. Signed by Judge Diane J Humetewa on 8/20/2020. (LFIG)
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| Filing 61 STIPULATION to Extend Briefing Schedule on Defendants' Motions to Dismiss the First Amended Complaint by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC. (Attachments: #1 Text of Proposed Order)(Howie, Brian) |
| Filing 60 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss First Amended Complaint and Joinder by Arizona Department of Health Services, Arizona, State of, Cara M Christ. (Falls, Gregory) |
| Filing 59 *REPORT/NOTICE of Settlement Talks/Discussions by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC . (Howie, Brian) *Modified to correct event and text on 8/6/2020 (REK). |
| Filing 58 MOTION to Dismiss for Failure to State a Claim by Douglas A Ducey. (Attachments: #1 NOTICE AND CERTIFICATION OF CONFERRAL REGARDING MOTION TO DISMISS FIRST AMENDED COMPLAINT)(Johnson, Brett) |
| Filing 57 Second MOTION FOR JUDICIAL NOTICE AND MEMORANDUM IN SUPPORT by Douglas A Ducey. (Attachments: #1 Exhibit Exhibits 1-6, #2 Text of Proposed Order)(Johnson, Brett) |
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Filing 56
ORDER setting a Rule 16 Scheduling Conference for 10/6/2020 at 11:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 7/28/2020. (See Order for details.) (LFIG)
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Filing 55
ORDER: On July 8, 2020, Defendant Ducey filed a Motion to Dismiss Plaintiffs' Complaint under Federal Rule 12(b)(6) (Doc. #37 ). Plaintiffs then filed a First Amended Complaint pursuant to LRCiv 15.1(b) (Doc. #49 ). In light of the First Amended Complaint, IT IS ORDERED that Defendant's Motion to Dismiss (Doc. #37 ) is denied as moot. ORDERED by Judge Diane J Humetewa on 7/28/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 54 SERVICE EXECUTED filed by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC: Certificate of Service re: Summons, First Amended Complaint, Notice of Filing upon Arizona Department of Health Services on July 23, 2020. (Howie, Brian) |
| Filing 53 SERVICE EXECUTED filed by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC: Certificate of Service re: Summons, First Amended Complaint, Notice of Filing upon Dr. Cara Christ on July 23, 2020. (Howie, Brian) |
| Filing 52 Summons Issued as to Arizona Department of Health Services, Cara M Christ. (Attachments: #1 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 51 SUMMONS Submitted by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC. (Howie, Brian) |
| Filing 50 SUMMONS Submitted by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC. (Howie, Brian) |
| Filing 49 AMENDED COMPLAINT for Declaratory Relief, Injunctive Relief and Damages against All Defendants filed by PB Franchising LLC, AKT Franchise LLC, Xponential Fitness, Stretch Lab Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, Yoga Six Franchise LLC, Row House Franchise LLC.(Howie, Brian) |
| Filing 48 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC . (Attachments: #1 Exhibit A)(Howie, Brian) |
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Filing 46
ORDER that Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. #21 ) is DENIED. IT IS FURTHER ORDERED that Defendant State of Arizona's Motion to Dismiss (Doc. #34 ) is GRANTED. Arizona shall be dismissed as a party from this suit. Signed by Judge Diane J Humetewa on 7/14/2020. (See Order for details.) (LFIG)
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| Filing 45 TRANSCRIPT REQUEST by Douglas A Ducey for proceedings held on 7/13/2020, Judge Diane J Humetewa hearing judge(s). (Johnson, Brett) |
| Filing 47 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC MOTION FOR TEMPORARY RESTRAINING ORDER proceedings held on 07/13/2020, before Judge DIANE J. HUMETEWA. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020. (RAP) |
| Filing 44 TRANSCRIPT REQUEST by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC for proceedings held on July 13, 2020, Judge Diane J Humetewa hearing judge(s). (Howie, Brian) |
| Filing 43 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Temporary Restraining Order Hearing held on 7/13/2020. Arguments heard. IT IS ORDERED taking this matter under advisement. Order to follow. TELEPHONIC APPEARANCES: Brian Howie, Jeffrey Logan, Steven Swaney and Alex Weingarten for Plaintiffs. Brunn Roysden for Defendant State of Arizona. Michael Calvanico, Derek Flint, Anni Foster and Brett Johnson for Defendant Governor Doug Ducey. (Court Reporter Linda Schroeder.) Hearing held 10:00 AM to 11:16 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
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Filing 42
ORDER: Plaintiffs and Governor Ducey each ask this Court to take judicial notice of various documents, including Governor Ducey's COVID-19 Executive Orders; statements made by State, Federal and WHO officials; and statistical data. (Docs. #22 , #36 ). The Court finds these documents to be proper subjects of judicial notice. Accordingly, IT IS ORDERED that Plaintiffs' Motion for Judicial Notice (Doc. #22 ) and Governor Ducey's Motion for Judicial Notice (Doc. #36 ) are GRANTED. IT IS FURTHER ORDERED that oral argument on Plaintiffs' TRO Motion set for 7/13/2020 at 10:00 AM shall be limited to thirty (30) minutes per side, and rebuttal, if any, shall be limited to fifteen (15) minutes. ORDERED by Judge Diane J Humetewa on 7/10/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 41 REPLY to Response to Motion re: #21 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC. (Attachments: #1 Exhibit A)(Howie, Brian) |
| Remark: Pro hac vice motion(s) granted for Celeste M Brecht on behalf of Plaintiffs AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, and Yoga Six Franchise LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 40 NOTICE of Errata re: #39 Response to Motion by Defendant Douglas A Ducey. (Johnson, Brett) |
| Filing 39 RESPONSE to Motion re: #21 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Douglas A Ducey. (Attachments: #1 Exhibit Exhibits A-E, #2 Exhibit Exhibits F-I)(Johnson, Brett) |
| Filing 38 *NOTICE/ Certification of Conferral re: #37 Motion to Dismiss for Failure to State a Claim by Douglas A Ducey . (Johnson, Brett) *Modified to add document link on 7/9/2020 (REK). |
| Filing 37 *MOTION to Dismiss for Failure to State a Claim by Douglas A Ducey. (Johnson, Brett) *Modified to correct motion type on 7/9/2020 (REK). |
| Filing 36 *MOTION for Judicial Notice and Memorandum in Support by Douglas A Ducey . (Attachments: #1 Exhibit Exhibits 1-9, #2 Exhibit Exhibits 10-19, #3 Text of Proposed Order)(Johnson, Brett) *Modified to correct event and text on 7/9/2020 (REK). |
| Filing 35 RESPONSE to Motion re: #21 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Arizona, State of. (Roysden, Brunn) |
| Filing 34 *MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Arizona, State of. (Roysden, Brunn). *Added MOTION to Dismiss for Failure to State a Claim on 7/9/2020 (REK). |
| Remark: Pro hac vice motion(s) granted for Jeffrey K Logan, Steven E Swaney, and Alex M Weingarten on behalf of Plaintiffs AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, and Yoga Six Franchise LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 33 NOTICE of Errata re: #21 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction REGARDING EXHIBIT 1 TO DECLARATION OF TREVOR LUCAS by Plaintiffs AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC.. (Attachments: #1 Exhibit A)(Howie, Brian) |
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Filing 32
ORDER: The Court has received inquiries from media representatives who wish to listen to the July 13, 2020, telephonic hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve[s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the July 13, 2020 telephonic hearing will be permitted. Members of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. ORDERED by Judge Diane J Humetewa on 7/6/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 31 SERVICE EXECUTED filed by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC: Certificate of Service re: Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction and Request for Judicial Notice upon Governor Douglas Ducey on July 6, 2020. (Howie, Brian) |
| Filing 30 SERVICE EXECUTED filed by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC: Certificate of Service re: Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction and Request for Judicial Notice upon The State of Arizona on July 6, 2020. (Howie, Brian) |
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Filing 29
ORDER that Defendants shall file a Response to the #21 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by 5:00 p.m. on July 8, 2020 and Plaintiffs shall file a Reply by 9:30 a.m. on July 10, 2020. ORDERED setting a Telephonic Temporary Restraining Order Hearing for 7/13/2020 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Counsel will receive dial-in instructions by separate electronic mail. IT IS FURTHER ORDERED that if any member of the public wishes to listen to the telephonic hearing, they shall contact chambers, Humetewa_Chambers@azd.uscourts.gov via electronic mail. If any member of the media wishes to listen to the telephonic hearing, they shall contact AZD-PIO@azd.uscourts.gov via electronic mail. Signed by Judge Diane J Humetewa on 7/6/2020. (LFIG)
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| Filing 28 SERVICE EXECUTED filed by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC: Certificate of Service re: Summons, Complaint, Corporate Disclosure (8), Consent/Election Form (8) upon Governor Douglas Ducey on July 2, 2020. (Howie, Brian) |
| Filing 27 SERVICE EXECUTED filed by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC: Certificate of Service re: Summons, Complaint, Corporate Disclosure (8), Consent/Election Form (8) upon The State of Arizona on July 2, 2020. (Howie, Brian) |
| Filing 25 NOTICE of Appearance by Brett William Johnson on behalf of Douglas A Ducey. (Johnson, Brett) |
| Filing 24 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Diane J Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-20-1310-PHX-DJH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 22 *REQUEST for Judicial Notice re: #21 Motion for Temporary Restraining Order, Motion for Preliminary Injunction by Plaintiffs AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-11, #3 Text of Proposed Order)(Howie, Brian) *Modified to add document link on 7/6/2020 (REK). |
| Filing 21 *MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction (with Notice) by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC. (Attachments: #1 Supplement Index to Exhibits, #2 Exhibit A - Part 1, #3 Exhibit A - Part 2, #4 Exhibit A - Part 3, #5 Exhibit B, #6 Text of Proposed Order)(Howie, Brian). *Added MOTION for Preliminary Injunction on 7/6/2020 (REK). |
| Filing 23 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 12 Summons Issued as to Arizona, State of, Douglas A Ducey. (Attachments: #1 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 11 Filing fee paid, receipt number 0970-18436608. This case has been assigned to the Honorable John Z. Boyle. All future pleadings or documents should bear the correct case number: CV-20-01310-PHX-JZB. Magistrate Election form attached. (Attachments: #1 Magistrate Consent Form)(REK) |
| Filing 10 SUMMONS Submitted by AKT Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, PB Franchising LLC, Row House Franchise LLC, Stretch Lab Franchise LLC, Xponential Fitness, Yoga Six Franchise LLC. (submitted by Brian Howie) (Attachments: #1 Summons)(REK) |
| Filing 9 Corporate Disclosure Statement by Yoga Six Franchise LLC identifying Corporate Parent Xponential Fitness LLC for Yoga Six Franchise LLC. (submitted by Brian Howie) (REK) |
| Filing 8 Corporate Disclosure Statement by Stretch Lab Franchise LLC identifying Corporate Parent Xponential Fitness LLC for Stretch Lab Franchise LLC. (submitted by Brian Howie) (REK) |
| Filing 7 Corporate Disclosure Statement by Row House Franchise LLC identifying Corporate Parent Xponential Fitness LLC for Row House Franchise LLC. (submitted by Brian Howie) (REK) |
| Filing 6 Corporate Disclosure Statement by PB Franchising LLC identifying Corporate Parent Xponential Fitness LLC for PB Franchising LLC. (submitted by Brian Howie) (REK) |
| Filing 5 Corporate Disclosure Statement by CycleBar Franchising LLC identifying Corporate Parent Xponential Fitness LLC for CycleBar Franchising LLC. (submitted by Brian Howie) (REK) |
| Filing 4 Corporate Disclosure Statement by Club Pilates Franchise LLC identifying Corporate Parent Xponential Fitness LLC for Club Pilates Franchise LLC. (submitted by Brian Howie) (REK) |
| Filing 3 Corporate Disclosure Statement by AKT Franchise LLC identifying Corporate Parent Xponential Fitness LLC for AKT Franchise LLC. (submitted by Brian Howie) (REK) |
| Filing 2 Corporate Disclosure Statement by Xponential Fitness. (submitted by Brian Howie) (REK) |
| Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-18436608 filed by PB Franchising LLC, AKT Franchise LLC, Xponential Fitness, Stretch Lab Franchise LLC, Club Pilates Franchise LLC, CycleBar Franchising LLC, Yoga Six Franchise LLC, Row House Franchise LLC. (submitted by Brian Howie) (Attachments: #1 Civil Cover Sheet) (REK) |
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