Mesa Golfland Limited v. Ducey
Plaintiff: Mesa Golfland Limited
Defendant: Douglas A Ducey, Kathlene Cocca, Angela Ducey, Unknown Matson, Eric Matson, Cara Christ, John Cocca and Jason Christ
Case Number: 2:2020cv01616
Filed: August 17, 2020
Court: US District Court for the District of Arizona
Presiding Judge: John J Tuchi
Nature of Suit: Other Statutes: Other Statutory Actions
Cause of Action: 28:1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2020 Filing 46 NOTICE of Appearance by Stephen William Tully on behalf of Cara Christ, Jason Christ, John Cocca, Kathlene Cocca. (Tully, Stephen)
October 9, 2020 Opinion or Order Filing 45 ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on December 23, 2020. IT IS FURTHER ORDERED granting the Parties' Stipulated Motion to Extend Time to File Responsive Pleading to First Amended Complaint (Doc. #44 ). (See Order for full details.) Signed by Judge John J Tuchi on 10/9/20. (SST)
October 6, 2020 Filing 44 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #37 Amended Complaint by Douglas A Ducey. (Attachments: #1 Text of Proposed Order)(Johnson, Brett)
September 29, 2020 Opinion or Order Filing 43 ORDER: IT IS ORDERED denying as moot Defendant's Motion to Dismiss (Doc. #11 ), filed with regard to Plaintiff's original Complaint. Signed by Judge John J Tuchi on 9/29/2020. (JAMA)
September 28, 2020 Filing 42 NOTICE re: Consent by Mesa Golfland Limited re: #37 Amended Complaint Notice of Extension of Time to File First Amended Complaint as a Matter of Course. (Sannes, Joel)
September 28, 2020 Opinion or Order Filing 41 ORDER - By October 2, 2020, Plaintiff shall file either (1) an Amended Notice that states that Plaintiff has obtained Defendant's written consent to file the First Amended Complaint, in which event the Court will deny as moot the pending Motion to Dismiss (Doc. #11 ) filed with regard to Plaintiff's original Complaint; or (2) a Motion to Amend, which will supersede the Amended Complaint (Doc. #37 ) and Notice (Doc. #38 ) just filed by Plaintiff. Signed by Judge John J Tuchi on 9/28/20. (EJA)
September 25, 2020 Filing 40 Summons Issued as to Cara Christ, Jason Christ, John Cocca, Kathlene Cocca, Angela Ducey, Eric Matson, Unknown Matson. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
September 24, 2020 Filing 39 SUMMONS Submitted by Mesa Golfland Limited. (Attachments: #1 Summons to Cara Christ, #2 Summons to Jason Christ, #3 Summons to John Cocca, #4 Summons to Eric Matson, #5 Summons to Kathlene Cocca, #6 Summons to Jane Doe Matson)(Sannes, Joel)
September 23, 2020 Filing 38 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Mesa Golfland Limited Notice of Filing Plaintiff's First Amended Complaint. (Attachments: #1 Exhibit A)(Sannes, Joel)
September 23, 2020 Filing 37 AMENDED COMPLAINT Plaintiff's First Amended Complaint against All Defendants filed by Mesa Golfland Limited.(Sannes, Joel)
September 21, 2020 Opinion or Order Filing 36 ORDER denying Plaintiff's Verified Application for Temporary Restraining Order with Notice and Motion for Preliminary and Permanent Injunction (Doc. #3 ). FURTHER ORDERED granting Defendant's Motion for Judicial Notice (Doc. #13 ) and Motion to Supplement Motion for Judicial Notice (Doc. #25 ). Signed by Judge John J Tuchi on 9/21/20. (EJA)
September 9, 2020 Filing 35 RESPONSE in Opposition re: #11 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mesa Golfland Limited. (Sannes, Joel)
September 1, 2020 Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TEMPORARY RESTRAINING ORDER HEARING proceedings held on 08/28/2020, before Judge JOHN J. TUCHI. [Court Reporter: Barbara H. Stockford, CRR, RMR, CRC, Telephone number (602) 322-7247]. 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 9/22/2020. Redacted Transcript Deadline set for 10/2/2020. Release of Transcript Restriction set for 11/30/2020. (RAP)
August 31, 2020 Filing 33 STATUS REPORT Plaintiff re ADHS Attestation by Mesa Golfland Limited. (Sannes, Joel)
August 31, 2020 Filing 32 TRANSCRIPT REQUEST re TRO and Preliminary Injunction Hearing by Douglas A Ducey for proceedings held on 08/28/2020, Judge John J Tuchi hearing judge(s). (Johnson, Brett)
August 28, 2020 Filing 31 Defendant Witness List. (GMP)
August 28, 2020 Filing 30 Defendant Exhibit List (GMP)
August 28, 2020 Filing 29 Plaintiff Witness List. (GMP)
August 28, 2020 Filing 28 Plaintiff Exhibit List (GMP)
August 28, 2020 Filing 27 MINUTE ORDER: The exhibits marked, whether or not received as evidence, in the above-entitled case at the time of the hearing are returned to respective counsel. Counsel/agents are directed to retain custody of the exhibits until the case has been completely terminated, including all appeals, pursuant to LRCiv 79.1 (GMP)
August 28, 2020 Filing 26 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Temporary Restraining Order and Preliminary Injunction Hearing held re: Plaintiff's Verified Application for a Temporary Restraining Order with Notice and Motion for Preliminary and Permanent Injunction (Doc. #3 ). Discussion held. IT IS ORDERED taking this matter under advisement. Formal order to follow. (See attachment). (Court Reporter Barbara Stockford.) Hearing held 9:05 AM to 11:11 AM.(JAMA)
August 27, 2020 Filing 25 MOTION to Supplement Motion for Judicial Notice by Douglas A Ducey. (Attachments: #1 Exhibit Exhibit 35, #2 Text of Proposed Order Proposed Order)(Johnson, Brett)
August 27, 2020 Filing 24 NOTICE TO FILER OF DEFICIENCY re: #19 Reply to Response to Motion filed by Mesa Golfland Limited, #20 MOTION for Leave to File Excess Pages for Reply in Support of Its Application for Temporary Restraining Order and Motion for Preliminary and Permanent Injunction filed by Mesa Golfland Limited. 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. (EJA)
August 27, 2020 Opinion or Order Filing 23 ORDER: IT IS ORDERED granting the Plaintiffs Motion for Leave to Exceed Page Limitation for Reply in Support of Temporary Restraining Order Application (Doc. #20 ). IT IS FURTHER ORDERED that Plaintiff may file their Reply in Support of its Application for Temporary Restraining Order and Motion for Preliminary and Permanent Injunction (Doc. #3 ) not to exceed 14 pages. Signed by Judge John J Tuchi on 8/27/2020. (JAMA)
August 26, 2020 Filing 22 STATEMENT of Joint Discovery Dispute Summary by Defendant Douglas A Ducey. (Johnson, Brett)
August 26, 2020 Filing 21 *Additional Attachments to Main Document re: #20 MOTION for Leave to File Excess Pages for Reply in Support of Its Application for Temporary Restraining Order and Motion for Preliminary and Permanent Injunction. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Mesa Golfland Limited. (Sannes, Joel) *Modified to correct event type on 8/27/2020 (EJA).
August 26, 2020 Filing 20 MOTION for Leave to File Excess Pages for Reply in Support of Its Application for Temporary Restraining Order and Motion for Preliminary and Permanent Injunction by Mesa Golfland Limited. (Sannes, Joel)
August 26, 2020 Filing 19 REPLY to Response to Motion re: #3 MOTION for Temporary Restraining Order and Motion for Preliminary and Permanent Injunction filed by Mesa Golfland Limited. (Sannes, Joel)
August 26, 2020 Filing 18 Additional Attachments to Main Document re: #13 MOTION for Judicial Notice Proposed Order by Defendant Douglas A Ducey. (Johnson, Brett)
August 25, 2020 Filing 17 NOTICE TO FILER OF DEFICIENCY re: #15 Corporate Disclosure Statement filed by Mesa Golfland Limited. 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. (EJA)
August 24, 2020 Filing 16 NOTICE of Errata re Motion to Dismiss by Defendant Douglas A Ducey.. (Attachments: #1 1)(Johnson, Brett)
August 24, 2020 Filing 15 Corporate Disclosure Statement by Mesa Golfland Limited. (Sannes, Joel)
August 24, 2020 Filing 14 RESPONSE to Motion re: #3 MOTION for Temporary Restraining Order and Motion for Preliminary and Permanent Injunction filed by Douglas A Ducey. (Attachments: #1 Exhibit A-E, #2 Exhibit F-I, #3 Exhibit J-N, #4 Exhibit O-Q)(Johnson, Brett)
August 24, 2020 Filing 13 MOTION for Judicial Notice by Douglas A Ducey. (Attachments: #1 Exhibit Exhibits 1-10, #2 Exhibit Exhibits 11-21, #3 Exhibit Exhibits 22-27, #4 Exhibit Exhibits 28-34)(Johnson, Brett)
August 24, 2020 Filing 12 NOTICE re: Conferral Regarding Motion to Dismiss by Douglas A Ducey . (Johnson, Brett)
August 24, 2020 Filing 11 *MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Douglas A Ducey. (Johnson, Brett). *Modified to correct event type and to add MOTION to Dismiss for Lack of Jurisdiction on 8/25/2020 (EJA).
August 20, 2020 Filing 10 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Status Conference held on 8/20/2020. Discussion held. IT IS ORDERED that Plaintiff's declarations are due to Defendant by no later than 8/21/2020. IT IS FURTHER ORDERED that Defendant's declarations are due to Plaintiff by no later than 8/24/2020. LATER: IT IS FURTHER ORDERED that the parties shall file all declarations with the Court by no later than 8/24/2020 at 5:00 PM. APPEARANCES: Telephonic appearance by Carson Emmons, James Reed and Joel Sannes for Plaintiff. Telephonic appearance by Colin Ahler, Brett Johnson, Ian Joyce and Anni Foster for Defendant. (Court Reporter Elaine Cropper.) Hearing held 10:30 AM to 10:52 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
August 19, 2020 Filing 9 MINUTE ORDER: The Court has received inquiries from the public who wish to listen to the August 28, 2020 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 August 28, 2020 hearing will be permitted. Members of public or 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. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
August 18, 2020 Filing 8 Additional Attachments to Main Document re: 5 Notice of Deficiency (Text Only) by Defendant Douglas A Ducey. (Johnson, Brett)
August 18, 2020 Opinion or Order Filing 7 ORDER: IT IS HEREBY ORDERED that Defendant shall file a Response to the Plaintiff's TRO and PI Application (Doc. #3 ) no later than 5:00 PM on August 24, 2020. Any Reply shall be filed by 5:00 PM on August 26, 2020. IT IS FURTHER ORDERED setting a hearing on the TRO and PI Application (Doc. #3 ) for Friday, August 28, 2020, at 9:00 AM in Courtroom 605, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Up to four counsel for each party may appear in person, but only one counsel and one representative for each party may enter the well and sit at counsel table during the pendency of the hearing. IT IS FURTHER ORDERED setting a Telephonic Status Hearing on August 20, 2020, at 10:30 AM for the purpose of determining in advance whether the parties will seek to introduce testimony and or admit exhibits at the August 28th TRO/PI hearing, or will solely present argument. Chambers will e-mail dial-in instructions to counsel. Signed by Judge John J Tuchi on 8/18/2020. (JAMA)
August 17, 2020 Filing 6 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 Mesa Golfland Limited. (MYE)
August 17, 2020 Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Douglas A Ducey. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit a Supplemental Civil Cover Sheet when filing a new (Removal) case. FOLLOW-UP ACTION REQUIRED: Please file a Supplemental Civil Cover Sheet. 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. (MYE)
August 17, 2020 Filing 4 This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-20-01616-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE)
August 17, 2020 Filing 3 MOTION for Temporary Restraining Order by Mesa Golfland Limited. (Sannes, Joel) (Attachments: #1 Supplement Petition for Issuance of Order to Show Cause)(MYE)
August 17, 2020 Filing 2 DEFENDANT'S DEMAND for Jury Trial by Douglas A Ducey. (Johnson, Brett) (MYE)
August 17, 2020 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2020-094524 (TRO Requested) filed by Douglas A Ducey. (Johnson, Brett) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(MYE)

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Defendant: Douglas A Ducey
Represented By: Ryan James Regula
Represented By: Colin Patrick Ahler
Represented By: Tracy Alice Olson
Represented By: Brett William Johnson
Represented By: Anni Lori Foster
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Defendant: Kathlene Cocca
Represented By: Bradley Lynn Dunn
Represented By: Stephen William Tully
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Defendant: Angela Ducey
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Defendant: Unknown Matson
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Defendant: Eric Matson
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Defendant: Cara Christ
Represented By: Bradley Lynn Dunn
Represented By: Stephen William Tully
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Defendant: John Cocca
Represented By: Bradley Lynn Dunn
Represented By: Stephen William Tully
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Defendant: Jason Christ
Represented By: Bradley Lynn Dunn
Represented By: Stephen William Tully
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Plaintiff: Mesa Golfland Limited
Represented By: Joel Eric Sannes
Represented By: Carson Thomas H Emmons
Represented By: James Bernard Reed
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