Mesa Golfland Limited v. Ducey
| Mesa Golfland Limited |
| Douglas A Ducey, Kathlene Cocca, Angela Ducey, Unknown Matson, Eric Matson, Cara Christ, John Cocca and Jason Christ |
| 2:2020cv01616 |
| August 17, 2020 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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Filing 58
ORDER - IT IS HEREBY ORDERED granting Plaintiff's Notice of Extension of Time to File Responses to All Pending Motions to Dismiss (Doc. #57 ). IT IS FURTHER ORDERED extending the deadline for Plaintiff to file its respective responses to Defendants' Motions to Dismiss (Doc #53 , #55 and #56 ) to December 11, 2020. Signed by Judge John J Tuchi on 12/8/2020. (WLP)
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| Filing 57 First MOTION for Extension of Time to File Responses to All Pending Motions to Dismiss by Mesa Golfland Limited. (Sannes, Joel) |
| Filing 56 MOTION to Dismiss for Failure to State a Claim [DEFENDANTS ERIC AND JANE DOE MATSONS CERTIFICATE OF CONFERRAL REGARDING MOTION TO DISMISS] by Eric Matson, Unknown Matson. (Attachments: #1 Exhibit CERTIFICATE OF CONFERRAL REGARDING MOTION TO DISMISS)(Vigil, Joseph) |
| Filing 55 MOTION to Dismiss for Failure to State a Claim (Oral Argument Requested) by Cara Christ, Jason Christ, John Cocca, Kathlene Cocca. (Attachments: #1 Exhibit A - Certificate of Good Faith Consultation)(Tully, Stephen) |
| Filing 54 NOTICE re: Certification re Conferral re Motion to Dismiss by Douglas A Ducey re: #53 MOTION to Dismiss Case . (Johnson, Brett) |
| Filing 53 MOTION to Dismiss Case by Douglas A Ducey. (Johnson, Brett) |
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Filing 52
ORDER - IT IS HEREBY ORDERED granting the parties' Stipulation for Extension [of] Time for Defendants to File a Responsive Pleading to Plaintiff's First Amended Complaint (Doc. #51 ). IT IS FURTHER ORDERED extending the deadline for all Defendants to file their respective responsive pleadings to Plaintiff's First Amended Complaint (Doc. #37 ) to November 19, 2020. See document for complete details. Signed by Judge John J Tuchi on 11/17/2020. (MHW)
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| Filing 51 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #37 Amended Complaint (First Request) by Cara Christ, Jason Christ, John Cocca, Kathlene Cocca. (Attachments: #1 Text of Proposed Order Ex. A)(Tully, Stephen) |
| Filing 50 SERVICE EXECUTED filed by Mesa Golfland Limited: Acceptance of Service re: Summons and Amended Complaint upon Kathlene Cocca on 10/27/2020. (Sannes, Joel) |
| Filing 49 SERVICE EXECUTED filed by Mesa Golfland Limited: Acceptance of Service re: Summons and Amended Complaint upon John Cocca on 10/27/2020. (Sannes, Joel) |
| Filing 48 SERVICE EXECUTED filed by Mesa Golfland Limited: Acceptance of Service re: Summons and Amended Complaint upon Jason Christ on 10/27/2020. (Sannes, Joel) |
| Filing 47 SERVICE EXECUTED filed by Mesa Golfland Limited: Acceptance of Service re: Summons and Amended Complaint upon Cara Christ on 10/27/2020. (Sannes, Joel) |
| Filing 46 NOTICE of Appearance by Stephen William Tully on behalf of Cara Christ, Jason Christ, John Cocca, Kathlene Cocca. (Tully, Stephen) |
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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)
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| 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) |
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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)
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| 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) |
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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)
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| 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. |
| 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) |
| 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) |
| Filing 37 AMENDED COMPLAINT Plaintiff's First Amended Complaint against All Defendants filed by Mesa Golfland Limited.(Sannes, Joel) |
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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)
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| 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) |
| 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) |
| Filing 33 STATUS REPORT Plaintiff re ADHS Attestation by Mesa Golfland Limited. (Sannes, Joel) |
| 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) |
| Filing 31 Defendant Witness List. (GMP) |
| Filing 30 Defendant Exhibit List (GMP) |
| Filing 29 Plaintiff Witness List. (GMP) |
| Filing 28 Plaintiff Exhibit List (GMP) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| Filing 22 STATEMENT of Joint Discovery Dispute Summary by Defendant Douglas A Ducey. (Johnson, Brett) |
| 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). |
| 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) |
| 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) |
| Filing 18 Additional Attachments to Main Document re: #13 MOTION for Judicial Notice Proposed Order by Defendant Douglas A Ducey. (Johnson, Brett) |
| 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) |
| Filing 16 NOTICE of Errata re Motion to Dismiss by Defendant Douglas A Ducey.. (Attachments: #1 1)(Johnson, Brett) |
| Filing 15 Corporate Disclosure Statement by Mesa Golfland Limited. (Sannes, Joel) |
| 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) |
| 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) |
| Filing 12 NOTICE re: Conferral Regarding Motion to Dismiss by Douglas A Ducey . (Johnson, Brett) |
| 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). |
| 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) |
| 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) |
| Filing 8 Additional Attachments to Main Document re: 5 Notice of Deficiency (Text Only) by Defendant Douglas A Ducey. (Johnson, Brett) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 2 DEFENDANT'S DEMAND for Jury Trial by Douglas A Ducey. (Johnson, Brett) (MYE) |
| 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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