San Luis, City of v. Nels Timothy Rogers and Martha Ruth Rogers Joint Revocable Trust Dated June 19, 1997 et al
| San Luis, City of |
| United States Internal Revenue Service, East San Luis Community Facilities District, Unknown Parties, Nels Timothy Rogers and Martha Ruth Rogers Joint Revocable Trust Dated June 19, 1997 and Yuma, County of |
| 2:2020cv01769 |
| September 10, 2020 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1442 |
| None |
Docket Report
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This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 18 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Conference held on 10/29/2020. Discussion held re: status of case. IT IS ORDERED Telephonic Status Conference set for 1/7/2021 at 01:30 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. APPEARANCES: Telephonic appearance by Kristin Mackin for Plaintiff. Telephonic appearance by Barry Olsen and Emory Hurley for Defendants. (Court Reporter Elaine Cropper.) Hearing held 10:02 AM to 10:09 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 17 MINUTE ORDER: Telephonic Hearing re: status of the case is set for October 29, 2020 at 10:00 AM (Arizona time) in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Chambers will e-mail call-in information to counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
Filing 16
AMENDED ORDER granting #15 Stipulation for Amended Order: The Order to Show Cause Hearing set for 9:30 AM on 10/9/20 is vacated. The Court finds that $1,178.55 be made available for immediate withdrawal by Defendant Yuma County for payment of 2019 and 2020 taxes owed. The Court finds that Plaintiff is entitled to take immediate possession of the subject property. See Order for further details. Signed by Judge John J Tuchi on 10/7/20. (DXD)
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| Filing 15 STIPULATION re: #9 Order on Stipulation, #10 Order on Motion for Hearing Amended Order for Immediate Possession and to Vacate October 9 Order to Show Cause Hearing by San Luis, City of. (Attachments: #1 Text of Proposed Order Amended Order for Immediate Possession)(Mackin, Kristin) |
| Filing 14 TRIAL BRIEF by San Luis, City of. (Mackin, Kristin) |
| Filing 13 Witness List by Nels Timothy Rogers and Martha Ruth Rogers Joint Revocable Trust Dated June 19, 1997. (Olsen, Barry) |
| Filing 12 NOTICE re: Notice of No Witnesses by United States Internal Revenue Service . (Hurley, Emory) |
| Filing 11 Witness List by San Luis, City of. (Mackin, Kristin) |
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Filing 10
ORDER: IT IS ORDERED granting Plaintiff's Motion for Hearing or Conference re: Application for Order to Show Cause for Order of Immediate Possession (Doc. #6 ). IT IS FURTHER ORDERED vacating the telephonic hearing set for 8:00 AM on October 1, 2020 and resetting it to October 9, 2020, at 9:30 AM (Arizona time), in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Chambers will e-mail dial-in instructions to counsel for themselves and to provide to witnesses. The parties shall file by no later than Noon on October 5, 2020, the names of their witnesses and approximately how long they anticipate each will be testifying. (See attached Order). Signed by Judge John J Tuchi on 9/29/2020. (JAMA)
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Filing 9
**Amended by Order Doc. #16 ** ORDER granting #5 Stipulation for Order for Immediate Possession by Defendants Internal Revenue Service and Yuma County. See Order specific details. Signed by Judge John J Tuchi on 9/25/20. (DXD) Modified on 10/7/2020 (DXD).
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| Filing 8 MINUTE ORDER: Telephonic Motion Hearing re: Motion for Expedited Hearing on Plaintiffs' Pending Application for Order to Show Cause for Order of Immediate Possession (Doc. #6 ) is set for October 1, 2020 at 8:00 AM (Arizona time) in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Chambers will e-mail counsel call-in information. No party is to appear in person. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 7 NOTICE TO FILER OF DEFICIENCY re: #6 MOTION for Hearing or Conference, #5 Stipulation. Documents not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 6 MOTION for Hearing or Conference re: Application for Order to Show Cause for Immediate Possession by San Luis, City of. (Attachments: #1 Text of Proposed Order)(Mackin, Kristin) |
| Filing 5 STIPULATION by Defendants Internal Revenue Service and Yuma County for Immediate Possession by San Luis, City of. (Attachments: #1 Text of Proposed Order)(Mackin, Kristin) |
| Filing 4 ANSWER to #1 Notice of Removal (Complaint in Condemnation) by United States Internal Revenue Service.(Hurley, Emory) |
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Filing 3
ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. (See attached Order). Signed by Judge John J Tuchi on 9/11/2020. (JAMA)
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| Filing 2 This case has been assigned to the Honorable John J. Tuchi. All future pleadings or documents should bear the correct case number: CV-20-01769-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 1 NOTICE OF REMOVAL from Yuma County Superior Court, case number S1400CV2020-00416 filed by United States Internal Revenue Service. (submitted by Emory Hurley) (Attachments: #1 Verification, #2 Exhibit A, #3 Civil Cover Sheet, #4 Supplemental Cover Sheet) (REK) |
| ***State Court record received on 9/10/2020***SERVICE EXECUTED filed by San Luis, City of: Affidavit of Service of Certified Mail re: Summons, Complaint, Lis Pendens, Application for Order to Show Cause, and Order to Show Cause upon U.S. Attorney's Office, District of Arizona on 8/17/2020, Internal Revenue Service (Phoenix Office) on 8/14/2020, and U.S. Department of Justice on 8/17/2020.***Affidavit of Service of Certified Mail filed in State Court on 9/02/2020, docketed in U.S. District Court on 9/10/2020 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| ***State Court record received on 9/10/2020***SERVICE EXECUTED filed by San Luis, City of: Certificate of Services re: Summons, Complaint in Condemnation, Application for Order to Show Cause, and Order to Show Cause upon Martha Ruth Rogers (as Co-Trustee of the Nels Timothy Rogers and Martha Ruth Rogers Joint Revocable Trust Dated June 19, 1997) and Nels Timothy Rogers (as Co-Trustee of the Nels Timothy Rogers and Martha Ruth Rogers Joint Revocable Trust Dated June 19, 1997) via Martha Ruth Rogers on 8/13/2020.***Certificates of Service of Private Process Server filed in State Court on 8/13/2020, docketed in U.S. District Court on 9/10/2020 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| ***State Court record received on 9/10/2020***SERVICE EXECUTED filed by San Luis, City of: Rule 4 Waiver of Service of Summons. Waiver sent on 8/12/2020 to East San Luis Community Facilities District and Yuma County.***Waivers of Service of Summons filed in State Court on 8/14/2020, docketed in U.S. District Court on 9/10/2020 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| ***State Court record received on 9/10/2020***ANSWER to Complaint re: #1 Notice of Removal by Nels Timothy Rogers and Martha Ruth Rogers Joint Revocable Trust Dated June 19, 1997.***filed in State Court on 9/08/2020, docketed in U.S. District Court on 9/10/2020 for case management purposes.***(REK) |
| ***State Court record received on 9/10/2020***SERVICE EXECUTED filed by San Luis, City of: Certificates of Service re: Summons, Complaint in Condemnation, Exhibit A-B, Application for Order to Show Cause, and Order to Show Cause upon Nels Timothy Rogers (as Co-Trustee of the Nels Timothy Rogers and Martha Ruth Rogers Joint Revocable Trust Dated June 19, 1997) and Martha Ruth Rogers (as Co-Trustee of the Nels Timothy Rogers and Martha Ruth Rogers Joint Revocable Trust Dated June 19, 1997) on 9/02/2020.***Certificates of Service filed in State Court on 9/03/2020, docketed in U.S. District Court on 9/10/2020 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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