Freedom Mortgage Corporation v. Nguyen et al
| Freedom Mortgage Corporation |
| Network Capital Funding Corporation, Unknown Parties and Huynh Nguyen |
| 2:2020cv01774 |
| September 11, 2020 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on November 3, 2020. A more recent docket listing may be available from PACER.
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| Filing 32 REPLY to Response to Motion re: #26 MOTION to Dismiss Counts/Claims : First and Third Causes of Action filed by Network Capital Funding Corporation, Huynh Nguyen. (Attachments: #1 Declaration of Sarina Saluja)(Saluja, Sarina) |
| Filing 31 RESPONSE to Motion re: #26 MOTION to Dismiss Counts/Claims : First and Third Causes of Action filed by Freedom Mortgage Corporation. (Attachments: #1 Exhibit Exhibit A)(King, Kathryn) |
| Filing 30 NOTICE of Service of Discovery filed by Freedom Mortgage Corporation. (King, Kathryn) |
| Remark: Pro hac vice motion(s) granted for David Jeffrey Woolf on behalf of Plaintiff Freedom Mortgage Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC MOTION HEARING proceedings held on 10/09/2020, before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. 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 11/9/2020. Redacted Transcript Deadline set for 11/19/2020. Release of Transcript Restriction set for 1/19/2021. (RAP) |
| Filing 28 REPLY to Response to Motion re: #16 MOTION for Preliminary Injunction and Evidentiary Objections to Defendants' Declarations filed by Freedom Mortgage Corporation. (King, Kathryn) |
| Filing 27 TRANSCRIPT REQUEST by Freedom Mortgage Corporation for proceedings held on 10/09/2020, Judge John J Tuchi hearing judge(s). (King, Kathryn) |
| Filing 26 MOTION to Dismiss Counts/Claims : First and Third Causes of Action by Network Capital Funding Corporation, Huynh Nguyen. (Attachments: #1 Memorandum of Points and Authorities ISO Defendant Huynh Nguyen And Network Capital Funding Corporations Motion To Dismiss Plaintiffs First and Third Causes Of Action Pursuant To Fed. R. Civ. P. 12(B)(6), #2 Declaration of Sarina Saluja ISO Defendants Network Capital Funding Corporation And Huynh Nguyens Notice Of Motion And Motion To Dismiss The First And Third Causes Of Action Of Plaintiffs First Amended Complaint Pursuant To Fed. R. Civ. P. 12(B)(6), #3 Proposed Order)(Saluja, Sarina) |
| Remark: Pro hac vice motion(s) granted for Lonnie D Giamela on behalf of Defendants Network Capital Funding Corporation, Huynh Nguyen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 25
ORDER granting in part and denying in part Plaintiff's Motion for Leave to Conduct Expedited Discovery (Doc. #17 ) as follows (see order for details). Signed by Judge John J. Tuchi on 10/9/20. (NKS)
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| Filing 24 MINUTE ENTRY for proceedings held before Judge John J. Tuchi: Telephonic Motion Hearing held on 10/9/2020. Counsel for plaintiff, Matthew Fontana having satisfied the requirements of his pro hac vice, and said application having been granted, IT IS ORDERED denying as moot the #21 Motion for Leave to Appear at Hearing before Pro Hac Vice. Discussion held re: Plaintiff's Motion to Expedite Discovery. IT IS ORDERED granting in part and denying in part Plaintiff's #17 Motion to Expedite Discovery. Specific order to follow. APPEARANCES: Telephonic appearance by Matthew Fontana and Kathryn King for Plaintiff. Telephonic appearance by Sarina Saluja for Defendants (Court Reporter Elaine Cropper) Hearing held 11:31 AM to 12:05 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) |
| Remark: Pro hac vice motion(s) granted for Matthew A Fontana on behalf of Plaintiff Freedom Mortgage Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 23 RESPONSE in Opposition re: #16 MOTION for Preliminary Injunction filed by Network Capital Funding Corporation, Huynh Nguyen. (Attachments: #1 Declaration of Huynh Nguyen ISO Opposition, #2 Declaration of Beth Landry ISO Opposition, #3 Declaration of Ann Giordano ISO Opposition, #4 Proposed Order Denying Motion for Preliminary Injunction, #5 Evidentiary Ojbections to the Declaration of Jaime Hawk-Maggert, #6 [Proposed] Order on Defendants Evidentiary Ojbections to the Declaration of Jaime Hawk-Maggert, #7 Defendants Evidentiary Ojbections to the Declaration of Kevin Kelly, #8 [Proposed] Order on Defendants Evidentiary Ojbections to the Declaration of Kevin Kelly)(Saluja, Sarina) |
| Filing 22 RESPONSE in Opposition re: #17 MOTION to Expedite Discovery filed by Network Capital Funding Corporation, Huynh Nguyen. (Attachments: #1 Proposed Order)(Saluja, Sarina) |
| Filing 21 MOTION for Leave to Appear At hearing before Pro Hac Vice for Matthew Fontana by Freedom Mortgage Corporation. (Attachments: #1 Text of Proposed Order)(King, Kathryn) |
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Filing 20
ORDER: IT IS ORDERED expediting the deadline for Defendants to file a Response to Plaintiff's Motion for Leave to Conduct Expedited Discovery (Doc. #17 ). IT IS FURTHER ORDERED that Defendants shall respond to Plaintiff's Motion for Leave to Conduct Expedited Discovery no later than 4:00 PM on October 8, 2020. IT IS FURTHER ORDERED that Plaintiffs shall deliver a copy of this Order to Defendants by 12:00 noon (Arizona time) today, October 7, 2020. IT IS FURTHER ORDERED setting a telephonic hearing on the Motion for Leave to Conduct Expedited Discovery (Doc. #17 ) for Friday, October 9, 2020, at 11:30 AM in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Chambers will e-mail dial-in instructions to counsel. (See attached Order). Signed by Judge John J Tuchi on 10/7/2020. (JAMA)
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| Remark: Pro hac vice motion(s) granted for Sarina Saluja on behalf of Defendants Network Capital Funding Corporation, Huynh Nguyen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 19
ORDER: IT IS HEREBY ORDERED expediting the deadline for Defendants to file a Response to Plaintiff's Motion for Leave to Conduct Expedited Discovery (Doc. #17 ). IT IS FURTHER ORDERED that Defendants shall respond to Plaintiff's Motion for Leave to Conduct Expedited Discovery no later than 2:00 PM on October 6, 2020. Signed by Judge John J Tuchi on 10/2/2020. (JAMA)
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| Filing 18 SERVICE EXECUTED filed by Freedom Mortgage Corporation: Affidavit of Service re: Summons, Complaint, Corporate Disclosure Statement, Notice of Availability of Magistrate Judge, Order (Dkt 6), Notice of Errata, Amended Complaint upon Huynh Nguyen on 9/25/2020. (King, Kathryn) |
| Filing 17 MOTION to Expedite Discovery by Freedom Mortgage Corporation. (Attachments: #1 Text of Proposed Order Proposed Order for Expedited Discovery, #2 Text of Proposed Order Proposed Order for Motion to Shorten Response)(King, Kathryn) |
| Filing 16 MOTION for Preliminary Injunction by Freedom Mortgage Corporation. (Attachments: #1 Exhibit Exhibits A-D, #2 Text of Proposed Order Proposed Order)(King, Kathryn) |
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Filing 15
ORDER - IT IS HEREBY ORDERED - granting Plaintiff's Motion to Extend Time to Submit Pro Hac Vice Applications for David J. Woolf and Matthew A. Fontana (Doc. #12 ). The deadline to file pro hac vice applications for non-resident attorneys David J. Woolf and Matthew A. Fontana is extended to October 21, 2020. Signed by Judge John J Tuchi on 9/24/20. (SLQ)
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| Filing 14 SERVICE EXECUTED filed by Freedom Mortgage Corporation: Proof of Service re: Summons, Complaint, Corporate Disclosure Statement, Notice of Availability of Magistrate Judge, Order (Dkt 6), Notice of Errata, Amended Complaint upon Network Capital Funding Corporation on 09/21/2020. (King, Kathryn) |
| Filing 13 NOTICE TO FILER OF DEFICIENCY re: #12 MOTION for Extension of Time to Submit Pro Hac Vice Applications for David J. Woolf and Matthew A. Fontana filed by Freedom Mortgage Corporation. 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. (SLQ) |
| Filing 12 MOTION for Extension of Time to Submit Pro Hac Vice Applications for David J. Woolf and Matthew A. Fontana by Freedom Mortgage Corporation. (Attachments: #1 [Proposed] Order)(Forsyth, Katrina) |
| Remark: Pro hac vice motion(s) granted for Katrina Walasik Forsyth on behalf of Plaintiff Freedom Mortgage Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 11 Summons Issued as to Network Capital Funding Corporation. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 10 SUMMONS Submitted by Freedom Mortgage Corporation. (King, Kathryn) |
| Filing 9 AMENDED COMPLAINT for Damages and Injunctive Relief against Freedom Mortgage Corporation filed by Freedom Mortgage Corporation.(King, Kathryn) |
| Filing 8 NOTICE of Errata re: #1 Complaint by Plaintiff Freedom Mortgage Corporation.. (King, Kathryn) |
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Filing 7
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 12, 2020. (See attached Order). Signed by Judge John J Tuchi on 9/15/2020. (JAMA)
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Filing 6
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. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 9/15/2020. (JAMA)
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| Filing 5 Summons Issued as to Huynh Nguyen. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 SUMMONS Submitted by Freedom Mortgage Corporation. (King, Kathryn) |
| Filing 3 Filing fee paid, receipt number 0970-18658516. This case has been assigned to the Honorable John J. Tuchi. All future pleadings or documents should bear the correct case number: CV-20-01774-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 2 Corporate Disclosure Statement by Freedom Mortgage Corporation. (submitted by Kathryn King) (REK) |
| Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-18658516 filed by Freedom Mortgage Corporation. (submitted by Kathryn King) (Attachments: #1 Civil Cover Sheet) (REK) |
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