Van Kirk et al v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO et al
| Michael Van Kirk, Gary Bailey and Michael Kersztyn |
| Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO and Aaron Butler |
| 2:2020cv01961 |
| October 8, 2020 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| Labor: Other |
| 28 U.S.C. § 2201 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 22
ORDER - The parties' joint motion is hereby GRANTED, dismissing without prejudice Plaintiffs' First Claim for Relief as against Defendant Butler only. FURTHER ORDERED that dismissal of this claim as against Defendant Butler shall have no effect of any kind on any other claim or defense currently pending or hereafter asserted in this case. Signed by Judge Susan M Brnovich on 12/1/20. (EJA)
|
| Filing 21 STIPULATION Dismissal of Plaintiffs First Claim for Relief as Against Defendant Aaron Butler by Michael Van Kirk. (Attachments: #1 Exhibit)(Walker, Richard) |
| Filing 20 MOTION to Dismiss Counts/Claims : Count Three by Aaron Butler, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO. (Attachments: #1 Affidavit Declaration of Gerald Barrett, #2 Affidavit Certification of Conferral Pursuant to Order dated October 14, 2020, Doc. 9)(Barrett, Gerald) |
|
Filing 19
ORDER approving the withdrawal of Gerald Barrett as counsel for Defendant Aaron Butler. Signed by Judge Susan M Brnovich on 11/18/20. (EJA)
|
| Filing 18 MOTION to Withdraw as Attorney for Defendant Aaron Butler by Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO. (Attachments: #1 Text of Proposed Order)(Barrett, Gerald) |
| Remark: Pro hac vice motion(s) granted for Jeffrey L Cutler on behalf of Defendant Aaron Butler. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Elizabeth Rosenfeld on behalf of Defendant Aaron Butler. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
|
Filing 17
ORDER - IT IS HEREBY ORDERED that the Motion is GRANTED. Defendants shall have until November 24, 2020 to file their answer or otherwise respond to the complaint. Signed by Judge Susan M Brnovich on 10/29/2020. (WLP)
|
| Filing 16 *First MOTION for Extension of Time For Defendants to File Their Answers by Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO, Aaron Butler. (Attachments: #1 Text of Proposed Order)(Barrett, Gerald) *Modified to add filer on 10/29/2020 (WLP). |
| Filing 15 *SERVICE EXECUTED filed by Michael Van Kirk: Proof of Service re: Complaint, Summons, Civil Case Cover Sheet, Application for Leave to Assert and Prosecute Breach of Fiduciary Duty Claim upon Aaron Butler on October 15, 2020. (Walker, Richard) *Modified text on 10/27/2020 (EJA). |
| Filing 14 *SERVICE EXECUTED filed by Michael Van Kirk: Proof of Service re: Complaint, Summons, Civil Case Cover Sheet, Application for Leave to Assert and Prosecute Breach of Fiduciary Duty Claim upon Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO on October 12, 2020. (Walker, Richard) *Modified text on 10/27/2020 (EJA). |
|
Filing 13
ORDER granting the Joint #7 Motion for Date for Defendants' Response to Application. Any defendant subject to Plaintiffs' Verified Application for Leave to Assert and Prosecute Breach of Fiduciary Duty Claim Pursuant to 29 U.S.C. 501(b), Doc. #2 , shall be afforded the opportunity to be heard and may file a written opposition on or before Friday, October 23, 2020. Signed by Judge Susan M. Brnovich on 10/15/2020. (ESG)
|
| Filing 12 NOTICE TO FILER OF DEFICIENCY re: 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 11 *NOTICE re: Notice of Service of Order (Doc. 9) on Defendants' Counsel by Michael Van Kirk, Gary Bailey and Michael Kersztyn . (Walker, Richard) *Modified to add filers on 10/15/2020 (EJA). |
|
Filing 10
ORDER 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 January 6, 2021. Signed by Judge Susan M. Brnovich on 10/13/2020. (ESG)
|
|
Filing 9
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 10/13/2020. (ESG)
|
|
Filing 8
ORDER Any motions, responses or replies filed for which a courtesy copy is not delivered to the Court, as required, will be stricken and not considered. Signed by Judge Susan M. Brnovich on 10/13/2020. (ESG)
|
| Filing 7 First MOTION to Continue Date for response to application by Aaron Butler. (Attachments: #1 Text of Proposed Order)(Barrett, Gerald) |
| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #2 Affidavit filed by Michael Van Kirk, Gary Bailey, Michael Kersztyn, #1 Complaint filed by Michael Van Kirk, Gary Bailey, Michael Kersztyn. 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. (REK) |
| Filing 5 Summons Issued as to Aaron Butler, Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO. (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 4 Filing fee paid, receipt number 0970-18756905. This case has been assigned to the Honorable Susan M. Brnovich. All future pleadings or documents should bear the correct case number: CV-20-01961-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 3 SUMMONS Submitted by Gary Bailey, Michael Kersztyn, Michael Van Kirk. (submitted by Richard Walker) (Attachments: #1 Summons)(REK) |
| Filing 2 AFFIDAVIT (Titled: Verified Application for Leave to Assert and Prosecute Breach of Fiduciary Duty Claim Pursuant to 29 U.S.C. 501(b)) re: #1 Complaint by Plaintiffs Gary Bailey, Michael Kersztyn, Michael Van Kirk. (submitted by Richard Walker) (REK) |
| Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-18756905 filed by Michael Van Kirk, Gary Bailey, Michael Kersztyn. (submitted by Richard Walker) (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (REK) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arizona District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Van Kirk et al v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO et al | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Michael Van Kirk | |
| Represented By: | Richard K Walker |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Gary Bailey | |
| Represented By: | Richard K Walker |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Michael Kersztyn | |
| Represented By: | Richard K Walker |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO | |
| Represented By: | Gerald Barrett |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Aaron Butler | |
| Represented By: | Gerald Barrett |
| Represented By: | Jeffrey L Cutler |
| Represented By: | Elizabeth Rosenfeld |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
