Quantum Fluids LLC v. Kleen Concepts LLC
| Quantum Fluids LLC |
| Kleen Concepts LLC |
| 2:2020cv02287 |
| November 24, 2020 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 6, 2022. A more recent docket listing may be available from PACER.
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| Filing 26 REPLY to Response to Motion re: #19 MOTION to Stay Arbitration Proceedings filed by Quantum Fluids LLC. (Attachments: #1 Appendix ISO Motion to Stay Arbitration)(Yanaros, Valerie) |
Filing 25
ORDER: Pursuant to LRCiv 7.2(e)(2), "a reply including its supporting memorandum may not exceed eleven (11) pages, exclusive of attachments." Plaintiff's reply in support its motion to stay arbitration proceedings (Doc. #24 ) exceeds the 11-page limit by 8 pages. Accordingly, IT IS ORDERED that Plaintiff's reply is struck for failure to comply with LRCiv 7.2(e)(2). Plaintiff may file a reply, not to exceed 11 pages, by January 15, 2021. Ordered by Judge Dominic W Lanza on 1/13/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 24 *STRICKEN by Doc. 25 * REPLY to Response to Motion re: #19 MOTION to Stay Arbitration Proceedings filed by Quantum Fluids LLC. (Attachments: #1 Appendix)(Yanaros, Valerie) Modified on 1/13/2021 (MAW). |
| Filing 23 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC MOTION HEARING proceedings held on 12/04/2020, before Judge DOMINIC W. LANZA. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. 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 1/25/2021. Redacted Transcript Deadline set for 2/4/2021. Release of Transcript Restriction set for 4/5/2021. (RAP) |
| Filing 22 RESPONSE in Opposition re: #19 MOTION to Stay Arbitration Proceedings filed by Kleen Concepts LLC. (Wolf, Jeffrey) |
| Filing 21 TRANSCRIPT REQUEST by Quantum Fluids LLC for proceedings held on 12/4/20, Judge Dominic W Lanza hearing judge(s). (Yanaros, Valerie) |
| Filing 20 REPLY to Response to Motion re: #8 MOTION to Compel Mediaton and to Dismiss Complaint MOTION to Dismiss Case filed by Kleen Concepts LLC. (Wolf, Jeffrey) |
| Filing 19 * MOTION to Stay Arbitration Proceedings by Quantum Fluids LLC. (Attachments: #1 Exhibit, #2 Proposed Order)(Yanaros, Valerie) * Modified to remove ex parte designation on 12/21/2020 (LAD). |
| Filing 18 * RESPONSE in Opposition re: #8 MOTION to Compel Mediaton and to Dismiss Complaint MOTION to Dismiss Case filed by Quantum Fluids LLC. (Attachments: #1 Appendix)(Yanaros, Valerie) * Modified to reflect incorrect document title; attorney noticed on 12/18/2020 (LAD). |
| Filing 17 Corporate Disclosure Statement by Kleen Concepts LLC. (Wolf, Jeffrey) |
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Filing 16
ORDER: On November 30, 2020, Defendant filed a motion to compel arbitration and dismiss this action. (Doc. #8 .) The deadline to respond has expired and no response has been filed. Under LRCiv 7.2, the Court may interpret the lack of a response as consent that the motion may be summarily granted. The Court suspects this is the case in light of the parties' comments during the December 4, 2020 TRO hearing, which suggested that both parties are agreeable to arbitration. Thus, unless Plaintiff files an opposition to the pending motion by the close of business on December 17, 2020, the motion will be summarily granted on December 18, 2020. Ordered by Judge Dominic W Lanza on 12/16/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 15 NOTICE TO PARTY OF DEFICIENCY 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 Kleen Concepts LLC. (MAW) |
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Filing 14
PRELIMINARY ORDER [see attached Order for details]. Signed by Judge Dominic W Lanza on 12/7/20. (MAW)
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| Filing 13 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Motion Hearing held on 12/4/2020 re: Plaintiff's Motion for Temporary Restraining Order (Doc. #2 ). Argument held. For the reasons as stated on the record, IT IS ORDERED denying Plaintiff's Motion. Regarding the chemicals that are subject to this lawsuit, Defendant is directed to give notice to Plaintiff at least 72 hours prior to destroying the chemicals. APPEARANCES: Plaintiff's counsel Valerie Yanaros and Melanie Finch with Plaintiff representatives Kendal Potesta and Jonathan Warner (all appearing telephonically). Defense counsel Jeffrey Wolf and Rodney Ott (both appearing telephonically). (Court Reporter Candy Potter) Hearing held 2:01 PM to 2:51 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
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Filing 12
ORDER: Telephonic Motion Hearing set for 12/4/2020 at 02:00PM (Arizona time) before Judge Dominic W Lanza as to #2 MOTION for Temporary Restraining Order. Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones are not permitted. Ordered by Judge Dominic W Lanza on 12/4/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 11 *AMENDED COMPLAINT against Kleen Concepts LLC filed by Quantum Fluids LLC. (Attachments: #1 Exhibit Exhibits A, B, and C)(Yanaros, Valerie) *Modified to temporarily seal exhibits A, B, and C pending the filing of a motion to seal on 12/4/2020 (SLQ). |
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Filing 10
ORDER: On November 25, 2020, the Court issued an order explaining that Plaintiff's complaint does not properly allege the existence of subject matter jurisdiction. (Doc. #6 .) The order further noted that, in the absence of jurisdiction, the Court cannot rule on Plaintiff's motion for a no-notice temporary restraining order ("TRO"). (Id. at 2.) Since the issuance of that order, Defendant has become aware of this action, has filed a motion to compel mediation and arbitration (Doc. #8 ), and has filed an opposition to Plaintiff's no-notice TRO request (Doc. #9 ). However, Plaintiff still has not filed an amended complaint containing allegations sufficient to establish subject matter jurisdiction. Thus, the Court remains without authority to take action. The Court will simply take this opportunity to encourage the parties to meet and confer before taking future action, particularly in light of Defendant's contention that Plaintiff's claims are subject to mediation and arbitration. Ordered by Judge Dominic W Lanza on 12/1/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 9 RESPONSE in Opposition re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kleen Concepts LLC. (Attachments: #1 Supplement Declaration of Russell, #2 Exhibit Exhibits 1 - 22)(Wolf, Jeffrey) |
| Filing 8 * MOTION to Compel Mediaton and to Dismiss Complaint by Kleen Concepts LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Wolf, Jeffrey). * Added MOTION to Dismiss Case (Complaint); attorney noticed on 12/1/2020 (LAD). |
| Filing 7 NOTICE of Appearance by Jeffrey Harris Wolf on behalf of Kleen Concepts LLC. (Wolf, Jeffrey) |
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Filing 6
ORDER that as soon as possible, and no later than two weeks of the date of this order, Plaintiff shall file an amended complaint properly alleging the citizenship of each party. IT IS FURTHER ORDERED that if Plaintiff fails to timely file an amended complaint, the Clerk of the Court shall dismiss this case, without prejudice, for lack of subject matter jurisdiction. Signed by Judge Dominic W. Lanza on 11/25/2020. (ESG)
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| Remark: Pro hac vice motion(s) granted for Valerie Yanaros on behalf of Plaintiff Quantum Fluids LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 5 Filing fee paid, receipt number 0970-18917406. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-20-2287-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) |
| Filing 4 Corporate Disclosure Statement by Quantum Fluids LLC. (Yanaros, Valerie) (MYE) |
| Filing 3 DECLARATION of Jonathan Warner by Plaintiff Quantum Fluids LLC. (Yanaros, Valerie) (MYE) |
| Filing 2 MOTION for Temporary Restraining Order (Without Notice) and MOTION for Preliminary Injunction by Quantum Fluids LLC. (Yanaros, Valerie) (Attachments: #1 Exhibit, #2 Text of Proposed Order)(MYE) |
| Filing 1 COMPLAINT (TRO Requested). Filing fee received: $ 400.00, receipt number 0970-18917406 filed by Quantum Fluids LLC. (Yanaros, Valerie) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(MYE) |
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| Plaintiff: Quantum Fluids LLC | |
| Represented By: | Valerie Yanaros |
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| Defendant: Kleen Concepts LLC | |
| Represented By: | Jeffrey Harris Wolf |
| Represented By: | Lukas Mark Landolt |
| Represented By: | Rodney Wayne Ott |
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