McMillan v. Lavigne et al
Plaintiff: Peter A McMillan
Defendant: Cheri A Oz, Travis E Lavigne and United States of America
Cross Defendant: Kwan Piensook
Case Number: 2:2020cv02397
Filed: December 10, 2020
Court: US District Court for the District of Arizona
Presiding Judge: John J Tuchi
Nature of Suit: Other Statutes: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 5, 2021 Filing 31 RESPONSE to Motion re: #21 MOTION to Dismiss for Lack of Jurisdiction and Omnibus Response In Support of Its Motion to Dismiss filed by United States of America. (Piensook, Kwan)
January 27, 2021 Filing 30 REPLY to #27 Response re: #23 Motion for Criminal Referral by Plaintiff Peter A McMillan. (SLQ) (3 pages).
January 27, 2021 Filing 29 REPLY to re: #28 Response to #24 Crossclaim by Plaintiff Peter A McMillan. (SLQ) (6 pages).
January 25, 2021 Filing 28 * RESPONSE to Counterclaim Doc. #24 by Defendant United States of America. (Piensook, Kwan) * Modified to add document linkage on 1/26/2021 (LAD).
January 25, 2021 Filing 27 RESPONSE re: #23 Notice (Other) by Defendant United States of America. (Piensook, Kwan)
January 21, 2021 Filing 26 MOTION to Compel by Peter A McMillan. (LAD) (18 pages. Same PDF as #25 , redocketed to reflect motion filing).
January 21, 2021 Filing 25 RESPONSE to #21 MOTION to Dismiss for Lack of Jurisdiction and Omnibus Response filed by Peter A McMillan. (LAD) (18 pages)
January 11, 2021 Filing 24 CROSSCLAIM against Kwan Piensook filed by Peter A McMillan. (LAD) (47 pages, entitled Counterclaim to Notice of Removal)
January 11, 2021 Filing 23 NOTICE by Peter A McMillan. (LAD) (38 pages, entitled Motion for Criminal Referral)
January 11, 2021 Filing 22 NOTICE re: WARNING TO UNREPRESENTED LITIGANT by United States of America . (Piensook, Kwan)
January 11, 2021 Filing 21 * MOTION to Dismiss for Lack of Jurisdiction and Omnibus RESPONSE to #11 Motion and filings #10 , #12 and #13 by United States of America. (Attachments: #1 Exhibit 1-4)(Piensook, Kwan) * Modified to correct event; attorney noticed on 1/12/2021 (LAD).
December 23, 2020 Opinion or Order Filing 19 ORDER - IT IS HEREBY ORDERED granting the Motion for Extension of Time (Doc. #8 ) filed by Defendant United States of America and the United States; Motion to Consolidate Responses to Plaintiff's Filings (Doc. #16 ). IT IS FURTHER ORDERED extending the deadline for the United States to file an Answer or otherwise respond to Plaintiff's Complaint (Doc. #1 -2) and Omnibus Response to Plaintiff's filings, Docs. #10 , #11 , #12 , and #13 , in this matter until January 11, 2021. Signed by Judge John J Tuchi on 12/22/2020. (LAD)
December 22, 2020 Filing 20 REPLY to Response to #9 MOTION for Entry of Default as to Defendants filed by Peter A McMillan. (LAD) (9 pages)
December 21, 2020 Filing 18 SUPPLEMENT/AMENDMENT to All Pleadings by Plaintiff re: Libel Per Se Burden of Proof re: #14 Notice (Other), #11 MOTION to Dismiss for Lack of Jurisdiction MOTION for Sanctions MOTION for Hearing or Conference, #13 Response to Motion, #12 Response, #10 Response, #9 MOTION for Entry of Default as to Defendants, #15 MOTION to Amend/Correct by Plaintiff Peter A McMillan. (LAD) (3 pages)
December 21, 2020 Filing 17 * RESPONSE IN OPPOSITION TO PLAINTIFF'S #9 MOTION/APPLICATION FOR DEFAULT by Defendant United States of America. (Piensook, Kwan) * Modified to add document linkage on 12/22/2020 (LAD).
December 21, 2020 Filing 16 MOTION for Extension of Time UNITED STATES' TO CONSOLIDATE RESPONSES TO PLAINTIFF'S FILINGS by United States of America. (Attachments: #1 Text of Proposed Order)(Piensook, Kwan)
December 17, 2020 Filing 15 MOTION for Amendment to All Responsive Pleadings by Plaintiff re: Notice to the United States by Peter A McMillan. (LAD) (42 pages)
December 16, 2020 Filing 14 NOTICE of Filing in the Superior Court of Arizona in Maricopa by Peter A McMillan. (Part 1) (Attachments: #1 Part 2)(LAD) (62 pages)
December 15, 2020 Filing 13 RESPONSE to #8 First MOTION for Extension of Time to File Answer filed by Peter A McMillan. (LAD) (8 pages, same PDF as #12 )
December 15, 2020 Filing 12 RESPONSE re: #6 Notice of Substitution of the United States by Plaintiff Peter A McMillan. (LAD) (8 pages)
December 14, 2020 Filing 11 MOTION to Dismiss for Lack of Jurisdiction, MOTION for Sanctions, MOTION (REQUEST) for Rule 16 Scheduling Conference by Peter A McMillan. (Attachments: #1 Part 2) (LAD) (49 pages. Same PDF as #10 , redocketed to reflect Motion filing. Entitled Response to Notice of Removal by United States, Motion to Deny Removal, Motion for Sanctions and Request for Rule 16 Scheduling Conference).
December 14, 2020 Filing 10 RESPONSE re: #1 Notice of Removal by Plaintiff Peter A McMillan. (Attachments: #1 Part 2)(LAD) (49 pages)
December 14, 2020 Filing 8 First MOTION for Extension of Time to File Answer by United States of America. (Attachments: #1 Text of Proposed Order)(Piensook, Kwan)
December 11, 2020 Filing 9 MOTION for Entry of Default as to Defendants by Peter A McMillan. NOTE: Filed in State Court on 12/1/20 and docketed in District Court pursuant to #7 Notice. (DXD)
December 11, 2020 Filing 7 NOTICE re: NOTICE OF PENDING MOTION by Travis E Lavigne, Cheri A Oz . (Piensook, Kwan)
December 11, 2020 Filing 6 NOTICE re: of Substitution of the United States for Defendants Travis Lavigne & Cheri OZ for Plaintiff's Defamation Claim in the Complaint by Travis E Lavigne, Cheri A Oz . (Attachments: #1 Exhibit A)(Piensook, Kwan)
December 11, 2020 Opinion or Order Filing 5 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 12/11/2020. (JAMA)
December 10, 2020 Filing 4 MINUTE ORDER: A clerical error having been made by the Clerk's Office when this matter was initially assigned, this case has been randomly reassigned to the Honorable John J. Tuchi. All future filings shall reflect the following complete case number: CV-20-02397-PHX-JJT. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS)
December 10, 2020 Filing 3 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (LAD)
December 10, 2020 Filing 2 This case has been assigned to the Honorable Susan R Bolton. All future pleadings or documents should bear the correct case number: CV-20-02397-PHX-SRB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (LAD)
December 10, 2020 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2020-013571 filed by Cheri A Oz, Travis E Lavigne. (Submitted by Kwan Piensook) (Attachments: #1 Verification of State Record, #2 Exhibit, #3 Civil Cover Sheet, #4 Supplemental Civil Cover Sheet)(LAD)
December 10, 2020 ***** State Court record received on 12/10/2020 ***** SERVICE EXECUTED filed by Peter A McMillan: Return of Service re: Summons/Demand for Jury Trial/Certificate of Compulsory Arbitration/Civil Complaint upon Cheri A. Oz and Travis E Lavigne (by service upon Cheri A Oz, Supervisor) on 11/10/2020. ***** Return of Service docketed in U.S. District Court on 12/10/2020 for case management purposes. ***** (LAD) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Defendant: Cheri A Oz
Represented By: Kwan Piensook
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Defendant: Travis E Lavigne
Represented By: Kwan Piensook
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Defendant: United States of America
Represented By: Kwan Piensook
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Plaintiff: Peter A McMillan
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Cross defendant: Kwan Piensook
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