Bitsui v. Rassas et al
| Nathaniel Bitsui |
| Arizona, State of, Michael Rassas, Matt Liszewski, Howard D Sukenic, Rich J Peters and Travis J Owen |
| 2:2021cv00200 |
| February 5, 2021 |
| US District Court for the District of Arizona |
| Diane J Humetewa |
| Dominic W Lanza |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 1, 2021. A more recent docket listing may be available from PACER.
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Filing 31
AMENDED ORDER that Defendants Judge Rassas and Judge Sukenic's Motion to Dismiss (Doc. #15 ) is granted in part. Plaintiff's Complaint (Doc. #1 ) is dismissed. Defendants Judge Rassas and Judge Sukenic shall be dismissed from this action with prejudice. ORDERED that Plaintiff may file an amended complaint by March 30, 2021, or file a motion for leave to amend within 30 days of the date this Order is entered. IT IS FURTHER ORDERED that if Plaintiff fails to comply, the Clerk of Court shall kindly dismiss this action without further order of this Court. Signed by Judge Diane J Humetewa on 4/1/2021. (See Order for details.) (LFIG)
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Filing 30
ORDER: IT IS ORDERED granting the #29 Motion to Correct Clerical Error. An amended order shall issue. ORDERED by Judge Diane J Humetewa on 4/1/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 29 MOTION to Amend/Correct #22 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction by Arizona, State of, Michael Rassas, Howard D Sukenic. (Garner, Deborah) |
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Filing 28
ORDER denying the #24 Motion for Reconsideration. Signed by Judge Diane J Humetewa on 3/31/2021. (See Order for details.) (LFIG)
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Filing 27
ORDER granting #23 Motion to Allow Electronic Filing. The party is required to complete the Electronic Case File Registration form to register as a user with the Clerk's Office and to register as a subscriber to PACER (Public Access to Electronic Records) within five (5) days of the date of this Order. See document for complete details. Signed by Judge Diane J Humetewa on 3/30/2021. (LFIG)
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| Filing 24 MOTION for Reconsideration re: #22 Order by Nathaniel Bitsui. (REK) |
| Filing 23 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Nathaniel Bitsui. (REK) |
| Filing 26 SERVICE EXECUTED filed by Nathaniel Bitsui: Return of Service re: #12 Order Setting Rule 16 Scheduling Conference and Exhibits A-G upon Attorney Matthew D. Liszewski on 3/17/2021. (REK) |
| Filing 25 SUR-REPLY Titled: Second Answer to the State's Motion to Dismiss) re: #21 Reply to Response to #15 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction by Plaintiff Nathaniel Bitsui. (4 Pages) (REK) |
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Filing 22
AMENDED by Doc. #31 ORDER that Defendants Judge Rassas and Judge Sukenic's Motion to Dismiss (Doc. #15 ) is granted in part. Plaintiff's Complaint (Doc. #1 ) is dismissed. Defendants Judge Rassas and Judge Sukenic shall be dismissed from this action with prejudice. ORDERED that Plaintiff may file an amended complaint by March 30, 2021, or file a motion for leave to amend within 30 days of the date this Order is entered. IT IS FURTHER ORDERED that if Plaintiff fails to comply, the Clerk of Court shall kindly dismiss this action without further order of this Court. Signed by Judge Diane J Humetewa on 3/26/2021. (See Order for details.) (LFIG) Modified on 4/1/2021 (LFIG).
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| Filing 21 REPLY to Response to Motion re: #15 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Arizona, State of, Michael Rassas, Howard D Sukenic. (Garner, Deborah) |
| Filing 20 SERVICE EXECUTED filed by Nathaniel Bitsui: Return of Service re: Order #12 and Exhibits upon Attorney Rich J Peters on 3/11/2021. (REK) |
| Filing 19 RESPONSE in Opposition re: #15 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Nathaniel Bitsui. (REK) |
| Filing 18 SERVICE EXECUTED filed by Nathaniel Bitsui: Return of Service re: Order and Exhibits upon Honorable Judge Michael Z Rassas on 3/08/2021. (REK) |
| Filing 17 SERVICE EXECUTED filed by Nathaniel Bitsui: Return of Service re: Order and Exhibits upon Honorable Judge Howard D. Sukenic on 3/08/2021. (REK) |
| Filing 16 SERVICE EXECUTED filed by Nathaniel Bitsui: Return of Service re: Summons, Complaint, and Orders upon Attorney Travis John Owen on 3/04/2021. (REK) |
| Filing 15 *MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Arizona, State of, Michael Rassas, Howard D Sukenic. (Attachments: #1 Exhibit Exhibit A)(Garner, Deborah) *Modified to correct motion type and add motion to dismiss for lack of jurisdiction on 3/9/2021 (REK). |
| Filing 14 SERVICE EXECUTED filed by Nathaniel Bitsui: Return of Service re: Summons and Complaint upon Travis John Owen on 3/04/2021. (REK) |
| Filing 13 SERVICE EXECUTED filed by Nathaniel Bitsui: Return of Service re: Summons, Complaint, and Order upon Matthew D Liszewski on 2/25/2021. (REK) |
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Filing 12
ORDER setting a Rule 16 Scheduling Conference for 5/11/2021 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 2/26/2021. (See Order for details.) (LFIG)
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| Filing 11 SERVICE EXECUTED : filed by Nathaniel Bitsui: Proof of Service re: Summons and Complaint upon Rich J Peters on 2/15/2021. (WLP) |
| Filing 10 SERVICE EXECUTED : filed by Nathaniel Bitsui: Proof of Service re: Summons and Complaint upon Howard D Sukenic on 2/16/2021. (WLP) |
| Filing 9 SERVICE EXECUTED filed by Nathaniel Bitsui: Return of Service re: Summons and Complaint upon Judge Michael Rassas on 2/17/2021. (REK) |
| Filing 8 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Nathaniel Bitsui. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS) |
| Summons Issued as to Matt Liszewski, Travis J Owen, Michael Rassas and mailed to plaintiff. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| Summons Issued as to Rich J Peters, Howard D Sukenic and mailed to plaintiff. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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Filing 7
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. ORDERED that Plaintiff serve a copy of this Order upon Defendant(s) and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 2/9/2021. (LFIG)
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Filing 6
ORDER/NOTICE directing the Clerk of Court to terminate any or all Defendant(s) in this matter, without further notice or order from the Court, that have not been served within the time required by Fed. R. Civ. P. 4(m), on May 10, 2021. Signed by Judge Diane J Humetewa on 2/9/2021. (See Order for details.) (LFIG)
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Filing 5
ORDER reassigning this case to Judge Humetewa for all further proceedings. All future pleadings shall bear the following case caption: CV-21-00200-PHX-DJH. Signed by Judge Dominic W Lanza on 2/09/2021. (REK)
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Filing 4
ORDER OF RECUSAL. Judge John J. Tuchi recused. Case randomly reassigned to Judge Dominic W. Lanza for all further proceedings. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-21-00200-PHX-DWL. Signed by Judge John J. Tuchi on 2/8/21. (NKS)
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| 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. (REK) |
| Filing 2 Filing fee paid, receipt number PHX226059. This case has been assigned to the Honorable John J. Tuchi. All future pleadings or documents should bear the correct case number: CV-21-00200-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 1 COMPLAINT. Filing fee received: $402.00, receipt number PHX226059 filed by Nathaniel Bitsui. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (REK) |
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