Great Western Bank v. Clear Vision Express Tucson 2 LLC et al
| Great Western Bank |
| Michael A Hochman, Clear Vision Express Limited, Avery Commercial Small C LLC, Clear Vision Express Tucson 2 LLC, Avery Holdings Limited, Michael A Hochman Family LP and Anna Hochman |
| 2:2021cv00883 |
| May 17, 2021 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on October 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 27 NOTICE of Receipt re: Remand Letter to Maricopa Count Superior Court of #26 Order Dismissing Case. Received on 10/15/21. (SMH) |
Filing 26
ORDER - IT IS ORDERED denying Avery Commercial Small C, et al.'s Motion to Transfer Venue. (Doc. #8 .) IT IS FURTHER ORDERED denying Great Western Bank's Motion to Bifurcate. (Doc. #11 .) IT IS FURTHER ORDERED that Great Western Bank's Motion for Partial Summary Judgment on Counts IV and V remains pending before the Arizona Superior Court in Maricopa County. (Doc. #24 .) IT IS FINALLY ORDERED directing the Clerk of the Court to remand this action to the Arizona Superior Court in Maricopa County and close this case. See attached Order for complete details. Signed by Judge Michael T Liburdi on 10/6/21. (Attachments: #1 Remand Letter)(SMH)
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| Filing 23 REPLY re: #21 Notice (Other), #22 Notice (Other) Reply in Support of Notice of Pending Motion for Partial Summary Judgment and Request to Grant Unopposed Motion by Plaintiff Great Western Bank. (Attachments: #1 Exhibit 1)(Meyer, Damien) |
| Filing 22 NOTICE re: Response to Docket Number 21 by Avery Commercial Small C LLC, Avery Holdings Limited, Clear Vision Express Limited, Clear Vision Express Tucson 2 LLC, Anna Hochman, Michael A Hochman, Michael A Hochman Family LP . (Nelson, Timothy) |
| Filing 25 STATEMENT OF FACTS re: #24 MOTION for Partial Summary Judgment by Plaintiff Great Western Bank. NOTE: Filed in State Court on 3/5/2021 and docketed in District Court pursuant to #21 Notice. (WLP) |
| Filing 24 MOTION for Partial Summary Judgment on Counts IV and IV against Defendants Clear Vision Express Tucson 2, LLC, Clear Vision Express, Ltd., Avery Holdings, Ltd., Michael A. Hochman, and Hochman Family Partnership by Great Western Bank. NOTE: Filed in State Court on 3/5/2021 and docketed in District Court pursuant to #21 Notice. (WLP) |
| Filing 21 NOTICE re: Notice of Pending Motion For Partial Summary Judgment and Request to Grant Unopposed Motion by Great Western Bank . (Meyer, Damien) |
| Filing 20 REPLY to Response to Motion re: #11 MOTION to Bifurcate the pending action into two separate actions: (1) one action would be against Defendant Clear Vision Express Tucson, 2, LLC (CVET2), the Defendants that guaranteed CVET2s equipment loans, and unjust enrichment and conversion claims filed by Great Western Bank. (Meyer, Damien) |
| Filing 19 *REPLY to Response to Motion re: #8 MOTION to Transfer Venue Pursuant to 28 U.S.C. 1412 and Bankruptcy Rule 7078 or in the Alternative, to Refer Case to Arizona Bankruptcy Court for Consideration of Same by Defendants Avery Commercial Small C LLC, Avery Holdings Limited, Clear Visio n Express Limited, Clear Vision Express Tucson 2 LLC, Michael A Hochman, Michael A Hochman Family LP, Anna Hochman. (Nelson, Timothy) *Modified to correct event type, correct reference to related document and to reflect correct filers on 6/17/2021 (MFR). |
| Filing 18 RESPONSE in Opposition re: #11 MOTION to Bifurcate the pending action into two separate actions: (1) one action would be against Defendant Clear Vision Express Tucson, 2, LLC (CVET2), the Defendants that guaranteed CVET2s equipment loans, and unjust enrichment and conversion claims filed by Clear Vision Express Tucson 2 LLC. (Nelson, Timothy) |
| Filing 17 RESPONSE in Opposition re: #8 MOTION to Transfer Venue Pursuant to 28 U.S.C. 1412 and Bankruptcy Rule 7078 or in the Alternative, to Refer Case to Arizona Bankruptcy Court for Consideration of Same filed by Great Western Bank. (Meyer, Damien) |
| Remark: Out of state attorneys Diann M Bartek and Jeana Laguna terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 16 NOTICE of Appearance by Leslie M Luttrell on behalf of Clear Vision Express Limited, Clear Vision Express Tucson 2 LLC, Anna Hochman, Michael A Hochman, Michael A Hochman Family LP. (Luttrell, Leslie) |
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Filing 15
ORDER - IT IS ORDERED granting Plaintiff's Motion to Amend Caption to Correct Clerical Error (Doc. #9 ). IT IS FURTHER ORDERED that the Clerk of the Court shall amend the caption in this case to add Anna Hochman as a Defendant. Signed by Judge Michael T Liburdi on 5/28/2021. (WLP)
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| Filing 14 STATEMENT of Nonopposition to Motion to Correct Clerical Error by Defendant Avery Commercial Small C LLC. (Nelson, Timothy) |
| Filing 13 *Corporate Disclosure Statement by Avery Commercial Small C LLC. (Attachments: #1 Corporate Disclosure Statement, #2 Corporate Disclosure Statement, #3 Corporate Disclosure Statement, #4 Corporate Disclosure Statement)(Nelson, Timothy) *Modified to request future Corporate Disclosure Statements be filed as separate entries; attorney noticed on 6/1/2021 (LAD). |
| Filing 12 Additional Attachments to Main Document re: #9 MOTION to Correct Clerical Error in Caption (Attachments: #2 Exhibit A by Plaintiff Great Western Bank. (Meyer, Damien) |
| Filing 11 MOTION to Bifurcate the pending action into two separate actions: (1) one action would be against Defendant Clear Vision Express Tucson, 2, LLC (CVET2), the Defendants that guaranteed CVET2s equipment loans, and unjust enrichment and conversion claims arising from these equipment loans against Defendant Clear Vision Express, Ltd (CVE), together with the counterclaim brought by these Defendants against Great Western, and (2) a separate action against Defendant Avery Commercial Small C, LLC (Debtor) and the Defendants that guaranteed the Debtors real estate loan, together with the counterclaim brought by these Defendants. by Great Western Bank. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Motion to Bifurcate Action)(Meyer, Damien) |
| Filing 10 NOTICE re: Consent to Jurisdiction with the U.S. District Court for the District of Arizona by Great Western Bank . (Meyer, Damien) |
| Filing 9 MOTION to Correct Clerical Error in Caption by Great Western Bank. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Motion to Correct Clerical Error in Caption)(Meyer, Damien) |
| Remark: Pro hac vice motion(s) granted for Carl Michael Barto on behalf of Defendant Avery Commercial Small C LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 8 *First MOTION to Transfer Venue pursuant to 28 USC 1412 and Bankruptcy Rule 7078 or in the Alternative to Refer Case to Arizona Bankruptcy Court for Consideration of Same by Avery Commercial Small C LLC, Avery Holdings Limited, Clear Vision Express Limited, Clear Vision Express Tucson 2 LLC, Michael A Hochman, Michael A Hochman Family LP. (Associated Cases: CV2020-007502) (Nelson, Timothy) *Modified on 5/27/2021 to correct event type and correct filers (KAH). |
| Remark: Pro hac vice motion(s) granted for Leslie M Luttrell on behalf of Defendants Clear Vision Express Limited, Clear Vision Express Tucson 2 LLC, Michael A Hochman, Michael A Hochman Family LP. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 7 NOTICE re: Notice of Filing State Court Records by Great Western Bank re: #4 Order, Set Deadlines . (Attachments: #1 Verified Complaint, part 1 of 2, #2 Verified Complaint, part 2 of 2, #3 Defendants' Answer and Verified Counterclaim, #4 Plaintiff/Counterdefendant Great Western Bank's Answer to Defendants' Verified Counterclaim, #5 Plaintiff/Counterdefendant Great Western Bank's Motion for Partial Summary Judgment on Counts IV and V Against Defendants, #6 Plaintiff/Counterdefendant Great Western Bank's Separate Statement of Facts in Support of Motion for Partial Summary Judgment on Counts IV and V Against Defendants)(Lewis, Tamalyn) |
| Filing 6 Corporate Disclosure Statement by Great Western Bank identifying Other Affiliate Great Western Bancorp, Inc. for Great Western Bank. (Meyer, Damien) |
| Filing 5 NOTICE of Appearance by Tamalyn E Lewis on behalf of Great Western Bank. (Lewis, Tamalyn) |
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Filing 4
ORDER that by 5/28/2021 the attorneys for Great Western Bank shall refile their Motion to Remand in this Court's docket if they still seek the relief of remand to the Maricopa County Superior Court. IT IS FURTHER ORDERED that if a party wishes to have this case referred to the Bankruptcy Court in Arizona, they shall file a motion seeking such relief by 5/28/2021. The response and reply times shall be governed by the Local Rules. IT IS FURTHER ORDERED that if a party seeks transfer of venue to Texas as suggested by the order of the Texas court, they shall file a motion to transfer venue by 5/28/2021. IT IS FINALLY ORDERED that the Court cannot locate a copy of the complaint or the answers (or other responses to the complaint) in this Court's record. By 5/28/2021, the original filing party shall file in this Court's record a copy of each of these documents. If a defendant has not responded to the complaint, the parties shall file a joint status report regarding the status of service and the deadline for each non-responding defendant to respond to the complaint by 5/28/2021. See the attached order for additional information. Signed by Judge Michael T. Liburdi on 5/20/2021. (RMW)
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| Filing 3 NOTICE TO PARTY 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 Avery Commercial Small C LLC, Avery Holdings Limited, Clear Vision Express Limited, Clear Vision Express Tucson 2 LLC, Great Western Bank, Michael A Hochman Family LP. (REK) |
| Filing 2 This case has been assigned to the Honorable Michael T. Liburdi. All future pleadings or documents should bear the correct case number: CV-21-00883-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 1 NOTICE OF REMOVAL from United States District Court, Sourthern District of Texas (Laredo Division), case number Adv. No. 21-05001 pursuant to an Order transferring the matter to the United States District Court, District of Arizona. The Order was signed by United States Bankruptcy Judge David R. Jones on 4/06/2021, but was not received by the United States District Court, District of Arizona until 5/17/2021. (Attachments: #1 Motion to Remand, #2 Response to Motion to Remand, #3 Amended Response to Motion to Remand, #4 Docket Sheet for Adv. No. 21-05001, #5 Docket Sheet for BK Case 21-50020, #6 Maricopa County Superior Court Docket Sheet)(REK) |
| Remark: The original case was submitted in Maricopa County Superior Court (case number CV2020-007502) and then removed to the U.S. Bankruptcy Court, Southern District of Texas (Laredo Division) and assigned case number 21-50020. Eventually an adversary matter was opened at the U.S. Bankruptcy Court, Southern District of Texas (Laredo Division) as case number Adv. No. 21-05001. Plaintiff/Debtor filed a Motion to Remand and on 4/06/2021 United States Bankruptcy Judge David R. Jones signed an Order transferring the adversary pleading (Adv. No. 21-05001) to the United States District Court, District of Arizona. The Transfer Order, was not received by the United States District Court, District of Arizona until 5/17/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
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