Spartan Composites LLC v. Allen et al
| Spartan Composites LLC |
| Unknown Parties, Wendy Allen and Aaron Allen |
| 2:2021cv01022 |
| June 11, 2021 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on January 13, 2022. A more recent docket listing may be available from PACER.
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Filing 24
ORDER: A status conference is scheduled for 3:00 PM this date to discuss how to address the pending motion for a temporary restraining order and preliminary injunction, but the parties have now filed a stipulation that includes Plaintiff's withdrawal of the motion. (Doc. #23 .) Accordingly, IT IS ORDERED that the parties' stipulation (Doc. #23 ) is granted. The motion for a temporary restraining order and preliminary injunction (Doc. #14 ) is withdrawn. IT IS FURTHER ORDERED that today's status conference (Doc. 19 ) is vacated. Ordered by Judge Dominic W Lanza on 8/3/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 23 STIPULATION re: #14 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Aaron Allen, Wendy Allen. (Attachments: #1 Text of Proposed Order)(Francis, Carrie) |
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Filing 22
SCHEDULING ORDER: Discovery due by 12/17/2021. Dispositive motions due by 5/27/2022 [see attached Order for details]. Signed by Judge Dominic W Lanza on 7/30/21. (MAW)
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Filing 21
ORDER: The Court, having reviewed the parties' joint Rule 26(f) report (Doc. #20 ), concludes it is unnecessary to hold a Rule 16 Case Management Conference. The Court will separately issue the Case Management Order. Counsel are to note at Item 12 of the Case Management Order that the deadlines are real, and the Court will enforce the deadlines set forth in the Order. The parties should plan their litigation activities accordingly. Ordered by Judge Dominic W Lanza on 7/30/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 20 REPORT of Rule 26(f) Planning Meeting by Spartan Composites LLC. (Hester, Chad) |
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Filing 19
ORDER: On the Court's own Motion, and counsel having no objection, Telephonic Status Conference is re-set IN TIME ONLY from 04:30 PM to 03:00 PM on 8/3/2021. Ordered by Judge Dominic W Lanza on 7/29/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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Filing 18
ORDER: IT IS ORDERED that the parties' joint motion (Doc. #17 ) is granted. The deadline for the parties to file their Joint Case Management Report is extended to July 30, 2021. Ordered by Judge Dominic W Lanza on 7/22/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 17 Joint MOTION to Continue Case Management Deadline by Spartan Composites LLC. (Attachments: #1 Text of Proposed Order proposed Order Granting Joint Motion)(Hester, Chad) |
| Filing 16 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Status Conference held on 7/13/2021. Counsel request that today's hearing be reset to allow counsel additional time to confer in order to reach a stipulation that would dispose of the pending motion for temporary restraining order (Doc. #14 ). Discussion held. The Court will consult its calendar and this matter will be reset. LATER: IT IS ORDERED resetting Telephonic Status Conference from this date to August 3, 2021, at 4:30 p.m. Counsel are advised that the call-in information is contained in the Court's Order at Doc. #15 . APPEARANCES: Chad Hester (appearing telephonically) for Plaintiff. Carrie Francis and James Camoriano (both appearing telephonically) for Defendants. (Court Reporter Candy Potter) Hearing held 10:01 AM to 10:04 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
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Filing 15
ORDER that a telephonic status hearing is set for 7/13/2021 at 10:00 a.m. Arizona time. Counsel should be prepared to discuss their views as to an appropriate briefing schedule, whether an evidentiary hearing will be necessary, and if so, when it should be held. Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones or cell phones are not permitted. Signed by Judge Dominic W. Lanza on 7/09/2021. (ESG)
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| Filing 14 *WITHDRAWN by Doc. (24) Order* MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Spartan Composites LLC. NOTE: Filed in State Court on 5/6/21 and docketed in District Court pursuant to #13 Notice. (DXD) Modified on 8/3/2021 (MAW). |
| Filing 13 NOTICE re: Pending Motions by Spartan Composites LLC re: 6 Order, Set Deadlines . (Hester, Chad) |
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Filing 12
ORDER: On June 16, 2021, the Court ordered that Plaintiff "(1) file a memorandum, not to exceed five pages, showing cause why Ms. Allen should not be dropped from this action pursuant to Rule 21 of the Federal Rules of Civil Procedure or (2) stipulate that Ms. Allen should be dropped." (Doc. 6.) Plaintiff (together with Defendants) stipulated that Ms. Allen should be dropped. (Doc. #11 .) Accordingly,IT IS ORDERED that the stipulation (Doc. #11 ) is granted. Defendant Wendy Allen is dropped from this action, pursuant to Rule 21. Ordered by Judge Dominic W Lanza on 6/25/21. (MAW)
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| Filing 11 STIPULATION re: 6 Order, Set Deadlines by Spartan Composites LLC. (Attachments: #1 Text of Proposed Order proposed Order Granting Stipulation to Remova A Party)(Hester, Chad) |
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Filing 10
ORDER: Pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure, the Court will issue a scheduling order after receiving the parties' Rule 26(f) report. After reviewing the Rule 26(f) report, the Court will set a case management conference if meeting with the parties appears necessary or helpful. Accordingly, IT IS ORDERED as follows: The parties are directed to meet, confer, and develop a Rule 26(f) Joint Case Management Report, which must be filed no later than July 22, 2021 [see attached order for details]. Signed by Judge Dominic W Lanza on 6/24/21. (MAW)
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| Filing 9 Defendant Aaron Allen and Wendy Allen's ANSWER to #1 Notice of Removal by Aaron Allen, Wendy Allen.(Francis, Carrie) |
| Filing 8 NOTICE re: Notice of Service by Spartan Composites LLC . (Hester, Chad) |
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Filing 7
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant (s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on September 10, 2021, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/16/21. (MAW)
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Filing 6
ORDER: Defendants Aaron Allen and Wendy Allen have filed a notice of removal, in which Defendants assert that Defendant Wendy Allen ("Ms. Allen") is non-diverse, but that this is irrelevant because (1) she is a "nominal or formal party," and (2) she was named in this lawsuit for the sole purpose of naming an alleged marital community that does not exist, as Mr. and Ms. Allen's marital community ended on September 29, 2020. (Doc. 1 16-17.) Accordingly, IT IS ORDERED that Plaintiff shall, by June 29, 2021, (1) file a memorandum, not to exceed five pages, showing cause why Ms. Allen should not be dropped from this action pursuant to Rule 21 of the Federal Rules of Civil Procedure or (2) stipulate that Ms. Allen should be dropped. IT IS FURTHER ORDERED that if any motions were pending and undecided in the state court at the time of removal, the Court will not consider these motions unless and until a party files a notice of pending motion pursuant to LRCiv 3.6(d). Ordered by Judge Dominic W Lanza on 6/16/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 5 Additional Attachments to Main Document re: #1 Notice of Removal Civil Cover Sheet by Defendants Aaron Allen, Wendy Allen. (Francis, Carrie) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Wendy Allen, Aaron Allen. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile with correct PDF document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCA) |
| Filing 3 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Wendy Allen, Aaron Allen. 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. (SCA) |
| Filing 2 Filing fee paid, receipt number 0970-19560534. This case has been assigned to the Honorable Dominic W. Lanza. All future pleadings or documents should bear the correct case number: CV-21-01022-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2021-09225 (TRO Requested). Filing fee received: $ 402.00, receipt number 0970-19560534 filed by Wendy Allen, Aaron Allen. (Francis, Carrie) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(SCA) |
| ***STATE COURT RECORDS RECIVED*** SERVICE EXECUTED : Return of Service re: Summons, Civil Cover Sheet, Certificate of Compulsory Arbitration, Order to Show Cause, Motion to File Exhibit C of Plaintiff's Verified Complaint Under Seal, Expedited Application For Temporary Restraining Order, Preliminary Injuction and Order to Show Cause, Verified Complaint Tier 3 upon Aaron Allen on 05/12/2021. (Original filed in Maricopa County Superior Court on 05/12/2021)SERVICE EXECUTED : Declaration of Service re: Summons, Verified Complaint, Certificate of Arbitration, Expedited App for TRO,PI, and OSC, Motion to File Exhibit C Under Seal, Order to Show Cause and Order Granting Motion to File Exhibit C Under Seal, Exhibit C documents on a disc and Electronic Data Preservation Letter upon Wendy Allen on 05/13/2021. (Original filed in Maricopa County Superior Court on 05/14/2021). (SCA) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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