Stephens v. Serta Simmons Bedding LLC
Plaintiff: Mason Stephens
Defendant: Serta Simmons Bedding LLC
Case Number: 2:2021cv01115
Filed: June 25, 2021
Court: US District Court for the District of Arizona
Presiding Judge: Douglas L Rayes
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 14, 2021 Filing 16 MINUTE ORDER: Pursuant to the Notice of Voluntary Dismissal #15 , the civil case is terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MFR)
July 12, 2021 Filing 15 NOTICE of Voluntary Dismissal by Mason Stephens. (Gardner, Audrey)
July 9, 2021 Remark: Pro hac vice motion(s) granted for Audrey Olson Gardner on behalf of Plaintiff Mason Stephens. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 8, 2021 Remark: Pro hac vice motion(s) granted for Jeffrey A Schwartz on behalf of Plaintiff Mason Stephens. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 7, 2021 Opinion or Order Filing 14 ORDER denying #4 Motion for TRO. FURTHER ORDERED that the parties shall confer and, if Stephens intends to pursue a motion for a preliminary injunction, submit to the Court by no later than July 12, 2021 a joint proposed briefing schedule. See document for complete details. Signed by Judge Douglas L Rayes on 7/7/2021. (RMV)
July 6, 2021 Filing 13 *REPLY to Response to Motion re: #4 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed by Mason Stephens. (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration)(Perez, Alejandro) *Modified to correct event and text on 7/6/2021 (REK).
July 2, 2021 Filing 12 RESPONSE to Motion re: #4 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed by Serta Simmons Bedding LLC. (Attachments: #1 Exhibit Attachment A and Exs 1 to 6, #2 Exhibit Exs 7 to 10)(Peabody, Daniel)
July 2, 2021 Remark: Pro hac vice motion(s) granted for Brent David Wasser on behalf of Defendant Serta Simmons Bedding LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 29, 2021 Filing 11 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephone Conference held on 6/29/2021. Discussion is held regarding #4 Motion for Temporary Restraining Order. The Court sets the following expedited briefing schedule on the motion: Defendant's response is due by 7/2/2021, solely on the issue of whether a Temporary Restraining Order should issue. Plaintiff's reply is due by noon on 7/5/2021. LATER: Due to 7/5/2021 being a Court holiday, the reply will instead be due by noon on 7/6/2021. APPEARANCES: Telephonic appearance by Audrey Gardner for Plaintiff. Telephonic appearance by Julia Acken, Daniel Peabody, and Brent Wasser for Defendant. (Court Reporter Jennifer Pancratz.) Hearing held 3:28 pm to 3:50 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
June 29, 2021 Filing 10 MINUTE ORDER: Due to a conflict with the Court's calendar, IT IS ORDERED the Telephone Conference set for 6/29/2021 is RESET IN TIME ONLY to 03:30 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
June 29, 2021 Filing 9 NOTICE of Appearance by Daniel John Fisher Peabody on behalf of Serta Simmons Bedding LLC. (Peabody, Daniel)
June 28, 2021 Filing 8 NOTICE re: Defendant's Notice of Pending Motions by Serta Simmons Bedding LLC re: #1 Notice of Removal . (Peabody, Daniel)
June 28, 2021 Opinion or Order Filing 7 ORDER that the parties appear telephonically on June 29, 2021 at 11:30 AM before Judge Douglas L. Rayes to discuss a briefing schedule for Plaintiff's application for a temporary restraining order ("TRO") (Doc. #4 ). Call-in instructions will be provided via separate email. In addition to a briefing schedule, the Court asks the parties to come prepared to discuss the information set forth here-in. See document for complete details. Signed by Judge Douglas L Rayes on 6/28/2021. (RMV)
June 28, 2021 Opinion or Order Filing 6 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. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 6/28/2021. (RMV)
June 28, 2021 Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Serta Simmons Bedding LLC. Document not in compliance with LRCiv 3.6(d). FOLLOW-UP ACTION REQUIRED: Please refile correct 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. (DLC)
June 25, 2021 Filing 4 MOTION for Temporary Restraining Order and MOTION for Order to Show Cause by Mason Stephens. (Original filed in Maricopa County Superior Court on 6/18/2021). (DLC)
June 25, 2021 Filing 3 Filing fee paid, receipt number 0970-19606902. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-21-1115-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC)
June 25, 2021 Filing 2 Corporate Disclosure Statement by Serta Simmons Bedding LLC. (Peabody, Daniel) (DLC)
June 25, 2021 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2021-009842 (TRO Requested). Filing fee received: $ 402.00, receipt number 0970-19606902 filed by Serta Simmons Bedding LLC. (Peabody, Daniel) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Coversheet - Exh I, #3 Exhibit A-L)(DLC)

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Defendant: Serta Simmons Bedding LLC
Represented By: Daniel John Fisher Peabody
Represented By: John J Balitis, Jr.
Represented By: Brent David Wasser
Represented By: Julia Sibert Acken
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Plaintiff: Mason Stephens
Represented By: Audrey Olson Gardner
Represented By: Jeffrey A Schwartz
Represented By: John Greg Coulter
Represented By: Alejandro Perez
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