Williamson v. Mercado et al
Plaintiff: Theodore Williamson
Defendant: Celina Bustos Mercado, Israel Bustos Chavez, Juan Celestino, C Juan Marcelo Monroy Garcia and Unknown Parties
Case Number: 2:2021cv01159
Filed: July 6, 2021
Court: US District Court for the District of Arizona
Presiding Judge: Michael T Liburdi
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2021 Filing 22 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed August 25, 2021, this action is dismissed without prejudice for failure to prosecute pursuant to Rule 41(b). (WLP)
August 25, 2021 Opinion or Order Filing 21 ORDER - IT IS ORDERED that this action is dismissed without prejudice for failure to prosecute pursuant to Rule 41(b). The Clerk of the Court shall enter judgment accordingly and close this case. IT IS FINALLY ORDERED admonishing attorney Barbara Emily Cowan for failing to inform the Court that the facts underlying the claims in this case were fully adjudicated by the State of Arizona court system. Indeed, the Arizona Court of Appeals recently issued a written opinion adjudicating similar claims. Attorney Barbara Emily Cowan failed in her ethical duty to inform the court of this decision contemporaneously with her motion for a temporary restraining order under Rule 3.3 Candor Toward the Tribunal. (AZ ST S CT RULE 42 RPC ER 3.3). See document for complete details. Signed by Judge Michael T Liburdi on 8/25/2021. (WLP)
August 17, 2021 Opinion or Order Filing 20 ORDER that Plaintiff shall file a status report detailing Plaintiff's intentions to prosecute this case no later than 8/24/2021. See the attached order for additional information. Signed by Judge Michael T. Liburdi on 8/17/2021. (RMW)
August 2, 2021 Filing 19 REPLY re: #13 Order to Show Cause Plaintiff Theodore Williamson. (Cowan, Barbara) *Modified linkage on 8/3/2021 (DXD).
July 31, 2021 Filing 18 REPLY to Response to Motion re: #2 MOTION for Temporary Restraining Order 2:21-CV-01159-MTL Reply to Response filed by Juan Celestino, Israel Bustos Chavez, C Juan Marcelo Monroy Garcia, Celina Bustos Mercado. (Florez, Vida)
July 23, 2021 Filing 17 NOTICE TO FILER OF DEFICIENCY re: #16 Response to Order to Show Cause filed by Theodore Williamson. 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)
July 22, 2021 Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re: #13 Order to Show Cause by Plaintiff Theodore Williamson. (Cowan, Barbara)
July 9, 2021 Filing 15 *Amended NOTICE of Appearance by Vida Zoe Florez on behalf of Celina Bustos Mercado, Israel Bustos Chavez, Juan Celestino, C Juan Marcelo Monroy Garcia. (Florez, Vida) *Modified text/ add filers on 7/12/2021 (DXD).
July 9, 2021 Filing 14 NOTICE of Appearance by Vida Zoe Florez on behalf of Celina Bustos Mercado, Israel Bustos Chavez, Juan Celestino, C Juan Marcelo Monroy Garcia. (Florez, Vida) *Modified to add filers on 7/12/2021 (DXD).
July 7, 2021 Opinion or Order Filing 13 ORDER TO SHOW CAUSE: By no later than July 22, 2021, Plaintiff shall show cause in writing why sanctions should not be imposed on Plaintiff, Plaintiff's counsel, and the law firm of Hengl & Cowan PLC for Plaintiff's failure to identify Williamson v. Williamson, No. 1 CA-CV-19-0325 FC, 2020 WL 3250849 (Ariz. App. June 16, 2020). Response and Reply briefs may be filed according to the deadlines established in the Local Rules. See document for complete details. Signed by Judge Michael T Liburdi on 7/7/2021. (RMV)
July 7, 2021 Filing 12 MINUTE ENTRY for proceedings held before Judge Michael T Liburdi: Status Conference re: #2 Motion for TRO held on 7/7/2021. Oral argument is heard. IT IS ORDERED that the #2 Motion for TRO is DENIED. FURTHER ORDERED that the #1 Complaint is DISMISSED for failure to state a claim. Amended Complaint and supplemental brief is due by 8/6/2021. FURTHER ORDERED that Plaintiff's response to Order to Show Cause is due by 7/22/2021. Separate order to issue. See document for complete details. (Court Reporter Barbara Stockford.) Hearing held 10:38 am to 11:27 am.(RMV)
July 7, 2021 Filing 11 NOTICE TO FILER OF DEFICIENCY re: #8 Notice (Other) filed by Theodore Williamson. 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. (MFR)
July 6, 2021 Filing 10 *NOTICE re: Service of Notice of Hearing and Dial-In Instructions by Theodore Williamson . (Cowan, Barbara) *Modified to reflect document is not in compliance with the local rule on 7/7/2021 (MFR).
July 6, 2021 Opinion or Order Filing 9 ORDER (text only): Upon review of Plaintiff's Notice of Compliance (Doc. #8 ), which indicates that Plaintiff has provided notice of this action and the pending motion for temporary restraining order (Doc. #2 ) via service on Defendants' counsel, Vida Florez of the Florez Law Firm, IT IS ORDERED setting a status conference for Wednesday, 7/7/2021 at 10:30 AM, in Courtroom 504. Counsel may appear in person or telephonically. Plaintiff's counsel will receive call-in instructions via email to participate by phone. IT IS FURTHER ORDERED that by no later than 6:00 PM today, 7/6/2021, Plaintiff shall provide Defendants with a copy of this Order, and the call-in instructions, through service upon Defendants' counsel. Plaintiff must file a notice with the Court indicating its compliance with this order. Ordered by Judge Michael T. Liburdi on 7/6/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
July 6, 2021 Filing 8 *NOTICE re: Notice of Proof of Service of Emergency Motion for TRO by Theodore Williamson . (Cowan, Barbara) *Modified to reflect document not in compliance with the local rule on 7/7/2021 (MFR).
July 6, 2021 Opinion or Order Filing 7 ORDER (text only): IT IS ORDERED that, the Court having reviewed the Emergency Motion for Temporary Restraining Order (Doc. #2 ) and finding no cause having been shown for considering or issuing a temporary restraining order without notice, see Fed. R. Civ. P. 65(b)(1)(A)-(B), the Court will not set a hearing on the motion until Plaintiff files a Notice: (1) indicating that Notice was given to the Defendants, (2) specifying how Notice was given to Defendants; and (3) providing contact information for Defendants or Defendants' attorney(s). Ordered by Judge Michael T. Liburdi on 7/6/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
July 6, 2021 Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Theodore Williamson. 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. (MYE)
July 6, 2021 Filing 5 Summons Issued as to Celina Bustos Mercado, and Israel Bustos Chavez. (Attachments: #1 Summons)(MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
July 6, 2021 Filing 4 Filing fee paid, receipt number 0970-19633809. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-21-1159-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE)
July 6, 2021 Filing 3 SUMMONS Submitted by Theodore Williamson. (Cowan, Barbara) (Attachments: #1 Summons)(MYE)
July 6, 2021 Filing 2 Emergency MOTION for Temporary Restraining Order by Theodore Williamson. (Cowan, Barbara) (MYE)
July 6, 2021 Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19633809 filed by Theodore Williamson. (Cowan, Barbara) (Attachments: #1 Civil Cover Sheet)(MYE)

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Plaintiff: Theodore Williamson
Represented By: Barbara Emily Cowan
Represented By: Ryan Christopher Hengl
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Defendant: Celina Bustos Mercado
Represented By: Vida Zoe Florez
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Defendant: Israel Bustos Chavez
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Defendant: Juan Celestino
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Defendant: C Juan Marcelo Monroy Garcia
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Defendant: Unknown Parties
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