Paul Johnson Drywall Incorporated et al v. Sterling Group LP
| Paul Johnson Drywall Incorporated, Johnson 2013 Irrevocable Trust, dated December 28, 2013 and RCJ Irrevocable Trust, dated April 29, 2010 |
| Defendant Limited Partnership, Sterling Group LP and CAC Construction Group, LLC |
| 2:2021cv01408 |
| August 13, 2021 |
| US District Court for the District of Arizona |
| John Z Boyle |
| Dominic W Lanza |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Declaratory Judgement |
| None |
Docket Report
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| Filing 145 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Proksel, Colin) |
| Filing 146 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of DISCOVERY DISPUTE HEARING proceedings held on 04/17/2023, before Judge DOMINIC W. LANZA. [Court Reporter: Scott M. Coniam, RDR, CRR, Telephone number (602) 322-7257]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 5/11/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/19/2023. (RAP) |
| Filing 144 TRANSCRIPT REQUEST by Sterling Group LP for proceedings held on 04/17/2023, Judge Dominic W Lanza, Judge Discovery Dispute Hearing hearing judge(s). (Burford, Zachary) |
| Filing 143 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Discovery Dispute Hearing held on 4/17/2023 re: Joint Summary of Discovery Dispute Regarding PJD's Challenge to Sterling's Designation of Certain Documents "Confidential For Counsel Only" (Doc. #137 ). Argument held. To the extent the summary is construed as a Motion to Compel Sterling Group LP to de-designate some documents at issue so said documents are no longer attorneys' eyes only, the Court denies said motion. APPEARANCES: David Teklits, R. Douglas Dalton, William Furnish, Joshua Messer and Colin Proksel (all appearing by Zoom) for Plaintiff. Zachary Burford, Adam Lang, Robert Slovak and Thalia Malespin (appearing by Zoom) for Defendants. (Court Reporter Scott Coniam) Hearing held 9:32 AM to 10:06 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Filing 142 TRANSCRIPT REQUEST Entire Hearing Conducted on 4/17/2023 by CAC Construction Group, LLC for proceedings held on 4/17/2023, Judge Dominic W Lanza hearing judge(s). (Jarvey, Matthew) |
| Filing 141 TRANSCRIPT REQUEST by Paul Johnson Drywall Incorporated for proceedings held on April 17, 2023, Judge Dominic W Lanza hearing judge(s). (Furnish, William) |
Filing 140
ORDER: IT IS ORDERED clarifying that the hearing set for April 17, 2023 at 9:30 a.m. encompasses two discovery disputes, one between PJD and Sterling, which will be discussed first, and the other between PJD and CAC, which will be discussed second. The disputes are being heard at the same time because they involve related issues. Ordered by Judge Dominic W Lanza on 4/12/23. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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Filing 139
ORDER: IT IS ORDERED setting Discovery Dispute Hearing via Zoom re: parties' Joint Summary of Discovery Dispute Regarding PJD's Challenge to Sterling's Designation of Certain Documents "Confidential - for Counsel Only" on 4/17/2023 at 09:30 AM (Arizona time). This Court's staff will email the Zoom link to counsel for said hearing. Ordered by Judge Dominic W Lanza on 4/11/23. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 138 STATEMENT of Summary of Discovery Dispute Regarding PJD's Motion to Compel re: #136 Order on Motion to Quash, by Defendant CAC Construction Group, LLC. (Lang, Adam) |
| Filing 137 STATEMENT of Joint Summary of Discovery Dispute Regarding PJD's Challenge to Sterling's Designations of Certain Documents Confidential - For Counsel Only by Plaintiff Paul Johnson Drywall Incorporated. (Furnish, William) |
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Filing 136
ORDER: IT IS ORDERED that Con App's motion to quash (Doc. #135 ) is denied. IT IS FURTHER ORDERED that, by April 10, 2023, Con App shall file a summary, not to exceed three pages, setting forth its position on the merits of the discovery dispute. It is unnecessary for PJD to file anything else at this time because the Court already has PJD's summary of its position [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/6/23. (MAW)
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| Remark: Pro hac vice motion(s) granted for Robert Thomas Slovak, Brandon Christopher Marx on behalf of Defendant CAC Construction Group, LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 135 MOTION to Quash Subpoena Non-Party CAC Construction Group LLC's Motion to Quash Subpoena by CAC Construction Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Attachment LRCiv 7.2(j) Certification, #4 Proposed Order)(Lang, Adam) |
| Filing 134 STATEMENT of Non-Party CAC Construction Group LLC's Summary of Discovery Dispute Regarding PJD's Motion to Compel Compliance with Fed.R.Civ.P. 45 Subpoena re: #132 Statement by Defendant CAC Construction Group, LLC. (Lang, Adam) |
| Filing 133 NOTICE of Appearance by Adam Elliott Lang on behalf of CAC Construction Group, LLC. (Lang, Adam) |
| Filing 132 STATEMENT of PJD'S SUMMARY OF DISCOVERY DISPUTE REGARDING PJD'S MOTION TO COMPEL COMPLIANCE WITH FED. R. CIV. PROC. 45 SUBPOENA by Plaintiff Paul Johnson Drywall Incorporated. (Furnish, William) |
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Filing 131
ORDER: IT IS ORDERED that the parties to the miscellaneous action are ordered to file a joint summary of their discovery dispute in the above-captioned action. IT IS FURTHER ORDERED that the parties' joint motion (Doc. #129 ) is granted, with the noted caveat about the timing of presenting discovery disputes for the Court's resolution [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/27/23. (MAW)
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| Filing 130 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Furnish, William) |
| Filing 129 Joint MOTION to Amend/Correct #76 Scheduling Order, 123 Order on Motion to Amend/Correct,,, Joint Motion to Amend Case Management Order by Sterling Group LP. (Attachments: #1 Proposed Order proposed order)(McKirgan, Robert) |
| Filing 128 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Proksel, Colin) |
| Filing 127 NOTICE re: PLAINTIFF'S NOTICE OF MEMORANDUM ORDER IN MISCELLANEOUS ACTION by Paul Johnson Drywall Incorporated . (Attachments: #1 Exhibit 1)(Furnish, William) |
| Filing 126 NOTICE re: PLAINTIFF'S NOTICE OF FILING IN MISCELLANEOUS ACTION by Paul Johnson Drywall Incorporated . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Furnish, William) |
| Filing 125 NOTICE re: PLAINTIFF'S NOTICE OF FILING OF MISCELLANEOUS ACTION by Paul Johnson Drywall Incorporated . (Attachments: #1 Exhibit 1-3)(Furnish, William) |
| Filing 124 NOTICE of Service of Discovery filed by Sterling Group LP. (McKirgan, Robert) |
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Filing 123
ORDER: IT IS ORDERED that the parties' joint motion (Doc. #121 ) is granted. The deadlines for: (a) lay witness depositions by Defendant of Luis Rodriguez and third-parties T&R and TriStar and the lay witness deposition by Plaintiff of CAC Construction, Inc.; and (b) written and document discovery by Plaintiff of AEA Investors, HPS Investment Partners, and Alliant Insurance Services, Inc. and by Defendant of Truist, T&R, and Tristar are extended to March 24, 2023. The deadline for opening expert disclosures is extended to April 21, 2023, for responding expert disclosures to May 19, 2023, and for rebuttal expert disclosures to June 9, 2023. The deadline for expert depositions is extended to July 7, 2023. Ordered by Judge Dominic W Lanza on 2/27/23. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 122 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Furnish, William) |
| Filing 121 *Joint MOTION to Amend CASE MANAGEMENT ORDER re: 114 Order on Motion to Amend/Correct by Paul Johnson Drywall Incorporated. (Attachments: #1 Proposed Order)(Furnish, William) *Modified to correct event on 2/27/2023 (KJ). |
| Filing 120 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Furnish, William) |
| Filing 119 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Furnish, William) |
| Filing 118 NOTICE of Service of Discovery filed by Sterling Group LP. (McKirgan, Robert) |
| Filing 117 NOTICE of Service of Discovery filed by Sterling Group LP. (McKirgan, Robert) |
| Filing 116 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Furnish, William) |
| Filing 115 NOTICE of Appearance by Colin Matthew Proksel on behalf of Paul Johnson Drywall Incorporated. (Proksel, Colin) |
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Filing 114
ORDER: IT IS ORDERED that the parties' joint motion (Doc. #113 ) is granted. The deadlines for lay witness depositions and remaining fact discovery are extended until February 24, 2023. The deadline for opening expert disclosures is extended until March 24, 2023, the deadline for responding expert disclosures is extended until April 21, 2023, the deadline for rebuttal experts is extended until May 12, 2023, and the deadline for expert depositions is extended until June 9, 2023. All other deadlines stated in the Court's July 11, 2022 Order (Doc. 83) are unchanged. Ordered by Judge Dominic W Lanza on 1/27/23. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 113 Joint MOTION to Amend/Correct 83 Order on Motion to Amend/Correct,,, 108 Order on Motion to Amend/Correct,, Joint Motion to Amend Case Management Order by Sterling Group LP. (Attachments: #1 Proposed Order proposed order)(McKirgan, Robert) |
| Filing 112 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Messer, Joshua) |
| Filing 111 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Messer, Joshua) |
| Filing 110 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Furnish, William) |
| Filing 109 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Robert H McKirgan. (McKirgan, Robert) |
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Filing 108
ORDER: IT IS ORDERED granting the parties' Joint Motion to Amend Case Management Order (Doc. #107 ). IT IS FURTHER ORDERED that the deadline for lay witness depositions is extended to February 3, 2023. The deadline for opening expert disclosures is extended until March 3, 2023, and the deadline for responding expert disclosures is extended to March 31, 2023. All other deadlines stated in the Court's July 11, 2022 Order (Doc. 83 ) are unchanged. Ordered by Judge Dominic W Lanza on 12/20/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 107 Joint MOTION to Amend/Correct 83 Order on Motion to Amend/Correct,,, Joint Motion to Amend Case Management Order by Sterling Group LP. (Attachments: #1 Proposed Order proposed order)(McKirgan, Robert) *Modified linkage on 12/22/2022 (KJ). |
| Filing 106 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Messer, Joshua) |
| Filing 104 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Messer, Joshua) |
| Filing 105 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of DISCOVERY DISPUTE proceedings held on 11/09/2022, before Judge DOMINIC W. LANZA. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 1/4/2023. Redacted Transcript Deadline set for 1/14/2023. Release of Transcript Restriction set for 3/14/2023. (RAP) |
| Filing 103 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Messer, Joshua) |
| Filing 102 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Messer, Joshua) |
| Filing 101 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Messer, Joshua) |
| Remark: Pro hac vice motion(s) granted for Thallia Stephanie Malespin, Elizabeth Jane Wilkerson on behalf of Defendant Sterling Group LP. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 100 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Messer, Joshua) |
| Filing 98 TRANSCRIPT REQUEST by Paul Johnson Drywall Incorporated for proceedings held on 11/9/2022, Judge Dominic W Lanza hearing judge(s). (Messer, Joshua) |
| Filing 99 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Discovery Dispute Hearing held on 11/9/2022 re: Joint Summary of Discovery Dispute Regarding PJD's Claimed Deficiencies in Callahan's Production of Documents Pursuant to Subpoena (Doc. #96 ). Discussion held. The Court having construed the Joint Summary as a Motion to Quash by non-party G. Michael Callahan, Jr. ("Callahan"), the Court overrules the jurisdictional and procedural objections. After discussion with counsel, Plaintiff's counsel has agreed to limit the scope of the subpoena. IT IS ORDERED directing non-party Callahan to produce all documents relating to his communication or use of PJD Confidential Information, including in consulting with Con App, or his pursuit of transactions in the drywall space, as noted in the parties' Joint Summary at Page 4, Lines 8 through 11. Regarding the production of documents (timeframe: before or after the fall of 2021), counsel are directed to meet and confer to determine the appropriate timeframe. At the request of non-party's counsel, IT IS FURTHER ORDERED permitting non-party Callahan to redact documents even through there is a Protective Order with an attorneys' eyes only provision entered in this case. APPEARANCES: R. Douglas Dalton, David Isom, Joshua Messer and David Teklits (all appearing via Zoom) for Plaintiff. Solace Southwick (appearing via Zoom) for Defendant. Also present: Aaron Clark (appearing via Zoom) for non-party G. Michael Callahan, Jr. (Court Reporter Candy Potter) Hearing held 10:00 AM to 10:44 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
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Filing 97
ORDER: IT IS ORDERED setting Discovery Dispute Hearing on 11/9/2022 at 10:00 AM (Arizona time) in Courtroom 601, 401 West Washington Street, Phoenix, AZ 85003 before Judge Dominic W Lanza. The hearing will be conducted in person and/or via Zoom. Counsel shall advise the Court via e-mail (lanza_chambers@azd.uscourts.gov) no later than 5:00 p.m., 11/7/2022 as to whether they will appear via Zoom or in person. The Court's staff will provide counsel with the Zoom link for said hearing. Ordered by Judge Dominic W Lanza on 11/4/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 96 REPORT of JOINT SUMMARY OF DISCOVERY DISPUTE REGARDING PJD'S CLAIMED DEFICIENCIES IN CALLAHAN'S PRODUCTION OF DOCUMENTS PURSUANT TO SUBPOENA by Plaintiff Paul Johnson Drywall Incorporated. (Furnish, William) |
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Filing 95
MODIFIED PROTECTIVE ORDER [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/1/22. (MAW)
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| Filing 94 STIPULATION re: #78 Order on Stipulation, Protective Order [STIPULATION TO MODIFY PROTECTIVE ORDER] by Paul Johnson Drywall Incorporated. (Attachments: #1 Proposed Order Proposed Modified Protective Order)(Messer, Joshua) |
| Filing 93 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Furnish, William) |
| Filing 92 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Furnish, William) |
| Filing 90 AMENDED TRANSCRIPT REQUEST pursuant to 89 Notice of Deficiency by Sterling Group LP for proceedings held on 9/7/22, Judge Dominic W Lanza hearing judge(s). (Southwick, Solace) |
| Filing 89 NOTICE TO FILER OF DEFICIENCY re: #88 Transcript Request filed by Sterling Group LP. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by Zachary Burford but submitted using the log-in and password belonging to Solace Southwick. FOLLOW-UP ACTION REQUIRED: Please refile Transcript Request with name/signature (sections 1 & 19 of the AO435 form) matching the name of the ECF registered user under whose credentials the document will be re-submitted under. 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. (RAP) |
| Filing 88 TRANSCRIPT REQUEST by Sterling Group LP for proceedings held on 9/7/22, Judge Dominic W Lanza hearing judge(s). (Southwick, Solace) |
| Filing 91 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE proceedings held on 09/07/2022, before Judge DOMINIC W. LANZA. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/7/2022. Redacted Transcript Deadline set for 10/17/2022. Release of Transcript Restriction set for 12/15/2022. (RAP) |
| Filing 87 TRANSCRIPT REQUEST by Paul Johnson Drywall Incorporated for proceedings held on September 7, 2022, Judge Dominic W Lanza hearing judge(s). (Furnish, William) |
| Filing 86 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Discovery Dispute Hearing held on 9/7/2022 re: the parties' Joint Summary of Discovery Dispute (Doc. #84 ). Argument held. Regarding Issue #1 to the extent it is a Motion to Compel, IT IS ORDERED granting Plaintiff's request. Defense counsel is directed to eliminate the redactions and produce unredacted versions of the documents pursuant to the Protective Order - attorneys' eyes only. Plaintiff's counsel is also directed to disclose unredacted versions of previously disclosed redacted documents. Regarding Issue #2, to the extent it is a Motion to Compel, IT IS ORDERED granting Plaintiff's request. Defendant shall disclose internal communications concerning drywall, including the synonym for gypsum, from December 2020 to the present. At the request of Defense counsel, said disclosure may be subject to redactions as discussed on the record. If after review of said documents Plaintiff's counsel is not satisfied, counsel are directed to meet and confer to resolve the issue. Regarding Defendant's communications with Callahan, Con App, Alvarez and Marsal from December 2020 to the present, Defense counsel is directed to review said communications to ensure that all documents have been produced. However, as to Alvarez and Marsal the production is limited to drywall deals. Regarding Issue #3 related to interrogatories, to the extent it is a Motion to Compel, IT IS ORDERED granting Defendant's request. Plaintiff shall answer said interrogatories with more precision. As to the second item in Issue #3 regarding search terms that would be required in order to gather the documents for production, counsel are directed to meet and confer to resolve this issue. If after a good faith attempt the matter cannot be resolved counsel can request another discovery dispute hearing. APPEARANCES: R. Douglas Dalton, William Furnish, David Isom, Joshua Messer and David Teklits (all appearing telephonically) for Plaintiff. Zachary Burford, Jean Frizzel and Solace Southwick (all appearing telephonically) for Defendant. (Court Reporter Candy Potter) Hearing held 2:32 PM to 3:53 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Remark: Pro hac vice motion(s) granted for David J Teklits on behalf of Plaintiff Paul Johnson Drywall Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 85 MINUTE ORDER: Telephonic Discovery Dispute Hearing set for 9/7/2022 at 02:30 PM (Arizona time) before Judge Dominic W Lanza re: parties' Joint Summary of Discovery Dispute Regarding PJD's Claimed Deficiencies in Sterling's Production of Documents and Sterling's Claimed Deficiencies in PJD's Production of Documents and Responses to Interrogatories (Doc. #84 ). Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones, headsets and connections through the internet are not permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Filing 84 REPORT of JOINT SUMMARY OF DISCOVERY DISPUTE REGARDING PJDS CLAIMED DEFICIENCIES IN STERLINGS PRODUCTION OF DOCUMENTS AND STERLINGS CLAIMED DEFICIENCIES IN PJDS PRODUCTION OF DOCUMENTS AND RESPONSES TO INTERROGATORIES by Plaintiff Paul Johnson Drywall Incorporated. (Furnish, William) |
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Filing 83
ORDER: IT IS ORDERED that the parties' stipulation to amend case deadlines (Doc. #82 ) is granted. The deadline for written discovery is December 2, 2022, for lay witness depositions, January 13, 2023, and for remaining fact discovery, January 20, 2023. The deadline for expert disclosures for the party with the burden of proof is extended to February 17, 2023, for the responding party to March 17, 2023, and for rebuttal experts to April 21, 2023. The deadline for expert depositions is extended to May 19, 2023. The good-faith settlement talks deadline is extended to June 2, 2023. The dispositive motions deadline is extended to July 21, 2023. Ordered by Judge Dominic W Lanza on 7/11/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 82 Joint MOTION to Amend/Correct #76 Scheduling Order, [STIPULATED MOTION TO AMEND CASE MANAGEMENT ORDER] by Paul Johnson Drywall Incorporated. (Attachments: #1 Proposed Order)(Messer, Joshua) |
| Filing 81 *NOTICE re: Disassociation of Counsel by Sterling Group LP . (McKirgan, Robert) *Document not in compliance with Local Rule, attorney noticed on 5/27/2022 (LAD). |
| Filing 80 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Furnish, William) |
| Filing 79 NOTICE of Service of Discovery filed by Paul Johnson Drywall Incorporated. (Furnish, William) |
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Filing 78
PROTECTIVE ORDER [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/28/22. (MAW)
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| Filing 77 STIPULATION FOR ENTRY OF PROTECTIVE ORDER by Paul Johnson Drywall Incorporated. (Attachments: #1 Proposed Order Protective Order)(Furnish, William) |
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Filing 76
SCHEDULING ORDER: Fact Discovery due by 10/19/2022. Dispositive motions due by 4/17/2023. Motions challenging expert testimony due by 3/17/2023 [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/25/22. (MAW)
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| Filing 75 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Scheduling Conference held on 1/25/2022. Deadlines discussed and entered. Rule 16 Scheduling Order to issue. APPEARANCES: William Furnish, David Isom and Joshua Messer (all appearing telephonically) for Plaintiff. Zachary Burford and Jean Frizzell (both appeearing telephonically) for Defendant. (Court Reporter Candy Potter) Hearing held 10:32 AM to 10:46 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
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Filing 74
ORDER: The Court has reviewed the parties' Joint Report of Rule 26(F) Early Meeting (Doc. #73 ). IT IS ORDERED setting Telephonic Scheduling Conference on January 25, 2022, at 10:30 a.m. Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones, head sets and connections through the internet are not permitted. Ordered by Judge Dominic W Lanza on 1/20/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 73 REPORT of Rule 26(f) Planning Meeting by Paul Johnson Drywall Incorporated. (Furnish, William) |
| Filing 72 ANSWER to #56 Amended Complaint Answer To Second Amended Complaint For Preliminary And Permanent Injunctive Relief, Restitution, Specific Performance And Damages by Sterling Group LP.(McKirgan, Robert) |
| Filing 71 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Robert H McKirgan. (McKirgan, Robert) |
| Filing 70 NOTICE of Deposition of Rule 30(b)(6) Representative of The Sterling Group, filed by Paul Johnson Drywall Incorporated. (Furnish, William) |
| Filing 69 NOTICE of Attorney Substitution by Joshua James Messer. (Messer, Joshua) |
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Filing 68
ORDER: IT IS ORDERED that: 1. PJD's renewed motion for expedited discovery (Doc. #58 ) is denied. 2. Sterling's motion for protective order (Doc. #60 ) is denied. 3. The parties must follow the procedure set forth above when seeking resolution of any future discovery disputes [see attached Order for details]. Signed by Judge Dominic W Lanza on 12/17/21. (MAW)
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| Filing 67 REPLY to Response to Motion re: #58 MOTION for Discovery Renewed Motion for Expedited Discovery Reply in Support of Plaintiffs Renewed Motion for Expedited Discovery filed by Paul Johnson Drywall Incorporated. (Attachments: #1 Attachment Talbot Declaration in Support of Reply)(Dalton, R) |
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Filing 66
ORDER: IT IS ORDERED that Sterling's motion to dismiss (Doc. #37 ) is granted in part and denied in part. The Johnson Trusts are dismissed as parties and Count Eight is dismissed. IT IS FURTHER ORDERED that Plaintiffs' request for leave to amend is granted. Plaintiffs may file a Third Amended Complaint within 21 days of the issuance of this order. If Plaintiffs file a Third Amended Complaint, the changes shall be limited to attempting to cure the deficiencies raised in this order and Plaintiffs shall, consistent with LRCiv 15.1(a), attach a redlined version of the pleading as an exhibit. (See Order for full details.) Signed by Judge Dominic W Lanza on 12/13/21. (SST)
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| Filing 65 RESPONSE in Opposition re: #58 MOTION for Discovery Renewed Motion for Expedited Discovery filed by Sterling Group LP. (Attachments: #1 Exhibit A thru G)(Bauman, Nicholas) |
| Filing 64 NOTICE re: Regarding Re-Filing of Defendant's Response to Motion For Expedited Discovery and Exhibits by Sterling Group LP . (Bauman, Nicholas) |
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Filing 63
ORDER: The Court has spilled much ink in this action addressing deficient sealing requests and the rigorous standards that govern sealing requests in the Ninth Circuit. (Docs. 15, 32, 53.) Nevertheless, the parties have now filed an "agreed motion" to file, under seal, Defendant's response to Plaintiff's motion for discovery and associated exhibits. (Doc. 61.) To be clear, the parties seek leave for Defendant to file the entirety of its 18-page response brief (and the 73 pages of exhibits attached to the response brief) under seal, thereby leaving no public record of Defendants basis for opposing Plaintiff's motion. It is difficult to understand how the parties could have thought this approach was appropriate, and could be accomplished via a perfunctory "agreed motion" containing virtually no analysis, in light of the prior orders in this case. Accordingly, IT IS ORDERED that the parties' motion to seal (Doc. 61) is denied. Pursuant to LRCiv 5.6(e), "the submitting party may, within five (5) days of the entry of the order denying the request, resubmit the document for filing in the public record." Ordered by Judge Dominic W Lanza on 12/9/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 62 *DENIED per Doc. (63) Order SEALED LODGED Proposed Response in Opposition to Plaintiffs' Renewed Motion for Expedited Discovery re: #61 MOTION to Seal Document (Agreed). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Sterling Group LP. (Attachments: #1 Exhibit A - G)(Bauman, Nicholas) Modified on 12/9/2021 (MAW). |
| Filing 61 MOTION to Seal Document (Agreed) by Sterling Group LP. (Attachments: #1 Proposed Order)(Bauman, Nicholas) |
| Filing 60 MOTION for Protective Order and Brief in Support by Sterling Group LP. (Attachments: #1 Proposed Order)(Bauman, Nicholas) |
| Filing 59 NOTICE of Service of Discovery filed by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Talbot, Bryce) |
| Filing 58 MOTION for Discovery Renewed Motion for Expedited Discovery by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Attachments: #1 Attachment Talbot Declaration with Exhibits, #2 Proposed Order Order granting Motion for Expedited Discovery)(Talbot, Bryce) |
| Filing 57 NOTICE of Deposition of The Sterling Group, L.P. (30(b)(6)), filed by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Talbot, Bryce) |
| Filing 56 AMENDED COMPLAINT Second Amended Complaint for Preliminary and Permanent Injunctive Relief, Restitution, Specific Performance and Damages (Redacted) against Sterling Group LP filed by Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010, Johnson 2013 Irrevocable Trust, dated December 28, 2013.(Dalton, R) |
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Filing 55
ORDER: IT IS ORDERED that Plaintiffs' motion for reconsideration (Doc. #54 ) is granted. The proposed redactions to paragraphs 52 and 69 of Plaintiffs' Second Amended Complaint, as reflected by the highlighting in the paragraphs in the draft lodged under seal at Doc. 44, are approved. Signed by Judge Dominic W Lanza on 10/26/21. (MAW)
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| Filing 54 MOTION for Reconsideration re: #53 Order on Motion to Seal Document by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Furnish, William) |
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Filing 53
ORDER: IT IS ORDERED that Plaintiffs' renewed motion (Doc. #42 ) is granted in part and denied in part. IT IS FURTHER ORDERED that Plaintiffs file, by October 26, 2021, an updated version of the SAC in the public record, with only the approved redactions included [see attached Order for details]. Signed by Judge Dominic W Lanza on 10/19/21. (MAW)
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| Filing 51 REPLY to Response to Motion re: #42 MOTION to Seal Document #32 Order on Motion to Seal Document Plaintiffs Renewed Motion to Seal Portions of the Second Amended Complaint filed by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Talbot, Bryce) |
| Filing 50 REPLY to Response to Motion re: #37 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiffs' Second Amended Complaint For Failure to State A Claim Pursuant to Fed. R. Civ. P. 12(B)(6) Reply in Support of Motion to Dismiss Plaintiffs' Second Amended Complaint For Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(B)(6) filed by Sterling Group LP. (McKirgan, Robert) |
| Filing 49 RESPONSE in Opposition re: #42 MOTION to Seal Document #32 Order on Motion to Seal Document Plaintiffs Renewed Motion to Seal Portions of the Second Amended Complaint, #34 MOTION to Seal Document #26 Order on Motion to Seal Document PLAINTIFFS RENEWED MOTION TO SEAL PORTIONS OF THEIR MOTION TO SET A PRELIMINARY INJUNCTION HEARING AND FOR EXPEDITED DISCOVERY PROCEDURES Defendant's Partial Objection to and Response to Plaintiffs' Renewed Motion to Seal Portions of the Second Amended Complaint filed by Sterling Group LP. (McKirgan, Robert) |
| Filing 52 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC ORAL ARGUMENT proceedings held on 09/30/2021, before Judge DOMINIC W. LANZA. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/8/2021. Redacted Transcript Deadline set for 11/18/2021. Release of Transcript Restriction set for 1/18/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 10/18/2021 (RAP). |
| Filing 48 RESPONSE in Opposition re: #37 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiffs' Second Amended Complaint For Failure to State A Claim Pursuant to Fed. R. Civ. P. 12(B)(6) filed by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Talbot, Bryce) |
| Filing 47 TRANSCRIPT REQUEST (Amended) by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010 for proceedings held on September 30, 2021, Judge Dominic W Lanza hearing judge(s). (Furnish, William) |
| Filing 46 TRANSCRIPT REQUEST by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010 for proceedings held on September 30, 2021, Judge Dominic W Lanza hearing judge(s). (Furnish, William) |
| Filing 45 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Oral Argument held on 9/30/2021 on the Court's own Motion at Doc. 41 "on the pending motion 'to set a preliminary injunction hearing and for expedited discovery procedures'". Argument held. For reasons as stated on the record, IT IS ORDERED denying Plaintiffs' request to authorize fairly extensive expedited discovery. IT IS FURTHER ORDERED directing counsel to meet and confer regarding these issues and if Plaintiffs' counsel remains dissatisfied said counsel may file a renewed request for expedited discovery based on the issues discussed this date. Defense counsel advises the Court that Defendant will voluntarily produce the nondisclosure agreement with the third party individual and will continue to confer with Plaintiffs' counsel. LATER: IT IS ORDERED denying Motion for Preliminary Injunction and for Expedited Discovery Procedures (Doc. 39). APPEARANCES: R. Douglas Dalton, William Furnish, David Isom and Bryce Talbot (all appearing telephonically) for Plaintiffs. Jean Frizzell, Robert McKirgan, Zachary Burford and Solace Southwick (all appearing telephonically) for Defendant. (Court Reporter Candy Potter) Hearing held 2:00 PM to 2:54 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Remark: Pro hac vice motion(s) granted for Solace Kirkland Southwick, Jean C Frizzell, Zachary Thomas Burford on behalf of Defendant Sterling Group LP. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 44 SEALED LODGED Proposed Second Amended Complaint for Preliminary Injunctive Relif, Restitution, Specific Performance and Damages re: #42 MOTION to Seal Document #32 Order on Motion to Seal Document Plaintiffs Renewed Motion to Seal Portions of the Second Amended Complaint. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Talbot, Bryce) |
| Filing 43 NOTICE re: Notice of Lodging and Good Faith Certificate by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010 re: #42 MOTION to Seal Document #32 Order on Motion to Seal Document Plaintiffs Renewed Motion to Seal Portions of the Second Amended Complaint, #38 Order on Motion to Seal Document . (Talbot, Bryce) |
| Filing 42 MOTION to Seal Document #32 Order on Motion to Seal Document Plaintiffs Renewed Motion to Seal Portions of the Second Amended Complaint by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Attachments: #1 Exhibit A: Declaration, #2 Proposed Order Proposed Order)(Talbot, Bryce) |
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Filing 41
ORDER: IT IS ORDERED that a telephonic oral argument on the pending motion "to set a preliminary injunction hearing and for expedited discovery procedures" (Docs. 10 [notice], 39 [sealed], 40 [redacted]) is set for September 30, 2021 at 2:00 p.m. (Arizona time). Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones, headsets and connection through the internet are not permitted. Ordered by Judge Dominic W Lanza on 9/27/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 40 NOTICE re: Notice of Filing Per Court Order by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010 re: #38 Order on Motion to Seal Document . (Attachments: #1 Attachment Plaintiffs Motion to Set a Preliminary Injunction Hearing and for Expedited Discovery Procedures)(Talbot, Bryce) |
| Filing 39 SEALED MOTION for Preliminary Injunction Hearing and for Expedited Discovery Procedures by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (MAP) |
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Filing 38
ORDER granting #34 Renewed Motion to Seal. The Clerk of Court shall file under seal the materials at Doc. #36 . Plaintiffs shall file in the public record a redacted version of these materials. Signed by Judge Dominic W Lanza on 9/23/21. (MAP)
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| Filing 37 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiffs' Second Amended Complaint For Failure to State A Claim Pursuant to Fed. R. Civ. P. 12(B)(6) by Sterling Group LP. (McKirgan, Robert) |
| Filing 36 *FILED at Doc. #39 *SEALED LODGED Proposed Plaintiffs Motion to Set a Preliminary Injunction Hearing and for Expedited Discovery Procedures re: #34 MOTION to Seal Document #26 Order on Motion to Seal Document PLAINTIFFS RENEWED MOTION TO SEAL PORTIONS OF THEIR MOTION TO SET A PRELIMINARY INJUNCTION HEARING AND FOR EXPEDITED DISCOVERY PROCEDURES. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Talbot, Bryce) *Modified on 9/23/2021 (MAP). |
| Filing 35 NOTICE re: Notice of Lodging and Good Faith Certificate by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010 re: #34 MOTION to Seal Document #26 Order on Motion to Seal Document PLAINTIFFS RENEWED MOTION TO SEAL PORTIONS OF THEIR MOTION TO SET A PRELIMINARY INJUNCTION HEARING AND FOR EXPEDITED DISCOVERY PROCEDURES . (Talbot, Bryce) |
| Filing 34 MOTION to Seal Document #26 Order on Motion to Seal Document PLAINTIFFS RENEWED MOTION TO SEAL PORTIONS OF THEIR MOTION TO SET A PRELIMINARY INJUNCTION HEARING AND FOR EXPEDITED DISCOVERY PROCEDURES by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Attachments: #1 Exhibit A: Johnson Declaration, #2 Proposed Order Proposed Order)(Talbot, Bryce) |
| Filing 33 *REPLY to Response to Motion re: #10 MOTION for Hearing by Plaintiffs Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Attachments: #1 Exhibit Exhibit Index and Exhibits A through C)(Talbot, Bryce) *Modified to reflect correct event; attorney noticed on 9/17/2021 (SST). |
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Filing 32
*ORDER denying without prejudice #28 Motion for Leave to Publicly File the SAC with Redactions, and File Under Seal an Unredacted Copy. Plaintiffs shall, by September 27, 2021, (1) file a renewed motion to seal portions of the SAC or (2) file in the public record an amended complaint without redactions. Signed by Judge Dominic W Lanza on 9/13/21. (MAP) *Modified document type on 9/14/2021 (SCH).
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| Filing 31 *DENIED By Doc. #32 *SEALED LODGED Proposed Second Amended Complaint for Preliminary and Permanent Injunctive Relief, Restitution, Specific Performance and Damages (Under Seal) re: #28 MOTION to Seal Document (Partially Seal Second Amended Complaint). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Talbot, Bryce) *Modified on 9/13/2021 (MAP). |
| Filing 30 *DENIED By Doc. #32 *SEALED LODGED Proposed Redline of comparison of Second Amended Complaint to First Amended Complaint re: #28 MOTION to Seal Document (Partially Seal Second Amended Complaint). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Talbot, Bryce) *Modified on 9/13/2021 (MAP). |
| Filing 29 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010 . (Talbot, Bryce) |
| Filing 28 MOTION to Seal Document (Partially Seal Second Amended Complaint) by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Attachments: #1 Proposed Order)(Talbot, Bryce) |
| Filing 27 RESPONSE in Opposition re: #10 MOTION for Hearing Response in Opposition to Plaintiffs' Motion to Set a Preliminary Injunction Hearing and for Expedited Discovery Procedures filed by Sterling Group LP. (McKirgan, Robert) |
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Filing 26
ORDER - (1) The motion to seal (Doc. #21 ) is denied without prejudice. (2) The Clerk shall unseal the FAC, which was previously filed under seal at Doc. #8 . (3) As for the Motion (and exhibits thereto), which was previously filed under seal at Doc. #8 -1, it will remain under seal for the time being. (4) Plaintiffs may, by September 21, 2021, file a renewed motion to seal portions of the Motion (and exhibits thereto). Any such motion must explain, with specificity, why each proposed redaction meets the standard for sealing. (5) If Plaintiffs do not file a renewed sealing motion by September 21, 2021, the Clerk shall file in the public record the Motion (and exhibits thereto) (Doc. #8 -1). (See document for further details). Signed by Judge Dominic W Lanza on 9/2/2021. (LAD)
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Filing 25
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #24 ) is granted. Plaintiffs shall file their Second Amended Complaint by September 8, 2021, Defendant shall file its response to the Second Amended Complaint by September 22, 2021, and Defendant shall file its response to Plaintiffs' Motion to Set a Preliminary Injunction Hearing and for Expedited Discovery by September 8, 2021. Ordered by Judge Dominic W Lanza on 8/31/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 24 STIPULATION to Extend Time to File Second Amended Complaint and Response to Pending Motion by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Attachments: #1 Proposed Order Proposed Order granting Extension)(Talbot, Bryce) |
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Filing 23
ORDER: IT IS ORDERED that the motion to substitute trustees for trusts (Doc. #20 ) is granted. (See Order for details.) Signed by Judge Dominic W Lanza on 8/30/21. (SST)
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| Filing 22 SEALED LODGED Proposed Plaintiffs' Motion to Set a Preliminary Injunction Hearing and for Expedited Discovery Procedures re: #21 MOTION to Seal Document #15 Order Motion to Allow Plaintiffs Motion for Preliminary Injunction Hearing and Expedited Discovery and Certain Accompanying Exhibits to Remain Partially Sealed. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Attachments: #1 Proposed Order Proposed Order to Motion to Seal)(Talbot, Bryce) |
| Filing 21 MOTION to Seal Document #15 Order Motion to Allow Plaintiffs Motion for Preliminary Injunction Hearing and Expedited Discovery and Certain Accompanying Exhibits to Remain Partially Sealed by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Talbot, Bryce) |
| Filing 20 MOTION to Substitute Party: substituting Robert Cole Johnson, a Trustee of the Johnson 2013 Irrevocable Trust, dated December 28, 2013 and Katherine M. Johnson, Trustee of the RCJ Irrevocable Trust, dated April 29, 2010 in place of Johnson 2013 Irrevocable Trust, Dated December 28, 2013 and RCJ Irrevocable Trust, dated April 29, 2010 by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. (Attachments: #1 Exhibit A and B, #2 Proposed Order)(Dalton, R) |
| Filing 19 Corporate Disclosure Statement by Sterling Group LP. (McKirgan, Robert) |
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Filing 18
PRELIMINARY ORDER [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/24/21. (MAW)
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| Filing 17 NOTICE TO PARTY OF DEFICIENCY 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 Sterling Group LP. (MAW) |
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Filing 16
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #14 ) is granted. Plaintiffs shall file the second amended complaint ("SAC") by September 1, 2021, and Defendant shall respond to the SAC by September 15, 2021. This does not affect the deadlines imposed by the Court's August 20, 2021 order (Doc. #15 ). If Plaintiffs wish to file the SAC, or portions thereof, under seal, Plaintiffs must file a motion to seal the SAC, separate from any motion to allow the first amended complaint to remain under seal. Ordered by Judge Dominic W Lanza on 8/24/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Remark: Pro hac vice motion(s) granted for David K Isom on behalf of Plaintiffs Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 15
ORDER: IT IS ORDERED that Plaintiffs file, by August 27, 2021, (1) a motion to substitute the trustees of the Johnson Trusts for the trusts themselves, accompanied by declarations establishing the citizenship for diversity purposes of the trustees, or (2) evidence that the Johnson Trusts are business trusts, capable of suing in their own names, accompanied by a list of each trust's members and the citizenship of each member IT IS FURTHER ORDERED that Plaintiff may, by August 27, 2021, file a motion to allow the FAC, motion for preliminary injunction, and/or the exhibits thereto to remain sealed, in full or in part. IT IS FURTHER ORDERED that if Plaintiff fails to file a sealing motion by August 27, 2021, the Clerk of Court shall file in the public record the FAC (Doc. 8) and the motion for preliminary injunction and the exhibits thereto (Doc. 8-1). (See Order for full details.) Signed by Judge Dominic W Lanza on 8/20/21. (SST)
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| Filing 14 STIPULATION Stipulation to Amend First Amended Complaint by Sterling Group LP. (McKirgan, Robert) |
| Filing 13 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Dominic W Lanza. All further pleadings/papers should now list the following COMPLETE case number: CV-21-1408-PHX-DWL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 12 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 11 Corporate Disclosure Statement by Paul Johnson Drywall Incorporated. (Talbot, Bryce) |
| Filing 10 *NOTICE re: Notice of Pending Motion and Request for Hearing by Johnson 2013 Irrevocable Trust, dated December 28, 2013, Paul Johnson Drywall Incorporated, RCJ Irrevocable Trust, dated April 29, 2010 . (Talbot, Bryce) Modified on 8/19/2021 to add motion type (KAH). |
| Filing 8 *Exhibit 4 (to #1 Notice of Removal) by Sterling Group LP. (Attachments: #1 Sealed Exhibit 7)(LAD) *Modified to UNSEAL the FAC and leave sealed #8 -1 pursuant to #26 Order on 9/3/2021 (LAD). |
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Filing 7
ORDER - Pending before the Court is Defendant's Motion to Seal and to Correct Caption. (Doc. #4 .) The Court will grant the Motion. IT IS ORDERED the Motion to Seal and to Correct Caption (doc. #4 ) is granted. The Clerk is directed to file Exhibits 4 (lodged at doc. #5 ) and 7 (lodged at doc. #6 ) to Defendants Notice of Removal under seal. IT IS FURTHER ORDERED that the Clerk is directed to amend the caption in this matter to show Sterling Group, L.P. as the named, and only, defendant in this action. Signed by Magistrate Judge John Z Boyle on 8/16/2021. (LAD)
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| Filing 6 *(Filed at Doc. #8 ) SEALED LODGED Proposed re: #4 MOTION to Seal Document Defendant's Motion to Seal and to Correct Caption. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Sterling Group. (McKirgan, Robert) Modified on 8/16/2021 (LAD). |
| Filing 5 *(Filed at Doc. #8 ] SEALED LODGED Proposed re: #4 MOTION to Seal Document Defendant's Motion to Seal and to Correct Caption. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Sterling Group. (McKirgan, Robert) Modified on 8/16/2021 (LAD). |
| Filing 4 MOTION to Seal Document Defendant's Motion to Seal and to Correct Caption by Sterling Group. (McKirgan, Robert) |
| Filing 3 Filing fee paid, receipt number 0970-19766451. This case has been assigned to the Honorable John Z Boyle. All future pleadings or documents should bear the correct case number: CV-21-1408-PHX-JZB. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (DLC) |
| Filing 2 DECLARATION of Robert H McKirgan by Defendant Defendant Limited Partnership. (McKirgan, Robert) (DLC) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2021-011077. Filing fee received: $ 402.00, receipt number 0970-19766451 filed by Defendant Limited Partnership. (McKirgan, Robert) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet Exhibit 2, #3 Exhibit 1 - Index of Exhibits, #4 Exhibit 3 - State Court Docket, #5 Exhibit 4 - To be filed under seal, #6 Exhibit 5 - State Court Summons, #7 Exhibit 6 - Affidavits of Service, #8 Exhibit 7 - To be filed under seal, #9 Exhibit 8 - State Court Civil Cover Sheet, #10 Exhibit 9 - Certificate of Compulsory Arbitration, #11 Exhibit 10 - Plantiff's original complaint, #12 Exhibit 11 - Motion to File Amended Complaint Under Seal, #13 Exhibit 12 - Certificate of Good Faith Efforts to Resolve Filing Under Seal, #14 Exhibit 13 - Plaintiff's Motion for Leave to File Under Seal, #15 Exhibit 14 - Certificate of Good Faith Efforts to Resolve Filing Under Seal, #16 Exhibit 15 - Court's Minute Entry of 8/9/2021)(DLC) |
| ***STATE COURT RECORD RECEIVED*** SERVICE EXECUTED: Affidavit of Service re: Summons; Complaint for Preliminary and Permanent Injunctive Relief Restitution, Specific Performance and Damages; Certificate of Compulsory Arbitration; Rule 7.1(h) Certificate of Good Faith Efforts to Resolve Filing Under Seal; Motion for Leave to File Under Seal; First Amended Complaint for Preliminary and Permanent Injuctive Relief, Restitution, Specific Performance and Damages; Proposed Order to: Brian Henry as Partner at Defendant Limited Partnership upon Defendant Limited Partship on 7/22/2021. (Original filed in Maricopa Superior Court on 8/3/2021.) (DLC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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