Rivero et al v. Kan et al
Plaintiff: Orbelio Diaz Rivero, Yoandry Pereira Ruiz and Dayana Ramirez Perez
Defendant: Xiangyu Kan wife doing business as KF Transportation Incorporated, Unknown Kan, FMCSA Motor Carrier a California Incorporation doing business as KF Transportation, Unknown Parties, Xiangyu Kan, Fei Fan and KF Transportation Incorporated
Case Number: 2:2021cv01660
Filed: September 27, 2021
Court: US District Court for the District of Arizona
Presiding Judge: Dominic W Lanza
Referring Judge: Steven P Logan
Nature of Suit: Personal Injury: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2021 Filing 13 *NOTICE re: Service of #11 Preliminary Order by Orbelio Diaz Rivero, Yoandry Pereira Ruiz, Dayana Ramirez Perez. (Horton, Ricky) *Modified to add document link and additional filers on 11/18/2021 (REK).
November 17, 2021 Opinion or Order Filing 12 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 December 15, 2021 [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/17/21. (MAW)
November 17, 2021 Opinion or Order Filing 11 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 December 28, 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 11/17/21. (MAW)
November 15, 2021 Filing 10 NOTICE re: of Filing Declaration by Fei Fan, KF Transportation Incorporated, Xiangyu Kan re: #9 Order, Set Deadlines . (Attachments: #1 Exhibit A)(Galbraith, Corey)
November 9, 2021 Opinion or Order Filing 9 ORDER that the Clerk of Court shall amend the docket to reflect that the Defendants to this action are as follows: Xiangyu Kan, husband (there should not be a "d/b/a" designation for this Defendant); Fei Fan, wife (named as John Doe Kan); KF Transportaion, Inc.; Unknown Parties, named as John Does 1-5; Jane Does 2-5; Black Corporations 1-5; and White Partnerships 1-5. IT IS FURTHER ORDERED that Defendants shall, by November 15, 2021, file a declaration that (1) affirmatively states the state of citizenship for Kan and Fan, using the proper legal standard (state of domicile, not state of residence), and (2) identifies the place where KF Transportation, Inc. is incorporated and the location of its principal place of business. IT IS FURTHER ORDERED that if Defendants fail to file the required declaration by the deadline, the Clerk o Court shall remand this action to state court without further notice. Signed by Judge Dominic W Lanza on 11/08/2021. (REK)
October 4, 2021 Filing 8 Corporate Disclosure Statement by Xiangyu Kan. (Spicker, Clarice)
October 4, 2021 Filing 7 DEFENDANT'S DEMAND for Jury Trial by Xiangyu Kan. (Spicker, Clarice)
October 4, 2021 Filing 6 ANSWER to #1 Notice of Removal with Jury Demand Answer to Plaintiffs' Second Amended Complaint by Xiangyu Kan.(Spicker, Clarice)
October 4, 2021 Opinion or Order Filing 5 ORDER that this case has been reassigned by random lot to the Honorable Dominic W. Lanza, United States District Court Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-21-01660-PHX-DWL. Signed by Judge Steven P Logan on 10/01/2021. (REK)
September 28, 2021 Filing 4 NOTICE re: of Service of Preliminary Order on Plaintiffs by Xiangyu Kan re: #3 Order . (Galbraith, Corey)
September 27, 2021 Opinion or Order Filing 3 ORDER governing these proceedings issued. See order for details. Signed by Judge Steven P Logan on 9/27/21. (SJF)
September 27, 2021 Filing 2 Filing fee paid, receipt number 0970-19906529. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-21-1660-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC)
September 27, 2021 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2021-004135. Filing fee received: $ 402.00, receipt number 0970-19906529 filed by Xiangyu Kan. (Spicker, Clarice) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B)(ARC)
September 27, 2021 ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED : Declaration of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Xiangyu Kan on 4/2/2021. (Original filed in Maricopa County Superior Court on 4/12/2021) (ARC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Plaintiff: Orbelio Diaz Rivero
Represented By: Amy Molina Conway
Represented By: Lloyd Wheeler Baker
Represented By: Ricky John Horton
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Plaintiff: Yoandry Pereira Ruiz
Represented By: Amy Molina Conway
Represented By: Lloyd Wheeler Baker
Represented By: Ricky John Horton
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Plaintiff: Dayana Ramirez Perez
Represented By: Lloyd Wheeler Baker
Represented By: Ricky John Horton
Represented By: Amy Molina Conway
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Defendant: Xiangyu Kan wife doing business as KF Transportation Incorporated
Represented By: Clarice A Spicker
Represented By: Corey Alan Galbraith
Represented By: Phillip H Stanfield
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Defendant: Unknown Kan
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Defendant: FMCSA Motor Carrier a California Incorporation doing business as KF Transportation
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Defendant: Unknown Parties
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Defendant: Xiangyu Kan
Represented By: Clarice A Spicker
Represented By: Corey Alan Galbraith
Represented By: Phillip H Stanfield
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Defendant: Fei Fan
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Defendant: KF Transportation Incorporated
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