PZZT AZ LLC et al v. Waste Connections of Arizona Incorporated
Plaintiff: PZZT AZ LLC and RAD Earnout LLC
Defendant: Waste Connections of Arizona Incorporated
Case Number: 2:2021cv01941
Filed: November 16, 2021
Court: US District Court for the District of Arizona
Presiding Judge: Deborah M Fine
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2023 Filing 28 STATUS REPORT Joint by PZZT AZ LLC, RAD Earnout LLC. (Zwillinger, Scott)
August 15, 2023 Opinion or Order Filing 27 ORDER that the parties shall file their joint status report to the Court no later than fourteen (14) days from the date of this Order. See document for complete details. Signed by Magistrate Judge Deborah M Fine on 8/14/2023. (WLP)
May 5, 2023 Filing 26 STATUS REPORT by PZZT AZ LLC, RAD Earnout LLC. (Zwillinger, Scott)
May 4, 2023 Opinion or Order Filing 25 ORDER that the parties shall file their joint status report to the Court no later than fourteen (14) days from the date of this Order. See document for complete details. Signed by Magistrate Judge Deborah M Fine on 5/4/2023. (WLP)
March 6, 2023 Opinion or Order Filing 24 STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER - See document for complete details. Signed by Magistrate Judge Deborah M Fine on 3/6/2023. (WLP)
March 1, 2023 Filing 23 MOTION for Protective Order by Waste Connections of Arizona Incorporated. (Attachments: #1 Proposed Order)(Dauphine, Dawn)
January 27, 2023 Filing 22 REPORT of Joint Status Report by Plaintiffs PZZT AZ LLC, RAD Earnout LLC. (Zwillinger, Scott)
October 31, 2022 Filing 21 JOINT STATUS REPORT by Waste Connections of Arizona Incorporated. (Dauphine, Dawn) Modified text on 11/1/2022 (WLP).
August 1, 2022 Filing 20 STATUS REPORT JOINT by Waste Connections of Arizona Incorporated. (Dauphine, Dawn)
May 4, 2022 Opinion or Order Filing 19 ORDER granting in part as set forth herein Defendant's Motion to Stay the Matter and Compel Arbitration #4 . Arbitration through the certified public accountant process set forth in Paragraph 1.5(b) of the Agreement is compelled on Counts Three and Four of the Complaint as well as the portion of Count Five (promissory estoppel) relating to the allegation that Waste Connections made promises that "Waste Connections would compensate and 'make it up' to Plaintiffs at the time of the Contingent Payment for the additional expenses and other business impacts related to the transfer hauling subcontracting: (Doc. #1 -4; Complaint 156 subsection (2); see also id. 81: "when later calculating the Contingent Payment amount, Waste Connections limited its 'credit' to roughly half of the monthly expense amount"). IT IS FURTHER ORDERED that these proceedings are stayed pending resolution of the arbitration. IT IS FURTHER ORDERED that the parties shall file a joint status report with this Court, setting forth the progress of the arbitration before the certified public accountant, within 90 days of the date this Order is filed and then every 90 days thereafter. Signed by Magistrate Judge Deborah M Fine on 5/04/2022. (REK)
April 28, 2022 Filing 18 MINUTE ENTRY for proceedings held before Magistrate Judge Deborah M Fine: Telephonic Oral Argument on Defendant's Motion to Stay the Matter and Compel Arbitration #4 is held on 4/28/2022. Argument is presented. Defendant's Motion to Stay the Matter and Compel Arbitration #4 is taken under advisement. APPEARANCES: Telephonic appearance by Scott Zwillinger for Plaintiffs. Telephonic appearance by William Maledon and Dawn Dauphine for Defendant. (Recorded by COURTSMART.) Hearing held 10:05 AM to 11:08 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AJC)
March 17, 2022 Opinion or Order Filing 17 ORDER setting telephonic oral argument regarding Defendant's Motion to Stay the Matter and Compel Arbitration (Doc. #4 ) for April 28, 2022, at 10:00 a.m. before Judge Fine. The Court has set aside one hour for this hearing. Counsel will receive dial-in instructions via separate electronic communication prior to the scheduled hearing. Signed by Magistrate Judge Deborah M Fine on 3/17/2022. (WLP)
January 11, 2022 Filing 16 REPLY to Response to Motion re: #4 MOTION to Stay filed by Waste Connections of Arizona Incorporated. (Attachments: #1 Exhibit 1 to 4)(Maledon, William)
December 23, 2021 Filing 15 *NOTICE re: Notice of Filing of Powell Declaration by PZZT AZ LLC, RAD Earnout LLC re: #14 Reply to Response to Motion . (Attachments: #1 Exhibit A - Powell Declaration)(Zwillinger, Scott) *Modified text on 12/23/2021 (WLP).
December 22, 2021 Filing 14 RESPONSE to Motion re: #4 MOTION to Stay filed by PZZT AZ LLC, RAD Earnout LLC. (Attachments: #1 Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit C)(Zwillinger, Scott) *Modified to correct event on 12/23/2021 (WLP).
December 1, 2021 Filing 13 Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Deborah M Fine conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
November 30, 2021 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)
November 30, 2021 Opinion or Order Filing 11 ORDER granting the parties' Joint Motion to Extend Briefing Schedule re: Defendant's Motion to Stay the Matter and Compel Arbitration (Doc. #10 ). IT IS FURTHER ORDERED that Plaintiffs shall file their response to Defendant's Motion to Stay the Matter and Compel Arbitration (Doc. #4 ) on or before December 22, 2021. IT IS FURTHER ORDERED that Defendant shall file its reply, if any, in support of Defendant's Motion to Stay the Matter and Compel Arbitration (Doc. #4 ) on or before January 11, 2022. Signed by Magistrate Judge Deborah M Fine on 11/30/2021. (WLP)
November 30, 2021 Filing 10 Joint MOTION for Extension of Time for Briefing Schedule Re: Defendant's Motion to Stay the Matter and Compel Arbitration First Request by PZZT AZ LLC, RAD Earnout LLC. (Attachments: #1 Proposed Order)(Zwillinger, Scott)
November 22, 2021 Opinion or Order Filing 8 ORDER granting the parties' Stipulation to Extend Time to Respond to Complaint #7 . Defendant Waste Connections of Arizona, Inc. shall respond to the Complaint the later of January 18, 2022, or 20 days after this Court rules on Defendant's Motion to Stay the Matter and Compel Arbitration. Signed by Magistrate Judge Deborah M Fine on 11/22/2021. (REK)
November 22, 2021 Filing 7 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (First Request) by Waste Connections of Arizona Incorporated. (Attachments: #1 Proposed Order)(Maledon, William)
November 17, 2021 Filing 6 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)
November 16, 2021 Filing 4 MOTION to Stay the Matter and Compel Arbitration by Waste Connections of Arizona Incorporated. (Attachments: #1 Affidavit Declaration of WJM to Motion to Stay the Matter and Compel Arbitration, #2 Exhibit 1 and 2, #3 Proposed Order)(BAC)
November 16, 2021 Filing 3 Filing fee paid, receipt number 0970-20071912. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV-21-01941-PHX-DMF. 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. (BAC)
November 16, 2021 Filing 2 Corporate Disclosure Statement by Waste Connections of Arizona Incorporated. (Maledon, William) (BAC)
November 16, 2021 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2021-016460. Filing fee received: $402.00, receipt number 0970-20071912 filed by Waste Connections of Arizona Incorporated. (Maledon, William) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Affidavit Declaration of WJM to Notice of Removal, #4 Exhibit A and B)(BAC)

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Plaintiff: PZZT AZ LLC
Represented By: Lawrence J Wulkan
Represented By: Scott H Zwillinger
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Plaintiff: RAD Earnout LLC
Represented By: Lawrence J Wulkan
Represented By: Scott H Zwillinger
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Defendant: Waste Connections of Arizona Incorporated
Represented By: Dawn L Dauphine
Represented By: William J Maledon
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