Uzzanti v. Kelsar Incorporated et al
| Timothy Uzzanti |
| Kelsar Incorporated a Domestic Corporation doing business as Synergy Homecare of Paradise Valley, Unknown Parties, Synergy HomeCare Franchising LLC a domestic limited liability company doing business as Synergy Homecare of the East Valley, Endredy Enterprises LLC, Michael Endredy and Unknown Endredy |
| 2:2022cv00114 |
| January 21, 2022 |
| US District Court for the District of Arizona |
| Susan R Bolton |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2022. A more recent docket listing may be available from PACER.
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| Filing 24 *MEMORANDUM Supplemental Memoranda re Remand by Defendants Kelsar Incorporated. (Kanno, Rita) *Modified to remove terminated party as a filer on 3/11/2022 (SST). |
| Filing 23 MEMORANDUM Supplemental Memorandum in Support of Motion for Remand by Plaintiff Timothy Uzzanti. (Combs, C) |
Filing 22
ORDER granting #21 Joint Motion for Stipulated Briefing Schedule for Motion to Dismiss and setting the briefing schedule as follows: Plaintiff's Response to Motion to Dismiss due 14 days following a denial of the Plaintiff's Motion for Remand. Defendant's Reply to Motion to Dismiss due 7 days following the Plaintiff's Response to Motion to Dismiss. Signed by Senior Judge Susan R Bolton on 3/3/22. (MAW)
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| Filing 21 Joint MOTION Stipulated Briefing Schedule for Motion to Dismiss by Timothy Uzzanti. (Attachments: #1 Proposed Order Proposed Order)(Combs, C) |
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Filing 20
ORDER: Pending before the Court is Plaintiff's 28 U.S.C. 1447(c) Motion to Remand. After Defendant filed its Opposition to the Motion, the Ninth Circuit Court of Appeals issued its decision in Saldana v. Glenhaven Healthcare LLC, No. 20-56194, 2022 WL 518989 (9th Cir. Feb. 22, 2022) which rejected removal jurisdiction on the three bases asserted by Defendant in its Notice of Removal. IT IS ORDERED that the parties filed simultaneous Supplemental Memoranda not to exceed five pages addressing the Saldana case and whether its holding requires that this case be remanded. The Memoranda shall be filed not later than March 10, 2022. Signed by Senior Judge Susan R Bolton on 3/1/22. (MAW)
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| Filing 19 REPLY to Response to Motion re: #12 MOTION to Remand to State Court filed by Timothy Uzzanti. (Combs, C) |
| Filing 18 *MOTION to Dismiss Case by Kelsar Incorporated. (Kanno, Rita) *Modified to remove terminated party as a filer on 2/22/2022 (SST). |
| Filing 17 *RESPONSE to Motion re: #12 MOTION to Remand to State Court by Kelsar Incorporated. (Attachments: #1 Attachment Request for Judicial Motion to Remand and in Support of Motion to Dismiss, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Errata Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21, #23 Exhibit Exhibit 22, #24 Exhibit Exhibit 23, #25 Exhibit Exhibit 24, #26 Exhibit Exhibit 25, #27 Exhibit Exhibit 26, #28 Attachment Certificate of Service)(Kanno, Rita) *Modified to reflect correct event and to remove terminated party as a filer; attorney noticed on 2/22/2022 (SST). |
| Remark: Pro hac vice motion(s) granted for Lann McIntyre on behalf of Defendant Kelsar Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 16
ORDER: IT IS ORDERED striking Defendant's Notice of Motion to Dismiss or, Alternatively, for 12(i) Hearing and Memorandum of Points and Authorities in Support of Motion to Dismiss or, Alternatively, for 12(i) Hearing for failure to comply with LRCiv 7.2(e)(1). (Docs. #15 and 15.1) IT IS FURTHER ORDERED that Defendant may have a third and final chance to refile its Motion in compliance with LRCiv 7.2(e)(1). IT IS FURTHER ORDERED that no motion to exceed the page limit will be granted [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 2/15/22. (MAW)
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| Remark: Out of state attorney Lann G McIntyre terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 15 *STRICKEN per Doc. #16 * *MOTION to Dismiss Case or, Alternatively, MOTION for Hearing (Refiled) by Kelsar Incorporated. (Attachments: #1 Supplement (REFILED) Memorandum of Points and Authorities, #2 Supplement (Proposed Order), #3 Supplement (Certificate of Good Faith Consultation of Rita R. Kanno), #4 Supplement (Defendant's Request for Judicial Notice in Support of Motion to Dismiss), #5 Exhibit 1 (Re Request for Judicial Ntc), #6 Exhibit 2 (Re Request for Judicial Ntc), #7 Exhibit 3 (Re Request for Judicial Ntc), #8 Exhibit 4 (Re Request for Judicial Ntc), #9 Exhibit 5 (Re Request for Judicial Ntc), #10 Exhibit 6 (Re Request for Judicial Ntc), #11 Exhibit 7 (Re Request for Judicial Ntc), #12 Exhibit 8 (Re Request for Judicial Ntc), #13 Exhibit 9 (Re Request for Judicial Ntc), #14 Exhibit 10 (Re Request for Judicial Ntc), #15 Exhibit 11 (Re Request for Judicial Ntc), #16 Exhibit 12 (Re Request for Judicial Ntc), #17 Exhibit 13 (Re Request for Judicial Ntc), #18 Exhibit 14 (Re Request for Judicial Ntc), #19 Exhibit 15 (Re Request for Judicial Ntc), #20 Exhibit 16 (Re Request for Judicial Ntc), #21 Exhibit 17 (Re Request for Judicial Ntc), #22 Exhibit 18 (Re Request for Judicial Ntc), #23 Exhibit 19 (Re Request for Judicial Ntc), #24 Exhibit 20 (Re Request for Judicial Ntc), #25 Exhibit 21 (Re Request for Judicial Ntc), #26 Exhibit 22 (Re Request for Judicial Ntc), #27 Exhibit 23 (Re Request for Judicial Ntc), #28 Exhibit 24 (Re Request for Judicial Ntc), #29 Exhibit 25 (Re Request for Judicial Ntc), #30 Exhibit 26 (Re Request for Judicial Ntc))(Kanno, Rita). *Modified to add motion part; attorney noticed on 2/11/2022 (SST). Modified on 2/15/2022 (MAW). |
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Filing 14
ORDER: IT IS ORDERED striking Defendant's Motion to Dismiss for failure to comply with LRCiv 7.2(e)(1). (Doc. #13 ). Signed by Senior Judge Susan R Bolton on 2/8/22. (MAW)
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| Filing 13 *STRICKEN per Doc. #14 * MOTION to Dismiss Case by Kelsar Incorporated. (Attachments: #1 Supplement (Notice of Refiling), #2 Proposed Order (Granting Defendant's Motion to Dismiss), #3 Supplement (Certificate of Good Faith Consultation of Rita R. Kanno), #4 Supplement (Defendant's Request for Judicial Notice in Support of Motion to Dismiss), #5 Exhibit 1 (Re Request for Judicial Ntc), #6 Exhibit 2 (Re Request for Judicial Ntc), #7 Exhibit 3 (Re Request for Judicial Ntc), #8 Exhibit 4 (Re Request for Judicial Ntc), #9 Exhibit 5 (Re Request for Judicial Ntc), #10 Exhibit 6 (Re Request for Judicial Ntc), #11 Exhibit 7 (Re Request for Judicial Ntc), #12 Exhibit 8 (Re Request for Judicial Ntc), #13 Exhibit 9 (Re Request for Judicial Ntc), #14 Exhibit 10 (Re Request for Judicial Ntc), #15 Exhibit 11 (Re Request for Judicial Ntc), #16 Exhibit 12 (Re Request for Judicial Ntc), #17 Exhibit 13 (Re Request for Judicial Ntc), #18 Exhibit 14 (Re Request for Judicial Ntc), #19 Exhibit 15 (Re Request for Judicial Ntc), #20 Exhibit 16 (Re Request for Judicial Ntc), #21 Exhibit 17 (Re Request for Judicial Ntc), #22 Exhibit 18 (Re Request for Judicial Ntc), #23 Exhibit 19 (Re Request for Judicial Ntc), #24 Exhibit 20 (Re Request for Judicial Ntc), #25 Exhibit 21 (Re Request for Judicial Ntc), #26 Exhibit 22 (Re Request for Judicial Ntc), #27 Exhibit 23 (Re Request for Judicial Ntc), #28 Exhibit 24 (Re Request for Judicial Ntc), #29 Exhibit 25 (Re Request for Judicial Ntc), #30 Exhibit 26 (Re Request for Judicial Ntc))(Kanno, Rita) Modified on 2/8/2022 (MAW). |
| Filing 12 MOTION to Remand to State Court by Timothy Uzzanti. (Attachments: #1 Proposed Order Proposed Order re Motion for Remand)(Combs, C) |
| Filing 11 Corporate Disclosure Statement by Kelsar Incorporated. (Kanno, Rita) |
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Filing 10
ORDER: On January 24, 2022, the Court issued an Order (Doc. #7 ) advising Defendant Kelsar Incorporated that its corporate disclosure statement (Doc. #2 ) was incomplete. Defendant was directed to file an amended corporate disclosure statement no later than January 26, 2022. As of this date, no amended corporate disclosure statement has been filed. IT IS ORDERED directing Defendant Kelsar Incorporated to file its amended corporate disclosure statement no later than February 2, 2022. Failure to file the Corporate Disclosure Statement shall result in sanctions being imposed. Signed by Senior Judge Susan R Bolton on 1/28/22. (MAW)
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| Remark: Pro hac vice motion(s) granted for Rita Rebecca Kanno on behalf of Defendant Kelsar Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 9
ORDER denying #8 Stipulation to Extend Time for Defendant to Respond to Plaintiff's Complaint and to Continue Scheduling Conference. IT IS FURTHER ORDERED that Defendants file their responsive pleading not later than February 4, 2022. Depending on the nature of the responsive pleading, i.e. an answer or motion, the Court will consider a possible stipulation to delay setting any Rule 16 Scheduling Conference. Signed by Senior Judge Susan R Bolton on 1/27/22. (MAW)
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| Filing 8 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (Stipulation to Extend Time for Defendant to Respond to Plaintiff's Complaint and to Continue Scheduling Conference) by Kelsar Incorporated. (Attachments: #1 Proposed Order (Re Stipulation to Extend Time for Defendant to Respond to Plaintiff's Complaint and to Continue Scheduling Conference))(Kanno, Rita) |
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Filing 7
ORDER: The Court has reviewed Defendant Kelsar Incorporated's Corporate Disclosure Statement (Doc. #2 ). The section of the form entitled "The filing party hereby declares as follows" is incomplete. IT IS ORDERED directing Defendant to file an amended corporate disclosure statement no later than January 26, 2022. Signed by Senior Judge Susan R Bolton on 1/24/22. (MAW)
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| Filing 6 SUPPLEMENT (Supplemental Civil Cover Sheet) re: #1 Notice of Removal by Defendant Kelsar Incorporated. (Kanno, Rita) |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Kelsar Incorporated. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the Supplemental Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please file 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. (SCA) |
| Filing 4 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 Kelsar Incorporated. (SCA) |
| Filing 3 Filing fee paid, receipt number 0970-20266419. This case has been assigned to the Honorable Susan R Bolton. All future pleadings or documents should bear the correct case number: CV-22-00114-PHX-SRB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA) |
| Filing 2 Corporate Disclosure Statement by Kelsar Incorporated. (Kanno, Rita) (SCA) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2021-01524. Filing fee received: $ 402.00, receipt number 0970-20266419 filed by Kelsar Incorporated. (Kanno, Rita) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(SCA) |
| ***STATE COURT RECORDS RECEIVED***SERVICE EXECUTED : Certificate of Service re: Summons, Complaint, First Amended Complaint and Certificate of Compulsory Arbitration upon Sarah Engelhardt, Statutory Agent for Kelsar Incorporated on 12/22/2021. (Original filed in Maricopa County Superior Court on 12/23/2021) (SCA) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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