SDP Kyrene LLC v. Kyrene Shopping Center LLC
| SDP Kyrene LLC |
| Kyrene Shopping Center LLC and GBLS Commercial Real Estate Services, Inc. |
| SDP 44 LLC, Cameron Warren, Nicholas Dedona and GBLS Commercial Real Estate Services, Inc. an Arizona corporation doing business as Phoenix Commercial Advisors |
| 2:2022cv00987 |
| June 7, 2022 |
| US District Court for the District of Arizona |
| John Z Boyle |
| Michael T Liburdi |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 49 AMENDED COMPLAINT Verified Amended Complaint against Kyrene Shopping Center LLC filed by SDP Kyrene LLC. (Shull, Robert) |
| Filing 48 RESPONSE to Motion re: #41 MOTION for Preliminary Injunction Renewed Motion for Preliminary Injunction filed by Kyrene Shopping Center LLC. (Stipp, Mitchell) |
| Filing 46 TRANSCRIPT REQUEST by SDP Kyrene LLC for proceedings held on 8/1/2022, Judge Michael T Liburdi hearing judge(s). (Bellamy, Fredric) |
| Remark: Pro hac vice motion(s) granted for Mitchell D Stipp on behalf of ThirdParty Plaintiff Kyrene Shopping Center LLC, Counter Claimant Kyrene Shopping Center LLC, Defendant Kyrene Shopping Center LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 47 MINUTE ENTRY for proceedings held before Judge Michael T Liburdi: Status Conference held on 8/1/2022. IT IS ORDERED granting Plaintiff's Motion for Leave to File Amended Complaint by SDP Kyrene LLC (Doc. #30 ). IT IS FURTHER ORDERED continuing the Rule 16 currently set for Wednesday, August 10, 2022, at 9:00 a.m. to Friday, August 19, 2022 at 9:00 a.m. in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T Liburdi. IT IS FURTHER ORDERED that the Rule 26(f) Report shall be filed no later than August 12, 2022. IT IS FURTHER ORDERED affirming the preliminary injunction hearing (Doc. 25) on Wednesday, August 10, 2022, at 9:00 a.m. (Court Reporter Catherine Taylor) Hearing held 3:01 PM to 3:45 PM.(AO) |
| Filing 45 NOTICE of Appearance by Christian CM Beams on behalf of Kyrene Shopping Center LLC. (Beams, Christian) |
Filing 44
ORDER: IT IS ORDERED that the Emergency Request to Appear Telephonically for Status Conference, (Doc. #43 ), is denied. Ordered by Judge Michael T. Liburdi on 7/29/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 43 REQUEST re: request to appear telephonically by ThirdParty Plaintiff Kyrene Shopping Center LLC. (Attachments: #1 Proposed Order Order Allowing Telephonic Appearance)(Beams, Christian) |
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Filing 42
ORDER: IT IS ORDERED setting an in-person status conference for Monday, August 1, 2022 at 3:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003. Counsel shall appear in person for the hearing and shall be prepared to address the Motion for Leave to File Amended Complaint (Doc. #30 ). Ordered by Judge Michael T Liburdi on 7/29/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO)
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| Filing 41 MOTION for Preliminary Injunction Renewed Motion for Preliminary Injunction by SDP Kyrene LLC. (Attachments: #1 Proposed Order)(Shull, Robert) |
| Filing 40 REPLY to Response to Motion re: #30 MOTION to Amend/Correct Plaintiff's Motion for Leave to File Amended Complaint Plaintiff's Reply in Support of Motion for Leave to File Amended Complaint filed by SDP Kyrene LLC. (Shull, Robert) |
| Filing 39 RESPONSE in Opposition re: #30 MOTION to Amend/Correct Plaintiff's Motion for Leave to File Amended Complaint filed by Kyrene Shopping Center LLC. (Attachments: #1 Attachment Declaration and Exhibits)(Beams, Christian) |
| Filing 38 *NOTICE of Errata to #35 Answer, affirmative defenses and counterclaims by ThirdParty Plaintiff Kyrene Shopping Center LLC. (Beams, Christian) *Modified to add document linkage on 7/26/2022 (LAD). |
| Filing 37 *NOTICE of Errata re #36 by ThirdParty Plaintiff Kyrene Shopping Center LLC. (Beams, Christian) *Modified t add document linkage on 7/26/2022 (LAD). |
| Filing 36 THIRD PARTY COMPLAINT against SDP 44 LLC, GBLS Commercial Real Estate Services, Inc., Cameron Warren, Nicholas Dedona filed by Kyrene Shopping Center LLC.(Beams, Christian) |
| Filing 35 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against SDP Kyrene LLC by Kyrene Shopping Center LLC.(Beams, Christian) |
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Filing 33
ORDER: IT IS ORDERED granting Plaintiff's Motion for Expedited Consideration (Doc. #31 ). IT IS FURTHER ORDERED that Defendant shall file its Response to the Motion for Leave to File an Amended Complaint (Doc. #30 ) no later than July 25, 2022, and Plaintiff shall file its Reply, if it so chooses, no later than July 27, 2022. Ordered by Judge Michael T Liburdi on 7/20/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO)
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| Filing 32 DEFENDANT'S DEMAND for Jury Trial by Kyrene Shopping Center LLC. (Beams, Christian) |
| Filing 31 MOTION to Expedite Filing Amended Complaint Plaintiff's Motion for Expedited Consideration by SDP Kyrene LLC. (Attachments: #1 Proposed Order)(Shull, Robert) |
| Filing 30 *MOTION for Leave to File Amended Complaint by SDP Kyrene LLC. (Attachments: #1 Attachments to Motion for Leave (2) Proposed Order)(Shull, Robert) *Modified on 7/20/2022 to correct docket text. (SMH) |
| Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUCTION proceedings held on 07/11/2022, before Judge MICHAEL T. LIBURDI. [Court Reporter: Cathy J. Taylor, RPR, CRR, CRC, Telephone number (602) 322-7249]. 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 8/12/2022. Redacted Transcript Deadline set for 8/22/2022. Release of Transcript Restriction set for 10/20/2022. (RAP) |
| Filing 29 TRANSCRIPT REQUEST by SDP Kyrene LLC for proceedings held on July 11, 2022, Judge Michael T Liburdi hearing judge(s). (Bellamy, Fredric) |
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Filing 28
ORDER granting #27 Stipulation to Vacate Hearing on TRO. IT IS HEREBY ORDERED that Defendant shall not (a) enter any new lease agreements; (b) renew or extend any existing lease agreements; or (c) modify any existing lease agreements, with respect to the Property, as defined in the Stipulation. This Order shall remain in effect until 5:00 p.m. on August 10, 2022, unless otherwise ordered by the Court. IT IS FURTHER ORDERED the August 10, 2022, (9:00 a.m.) Preliminary Injunction Hearing before Judge Liburdi is confirmed. IT IS FURTHER ORDERED the Temporary Restraining Order Hearing currently set for July 13, 2022 at 1:00 p.m. is vacated. See attached PDF for complete details. Signed by Senior Judge James A. Teilborg on 7/13/22. (MJF)
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| Filing 27 STIPULATION Stipulation to Vacate Hearing on TRO by SDP Kyrene LLC. (Attachments: #1 Proposed Order)(Shull, Robert) |
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Filing 26
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference set for Wednesday, August 10, 2022, at 09:00 AM, in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T Liburdi. The parties must file the Joint Proposed Case Management Report by August 3, 2022. See the attached order for additional information. Signed by Judge Michael T Liburdi on 7/12/2022. (AO)
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| Filing 24 REPLY to Response to Motion re: #16 MOTION for Temporary Restraining Order and Preliminary Injunction and Request to Consolidate Hearing with Trial on the Merits Regarding Plaintiffs Request for Specific Performance Reply in Support of Plaintiff's Motion for Temporary Restraining Order filed by SDP Kyrene LLC. (Shull, Robert) |
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Filing 23
ORDER: Plaintiff has not filed its supplement to its Motion for Temporary Restraining Order, which was due at 1:00 today. IT IS ORDERED that Plaintiff shall file the reply brief no later than 3:00 p.m. today or the right to reply will be forfeited. Defendant shall be provided an extra 2 hours to file its sur-reply. Ordered by Judge Michael T Liburdi on 7/12/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO)
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Filing 22
ORDER RE HEARING ON TEMPORARY MOTION FOR TEMPORARY RESTRAINING ORDER: IT IS ORDERED confirming a hearing on Plaintiffs Motion for Temporary Restraining Order (Doc. #16 ) on Wednesday, July 13, 2022 at 1:00 p.m. before the undersigned; this hearing will be held at 401 W. Washington Street, Phoenix, Arizona 85003, Courtroom 503. This hearing will address only the portions of Doc. #16 that seek temporary restraining order to enjoin Defendant from encumbering the subject property as specifically requested in Doc. #16 - #1 at pages 4-5 items A-H. All other relief requested shall be addressed by Judge Liburdi at a subsequent hearing. IT IS FURTHER ORDERED that the parties shall jointly prepare and file a joint pre-hearing statement by 11:00 a.m., Wednesday, July 13, 2022, setting forth the information contained in the attached order. See attached PDF for complete details. Signed by Senior Judge James A Teilborg on 7/12/22. (MJF)
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| Filing 25 *MINUTE ENTRY for proceedings held before Judge Michael T Liburdi: IT IS ORDERED setting a Temporary Restraining Order Hearing before Senior Judge James A. Teilborg on Wednesday, July 13, 2022, at 1:00 p.m. in Courtroom 503. Plaintiff shall file its reply on July 12, 2022, at 1:00 p.m., and Defendant shall have the opportunity to file its sur-reply, if it so chooses, by 8:00 a.m. on July 13, 2022. IT IS FURTHER ORDERED setting oral argument on the preliminary injunction on Wednesday, August 10, 2022, from 9:00 a.m. to 12:00 p.m., in Courtroom 504. IT IS FURTHER ORDERED that Plaintiff shall file its motion on the preliminary injunction by July 28, 2022. Defendant shall file its responsive by August 4, 2022. An optional reply is due by no later than noon on August 9, 2022. IT IS FURTHER ORDERED setting a Rule 16 Scheduling Conference to be held in conjunction with oral argument on Wednesday, August 10, 2022, at 9:00 a.m. The parties must jointly file the Joint Proposed Case Management Report with the Clerk of the Court by August 3, 2022. Separate order will issue. Defendant's Motion to Dismiss and for Summary Judgment, (Doc. #14 ), is denied, without prejudice to Defendant refiling. See attached PDF for complete details. (Court Reporter Catherine Taylor) Hearing held 4:18 PM to 5:08 PM. (AO) *Modified docket text on 7/15/2022 to add ruling denying Doc. #14 (NKS). |
| Filing 21 RESPONSE in Opposition re: #16 MOTION for Temporary Restraining Order and Preliminary Injunction and Request to Consolidate Hearing with Trial on the Merits Regarding Plaintiffs Request for Specific Performance filed by Kyrene Shopping Center LLC. (Fredenberg, Daniel) |
| Filing 20 DECLARATION of Stipp in opposition to Temporary Restraining Order and Preliminary Injunction and Request to Consolidate Hearing by Defendant Kyrene Shopping Center LLC. (Fredenberg, Daniel) |
| Filing 19 NOTICE of Appearance by Daniel Edward Fredenberg on behalf of Kyrene Shopping Center LLC. (Fredenberg, Daniel) |
| Filing 18 NOTICE of Appearance by Fredric D Bellamy on behalf of SDP Kyrene LLC. (Bellamy, Fredric) |
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Filing 17
ORDER: IT IS ORDERED setting an In-Court Hearing re: the Motion for Temporary Restraining Order and Preliminary Injunction and Request to Consolidate Hearing with Trial on the Merits Regarding Plaintiff's Request for Specific Performance, (Doc. #16 ), for Monday, 7/11/2022 at 04:00 PM, in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003. Counsel shall appear in person for this hearing. Ordered by Judge Michael T. Liburdi on 7/8/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 16 *MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, and MOTION to Consolidate Hearing with Trial on the Merits Regarding Plaintiffs Request for Specific Performance by SDP Kyrene LLC. (Attachments: #1 Proposed Order)(Shull, Robert). *Added motion part: MOTION for Preliminary Injunction on 7/13/2022. (SMH) |
| Filing 15 RESPONSE to Motion re: #14 MOTION to Dismiss Counts/Claims : Courts 1 and 2 MOTION for Summary Judgment Plaintiff's Response in Opposition to Defendant's Motion to Dismiss and for Summary Judgment filed by SDP Kyrene LLC. (Shull, Robert) |
| Filing 14 *MOTION to Dismiss Counts/Claims: Courts 1 and 2, MOTION for Summary Judgment filed by Kyrene Shopping Center LLC. (Attachments: #1 Affidavit)(Beams, Christian). *Modified to add motion part: MOTION for Summary Judgment on 6/24/2022. (SMH) |
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Filing 13
ORDER: Good cause appearing, IT IS ORDERED granting the parties' Stipulation for Extension of Time to File Answer or Responsive Pleading (Doc. #7 ). Defendant Kyrene Shopping Center LLC shall file an answer or otherwise respond to Plaintiff's Complaint (Doc. #1 ) no later than June 17, 2022. Ordered by Judge Michael T Liburdi on 6/9/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO)
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| Filing 12 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 Michael T Liburdi. All further pleadings/papers should now list the following COMPLETE case number: CV-22-00987-PHX-MTL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 11 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 10 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 8 Corporate Disclosure Statement by SDP Kyrene LLC. (Shull, Robert) |
| Filing 7 MOTION for Extension of Time Stipulation to Extend Time to file Responsive Pleading by Kyrene Shopping Center LLC. (Attachments: #1 Proposed Order)(Beams, Christian) |
| Filing 5 Corporate Disclosure Statement by Kyrene Shopping Center LLC identifying Corporate Parent Kyrene Shopping Center LLC for Kyrene Shopping Center LLC. (Attachments: #1 Supplemental Civil Cover Sheet)(Beams, Christian) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Kyrene Shopping Center LLC. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit a Supplemental Civil Cover Sheet when filing a new Notice of Removal. 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 3 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 Kyrene Shopping Center LLC, SDP Kyrene LLC. (SCA) |
| Filing 2 Filing fee paid, receipt number AAZDC-20744648. This case has been assigned to the Honorable John Z Boyle. All future pleadings or documents should bear the correct case number: CV-22-00987-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. (SCA) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-005690. Filing fee received: $ 402.00, receipt number AAZDC-20744648 filed by Kyrene Shopping Center LLC. (Beams, Christian) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit)(SCA) |
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