Champion et al v. Sethi et al
| Joshua Champion and Trent Alvord |
| Hameet Sethi, Jon Reyes, DeShawn Tavilla, Jessie Sotomayor and Andrew Zamora |
| 2:2022cv01355 |
| August 11, 2022 |
| US District Court for the District of Arizona |
| Michelle H Burns |
| David G Campbell |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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Filing 51
DEFAULT JUDGMENT - Plaintiffs' Motion for Default Judgment (Docs. #30 , #49 ) is granted in part and denied in part as set forth in this order and the Court's prior order (Doc. #44 ). Pursuant to Rule 55(b)(2), default judgment on the TCPA claims is entered against Defendants Hameet Sethi, Jessie Sotomayor, and Andrew Zamora, jointly and severally, in the amount of $163,500.00 for Plaintiff Joshua Champion and $39,000.00 for Plaintiff Trent Alvord. The Clerk is directed to terminate this action. Signed by Senior Judge David G Campbell on 9/6/23. (DXD)
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| Filing 50 RESPONSE in Opposition re: #49 MOTION PLAINTIFFS PRESENTATION OF EVIDENCE OF DAMAGES AND RIGHT TO INJUNCTIVE RELIEF filed by Hameet Sethi. (Larson, Robert) |
| Filing 49 MOTION PLAINTIFFS PRESENTATION OF EVIDENCE OF DAMAGES AND RIGHT TO INJUNCTIVE RELIEF by Trent Alvord, Joshua Champion. (Attachments: #1 Declaration of Trent Alvord, #2 Declaration of Josh Champion)(Ginsburg, Amy) |
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Filing 48
ORDER granting #47 Motion for Extension of Time. Plaintiffs shall have until May 12, 2023 to submit evidence to support their requests for statutory damages and injunctive relief. Ordered by Senior Judge David G Campbell on 4/28/23. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| Filing 47 Second MOTION for Extension of Time to Provide Evidence of Damages by Trent Alvord, Joshua Champion. (Attachments: #1 Proposed Order)(Ginsburg, Amy) |
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Filing 46
ORDER granting Plaintiffs' #45 Motion for Extension of Time. Plaintiffs shall have until April 28, 2023 to submit evidence to support their requests for statutory damages and injunctive relief. Ordered by Senior Judge David G Campbell on 4/21/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| Filing 45 MOTION for Extension of Time to Provide Evidence of Damages by Trent Alvord, Joshua Champion. (Attachments: #1 Proposed Order)(Ginsburg, Amy) |
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Filing 44
ORDER: Defendant Sethi's motion to set aside default #35 is denied and his untimely answer #34 is stricken from the record. Plaintiff's motion for default judgment #30 is granted with respect to Defendants' liability on the TCPA claims and taken under advisement with respect to damages and injunctive relief. Plaintiffs shall have until April 21, 2023 to submit evidence to support their requests for statutory damages and injunctive relief. Signed by Senior Judge David G Campbell on 3/30/2023. (REK)
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| Filing 43 MINUTE ORDER: Pursuant to the #41 Notice of Voluntary Dismissal, the Motion to Dismiss #40 is terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) |
| Filing 42 NOTICE of Party Dismissal by Trent Alvord, Joshua Champion. Party DeShawn Tavilla terminated. (Ginsburg, Amy) |
| Filing 41 NOTICE of Party Dismissal by Trent Alvord, Joshua Champion. Party Jon Reyes terminated. (Ginsburg, Amy) |
| Filing 40 *MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Jon Reyes. (Attachments: #1 Exhibit 1)(Klain, William). *Added MOTION to Dismiss for Failure to State a Claim on 2/27/2023 (REK). |
| Filing 39 RESPONSE in Opposition re: #35 MOTION to Set Aside Default as to Defendant, Hameet Sethi filed by Trent Alvord, Joshua Champion. (Attachments: #1 Exhibit A- E-mail Correspondence)(Ginsburg, Amy) |
| Remark: Pro hac vice motion(s) granted for Glenn Timothy Graham, Caitlin Hickey on behalf of Defendant Jon Reyes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 38
ORDER granting #37 Motion for Extension of Time to Answer. IT IS FURTHER ORDERED extending the deadline by which Defendant Jon Reyes may respond to the Complaint to 2/24/2023. Ordered by Senior Judge David G Campbell on 1/26/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| Filing 37 *MOTION for Extension of Time to File Answer by Jon Reyes. (Attachments: #1 Proposed Order)(Klain, William) *Modified to correct event and text on 1/25/2023 (REK). |
| Filing 36 SERVICE EXECUTED filed by Trent Alvord, Joshua Champion: Proof of Service re: Complaint, Summons, Order upon Defendant, Jon Reyes on 01/03/2023. (Ginsburg, Amy) |
| Filing 35 MOTION to Set Aside Default #28 as to Defendant, Hameet Sethi by Hameet Sethi. (Larson, Robert) |
| Filing 34 ANSWER to #1 Complaint by Hameet Sethi.(Larson, Robert) |
| Filing 33 *NOTICE of Appearance by Robert Larson on behalf of Hameet Sethi. (Larson, Robert) *Modified to correct event and text on 1/19/2023 (REK). |
| Filing 32 SERVICE EXECUTED filed by Trent Alvord, Joshua Champion: Rule 4 Waiver of Service of Summons. Waiver sent on 01/04/2023 to DeShawn Tavilla . (Ginsburg, Amy) |
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Filing 31
ORDER granting Plaintiffs' #29 Motion for Alternative Service. See attachment for details. Signed by Senior Judge David G Campbell on 1/3/23. (CLB)
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| Filing 30 *MOTION for Default Judgment as to Hammett Sethi, Jessie Sotomayor, and Andrew Zamora by Trent Alvord, Joshua Champion. (Attachments: #1 Supplement Points and Authorities, #2 Proposed Order)(Ginsburg, Amy) *Modified to remove incorrect "ex parte" designation on 1/3/2023 (REK). |
| Filing 29 *MOTION for Alternative Service by Trent Alvord, Joshua Champion. (Attachments: #1 Proposed Order, #2 Exhibit A- Declaration of Thomas Alvord, #3 Exhibit B- Jon Reyes Certificate of Non-service, #4 Exhibit C- Jon Reyes Certificate of Non-service, #5 Exhibit D- Jon Reyes Certificate of Non-service, #6 Exhibit E- Jon Reyes Certificate of Non-service, #7 Exhibit F- E-mail Correspondence)(Ginsburg, Amy) *Modified to remove incorrect "ex parte" designation on 12/29/2022 (REK). |
| Filing 28 Clerk's ENTRY OF DEFAULT as to Hameet Sethi, Jessie Sotomayor, Andrew Zamora. (REK) |
| Filing 27 APPLICATION for Entry of Default by Plaintiffs Trent Alvord, Joshua Champion against Hameet Sethi. (Ginsburg, Amy) |
| Filing 26 APPLICATION for Entry of Default by Plaintiffs Trent Alvord, Joshua Champion against Jessie Sotomayor. (Ginsburg, Amy) |
| Filing 25 APPLICATION for Entry of Default by Plaintiffs Trent Alvord, Joshua Champion against Andrew Zamora. (Ginsburg, Amy) |
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Filing 24
ORDER: Plaintiff may have until December 30, 2022 to seek default against the non-appearing defendants who have been served. Plaintiff is reminded that she must comply with Federal Rule of Civil Procedure 55(a) by first seeking entry of default from the Clerk, and then Rule 55(b) in seeking default judgment. Plaintiff is also reminded that she must address the factors in Eitel v. McCool, 782 F.2d 1470, 147172 (9th Cir. 1986), in any motion seeking a default judgment. Signed by Senior Judge David G Campbell on 12/23/22. (CLB)
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| Filing 23 STATUS REPORT on Plaintiffs Intentions with Respect to Non-responding Defendants by Trent Alvord, Joshua Champion. (Ginsburg, Amy) |
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Filing 22
ORDER re: #21 Response to Order to Show Cause. The Court enters the following orders: 1. Plaintiffs' counsel shows a law firm and address that are not in the Court's docket. Plaintiffs' counsel should file a notice with the clerk updating her firm name and contact information. 2. The Court will extend the date for serving Defendants Tavilla and Reeves to January 27, 2023. The Court will not be inclined to grant further extensions. 3. Answers have not been filed by the Defendants who have been served. Plaintiffs shall, within 14 days of this order, file a status report on their intentions with respect to these non-responding Defendants. Signed by Senior Judge David G Campbell on 12/2/2022. (CLB)
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| Filing 21 RESPONSE TO ORDER TO SHOW CAUSE re: #20 Order to Show Cause,, by Plaintiffs Trent Alvord, Joshua Champion. (Ginsburg, Amy) |
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Filing 20
ORDER that Defendants Jon Reyes and DeShawn Tavilla will be dismissed 14 days from the date of this Order if Plaintiffs fail to show good cause before that date for its failure to serve the summons and complaint. IT IS FURTHER ORDERED directing the Clerk of the Court to terminate Defendants Jon Reyes and DeShawn Tavilla on December 2, 2022 without further leave of this Court if Plaintiffs fail to respond to this Order within the time stated. Signed by Senior Judge David G Campbell on 11/16/2022. (CLB)
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| Filing 19 SERVICE EXECUTED filed by Trent Alvord, Joshua Champion: Proof of Service re: Complaint, et al. upon Defendant, Andrew Zamora on 09/14/2022. (Ginsburg, Amy) |
| Filing 18 SERVICE EXECUTED filed by Trent Alvord, Joshua Champion: Proof of Service re: Complaint, et al. upon Defendant, Jessie Sotomayor on 09/06/2022. (Ginsburg, Amy) |
| Filing 17 SERVICE EXECUTED filed by Trent Alvord, Joshua Champion: Proof of Service re: Complaint, et al. upon Defendant, Hameet Sethi on 09/01/2022. (Ginsburg, Amy) |
| Filing 16 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 David G Campbell. All further pleadings/papers should now list the following COMPLETE case number: CV-22-1355-PHX-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 15 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 13 Summons Issued as to Jon Reyes. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 12 SUMMONS Submitted by Trent Alvord, Joshua Champion. (Ginsburg, Amy) |
| Filing 11 NOTICE TO FILER OF DEFICIENCY re: #8 Summons Submitted filed by Joshua Champion, Trent Alvord. Defendant name does not match complaint. FOLLOW-UP ACTION REQUIRED: Please refile corrected 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. (BAS) |
| Filing 10 Summons Issued as to Hameet Sethi, Jessie Sotomayor, DeShawn Tavilla, Andrew Zamora. (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 9 SUMMONS Submitted by Trent Alvord, Joshua Champion. (Ginsburg, Amy) |
| Filing 8 SUMMONS Submitted by Trent Alvord, Joshua Champion. (Ginsburg, Amy) |
| Filing 7 SUMMONS Submitted by Trent Alvord, Joshua Champion. (Ginsburg, Amy) |
| Filing 6 SUMMONS Submitted by Trent Alvord, Joshua Champion. (Ginsburg, Amy) |
| Filing 5 SUMMONS Submitted by Trent Alvord, Joshua Champion. (Ginsburg, Amy) |
| Filing 4 Additional Attachments to Main Document re: #1 Complaint Civil Cover Sheet by Plaintiffs Trent Alvord, Joshua Champion. (Ginsburg, Amy) |
| Filing 3 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Joshua Champion, Trent Alvord. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected 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 2 Filing fee paid, receipt number BAZDC-20980810. This case has been assigned to the Honorable Michelle H Burns. All future pleadings or documents should bear the correct case number: CV-22-01355-PHX-MHB. Magistrate Election form attached. (SCA) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number BAZDC-20980810 filed by Joshua Champion, Trent Alvord. (Ginsburg, Amy) (Attachments: #1 Civil Cover Sheet)(SCA) |
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