Schmidt v. Employee Deferred Compensation Agreement dated July 3, 2003 et al
Plaintiff: Patricia Schmidt
Defendant: Employee Deferred Compensation Agreement dated July 3, 2003, Temprite Company and Robert Brown
Case Number: 2:2022cv01464
Filed: August 30, 2022
Court: US District Court for the District of Arizona
Presiding Judge: Roslyn O Silver
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2022 Opinion or Order Filing 22 ORDER granting #21 Stipulation. Plaintiff shall have through Friday, November 4, 2022, to file her responses to Defendants' Motion to Dismiss for Lack of Jurisdiction (Doc. #18 ) and Defendants' Motion to Dismiss (Doc. #19 ). Signed by Senior Judge Roslyn O Silver on 10/7/2022. (RMV)
October 7, 2022 Filing 21 STIPULATION re: #19 MOTION to Dismiss Case [Extend Plaintiff's Deadline to Respond to] by Patricia Schmidt. (Attachments: #1 Proposed Order Proposed Order re Stipulation to Extend Plaintiff's Deadline to Respond to Defendants' Motion to Dismiss Under Rule 12(b)(6))(King, William)
October 5, 2022 Filing 20 Certificate of Conferral by Defendants Robert Brown, Employee Deferred Compensation Agreement dated July 3, 2003, Temprite Company. (Whitaker, Philip) Modified text on 10/6/2022 (WLP).
October 5, 2022 Filing 19 MOTION to Dismiss Case by Robert Brown, Employee Deferred Compensation Agreement dated July 3, 2003, Temprite Company. (Whitaker, Philip)
October 5, 2022 Filing 18 MOTION to Dismiss for Lack of Jurisdiction and to Transfer by Robert Brown, Employee Deferred Compensation Agreement dated July 3, 2003, Temprite Company. (Whitaker, Philip)
September 26, 2022 Opinion or Order Filing 17 ORDER granting #16 Stipulation For Extension of Time To Answer Complaint. The deadline for all Defendants to respond to the complaint is extended to 10/7/2022. Ordered by Senior Judge Roslyn O Silver on 9/26/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
September 23, 2022 Filing 16 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint (First Request) by Robert Brown, Employee Deferred Compensation Agreement dated July 3, 2003, Temprite Company. (Whitaker, Philip)
September 23, 2022 Filing 15 Corporate Disclosure Statement by Robert Brown, Employee Deferred Compensation Agreement dated July 3, 2003, Temprite Company. (Whitaker, Philip)
September 23, 2022 Filing 14 NOTICE of Appearance by Philip B Whitaker on behalf of Robert Brown, Employee Deferred Compensation Agreement dated July 3, 2003, Temprite Company. (Whitaker, Philip)
September 20, 2022 Filing 13 SERVICE EXECUTED filed by Patricia Schmidt: Proof of Service re: Summons, Complaint, Notice of Availability, Courts Order and Notice Pursuant to FRCP 4m (Dkt 9); Order (Dkt. 10) upon Defendants on September 6, September 9, September 14, 2022. (Attachments: #1 Exhibit Exhibit 1 - Original Summonses, #2 Exhibit Exhibit 2 - Proofs of Service)(King, William)
September 6, 2022 Filing 12 Summons Issued as to Employee Deferred Compensation Agreement dated July 3, 2003. (LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
September 2, 2022 Filing 11 *Summons Submitted re: #2 Summons Submitted U.S. Department of Treasury by Plaintiff Patricia Schmidt. (King, William) *Modified to correct event, attorney noticed on 9/6/2022 (LAD).
August 31, 2022 Opinion or Order Filing 10 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Senior Judge Roslyn O Silver on 8/30/2022. (RMV)
August 31, 2022 Opinion or Order Filing 9 ORDER : No later than December 1, 2022, Plaintiff shall file proof of service for every defendant located in a judicial district of the United States. FURTHER ORDERED no later than December 1, 2022, Plaintiff shall file a statement setting forth how and when service on any foreign defendant will be accomplished. See document for complete details. Signed by Senior Judge Roslyn O Silver on 8/30/2022. (RMV)
August 31, 2022 Filing 8 Additional Attachments to Main Document re: 7 Notice of Deficiency (Text Only),,, Civil Cover Sheet by Plaintiff Patricia Schmidt. (King, William)
August 31, 2022 Filing 7 NOTICE TO FILER OF DEFICIENCY re: #6 Additional Attachments to Main Document filed by Patricia Schmidt. Incorrect form attached. 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 using the Automated Cover Sheet. The Automated Civil Cover Sheet, JS-44, may be found on our website, www.uscourts.gov. Please look under Rules, General Orders & Forms, the click on Forms. The blank form is listed as JS 44 - Civil Cover Sheet. 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. (LAD)
August 30, 2022 Filing 6 *Additional Attachments to Main Document re: 5 Notice of Deficiency (Text Only), Civil Cover Sheet by Plaintiff Patricia Schmidt. (King, William) *Modified to reflect incorrect form attached, attorney noticed on 8/31/2022 (LAD).
August 30, 2022 Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Patricia Schmidt. 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 re-file the Civil Cover Sheet, using the correct format. 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. (BAC)
August 30, 2022 Filing 4 Summons Issued as to Robert Brown, Employee Deferred Compensation Agreement dated July 3, 2003, Temprite Company. (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
August 30, 2022 Filing 3 Filing fee paid, receipt number AAZDC-21046554. This case has been assigned to the Honorable Senior Judge Roslyn O Silver. All future pleadings or documents should bear the correct case number: CV-22-01464-PHX-ROS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC)
August 30, 2022 Filing 2 SUMMONS Submitted by Patricia Schmidt. (King, William) (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAC)
August 30, 2022 Filing 1 COMPLAINT. Filing fee received: $402.00, receipt number AAZDC-21046554 filed by Patricia Schmidt. (King, William) (Attachments: #1 Civil Cover Sheet)(BAC)

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Plaintiff: Patricia Schmidt
Represented By: Anne L Leary
Represented By: Tyler S Woods
Represented By: William Fleming King
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Defendant: Employee Deferred Compensation Agreement dated July 3, 2003
Represented By: Philip B Whitaker
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Defendant: Temprite Company
Represented By: Philip B Whitaker
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Defendant: Robert Brown
Represented By: Philip B Whitaker
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