Durgan v. U-Haul International Incorporated
| Felicia Durgan, Evan Hatchell, Kasio Young, Cerise Roundtree, Thiago Costa, Bruce Proctor, Jr, Valerie Toores, Norman Lee, Jonathan Brooks, Lewis Cross, Jr, Aaron Taylor, Christopher Tucker, Althea Kanteh, Sakinah Batts, Tekara Peoples, Bruce Proctor, Jr., Valerie Torres, William Frierson, Michelle Anderson, Saray Hendricks, Shawnda Lauderdale, Amy Dobson, Delbert Gibson, III and Peter Telford |
| U-Haul International Incorporated |
| Chris Bagley, Joseph Laventure, Jr., Daniel Tooker, Sandra Brown, Christine Cartwright and Cheyenne Emery Hart |
| 2:2022cv01565 |
| September 15, 2022 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
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Filing 40
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference set for 12/5/2023 at 03:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. See order for additional deadlines and details. Signed by Judge Michael T. Liburdi on 11/1/2023. (LMR)
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Filing 39
ORDER granting in part and denying in part Defendant U-Haul International Incorporated's Motion to Dismiss (Doc. #34 ): Plaintiffs' claims for negligence, breach of implied contract, and violation of the Arizona Consumer Fraud Act are dismissed with prejudice. The Motion is denied in all other respects. [See the attached order for additional information.] Signed by Judge Michael T. Liburdi on 10/27/2023. (RMW)
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Filing 38
REPLY to Response to Motion re: #34 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiffs' First Amended Consolidated Class Action Complaint filed by U-Haul International Incorporated. (Norris, David)
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Filing 37
ORDER granting the Motion #36 . Defendant's Reply shall be filed with the Court no later than September 28, 2023. Signed by Judge Michael T Liburdi on 9/12/2023. (REK)
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Filing 36
MOTION for Extension of Time to File Response/Reply re: #34 MOTION to Dismiss for Failure to State a Claim Unopposed Motion to Extend the Time for Defendant to File its Reply in Support of Its Motion to Dismiss Plaintiffs' FAC (1st Request) by U-Haul International Incorporated. (Attachments: #1 Proposed Order) (Norris, David) *Modified to add link on 9/11/2023 (DXD).
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Filing 35
RESPONSE in Opposition re: #34 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiffs' First Amended Consolidated Class Action Complaint filed by Michelle Anderson, Felicia Durgan, William Frierson, Delbert Gibson, III, Saray Hendricks, Bruce Proctor, Jr, Peter Telford. (Yanchunis, John)
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Filing 34
MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiffs' First Amended Consolidated Class Action Complaint by U-Haul International Incorporated. (Norris, David)
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Filing 33
AMENDED COMPLAINT First against Joseph Laventure, Jr, Felicia Durgan, Peter Telford, William Frierson, Delbert Gibson, III, Saray Hendricks, Michelle Anderson filed by Joseph Laventure, Jr, Felicia Durgan, Peter Telford, William Frierson, Delbert Gibson, III, Saray Hendricks, Michelle Anderson.(Hesano, Cristina)
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Filing 32
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Michelle Anderson, Felicia Durgan, William Frierson, Delbert Gibson, III, Saray Hendricks, Joseph Laventure, Jr, Bruce Proctor, Jr, Peter Telford . (Attachments: #1 Exhibit Exhibit A)(Hesano, Cristina)
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Filing 31
ORDER granting in part and denying in part Defendant U-Haul International Incorporated's Motion to Dismiss #22 . See order for details. Signed by Judge Michael T. Liburdi on 7/27/2023. (LMR)
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Filing 30
ORDER that the parties' Stipulation to Reschedule Oral Argument for Defendant's Motion to Dismiss #29 is granted to the extent that the Oral Argument currently set for July 27, 2023 at 10:00 a.m. is vacated. The Stipulation is denied in all other respects. Signed by Judge Michael T Liburdi on 7/07/2023. (REK)
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Filing 29
STIPULATION to Reschedule Oral Argument for Defendant's Motion to Dismiss by U-Haul International Incorporated. (Attachments: #1 Proposed Order Proposed Order)(Norris, David)
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Filing 28
ORDER: Oral Argument on Defendant's Motion to Dismiss (Doc. #22 ) is set for Thursday, July 27, 2023 at 10:00 a.m. in Courtroom 504, 401 West Washington Street, Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Signed by Judge Michael T. Liburdi on 6/27/2023. (LMR)
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Filing 27
NOTICE of Attorney Withdrawal filed by Elisabeth Ann Hutchinson. (Hutchinson, Elisabeth)
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Filing 26
REPLY to Response to Motion re: #22 MOTION to Dismiss for Failure to State a Claim filed by U-Haul International Incorporated. (Norris, David)
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Filing 25
ORDER: IT IS ORDERED granting the parties' Stipulation to Extend the Time for Defendant to File its Reply in Support of its Motion to Dismiss (Doc. #24 ). Defendant shall file its reply in support of its Motion to Dismiss Plaintiffs' Amended Complaint (Doc. #18 ) by March 24, 2023. Ordered by Judge Michael T. Liburdi on 3/3/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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Filing 24
STIPULATION Stipulation to Extend Time for Defendant to File Reply in Support of Motion to Dismiss (1st Request) by U-Haul International Incorporated. (Attachments: #1 Proposed Order)(Norris, David)
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Filing 23
RESPONSE in Opposition re: #22 MOTION to Dismiss for Failure to State a Claim filed by Michelle Anderson, Amy Dobson, Felicia Durgan, William Frierson, Delbert Gibson, III, Saray Hendricks, Shawnda Lauderdale, Bruce Proctor, Jr, Peter Telford. (Yanchunis, John)
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Remark: Pro hac vice motion(s) granted for Marcus Bradley, Kiley L Grombacher on behalf of Plaintiffs Michelle Anderson, Amy Dobson, Felicia Durgan, William Frierson, Delbert Gibson, III, Saray Hendricks, Shawnda Lauderdale, Bruce Proctor, Jr, Peter Telford. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for Amanda Brooke Murphy on behalf of Plaintiffs Michelle Anderson, Amy Dobson, Felicia Durgan, William Frierson, Delbert Gibson, III, Saray Hendricks, Shawnda Lauderdale, Bruce Proctor, Jr, Peter Telford. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 22
MOTION to Dismiss for Failure to State a Claim by U-Haul International Incorporated. (Norris, David)
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Remark: Pro hac vice motion(s) granted for Anna A El-Zein on behalf of Defendant U-Haul International Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for Elisabeth Ann Hutchinson on behalf of Defendant U-Haul International Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for Alfred John Saikali on behalf of Defendant U-Haul International Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 21
ORDER: IT IS ORDERED granting the parties' stipulation (Doc. #19 ). IT IS FURTHER ORDERED that Defendant U-Haul International, Inc. ("U Haul") shall file its answer or otherwise respond to Plaintiffs' Amended Consolidated Class Action Complaint (Doc. 1 #8 ) (the "Amended Complaint") no later than January 30, 2023. IT IS FURTHER ORDERED that the other deadlines for responses and replies detailed in the October 28, 2022 Order (Doc. #13 ) shall remain. IT IS FURTHER ORDERED that in the event U-Haul files a motion to dismiss Plaintiffs' Amended Complaint (Doc. #18 ), U-Haul's motion and Plaintiffs' response shall not exceed 30 pages, and U-Haul's reply shall not exceed 20 pages. Ordered by Judge Michael T. Liburdi on 1/12/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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Filing 20
Corporate Disclosure Statement by U-Haul International Incorporated identifying Corporate Parent U-Haul Holding Company for U-Haul International Incorporated. (Norris, David)
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Filing 19
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Stipulation to 1) Extend Time for Defendant to Respond to the Amended Consolidated Class Action Complaint (1st Request), and 2) Enlarge Page Limitations by U-Haul International Incorporated. (Attachments: #1 Proposed Order)(Norris, David)
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Remark: Pro hac vice motion(s) granted for Tammy B Webb on behalf of Defendant U-Haul International Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 18
AMENDED COMPLAINT Consolidated Class Action Complaint against All Defendants filed by Felicia Durgan. (Attachments: #1 Exhibit Exhibit 1)(Hesano, Cristina)
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Filing 17
NOTICE TO FILER OF DEFICIENCY re: #16 Amended Complaint filed by Joseph Laventure, Jr. Document not in compliance with LRCiv 7.1(a)(3). All parties named in the case caption must be separated by semicolons on any initial or amended complaint, petition, crossclaim, counterclaim, or third-party complaint. If the initial or amended complaint, petition, crossclaim, counterclaim, or third-party complaint applies to a consolidated action, the affected case number(s) must appear below the number of the established "lead", or lowest-numbered case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document that (a) lists all of the case numbers involved and (b) lists all active parties in the case(s) in the caption. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK)
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Filing 16
AMENDED COMPLAINT (CONSOLIDATED COMPLAINT) against All Defendants filed by Joseph Laventure, Jr. (Attachments: #1 Exhibit Exhibit 1)(Hesano, Cristina)
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Filing 15
ORDER: IT IS ORDERED granting the motion for extension of time to file consolidated complaint (Doc. #14 ). IT IS FURTHER ORDERED that Plaintiffs shall file their Consolidated Complaint no later than December 19, 2022. IT IS FURTHER ORDERED that the other deadlines for responses and replies detailed in the October 28, 2022 order (Doc. #13 ) shall remain. Ordered by Judge Michael T. Liburdi on 11/28/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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Filing 14
MOTION for Extension of Time Extension of Time to File Consolidated Complaint by Felicia Durgan. (Attachments: #1 Proposed Order)(Riley, Rory)
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Remark: Pro hac vice motion(s) granted for Marc E Dann on behalf of Consol Plaintiff Sandra Brown. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Out of state attorney Marc Dann terminated 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)
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Filing 13
ORDER granting (Doc. 11 in case 2:22-cv-01565-MTL) Motion to Consolidate Cases. The Clerk shall transfer and consolidate case numbers CV-22-01565-PHX-MTL with 22-CV-01608-PHX-JFM; 22-CV-01625-PHX-ROS; 22-CV-01631-PHX-SMB; 22-CV-01658-PHX-SPL; and 22-CV-01693-PHX-ESW. All future filings shall bear case number CV-22-01565-PHX-MTL as the lead case and be submitted in substantially the same format as the caption of this order. All future filings related to these cases shall be filed in CV-22-01565-PHX-MTL. Plaintiff shall file a single operative Consolidated Complaint in the lead case within 30 days of the date of this Order. See Order for further details. Signed by Judge Michael T Liburdi on 10/28/2022. (Associated Cases: 2:22-cv-01565-MTL et al.) (KJ)
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Filing 12
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Sakinah Batts, Jonathan Brooks, Thiago Costa, Lewis Cross, Jr, Felicia Durgan, Evan Hatchell, Althea Kanteh, Norman Lee, Tekara Peoples, Bruce Proctor, Jr, Cerise Roundtree, Aaron Taylor, Valerie Toores, Christopher Tucker, Kasio Young . (Attachments: #1 Attachment Amended Complaint)(Maxey, Ryan)
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Remark: Pro hac vice motion(s) granted for Ryan D Maxey on behalf of Plaintiff Felicia Durgan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 11
MOTION to Consolidate Cases by Felicia Durgan. **Re-docketed by Clerk using the correct event for statistical purposes.** (Attachments: #1 Proposed Order) (Associated Cases: CV-22-01565-PHX-MTL, CV-22-01608-PHX-JFM, CV-22-01625-PHX-ROS, CV-22-01631-PHX-SMB, CV-22-01658-PHX-SPL, CV-22-01693-PHX-ESW)(DXD)
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Filing 10
MOTION to Consolidate Cases by Felicia Durgan. (Attachments: #1 Proposed Order) (Associated Cases: CV-22-01693-ESW, CV-22-01658, CV-22-01631, CV-22-01625, CV-22-01608) (Yanchunis, John)
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Filing 9
NOTICE TO FILER OF DEFICIENCY re: #8 Amended Complaint filed by Felicia Durgan. Document not in compliance with LRCiv 15.1(b) - The amending party must file a separate notice of filing the amended pleading. FOLLOW-UP ACTION REQUIRED: Please use event Notice of Filing - Amended Pleading (LRCiv 15.1(b)) and attach a copy of the amended pleading that indicates in what respect it differs from the pleading which it amends, by bracketing or striking through the text that was deleted and underlining the text that was added. 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. (WLP)
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Filing 8
AMENDED COMPLAINT Amended Class Action Complaint against All Defendants filed by Felicia Durgan.(Riley, Rory)
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Remark: Pro hac vice motion(s) granted for John A Yanchunis on behalf of Plaintiff Felicia Durgan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 7
*SERVICE EXECUTED filed by Felicia Durgan: Rule 4 Waiver of Service of Summons. Waiver sent on 09/22/2022 to U-Haul International Incorporated via attorney Alfred Saikali . (Riley, Rory) *Modified to list named defendant that was served on 9/26/2022 (REK).
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Filing 6
NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Felicia Durgan. Document not in compliance with LRCiv 7.1(a)(1). No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM)
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Filing 5
NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Felicia Durgan. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM)
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Filing 4
Summons Issued as to U-Haul International Incorporated. (JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 3
Filing fee paid, receipt number AAZDC-21092874. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-22-1565-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM)
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Filing 2
SUMMONS Submitted by Felicia Durgan. (Riley, Rory) (JAM)
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Filing 1
COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21092874 filed by Felicia Durgan. (Riley, Rory) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit)(JAM)
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