Berendo Property et al v. Closed Loop Refining and Recovery Incorporated et al
| Berendo Property, Harrison Properties LLC, Lincoln Industrial LLC and Predio Management LLC |
| Closed Loop Refining and Recovery Incorporated, Ace Metal Corporation, Advanced Computer Recycling Incorporated, AK Recycling Incorporated, Alianza Recycling and Recovery LLC, All E Waste Incorporated, All Green Electronics Recycling LLC, American Retroworks Incorporated doing business as Good Point Recycling, Attan Recycling Corporation, California Electronic Waste LLC, California Electronic Asset Recovery, Cinco Electronics Recycling Incorporated, CompuPoint USA LLC, Danny Ewaste LLC, Desert Arc, Dynamic Recycling Incorporated, Eco International LLC, Environmental Coordination Services and Recycling Incorporated, eGreen-IT Solutions LLC, Electronic Recycling Solutions LLC, eWaste Center Incorporated, E-Waste Recyclers of Colorado, E-Waste LLC, E-World Recyclers LLC, Executive Recycling Services LLC, FMI Recycling, Global Electric Electronic Processing, Global Electronic Recycling LLC, Global eRecyclers Incorporated, Global Surplus Solutions Incorporated, Greenview Resource Management Incorporated, IMS Electronics Recycling Incorporated, KYO Computer Incorporated, Magic Recycling LLC, Monitor and CRT Recyclers of California, OC Recycling Incorporated, PC Recycle LLC, Precise Recycling Services Incorporated, Round2 Incorporated, Ruuhwa Dann and Associates Incorporated doing business as Cal Micro II, Scrapcomputer.com USA Incorporated, Southwest Recycling Solutions LLC, Texas Green Electronic Recycling Company LLC, Tri Products Incorporated, Tung Tai Group, Federal Prisons Industries Incorporated doing business as UNICOR, U.S. Micro Development Corporation, VTKK LLC, YNot Recycle LLC and Gold'n West Surplus Incorporated |
| Ruuhwa Dann and Associates Incorporated |
| 2:2022cv01721 |
| October 7, 2022 |
| US District Court for the District of Arizona |
| Deborah M Fine |
| Stephen M McNamee |
| Other Statutes: Environmental Matters |
| 42 U.S.C. § 9607 Real Property Tort to Land |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 41
ORDER granting the Joint Motion for Approval of Settlement Agreement. (Doc. #40 ). The Court approves the Settlement Agreement. (Doc. #40 at #16 -34). ORDERED dismissing Defendant IMS Electronics Recycling, Inc. from the case and directing the Clerk of the Court to dismiss Defendant IMS Electronics Recycling, Inc. ORDERED dismissing and barring, except for the exceptions stated in the Settlement Agreement and except for claims asserted by the U.S. Environmental Protection Agency ("EPA") and the State of Arizona (acting on Arizona Department of Environmental Quality's behalf), all past, present, and future claims, counterclaims, and crossclaims against Defendant IMS Electronics Recycling, Inc. related to Plaintiffs' two warehouse sites. ORDERED that Defendant IMS Electronics Recycling, Inc.'s settlement payment will be credited pro tanto in determining other Defendants' equitable shares of remediation costs. The liability of the remaining parties shall accordingly be reduced by the dollar amount of IMS Electronics Recycling, Inc.'s settlement payments. IT IS FURTHER ORDERED that this Court retains jurisdiction and shall retain jurisdiction after entry of judgment in this case to enforce the terms and conditions of the Settlement Agreement. Signed by Senior Judge Stephen M McNamee on 1/31/2023. (See Order for details.) (LFIG)
|
| Filing 40 Joint MOTION for Approval of Settlement Agreement and Memorandum in Support by Berendo Property, Harrison Properties LLC, Lincoln Industrial LLC, Predio Management LLC. (Attachments: #1 Proposed Order)(Kerr, Todd) |
|
Filing 39
ORDER granting Plaintiffs' Motion for Extension of Time. (Doc. #38 ). ORDERED that Plaintiffs must complete service of process on all Defendants no later than April 10, 2023. IT IS FURTHER ORDERED that all responses to any pleading served by or on April 10, 2023 shall be due no later than May 8, 2023. Signed by Senior Judge Stephen M McNamee on 1/6/2023. (LFIG)
|
| Filing 38 MOTION for Extension of Time to Serve Defendants and for Responses to Pleadings by Berendo Property, Harrison Properties LLC, Lincoln Industrial LLC, Predio Management LLC. (Attachments: #1 Attachment - Declaration, #2 Proposed Order)(Kerr, Todd) |
| Filing 37 Summons Issued as to Closed Loop Refining and Recovery Incorporated. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 36 SUMMONS Submitted by Ruuhwa Dann and Associates Incorporated. (Bell, Rodney) |
| Filing 35 Corporate Disclosure Statement by Ruuhwa Dann and Associates Incorporated. (Bell, Rodney) |
| Filing 34 ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Closed Loop Refining and Recovery Incorporated, COUNTERCLAIM against All Plaintiffs by Ruuhwa Dann and Associates Incorporated.(Bell, Rodney) |
| Filing 33 Corporate Disclosure Statement by eGreen-IT Solutions LLC. (Mear, Richard) |
|
Filing 32
ORDER granting Defendant eGreen IT Solutions, LLC and Plaintiffs' Stipulated Motion to Extend Deadline for Defendant eGreen IT Solution, LLC to Answer Plaintiffs' Complaint. (Doc. #31 ). Defendant eGreen IT Solutions, LLC must file its response to Plaintiffs' Complaint by March 3, 2023. Signed by Senior Judge Stephen M McNamee on 12/15/2022. (LFIG)
|
| Filing 31 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint by eGreen-IT Solutions LLC. (Attachments: #1 Proposed Order Re: Stipulation to Extend Deadlinefor DF eGreen IT Solutions, LLC to File its Rsp to Plfs' Complaint)(Mear, Richard) |
|
Filing 30
ORDER denying without prejudice the parties' Stipulated Motion (Doc. #28 ). Signed by Senior Judge Stephen M McNamee on 12/14/2022. (LFIG)
|
| Filing 29 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 eGreen-IT Solutions LLC. (LFIG) |
| Filing 28 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint by eGreen-IT Solutions LLC. (Attachments: #1 Proposed Order Order Re Stipulation to Extend Deadline to File Rsp to Complaint)(Mear, Richard) |
| Filing 27 NOTICE of Appearance by Richard Wayne Mear on behalf of eGreen-IT Solutions LLC. (Mear, Richard) Modified to correct event on 12/14/2022 (WLP). |
|
Filing 26
ORDER granting the Joint Motion for Approval of Settlement Agreement. (Doc. #20 ). The Court approves the Settlement Agreement. (Doc. #20 -1). IT IS FURTHER ORDERED dismissing Defendant California Electronic Asset Recovery from the case and directing the Clerk of the Court to dismiss Defendant California Electronic Asset Recovery as a party. IT IS FURTHER ORDERED dismissing and barring, except for the exceptions stated in the Settlement Agreement and except for claims asserted by the U.S. Environmental Protection Agency ("EPA") and the State of Arizona (acting on ArizonaDepartment of Environmental Quality's behalf), all past, present, and future claims, counterclaims, and crossclaims against Defendant California Electronic Asset Recovery related to Plaintiffs' two warehouse sites. IT IS FURTHER ORDERED that Defendant California Electronic Asset Recovery's settlement payment will be credited pro tanto in determining other Defendants' equitable shares of remediation costs. The liability of the remaining parties shall accordingly be reduced by the dollar amount of CEAR's settlement payments. IT IS FURTHER ORDERED that this Court retains jurisdiction and shall retain jurisdiction in this case to enforce the terms and conditions of the Settlement Agreement. Signed by Senior Judge Stephen M McNamee on 11/16/2022. (LFIG)
|
| Filing 25 CONSENT DECREE: Notwithstanding any other provision of this Consent Decree, the Court shall retain jurisdiction for the purpose of enforcing the Parties' obligations under this Agreement and for resolving disputes in accordance with Paragraph 28 of this Agreement. The Parties shall each bear their litigation and administrative costs and expenses, including attorneys' fees. Signed by Senior Judge Stephen M McNamee on 11/15/2022. (See Decree for details.) (LFIG) |
|
Filing 24
ORDER granting the Joint Motion for Entry of Consent Decree. (Doc. #18 ). The consent decree will be entered as a separate document. IT IS FURTHER ORDERED that parties shall file a notice when payment has been made in accordance with the Consent Decree. Upon receipt of such notice, the Court shall dismiss with prejudice Plaintiffs' claims against Defendant UNICOR. IT IS FURTHER ORDERED that Defendant UNICOR's settlement payment will be credited pro tanto in determining other Defendants' equitable shares of remediation costs. Signed by Senior Judge Stephen M McNamee on 11/15/2022. (See Order for details.) (LFIG)
|
| Remark: Pro hac vice motion(s) granted for Rodney W Bell on behalf of Defendant Ruuhwa Dann and Associates Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 23 RESPONSE re: #22 Notice of Deficiency re Corporate Disclosure Statement,, by Defendant Federal Prisons Industries Incorporated. (Lee, Hubert) |
| Filing 22 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 Federal Prisons Industries Incorporated. (LFIG) |
| Filing 21 SERVICE EXECUTED filed by Berendo Property, Harrison Properties LLC, Lincoln Industrial LLC, Predio Management LLC: Rule 4 Waiver of Service of Summons. Waiver sent on 10/14/2022 to Terrence S. Finn . (Kerr, Todd) |
| Filing 20 Joint MOTION for Approval of Settlement Agreement by Berendo Property, Harrison Properties LLC, Lincoln Industrial LLC, Predio Management LLC. (Attachments: #1 Exhibit, #2 Proposed Order)(Pearson, William) |
| Filing 19 NOTICE of Proposed Settlement Agreement by Berendo Property, Harrison Properties LLC, Lincoln Industrial LLC, Predio Management LLC. (Pearson, William) Modified text on 11/1/2022 (WLP). |
| Filing 18 Joint MOTION to Approve Consent Judgment by Berendo Property, Harrison Properties LLC, Lincoln Industrial LLC, Predio Management LLC. (Attachments: #1 Exhibit)(Pearson, William) Modified text on 11/1/2022 (WLP). |
| Filing 17 NOTICE re: of Proposed Consent Decree by Berendo Property, Harrison Properties LLC, Lincoln Industrial LLC, Predio Management LLC . (Pearson, William) |
| Filing 16 Corporate Disclosure Statement by California Electronic Asset Recovery. (Finn, Terrence) |
| Filing 15 NOTICE of Appearance by Terrence S Finn on behalf of California Electronic Asset Recovery. (Finn, Terrence) |
| Filing 14 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 Stephen M McNamee. All further pleadings/papers should now list the following COMPLETE case number: CV-22-1721-PHX-SMM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 12 NOTICE of Appearance by Hubert Lee on behalf of Federal Prisons Industries Incorporated. (Lee, Hubert) |
| Filing 13 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 Magistrate Election Form Deadline. (Attachments: #1 Consent Form)(MAP) |
| Remark: Pro hac vice motion(s) granted for Terrence S Finn on behalf of Defendant California Electronic Asset Recovery. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 9 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Predio Management LLC, Harrison Properties LLC, Berendo Property, Lincoln Industrial LLC. 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. (MYE) |
| Filing 8 Summons Issued as to All Defendants. (MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 7 Filing fee paid, receipt number BAZDC-21185336. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV-22-1721-PHX-DMF. Magistrate Election form attached. (MYE) |
| Filing 6 Corporate Disclosure Statement by Lincoln Industrial LLC. (Pearson, William) (MYE) |
| Filing 5 Corporate Disclosure Statement by Predio Management LLC. (Pearson, William) (MYE) |
| Filing 4 Corporate Disclosure Statement by Harrison Properties LLC. (Pearson, William) (MYE) |
| Filing 3 Corporate Disclosure Statement by Berendo Property. (Pearson, William) (MYE) |
| Filing 2 SUMMONS Submitted by Berendo Property, Harrison Properties LLC, Lincoln Industrial LLC, Predio Management LLC. (Pearson, William) (MYE) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number BAZDC-21185336 filed by Harrison Properties LLC, Berendo Property, Lincoln Industrial LLC, Predio Management LLC. (Pearson, William) (Attachments: #1 Civil Cover Sheet)(MYE) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arizona District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
