Benincasa v. 1881 Preserve LLC et al
Plaintiff: Peter Benincasa
Defendant: 1881 Preserve LLC, Erica LeBlang, Unknown LeBlang, Daniel Fischl, Unknown Fischl, Doug Frost, Unknown Frost, William Mentis and Unknown Mentis
Case Number: 2:2022cv02111
Filed: December 14, 2022
Court: US District Court for the District of Arizona
Presiding Judge: Diane J Humetewa
Referring Judge: Eileen S Willett
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 25, 2023 Filing 12 ANSWER to #11 Amended Complaint by 1881 Preserve LLC, Daniel Fischl, Doug Frost, Erica LeBlang, William Mentis.(Fiore, Lindsay)
January 11, 2023 Filing 11 AMENDED COMPLAINT against All Defendants filed by Peter Benincasa.(Toppel, Jeffrey)
December 21, 2022 Opinion or Order Filing 10 ORDER: Before the Court is Defendants' Motion for Extension of Time to File Answer (First Request) (Doc. #9 ). Plaintiff has agreed to a reasonable extension and Defendants seek an extension of fourteen (14) days. For good cause shown, IT IS ORDERED that Defendants' Motion (Doc. #9 ) is granted. Defendants shall answer or otherwise respond to Plaintiff's Complaint by January 11, 2023. ORDERED by Judge Diane J Humetewa on 12/21/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
December 20, 2022 Filing 9 MOTION for Extension of Time to File Answer by 1881 Preserve LLC, Daniel Fischl, Doug Frost, Erica LeBlang, William Mentis. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Fiore, Lindsay)
December 16, 2022 Opinion or Order Filing 8 ORDER setting a Rule 16 Scheduling Conference for 2/21/2023 at 9:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 12/15/2022. (See Order for details.) (LFIG)
December 16, 2022 Opinion or Order Filing 7 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. See Order for details. Signed by Judge Diane J Humetewa on 12/15/2022. (LFIG)
December 15, 2022 Filing 6 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 Diane J Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-22-2111-PHX-DJH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
December 14, 2022 Filing 5 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)
December 14, 2022 Filing 3 Filing fee paid, receipt number AAZDC-21406449. This case has been assigned to the Honorable Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-22-2111-PHX-ESW. 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. (MCO)
December 14, 2022 Filing 2 Corporate Disclosure Statement by 1881 Preserve LLC. (Fiore, Lindsay) (MCO)
December 14, 2022 Filing 1 *NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-013916. Filing fee received: $ 402.00, receipt number AAZDC-21406449 filed by Erica LeBlang, Doug Frost, William Mentis, 1881 Preserve LLC, Daniel Fischl. (Fiore, Lindsay) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(MCO) *Modified corrected filers on 12/22/2022 (MCO).
December 14, 2022 ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 11/28/2022 as to Erica LeBlang. (Original filed in Maricopa County Superior Court on 12/1/2022) SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 11/21/2022 as to Daniel Fischl. (Original filed in Maricopa County Superior Court on 12/1/2022) SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 11/20/2022 as to Doug Frost. (Original filed in Maricopa County Superior Court on 12/1/2022) SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 11/20/2022 as to William Mentis. (Original filed in Maricopa County Superior Court on 12/1/2022) (MCO) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Search for this case: Benincasa v. 1881 Preserve LLC et al
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Plaintiff: Peter Benincasa
Represented By: Jeffrey W Toppel
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Defendant: 1881 Preserve LLC
Represented By: Lindsay Jo Fiore
Represented By: E Jeffrey Walsh
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Defendant: Erica LeBlang
Represented By: E Jeffrey Walsh
Represented By: Lindsay Jo Fiore
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Defendant: Unknown LeBlang
Represented By: E Jeffrey Walsh
Represented By: Lindsay Jo Fiore
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Defendant: Daniel Fischl
Represented By: Lindsay Jo Fiore
Represented By: E Jeffrey Walsh
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Defendant: Unknown Fischl
Represented By: E Jeffrey Walsh
Represented By: Lindsay Jo Fiore
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Defendant: Doug Frost
Represented By: E Jeffrey Walsh
Represented By: Lindsay Jo Fiore
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Defendant: Unknown Frost
Represented By: E Jeffrey Walsh
Represented By: Lindsay Jo Fiore
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Defendant: William Mentis
Represented By: E Jeffrey Walsh
Represented By: Lindsay Jo Fiore
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Defendant: Unknown Mentis
Represented By: E Jeffrey Walsh
Represented By: Lindsay Jo Fiore
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