Polk v. Unknown Party et al
| Hillary Charles Polk |
| Unknown Party, Mickey Peter Hirko, T.E.A.M. Security, Julius Husser and T.E.A.M. Security LLC |
| 2:2023cv00058 |
| January 9, 2023 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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Filing 36
ORDER of USCA - Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis re: 23-15231 as to #33 Notice of Appeal filed by Hillary Charles Polk. (DLC)
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| Filing 34 NOTICE to Withdraw by Hillary Charles Polk. (Polk, Hillary) *Modified event on 2/23/2023 (KJ). |
| Filing 35 USCA Case Number re: #33 Notice of Appeal. Case number 23-15231, Ninth Circuit. (BAC) |
| Filing 33 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: #31 ORDER granting Defendants' Motion to Dismiss, #32 Clerks Judgment by Hillary Charles Polk. (Polk, Hillary) Modified document relationship on 2/16/2023 (KJ). |
| Filing 32 CLERK'S JUDGMENT - pursuant to the Court's Order filed February 13, 2023, judgment is entered in favor of defendant and against plaintiff. Plaintiff to take nothing, and the complaint and action are dismissed with prejudice. (KJ) |
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Filing 31
ORDER granting Defendants' Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim Pursuant to Rule 12(b)(6) (Doc. #12 ). Plaintiff's claims against Defendants are dismissed with prejudice. IT IS FURTHER ORDERED granting Defendants' Motion to Strike Plaintiffs Additional Responses to Defendant's Motion to Dismiss Pursuant to Rule 12(f) (Doc. #29 ) and striking Plaintiffs Sur-Replies (Docs. #18 , #19 , #21 ). IT IS FURTHER ORDERED denying as moot Plaintiff's "Motion for the Withdrawal of Discovery and Interrogatories Request, Proceeding in Support of Plaintiff's Motion for Discovery" (Doc. #23 ) and Motion to Compel Discovery Pursuant to FRCP 34 (Doc. #26 ). IT IS FURTHER ORDERED denying Plaintiff's Motion for Sanctions (Doc. #22 ). The Clerk is directed to enter judgment in favor of Defendants and close this case. Signed by Judge John J Tuchi on 2/13/2023. (KJ)
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| Filing 30 RESPONSE to Motion re: #26 Ninth MOTION to Compel DISCOVERY filed by Hillary Charles Polk. (Polk, Hillary) |
| Filing 29 MOTION to Strike #21 Response to Motion, #18 Reply to Response to Motion, #19 Reply to Response to Motion by Mickey Peter Hirko, Julius Husser, T.E.A.M. Security, T.E.A.M. Security LLC. (Attachments: #1 Proposed Order Defendants' Motion to Strike Plaintiffs' Additional Responses to Defendants' Motion to Dismiss Pursuant to Rule 12(f))(Mear, Richard) |
| Filing 28 RESPONSE to Motion re: #22 MOTION for Sanctions filed by Mickey Peter Hirko, Julius Husser, T.E.A.M. Security, T.E.A.M. Security LLC. (Mear, Richard) |
| Filing 27 BRIEF by Plaintiff Hillary Charles Polk. (Polk, Hillary) |
| Filing 26 Ninth MOTION to Compel DISCOVERY by Hillary Charles Polk. (Polk, Hillary) |
| Filing 25 DECLARATION of RULE 11 MOTION SUPPORT . re: #22 Motion for Sanctions filed by Hillary Charles Polk. (Polk, Hillary) Modified to link to motion on 2/10/2023 (KJ). |
| Filing 24 DECLARATION of RULE 11 MOTION SUPPORT . re: [22} Motion for Sanctions filed by Hillary Charles Polk. (Polk, Hillary) Modified to link to motion on 2/10/2023 (KJ). |
| Filing 22 MOTION for Sanctions by Hillary Charles Polk. (Polk, Hillary) |
| Filing 21 STRIKEN per Order (Doc. #31 ) *SUR-REPLY re: #17 Reply to Response to Motion to Dismiss Case filed by Hillary Charles Polk. (Polk, Hillary) *Modified to correct event/ linkage on 2/7/2023 (KJ). |
| Filing 23 MOTION to Withdraw #15 Notice of Service of Discovery by Hillary Charles Polk. (KJ) |
| Filing 20 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Hillary Charles Polk. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS) |
| Filing 19 STRIKEN per Order (Doc. #31 ) *SUR-REPLY re: #17 Reply to Response to Motion to Dismiss Case filed by Hillary Charles Polk. (Polk, Hillary) *Modified to correct event/ linkage on 2/7/2023 (KJ). |
| Filing 18 STRIKEN per Order (Doc. #31 ) *SUR-REPLY re: #17 Reply to Response to Motion to Dismiss Case filed by Hillary Charles Polk. (Polk, Hillary) *Modified to correct event/ linkage on 2/7/2023 (KJ). |
| Filing 17 REPLY to Response to Motion re: #12 MOTION to Dismiss Case MOTION to Dismiss for Failure to State a Claim filed by Mickey Peter Hirko, Julius Husser, T.E.A.M. Security, T.E.A.M. Security LLC. (Mear, Richard) |
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Filing 16
ORDER: IT IS HEREBY ORDERED denying Plaintiff's Motion to Produce Documents (Doc. #13 ) and striking his Notice of Service of Discovery (Doc. #15 ). (See attached Order). Signed by Judge John J Tuchi on 2/6/2023. (JAMA)
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| Filing 15 *(STRICKEN per Doc. #16 )*NOTICE of Service of Discovery re Interrogatories for all Defendants filed by Hillary Charles Polk. (CLM) (9 pages) Modified on 2/6/2023 (JAMA). |
| Filing 14 RESPONSE to Motion re: #12 MOTION to Dismiss Case filed by Hillary Charles Polk. (Attachments: #1 Exhibit)(CLM) (34 pages) |
| Filing 13 MOTION to Produce Documents by Hillary Charles Polk. (CLM) Modified to reflect pages 4-46 re-docketed at Doc. 14-15. *Response and Notice separated from original and filed at (Docs. #14 and #15 )* |
| Filing 12 MOTION to Dismiss Case , MOTION to Dismiss for Failure to State a Claim by Mickey Peter Hirko, Julius Husser, T.E.A.M. Security, T.E.A.M. Security LLC. (Mear, Richard) |
| Filing 11 NOTICE re: Defendants' Certificate of Conferral by Mickey Peter Hirko, Julius Husser, T.E.A.M. Security, T.E.A.M. Security LLC re: #5 Order, . (Mear, Richard) |
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Filing 10
ORDER granting #8 Motion to Allow Electronic Filing. The party is required to complete the Electronic Case File Registration form to register as a user with the Clerk's Office and to register as a subscriber to PACER (Public Access to Electronic Records) within five (5) days of the date of this Order. See document for complete details. Signed by Judge John J Tuchi on 1/20/2023. (KJ)
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| Filing 9 FIRST AMENDED COMPLAINT against Mickey Peter Hirko, T.E.A.M. Security LLC, Julius Husser filed by Hillary Charles Polk. (KJ) |
| Filing 8 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Hillary Charles Polk. (KJ) |
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Filing 7
ORDER: IT IS HEREBY ORDERED that Plaintiff shall file his First Amended Complaint ("FAC") no later than January 31, 2023. Defendants shall file their Answer or otherwise respond to the FAC 14 days after the filing of the FAC. (See attached Order). Signed by Judge John J Tuchi on 1/17/2023. (JAMA)
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| Filing 6 NOTICE re: Regarding Meet and Confer and Plaintiff's Agreement to File an Amended Complaint by Mickey Peter Hirko, T.E.A.M. Security, Unknown Party re: #5 Order, . (Mear, Richard) |
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Filing 5
ORDER: IT IS HEREBY ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. (See attached Order). Signed by Judge John J Tuchi on 1/11/2023. (JAMA)
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| Filing 4 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (MYE) |
| Filing 3 Filing fee paid, receipt number AAZDC-21475377. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-23-58-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) |
| Filing 2 Corporate Disclosure Statement by T.E.A.M. Security (named as Total Events and More LLC on PDF). (Mear, Richard) (MYE) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-016561. Filing fee received: $ 402.00, receipt number AAZDC-21475377 filed by T.E.A.M. Security, Mickey Peter Hirko, Unknown Party. (Mear, Richard) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(MYE) |
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