Customers Bank v. Endeavor 1 LLC et al
| Customers Bank |
| Richard K Murray, Endeavor 1 LLC, Endeavor AL LLC, Axcent LLC, Endeavor 2 LLC, Endeavor 3 LL, Endeavor 4 LLC, Endeavor Development LLC, Oceanus Incorporated, Kyle R Scott, Rick Murray, Xilin Ding, Yang Shao, Unknown Parties, Endeavor 1 LLC an Arizona limited liability doing business as Adagio House and Endeavor 3 LLC |
| 2:2023cv00374 |
| March 2, 2023 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 RESPONSE to Motion re: #31 MOTION to Halt Foreclosure Proceedings filed by Customers Bank. (Attachments: #1 Exhibit 1)(Sloan, Matthew) |
| Filing 35 RESPONSE to Motion re: #28 MOTION to Remand to State Court filed by Customers Bank. (Sloan, Matthew) |
Filing 34
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #33 ) is granted. The deadline for Defendants Kyle R. Scott, Richard K. Murray, Axcent, LLC, and Endeavor 4, LLC to respond to the complaint is extended to May 8, 2023. Ordered by Judge Dominic W Lanza on 4/19/23. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 33 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Axcent LLC, Endeavor 4 LLC, Richard K Murray, Kyle R Scott. (Attachments: #1 Proposed Order)(Lishko, Andrew) |
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Filing 32
ORDER: On April 14, 2023, Defendant Yang Shao, who is proceeding pro se, filed a "Motion to Halt Foreclosure Proceedings." (Doc. #31 .) The Court construes this motion as a request for a preliminary injunction to stop a trustee's sale that is otherwise planned for May 18, 2023. Accordingly, any response is due by April 28, 2023 and any reply is due by May 5, 2023. Once the motion is fully briefed, and assuming the case has not been remanded by that point, the Court will review the motion papers and determine whether a hearing is necessary. Ordered by Judge Dominic W Lanza on 4/17/23. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 31 MOTION to Halt Foreclosure Proceedings by Yang Shao. (Attachments: #1 Envelope)(DXD) |
| Filing 30 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. (KJ) |
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Filing 29
ORDER: Plaintiff's motion to extend the deadline for the parties to file a joint Rule 26(f) report is granted in part and denied in part. The deadline is extended to 5/10/2023. Ms. Shao shall file a response to the pending motion to remand (Doc. #28 ) by 4/24/2023. Additionally, Ms. Shao shall participate in the meet and confer effort for the joint Rule 26(f) report. The Clerk shall file the pro se litigant materials for Ms. Shao's benefit that customarily are filed in actions in which a litigant proceeds pro se. Signed by Judge Dominic W Lanza on 4/13/2023. (KJ)
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| Filing 28 MOTION to Remand to State Court by Axcent LLC, Endeavor 4 LLC, Richard K Murray, Kyle R Scott. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order)(Lishko, Andrew) |
| Filing 27 NOTICE of Appearance by Andrew Scott Lishko on behalf of Richard K Murray, Kyle R Scott. (Lishko, Andrew) |
| Filing 26 NOTICE of Appearance by Andrew Scott Lishko on behalf of Endeavor 4 LLC. (Lishko, Andrew) |
| Filing 25 NOTICE of Appearance by Andrew Scott Lishko on behalf of Axcent LLC. (Lishko, Andrew) |
| Filing 24 REPORT of Rule 26(f) Planning Meeting by Customers Bank. (Sloan, Matthew) |
| Filing 23 MOTION for Extension of Time to File Joint Case Management Report Deadline by Customers Bank. (Attachments: #1 Text of Proposed Order)(Sloan, Matthew) |
| Filing 22 SERVICE EXECUTED filed by Customers Bank : Acceptance of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Kyle R. Scott on 4/6/2023. (Sloan, Matthew) |
| Filing 21 SERVICE EXECUTED filed by Customers Bank : Acceptance of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Endeavor 4, LLC on 4/6/2023. (Sloan, Matthew) |
| Filing 20 SERVICE EXECUTED filed by Customers Bank : Acceptance of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Axcent LLC on 4/6/2023. (Sloan, Matthew) |
| Filing 19 SERVICE EXECUTED filed by Customers Bank : Affidavit of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Endeavor Development, LLC on 3/13/2023. (Sloan, Matthew) |
| Filing 18 SERVICE EXECUTED filed by Customers Bank : Certificate of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Endeavor 4, LLC on 2/23/2023. (Sloan, Matthew) |
| Filing 17 SERVICE EXECUTED filed by Customers Bank : Certificate of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Endeavor 3, LLC on 2/23/2023. (Sloan, Matthew) |
| Filing 16 SERVICE EXECUTED filed by Customers Bank : Certificate of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Endeavor 2, LLC on 2/23/2023. (Sloan, Matthew) |
| Filing 15 SERVICE EXECUTED filed by Customers Bank : Affidavit of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Xilin Ding on 2/4/2023. (Sloan, Matthew) |
| Filing 14 SERVICE EXECUTED filed by Customers Bank : Affidavit of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Oceanus Inc. on 2/4/2023. (Sloan, Matthew) |
| Filing 13 SERVICE EXECUTED filed by Customers Bank : Affidavit of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Endeavor AL, LLC on 2/4/2023. (Sloan, Matthew) |
| Filing 12 SERVICE EXECUTED filed by Customers Bank : Affidavit of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Endeavor 1, LLC, d.b.a. Adagio House on 2/4/2023. (Sloan, Matthew) |
| Filing 11 SERVICE EXECUTED filed by Customers Bank : Affidavit of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Yang Shao on 2/4/2023. (Sloan, Matthew) |
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Filing 10
ORDER: Pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure, the Court will issue a scheduling order after receiving the parties' Rule 26(f) report. After reviewing the Rule 26(f) report, the Court will set a case management conference if meeting with the parties appears necessary or helpful. Accordingly, IT IS ORDERED as follows: The parties are directed to meet, confer, and develop a Rule 26(f) Joint Case Management Report, which must be filed no later than April 7, 2023 [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/10/23. (MAW)
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| Filing 9 ANSWER to #1 Notice of Removal by Yang Shao. (4 pages)(KJ) |
| Filing 8 Corporate Disclosure Statement by Customers Bank identifying Corporate Parent Customers Bancorp., Inc. for Customers Bank. (Sloan, Matthew) |
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Filing 7
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on June 1, 2023, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/7/23. (MAW)
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Filing 6
ORDER: The application to withdraw as counsel with client consent (Doc. #4 ) is granted. Attorney Brian K. Stanley is withdrawn as counsel of record for Defendant Yang Shao. Signed by Judge Dominic W Lanza on 3/6/2023. (KJ)
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| Filing 5 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 Customers Bank. (KJ) |
| Filing 4 EX PARTE MOTION to Withdraw as Attorney for Defendant Yang Shao by Yang Shao. (Attachments: #1 Proposed Order) (Stanley, Brian) Modified to correct filer on 3/6/2023 (KJ). |
| Filing 3 *Filing fee paid, receipt number AAZDC-21640473. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-23-00374-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REM) *Modified on 3/14/2023 to correct docket text (REM). |
| Filing 2 SERVICE EXECUTED : Amended Certificate of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Richard K Murray on 2/6/2023. (Original filed in Maricopa County Superior Court on 2/15/2023. (REM) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-000859. Filing fee received: $ 402.00, receipt number AAZDC-21640473 filed by Yang Shao. (Stanley, Brian) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(REM) |
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