Universal Services of America LP et al v. Mazzon
| Universal Services of America LP, Universal Protection Service LP and Universal Building Maintenance LLC doing business as Allied Universal Janitorial Services |
| Daniel Mazzon |
| 2:2023cv00463 |
| March 16, 2023 |
| US District Court for the District of Arizona |
| Douglas L Rayes |
| James A Teilborg |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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Filing 31
ORDER - Plaintiffs' Motion for a TRO and PI (Doc. #2 ) is DENIED. Signed by Senior Judge James A Teilborg on 5/1/23. (SMF)
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| Filing 30 REPLY to Response to Motion re: #23 MOTION to Dismiss for Failure to State a Claim DEFENDANT'S RULE 12(B)(6) DEFENDANT'S REPLY IN SUPPORT OF RULE 12(B)(6) MOTION TO DISMISS filed by Daniel Mazzon. (Horne, Mark) |
| Filing 29 REPLY to Response to Motion re: #2 MOTION for Temporary Restraining Order and Preliminary Injunction with Notice filed by Universal Building Maintenance LLC, Universal Protection Service LP, Universal Services of America LP. (Fitzgibbons, Denis) |
| Filing 28 RESPONSE in Opposition re: #23 MOTION to Dismiss for Failure to State a Claim DEFENDANT'S RULE 12(B)(6) filed by Universal Building Maintenance LLC, Universal Protection Service LP, Universal Services of America LP. (Fitzgibbons, Denis) |
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Filing 27
ORDER - That any motion to remand is due within 30 days of removal. 28U.S. Code 1447(c). Plaintiff's response to Defendant's Motion to Dismiss (Doc. #23 ) is due by 4/19/23. The stipulation at Doc. #25 is granted to the extent that Plaintiff's reply in support of the Motion for Temporary Restraining Order and Preliminary Injunction is due by 4/21/23. Signed by Senior Judge James A Teilborg on 4/7/23. (SMF)
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| Filing 26 NOTICE re: Notice of Lodging Proposed Order Granting Stipulation for Extension of Time to File Reply to Defendant's Response to Motion for Temporary Restraining Order by Universal Building Maintenance LLC, Universal Protection Service LP, Universal Services of America LP . (Fitzgibbons, Denis) |
| Filing 25 STIPULATION FOR EXTENSION OF TIME TO FILE REPLY TO DEFENDANTS RESPONSE TO MOTION FOR TEMPORARY RESTRAINING ORDER by Universal Building Maintenance LLC, Universal Protection Service LP, Universal Services of America LP. (Attachments: #1 Proposed Order Granting Stipulation for Extension of Time to File Reply to Defendant's Response to Motion for Temporary Restraining Order)(Fitzgibbons, Denis) |
| Filing 24 NOTICE re: DEFENDANT'S CERTIFICATE OF GOOD FAITH CONSULTATION by Daniel Mazzon re: #23 MOTION to Dismiss for Failure to State a Claim DEFENDANT'S RULE 12(B)(6) . (Horne, Mark) |
| Filing 23 MOTION to Dismiss for Failure to State a Claim DEFENDANT'S RULE 12(B)(6) by Daniel Mazzon. (Horne, Mark) |
| Remark: Pro hac vice motion(s) granted for Matthew Crawford on behalf of Plaintiffs Universal Building Maintenance LLC, Universal Protection Service LP, Universal Services of America LP. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 22
STANDARD CIVIL TRACK ORDER. Signed by Senior Judge James A Teilborg on 4/3/23. (MJW)
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| Filing 21 RESPONSE to Motion re: #2 MOTION for Temporary Restraining Order DEFENDANT RESPONSE TO PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION WITH NOTICE filed by Daniel Mazzon. (Horne, Mark) |
| Filing 20 *SUPPLEMENT re: TO NOTICE REMOVAL by Daniel Mazzon re: #1 Notice of Removal, . (Horne, Mark) *Modified to corret event on 3/31/2023 (SMF). |
| Remark: Out of state attorneys Grace M Goodheart and Matthew D Crawford terminated as counsel of record 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 19
ORDER: IT IS ORDERED that the Court will take no action on the Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #2 ) until the deadline for filing a motion to remand expires. IT IS FURTHER ORDERED that, by March 31, 2023, Defendant must file a supplement to the notice of removal fully alleging the citizenship of every party or this case will be remanded for lack of federal subject matter jurisdiction. IT IS FURTHER ORDERED that there will be NO EXTENSIONS of Defendant's deadline to respond to the motion for temporary restraining order and preliminary injunction. Signed by Senior Judge James A Teilborg on 3/24/23. (MJW)
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Filing 18
ORDER that this matter has been reassigned by random lot to the Honorable James A. Teilborg. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-23-00463-PHX-JAT. Pending: Motion for Temporary Restraining Order and Preliminary Injunction #2 . Signed by Judge Douglas L Rayes on 3/24/2023. (REK)
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Filing 17
ORDER: IT IS ORDERED, pursuant to the parties' #16 Stipulation for Extension of Time to File Response to Complaint, the deadline for Defendant Daniel Mazzon to answer or otherwise respond to Plaintiffs' complaint is extended to and including 4/5/2023. Briefing on the #2 Motion for Temporary Restraining Order and Preliminary Injunction remains due in accordance with LRCiv 7.2. Ordered by Judge Douglas L Rayes on 3/23/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 16 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Daniel Mazzon. (Attachments: #1 Proposed Order PROPOSED ORDER GRANTING STIPULATION)(Horne, Mark) |
| Filing 15 Corporate Disclosure Statement by Universal Building Maintenance LLC. (Fitzgibbons, Denis) |
| Filing 14 Corporate Disclosure Statement by Universal Protection Service LP. (Fitzgibbons, Denis) |
| Filing 13 Corporate Disclosure Statement by Universal Services of America LP. (Fitzgibbons, Denis) |
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Filing 12
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. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 3/16/2022. (RMV)
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Filing 11
ORDER: This matter recently was removed to this Court on the basis of diversity jurisdiction, and the record reflects a pending motion for a temporary restraining order and preliminary injunction (Doc. #2 ) filed by Plaintiffs when this case was in state court. Defendant is an Arizona citizen. This Court has jurisdiction only if no Plaintiff is an Arizona citizen. Plaintiffs are two limited partnerships and one limited liability company. The two LPs take on the citizenship of the states in which their partners are citizens, and the LLC takes on the citizenship of the states in which its owners/members are citizens. The complaint does not plead the citizenship of these partners/owners/members, and the notice of removal states only that Defendant believes none are Arizona citizens. Federal Rule of Civil Procedure 7.1(a)(2) requires a party in a diversity case to identify the citizenship of every individual or entity whose citizenship is attributed to that party. The Court will not take action on the pending motion for a temporary restraining order and preliminary injunction until Plaintiffs submit the required disclosures and the Court is satisfied that it has subject-matter jurisdiction over this case. Ordered by Judge Douglas L Rayes on 3/16/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 10 NOTICE re: DEFENDANT'S NOTICE OF PENDING MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION WITH NOTICE by Daniel Mazzon re: 4 Notice of Deficiency (Text Only), . (Horne, Mark) |
| Filing 9 SUPPLEMENTAL CIVIL COVER SHEET by Defendant Daniel Mazzon. (Horne, Mark) |
| Filing 8 NOTICE TO PARTY 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 Universal Services of America LP. (MCO) |
| Filing 7 NOTICE TO PARTY 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 Universal Protection Service LP. (MCO) |
| Filing 6 NOTICE TO PARTY 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 Universal Building Maintenance LLC. (MCO) |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Daniel Mazzon. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the Supplemental Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please file Supplemental Civil Cover Sheet. 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. (MCO) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Daniel Mazzon. Document not in compliance with LRCiv 3.6(d). FOLLOW-UP ACTION REQUIRED: Please file a "Notice" of Pending Motion. 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. (MCO) |
| Filing 3 Filing fee paid, receipt number AAZDC-21707042. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-23-0463-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 2 MOTION for Temporary Restraining Order by Universal Building Maintenance LLC, Universal Protection Service LP, Universal Services of America LP. (Attachments: #1 Exhibit)(MCO) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-090882 (TRO Requested). Filing fee received: $ 402.00, receipt number AAZDC-21707042 filed by Daniel Mazzon. (Horne, Mark) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(MCO) |
| ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED : Declaration of Service re: Summons/Complaint/Certificate of Compulsory Arbitration upon Daniel Mazzon on 2/25/2023. (Original file in Maricopa County Superior Court on 3/3/2023) (MCO) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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