Belcher v. R&K Building Supplies et al
| David Belcher |
| R&K Building Supplies, Tony Camacho, Sergio Garcia, Jose Ramos, Mark Runyan, United States OSHA, Arizona Department of Transportation, Unknown Parties, Sergio Ruiz per doc and United States Occupational Safety & Health Administration |
| 2:2023cv00547 |
| March 31, 2023 |
| US District Court for the District of Arizona |
| Steven P Logan |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
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This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 40 REPLY to Response to Motion re: #28 MOTION to Dismiss for Failure to State a Claim Defendant R&K Building Supplies' Reply in Further Support of Its Motion to Dismiss Plaintiff's Complaint filed by R&K Building Supplies. (Pasqualone, Laura) |
| Filing 41 Mail Returned as Undeliverable. Mail sent to David Belcher. Reason for return: Return to Sender, Not Deliverable as Addressed, Unable to Forward. Document number #27 . (SMF) |
| Filing 39 NOTICE re: of Mailing Response to R&K Building Supplies by David Belcher. (SMF) |
| Filing 38 Mail Returned as Undeliverable. Mail sent to David Belcher. Reason for return: Return to Sender, Insufficient Address, Unable to Forward. Document number #30 . (SMF) |
Filing 37
ORDER denying as moot #31 Motion for Reconsideration. IT IS FURTHER ORDERED that the Order to Show Cause (Doc. #30 ) is satisfied. IT IS FURTHER ORDERED that Defendants Sergio Garcia, Jose Ramos, and Mark Runyan shall have until June 2, 2023, to file an answer to the Complaint and otherwise respond as provided by Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Steven P Logan on 5/17/23. (MJW)
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| Remark: Pro hac vice motion(s) granted for John Thomas McDonald on behalf of Defendants Sergio Garcia, R&K Building Supplies, Jose Ramos, Mark Runyan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 36
ORDER - The Voluntary Motion to Dismiss (Doc. #35 ) is granted. Defendants Arizona Department of Transportation and United States Occupational Safety & Health Administration are dismissed from this action without prejudice. Signed by Judge Steven P Logan on 5/16/23. (SMF)
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| Filing 35 MOTION to Dismiss Defendants ADOT and US OSHA by David Belcher. (SMF) |
| Filing 34 RESPONSE to Motion re: #31 MOTION for Reconsideration Defendants Sergio Ruiz (incorrectly named Sergio Garcia), Jose Ramos, and Mark Runyan's Motion for Reconsideration and to Clarify Responsive Pleading filed by David Belcher. (SMF) |
| Filing 33 RESPONSE to Motion re: #28 MOTION to Dismiss for Failure to State a Claim filed by David Belcher. (SMF) |
| Filing 32 SERVICE EXECUTED filed by Sergio Garcia, Jose Ramos, Mark Runyan: Rule 4 Waiver of Service of Summons. Waiver sent on 5/12/2023 to Sergio Ruiz (incorrectly named as Sergio Garcia), Jose Ramos, and Mark Runyan Defendants Sergio Ruiz (incorrectly named Sergio Garcia), Jose Ramos, and Mark Runyan's Waivers of the Service of Summons. (Pasqualone, Laura) |
| Filing 31 MOTION for Reconsideration Defendants Sergio Ruiz (incorrectly named Sergio Garcia), Jose Ramos, and Mark Runyan's Motion for Reconsideration and to Clarify Responsive Pleading by Sergio Garcia, Jose Ramos, Mark Runyan. (Attachments: #1 Exhibit Exhibits 1-3, #2 Proposed Order Order)(Pasqualone, Laura) |
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Filing 30
ORDER: IT IS ORDERED that Plaintiff must show cause in writing why this action should not be dismissed as to Defendants Garcia, Ramos, and Runyan for failure to prosecute no later than May 24, 2023, unless a responsive pleading pursuant to Rule 12 of the Federal Rules of Civil Procedure or an application for entry of default pursuant to Rule 55(a) is filed within such time. Signed by Judge Steven P Logan on 5/10/23. (MJW)
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| Filing 29 Corporate Disclosure Statement by R&K Building Supplies identifying Corporate Parent US LBM Holdings, LLC for R&K Building Supplies. (Pasqualone, Laura) |
| Filing 28 MOTION to Dismiss for Failure to State a Claim by R&K Building Supplies. (Attachments: #1 Exhibit 1-4)(Pasqualone, Laura) |
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Filing 27
ORDER granting #15 Motion for Extension of Time to Answer. Arizona Department of Transportation answer due 6/5/2023. Signed by Judge Steven P Logan on 5/4/23. (MJW)
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| Filing 26 SERVICE EXECUTED : Certificate of Service re: Summons/Complaint upon Sergio Garcia on 4/14/23. (SMF) |
| Filing 25 SERVICE EXECUTED : Certificate of Service re: Summons/Complaint upon United States Occupational Safety & Health Administration on 4/14/23. (SMF) |
| Filing 24 SERVICE EXECUTED : Certificate of Service re: Summons/Complaint upon Arizona Department of Transportation on 4/14/23. (SMF) |
| Filing 23 SERVICE EXECUTED : Certificate of Service re: Summons/Complaint upon Mark Runyan on 4/14/23. (SMF) |
| Filing 22 SERVICE EXECUTED : Certificate of Service re: Summons/Complaint upon Jose Ramos on 4/14/23. (SMF) |
| Filing 21 SERVICE EXECUTED : Certificate of Service re: Summons/Complaint upon R&K Building Supplies on 4/14/23. (SMF) |
| Filing 20 SERVICE EXECUTED : Certificate of Service re: Complaint upon R&K Building Supplies on 4/6/23. (SMF) |
| Filing 19 SERVICE EXECUTED : Certificate of Service re: Complaint upon Jose Ramos on 4/6/23. (SMF) |
| Filing 18 SERVICE EXECUTED : Certificate of Service re: Complaint upon Tony Camacho on 4/6/23. (SMF) |
| Filing 17 SERVICE EXECUTED : Certificate of Service re: Complaint upon Sergio Garcia on 4/6/23. (SMF) |
| Filing 16 SERVICE EXECUTED : Certificate of Service re: Complaint upon Mark Runyan on 4/6/23. (SMF) |
| Filing 15 MOTION for Extension of Time to File Answer re: #1 Complaint by Arizona Department of Transportation. (Attachments: #1 Proposed Order)(McKay, Neil) *Modified to correct linkage on 5/5/2023 (SMF). |
| Filing 14 NOTICE re: NOTICE FOR EXPEDITED CONSIDERATION by Arizona Department of Transportation . (McKay, Neil) |
| Filing 13 NOTICE of Mailing Order to R&K Building Supplies by David Belcher. (SMF) |
| Filing 12 NOTICE of Mailing Order to United States Occupational Safety & Health Administration by David Belcher. (SMF) |
| Filing 11 NOTICE of Mailing Order to Jose Ramos by David Belcher. (SMF) |
| Filing 10 NOTICE of Mailing Order to Arizona Department of Transportation by David Belcher. (SMF) |
| Filing 9 NOTICE of Mailing Order to Mark Runyan by David Belcher. (SMF) |
| Filing 8 NOTICE of Mailing Order to Sergio Garcia by David Belcher. (SMF) |
| Filing 7 NOTICE of Mailing Order to Tony Camacho by David Belcher. (SMF) |
| Filing 6 Summons Issued as to Arizona Department of Transportation, Sergio Garcia, R&K Building Supplies, Jose Ramos, Mark Runyan, United States Occupational Safety & Health Administration and provided to plaintiff's representative at counter. (BAS) |
| Filing 5 SUMMONS Submitted by Arizona Department of Transportation, Sergio Garcia, R&K Building Supplies, Jose Ramos, Mark Runyan, United States Occupational Safety & Health Administration at counter by plaintiff's representative. (BAS) |
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Filing 4
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. IT IS FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service with the Clerk of Court no later than June 29, 2023. IT IS FURTHER ORDERED that unless the Court orders otherwise, on June 29, 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 complete details. Signed by Judge Steven P Logan on 4/3/23. (MJW)
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| Filing 3 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. (BAS) |
| Filing 2 Filing fee paid, receipt number 200005670. This case has been assigned to the Honorable Steven P. Logan. All future pleadings or documents should bear the correct case number: CV23-00547-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAS) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 200005670 filed by David Belcher.(BAS) |
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