Weiss v. Hyatt Corporation et al
| Marc Weiss |
| Hyatt Corporation, TK Elevator Corporation, H.E. Phoenix, LLC, Thyssenkrupp System Engineering, Inc., Unknown Parties, HE Phoenix LLC and Thyssenkrupp System Engineering Incorporated |
| Thyssenkrup Elevator Corporation |
| 2:2023cv00606 |
| April 11, 2023 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Real Property: Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on May 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 64 MINUTE ORDER: Pursuant to #56 and no Memorandum having been filed by the Plaintiff; Thyssenkrupp System Engineering Incorporated terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) |
| Filing 63 Corporate Disclosure Statement by HE Phoenix LLC, Hyatt Corporation identifying Corporate Parent Hyatt Hotels Corporation for HE Phoenix LLC, HE Phoenix LLC. (Conlon, Joseph) |
| Filing 62 Corporate Disclosure Statement by HE Phoenix LLC, Hyatt Corporation identifying Corporate Parent Hyatt Hotels Corporation for Hyatt Corporation, Hyatt Corporation. (Conlon, Joseph) |
| Filing 61 NOTICE of Service of Discovery filed by TK Elevator Corporation. (Johnston, Bradley) Modified to remove filer on 5/30/2023 (WLP). |
| Filing 60 NOTICE of Service of Discovery filed by HE Phoenix LLC, Hyatt Corporation. (Conlon, Joseph) |
Filing 59
ORDER granting #58 Motion to Substitute Attorney. Bradley J. Johnston and William P. Haynes of the Cavanagh Law Firm are substituted as counsel of record for TK Elevator Corporation in place of Thomas Michael Gaffney of Cole-Frieman & Mallon LLP (formerly of Olsen & Bruggemann) who is withdrawn as counsel of record. Signed by Judge Dominic W Lanza on 5/12/2023. (WLP)
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| Filing 58 MOTION to Substitute Attorney by TK Elevator Corporation. (Attachments: #1 Proposed Order)(Johnston, Bradley) |
| Remark: Pro hac vice motion(s) granted for Micha Harry Goldsman on behalf of Plaintiff Marc Weiss. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Out of state attorneys Micha Goldsman and Monica Lillo 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) |
| Remark: Pro hac vice motion(s) granted for Gene Jeffrey Goldsman on behalf of Plaintiff Marc Weiss. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 57
ORDER: On April 14, 2023, a deficiency notice was sent to counsel for Defendants H.E. Phoenix, LLC and Hyatt Corporation (Doc. #45 ) advising that counsel has failed to file the Corporate Disclosure Statement required by F.R.Civ.P.7.1 and LRCiv. 7.1.1. Counsel was given 14 days to file the Corporate Disclosure Statement. Counsel for Defendants has failed to respond to the deficiency notice and file the required Corporate Disclosure Statement. IT IS ORDERED that Defendants H.E. Phoenix, LLC and Hyatt Corporation file its Corporate Disclosure Statement not later than 10 business days from the date of this Order [see attached Order for details]. Signed by Judge Dominic W Lanza on 5/5/23. (MAW)
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Filing 56
ORDER that Hyatt Corporation and HE Phoenix LLC's "application" for substitution of counsel (Doc. #51 ) is granted. J. Scott Conlon is hereby substituted in place of Bradley P. Childers as counsel of record for Defendants Hyatt Corporation and H.E. Phoenix, LLC. IT IS FURTHER ORDERED that Thomas Michael Gaffney shall file, by May 11, 2023, an application for withdrawal as counsel of record for Defendant TK Elevator Corporation. IT IS FURTHER ORDERED that TK Elevator Corporation's Phoenix counsel shall serve Mr. Gaffney with a copy of this order as soon as possible and at any rate by 5:00 p.m., May 5, 2023. IT IS FURTHER ORDERED that the Clerk of Court shall update the docket to reflect that Joseph Scott Conlon is not (and has never been) counsel of record for Defendant TK Elevator Corporation. IT IS FURTHER ORDERED that the unopposed joint motion to extend deadline (Doc. #55 ) is granted. The deadline for Hyatt Corporation, H.E. Phoenix, LLC and TK Elevator Corporation to submit initial disclosure statements is extended to May 16, 2023. IT IS FURTHER ORDERED that by May 18, 2023, Plaintiff shall file a memorandum, not to exceed 5 pages, showing cause why Thyssenkrupp System Engineering, Inc. should not be dismissed for failure to prosecute. IT IS FURTHER ORDERED that if Plaintiff fails to comply with this order, the Clerk of Court shall, on May 19, 2023, dismiss Thyssenkrupp System Engineering, Inc. without prejudice for failure to prosecute and failure to comply with this order. See document for complete details. Signed by Judge Dominic W Lanza on 5/4/2023. (WLP)
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| Filing 55 MOTION for Extension of Time to Extend Deadline to Exchange Initial Disclosure Statements by HE Phoenix LLC, Hyatt Corporation, TK Elevator Corporation. (Attachments: #1 Proposed Order) (Conlon, Joseph) *Motion termed pursuant to #56 Order on 5/12/2023 (KJ). |
| Filing 54 NOTICE of Appearance by Joseph Scott Conlon on behalf of HE Phoenix LLC, Hyatt Corporation. (Conlon, Joseph) |
| Filing 53 Mail Returned as Undeliverable. Mail sent to Thomas Michael Gaffney. Reason for return: Return to Sender - Attempted Not Known - Unable to Forward. Document number #47 . (WLP) |
| Filing 51 MOTION to Substitute Attorney by HE Phoenix LLC, Hyatt Corporation . (Conlon, Joseph) Modified to correct event on 4/28/2023 (WLP). Motion termed pursuant to #56 Order on 5/12/2023 (KJ). |
| Filing 52 Mail Returned as Undeliverable. Mail sent to Thomas Michael Gaffney. Reason for return: Return to Sender - Forward Time Expired. Document number #45 . (WLP) |
| Filing 49 DEFENDANT'S DEMAND for Jury Trial by TK Elevator Corporation. (Johnston, Bradley) |
| Filing 48 ANSWER to Complaint with Jury Demand by TK Elevator Corporation.(Johnston, Bradley) |
| Filing 50 Mail Returned as Undeliverable. Mail sent to Thomas Michael Gaffney. Reason for return: Forwarding Time Expired - Return to Sender. Document number #42 , #43 , #44 . (Attachments: #1 Additional return)(WLP) |
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Filing 47
SCHEDULING ORDER: Discovery due by 2/12/2024. Dispositive motions due by 2/26/2024 [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/17/23. (MAW)
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Filing 46
ORDER: The Court, having reviewed the parties' joint Rule 26(f) report concludes it is unnecessary to hold a Rule 16 Case Management Conference. The Court will separately issue the Case Management Order. Counsel are to note at Item 12 of the Case Management Order that the deadlines are real, and the Court will enforce the deadlines set forth in the Order. The parties should plan their litigation activities accordingly. 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 45 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 H.E. Phoenix, LLC and Hyatt Corporation. (MAW) |
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Filing 44
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 July 11, 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 4/14/23. (MAW)
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| Filing 43 Letter Re Transfer of 8:22-cv-2187-DOC (DFM) from the Central District of California to the District of Arizona. New Case Number: CV-23-00606-PHX-DWL. (MAP) |
| Filing 42 CASE TRANSFERRED IN from District of California Central; Case Number 8:22-cv-02187 . Original file certified copy of transfer order and docket sheet received |
| Filing 41 MINUTES (IN CHAMBERS) by Judge David O. Carter: Granting #30 MOTION to Transfer Case. Accordingly, Defendants Motion to Transfer (Dkt. 30) is GRANTED. The Clerk is DIRECTED to TRANSFER this action to the United States District Court for the District of Arizona. Case transferred to the District of Arizona. Original file electronically sent. MD JS-6. Case Terminated. (twdb) [Transferred from cacd on 4/11/2023.] |
| Filing 40 MINUTES OF Scheduling Conference (not held); Motion Hearing held before Judge David O. Carter: Motion to Transfer Venue 12B (3) #30 . The scheduling conference will be reset for a future date as determined by the Court. Motion to Transfer Venue #30 is taken under submission, the Courts written order to issue. Court Reporter: Court Smart. (twdb) [Transferred from cacd on 4/11/2023.] |
| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Micha H Goldsman counsel for Plaintiff Marc Weiss. Filed by Plaintiff Marc Weiss. (Goldsman, Micha) [Transferred from cacd on 4/11/2023.] |
| Filing 38 SCHEDULING NOTICE by Judge David O. Carter re Motion to Transfer Venue 12B(3) #30 ; Motion set for hearing on 4/3/2023 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY [Transferred from cacd on 4/11/2023.] |
| Filing 37 SCHEDULING NOTICE by Judge David O. Carter Scheduling Conference set for 3/20/2023 is CONTINUED to 4/3/2023 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY [Transferred from cacd on 4/11/2023.] |
| Filing 36 REPLY Reply to Opposition Motion to Transfer Venue 12B(3) filed by Defendant TK Elevator Corporation. (Gaffney, Thomas) [Transferred from cacd on 4/11/2023.] |
| Filing 35 First STIPULATION for Discovery as to Initial Disclosures filed by Defendant TK Elevator Corporation.(Gaffney, Thomas) [Transferred from cacd on 4/11/2023.] |
| Filing 34 STATUS REPORT of RULE 26F Joint Report filed by Defendant TK Elevator Corporation. (Gaffney, Thomas) [Transferred from cacd on 4/11/2023.] |
| Filing 33 OPPOSITION filed by Plaintiff Marc Weiss. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Response, Motion to Transfer #30 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests-Transfer Case. Noticed motion hearing date is not indicated in docket entry text In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) [Transferred from cacd on 4/11/2023.] |
| Filing 31 CORPORATE DISCLOSURE STATEMENT Cert of Interested Parties filed by Defendant TK Elevator Corporation identifying TK Elevator Corporation as Corporate Parent. (Gaffney, Thomas) [Transferred from cacd on 4/11/2023.] |
| Filing 30 RESPONSE filed by Defendant TK Elevator Corporationto Complaint (Attorney Civil Case Opening) #1 Motion to Transfer Venue 12B(3) (Attachments: #1 Proposed Order)(Gaffney, Thomas) Modified on 4/4/2023 (twdb). [Transferred from cacd on 4/11/2023.] |
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Filing 29
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 3/20/2023 at 08:30 AM before Judge David O. Carter. (See attached Order for complete details.) (kdu) [Transferred from cacd on 4/11/2023.]
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| Filing 28 Fourth STIPULATION for Extension of Time to File Response filed by Defendant TK Elevator Corporation.(Gaffney, Thomas) [Transferred from cacd on 4/11/2023.] |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Gene J Goldsman counsel for Plaintiff Marc Weiss. Adding Micha Goldsman as counsel of record for Marc Weiss for the reason indicated in the G-123 Notice. Filed by Plaintiff MARC WEISS. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 26 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kdu) [Transferred from cacd on 4/11/2023.] |
| Filing 25 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen E. Scott to Judge David O. Carter for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Douglas F. McCormick. The case number will now reflect the initials of the transferee Judges 8:22-cv-02187 DOC(DFMx). (rn) [Transferred from cacd on 4/11/2023.] |
| Filing 24 Third STIPULATION for Extension of Time to File Response filed by Defendant TK Elevator Corporation.(Gaffney, Thomas) [Transferred from cacd on 4/11/2023.] |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Bradley P Childers counsel for Defendants H.E. Phoenix, LLC., Hyatt Corporation, Cross Claimants H.E. Phoenix, LLC., Hyatt Corporation. Adding Andrew J. Taylor as counsel of record for HYATT CORPORATION; H.E. PHOENIX, LLC for the reason indicated in the G-123 Notice. ANDREW J. TAYLOR will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendants HYATT CORPORATION; and H.E. PHOENIX, LLC. (Childers, Bradley) [Transferred from cacd on 4/11/2023.] |
| Filing 22 Second STIPULATION for Extension of Time to File Response as to Complaint (Attorney Civil Case Opening) #1 filed by Defendant TK Elevator Corporation.(Gaffney, Thomas) [Transferred from cacd on 4/11/2023.] |
| Filing 21 Joint STIPULATION for Extension of Time to File Response filed by Defendant TK Elevator Corporation.(Attorney Thomas Michael Gaffney added to party TK Elevator Corporation(pty:dft))(Gaffney, Thomas) [Transferred from cacd on 4/11/2023.] |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #16 . The following error(s) was/were found: Missing on title page, caption of Crossclaim parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) [Transferred from cacd on 4/11/2023.] |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Miscellaneous Document, #17 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Waiver of Service Executed. The correct efiling event will calculate the Answer due date. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) [Transferred from cacd on 4/11/2023.] |
| Filing 18 CERTIFICATE of Interested Parties filed by Defendants H.E. Phoenix, LLC., Hyatt Corporation, identifying HYATT CORPORATION; H.E. PHOENIX, LLC; THYSSENKRUP ELEVATOR CORPORATION; and TK ELEVATOR CORPORATION. (Childers, Bradley) [Transferred from cacd on 4/11/2023.] |
| Filing 17 Notice of Lawsuit & Request to Waive Service of Summons filed by Cross Claimants H.E. Phoenix, LLC., Hyatt Corporation re: Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #16 (Attachments: #1 Waiver of the Service of Summons, #2 Waiver of the Service of Summons)(Childers, Bradley) [Transferred from cacd on 4/11/2023.] |
| Filing 16 ANSWER to Complaint (Attorney Civil Case Opening) #1 , CROSSCLAIM against TK Elevator Corporation, Thyssenkrup Elevator Corporation filed by Defendants Hyatt Corporation, H.E. Phoenix, LLC..(Attorney Bradley P Childers added to party H.E. Phoenix, LLC.(pty:dft), Attorney Bradley P Childers added to party Hyatt Corporation(pty:dft))(Childers, Bradley) [Transferred from cacd on 4/11/2023.] |
| Filing 15 PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Marc Weiss, upon Defendant Thyssenkrupp System Engineering, Inc. served on 12/29/2022, answer due 1/19/2023. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 14 PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Marc Weiss, upon Defendant TK Elevator Corporation served on 12/29/2022, answer due 1/19/2023. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 13 PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Marc Weiss, upon Defendant Hyatt Corporation served on 12/29/2022, answer due 1/19/2023. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 12 PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Marc Weiss, upon Defendant H.E. Phoenix, LLC. served on 1/10/2023, answer due 1/31/2023. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 11 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Marc Weiss. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants H.E. Phoenix, LLC., Hyatt Corporation, TK Elevator Corporation, Thyssenkrupp System Engineering, Inc.. (Attachments: #1 H.E. Phoenix, LLC., #2 TK Elevator Corporation, #3 Thyssenkrupp System Engineering, Inc.) (sh) [Transferred from cacd on 4/11/2023.] |
| Filing 9 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen E. Scott. (Attachments: #1 CV-11C) (sh) [Transferred from cacd on 4/11/2023.] |
| Filing 8 CIVIL COVER SHEET filed by Plaintiff Marc Weiss. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Marc Weiss. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Marc Weiss. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Marc Weiss. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Marc Weiss. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Marc Weiss, (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Marc Weiss. (Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-34426360 - Fee: $402, filed by Plaintiff Marc Weiss. (Attorney Gene J Goldsman added to party Marc Weiss(pty:pla))(Goldsman, Gene) [Transferred from cacd on 4/11/2023.] |
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