Martinez et al v. Penzone et al
| Miriam Martinez, Arcelia Romero Martinez and Angelica Tautimez |
| Paul Penzone, Maricopa, County of, Angelo Pearcy, Unknown Pearcy, Richard Bonilla, Unknown Bonilla, Kimberly Funchess, Unknown Funchess, Unknown Parties and Cinthya De Los Santos |
| 2:2023cv00662 |
| April 19, 2023 |
| US District Court for the District of Arizona |
| Michael T Morrissey (PS) |
| Michael T Morrissey |
| Roslyn O Silver |
| James A Teilborg |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 RESPONSE to Motion re: #16 MOTION to Dismiss for Failure to State a Claim [Defendants Sheriff Penzone, Maricopa County and Kimberly Funchess' Motion to Dismiss and Partially Dismiss] filed by Arcelia Romero Martinez, Miriam Martinez, Angelica Tautimez. (Attachments: #1 Exhibit A)(Wulkan, Lawrence) |
Filing 20
ORDER - The Stipulation (Doc. #19 ) is Granted. Plaintiffs' Response to the Maricopa County Defendants' Motion to Dismiss (Doc. #16 ) shall be filed on or before 6/16/23. Signed by Magistrate Judge Michael T Morrissey on 6/8/23. (SMF)
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| Filing 19 STIPULATION re: #16 MOTION to Dismiss for Failure to State a Claim [Defendants Sheriff Penzone, Maricopa County and Kimberly Funchess' Motion to Dismiss and Partially Dismiss] Extension of Time to File Plaintiffs Response by Arcelia Romero Martinez, Miriam Martinez, Angelica Tautimez. (Attachments: #1 Proposed Order)(Allen, Jennifer) |
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Filing 18
ORDER - Scheduling Conference set for 9/14/2023 at 10:00 AM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michael T Morrissey. See Order for further details. Signed by Magistrate Judge Michael T Morrissey on 6/1/23. (DXD)
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| Filing 17 NOTICE re: Certificate of Conferral by Kimberly Funchess, Maricopa, County of, Paul Penzone re: #16 MOTION to Dismiss for Failure to State a Claim [Defendants Sheriff Penzone, Maricopa County and Kimberly Funchess' Motion to Dismiss and Partially Dismiss] [Certificate of Conferral]. (Chamberlain, Kimberly) |
| Filing 16 MOTION to Dismiss for Failure to State a Claim [Defendants Sheriff Penzone, Maricopa County and Kimberly Funchess' Motion to Dismiss and Partially Dismiss] by Kimberly Funchess, Maricopa, County of, Paul Penzone. (Attachments: #1 Exhibit A - Declaration of Jessica Cerio)(Chamberlain, Kimberly) |
| Filing 15 * ANSWER to Complaint with Jury Demand by Richard Bonilla, Angelo Pearcy, Cinthya De Los Santos. (Uglietta, Ann) *Modified to add additional filer on 5/25/2023 (REK). |
| Filing 14 NOTICE of Appearance by Charles E Trullinger on behalf of Kimberly Funchess, Maricopa, County of, Paul Penzone. (Trullinger, Charles) |
| Filing 13 Summons Issued as to Angelo Pearcy. (DXD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 12 Summons Issued as to Cinthya De Los Santos. (DXD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
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Filing 11
ORDER - Defendants' Motion to Deny Issuance of Summons (Doc. #9 ) is denied. Signed by Magistrate Judge Michael T Morrissey on 5/2/23. (DXD)
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| Filing 10 SUMMONS Submitted by Arcelia Romero Martinez, Miriam Martinez, Angelica Tautimez. (Wulkan, Lawrence) |
| Filing 9 NOTICE re: Special Appearance and Response to Plaintiffs' Request to Issue Summons by Richard Bonilla, Cinthya De Los Santos, Angelo Pearcy re: #7 Request . (Attachments: #1 Exhibit 1-3)(Uglietta, Ann) |
| Filing 8 NOTICE TO FILER OF DEFICIENCY re: #7 Request. Defendant name does not match as they are listed in the Notice of Substitution (Doc. 6). FOLLOW-UP ACTION REQUIRED: Please refile corrected summonses addressed to Defendant, spelled exactly as listed in the case using the Service of Process/ Summons Submitted category. As soon as the Court receives the corrected summons, they will be issued on the following business day. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 7 REQUEST re: Request to Issue Summons by Plaintiffs Arcelia Romero Martinez, Miriam Martinez, Angelica Tautimez. (Attachments: #1 Summons Summons Angelo Pearcy, #2 Summons Summons Cinthya Solis De Los Santos)(Wulkan, Lawrence) |
| Filing 6 NOTICE re: Notice of Substitution of Defendant Unknown Spouse Pearcy by Arcelia Romero Martinez, Miriam Martinez, Angelica Tautimez . (Wulkan, Lawrence) |
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Filing 5
ORDER - Plaintiffs must either serve, or seek a waiver of service from, Defendants Pearcy pursuant to Fed. R. Civ. P. 4(m). The served Defendants Joint Motion for extension of time to file their response(s) to the Complaint (Doc. #3 ) is granted. Defendants Penzone, Bonilla, Funchess, and Maricopa County must answer the Complaint no later than 5/26/23. Plaintiffs have 120 days from the filing date of this Order in which to discover, by subpoena or otherwise, the identities of the Doe Defendants, and to file a "Notice of Substitution" for each Doe Defendant. This matter is assigned to the standard track pursuant to Rule 16.2(b)(3) of the Local Rules of Civil Procedure. This matter is referred to Magistrate Judge Michael T. Morrissey pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings. Signed by Senior Judge Roslyn O Silver on 4/26/23. (DXD)
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Filing 4
ORDER that this matter is reassigned to the Honorable Roslyn O. Silver, Senior United States District Judge. All further pleadings and papers submitted for filing shall bear the following complete case number: CV-23-662-PHX-ROS (MTM). Signed by Senior Judge James A Teilborg on 4/26/2023. (WLP)
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| Filing 3 Joint MOTION for Extension of Time to file Response to Complaint by Richard Bonilla, Angelo Pearcy, Paul Penzone, Kimberly Funchess. (Attachments: #1 Proposed Order) (Uglietta, Ann) *Modified to add filers on 4/26/2023 (DXD). |
| Filing 2 NOTICE OF ASSIGNMENT (SCA) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-004753. Filing fee received: $ 402.00, receipt number AAZDC-21824714 filed by Kimberly Funchess, Maricopa, County of, Paul Penzone. (Trullinger, Charles) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(SCA) |
| ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED: Certificate of Service re: Summons, Complaint, and Certificate of Compulsory Arbirtation upon Maricopa County on 4/5/2023. (Original filed in Maricopa County Superior Court on 4/12/2023)SERVICE EXECUTED: Certificate of Service re: Summons, Complaint, and Certificate of Compulsory Arbirtation upon Paul Penzone and Richard Badilla on 4/6/2023. (Original filed in Maricopa County Superior Court on 4/12/2023)SERVICE EXECUTED: Summons, Complaint, and Certificate of Compulsory Arbirtation upon Kimberly Funchess on 4/5/23. (SCA) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. Modified text on 4/27/2023 (DXD). |
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