Rutherford v. Arizona Public Service Company et al
| David S Rutherford |
| Arizona Public Service Company, Local 387 Electrical Workers Building Association Union, APS Apprenticeship Program, APS Joint Apprenticeship Committee, Dan Koonz, Dennis Anthony, Vincent Massey, Eric Eager, Juan Huerta, Scott Taylor and AFL-CIO |
| 2:2023cv00899 |
| May 22, 2023 |
| US District Court for the District of Arizona |
| Roslyn O Silver |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
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Filing 24
ORDER granting #23 Plaintiff's Motion to Dismiss All Claims. Plaintiff's claims are dismissed without prejudice, each party to bear their own costs and fees. The Union Defendants' Motion to Dismiss for Lack of Jurisdiction (Doc. #22 ) is DENIED AS MOOT. The Clerk shall close this case. Signed by Senior Judge Roslyn O Silver on 8/9/23. (DXD)
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| Filing 23 MOTION to Dismiss Case by David S Rutherford. (Attachments: #1 Proposed Order)(Soto, Jacqueline) |
| Filing 22 *MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by AFL-CIO, Eric Eager, Local 387 Electrical Workers Building Association Union, Juan Huerta, Dan Koonz, Scott Taylor. (Attachments: #1 Affidavit Declarations of Gable, Koonz, Eager, Huerta, Taylor) (Enoch, Nicholas). *Modified to add motion part on 8/4/2023 (DXD). |
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Filing 21
ORDER - IT IS ORDERED the Unopposed Motion for Extension of Time (Doc. #20 ) is GRANTED. The APS Defendants shall have through August 11, 2023, to Answer or otherwise respond to the Complaint. Signed by Senior Judge Roslyn O Silver on 7/21/2023. (SLQ)
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| Filing 20 *MOTION for Extension of Time for Defendants to File Answer to the Complaint Unopposed by APS Apprenticeship Program, APS Joint Apprenticeship Committee, Dennis Anthony, Arizona Public Service Company, Vincent Massey. (Attachments: #1 Proposed Order Proposed Order)(Meister, Christopher) *Modified to correct event on 7/21/2023 (SLQ). |
| Filing 19 SERVICE EXECUTED filed by David S Rutherford: Rule 4 Waiver of Service of Summons. Waiver sent on 5/26/2023 to Joint Apprenticeship Committee . (Soto, Jacqueline) |
| Filing 18 SERVICE EXECUTED filed by David S Rutherford: Rule 4 Waiver of Service of Summons. Waiver sent on 5/26/2023 to Dennis Anthony . (Soto, Jacqueline) |
| Filing 17 SERVICE EXECUTED filed by David S Rutherford: Rule 4 Waiver of Service of Summons. Waiver sent on 5/26/2023 to Vincent Massey . (Soto, Jacqueline) |
| Filing 16 SERVICE EXECUTED filed by David S Rutherford: Rule 4 Waiver of Service of Summons. Waiver sent on 5/26/2023 to Arizona Public Service Company . (Soto, Jacqueline) |
| Filing 15 SERVICE EXECUTED filed by David S Rutherford: Rule 4 Waiver of Service of Summons. Waiver sent on 5/26/2023 to APS Apprenticeship Program . (Soto, Jacqueline) |
| Filing 14 AMENDED COMPLAINT against All Defendants filed by David S Rutherford.(Soto, Jacqueline) |
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Filing 13
ORDER - IT IS ORDERED Plaintiff's Motion for Leave to File First Amended Complaint (Doc. #12 ) is GRANTED. Plaintiff shall file the First Amended Complaint not later than July 21, 2023. Signed by Senior Judge Roslyn O Silver on 7/17/2023. (SLQ)
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| Filing 12 First MOTION to Amend/Correct by David S Rutherford. (Attachments: #1 Proposed Order)(Soto, Jacqueline) |
| Filing 11 SERVICE EXECUTED filed by David S Rutherford: Rule 4 Waiver of Service of Summons. Waiver sent on 5/26/2023 to Dan Koonz . (Soto, Jacqueline) |
| Filing 10 SERVICE EXECUTED filed by David S Rutherford: Rule 4 Waiver of Service of Summons. Waiver sent on 5/26/2023 to Scott Taylor . (Soto, Jacqueline) |
| Filing 9 SERVICE EXECUTED filed by David S Rutherford: Rule 4 Waiver of Service of Summons. Waiver sent on 5/26/2023 to Juan Huerta . (Soto, Jacqueline) |
| Filing 8 SERVICE EXECUTED filed by David S Rutherford: Rule 4 Waiver of Service of Summons. Waiver sent on 5/26/2023 to Eric Eager . (Soto, Jacqueline) |
| Filing 7 NOTICE of Appearance by Nicholas Jason Enoch on behalf of Eric Eager, Juan Huerta, Dan Koonz, Scott Taylor. (Enoch, Nicholas) |
| Filing 6 SERVICE EXECUTED filed by David S Rutherford: Rule 4 Waiver of Service of Summons. Waiver sent on 5/26/2023 to Local Union 387, Electrical Workers Building Association . (Barton, James) |
| Filing 5 NOTICE of Appearance by Nicholas Jason Enoch on behalf of Local 387 Electrical Workers Building Association Union. (Enoch, Nicholas) |
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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. 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 Senior Judge Roslyn O Silver on 5/24/2023. (SLQ)
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Filing 3
ORDER/NOTICE PURSUANT TO FED. R. CIV. P. 4(m) - IT IS ORDERED no later than August 21, 2023, Plaintiff shall file proof of service for every defendant located in a judicial district of the United States.IT IS FURTHER ORDERED no later than August 21, 2023, Plaintiff shall file a statement setting forth how and when service on any foreign defendant will be accomplished. (See document for complete details). Signed by Senior Judge Roslyn O Silver on 5/24/2023. (SLQ)
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| Filing 2 Filing fee paid, receipt number AAZDC-21927871. This case has been assigned to the Honorable Senior Judge Roslyn O Silver. All future pleadings or documents should bear the correct case number: CV-23-00899-PHX-ROS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) |
| Filing 1 COMPLAINT. Filing fee received: $402.00, receipt number AAZDC-21927871 filed by David S Rutherford. (Soto, Jacqueline) (Attachments: #1 Civil Cover Sheet)(BAC) |
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