Bemiss v. Alcazar et al
| John Bemiss |
| Andrew Alcazar, Russo and Steele LLC and Russo and Steele Phantom Equity Incentive Plan |
| 2:2023cv01481 |
| July 26, 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 September 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 51 NOTICE of Attorney Withdrawal of Christopher Lonn filed by Christopher Lonn. (Lonn, Christopher) |
Filing 50
ORDER setting a Telephonic Status Conference to discuss scheduling a Settlement Conference for September 28, 2023 at 10:00 a.m. Counsel for Plaintiff is directed to make arrangements for a call-in conference call. See document for details. Signed by Magistrate Judge Eileen S Willett on 9/19/2023. (WLP)
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Filing 49
RULE 16 SCHEDULING ORDER - Discovery due by 2/20/2024. Dispositive motions due by 3/19/2024. An Interim Rule 16 Status Conference is scheduled for February 27, 2024, at 10:00 a.m. Prior to the Interim Conference, counsel are to prepare and file a Joint Status Report by February 20, 2024. IT IS ORDERED the Rule 16 Case Management Conference set on Thursday, September 21, 2023, at 10:00 a.m., is VACATED. IT IS FURTHER ORDERED the Stipulation for Telephonic Appearance (Doc. #48 ) is DENIED AS MOOT. IT IS FURTHER ORDERED at the request of the parties, this case is referred by random lot to United States Magistrate Judge Eileen S. Willett for the purpose of conducting a settlement conference. IT IS FURTHER ORDERED the parties shall contact the chambers of the Honorable Willett no later than September 25, 2023, to schedule a settlement conference. See document for complete deadlines and details. Signed by Senior Judge Roslyn O Silver on 9/18/2023. (WLP)
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| Filing 48 STIPULATION for Telephonic Appearance by John Bemiss. (Attachments: #1 Proposed Order for Telephonic Appearance)(Preston, Sophia) |
| Filing 47 REPORT of Rule 26(f) Planning Meeting by John Bemiss. (Preston, Sophia) |
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Filing 46
Due to a conflict in the Court's calendar, IT IS ORDERED the Rule 16 Case Management Conference, presently set for September 22, 2023, at 10:00 a.m. is VACATED and RESET for September 21, 2023, at 10:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. Ordered by Senior Judge Roslyn O Silver. (RMC)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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Filing 45
ORDER setting Rule 16 Case Management Conference set for 9/22/2023 at 10:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. See attached document for complete details. Signed by Senior Judge Roslyn O Silver on 8/25/2023. (RMV)
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| Filing 44 Corporate Disclosure Statement by Andrew Alcazar, Russo and Steele LLC, Russo and Steele Phantom Equity Incentive Plan. (Mason, Christopher) |
| Filing 43 ANSWER to #1 Complaint, by Andrew Alcazar, Russo and Steele LLC, Russo and Steele Phantom Equity Incentive Plan.(Mason, Christopher) |
| Remark: Out of state attorney Taylor Preston 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 Sophia R Preston on behalf of Plaintiff John Bemiss. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 42
ORDER - IT IS ORDERED the Application (Doc. #41 ) is GRANTED. IT IS FURTHER ORDERED attorney Michael Newman and the law firm of Hinshaw & Culbertson, LLP are withdrawn as counsel of record for Defendants Andrew Alcazar, Russo and Steele, L.L.C., and the Russo and Steele Phantom Equity Incentive Plan. Signed by Senior Judge Roslyn O Silver on 8/7/2023. (SLQ)
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| Filing 41 MOTION to Withdraw as Attorney Michael Newman for Defendants by Andrew Alcazar, Russo and Steele LLC, Russo and Steele Phantom Equity Incentive Plan. (Attachments: #1 Proposed Order Order granting withdrawal of Michael Newman)(Mason, Christopher) |
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Filing 40
ORDER - IT IS ORDERED Defendants shall file their answers to the complaint no later than August 24, 2023. Signed by Senior Judge Roslyn O Silver on 7/28/2023. (SLQ)
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| Filing 39 NOTICE Re Transfer of 8:22-cv-1413-DOC (DFM) from the Central District of California to the District of Arizona. New Case Number: CV-23-1481-PHX-ROS. (MAP) |
| Filing 38 CASE TRANSFERRED IN from District of California Central; Case Number 8:22-cv-01413 . Original file certified copy of transfer order and docket sheet received |
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Filing 37
ORDER DENYING MOTION TO DISMISS AND TRANSFERRING CASE #19 by Judge David O. Carter. The Court DENIES Defendant's Motion to Dismiss (Dkt. 19) and TRANSFERS the case to the District of Arizona. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) [Transferred from cacd on 7/26/2023.]
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| Filing 36 SCHEDULING NOTICE by Judge David O. Carter: The Scheduling Conference set for 2/13/2023 is hereby VACATED and removed from calendar. A new date will be set by the Court after ruling is issued on Motion to Dismiss #19 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY [Transferred from cacd on 7/26/2023.] |
| Filing 35 SCHEDULING NOTICE by Judge David O. Carter. The Court finds the Defendant's MOTION to Dismiss Case or, in the Alterative, to Transfer #19 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the motion hearing set for FEBRUARY 13, 2023, is removed from the calendar and the motion is taken under submission. No appearances are necessary on FEBRUARY 13, 2023. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY [Transferred from cacd on 7/26/2023.] |
| Filing 34 SCHEDULING NOTICE by Judge David O. Carter: MOTION to Dismiss Case or, in the Alterative, to Transfer #19 and Scheduling Conference set for 1/9/2023 is CONTINUED to 2/13/2023 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 7/26/2023.] |
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Filing 33
ORDER by District Judge David O. Carter granting APPLICATION of Non-Resident Attorney Christopher M. Mason to Appear Pro Hac Vice on behalf of Defendants Andrew Alcazar, Russo and Steele Phantom Equity Incentive Plan, Russo and Steele, L.L.C. #25 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY [Transferred from cacd on 7/26/2023.]
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| Filing 32 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 to 3 days, filed by Plaintiff John Bemiss.. (Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 31 OBJECTIONS to Declaration (Motion related) #27 of John Bemiss in support of Reply to Opposition to Motion to Dismiss or, in the Alternative, to Transfer filed by Defendants Andrew Alcazar, Russo and Steele Phantom Equity Incentive Plan, Russo and Steele, L.L.C.. (Lonn, Christopher) [Transferred from cacd on 7/26/2023.] |
| Filing 30 DECLARATION of Christopher Mason re Reply (Motion related), #28 filed by Defendants Andrew Alcazar, Russo and Steele Phantom Equity Incentive Plan, Russo and Steele, L.L.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lonn, Christopher) [Transferred from cacd on 7/26/2023.] |
| Filing 29 DECLARATION of Andrew Alcazar re Reply (Motion related), #28 filed by Defendant Andrew Alcazar. (Attachments: #1 Exhibit A)(Lonn, Christopher) [Transferred from cacd on 7/26/2023.] |
| Filing 28 REPLY in support of Motion NOTICE OF MOTION AND MOTION to Dismiss Case or, in the Alterative, to Transfer #19 filed by Defendants Andrew Alcazar, Russo and Steele Phantom Equity Incentive Plan, Russo and Steele, L.L.C.. (Lonn, Christopher) [Transferred from cacd on 7/26/2023.] |
| Filing 27 DECLARATION of John Bemiss In opposition to NOTICE OF MOTION AND MOTION to Dismiss Case or, in the Alterative, to Transfer #19 filed by Plaintiff John Bemiss. (Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 26 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case or, in the Alterative, to Transfer #19 filed by Plaintiff John Bemiss. (Attachments: #1 Exhibit)(Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 25 APPLICATION of Non-Resident Attorney Christopher M. Mason to Appear Pro Hac Vice on behalf of Defendants Andrew Alcazar, Russo and Steele Phantom Equity Incentive Plan, Russo and Steele, L.L.C. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34491495) filed by Defendants Andrew Alcazar, Russo and Steele Phantom Equity Incentive Plan, Russo and Steele, L.L.C.. (Attachments: #1 Certificates of Standing, #2 Proposed Order) (Newman, Michael) [Transferred from cacd on 7/26/2023.] |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Michael A. S. Newman counsel for Defendants Andrew Alcazar, Russo and Steele Phantom Equity Incentive Plan, Russo and Steele, L.L.C.. Adding Michael A.S. Newman as counsel of record for Andrew Alcazar, Russo and Steele, L.L.C. and Steele Phantom Equity Incentive Plan for the reason indicated in the G-123 Notice. Filed by Defendants Andrew Alcazar, Russo and Steele, L.L.C., and Russo and Steele Phantom Equity Incentive Plan. (Attorney Michael A. S. Newman added to party Andrew Alcazar(pty:dft), Attorney Michael A. S. Newman added to party Russo and Steele Phantom Equity Incentive Plan(pty:dft), Attorney Michael A. S. Newman added to party Russo and Steele, L.L.C.(pty:dft))(Newman, Michael) [Transferred from cacd on 7/26/2023.] |
| Filing 23 RESPONSE filed by Plaintiff John Bemissto Order to Show Cause #18 (Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
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Filing 22
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 1/9/2023 at 08:30 AM before Judge David O. Carter. (kdu) [Transferred from cacd on 7/26/2023.]
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| Filing 21 Certificate and Notice of Interested Parties filed by Defendants Andrew Alcazar, Russo and Steele Phantom Equity Incentive Plan, Russo and Steele, L.L.C., identifying Josephine Alcazar and Alcazar Family Trust DTD. (Lonn, Christopher) [Transferred from cacd on 7/26/2023.] |
| Filing 20 DECLARATION of Andrew Alcazar in Support of NOTICE OF MOTION AND MOTION to Dismiss Case or, in the Alterative, to Transfer #19 filed by Defendants Andrew Alcazar, Russo and Steele Phantom Equity Incentive Plan, Russo and Steele, L.L.C.. (Attachments: #1 Exhibit A)(Lonn, Christopher) [Transferred from cacd on 7/26/2023.] |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case or, in the Alterative, to Transfer filed by Defendants Andrew Alcazar, Russo and Steele Phantom Equity Incentive Plan, Russo and Steele, L.L.C.. Motion set for hearing on 1/9/2023 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Exhibit A, #2 Proposed Order) (Attorney Christopher D Lonn, I added to party Andrew Alcazar(pty:dft), Attorney Christopher D Lonn, I added to party Russo and Steele Phantom Equity Incentive Plan(pty:dft), Attorney Christopher D Lonn, I added to party Russo and Steele, L.L.C.(pty:dft)) (Lonn, Christopher) [Transferred from cacd on 7/26/2023.] |
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Filing 18
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge David O. Carter. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 11/9/2022. (twdb) [Transferred from cacd on 7/26/2023.]
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| Filing 17 WAIVER OF SERVICE Returned Executed filed by Plaintiff John Bemiss. upon All Defendants. Waiver of Service signed by Chris M. Mason. (Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 16 EXHIBIT Filed filed by Plaintiff John Bemiss. as to Complaint (Attorney Civil Case Opening) #7 . (Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 15 CIVIL COVER SHEET filed by Plaintiff John Bemiss. (Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 14 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kdu) [Transferred from cacd on 7/26/2023.] |
| Filing 13 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #7 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) [Transferred from cacd on 7/26/2023.] |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #7 as to Defendants Andrew Alcazar, Russo and Steele Phantom Equity Incentive Plan, Russo and Steele, L.L.C. (ghap) [Transferred from cacd on 7/26/2023.] |
| Filing 11 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) [Transferred from cacd on 7/26/2023.] |
| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from cacd on 7/26/2023.] |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Douglas F. McCormick. (ghap) [Transferred from cacd on 7/26/2023.] |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #7 filed by Plaintiff John Bemiss. (Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 7 COMPLAINT Receipt No: ACACDC-33723858 - Fee: $402, filed by Plaintiff John Bemiss.(Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 6 NOTICE OF ERRATA filed by Plaintiff John Bemiss. correcting Summons Request #2 (Attachments: #1 Exhibit Corrected Summons)(Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 5 NOTICE OF ERRATA filed by Plaintiff John Bemiss. correcting Complaint (Attorney Civil Case Opening) #1 (Attachments: #1 Exhibit Corrected Complaint)(Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 4 Certification and Notice of Interested Parties filed by Plaintiff John Bemiss, (Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 3 Certification and Notice of Interested Parties of Interested Parties filed by Plaintiff John Bemiss, (Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff John Bemiss. (Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-33721937 - Fee: $402, filed by Plaintiff John Bemiss. (Attachments: #1 Exhibit Exhibits to Complaint) (Attorney Sophia R Preston added to party John Bemiss(pty:pla))(Preston, Sophia) [Transferred from cacd on 7/26/2023.] |
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