Dan D Peterson Living Trust Dated April 2, 2009 v. Fyve LLC
| Dan D Peterson Living Trust Dated April 2, 2009 |
| Fyve LLC |
| 2:2023cv01874 |
| September 7, 2023 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
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Filing 22
ORDER granting in part and denying in part Plaintiff Dan D. Peterson Living Trust's Motion for Temporary Restraining Order and Preliminary Injunction #2 and Defendant Fyve, Inc.'s Cross-Motion for Temporary Restraining Order and Preliminary Injunction #9 . Dan Peterson, as Trustee of the Dan D. Peterson Living Trust, dated April 2, 2009 (the "Trust"), owns 100% of the membership interest of Dan Peterson Property Management, LLC, an Arizona limited liability company (the "Company"), and the Trust is entitled to the economic rights associated therewith. The Company shall continue to be managed under the applicable organizational and operational documents, including the Articles of Organization and Articles of Amendment thereto. Specifically, Messrs. Peterson, Spell, Bon, and Ferron shall continue to co-manage the Company until such time as properly executed Articles of Amendment to the Articles of Organization specify otherwise. Mr. Peterson may not enjoin Messrs. Spell, Bon, and Ferron from conduct consistent with management of the Company, and Messrs. Spell, Bon, and Ferron may not enjoin Mr. Peterson from conduct consistent with management of the Company. IT IS FURTHER ORDERED that, by November 17, 2023, the parties shall jointly file a Notice to state their positions as to whether any claim in Plaintiff's Complaint #1 ) remains for the Court to resolve, or whether the Court can close this matter. Signed by Judge John J Tuchi on 11/03/2023. (REK)
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Filing 21
MINUTE ENTRY for proceedings held before Judge John J Tuchi: Preliminary Injunction Hearing held on 10/6/2023. Argument held re: Plaintiffs' Motion for Temporary Restraining Order and for Preliminary Injunction (Doc. #2 ) and Defendant's Cross-Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #9 ). IT IS ORDERED taking this matter under advisement. Formal order to issue. (See attachment). (Court Reporter Elaine Cropper.) Hearing held 9:37 AM to 11:39 AM.(JAMA)
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Filing 20
ORDER: IT IS ORDERED granting both Stipulations (Docs. #16 , #19 ). Witnesses Lisa Liggin and Albert Spell may testify remotely via Zoom. The Court will e-mail all counsel with connection information prior to the hearing. Counsel will be responsible for providing this information to the witnesses. (See attached Order). Signed by Judge John J Tuchi on 10/4/2023. (JAMA)
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Filing 19
MOTION for Witness to Appear Remotely at October 6, 20223 Hearing by Fyve LLC. (Attachments: #1 Proposed Order proposed Order)(Roth, Clifford)
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Filing 18
RESPONSE to Motion re: #16 MOTION Remote Appearance by Witness at October 6, 2023 Hearing for Witness Lisa Liggin to Appear Remotely filed by Fyve LLC. (Roth, Clifford)
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Filing 17
STATEMENT of Joint Pre-Hearing Statement by Plaintiff Dan D Peterson Living Trust Dated April 2, 2009. (Woods, Sean)
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Filing 16
MOTION Remote Appearance by Witness at October 6, 2023 Hearing by Dan D Peterson Living Trust Dated April 2, 2009. (Attachments: #1 Proposed Order Proposed Order Allowing Lisa Liggin to Appear Remotely at October 6, 2023 Hearing)(Woods, Sean)
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Filing 15
REPLY to Response to Motion re: #9 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Fyve LLC. (Roth, Clifford)
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Filing 14
REPLY to Response to Motion re: #2 MOTION for Temporary Restraining Order and for Preliminary Injunction filed by Dan D Peterson Living Trust Dated April 2, 2009. (Woods, Sean)
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Filing 13
INITIAL REPLY to Response to Motion re: #2 MOTION for Temporary Restraining Order and for Preliminary Injunction filed by Dan D Peterson Living Trust Dated April 2, 2009. (Woods, Sean)
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Filing 12
RESPONSE in Opposition re: #9 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Dan D Peterson Living Trust Dated April 2, 2009. (Woods, Sean)
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Filing 11
RESPONSE to Motion re: #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Fyve LLC. (Roth, Clifford)
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Filing 10
ORDER: IT IS ORDERED that Plaintiff shall file a Response to Defendant's Cross-Motion for Temporary Restraining Order and for Preliminary Injunction (Doc. #9 ) and a Reply to Plaintiff's Motion for Temporary Restraining Order and for Preliminary Injunction (Doc. #2 ) by September 22, 2023. Defendant shall file a Reply to its Cross-Motion for Temporary Restraining Order and for Preliminary Injunction (Doc. #9 ) by September 29, 2023. IT IS FURTHER ORDERED that the hearing on the Cross-Motions for Temporary Restraining Order and for Preliminary Injunction (Docs. #2 , #9 ) remains set for October 6, 2023, at 9:30 a.m. (Arizona time) before District Judge John J. Tuchi in Courtroom 505, Sandra Day O'Connor Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. (See attached Order). Signed by Judge John J Tuchi on 9/14/2023. (JAMA)
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Filing 9
MOTION for Temporary Restraining Order and Preliminary Injunction by Fyve LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Proposed Order Temporary Restraining Order in Favor of Defendant)(Roth, Clifford)
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Filing 8
SERVICE EXECUTED filed by Dan D Peterson Living Trust Dated April 2, 2009: Rule 4 Waiver of Service of Summons. Waiver sent on September 8, 2023 to Fyve, Inc. . (Woods, Sean)
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Filing 7
RESPONSE to Motion re: #2 MOTION for Temporary Restraining Order filed by Fyve LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Proposed Order Order)(Roth, Clifford)
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Filing 6
ORDER: Plaintiff shall serve a copy of the Summons and Complaint (Doc. #1 ), the Motion (Doc. #2 ), and this Order on Defendant as soon as possible, and in any case by the end of the day on 9/11/2023. Plaintiff shall file a certificate of service on the docket within two days of service. IT IS FURTHER ORDERED that Defendant shall file a Response to Plaintiff's Motion for Temporary Restraining Order and for Preliminary Injunction (Doc. #2 ) by 9/22/2023. Plaintiff shall file any Reply by 9/29/2023. IT IS FURTHER ORDERED setting a hearing on Plaintiff's Motion for Temporary Restraining Order and for Preliminary Injunction (Doc. #2 ) on 10/6/2023, at 9:30 a.m. (Arizona time) before District Judge John J. Tuchi in Courtroom 505. The parties shall jointly prepare and file a prehearing statement by 10/2/2023. Signed by Judge John J Tuchi on 9/7/2023. (KJ)
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Filing 5
Summons Issued as to Fyve LLC. (SCA). *** 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 4
Filing fee paid, receipt number AAZDC-22275728. This case has been assigned to the Honorable John J. Tuchi. All future pleadings or documents should bear the correct case number: CV-23-01874-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA)
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Filing 3
SUMMONS Submitted by Dan D Peterson Living Trust Dated April 2, 2009. (Woods, Sean) (SCA)
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Filing 2
MOTION for Temporary Restraining Order by Dan D Peterson Living Trust Dated April 2, 2009. (Woods, Sean) (Attachments: #1 Proposed Order)(SCA)
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Filing 1
COMPLAINT (TRO Requested). Filing fee received: $ 402.00, receipt number AAZDC-22275728 filed by Dan D Peterson Living Trust Dated April 2, 2009. (Woods, Sean) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Attachment)(SCA)
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| Plaintiff: Dan D Peterson Living Trust Dated April 2, 2009 | |
| Represented By: | Robert T Mills |
| Represented By: | Sean Anthony Woods |
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| Defendant: Fyve LLC | |
| Represented By: | Randy Nussbaum |
| Represented By: | Clifford Roth |
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