Pena v. Phoenix, City of et al
| Sean Pena |
| Phoenix, City of, Maricopa, County of, Michael Sullivan, Jeri L Williams, Jeffrey Roseberry, Unknown Roseberry, Catherine Fu, Unknown Fu, Sandra Anderson, Unknown Anderson, Samantha Caplinger, Unknown Caplinger, Michael Baker, Unknown Baker, Michael Walker, Unknown Walker, Cynthia Ramirez, Krystoffer Lee, Lisa Gutierrez, Jarrett Maupin, Unknown Maupin, Iesha Stanciel and Unknown Stanciel |
| 2:2023cv02156 |
| October 16, 2023 |
| US District Court for the District of Arizona |
| John Z Boyle (PS) |
| Steven P Logan |
| John J Tuchi |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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Filing 47
ORDER that Plaintiff must show cause in writing why this action should not be dismissed as to Defendants Cynthia Ramirez and Krystofer Lee for failure to prosecute no later than December 22, 2023, unless a responsive pleading pursuant to Rule 12 of the Federal Rules of Civil Procedure or an application for entry of default pursuant to Rule 55(a) is filed within such time. See document for complete details. Signed by Judge Steven P Logan on 12/13/2023. (WLP)
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| Filing 46 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (CSL) |
| Filing 45 ANSWER to #1 Notice of Removal by Lisa Gutierrez.(CSL) |
| Filing 44 RESPONSE to Motion re: #33 MOTION to Dismiss Case filed by Sean Pena. (WLP) |
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Filing 43
ORDER granting #39 Motion for Leave to File Excess Pages. The Clerk of Court shall file the lodged proposed Response in Opposition to the Motion to Dismiss (lodged at Doc. #40 ). Signed by Judge Steven P Logan on 12/8/2023. (WLP)
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Filing 42
ORDER granting #4 Motion for Extension and the City of Phoenix's Motion to Dismiss (Doc. #24 , #33 ) is deemed timely filed. IT IS FURTHER ORDERED that in light of the Notice of Party Dismissal (Doc. #37 ), the Motion to Dismiss (Doc. #22 ) is denied as moot. Signed by Judge Steven P Logan on 12/7/23. (MJW)
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| Filing 41 Joinder re: #33 MOTION to Dismiss Case by Defendants Phoenix, City of, Michael Walker, Jeri L Williams. filed by Phoenix, City of, Michael Walker, Jeri L Williams. (Retts, Christina) |
| Filing 40 Filed at #44 pursuant to #43 -- LODGED Proposed Plaintiff's Response in Opposition to Defendants City of Phoenix and Sullivan's Motion to Dismiss re: #39 MOTION for Leave to File Excess Pages for Response to Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Sean Pena. (Woods, Sean) Modified on 12/8/2023 (WLP). |
| Filing 39 MOTION for Leave to File Excess Pages for Response to Motion to Dismiss by Sean Pena. (Attachments: #1 Proposed Order Proposed Order Allowing Response to Motion to Dismiss to Exceed Page Limits)(Woods, Sean) |
| Filing 38 RESPONSE to Motion re: #33 MOTION to Dismiss Case filed by Sean Pena. (Woods, Sean) |
| Filing 37 NOTICE of Party Dismissal by Sean Pena. Parties Maricopa, County of, Michael Sullivan, Catherine Fu, John Doe Fu, Jeffrey Roseberry, Jane Doe Roseberry, Sandra Anderson, John Doe Anderson, Michael Baker, Jane Doe Baker, Samantha Caplinger, and John Doe Caplinger terminated. (Woods, Sean) Modified to list parties on 12/8/2023 (WLP). |
| Filing 36 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, Notice of Removal, Preliminary Order, First Amended Complaint, Complaint, Certificate of Compulsory Arbitration upon Iesha Stanciel on December 5, 2023. (Woods, Sean) |
| Filing 35 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, Notice of Removal, Preliminary Order, First Amended Complaint, Complaint, and Certificate of Compulsory Arbitration upon Jarrett Maupin on December 3, 2023. (Woods, Sean) |
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Filing 34
ORDER that the Motions for Extension (Docs. #30 , #31 ) are granted. Plaintiff shall have until December 6, 2023, to file Responses to the Motions to Dismiss (Doc. #22 ; lodged at Doc. #25 ). Signed by Judge Steven P Logan on 11/16/2023. (WLP)
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| Filing 33 MOTION to Dismiss Case and Certificate of Conferral by Phoenix, City of, Michael Sullivan. (Attachments: #1 Exhibits 1-3)(WLP) |
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Filing 32
ORDER granting #24 Motion for Leave to File Excess Pages. The Clerk of Court shall file the lodged proposed Motion to Dismiss (lodged at Doc. #25 ). Signed by Judge Steven P Logan on 11/16/2023. (WLP)
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| Filing 31 MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss for Failure to State a Claim by Sean Pena. (Attachments: #1 Proposed Order Proposed Order Extending Time to Respond to County Motion to Dismiss)(Woods, Sean) |
| Filing 30 MOTION for Extension of Time to File Response/Reply as to #25 Lodged Proposed Document, by Sean Pena. (Attachments: #1 Proposed Order Proposed Order Extending Time to Respond to City Defendants' Motion to Dismiss)(Woods, Sean) |
| Filing 29 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, Notice of Removal, Preliminary Order, First Amended Complaint, Complaint, Certificate of Compulsory Arbitration upon Lisa Gutierrez on November 10, 2023. (Woods, Sean) |
| Filing 28 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, First Amended Complaint, Complaint, Notice of Removal, Preliminary Order, Certificate of Compulsory Arbitration upon Krystofer Lee on November 6, 2023. (Woods, Sean) |
| Filing 27 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, First Amended Complaint, Complaint, Notice of Removal, Preliminary Order, and Certificate of Compulsory Arbitration upon Cynthia Ramirez on November 5, 2023. (Woods, Sean) |
| Filing 26 Joinder [Defendants Maricopa County, Jefferey Roseberry, Catherine Fu, Sandra Anderson, Samantha Caplinger, and Michael Baker's Joinder to Defendant City of Phoenix's Motion to Dismiss] by Defendants Sandra Anderson, Michael Baker, Samantha Caplinger, Catherine Fu, Maricopa, County of, Jeffrey Roseberry. (Mak, Maxine) |
| Filing 25 Filed at #33 pursuant to #32 -- LODGED Proposed Motion to Dismiss and Certificate of Conferral re: #24 MOTION for Leave to File Excess Pages for Motion to Dismiss and Certificate of Conferral . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Phoenix, City of, Michael Sullivan. (Attachments: #1 Exhibit 1-3)(Retts, Christina) Modified on 11/17/2023 (WLP). |
| Filing 24 MOTION for Leave to File Excess Pages for Motion to Dismiss and Certificate of Conferral by Phoenix, City of, Michael Sullivan. (Attachments: #1 Proposed Order)(Retts, Christina) |
| Filing 23 Additional Attachments to Main Document re: #22 First MOTION to Dismiss for Failure to State a Claim [Certificate Regarding Good Faith Notification on Motion to Dismiss] by Defendants Sandra Anderson, Michael Baker, Samantha Caplinger, Catherine Fu, Maricopa, County of, Jeffrey Roseberry. (Mak, Maxine) *Modified text on 11/9/2023 (DXD). |
| Filing 22 *First MOTION to Dismiss for Failure to State a Claim by Sandra Anderson, Michael Baker, Samantha Caplinger, Catherine Fu, Maricopa, County of, Jeffrey Roseberry. (Mak, Maxine) *Modified to correct event on 11/9/2023 (DXD). |
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Filing 21
ORDER granting #20 Motion to Amend/Correct. IT IS FURTHER ORDERED that Plaintiff must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than January 14, 2024. IT IS FURTHER ORDERED that unless the Court orders otherwise, on January 14, 2024, 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. Signed by Judge Steven P Logan on 10/30/23. (MJW)
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| Filing 20 MOTION to Amend/Correct #8 Order re Rule 12(b) Motions, by Sean Pena. (Attachments: #1 Proposed Order Proposed Order Amending Preliminary Order, #2 Attachment Notice for Expedited Consideration)(Woods, Sean) |
| Filing 19 SERVICE EXECUTED filed by Sean Pena: Rule 4 Waiver of Service of Summons. Waiver sent on October 27, 2023 to Michael Walker . (Woods, Sean) |
| Filing 18 SERVICE EXECUTED filed by Sean Pena: Rule 4 Waiver of Service of Summons. Waiver sent on October 27, 2023 to Jeri Williams . (Woods, Sean) |
| Filing 17 SERVICE EXECUTED filed by Sean Pena: Rule 4 Waiver of Service of Summons. Waiver sent on October 27, 2023 to Samantha Caplinger . (Woods, Sean) |
| Filing 16 NOTICE re: Notice of Service of Preliminary Order by Sean Pena re: #8 Order re Rule 12(b) Motions, . (Woods, Sean) |
| Filing 15 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, Certificate of Compulsory Arbitration, First Amended Complaint, Complaint upon Sandra Anderson on September 28, 2023. (Woods, Sean) |
| Filing 14 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, Certificate of Compulsory Arbitration, First Amended Complaint, Complaint upon Michael Sullivan on September 28, 2023. (Woods, Sean) |
| Filing 13 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, Certificate of Compulsory Arbitration, First Amended Complaint, Complaint upon Michael Baker on September 28, 2023. (Woods, Sean) |
| Filing 12 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, Certificate of Compulsory Arbitration, First Amended Complaint, Complaint upon County of Maricopa on September 28, 2023. (Woods, Sean) |
| Filing 11 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, Certificate of Compulsory Arbitration, First Amended Complaint, Complaint upon Jeffrey Roseberry on September 28, 2023. (Woods, Sean) |
| Filing 10 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, Certificate of Compulsory Arbitration, First Amended Complaint, Complaint upon City of Phoenix on September 28, 2023. (Woods, Sean) |
| Filing 9 SERVICE EXECUTED filed by Sean Pena: Certificate of Service re: Summons, First Amended Complaint, Complaint, Certificate of Compulsory Arbitration upon Catherine Fu on September 28, 2023. (Woods, Sean) |
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Filing 8
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 Judge Steven P Logan on 10/24/23. (MJW)
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| Filing 7 Summons Issued as to Samantha Caplinger, Lisa Gutierrez, Krystoffer Lee, Jarrett Maupin, Unknown Maupin, Cynthia Ramirez, Iesha Stanciel, Unknown Stanciel, Michael Walker, Unknown Walker, Jeri L Williams. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 6 SUMMONS Submitted by Sean Pena. (Attachments: #1 Summons Summons to Iesha Stanciel, #2 Summons Summons to Jane Doe Maupin, #3 Summons Summons to Jane Doe Walker, #4 Summons Summons to Jarrett Maupin, #5 Summons Summons to Jeri Williams, #6 Summons Summons to John Doe Stanciel, #7 Summons Summons to Krystoffer Lee, #8 Summons Summons to Lisa Gutierrez, #9 Summons Summons to Michael Walker, #10 Summons Summons to Samantha Caplinger)(Woods, Sean) |
| Filing 5 MINUTE ORDER: The Clerk's Office having made a clerical error when assigning this case, this matter is directly reassigned to the Honorable Steven P. Logan using the correct case assignment deck. All future filings shall reflect the following complete case number: CV-23-02156-PHX-SPL. NOTE: This correction eliminates the magistrate judge referral in this case. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NEC) |
| Filing 4 Joint MOTION for Extension of Time to File a Responsive Pleading (Unopposed) by Phoenix, City of, Michael Sullivan. (Attachments: #1 Proposed Order)(Retts, Christina) |
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Filing 3
ORDER that this matter be reassigned, by lot, to another judge in the District of Arizona. IT IS FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Steven P. Logan. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-23-02156-SPL-JZB. Signed by Judge John J Tuchi on 10/18/2023. (WLP)
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| Filing 2 NOTICE OF ASSIGNMENT (BAC) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-012031. Filing fee received: $402.00, receipt number AAZDC-22396365 filed by Phoenix, City of, Michael Walker, Michael Sullivan, Jeri L Williams. (Retts, Christina) (Attachments: #1 Exhibit 1-6, #2 Civil Cover Sheet, #3 Supplemental Civil Cover Sheet)(BAC) |
| ***STATE COURT RECORDS RECEIVED***SERVICE EXECUTED: Certificate of Service re: Summons, Complaint, Certificate of Arbitration upon Phoenix, City of; Michael Sullivan; Catherine Fu; Maricopa County Board of Supervisors; Jeffrey Roseberry; Michael Baker; Sandra Anderson on 9/28/23 (Original filed in Maricopa County Superior Court on 10/2/23). (BAC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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