Nutritional Brands Incorporated et al v. DeMaria
| Nutritional Brands Incorporated and Nutritional Beverages LLC |
| Elizabeth A DeMaria |
| 2:2023cv02405 |
| November 16, 2023 |
| US District Court for the District of Arizona |
| James F Metcalf |
| G Murray Snow |
| Other Fraud |
| 28 U.S.C. ยง 1441 Petition for Removal- Fraud |
| Both |
Docket Report
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Filing 14
ORDER granting the parties' Stipulation #13 . IT IS FURTHER ORDERED that this matter is referred to United States Magistrate Judge Bruce G. Macdonald for a settlement conference. Counsel are directed to jointly contact Judge Macdonald's Chambers no later than January 11, 2024, to schedule a date and time for the settlement conference and for instructions regarding preparation for such conference. IT IS FURTHER ORDERED affirming Defendant's responsive pleading deadline of February 2, 2024, as set forth in the Court's January 3, 2024 Order #11 . See Order for complete details. Signed by Chief Judge G Murray Snow on 1/4/2024. (CSL)
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| Filing 13 STIPULATION re: #11 Order,,, Set/Reset Deadlines/Hearings,, for Referral to Settlement Judge by Nutritional Beverages LLC, Nutritional Brands Incorporated. (Foster, Troy) |
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Filing 12
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 Chief Judge G Murray Snow on 1/3/2024. (CSL)
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Filing 11
ORDER granting in part and denying in part the parties' Joint Motion to Stay Proceedings #5 in that the Court will grant an extension within which Defendant's responsive pleading to Plaintiffs' Complaint is due but will not enter a stay. IT IS FURTHER ORDERED that Defendant's responsive pleading shall be filed on or before February 2, 2024. IT IS FURTHER ORDERED if the parties are desirous of this case being referred to a U.S. Magistrate Judge for purposes of conducting a settlement conference, the parties must file a stipulation requesting same. See Order for further details. Signed by Chief Judge G Murray Snow on 1/3/2024. (CSL)
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| Filing 10 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge G Murray Snow. All further pleadings/papers should now list the following COMPLETE case number: CV-23-2405-PHX-GMS. FURTHER ORDERED that the Order to Show Cause Hearing scheduled for January 16, 2024 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 9 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 7
ORDER that Nutritional Beverages LLC, Nutritional Brands Incorporated show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 1/16/2024 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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Filing 6
ORDER that Elizabeth A DeMaria show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 1/16/2024 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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| Remark: Pro hac vice motion(s) granted for Brendan Sweeney on behalf of Defendant Elizabeth A DeMaria. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Out of state attorney Brendan Sweeney 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) |
| Filing 5 Joint MOTION to Stay Proceedings by Nutritional Beverages LLC, Nutritional Brands Incorporated. (Foster, Troy) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Elizabeth A DeMaria. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Document not in compliance with LRCiv LRCiv 7.1(a)(1) Title Page does not include filing attorney information in upper left corner. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC) |
| Filing 3 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Nutritional Beverages LLC, Nutritional Brands Incorporated. (ARC) |
| Filing 2 Filing fee paid, receipt number AAZDC-22492928. This case has been assigned to the Honorable James F Metcalf. All future pleadings or documents should bear the correct case number: CV-23-2405-PHX-JFM. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (ARC) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-016311. Filing fee received: $ 402.00, receipt number AAZDC-22492928 filed by Elizabeth A DeMaria. (Danies, Emily) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(ARC) |
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