Federal Savings Bank v. Independence Home Loans LLC et al
| Federal Savings Bank |
| Independence Home Loans LLC, Eric Katz, Barry Baume and Jonathan Moss |
| 2:2023cv02453 |
| November 27, 2023 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 MOTION to Expedite discovery by Federal Savings Bank. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K)(Hefter, Daniel) |
| Filing 40 RESPONSE in Opposition re: #39 MOTION to Stay filed by Federal Savings Bank. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M)(Hefter, Daniel) |
| Filing 39 MOTION to Stay by Barry Baume, Independence Home Loans LLC, Eric Katz, Jonathan Moss. (Attachments: #1 Proposed Order ORDER TO STAY PROCEEDINGS)(Pantiliat, Eddie) |
| Filing 38 NOTICE of Service of Discovery filed by Federal Savings Bank. (Conelly, Chad) |
| Filing 36 ANSWER to #1 Complaint by Barry Baume, Independence Home Loans LLC, Eric Katz, Jonathan Moss.(Pantiliat, Eddie) |
| Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 12/05/2023 before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 1/16/2024. Redacted Transcript Deadline set for 1/26/2024. Release of Transcript Restriction set for 3/25/2024. (RAP) |
| Filing 35 SURETY BOND in the amount of $1,000 posted by Federal Savings Bank. Bond Number: 59BSBJD4700. Titled Preliminary Injunction Bond. (EJA) |
Filing 34
ORDER: IT IS HEREBY ORDERED granting Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #2 ) as to Defendants Barry Baume and Jonathan Moss. FURTHER ORDERED that Defendants Barry Baume and Jonathan Moss are hereby enjoined from soliciting, enticing, causing, encouraging, inducing, or aiding or assisting any other party or person in soliciting, inducing, or attempting to induce any employee of Plaintiff to leave or seek to leave his or her position with Plaintiff, for the duration of the pending arbitration between the parties, or for the period of twelve months after the date of the termination of their employment with Plaintiff, whichever is shorter. FURTHER ORDERED denying Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #2 ) as to Defendants Independence Home Loans LLC and Eric Katz. FURTHER ORDERED that, attendant to this injunctive relief, Plaintiff must post a surety bond in the amount of $1,000 under Federal Rule of Civil Procedure 65(c) by December 15, 2023. Signed by Judge John J Tuchi on 12/12/23. (EJA)
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| Filing 33 TRANSCRIPT REQUEST by Federal Savings Bank for proceedings held on 12/5/23, Judge John J Tuchi hearing judge(s). (Hefter, Daniel) |
| Filing 32 PROPOSED FINDINGS OF FACT Revised Proposed Preliminary Injunction Order by Plaintiff Federal Savings Bank. (Hefter, Daniel) |
| Filing 31 OBJECTION re: #30 Proposed Findings of Fact by Defendants Barry Baume, Jonathan Moss. (Pantiliat, Eddie) |
| Filing 30 PROPOSED FINDINGS OF FACT Proposed order by Plaintiff Federal Savings Bank. (Hefter, Daniel) |
| Filing 29 Defendant Witness List by Barry Baume, Independence Home Loans LLC, Eric Katz, Jonathan Moss. (JAMA) |
| Filing 28 MINUTE ENTRY for proceedings held before Judge John J Tuchi on 12/5/2023: For reasons as stated on the record, IT IS ORDERED granting in part and denying in part without prejudice Plaintiffs' Motion for Temporary Restraining Order (Doc. #2 ). IT IS FURTHER ORDERED that a proposed order is due by no later than 9:00 am on Wednesday, 12/6/2023. Formal order to issue. (See attachment). (Court Reporter Elaine Cropper.) Hearing held 8:59 AM to 12:02 PM.(JAMA) |
| Filing 27 AFFIDAVIT of John Calk re: #2 MOTION for Temporary Restraining Order by Plaintiff Federal Savings Bank. (Hefter, Daniel) |
| Filing 26 AFFIDAVIT of Tonya Flatt re: #2 MOTION for Temporary Restraining Order by Plaintiff Federal Savings Bank. (Hefter, Daniel) |
| Filing 25 NOTICE of Appearance by Daniel S Hefter on behalf of Federal Savings Bank. (Hefter, Daniel) |
| Filing 24 RESPONSE in Opposition re: #2 MOTION for Temporary Restraining Order filed by Barry Baume, Independence Home Loans LLC, Eric Katz, Jonathan Moss. (Attachments: #1 Exhibit Declaration of Eric Katz, #2 Exhibit Declarations re Denials, #3 Exhibit Declaration of Barry Baume, #4 Exhibit Declaration of Jonathan Moss)(Pantiliat, Eddie) |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE: Eddie A. Pantiliat appearing for Barry Baume, Independence Home Loans LLC, Eric Katz, Jonathan Moss. . (Pantiliat, Eddie) |
| Filing 22 SERVICE EXECUTED filed by Federal Savings Bank: Acceptance of Service re: Summons, Complaint and other docs upon Eric Katz c/o Hymson Goldstein Pantiliat Lohr on 11-30-2023. (Conelly, Chad) |
| Filing 21 SERVICE EXECUTED filed by Federal Savings Bank: Declaration of Service re: Summons, Complaint and other docs upon Eric Katz on 11-30-2023. (Attachments: #1 Forms EXHIBIT)(Conelly, Chad) |
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Filing 20
ORDER granting Plaintiff's Request for Expedited Ruling on Motion for Alternative Service Upon Eric Katz #13 . IT IS FURTHER ORDERED granting Plaintiff's Motion for Alternative Service Upon Defendant Eric Katz #12 . IT IS FURTHER ORDERED extending the time for Plaintiff to serve Defendant Eric Katz to December 1, 2023, at 10:00 a.m. (Arizona time). See document or further details. Signed by Judge John J Tuchi on 11/30/2023. (REK)
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| Filing 19 Service Returned Unexecuted by Federal Savings Bank : Summons, Complaint and other docs as to Eric Katz. (Conelly, Chad) |
| Filing 18 SERVICE EXECUTED filed by Federal Savings Bank: Proof of Service re: Summons, Complaint and other docs upon Independence Home Loans, LLC on 11-28-2023. (Conelly, Chad) |
| Filing 17 SERVICE EXECUTED filed by Federal Savings Bank: Proof of Service re: Summons, Complaint and other docs upon Barry Baume on 11-28-2023. (Conelly, Chad) |
| Filing 16 SERVICE EXECUTED filed by Federal Savings Bank: Proof of Service re: Summons, Complaint and other docs upon Jonathan Moss on 11-28-2023. (Conelly, Chad) |
| Filing 15 SERVICE EXECUTED filed by Federal Savings Bank: Proof of Service re: Summons, Complaint and other docs upon Barry Baume on 11-28-2022. (Conelly, Chad) |
| Filing 14 NOTICE of Errata by Plaintiff Federal Savings Bank.. (Conelly, Chad) |
| Filing 13 EX PARTE MOTION to Expedite RULING ON MOTION FOR ALTERNATIVE SERVICE UPON DEFENDANT ERIC KATZ by Federal Savings Bank. (Conelly, Chad) |
| Filing 12 EX PARTE MOTION For Alternative Service and Extend Time for Service re: #8 Order,, Set Motion Hearing,, Set Deadlines, by Federal Savings Bank. (Attachments: #1 Exhibit EXHIBITS, #2 Proposed Order ORDER)(Conelly, Chad) |
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Filing 11
ORDER: IT IS HEREBY ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order).. Signed by Judge John J Tuchi on 11/29/2023. (JAMA)
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| Filing 10 Summons Issued as to Eric Katz. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 9 SUMMONS Submitted by Federal Savings Bank. (Conelly, Chad) |
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Filing 8
ORDER - IT IS FURTHER ORDERED setting a hearing on Plaintiff's Motion for TRO (Doc. #2 ) on December 5, 2023, at 9:00 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 document for complete details). Signed by Judge John J Tuchi on 11/28/2023. (SLQ)
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| Filing 7 Summons Issued as to Barry Baume, Independence Home Loans LLC, Jonathan Moss. (Attachments: #1 Summons, #2 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 6 Filing fee paid, receipt number AAZDC-22513125. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-23-2453-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) |
| Filing 5 SUMMONS Submitted by Federal Savings Bank. (Conelly, Chad) (Attachments: #1 Summons, #2 Summons)(ARC) |
| Filing 4 PLAINTIFF'S DEMAND for Jury Trial by Federal Savings Bank. (Conelly, Chad) (ARC) |
| Filing 3 Corporate Disclosure Statement by Federal Savings Bank. (Conelly, Chad) (ARC) |
| Filing 2 MOTION for Temporary Restraining Order by Federal Savings Bank. (Conelly, Chad) (Attachments: #1 Exhibit)(ARC) |
| Filing 1 COMPLAINT (TRO Requested). Filing fee received: $ 402.00, receipt number AAZDC-22513125 filed by Federal Savings Bank. (Conelly, Chad) (Attachments: #1 Civil Cover Sheet, #2 Attachment)(ARC) |
| Remark: Pro hac vice motion(s) granted for Daniel S Hefter on behalf of Plaintiff Federal Savings Bank. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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