BakeMark USA LLC v. Pastis et al
Plaintiff: BakeMark USA LLC
Defendant: Carolyn Pastis, Romy Pastis and Unknown Parties
Case Number: 2:2023cv02674
Filed: December 21, 2023
Court: US District Court for the District of Arizona
Presiding Judge: Susan M Brnovich
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2024 Opinion or Order Filing 34 ORDER striking Defendant's Motion to Dismiss (Doc. #25 ). Defendant must file an Answer to the Complaint by no later than March 1, 2024. Signed by Judge Susan M. Brnovich on 2/16/2024. (LMR)
February 15, 2024 Opinion or Order Filing 33 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Preliminary Injunction Hearing held on 2/15/2024. The matter is taken under advisement. IT IS ORDERED setting a Show Cause Hearing for 2/23/2024 at 10:00 AM (1 hour allowed) in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. IT IS FURTHER ORDERED that the Temporary Restraining Order remain in effect until the Court's ruling on the preliminary injunction. See attached PDF for complete details. (Court Reporter Christine Coaly) Hearing held 1:03 PM to 4:03 PM. (ESG)
February 14, 2024 Opinion or Order Filing 32 MEMORANDUM of Points and Authorities in Support of Plaintiff's Motion for Preliminary Injunction #20 Temporary Restraining Order,,, by Plaintiff BakeMark USA LLC. (Cool, James)
February 14, 2024 Opinion or Order Filing 31 EX PARTE MOTION for Order to Show Cause Why Defendant Should Not Be Held in Civil Contempt by BakeMark USA LLC. (Attachments: #1 Affidavit, #2 Affidavit)(Cool, James)
February 5, 2024 Opinion or Order Filing 30 IT IS ORDERED that the Preliminary Injunction Hearing presently set for 2/13/2024 is vacated and RESET for 2/15/2024 at 01:00 PM (3 hours allowed) in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. IT IS FURTHER ORDERED that the Temporary Restraining Order will remain in place until the hearing. Ordered by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
January 29, 2024 Opinion or Order Filing 29 Service Returned Unexecuted by BakeMark USA LLC : TRO as to Carolyn "Romy" Pastis. (Cool, James)
January 25, 2024 Opinion or Order Filing 28 RESPONSE to Motion re: #25 MOTION to Dismiss for Failure to State a Claim Plaintiff's Response to Motion to Dismiss filed by BakeMark USA LLC. (Cool, James)
January 25, 2024 Opinion or Order Filing 27 NOTICE of Service of Discovery filed by BakeMark USA LLC. (Cool, James)
January 17, 2024 Opinion or Order Filing 26 ORDER granting #24 Motion to Allow Electronic Filing. The party is required to complete the Electronic Case File Registration form to register as a user with the Clerk's Office and to register as a subscriber to PACER (Public Access to Electronic Records) within five (5) days of the date of this Order. See document for complete details. Signed by Judge Susan M Brnovich on 1/16/2024. (KJ)
January 16, 2024 Opinion or Order Filing 25 *STRICKEN PURSUANT TO #34 * MOTION to Dismiss for Failure to State a Claim by Carolyn Pastis. (DXD) Modified on 2/16/2024 (LMR).
January 16, 2024 Opinion or Order Filing 24 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Carolyn Pastis. (Attachments: #1 Proposed Order)(DXD)
January 16, 2024 Opinion or Order Filing 23 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Carolyn Pastis. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS)
January 16, 2024 Opinion or Order Filing 22 Additional Attachments to Main Document re: #16 Service Executed, Amended Certificate of Service by Plaintiff BakeMark USA LLC. (Cool, James)
January 16, 2024 Opinion or Order Filing 21 Corporate Disclosure Statement by BakeMark USA LLC. (Cool, James)
January 12, 2024 Opinion or Order Filing 20 TEMPORARY RESTRAINING ORDER that within seven (7) days' notice by BakeMark, Defendant shall present herself for deposition at a location to be designated by counsel for BakeMark. IT IS FURTHER ORDERED that, effective immediately, Defendant shall preserve all originals and copies of hard copy and electronic evidence, including but not limited to all disks, personal data assistants, hard drives, virtual hard drives, online storage and other electronic storage devices in his possession, custody, or control to which they had or have access and on which relevant information may currently or have previously existed. IT IS FURTHER ORDERED setting this matter for a preliminary injunction hearing on 2/13/2024 at 1:00 p.m. (3 hours allowed). See attached Order for complete details. Signed by Judge Susan M. Brnovich on 1/12/2024. (ESG)
January 12, 2024 Opinion or Order Filing 19 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Show Cause Hearing held on 1/12/2024. Defendant having failed to appear and for reasons set forth on the record, the Court will grant the Motion for Temporary Restraining Order (Doc. #7 ). Separate written Order to issue. IT IS FURTHER ORDERED granting Plaintiff's request for expedited discovery and setting a Preliminary Injunction Hearing for 2/13/24 at 1:00 PM (3 hours allowed) in courtroom 506 before this Court. The Temporary Restraining Order will remain in effect until the preliminary injunction hearing. APPEARANCES: Attorneys James Cool and Jayesh Patel for Plaintiff. Pro Se Defendant not present. (Court Reporter Elaine Cropper) Hearing held 1:41 PM to 1:46 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
January 10, 2024 Opinion or Order Filing 18 REPLY to Response to Motion re: #7 MOTION for Temporary Restraining Order filed by BakeMark USA LLC. (Attachments: #1 Affidavit Declaration of Jayesh Patel)(Cool, James)
January 3, 2024 Opinion or Order Remark: Pro hac vice motion(s) granted for Jayesh Patel on behalf of Plaintiff BakeMark USA LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 28, 2023 Opinion or Order Filing 17 *NOTICE of Service re: #15 Order to Show Cause dated December 27, 2023 served upon Carolyn "Romy" Pastis on December 28, 2023 filed by BakeMark USA LLC. (Cool, James) *Modified to correct event type and text on 12/29/2023 (EJA).
December 28, 2023 Opinion or Order Filing 16 SERVICE EXECUTED filed by BakeMark USA LLC: Certificate of Service re: Summons, Complaint, Ex Parte Application for TRO, Memorandum, Declaration of Jayesh Patel, Corporate Disclosure Statement, Order to Show Cause, Order (Doc 12) upon Carolyn "Romy" Pastis on December 28, 2023. (Cool, James)
December 28, 2023 Opinion or Order Filing 15 ORDER TO SHOW CAUSE WHY TEMPORARY RESTRAINING ORDER SHOULD NOT ISSUE: Show Cause Hearing set for 1/12/2024 at 01:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Any opposition to this Order to Show Cause is to be served on Plaintiff and filed with this Court no later than 5:00 p.m. January 5, 2024. Any reply is to be served on Defendants and filed with this Court no later than 5:00 p.m. on January 10, 2024. FURTHER ORDERED Plaintiff serve a copy of this order on Defendant by no later than December 31, 2023. See document for complete details. Signed by Judge Susan M Brnovich on 12/27/23. (EJA)
December 28, 2023 Opinion or Order Filing 14 Summons Issued as to Carolyn Pastis. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
December 27, 2023 Opinion or Order Filing 13 ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on March 20, 2024. Signed by Judge Susan M. Brnovich on 12/27/2023. (ESG)
December 27, 2023 Opinion or Order Filing 12 ORDER this matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 12/27/2023. (ESG)
December 27, 2023 Opinion or Order Filing 11 SUMMONS Submitted by BakeMark USA LLC. (Cool, James)
December 26, 2023 Opinion or Order Filing 10 NOTICE TO FILER OF DEFICIENCY re: #9 Additional Attachments to Main Document filed by BakeMark USA LLC. Incorrect event selected: Additional Attachments to Main Document found in the Other Filings, Other Documents category. Correct event: Summons Submitted found in the Amended Pleadings and Service, Service of Process category. FOLLOW-UP ACTION REQUIRED: Please refile document with correct event. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KJ)
December 22, 2023 Opinion or Order Filing 9 Additional Attachments to Main Document re: #1 Complaint by Plaintiff BakeMark USA LLC. (Cool, James)
December 22, 2023 Opinion or Order Filing 8 MEMORANDUM of Points and Authorities in Support of #2 Declaration by Plaintiff BakeMark USA LLC. (Cool, James)
December 22, 2023 Opinion or Order Filing 7 EX PARTE MOTION for Temporary Restraining Order by BakeMark USA LLC. (Attachments: #1 Proposed Order)(Cool, James)
December 22, 2023 Opinion or Order Filing 6 *Additional Attachments to Main Document re: #1 Complaint by Plaintiff BakeMark USA LLC. (Cool, James) *Modified link on 12/26/2023 (KJ).
December 21, 2023 Opinion or Order Filing 5 NOTICE TO FILER OF DEFICIENCY re: #2 Declaration filed by BakeMark USA LLC, #1 Complaint filed by BakeMark USA LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please file the automated Civil Cover Sheet using the following: Civil, Other Filings, Other Documents, Additional Attachment to Main Document and link to the Complaint. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK)
December 21, 2023 Opinion or Order Filing 4 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 BakeMark USA LLC. (REK)
December 21, 2023 Opinion or Order Filing 3 Filing fee paid, receipt number AAZDC-22597876. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-23-02674-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK)
December 21, 2023 Opinion or Order Filing 2 DECLARATION of Jayesh Patel in Support of Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to Show Cause why a Preliminary Injunction should not Issue by Plaintiff BakeMark USA LLC. (submitted by James Cool) (REK)
December 21, 2023 Opinion or Order Filing 1 COMPLAINT. Filing fee received: $405.00, receipt number AAZDC-22597876 filed by BakeMark USA LLC. (submitted by James Cool) (REK)

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Defendant: Carolyn Pastis
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Defendant: Romy Pastis
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Defendant: Unknown Parties
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Plaintiff: BakeMark USA LLC
Represented By: James Michael Cool
Represented By: Jayesh Patel
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