Schild et al v. Mesa, City of et al
Plaintiff: Barbara Ann Schild and Walter Charles Schild
Defendant: Mesa, City of, Michael Smith, Gilberto Ulises Vargas and Unknown Parties
Case Number: 2:2023cv02715
Filed: December 27, 2023
Court: US District Court for the District of Arizona
Presiding Judge: John J Tuchi
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2024 Opinion or Order Filing 7 ORDER: IT IS ORDERED granting the Motion for Substitution of Counsel with Consent (Doc. #6 ). IT IS FURTHER ORDERED that Daniel J. O'Connor, Jr. and Danny O'Connor III of the law firm of O'Connor & Dyet, P.C. be substituted as counsel of record for Defendants in place and stead of Kim Alvarado and the Mesa City Attorneys' Office. Signed by Judge John J Tuchi on 2/22/2024. (JAMA)
February 20, 2024 Filing 6 MOTION to Substitute Attorney by Mesa, City of, Michael Smith, Gilberto Ulises Vargas. (Attachments: #1 Proposed Order)(O'Connor, Daniel)
February 2, 2024 Filing 5 NOTICE of Appearance by Daniel J O'Connor on behalf of Mesa, City of, Michael Smith, Gilberto Ulises Vargas. (O'Connor, Daniel)
January 2, 2024 Opinion or Order Filing 4 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. (See attached Order). Signed by Judge John J Tuchi on 1/2/2024. (JAMA)
December 28, 2023 Filing 3 Answer to Amended Complaint (Doc. 1-3) ANSWER to #1 Notice of Removal, with Jury Demand by Mesa, City of, Michael Smith, Gilberto Ulises Vargas.(Alvarado, Kim)
December 27, 2023 Filing 2 Filing fee paid, receipt number AAZDC-22606585. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-23-02715-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK)
December 27, 2023 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-095598. Filing fee received: $405.00, receipt number AAZDC-22606585 filed by Mesa, City of, Michael Smith, Gilberto Ulises Vargas. (submitted by Kim Alvarado) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Civil Cover Sheet, #8 Supplemental Cover Sheet)(REK)
December 27, 2023 ***State Court record received on 12/27/2023***ANSWER to Complaint re: #1 Notice of Removal by Mesa, City of, Michael Smith, Gilberto Ulises Vargas.***filed in State Court on 2/21/2023, docketed in U.S. District Court on 12/27/2023 for case management purposes.***(REK)
December 27, 2023 ***State Court record received on 12/27/2023***SERVICE EXECUTED filed by Barbara Ann Schild, Walter Charles Schild: Affidavit of Service re: Summons, Complaint, and Certificate of Compulsory Arbitration upon City of Mesa on 1/30/2023.***Affidavit of Service filed in State Court on 2/01/2023, docketed in U.S. District Court on 12/27/2023 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
December 27, 2023 ***State Court record received on 12/27/2023***SERVICE EXECUTED filed by Barbara Ann Schild, Walter Charles Schild: Affidavit of Service re: Summons, Complaint, and Certificate of Compulsory Arbitration upon Gilberto Ulises Vargas and Michael Smith on 1/31/2023.***Affidavits of Service filed in State Court on 2/01/2023, docketed in U.S. District Court on 12/27/2023 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
December 27, 2023 ***State Court record received on 12/27/2023***SERVICE EXECUTED filed by Barbara Ann Schild, Walter Charles Schild: Affidavit of Service re: Summons, Amended Complaint, and Certificate of Compulsory Arbitration upon City of Mesa on 12/20/2023.***Affidavit of Service docketed in U.S. District Court on 12/27/2023 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
December 27, 2023 ***State Court record received on 12/27/2023***SERVICE EXECUTED filed by Barbara Ann Schild, Walter Charles Schild: Acceptance of Service of Summons Pursuant to Rule 4. Waiver signed by counsel on 12/20/2023 as to Michael Smith and Gilberto Ulises Vargas.***Acceptance of Service of Summons (re: Amended Complaint) docketed in U.S. District Court on 12/27/2023 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Search for this case: Schild et al v. Mesa, City of et al
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Plaintiff: Barbara Ann Schild
Represented By: Luis Pedro Guerra
Represented By: Robert L Greer
Represented By: Matthew L Riggs
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Plaintiff: Walter Charles Schild
Represented By: Luis Pedro Guerra
Represented By: Matthew L Riggs
Represented By: Robert L Greer
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Defendant: Mesa, City of
Represented By: Kim Seibert Alvarado
Represented By: Daniel J O'Connor
Represented By: Daniel Joseph O'Connor, III
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Defendant: Michael Smith
Represented By: Kim Seibert Alvarado
Represented By: Daniel J O'Connor
Represented By: Daniel Joseph O'Connor, III
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Defendant: Gilberto Ulises Vargas
Represented By: Kim Seibert Alvarado
Represented By: Daniel J O'Connor
Represented By: Daniel Joseph O'Connor, III
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Defendant: Unknown Parties
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