Baker v. CBOCS Incorporated et al
| Michael Baker |
| CBOCS Incorporated a foreign corporation doing business as Cracker Barrell doing business as Cracker Barrell Old Country Store, Rose Paving LLC and Unknown Parties |
| 2:2024cv00285 |
| February 9, 2024 |
| US District Court for the District of Arizona |
| Deborah M Fine |
| Stephen M McNamee |
| Personal Injury: Other |
| 28 U.S.C. § 1441 Petition for Removal- Tort/Non-Motor Vehicle |
| Defendant |
Docket Report
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| Filing 27 NOTICE of Attorney Substitution by Daryl Richard Wilson. (Wilson, Daryl) |
Filing 26
ORDER setting a Rule 16 Preliminary Pretrial Conference for 5/8/2024 at 2:30 PM in Courtroom 401, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Stephen M McNamee. Signed by Senior Judge Stephen M McNamee on 4/2/2024. (See Order for details.) (LFIG)
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Filing 25
ORDER granting the Application for Substitution of Counsel #23 . Attorneys John J. Belanger and Ryan S. Leibel of Bremer Whyte Brown & O'Meara, LLP are hereby substituted as counsel of record in this matter in place of Daniel O. King and Michael A. Bayham of Jones, Skelton & Hochuli, PLC. IT IS FURTHER ORDERED directing the Clerk of the Court to terminate Attorneys Daniel O. King and Michael A. Bayham as counsel of record in this matter and to remove their names from the electronic certificate of mailing. Signed by Senior Judge Stephen M McNamee on 3/25/24. (KLG)
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Filing 24
ORDER OF RECUSAL. IT IS ORDERED that this matter has been reassigned by the Clerk of Court, by random lot, to the Honorable Stephen M. McNamee, United States District Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-24-00285-PHX-SMM. Signed by Judge Diane J Humetewa on 3/25/2024. (KLG)
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| Filing 23 MOTION to Substitute Attorney by Application for Substitution of Counsel by CBOCS Incorporated. (Attachments: #1 Proposed Order proposed Order Granting Application for Substitution of Counsel)(Belanger, John) |
| Filing 22 Corporate Disclosure Statement by CBOCS Incorporated. (Bayham, Michael) |
| Filing 21 NOTICE TO PARTY OF DEFICIENCY 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 CBOCS Incorporated. (LFIG) |
| Filing 20 *NOTICE re: Notice of Service re: #15 Order by Michael Baker . (Attachments: #1 Attachment Order by the Court)(Victor, Jeffrey) *Modified to add document link on 3/8/2024 (REK). |
| Filing 19 ANSWER to Complaint with Jury Demand by CBOCS Incorporated.(King, Daniel) |
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Filing 18
ORDER setting a Rule 16 Scheduling Conference for 5/9/2024 at 11:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 3/4/2024. (See Order for details.) (LFIG)
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| Filing 17 NOTICE re: Notice of Service by Michael Baker . (Attachments: #1 Attachment Order by the Court)(Victor, Jeffrey) |
| Filing 16 *SERVICE EXECUTED filed by Michael Baker: Proof of Service re: Summons, Complaint, Certificate of Compulsory Arbitration, and Civil Cover Sheet upon Rose Paving, LLC on 1/18/224 and CBOCS, Inc. dba Cracker Barrell on January 10, 2024. (Victor, Jeffrey) *Modified text on 3/5/2024 (REK). |
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Filing 15
ORDER that Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than May 8, 2024. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. Unless the Court orders otherwise, on May 9, 2024, the Clerk of Court, without further notice, shall terminate any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See document for complete details. Signed by Judge Diane J Humetewa on 3/4/24. (KLG)
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| Filing 14 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 Diane J Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-24-00285-PHX-DJH. FURTHER ORDERED that the Order to Show Cause Hearing scheduled for March 18, 2024 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 13 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) |
| Filing 12 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 9
ORDER that Rose Paving LLC show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 3/18/2024 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (MAP)
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Filing 8
ORDER that Michael Baker show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 3/18/2024 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 7 NOTICE re: Non-Party at Fault by Rose Paving LLC . (Gardner, Melissa) |
| Filing 6 Corporate Disclosure Statement by Rose Paving LLC. (Gardner, Melissa) |
| Filing 5 Additional Attachments to Main Document re: #1 Notice of Removal, Civil Cover Sheet by Defendant Rose Paving LLC. (Gardner, Melissa) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Rose Paving LLC. 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 submit the Automated Civil Cover Sheet using the following: Civil, Other Filings, Other Documents, Additional Attachment to Main Document and link to the Notice of Removal. 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) |
| 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 Rose Paving LLC. (REK) |
| Filing 2 Filing fee paid, receipt number AAZDC-22744287. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV-24-00285-PHX-DMF. 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. (Attachments: #1 Magistrate Consent Form)(REK) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2024-050077. Filing fee received: $405.00, receipt number AAZDC-22744287 filed by Rose Paving LLC. (submitted by Melissa Gardner) (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Supplemental Civil Cover Sheet)(REK) |
| ***State Court record received on 2/09/2024***SERVICE EXECUTED filed by Michael Baker: Certificate of Service re: Summons, Complaint, Civil Cover Sheet, and Certificate of Compulsory Arbitration upon Rose Paving LLC on 1/18/2024.***Certificate of Service by Private Process Server docketed in U.S. District Court on 2/09/2024 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| ***State Court record received on 2/09/2024***ANSWER to Complaint re: #1 Notice of Removal with Jury Demand by Rose Paving LLC.***docketed in U.S. District Court on 2/09/2024 for case management purposes.***(REK) |
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