Baker v. CBOCS Incorporated et al
Plaintiff: Michael Baker
Defendant: CBOCS Incorporated a foreign corporation doing business as Cracker Barrell doing business as Cracker Barrell Old Country Store, Rose Paving LLC and Unknown Parties
Case Number: 2:2024cv00285
Filed: February 9, 2024
Court: US District Court for the District of Arizona
Presiding Judge: Deborah M Fine
Referring Judge: Stephen M McNamee
Nature of Suit: Personal Injury: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Tort/Non-Motor Vehicle
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 8, 2024 Filing 27 NOTICE of Attorney Substitution by Daryl Richard Wilson. (Wilson, Daryl)
April 2, 2024 Opinion or Order 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)
March 25, 2024 Opinion or Order 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)
March 25, 2024 Opinion or Order 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)
March 22, 2024 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)
March 21, 2024 Filing 22 Corporate Disclosure Statement by CBOCS Incorporated. (Bayham, Michael)
March 8, 2024 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)
March 7, 2024 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).
March 5, 2024 Filing 19 ANSWER to Complaint with Jury Demand by CBOCS Incorporated.(King, Daniel)
March 5, 2024 Opinion or Order 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)
March 5, 2024 Filing 17 NOTICE re: Notice of Service by Michael Baker . (Attachments: #1 Attachment Order by the Court)(Victor, Jeffrey)
March 4, 2024 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).
March 4, 2024 Opinion or Order 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)
March 1, 2024 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)
February 29, 2024 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)
February 29, 2024 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)
February 29, 2024 Opinion or Order 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)
February 29, 2024 Opinion or Order 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)
February 28, 2024 Filing 7 NOTICE re: Non-Party at Fault by Rose Paving LLC . (Gardner, Melissa)
February 23, 2024 Filing 6 Corporate Disclosure Statement by Rose Paving LLC. (Gardner, Melissa)
February 12, 2024 Filing 5 Additional Attachments to Main Document re: #1 Notice of Removal, Civil Cover Sheet by Defendant Rose Paving LLC. (Gardner, Melissa)
February 12, 2024 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)
February 9, 2024 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)
February 9, 2024 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)
February 9, 2024 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)
February 9, 2024 ***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.
February 9, 2024 ***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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Plaintiff: Michael Baker
Represented By: Jeffrey Lloyd Victor
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Defendant: CBOCS Incorporated a foreign corporation doing business as Cracker Barrell doing business as Cracker Barrell Old Country Store
Represented By: Daniel Oliver King
Represented By: John J Belanger
Represented By: Michael Alan Bayham
Represented By: Ryan Sinay Leibel
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Defendant: Rose Paving LLC
Represented By: Melissa Ann Gardner
Represented By: Daryl Richard Wilson
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Defendant: Unknown Parties
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