FM Holding Company LLC et al v. Pekin Insurance Company
Plaintiff: FM Holding Company LLC and First West Properties Corporation
Defendant: Pekin Insurance Company
Case Number: 2:2024cv00337
Filed: February 16, 2024
Court: US District Court for the District of Arizona
Presiding Judge: John Z Boyle
Referring Judge: James A Teilborg
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Declaratory Judgement
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2024 Opinion or Order Filing 24 ORDER granting #23 Joint Stipulation to Continue Scheduling Conference: The Scheduling Conference is continued from today to Wednesday, April 17, 2024 at 11:00 AM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge James A. Teilborg. Ordered by Senior Judge James A. Teilborg on 4/9/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMB)
April 8, 2024 Filing 23 STIPULATION re: #17 Order,,, Set/Reset Hearings,, Joint Stipulation to Continue Scheduling Conference Set for April 9, 2024 at 11:30 a.m. by Pekin Insurance Company. (Attachments: #1 Instructions Proposed Order)(Ritenour, Megan)
April 2, 2024 Filing 22 NOTICE of Appearance by Daniel Benjamin Bernardone on behalf of FM Holding Company LLC, First West Properties Corporation. (Bernardone, Daniel)
April 2, 2024 Filing 21 NOTICE of Service of Discovery filed by FM Holding Company LLC, First West Properties Corporation. (Bernardone, Daniel)
March 28, 2024 Filing 20 REPORT of Rule 26(f) Planning Meeting by FM Holding Company LLC, First West Properties Corporation. (Bernardone, Daniel)
March 8, 2024 Opinion or Order Filing 19 ORDER granting the application #14 such that Daniel Bernardone, Mick Rusing, and the law firm of Rusing Lopez & Lizardi, P.L.L.C. are substituted as counsel of record for the Plaintiff in place of James N. Hanson, Andrew J. Wenker, and the law firm of Lang Thal King & Hanson PC. Signed by Senior Judge James A Teilborg on 3/8/2024. (KLG)
March 8, 2024 Filing 18 *SUPPLEMENT re #1 Notice of Removal by Pekin Insurance Company re: #1 Notice of Removal Supplemental Notice of Removal. (Ritenour, Megan) *Modified to correct event type and text on 3/11/2024 (KLG).
March 8, 2024 Opinion or Order Filing 17 ORDER that pursuant to Rule 16 of the Federal Rules of Civil Procedure an in-person Scheduling Conference is set for Tuesday, April 9, 2024, at 11:30 a.m., Courtroom 503. IT IS FURTHER ORDERED that all parties are directed to meet at least twenty-one (21) days before the Scheduling Conference, in accordance with Rule 26(f) of the Federal Rules of Civil Procedure to discuss the following matters and shall develop a Joint Proposed Case Management Plan. IT IS FURTHER ORDERED that counsel shall jointly file their Proposed Case Management Plan with the Clerk of the Court not less than ten (10) days before the Scheduling Conference. See document for complete details. Signed by Senior Judge James A Teilborg on 3/8/2024. (KLG)
March 6, 2024 Filing 16 NOTICE re: Plaintiffs' Notice re Readiness for Rule 16 Scheduling Conference by FM Holding Company LLC, First West Properties Corporation . (Wenker, Andrew)
March 6, 2024 Filing 15 Corporate Disclosure Statement by FM Holding Company LLC, First West Properties Corporation. (Wenker, Andrew)
March 6, 2024 Filing 14 *MOTION to Substitute Attorney re: to Substitute Counsel for Plaintiffs FM Holding Company, L.L.C., and First West Properties Corporation by Plaintiffs FM Holding Company LLC, First West Properties Corporation. (Attachments: #1 Proposed Order)(Bernardone, Daniel) *Modified to correct event type and text on 3/6/2024 (KLG).
March 6, 2024 Filing 13 SUPPLEMENT Pekin Insurance Company's Supplemental Rule 7.1 Corporate Disclosure Statement re: #6 Corporate Disclosure Statement by Defendant Pekin Insurance Company. (Ritenour, Megan)
March 4, 2024 Opinion or Order Filing 12 ORDER that each party must file a new, complete Rule 7.1 disclosure statement (see Doc. #3 ) by March 6, 2024. IT IS FURTHER ORDERED that Defendant must file a supplement to the notice of removal by March 8, 2024, fully alleging Federal subject matter jurisdiction or this case will be remanded to state court. See document for complete details. Signed by Senior Judge James A Teilborg on 3/4/24. (KLG)
March 4, 2024 Opinion or Order Filing 11 STANDARD CIVIL TRACK INITIAL ORDER: This action is designated a STANDARD TRACK case. See Order for further details. Signed by Senior Judge James A. Teilborg on 3/4/2024. (KMB)
March 4, 2024 Filing 10 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 James A Teilborg. All further pleadings/papers should now list the following COMPLETE case number: CV-24-00337-PHX-JAT. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
March 1, 2024 Filing 9 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)
March 1, 2024 Filing 7 Corporate Disclosure Statement by FM Holding Company LLC, First West Properties Corporation. (Wenker, Andrew)
February 28, 2024 Filing 6 Corporate Disclosure Statement by Pekin Insurance Company. (Ritenour, Megan)
February 28, 2024 Filing 5 Pekin Insurance Company's ANSWER to Complaint by Pekin Insurance Company.(Ritenour, Megan)
February 20, 2024 Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Pekin Insurance Company. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK)
February 20, 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 FM Holding Company LLC, First West Properties Corporation, Pekin Insurance Company. (REK)
February 16, 2024 Filing 2 Filing fee paid, receipt number BAZDC-22765458. This case has been assigned to the Honorable John Z Boyle. All future pleadings or documents should bear the correct case number: CV-24-00337-PHX-JZB. 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 16, 2024 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2024-001820. Filing fee received: $405.00, receipt number BAZDC-22765458 filed by Pekin Insurance Company. (submitted by Megan Ritenour) (REK)
February 16, 2024 ***State Court record received on 2/16/2024***SERVICE EXECUTED filed by FM Holding Company LLC, First West Properties Corporation: Notice of Service re: Summons and Complaint upon Pekin Insurance Company via C T Corporation System on 2/05/2024.***Service of Process Transmittal Summary docketed in U.S. District Court on 2/16/2024 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: FM Holding Company LLC et al v. Pekin Insurance Company
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Plaintiff: FM Holding Company LLC
Represented By: Andrew J Wenker
Represented By: James Nicholas Hanson
Represented By: Alexander J Relich
Represented By: Daniel Benjamin Bernardone
Represented By: Michael John Rusing
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Plaintiff: First West Properties Corporation
Represented By: Andrew J Wenker
Represented By: James Nicholas Hanson
Represented By: Alexander J Relich
Represented By: Daniel Benjamin Bernardone
Represented By: Michael John Rusing
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Defendant: Pekin Insurance Company
Represented By: Jay Graif
Represented By: Megan Elizabeth Ritenour
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