Pesu v. Step CG LLC
| Nick Pesu |
| Step CG LLC |
| 2:2024cv00815 |
| April 10, 2024 |
| US District Court for the District of Arizona |
| Douglas L Rayes |
| Labor: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Labor/Mgmnt. Relations |
| None |
Docket Report
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This docket was last retrieved on May 23, 2024. A more recent docket listing may be available from PACER.
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Filing 18
ORDER that this matter will, without further Order of this Court, be dismissed within 30 days of the date of this order unless a stipulation to dismiss is filed prior to the dismissal date. IT IS FURTHER ORDERED that any pending hearings are vacated. IT IS FURTHER ORDERED that all pending motions are denied as moot. IT IS FURTHER ORDERED directing the Clerk of the Court to terminate this matter on June 24, 2024, without further leave of Court. Signed by Judge Douglas L Rayes on 5/23/2024. (KLG)
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| Filing 17 NOTICE of Settlement by Nick Pesu. (Dessaules, Jonathan) |
| Filing 16 REPLY to Response to Motion re: #8 First MOTION to Change Venue/Transfer Case to Eastern District of Kentucky filed by Step CG LLC. (Flottman, Augustus) |
| Filing 15 RESPONSE in Opposition re: #8 First MOTION to Change Venue/Transfer Case to Eastern District of Kentucky filed by Nick Pesu. (Imperi, Douglas) |
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Filing 14
ORDER: IT IS ORDERED granting Defendant's #9 Motion for Extension of Time to File Responsive Pleading. The deadline for Defendant to answer or otherwise respond to Plaintiff's complaint is extended until 14 days after the Court's ruling on Defendant's #8 Motion to Transfer Venue. Ordered by Judge Douglas L Rayes on 4/22/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 13 NOTICE by Nick Pesu re: #11 Order re Rule 12(b) Motions. (Dessaules, Jonathan) |
| Filing 12 NOTICE by Nick Pesu re: 10 Order . (Dessaules, Jonathan) |
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Filing 11
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 4/18/2024. (REK)
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Filing 10
ORDER: Defendant has moved for an extension of time to file responsive pleading. (Doc. #9 .) The motion does not indicate whether Plaintiff opposes the request. So that the Court can rule on the motion without delay, by no later than 4/22/2024, Plaintiff shall file either a response in opposition to Defendant's motion or, if Plaintiff does not oppose the request, a notice of non-opposition. Going forward, parties are encouraged to make reasonable efforts to determine the opposing party's position on such extensions and to include that information in the motion so that the Court knows whether to await a response before ruling. Ordered by Judge Douglas L Rayes on 4/18/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 9 First MOTION for Extension of Time to File Answer by Step CG LLC. (Attachments: #1 Proposed Order)(Buesing, James) |
| Filing 8 First MOTION to Change Venue/Transfer Case to Eastern District of Kentucky by Step CG LLC. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Exhibit B)(Buesing, James) |
| Filing 7 Corporate Disclosure Statement by Step CG LLC. (Buesing, James) |
| Filing 6 AMENDED DOCUMENT by Step CG LLC. Amendment to #1 Notice of Removal, . (Attachments: #1 Exhibit Exhibit A)(Buesing, James) |
| Remark: Pro hac vice motion(s) granted for Augustus B Flottman, Michael A Roberts on behalf of Defendant Step CG LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 5
ORDER: Defendant Step CG LLC removed this case on the basis of diversity jurisdiction. According to the notice of removal, Plaintiff is an Arizona resident. Complete diversity exists only if Defendant is not an Arizona resident. The notice of removal states that Defendant is an Ohio corporation. But Defendant is an LLC, and for purposes of diversity jurisdiction, "an LLC is a citizen of every state of which its owners/members are citizens."Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). The notice of removal does not disclose the identities of Defendant's owners/members, nor does it disclose the state(s) in which those owner(s)/member(s) are citizens. Without this information, the Court cannot assess whether complete diversity exists. Accordingly, IT IS ORDERED that, within 7 days of the date of this order, Defendant either (1) amend its notice of removal to properly allege its citizenship or (2) show cause in writing why this matter should not be remanded for lack of subject-matter jurisdiction. Ordered by Judge Douglas L Rayes on 4/10/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Step CG LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Document not in compliance with LRCiv 7.1(a)(1). Attorney filing information must be typed in the upper left corner. No further action is required. 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 Step CG LLC. (REK) |
| Filing 2 Filing fee paid, receipt number AAZDC-22935334. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-24-00815-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2024-050906. Filing fee received: $405.00, receipt number AAZDC-22935334 filed by Step CG LLC. (submitted by James Buesing) (Attachments: #1 Exhibit, #2 Exhibit A, #3 Notice, #4 Civil Cover Sheet, #5 Supplemental Civil Cover Sheet)(REK) |
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| Plaintiff: Nick Pesu | |
| Represented By: | Jonathan Adam Dessaules |
| Represented By: | Douglas M Imperi, II |
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| Defendant: Step CG LLC | |
| Represented By: | Augustus B Flottman |
| Represented By: | James Paul Buesing |
| Represented By: | Michel A Roberts |
| Represented By: | Michael A Roberts |
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