McKelvey v. Humphries et al
| Kerry McKelvey |
| Mitchell Miller Humphries, Western States Trucking and Equipment Incorporated and Unknown Parties |
| 3:2023cv08570 |
| October 5, 2023 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Personal Injury: Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Auto Negligence |
| Defendant |
Docket Report
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Filing 20
ORDER that the Court will take no action and the Order to Show Cause 16 is discharged. Counsel is admonished to pay attention to time zone adjustments for hearings and other events in his cases outside of the State of Nevada. Signed by Judge Michael T Liburdi on 12/7/23. (KLG)
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| Filing 19 RESPONSE re: 16 Scheduling Conference,,,, Set/Reset Deadlines/Hearings,,,, Common Prompts (Text Only),,, Order to Show Cause by Plaintiff Kerry McKelvey. (Burk, Christopher) |
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Filing 18
ORDER SETTING JURY TRIAL AND FINAL PRETRIAL CONFERENCE: IT IS ORDERED setting Jury Trial for January 6, 2025. Length of trial is five days. Trial will be held on the following days: January 6, 2025, January 7, 2025, January 8, 2025, January 9, 2025, and January 10, 2025. IT IS ORDERED setting a Final Pretrial Conference in this case for December 19, 2024, at 10:00 AM (Arizona Time). IT IS FURTHER ORDERED that the attorneys (or pro se parties) who will be responsible for the trial of the case shall prepare and sign a joint Proposed Final Pretrial Order and lodge it with the Court (by electronically filing a notice of lodging with the joint Proposed Final Pretrial Order attached) not later than seven (7) days prior to the Final Pretrial Conference. IT IS FURTHER ORDERED that this Court views compliance with the provisions of this Order as critical to its case management responsibilities and the responsibilities of the parties under Rule 1 of the Federal Rules of Civil Procedure. See document for complete details. Signed by Judge Michael T Liburdi on 12/4/23. (KLG)
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Filing 17
SCHEDULING ORDER: Discovery due by 9/13/2024. Dispositive motions due by 10/4/2024. Signed by Judge Michael T Liburdi on 12/4/23. (KLG)
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| Filing 16 MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Scheduling Conference held on 12/4/2023. Case status and deadlines are discussed. Jury Trial is set for January 6, 2025, in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi for five (5) days. Final Pretrial Conference is set for December 19, 2024, at 10:00 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Separate Order to issue. Plaintiff's Counsel, Christopher Burk, has failed to appear. IT IS ORDERED that counsel shall show cause in writing, no later than December 11, 2023, why sanctions of $250.00 should not be imposed for failure to appear. APPEARANCES: Plaintiff neither present nor represented by counsel. Alexis Tinucci for Defendants. (Court Reporter Cathy Taylor.) Hearing held 9:33 AM to 9:49 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) |
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Filing 15
ORDER granting #14 Motion for Leave to Appear Telephonically. Counsel Christopher D. Burk, Esq., of Burk Injury Lawyers may appear telephonically at the Scheduling Conference set for Monday, December 4, 2023, at 9:30 AM. Signed by Judge Michael T. Liburdi on 11/27/2023. (LMR)
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| Filing 14 MOTION for Leave to Appear Telephonically by Kerry McKelvey. (Burk, Christopher) |
| Filing 13 REPORT of Rule 26(f) Planning Meeting by Kerry McKelvey. (Burk, Christopher) |
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Filing 12
ORDER denying Plaintiff's Motion for Leave to Appeal Telephonically #11 because the motion did not explain why telephonic appearance is necessary. Plaintiff's counsel may refile a renewed motion, if he or she chooses, no later than November 21, 2023. Signed by Judge Michael T Liburdi on 11/16/2023. (KLG)
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| Filing 11 MOTION for Leave to Appear Telephonically by Kerry McKelvey. (Burk, Christopher) *Modified to remove Ex Parte designation on 11/16/2023 (KLG). |
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Filing 10
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference is set for 12/4/2023 at 09:30 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T Liburdi. See order for additional deadlines and details. Signed by Judge Michael T. Liburdi on 10/24/2023. (LMR)
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| Filing 9 Additional Attachments to Main Document re: #1 Notice of Removal, by Defendants Mitchell Miller Humphries, Unknown Parties, Western States Trucking and Equipment Incorporated. (Dodrill, Colt) |
| Filing 8 *DEFENDANT'S DEMAND for Jury Trial by Mitchell Miller Humphries and Western States Trucking and Equipment Incorporated. (Dodrill, Colt) *Modified to add additional filer on 10/6/2023 (REK). |
| Filing 7 *ANSWER to Complaint by Mitchell Miller Humphries and Western States Trucking and Equipment Incorporated.(Dodrill, Colt) *Modified to remove incorrect jury demand and added additional filer on 10/6/2023 (REK). |
| Filing 6 Corporate Disclosure Statement by Mitchell Miller Humphries. (Attachments: #1 Supplemental Civil Cover Sheet)(Dodrill, Colt) |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Mitchell Miller Humphries, Western States Trucking and Equipment Incorporated. 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. (MCO) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Mitchell Miller Humphries, Western States Trucking and Equipment Incorporated. 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. Supplement Civil Cover Sheet as to ALL Removals FOLLOW-UP ACTION REQUIRED: PLEASE Civil Cover Sheet and Civil Supplemental Cover Sheet. 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. (MCO) |
| 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 Western States Trucking and Equipment Incorporated. (MCO) |
| Filing 2 Filing fee paid, receipt number AAZDC-22365666. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-23-8570-PCT-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 1 NOTICE OF REMOVAL from Mohave County Superior Court, case number S8015CV2023-1279. Filing fee received: $ 402.00, receipt number AAZDC-22365666 filed by Western States Trucking and Equipment Incorporated, Mitchell Miller Humphries. (Dodrill, Colt) (Attachments: #1 Exhibit)(MCO) |
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