Torres v. United States of America
| Steven Elliot Torres |
| Christopher Holt Salyer, Stacey D Salyer, Unknown Parties and United States of America |
| 3:2023cv08603 |
| November 17, 2023 |
| US District Court for the District of Arizona |
| Deborah M Fine |
| Personal Injury: Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Tort/Motor Vehicle (P.I.) |
| None |
Docket Report
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Filing 18
ORDER granting #10 Motion to Set Aside Default. FURTHER ORDERED that the entries of default against Christopher Holt Salyer and Stacy D. Salyer by the Coconino County Superior Court dated October 19, 2023 (when the matter was before the Coconino County Superior Court in case number S-0300-CV-202300507 before removal to this Court), are hereby set aside. Signed by Magistrate Judge Deborah M Fine on 1/10/24. (EJA)
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| Filing 17 REPLY to Response to Motion re: #10 MOTION to Set Aside Default filed by United States of America. (Torres, Javier) |
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Filing 16
ORDER granting the parties' Stipulation for Extensions of Time (First Request) (Doc. #15 ). ORDERED extending the deadline for Plaintiff to file a response to Defendant's Motion to Dismiss (Doc. #5 ) to January 23, 2024. FURTHER ORDERED extending the deadline for Defendant to file a reply to its Motion to Set Aside Default (Doc. #10 ) to January 9, 2024. Signed by Magistrate Judge Deborah M Fine on 12/21/23. (EJA)
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| Filing 15 *STIPULATION for Extension of Time to File Response/Reply as to #10 MOTION to Set Aside Default , #5 MOTION to Dismiss for Lack of Jurisdiction by United States of America. (Attachments: #1 Proposed Order)(Torres, Javier) *Modified to correct event on 12/21/2023 (EJA). |
| Filing 14 RESPONSE to Motion re: #10 MOTION to Set Aside Default filed by Steven Elliot Torres. (Attachments: #1 Exhibit Flagstaff Police Department Incident/Investigation Report, #2 Exhibit Arizona Crash Report, #3 Exhibit Flagstaff Police Department Traffic Ticket and Complaint/Summons, #4 Exhibit Accident Reconstruction, #5 Exhibit Motion to Dismiss State Court Criminal Charges, #6 Exhibit Letter from John Phebus to Christopher Salyer, #7 Exhibit State Court Complaint, #8 Exhibit Certificate of Service of Process on the Salyers, #9 Exhibit Plaintiff's Application for Entry of Default in State Court, #10 Exhibit United States Notice of Removal)(Phebus, John) |
| Filing 13 Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Deborah M Fine conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. FURTHER ORDERED the Order to Show Cause Hearing scheduled for January 16, 2024 is hereby VACATED. 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) |
| Filing 10 MOTION to Set Aside Default by United States of America. (Attachments: #1 Proposed Order)(Torres, Javier) |
| Filing 9 Additional Attachments to Main Document re: #5 MOTION to Dismiss for Lack of Jurisdiction Exhibit A: Declaration of Kaymi Ross by Defendant United States of America. (Torres, Javier) |
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Filing 8
ORDER that Steven Elliot Torres show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 1/16/2024 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 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) |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction by United States of America. (Torres, Javier) |
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Filing 4
ORDER granting Defendant's Unopposed Motion for Extension of Time to Answer Complaint (First Request) (Doc. #3 ). IT IS FURTHER ORDERED extending the deadline for Defendant to answer or otherwise respond to Plaintiff's Complaint from November 24, 2023, to December 1, 2023. Signed by Magistrate Judge Deborah M Fine on 11/22/23. (SMF)
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| Filing 3 First MOTION for Extension of Time to File Answer (Unopposed) by United States of America. (Attachments: #1 Proposed Order)(Torres, Javier) |
| Filing 2 This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV-23-08603-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. (BAC) |
| Filing 1 NOTICE OF REMOVAL from Coconino County Superior Court, case number S0300CV20200507 filed by United States of America. (Torres, Javier) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 State Court Docket, #4 Operative Complaint, #5 Service Documents, #6 Answers (None), #7 Orders Terminating or Dismissing Parties (None), #8 Notices of Appearance (None), #9 Pending Motions, #10 Remainder of State Court Record, #11 Verification of State Court Record, #12 Exhibit A: Certification of Scope of Employment)(BAC) |
| ***STATE COURT RECORDS RECEIVED***SERVICE EXECUTED: Certificate of Service re: Summons, Complaint, Certificate of Arbitration upon Christopher Holt Salyer, Stacey D Salyer on 9/22/23(Original filed in Maricopa County Superior Court on 9/26/23). (BAC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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