Gesell v. Cottonwood, City of et al
Plaintiff: Stephen Gesell
Defendant: Cottonwood, City of, Tim Elinski, Jesus Rodriguez, Scotty Douglass, Jennifer Winkler, Amanda Wilber and Helaine Kurot
Case Number: 3:2024cv08090
Filed: May 10, 2024
Court: US District Court for the District of Arizona
Presiding Judge: Dominic W Lanza
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 13, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2024 Opinion or Order Filing 16 ORDER - IT IS ORDERED that Plaintiff's motion (Doc. #15 ) is granted. The deadline for Plaintiff to respond to the pending motion to dismiss (Doc. #13 ) is extended to 14 days after the Court's resolution of the pending motion to disqualify defense counsel (Doc. #8 ). Ordered by Judge Dominic W Lanza.(SLQ)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
June 13, 2024 Filing 15 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss Counts/Claims : I, II, IV, V, VI by Stephen Gesell. (Attachments: #1 Proposed Order Proposed Order)(Eckert, Kimberly)
June 12, 2024 Filing 14 RESPONSE to Motion re: #8 MOTION to Disqualify Counsel filed by Cottonwood, City of, Scotty Douglass, Tim Elinski, Helaine Kurot, Jesus Rodriguez, Amanda Wilber, Jennifer Winkler. (Attachments: #1 Exhibit Exhibits 1-11)(Pierce, Justin)
June 10, 2024 Filing 13 MOTION to Dismiss Counts/Claims : I, II, IV, V, VI by Cottonwood, City of, Scotty Douglass, Tim Elinski, Helaine Kurot, Jesus Rodriguez, Amanda Wilber, Jennifer Winkler. (Attachments: #1 Exhibit, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14)(Pierce, Justin)
June 10, 2024 Opinion or Order Filing 12 ORDER - IT IS ORDERED that Defendants' unopposed motion (Doc. #9 ) is granted. IT IS FURTHER ORDERED that the page limitation for Defendants consolidated motion to dismiss and motion to strike shall be 33 pages, the page limitation for Plaintiff's response shall be 33 pages, and the page limitation for the reply brief shall be 22 pages. IT IS FURTHER ORDERED that, pursuant to Defendants' notice of errata (Doc. #11 ), the Clerk shall not file the lodged document at Doc. #10 . Although Defendants attached an amended motion to their notice of errata (Doc. #11 -1), the motion and exhibits are impermissibly lumped together in one document. Defendants shall refile their motion and supporting exhibits and, in accordance with the District of Arizona Electronic Case Filing Administrative Policies and Procedures Manual, shall file separate attachments to the motion for each separate exhibit, as well as for the required index of attached exhibits. Because there are 14 exhibits to the motion, there should be 15 separate attachments (one for the index and one for each attachment), which may necessitate using the "Additional Attachments to Main Document" event, as described in section N.1.d. of the Manual. Ordered by Judge Dominic W Lanza.(SLQ)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
June 7, 2024 Filing 11 NOTICE of Errata re: #10 Lodged Proposed Document, Motion to Dismiss by Defendants Cottonwood, City of, Scotty Douglass, Tim Elinski, Helaine Kurot, Jesus Rodriguez, Amanda Wilber, Jennifer Winkler.. (Attachments: #1 Attachment)(Pierce, Justin)
June 6, 2024 Filing 10 *NOT FILED per 12 * LODGED Proposed Motion to Dismiss re: #9 MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Cottonwood, City of, Scotty Douglass, Tim Elinski, Helaine Kurot, Jesus Rodriguez, Amanda Wilber, Jennifer Winkler. (Attachments: #1 Exhibit)(Pierce, Justin) Modified on 6/10/2024 (SLQ).
June 6, 2024 Filing 9 MOTION for Leave to File Excess Pages for Motion for Partial Dismissal of Plaintiff's Complaint by Cottonwood, City of, Scotty Douglass, Tim Elinski, Helaine Kurot, Jesus Rodriguez, Amanda Wilber, Jennifer Winkler. (Attachments: #1 Proposed Order, #2 Attachment Motion to Dismiss, #3 Exhibit Motion to Dismiss Exhibits)(Pierce, Justin) *Modified to correct text on 6/7/2024 (KLG).
May 30, 2024 Filing 8 MOTION to Disqualify Counsel by Stephen Gesell. (Attachments: #1 Proposed Order Proposed Order)(Eckert, Kimberly)
May 22, 2024 Filing 7 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Stephen Gesell . (Attachments: #1 Exhibit Tracked Amended Complaint, #2 Exhibit Exhibits FtoK Amended Complaint)(Eckert, Kimberly)
May 22, 2024 Filing 6 AMENDED COMPLAINT against All Defendants filed by Stephen Gesell. (Attachments: #1 Exhibit)(Eckert, Kimberly)
May 21, 2024 Opinion or Order Filing 5 ORDER - IT IS ORDERED that the parties' stipulation (Doc. #4 ) is granted. Plaintiff shall file his first amended complaint by May 24, 2024. Defendants shall respond by June 7, 2024. Ordered by Judge Dominic W Lanza on 5/21/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ)
May 17, 2024 Filing 4 STIPULATION by Cottonwood, City of, Scotty Douglass, Tim Elinski, Helaine Kurot, Jesus Rodriguez, Amanda Wilber, Jennifer Winkler. (Attachments: #1 Proposed Order)(Pierce, Justin)
May 13, 2024 Opinion or Order Filing 3 PRELIMINARY ORDER - (See document for complete details). Signed by Judge Dominic W Lanza on 5/13/24. (SLQ)
May 10, 2024 Filing 2 Filing fee paid, receipt number AAZDC-23035833. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-24-08090-PCT-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK)
May 10, 2024 Filing 1 NOTICE OF REMOVAL from Yavapai County Superior Court, case number S1300CV202480096. Filing fee received: $405.00, receipt number AAZDC-23035833 filed by Tim Elinski, Scotty Douglass, Cottonwood, City of, Amanda Wilber, Jennifer Winkler, Helaine Kurot, Jesus Rodriguez. (submitted by Justin Pierce) (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Supplemental Civil Cover Sheet)(REK)

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Plaintiff: Stephen Gesell
Represented By: Kimberly Ann Eckert
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Defendant: Cottonwood, City of
Represented By: Joseph Dean Estes
Represented By: Justin Scott Pierce
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Defendant: Tim Elinski
Represented By: Joseph Dean Estes
Represented By: Justin Scott Pierce
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Defendant: Jesus Rodriguez
Represented By: Joseph Dean Estes
Represented By: Justin Scott Pierce
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Defendant: Scotty Douglass
Represented By: Joseph Dean Estes
Represented By: Justin Scott Pierce
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Defendant: Jennifer Winkler
Represented By: Joseph Dean Estes
Represented By: Justin Scott Pierce
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Defendant: Amanda Wilber
Represented By: Joseph Dean Estes
Represented By: Justin Scott Pierce
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Defendant: Helaine Kurot
Represented By: Joseph Dean Estes
Represented By: Justin Scott Pierce
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