Warden v. Russell et al
Plaintiff: Roy Warden
Defendant: Phyllis Russell, Aindrea McCammon, John Adams, Michael Garcia and Esperanza En Escalante
Case Number: 4:2015cv00361
Filed: August 19, 2015
Court: US District Court for the District of Arizona
Office: Tucson Division Office
County: Pima
Presiding Judge: Jacqueline M Rateau
Referring Judge: James A Soto
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 20, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2016 Opinion or Order Filing 25 ORDERED granting #15 Motion to Remand to State Court and #17 Motion to Amend. Ordered Magistrate Judge's #24 Report and Recommendation is accepted and adopted. Signed by Judge James A Soto on 1/20/2016.(BAR)
October 13, 2015 Filing 24 REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the District Court, deny without prejudice the #6 MOTION to Dismiss, and the #7 Joinder and MOTION to Dismiss; grant the #15 Plaintiff's MOTION to Remand to State Court; grant #17 Plaintiff's MOTION to Amend his complaint. The parties have 14 days within which to file a response to the objections. No replies are permitted without leave of court. Signed by Magistrate Judge Jacqueline M Rateau on 10/13/2015. (BAR)
October 6, 2015 Filing 23 Joinder to Response to Motion to Amend and Remand by Defendant Michael Garcia. (Anderson, Daniel)
October 5, 2015 Filing 22 RESPONSE to Motion re: #17 MOTION to Amend/Correct, #15 MOTION to Remand to State Court filed by Esperanza En Escalante. (Pastore, Christopher)
September 23, 2015 Opinion or Order Filing 21 ORDER granting in part and denying in part #16 Motion to Stay or for Extension of Time to File Response to Motions to Dismiss. This matter will not be stayed, but Plaintiff shall, if necessary, file his response to the pending motions to dismiss within 15 days from the filing date of the Courts order resolving the Motion to Remand and Motion to Amend. Defendants shall thereafter have 15 days to file their replies. Signed by Magistrate Judge Jacqueline M Rateau on 9/23/2015.(BAR)
September 23, 2015 Opinion or Order Filing 20 ORDER granting #14 Motion for Leave to Proceed In Forma Pauperis. Plaintiff may proceed without prepayment of costs or fees or the necessity of giving security therefor. Plaintiff shall be responsible for service by waiver or of the summons and complaint. Signed by Magistrate Judge Jacqueline M Rateau on 9/23/2015.(BAR)
September 23, 2015 Opinion or Order Filing 19 ORDER granting #10 and #13 Motions for Permission for Electronic Case Filing. Signed by Magistrate Judge Jacqueline M Rateau on 9/23/2015. (See Order for Specific Details.)(BAR)
September 22, 2015 Opinion or Order Filing 18 ORDERED that case is referred back to Magistrate Judge Jacqueline M Rateau for all pretrial proceedings and report and recommendation. All future filings in this case shall be designated: 4:15-CV-361-TUC-JAS (JR). Signed by Judge James A Soto on 9/22/2015. (BAR)
September 18, 2015 Filing 17 MOTION to Amend Complaint by Roy Warden. (Attachments: #1 First Amended Complaint)(BAR)
September 18, 2015 Filing 16 MOTION to Stay or for Extension of Time to File Response to Motion to Dismiss by Roy Warden. (BAR)
September 18, 2015 Filing 15 MOTION to Remand to State Court by Roy Warden. (BAR)
September 11, 2015 Filing 14 APPLICATION for Leave to Proceed In Forma Pauperis by Roy Warden. (Attachments: #1 Proposed Order)(BAR)
September 11, 2015 Filing 13 MOTION to Allow Electronic Filing by a Party Appearing without an Attorney by Roy Warden. (Attachments: #1 Proposed Order, #2 ECF Registratiom Form)(BAR)
September 8, 2015 Filing 12 MINUTE ORDER: Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge. Case reassigned by random draw to Judge James A Soto. All further pleadings should now list the following COMPLETE case number: CV15-361-TUC-JAS. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (FKD)
September 8, 2015 Filing 11 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (FKD)
August 28, 2015 Filing 10 MOTION for Permission for Electronic Case Filing by Roy Warden. (Attachments: #1 Proposed Order)(BAR)
August 28, 2015 Opinion or Order Filing 9 ORDER re: #6 , #7 First MOTION to Dismiss; Plaintiff shall have 30 days from the date this Order is filed to file a response to Defendants Motion to Dismiss. IT IS FURTHER ORDERED that Defendants shall file any reply within 15 days from the date Plaintiffs response is filed. Signed by Magistrate Judge Jacqueline M Rateau on 8/28/2015. (BAR)
August 28, 2015 Filing 8 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. (FKD)
August 27, 2015 Filing 7 First MOTION to Dismiss for Failure to State a Claim and Joinder of Co-Defendants' Motion to Dismiss (ECF doc. 6) by Michael Garcia. (Anderson, Daniel)
August 26, 2015 Filing 6 MOTION to Dismiss Case by Esperanza En Escalante. (Mackie, James)
August 26, 2015 Filing 5 Corporate Disclosure Statement by Esperanza En Escalante. (Mackie, James)
August 20, 2015 Filing 4 NOTICE re: Service of Court's Notice Regarding Magistrate Election Form by Esperanza En Escalante . (Mackie, James)
August 20, 2015 Filing 3 NOTICE TO PARTY OF DEFICIENCY 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 Esperanza En Escalante. (DPS)
August 19, 2015 Filing 2 Filing fee paid, receipt number 0970-12022505. This case has been assigned to the Honorable Jacqueline M Rateau. All future pleadings or documents should bear the correct case number: 4:15-CV-00361-TUC-JR. Magistrate Election form attached. (DPS)
August 19, 2015 ***STATE COURT RECORD RECEIVED***SERVICE EXECUTED: Affidavit of Service re: Civil Summons, Complaint, and Certificate of Compulsory Arbitration upon Phyllis Rusell, Aindrea McCammon, Michael Garcia, and Esperanza En Escalante on 8/17/2015 (originals filed in Pima County Superior Court 8/13/2015). (Date inconsistency noted, however dates were entered as they appear on the Affidavit) (DPS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
August 19, 2015 Filing 1 NOTICE OF REMOVAL from Pima County Superior Court, case number C20153232. Filing fee received: $ 400.00, receipt number 0970-12022505 filed by Esperanza En Escalante, Aindrea McCammon, Phyllis Russell, Michael Garcia. (Pastore, Christopher) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(DPS)

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Plaintiff: Roy Warden
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Defendant: Phyllis Russell
Represented By: Christopher M Pastore
Represented By: James Kyle Mackie
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Defendant: Aindrea McCammon
Represented By: Christopher M Pastore
Represented By: James Kyle Mackie
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Defendant: John Adams
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Defendant: Michael Garcia
Represented By: Daniel William Anderson
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Defendant: Esperanza En Escalante
Represented By: Christopher M Pastore
Represented By: James Kyle Mackie
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