Castle Co-Packers LLC v. Busch Machinery Incorporated et al
| Castle Co-Packers LLC |
| Busch Machinery Incorporated and Mick Most |
| 4:2023cv00394 |
| August 23, 2023 |
| US District Court for the District of Arizona |
| Cindy K Jorgenson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
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Filing 37
ORDERED the #36 Stipulation is ADOPTED. Plaintiff shall file an amended complaint no earlier than September 25, 2023, and no later than October 25, 2023. Defendants shall file a responsive pleading thereafter within 14 days, unless a stipulation or motion is filed requesting additional time. As to the pending complaint, no response shall be required, and no default shall be entered. Signed by Senior Judge Cindy K Jorgenson on 9/18/23. (MYE)
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| Filing 36 STIPULATION re: Amended Complaint by Busch Machinery Incorporated, Mick Most. (Attachments: #1 Proposed Order Proposed Order)(Laird, Brian) |
| Filing 35 NOTICE of Appearance by Brian Laird on behalf of Busch Machinery Incorporated, Mick Most. (Laird, Brian) |
| Remark: Out of state attorneys Ashley L Buck and Brad N Sommer terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Vincent M Roskovensky on behalf of Plaintiff Castle Co-Packers LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Michael Christian Whitticar on behalf of Defendants Busch Machinery Incorporated, Mick Most. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 34 NOTICE of Appearance by Christopher Thomas Curran on behalf of Castle Co-Packers LLC. (Curran, Christopher) |
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Filing 33
ORDERED: The Stipulation (Doc. #11 ) is ADOPTED. Defendants shall file an Answer or otherwise respond to the Complaint on or before September 18, 2023. Signed by Senior Judge Cindy K Jorgenson on 8/28/23. (MYE)
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| Filing 32 Notice to the Western District of Pennsylvania advising of Receipt of 2:23-cv-00459. (MCO) |
| Filing 31 This case has been assigned to the Honorable Cindy K Jorgenson. All future pleadings or documents should bear the correct case number: CV-23-394-TUC-CKJ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 30 CASE TRANSFERRED IN from District of Pennsylvania Western; Case Number 2:23-cv-00459 . Original file certified copy of transfer order and docket sheet received |
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Filing 29
ORDER that in accordance with #28 Memorandum Opinion, #20 MOTION to Dismiss MOTION to Transfer for Improper and Inconvenient Venue filed by MICK MOST, and BUSCH MACHINERY, INC. is granted, in part, and denied in part; said Motion is granted to the extent that this matter is transferred to the U.S. District Court for the District of Arizona, forthwith; the Clerk of Court shall send a certified copy of this Order to the U.S. District Court for the District of Arizona, forthwith; the Clerk of Court shall to mark this CASE CLOSED. Signed by Judge Nora Barry Fischer on 8/18/2023. (bdk) [Transferred from pawd on 8/23/2023.]
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Filing 28
MEMORANDUM OPINION granting, in part, and denying, in part #20 MOTION to Dismiss MOTION to Transfer for Improper and Inconvenient Venue filed by MICK MOST, BUSCH MACHINERY, INC.; Defendants' Motion is granted to the extent that this matter is transferred to the U.S. District Court for the District of Arizona, forthwith; an appropriate Order follows. Signed by Judge Nora Barry Fischer on 8/18/2023. (bdk) [Transferred from pawd on 8/23/2023.]
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| Filing 27 REPLY in Support of Defendants' Motion to Dismiss or Transfer Based on Improper or Inconvenient Venue filed by BUSCH MACHINERY, INC., MICK MOST. (Attachments: #1 Affidavit of Mick Most of Busch Machinery, Inc., #2 Affidavit of Michael C. Whitticar, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5) (Whitticar, Michael) [Transferred from pawd on 8/23/2023.] |
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Filing 26
ORDER granting #25 Consent MOTION for Extension of Time to File Response/Reply in Support of Their Updated and Re-Filed Motion to Dismiss or Transfer for Improper Venue and Inconvenient Forum filed by BUSCH MACHINERY, INC., the deadline for Defendants' Reply brief is extended from 7/6/2023 to 7/14/2023. Signed by Judge Nora Barry Fischer on 6/27/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) [Transferred from pawd on 8/23/2023.]
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| Filing 25 Consent MOTION for Extension of Time to File Response/Reply in Support of Their Updated and Re-Filed Motion to Dismiss or Transfer for Improper Venue and Inconvenient Forum by BUSCH MACHINERY, INC.. (Attachments: #1 Proposed Order Granting Motion for Extension of Time) (Whitticar, Michael) [Transferred from pawd on 8/23/2023.] |
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Filing 24
ORDER that upon consideration of #23 Brief in Opposition to Motion to Dismiss/Motion to Transfer Case filed by Plaintiff, Defendants shall file a Reply brief by 7/6/2023. Signed by Judge Nora Barry Fischer on 6/23/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (gmk) [Transferred from pawd on 8/23/2023.]
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| Filing 23 BRIEF in Opposition re #20 Motion to Dismiss,, Motion to Transfer Case, filed by CASTLE CO-PACKERS, LLC. (Attachments: #1 Affidavit) (Buck, Ashley) [Transferred from pawd on 8/23/2023.] |
| Filing 22 Errata re #20 Motion to Dismiss,, Motion to Transfer Case, by BUSCH MACHINERY, INC., MICK MOST. Reason for Correction: Adding Certificate of Good Faith and Proposed Order. (Attachments: #1 Proposed Order) (Sommer, Brad) [Transferred from pawd on 8/23/2023.] |
| Filing 21 Errata re 15 Disclosure Statement by BUSCH MACHINERY, INC., MICK MOST. Reason for Correction: Including Citizenship of Defendants. (Sommer, Brad) [Transferred from pawd on 8/23/2023.] |
| Filing 20 MOTION to Dismiss re #1 Complaint, or Motion to Transfer for Improper and Inconvenient Venue by BUSCH MACHINERY, INC., MICK MOST. (Attachments: #1 Declaration, #2 Declaration, #3 Exhibit A1, #4 Exhibit A2, #5 Exhibit A3, #6 Exhibit A4) (Sommer, Brad). Added MOTION to Transfer for Improper and Inconvenient Venue on 6/6/2023 and corrected document linkage. (kss) [Transferred from pawd on 8/23/2023.] |
| Filing 19 STATUS REPORT by BUSCH MACHINERY, INC., MICK MOST. (Sommer, Brad) [Transferred from pawd on 8/23/2023.] |
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Filing 18
ORDER granting #16 Motion for Michael C. Whitticar to Appear Pro Hac Vice on behalf of Defendants. Signed by Judge Nora Barry Fischer on 5/23/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk) [Transferred from pawd on 8/23/2023.]
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| Filing 17 Errata re #16 Motion to Appear Pro Hac Vice by BUSCH MACHINERY, INC., MICK MOST. Reason for Correction: Attaching Proposed Order. (Sommer, Brad) [Transferred from pawd on 8/23/2023.] |
| Filing 16 MOTION for attorney Michael C. Whitticar to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7701452) by BUSCH MACHINERY, INC., MICK MOST. (Attachments: #1 Affidavit) (Sommer, Brad) [Transferred from pawd on 8/23/2023.] |
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Filing 14
ORDER denying #13 MOTION to Dismiss filed by MICK MOST, BUSCH MACHINERY, INC. as premature, and without prejudice; and the parties shall meet and confer as the Court has directed and file a Status Report with the Court by May 23, 2023. As per the Court's Practices, "[e]mail communications are not sufficient." Signed by Judge Nora Barry Fischer on 5/9/2023. (lyk) [Transferred from pawd on 8/23/2023.]
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| Filing 13 MOTION to Dismiss by BUSCH MACHINERY, INC., MICK MOST. (Sommer, Brad) [Transferred from pawd on 8/23/2023.] |
| Filing 12 NOTICE of Appearance by Brad N. Sommer on behalf of BUSCH MACHINERY, INC., MICK MOST. (Sommer, Brad) [Transferred from pawd on 8/23/2023.] |
| Filing 11 Stipulation for Extension of Time to Answer by CASTLE CO-PACKERS, LLC Answer due from BUSCH MACHINERY, INC. on 5/8/2023; MICK MOST on 5/8/2023. (Roskovensky, Vincent) [Transferred from pawd on 8/23/2023.] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #9 Affidavit of Service. ERROR: Wrong event selected. CORRECTION: Re-docketed as Return of Service Returned Executed. This message is for informational purposes only. (jma) [Transferred from pawd on 8/23/2023.] |
| Filing 10 Return of Service Returned Executed by CASTLE CO-PACKERS, LLC. BUSCH MACHINERY, INC. served on 3/31/2023, answer due 4/21/2023; MICK MOST served on 3/31/2023, answer due 4/21/2023. (jma) [Transferred from pawd on 8/23/2023.] |
| Filing 9 AFFIDAVIT of Service , filed by CASTLE CO-PACKERS, LLC. (Buck, Ashley) [Transferred from pawd on 8/23/2023.] |
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Filing 8
ORDER RE: Rule 12(b) Motions. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 3/17/2023. (lyk) [Transferred from pawd on 8/23/2023.]
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Filing 7
ORDER RE: Motions Practice. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 3/17/2023. (lyk) [Transferred from pawd on 8/23/2023.]
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| Filing 6 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (lyk) [Transferred from pawd on 8/23/2023.] |
| Filing 5 Summons Issued as to BUSCH MACHINERY, INC., MICK MOST (jd) [Transferred from pawd on 8/23/2023.] |
| Filing 4 NOTICE of Appearance by Ashley L Buck on behalf of CASTLE CO-PACKERS, LLC. (Buck, Ashley) [Transferred from pawd on 8/23/2023.] |
| Filing 3 PRAECIPE to Issue Summons by CASTLE CO-PACKERS, LLC (Attachments: #1 Exhibit) (Roskovensky, Vincent) [Transferred from pawd on 8/23/2023.] |
| Filing 2 Disclosure Statement by CASTLE CO-PACKERS, LLC. (Roskovensky, Vincent) [Transferred from pawd on 8/23/2023.] |
| Filing 1 COMPLAINT against BUSCH MACHINERY, INC., MICK MOST (Filing fee, including Administrative fee, $402, receipt number APAWDC-7593375), filed by CASTLE CO-PACKERS, LLC. (Attachments: #1 Civil Cover Sheet) (jd) [Transferred from pawd on 8/23/2023.] |
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