Robert Hirsch et al v. Stephen W Hargett et al
| Robert Hirsch and Cindy Hirsch |
| 678 Kirk LLC, Warren B Matthew and Jeannine Davis-Kimball Trust, John E Hargett, Christopher P Hargett and Stephen W Hargett |
| 2:2018cv08371 |
| September 27, 2018 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| Otis D Wright |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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Filing 34
ORDER DISMISSING PLAINTIFFS COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION #9 AND DENYING DEFENDANTS MOTION TO DISMISS AS MOOT #32 by Judge Otis D. Wright, II: Court DISMISSES Plaintiffs SAC (ECF No. 9) for lack of federal subject matter jurisdiction. Plaintiffs may file an amended complaint to remedy this deficiency within 30 days of this Order. Failure to do so will result in dismissal of this action. As a result, as Defendants Motion to Dismiss (ECF No. 32) is based on a complaint that is no longer operative, the Motion as moot. Plaintiffs are advised that a Federal Court Self-Service Clinic is locatedin the United States Courthouse in Phoenix, Arizona.Plaintiffs are encouraged to visit the clinic or otherwise consult with an attorney prior to filing a third amended complaint. (lc)
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| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: ATTACHMENT ONLY TO First NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Second Amended Complaint[32-2] by Defendants 678 Kirk LLC, Christopher P Hargett, John E Hargett, Stephen W Hargett, Warren B Matthew and Jeannine Davis-Kimball Trust. The following error(s) was/were found: Certificate of interested party was submitted as an attachment to the motion, instead of efiled under its own specific event. Notice: Certificate/Notice of interested party. Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 32 First NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Second Amended Complaint filed by Defendants 678 Kirk LLC, Christopher P Hargett, John E Hargett, Stephen W Hargett, Warren B Matthew and Jeannine Davis-Kimball Trust. Motion set for hearing on 12/3/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Certification and Notice of Interested Parties, #2 Declaration Declaration of Greg Jones, #3 Declaration Declaration of Christopher Hargett, #4 Proof of Service) (Jones, Greg) |
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Filing 31
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Otis D. Wright, II: granting #30 REQUEST to Withdraw as Attorney. Added attorney Brett Burke McMurdo for Christopher P Hargett,Brett Burke McMurdo for John E Hargett,Brett Burke McMurdo for Stephen W Hargett. Attorney Emma Jo Chalverus and Bradley D Weech terminated (yl)
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| Filing 30 First REQUEST of Bradley D. Weech and Emma Jo Chalverus to Withdraw as Attorney and Substitute in New Counsel of Record 678 Kirk LLC, Christopher P Hargett, John E Hargett, Stephen W Hargett, Warren B Matthew and Jeannine Davis-Kimball Trust. (Attachments: #1 Proposed Order Substitution and Withdrawal of Counsel) (Attorney Greg Willis Jones added to party 678 Kirk LLC(pty:dft), Attorney Greg Willis Jones added to party Christopher P Hargett(pty:dft), Attorney Greg Willis Jones added to party John E Hargett(pty:dft), Attorney Greg Willis Jones added to party Stephen W Hargett(pty:dft), Attorney Greg Willis Jones added to party Warren B Matthew and Jeannine Davis-Kimball Trust(pty:dft)) (Jones, Greg) |
| Filing 29 Notice of Withdrawal of Notice (Other), #28 , Miscellaneous Document #27 filed by Defendants 678 Kirk LLC, Christopher P Hargett, John E Hargett, Stephen W Hargett, Warren B Matthew and Jeannine Davis-Kimball Trust. (Jones, Greg) |
| Filing 28 NOTICE of Errata re Doc. No. 27 filed by Defendants 678 Kirk LLC, Christopher P Hargett, John E Hargett, Stephen W Hargett, Warren B Matthew and Jeannine Davis-Kimball Trust. to correct Request for Approval of Substitution or Withdrawal of Counsel filed under the wrong event code (McMurdo, Brett) |
| Filing 27 Request for Approval of Substitution filed by Defendants 678 Kirk LLC, Christopher P Hargett, John E Hargett, Stephen W Hargett, Warren B Matthew and Jeannine Davis-Kimball Trust with attached Order in pdf (McMurdo, Brett) |
| Filing 26 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Emma Jo Chalverus. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (et) |
| Filing 25 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Bradley D Weech. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (et) |
| Filing 21 ORIGINAL file, certified copy of transfer order and docket sheet received from Arizona |
| Filing 24 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 23 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alicia G. Rosenberg. (et) |
| Filing 22 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:18-cv-00631-JJT, from USDC District of Arizona (Phoenix Division). The above-referenced case has been transferred to this district and assigned the above civil case number 2:18-cv-08371-ODW (AGRx). (et) |
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Filing 20
ORDER: Defendants' Motion to Dismiss #14 is granted in part and denied in part. IT IS FURTHER ORDERED directing the Clerk of Court to transfer this action to the U.S. District Court for the Central District of California, as expeditiously as is practicable. Signed by Judge John J Tuchi on 9/27/2018. (REK) [Transferred from Arizona on 10/1/2018.]
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| Filing 19 REPLY to Response to Motion re: #14 MOTION to Dismiss for Lack of JurisdictionMOTION to Transfer Case filed by 678 Kirk LLC, Christopher P Hargett, John E Hargett, Stephen W Hargett, Warren B Matthew and Jeannine Davis-Kimball Trust. (Chalverus, Emma) [Transferred from Arizona on 10/1/2018.] |
| Filing 18 NOTICE OF PARTY'S CHANGE OF ADDRESS by Cindy Hirsch, Robert Hirsch: P.O. Box 45052, Phoenix, AZ 85064. (REK) [Transferred from Arizona on 10/1/2018.] |
| Filing 17 RESPONSE to Motion re: #14 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Transfer Case filed by Cindy Hirsch, Robert Hirsch. (REK) [Transferred from Arizona on 10/1/2018.] |
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Filing 15
ORDER: IT IS ORDERED that Plaintiffs shall each file with the Clerk of the Court and serve on opposing counsel a responsive memorandum to Defendants' Motion to Dismiss Case (Doc. #14 ) no later than 30 days from the date of this order. Plaintiffs must each file their own responsive memorandum or a single memorandum signed by both parties; one cannot respond for both. IT IS FURTHER ORDERED that Plaintiffs are to file their proof of service of the Summons and Second Amended Complaint pursuant to this Court's May 25, 2018 Order (Doc. #12 ). (See attached Order). Signed by Judge John J Tuchi on 8/7/18. (JAMA) [Transferred from Arizona on 10/1/2018.]
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| Filing 16 NOTICE TO FILER OF DEFICIENCY re: #14 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Transfer Case. 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. (DXD) [Transferred from Arizona on 10/1/2018.] |
| Filing 14 *MOTION to Dismiss for Lack of Jurisdiction, MOTION to Transfer Case by 678 Kirk LLC, Christopher P Hargett, John E Hargett, Stephen W Hargett. (Attachments: #1 Text of Proposed Order Proposed Order Dismissing Plaintiff's Second Amended Complaint for Improper Venue, Forum Non Conveniens and Lack of Personal Jurisdication, #2 Text of Proposed Order Proposed Order Transferring the Case)(Weech, Bradley) *Modified correct event/add motion part on 8/7/2018 (DXD). [Transferred from Arizona on 10/1/2018.] |
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Filing 13
ORDER: IT IS THEREFORE ORDERED permitting Plaintiff to serve the Second Amended Complaint on Defendants. IT IS FURTHER ORDERED that Plaintiff is responsible for service of the Second Amended Complaint and Summons on Defendants and must comply with the provisions of Federal Rule of Civil Procedure 4 in doing so. Signed by Judge John J Tuchi on 5/24/2018. (REK) [Transferred from Arizona on 10/1/2018.]
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Filing 12
AMENDED ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on August 24, 2018. (Amended to correct non-service dismissal date). Signed by Judge John J Tuchi on 5/24/18. (JAMA) [Transferred from Arizona on 10/1/2018.]
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Filing 11
*(AMENDED by Doc. #12 )*ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on November 23, 2018. (See attached Order). Signed by Judge John J Tuchi on 5/25/18. (JAMA) Modified on 5/25/2018 (JAMA). [Transferred from Arizona on 10/1/2018.]
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Filing 10
ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 5/25/18. (JAMA) [Transferred from Arizona on 10/1/2018.]
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| Summons Issued as to 678 Kirk LLC, Christopher P Hargett, John E Hargett, Stephen W Hargett to plaintiff at counter. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. [Transferred from Arizona on 10/1/2018.] |
| Filing 9 Second AMENDED COMPLAINT against 678 Kirk LLC, Christopher P Hargett, John E Hargett, Stephen W Hargett, Warren B Matthew and Jeannine Davis-Kimball Trust filed by Robert Hirsch, Cindy Hirsch. (REK) [Transferred from Arizona on 10/1/2018.] |
| Filing 8 AMENDED COMPLAINT against 678 Kirk LLC, Christopher P Hargett, John E Hargett, Stephen W Hargett, Warren B Matthew and Jeannine Davis-Kimball Trust filed by Robert Hirsch, Cindy Hirsch. (REK) [Transferred from Arizona on 10/1/2018.] |
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Filing 7
ORDER: Plaintiff's Application for Leave to Proceed in District Court without Prepaying Fees or Costs #2 is granted. Plaintiffs' Complaint #1 is dismissed. Plaintiff may file an Amended Complaint that complies with the Federal Rules of Civil Procedure no later than 21 days from the date of this order. If no Amended Complaint is timely filed, the Clerk shall dismiss this action without further Order of the Court. Signed by Judge John J Tuchi on 4/13/2018. (REK) [Transferred from Arizona on 10/1/2018.]
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| Filing 6 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Robert Hirsch. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (REK) [Transferred from Arizona on 10/1/2018.] |
| Filing 5 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (MSA) [Transferred from Arizona on 10/1/2018.] |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MSA) [Transferred from Arizona on 10/1/2018.] |
| Filing 3 This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-18-00631-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MSA) [Transferred from Arizona on 10/1/2018.] |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Cindy Hirsch, Robert Hirsch. (MSA) [Transferred from Arizona on 10/1/2018.] |
| Filing 1 COMPLAINT filed by Robert Hirsch, Cindy Hirsch.(MSA) (Additional attachment(s) added on 2/27/2018: #1 rescanned page 5 of 18) (MSA). Modified on 2/27/2018 (MSA). [Transferred from Arizona on 10/1/2018.] |
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