Wescott v. Crowe et al
| Carl A. Wescott and Carl Wescott |
| Robert Crowe, Colin Ross, Claire Davies, Jeff Rau, Mike Lyonette, Unknown Parties, Peter Tierney, Federico Gurdian, Michael Jimenez, Sandra Winfrey, Terencio Garcia, Susie Yee, Darrell Bushnell, Thomas P Madden, Amy Bushnell, Gustavo Varela, Taylor Collins, Norman Davies, Brad Malcolm, Kathy Fettke, Brian Putze, David Crowe and Bernadette Brown |
| 3:2020cv06456 |
| September 16, 2020 |
| US District Court for the Northern District of California |
| Oakland Office |
| James Donato |
| Donna M Ryu |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 6, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 68 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Jeff Rau, Colin Ross. (Attachments: #1 Proposed Order Proposed Order)(Romero, H) (Filed on 11/13/2020) |
| Filing 67 REPLY (re #57 MOTION to Dismiss ) filed byDavid Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Jeff Rau, Colin Ross. (Romero, H) (Filed on 11/10/2020) |
| Filing 66 REPLY (re #59 MOTION for Judgment on the Pleadings ) filed byJeff Rau. (Romero, H) (Filed on 11/9/2020) |
| Filing 65 RESPONSE (re #57 MOTION to Dismiss ) filed byCarl Wescott. (fabS, COURT STAFF) (Filed on 11/5/2020) |
| Filing 64 RESPONSE (re #59 MOTION for Judgment on the Pleadings ) filed byCarl Wescott. (Attachments: #1 letter, #2 Envelope)(fabS, COURT STAFF) (Filed on 11/3/2020) |
| Filing 63 MOTION for Leave to Proceed in forma pauperis filed by Carl Wescott. (Attachments: #1 Envelope)(fabS, COURT STAFF) (Filed on 11/3/2020) |
| Filing 62 NOTICE of Change of Address by Carl Wescott (fabS, COURT STAFF) (Filed on 10/30/2020) |
| Filing 61 STIPULATION WITH PROPOSED ORDER for Dismissal of Defendant Thomas P Madden filed by Thomas P Madden. (Romero, H) (Filed on 10/27/2020) |
| Filing 60 Request for Judicial Notice re #59 MOTION for Judgment on the Pleadings filed byJeff Rau. (Related document(s) #59 ) (Romero, H) (Filed on 10/22/2020) |
| Filing 59 MOTION for Judgment on the Pleadings filed by David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Jeff Rau. Motion Hearing set for 12/3/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 11/5/2020. Replies due by 11/12/2020. (Attachments: #1 Proposed Order)(Romero, H) (Filed on 10/22/2020) |
| Filing 58 Request for Judicial Notice re #57 MOTION to Dismiss filed byDavid Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Colin Ross. (Related document(s) #57 ) (Romero, H) (Filed on 10/22/2020) |
| Filing 57 MOTION to Dismiss filed by David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Colin Ross. Motion Hearing set for 12/3/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 11/5/2020. Replies due by 11/12/2020. (Attachments: #1 Proposed Order)(Romero, H) (Filed on 10/22/2020) |
| Filing 56 NOTICE of Change of Address by Carl A. Wescott (fabS, COURT STAFF) (Filed on 10/1/2020) |
| Filing 55 Certificate of Interested Entities by David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Jeff Rau, Colin Ross (Romero, H) (Filed on 9/25/2020) |
Filing 54
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 12/17/2020 10:00 AM. Case Management Statement due by 12/10/2020. Signed by Judge James Donato on 9/25/2020. (lrcS, COURT STAFF) (Filed on 9/25/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 53 NOTICE of Change In Counsel by H Troy Romero Withdrawal of Arizona Counsel, Wallin Hester PLC (Romero, H) (Filed on 9/24/2020) |
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Filing 52
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by the Clerk on 9/24/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 9/24/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 51 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (ig, COURT STAFF) (Filed on 9/24/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 50 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Jeff Rau, Colin Ross.. (Romero, H) (Filed on 9/23/2020) |
| Filing 49 CLERK'S NOTICE TO PLAINTIFF AND DEFENDANTS Re: Consent or Declination: Plaintiff and Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/6/2020. (ig, COURT STAFF) (Filed on 9/22/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 48 CLERK'S NOTICE Acknowledging Receipt of Case Transfer in from USDC Arizona, Case Number 2:20-cv-1383-PHX-SPL. (cjlS, COURT STAFF) (Filed on 9/16/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 47 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/9/2020. Initial Case Management Conference set for 12/16/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 9/16/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 46 Case transferred in from District of Arizona; Case Number 2:20-cv-01383. Case file, copy of transfer order and docket sheet received. Modified on 9/16/2020 (cjlS, COURT STAFF). |
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Filing 45
ORDER - IT IS ORDERED that pursuant to 28 U.S.C. 1406(a), the Clerk is directed to transfer this case to the United States District Court for the Northern District of California for all further proceedings. IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action in the District of Arizona. (See document for further details). Signed by Judge Steven P Logan on 9/14/2020. (LAD)
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Filing 44
ORDER granting #43 Stipulation for Dismissal: Defendant Peter Tierney is dismissed with prejudice. Each party shall bear its own costs and attorneys' fees. That the Clerk of Court shall terminate Defendant Peter Tierney as a party in this action. Signed by Judge Steven P. Logan on 9/11/2020. (LMR)
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| Filing 43 STIPULATION of Dismissal by Peter Tierney. (Attachments: #1 Text of Proposed Order Proposed Order)(Romero, H) |
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Filing 42
ORDER: The Stipulation for Dismissal #40 is granted. Defendants Sandra Winfrey and Brian Putze are dismissed with prejudice. Each party shall bear its own costs and attorneys' fees. The Clerk of Court shall terminate Defendants Sandra Winfrey and Brian Putze as parties in this action. Signed by Judge Steven P. Logan on 8/26/2020. (LMR)
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| Filing 41 OBJECTION re: #38 Notice (Other) by Defendants David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Jeff Rau, Colin Ross, Peter Tierney. (Romero, H) |
| Filing 40 STIPULATION of Dismissal by Brian Putze, Sandra Winfrey. (Zazueta, Fabian) |
| Remark: Pro hac vice motion(s) granted for H Troy Romero on behalf of Defendants David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Jeff Rau, Colin Ross, Peter Tierney. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 39 Mail Returned as Undeliverable. Mail sent to Carl A Wescott. Reason for return: not deliverable as addressed. Document number 20 . (SLQ) |
| Filing 38 NOTICE of Plaintiff's Compliance with Court Order of July 28, 2020 and Notice of Service of the Preliminary Order by Carl A Wescott. (SST) (4 pages) |
| Filing 37 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Carl A Wescott. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (SST) |
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Filing 36
ORDER: Defendants Sandra Winfrey and Brian Putze will be dismissed with prejudice on September 18, 2020 unless a stipulation to dismiss is filed prior to the dismissal date. Signed by Judge Steven P. Logan on 8/20/2020. (LMR)
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| Filing 35 NOTICE of Settlement by Brian Putze, Sandra Winfrey. (Zazueta, Fabian) |
| Filing 34 * DECLARATION of H. Troy Romero re: #12 Motion to Dismiss and #15 Motion for Judgment on the Pleadings. filed by David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Jeff Rau, Colin Ross, Peter Tierney. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Romero, H) * Modified to correct document linkage on 8/20/2020 (LAD). |
| Filing 33 REPLY to Response to Motion re: #15 MOTION for Judgment on the Pleadings filed by Jeff Rau. (Romero, H) |
| Filing 32 REPLY to Response to Motion re: #12 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Colin Ross, Peter Tierney. (Romero, H) |
| Filing 31 Mail Returned as Undeliverable. Mail sent to Carl A Wescott. Reason for return: Return to Sender: Not Deliverable as Addressed - Unable to Forward. Document number 13. (REK) |
| Filing 30 RESPONSE to Motion re: #15 MOTION for Judgment on the Pleadings filed by Carl A Wescott. (29 pages) (CLB) |
| Filing 29 REPLY to Response to Motion re: #12 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Brian Putze, Sandra Winfrey. (Zazueta, Fabian) |
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Filing 28
ORDER: Plaintiff's Application to Proceed In Forma Pauperis #24 is denied as moot. See order for details. Signed by Judge Steven P. Logan on 8/7/2020. (LMR)
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| Filing 27 Mail Returned as Undeliverable. Mail sent to Carl A. Wescott. Reason for return: Unable to Forward. Document number 22. (CLB) |
| Filing 26 Mail Returned as Undeliverable. Mail sent to Carl A. Wescott. Reason for return: Unable to Forward. Document number 21. (CLB) |
| Filing 25 NOTICE OF PARTY'S CHANGE OF ADDRESS by Carl A Wescott: Movenpick Apartments & Hotel #229-Bur Dubai, Opposite American Hospital-19th St.-Oud Metha, Dubai, UAE 32733. (LAD) (1 page) |
| Filing 24 APPLICATION for Leave to Proceed In Forma Pauperis by Carl A Wescott. (5 Pages) (REK) |
| Filing 23 RESPONSE to Motion re: #12 MOTION to Dismiss for Lack of Jurisdiction, RESPONSE to Motion re: #12 MOTION to Dismiss for Failure to State a Claim filed by Carl A Wescott. (20 Pages) (REK) |
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Filing 22
ORDER: Plaintiff shall have until August 12, 2020 to file a response to the Motion for Judgment on the Pleadings #15 . Defendant(s) shall file any reply within seven days from the date Plaintiff's response is filed. The Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Judge Steven P. Logan on 7/29/2020. (LMR)
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| Remark: Out of state attorney H Troy Romero removed 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) |
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Filing 21
PRELIMINARY ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. Unless the Court orders otherwise, on August 25, 2020, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See attached Order for complete details. Signed by Judge Steven P. Logan on 7/28/2020. (LMR)
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| Filing 20 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Steven P Logan. All further pleadings/papers should now list the following COMPLETE case number: CV-20-1383-PHX-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 19 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 18 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 15 MOTION for Judgment on the Pleadings by Jeff Rau. (Hester, Chad) |
| Filing 14 * Joinder in Motion to Dismiss by Brian Putze, Sandra Winfrey re: #12 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim . (Zazueta, Fabian) * Modified to correct event; attorney noticed on 7/22/2020 (LAD). |
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Filing 13
ORDER - Plaintiff shall have thirty (30) days from the date this order is docketed to file a response to the Motion to Dismiss at ECF No. #12 . See document for details. Signed by Magistrate Judge Camille D Bibles on 7/21/20. (EJA)
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| Filing 12 * MOTION to Dismiss for Lack of Jurisdiction by David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Colin Ross, Peter Tierney. (Hester, Chad). * Added MOTION to Dismiss for Failure to State a Claim; attorney noticed on 7/21/2020 (LAD). |
| Filing 11 NOTICE re: Consent to Removal by Defendant Rau by David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Jeff Rau, Colin Ross, Peter Tierney re: #1 Notice of Removal . (Hester, Chad) |
| Filing 10 NOTICE OF ATTORNEY SUBSTITUTION: Chad A. Hester appearing for David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Jeff Rau, Colin Ross, Peter Tierney. . (Hester, Chad) |
| Filing 9 Magistrate Election Form Deadline. (Attachments: #1 Consent Form)(MAP) |
| Filing 8 Joinder re: #1 Notice of Removal by Defendants Brian Putze, Sandra Winfrey. (Zazueta, Fabian) |
| Filing 7 NOTICE of Appearance by Fabian Zazueta on behalf of Brian Putze, Sandra Winfrey. (Zazueta, Fabian) |
| Filing 6 Additional Attachments to Main Document re: #1 Notice of Removal, 5 Notice of Deficiency (Text Only) by Defendants David Crowe, Michael Jimenez, Mike Lyonette, Thomas P Madden, Brad Malcolm, Colin Ross, Peter Tierney. (Hester, Chad) |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: [1-1] Civil Cover Sheet filed by Michael Jimenez, Thomas P Madden, Mike Lyonette, Brad Malcolm, Peter Tierney, Colin Ross, David Crowe. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Michael Jimenez, Thomas P Madden, Mike Lyonette, Brad Malcolm, Peter Tierney, Colin Ross, David Crowe. 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. (MYE) |
| Filing 3 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. (MYE) |
| Filing 2 Filing fee paid, receipt number 0970-18468095. This case has been assigned to the Honorable Camille D Bibles. All future pleadings or documents should bear the correct case number: CV-20-1383-PHX-CDB. 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. (MYE) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2020-006232. Filing fee received: $ 400.00, receipt number 0970-18468095 filed by Brad Malcolm, David Crowe, Michael Jimenez, Colin Ross, Mike Lyonette, Peter Tierney, Thomas P Madden. (Hester, Chad) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B)(MYE) |
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