PHENIX INVESTIGATIONS, INC. v. PCS WIRELESS, LLC et al
| PHENIX INVESTIGATIONS, INC. |
| PINCHUS BENYAHUDA, SCHENCK PRICE SMITH & KING, LLP, PCS WIRELESS, LLC, MICHAEL MAROTTE, ARORA NASH, LLC and ARORA NASH CHARITY FOUNDATION |
| 1:2019cv04241 |
| October 16, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Jane Magnus-Stinson |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 6, 2019. A more recent docket listing may be available from PACER.
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| Filing 26 Letter acknowledging receipt of transfer received from the Clerk of the Johnson County Court. (Attachments: #1 Envelope) (JDH) |
| Filing 25 Transfer Letter to the Clerk of the Johnson County Court. Copies of case documents and docket enclosed. (JDH) |
Filing 24
CLOSED REMANDED / ORDER GRANTING JOINT MOTION TO REMAND TO STATE COURT - Plaintiff and Defendants, having filed their Joint Motion to Remand to State Court, and the Court having reviewed said Motion and being duly advised in the premises, now GRANTS said Motion #23 . IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this Action is remanded to state court, Johnson Superior Court 1, Johnson County, Indiana, Cause No. 41D01-1909-CC-001573, with each party bearing its own costs and expenses. A certified copy of this Order will be mailed by the Clerk to the Johnson County Clerk of the Courts, Courthouse, 5 East Jefferson Street, Franklin, IN 46131. Signed by Judge Jane Magnus-Stinson on 12/2/2019.(JDH)
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| Filing 23 Joint MOTION to Remand to State Court, filed by Defendants ARORA NASH CHARITY FOUNDATION, ARORA NASH, LLC, MICHAEL MAROTTE, PCS WIRELESS, LLC, SCHENCK PRICE SMITH & KING, LLP. (Attachments: #1 Text of Proposed Order)(Wiser, Justin) |
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Filing 22
ORDER granting Defendants' #19 Motion to Maintain Documents Number 1-1 and 7 Under Seal. Redacted public versions of these documents are already available on the docket at Filing No. 19-1 and Filing No. 19- 2. Signed by Magistrate Judge Tim A. Baker on 11/21/2019. (SWM) Modified on 11/21/2019 (SWM).
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| Filing 21 Submission of Proposed Order , re #19 MOTION to Maintain Document Under Seal #1 Notice of Removal , filed by Defendants ARORA NASH CHARITY FOUNDATION, ARORA NASH, LLC, MICHAEL MAROTTE, PCS WIRELESS, LLC, SCHENCK PRICE SMITH & KING, LLP. (Wiser, Justin) |
| Filing 20 BRIEF/MEMORANDUM in Support re #19 MOTION to Maintain Document Under Seal #1 Notice of Removal , filed by Defendants ARORA NASH CHARITY FOUNDATION, ARORA NASH, LLC, MICHAEL MAROTTE, PCS WIRELESS, LLC, SCHENCK PRICE SMITH & KING, LLP. (Wiser, Justin) |
| Filing 19 MOTION to Maintain Document Under Seal #1 Notice of Removal , filed by Defendants ARORA NASH CHARITY FOUNDATION, ARORA NASH, LLC, MICHAEL MAROTTE, PCS WIRELESS, LLC, SCHENCK PRICE SMITH & KING, LLP. (Attachments: #1 Exhibit A - Redacted Doc. No. 1-1 (Ex. A to Notice of Removal - State Court Pleadings), #2 Exhibit B - Redacted Doc. No. 7 (State Court Complaint))(Wiser, Justin) |
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Filing 18
ORDER: The Court has been advised by counsel that a settlement has been reached in this matter. Accordingly, any pending motions are denied, without prejudice, as moot, and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are vacated. Parties shall file a stipulation of dismissal within 28 days. Signed by Magistrate Judge Tim A. Baker on 11/14/2019. (SWM)
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| Filing 17 NOTICE to the Court, filed by Defendants ARORA NASH CHARITY FOUNDATION, ARORA NASH, LLC, MICHAEL MAROTTE, PCS WIRELESS, LLC, SCHENCK PRICE SMITH & KING, LLP (Wiser, Justin) |
| Filing 16 Unopposed MOTION for Extension of Time to 11/13/2019 in which to #11 Order File Amended Notice of Removal, filed by Defendants ARORA NASH CHARITY FOUNDATION, ARORA NASH, LLC, PCS WIRELESS, LLC, SCHENCK PRICE SMITH & KING, LLP. (Attachments: #1 Text of Proposed Order)(Wiser, Justin) |
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Filing 15
SCHEDULING ORDER: Initial Pretrial Conference set for 11/25/2019 11:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 10/30/2019.(SWM)
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| Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ARORA NASH CHARITY FOUNDATION, ARORA NASH, LLC, MICHAEL MAROTTE, PCS WIRELESS, LLC, SCHENCK PRICE SMITH & KING, LLP. (Attachments: #1 Affidavit Declaration of Michael Marotte, #2 Affidavit Declaration of PCS Wireless LLC, #3 Affidavit Declaration of Arora Nash LLC, #4 Affidavit Declaration of Nash Charity Foundation)(Wiser, Justin) |
| Filing 13 MOTION , MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ARORA NASH CHARITY FOUNDATION, ARORA NASH, LLC, MICHAEL MAROTTE, PCS WIRELESS, LLC, SCHENCK PRICE SMITH & KING, LLP. (Attachments: #1 Text of Proposed Order)(Wiser, Justin) |
| Filing 12 Submission of State Court Records from Johnson County Superior Court 41D01-1909-CC-001573. (Attachments: #1 Envelope)(AKH) Modified on 10/22/2019 (AKH). (Attachment 1 replaced on 10/22/2019) (AKH). |
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Filing 11
ORDER - The Court ORDERS Defendants to file an Amended Notice of Removal by November 8, 2019, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. The parties are advised that, to the extent the Amended Notice of Removal and the Local Rule 81-1 Statement reflect anything other than total agreement regarding any jurisdictional allegations, the Court will require the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement confirming that all parties are in agreement with the underlying jurisdictional allegations before the litigation moves forward. (See Order). Signed by Judge Jane Magnus-Stinson on 10/18/2019.(JDH)
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| Filing 10 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JDH) |
| Filing 9 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 8 NOTICE of Appearance by Nicholas C. Pappas on behalf of Defendants ARORA NASH CHARITY FOUNDATION, ARORA NASH, LLC, MICHAEL MAROTTE, PCS WIRELESS, LLC, SCHENCK PRICE SMITH & KING, LLP. (Pappas, Nicholas) |
| Filing 6 Corporate Disclosure Statement by SCHENCK PRICE SMITH & KING, LLP. (Wiser, Justin) |
| Filing 5 Corporate Disclosure Statement by ARORA NASH CHARITY FOUNDATION. (Wiser, Justin) |
| Filing 4 Corporate Disclosure Statement by ARORA NASH, LLC. (Wiser, Justin) |
| Filing 3 Corporate Disclosure Statement by PCS WIRELESS, LLC. (Wiser, Justin) |
| Filing 2 NOTICE of Appearance by Justin Michael Wiser on behalf of Defendants ARORA NASH CHARITY FOUNDATION, ARORA NASH, LLC, MICHAEL MAROTTE, PCS WIRELESS, LLC, SCHENCK PRICE SMITH & KING, LLP. (Wiser, Justin) |
| Filing 1 NOTICE OF REMOVAL from Johnson Superior Court 1, case number 41D01-1909-CC-001573, filed by ARORA NASH CHARITY FOUNDATION, ARORA NASH, LLC, PCS WIRELESS, LLC, SCHENCK PRICE SMITH & KING, LLP. (Filing fee $400, receipt number 0756-5679845) (Attachments: #1 State Court Record Complaint, Summonses, Appearance, Motion for Time, Order Granting Motion for Time, #2 Civil Cover Sheet)(Wiser, Justin) |
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