Massey v. Curiel
| David Massey |
| Pablo Diaz Curiel and Pablo Diaz |
| 2:2022cv01902 |
| November 9, 2022 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Cristina D Silva |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on December 27, 2022. A more recent docket listing may be available from PACER.
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Filing 32
ORDER granting #31 Stipulation of dismissal with prejudice. Signed by Judge Cristina D. Silva on 12/27/2022.; Case terminated. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 31 STIPULATION FOR DISMISSAL by Plaintiff David Massey. (Bassirian, Zagros) (dismissal) |
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Filing 30
ORDER Granting #28 Stipulation to Withdraw Hearing Without Prejudice and Stay Action. Status Conference set for 2/23/2023 at 10:00 AM in LV Courtroom 6B before Judge Cristina D. Silva. The hearing will be vacated upon the filing of settlement documents before that date. See Order for further details. Signed by Judge Cristina D. Silva on 12/20/2022. (Copies have been distributed pursuant to the NEF - KF) Modified on 12/21/2022 (JLB).
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| Filing 29 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 12/20/2022. The parties recently filed a notice of settlement and joint stipulation, which I promptly granted. ECF Nos. 25 , 26 . In my order granting the stipulation, I vacated the hearing that was scheduled for tomorrow, Wednesday, December 21, 2022. ECF No. 26 . I also set a status hearing for February 23, 2023, at 10:00 a.m. regarding final settlement documents. Id. After I issued that order, the Clerk's Office notified the parties that their stipulation had been incorrectly filed in the docketing system. ECF No. 27 . The parties then refiled their stipulation in compliance with the Clerk's Notice. ECF No. #28 . IT IS HEREBY ORDERED that the parties' initial filing of their joint stipulation (ECF No. 25) and my order granting it (ECF No. 26) are STRICKEN from the record. A new order granting the correctly filed joint stipulation [ECF No. 28] and re-setting the same status hearing for February 23, 2023, will be issued shortly. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 28 Joint STIPULATION to Withdraw Hearing Without Prejudice and Stay Action re 26 Order,, Terminate Deadlines/Hearings,, Terminate Motions, 25 Notice (Other) by Plaintiff David Massey. (Bassirian, Zagros) (other) (presiding) |
| Filing 27 CLERK'S NOTICE. Attorney Action Required to ECF No. 25 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. As specific relief is requested, a Motion or Stipulation must be filed, rather than a notice or in addition to a Notice. Counsel is advised to refile ECF No. 25 using the appropriate docket entry of Motion or Stipulation. (no image attached) (DRS) |
| Filing 24 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 12/19/2022. Defendant Pablo Diaz Curiel moves to consolidate the upcoming hearing on plaintiff David Massey's pending motion for preliminary injunction with a trial on the merits under Federal Rule of Civil Procedure 65(a)(2). ECF No. #14 . Massey opposes the motion. ECF No. #21 . Under Rule 65(a)(2), I have discretion to advance the trial on the merits and consolidate it with the hearing, but I am not required to do so. At this juncture, I decline to advance the trial on the merits, so Diaz's motion to consolidate (ECF No. #14 ) is DENIED. Wednesday's hearing will be on Massey's motion for a preliminary injunction only. ECF No. #8 .(Copies have been distributed pursuant to the NEF - AT) Modified on 12/27/2022 (JLB). |
| Filing 23 REPLY to Response to #14 Motion by Defendant Pablo Diaz Curiel. (Markle, Charles) |
| Filing 22 REPLY to #20 Response to #8 Motion for TRO by Plaintiff David Massey. (Attachments: #1 Exhibit Exhibit A - Decl of D. Massey, #2 Exhibit Exhibit B - Decl of M. LeBrun, #3 Exhibit Exhibit C - Decl of Z. Bassirian, #4 Exhibit Exhibit D - Objections to Evidence)(Bassirian, Zagros) Modified to link to underlying motion on 12/15/2022 (DRS). |
| Filing 21 RESPONSE to #14 Motion by Plaintiff David Massey. Replies due by 12/16/2022. (Bassirian, Zagros) |
| Filing 20 RESPONSE to #8 Motion for TRO, by Defendant Pablo Diaz Curiel. Replies due by 12/14/2022. (Attachments: #1 Exhibit 1 - Markle Declaration, #2 Exhibit 2 - Diaz Declaration, #3 Exhibit 3 - Chaffino Declaration)(Markle, Charles) |
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Filing 19
ORDER Granting #16 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Louis D. Lopez for Pablo Diaz Curiel and approving Designation of Local Counsel John D. Tennert, III. Signed by Judge Cristina D. Silva on 11/30/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - TRW)
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Filing 18
ORDER Granting #17 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Charles E. Markle for Pablo Diaz Curiel and approving Designation of Local Counsel John D. Tennert III. Signed by Judge Cristina D. Silva on 11/30/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - TRW)
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| Filing 17 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Charles E Markle and DESIGNATION of Local Counsel John D. Tennert, III (Filing fee $ 250 receipt number ANVDC-7131848) by Defendant Pablo Diaz Curiel. (Tennert, John) |
| Filing 16 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Louis D. Lopez and DESIGNATION of Local Counsel John D. Tennert, III (Filing fee $ 250 receipt number ANVDC-7131804) by Defendant Pablo Diaz Curiel. (Tennert, John) |
| Filing 15 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 11/30/2022. After I found that plaintiff David Massey did not make a sufficient showing that ex parte injunctive relief was appropriate, I converted his motion for a temporary restraining order to one for a preliminary injunction. ECF No. 12 . I also set a hearing on the preliminary injunction motion for Wednesday, December 21, at 11:00 AM. Defendant Pablo Diaz now moves under Federal Rules of Civil Procedure 7(b) and 65(a)(2) to consolidate that hearing with a trial on the merits. ECF No. #14 . Massey's response to that motion was scheduled to be due on December 13, 2022. To expedite my decision about the consolidation motion in light of the approaching hearing date, IT IS THEREFORE ORDERED that Massey must file a response to the consolidation motion on or before Friday, December 9, 2022. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 14 MOTION to Consolidate the Preliminary Injunction Hearing with the Trial on the Merits by Defendant Pablo Diaz Curiel. Responses due by 12/13/2022. (Beavers, Wade) (misc) (injunctive) |
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Filing 13
ORDER Granting 7 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Zagros S. Bassirian for David Massey and approving Designation of Local Counsel for Jeffery A. Garofalo. Signed by Judge Cristina D. Silva on 11/28/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - TRW)
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| Filing 12 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 11/28/2022. Plaintiff David Massey seeks a temporary restraining order to enjoin defendant Pablo Diaz from selling one million shares of stock in Massey's company, Solar Integrated Roofing Corp. (SIRC). ECF No. [8-1]. Upon reviewing Massey's TRO motion, I find that he has not made a sufficient showing that ex parte relief is warranted. Massey does not provide a copy of the TRO from the San Diego action, which seemingly granted similar relief to that which Massey seeks here. IT IS THEREFORE ORDERED that Massey must file on the docket a true and correct copy of the TRO from the San Diego action by Friday, December 16, 2022. Massey is kindly reminded that all filings must comply with the local rules of this district, including that "all documents must be in a searchable Portable Document Format (PDF)" when possible. LR IC 2-2. IT IS FURTHER ORDERED that the TRO motion is converted to a motion for a preliminary injunction, and Diaz is reminded that his response to that motion is due on the originally scheduled date of December 7, 2022. But Diaz should respond to it as a preliminary-injunction motion, not a motion for a TRO. A hearing on the motion will be held on Wednesday, December 21, at 11:00 AM in LV Courtroom 6B. Both parties should be prepared to address at the hearing the merits of the pending motion for injunctive relief, the contents of the stock purchase agreement and the TRO from the San Diego action, how the California litigation affects this case, and the nature and facts of the underlying dispute. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) Modified on 11/28/2022 (JLB). |
| Filing 11 NOTICE of Corrected Image/Document re 7 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Zagros S. Bassirian, by Plaintiff David Massey. (Service of corrected image is attached.). (Garofalo, Jeffery) |
| Filing 10 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 11/28/2022. In the Verified Petition for Permission to Practice by Zagros S. Bassirian (ECF No. 7 ), there appears to be a typo as to the attorney appointed as Designated Resident Nevada Counsel and as to the designee's bar number. Counsel is advised to correct the errors then file the amended version under the event titled "Notice of Corrected Image/Document" by linking it to the originally filed petition. Failure to comply by December 9, 2022, will result in denial of the petition. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 9 CERTIFICATE of Interested Parties by David Massey. There are no known interested parties other than those participating in the case (Garofalo, Jeffery) |
| Filing 8 MOTION for Temporary Restraining Order by Plaintiff David Massey. Responses due by 12/7/2022. (Attachments: #1 Memorandum of Points and Authorities, #2 Index of Exhibits, #3 Exhibit A - Decl of J. Garofalo and Exhs 1-3, #4 Exhibit B - Decl of D. Massey and Exh 1, #5 Exhibit C - Decl of Z. Bassirian and Exhs 1-4, #6 Exhibit D - Proposed Order, #7 Exhibit E - Req for Judicial Notice)(Garofalo, Jeffery) |
| Filing 6 STATEMENT REGARDING REMOVAL by Defendant Pablo Diaz Curiel.. (Beavers, Wade) |
| Filing 5 ANSWER re #1 Petition for Removal,, filed by Pablo Diaz Curiel. Discovery Plan/Scheduling Order due by 12/31/2022.(Beavers, Wade) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 4 CERTIFICATE of Interested Parties by Pablo Diaz Curiel. There are no known interested parties other than those participating in the case. (Beavers, Wade) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 11/10/2022. By Deputy Clerk: T. Roush-Wallace. Statement regarding removed action is due by 11/25/2022. Joint Status Report regarding removed action is due by 12/10/2022. (Copies have been distributed pursuant to the NEF - TRW) |
| Filing 2 STANDING ORDER. This case has been assigned to the Honorable Judge Cristina D. Silva. Judge Silva's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - TRW) |
| Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Daniel J. Albregts. (TRW) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court of the State of Nevada, Case Number A-22-860754-B, (Filing fee $ 402 receipt number ANVDC-7111944) by Pablo Diaz Curiel. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - State Court Record) (Beavers, Wade) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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