Southwest Behavioral & Health Services Incorporated v. Ensoftek Incorporated et al
| Southwest Behavioral & Health Services, Inc. |
| Unknown Parties and EnSoftek Incorporated |
| 3:2019cv01528 |
| September 23, 2019 |
| US District Court for the District of Oregon |
| Michael W Mosman |
| Contract: Other Contract Actions |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 10, 2019. A more recent docket listing may be available from PACER.
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Filing 28
ORDER OF DISMISSAL: Based upon the Order of the Court #27 granting Plaintiffs Motion to Dismiss #25 , it is ordered and adjudged that this case is DISMISSED without prejudice. It is further ordered that any attorney fees accrued in this suit will be decided at the conclusion of Case No. 3:l9-cv-00615-MO, if appropriate. Signed on 10/10/2019 by Judge Michael W. Mosman. (kms)
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Filing 27
ORDER GRANTING UNOPPOSED MOTION TO DISMISS: Granting Motion to Dismiss #25 . IT IS ORDERED that Case No. 3:19-cv-01528-MO (formerly Case No. CV2019-006488 and Case No. 2: l 9-cv-03398-MHB) and all pending motions to the Arizona Suit shall be dismissed without prejudice. (See order for full text.) Signed on 10/7/19 by Judge Michael W. Mosman. (dls)
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| Filing 26 Unopposed Proposed Form of Order Submitted . Filed by Southwest Behavioral & Health Services, Inc.. (Thorp, Justin) |
| Filing 25 Unopposed Motion to Dismiss . Filed by Southwest Behavioral & Health Services, Inc.. (Thorp, Justin) |
| Filing 24 Notice of Appearance of Justin M. Thorp appearing on behalf of Southwest Behavioral & Health Services, Inc. Filed by on behalf of Southwest Behavioral & Health Services, Inc.. (Thorp, Justin) |
| Filing 23 Notice of Appearance of Simone McCormick appearing on behalf of EnSoftek Incorporated and David E. Artman Filed by on behalf of EnSoftek Incorporated. (McCormick, Simone) |
| Filing 22 Notice of Case Assignment: This case is assigned to Judge Michael W. Mosman. (eo) |
| Filing 21 Case transferred in from District of Arizona; Case Number 2:19-cv-03398. Electronic file received. |
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Filing 20
ORDER - Defendants' #10 Motion to Transfer Case to Oregon Pursuant to 28 U.S.C. 1404(a) is GRANTED. IT IS FURTHER ORDERED directing the Clerk of Court to take all necessary steps to ensure the prompt transfer of this action and all pending motions to the United States District Court for the District of Oregon. See document for complete details. Signed by Judge Diane J Humetewa on 9/16/19. (MSA) [Transferred from Arizona on 9/23/2019.]
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| Filing 19 REPLY to Response to Motion re: #9 First MOTION to Transfer Related Case CV19-03398-PHX-MHB filed by EnSoftek Incorporated. (Attachments: #1 Exhibit J, #2 Exhibit K)(Hembd, Brian) [Transferred from Arizona on 9/23/2019.] |
| Filing 18 REPLY to Response to Motion re: #8 First MOTION to Dismiss Counts/Claims : Counts Three through Eight of Plaintiff's Complaint filed by EnSoftek Incorporated. (Hembd, Brian) [Transferred from Arizona on 9/23/2019.] |
| Filing 17 RESPONSE in Opposition re: #10 MOTION to Change Venue/Transfer Case to Oregon filed by Southwest Behavioral & Health Services Incorporated. (Attachments: #1 Exhibit A to E)(Lopez, Louis) [Transferred from Arizona on 9/23/2019.] |
| Filing 16 RESPONSE in Opposition re: #8 First MOTION to Dismiss Counts/Claims : Counts Three through Eight of Plaintiff's Complaint filed by Southwest Behavioral & Health Services Incorporated. (Lopez, Louis) [Transferred from Arizona on 9/23/2019.] |
| Filing 15 PLAINTIFF'S DEMAND for Jury Trial by Southwest Behavioral & Health Services Incorporated. (Lopez, Louis) [Transferred from Arizona on 9/23/2019.] |
| Filing 14 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 Diane J. Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-19-3398-PHX-DJH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 9/23/2019.] |
| Filing 13 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) [Transferred from Arizona on 9/23/2019.] |
| Filing 11 Corporate Disclosure Statement by Southwest Behavioral & Health Services Incorporated. (Brailsford, Philip) [Transferred from Arizona on 9/23/2019.] |
| Filing 10 MOTION to Change Venue/Transfer Case to Oregon by EnSoftek Incorporated.(Re docketed #9 for case management purposes and to correct event) (Attachments: #1 Exhibit A-B to Motion to Transfer Case to Oregon, #2 Exhibit C to Motion to Transfer to Oregon, #3 Exhibit D to Motion to Transfer Case to Oregon, #4 Exhibit E-F to Transfer Case to Oregon, #5 Exhibit G to Transfer Case to Oregon, #6 Exhibit H-I to Motion to Transfer Case to Oregon)(GMP) [Transferred from Arizona on 9/23/2019.] |
| Filing 9 First MOTION to Transfer Related Case CV19-03398-PHX-MHB by EnSoftek Incorporated. (Attachments: #1 Exhibit Exhibits A-B to Motion to Transfer Case to Oregon, #2 Exhibit Exhibit C to Motion to Transfer Case to Oregon, #3 Exhibit Exhibit D to Motion to Transfer Case to Oregon, #4 Exhibit Exhibits E-F to Motion to Transfer Case to Oregon, #5 Exhibit Exhibit G to Motion to Transfer Case to Oregon, #6 Exhibit Exhibits H-I to Motion to Transfer Case to Oregon) (Associated Cases: CV19-03398-PHX-MHB) (Healy, Sean) [Transferred from Arizona on 9/23/2019.] |
| Filing 8 First MOTION to Dismiss Counts/Claims : Counts Three through Eight of Plaintiff's Complaint by EnSoftek Incorporated. (Healy, Sean) [Transferred from Arizona on 9/23/2019.] |
| Filing 7 NOTICE TO FILER OF DEFICIENCY re: #6 Corporate Disclosure Statement filed by EnSoftek Incorporated. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Sean Healy but submitted using the log-in and password belonging to attorney Brian Hembd. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) [Transferred from Arizona on 9/23/2019.] |
| Filing 6 Corporate Disclosure Statement by EnSoftek Incorporated. (Hembd, Brian) [Transferred from Arizona on 9/23/2019.] |
| Filing 5 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Southwest Behavioral & Health Services Incorporated. (KAH) [Transferred from Arizona on 9/23/2019.] |
| Filing 4 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to EnSoftek Incorporated. (KAH) [Transferred from Arizona on 9/23/2019.] |
| Filing 3 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. (KAH) [Transferred from Arizona on 9/23/2019.] |
| Filing 2 Filing fee paid, receipt number 0970-16947986. This case has been assigned to the Honorable Michelle H Burns. All future pleadings or documents should bear the correct case number: CV-19-03398-PHX-MHB. 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. (KAH) [Transferred from Arizona on 9/23/2019.] |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2019-006488. Filing fee received: $ 400.00, receipt number 0970-16947986 filed by EnSoftek Incorporated. (Hembd, Brian) (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Supplemental, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(KAH) [Transferred from Arizona on 9/23/2019.] |
| ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED: Certificate of Service re: Summons, Complaint, and Certificate on Compulsory Arbitration upon EnSoftek, Inc. on 4/24/19. (Original filed in Maricopa County Superior Court on 5/1/19.) (KAH) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. [Transferred from Arizona on 9/23/2019.] |
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