Docket Entries Since Last Update
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Court Dockets
U.S. District Court
DISTRICT OF ARIZONA (Phoenix Division)
CIVIL DOCKET FOR CASE #: 2:16-cv-04499-DLR
DISTRICT OF ARIZONA (Phoenix Division)
CIVIL DOCKET FOR CASE #: 2:16-cv-04499-DLR
Secretary of Labor, United States Department of Labor v. Arizona Logistics Incorporated et al
DOCKET INFORMATION
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| Plaintiff |
Secretary of Labor, United States Department of Labor
Plaintiff
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| Representation | |||
| Boris Orlov US Dept of Labor - Office of Solicitor 350 S Figueroa St., Ste. 370 Los Angeles, CA 90071 (213) 894-5410 Fax: (213) 894-2064 orlov.boris@dol.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Grace A Kim US Department of Labor - Office of the Solicitor 350 S Figueroa St., Ste. 370 Los Angeles, CA 90071 (213) 894-3950 Fax: (213) 894-2064 kim.grace@dol.gov TERMINATED: 12/16/2019 LEAD ATTORNEY | Martin D Cristopher Santos US Dept of Labor - Office of the Solicitor 350 S Figueroa St., Ste. 370 Los Angeles, CA 90071 (213) 894-0201 Fax: (213) 894-2064 santos.martin.c@dol.gov TERMINATED: 12/16/2019 LEAD ATTORNEY | |
| Eduard Meleshinsky US Dept of Labor 90 7th St., Ste. 3-700 San Francisco, CA 94103 (415) 625-7744 Fax: (415) 625-7772 meleshinsky.eduard.r@dol.gov ATTORNEY TO BE NOTICED | Hailey Rose McAllister US Dept of Labor - Office of the Solicitor 90 7th St., Ste. 3-700 San Francisco, CA 94103 (415) 625-2702 Fax: (415) 625-7772 mcallister.hailey@dol.gov ATTORNEY TO BE NOTICED | Paige Bree Pulley US Dept of Labor - Office of the Solicitor 90 7th St., Ste. 3-700 San Francisco, CA 94103 (415) 625-2707 Fax: (415) 625-7772 pulley.paige.b@dol.gov ATTORNEY TO BE NOTICED | |
| Defendant |
Arizona Logistics Incorporated doing business as: Diligent Delivery Systemsan Arizona corporation Defendant
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| Representation | |||
| David Christian Clukey Lewis Brisbois Bisgaard & Smith LLP - Phoenix, AZ 2929 N Central Ave., Ste. 1700 Phoenix, AZ 85012 (602) 385-7879 Fax: (602) 385-1051 david.clukey@lewisbrisbois.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Elizabeth Diane Winiarski Benesch Friedlander Coplan & Aronoff LLP - Chicago, IL 333 W Wacker Dr., Ste. 1900 Chicago, IL 60606-2211 (312) 212-4949 Fax: (312) 767-9192 docket@beneschlaw.com TERMINATED: 09/04/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED | Heather Fox Vickles Sherman & Howard LLC 633 17th St., Ste. 3000 Denver, CO 80202 (303) 299-8194 Fax: (303) 298-0940 hvickles@shermanhoward.com TERMINATED: 07/17/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED | |
| John Alan Doran Sherman & Howard LLC - Scottsdale, AZ 7033 E Greenway Pkwy., Ste. 250 Scottsdale, AZ 85254 (480) 624-2710 Fax: (480) 624-2029 jdoran@shermanhoward.com TERMINATED: 07/17/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED | Julie E Maurer Lewis Brisbois Bisgaard & Smith LLP - Phoenix, AZ 2929 N Central Ave., Ste. 1700 Phoenix, AZ 85012 (602) 385-1040 Fax: (602) 385-1051 Julie.Maurer@LewisBrisbois.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Matthew McKinley Morrison Sherman & Howard LLC - Denver, CO 633 California St., Ste. 3000 Denver, CO 80202 (303) 299-8431 Fax: (303) 297-2900 mmorrison@shermanhoward.com TERMINATED: 07/17/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED | |
| Peter Nicholas Kirsanow Benesch Friedlander Coplan & Aronoff LLP 200 Public Sq., Ste. 2300 Cleveland, OH 44114 (216) 363-4500 Fax: (216) 363-4588 pkirsanow@beneschlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Richard Eric Hepp Benesch Friedlander Coplan & Aronoff LLP 200 Public Sq., Ste. 2300 Cleveland, OH 44114 (216) 363-4500 Fax: (216) 363-4588 rhepp@beneschlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Lindsay Hwa Schroeder Hesketh Sherman & Howard LLC - Scottsdale, AZ 7033 E Greenway Pkwy., Ste. 250 Scottsdale, AZ 85254 (480) 624-2710 Fax: (480) 624-2029 lhesketh@shermanhoward.com TERMINATED: 07/17/2019 ATTORNEY TO BE NOTICED | |
| Defendant |
Parts Authority Arizona LLC an Arizona limited liability companyDefendant
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| Representation | |||
| Sharon P Stiller Abrams Fensterman Fensterman Eisman 160 Linden Oaks, Ste. E Rochester, NY 14625 (585) 218-9999 Fax: (585) 218-0562 sstiller@abramslaw.com Formato Ferrera & Wolf LLP LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Michelle Ray Matheson Matheson & Matheson PLC 15300 N 90th St., Ste. 550 Scottsdale, AZ 85260 (480) 889-8951 Fax: (480) 339-4538 mmatheson@mathesonlegal.com ATTORNEY TO BE NOTICED | ||
| Defendant |
Larry Browne
Defendant
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| Representation | |||
| Christopher Michael Mason Jennings Strouss & Salmon PLC - Phoenix - Washington St 1 E Washington St., Ste. 1900 Phoenix, AZ 85004-2554 (602) 262-5817 Fax: (602) 495-2627 cmason@jsslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | John James Egbert Jennings Strouss & Salmon PLC - Phoenix - Washington St 1 E Washington St., Ste. 1900 Phoenix, AZ 85004-2554 (602) 262-5911 Fax: (602) 495-2615 johnegbert@jsslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Kevin H George Kevin H George & Associates PC Houston, TX 77002 (713) 655-9034 Fax: (713) 655-9035 kmas7656@gmail.com 440 Louisiana, Ste. 1225 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | |
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Dec 21, 2016 | View | COMPLAINT filed by Thomas E Perez (submitted by Kim Grace). (Attachments: # 1 Civil Cover Sheet)(DXD) (Entered: 12/21/2016) |
| 2 | Dec 21, 2016 | Request | SUMMONS Submitted by Thomas E Perez (submitted by Kim Grace). (Attachments: # 1 Summons)(DXD) (Entered: 12/21/2016) |
| 3 | Dec 21, 2016 | Request | This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-16-04499-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DXD) (Entered: 12/21/2016) |
| 4 | Dec 21, 2016 | Request | Summons Issued as to Arizona Logistics Incorporated, Parts Authority Arizona LLC. (Attachments: # 1 Summons)(DXD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/21/2016) |
| 5 | Dec 28, 2016 | Request | ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are 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. See attached Order for complete details. Signed by Judge Douglas L Rayes on 12/27/2016. (TCA) (Entered: 12/28/2016) |
| 6 | Jan 3, 2017 | Request | NOTICE re: of Service by Thomas E Perez re: 5 Order re Rule 12(b) Motions . (Kim, Grace) (Entered: 01/03/2017) |
| 7 | Jan 17, 2017 | Request | NOTICE of Appearance by John Alan Doran on behalf of Arizona Logistics Incorporated. (Doran, John) (Entered: 01/17/2017) |
| 8 | Jan 17, 2017 | Request | MOTION for Admission Pro Hac Vice as to attorney Heather Fox Vickles by Arizona Logistics Incorporated. (Attachments: # 1 Exhibit Certificate of Good Standing for Heather Fox Vickles)(Vickles, Heather) (Entered: 01/17/2017) |
| 9 | Jan 17, 2017 | Request | MOTION for Admission Pro Hac Vice as to attorney Matthew M. Morrison by Arizona Logistics Incorporated. (Attachments: # 1 Exhibit Certificate of Good Standing)(Morrison, Matthew) (Entered: 01/17/2017) |
| Jan 18, 2017 | PRO HAC VICE FEE PAID. $ 35, receipt number PHX180941 as to Heather Fox Vickles. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 01/18/2017) | ||
| Jan 18, 2017 | PRO HAC VICE FEE PAID. $ 35, receipt number PHX180940 as to Matthew McKinley Morrison. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 01/18/2017) | ||
| 10 | Jan 18, 2017 | Request | ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice; granting 9 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/18/2017) |
| 11 | Jan 23, 2017 | Request | SERVICE EXECUTED filed by Thomas E Perez: Rule 4 Waiver of Service of Summons. Waiver sent on 01/03/2017 to Arizona Logistics, Inc. . (Kim, Grace) (Entered: 01/23/2017) |
| 12 | Jan 30, 2017 | Request | NOTICE re: of Related Case by Thomas E Perez . (Kim, Grace) (Entered: 01/30/2017) |
| 13 | Feb 8, 2017 | Request | SERVICE EXECUTED filed by Edward C Hugler: Affidavit of Service re: Summons, Complaint, Civil Cover Sheet, Notice of Avail. of Mag. Judge upon Parts Authority Arizona, LLC on 02/07/2017. (Kim, Grace) (Entered: 02/08/2017) |
| 14 | Feb 15, 2017 | Request | STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Parts Authority Arizona LLC. (Attachments: # 1 Text of Proposed Order)(Matheson, Michelle) (Entered: 02/15/2017) |
| 15 | Feb 21, 2017 | Request | ORDER pursuant to 14 Stipulation for Extension of Time for Defendant Parts Authority to Respond: Parts Authority Arizona LLC answer due 3/6/2017. Signed by Judge Douglas L Rayes on 2/17/2017. (MMO) (Entered: 02/21/2017) |
| 16 | Mar 6, 2017 | Request | ANSWER to 1 Complaint with Jury Demand by Arizona Logistics Incorporated.(Morrison, Matthew) (Entered: 03/06/2017) |
| 17 | Mar 6, 2017 | Request | Corporate Disclosure Statement by Arizona Logistics Incorporated. (Morrison, Matthew) (Entered: 03/06/2017) |
| 18 | Mar 6, 2017 | Request | ANSWER to 1 Complaint with Jury Demand by Parts Authority Arizona LLC.(Matheson, Michelle) (Entered: 03/06/2017) |
| 19 | Mar 6, 2017 | Request | Corporate Disclosure Statement by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 03/06/2017) |
| 20 | Mar 10, 2017 | Request | ORDER : Rule 16 Scheduling Conference set for 5/11/2017 at 09:30 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. The parties are directed to meet and confer at least 14 calendar days before the Scheduling Conference as required by Federal Rule of Civil Procedure 26(f). (See Order for details.) Signed by Judge Douglas L Rayes on 3/10/2017. (MMO) (Entered: 03/10/2017) |
| 21 | Mar 22, 2017 | Request | NOTICE of Appearance by Boris Orlov on behalf of Edward C Hugler. (Orlov, Boris) (Entered: 03/22/2017) |
| 22 | Apr 14, 2017 | Request | *NOTICE of Service of Discovery by Edward C Hugler , Plaintiff Secretary of Labor. (Kim, Grace) *Modified to correct event on 4/14/2017 (DXD). (Entered: 04/14/2017) |
| 23 | Apr 20, 2017 | Request | NOTICE of Service of Discovery filed by Arizona Logistics Incorporated. (Morrison, Matthew) *Modified filers on 9/17/2018 (DXD). (Entered: 04/20/2017) |
| 24 | Apr 20, 2017 | Request | NOTICE of Service of Discovery filed by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 04/20/2017) |
| 25 | Apr 20, 2017 | Request | NOTICE of Errata by Defendant Parts Authority Arizona LLC. (Attachments: # 1 Errata Corrected Notice)(Matheson, Michelle) (Entered: 04/20/2017) |
| 26 | May 2, 2017 | Request | IT IS ORDERED the Rule 16 Scheduling Conference presently set for 5/11/2017 at 9:30 AM is RESET AS TO TIME ONLY!! Rule 16 Scheduling Conference reset for 5/11/2017 at 04:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Ordered by Judge Douglas L Rayes. (MMO)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 05/02/2017) |
| 27 | May 4, 2017 | Request | REPORT of Rule 26(f) Planning Meeting by Edward C Hugler. (Kim, Grace) (Entered: 05/04/2017) |
| 28 | May 11, 2017 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Rule 16 Scheduling Conference held on 5/11/2017. Deadlines discussed. Order to issue. APPEARANCES: Grace Kim and Boris Orlov for Plaintiff. John Doran and Lindsey Hesketh for Defendant Arizona Logistics Incorporated. Michelle Matheson for Defendant Parts Authority Arizona LLC. (Court Reporter Linda Schroeder.) Hearing held 4:18 PM to 4:33 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 05/11/2017) |
| 29 | May 12, 2017 | Request | *AMENDED by Doc. 76 * SCHEDULING ORDER: Discovery due by 4/27/2018. Dispositive motions due by 5/21/2018. Telephonic Interim Scheduling Conference set for 2/15/2018 at 01:30 PM before Judge Douglas L Rayes. Telephonic Trial Scheduling Conference set for 6/27/2018 at 10:00 AM before Judge Douglas L Rayes. (See Order for details.) Signed by Judge Douglas L Rayes on 5/12/2017. (MMO) Modified on 6/13/2018 (MAW). (Entered: 05/12/2017) |
| 30 | Jun 26, 2017 | Request | NOTICE of Service of Discovery filed by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 06/26/2017) |
| 31 | Jul 5, 2017 | Request | NOTICE of Appearance by Lindsay Hwa Schroeder Hesketh on behalf of Arizona Logistics Incorporated. (Hesketh, Lindsay) (Entered: 07/05/2017) |
| 32 | Aug 30, 2017 | Request | NOTICE of Service of Discovery filed by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 08/30/2017) |
| 33 | Sep 29, 2017 | Request | NOTICE of Service of Discovery filed by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 09/29/2017) |
| 34 | Dec 11, 2017 | Request | NOTICE of Appearance by Martin D Cristopher Santos on behalf of Edward C Hugler, Thomas E Perez. (Santos, Martin) (Entered: 12/11/2017) |
| 35 | Dec 11, 2017 | Request | NOTICE of Service of Discovery filed by Edward C Hugler. (Santos, Martin) *Modified filers on 2/8/2018 (DXD). (Entered: 12/11/2017) |
| 36 | Dec 15, 2017 | Request | TRANSCRIPT REQUEST by Arizona Logistics Incorporated for proceedings held on 5/11/2017, Judge Douglas L Rayes hearing judge(s). (Morrison, Matthew) (Entered: 12/15/2017) |
| 37 | Dec 15, 2017 | Request | NOTICE TO FILER OF DEFICIENCY re: AO435 36 Transcript Request filed by Arizona Logistics Incorporated. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent, Item 19 - Signature is missing, Item 20 - Signature date is missing. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery, with a signature in Item 19 and in proper electronic signature format - s/typewritten name of e-filer, and with a date in Item 20. 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. (RAP) (Entered: 12/15/2017) |
| 38 | Dec 15, 2017 | Request | AMENDED TRANSCRIPT REQUEST pursuant to 37 Notice of Deficiency by Arizona Logistics Incorporated for proceedings held on 5/11/2017, Judge Douglas L Rayes hearing judge(s). (Morrison, Matthew) (Entered: 12/15/2017) |
| 39 | Dec 19, 2017 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of RULE 16 SCHEDULING CONFERENCE proceedings held on 05/11/2017, before Judge Douglas L. Rayes. (Court Reporter: Linda Schroeder). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/9/2018. Redacted Transcript Deadline set for 1/19/2018. Release of Transcript Restriction set for 3/19/2018. (RAP) (Entered: 12/21/2017) |
| 40 | Dec 21, 2017 | Request | MINUTE ORDER: Telephonic Discovery Hearing set for 1/4/2018 at 01:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Counsel for defendant is responsible for making the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. The parties shall file a 1-2 page joint statement to the Court re: discovery issues by no later than 1/3/18 at 5:00 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 12/21/2017) |
| 41 | Jan 3, 2018 | Request | STATEMENT of Discovery Issues for Telephonic Hearing on January 4, 2018 re: 40 Set/Reset Hearings by Defendants Arizona Logistics Incorporated, Parts Authority Arizona LLC. (Attachments: # 1 Exhibit A - SOL's Response to AZ Logistics First Set of Interrogaties and Request for Production of Documents, # 2 Exhibit B - Reporter's Transcript of Rule 16 Scheduling Conference, # 3 Exhibit C - Order re CV-16-02737-PHX-ROS)(Morrison, Matthew) (Entered: 01/03/2018) |
| 42 | Jan 4, 2018 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 1/4/2018. After hearing from the parties, the Court denies without prejudice Defendants' request for disclosure of the names of the individuals Plaintiff intends to call as witnesses at trial. The Court will allow the disclosure of the names to take place 75 days before trial. However, in response to Defendants' interrogatories and requests for production, plaintiff will need to disclose to the defense specific information about the times and locations, and the specific claims that are being made, and what the testimony will be about the facts being relied upon to establish that there was an employer/employee relationship. APPEARANCES: Telephonic appearance by Christopher Santos and Boris Orlov for Plaintiff. Telephonic appearance by Matthew Morrison for Defendant Arizona Logistics Incorporated. Telephonic appearance by Michelle Matheson for Defendant Parts Authority Arizona LLC. (Court Reporter Jennifer Pancratz.) Hearing held 1:30 PM to 2:05 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 01/04/2018) |
| 43 | Jan 22, 2018 | Request | STIPULATION FOR ASSIGNMENT TO U.S. MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 01/22/2018) |
| 44 | Jan 22, 2018 | Request | ORDER pursuant to 43 Stipulation: This matter is referred to United States Magistrate Judge Bridget S. Bade for a settlement conference. Signed by Judge Douglas L Rayes on 1/22/2018. (MMO) (Entered: 01/22/2018) |
| 45 | Jan 23, 2018 | Request | NOTICE of Service of Discovery filed by Edward C Hugler. (Orlov, Boris) (Entered: 01/23/2018) |
| 46 | Jan 31, 2018 | Request | MINUTE ORDER: Telephonic Interim Scheduling Conference set for 2/15/2018 at 1:30 PM is RESET IN TIME ONLY. Telephonic Interim Scheduling Conference reset for 2/15/2018 at 04:45 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 01/31/2018) |
| 47 | Feb 1, 2018 | Request | SETTLEMENT CONFERENCE ORDER - Settlement Conference set for 3/30/2018 at 01:30 PM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Bridget S Bade. At least fourteen days before the Settlement Conference, counsel who will attend the Settlement Conference must call chambers to schedule a conference call between counsel and the settlement judge. Each party must provide the Court with a Settlement Conference Memorandum at least seven days before the Settlement Conference. (See attached Order for details). Signed by Magistrate Judge Bridget S Bade on 02/01/2018. (KAS) (Entered: 02/01/2018) |
| 48 | Feb 2, 2018 | Request | MINUTE ORDER: Telephonic Discovery Hearing set for 2/14/2018 at 04:50 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Counsel for defendant is responsible for making the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. The parties shall file a joint statement regarding the discovery issues, no more than 2 pages in length, by 12:00 PM on 2/13/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 02/02/2018) |
| 49 | Feb 2, 2018 | Request | NOTICE of Attorney Withdrawal Lindsay Hesketh filed by John Alan Doran. (Attachments: # 1 Text of Proposed Order)(Doran, John) (Entered: 02/02/2018) |
| 50 | Feb 5, 2018 | Request | STIPULATION re: 29 Scheduling Order - Extension of Deadline to Engage in Good Faith Settlement Talks by Arizona Logistics Incorporated. (Vickles, Heather) (Entered: 02/05/2018) |
| 51 | Feb 6, 2018 | Request | ORDER pursuant to 50 Stipulation to Extend Deadline for Engaging in Good Faith Settlement Talks: The deadline for all parties and their counsel to meet in person and engage in good faith settlement talks is extended until and including 4/13/2018. Signed by Judge Douglas L Rayes on 2/6/2018. (MMO) (Entered: 02/06/2018) |
| 52 | Feb 7, 2018 | Request | *NOTICE of Service of Discovery filed by Edward C Hugler. (Santos, Martin) *Modified to remove filer on 2/8/2018 (DXD). (Entered: 02/07/2018) |
| 53 | Feb 12, 2018 | Request | NOTICE of Service of Discovery filed by Arizona Logistics Incorporated. (Morrison, Matthew) (Entered: 02/12/2018) |
| 54 | Feb 13, 2018 | Request | STATEMENT of Discovery Issues for Telephonic Hearing on February 14, 2018 (Joint) re: 48 Set/Reset Hearings by Defendant Arizona Logistics Incorporated. (Attachments: # 1 Exhibit A - Email, # 2 Exhibit B - Subpoenas)(Morrison, Matthew) (Entered: 02/13/2018) |
| 55 | Feb 14, 2018 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 2/14/2018. Telephonic Interim Scheduling Conference set for 2/15/2018 is vacated and reset for 5/10/2018 at 09:30 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. After hearing from the parties, the Court ORDERS the request for protective order is DENIED. The Court further ORDERS the parties to work together to narrow scope of the subpoena. APPEARANCES: Telephonic appearance by Boris Orlov and Cristopher Santos for Plaintiff. Telephonic appearance by Matthew Morrison for Defendant Arizona Logistics Incorporated. (Court Reporter Charlotte Powers.) Hearing held 4:48 PM to 5:04 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 02/14/2018) |
| 56 | Feb 27, 2018 | Request | *Joint MOTION for Extension of Time Modify Case Deadlines by Eight Weeks re: 29 Scheduling Order by Arizona Logistics Incorporated, Parts Authority Arizona LLC. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Joint Motion to Modify Scheduling Order to Extend Case Deadlines by Eight Weeks)(Morrison, Matthew) *Modified to correct event on 2/28/2018 (DXD). (Entered: 02/27/2018) |
| 57 | Mar 1, 2018 | Request | ORDER pursuant to 56 Joint Motion to Modify Scheduling Order: Discovery due by 6/22/2018. Dispositive motions due by 7/16/2018. The Telephonic Trial Scheduling Conference currently set on 6/27/2018 is hereby vacated and re-set to 8/21/2018 at 9:00 AM before Judge Douglas L Rayes. See Order for details. Signed by Judge Douglas L Rayes on 3/1/18. (DXD) (Entered: 03/01/2018) |
| 58 | Mar 2, 2018 | Request | NOTICE re: Notice of Service of Deposition Notices by Arizona Logistics Incorporated . (Vickles, Heather) (Entered: 03/02/2018) |
| 59 | Mar 8, 2018 | Request | *Joint MOTION to Continue Joint Motion to Re-Set Settlement Conference of March 30, 2018 re: 47 Order by Arizona Logistics Incorporated. (Attachments: # 1 Text of Proposed Order to Re-Set Settlement Conference)(Vickles, Heather) *Modified on 3/9/2018 to change to a Motion to Continue (ATD). (Entered: 03/08/2018) |
| 60 | Mar 9, 2018 | Request | ORDER granting 59 Motion to Continue Settlement Conference set for 3/30/2018. IT IS ORDERED resetting the settlement conference to 5/31/2018 at 9:30 a.m. in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Bridget S. Bade. All other directives in the Order setting this matter for settlement conference remain in full force and effect.. Signed by Magistrate Judge Bridget S. Bade on 3/9/18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BSB, ew) (Entered: 03/09/2018) |
| 61 | Mar 15, 2018 | Request | NOTICE of Service of Discovery filed by Edward C Hugler. (Orlov, Boris) (Entered: 03/15/2018) |
| 62 | Apr 5, 2018 | Request | NOTICE of Service of Discovery filed by Arizona Logistics Incorporated. (Vickles, Heather) (Entered: 04/05/2018) |
| 63 | Apr 6, 2018 | Request | NOTICE TO FILER OF DEFICIENCY re: 62 Notice of Service of Discovery filed by Arizona Logistics Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Forms of Papers. Please note for future filings; 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) (Entered: 04/06/2018) |
| 64 | May 4, 2018 | Request | MINUTE ORDER: The Parties having contacted Chambers, IT IS ORDERED, setting a pre settlement conference call for 5/15/18 at 4:15 PM (AZ time) before Magistrate Judge Bridget S. Bade. A conference call joining the parties on one line must be made prior to calling chambers. Plaintiff's counsel shall be responsible for joining the parties at the appointed time. No cellphones will be allowed. Land lines only. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BSB, ew) (Entered: 05/04/2018) |
| 65 | May 9, 2018 | Request | MINUTE ORDER: Telephonic Interim Scheduling Conference set for 5/10/2018 is VACATED AND RESET. Telephonic Interim Scheduling Conference reset for 7/3/2018 at 10:45 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 05/09/2018) |
| 66 | May 14, 2018 | Request | *NOTICE of Service of Discovery re: Defendant Arizona Logistics, Inc.'s Notice of Service of Expert Disclosures by Arizona Logistics Incorporated . (Morrison, Matthew) *Modified on 5/15/2018 to correct event (ATD). (Entered: 05/14/2018) |
| 67 | May 15, 2018 | Request | MINUTE ORDER: The Settlement Conference set for 5/31/2018 at 09:30 AM (AZ time) is RESET to 5/31/2018 at 8:30 AM (AZ time) in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Bridget S. Bade. All other directives in the Court's original order setting the settlement conference remain in full force and effect. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BSB, ew) (Entered: 05/15/2018) |
| 68 | May 16, 2018 | Request | *NOTICE of Service of Discovery filed by Edward C Hugler. (Santos, Martin) *Modified on 5/17/2018 to remove terminated filer (ATD). (Entered: 05/16/2018) |
| 69 | May 31, 2018 | Request | MINUTE ENTRY for proceedings held before Magistrate Judge Bridget S. Bade: Settlement Conference held on 5/31/2018. The parties did not reach a settlement. APPEARANCES: Boris Orloy and Martin D. Christopher Santos for Plaintiff; Heather Fox Vickles for Defendant Arizona Logistics, Inc., and Michelle Ray Matheson for Defendant Parts Authority Arizona LLC. Also appearing: Plaintiff's representatives Kristina Espinoza, Nick Fiorello, Ginny Gomez, and Eric Murray; Defendant Arizona Logistics, Inc.'s representatives Maurice Bresenhan and Larry Browne; Defendant Parts Authority Arizona LLC's representatives Eric Schwartz and Yaron Rosenthal. (Recorded by: not recorded) Hearing held 8:30 AM to 1:00 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESL) (Entered: 06/01/2018) |
| 70 | Jun 8, 2018 | Request | REPORT of Settlement Talks/Discussions (JOINT) by Edward C Hugler. (Santos, Martin) (Entered: 06/08/2018) |
| 71 | Jun 8, 2018 | Request | NOTICE of Service of Discovery filed by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 06/08/2018) |
| 72 | Jun 8, 2018 | Request | *Joint MOTION to Amend/Correct: 57 Order by Edward C Hugler. (Attachments: # 1 Text of Proposed Order)(Orlov, Boris) *Modified to correct motion type on 6/11/2018 (REK). (Entered: 06/08/2018) |
| 73 | Jun 8, 2018 | Request | MINUTE ORDER: Telephonic Discovery Hearing re: number of depositions allowed set for 6/19/2018 at 01:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Counsel for plaintiff is responsible for making the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 06/08/2018) |
| 74 | Jun 11, 2018 | Request | NOTICE of Service of Discovery filed by Arizona Logistics Incorporated. (Morrison, Matthew) (Entered: 06/11/2018) |
| 75 | Jun 11, 2018 | Request | NOTICE TO FILER OF DEFICIENCY re: 72 MOTION to Amend/Correct filed by Edward C Hugler. 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. (REK) (Entered: 06/11/2018) |
| 76 | Jun 13, 2018 | Request | *AMENDED by Doc. 102 * ORDER granting 72 Motion to Modify the Amended Scheduling Order to Extend Case Deadlines by Eight Weeks. Fact Discovery due by 8/17/18. Dispositive motions to be filed by 9/10/18. IT IS FURTHER ORDERED that the Telephonic Trial Scheduling Conference currently set for August 21, 2018 is hereby vacated and reset to October 25, 2018 at 4:45 p.m. [see attached Order for details]. Signed by Judge Douglas L Rayes on 6/12/18. (MAW) Modified on 8/29/2018 (MMO). (Entered: 06/13/2018) |
| 77 | Jun 18, 2018 | Request | NOTICE re: Notice of Waiver of Appearance by Parts Authority Arizona LLC . (Matheson, Michelle) (Entered: 06/18/2018) |
| 78 | Jun 19, 2018 | Request | *NOTICE TO FILER OF DEFICIENCY re: 77 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. (GMP)* Modified on 6/19/2018 to add document linkage. (GMP) (Entered: 06/19/2018) |
| 79 | Jun 19, 2018 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 6/19/2018. After hearing from the parties, the Court finds that plaintiff's request for additional depositions is necessary additional discovery and is not intrusive. The Court will allow the 25 depositions as requested by plaintiff. APPEARANCES: Telephonic appearance by Boris Orlov and Christopher Santos for Plaintiff. Telephonic appearance by Matthew Morrison for Defendants. (Court Reporter Jennifer Pancratz.) Hearing held 1:33 PM to 1:43 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 06/19/2018) |
| 80 | Jun 29, 2018 | Request | MINUTE ORDER: Telephonic Interim Scheduling Conference set for 7/3/2018 is VACATED AND RESET. Telephonic Interim Scheduling Conference reset for 9/13/2018 at 01:30 PM before Judge Douglas L Rayes. Telephonic Discovery Hearing set for 7/12/2018 at 09:00 AM before Judge Douglas L Rayes. Parties shall file a stipulated statement to the Court regarding the issues limited to 2 pages only by 5:00 PM on 7/10/2018. Counsel for Plaintiff shall make the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 06/29/2018) |
| 81 | Jul 3, 2018 | Request | Joint MOTION for Discovery for Leave to Submit Briefing on a Discovery Dispute by Arizona Logistics Incorporated. (Morrison, Matthew) (Entered: 07/03/2018) |
| 82 | Jul 5, 2018 | Request | *AMENDED by Doc. 83 * ORDER granting 81 Joint Motion for Leave to Submit Briefing on a Discovery Dispute. The Court will accept written briefing on the discovery dispute to be filed no later than 5:00 PM on 7/10/2018. Signed by Judge Douglas L Rayes on 7/5/2018. (MMO) Modified on 7/6/2018 (MMO). (Entered: 07/05/2018) |
| 83 | Jul 6, 2018 | Request | AMENDED ORDER granting 81 Joint Motion for Leave to Submit Briefing on a Discovery Dispute. Defendant Arizona Logistics, Inc. shall file its renewed motion to compel by no later than 7/16/2018. Plaintiff's response is due no later than 7/23/2018. Defendants optional reply is due no later than 7/27/2018. The Court affirms the telephonic discovery dispute hearing scheduled for 7/12/2018 at 9:00 AM. Signed by Judge Douglas L Rayes on 7/6/2018. (MMO) (Entered: 07/06/2018) |
| 84 | Jul 9, 2018 | Request | MINUTE ORDER: Having been informed that the parties have resolved the discovery issue, it is ordered that the telephonic discovery dispute hearing scheduled for 7/12/2018 at 9:00 AM is VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 07/09/2018) |
| 85 | Jul 16, 2018 | Request | MOTION to Compel Renewed Motion to Compel Disclosure of Plaintiff's Representative Witnesses and Memorandum in Support by Arizona Logistics Incorporated. (Attachments: # 1 Exhibit A - SOL's Resp to AZL's 2nd set of ROGS & RFPD, # 2 Exhibit B - SOL's Resp to Parts Authorities' 2nd set of ROGS & RFPD, # 3 Exhibit C - AZL's 2nd Set of Discovery to Plaintiff, # 4 Exhibit D - Parts Authority's 2nd Set of Discovery to Plaintiff, # 5 Exhibit E - Deposition Transcript, # 6 Exhibit F - Interview Notes, # 7 Exhibit G - Letter, # 8 Exhibit H - DOL Letter, # 9 Text of Proposed Order Proposed Order)(Morrison, Matthew) *Modified filers on 9/17/2018 (DXD). (Entered: 07/16/2018) |
| 86 | Jul 20, 2018 | Request | NOTICE of Service of Discovery filed by Edward C Hugler. (Santos, Martin) (Entered: 07/20/2018) |
| 87 | Jul 23, 2018 | Request | RESPONSE in Opposition re: 85 MOTION to Compel Renewed Motion to Compel Disclosure of Plaintiff's Representative Witnesses and Memorandum in Support filed by Edward C Hugler. (Attachments: # 1 Declaration of M.J. Cristopher Santos, # 2 Declaration of Wage and Hour Investigator, # 3 Declaration of Acting Administrator, # 4 Exhibit 1 (Caccavella Tr.), # 5 Exhibit 2 (Gudgeon Tr.), # 6 Exhibit 3 (Diligent communications), # 7 Exhibit 4 (Diligent communications), # 8 Exhibit 5 (Diligent Code of Conduct), # 9 Exhibit 6 (Diligent rules), # 10 Exhibit 7 (Parts Authority Procedure Guide), # 11 Exhibit 8 (Diligent client communications), # 12 Exhibit 9 (Sample Interview Notes), # 13 Exhibit 10 (Writ of Mandamus), # 14 Exhibit 11 (Diligent Agreement), # 15 Exhibit 12 (Diligent communications))(Santos, Martin) (Entered: 07/23/2018) |
| 88 | Jul 24, 2018 | Request | Joint MOTION for Extension of Time to Complete Discovery /Deposition by Edward C Hugler. (Attachments: # 1 Text of Proposed Order)(Santos, Martin) (Entered: 07/24/2018) |
| 89 | Jul 24, 2018 | Request | NOTICE of Appearance by Lindsay Hwa Schroeder Hesketh on behalf of Arizona Logistics Incorporated. (Hesketh, Lindsay) (Entered: 07/24/2018) |
| 90 | Jul 24, 2018 | Request | NOTICE of Service of Discovery filed by Arizona Logistics Incorporated. (Hesketh, Lindsay) (Entered: 07/24/2018) |
| 91 | Jul 24, 2018 | Request | ORDER granting 88 Joint Motion to Modify the Scheduling Order for the Limited Purpose of Allowing a Deposition on August 14, 2018. The deposition of Tony Carter may commence on August 14, 2018. Signed by Judge Douglas L Rayes on 7/24/2018. (MMO) (Entered: 07/24/2018) |
| 92 | Jul 27, 2018 | Request | REPLY to Response to Motion re: 85 MOTION to Compel Renewed Motion to Compel Disclosure of Plaintiff's Representative Witnesses and Memorandum in Support filed by Arizona Logistics Incorporated. (Morrison, Matthew) (Entered: 07/27/2018) |
| 93 | Aug 2, 2018 | Request | NOTICE of Service of Discovery filed by Arizona Logistics Incorporated. (Morrison, Matthew) (Entered: 08/02/2018) |
| 94 | Aug 3, 2018 | Request | *NOTICE of Service of Discovery by R Alexander Acosta. (Santos, Martin) *Modified to correct event on 8/6/2018 (REK). *Modified filer name on 8/29/2018 (DXD). (Entered: 08/03/2018) |
| 95 | Aug 3, 2018 | Request | MINUTE ORDER: Telephonic Discovery Hearing re: production of financial information set for 8/8/2018 at 09:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Counsel for Plaintiff shall make the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 08/03/2018) |
| 96 | Aug 6, 2018 | Request | Joint MOTION for Extension of Time to Complete Rule 26(a)(3) Disclosures by R Alexander Acosta. (Attachments: # 1 Text of Proposed Order)(Santos, Martin) *Modified filer name on 8/29/2018 (DXD). (Entered: 08/06/2018) |
| 97 | Aug 7, 2018 | Request | ORDER granting 96 Joint Motion to Modify the Amended Scheduling Order for the Limited Purpose of Continuing the Deadline for the FRCP 26(a)(3) Disclosures. The deadline for completing the disclosures required under Rule 26(a)(3) is extended from 8/17/2018 through and including 11/17/2018. Signed by Judge Douglas L Rayes on 8/6/2018. (MMO) (Entered: 08/07/2018) |
| 98 | Aug 8, 2018 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 8/8/2018. After hearing from the parties, the Court takes the issue of production of financial information under advisement. The Court further denies Defendants' 85 Renewed Motion to Compel Disclosure of Plaintiff's Representative Witnesses and Memorandum in Support. APPEARANCES: Telephonic appearance by Boris Orlov and Christopher Santos for Plaintiff. Telephonic appearance by Matthew Morrison and Heather Vickles for Defendants. (Court Reporter Jennifer Pancratz.) Hearing held 9:00 AM to 9:18 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 08/08/2018) |
| 99 | Aug 8, 2018 | Request | ORDER: Having heard the parties' arguments and reviewed the cases cited by counsel, the Court finds that, under the economic realities test, it is appropriate to assess the alleged employees' investments relative to the alleged employer's investment. In assessing the alleged employer's investment in a case involving a delivery service, the Court in Flores v. Velocity Express, LLC, 250 F. Supp. 3d 468 (N.D. Cal. 2017) found the reasoning in Collinge v. IntelliQuick Delivery, Inc., No. 2:12-cv-00824 JWS, 2015 WL 1299369 (D. Ariz. Mar. 23, 2015), instructive because of the factual similarities to that case. Those cases, like this one, involve the analysis of factors under the economic realities test where it has been alleged that delivery drivers have been mis-classified as independent contractors. The Court finds Flores instructive on the proper investment assessment of the alleged employers. That assessment should include "the total capital investment necessary to operate [a] delivery business, including the cost of acquiring and maintain[ing] warehouse space, office space, dispatchers, computers, and the... software used to coordinate deliveries." Flores, 250 F. Supp. 3d at 48 (quoting Collinge, 2015 WL 1299369, at *5). IT IS ORDERED that Defendants' objection to the production of the financial information is OVERRULED. Ordered by Judge Douglas L Rayes on 8/8/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 08/08/2018) |
| 100 | Aug 27, 2018 | Request | Joint MOTION for Extension of Time Summary Judgment Motion Deadlines by R Alexander Acosta. (Attachments: # 1 Text of Proposed Order)(Orlov, Boris) *Modified filers name on 8/29/2018 (DXD). (Entered: 08/27/2018) |
| 101 | Aug 28, 2018 | Request | NOTICE of Service of Discovery filed by R Alexander Acosta. (Santos, Martin) *Modified filer name on 8/29/2018 (DXD). (Entered: 08/28/2018) |
| 102 | Aug 29, 2018 | Request | ORDER granting 100 Joint Motion to Modify the Amended Scheduling Order to Extend Summary Judgment Motion Deadlines. The deadline for filing dispositive motions and for challenging expert testimony is extended from 9/10/2018 to 11/9/2018. FURTHER ORDERED that the page limit for the summary judgment motions and oppositions shall be increased to 30 pages. Signed by Judge Douglas L Rayes on 8/28/2018. (MMO) (Entered: 08/29/2018) |
| 103 | Aug 31, 2018 | View | MOTION to Amend/Correct 1 Complaint , MOTION for Extension of Time to Amend 1 Complaint by R Alexander Acosta. (Attachments: # 1 Declaration of M.J. Cristopher Santos, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Santos, Martin) (Entered: 08/31/2018) |
| 104 | Aug 31, 2018 | Request | Additional Attachments to Main Document re: 103 MOTION to Amend/Correct 1 Complaint MOTION for Extension of Time to Amend 1 Complaint by Plaintiff R Alexander Acosta. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit 12, # 4 Exhibit 13, # 5 Exhibit 14, # 6 Exhibit 15, # 7 Exhibit 16, # 8 Exhibit 17, # 9 Text of Proposed Order)(Santos, Martin) (Entered: 08/31/2018) |
| 105 | Sep 13, 2018 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Interim Scheduling Conference held on 9/13/2018. Counsel for defendant advises the Court they will be filing a response objecting to plaintiff's 103 motion to amend. Discussion held re: the status of discovery. Trial scheduling conference set for 10/25/18 is VACATED. APPEARANCES: Telephonic appearance by Boris Orlov and Christopher Santos for Plaintiff. Telephonic appearance by Heather Vickles and Michelle Matheson for Defendants. (Court Reporter Jennifer Pancratz.) Hearing held 1:32 PM to 1:37 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 09/13/2018) |
| 106 | Sep 14, 2018 | Request | *RESPONSE to Motion re: 103 MOTION to Amend/Correct 1 Complaint, MOTION for Extension of Time to Amend 1 Complaint to Add Diligent Owner and CEO Larry Browne as a Defendant filed by Arizona Logistics Incorporated. (Attachments: # 1 Exhibit A - M. Bresenhan Dec., # 2 Exhibit B - Investigator Espinoza Notes, # 3 Exhibit C - Public Records (06/01/16), # 4 Exhibit D - List of Browne's Businesses, # 5 Exhibit E - Business and Property Report, # 6 Exhibit F - Williams Dep.., # 7 Exhibit G - Gudgeon Dep., # 8 Exhibit H - Bresenhan Dep., # 9 Exhibit I - Browne Dep., # 10 Exhibit J - Plaintiff's Initial Disclosures, # 11 Exhibit K - 07/31/18 Email, # 12 Exhibit L - Dkt. No. 104-1, # 13 Exhibit M - Speckler Dec., # 14 Exhibit N - Freightliner Depo. Excerpts, # 15 Exhibit O - Master Client Svcs. Agmt., # 16 Exhibit P - Biciolis Dep., # 17 Exhibit Q - Individual Business and Property Report Excerpts)(Morrison, Matthew) *Modified to remove filer on 9/17/2018 (DXD). (Entered: 09/14/2018) |
| 107 | Sep 21, 2018 | Request | REPLY to Response to Motion re: 103 MOTION to Amend/Correct 1 Complaint MOTION for Extension of Time to Amend 1 Complaint filed by R Alexander Acosta. (Attachments: # 1 Declaration of Boris Orlov, # 2 Index of Attached Exhibits, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20, # 6 Exhibit 21, # 7 Exhibit 22, # 8 Exhibit 23, # 9 Exhibit 24, # 10 Exhibit 25)(Santos, Martin) (Entered: 09/21/2018) |
| 108 | Sep 27, 2018 | Request | *STIPULATION to Amend Exhibit A to Plaintiff's Complaint by R Alexander Acosta . (Attachments: # 1 First Amended Exhibit A, # 2 Text of Proposed Order)(Orlov, Boris) *Modified to correct event; attorney noticed on 9/28/2018 (SLQ). (Entered: 09/27/2018) |
| 109 | Sep 28, 2018 | Request | ORDER granting 108 Notice and Stipulation to Amend Exhibit A to Plaintiff's Complaint. (See Order for details.) Signed by Judge Douglas L Rayes on 9/28/2018. (MMO) (Entered: 09/28/2018) |
| 110 | Oct 12, 2018 | Request | Joint MOTION for Extension of Time for Remaining Case Deadlines by R Alexander Acosta. (Attachments: # 1 Text of Proposed Order)(Santos, Martin) (Entered: 10/12/2018) |
| 111 | Oct 16, 2018 | Request | ORDER granting 110 Joint Motion to Modify the Amended Scheduling Order. The current deadline for dispositive motions and for challenging expert opinion testimony of 11/9/2018 is vacated. The deadline for completing the disclosures required under Rule 26(a)(3) is extended from 11/17/2018 to 45 days after the ruling on the parties' summary judgment motions. Signed by Judge Douglas L Rayes on 10/16/2018. (MMO) (Entered: 10/16/2018) |
| 112 | Oct 31, 2018 | Request | NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by R Alexander Acosta . (Attachments: # 1 Second Amended Exhibit A)(Orlov, Boris) (Entered: 10/31/2018) |
| 113 | Oct 31, 2018 | Request | NOTICE of Service of Discovery filed by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 10/31/2018) |
| 114 | Oct 31, 2018 | Request | NOTICE TO FILER OF DEFICIENCY re: 113 Notice of Service of Discovery. 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) (Entered: 11/01/2018) |
| 115 | Nov 16, 2018 | Request | MINUTE ORDER: Telephonic Discovery Hearing set for 11/30/2018 at 04:15 PM before Judge Douglas L Rayes. Counsel for Plaintiff shall make the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. Plaintiff to file a notice of issues by 5:00 PM on 11/28/18, and defendants are to file their notice of issues by 12:00 PM 11/29/18, both no more than 2 pages in length. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 11/16/2018) |
| 116 | Nov 19, 2018 | Request | MINUTE ORDER: Oral Argument as to 103 Motion to Amend Complaint to Add Diligent Owner and CEO Larry Browne as a Defendant set for 12/6/2018 at 01:00 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Oral Argument is set for 30 minutes. To assist the court reporter, the parties shall prepare and bring to the oral argument a Table of Authorities, in alphabetical order, which includes all of the authorities on which the parties will rely at the oral argument. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 11/19/2018) |
| 117 | Nov 27, 2018 | Request | NOTICE re: Waiver of Appearance by Parts Authority Arizona LLC . (Matheson, Michelle) (Entered: 11/27/2018) |
| 118 | Nov 28, 2018 | Request | NOTICE re: Issue to Compel Compliance with Court's Discovery Order by R Alexander Acosta re: 115 Set/Reset Hearings . (Attachments: # 1 Exhibit A (Velocity Exhibit), # 2 Exhibit B (Browne Dep. Tr.))(Santos, Martin) (Entered: 11/28/2018) |
| 119 | Nov 29, 2018 | Request | STATEMENT of Issues for November 30, 2018 Telephonic Discovery Hearing by Defendant Arizona Logistics Incorporated. (Attachments: # 1 Exhibit A -SOL's Second Set of RFPD, # 2 Exhibit B - Bresenhan Depo Excerpts)(Morrison, Matthew) (Entered: 11/29/2018) |
| 120 | Nov 30, 2018 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 11/30/2018. After hearing from the parties, the Court finds that the disputed evidence is relevant to plaintiff's claims and propotional to the needs of the case. There is no evidence that producing the records will be costly or time consuming. The Court orders defendant to produce the records. APPEARANCES: Telephonic appearance by Christopher Santos and Boris Orlov for Plaintiff. Telephonic appearance by Lindsay Hesketh and Matthew Morrison for Defendant Arizona Logistics Incorporated. (Court Reporter Jennifer Pancratz.) Hearing held 3:05 PM to 3:14 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 11/30/2018) |
| 121 | Dec 6, 2018 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Oral Argument held on 12/6/2018 re: 103 Motion to Amend Complaint to Add Diligent Owner and CEO Larry Browne as a Defendant. After hearing from the parties, the Court directs the parties to take the depositions of Browne, Petty, and Brudder within 30 days, or as soon as possible. Further, written discovery shall be supplemented to include Mr. Browne's communications regarding the negotiations with Arizona entities, contractors, and/or drivers, if any, relevant to this case. Once completed, counsel shall notify chambers so a hearing can be scheduled. The motion 103 will be held in abeyance until the depositions and supplemental discovery are complete. LATER: The parties are to set a conference call with the Court to advise of the dates of the depositions if the depositions cannot be completed within 30 days. APPEARANCES: Cristopher Santos for Plaintiff. John Doran for Defendant Arizona Logistics Incorporated. (Court Reporter Jennifer Pancratz.) Hearing held 1:06 PM to 1:27 PM and 1:34 PM to 1:57 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 12/06/2018) |
| 122 | Dec 7, 2018 | Request | TRANSCRIPT REQUEST Transcript Order by Arizona Logistics Incorporated for proceedings held on 12-6-18, Judge Douglas L Rayes hearing judge(s). (Doran, John) (Entered: 12/07/2018) |
| 124 | Dec 10, 2018 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT proceedings held on 12/06/2018, before Judge DOUGLAS L. RAYES. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/31/2018. Redacted Transcript Deadline set for 1/10/2019. Release of Transcript Restriction set for 3/11/2019. (RAP) (Entered: 12/14/2018) |
| 123 | Dec 12, 2018 | Request | TRANSCRIPT REQUEST by R Alexander Acosta for proceedings held on 12/06/2018, Judge Douglas L Rayes hearing judge(s). (Santos, Martin) (Entered: 12/12/2018) |
| 125 | Dec 18, 2018 | Request | NOTICE of Service of Discovery filed by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 12/18/2018) |
| 127 | Dec 18, 2018 | Request | NOTICE TO FILER OF DEFICIENCY re: 125 Notice of Service of Discovery. 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) (Entered: 12/19/2018) |
| 126 | Dec 19, 2018 | Request | MINUTE ORDER: Telephone Conference set for 12/20/2018 at 02:00 PM re: depositions cannot be completed within 30 days pursuant to Minute Entry at Doc. 121. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 12/19/2018) |
| 128 | Dec 20, 2018 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephone Conference held on 12/20/2018. The parties advise the Court that, for reasons stated on the record, the depositions will not be completed within 30 days as previously directed. Depositions are set for 2/6/19 and 2/7/19. After discussion, the Court rules as follows: Defendants will file their supplemental written discovery on or before 1/18/19, and the depositions wil proceed as scheduled on 2/6/19 and 2/7/19. Discovery deadline is extended through 2/7/19. Parameters of depositions discussed. APPEARANCES: Telephonic appearance by Boris Orlov and Cristopher Santos for Plaintiff. Telephonic appearance by Heather Vickles for Defendant. (Court Reporter Jennifer Pancratz.) Hearing held 2:04 PM to 2:07 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 12/20/2018) |
| 129 | Jan 18, 2019 | Request | NOTICE of Service of Discovery filed by Arizona Logistics Incorporated. (Hesketh, Lindsay) (Entered: 01/18/2019) |
| 130 | Jan 21, 2019 | Request | NOTICE of Errata re: 129 NOTICE of Service of Discovery by Defendant Arizona Logistics Incorporated. (Hesketh, Lindsay) *Modified linkage on 1/22/2019 (DXD). (Entered: 01/21/2019) |
| 131 | Feb 13, 2019 | Request | MINUTE ORDER: Telephonic Status Conference re: supplemental briefing as to 103 motion to amend and to schedule conclusion to 12/6/18 oral argument set for 2/14/2019 at 01:30 PM before Judge Douglas L Rayes. Counsel for Plaintiff shall make the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 02/13/2019) |
| 132 | Feb 14, 2019 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Status Conference held on 2/14/2019. Parties advise the Court that the depositions have been complete. The Court orders supplemental briefing on the 103 Motion to Amend as follows: Plaintiff's supplement to the motion due by 2/25/19, defendant's response due by 3/4/19, both shall be no more than 10 pages in length. Plaintiff's reply due by 3/11/19 and shall be no more than 5 pages. The Court will set further oral argument if it deems necessary. APPEARANCES: Telephonic appearance by Boris Orlov and Cristopher Santos for Plaintiff. Telephonic appearance by Heather Vickles and John Doran for Defendant Arizona Logistics Incorporated. (Court Reporter Jennifer Pancratz.) Hearing held 1:31 PM to 1:36 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 02/14/2019) |
| 133 | Feb 17, 2019 | Request | NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by R Alexander Acosta . (Attachments: # 1 Third Amended Exhibit A)(Santos, Martin) (Entered: 02/17/2019) |
| 134 | Feb 25, 2019 | View | SUPPLEMENT re: 103 MOTION to Amend/Correct 1 Complaint MOTION for Extension of Time to Amend 1 Complaint by Plaintiff R Alexander Acosta. (Attachments: # 1 Decl. of M.J. Cristopher Santos, # 2 Index of Exhibits, # 3 Exhibit 26, # 4 Exhibit 27, # 5 Exhibit 28, # 6 Exhibit 29, # 7 Exhibit 30, # 8 Exhibit 31, # 9 Exhibit 32, # 10 Exhibit 33, # 11 Exhibit 34, # 12 Exhibit 35, # 13 Exhibit 36, # 14 Exhibit 37, # 15 Exhibit 38, # 16 Exhibit 39, # 17 Exhibit 40, # 18 Exhibit 41, # 19 Exhibit 42, # 20 Exhibit 43)(Santos, Martin) (Entered: 02/25/2019) |
| 135 | Mar 4, 2019 | Request | RESPONSE re: 134 Supplement (Secretary's) Brief in Support of Motion to Add Diligent Owner and CEO Larry Browne as a Defendant by Defendant Arizona Logistics Incorporated. (Attachments: # 1 Exhibit R - Bruder Depo Excerpts, # 2 Exhibit S -Petty Depo Excerpts, # 3 Exhibit T -Browne Depo Excerpts, # 4 Exhibit U - 07.30.13 Email, # 5 Exhibit V - Owner Operator Agreement, # 6 Exhibit W - Curtis/Rule 30(b)(6) Depo Excerpts, # 7 Exhibit X - Carrano Depo Excerpts, # 8 Exhibit Y - 06.20.18 Email)(Morrison, Matthew) (Entered: 03/04/2019) |
| 136 | Mar 11, 2019 | Request | SUPPLEMENT Supplemental Reply re: 103 MOTION to Amend/Correct 1 Complaint MOTION for Extension of Time to Amend 1 Complaint by Plaintiff R Alexander Acosta. (Attachments: # 1 Santos Decl., # 2 Index of Exhibits, # 3 Exhibit 44, # 4 Exhibit 45, # 5 Exhibit 46, # 6 Exhibit 47, # 7 Exhibit 48, # 8 Exhibit 49)(Santos, Martin) (Entered: 03/11/2019) |
| 137 | Apr 1, 2019 | Request | MINUTE ORDER: Telephonic Discovery Hearing set for 4/5/2019 at 09:30 AM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Plaintiff shall submit a 1-2 page statement on the issues no later than 4/3/19. Defendants shall submit a 1-2 page statement no later than 12:00 PM on 4/4/19. Counsel for Plaintiff shall make the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 04/01/2019) |
| 138 | Apr 3, 2019 | Request | NOTICE re: Plaintiff's Statement Re Need to Compel Compliance With Court's July 8, 2018 and November 30, 2018 Discovery Orders by R Alexander Acosta . (Attachments: # 1 Exhibit A)(Orlov, Boris) (Entered: 04/03/2019) |
| 139 | Apr 4, 2019 | Request | ORDER granting 103 Secretary's Motion to Amend Complaint to Add Diligent Owner and CEO Larry Browne as a Defendant. The Secretary shall file his amended complaint within 7 days of the date of this order. Signed by Judge Douglas L Rayes on 4/4/2019. (MMO) (Entered: 04/04/2019) |
| 140 | Apr 4, 2019 | Request | STATEMENT of Issues for April 5, 2019 Telephonic Discovery Hearing by Defendant Arizona Logistics Incorporated. (Attachments: # 1 Exhibit A - Petty Depo Excerpts, # 2 Exhibit B - 02/14/19 Email)(Morrison, Matthew) (Entered: 04/04/2019) |
| 141 | Apr 5, 2019 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 4/5/2019. After hearing from the parties, the Court grants plaintiff's request that the financial statements for the Diligent entities and the journal entries for Norlyn Enterprise from 2016 to 2018 be produced by defendant. Dispositive motions due by 6/4/2019. APPEARANCES: Telephonic appearance by Boris Orlov for Plaintiff. Telephonic appearance by Matthew Morrison for Defendant Arizona Logistics Incorporated. (Court Reporter Jennifer Pancratz.) Hearing held 9:33 AM to 9:47 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 04/05/2019) |
| 142 | Apr 5, 2019 | View | AMENDED COMPLAINT against All Defendants filed by R Alexander Acosta. (Attachments: # 1 Summons Larry Browne)(Orlov, Boris) (Entered: 04/05/2019) |
| 143 | Apr 8, 2019 | Request | Summons Issued as to Larry Browne. (DXD) **IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/08/2019) |
| 144 | Apr 19, 2019 | Request | Arizona Logistics, Inc.'s ANSWER to 142 Amended Complaint with Jury Demand by Arizona Logistics Incorporated.(Morrison, Matthew) (Entered: 04/19/2019) |
| 145 | Apr 23, 2019 | Request | ANSWER to 142 Amended Complaint with Jury Demand by Parts Authority Arizona LLC.(Matheson, Michelle) (Entered: 04/23/2019) |
| 146 | May 1, 2019 | Request | SERVICE EXECUTED filed by R Alexander Acosta: Affidavit of Service re: Summons, First Amended Complaint upon Larry Browne on April 24, 2019. (Orlov, Boris) (Entered: 05/01/2019) |
| 147 | May 14, 2019 | Request | Joint MOTION for Extension of Time TO EXTEND DEFENDANT BROWNE'S TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT AND MODIFY THE AMENDED SCHEDULING ORDER TO EXTEND DISPOSITIVE MOTION DEADLINES by R Alexander Acosta. (Attachments: # 1 Text of Proposed Order)(Orlov, Boris) (Entered: 05/14/2019) |
| 148 | May 15, 2019 | Request | NOTICE of Appearance by John James Egbert on behalf of Larry Browne. (Egbert, John) (Entered: 05/15/2019) |
| 149 | May 16, 2019 | Request | ORDER granting 147 Joint Motion to Extend Defendant Browne's Time to Respond to the First Amended Complaint and Modify the Amended Scheduling Order to Extend Dispositive Motion Deadlines. The deadline for Defendant Browne to respond to the First Amended Complaint is extended through and including 6/14/2019. The deadline for Dispositive motions and motions challenging expert opinions is extended from 6/4/2019 to 8/16/2019. Signed by Judge Douglas L Rayes on 5/16/2019. (MMO) (Entered: 05/16/2019) |
| May 22, 2019 | Remark: Pro hac vice motion granted for Kevin H George on behalf of Larry Browne. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 05/22/2019) | ||
| 150 | Jun 14, 2019 | Request | MOTION to Compel ARBITRATION OR, IN THE ALTERNATIVE, TO DISMISS OR STAY CLAIMS by Larry Browne. (Attachments: # 1 Text of Proposed Order ORDER)(Mason, Christopher) (Entered: 06/14/2019) |
| 151 | Jun 14, 2019 | Request | DECLARATION of CAMILLE HARVEY re: 150 MOTION to Compel ARBITRATION OR, IN THE ALTERNATIVE, TO DISMISS OR STAY CLAIMS by Defendant Larry Browne. (Mason, Christopher) (Entered: 06/14/2019) |
| 152 | Jun 14, 2019 | Request | MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO RULE 12(b)(2) by Larry Browne. (Attachments: # 1 Text of Proposed Order ORDER)(Mason, Christopher) (Entered: 06/14/2019) |
| 153 | Jun 14, 2019 | Request | DECLARATION of LARRY BROWNE re: 152 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO RULE 12(b)(2) by Defendant Larry Browne. (Mason, Christopher) (Entered: 06/14/2019) |
| 154 | Jun 14, 2019 | Request | NOTICE re: OF CERTIFICATION OF COUNSEL by Larry Browne re: 150 MOTION to Compel ARBITRATION OR, IN THE ALTERNATIVE, TO DISMISS OR STAY CLAIMS , 152 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO RULE 12(b)(2) . (Mason, Christopher) (Entered: 06/14/2019) |
| 155 | Jun 28, 2019 | Request | RESPONSE in Opposition re: 150 MOTION to Compel ARBITRATION OR, IN THE ALTERNATIVE, TO DISMISS OR STAY CLAIMS filed by R Alexander Acosta. (Attachments: # 1 Declaration of Michael Eastwood in Support)(Kim, Grace) (Entered: 06/28/2019) |
| 156 | Jul 5, 2019 | Request | REPLY to Response to Motion re: 150 MOTION to Compel ARBITRATION OR, IN THE ALTERNATIVE, TO DISMISS OR STAY CLAIMS filed by Larry Browne. (Mason, Christopher) (Entered: 07/05/2019) |
| 157 | Jul 11, 2019 | Request | NOTICE of Appearance by Julie E Maurer on behalf of Arizona Logistics Incorporated. (Maurer, Julie) (Entered: 07/11/2019) |
| 158 | Jul 11, 2019 | Request | MOTION to Substitute Attorney With Consent of Client by Arizona Logistics Incorporated. (Attachments: # 1 Text of Proposed Order)(Maurer, Julie) (Entered: 07/11/2019) |
| Jul 12, 2019 | Remark: Pro hac vice motion granted for Peter N Kirsanow on behalf of Arizona Logistics. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/12/2019) | ||
| 159 | Jul 12, 2019 | Request | MOTION to Withdraw as Attorney with Client Consent by Arizona Logistics Incorporated. (Attachments: # 1 Text of Proposed Order for Withdrawal of Counsel)(Morrison, Matthew) (Entered: 07/12/2019) |
| 160 | Jul 15, 2019 | Request | RESPONSE to Motion re: 152 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO RULE 12(b)(2) filed by R Alexander Acosta. (Attachments: # 1 Declaration of Grace A. Kim in support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Kim, Grace) (Entered: 07/15/2019) |
| Jul 16, 2019 | Remark: Pro hac vice motion granted for Richard E Hepp on behalf of Arizona Logistics. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/16/2019) | ||
| Jul 16, 2019 | Remark: Pro hac motion granted for Elizabeth D Winiarski on behalf of Arizona Logistics Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/16/2019) | ||
| 161 | Jul 17, 2019 | Request | ORDER granting 158 Application for Substitution of Counsel with Client Consent. Attorneys Julie E. Maurer and David C. Clukey of the law firm of Lewis Brisbois Bisgaard & Smith, L.L.P. are substituted in as counsel of record for Defendant Arizona Logistics, Inc. in the place of Heather F. Vickles, John A. Doran, Matthew M. Morrison, and Lindsay H.S. Hesketh, for all further purposes in this matter. Signed by Judge Douglas L Rayes on 7/17/2019. (MMO) (Entered: 07/17/2019) |
| 162 | Jul 17, 2019 | Request | ORDER granting 159 Application for Withdrawal of Counsel with Client Consent. Sherman & Howard L.L.C. and its attorneys, Heather F. Vickles, John A. Doran, Matthew M. Morrison and Lindsay Hesketh, are permitted to withdraw as counsel of record for Arizona Logistics. Signed by Judge Douglas L Rayes on 7/17/2019. (MMO) (Entered: 07/17/2019) |
| 163 | Jul 29, 2019 | Request | STIPULATION re: 152 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO RULE 12(b)(2) (Stipulation for Extension of Time) by Larry Browne. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher) (Entered: 07/29/2019) |
| 164 | Jul 30, 2019 | Request | MINUTE ORDER: Telephonic Discovery Hearing re: setting new scheduling deadlines set for 8/7/2019 at 01:30 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Counsel for Plaintiff shall make the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 07/30/2019) |
| 165 | Jul 30, 2019 | Request | ORDER pursuant to 163 Stipulation for Extension of Time for Defendant Larry Browne to File His Reply in Support of Motion to Dismiss for Lack of Personal Jurisdiction: The deadline for Defendant Larry Browne to file Replyto his 152 Motion to Dismiss is extended through and including 8/6/2019. Signed by Judge Douglas L Rayes on 7/30/2019. (MMO) (Entered: 07/30/2019) |
| Aug 1, 2019 | Remark: Pro hac vice motion granted for Sharon P Stiller on behalf of defendant Parts Authority Arizona LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 08/01/2019) | ||
| 166 | Aug 6, 2019 | Request | REPLY to Response to Motion re: 152 MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO RULE 12(b)(2) filed by Larry Browne. (Attachments: # 1 Exhibit 1)(Mason, Christopher) (Entered: 08/06/2019) |
| 167 | Aug 7, 2019 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 8/7/2019. After hearing from the parties, the Court rules as follows: Discovery deadline will be 30 days after the Court rules on the pending motions to dismiss. Deadline for Dispositive Motions will be 60 days after the Court rules on the pending motions to dismiss. If counsel determine experts will be needed, they should contact chambers to schedule another hearing so dates for expert discovery can be factored into the schedule. APPEARANCES: Telephonic appearance by Boris Orlov and Grace Kim for Plaintiff. Telephonic appearance by Peter Kirsanow for Defendant Arizona Logistics Incorporated. Telephonic appearance by John Egbert for Defendant Larry Browne. Telephonic appearance by Sharon Stiller for Defendant Parts Authority Arizona LLC. (Court Reporter Jennifer Pancratz.) Hearing held 1:35 PM to 1:41 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 08/07/2019) |
| 168 | Oct 2, 2019 | View | NOTICE of Service of Discovery filed by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 10/02/2019) |
| 169 | Dec 13, 2019 | Request | NOTICE of Attorney Withdrawal of Grace A. Kim and Martin D. Cristopher Santos, filed by Grace A Kim. (Attachments: # 1 Proposed Order)(Kim, Grace) (Entered: 12/13/2019) |
| 170 | Dec 16, 2019 | View | ORDER re: 169 Notice of Attorney Withdrawal. Attorneys Grace A Kim and Martin D Cristopher Santos terminated. Signed by Judge Douglas L Rayes on 12/13/2019. (MMO) (Entered: 12/16/2019) |
| 171 | Jan 24, 2020 | Request | *NOTICE OF ATTORNEY APPEARANCE: Hailey McAllister appearing for Secretary of Labor, United States Department of Labor. (McAllister, Hailey) *Modified to correct filer on 1/27/2020 (DXD). (Entered: 01/24/2020) |
| 172 | Jan 27, 2020 | Request | NOTICE of Appearance by Paige Bree Pulley on behalf of Secretary of Labor, United States Department of Labor. (Pulley, Paige) (Entered: 01/27/2020) |
| 173 | Mar 24, 2020 | View | ORDER denying 150 Motion to Compel Arbitration or, in the Alternative, to Dismiss or Stay Claims; and denying 152 Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to Rule 12(b)(2). (See Order for details.) Signed by Judge Douglas L Rayes on 3/24/2020. (MMO) (Entered: 03/24/2020) |
| 174 | Apr 2, 2020 | Request | ANSWER to 142 Amended Complaint (First) by Larry Browne.(Egbert, John) (Entered: 04/02/2020) |
| 175 | Apr 2, 2020 | Request | MOTION to Stay DURING THE PENDENCY OF THE APPEAL OF THE DENIAL OF THE MOTION TO COMPEL ARBITRATION by Larry Browne. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher) (Entered: 04/02/2020) |
| 176 | Apr 2, 2020 | Request | MOTION for Certificate of Appealability MOTION TO AMEND AND CERTIFY ORDER FOR INTERLOCUTORY APPEAL OF RULING DENYING MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND FOR STAY PENDING APPEAL by Larry Browne.(Attachments: # 1 Text of Proposed Order)(Mason, Christopher) *Modified event type on 4/3/2020 (DXD). Modified on 11/19/2020 (RMV). (Entered: 04/02/2020) |
| 177 | Apr 16, 2020 | View | RESPONSE in Opposition re: 175 MOTION to Stay DURING THE PENDENCY OF THE APPEAL OF THE DENIAL OF THE MOTION TO COMPEL ARBITRATION, 176 MOTION for Certificate of Appealability filed by Secretary of Labor, United States Department of Labor. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Orlov, Boris) (Entered: 04/16/2020) |
| 178 | Apr 22, 2020 | Request | *NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 173 Order on Motion to Compel, Order on Motion to Dismiss/Lack of Jurisdiction by Larry Browne. Filing fee received: $505.00, receipt number 0970-18208459. (Egbert, John) *Modified to correct event on 4/23/2020 (DXD). (Entered: 04/22/2020) |
| 179 | Apr 23, 2020 | View | REPLY to Response to Motion re: 175 MOTION to Stay DURING THE PENDENCY OF THE APPEAL OF THE DENIAL OF THE MOTION TO COMPEL ARBITRATION filed by Larry Browne. (Mason, Christopher) (Entered: 04/23/2020) |
| 180 | Apr 23, 2020 | Request | REPLY to Response to Motion re: 176 MOTION for Certificate of Appealability filed by Larry Browne. (Mason, Christopher) (Entered: 04/23/2020) |
| 181 | Apr 23, 2020 | Request | USCA Case Number re: 178 Notice of Appeal. Case number 20-15765, Ninth Circuit. (LAD) (Entered: 04/23/2020) |
| 182 | May 1, 2020 | Request | MOTION to Vacate Summary Judgment Deadlines and Request for Telephone Status Conference by Parts Authority Arizona LLC. (Attachments: # 1 Text of Proposed Order)(Matheson, Michelle) (Entered: 05/01/2020) |
| 183 | May 1, 2020 | Request | MINUTE ORDER: Telephonic Status Conference re: 182 Motion to Vacate Summary Judgment Deadlines and Request for Telephone Status Conference set for 5/5/2020 at 04:00 PM before Judge Douglas L Rayes. Call-in information will be provided to the parties via separate email. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 05/01/2020) |
| 184 | May 5, 2020 | Request | NOTICE of Appearance by Eduard Meleshinsky on behalf of Secretary of Labor, United States Department of Labor. (Meleshinsky, Eduard) (Entered: 05/05/2020) |
| 185 | May 5, 2020 | Request | MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Status Conference held on 5/5/2020 re: 182 Motion to Vacate Summary Judgment Deadlines and Request for Telephone Status Conference. The Court finds that good cause exists because of the coronavirus and the impact it is having on individuals involved in this litigation and the 182 Motion to Vacate Summary Judgment Deadlines and Request for Telephone Status Conference is granted. Deadline for filing Dispositive motions is extended to 7/8/2020. APPEARANCES: Telephonic appearance by Boris Orlov, Paige Pulley and Eduard Meleshinsky for Plaintiff. Telephonic appearance by Michelle Matheson and Sharon Stiller for Defendant Parts Authority Arizona LLC. Telephonic appearance by Richard Hepp and Peter Kirsanow for Defendant Arizona Logistics Incorporated. Telephonic appearance by John Egbert for Defendant Larry Browne. (Court Reporter Jennifer Pancratz.) Hearing held 3:58 PM to 4:15 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 05/05/2020) |
| 186 | May 6, 2020 | Request | TRANSCRIPT REQUEST by Secretary of Labor, United States Department of Labor for proceedings held on 5/5/2020, Judge Douglas L Rayes hearing judge(s). (Orlov, Boris) (Entered: 05/06/2020) |
| 187 | May 6, 2020 | Request | NOTICE TO FILER OF DEFICIENCY re: AO435 186 Transcript Request filed by Secretary of Labor, United States Department of Labor. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. 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. (RAP) (Entered: 05/06/2020) |
| 188 | May 6, 2020 | Request | AMENDED TRANSCRIPT REQUEST pursuant to 187 Notice of Deficiency by Secretary of Labor, United States Department of Labor for proceedings held on 5/5/2020, Judge Douglas L Rayes hearing judge(s). (Orlov, Boris) (Entered: 05/06/2020) |
| 193 | May 8, 2020 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC STATUS CONFERENCE proceedings for date of 05/05/2020 before Judge DOUGLAS L. RAYES re: 178 Notice of Appeal. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/29/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/6/2020. (RAP) (Entered: 05/15/2020) |
| 189 | May 12, 2020 | Request | MOTION for Leave to File Sur-reply in Support of Plaintiff's Consolidated Opposition to Defendant Larry Browne's Motions to Certify Interlocutory Appeal and to Stay This Matter by Secretary of Labor, United States Department of Labor. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Orlov, Boris) (Entered: 05/12/2020) |
| 190 | May 12, 2020 | Request | LODGED Proposed Plaintiff Secretary of Labor's Sur-Reply in Support of Plaintiff's Consolidated Opposition to Defendant Larry Browne's Motions to Certify and Interlocutory Appeal and to Stay This Matter re: 189 MOTION for Leave to File Sur-reply in Support of Plaintiff's Consolidated Opposition to Defendant Larry Browne's Motions to Certify Interlocutory Appeal and to Stay This Matter. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 05/12/2020) |
| 191 | May 13, 2020 | Request | TRANSCRIPT REQUEST (3rd Party) by Maurice Bresenhan, Jr. of Zukowski, Bresenhan & Piazza LLP for proceedings held on 05/05/2020, Judge Douglas L Rayes hearing judge(s). (RAP) (Entered: 05/13/2020) |
| 192 | May 14, 2020 | Request | *(AMENDED TRANSCRIPT REQUEST FILED AT DOC. 195 ) - TRANSCRIPT REQUEST (3rd Party) by Maurice Bresenhan, Jr. of Zukowski, Bresenhan & Piazza LLP for proceedings held on 08/08/2018, Judge Douglas L Rayes hearing judge(s). (RAP) *Modified to reference amended version and create docket entry relationship on 5/18/2020 (RAP). (Entered: 05/14/2020) |
| 194 | May 15, 2020 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY HEARING proceedings for date of 08/08/2018 before Judge DOUGLAS L. RAYES re: 178 Notice of Appeal. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/5/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/13/2020. (RAP) (Entered: 05/15/2020) |
| 195 | May 15, 2020 | Request | AMENDED TRANSCRIPT REQUEST (3rd Party) by Maurice Bresenhan, Jr. of Zukowski, Bresenhan & Piazza LLP for proceedings held on 08/08/2018, Judge Douglas L Rayes hearing judge(s). Supersedes TOF filed at Doc. * 192 . (RAP) *Modified to create docket entry relationship on 5/18/2020 (RAP). (Entered: 05/18/2020) |
| 196 | May 22, 2020 | Request | NOTICE re: NOTICE THAT NO TRANSCRIPTS WILL BE ORDERED by Larry Browne . (Egbert, John) (Entered: 05/22/2020) |
| 197 | May 26, 2020 | Request | RESPONSE in Opposition re: 189 MOTION for Leave to File Sur-reply in Support of Plaintiff's Consolidated Opposition to Defendant Larry Browne's Motions to Certify Interlocutory Appeal and to Stay This Matter Or in the Alternative Request to File Rebuttal to Plaintiff's Sur-Reply filed by Larry Browne. (Attachments: # 1 Exhibit A, B and C)(Mason, Christopher) (Entered: 05/26/2020) |
| 198 | Jun 1, 2020 | Request | REPLY to Response to Motion re: 189 MOTION for Leave to File Sur-reply in Support of Plaintiff's Consolidated Opposition to Defendant Larry Browne's Motions to Certify Interlocutory Appeal and to Stay This Matter filed by Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 06/01/2020) |
| 199 | Jul 8, 2020 | Request | MOTION for Summary Judgment by Arizona Logistics Incorporated. (Maurer, Julie) (Entered: 07/08/2020) |
| 200 | Jul 8, 2020 | Request | STATEMENT OF FACTS re: 199 MOTION for Summary Judgment by Defendant Arizona Logistics Incorporated. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit)(Maurer, Julie) (Entered: 07/08/2020) |
| 201 | Jul 8, 2020 | Request | MOTION for Summary Judgment by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 07/08/2020) |
| 202 | Jul 8, 2020 | Request | STATEMENT OF FACTS re: 201 MOTION for Summary Judgment by Defendant Parts Authority Arizona LLC. (Attachments: # 1 Exhibit Exhibits 1-3, # 2 Exhibit Exhibits 4-9, # 3 Exhibit Exhibits 10-14, # 4 Exhibit Exhibits 15-20)(Matheson, Michelle) (Entered: 07/08/2020) |
| 203 | Jul 8, 2020 | View | MOTION for Partial Summary Judgment by Secretary of Labor, United States Department of Labor. (Attachments: # 1 Text of Proposed Order)(Pulley, Paige) (Entered: 07/08/2020) |
| 204 | Jul 8, 2020 | Request | STATEMENT OF FACTS re: 203 MOTION for Partial Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Pulley, Paige) (Entered: 07/08/2020) |
| 205 | Jul 8, 2020 | Request | MOTION for Summary Judgment by Larry Browne. (Mason, Christopher) (Entered: 07/08/2020) |
| 206 | Jul 8, 2020 | Request | DECLARATION of Boris Orlov re: 203 MOTION for Partial Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72)(Pulley, Paige) (Entered: 07/08/2020) |
| 207 | Jul 8, 2020 | Request | STATEMENT OF FACTS re: 205 MOTION for Summary Judgment by Defendant Larry Browne. (Attachments: # 1 Exhibit A-P)(Mason, Christopher) (Entered: 07/08/2020) |
| 208 | Jul 8, 2020 | Request | DECLARATION of Kristina Espinoza re: 203 MOTION for Partial Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Pulley, Paige) (Entered: 07/08/2020) |
| 209 | Jul 8, 2020 | Request | DECLARATION of Charmaine Zahler re: 203 MOTION for Partial Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Pulley, Paige) (Entered: 07/08/2020) |
| 210 | Jul 8, 2020 | Request | DECLARATION of Becky Benitez re: 203 MOTION for Partial Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Pulley, Paige) (Entered: 07/08/2020) |
| 211 | Jul 13, 2020 | Request | Joint MOTION for Extension of Time to File Response/Reply as to 203 MOTION for Partial Summary Judgment , 199 MOTION for Summary Judgment , 205 MOTION for Summary Judgment , 201 MOTION for Summary Judgment by Secretary of Labor, United States Department of Labor. (Attachments: # 1 Text of Proposed Order)(Orlov, Boris) (Entered: 07/13/2020) |
| 212 | Jul 15, 2020 | Request | ORDER granting 211 Joint Motion to Extend Time to File Oppositions to Summary Judgment Motions. The deadline for the last day to file oppositions to the 199 201 203 205 Motions for Summary Judgment is extended through and including 8/25/2020. Signed by Judge Douglas L Rayes on 7/14/2020. (MMO) (Entered: 07/15/2020) |
| 213 | Aug 25, 2020 | View | RESPONSE to Motion re: 203 MOTION for Partial Summary Judgment filed by Arizona Logistics Incorporated. (Maurer, Julie) *Modified to correct event on 9/24/2020 (DXD). (Entered: 08/25/2020) |
| 214 | Aug 25, 2020 | Request | RESPONSE to Motion re: 199 MOTION for Summary Judgment filed by Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 08/25/2020) |
| 215 | Aug 25, 2020 | Request | RESPONSE to Motion re: 201 MOTION for Summary Judgment filed by Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 08/25/2020) |
| 216 | Aug 25, 2020 | Request | RESPONSE to Motion re: 205 MOTION for Summary Judgment filed by Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 08/25/2020) |
| 217 | Aug 25, 2020 | Request | DECLARATION of Becky Benitez re: 214 Response to Motion for Summary Judgment, 215 Response to Motion for Summary Judgment, 216 Response to Motion for Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 08/25/2020) |
| 218 | Aug 25, 2020 | Request | STATEMENT of Controverting Facts in Opposition to Diligent's Motion for Summary Judgment re: 214 Response to Motion for Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 08/25/2020) |
| 219 | Aug 25, 2020 | Request | STATEMENT of Controverting Facts in Opposition to Parts Authority's Motion for Summary Judgment re: 215 Response to Motion for Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 08/25/2020) |
| 220 | Aug 25, 2020 | Request | STATEMENT of Controverting Facts in Opposition to Browne's Motion for Summary Judgment re: 216 Response to Motion for Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 08/25/2020) |
| 221 | Aug 25, 2020 | Request | STATEMENT OF STIPULATED FACTS re: 215 Response to Motion for Summary Judgment by Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 08/25/2020) |
| 222 | Aug 25, 2020 | Request | RESPONSE to Motion re: 203 MOTION for Partial Summary Judgment filed by Larry Browne. (Mason, Christopher) (Entered: 08/25/2020) |
| 223 | Aug 25, 2020 | Request | STATEMENT of Consolidated Additional Undisputed Facts In Support of Oppositions to Defendants' Motions for Summary Judgment re: 214 Response to Motion for Summary Judgment, 215 Response to Motion for Summary Judgment, 216 Response to Motion for Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 08/25/2020) |
| 224 | Aug 25, 2020 | Request | DECLARATION of Investigator Kristina Espinoza in Support of Plaintiff Secretary of Labor's Oppositions to Defendants' Summary Judgment Motions re: 214 Response to Motion for Summary Judgment, 215 Response to Motion for Summary Judgment, 216 Response to Motion for Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 08/25/2020) |
| 225 | Aug 25, 2020 | Request | DECLARATION of Boris Orlov in Support of Secretary's Oppositions to Defendants' Motions for Summary Judgment re: 214 Response to Motion for Summary Judgment, 215 Response to Motion for Summary Judgment, 216 Response to Motion for Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Attachments: # 1 Exhibit 76-79, # 2 Exhibit 80-86, # 3 Exhibit 87-92, # 4 Exhibit 93-99, # 5 Exhibit 100-104, # 6 Exhibit 105-119)(Orlov, Boris) (Entered: 08/25/2020) |
| 226 | Aug 25, 2020 | View | RESPONSE to Motion re: 203 MOTION for Partial Summary Judgment filed by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 08/25/2020) |
| 227 | Aug 25, 2020 | View | STATEMENT OF FACTS Joint Controverting Statement of Undisputed Facts by Defendants Arizona Logistics Incorporated, Larry Browne, Parts Authority Arizona LLC. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Exhibit 21-26)(Matheson, Michelle) (Entered: 08/25/2020) |
| 228 | Aug 25, 2020 | Request | DECLARATION of Investigator Becky Benitez in Support of Plaintiff Secretary of Labor's Oppositions to Defendants' Summary Judgment Motions re: 214 Response to Motion for Summary Judgment, 215 Response to Motion for Summary Judgment, 216 Response to Motion for Summary Judgment by Plaintiff Secretary of Labor, United States Department of Labor. (Orlov, Boris) (Entered: 08/25/2020) |
| 229 | Aug 25, 2020 | Request | Additional Attachments to Main Document re: 225 Declaration of Boris Orlov by Plaintiff Secretary of Labor, United States Department of Labor. (Attachments: # 1 Exhibit 73A, # 2 Exhibit 73B, # 3 Exhibit 73C, # 4 Exhibit 73D, # 5 Exhibit 73E, # 6 Exhibit 73F, # 7 Exhibit 73G, # 8 Exhibit 73H, # 9 Exhibit 73I, # 10 Exhibit 73J, # 11 Exhibit 74, # 12 Exhibit 75)(Meleshinsky, Eduard) (Entered: 08/25/2020) |
| 230 | Aug 25, 2020 | View | NOTICE of Errata re: 217 Declaration of Becky Benitez by Plaintiff Secretary of Labor, United States Department of Labor.. (Orlov, Boris) (Entered: 08/25/2020) |
| 231 | Aug 28, 2020 | Request | NOTICE of Errata re: 227 Statement of Facts by Defendant Parts Authority Arizona LLC. (Matheson, Michelle) *Modified linkage on 8/31/2020 (DXD). (Entered: 08/28/2020) |
| 232 | Aug 28, 2020 | Request | STATEMENT OF FACTS Joint Controverting Statement of Undisputed Facts by Defendants Arizona Logistics Incorporated, Larry Browne, Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 08/28/2020) |
| 233 | Sep 1, 2020 | Request | STIPULATION Extend Deadline to File Replies & Increase Page Limit by Parts Authority Arizona LLC. (Attachments: # 1 Text of Proposed Order)(Matheson, Michelle) (Entered: 09/01/2020) |
| 234 | Sep 1, 2020 | Request | ORDER pursuant to 233 Stipulation to Extend Deadline to File Reply Briefs and Increase Page Limit: The deadline for all parties to Reply is extended up to and including 9/23/2020. Signed by Judge Douglas L Rayes on 9/1/2020. (MMO) (Entered: 09/01/2020) |
| 235 | Sep 4, 2020 | View | NOTICE of Attorney Withdrawal of ELIZABETH DIANE WINIARSKI AS COUNSEL FOR DEFENDANT ARIZONA LOGISTICS, INC. filed by David Christian Clukey. (Clukey, David) (Entered: 09/04/2020) |
| 236 | Sep 23, 2020 | Request | *REPLY to Response to Motion re: 199 MOTION for Summary Judgment Reply in Support of Motion for Summary Judgment filed by Arizona Logistics Incorporated. (Maurer, Julie) *Modified to correct event on 9/24/2020 (DXD). (Entered: 09/23/2020) |
| 237 | Sep 23, 2020 | Request | REPLY to Response to Motion re: 201 MOTION for Summary Judgment filed by Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 09/23/2020) |
| 238 | Sep 23, 2020 | Request | ORDER denying 175 Motion to Stay Pending Appeal and denying 176 Motion for Certification of an Interlocutory Appeal. FURTHER ORDERED denying 189 Motion for Leave to File a Sur-Reply. See document for complete details. Signed by Judge Douglas L Rayes on 9/23/2020. (RMV) *Modified to correct typo in docket text on 10/4/2020 (RMV). *Modified to clarify docket text re: 176 Motion on 11/19/2020 (RMV). (Entered: 09/23/2020) |
| 239 | Sep 23, 2020 | Request | MOTION for Sanctions by Arizona Logistics Incorporated, Larry Browne, Parts Authority Arizona LLC. (Attachments: # 1 Text of Proposed Order)(Matheson, Michelle) (Entered: 09/23/2020) |
| 240 | Sep 23, 2020 | Request | REPLY to Response to Motion re: 203 MOTION for Partial Summary Judgment as to Defendant Browne (Doc. 222) filed by Secretary of Labor, United States Department of Labor. (Pulley, Paige) *Modified text on 9/24/2020 (DXD). (Entered: 09/23/2020) |
| 241 | Sep 23, 2020 | Request | REPLY to Response to Motion re: 203 MOTION for Partial Summary Judgment as to Defendant Arizona Logistics Incorporated (Doc. 213) filed by Secretary of Labor, United States Department of Labor. (Pulley, Paige) *Modified text on 9/24/2020 (DXD). (Entered: 09/23/2020) |
| 242 | Sep 23, 2020 | Request | REPLY to Response to Motion re: 203 MOTION for Partial Summary Judgment as to Parts Authority Arizona LLC (Doc. 226) filed by Secretary of Labor, United States Department of Labor. (Pulley, Paige) *Modified text on 9/24/2020 (DXD). (Entered: 09/23/2020) |
| 243 | Sep 23, 2020 | Request | REPLY to Response to Motion re: 205 MOTION for Summary Judgment filed by Larry Browne. (Mason, Christopher) (Entered: 09/23/2020) |
| 244 | Oct 6, 2020 | Request | RESPONSE in Opposition re: 239 MOTION for Sanctions filed by Secretary of Labor, United States Department of Labor. (Attachments: # 1 Affidavit of Boris Orlov and Exhibits 1-5)(Meleshinsky, Eduard) (Entered: 10/06/2020) |
| 245 | Oct 6, 2020 | Request | MOTION for Sanctions to Exclude Defendants' Untimely Second Expert Report Under Rule 37(c) by Secretary of Labor, United States Department of Labor. (Attachments: # 1 Affidavit of Boris Orlov, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Text of Proposed Order)(Meleshinsky, Eduard) (Entered: 10/06/2020) |
| 246 | Oct 7, 2020 | Request | NOTICE TO FILER OF DEFICIENCY re: 244 Response in Opposition to Motion. 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 signed by attorney Boris Orlov but submitted using the log-in and password belonging to attorney Eduard Meleshinsky. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) (Entered: 10/07/2020) |
| 247 | Oct 9, 2020 | Request | STIPULATION to Extend Deadline to File Reply re Motion for Sanctions by Parts Authority Arizona LLC. (Attachments: # 1 Text of Proposed Order)(Matheson, Michelle) (Entered: 10/09/2020) |
| 248 | Oct 14, 2020 | Request | ORDER - IT IS ORDERED that, pursuant to the parties' stipulation, the deadline for the Defendants to Reply in support of the Motion for Sanctions (Doc. 239 ) is extended up to and including October 20, 2020. Signed by Judge Douglas L Rayes on 10/13/2020. (WLP) (Entered: 10/14/2020) |
| 249 | Oct 20, 2020 | View | REPLY to Response to Motion re: 239 MOTION for Sanctions filed by Arizona Logistics Incorporated, Larry Browne, Parts Authority Arizona LLC. (Attachments: # 1 Exhibit Espinoza Depo Transcript, # 2 Exhibit FLSA2020-12)(Matheson, Michelle) (Entered: 10/20/2020) |
| 250 | Oct 20, 2020 | View | RESPONSE in Opposition re: 245 MOTION for Sanctions to Exclude Defendants' Untimely Second Expert Report Under Rule 37(c) filed by Arizona Logistics Incorporated, Larry Browne, Parts Authority Arizona LLC. (Matheson, Michelle) (Entered: 10/20/2020) |
| 251 | Oct 21, 2020 | Request | NOTICE TO FILER OF DEFICIENCY re: 249 Reply to Response to Motion and 250 Response in Opposition to Motion. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) (Entered: 10/21/2020) |
| 252 | Oct 27, 2020 | Request | REPLY to Response to Motion re: 245 MOTION for Sanctions to Exclude Defendants' Untimely Second Expert Report Under Rule 37(c) filed by Secretary of Labor, United States Department of Labor. (Meleshinsky, Eduard) (Entered: 10/27/2020) |
| 253 | Feb 1, 2021 | Request | NOTICE of Attorney Substitution by Julie E Maurer. (Maurer, Julie) (Entered: 02/01/2021) |