Seldon v. Magedson et al

Federal Civil Lawsuit Arizona District Court, Case No. 2:13-cv-00072-SPL
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Parties
No Logo PHILIP SELDON, Plaintiff
v.
No Logo Cheyenne Crow, Defendant
No Logo Irina Borisenko, Defendant
No Logo Xcentric Ventures, LLC, Defendant

Represented by Gingras Law Office, PLLC

Name Phone Fax E-Mail
Space David Scott Gingras +1 480 668 3623 +1 480 248 3196 david@gingraslaw.com

Represented by Jaburg & Wilk, PC

Name Phone Fax E-Mail
Space Maria Crimi Speth +1 602 248 1000 +1 602 248 0522 mcs@jaburgwilk.com
Attributes
Office Phoenix Division
Filed 1/10/2013
Jury Demand Both
Demand $345150000
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Breach of Contract
Jurisdiction Diversity
Disposition Judgment - Motion Before Trial
County XX US, Outside State
Terminated 2/27/2015
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Defendant Custody Status
Flags CLOSED,STD
Timeline
  Entries (68) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 68 Filed: 2/27/2015, Entered: 2/27/2015 Clerks Judgment
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed February 27, 2015, judgment of dismissal is entered. Plaintiff to take nothing and this action is hereby dismissed with prejudice. (LFIG)
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Legal Document (Payment Possibly Required) 67 Filed: 2/27/2015, Entered: 2/27/2015 OrderCourt Filing
ORDER that Defendants Edward Magedson, Ripoffreport.com, John Doe 1-10, and Jane Doe 1-10 are dismissed from this action with prejudice. ORDERED the Clerk of Court shall enter judgment dismissing this case in its entirety with prejudice. Signed by Judge Steven P Logan on 2/27/2015. (LFIG)
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Legal Document (Payment Possibly Required) 66 Filed: 2/27/2015, Entered: 2/27/2015 Order on Motion for Summary JudgmentCourt Filing
ORDER that Defendants' [50] Motion is granted in part and denied in part. To the extent Defendants seek summary judgment, the motion is granted. To the extent Defendants seek sanctions against Plaintiff, the motion is denied. ORDERED Plaintiff's [55], [58] Motions for Sanctions are denied. Signed by Judge Steven P Logan on 2/27/2015.(LFIG)
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Legal Document (Payment Possibly Required) 65 Filed: 7/1/2014, Entered: 7/1/2014 Notice of ReassignmentCourt Filing
Minute Order: NOTICE OF REASSIGNMENT. This matter is reassigned to Judge Steven P Logan for all further proceedings. All documents filed in this action should bear the initials SPL as part of the complete case number (see revised case number above). All pending deadlines and hearings are AFFIRMED unless reset by separate order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAR)
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Legal Document (Payment Possibly Required) 64 Filed: 6/16/2014, Entered: 6/16/2014 Notice (Other)
NOTICE to Court of New York State Supreme Court, Appellate Division by Irina Borisenko, Cheyenne Crow. (KMG)
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Legal Document (Payment Possibly Required) 63 Filed: 6/16/2014, Entered: 6/16/2014 Reply
REPLY (entitled "Reply to Defendants Summary Judgment Response and Notification...") re: [62] Reply to Response to Motion by Plaintiff Philip Seldon. (KMG)
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Legal Document (Payment Possibly Required) 62 Filed: 5/27/2014, Entered: 5/28/2014 Reply to Response to Motion
REPLY (entitled "Summary Judgment Response and Notification of Non-Compliance by Plaintiff re Response to Motion") to Motion re: [50] MOTION for Summary Judgment filed by Irina Borisenko, Cheyenne Crow. (KMG)
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Legal Document (Payment Possibly Required) 61 Filed: 5/7/2014, Entered: 5/7/2014 Response to Motion for Summary Judgment
RESPONSE in Opposition to Motion re: [50] MOTION for Summary Judgment filed by Philip Seldon. (KMG)
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Legal Document (Payment Possibly Required) 60 Filed: 5/1/2014, Entered: 5/2/2014 Service Executed
SERVICE EXECUTED filed by Philip Seldon: Certificate/"Affirmation" of Service re: Motions for Sanctions against Cheyenne Crow, Irina Borisenko, Maria Septn and David Gringas upon Cheyenne Crow, Irina Borisenko, Maria Septh and David Gingras on 3/31/14. (LSP)
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Legal Document (Payment Possibly Required) 59 Filed: 5/1/2014, Entered: 5/2/2014 Memorandum
MEMORANDUM/"Affirmation" in Support of [58] MOTION for Sanctions against Irina Borisenko by Plaintiff Philip Seldon. (LSP)
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Legal Document (Payment Possibly Required) 58 Filed: 5/1/2014, Entered: 5/2/2014 Motion for Sanctions
MOTION for Sanctions against Irina Borisenko by Philip Seldon. (LSP)
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Legal Document (Payment Possibly Required) 57 Filed: 5/1/2014, Entered: 5/2/2014 Service Executed
SERVICE EXECUTED filed by Philip Seldon: Certificate/"Affirmation" of Service re: Motion for Sanctions against Cheyenne Crow upon Cheyenne Crow, Irina Borisenko, Maria Septn and David Gringas on 3/31/14. (LSP)
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Legal Document (Payment Possibly Required) 56 Filed: 5/1/2014, Entered: 5/2/2014 Memorandum
MEMORANDUM/"Affirmation" in Support of [55] MOTION for Sanctions against Cheyenne Crow by Plaintiff Philip Seldon. (LSP)
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Legal Document (Payment Possibly Required) 55 Filed: 5/1/2014, Entered: 5/2/2014 Motion for Sanctions
MOTION for Sanctions against Cheyenne Crow by Philip Seldon. (LSP)
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Legal Document (Payment Possibly Required) 54 Filed: 4/23/2014, Entered: 4/23/2014 Withdrawal of Document
WITHDRAWAL OF DOCUMENT (Notice of) re: [51] MOTION to Amend/Correct [11] Amended Complaint by Plaintiff Philip Seldon. (KMG)
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Legal Document (Payment Possibly Required) 53 Filed: 4/15/2014, Entered: 4/15/2014 OrderCourt Filing
ORDER Plaintiff must file a response to Defendants' motion for summary judgment on or before May 9, 2014. Defendants may file a reply on or before May 23, 2014 in support of their motion for summary judgment. The motion for summary judgment will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Judge David G Campbell on 4/15/2014. (KMG)
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Legal Document (Payment Possibly Required) 52 Filed: 4/15/2014, Entered: 4/15/2014 Order on Motion for Summary JudgmentCourt Filing
ORDER Plaintiff's motion to amend (Doc. [45]) is denied. Defendant Xcentric's motion for summary judgment (Doc. [38]) is granted. Signed by Judge David G Campbell on 4/15/2014.(KMG)
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Legal Document (Payment Possibly Required) 51 Filed: 4/10/2014, Entered: 4/10/2014, Terminated: 4/23/2014 Motion to Amend/Correct
MOTION (Cross-Motion) to Amend/Correct [11] Amended Complaint by Philip Seldon. (KMG)
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Legal Document (Payment Possibly Required) 50 Filed: 3/24/2014, Entered: 3/25/2014 Motion for Summary Judgment
* MOTION for Summary Judgment originally docketed as a Motion for Sanctions and Contempt Against Plaintiff by Irina Borisenko, Cheyenne Crow. (KMG) *Modified to reflect Court ruling at doc.#[53] on 5/7/2014 (KMG).
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Legal Document (Payment Possibly Required) 49 Filed: 2/21/2014, Entered: 2/21/2014 Reply to Response to Motion
REPLY to Response to Motion re: [38] MOTION for Summary Judgment filed by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 48 Filed: 2/21/2014, Entered: 2/21/2014 Response in Opposition to Motion
RESPONSE in Opposition re: [45] MOTION to Amend/Correct [11] Amended Complaint filed by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 47 Filed: 2/7/2014, Entered: 2/7/2014 Service Executed
SERVICE EXECUTED filed by Philip Seldon: Certificate of Mailing re: Motion to Amend Complaint upon Maria Crimini Speth on 2/3/2014. (KMG)
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Legal Document (Payment Possibly Required) 46 Filed: 2/7/2014, Entered: 2/7/2014 Statement
STATEMENT of Affirmation in Support of Motion re: [45] MOTION to Amend/Correct [11] Amended Complaint by Plaintiff Philip Seldon. (Note: Second Amended Complaint attached) (KMG)
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Legal Document (Payment Possibly Required) 45 Filed: 2/7/2014, Entered: 2/7/2014, Terminated: 4/15/2014 Motion to Amend/Correct
MOTION (entitled "Cross-Motion") to Amend/Correct [11] Amended Complaint by Philip Seldon. (KMG)
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Legal Document (Payment Possibly Required) 44 Filed: 2/7/2014, Entered: 2/7/2014 Service Executed
SERVICE EXECUTED filed by Philip Seldon: Certificate of Mailing re: Response in Opposition to Motion for Summary Judgment upon Maria Crimini Speth on 2/3/2014. (KMG)
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Legal Document (Payment Possibly Required) 43 Filed: 2/7/2014, Entered: 2/7/2014 Response to Motion for Summary Judgment
RESPONSE (in Opposition) to Motion re: [38] MOTION for Summary Judgment filed by Philip Seldon. (KMG)
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Legal Document (Payment Possibly Required) 42 Filed: 1/16/2014, Entered: 1/16/2014 OrderCourt Filing
ORDER that Plaintiff must file a response to [38] Defendants's MOTION for Summary Judgment, no later than 2/7/14. Defendant may file a reply within 15 days after service of Plaintiff's response. Signed by Judge David G Campbell on 1/15/14. (Attachments: # (1) Notice re Electronic NEF). (LSP)
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Legal Document (Payment Possibly Required) 41 Filed: 12/16/2013, Entered: 12/17/2013 Notice (Other)
NOTICE re of Good Faith Settlement Talks by Irina Borisenko, Cheyenne Crow. (KMG)
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Legal Document (Payment Possibly Required) 40 Filed: 12/6/2013, Entered: 12/9/2013 Notice of Change of Address (Party)
NOTICE OF PARTY'S CHANGE OF ADDRESS by Irina Borisenko, Cheyenne Crow: PO Box 8401, Alexandria, VA 22306. (KMG)
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Legal Document (Payment Possibly Required) 39 Filed: 12/6/2013, Entered: 12/6/2013 Statement
STATEMENT re [38] MOTION for Summary Judgment STATEMENT OF FACTS IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT by Defendant Xcentric Ventures LLC. (Attachments: # (1) Exhibit, # (2) Exhibit)(Speth, Maria)
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Legal Document (Payment Possibly Required) 38 Filed: 12/6/2013, Entered: 12/6/2013, Terminated: 4/15/2014 Motion for Summary Judgment
MOTION for Summary Judgment by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 37 Filed: 12/5/2013, Entered: 12/5/2013 Report - Settlement Talks/Discussions
REPORT of Settlement Talks/Discussions by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 36 Filed: 11/22/2013, Entered: 11/25/2013 Objection
OPPOSITION/OBJECTION to Crow/Borisenko re [32] Stipulation to Extend Deadline for Completion of Good Faith Settlement Talks by Plaintiff Philip Seldon. (KMG)
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Legal Document (Payment Possibly Required) 35 Filed: 11/12/2013, Entered: 11/13/2013 Mail Returned
Mail Returned as Undeliverable. Mail sent to Cheyenne Crow. Reason for return: Box Closed; Unable to Forward. Document number 31. (LSP)
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Legal Document (Payment Possibly Required) 34 Filed: 11/8/2013, Entered: 11/8/2013 Joinder
*RESPONSE to re [32] Stipulation to Extend Deadline for Completion of Good Faith Settlement by Defendant Xcentric Ventures LLC filed by Xcentric Ventures LLC. (Speth, Maria) *Modified to correct event on 11/8/2013 (KMG).
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Legal Document (Payment Possibly Required) 33 Filed: 11/8/2013, Entered: 11/8/2013 Notice of Deposition
NOTICE of Deposition of Philip Seldon, filed by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 32 Filed: 11/7/2013, Entered: 11/7/2013, Terminated: 11/13/2013 Stipulation
STIPULATION to Extend Deadline for Completion of Good Faith Settlement Talks by Irina Borisenko, Cheyenne Crow. (KMG)
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Legal Document (Payment Possibly Required) 31 Filed: 11/7/2013, Entered: 11/7/2013 Order on StipulationCourt Filing
ORDER that the stipulation (Doc. [30]) is granted. The time for the parties to complete fact discovery and good faith settlement talks to November 11, 2013. Signed by Judge David G Campbell on 11/7/2013. (KMG)
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Legal Document (Payment Possibly Required) 30 Filed: 11/7/2013, Entered: 11/7/2013, Terminated: 11/7/2013 Stipulation
STIPULATION to Extend Deadlines for Completion of Fact Discovery and Good Faith Settlement Talks by Xcentric Ventures LLC. (Attachments: # (1) Text of Proposed Order Proposed Order)(Speth, Maria)
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Legal Document (Payment Possibly Required) 29 Filed: 10/7/2013, Entered: 10/8/2013 Mail Returned
Mail Returned as Undeliverable. Mail sent to Irina Borisenko. Reason for return: Insufficient Address. Document number 27. (KMG)
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Legal Document (Payment Possibly Required) 28 Filed: 10/7/2013, Entered: 10/8/2013 Mail Returned
Mail Returned as Undeliverable. Mail sent to Cheyenne Crow. Reason for return: Insufficient Address. Document number 27. (KMG)
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Legal Document (Payment Possibly Required) 27 Filed: 9/19/2013, Entered: 9/19/2013 Order on Motion to StrikeCourt Filing
ORDER Defendant's motion to strike the second amended complaint (Doc. [23]) is granted. Plaintiff's motion seeking leave to file second amended complaint (Doc. [25]) is denied. Signed by Judge David G Campbell on 9/19/2013.(KMG)
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Legal Document (Payment Possibly Required) 26 Filed: 7/31/2013, Entered: 7/31/2013 Response to Motion
RESPONSE to Motion re [25] MOTION to Amend/Correct [22] Amended Complaint filed by Edward Magedson, Xcentric Ventures LLC. (Gingras, David)
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Legal Document (Payment Possibly Required) 25 Filed: 7/19/2013, Entered: 7/22/2013 Motion to Amend/Correct
MOTION for Permission to File Second Amended Complaint [22] Second Amended Complaint by Philip Seldon. (KMG)
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Legal Document (Payment Possibly Required) 24 Filed: 7/19/2013, Entered: 7/22/2013 Response in Opposition to Motion
RESPONSE in Opposition re [23] MOTION to Strike [22] Amended Complaint filed by Philip Seldon. (KMG)
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Legal Document (Payment Possibly Required) 23 Filed: 7/1/2013, Entered: 7/1/2013, Terminated: 9/19/2013 Motion to Strike
MOTION to Strike [22] Amended Complaint by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 22 Filed: 6/17/2013, Entered: 6/18/2013 Amended Complaint
STRICKEN by doc.#27... SECOND AMENDED COMPLAINT against Irina Borisenko, Cheyenne Crow, Edward Magedson, Unknown Parties, Xcentric Ventures LLC, ripoffreport.com, filed by Philip Seldon.(KMG) Modified on 9/19/2013 (KMG).
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Legal Document (Payment Possibly Required) 21 Filed: 5/23/2013, Entered: 5/23/2013 Notice (Other)
NOTICE of Affirmation of Service by Philip Seldon re [20] Disclosure Statement. (KMG)
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Legal Document (Payment Possibly Required) 20 Filed: 5/23/2013, Entered: 5/23/2013 Statement
Disclosure STATEMENT Pursuant to Rule 26 by Plaintiff Philip Seldon. (KMG)
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Legal Document (Payment Possibly Required) 19 Filed: 5/22/2013, Entered: 5/22/2013 Notice (Other)
NOTICE re Certification re: Expedited Trial Alternative by Xcentric Ventures LLC . (Gingras, David)
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Legal Document (Payment Possibly Required) 18 Filed: 5/17/2013, Entered: 5/17/2013 Scheduling OrderCourt Filing
CASE MANAGEMENT ORDER: Discovery due by 11/8/2013. Dispositive motions due by 12/6/2013.. Signed by Judge David G Campbell on 5/17/2013. (see order for additional deadlines)(TCA)
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Legal Document (Payment Possibly Required) 17 Filed: 5/9/2013, Entered: 5/10/2013 Scheduling ConferenceCourt Filing
Minute Entry for proceedings held before Judge David G Campbell: Scheduling Conference held on 5/9/2013. Discussion held. Defendants Edward Magedson, Cheyenne Crow, and Irina Borisenko have not been served. Deadlines discussed. Court will enter a scheduling order. APPEARANCES: Telephonic appearance by Philip Seldon Pro Se Plaintiff. David Gingras for Defendant Xcentric Ventrues LLC. (Court Reporter Linda Schroeder.) Hearing held 4:53 PM to 5:12 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA)
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Legal Document (Payment Possibly Required) 16 Filed: 5/2/2013, Entered: 5/2/2013 Report - Rule 26(f) Planning Meeting (Proposed Case Mgt Plan)
REPORT of Rule 26(f) Planning Meeting by Xcentric Ventures LLC. (Gingras, David)
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Legal Document (Payment Possibly Required) 15 Filed: 4/2/2013, Entered: 4/2/2013 Answer to Amended Complaint
ANSWER to [11] Amended Complaint with Jury Demand by Xcentric Ventures LLC.(Speth, Maria)
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Legal Document (Payment Possibly Required) 14 Filed: 4/2/2013, Entered: 4/2/2013 OrderCourt Filing
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE for 5/9/2013 at 4:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 4/2/2013. (See Order for details.)(LFIG)
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Legal Document (Payment Possibly Required) 13 Filed: 3/29/2013, Entered: 3/29/2013 Answer to Amended Complaint
ANSWER to [11] Amended Complaint by Irina Borisenko, Cheyenne Crow.(LAD)
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Legal Document (Payment Possibly Required) 12 Filed: 3/29/2013, Entered: 3/29/2013 Order on Motion to QuashCourt Filing
ORDER that the [6] Motion to Quash Service is denied as moot. Signed by Judge David G Campbell on 3/29/2013.(LFIG)
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Legal Document (Payment Possibly Required) 11 Filed: 3/13/2013, Entered: 3/13/2013 Amended Complaint
* AMENDED COMPLAINT against All Defendants, filed by Philip Seldon.(LAD) (29 pages) * Modified to add page count on 3/13/2013 (LAD).
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Legal Document (Payment Possibly Required) 10 Filed: 3/13/2013, Entered: 3/13/2013 Response to Motion
* AMENDED RESPONSE to [6] MOTION to Quash service of process on Defendant Xcentric Ventures, LLC filed by Philip Seldon. (3 pages) (LAD) * Modified to add page count on 3/13/2013 (LAD).
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Legal Document (Payment Possibly Required) 9 Filed: 3/12/2013, Entered: 3/12/2013 Reply to Response to Motion
REPLY to Response to Motion re [6] MOTION to Quash service of process on Defendant Xcentric Ventures, LLC filed by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 8 Filed: 3/11/2013, Entered: 3/11/2013 Response in Opposition to Motion
RESPONSE in Opposition to [6] MOTION to Quash service of process on Defendant Xcentric Ventures, LLC filed by Philip Seldon. (3 pages) (LAD)
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Legal Document (Payment Possibly Required) 7 Filed: 3/11/2013, Entered: 3/11/2013 Summons Returned Executed
* SUMMONS Returned Executed: XCentric Ventures served 2/4/13 and Cheyenne Crow served on 2/27/2013. (LAD) (2 pages) * Modified to add page count on 3/11/2013 (LAD).
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Legal Document (Payment Possibly Required) 6 Filed: 2/25/2013, Entered: 2/25/2013, Terminated: 3/29/2013 Motion to Quash
MOTION to Quash service of process on Defendant Xcentric Ventures, LLC by Xcentric Ventures LLC. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order)(Speth, Maria)
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Legal Document (Payment Possibly Required) 5 Filed: 2/11/2013, Entered: 2/11/2013 Summons Returned Executed
SUMMONS Returned Executed by Philip Seldon. Xcentric Ventures LLC served on 2/4/2013. (KMG)
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Legal Document (Payment Possibly Required) 4 Filed: 1/28/2013, Entered: 1/28/2013 Summons Issued
Summons Issued as to Irina Borisenko, Cheyenne Crow, Edward Magedson, Xcentric Ventures LLC, ripoffreport.com. (HLA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Legal Document (Payment Possibly Required) 3 Filed: 1/10/2013, Entered: 1/11/2013 New Case OpenedCourt Filing
Filing fee paid, receipt number PHX129947. This case has been assigned to the Honorable David G. Campbell. All future pleadings or documents should bear the correct case number: CV-13-00072-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK)
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Legal Document (Payment Possibly Required) 2 Filed: 1/10/2013, Entered: 1/11/2013 Summons Submitted
SUMMONS Submitted by Philip Seldon. (REK)
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Complaint with OCR 1 Filed: 1/10/2013, Entered: 1/11/2013 Complaint
COMPLAINT. Filing fee received: $350.00, receipt number PHX 129947, filed by Philip Seldon. (Attachments: # (1) Civil Cover Sheet)(REK)
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