Zuniga v. Fiesta Pediatric Therapy Incorporated

Federal Civil Lawsuit Arizona District Court, Case No. 2:15-cv-01978
District Judge David K Duncan, presiding
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District Judge David K Duncan
Last Updated January 12, 2019 at 3:28 PM EST (7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo David M Reaves, Plaintiff

Represented by Jaburg & Wilk, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kraig J Marton +1 602 248 1000 +1 602 248 0522 kjm@jaburgwilk.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A Silence +1 602 248 1000 +1 602 248 0522 jxs@jaburgwilk.com
No Logo Joanne Zuniga, Plaintiff

Represented by Jaburg & Wilk, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kraig J Marton +1 602 248 1000 +1 602 248 0522 kjm@jaburgwilk.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A Silence +1 602 248 1000 +1 602 248 0522 jxs@jaburgwilk.com
No Logo Beth Williamson, Counter-Claimant

Represented by Jennings Strouss & Salmon PLC - Phoenix - Washington St

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Lindsay G Leavitt +1 602 262 5825 +1 602 495 2606 lleavitt@jsslaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Michael Mason +1 602 262 5817 +1 602 495 2627 cmason@jsslaw.com

Represented by schwartzlawfirmaz.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Louis Schwartz +1 480 902 3055 +1 480 471 8147 schwartz@schwartzlawfirmaz.com

Represented by The Nagi Law Firm Group LLC

Name Phone Fax E-Mail
TERMINATED: 01/06/2016, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Adam Byron Merrill +1 602 650 2000 +1 602 264 7033 ABMerrill@polsinelli.com
No Logo Fiesta Pediatric Therapy Incorporated, Counter-Claimant

Represented by Jennings Strouss & Salmon PLC - Phoenix - Washington St

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Lindsay G Leavitt +1 602 262 5825 +1 602 495 2606 lleavitt@jsslaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Michael Mason +1 602 262 5817 +1 602 495 2627 cmason@jsslaw.com

Represented by schwartzlawfirmaz.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Louis Schwartz +1 480 902 3055 +1 480 471 8147 schwartz@schwartzlawfirmaz.com

Represented by The Nagi Law Firm Group LLC

Name Phone Fax E-Mail
TERMINATED: 01/06/2016, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Adam Byron Merrill +1 602 650 2000 +1 602 264 7033 ABMerrill@polsinelli.com
No Logo Randy Williamson, Counter-Claimant

Represented by Jennings Strouss & Salmon PLC - Phoenix - Washington St

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Lindsay G Leavitt +1 602 262 5825 +1 602 495 2606 lleavitt@jsslaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Michael Mason +1 602 262 5817 +1 602 495 2627 cmason@jsslaw.com

Represented by schwartzlawfirmaz.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Louis Schwartz +1 480 902 3055 +1 480 471 8147 schwartz@schwartzlawfirmaz.com

Represented by The Nagi Law Firm Group LLC

Name Phone Fax E-Mail
TERMINATED: 01/06/2016, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Adam Byron Merrill +1 602 650 2000 +1 602 264 7033 ABMerrill@polsinelli.com
v.
No Logo Beth Williamson, Defendant

Represented by Jennings Strouss & Salmon PLC - Phoenix - Washington St

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Lindsay G Leavitt +1 602 262 5825 +1 602 495 2606 lleavitt@jsslaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Michael Mason +1 602 262 5817 +1 602 495 2627 cmason@jsslaw.com

Represented by schwartzlawfirmaz.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Louis Schwartz +1 480 902 3055 +1 480 471 8147 schwartz@schwartzlawfirmaz.com

Represented by The Nagi Law Firm Group LLC

Name Phone Fax E-Mail
TERMINATED: 01/06/2016, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Adam Byron Merrill +1 602 650 2000 +1 602 264 7033 ABMerrill@polsinelli.com
No Logo Fiesta Pediatric Therapy Incorporated, Defendant

Represented by Jennings Strouss & Salmon PLC - Phoenix - Washington St

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Michael Mason +1 602 262 5817 +1 602 495 2627 cmason@jsslaw.com

Represented by JENNINGS, STROUSS & SALMON, PLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Lindsay G Leavitt +1 602 262 5825 +1 602 495 2606 lleavitt@jsslaw.com

Represented by schwartzlawfirmaz.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Louis Schwartz +1 480 902 3055 +1 480 471 8147 schwartz@schwartzlawfirmaz.com

Represented by The Nagi Law Firm Group LLC

Name Phone Fax E-Mail
TERMINATED: 01/06/2016, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Adam Byron Merrill +1 602 650 2000 +1 602 264 7033 ABMerrill@polsinelli.com
No Logo Randy Williamson, Defendant

Represented by Jennings Strouss & Salmon PLC - Phoenix - Washington St

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Lindsay G Leavitt +1 602 262 5825 +1 602 495 2606 lleavitt@jsslaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Michael Mason +1 602 262 5817 +1 602 495 2627 cmason@jsslaw.com

Represented by schwartzlawfirmaz.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Louis Schwartz +1 480 902 3055 +1 480 471 8147 schwartz@schwartzlawfirmaz.com

Represented by The Nagi Law Firm Group LLC

Name Phone Fax E-Mail
TERMINATED: 01/06/2016, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Adam Byron Merrill +1 602 650 2000 +1 602 264 7033 ABMerrill@polsinelli.com
No Logo David M Reaves, Counter-Defendant

Represented by Jaburg & Wilk, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kraig J Marton +1 602 248 1000 +1 602 248 0522 kjm@jaburgwilk.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A Silence +1 602 248 1000 +1 602 248 0522 jxs@jaburgwilk.com
No Logo Joanne Zuniga, Counter-Defendant

Represented by Jaburg & Wilk, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kraig J Marton +1 602 248 1000 +1 602 248 0522 kjm@jaburgwilk.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A Silence +1 602 248 1000 +1 602 248 0522 jxs@jaburgwilk.com
Other Parties
No Logo Maria Singh, Material Witness

Represented by Maria Singh

Name Phone Fax E-Mail
Space Maria Singh +1 602 736 7495

Represented by Robaina & Kresin PLLC

Name Phone Fax E-Mail
TERMINATED: 01/26/2017, LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Charles Kresin +1 602 682 6450 +1 602 682 6455 dck@robainalaw.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 710 - Labor: Fair Labor Standards Act
Timeline
  Entries (202) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 202 Filed: 8/3/2018, Entered: None Notice - Other
NOTICE re: Notice of Bankruptcy by Beth Williamson . (Attachments: # 1 Exhibit)(Nussbaum, Randy) (Entered: 08/03/2018)
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Legal Document (Payment Possibly Required) 201 Filed: 6/27/2018, Entered: None clerk's judgment
AMENDED CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed June 25, 2018, judgment is entered in favor of plaintiff and against defendants in the amount of $ 322,914.36. (EJA) (Entered: 06/27/2018)
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Legal Document (Payment Possibly Required) 200 Filed: 6/25/2018, Entered: None clerk's judgment
*Amended by (Doc. 201 ) CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed June 25, 2018, judgment is entered in favor of plaintiff and against defendant in the amount of $ 322,914.36. (EJA) Modified on 6/27/2018 (EJA). (Entered: 06/25/2018)
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Legal Document (Payment Possibly Required) 199 Filed: 6/25/2018, Entered: None Order on Motion for attorney feesCourt Filing
ORDER pursuant to 193 Motion for Attorney Fees: Plaintiff is awarded $322,914.36 in fees and non-taxable costs. FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Magistrate Judge David K Duncan on 6/22/18. (EJA) (Entered: 06/25/2018)
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Legal Document (Payment Possibly Required) 198 Filed: 6/8/2018, Entered: None Reply to Response to motion
REPLY to Response to Motion re: 193 MOTION for Attorney Fees and Non-Taxable Costs filed by Joanne Zuniga. (Silence, Jeffrey) (Entered: 06/08/2018)
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Legal Document (Payment Possibly Required) 197 Filed: 5/31/2018, Entered: None Costs Taxed
Taxation Judgment in amount of $3,512.10 against defendant. Signed by Chief Deputy Clerk Michael O'Brien on 5/31/2018. (CSM) (Entered: 05/31/2018)
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Legal Document (Payment Possibly Required) 196 Filed: 5/29/2018, Entered: None Notice - Other
*WITHDRAWAL OF DOCUMENT re: 192 MOTION to Produce Defendants' billing reports by Joanne Zuniga. (Silence, Jeffrey) *Modified to correct event on 5/30/2018 (DXD). (Entered: 05/29/2018)
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Legal Document (Payment Possibly Required) 195 Filed: 5/25/2018, Entered: None Response to motion
RESPONSE to Motion re: 193 MOTION for Attorney Fees and Non-Taxable Costs filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit Attachment)(Schwartz, Michael) (Entered: 05/25/2018)
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Legal Document (Payment Possibly Required) 194 Filed: 5/14/2018, Entered: None Notice - Other
NOTICE re: Late Filing of Motion for Fees and Non-Taxable Costs by Joanne Zuniga re: 193 MOTION for Attorney Fees and Non-Taxable Costs . (Silence, Jeffrey) (Entered: 05/14/2018)
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Legal Document (Payment Possibly Required) 193 Filed: 5/14/2018, Entered: None Attorney Fees
MOTION for Attorney Fees and Non-Taxable Costs by Joanne Zuniga. (Attachments: # 1 Exhibit, # 2 Exhibit)(Silence, Jeffrey) (Entered: 05/14/2018)
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Legal Document (Payment Possibly Required) 192 Filed: 5/11/2018, Entered: None Produce
**Withdrawn per Doc 196 MOTION to Produce Defendants' billing reports by Joanne Zuniga. (Attachments: # 1 Text of Proposed Order)(Silence, Jeffrey) Modified on 5/30/2018 (DXD). (Entered: 05/11/2018)
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Legal Document (Payment Possibly Required) 191 Filed: 5/11/2018, Entered: None Bill of Costs
BILL OF COSTS by Joanne Zuniga. (Attachments: # 1 Exhibit)(Silence, Jeffrey) (Entered: 05/11/2018)
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Legal Document (Payment Possibly Required) 190 Filed: 4/30/2018, Entered: None Unknown Document Type
NOTICE TO FILER OF DEFICIENCY re: 187 MOTION to Withdraw as Attorney and 188 Notice. 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: 05/01/2018)
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Legal Document (Payment Possibly Required) 189 Filed: 4/30/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting 187 Motion to Withdraw as Attorney. Attorney Lindsay G Leavitt and Christopher Michael Mason are terminated as attorneys of record for Defendants Fiesta Pediatric Therapy, LLC, Beth Williamson, and Randy Williamson. Signed by Magistrate Judge David K Duncan on 4/30/18. (DXD) (Entered: 04/30/2018)
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Legal Document (Payment Possibly Required) 188 Filed: 4/30/2018, Entered: None Unknown Document Type
NOTICE re: Notice of Non-Objection to Christopher Mason's and Lindsay Leavitt's Motion to Withdraw as Co-Counsel by Joanne Zuniga re: 187 MOTION to Withdraw as Attorney JENNINGS STROUSS & SALMON, P.L.C.S MOTION TO WITHDRAW AS CO-COUNSEL . (Marton, Kraig) (Entered: 04/30/2018)
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Legal Document (Payment Possibly Required) 187 Filed: 4/30/2018, Entered: None Unknown Document Type
MOTION to Withdraw as Attorney JENNINGS STROUSS & SALMON, P.L.C.S MOTION TO WITHDRAW AS CO-COUNSEL by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher) (Entered: 04/30/2018)
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Legal Document (Payment Possibly Required) 186 Filed: 4/27/2018, Entered: None Unknown Document TypeCourt Filing
FINAL JUDGMENT - Judgment is entered in favor of Joanne Zuniga and against Defendants Fiesta Pediatric Therapy, Inc., Beth Williamson individually, and Beth Williamson and Randy Williamson, as then husband and wife, for damages in the principal amount of $15,450.016, which represents payment of overtime wages in the amount of $7,725.08, plus liquidated damages thereon. Interest will accrue at the federal legal rate 2.08% per annum from the date of this Judgment until paid in full. Defendants' counter claims against Plaintiff Zuniga for violation of the Computer Fraud and Abuse Act, breach of her duty of loyalty, and misappropriation are dismissed. This Final Judgment resolves all claims against all parties. Joanne Zuniga is directed to file a Motion for an Award of Attorney Fees and nontaxable expenses pursuant to LRCiv 54.2 and a bill of taxable costs pursuant to LRCiv 54.1 within 14 days from entry of this Final Judgment. Signed by Magistrate Judge David K Duncan on 4/27/18. (DXD) (Entered: 04/27/2018)
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Legal Document (Payment Possibly Required) 185 Filed: 4/26/2018, Entered: None Unknown Document Type
RESPONSE re: 182 Notice (Other) [Defendants/ Counterclaimants Objection and Response to Plaintiffs Notice of Lodging Proposed Final Judgment Resolving All Claims Against All Parties And Supplemental Briefing as to Why Beth Williamson And Randy Williamson Should Be Held Individually Liable] by Defendants Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 04/26/2018)
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Legal Document (Payment Possibly Required) 184 Filed: 4/25/2018, Entered: None Unknown Document TypeCourt Filing
NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of TRIAL TO THE COURT - COURT RULING/CLOSING ARGUMENT proceedings held on 04/05/2018, before Magistrate Judge David K. Duncan. (Transcriber: 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 5/16/2018. Redacted Transcript Deadline set for 5/29/2018. Release of Transcript Restriction set for 7/24/2018. (RAP) (Entered: 04/25/2018)
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Legal Document (Payment Possibly Required) 183 Filed: 4/19/2018, Entered: None Unknown Document Type
NOTICE TO FILER OF DEFICIENCY re: 182 Notice. 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: 04/20/2018)
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Legal Document (Payment Possibly Required) 182 Filed: 4/19/2018, Entered: None Unknown Document Type
NOTICE re: Lodging Proposed Final Judgment by Joanne Zuniga . (Attachments: # 1 Text of Proposed Order)(Silence, Jeffrey) (Entered: 04/19/2018)
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Legal Document (Payment Possibly Required) 181 Filed: 4/13/2018, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT REQUEST by Joanne Zuniga for proceedings held on 4/5/2018, Magistrate Judge David K Duncan hearing judge(s). (Silence, Jeffrey) (Entered: 04/13/2018)
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Legal Document (Payment Possibly Required) 180 Filed: 4/5/2018, Entered: None Unknown Document Type
Exhibit List by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (LAD) (Entered: 04/06/2018)
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Legal Document (Payment Possibly Required) 179 Filed: 4/5/2018, Entered: None Unknown Document Type
Witness List by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (LAD) (Entered: 04/06/2018)
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Legal Document (Payment Possibly Required) 178 Filed: 4/5/2018, Entered: None Unknown Document Type
Exhibit List by Joanne Zuniga. (LAD) (Entered: 04/06/2018)
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Legal Document (Payment Possibly Required) 177 Filed: 4/5/2018, Entered: None Unknown Document Type
Witness List by Joanne Zuniga. (LAD) (Entered: 04/06/2018)
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Legal Document (Payment Possibly Required) 176 Filed: 4/5/2018, Entered: None Unknown Document TypeCourt Filing
MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Bench Trial (Day 4) completed on 4/5/2018. The Court makes its preliminary decision known. Argument is heard. IT IS ORDERED denying Plaintiff's request to decide today whether Mrs. Williamson is also an employer under the statute. Further argument is heard. The Court affirms its preliminary view as the trial verdict of the Court in favor of Plaintiff. IT IS ORDERED Plaintiff shall submit a proposed form of verdict consistent with what the Court pronounced within 14 days. Included with the proposed form of verdict Plaintiff shall attach argument as to why the trial demonstrates that Mr. and Mrs. Williamson should be included in the judgment to which Defendants shall have seven days to respond. The Court's finding as to Defendants' estoppel motion is set forth on the record. (Court Reporter Linda Schroeder.) See attached PDF for complete details. Hearing held 9:05 AM to 2:26 PM.(LAD) (Entered: 04/06/2018)
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Legal Document (Payment Possibly Required) 175 Filed: 4/4/2018, Entered: None Unknown Document TypeCourt Filing
MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Bench Trial (Day 3) held on 4/4/2018. (Court Reporter Linda Schroeder.) See attached PDF for complete details. Hearing held 9:02 AM to 4:44 PM. (LAD) (Entered: 04/05/2018)
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Legal Document (Payment Possibly Required) 174 Filed: 4/3/2018, Entered: None Unknown Document TypeCourt Filing
*MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Bench Trial (Day 2) held on 4/3/2018. Discussion is held regarding the trial schedule. (Court Reporter Linda Schroeder.) See attached PDF for complete details. Hearing held 9:03 AM to 4:58 PM. (LAD) *Modified to correct file date from 4/5/18 to 4/3/18; NEF regenerated on 4/6/2018 (LAD)/(SCH). (Entered: 04/05/2018)
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Legal Document (Payment Possibly Required) 173 Filed: 4/2/2018, Entered: None Unknown Document TypeCourt Filing
MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Bench Trial (Day 1) begun on 4/2/2018. Argument is heard regarding Defendants' objection to newly-disclosed evidence produced on March 30, 2018. IT IS ORDERED excluding the evidence. Defendants request to allow Defendant, Randy Williams, to return to work. For the reasons set forth on the record, the Court will allow the Defendant to leave during trial if he so chooses. Opening Statements. Upon stipulation of the parties Plaintiffs Exhibits 1, 3, 6, 8, 9, 10, 13 and 14 are received inevidence.Joanne Zuniga is sworn and examined. Argument is heard regarding Defendants' objection to testimony regarding Maria Singh. IT IS ORDERED sustaining the objection. Plaintiff's Exhibit 5 is received in evidence. 4:56 PM Court stands in recess. (Court Reporter Linda Schroeder.) See attached PDF for complete details. Hearing held 9:05 AM to 4:56 PM. (LAD) (Entered: 04/05/2018)
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Legal Document (Payment Possibly Required) 172 Filed: 3/12/2018, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT REQUEST by Joanne Zuniga for proceedings held on 12/21/2017, Magistrate Judge David K Duncan hearing judge(s). (Silence, Jeffrey) (Entered: 03/12/2018)
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Legal Document (Payment Possibly Required) 171 Filed: 2/27/2018, Entered: None Unknown Document TypeCourt Filing
FINAL PRETRIAL ORDER: The Revised Final Pretrial Order 170 jointly submitted by the parties is hereby APPROVED and ADOPTED as the official Pretrial Order of this Court. IT IS FURTHER ORDERED setting a bench trial for April 2, 2018, at 9:00 a.m., courtroom 305. Signed by Magistrate Judge David K Duncan on 2/27/2018. (REK) (Entered: 02/27/2018)
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Legal Document (Payment Possibly Required) 170 Filed: 2/20/2018, Entered: None Unknown Document Type
*NOTICE of Filing - Revised Final Pretrial Order by Joanne Zuniga . (Marton, Kraig) *Modified to correct event; attorney noticed on 2/21/2018 (SLQ). (Entered: 02/20/2018)
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Legal Document (Payment Possibly Required) 169 Filed: 1/5/2018, Entered: None Unknown Document TypeCourt Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL PRETRIAL CONFERENCE proceedings held on 12/21/2017, before Magistrate Judge David K. Duncan. (Transcriber: Robin G. Bobbie). 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 1/26/2018. Redacted Transcript Deadline set for 2/5/2018. Release of Transcript Restriction set for 4/5/2018. (RAP) (Entered: 01/09/2018)
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Legal Document (Payment Possibly Required) 168 Filed: 1/3/2018, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT REQUEST by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson for proceedings held on December 21, 2017, Magistrate Judge David K Duncan hearing judge(s). (Mason, Christopher) (Entered: 01/03/2018)
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Legal Document (Payment Possibly Required) 167 Filed: 12/21/2017, Entered: None Unknown Document TypeCourt Filing
MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Final Pretrial Conference held on 12/21/2017. APPEARANCES: Kraig Marton and Jeffrey Silence for and with Plaintiff, Joanne Zuniga Christopher Mason and Michael Schwartz for Defendants and with Defendant, Beth Williamson. IT IS FURTHER ORDERED denying 159 Plaintiff's Motion to Allow Witness to Testify via Video Conference; denying 156 Plaintiff's Motion in Limine No. 1 Re: Plaintiff's Prior Bankruptcy; granting 158 Defendants' Motion in Limine No. 1 to Exclude Plaintiff's Exhibit 2; granting 163 Joint Motion to Correct Designation of Admissible Exhibits on Joint Pretrial Statement; and granting 164 Plaintiff's Motion to Supplement Her Portion of Joint Proposed Pre-Trial Order with Explanation for Objections to Defendants' Exhibits. See PDF document for further details. (Recorded by COURTSMART.) Hearing held 9:04 AM to 9:44 AM.(LSP) (Entered: 12/28/2017)
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Legal Document (Payment Possibly Required) 166 Filed: 12/20/2017, Entered: None Unknown Document Type
RESPONSE to Motion re: 164 MOTION to Supplement Joint Proposed Pretrial Order filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 12/20/2017)
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Legal Document (Payment Possibly Required) 165 Filed: 12/18/2017, Entered: None Unknown Document Type
RESPONSE to Motion re: 159 MOTION witness to testify via video conference at bench trial filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 12/18/2017)
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Legal Document (Payment Possibly Required) 164 Filed: 12/15/2017, Entered: None Unknown Document Type
*MOTION to Supplement Joint Proposed Pretrial Order by Joanne Zuniga. (Attachments: # 1 Text of Proposed Order)(Marton, Kraig) *Document is not in compliance with LRCiv 7.1(c); attorney notified on 12/15/2017 (LSP). (Entered: 12/15/2017)
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Legal Document (Payment Possibly Required) 163 Filed: 12/15/2017, Entered: None Unknown Document Type
MOTION correct designation of admissible exhibits re: 154 Notice of Filing - Proposed Pretrial Order by Joanne Zuniga. (Attachments: # 1 Text of Proposed Order)(Marton, Kraig) (Entered: 12/15/2017)
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Legal Document (Payment Possibly Required) 162 Filed: 12/12/2017, Entered: None Unknown Document Type
NOTICE re: OF SERVICE OF OFFER OF JUDGMENT by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson . (Mason, Christopher) (Entered: 12/12/2017)
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Legal Document (Payment Possibly Required) 161 Filed: 12/7/2017, Entered: None Unknown Document Type
RESPONSE to Motion re: 156 MOTION in Limine re: Plaintiff's Prior Bankruptcy filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 12/07/2017)
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Legal Document (Payment Possibly Required) 160 Filed: 12/7/2017, Entered: None Unknown Document Type
RESPONSE to Motion re: 158 First MOTION in Limine re: TO EXCLUDE PLAINTIFFS EXHIBIT 2 filed by Joanne Zuniga. (Marton, Kraig) (Entered: 12/07/2017)
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Legal Document (Payment Possibly Required) 159 Filed: 12/4/2017, Entered: None Unknown Document Type
MOTION witness to testify via video conference at bench trial by Joanne Zuniga. (Attachments: # 1 Text of Proposed Order)(Marton, Kraig) (Entered: 12/04/2017)
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Legal Document (Payment Possibly Required) 158 Filed: 11/30/2017, Entered: None Unknown Document Type
First MOTION in Limine re: TO EXCLUDE PLAINTIFFS EXHIBIT 2 by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 11/30/2017)
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Legal Document (Payment Possibly Required) 157 Filed: 11/30/2017, Entered: None Unknown Document Type
*AMENDED DOCUMENT re 153 Proposed Findings of Fact by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) *Modified to correct event type and to add document number on 12/1/2017 (LSP). (Entered: 11/30/2017)
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Legal Document (Payment Possibly Required) 156 Filed: 11/30/2017, Entered: None Unknown Document Type
MOTION in Limine re: Plaintiff's Prior Bankruptcy by Joanne Zuniga. (Marton, Kraig) (Entered: 11/30/2017)
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Legal Document (Payment Possibly Required) 155 Filed: 11/30/2017, Entered: None Unknown Document Type
PROPOSED FINDINGS OF FACT by Plaintiff Joanne Zuniga. (Marton, Kraig) (Entered: 11/30/2017)
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Legal Document (Payment Possibly Required) 154 Filed: 11/30/2017, Entered: None Unknown Document Type
NOTICE of Filing - Proposed Pretrial Order filed by Joanne Zuniga (Attachments: # 1 Text of Proposed Order)(Marton, Kraig) (Entered: 11/30/2017)
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Legal Document (Payment Possibly Required) 153 Filed: 11/30/2017, Entered: None Unknown Document Type
Proposed Findings of Fact by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 11/30/2017)
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Legal Document (Payment Possibly Required) 152 Filed: 11/21/2017, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Joanne Zuniga. (Marton, Kraig) (Entered: 11/21/2017)
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Legal Document (Payment Possibly Required) 151 Filed: 10/20/2017, Entered: None Unknown Document TypeCourt Filing
ORDER setting Final Pretrial Conference set for 12/21/2017 at 09:00 AM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K Duncan. Proposed Pretrial Order due by 11/30/2017. See PDF document for details. Signed by Magistrate Judge David K Duncan on 10/20/17. (LSP) (Entered: 10/20/2017)
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Legal Document (Payment Possibly Required) 150 Filed: 9/29/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting in part and denying in part 124 Plaintiff's Motion for Summary Judgement and 121 Defendants' Motion for Summary Judgement. The Counter-Complaint shall be dismissed in full. The Court will enter a separate order for pre-trial deadlines on Plaintiff's remaining claims. IT IS FURTHER ORDERED granting 117 Plaintiff's Rule 41(a)(2) Motion to Dismiss David M. Reaves, Chapter 7 Bankruptcy Trustee. Trustee Reaves shall be dismissed with prejudice as both Plaintiff and Counter-Defendant from this case. IT IS FURTHER ORDERED granting in part and denying in part 111 Defendants' Motion to Disqualify. See PDF document for details. Signed by Magistrate Judge David K Duncan on 9/29/17.(LSP) (Entered: 09/29/2017)
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Legal Document (Payment Possibly Required) 149 Filed: 5/22/2017, Entered: None Unknown Document Type
REPLY to Response to Motion re: 121 MOTION for Summary Judgment filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (LSP) (Entered: 05/22/2017)
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Legal Document (Payment Possibly Required) 148 Filed: 5/22/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 146 Defendants'/Counterclaimants' Motion for Leave to File Excess Pages. Signed by Magistrate Judge David K Duncan on 5/22/17.(LSP) (Entered: 05/22/2017)
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Legal Document (Payment Possibly Required) 147 Filed: 5/19/2017, Entered: None Unknown Document Type
*Filed at (Doc. 149 )--LODGED Proposed Reply re: 146 MOTION for Leave to File Excess Pages for Defendants Reply in Support of Their Motion for Summary Judgment. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Mason, Christopher) Modified on 5/22/2017 (LSP). (Entered: 05/19/2017)
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Legal Document (Payment Possibly Required) 146 Filed: 5/19/2017, Entered: None Unknown Document Type
MOTION for Leave to File Excess Pages for Defendants Reply in Support of Their Motion for Summary Judgment by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher) (Entered: 05/19/2017)
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Legal Document (Payment Possibly Required) 145 Filed: 5/19/2017, Entered: None Unknown Document Type
REPLY re: 136 Statement of Facts by Plaintiff Joanne Zuniga. (Marton, Kraig) (Entered: 05/19/2017)
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Legal Document (Payment Possibly Required) 144 Filed: 5/19/2017, Entered: None Unknown Document Type
REPLY to Response to Motion re: 124 MOTION for Summary Judgment filed by Joanne Zuniga. (Marton, Kraig) (Entered: 05/19/2017)
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Legal Document (Payment Possibly Required) 143 Filed: 5/10/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 142 parties' Stipulation for Extension of Time for Parties to File Replies to Cross Motions for Summary Judgment. The deadline is extended from May 12, 2017 to May 19, 2017. Signed by Magistrate Judge David K Duncan on 5/10/17. (LSP) (Entered: 05/10/2017)
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Legal Document (Payment Possibly Required) 142 Filed: 5/9/2017, Entered: None Unknown Document Type
STIPULATION re: 138 Response to Motion for Summary Judgment, 139 Response to Motion for Summary Judgment STIPULATION FOR EXTENSION OF TIME FOR PARTIES TO FILE REPLIES TO CROSS MOTIONS FOR SUMMARY JUDGMENT (Second Request) by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher) (Entered: 05/09/2017)
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Legal Document (Payment Possibly Required) 141 Filed: 5/4/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 140 Stipulation. The deadline for the parties to file their respective replies to the pending Cross Motions for Summary Judgment is extended from May 5, 2017 to May 12, 2017. Signed by Magistrate Judge David K Duncan on 05/04/2017. (KAS) (Entered: 05/04/2017)
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Legal Document (Payment Possibly Required) 140 Filed: 5/4/2017, Entered: None Unknown Document Type
STIPULATION re: 138 Response to Motion for Summary Judgment, 139 Response to Motion for Summary Judgment by Joanne Zuniga. (Attachments: # 1 Text of Proposed Order)(Marton, Kraig) (Entered: 05/04/2017)
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Legal Document (Payment Possibly Required) 139 Filed: 4/21/2017, Entered: None Unknown Document Type
RESPONSE to Motion re: 124 MOTION for Summary Judgment filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (KAS) (Entered: 04/21/2017)
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Legal Document (Payment Possibly Required) 138 Filed: 4/21/2017, Entered: None Unknown Document Type
RESPONSE to Motion re: 121 MOTION for Summary Judgment filed by Joanne Zuniga. (KAS) (Entered: 04/21/2017)
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Legal Document (Payment Possibly Required) 137 Filed: 4/21/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 131 Motion for Leave to File Excess Pages and granting 134 Motion for Leave to File Excess Pages. Signed by Magistrate Judge David K Duncan on 04/21/2017.(KAS) (Entered: 04/21/2017)
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Legal Document (Payment Possibly Required) 136 Filed: 4/20/2017, Entered: None Unknown Document Type
STATEMENT OF FACTS re: 124 MOTION for Summary Judgment by Counter Claimants Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson, Defendants Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 04/20/2017)
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Legal Document (Payment Possibly Required) 135 Filed: 4/20/2017, Entered: None Unknown Document Type
*Filed at (Doc. 139 ) LODGED Proposed DEFENDANTS/ COUNTERCLAIMANTS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT re: 134 MOTION for Leave to File Excess Pages for DEFENDANTS RESPONSE TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) Modified on 4/21/2017 (KAS). (Entered: 04/20/2017)
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Legal Document (Payment Possibly Required) 134 Filed: 4/20/2017, Entered: None Unknown Document Type
MOTION for Leave to File Excess Pages for DEFENDANTS RESPONSE TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher) (Entered: 04/20/2017)
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Legal Document (Payment Possibly Required) 133 Filed: 4/20/2017, Entered: None Unknown Document Type
STATEMENT OF FACTS re: 121 MOTION for Summary Judgment by Plaintiff Joanne Zuniga. (Marton, Kraig) (Entered: 04/20/2017)
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Legal Document (Payment Possibly Required) 132 Filed: 4/20/2017, Entered: None Unknown Document Type
* Filed at (Doc. 138 ) LODGED Proposed Zuniga's Response to Defendants' Motion for Summary Judgment re: 121 MOTION for Summary Judgment . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Joanne Zuniga. (Marton, Kraig) Modified on 4/21/2017 (KAS). (Entered: 04/20/2017)
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Legal Document (Payment Possibly Required) 131 Filed: 4/20/2017, Entered: None Unknown Document Type
*MOTION for Leave to File Excess Pages for Response to Motion for Summary Judgment by Joanne Zuniga. (Attachments: # 1 Text of Proposed Order)(Marton, Kraig) *Modified text on 4/21/2017 (EJA). (Entered: 04/20/2017)
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Legal Document (Payment Possibly Required) 130 Filed: 3/31/2017, Entered: None Unknown Document TypeCourt Filing
ORDER: Pursuant to the parties' Stipulation for Extension of Time for Parties to File Responses to Cross Motions for Summary Judgment (First Request) 129 , IT IS HEREBY ORDERED that the time for the parties to file their respective responses to the pending cross motions for summary judgment be extended from April 6, 2017 to April 20, 2017. Signed by Magistrate Judge David K Duncan on 3/31/2017. (REK) (Entered: 03/31/2017)
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Legal Document (Payment Possibly Required) 129 Filed: 3/31/2017, Entered: None Unknown Document Type
STIPULATION re: 124 MOTION for Summary Judgment, 121 MOTION for Summary Judgment by Joanne Zuniga. (Attachments: # 1 Text of Proposed Order)(Marton, Kraig) (Entered: 03/31/2017)
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Legal Document (Payment Possibly Required) 128 Filed: 3/29/2017, Entered: None Unknown Document Type
REPLY to Response to Motion re: 117 MOTION to Dismiss Party David M. Reaves filed by Joanne Zuniga. (Marton, Kraig) (Entered: 03/29/2017)
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Legal Document (Payment Possibly Required) 127 Filed: 3/22/2017, Entered: None Unknown Document Type
RESPONSE to Motion re: 117 MOTION to Dismiss Party David M. Reaves filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 03/22/2017)
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Legal Document (Payment Possibly Required) 126 Filed: 3/16/2017, Entered: None Unknown Document TypeCourt Filing
ORDER pursuant to 125 Stipulation: the time for Defendants/Counterclaimants Fiesta Pediatric Therapy, Inc., Beth Williamson, and Randy Williamson to file their response to 117 Plaintiffs' Motion To Dismiss David M. Reaves, Chapter 7Bankruptcy Trustee is extended to and including March 22,2017. Signed by Magistrate Judge David K Duncan on 3/16/17. (LSP) (Entered: 03/16/2017)
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Legal Document (Payment Possibly Required) 125 Filed: 3/15/2017, Entered: None Unknown Document Type
STIPULATION re: 117 MOTION to Dismiss Party David M. Reaves FOR EXTENSION OF TIME FOR DEFENDANTS/ COUNTERCLAIMANTS TO RESPOND TO PLAINTIFFS RULE 41(a)(2) MOTION TO DISMISS DAVID M. REAVES, CHAPTER 7 BANKRUPTCY TRUSTEE (First Request) by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher) (Entered: 03/15/2017)
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Legal Document (Payment Possibly Required) 124 Filed: 3/8/2017, Entered: None Unknown Document Type
MOTION for Summary Judgment by Joanne Zuniga. (LSP) (Entered: 03/08/2017)
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Legal Document (Payment Possibly Required) 123 Filed: 3/8/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 118 Plaintiff's Motion for Leave to File Excess Pages. Signed by Magistrate Judge David K Duncan on 3/8/17.(LSP) (Entered: 03/08/2017)
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Legal Document (Payment Possibly Required) 122 Filed: 3/7/2017, Entered: None Unknown Document Type
STATEMENT OF FACTS re: 121 MOTION for Summary Judgment by Counter Claimants Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson, Defendants Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 03/07/2017)
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Legal Document (Payment Possibly Required) 121 Filed: 3/7/2017, Entered: None Unknown Document Type
MOTION for Summary Judgment by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 03/07/2017)
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Legal Document (Payment Possibly Required) 120 Filed: 3/7/2017, Entered: None Unknown Document Type
*STATEMENT OF FACTS re: Lodged Motion for Summary Judgment by Plaintiff Joanne Zuniga. (Marton, Kraig) *Modified to remove document number on 3/7/2017 (LSP). (Entered: 03/07/2017)
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Legal Document (Payment Possibly Required) 119 Filed: 3/7/2017, Entered: None Unknown Document Type
*(Filed at Doc. 124 )--LODGED Proposed Plaintiffs' Motion for Summary Judgment re: 118 MOTION for Leave to File Excess Pages for Motion for Summary Judgment. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Joanne Zuniga. (Marton, Kraig) Modified on 3/8/2017 (LSP). (Entered: 03/07/2017)
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Legal Document (Payment Possibly Required) 118 Filed: 3/7/2017, Entered: None Unknown Document Type
MOTION for Leave to File Excess Pages for Motion for Summary Judgment by Joanne Zuniga. (Attachments: # 1 Text of Proposed Order)(Marton, Kraig) (Entered: 03/07/2017)
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Legal Document (Payment Possibly Required) 117 Filed: 3/1/2017, Entered: None Unknown Document Type
MOTION to Dismiss Party David M. Reaves by Joanne Zuniga. (Marton, Kraig) (Entered: 03/01/2017)
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Legal Document (Payment Possibly Required) 116 Filed: 2/23/2017, Entered: None Unknown Document Type
REPLY to Response to Motion re: 111 MOTION to Disqualify Counsel MOTION FOR ETHICAL RULE 4.2 EVIDENTIARY HEARING AND REQUEST FOR RELIEF FROM VIOLATION filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 02/23/2017)
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Legal Document (Payment Possibly Required) 115 Filed: 2/17/2017, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT REQUEST by Joanne Zuniga for proceedings held on 1/12/17, 1/19/17, Magistrate Judge David K Duncan hearing judge(s). (Marton, Kraig) (Entered: 02/17/2017)
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Legal Document (Payment Possibly Required) 114 Filed: 2/16/2017, Entered: None Unknown Document Type
* RESPONSE to Motion re: 111 MOTION to Disqualify Counsel MOTION FOR ETHICAL RULE 4.2 EVIDENTIARY HEARING AND REQUEST FOR RELIEF FROM VIOLATION filed by Joanne Zuniga and David M Reaves. (Marton, Kraig) * Modified to add additional filer on 2/17/2017 (LAD). (Entered: 02/16/2017)
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Legal Document (Payment Possibly Required) 113 Filed: 2/1/2017, Entered: None Unknown Document TypeCourt Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Dispute Hearing proceedings held on 01/19/2017, before Magistrate Judge David K. Duncan. (Transcriber: Laurie A. Adams). 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 2/22/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/2/2017. (RAP) (Entered: 02/03/2017)
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Legal Document (Payment Possibly Required) 112 Filed: 2/1/2017, Entered: None Unknown Document TypeCourt Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Emergency Telephonic Dispute Hearing proceedings held on 01/12/2017, before Magistrate Judge David K. Duncan. (Transcriber: Laurie A. Adams). 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 2/22/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/2/2017. (RAP) (Entered: 02/03/2017)
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Legal Document (Payment Possibly Required) 111 Filed: 2/2/2017, Entered: None Unknown Document Type
MOTION to Disqualify Counsel MOTION FOR ETHICAL RULE 4.2 EVIDENTIARY HEARING AND REQUEST FOR RELIEF FROM VIOLATION by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher) (Entered: 02/02/2017)
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Legal Document (Payment Possibly Required) 110 Filed: 1/30/2017, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 01/30/2017)
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Legal Document (Payment Possibly Required) 109 Filed: 1/26/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 107 Motion to Withdraw as Attorney, Attorney David Charles Kresin terminated as counsel for witness Maria Singh. Signed by Magistrate Judge David K Duncan on 1/26/17.(LSP) (Entered: 01/26/2017)
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Legal Document (Payment Possibly Required) 108 Filed: 1/26/2017, Entered: None Unknown Document Type
SERVICE EXECUTED filed by Joanne Zuniga: Certificate of Service re: Subpoena to produce documents upon COR GoDaddy on 01/20/2017. (Marton, Kraig) (Entered: 01/26/2017)
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Legal Document (Payment Possibly Required) 107 Filed: 1/25/2017, Entered: None Unknown Document Type
MOTION to Withdraw as Attorney by Maria Singh. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kresin, David) (Entered: 01/25/2017)
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Legal Document (Payment Possibly Required) 106 Filed: 1/25/2017, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT REQUEST by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson for proceedings held on 1/12/17 & 1/19/17, Magistrate Judge David K Duncan hearing judge(s). (Mason, Christopher) (Entered: 01/25/2017)
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Legal Document (Payment Possibly Required) 105 Filed: 1/19/2017, Entered: None Unknown Document TypeCourt Filing
MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Telephonic Discovery Dispute Hearing held on 1/19/2017. PRESENT: Kraig Marton and Jeffrey Silence for Plaintiff and Christopher Mason and Michael Schwartz for Defendants. IT IS ORDERED denying the request for supplementation to the privilege log and discovery related to the time entries. Defendants believe the issue regarding attorney/client privilege is now ripe for ruling. Argument is heard. IT IS ORDERED taking the matter under advisement. IT IS ORDERED Defendants shall file a brief on the matter within two weeks to which Plaintiff shall have to weeks to respond. The Court will then decide if a hearing is necessary. (Recorded by COURTSMART.) Hearing held 9:06 AM to 9:31 AM.(LSP) (Entered: 01/19/2017)
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Legal Document (Payment Possibly Required) 104 Filed: 1/12/2017, Entered: None Unknown Document TypeCourt Filing
MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Emergency Telephonic Dispute Hearing held on 1/12/2017. Present: Kraig Marton for Plaintiffs and Christopher Mason for Defendants. The party requesting the deposition goes first. Counsel request a ruling on their disputed questions. IT IS ORDERED that the objections to both questions are overruled. (Recorded by COURTSMART.) Hearing held 10:11 AM - 10:14 AM to 2:53 PM - 3:05 PM.(LSP) (Entered: 01/19/2017)
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Legal Document (Payment Possibly Required) 103 Filed: 1/6/2017, Entered: None Unknown Document TypeCourt Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE proceedings held on 12/22/2016, before Magistrate Judge David K. Duncan. (Transcriber: Candy L. Potter). 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 1/27/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/6/2017. (RAP) (Entered: 01/17/2017)
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Legal Document (Payment Possibly Required) 102 Filed: 1/17/2017, Entered: None Unknown Document Type
NOTICE of Deposition of MARIA SINGH, filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 01/17/2017)
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Legal Document (Payment Possibly Required) 101 Filed: 1/13/2017, Entered: None Unknown Document TypeCourt Filing
MINUTE ORDER: Telephonic Discovery Dispute Hearing set for 1/19/2017 at 9:00 AM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K. Duncan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DKD/ah) (Entered: 01/13/2017)
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Legal Document (Payment Possibly Required) 100 Filed: 1/11/2017, Entered: None Unknown Document Type
*RESPONSE CONCERNING THE SCOPE AND APPLICABILITY OF THE JOINT LITIGATION PRIVILEGE re 98 Memorandum by Counter Claimants Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson, Defendants Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Exhibit 1-6)(Mason, Christopher) *Modified to correct event type on 1/12/2017 (LSP). (Entered: 01/11/2017)
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Legal Document (Payment Possibly Required) 99 Filed: 1/11/2017, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Joanne Zuniga. (Marton, Kraig) (Entered: 01/11/2017)
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Legal Document (Payment Possibly Required) 98 Filed: 1/9/2017, Entered: None Unknown Document Type
MEMORANDUM Common Interest Agreements and Deposition of Opposing Counsel by Plaintiff Joanne Zuniga. (Marton, Kraig) (Entered: 01/09/2017)
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Legal Document (Payment Possibly Required) 97 Filed: 1/6/2017, Entered: None Unknown Document Type
*NOTICE of Attorney Withdrawal re Chase A Bales by Fiesta Pediatric Therapy Incorporated . (Mason, Christopher) *Modified to correct event type on 1/6/2017 (LSP). (Entered: 01/06/2017)
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Legal Document (Payment Possibly Required) 96 Filed: 1/5/2017, Entered: None Unknown Document Type
NOTICE of Deposition of RAFAEL BOJORQUEZ, filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 01/05/2017)
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Legal Document (Payment Possibly Required) 95 Filed: 1/5/2017, Entered: None Unknown Document Type
NOTICE of Deposition of DNESSA FERMAINT, filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 01/05/2017)
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Legal Document (Payment Possibly Required) 94 Filed: 1/3/2017, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT REQUEST by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson for proceedings held on 12/22/2016, Magistrate Judge David K Duncan hearing judge(s). (Mason, Christopher) (Entered: 01/03/2017)
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Legal Document (Payment Possibly Required) 93 Filed: 1/3/2017, Entered: None Unknown Document Type
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Christopher Michael Mason. (Mason, Christopher) (Entered: 01/03/2017)
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Legal Document (Payment Possibly Required) 92 Filed: 12/22/2016, Entered: None Unknown Document TypeCourt Filing
MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Telephonic Discovery Dispute Hearing at the request of defendant's counsel held on 12/22/2016. Defendant's counsel makes a record of issue. No ruling by the Court is required. APPEARANCES: Telephonic appearance by Kraig Marton for Plaintiffs. Telephonic appearance by Christopher Mason for Defendant. (Recorded by COURTSMART.) Hearing held 4:23 PM to 4:28 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 12/22/2016)
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Legal Document (Payment Possibly Required) 91 Filed: 12/22/2016, Entered: None Unknown Document Type
NOTICE of Deposition of DAVID REEVES, filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 12/22/2016)
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Legal Document (Payment Possibly Required) 90 Filed: 12/22/2016, Entered: None Unknown Document Type
NOTICE of Deposition of MARIA SINGH TO INCLUDE VIDEOGRAPHER, filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 12/22/2016)
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Legal Document (Payment Possibly Required) 89 Filed: 12/21/2016, Entered: None Unknown Document TypeCourt Filing
MINUTE ORDER: Telephonic Discovery Dispute Hearing set for 12/22/2016 at 4:15 PM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K. Duncan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DKD/ah) (Entered: 12/21/2016)
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Legal Document (Payment Possibly Required) 88 Filed: 12/14/2016, Entered: None Unknown Document Type
NOTICE of Deposition of Maria Singh, filed by Joanne Zuniga. (Marton, Kraig) (Entered: 12/14/2016)
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Legal Document (Payment Possibly Required) 87 Filed: 12/14/2016, Entered: None Unknown Document TypeCourt Filing
MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Telephone Discovery Conference held on 12/14/2016. PRESENT: Kraig Marton for Plaintiffs, Christopher Mason for Defendants and David Kresin for Material Witness. IT IS FURTHER ORDERED granting in part and denying in part 84 Motion for Protective Order. (Court Reporter Mary Davis, Ottmer & Associates.) Hearing held 1:45 PM to 2:30 PM.(LSP) (Entered: 12/14/2016)
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Legal Document (Payment Possibly Required) 86 Filed: 12/14/2016, Entered: None Unknown Document Type
NOTICE of Appearance by David Charles Kresin on behalf of Maria Singh. (Kresin, David) (Entered: 12/14/2016)
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Legal Document (Payment Possibly Required) 85 Filed: 12/13/2016, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 12/13/2016)
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Legal Document (Payment Possibly Required) 84 Filed: 12/13/2016, Entered: None Unknown Document Type
Emergency MOTION for Protective Order REGARDING THE DEPOSITION OF MARIA SINGH AND REQUEST FOR ETHICS RULE 4.2 HEARING by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher) (Entered: 12/13/2016)
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Legal Document (Payment Possibly Required) 83 Filed: 12/13/2016, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Joanne Zuniga. (Marton, Kraig) (Entered: 12/13/2016)
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Legal Document (Payment Possibly Required) 82 Filed: 12/12/2016, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Joanne Zuniga. (Marton, Kraig) (Entered: 12/12/2016)
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Legal Document (Payment Possibly Required) 81 Filed: 12/9/2016, Entered: None Unknown Document Type
NOTICE of Deposition of Maria Singh, filed by Joanne Zuniga. (Marton, Kraig) (Entered: 12/09/2016)
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Legal Document (Payment Possibly Required) 80 Filed: 12/2/2016, Entered: None Unknown Document Type
NOTICE of Deposition of JOANNE ZUNIGA, filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 12/02/2016)
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Legal Document (Payment Possibly Required) 79 Filed: 11/30/2016, Entered: None Unknown Document Type
NOTICE of Deposition of Beth Williamson, filed by Joanne Zuniga. (Marton, Kraig) (Entered: 11/30/2016)
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Legal Document (Payment Possibly Required) 78 Filed: 11/22/2016, Entered: None Unknown Document TypeCourt Filing
ORDER pursuant to 73 Motion for Protective Order: See PDF for restriction and procedure details. Signed by Magistrate Judge David K Duncan on 11/22/16.(DXD) (Entered: 11/22/2016)
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Legal Document (Payment Possibly Required) 77 Filed: 11/14/2016, Entered: None Unknown Document TypeCourt Filing
*MINUTE ENTRY - APPEARANCES:Kraig Marton and Jeffrey Silence for Plaintiff Christopher Mason for Defendants: for proceedings held before Magistrate Judge David K Duncan: Informal telephonic hearing regarding discovery issues held on 11/14/2016. Orders issued. Hearing held 10:00 AM to 10:43 AM.(DXD) *Modified file date from 11/15/16 to 11/14/16; NEF regenerated on 11/16/2016 (SCH). (Entered: 11/15/2016)
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Legal Document (Payment Possibly Required) 76 Filed: 11/10/2016, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Joanne Zuniga. (Marton, Kraig) (Entered: 11/10/2016)
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Legal Document (Payment Possibly Required) 75 Filed: 11/10/2016, Entered: None Unknown Document Type
SERVICE EXECUTED filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson: Affidavit of Service re: SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION; EXHIBIT A; CUSTODIAN'S AFFIDAVIT; CUSTODIAN'S LETTER upon ROBAINA & KRESIN, PLLC, CUSTODIAN OF RECORDS on November 8, 2016. (Mason, Christopher) (Entered: 11/10/2016)
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Legal Document (Payment Possibly Required) 74 Filed: 11/9/2016, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 11/09/2016)
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Legal Document (Payment Possibly Required) 73 Filed: 11/9/2016, Entered: None Unknown Document Type
Joint MOTION for Protective Order by Joanne Zuniga. (Attachments: # 1 Text of Proposed Order)(Marton, Kraig) (Entered: 11/09/2016)
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Legal Document (Payment Possibly Required) 72 Filed: 10/31/2016, Entered: None Unknown Document TypeCourt Filing
ORDER denying 70 Counterdefendants' Motion for Reconsideration. Signed by Magistrate Judge David K Duncan on 10/31/16. (DXD) (Entered: 10/31/2016)
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Legal Document (Payment Possibly Required) 71 Filed: 10/28/2016, Entered: None Unknown Document Type
STATUS REPORT ON SETTLEMENT DISCUSSIONS by Joanne Zuniga. (Marton, Kraig) (Entered: 10/28/2016)
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Legal Document (Payment Possibly Required) 70 Filed: 10/19/2016, Entered: None Unknown Document Type
*MOTION for Reconsideration re: 65 Order denying 58 MOTION to Dismiss Counts/Claims : all counterclaims by Joanne Zuniga. (Marton, Kraig) *Modified to add document number on 10/19/2016 (LSP). (Entered: 10/19/2016)
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Legal Document (Payment Possibly Required) 69 Filed: 9/28/2016, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 09/28/2016)
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Legal Document (Payment Possibly Required) 68 Filed: 9/21/2016, Entered: None Unknown Document Type
*NOTICE of Deposition of 30(B)(6), filed by Joanne Zuniga, David M Reaves. (Marton, Kraig) *Modified to add filer on 9/22/2016 (KGM). (Entered: 09/21/2016)
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Legal Document (Payment Possibly Required) 67 Filed: 9/20/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting 66 parties' Stipulation to Extend Deadlines to Respond to Plaintiffs' First Set of Discovery Requests. Signed by Magistrate Judge David K Duncan on 9/20/16. (LSP) (Entered: 09/20/2016)
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Legal Document (Payment Possibly Required) 66 Filed: 9/19/2016, Entered: None Unknown Document Type
STIPULATION to Extend Deadlines to Respond to Plaintiffs' First Set of Discovery Requests by Fiesta Pediatric Therapy Incorporated. (Mason, Christopher) (Entered: 09/19/2016)
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Legal Document (Payment Possibly Required) 65 Filed: 9/16/2016, Entered: None Unknown Document TypeCourt Filing
ORDER denying 58 Counterdefendants' Motion to Dismiss Counts/Claims and denying as moot 64 Counterdefendants' Motion to Strike. Signed by Magistrate Judge David K Duncan on 9/16/16. (DXD) (Entered: 09/16/2016)
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Legal Document (Payment Possibly Required) 64 Filed: 9/12/2016, Entered: None Unknown Document Type
* MOTION to Strike 63 Reply to Response to Motion OR, IN THE ALTERNATIVE, MOTION for Leave to File Sur-Reply by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher). *Modified to add Motion event on 9/13/2016* (REW). (Entered: 09/12/2016)
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Legal Document (Payment Possibly Required) 63 Filed: 8/29/2016, Entered: None Unknown Document Type
REPLY to Response to Motion re: 58 MOTION to Dismiss Counts/Claims : all counterclaims filed by Joanne Zuniga. (Marton, Kraig) (Entered: 08/29/2016)
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Legal Document (Payment Possibly Required) 62 Filed: 8/22/2016, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 08/22/2016)
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Legal Document (Payment Possibly Required) 61 Filed: 8/18/2016, Entered: None Unknown Document Type
RESPONSE to Motion re: 58 MOTION to Dismiss Counts/Claims : all counterclaims filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 08/18/2016)
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Legal Document (Payment Possibly Required) 60 Filed: 8/15/2016, Entered: None Unknown Document Type
* NOTICE of Service of Discovery filed by Joanne Zuniga, David M Reaves. (Marton, Kraig) * Modified to add additional filer on 8/16/2016 (LAD). (Entered: 08/15/2016)
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Legal Document (Payment Possibly Required) 59 Filed: 8/15/2016, Entered: None Unknown Document Type
* NOTICE of Deposition of 30(B)(6), filed by Joanne Zuniga, David M Reaves. (Marton, Kraig) * Modified to add additional filer on 8/16/2016 (LAD). (Entered: 08/15/2016)
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Legal Document (Payment Possibly Required) 58 Filed: 8/1/2016, Entered: None Unknown Document Type
* MOTION to Dismiss Counts/Claims: all counterclaims by Joanne Zuniga, David M Reaves. (Marton, Kraig) * Modified to add additional filers; attorney noticed on 8/2/2016 (LAD). (Entered: 08/01/2016)
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Legal Document (Payment Possibly Required) 57 Filed: 8/1/2016, Entered: None Unknown Document Type
* PLAINTIFF'S/Counterdefendants DEMAND for Jury Trial by Joanne Zuniga, David M Reaves. (Marton, Kraig) * Modified to add additional filer on 8/2/2016 (LAD). (Entered: 08/01/2016)
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Legal Document (Payment Possibly Required) 56 Filed: 7/13/2016, Entered: None Unknown Document Type
*AMENDED ANSWER to 47 Answer to 14 Amended Complaint, and COUNTERCLAIM against All Plaintiffs by Beth Williamson, Fiesta Pediatric Therapy Incorporated, Randy Williamson. (Mason, Christopher) *Modified to add document number on 7/14/2016 (LSP). (Entered: 07/13/2016)
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Legal Document (Payment Possibly Required) 55 Filed: 7/7/2016, Entered: None Unknown Document TypeCourt Filing
CASE MANAGEMENT ORDER: Discovery due by 1/27/2017. Dispositive motions due by 3/7/2017. (See document for complete details.) Signed by Magistrate Judge David K Duncan on 7/7/2016. (ATD) (Entered: 07/07/2016)
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Legal Document (Payment Possibly Required) 54 Filed: 7/7/2016, Entered: None Unknown Document TypeCourt Filing
MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Rule 16 Case Management Conference held on 7/7/2016. Court and counsel discuss matters. Case Management order to issue. APPEARANCES: Kraig Marton and Jeffrey Silence for Plaintiffs. Christopher Mason and Michael Schwartz for Defendants. (Recorded by COURTSMART.) Hearing held 9:30 AM to 9:51 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CIS) (Entered: 07/07/2016)
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Legal Document (Payment Possibly Required) 53 Filed: 7/6/2016, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 07/06/2016)
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Legal Document (Payment Possibly Required) 52 Filed: 7/5/2016, Entered: None Unknown Document Type
NOTICE of Service of Discovery filed by Joanne Zuniga. (Marton, Kraig) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 51 Filed: 6/30/2016, Entered: None Unknown Document Type
REPORT of Rule 26(f) Planning Meeting by Joanne Zuniga. (Marton, Kraig) (Entered: 06/30/2016)
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Legal Document (Payment Possibly Required) 50 Filed: 6/24/2016, Entered: None Unknown Document TypeCourt Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 05/18/2016, before Magistrate Judge David K. Duncan. (Transcriber: Elaine Cropper). 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 7/15/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016. (RAP) (Entered: 06/30/2016)
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Legal Document (Payment Possibly Required) 49 Filed: 6/27/2016, Entered: None Unknown Document TypeCourt Filing
ORDER denying 46 Defendants' Motion for Reconsideration/Renewed Motion Re: Protective Order. Signed by Magistrate Judge David K Duncan on 6/27/16.(LSP) (Entered: 06/27/2016)
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Legal Document (Payment Possibly Required) 48 Filed: 6/24/2016, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT REQUEST by Joanne Zuniga for proceedings held on 05/18/2016, Magistrate Judge David K Duncan hearing judge(s). (Marton, Kraig) (Entered: 06/24/2016)
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Legal Document (Payment Possibly Required) 47 Filed: 6/22/2016, Entered: None Unknown Document Type
ANSWER to 14 Amended Complaint , COUNTERCLAIM against All Plaintiffs by Beth Williamson, Fiesta Pediatric Therapy Incorporated, Randy Williamson.(Mason, Christopher) (Entered: 06/22/2016)
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Legal Document (Payment Possibly Required) 46 Filed: 6/22/2016, Entered: None Unknown Document Type
MOTION for Reconsideration re: 43 Order on Motion for Discovery, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Strike, Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Protective Order, Order on Motion for Extension of Time to File Response/Reply by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 06/22/2016)
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Legal Document (Payment Possibly Required) 45 Filed: 6/10/2016, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT REQUEST by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson for proceedings held on 5/18/2016, Magistrate Judge David K Duncan, Judge Motion Hearing - Oral Argument hearing judge(s). (Mason, Christopher) (Entered: 06/10/2016)
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Legal Document (Payment Possibly Required) 44 Filed: 6/8/2016, Entered: None Unknown Document TypeCourt Filing
ORDER setting Rule 16 Case Management Conference for 7/7/2016 at 09:30 AM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K Duncan. The parties are directed to meet and confer at least 10 days before the Case Management Conference. The parties shall jointly file the Case Management Report with the Clerk of the Court not less than seven days before the Case Management Conference. Signed by Magistrate Judge David K Duncan on 6/8/16. (LSP) (Entered: 06/08/2016)
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Legal Document (Payment Possibly Required) 43 Filed: 6/8/2016, Entered: None Unknown Document TypeCourt Filing
ORDER denying 18 Defendants' Motion to Dismiss; denying as moot 25 Defendants' Motion for Extension of Time to File Reply; denying without prejudice 24 Defendants' Motion for Protective Order and 26 Motion for to Conduct Limited Expedited Discovery; denying 31 Defendants' Motion to Conduct Limited Expedited Discovery and 41 Motion to Strike Plaintiffs' Supplement; and denying 22 Plaintiffs' Cross-Motion for Summary Judgment. Signed by Magistrate Judge David K Duncan on 6/8/16.(LSP) (Entered: 06/08/2016)
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Legal Document (Payment Possibly Required) 42 Filed: 5/27/2016, Entered: None Unknown Document Type
RESPONSE to Motion re: 41 MOTION to Strike 39 Supplement DEFENDANTS CONTINUED OBJECTION TO USE OF INFORMATION FROM MARIA SINGH AND MOTION TO STRIKE filed by Joanne Zuniga. (Marton, Kraig) (Entered: 05/27/2016)
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Legal Document (Payment Possibly Required) 41 Filed: 5/26/2016, Entered: None Unknown Document Type
MOTION to Strike 39 Supplement DEFENDANTS CONTINUED OBJECTION TO USE OF INFORMATION FROM MARIA SINGH AND MOTION TO STRIKE by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 05/26/2016)
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Legal Document (Payment Possibly Required) 40 Filed: 5/25/2016, Entered: None Unknown Document Type
SUPPLEMENT SUPPLEMENTAL BRIEF AND NOTICE OF SUPPLEMENTAL AUTHORITIES by Defendants Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Mason, Christopher) (Entered: 05/25/2016)
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Legal Document (Payment Possibly Required) 39 Filed: 5/25/2016, Entered: None Unknown Document Type
SUPPLEMENT Supplemental Brief by Plaintiff Joanne Zuniga and David M Reaves. (Marton, Kraig) (Entered: 05/25/2016)
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Legal Document (Payment Possibly Required) 38 Filed: 5/18/2016, Entered: None Unknown Document TypeCourt Filing
MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Motion Hearing held on 5/18/2016. PRESENT: Kraig Marton and Jeffrey Silence for and with Plaintiff and Joanne Zuniga Christopher Mason for Defendants. Argument is heard, the Court to take the matter under advisement. (Recorded by COURTSMART.) Hearing held 10:33 AM to 11:34 AM.(LSP) (Entered: 05/19/2016)
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Legal Document (Payment Possibly Required) 37 Filed: 5/10/2016, Entered: None Unknown Document TypeCourt Filing
Pursuant to LRCiv 7.2(f) of the Rules of Practice of the United States District Court for the District of Arizona, IT IS ORDERED setting oral argument on the pending motions for 5/18/2016 at 10:30 AM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K. Duncan. (DKD/ah)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 05/10/2016)
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Legal Document (Payment Possibly Required) 36 Filed: 5/6/2016, Entered: None Unknown Document TypeCourt Filing
Pursuant to LRCiv 7.2(f) of the Rules of Practice of the United States District Court for the District of Arizona, IT IS ORDERED granting oral argument on the pending motions but the parties are advised that the Court's focus will be on the potential applicability of the fluctuating work week method of payment. Counsel are directed to confer within one week of this Order about convenient times for oral argument and then to contact the Court's Judicial Assistant, Ms. Herrera, at 602 322 7630, for the purpose of calendaring the oral argument. Ordered by Magistrate Judge David K Duncan. (DKD)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 05/06/2016)
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Legal Document (Payment Possibly Required) 35 Filed: 3/30/2016, Entered: None Unknown Document Type
NOTICE of Errata re: 34 Reply to Response to Motion for Additional Time to Conduct Discovery by Defendants Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson.. (Attachments: # 1 Exhibit A)(Mason, Christopher) (Entered: 03/30/2016)
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Legal Document (Payment Possibly Required) 34 Filed: 3/28/2016, Entered: None Unknown Document Type
REPLY to Response to Motion re: 31 MOTION for Extension of Time to Complete Discovery filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Exhibit A-F)(Mason, Christopher) (Entered: 03/28/2016)
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Legal Document (Payment Possibly Required) 33 Filed: 3/17/2016, Entered: None Unknown Document Type
RESPONSE to Motion re: 31 MOTION for Extension of Time to Complete Discovery filed by Joanne Zuniga. (Marton, Kraig) (Entered: 03/17/2016)
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Legal Document (Payment Possibly Required) 32 Filed: 2/29/2016, Entered: None Unknown Document Type
REPLY to Response to Motion re: 26 MOTION for Discovery TO CONDUCT LIMITED EXPEDITED DISCOVERY filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Leavitt, Lindsay) (Entered: 02/29/2016)
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Legal Document (Payment Possibly Required) 31 Filed: 2/29/2016, Entered: None Unknown Document Type
* MOTION for Extension of Time to Complete Discovery by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Declaration of Dr. Williamson, # 2 Text of Proposed Order)(Leavitt, Lindsay) *Modified to correct event on 3/1/2016* (REW). (Entered: 02/29/2016)
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Legal Document (Payment Possibly Required) 30 Filed: 2/29/2016, Entered: None Unknown Document Type
REPLY to Response to Motion re: 24 Emergency MOTION for Protective Order filed by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Exhibit 1, # 2 Declaration of Dr. Williamson with Exhibits A to F)(Leavitt, Lindsay) Modified on 3/1/2016 (REW). (Entered: 02/29/2016)
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Legal Document (Payment Possibly Required) 29 Filed: 2/17/2016, Entered: None Unknown Document Type
RESPONSE to Motion re: 26 MOTION for Discovery TO CONDUCT LIMITED EXPEDITED DISCOVERY filed by Joanne Zuniga. (Marton, Kraig) (Entered: 02/17/2016)
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Legal Document (Payment Possibly Required) 28 Filed: 2/17/2016, Entered: None Unknown Document Type
RESPONSE to Motion re: 25 MOTION for Extension of Time to File Reply to 18 Motion to Dismiss MOTION for Extension of Time for Briefing Schedules on Dispositive Motions filed by Joanne Zuniga. (Marton, Kraig) (Entered: 02/17/2016)
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Legal Document (Payment Possibly Required) 27 Filed: 2/17/2016, Entered: None Unknown Document Type
RESPONSE to Motion re: 24 Emergency MOTION for Protective Order filed by Joanne Zuniga. (Marton, Kraig) (Entered: 02/17/2016)
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Legal Document (Payment Possibly Required) 26 Filed: 2/8/2016, Entered: None Unknown Document Type
MOTION for Discovery TO CONDUCT LIMITED EXPEDITED DISCOVERY by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher) (Entered: 02/08/2016)
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Legal Document (Payment Possibly Required) 25 Filed: 2/5/2016, Entered: None Unknown Document Type
*First MOTION for Extension of Time to File Reply to 18 Motion to Dismiss, MOTION for Extension of Time for Briefing Schedules on Dispositive Motions FOR CONSOLIDATION OF DEADLINES AND EXTENSION OF TIME RE DEFENDANTS BRIEFING SCHEDULE (First Request) by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Text of Proposed Order)(Mason, Christopher) *Added MOTION for Extension of Time to File Response/Reply on 2/8/2016 (ATD). (Entered: 02/05/2016)
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Legal Document (Payment Possibly Required) 24 Filed: 2/1/2016, Entered: None Unknown Document Type
Emergency MOTION for Protective Order by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Exhibit 1-3, # 2 Text of Proposed Order Protective Order)(Mason, Christopher) (Entered: 02/01/2016)
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Legal Document (Payment Possibly Required) 23 Filed: 1/26/2016, Entered: None Unknown Document Type
STATEMENT OF FACTS re: 22 Response to Motion and Cross Motion for Summary Judgment by Plaintiff Joanne Zuniga. (Silence, Jeffrey) (Entered: 01/26/2016)
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Legal Document (Payment Possibly Required) 22 Filed: 1/26/2016, Entered: None Unknown Document Type
*RESPONSE to Motion re: 18 MOTION to Dismiss Case and Cross MOTION for Summary Judgment filed by Joanne Zuniga. (Silence, Jeffrey) *Modified to add motion type on 1/27/2016 (LSP). (Entered: 01/26/2016)
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Legal Document (Payment Possibly Required) 21 Filed: 1/20/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting 20 parties' Stipulation for Extension of Time. The time for Plaintiffs to respond to Defendants' Motion to Dismiss is extended to January 26, 2016. Signed by Magistrate Judge David K Duncan on 1/20/16. (LSP) (Entered: 01/20/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 1/20/2016, Entered: None Unknown Document Type
STIPULATION re: 18 MOTION to Dismiss Case by Joanne Zuniga. (Attachments: # 1 Text of Proposed Order)(Marton, Kraig) (Entered: 01/20/2016)
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Legal Document (Payment Possibly Required) 19 Filed: 1/6/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting 17 Stipulation for Extension of Time. The time for Defendants Fiesta Pediatric Therapy, Inc., Beth Williamson, and Randy Williamson to answer, move, or otherwise respond to the First Amended Complaint in this action is extended by to December 30, 2015. IT IS FURTHER ORDERED granting 16 Motion for Substitution of Counsel for Defendants. Chris M. Mason is substituted as counsel of record for Defendants in place of Adam B. Merrill. Signed by Magistrate Judge David K Duncan on 1/6/16. (LSP) (Entered: 01/06/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 12/30/2015, Entered: None Unknown Document Type
MOTION to Dismiss Case by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Mason, Christopher) (Entered: 12/30/2015)
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Legal Document (Payment Possibly Required) 17 Filed: 12/28/2015, Entered: None Unknown Document Type
STIPULATION for Extension of Time by Fiesta Pediatric Therapy Incorporated. (Attachments: # 1 Order Granting Stipulation for Extension of Time)(Mason, Christopher) (Entered: 12/28/2015)
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Legal Document (Payment Possibly Required) 16 Filed: 12/28/2015, Entered: None Unknown Document Type
MOTION to Substitute Attorney by Fiesta Pediatric Therapy Incorporated. (Attachments: # 1 Text of Proposed Order Order Granting Application for Substitution of Counsel for Defendant)(Mason, Christopher) (Entered: 12/28/2015)
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Legal Document (Payment Possibly Required) 15 Filed: 12/9/2015, Entered: None Unknown Document TypeCourt Filing
ORDER denying 13 Defendants' counsel's Motion to Withdraw as Attorney, without prejudice to filing a motion which complies with the local rules. Signed by Magistrate Judge David K Duncan on 12/9/15.(EJA) (Entered: 12/09/2015)
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Legal Document (Payment Possibly Required) 14 Filed: 12/8/2015, Entered: None Unknown Document Type
*AMENDED COMPLAINT against All Defendants filed by Joanne Zuniga.(Marton, Kraig) *Modified to add plaintiff Reaves on 12/8/2015 (LSP). (Entered: 12/08/2015)
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Legal Document (Payment Possibly Required) 13 Filed: 12/7/2015, Entered: None Unknown Document Type
MOTION to Withdraw as Attorney by Fiesta Pediatric Therapy Incorporated, Beth Williamson. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Merrill, Adam) (Entered: 12/07/2015)
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Legal Document (Payment Possibly Required) 12 Filed: 12/7/2015, Entered: None Unknown Document TypeCourt Filing
ORDER denying as moot 9 Defendant's Motion to Dismiss Counts/Claims and granting 11 Plaintiff's Motion for Leave to File First Amended Complaint. Signed by Magistrate Judge David K Duncan on 12/7/15. (EJA) (Entered: 12/07/2015)
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Legal Document (Payment Possibly Required) 11 Filed: 11/2/2015, Entered: None Unknown Document Type
*MOTION for Leave to File First Amended Complaint by Joanne Zuniga. (Attachments: # 1 Text of Proposed Order)(Marton, Kraig) *Modified to correct motion type and document is not in compliance with LRCiv 15.1; attorney notified on 11/3/2015 (LSP). (Entered: 11/02/2015)
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Legal Document (Payment Possibly Required) 10 Filed: 11/2/2015, Entered: None Unknown Document Type
RESPONSE to Motion re: 9 MOTION to Dismiss Counts/Claims : Plaintiff's claims from August 12, 2012 through October 23, 2014 filed by Joanne Zuniga. (Marton, Kraig) (Entered: 11/02/2015)
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Legal Document (Payment Possibly Required) 9 Filed: 10/16/2015, Entered: None Unknown Document Type
MOTION to Dismiss Counts/Claims : Plaintiff's claims from August 12, 2012 through October 23, 2014 by Fiesta Pediatric Therapy Incorporated, Beth Williamson, Randy Williamson. (Merrill, Adam) (Entered: 10/16/2015)
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Legal Document (Payment Possibly Required) 8 Filed: 10/15/2015, Entered: None Unknown Document TypeCourt Filing
Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge David K Duncan conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMG) (Entered: 10/16/2015)
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Legal Document (Payment Possibly Required) 7 Filed: 10/15/2015, Entered: None Unknown Document TypeCourt Filing
Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMG) (Entered: 10/16/2015)
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Legal Document (Payment Possibly Required) 6 Filed: 10/14/2015, Entered: None Unknown Document TypeCourt Filing
Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMG) (Entered: 10/15/2015)
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Legal Document (Payment Possibly Required) 5 Filed: 10/14/2015, Entered: None Unknown Document TypeCourt Filing
ORDER granting 4 parties' Stipulation For Extension of Time To Answer Complaint: Fiesta Pediatric Therapy Incorporated; Beth Williamson; and Randy Williamson answer due 10/16/2015. Signed by Magistrate Judge David K Duncan on 10/13/15. (LSP) (Entered: 10/14/2015)
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Legal Document (Payment Possibly Required) 4 Filed: 10/9/2015, Entered: None Unknown Document Type
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Stipulation to Extend Time for Defendants to Respond to Plaintiff's Complaint. (Attachments: # 1 Text of Proposed Order Order Granting Stipulation to Extend Time for Defendants to Respond to Plaintiff's Complaint)(Merrill, Adam) (Entered: 10/09/2015)
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Legal Document (Payment Possibly Required) 3 Filed: 10/2/2015, Entered: None Unknown Document Type
Filing fee paid, receipt number 0970-12183520. This case has been assigned to the Honorable David K Duncan. All future pleadings or documents should bear the correct case number: CV-15-1978-PHX-DKD. Magistrate Election form attached. (Attachments: # 1 Instructions) (ATD) (Entered: 10/05/2015)
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Legal Document (Payment Possibly Required) 2 Filed: 10/2/2015, Entered: None Unknown Document Type
Corporate Disclosure Statement by Fiesta Pediatric Therapy Incorporated. (Submitted by Adam Merrill) (ATD) (Entered: 10/05/2015)
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Legal Document (Payment Possibly Required) 1 Filed: 10/2/2015, Entered: None Unknown Document Type
NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2015-005027. Filing fee received: $ 400.00, receipt number 0970-12183520 filed by Beth Williamson, Fiesta Pediatric Therapy Incorporated and Randy Williamson. (Submitted by Adam Merrill) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet, # 4 Supplemental Civil Cover Sheet) (ATD) (Entered: 10/05/2015)
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