Paynter v. Macy's West Stores Incorporated

Federal Civil Lawsuit Arizona District Court, Case No. 2:17-cv-00735
District Judge Diane J. Humetewa, presiding
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District Judge Diane J. Humetewa
Last Updated July 28, 2025 at 4:09 AM EDT (5.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [87C8548], Plaintiff

Represented by Law Office Of William H. Paynter

Name Phone Fax E-Mail
Space William H Paynter paynteroffice@gmail.com
No Logo Anonymized Party [A084160], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space William H Paynter
No Logo Macy's West Stores Incorporated, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Nishan Joseph Wilde
Space Robert Bryan Zelms
v.
No Logo Arrowhead Towne Center LLC, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Anne Marie Orcutt
Space Jeffrey Lincoln Smith jeffrey.smith@sandersparks.com

Represented by Lewis, Brisbois, Bisgaard & Smith, LLP

Name Phone Fax E-Mail
Space Dane Adam Dodd +1 602 262 6761 +1 602 534 2487 dane.dodd@lewisbrisbois.com
No Logo Macy's West Stores Incorporated, Defendant

Represented by Manning & Marder Kass Ellrod Ramirez LLP

Name Phone Fax E-Mail
Space Nishan Joseph Wilde +1 602 313 5469 +1 602 313 5499 njw@manningllp.com
Space Robert Bryan Zelms +1 480 477 5276 +1 480 477 5268 rbz@mmker.com
No Logo Arrowhead Towne Center LLC, Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Dane Adam Dodd
Space Anne Marie Orcutt
Space Jeffrey Lincoln Smith jeffrey.smith@sandersparks.com
Other Parties
No Logo Arrowhead Towne Center LLC, Cross claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Dane Adam Dodd
Space Anne Marie Orcutt
Space Jeffrey Lincoln Smith jeffrey.smith@sandersparks.com
No Logo Macy's West Stores Incorporated, Cross defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Nishan Joseph Wilde
Space Robert Bryan Zelms
Attributes
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1332 Diversity-Personal Injury
Jurisdiction Diversity
Case Status closed
Jury Demand Both
Monetary Demand $1,250,000
Anonymization By SCALES
Timeline
  Entries (62) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 61 Filed: 7/6/2018, Entered: 7/6/2018 Court Filing
ORDER granting 60 Stipulation of Dismissal: Dismissing this action in its entirety, with prejudice, each party to bear its own attorneys' fees and costs. The Clerk shall terminate this action. Signed by Judge Diane J Humetewa on 7/6/18. (DXD)
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Legal Document (Payment Possibly Required) 60 Filed: 7/5/2018, Entered: 7/5/2018
STIPULATION of Dismissal by Macy's West Stores Incorporated. (Attachments: # 1 Text of Proposed Order)(Wilde, Nishan)
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Legal Document (Payment Possibly Required) 59 Filed: 5/23/2018, Entered: 5/23/2018 Court Filing
AMENDED ORDER that a Stipulation to Dismiss shall be filed on or before July 23, 2018. If a Stipulation is not filed, the parties shall file a Status Report to the Court on that date. Signed by Judge Diane J Humetewa on 5/23/2018. (LFIG)
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Legal Document (Payment Possibly Required) 58 Filed: 5/22/2018, Entered: 5/22/2018 Court Filing
AMENDED by Doc. 59 ORDER that a Stipulation to Dismiss shall be filed on or before July 23, 2018. If a Stipulation is not filed, the parties shall file a Status Report to the Court on that date. Signed by Judge Diane J Humetewa on 5/22/2018. (LFIG) Modified on 5/23/2018 (LFIG).
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Legal Document (Payment Possibly Required) 57 Filed: 5/22/2018, Entered: 5/22/2018
NOTICE of Settlement by Macy's West Stores Incorporated. (Wilde, Nishan)
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Blank 56 Filed: 4/12/2018, Entered: 4/13/2018
NOTICE TO FILER OF DEFICIENCY re: 55 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)
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Legal Document (Payment Possibly Required) 55 Filed: 4/12/2018, Entered: 4/12/2018
NOTICE re: Plaintiff's Expert Rebuttal Witness Disclosure by 87C85480 . (A084160 or 87C8548, William)
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Legal Document (Payment Possibly Required) 54 Filed: 3/16/2018, Entered: 3/16/2018
NOTICE of Service of Discovery filed by Arrowhead Towne Center LLC. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 53 Filed: 3/16/2018, Entered: 3/16/2018
NOTICE of Service of Discovery filed by Macy's West Stores Incorporated. (Wilde, Nishan)
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Legal Document (Payment Possibly Required) 52 Filed: 2/7/2018, Entered: 2/7/2018
NOTICE of Service of Discovery filed by Arrowhead Towne Center LLC. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 51 Filed: 1/22/2018, Entered: 1/22/2018 Court Filing
ORDER granting the 49 Joint Motion to Extend Deadlines as set forth in this Order. Signed by Judge Diane J Humetewa on 1/22/2018. (LFIG)
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Legal Document (Payment Possibly Required) 50 Filed: 1/19/2018, Entered: 1/19/2018
NOTICE of Service of Discovery filed by Arrowhead Towne Center LLC. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 49 Filed: 1/18/2018, Entered: 1/18/2018
Joint MOTION for Extension of Time to extend deadlines by Arrowhead Towne Center LLC. (Attachments: # 1 Text of Proposed Order Order)(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 48 Filed: 1/12/2018, Entered: 1/12/2018
NOTICE of Service of Discovery filed by Macy's West Stores Incorporated. (Wilde, Nishan)
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Legal Document (Payment Possibly Required) 47 Filed: 12/18/2017, Entered: 12/18/2017
REPORT of Settlement Talks/Discussions by Arrowhead Towne Center LLC. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 46 Filed: 12/5/2017, Entered: 12/5/2017
NOTICE of Service of Discovery filed by Macy's West Stores Incorporated. (Wilde, Nishan)
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Legal Document (Payment Possibly Required) 45 Filed: 12/4/2017, Entered: 12/4/2017
NOTICE of Service of Discovery filed by Arrowhead Towne Center LLC. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 44 Filed: 12/4/2017, Entered: 12/4/2017
NOTICE of Service of Discovery filed by Macy's West Stores Incorporated. (Wilde, Nishan)
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Legal Document (Payment Possibly Required) 43 Filed: 12/1/2017, Entered: 12/1/2017
NOTICE of Service of Discovery filed by Macy's West Stores Incorporated. (Wilde, Nishan)
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Legal Document (Payment Possibly Required) 42 Filed: 11/13/2017, Entered: 11/13/2017
NOTICE of Service of Discovery filed by Arrowhead Towne Center LLC. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 41 Filed: 11/9/2017, Entered: 11/9/2017
NOTICE of Service of Discovery filed by Macy's West Stores Incorporated. (Wilde, Nishan)
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Legal Document (Payment Possibly Required) 40 Filed: 10/30/2017, Entered: 10/30/2017
NOTICE of Service of Discovery filed by Arrowhead Towne Center LLC. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 39 Filed: 10/27/2017, Entered: 10/27/2017 Court Filing
ORDER granting the 38 Motion for Extension of Time. Discovery due by 5/23/2018. Signed by Judge Diane J Humetewa on 10/27/2017. (See Order for details.) (LFIG)
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Legal Document (Payment Possibly Required) 38 Filed: 10/25/2017, Entered: 10/25/2017
Joint MOTION for Extension of Time of Deadlines by Arrowhead Towne Center LLC. (Attachments: # 1 Text of Proposed Order Order)(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 37 Filed: 10/17/2017, Entered: 10/17/2017
Witness List by 87C85480. (A084160 or 87C8548, William)
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Legal Document (Payment Possibly Required) 36 Filed: 9/13/2017, Entered: 9/13/2017
NOTICE of Appearance by Anne Marie Orcutt on behalf of Arrowhead Towne Center LLC. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 35 Filed: 9/13/2017, Entered: 9/13/2017
ANSWER to 32 Counterclaim by Arrowhead Towne Center LLC.(Smith, Jeffrey)
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Legal Document (Payment Possibly Required) 34 Filed: 9/12/2017, Entered: 9/12/2017
NOTICE of Appearance by Nishan Joseph Wilde on behalf of Macy's West Stores Incorporated. (Wilde, Nishan)
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Legal Document (Payment Possibly Required) 33 Filed: 8/22/2017, Entered: 8/22/2017 Court Filing
RULE 16 SCHEDULING ORDER: Discovery due by 5/23/2018. Dispositive motions due by 7/13/2018. ORDERED vacating the Rule 16 Scheduling Conference for 9/11/2017. Signed by Judge Diane J Humetewa on 8/22/2017. (See Order for details.) (LFIG)
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Legal Document (Payment Possibly Required) 32 Filed: 8/18/2017, Entered: 8/18/2017
COUNTERCLAIM and Answer against Arrowhead Towne Center LLC filed by Macy's West Stores Incorporated.(Zelms, Robert)
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Legal Document (Payment Possibly Required) 31 Filed: 8/14/2017, Entered: 8/14/2017
NOTICE of Appearance by Jeffrey Lincoln Smith on behalf of Arrowhead Towne Center LLC. (Smith, Jeffrey)
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Legal Document (Payment Possibly Required) 30 Filed: 8/8/2017, Entered: 8/8/2017
REPORT of Rule 26(f) Planning Meeting by Macy's West Stores Incorporated. (Attachments: # 1 Text of Proposed Order)(Zelms, Robert)
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Legal Document (Payment Possibly Required) 29 Filed: 7/31/2017, Entered: 7/31/2017 Court Filing
ORDER granting 28 Stipulation: The August 15, 2017 Scheduling Conference is vacated and RESET for 9/11/2017 at 11:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 07/31/2017. (KAS)
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Legal Document (Payment Possibly Required) 28 Filed: 7/28/2017, Entered: 7/28/2017
STIPULATION to Continue Scheduling Conference by 87C85480. (Attachments: # 1 Order)(87C8548 or A084160, William) Modified docket text on 7/31/2017 (KAS).
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Legal Document (Payment Possibly Required) 27 Filed: 7/25/2017, Entered: 7/25/2017
NOTICE of Service of Discovery filed by Arrowhead Towne Center LLC. (Dodd, Dane)
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Legal Document (Payment Possibly Required) 26 Filed: 7/24/2017, Entered: 7/24/2017
Corporate Disclosure Statement by Macy's West Stores Incorporated identifying Corporate Parent Macy's Incorporated for Macy's West Stores Incorporated. (Zelms, Robert)
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Legal Document (Payment Possibly Required) 25 Filed: 7/24/2017, Entered: 7/24/2017
*NOTICE of Service of Discovery re: Plaintiff's Rule 26.1 Initial Disclosure Statement by Plaintiffs 87C85480. (87C8548 or A084160, William) *Modified to correct event on 7/25/2017 (REK).
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Legal Document (Payment Possibly Required) 24 Filed: 7/20/2017, Entered: 7/20/2017
NOTICE of Service of Discovery filed by Macy's West Stores Incorporated. (Zelms, Robert)
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Legal Document (Payment Possibly Required) 23 Filed: 6/29/2017, Entered: 6/29/2017
NOTICE of Service of Discovery filed by Arrowhead Towne Center LLC. (Dodd, Dane)
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Legal Document (Payment Possibly Required) 22 Filed: 6/22/2017, Entered: 6/22/2017 Court Filing
ORDER setting a Rule 16 Scheduling Conference for 8/15/2017 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 6/21/2017. (See Order for details.) (LFIG)
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Legal Document (Payment Possibly Required) 21 Filed: 6/9/2017, Entered: 6/9/2017
Corporate Disclosure Statement by Arrowhead Towne Center LLC identifying Corporate Parent Arrowhead Towne Center, LLC for Arrowhead Towne Center LLC. (Smith, Jeffrey)
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Legal Document (Payment Possibly Required) 20 Filed: 6/7/2017, Entered: 6/7/2017
DEFENDANT'S DEMAND for Jury Trial by Arrowhead Towne Center LLC. (Smith, Jeffrey)
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Legal Document (Payment Possibly Required) 19 Filed: 6/7/2017, Entered: 6/7/2017
ANSWER to 15 Amended Complaint by Arrowhead Towne Center LLC.(Smith, Jeffrey)
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Legal Document (Payment Possibly Required) 18 Filed: 5/31/2017, Entered: 5/31/2017
ANSWER to 15 Amended Complaint by Macy's West Stores Incorporated.(Zelms, Robert)
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Legal Document (Payment Possibly Required) 17 Filed: 5/24/2017, Entered: 5/24/2017
NOTICE of Service of Discovery filed by Macy's West Stores Incorporated. (Zelms, Robert)
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Legal Document (Payment Possibly Required) 16 Filed: 5/18/2017, Entered: 5/18/2017
Summons Issued as to Arrowhead Towne Center LLC, Macy's West Stores Incorporated. (Attachments: # 1 Summons)(REK). *** 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) 15 Filed: 5/17/2017, Entered: 5/17/2017
AMENDED COMPLAINT First against All Defendants filed by 87C85480. (Attachments: # 1 Summons, # 2 Summons)(A084160 or 87C8548, William)
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Legal Document (Payment Possibly Required) 14 Filed: 5/17/2017, Entered: 5/17/2017 Court Filing
ORDER granting the parties' 13 Stipulation; Plaintiffs must file their First Amended Complaint and Amended Summons within three days of the date of this Order. Defendants' responsive pleadings must be filed no later than 21 days after the filing of the First Amended Complaint. Signed by Judge Diane J Humetewa on 5/16/2017. (ATD)
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Legal Document (Payment Possibly Required) 13 Filed: 5/12/2017, Entered: 5/12/2017
STIPULATION by 87C85480. (Attachments: # 1 Summons, # 2 Summons)(A084160 or 87C8548, William)
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Legal Document (Payment Possibly Required) 12 Filed: 3/31/2017, Entered: 3/31/2017 Court Filing
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiffs serve a copy of this Order upon Defendants and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 3/31/2017. (LFIG)
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Blank 11 Filed: 3/31/2017, Entered: 3/31/2017 Court Filing
MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Diane J. Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-17-735-PHX-DJH. FURTHER ORDERED that the Order to Show Cause Hearing scheduled for April 24, 2017 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
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Blank 10 Filed: 3/30/2017, Entered: 3/31/2017 Court Filing
Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
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Legal Document (Payment Possibly Required) 9 Filed: 3/27/2017, Entered: 3/27/2017 Court Filing
Order that 87C85480 show cause for failure to comply with LRCiv 3.7(b) before Judge G Murray Snow. Show Cause Hearing set for 4/24/2017 at 04:30 PM before Judge G Murray Snow. (Attachments: # 1 Instructions, # 2 Consent Form)(MAP)
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Legal Document (Payment Possibly Required) 8 Filed: 3/14/2017, Entered: 3/14/2017
Summons Issued as to Arrowhead Towne Center LLC, Macy's West Stores Incorporated. (Attachments: # 1 Summons)(SLQ). *** 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) 7 Filed: 3/13/2017, Entered: 3/13/2017
SUMMONS Submitted by 87C85480. (87C8548 or A084160, William)
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Legal Document (Payment Possibly Required) 6 Filed: 3/13/2017, Entered: 3/13/2017
SUMMONS Submitted by 87C85480. (87C8548 or A084160, William)
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Blank 5 Filed: 3/13/2017, Entered: 3/13/2017
ORDER pursuant to General Order 09-08 granting 3 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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Blank  Filed: 3/13/2017, Entered: 3/13/2017
PRO HAC VICE FEE PAID. $ 35, receipt number PHX183090 as to William H A084160 or 87C8548. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Legal Document (Payment Possibly Required) 4 Filed: 3/10/2017, Entered: 3/10/2017
Filing fee paid, receipt number PHX183089. This case has been assigned to the Honorable David K. Duncan. All future pleadings or documents should bear the correct case number: CV-17-00735-PHX-DKD. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form)(REK)
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Legal Document (Payment Possibly Required) 3 Filed: 3/10/2017, Entered: 3/10/2017
MOTION for Admission Pro Hac Vice as to attorney William H. A084160 or 87C8548 on behalf of 87C85480. (REK)
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Legal Document (Payment Possibly Required) 2 Filed: 3/10/2017, Entered: 3/10/2017
SUMMONS Submitted by 87C85480. (Attachments: # 1 Summons)(REK)
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Legal Document (Payment Possibly Required) 1 Filed: 3/10/2017, Entered: 3/10/2017
COMPLAINT. Filing fee received: $400.00, receipt number PHX183089 filed by 87C85480. (Attachments: # 1 Civil Cover Sheet)(REK)
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