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 62 |
Filed: 9/12/2017, Entered: 9/12/2017 |
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CONSENT JUDGMENT ORDER granting 58 Joint Motion to Seal and Directing the Clerk of Court to file the lodged Exhibit 1 (Doc. 59 ) under seal with this Consent Judgment Order. FURTHER ORDERED granting the remaining portion of the Joint Motion as follows: See Judgment for Details. FURTHER ORDERED Pursuant to Fed. R. Civ. P. 41(a)(2), this action in its entirety is HEREBY DISMISSED WITH PREJUDICE, with each party to bear its own costs and attorneys'fees. Signed by Judge G Murray Snow on 9/12/17. (Attachments: # 1 Sealed Exhibit 1) (MAP)
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| 61 |
Filed: 9/11/2017, Entered: 9/11/2017 |
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MINUTE ORDER - Upon the filing of 58 Motion, 60 Minute Order is hereby vacated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD)
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| 60 |
Filed: 9/8/2017, Entered: 9/8/2017 |
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** VACATED BY 61 ** MINUTE ORDER: Pursuant to 57 Order, Defendant Demilec (USA) Incorporated is hereby dismissed with prejudice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) Modified on 9/11/2017 (LAD).
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| 59 |
Filed: 9/1/2017, Entered: 9/1/2017 |
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*FILED at Doc., 62 * SEALED LODGED Proposed Exhibit 1 to Consent Order re: 58 Joint MOTION (i) to Seal Exhibit 1 to the Proposed Consent Order, (ii) Entry of Consent Order and Sealing of Consent Order Exhibit 1, and (iii) Dismiss All Claims Against Defendants . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Southwest Distributing Company. (Montecuollo, Peter) *Modified on 9/12/2017 (MAP)*.
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Request |
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| 58 |
Filed: 9/1/2017, Entered: 9/1/2017 |
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*Joint MOTION (i) to Seal Exhibit 1 to the Proposed Consent Order, (ii) Entry of Consent Order and Sealing of Consent Order Exhibit 1, and (iii) Dismiss All Claims Against Defendants by Southwest Distributing Company. (Attachments: # 1 Text of Proposed Order)(Montecuollo, Peter) *Modified event on 9/5/2017 (SCH). * Added MOTION to Dismiss All Claims Against Demilec and Simpson With Prejudice Pursuant to Fed.R.Civ.P. 41(a)(2) on 9/11/2017 (LAD).
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Request |
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| 57 |
Filed: 8/7/2017, Entered: 8/7/2017 |
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ORDER: The Court has been advised that this case has settled between Plaintiff and Defendant Demilec (USA) Inc. only 56 . Defendant Demilec (USA) Inc. will,without further Order of this Court, be dismissed with prejudice within 30 days of the date of this Order unless a stipulation to dismiss is filed prior to the dismissal date. The Clerk of Court shall terminate Defendant Demilec (USA) Inc. on 9/6/2017 without further leave of Court. Signed by Judge G Murray Snow on 8/7/2017. (LMR)
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Request |
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| 56 |
Filed: 8/4/2017, Entered: 8/4/2017 |
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NOTICE of Settlement by Southwest Distributing Company. (Montecuollo, Peter)
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Request |
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| 55 |
Filed: 8/4/2017, Entered: 8/4/2017 |
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The settlement judge after telephonic discussions with counsel believes that it is not likely that settlement discussions with all parties at the scheduled settlement conference next week would be productive. Accordingly the settlement conference will be vacated and the Court will make a further inquiry with counsel in 3 weeks time to explore whether further court mediation is warranted. IT IS ORDERED the Settlement Conference, presently set for 8/10/2017 at 1:30 PM before Judge Duncan is VACATED. Ordered by Magistrate Judge David K. Duncan. (DKD/ah)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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| 54 |
Filed: 6/22/2017, Entered: 6/22/2017 |
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MINUTE ORDER: Settlement Conference set for 8/10/2017 at 1:30 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)
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| 53 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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MINUTE ENTRY for proceedings held before Magistrate Judge David K. Duncan: Settlement Conference held on 3/27/2017. The parties did not reach a settlement. APPEARANCES: David Barker for Plaintiff Southwest Distributing Company appearing with client representative Steven J. Perkins, Jr.; Ken Motolenich-Salas for Defendant Demilec (USA) Incorporated appearing with client representative Elizabeth Lalli-Reese; Maria Crimi Speth and Aaron Haar appearing with and on behalf of Defendant Walter Robert Simpson. A court reporter was not present nor were the proceedings recorded. Settlement Conference held 1:30 PM to 4:58 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| 52 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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NOTICE of Service of Discovery filed by Southwest Distributing Company. (Montecuollo, Peter)
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Request |
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| 51 |
Filed: 3/7/2017, Entered: 3/7/2017 |
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NOTICE of Service of Discovery filed by Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 50 |
Filed: 3/3/2017, Entered: 3/3/2017 |
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NOTICE of Service of Discovery filed by Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 49 |
Filed: 2/24/2017, Entered: 2/24/2017 |
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NOTICE of Service of Discovery filed by Southwest Distributing Company. (Montecuollo, Peter)
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Request |
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| 48 |
Filed: 2/22/2017, Entered: 2/22/2017 |
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ORDER: Having considered the parties' Stipulation for Email Service of Discovery Requests and Discovery Responses (Doc. 46 ), and good cause appearing, IT IS HEREBY ORDERED that (i) email service of discovery requests and discovery responses between the parties be permitted in this action, with the date of email transmittal of the discovery requests considered as the date of service for purposes of determining the relevant response period, and (ii) pursuant to Rules 5(b)(2) (F) and 6(d) of the Federal Rules of Civil Procedure, response times for all documents served by email shall include three additional days after the period would otherwise expire under Fed. R. Civ. P. 6(a). Signed by Judge G Murray Snow on 2/22/2017. (REK)
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Request |
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| 47 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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NOTICE of Service of Discovery filed by Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 46 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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*STIPULATION for Email Service of Discovery Requests and Discovery Responses by Demilec (USA) Incorporated. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) *Modified to correct event on 2/22/2017 (REK).
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Request |
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| 45 |
Filed: 2/17/2017, Entered: 2/17/2017 |
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*NOTICE of Service of Discovery re: Plaintiff's First Supplemental Disclosure by Southwest Distributing Company . (Montecuollo, Peter) *Modified to correct event on 2/21/2017 (REK).
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Request |
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| 44 |
Filed: 2/17/2017, Entered: 2/17/2017 |
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*NOTICE of Service of Discovery re: Service of Exhibit 2 to Plaintiff's Initial Disclosure by Southwest Distributing Company . (Montecuollo, Peter) *Modified to correct event on 2/21/2017 (REK).
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Request |
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| 42 |
Filed: 2/10/2017, Entered: 2/10/2017 |
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NOTICE of Service of Discovery filed by Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 41 |
Filed: 2/9/2017, Entered: 2/9/2017 |
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SETTLEMENT CONFERENCE ORDER: This case has been referred to United States Magistrate Judge David K. Duncan for a Settlement Conference. All parties (and decision-makers as described above) and their counsel who are responsible for trial of this case SHALL physically appear before the undersigned settlement judge, Courtroom 305, Sandra Day O'Connor U.S. Courthouse, 401 West Washington Street, Phoenix, Arizona on Monday, March 27, 2017, at 1:30 p.m. See document for further details. Signed by Magistrate Judge David K Duncan on 2/09/2017. (REK)
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Request |
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| 43 |
Filed: 2/3/2017, Entered: 2/10/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference proceedings held on 02/03/2017, before Judge G. Murray Snow. (Court Reporter: Gary Moll). 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 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (RAP)
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Request |
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| 40 |
Filed: 2/3/2017, Entered: 2/3/2017 |
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ORDER pursuant to 37 Stipulation, this matter is referred to United States Magistrate Judge David K. Duncan for a settlement conference. Counsel are directed to jointly contact Judge Duncan's Chambers at (602) 322-7630 no later than February 10, 2017 to schedule a date and time for the settlement conference and for instructions regarding preparation for such conference. Signed by Judge G Murray Snow on 2/3/17. (EJA)
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Request |
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| 39 |
Filed: 2/3/2017, Entered: 2/3/2017 |
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CASE MANAGEMENT ORDER: Discovery due by 11/10/2017. Dispositive motions due by 5/25/2018. See attached Order for details. Signed by Judge G Murray Snow on 2/3/2017. (KFZ)
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Request |
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| 38 |
Filed: 2/3/2017, Entered: 2/3/2017 |
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MINUTE ENTRY for proceedings held before Judge G Murray Snow: Scheduling Conference held on 2/3/2017. Deadlines discussed and entered. Order to follow. APPEARANCES: Sid Leach, David Barker, and Peter Montecuollo for Plaintiff. Kenneth Motolenich-Salas for Defendant Demilec (USA) Inc. Maria Speth for Defendant Walter Simpson. (Court Reporter Gary Moll.) Hearing held 9:47 AM to 10:11 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ)
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| 37 |
Filed: 2/3/2017, Entered: 2/3/2017 |
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STIPULATION and request for settlement conference by Southwest Distributing Company. (Attachments: # 1 Text of Proposed Order)(Leach, Sid)
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Request |
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| 36 |
Filed: 2/3/2017, Entered: 2/3/2017 |
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TRANSCRIPT REQUEST Rule 16 Scheduling Conference by Southwest Distributing Company for proceedings held on February 3, 2017, Judge G Murray Snow hearing judge(s). (Montecuollo, Peter)
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Request |
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| 35 |
Filed: 2/3/2017, Entered: 2/3/2017 |
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TRANSCRIPT REQUEST for Rule 16 Conference by Demilec (USA) Incorporated for proceedings held on Feb. 3, 2017, Judge G Murray Snow hearing judge(s). (Motolenich-Salas, Kenneth)
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Request |
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| 34 |
Filed: 1/27/2017, Entered: 1/27/2017 |
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*NOTICE of Service of Discovery re: Service of Plaintiff's Initial Disclosure by Southwest Distributing Company . (Montecuollo, Peter) *Modified to correct event on 1/30/2017 (REK).
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Request |
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| 33 |
Filed: 1/27/2017, Entered: 1/27/2017 |
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*NOTICE of Service of Discovery re: Service of Initial Disclosure Statement by Walter Robert Simpson . (Speth, Maria) *Modified to correct event on 1/30/2017 (REK).
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Request |
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| 32 |
Filed: 1/27/2017, Entered: 1/27/2017 |
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REPORT of Rule 26(f) Planning Meeting by Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 31 |
Filed: 1/26/2017, Entered: 1/26/2017 |
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NOTICE of Service of Discovery filed by Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 30 |
Filed: 1/20/2017, Entered: 1/20/2017 |
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NOTICE of Service of Discovery filed by Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 29 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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REDACTED ANSWER to 19 Amended Complaint with Jury Demand by Demilec (USA) Incorporated.(Motolenich-Salas, Kenneth)
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Request |
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 28 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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SEALED ANSWER to 19 Amended Complaint with Jury Demand by Demilec (USA) Incorporated.(MAP)
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| 27 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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ORDER granting 26 Motion to Seal. The Clerk of the Court is directed to file under seal Defendant Demilec (USA) Inc.'s Answer (Doc. 12 ). FURTHER ORDERED that Defendant Demilec (USA) Inc. shall forthwith file a redacted copy of the Answer, consistent with Exhibit 1 to Plaintiff's Motion. Signed by Judge G Murray Snow on 1/19/17.(MAP)
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Request |
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| 26 |
Filed: 1/18/2017, Entered: 1/18/2017 |
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MOTION to Seal Document 12 Answer to Complaint (Unopposed) by Southwest Distributing Company. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Montecuollo, Peter)
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Request |
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| 25 |
Filed: 1/18/2017, Entered: 1/18/2017 |
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ORDER: Pursuant to the parties' Stipulated Protective Order (Doc. 24 ) to expedite the flow of discovery material, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that only materials the parties are entitled to keep confidential are subject to such treatment, and to ensure that the parties are permitted reasonably necessary uses of such materials in preparation for and in the conduct of trial, pursuant to Fed. R.Civ. P. 26(c): See document for further details. This Protective Order does not apply to trial, and the use of Material at trial will be subject to a separate order. Signed by Judge G Murray Snow on 1/18/2017. (REK)
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Request |
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| 24 |
Filed: 1/13/2017, Entered: 1/13/2017 |
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Joint MOTION for Protective Order by Demilec (USA) Incorporated. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth)
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Request |
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| 23 |
Filed: 1/12/2017, Entered: 1/12/2017 |
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Corporate Disclosure Statement by Demilec (USA) Incorporated identifying Corporate Parent Sun Capital Partners, Inc., Corporate Parent Lux Insulation Holdings S.A.R.L., Corporate Parent Insulation Operations Holdings, S.A.R.L. for Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 22 |
Filed: 1/12/2017, Entered: 1/12/2017 |
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NOTICE of Service of Discovery filed by Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 21 |
Filed: 1/10/2017, Entered: 1/10/2017 |
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NOTICE of Service of Discovery filed by Southwest Distributing Company. (Leach, Sid)
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Request |
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| 20 |
Filed: 1/10/2017, Entered: 1/10/2017 |
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NOTICE of Service of Discovery filed by Southwest Distributing Company. (Leach, Sid)
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Request |
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| 19 |
Filed: 1/10/2017, Entered: 1/10/2017 |
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AMENDED COMPLAINT against Demilec (USA) Incorporated, Walter Robert Simpson filed by Southwest Distributing Company. (Attachments: # 1 Exhibit 1 - 4)(Leach, Sid)
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Request |
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| 18 |
Filed: 1/10/2017, Entered: 1/10/2017 |
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NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Southwest Distributing Company . (Attachments: # 1 Exhibit A)(Leach, Sid)
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Request |
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| 17 |
Filed: 1/4/2017, Entered: 1/4/2017 |
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PLAINTIFF'S DEMAND for Jury Trial by Southwest Distributing Company. (Montecuollo, Peter)
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Request |
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| 16 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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Corporate Disclosure Statement by Southwest Distributing Company. (Montecuollo, Peter)
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Request |
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| 15 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of a motion to dismiss to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon any Defendant(s) that have not yet appeared in this action and file notice of service. Signed by Judge G Murray Snow on 12/22/2016. (KFZ)
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Request |
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| 14 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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ORDER - Scheduling Conference is set for 2/3/2017 at 9:45 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Signed by Judge G Murray Snow on 12/22/2016. (KFZ)
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Request |
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| 13 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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NOTICE re: Filing of State Court Action Stipulation by Demilec (USA) Incorporated . (Attachments: # 1 Exhibit 1-Stipulation from State Court Action)(Motolenich-Salas, Kenneth)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 12 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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*FILED at Doc. 28 *LODGED PROPOSED DOCUMENT ANSWER to 1 Notice of Removal with Jury Demand by Demilec (USA) Incorporated.(Motolenich-Salas, Kenneth) *Modified on 1/13/2017 to lodge under seal pursuant to GMS Chambers (MAP)*. *Modified on 1/19/2017 (MAP)*.
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Request |
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| 11 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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WITHDRAWAL OF DOCUMENT re: 9 Notice (Other) by Defendant Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 10 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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SUPPLEMENT Supplemental Civil Cover Sheet re: 4 Notice of Deficiency (Text Only) by Defendant Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 9 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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***Withdrawn by 11 ***NOTICE re: Notice of Filing of State Court Docket Sheet by Demilec (USA) Incorporated . (Attachments: # 1 Exhibit 1)(Motolenich-Salas, Kenneth) Modified on 12/23/2016 (REK).
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Request |
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| 8 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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NOTICE re: Filing Maricopa County Superior Court Docket Sheet by Demilec (USA) Incorporated re: 4 Notice of Deficiency (Text Only) . (Attachments: # 1 Exhibit 1-Docket Sheet from Superior Court ECR System, # 2 Exhibit 2-Docket Sheet from Superior Court Clerk Website)(Motolenich-Salas, Kenneth)
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Request |
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| 7 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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NOTICE of Attorney Substitution by Kenneth Michael Motolenich-Salas. (Motolenich-Salas, Kenneth)
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Request |
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| 6 |
Filed: 12/21/2016, Entered: 12/21/2016 |
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*Amended Corporate Disclosure Statement by Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth) *Modified to reflect amended pleading on 12/22/2016 (REK).
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Request |
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| 5 |
Filed: 12/21/2016, Entered: 12/21/2016 |
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Corporate Disclosure Statement by Demilec (USA) Incorporated. (Motolenich-Salas, Kenneth)
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Request |
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| 4 |
Filed: 12/21/2016, Entered: 12/21/2016 |
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NOTICE TO FILER OF DEFICIENCY re: 1 Notice of Removal filed by Demilec (USA) Incorporated. Required document is not attached. FOLLOW-UP ACTION REQUIRED: Please file Supplemental Cover Sheet and Copy of Maricopa County Superior Court Docket Sheet. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK)
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| 3 |
Filed: 12/21/2016, Entered: 12/21/2016 |
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NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Demilec (USA) Incorporated, Southwest Distributing Company. (REK)
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Request |
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| 2 |
Filed: 12/21/2016, Entered: 12/21/2016 |
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Filing fee paid, receipt number 0970-13740461. This case has been assigned to the Honorable G. Murray Snow. All future pleadings or documents should bear the correct case number: CV-16-04504-PHX-GMS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK)
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Request |
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Filed: 12/21/2016, Entered: 12/21/2016 |
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*****State Court record received on 12/21/2016****SERVICE EXECUTED filed by Southwest Distributing Company: Rule 4 Waiver of Service of Summons. Waiver signed by counsel on 12/15/2016 to Demilec (USA) Incorporated.*****Acceptance of Service filed in State Court on 12/16/2016, docketed in U.S. District Court on 12/21/2016 for case management purposes.***** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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Filed: 12/21/2016, Entered: 12/21/2016 |
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*****State Court record received on 12/21/2016*****ANSWER to Complaint re: 1 Notice of Removal by Walter Robert Simpson.*****filed in State Court on 10/24/2016, docketed in U.S. District Court on 12/21/2016 for case management purposes.*****(REK)
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| 1 |
Filed: 12/21/2016, Entered: 12/21/2016 |
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NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2016-014365. Filing fee received: $400.00, receipt number 0970-13740461 filed by Demilec (USA) Incorporated. (submitted by Kenneth Motolenich-Salas) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (REK)
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Request |
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