U.S. District Courts - Arizona ©   Coverage   Help   Search Westlaw   Topic: AllCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnvironmental LawFinance & BankingFirst AmendmentGovernment BenefitsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsMilitary LawNative Americans LawPension & Retirement BenefitsTaxationTransportation Ronald James MITCHELL, Plaintiff, v. Joseph DEDMAN, Jr., et al, Defendant. , D.Ariz., February 1, 2010 ORDER JAMES A. TEILBORG, District Judge. This matter arises on the Court's review. Plaintiff commenced this action on July 28, 2009. (docket # 1) On August 13, 2009, the Court granted Plaintiff in forma pauperis status. (docket # 4) The Court also directed Plaintiff to notify the Court in writing of any change in his address and warned Plaintiff that failure to do so could result in dismissal of this action. (Id.) Local Rule of Civil Procedure 83.3(d) also requires Plaintiff to notify the Cou... Michael Shane CHRISTOPHER; Frank Buchanan, Plaintiffs, v. SMITHKLEIN BEECHAM CORP., Defendant. , D.Ariz., February 1, 2010 ORDER FREDERICK J. MARTONE, District Judge. On November 20, 2009, we entered an order (doc. 93) granting summary judgment in favor of defendant, based on our conclusion that pharmaceutical sales representatives fit within the outside sales exemption of the Fair Labor Standards Act ("FLSA"). 29 U.S.C. § 213(a)(1). We now have before us plaintiffs' motion to alter or amend the judgment (doc. 96), defendant's response (doc. 97), and plaintiffs' reply (doc. 98). This case turns on the definiti... Nancy GUEDA, Plaintiff, v. WELLS FARGO BANK, as trustee for Harborview 2006-10; Douglas A Toleno, Esq.; David E. McAllister, Esq.; Rochelle L. Stanford, Esq.; Pite Duncan, LLP, Does 1-10, Defendants. , D.Ariz., February 1, 2010 ORDER MARY H. MURGUIA, District Judge. Currently pending before the Court is pro-se Plaintiff Nancy Gueda's Verified Complaint For Declaratory Relief to Void Forcible Entry and Detainer. (Dkt.# 1). Before it would consider the merits of her petition, the Court ordered Plaintiff to give notice to Defendants of this action. (Dkt.# 5). Plaintiff has complied with the Court's directive, and after reviewing the pleadings, and determining that oral argument is unnecessary, the Court issues the foll... Donna Mae ROBINSON, Plaintiff, v. HERITAGE ELEMENTARY SCHOOL, Defendant. , D.Ariz., February 1, 2010 ORDER LAWERNCE O. ANDERSON, United States Magistrate Judge. This case arises on the Court's review of Plaintiff's timely lodged Second Amended Complaint and attached exhibits. (docket # 44) As discussed below, the Court will grant Plaintiff leave to amend and will deny Defendant's Motion to Dismiss as moot. Plaintiff, a non-lawyer elementary school teacher, represented herself from the initial filing of her pro se Complaint until Defendant Heritage Elementary School, through counsel, filed... Shaheda ALI, Plaintiff, v. James B. PEAKE, Secretary of Veterans Affairs., Defendant. , D.Ariz., February 1, 2010 ORDER DAVID G. CAMPBELL, District Judge. Defendant James B. Peake, Secretary of Veterans Affairs, has filed a motion for summary judgment. Dkt. # 27. Plaintiff Shaheda Ali opposes the motion. Dkt. # 31. The motion is fully briefed and neither party requests oral argument. For the reasons that follow, the Court will grant the motion for summary judgment. I. Background. Plaintiff filed a complaint under Title VII alleging discrimination based on her race and religion. Dkt. # 1. Plaintiff is ... NATIONAL LABOR RELATIONS BOARD, Plaintiff, v. CEMEX, INC., Defendant. , D.Ariz., February 1, 2010 AMENDED ORDER (amending Order at Doc. # 25) JAMES A. TEILBORG, District Judge. Pending before the Court is National Labor Relations Board's ("NLRB") application pursuant to § 11(2) of the National Labor Relations Act, 29 U.S.C. § 161(2) for compliance on the part of CEMEX, Inc. ("CEMEX") with a subpoena duces tecum dated September 4, 2009 (Doc. # 1). The Court held an initial hearing on December 7, 2009. On the basis of the December 7 hearing and the arguments contained in the parties' mo... Gerald D. KIRKISH, Plaintiff, v. MESA IMPORTS, INC., Defendant. , D.Ariz., February 1, 2010 ORDER NEIL V. WAKE, District Judge. Plaintiff Gerald Kirkish was employed by Honda Cars of Mesa, an automobile dealership operated by Defendant Mesa Imports, Inc. ("Mesa Imports"), from approximately July 2003 until his employment was terminated on August 9, 2007. On October 27, 2008, Kirkish filed his Complaint (doc. # 1) alleging that Mesa Imports violated the Americans with Disabilities Act of 1990 ("ADA") by inquiring into his medications. The Complaint was amended on February 25, 2009, t... EVANSTON INSURANCE COMPANY, Plaintiff, v. HEARTHSTONE OF SUN CITY, LLC; et al., Defendants. Lexington Insurance Company, Plaintiff, v. Hearthstone of Sun City, LLC; et al., Defendants. , D.Ariz., January 29, 2010 ORDER FREDERICK J. MARTONE, District Judge. We now have before us Lexington Insurance Company's motion for summary judgment (doc. 99), defendants Hearthstone of Sun City, LLC, HSC Property, LLC, Unispec Facilities Management and Pamela Tyler's (collectively, "Hearthstone") response (doc. 116), and Lexington's reply (doc. 122); Hearthstone's motion for summary judgment (doc. 101), Lexington's response (doc. 112), and Hearthstone's reply (doc. 120). We also have before us Lexington's motion to ... Daniel BUSTAMANTE, Plaintiff, v. Hector GONZALEZ, et al., Defendants. , D.Ariz., January 29, 2010 ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Daniel Bustamante filed this civil rights action under 42 U.S.C. § 1983 against various employees of the Phoenix Police Department. (Second Amend. Comp., Doc. # 54.) The parties cross-move for summary judgment. [FN1] (Doc. 106, 108.) The motions are fully briefed. (Doc. 113, 114, 116, 119.) For the reasons that follow, the Court will deny Plaintiff's motion, grant Defendants' motion, and terminate the action. FN1. The Court issued a ... Robert Glen JONES, Jr., Petitioner, v. Charles L. RYAN, et al., [FN1] Respondents. FN1. Charles L. Ryan, Interim Director of the Arizona Department of Corrections, is substituted for his predecessor pursuant to Fed.R.Civ.P. 25(d)(1). , D.Ariz., January 29, 2010 MEMORANDUM OF DECISION AND ORDER DAVID C. BURY, District Judge. Robert Glen Jones, Jr. (Petitioner) has filed an Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, alleging that he is imprisoned and sentenced to death in violation of the United States Constitution. (Dkts.27, 28.) [FN2] For the reasons set forth herein, the Court determines that Petitioner is not entitled to habeas relief. FN2. "Dkt." refers to the documents in this Court's file. PROCEDURAL HISTOR... Debra Jean MILKE, Plaintiff, v. Charles RYAN, et al., Defendant. , D.Ariz., January 29, 2010 FINDINGS AND ORDER ROBERT C. BROOMFIELD, Senior District Judge. On November 28, 2006, this Court denied Petitioner's amended habeas petition. (Dkts.151, 152.) In an order filed September 28, 2009, the Ninth Circuit Court of Appeals, stating that "[a] complete review of the record discloses no evidence supporting a finding that petitioner voluntarily, knowingly and intelligently waived her rights under Miranda v. Arizona, 384 U.S. 436, 444-45 (1966)," remanded the case and instructed this Cour... UNITED STATES ex rel. Mary A. CAFASSO, Plaintiff-Relator, v. GENERAL DYNAMICS C4 SYSTEMS, INC., Defendant. General Dynamics C4 Systems, Inc., Counterclaimant, v. Mary A. Cafasso, Counterdefendant. , D.Ariz., January 29, 2010 ORDER NEIL V. WAKE, District Judge. Before the Court is Relator's Motion to Stay November 4, 2009 Order Pending Appeal (doc. # 423) and Relator's Motion to Waive Rule 62(d) Bond Requirement and Grant Stay of Judgment Pending Appeal (doc. # 425). I. Background Relator Mary Cafasso brought suit in this Court against her former employer General Dynamics C4 Systems, Inc. ("GDC4S") after GDC4S brought suit against her in state court alleging breach of contract and other claims for her taking of... Samuel R. JOHNSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Ariz., January 29, 2010 ORDER G. MURRAY SNOW, District Judge. Pending before the Court is Plaintiff Samuel R. Johnson's appeal of the Social Security Administration's (the "Administration") decision to deny benefits. (Dkt.# 18.) For the following reasons, the Court affirms the decision. BACKGROUND Plaintiff applied for disability insurance benefits on July 3, 1991, and he was initially found disabled as of December 9, 1991, due to several impairments that met the criteria of Listing 12.05(C), 20 C.F.R. pt. 404, su... Scott MALCOMSON, Plaintiff, v. THE TOPPS COMPANY, INC., Defendant. , D.Ariz., January 29, 2010 ORDER G. MURRAY SNOW, District Judge. Pending before the Court are the Motion for Summary Judgment (Dkt.# 46) filed by Plaintiff Scott Malcomson ("Malcomson") and the Cross-Motion for Summary Judgment (Dkt.# 53) filed by Defendant The Topps Company, Inc. ("Topps"). For the following reasons, the Court grants summary judgment in favor of Topps and denies Malcomson's motion as moot. BACKGROUND [FN1] FN1. Because Malcomson did not present to the Court a separate statement of facts as required ... FREELIFE INTERNATIONAL, INC., Plaintiff, v. AMERICAN EDUCATIONAL MUSIC PUBLICATIONS, INC., a Delaware company; David Lucas Burge, Defendants. , D.Ariz., January 29, 2010 ORDER LAWRENCE O. ANDERSON, United States Magistrate Judge. This case arises on Plaintiff's Motion to Privately Disclose Attorneys' Fees to Settlement Conference Judge and Motion for Expedited Consideration, [FN1] filed on January 25, 2010. (docket # 169) Plaintiff Freelife International, Inc. ("Freelife" or "Plaintiff") requests "that the parties not be required to disclose an estimate of the costs and time to be expended for trial, including the parties' past and future attorneys' and expe... MERCHANT TRANSACTION SYSTEMS, INC., Plaintiff, v. NECELA, INC., et al., Defendants. and Related Counterclaims, Cross-Claims, and Third Party Claims. , D.Ariz., January 29, 2010 ORDER MARY H. MURGUIA, District Judge. This Court is in possession of the POST Parties' Application for Temporary Restraining Order Without Notice and Preliminary Injunction, (Dkt. # 829). On January 21, 2010, this Court issued an ex parte Temporary Restraining Order ("TRO"), enjoining Leonard Campagna from transferring any assets except those expended in the ordinary course of business or to pay for ordinary household expenses. (Dkt.# 830). It held a hearing on January 29, 2009, to determine... GRISSOM, et al., Plaintiffs, v. FREEPORT-McMORAN CORP., et al., Defendants. , D.Ariz., January 29, 2010 ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Tracey Grissom has filed a motion to extend the expert witness disclosure deadline in this case. Dkt. # 47. Plaintiff's motion was filed three days after the January 16, 2010 deadline for disclosing her experts. See Dkt. 32, 47. Defendant has filed a response. Dkt # 48. Plaintiff's motion seeks to extend the expert disclosure deadlines 45 days. For the reasons set forth below, the Court will deny the motion. At a case management conference... Joan W. BROWN, Plaintiff, v. State of ARIZONA and the County of Maricopa, Arizona, Defendant. , D.Ariz., January 28, 2010 Stephen G. Montoya, Montoya Jimenez PA, Phoenix, AZ, for Plaintiff. Alisa Ann Blandford, Mary Collins Cronin Office of the Attorney General, Phoenix, AZ, for Defendant. ORDER G. MURRAY SNOW, District Judge. Pending before the Court is the Motion to Dismiss filed by Defendant Maricopa County. (Dkt.# 13.) For the following reasons, the Court denies the Motion. [FN1] FN1. Ms. Brown's request for oral argument is denied. The parties have thoroughly discussed the law and the evidence, and ora... William Michael TOMPKINS; Kimberly J. Tompkins, husband and wife, Plaintiffs, v. BANK OF AMERICA NATIONAL ASSOCIATION; Lasalle Bank, N.A.; Washington Mutual Home Loan, Inc.; Jpmorgan Chase Investment Banker; Arizona Title Agency; Citicorp Home Equi, D.Ariz., January 28, 2010 ORDER G. MURRAY SNOW, District Judge. Three motions are pending before the Court: (1) a Motion to Remand filed by Plaintiffs (Dkt.# 15), (2) a Motion to Dismiss or, in the Alternative, for More Definite Statement filed by CitiMortgage, Inc. ("CitiMortgage") (Dkt.# 1, Ex. 1) and (3) a Motion to Dismiss filed by Defendants JPMorgan Chase Bank, N.A. ("Chase"), an acquirer of certain assets and liabilities of Washington Mutual Bank ("WaMu") from the Federal Deposit Insurance Corporation ("FDIC") ... Abelardo CHAPARRO, Petitioner, v. Ivan BARTOS; and the Attorney General of the State of Arizona, Respondents. , D.Ariz., January 28, 2010 ORDER DAVID G. CAMPBELL, District Judge. Abelardo Chaparro is serving a life sentence in state prison for first- degree murder. He commenced this action by filing a petition for writ of habeas corpus pursuant to 28 U.S.C § 2254. Dkt. # 1. On August 25, 2009, United States Magistrate Judge Charles Pyle issued a report and recommendation ("R & R" that the amended petition (Dkt. # 5 be denied. Dkt. # 68. Petitioner has filed an objection to the R & R. Dkt. # 75. A response and reply have been fi... UNITED STATES of America, Plaintiff/Respondent, v. Sky Gary TRAMMELL, Defendant/Movant. , D.Ariz., January 28, 2010 ORDER MARY H. MURGUIA, District Judge. Movant, Sky Gary Trammell, filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 on May 20 and May 21, 2009. Respondent filed its response in opposition on September 8, 2009. Movant also filed a Motion to Terminate Supervised Release for Breach of Contract and Petition for Writ of Habeas Corpus pursuant to § 2255 on November 23, 2009. Respondent filed its response in opposition on December 10, 2009. The Magistrate Judge... BICKLER, et al., Plaintiffs, v. SENIOR LIFESTYLE CORP., Defendant. , D.Ariz., January 28, 2010 ORDER DAVID G. CAMPBELL, District Judge. Defendant has filed a motion to extend the disclosure deadline in this case. Dkt. # 92. Plaintiffs have filed a response. Dkt # 97. Defendant seeks an expedited decision, and asks the Court to extend the fact and expert discovery deadlines by approximately 60 days. For the reasons set forth below, the Court will deny the motion. At a case management conference held on June 18, 2009 pursuant to Rule 16 of the Federal Rules of Civil Procedure, the Cou... Miguel Angel PLATERO DIAZ, Petitioner, v. Charles RYAN and Arizona Attorney General, Respondents. , D.Ariz., January 27, 2010 ORDER MARY H. MURGUIA, District Judge. Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 on May 22, 2009, claiming his sentence imposed was in violation of his constitutional rights. On July 15, 2009, Respondents filed a their response to Petitioner's Petition for Writ of Habeas Corpus. On November 5, 2009, the Magistrate Judge issued his Report and Recommendation recommending that the petition be denied and dismissed with prejudice. In his Report and Re... UNITED STATES of America, Plaintiff/Respondent, v. Moustapha Lotfi ELJAMMAL, Defendant/Movant. , D.Ariz., January 27, 2010 ORDER DAVID G. CAMPBELL, District Judge. Moustapha Lotfi Eljammal filed a motion to vacate sentence pursuant to 28 U.S.C. § 2255. Dkt. # 1. United States Magistrate Judge Edward C. Voss has issued a report and a recommendation that the motion be denied ("R & R"). Dkt. # 21. Eljammal has filed an objection to the R & R (Dkt.# 22) and the United States has filed a response (Dkt.# 23). The Court must undertake a de novo review of those portions of the R & R to which specific objections are m... Robert Daniel SATALA, Petitioner, v. Dora B. SCHRIRO, et al., Respondents. , D.Ariz., January 27, 2010 ORDER MARY H. MURGUIA, District Judge. Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 on October 24, 2008, claiming his sentence imposed was in violation of his constitutional rights. On January 9, 2009, Respondents filed their response to Petitioner's Petition for Writ of Habeas Corpus. On September 23, 2009, the Magistrate Judge issued her Report and Recommendation recommending that the petition be denied and dismissed with prejudice. In her Report ... Michelle COLSON, on behalf of herself and all others similarly situated, Plaintiff, v. AVNET, INC., Defendant. , D.Ariz., January 27, 2010 Daniel Lee Bonnett, Jennifer Lynn Kroll, Susan Joan Martin, Martin & Bonnett PLLC, Phoenix, AZ, Joel W. Christiansen, Christiansen Law, Portland, OR, for Plaintiff. Jessica Leigh Catlett, Amy Abdo, Janice Kay Procter-Murphy, Fennemore Craig PC, Phoenix, AZ, Alexander K. Mircheff, Ann S. Robinson, Jesse A. Cripps, Jr., Julian W. Poon, Gibson Dunn & Crutcher LLP, Los Angeles, CA, Eugene Scalia, Gibson Dunn & Crutcher LLP, Washington, DC, for Defendant. ORDER MARY H. MURGUIA, District Judge. C... JoDell MARTINELLI, et al., Plaintiffs, v. PETLAND, INC.; and The Hunte Corporation, Defendants. , D.Ariz., January 26, 2010 ORDER DAVID G. CAMPBELL, District Judge. Defendants Petland, Inc. and The Hunte Corporation have filed motions to dismiss the amended complaint pursuant to Rule 9(b) and Rule 12(b)(6) of the Federal Rules of Civil Procedure. Dkt. 58, 59. The motions are fully briefed. Dkt. 60, 61, 62, 67. For the reasons that follow, the amended complaint will be dismissed with prejudice for all Plaintiffs other than Elliot Moskow and Karen Galatis to the extent they assert certain claims against Petland. [FN... Brian A. WILKINS, Plaintiff, v. MARICOPA COUNTY; Joseph M. Arpaio, in his individual and official capacity as Maricopa County Sheriff; X-ray Technician of Maricopa County Jail, in her individual and official capacity, Defendants. , D.Ariz., January 26, 2010 ORDER LAWRENCE O. ANDERSON, United States Magistrate Judge. This case arises on pro se Plaintiff Brian A. Wilkins' Request for Defendants to Produce Electronically Stored Information and Other Tangible Items, filed on January 19, 2010. (docket # 45) The Court deems Plaintiff's Request a motion to compel discovery pursuant to Rule 37(a), Fed.R.Civ.P. Relying on the Court's December 21, 2009 order authorizing early but limited discovery, [FN1] Plaintiff seeks an order compelling Defendants to p... Glen Russell WINGFIELD, Petitioner, v. Charles L. RYAN et al., Respondents. , D.Ariz., January 26, 2010 ORDER PAUL G. ROSENBLATT, District Judge. Having reviewed de novo the Report and Recommendation of Magistrate Judge Burns notwithstanding that no party has filed any objection to the Report and Recommendation, the Court finds that the Magistrate Judge correctly determined that the petitioner's habeas petition, filed pursuant to 28 U.S.C. § 2254, must be dismissed because it was filed after the AEDPA's one- year limitations period had expired. [FN1]See28 U.S.C. § 2244(d)(1). Therefore, ... Stephen M. HELTON, Petitioner, v. Charles L. RYAN, et al., Respondents. , D.Ariz., January 26, 2010 Stephen M. Helton, Buckeye-AZ-Lewis-ASPC-Stiner Stiner Unit, Buckeye, AZ, pro se. Craig William Soland, Office of the Attorney General, Hoenix, AZ, for Respondents. ORDER NEIL V. WAKE, District Judge. Pending before the court is the Report and Recommendation ("R & R") of Magistrate Judge Burns (Doc. # 19) regarding petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. # 1). The R & R recommends that the Petition be denied and dismissed with prejudice. T... Kenneth Alexander FORD, Petitioner, v. Charles L. RYAN, et al., Respondents. , D.Ariz., January 26, 2010 Kenneth Alexander Ford, Florence-AZ-Florence-ASPC-South, Florence, AZ, pro se. Diane Leigh Hunt, Office of the Attorney General, Tucson, AZ, for Respondents. ORDER ROSLYN O. SILVER, District Judge. Pending before the Court is Magistrate Judge Jay R. Irwin's Report and Recommendation, which was filed on January 11, 2010. (Doc. 16). Magistrate Judge Irwin recommends the petition for writ of habeas corpus be denied in part and the remainder be dismissed with prejudice. Judge Irwin also reco... Wayne M. MILLER, Plaintiff, v. Carson McWILLIAMS, et al., Defendant. , D.Ariz., January 26, 2010 Wayne M. Miller, Florence, AZ, pro se. Jim D. Nielsen, Karla Hotis Delord, Office of the Attorney General, Phoenix, AZ, for Defendant. ORDER MARY H. MURGUIA, District Judge. On July 30, 2007, Wayne M. Miller ("Petitioner") filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (2000). (Dkt.# 1) Petitioner filed an Amended Petition on October 4, 2007. (Dkt.# 7) The Court dismissed the original Petition on October 10, 2007 and dismissed the Amended Petition with leave to a... Dennis WEIBLE, Plaintiff, v. JEROLD KAPLAN LAW OFFICE, Defendant. , D.Ariz., January 26, 2010 ORDER NEIL V. WAKE, District Judge. Before the Court is Plaintiff's Application for Attorneys' Fees and Costs Pursuant to Plaintiff's Acceptance of Offer of Judgment (doc. # 8), the Response, and the Reply. Plaintiff claims $2,101.50 in attorney fees for 8.9 hours work. Apparently without pre-suit demand, Plaintiff filed a complaint on September 22, 2009, and sent it to Defendant on October 21, 2009. Without filing an answer, Defendant immediately served an offer of judgment on November 4, 20... Carl J. MINKNER and Diane M. Minkner, husband and wife, Plaintiffs, v. WASHINGTON MUTUAL BANK, N.A., a national banking association; JPMorgan Chase Bank, N.A., a national banking association; California Reconveyance Company, a California corporatio, D.Ariz., January 25, 2010 ORDER G. MURRAY SNOW, District Judge. Pending before the Court are Plaintiffs' Motion to Remand (Dkt.# 13) and Defendants' Motion to Dismiss (Dkt.# 6). For the following reasons, the Court grants the Motion to Remand and denies the Motion to Dismiss as moot. BACKGROUND This case arises out of Carl and Diane Minkner's purchase of a home, for which the Minkners obtained a $2.8 Million loan from Defendant Washington Mutual Bank, N.A. ("WaMu"). In exchange for the loan, the Minkners executed a ... WELLS FARGO BANK, National Association, Plaintiff, v. THE MAGELLAN SHIP OWNERS ASSOCIATION, et al., Defendant. , D.Ariz., January 25, 2010 ORDER MARY H. MURGUIA, District Judge. Currently pending before the Court is Nineteen Consolidated Claimaints/Defendants' Joinder of Wells Fargo Bank, N.A.'s ("Wells Fargo") Motion to Seal and a Request for a Stay of the Objection Period, (Dkt.# 237), and The Magellan Ship Owners Association's ("Magellan") Motion to Stay, Motion for Reconsideration of the Order Granting the Motion to Seal, (Dkt.# 243). [FN1] After reviewing the pleadings and determining oral argument unnecessary, the Court i... SEABOARD SURETY COMPANY, Plaintiff, v. GRUPO MEXICO, S.A.B. DE C.V., Defendant. , D.Ariz., January 25, 2010 ORDER STEHEN M. McNAMEE, District Judge. Before the Court is Defendant Grupo Mexico's Motion for Attorney Fees, Costs and Expenses (Doc. 152). Defendant filed its Motion for Attorney Fees, Costs and Expenses seeking to recover in excess of $800,000 pursuant to A.R.S. § 12-341, § 12-341.01(A) and Local Rule 54.2(b)(1). Also before the Court is Plaintiff Seaboard Surety Company's Motion for Court Ordered Mediation of Claim of Defendant for Attorney Fees, Costs, and Expenses (Doc. 160). Plaintif... Robert GONZALES ROBIN, Petitioner, v. Charles RYAN, et al., Respondents. , D.Ariz., January 25, 2010 Robert Gonzales Robin, San Luis-AZ-Yuma-ASPC-Cheyenne Cheyenne Unit, San Luis, AZ, pro se. Aaron Jay Moskowitz, Office of the Attorney General Criminal Appeals Section, Phoenix, AZ, for Respondents. ORDER FREDERICK J. MARTONE, District Judge. The court has before it petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (doc. 1), respondents' response (doc. 11), and petitioner's reply (doc. 14). We also have before us the report and recommendation of the United Stat... Fernando Miguel GARCIA, Petitioner, v. Katrina KANE, Field Office Director, Respondent. , D.Ariz., January 22, 2010 Fernando Miguel Garcia, Eloy, AZ, pro se. Cynthia M. Parsons, US Attorney's Office, Phoenix, AZ, for Respondent. ORDER DAVID G. CAMPBELL, District Judge. Petitioner Fernando Garcia has filed a motion to reopen this case. Dkt. # 28. United States Magistrate Judge Jacqueline Marshall has issued a supplemental report and recommendation ("R & R") that the Court deny the motion. Dkt. # 30. Petitioner has filed an objection. Dkt. # 31. For reasons that follow, the Court will accept the supple... Billy TAYLOR, Plaintiff, v. HORIZON DISTRIBUTORS, INC., Defendant. , D.Ariz., January 22, 2010 Billy Taylor, Phoenix, AZ, pro se. ORDER DAVID G. CAMPBELL, District Judge. Defendant Horizon Distributors asks the Court to require that Plaintiff post a bond for costs on appeal. Dkt. # 134. Plaintiff Taylor has filed no response. The Court will deny Horizon's motion. Dkt. # 134. Taylor filed a civil rights complaint. Dkt. # 1. The Court granted his motion for leave to proceed in forma pauperis. Dkt. 3, 4. The Court ultimately granted summary judgment in favor of Horizon. Dkt. # 120. O... Lydia MARQUEZ et al., Plaintiffs, v. CITY OF PHOENIX et al., Defendants. , D.Ariz., January 22, 2010 G. Lynn Shumway, Law Office of G. Lynn Shumway, Robert Andrew Butler, The Law Offices of Robert A. Butler PLLC, Phoenix, AZ, for Plaintiffs. Christina Gail Retts, Kathleen L. Wieneke, Jones Skelton & Hochuli PLC, Phoenix, AZ, Holly L. Gibeaut, Michael A. Brave, Taser International, Scottsdale, AZ, for Defendants. ORDER NEIL V. WAKE, District Judge. Pending before the Court is Defendant Taser International Inc.'s Motion for Discovery Dispute Resolution Re Expert Fees (doc. # 131), which D... FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for First National Bank Of Nevada, Plaintiff, v. The MORTGAGE FIRM, INC., a Florida corporation dba Alternative Mortgage Solutions, Defendant. , D.Ariz., January 22, 2010 Alan Lee Tipton, Clifford J. Roth, Joseph I. McCabe, Mccabe Odonnell, Phoenix, AZ, for Plaintiff. Kenneth E. Chase, Kenneth E. Chase PC, Scottsdale, AZ, for Defendant. ORDER LAWRENCE O. ANDERSON, United States Magistrate Judge. On the last day to complete discovery, January 8, 2010, Plaintiff Federal Deposit Insurance Corporation ("FDIC"), as Receiver for First National Bank of Nevada, filed a motion to extend the deadline for completion of discovery from January 8, 2010 to February 1, 2... CENTER FOR BIOLOGICAL DIVERSITY; Sierra Club; WildEarth Guardians, Plaintiffs, v. UNITED STATES FOREST SERVICE; United States Fish and Wildlife Service, Defendants. , D.Ariz., January 22, 2010 Marc D. Fink, Duluth, MN, for Plaintiffs. Andrew Allen Smith, U.S. Dept. of Justice c/o U.S. Attorney's Office, Albuquerque, NM, Rickey Doyle Turner, Marissa A. Piropato, U.S. Dept. of Justice, Washington, DC, for Defendants. ORDER FREDERICK J. MARTONE, District Judge. On November 5, 2009, we held that the defendants have satisfied their obligations under the Endangered Species Act (ESA), the National Forest Management Act (NFMA), and the National Environmental Policy Act (NEPA) with res... Holly MARTENSON, Plaintiff, v. RG FINANCING, et al., Defendants. , D.Ariz., January 22, 2010 ORDER NEIL V. WAKE, District Judge. Before the Court is Plaintiff's Plea for Emergency Injunction (doc. # 9). Plaintiff's Plea for Emergency Injunction, Prehearing Memorandum on Application for Preliminary Injunction, and Sur-reply (doc. 9, 34, 50); Defendants' Prehearing Memorandum Regarding Injunction, Supplemental Memorandum Concerning Preliminary Injunction Hearing, and Reply Memorandum (doc. 32, 41, 46); and evidence and argument presented at the September 8, 2009 hearing have been cons... Abo Obaida HUSSEIN, Petitioner, v. Charles L. RYAN, Director of the Arizona Department of Corrections; and the Attorney General of the State of Arizona, Respondents. , D.Ariz., January 22, 2010 ORDER DAVID G. CAMPBELL, District Judge. In February 2006, a state court jury convicted Abo Hussein on four counts of sexual contact with a minor. Hussein received a 52-year sentence. The Arizona Court of Appeals affirmed the conviction and sentence. Hussein did not seek review by the Arizona Supreme Court, nor did he seek collateral post- conviction relief. Hussein commenced this action by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. # 1. United States Ma... Vinod KUMAR, Petitioner, v. Katrina S. KANE, et al., Respondents. , D.Ariz., January 21, 2010 Vinod Kumar, Eloy, AZ, pro se. Cynthia M. Parsons, US Attorney's Office, Phoenix, AZ, for Respondents. ORDER G. MURRAY SNOW, District Judge. Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Irwin's Report and Recommendation ("R & R"). Dkt. 1, 16. The R & R recommends that the Court dismiss the petition. Dkt. # 16 at 5. The Magistrate Judge advised the parties that they had ten days to file objections to the R & R and that fai... Bruce A. GAMBLE, Plaintiff, v. Officer WHIPPLE, Defendant. , D.Ariz., January 21, 2010 ORDER G. MURRAY SNOW, District Judge. Plaintiff Bruce A. Gamble brought this civil rights action under 42 U.S.C. § 1983 against City of Mesa Police Officer Corey Whipple (Doc. # 5). Before the Court is Defendant's Motion for Summary Judgment (Doc. # 74), which is fully briefed (Doc. 86, 88). The Court will grant the motion in part and deny it in part. I. Background In Count I of his First Amended Complaint, Plaintiff alleged that for about 11 months, Defendant intentionally violated Pla... Albert Lee JOHNSON, Petitioner, v. Charles L. RYAN, et al., Respondents. , D.Ariz., January 21, 2010 Albert Lee Johnson, Florence, AZ, pro se. Katia Mehu, Office of the Attorney General, Phoenix, AZ, for Respondents. ORDER PAUL G. ROSENBLATT, District Judge. Having reviewed de novo the Report and Recommendation of Magistrate Judge Guerin in light of the petitioner's Motion Objecting to the Magistrate Judge Report and Recommendation (doc. # 24), the Court finds that it cannot reach the merits of the petitioner's habeas petition, filed pursuant to U.S.C. § 2254, because the petition was f... MERCHANT TRANSACTION SYSTEMS, INC., Plaintiff, v. NECELA, INC., et al., Defendants. and Related Counterclaims, Cross-Claims, and Third Party Claims. , D.Ariz., January 21, 2010 William Albert McKinnon, William McKinnon Attorney at Law, Long Beach, CA, Nicholas J. Dicarlo, Dicarlo Caserta & Phelps PLLC, Scottsdale, AZ, for Plaintiff. Ray Kendall Harris, Fennemore Craig PC, Kimberly Anne Demarchi, Peter D. Baird, Richard A. Halloran, Robert H. McKirgan, Lewis & Roca LLP, Phoenix, AZ, for Defendants and Related Counterclaims, Cross-Claims, and Third Party Claims. ORDER MARY H. MURGUIA, District Judge. This Court is in possession of the POST Parties' Application f... Don ADDINGTON; John Bostic; Mark Burman; Afshin Iranpour; Roger Velez; Steve Wargocki, Plaintiffs, v. US AIRLINE PILOTS ASSOCIATION; US Airways, Inc., Defendants. Don Addington; John Bostic; Mark Burman; Afshin Iranpour; Roger Velez; Steve Wargock, D.Ariz., January 21, 2010 ORDER NEIL V. WAKE, District Judge. Before the Court is Defendant's Motion to Change Venue and Transfer to Another District, Pursuant to 28 U.S.C. § 1404 (doc. # 622). Defendant U.S. Airline Pilots Association ("USAPA") seeks to have this case transferred to the United States District Court for the District of Columbia. I. Legal Standard "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division w... Robert Allen POYSON, Petitioner, v. Charles L. RYAN, et al., [FN1] Respondents. FN1. Charles L. Ryan, Interim Director of the Arizona Department of Corrections, is substituted as Respondent pursuant to Federal Rule of Civil Procedure 25(d). , D.Ariz., January 20, 2010 Michael Llewellyn Burke, Megan Blythe Moriarty, Federal Public Defenders Office, Phoenix, AZ, for Petitioner. Jim D. Nielsen, Office of the Attorney General Criminal Appeals Section, Phoenix, AZ, for Respondents. MEMORANDUM OF DECISION AND ORDER NEIL V. WAKE, District Judge. Petitioner Robert Poyson, a state prisoner under sentence of death, has filed an Amended Petition for Writ of Habeas Corpus. (Dkt.27.) [FN2] Petitioner alleges, pursuant to 28 U.S.C. § 2254, that he is imprisoned an... David TORREZ, et al., Plaintiffs, v. CORRECTIONS CORPORATION OF AMERICA, et al., Defendants. , D.Ariz., January 20, 2010 David Torrez, Eloy, AZ, pro se. Raymond V. Gutierrez, Eloy, AZ, pro se. Anthony V. Ibarra, ELOY-AZ-LPCC Mohave, Eloy, AZ, pro se. Ernesto Perez-Duran, Eloy, AZ, pro se. David Samuel Martinez, Eloy, AZ, pro se. ORDER MARY H. MURGUIA, District Judge. Plaintiffs David Torrez, Raymond V. Gutierrez, Anthony V. Ibarra, Ernesto Perez-Duran, and David Martinez, who are confined in the La Palma Corrections Center (LPCC), a Corrections Corporation of America (CCA) facility in Eloy, Arizon... Richard WALLACE, Plaintiff, v. THE BASHAS' INC. GROUP DISABILITY PLAN, Defendant. , D.Ariz., January 20, 2010 Lisa Jeanette Counters, The Counters Firm PC, Maricopa, AZ, for Plaintiff. Elizabeth Anne Schallop Call, Stephanie J. Quincy, Steptoe & Johnson LLP, Phoenix, AZ, for Defendant. ORDER JAMES A. TEILBORG, District Judge. Pending before the Court is Defendant The Bashas' Inc. Group Disability Plan's Motion for Summary Judgment (Doc. # 16). For the reasons that follow, the Court grants Defendant's motion. I. BACKGROUND The following facts are not in dispute. In 1987, Plaintiff Richard Walla... Joel Shapel MAGNUSON, Plaintiff, v. ARIZONA STATE HOSPITAL, Defendant. , D.Ariz., January 20, 2010 Joel Shapel Magnuson, Phoenix, AZ, pro se. ORDER MARY H. MURGUIA, District Judge. Plaintiff Joel Shapel Magnuson, who is confined in the Arizona State Hospital (ASH) in Phoenix, Arizona, filed a pro se civil rights Complaint and an Application to Proceed In Forma Pauperis. (Doc.# 1, 4.) Plaintiff indicated that he was a prisoner at the ASH, but neither the Complaint nor the Application were filed on the court-approved forms for use by "prisoners" under the Prison Litigation Reform Act (PLRA... Thomas STEWART, Jr., Plaintiff, v. Charles RYAN, et al., Defendants. , D.Ariz., January 20, 2010 Thomas Stewart, Jr., Florence, AZ, pro se. ORDER ROBERT C. BROOMFIELD, Senior District Judge. Plaintiff Thomas Stewart, Jr., who is confined in the Arizona State Prison Complex-Eyman, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. On November 10, 2009, the Court denied the Application to Proceed with leave to re-file. On December 9, 2009, Plaintiff filed a new Application to Proceed In Forma Pauperis (Doc. # 8). The Cou... Charles U. OKONKWO, an individual, Plaintiff, v. Judge Mary H. MURGUIA, individually and in her official capacity as a judge of the United States District Court for the District of Arizona, and Magistrate Judge Lawrence O. Anderson, individually an, D.Ariz., January 19, 2010 Tajudeen Olawale Oladiran, Oladiran Law PC, Chandler, AZ, for Plaintiff. ORDER AND OPINION JOHN W. SEDWICK, District Judge. I. BACKGROUND Plaintiff Charles U. Okonkwo is also the plaintiff in another case in this district, Okonkwo v. Glendale Union High School District, et al., Case No. 2:08-cv-0633 MHM ("Glendale lawsuit"). Mr. Okonkwo initiated the Glendale lawsuit on his own behalf. Then in February of 2009, Mr. Tajudeen Oladiran appeared as counsel for Mr. Okonkwo in the Glendale lawsuit... Roy C. EARLEY, Plaintiff, v. Charles L. RYAN, et al., Defendants. , D.Ariz., January 19, 2010 Roy C. Earley, Florence, AZ, pro se. ORDER MARY H. MURGUIA, District Judge. Plaintiff Roy C. Earley, who is confined in the Arizona State Prison Complex-Eyman, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. On November 9, 2009, the Court granted Plaintiff in forma pauperis status and dismissed the Complaint with leave to amend (Doc. # 5). On November 24, 2009, Plaintiff filed a First Amended Complaint (Doc. # 7). The Court... M & M DISTRIBUTING, INC., Plaintiff, v. THRIFTY PAYLESS, INC., Defendant. , D.Ariz., January 19, 2010 ORDER MARY H. MURGUIA, District Judge. Currently before the Court is Defendant's Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Dkt.# 4.) Plaintiff filed its Complaint in Maricopa County Superior Court on July 8, 2009. (Dkt.# 1.) On July 29, 2009, Defendant filed a Notice of Removal based on diversity of citizenship (Dkt.# 1), and simultaneously filed a Motion to Dismiss (Dkt.# 4) and a Counterclaim (Dkt.# 5). On August 11, 2009, Plaintiff filed a ti... Peter Mohammed SHARMA, Petitioner, v. State of ARIZONA, et al., Respondents. , D.Ariz., January 19, 2010 Peter Mohammed Sharma, Phoenix, AZ, pro se. Joseph Thomas Maziarz, Office of the Attorney General, Phoenix, AZ, for Respondents. ORDER ROSLYN O. SILVER, District Judge. Pending before the Court is Magistrate Judge Lawrence O. Anderson's Report and Recommendation, which was filed on December 28, 2009. (Doc. 15) Magistrate Judge Anderson recommends the petition for writ of habeas corpus be denied, and a Certificate of Appealability also be denied because the dismissal of the Petition is ju... Max R. MORENO, Plaintiff, v. GENERAL MOTORS COMPANY, a Delaware corporation; Kachina Cadillac Hummer Scandia, LLC, d/b/a Kachina Cadillac, LLC, an Arizona Limited Liability Company, Defendants. , D.Ariz., January 19, 2010 ORDER AND OPINION [Motion at Docket 32] JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 32, defendants General Motors Company and Kachina Cadillac Hummer Scandia, LLC, d/b/a Kachina Cadillac LLC ("defendants") move to dismiss plaintiff Max R. Moreno's complaint for lack of subject matter jurisdiction. Moreno opposes the motion at docket 36. Defendants reply at docket 37. Oral argument was requested, but it would not assist the court. II. BACKGROUND This action arises out of More... Henry VARELA, Jr.; Yulmha Varela, Plaintiffs, v. Sal PEREZ, et al., Defendants. , D.Ariz., January 19, 2010 ORDER FREDERICK J. MARTONE, District Judge. The court has before it the Yuma County defendants' motion to dismiss Jane Doe Bier (doc. 122), plaintiffs' response (doc. 129), and defendants' reply (doc. 130). We also have before us defendants Darren L. Wahmhoff and Laura Wahmhoff's motion to dismiss (doc. 103), plaintiffs' response (doc. 110), and the Wahmhoff defendants' reply (doc. 123). I The Yuma County defendants argue that the claims against Jane Doe Bier must be dismissed because she w... Francis A. GRANDINETTI, II, Plaintiff, v. BOWDEN, et al., Defendants. , D.Ariz., January 19, 2010 ORDER MARY H. MURGUIA, District Judge. Plaintiff Francis A. Grandinetti, II, who is confined in the Corrections Corporation of America-Saguaro Correctional Center, has filed an "Application for Fed.R.Civ.P. 65 Relief and Leave to File Complaint" (Doc. # 1). Petitioner has not filed a Complaint or an Application to Proceed In Forma Pauperis. Although not clear, Plaintiff appears to seek an order that he be provided with medical treatment and transfered to another facility. A preliminary inj... Ronald WILLIAMS, Plaintiff, v. Richard PENN, et al., Defendants. , D.Ariz., January 19, 2010 Molly Anne Newburn, Andrew Maks Kvesic, Clarke H. Greger, Ryley, Carlock & Applewhite, PA, Phoenix, AZ, for Plaintiff. Michael Evan Gottfried, Office of The Attorney General, Phoenix, AZ, for Defendants. ORDER MARY H. MURGUIA, District Judge. Plaintiff Ronald Williams brought this civil rights action under 42 U.S.C. § 1983 against various employees of the Arizona Department of Corrections (ADC). (Doc. # 1.) Plaintiff moves for a Court Order to the Director of ADC to maintain a videotape ... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. CREATIVE NETWORKS, LLC, an Arizona corporation, Defendant. , D.Ariz., January 15, 2010 Lucila G. Rosas, Mary Joleen O'Neill, Sally Clifford Shanley, Christopher Robert Houk, P. David Lopez, EEOC, Phoenix, AZ, for Plaintiff. Sandra A. Shoupe-Gorga, James Lawrence Blair, Neil Todd McKay, Tophas Anderson, IV, Renaud Cook Drury Mesaros PA, Phoenix, AZ, for Defendant. MEMORANDUM OF DECISION AND ORDER STEPHEN M. McNAMEE, District Judge. Before the Court is Defendant Creative Networks, LLC ("Creative Network")'s Motion for Summary Judgment as to Kathy Allen, filed April 10, 200... TUCSON WOMEN'S CENTER; Family Planning Associates; William Richardson, M.D.; Paul A. Isaacson, M.D.; and Frank Laudonio, M.D., Plaintiffs, v. ARIZONA MEDICAL BOARD; Lisa Wynn, in her official capacity as Executive Director of the Arizona Medical Bo, D.Ariz., January 15, 2010 ORDER DAVID G. CAMPBELL, District Judge. On September 29, 2009, the Court entered an order denying Plaintiffs' request that the Court enjoin enforcement of the payment provision found in A.R.S. § 36-2153(D). Dkt. # 65. Plaintiffs have appealed that decision, and now ask the Court to enjoin enforcement of the statute pending completion of the appeal. Dkt. # 95. The motion is fully briefed. Dkt. 102, 103, 105. No party has requested oral argument. For the reasons that follow, the Court will den... John C. HERNANDEZ, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant. , D.Ariz., January 15, 2010 ORDER DAVID G. CAMPBELL, District Judge. On September 7, 2004, Plaintiff John Hernandez was admitted to Banner Good Samaritan hospital for suicidal ideation caused by auditory hallucinations telling Plaintiff to hurt himself and his roommate. Plaintiff had been hearing voices in his head for two weeks and suffered from depression, hopelessness, and decreased energy. Plaintiff reported suffering for years from anxiety, panic attacks, and post-traumatic stress disorder from a prior sexual assau... Maxwell MONSANTO, Plaintiff, v. DWW PARTNERS, LLLP, an Arizona limited liability partnership, d/b/a Right Honda; DWW AZ, Inc., an Arizona corporation, d/b/a Right Honda; David Wilson Automotive Group, a California corporation, d/b/a Right Honda, De, D.Ariz., January 15, 2010 ORDER FREDERICK J. MARTONE, District Judge. Plaintiff Maxwell Monsanto brings this employment discrimination, retaliation, and constructive discharge action under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981 against defendant DWW AZ, Inc., doing business as Right Honda. The court has before it defendant's motion to compel arbitration and stay proceedings (doc. 11), plaintiff's response (doc. 16), defendant's reply (doc. 19), and plaintiff's supplemental response (doc. 24). I... FIRST HORIZON HOME LOANS, a division of First Tennessee Bank National Association, Plaintiff, v. Ghulam DOOST, Defendant. , D.Ariz., January 15, 2010 ORDER DAVID G. CAMPBELL, District Judge. On November 9, 2009, the Court granted Plaintiff First Horizon's request for reasonable costs and attorneys' fees and ordered First Horizon to file a memorandum and supporting materials identifying the expenses and attorneys' fees that it sought to recover. Dkt. # 18. First Horizon has filed a motion to withdraw the request for attorneys' fees and sanctions. Dkt. # 19. No response has been filed. IT IS ORDERED: 1. Plaintiff's motion to withdraw requ... Richard Leland NEAL, Rex Carl Sagely, Plaintiff(s), v. State of ARIZONA, Robert Devries, Tom Sheahan, Roger Vanderpool, Stacey K. Stanton, Gale Garriott, Defendant(s). , D.Ariz., January 14, 2010 ORDER JAMES A. TEILBORG, District Judge. Pending before the Court is Defendant Thomas Sheahan's Motion to Dismiss (Doc. # 28); Plaintiffs' Motion for Preliminary Injunction (Doc. # 37); Plaintiffs' Motion for Entry of Default (Doc. # 48); Defendants State of Arizona, Roger Vanderpool, Gale Garriott, and Stacy K. Stanton's Motion to Dismiss (Doc. # 50); Defendant Robert Devries' Amended Motion to Extend Time to Respond to Plaintiffs' Motion for Preliminary Injunction (Doc. # 58); Plaintiffs' M... Bruce Thurman WARD, Plaintiff, v. Joseph ARPAIO, Defendant. , D.Ariz., January 14, 2010 ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Bruce Thurman Ward, who is confined in the Maricopa County Lower Buckeye Jail has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. # 1) and an Application to Proceed In Forma Pauperis (Doc. # 3). The Court will order Defendant Joseph Arpaio to answer Counts I and II of the Complaint and will dismiss Count III for failure to state a claim upon which relief may be granted. I. Application to Proceed In Forma Pauperis a... Dwight WHITFIELD, Plaintiff, v. MARICOPA COUNTY, et al., Defendants. , D.Ariz., January 13, 2010 Dwight David Whitfield, Phoenix, AZ, pro se. ORDER JAMES A. TEILBORG, District Judge. Plaintiff Dwight Whitfield, who is confined in the Maricopa County Fourth Avenue Jail, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. The Court will dismiss the Complaint with leave to amend. I. Application to Proceed In Forma Pauperis and Filing Fee Plaintiffs Application to Proceed In Forma Pauperis will be granted. 28 U.S.C. § 1... CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, v. UNITED STATES BUREAU OF LAND MANAGEMENT, et al., Defendants. , D.Ariz., January 13, 2010 Adam F. Keats, John T. Buse, San Francisco, CA, for Plaintiff. Luther Langdon Hajek, US Dept of Justice Enrd, Washington, DC, Seth M. Barsky, Srinath Jay Govindan, US Dept of Justice, Washington, DC, Sue A. Klein, US Attorney's Office, Phoenix, AZ, for Defendants. ORDER PAUL G. ROSENBLATT, District Judge. Currently before the Court is the Motion to Intervene filed by Proposed Defendant-Intervenor National Rifle Association ("NRA"). On December 14, 2009, the Court held oral arguments on ... CLN PROPERTIES, INC., et al., Plaintiffs, v. REPUBLIC SERVICES, INC., and Allied Waste Industries, Inc., Defendants. , D.Ariz., January 13, 2010 ORDER DAVID G. CAMPBELL, District Judge. On August 31, 2009, Plaintiffs filed their first amended class action complaint against Defendants. Dkt. # 21. Defendants have filed a Rule 12(b)(6) motion to dismiss. Dkt. # 24. The motion is fully briefed. [FN1] For reasons that follow, the Court will grant Defendants' motion as to Count Five and deny it as to the remaining counts. [FN2] FN1. Memoranda filed by both parties fail to comply with the font requirements of LRCiv 7.1(b)(1). Pleadings filed... Jesse DUPRIS, Jeremy Reed, Plaintiffs, v. Selanhongva McDONALD, et al., Defendants. , D.Ariz., January 13, 2010 ORDER PAUL G. ROSENBLATT, District Judge. The Plaintiffs in this consolidated action filed suit against two tribal police officers of the White Mountain Apache Tribe ("Tribe") and five Bureau of Indian Affairs agents ("BIA" or the "Individual Defendants") [FN1] in their individual capacities for civil rights violations under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) , and the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1... Kim AGULLARD, Plaintiff, v. PRINCIPAL LIFE INSURANCE COMPANY; WestEd Disability Plan Administrator; and WestEd, Defendants. , D.Ariz., January 13, 2010 Kevin Koelbel, Law Offices of Kevin Koelbel PC, Randolph G. Bachrach, Law Office of Randolph G. Bachrach, Chandler, AZ, for Plaintiff. James Alexander Grimsley, Jason Keith Reed, Bryan Cave LLP, Phoenix, AZ, Jay S. Blumenkopf, Adorno & Yoss LLP, Boca Raton, FL, Douglas E. Dexter, Farella Braun & Martel LLP, San Francisco, CA, for Defendants. ORDER NEIL V. WAKE, District Judge. Plaintiff moves to remand this case removed from the Arizona Superior Court, Maricopa County. (Doc. # 18.) There... Stephen A. EZELL, Plaintiff, v. Rick L. BURTON, Defendant. , D.Ariz., January 13, 2010 ORDER DAVID G. CAMPBELL, District Judge. Defendant has filed a motion for attorneys' fees and costs. Dkt. # 66. The motion has been fully briefed. Dkt. 68, 71, 72. For reasons that follow, the Court will grant the motion and award Defendant a total of $738,807.27. I. Background. This case involves a conflict over the exercise of a put option in a partnership between Plaintiff Stephen Ezell and Defendant Rick Burton. Plaintiff contributed five million dollars and acquired an interest in Cit... Regina Lynn VILLONE; Richard Rodriguez (husband), Plaintiffs, v. UNITED PARCEL SERVICES, INC., et al., Defendants. , D.Ariz., January 13, 2010 ORDER LAWRENCE O. ANDERSON, United States Magistrate Judge. This matter is before the Court on Plaintiff' Motion to Amend/Correct Complaint. (docket # 8) Plaintiff' motion only seeks to "strik Richard Rodriguez" from the Complaint and does not seek to modify the Complaint in any other way. On November 30, 2009, this matter was commenced by the filing of a Complaint naming Regina Lynn Villone and her husband, Richard Rodriguez, as Plaintiffs. (docket # 1) The Complaint alleges violations of... Victor O. DEMA, Plaintiff, v. CITY OF MESA et al., Defendants. , D.Ariz., January 13, 2010 ORDER NEIL V. WAKE, District Judge. Pending before the Court is Defendant City of Mesa's Motion to Dismiss (doc. # 18), which the Court now grants. I. Standard of Review To avoid dismissal of a complaint under Fed.R.Civ.P. 12(b) (6), a plaintiff must "provide the grounds of [his] entitlement to relief." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). A formulaic recitation of the elements of a cause of action is not sufficient. Id. The pleading must not merely allege conduct that is... Patrick Neal BRADBERRY, Plaintiff, v. Dora B. SCHRIRO, et al., Defendant. , D.Ariz., January 12, 2010 Patrick Neal Bradberry, Buckeye, AZ, pro se. Kelley Joan Morrissey, Office of the Attorney General, Phoenix, AZ, for Defendant. ORDER JAMES A. TEILBORG, District Judge. Pending before the Court is Patrick Neal Bradberry's ("Plaintiff") "Partial Objection and Appeal from the Magistrate Judges Report and Recommendation and Request for Court Order to Issue a Subpoena to the State Nurse Registry to Obtain the Last Known Address of Defendant Nurse Atkins and Full Name of Defendant Glass" (Do... Beatrice MIRANDA, Petitioner, v. Tracy NIELSEN, et al., Respondents. , D.Ariz., January 12, 2010 Daniel Lee Kaplan, Keith James Hilzendeger, Federal Public Defenders Office, Phoenix, AZ, for Petitioner. Alfred Lopez Urbina, Amanda Joanne Sampson, Pascua Yaqui Office of The Prosecutor, Kimberly Chastain Van Amburg, Ricardo Rolando Flores, Office of The Attorney General, Tucson, AZ, Timothy George McNeel, Flagstaff, AZ, John Joseph Tuchi, Marnie Lynn Hodahkwen, US Attorney's Office, Phoenix, AZ, for Respondents. ORDER GRANTING WRIT OF HABEAS CORPUS PAUL G. ROSENBLATT, District Judge. ... Sandra M. FAUBION, Plaintiff, v. UNITED STATES of America, Defendant. , D.Ariz., January 12, 2010 Robert E. Kovacevich, Robert E. Kovacevich PLLC, Spokane, WA, for Plaintiff. Andy R. Camacho, US Dept of Justice, Washington, DC, for Defendant. ORDER DAVID G. CAMPBELL, District Judge. Defendant United States of America has filed a Rule 12(b)(1) motion to dismiss two causes of action asserted in Plaintiff Faubion's amended complaint. Dkt. # 11. Faubion opposes the motion and aks the Court to postpone it as a premature motion for summary judgment. Dkt. # 14. The government filed a respon... Chase W. DRAKE, Plaintiff, v. TUCSAN, INC., Defendants. , D.Ariz., January 12, 2010 Douglas H. Clark, Jr, Janis Catherine Gallego, Jonathan Rothschild, Mesch Clark & Rothschild PC, Tucson, AZ, for Plaintiff. Gerald S. Maltz, Haralson Miller Pitt Feldman & McAnally PLC, Tucson, AZ, Michael Re Sanders, Sanders Yeomans PLLC, Bothell, WA, for Defendants. ORDER DAVID C. BURY, District Judge. The Court grants the Motion to Dismiss the Complaint because reemployment rights under the Uniformed Services Employment and Reemployment Act, 38 U.C.S. § 4312, (USERRA) for active memb... Frank M. CAREY, Plaintiff, v. ARIZONA DEPARTMENT OF CORRECTIONS, et al., Defendants. , D.Ariz., January 12, 2010 Frank M. Carey, Buckeye, AZ, pro se. ORDER DAVID G. CAMPBELL, District judge. Pending before the Court are Plaintiff's "Motion For Protective Injunction (Ex Parte)" (Doc. # 13) and First Amended Complaint (Doc. # 15) (Amended Complaint). The Court will deny the "Motion For Protective Injunction (Ex Parte)," dismiss Defendants Charles Ryan, Darla Elliot, and Clark from this action, dismiss Count II of the Amended Complaint, and call for an answer to Count I from Defendant Arizona Department ... Leonard BEAN, Plaintiff, v. Charles L. RYAN, et al., Defendants. , D.Ariz., January 12, 2010 ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Leonard Bean, who is confined in the Arizona State Prison ComplexFlorence (ASPC-Florence), has filed a pro se civil rights Complaint (Doc. # 1), an Application to Proceed In Forma Pauperis (Doc. # 3), and a "Motion For Notice of Service" (Doc. # 4). The Court will grant Plaintiff's Application to Proceed In Forma Pauperis, assess an initial partial filing fee, deny Plaintiff's Motion as moot, and dismiss the Complaint with leave to amend. ... Cumis Insurance Society, Inc., Plaintiff, v. Merrick Bank Corporation, et al., Defendants. In re CARDSYSTEMS SOLUTIONS, INC., Debtor. , D.Ariz., January 11, 2010 Susan G. Boswell, Quarles & Brady, LLP, Tucson, AZ, James J. Regan, Satterlee, Stephens, Burke & Burke, LLP, New York, NY, Michael Russell Davisson, Valerie Diane Rojas, Sedgwick, Detert, Moran & Arnold, Llp, Los Angeles, CA, Nancy J. March, Deconcini, Mcdonald, Yetwin & Lacy, PC, Tucson, AZ, for Plaintiffs. Lowell E. Rothschild, Mesch, Clark & Rothschild, PC, Susan G. Boswell, Quarles & Brady, LLP, Cary Sandman, Waterfall, Economidis, Caldwell, Hanshaw & Villamana, PC, Tucson, AZ, Daniel G. ... Yvon WAGNER, as the personal representative of the ESTATE OF Eric VOGEL, Plaintiff, v. MARICOPA COUNTY, a political subdivision of the State of Arizona, Joseph Arpaio and Jane Doe Arpaio, husband and wife, Defendants. , D.Ariz., January 11, 2010 Anne E. Findling, Joel B. Robbins, Robbins & Curtin PLLC, Phoenix, AZ, for Plaintiff. Daniel Patrick Struck, Lisa Carol Stelly-Wahlin, John T. Masterson, Jones Skelton & Hochuli PLC, Phoenix, AZ, for Defendants. ORDER EARL H. CARROLL, District Judge. The parties' December 18, 2009 Witness List notes that Plaintiff objects to Gerard Sheridan as a trial witness because he was "disclosed by Defendants long after the close of discovery." (Dkt. 179 at 2, n. 1.) Plaintiff stated a similar obje... Eduardo Benhur RUIZ, Petitioner, v. Charles L. RYAN, et al., Respondents. , D.Ariz., January 11, 2010 Eduardo Ben Hur Ruiz, Florence, AZ, for Petitioner. Aaron Jay Moskowitz, Office of the Attorney General, Phoenix, AZ, Respondents. ORDER PAUL G. ROSENBLATT, District Judge. Having reviewed de novo the Report and Recommendation of Magistrate Judge Estrada in light in Petitioner's Objection to Magistrate Judge's Report and Recommendation (doc. # 17), the Court finds that the petitioner's objections should be overruled because the Magistrate Judge correctly concluded that the petitioner's h... MERRICK BANK CORP., Plaintiff, v. SAVVIS, INC., Savvis Communications Corp., Defendants. , D.Ariz., January 11, 2010 Daniel G. Gurfein, James J. Regan, Mario Aieta, Satterlee Stephens Burke & Burke LLP, New York, NY, for Plaintiff. Alison Plessman, Jeremiah D. Kelman, Steven A. Marenberg, Irell & Manella LLP, Los Angeles, CA, for Defendants. ORDER CINDY K. JORGENSON, District Judge. Pending before the Court is Defendants' Motion for Judgment on the Pleadings [Doc. # 29]. A response and reply have been filed. The parties presented oral argument to the Court on November 2, 2009. Factual and Procedural... Tajudeen O. OLADIRAN; et al., Plaintiffs, v. SUNTRUST MORTGAGE, INC.; et al., Defendants. , D.Ariz., January 11, 2010 Tajudeen Olawale Oladiran, Oladiran Law PC, Chandler, AZ, for Plaintiffs. Kathleen Ann Weber, Larry Omer Folks, Folks & Oconnor PLLC, Phoenix, AZ, for Defendants. ORDER G. MURRAY SNOW, District Judge. Pending before the Court are Defendants' Motion to Dismiss (Dkt.# 40) and Plaintiffs' Motion to Strike the Motion to Dismiss (Dkt.# 42). For the following reasons, the Court denies the Motion to Strike and grants the Motion to Dismiss. BACKGROUND On July 10, 2009, Plaintiffs Tajudeen O. O... © 2010 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com