U.S. District Courts - Arizona ©   Coverage   Help   Search Westlaw   Topic: AllBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationFinance & BankingGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsNative Americans LawPension & Retirement BenefitsTaxation Anita CALUGAY, Plaintiff, v. GMAC MORTGAGE; GMAC; and Green Tree Services, Defendants. , D.Ariz., November 18, 2009 ORDER LAWRENCE O. ANDERSON, United States Magistrate Judge. This case arises on Defendant Green Tree Servicing, LLC's ("Green Tree") Motion to Dismiss pursuant to Rule 12(b)(6), Fed.R .Civ.P, filed on October 9, 2009. (docket # 7) Despite fair warning that pro se Plaintiff must file a timely response or her Complaint may be dismissed, docket # 11, no response has been filed in opposition to Defendant Green Tree's Motion. Plaintiff and Defendant Green Tree have expressly consented in writing t... David Lucas BURGE; Alastair Dick; Lynda Forgette; Pamela Krause; Fred Anthony Reyes; David Strobel, Plaintiffs, v. FREELIFE INTERNATIONAL, INC., Defendant. , D.Ariz., November 18, 2009 ORDER JAMES A. TEILBORG, District Judge. Pending before the Court is Defendant Freelife International, Inc .'s Motion to Dismiss the Amended Complaint (Doc. # 12). For the reasons that follow, the Court grants in part and denies in part Freelife's motion. Freelife is engaged in the business of developing and selling nutritional products such as vitamins and herbal remedies. Three of Freelife's products are at issue in this case: Himalayan Goji Juice, GoChi Juice, and TAIslim. Each of the P... ALLIED WASTE NORTH AMERICA, INC., a Delaware corporation, Plaintiff, v. ITS ENTERPRISES, INC., a Texas corporation, Defendant. , D.Ariz., November 18, 2009 ORDER MARY H. MURGUIA, District Judge. Pending before the Court is Plaintiff Allied Waste North America's ("Allied's") Motion for Attorneys' Fees and Costs (Dkt.# 48) and Allied's Supplemental Motion for Attorneys' Fees. (Dkt.# 63) Having reviewed the motion, the response and reply thereto, and the supplemental motion, the Court issues the following Order. I. BACKGROUND This case arose from a dispute between Allied, a waste collection company, and ITS Enterprises, Inc. ("ITS"), a temporar... Joochul KIM, Plaintiff, v. ARIZONA BOARD OF REGENTS, et al., Defendant. , D.Ariz., November 18, 2009 ORDER MARY H. MURGUIA, District Judge. Currently pending before the Court is Plaintiff Dr. Joochul Kim's Motion for New Trial, (Dkt.# 193), and Defendant Dr. Alvin Mushkatel's Motion for Attorney Fees, (Dkt.# 196). After reviewing the pleadings and determining oral argument unnecessary, the Court issues the following Order. I. Motion for New Trial A new trial may be granted after a jury verdict on any basis "for which a new trial has heretofore been granted in an action at law in federal c... Nicholaus James McDONALD, Plaintiff, v. Ronolfo MACABUHAY, M.D., Defendant. , D.Ariz., November 17, 2009 ORDER G. MURRAY SNOW, District Judge. Before the Court is Defendant's Motion for Leave to File Motion to Dismiss on Ground of Qualified Immunity (Doc. # 63). The Court will deny the motion for two reasons. First, Defendant's motion fails to comply with the Federal Rules of Civil Procedure. As Defendant notes, the dispositive motion deadline expired on December 1, 2008 (Doc. # 30). When a deadline has expired, and a Scheduling Order has been entered in the case, a request for a modification... Dennis Robert SMITH, Petitioner, v. Deputy Warden BOCK, et al., Respondents. , D.Ariz., November 17, 2009 ORDER G. MURRAY SNOW, District Judge. Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Marshall's Report and Recommendation ("R & R"). Dkt. 1, 17. The R & R recommends that the Court dismiss the Petition with prejudice. Dkt. # 17 at 6. The Magistrate Judge advised the parties that they had ten days to file objections to the R & R and that failure to file timely objections could be considered a waiver of the right to obtain review ... Jonathan W. PARDINI, Plaintiff, v. Dora SCHRIRO, et al., Defendants. , D.Ariz., November 17, 2009 ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Jonathan W. Pardini brought this civil rights action under 42 U.S.C. § 1983 against Arizona Department of Corrections (ADC) Director Dora Schriro, Associate Deputy Warden Watson, and Sergeant Villalobos (Doc. # 1). Before the Court is Defendants' Motion to Dismiss for failure to exhaust administrative remedies (Doc. # 14). Plaintiff did not respond to the motion. The Court will grant Defendants' motion and terminate the action. I. Backgro... James Germaine BOLDEN, Petitioner, v. Charles L. RYAN, et al., Respondents. , D.Ariz., November 17, 2009 ORDER G. MURRAY SNOW, District Judge. Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Ferraro's Report and Recommendation ("R & R"). Dkt. 1, 25. The R & R recommends that the Court dismiss the Petition. Dkt. # 25 at 13. The Magistrate Judge advised the parties that they had ten days to file objections to the R & R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R & R. I... John M. WATKINS, Plaintiff, v. YAVAPAI COUNTY, et al., Defendants. , D.Ariz., November 17, 2009 ORDER JAMES A. TEILBORG, District Judge. Pending before this Court are Defendant Yavapai County's Motion to Dismiss the Complaint (Doc. # 8) and Motion to Strike (Doc. # 13.) For the reasons that follow, the Court will grant Defendant's motion to dismiss but deny Defendant's motion to strike as moot. I. BACKGROUND On April 6, 2009, Plaintiff commenced this action by filing a pro se complaint, naming Yavapai County and Norman Wilson as Defendants. (Doc. # 1.) The one-page, three-paragraph C... Kenneth Dale GANN, Plaintiff, v. Dora SCHRIRO, et al., Defendants. , D.Ariz., November 16, 2009 ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Kenneth Dale Gann brought this civil rights action under 42 U.S.C.1983 against Dora B. Schriro, former Arizona Department of Corrections (ADC) Director, and Richard Haggard, ADC Chief of Security at the Arizona State Prison Complex (ASPC)-Winslow Kaibab Unit (Doc. # 1). Before the Court is Defendants' Motion for Summary Judgment (Doc. # 16), which is fully briefed (Doc. # # 19-20). The Court will grant Defendants' motion and terminate the act... Manuel BERNAL, husband, individually and on behalf of Kevin Bernal, their minor son, et al., Plaintiffs, v. DAEWOO MOTOR AMERICA, INC., a Delaware corporation, et al., Defendants. , D.Ariz., November 16, 2009 ORDER DAVID G. CAMPBELL, District Judge. Plaintiffs Manuel, Paula, and Christopher Bernal ("the Bernals"), on behalf of themselves and others, filed a claim against Defendants Daewoo Motor America, Inc., Daewoo Motor Co., Ltd. (collectively "Daewoo"), and other Defendants. Dkt. # 1. Daewoo filed an answer (Dkt.# 16) and the Bernals have moved to strike the affirmative defenses and demands in Daewoo's answer (Dkt. # 19). The motion is fully briefed. For the reasons that follow, the Court will ... Jan E. KRUSKA, Plaintiff, v. PERVERTED JUSTICE FOUNDATION INCORPORATED, et. al., Defendants. , D.Ariz., November 13, 2009 ORDER STEPHEN M. McNAMEE, District Judge. Before the Court is Plaintiff's Motion for Entry of Default and Default Judgment, filed September 3, 2009 (Doc. 197). Defendants filed a Response on September 11, 2009 (Doc. 199). Plaintiff argues that a default judgment should be entered against Defendants Perverted Justice and Xavier Von Erck ("Defendants"). She states that her Amended Complaint was filed on January 7, 2009, and that Defendants have filed no responsive pleading within the time frame... Steve J. LONGARIELLO, Plaintiff, v. PHOENIX UNION HIGH SCHOOL DISTRICT, Defendant. , D.Ariz., November 13, 2009 ORDER LAWRENCE O. ANDERSON, United States Magistrate Judge. This case arises on pro se Plaintiff's Motion to Strike and Motion for Judgment by Default which are combined with Plaintiff's Response to Motion to Dismiss, filed on November 3, 2009. (docket # 18) No response will be required by Defendant to these two Motions. MOTIONS TO STRIKE Motions to strike are not favored by the District Court. First Horizon Home Loan Corp. v. Phillips, 2008 WL 906698, *4 (D.Ariz.2008) (citation omitted). L... Alfredo CARRILLO-LOZANO, Petitioner, v. Bruno STOLC, et al., Respondents. , D.Ariz., November 13, 2009 Alfredo Carrillo-Lozano, Eloy, AZ, pro se. Peter Michael Lantka, U.S. Attorneys Office, Phoenix, AZ, for Respondents. ORDER G. MURRAY SNOW, District Judge. Pending before the Court are Petitioner Alfredo Carrillo-Lozano's Petition for Writ of Habeas Corpus (Dkt.# 1) and the government's Motion to Dismiss the Petition. (Dkt.# 22). [FN1] On August 20, 2009, Magistrate Judge David K. Duncan issued a Report and Recommendation ("R & R") in which he recommended that the Court deny the Petition... PHOENIX REVITALIZATION CORPORATION, an Arizona non-profit corporation, as agent of the Federal Deposit Insurance Corporation, statutory successor to the Resolution Trust Corporation as Receiver for Sun State Savings and Loan Association F.S.A., Plain, D.Ariz., November 12, 2009 ORDER MARY H. MURGUIA, District Judge. Plaintiff filed a Complaint against Defendant and WB AZ Equities, II LLC on September 11, 2009. (Dkt.# 1.) Plaintiff amended its Complaint in order to terminate WB AZ Equities, II LLC on February 2, 2009. (Dkt.# 13.) Defendant was served on July 28, 2009. (Dkt.# 21.) Defendant failed to respond and on September 4, 2009, Plaintiff filed a motion for default judgment. (Dkt.# 23.) The Clerk entered default against Defendant pursuant to Federal Rules of Civi... UNITED STATES of America, Plaintiff/Respondent, v. Alvaro MENDOZA-ROMERO, Defendant/Movant. , D.Ariz., November 12, 2009 ORDER PAUL G. ROSENBLATT, District Judge. Pending before the Court is Magistrate Judge Anderson's Report and Recommendation (doc. # 13), filed September 28, 2009, wherein he recommends that the defendant/movant's motion filed pursuant to 28 U .S.C. § 2255 be denied. Magistrate Judge Anderson expressly advised the parties in the Report and Recommendation that they had ten days from the date of service of the Report and Recommendation in which to file specific objections to it. A review of the ... Thelma BOSSORT, Plaintiff, v. KINDRED NURSING CENTERS WEST, L.L.C., a Delaware limited liability company, d/b/a Kachina Point Health Care and Rehabilitation Center, Defendant. , D.Ariz., November 12, 2009 ORDER PAUL G. ROSENBLATT, District Judge. Currently before the Court is the Defendant's Motion to Dismiss Plaintiff's Amended Complaint and Compel Arbitration. [FN1] (Doc. 12 .) Defendant contends that Plaintiff filed her Complaint subsequent to the expiration of the applicable statute of limitations and that this Court lacks jurisdiction over this matter pursuant to a "validly executed Alternative Dispute Resolution Agreement" (ADR Agreement) entered into by the parties. FN1. Plainti... UNITED STATES of America, Plaintiff(s), v. Rohan S. COOMBS, Defendant(s). , D.Ariz., November 12, 2009 ORDER FRANK R. ZAPATA, District Judge. This matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and the local rules of practice of this Court for hearing and report and recommendation on Defendant's Motion to Suppress [20] and Motion to Suppress Statements [21]. On September 17, 2009, Magistrate Judge Charles R. Pyle conducted a hearing and on October 22, 2009 issued his Report and Recommendation [56]. A copy was sent to all parties. Neither party... UNITED STATES of America, Plaintiff, v. Lawrence William DUNNING, Defendant. , D.Ariz., November 12, 2009 ORDER MARY H. MURGUIA, District Judge. Currently pending before the Court is Defendant Dunning's First Motion to Compel and/or For Sanctions (Dkt.# 343). After reviewing the motion, response, and reply, the Court issues the following Order. Dunning moves to compel the Government to provide (1) all deleted information from the 22 ANMP computer hard drives and (2) the ownership of each computer/hard drive that was disclosed. Both of these items appear to have already been raised in Dunning's... ADI MOTORSPORTS, INC., Plaintiff, v. Timothy L. HUBMAN, et al., Defendants. , D.Ariz., November 10, 2009 ORDER DAVID G. CAMPBELL, District Judge. The National Bank of Harvey, ADi Motorsports, Inc., Annie Chapman and Richard Weyand, collectively referred to in this order as the Judgment Creditors, have filed a motion to compel discovery responses from the Garnishee, NAPIS, Inc. Dkt. # 119. NAPIS has responded (Dkt.# 122) and the Judgment Creditors have replied (Dkt.# 123). In addition, counsel for NAPIS-- Titus, Brueckner & Berry, P.C.--has filed a renewed motion to withdraw from representing NAP... Rosemary GUADIANA, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. , D.Ariz., November 10, 2009 REPORT AND RECOMMENDATION GLENDA E. EDMONDS, United States Magistrate Judge. Pending before the court is the defendant's motion for summary judgment pursuant to Rule 56, Fed.R.Civ.P. [doc. # 63] The plaintiff filed a response, and the defendant filed a reply. The plaintiff, Rosemary Guadiana, claims the defendant breached her homeowner's insurance policy by failing to pay the costs of tearing out and replacing part of the structure when she replaced her polybutylene plumbing. The defendant... Michael Anthony HATCHER, Petitioner, v. Dora SCHRIRO, et. al., Respondent. , D.Ariz., November 10, 2009 Michael Anthony Hatcher, Sr., Picacho, AZ, pro se. Kent E. Cattani, Office of the Attorney General, Phoenix, AZ, for Respondent. MEMORANDUM OF DECISION AND ORDER STEPHEN M. McNAMEE, District Judge. Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus filed under 28 U.S.C. 2254 (Doc. 1). The matter was referred to Magistrate Judge Jacqueline Marshall for Report and Recommendation (Doc. 2). On October 8, 2009 the Magistrate Judge filed a Report and Recommendation wit... Rod Dennis HENRICKS, Plaintiff, v. Matrese AVILA, et al., Defendants. , D.Ariz., November 10, 2009 ORDER ROBERT C. BROOMFIELD, Senior District Judge. On September 3, 2009, Plaintiff Rod Dennis Henricks, who is confined in the Apache County Jail in St. Johns, Arizona, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. In a September 21, 2009 Order, the Court granted the Application to Proceed and dismissed the Complaint because Plaintiff had failed to state a claim upon which relief could be granted. The Court gave Plaintiff 3... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. AUTOZONE, INC., a Nevada corporation, Defendant. , D.Ariz., November 9, 2009 ORDER STEPHEN M. McNAMEE, District Judge. Before the Court is Plaintiff's Motion to Amend Judgment to Add Equitable Relief, filed on June 25, 2009 (Doc. 232). Defendant responded on July 8, 2009 (Doc. 234), and Plaintiff replied on July 20, 2009 (Doc. 238). The motion is now fully briefed and ready for decision. On June 10, 2009, the jury returned a verdict in Plaintiff's favor on the hostile work environment claim but found against Plaintiff on the retaliation claim. The jury awarded Plai... FIRST HORIZON HOME LOANS, a division of First Tennessee Bank National Association, Plaintiff, v. Ghulam DOOST, Defendant. , D.Ariz., November 9, 2009 Leonard J. McDonald, Jr., Mark S. Bosco, Tiffany & Bosco PA, Camelback Esplanade II, Phoenix, AZ, for Plaintiff. Nasser Usama Abujbarah, Law Offices of Nasser U. Abujbarah, Phoenix, AZ, for Defendant. ORDER DAVID G. CAMPBELL, District Judge. On or about July 27, 2009, following a trustee sale, Plaintiff First Horizon Home Loans ("First Horizon") received a deed to property at 18232 West Banff Lane in Surprise, Arizona ("the property"). Dkt. # 12-1 at 10-12. [FN1] On July 30, 2009, Firs... Cedric JORDAN, Plaintiff, v. Dayle COOK, et al., Defendants. , D.Ariz., November 9, 2009 ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Cedric Jordan, who is confined in the Arizona State Prison Complex-Eyman, 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 order Defendants Crane, Cook, Moriarty, and Adututu to answer the Complaint and will dismiss the remaining claims and Defendants without prejudice. I. Application to Proceed In Forma Pauperis and Filing Fee Plaintiff's Application to ... Roy C. EARLEY, Plaintiff, v. Charles L. RYAN, et al., Defendants. , D.Ariz., November 9, 2009 ORDER MARY H. MURGUIA, District Judge. Plaintiff Roy C. Earley, who is confined in the Arizona State Prison Complex-Eyman, 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 Plaintiff's Application to Proceed In Forma Pauperis will be granted. 28 U.S.C. § 1915(a). Plaintiff must pay the statutory filing fee... Jenghiz K. STEWART, Plaintiff, v. CENTRAL ARIZONA CORRECTION FACILITY, et al., Defendants. , D.Ariz., November 9, 2009 ORDER MARY H. MURGUIA, District Judge. Plaintiff Jenghiz K. Stewart, who is confined in the Central Arizona Correction Facility in Florence, Arizona, filed this pro se civil rights action against various employees of the Arizona Department of Corrections (ADC). (Doc. # 1.) Hamidi moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). [FN1] (Doc. # 11.) Bezy and Hernandez join the motion. (Doc. # 24.) The motion is fully briefed. (Doc. 38, 48, 60. [FN2]) FN1. The Court ... George Russell KAYER, Petitioner, v. Dora SCHRIRO, et al., Respondents. , D.Ariz., November 9, 2009 ORDER DAVID G. CAMPBELL, District Judge. Before the Court are Petitioner's Motion for Reconsideration of Denial of Certificate of Appealability, Dkt. 57, and Rule 52(b) Motion to Amend Findings and Rule 59(e) Motion to Alter or Amend the Judgment, Dkt. 58. On September 19, 2009, the Court denied Petitioner's amended habeas corpus petition, granted a certificate of appealability ("COA") with respect to two claims, and entered judgment. Dkts. 55, 56. In the present motions, Petitioner asks the ... Leo Charles HILLYER, Plaintiff, v. Joseph ARPAIO, Defendant. , D.Ariz., November 9, 2009 ORDER DAVID G. CAMPBELL, District Judge. In this civil rights action brought by a county jail inmate, Arpaio moved to dismiss for lack of exhaustion (Doc. # 7). Plaintiff failed to respond, although he was informed of his right and obligation to do so (Doc. # 9). The Court will grant the motion to dismiss. I. Exhaustion The Prison Litigation Reform Act (PLRA) provides that a prisoner may not bring a lawsuit with respect to prison conditions under § 1983 unless all available administrative ... Eileen KELLY, as the Surviving Parent of Sean Desmond Kelly; Donna Ashcraft as Conservator of Athena Ashcraft, natural daughter of Sean Desmond Kelly; and Lynn Butcher as the Representative of the Estate of Sean Desmond Kelly, Plaintiffs, v. STATE , D.Ariz., November 6, 2009 ORDER DAVID G. CAMPBELL, District Judge. Defendants have filed a motion to dismiss Plaintiffs' first amended complaint pursuant to Rules 12(b)(1) and (6) of the Federal Rules of Civil Procedure. Dkt. # 22. The motion has been fully briefed. Dkt. 23, 26. No party has requested oral argument. For the following reasons, the motion will be granted. I. Background. In November of 2001, decedent Sean Kelly began serving a nine-year prison sentence at the Arizona State Prison Complex in Douglas, Ariz... Carole SAUNDERS, Plaintiff, v. Yavapai County Sheriff's Deputy Richard SILVA and his wife, Connie Lynn Silva; Yavapai County Sheriff's Deputy Deborah Dean and her husband; Yavapai County Sheriff Steve Waugh and his wife; Yavapai County Attorney She, D.Ariz., November 6, 2009 ORDER EARL H. CARROLL, District Judge. Plaintiff Carole Saunders brought this civil rights action under 42 U.S.C. § 1983 against Yavapai County, Yavapai County Sheriff's Deputy Richard Silva ("Deputy Silva"), Yavapai County Sheriff's Deputy Deborah Dean ("Deputy Dean"), Yavapai County Sheriff Steve Waugh ("Sheriff Waugh"), Yavapai County Attorney Sheila Polk ("Polk"), and Yavapai County Deputy Attorney Steven Sisneros ("Sisneros"). [FN1] (Dkt.32.) Before the Court is Defendants' Partial Motio... Ruben L. GARZA, Petitioner, v. Dora B. SCHRIRO, et al., Respondents. , D.Ariz., November 6, 2009 ORDER JAMES A. TEILBORG, District Judge. Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") (Doc. # 1). The Magistrate Judge issued a Report and Recommendation ("R & R") (Doc. # 11) recommending that the Petition be denied as untimely. Neither party has filed objections to the R & R. Therefore, the Court will accept the R & R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all ... of... Dede FULLER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Ariz., November 6, 2009 Eric Glenn Slepian, Slepian Law Office, Phoenix, AZ, for Plaintiff. Michael A. Johns, U.S. Attorney's Office, Phoenix, AZ, Michael A. Thomas, Social Security Administration Office of the General Counsel Region VIII, Denver, CO, for Defendant. ORDER G. MURRAY SNOW, District Judge. Pending before the Court is the appeal of Plaintiff Dede Fuller, which challenges the Social Security Administration's decision to deny benefits. (Dkt.# 21.) For the following reasons, the Court affirms the deci... METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, v. Maria PROBST; Mildred Lomerson; and Lewis Lomerson, Defendants. , D.Ariz., November 6, 2009 Timothy R. Hyland, Kunz Plitt Hyland Demlong & Kleifield PC, Phoenix, AZ, for Plaintiff. ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Metropolitan Life Insurance Company is the claim fiduciary for the General Electric Group Life Insurance Plan ("Plan"), an employee benefit plan governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. ("ERISA"). Decedent Paula Wouters was a Plan participant who had a life insurance policy in the amount of $8,404. Defend... SAGUARO MEDICAL ASSOCIATES, P.C., an Arizona professional corporation; and Rakesh Malhotra, M.D., Plaintiffs, v. BANNER HEALTH, an Arizona corporation, d/b/a Banner Thunderbird Medical Center, Defendant. , D.Ariz., November 6, 2009 Lonnie James Williams, Quarles & Brady LLP, Phoenix, AZ, for Plaintiff. ORDER DAVID G. CAMPBELL, District Judge. Plaintiffs Saguaro Medical Associates ("Saguaro") and Rakesh Malhotra, M.D. have filed a motion for summary judgment. Dkt. # 107. Defendant Banner Health ("Banner") has filed a motion for summary judgment. Dkt. # 114. Both motions are fully briefed. For the reasons that follow, the Court will deny Plaintiffs' motion and grant in part and deny in part Banner's motion. [FN1] FN1. T... UNITED STATES of America, Plaintiff, v. Julio Cesar FELICIANO, Jr., Defendants. , D.Ariz., November 6, 2009 ORDER DAVID G. CAMPBELL, District Judge. The government has filed a motion in limine to preclude defense expert testimony regarding eyewitness identification. Dkt. # 270. Defendant Feliciano has filed a response. Dkt. # 297. The Court heard oral arguments on November 3, 2009. For the reasons that follow, the Court will deny the government's motion. I. Background. Feliciano is accused of committing five armed bank robberies. Dkt. # 270 at 2. [FN1] The government plans to introduce several ... Michael E. CARBAJAL, a single man; and Mary E. Carbajal, a widow, Plaintiffs, v. David A. DORN and Jane Doe Dorn, husband and wife; Dorn Agency, Inc., an Arizona corporation; and Liberty Life Insurance Co., a South Carolina corporation, Defendants., D.Ariz., November 5, 2009 ORDER DAVID G. CAMPBELL, District Judge. This action concerns life insurance policies covering Michael Carbajal, a retired boxer, and Mary Carbajal, Michael's mother. The policies were issued by Liberty Life Insurance Co. ("Liberty") pursuant to the terms of an employee benefit plan. David Dorn and the Dorn Agency, Inc. were the insurance agents for the purchase of the policies. Plaintiffs filed suit against Defendants in state court. Plaintiffs allege that David Dorn conspired with Danny ... Eric JALLAYOU, Petitioner, v. James KIMBLE, Katrina Kane, Janet Napolitano, Eric H. Holder, Jr., Respondents. , D.Ariz., November 5, 2009 ORDER MARY H. MURGUIA, District Judge. Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 on August 3, 2009, asserting his continued detention by Respondents pending his removal from the United States violated United States Law. On August 31, 2009, the Magistrate Judge issued his Report and Recommendation recommending that Mr. Jallayou's Motion to Withdraw his Petition be granted and the Petition for Writ of Habeas Corpus be dismissed with prejudice as moot.... UNITED STATES of America, Plaintiff, v. Calvin Bryan EVANSTON, Defendant. , D.Ariz., November 5, 2009 ORDER G. MURRAY SNOW, District Judge. Pending before this Court is the Government's Motion In Limine Re: Prior Criminal Record of Victim (Dkt.# 38), the Defendant's Motion in Limine Re: Photographs (Dkt.# 45), the Defendant's Motion In Limine Re: Polygraph (Dkt. # 46), and the Government's Motion in Limine Re: 404(B) Other Act Evidence (Dkt.# 60). On October 29, 2009, the Court held an evidentiary hearing on the Government's Motion in Limine Re: 404(B) Other Act Evidence (Dkt.# 60). At that h... Jesus Lopez SAUCEDA and Maria Lopez Bojorquez, husband and wife; Maria Soledad Alaniz Gonzalez, a single woman, and Angel Alaniz Gonzalez, a single man, Plaintiffs, v. The UNITED STATES of America, Defendant. , D.Ariz., November 5, 2009 ORDER DAVID G. CAMPBELL, District Judge. Plaintiffs suffered severe injuries when the vehicle in which they were riding rolled over near San Luis, Arizona on January 26, 2005. Plaintiffs filed a complaint against the United States pursuant to the Federal Tort Claims Act. Dkt. # 1. Plaintiffs allege that federal border patrol agents caused the accident. Id. ¶ 12. The complaint asserts negligence and civil rights claims. Id. ¶¶ 17-25. Defendant has filed motions to dismiss and for summary ju... Deandre Eugene CHILDERS, Plaintiff, v. Joseph ARPAIO, Defendant. , D.Ariz., November 5, 2009 ORDER MARY H. MURGUIA, District Judge. Plaintiff, Deandre Eugene Childers, filed his Civil Rights Complaint on May 13, 2009. On June 29, 2009, this Court issued an order advising Plaintiff to complete and return a service packet for Defendant by July 20, 2009. The Court notes that Plaintiff's mail has been returned by the Post Office indicating Plaintiff is no longer in custody. On August 31, 2009, the Magistrate Judge filed his Report and Recommendation recommending that this case be dism... Edward Harry GUM, Petitioner, v. Charles L. RYAN [FN*], et al., Respondents. FN* Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Charles L. Ryan, the Interim Director of the Arizona Department of Corrections, replaces Dora S, D.Ariz., November 5, 2009 ORDER MARY H. MURGUIA, District Judge. Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 on September 24, 2008. On December 11, 2008, Respondents filed their response to Petitioner's Petition for Writ of Habeas Corpus. On September 18, 2009, the Magistrate Judge issued his Report and Recommendation recommending that the petition be denied and dismissed with prejudice. In his Report and Recommendation the Magistrate Judge advised the parties that they had 10... UNITED STATES of America, Plaintiff, v. Calvin Bryan EVANSTON, Defendant. , D.Ariz., November 5, 2009 Jennifer Elaine Green, U.S. Attorney's Office, Phoenix, AZ, for Plaintiff, ORDER G. MURRAY SNOW, District Judge. Pending before this Court is Defendant Evanston's Motion To Suppress Statements (Dkt.# 19). For the following reasons, the Court denies the motion. In his motion, the Defendant moves to suppress any statements he made in four separate encounters with law enforcement. He moves first to suppress any statements he made when he met with FBI Special Agents Keegan and Barber and Inv... Alfredo CORRAL-LOZANO, Petitioner, v. Charles L. RYAN, et al., Respondents. , D.Ariz., November 5, 2009 Alfredo Corral-Lozano, Diamondback-CF, Watonga, OK, pro se. Melissa Alice Parham, Office of The Attorney General, Phoenix, AZ, for Respondent. ORDER MARY H. MURGUIA, District Judge. Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 on January 1, 2009. On May 28, 2009, Respondents filed a their response to Petitioner's Petition for Writ of Habeas Corpus. On August 10, 2009, the Magistrate Judge issued his Report and Recommendation recommending that the ... The CONLON GROUP ARIZONA, LLC, Plaintiff, v. CNL RESORT BILTMORE REAL ESTATE, INC., et al., Defendants. , D.Ariz., November 5, 2009 Monica Marie Ryden, Andrew Mark Federhar, Lori Anne Higuera, Fennemore Craig PC, Phoenix, AZ, for Defendants. ORDER FREDERICK J. MARTONE, District Judge. This is a trial to the court without a jury. We took the matter under advisement at the close of all of the evidence. These are our Findings and Conclusions under Rule 52(a), Fed.R.Civ.P. This is the third time this court has been required to act in the continuing saga between the Arizona Biltmore Hotel (Hotel) and some of the owners of... CENTER FOR BIOLOGICAL DIVERSITY; Sierra Club; WildEarth Guardians, Plaintiffs, v. UNITED STATES FOREST SERVICE; United States Fish and Wildlife Service, Defendants. , D.Ariz., November 5, 2009 Marc D. Fink, Duluth, MN, for Plaintiffs. Andrew Allen Smith, US Dept. of Justice c/o US Attorney's Office, Albuquerque, NM, Rickey Doyle Turner, Marissa A. Piropato, US Dept of Justice, Washington, DC, for Defendants. ORDER FREDERICK J. MARTONE, District Judge. The court has before it a motion for summary judgment by plaintiffs Center for Biological Diversity, Sierra Club, and WildEarth Guardians (doc. 16), defendants United States Forest Service ("Forest Service") and United States Fis... Warren N. RICHARDS, IV, Plaintiff, v. HOLSUM BAKERY, INC.; Flower Foods, Inc., Defendants. , D.Ariz., November 5, 2009 Craig Matthew Lachance, Daryl M. Williams, Baird Williams & Greer LLP, Phoenix, AZ, for Plaintiff. Christopher Michael Mason, Michelle Hamilton Ganz, Ogletree Deakins Nash Smoak & Stewart PC, Phoenix, AZ, Kevin P. Hishta, Margaret Earls Santen, Ogletree Deakins Nash Smoak & Stewart PC, Atlanta, GA, for Defendants. ORDER MARY H. MURGUIA, District Judge. Defendants, Holsum Bakery, Inc., and Flower Foods, Inc., have filed a Motion For Disqualification of Plaintiff's Counsel for Improper Ex ... Robert MAYSEY, Plaintiff, v. CRAVEONLINE MEDIA, LLC, a California limited liability company; Joe Hall, an individual; Does 1 through 10, inclusive, Defendants. , D.Ariz., November 5, 2009 ORDER JAMES A. TEILBORG, District Judge. Pending before this Court is Plaintiff Robert Maysey's Notice Of Motion To Remand And Request For Attorneys' Fees. For the reasons stated below, the Court grants Plaintiff's Motion To Remand and awards attorneys' fees to Plaintiff. BACKGROUND On April 14, 2009, Plaintiff Robert Maysey ("Maysey" or "Plaintiff"), filed a civil action in the Maricopa County Superior Court ("Maricopa County Superior Court") against Defendants CraveOnline Media, LLC and J... Charles Bradley RIENHARDT, 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., November 4, 2009 Amy Sara Armstrong, Gregory J. Kuykendall, P.C., Tucson, AZ, Julie Singleton Hall, Law Office of Julie Singleton Hall, Oracle, AZ, for Petitioner. Robert John Gorman, Office of the Attorney General, Tucson, AZ, for Respondents. MEMORANDUM OF DECISION AND ORDER DAVID C. BURY, District Judge. Petitioner Charles Bradley Rienhardt is a state prisoner under sentence of death. He has filed a Petition for Writ of Habeas Corpus alleging that he is imprisoned and sentenced in violation of the Uni... James A. PAYNE, an individual, Plaintiff, v. Joseph ARPAIO, Maricopa County Sheriff, and Ava Arpaio, his wife; Maricopa County Sheriff's Department, a county agency; Maricopa County, a political subdivision; Fulton Brock, in his official capacity a, D.Ariz., November 4, 2009 ORDER NEIL V. WAKE, District Judge. Plaintiff James Payne has asserted three claims against Defendants arising from diabetes-related injuries he allegedly sustained while incarcerated in Maricopa County jail and Arizona State prison between April 2001 and September 2007 due to allegedly inadequate medical care. Defendants are clustered into three groups based on representation: (1) Sheriff Joseph Arpaio, his wife Ava Arpaio, and Maricopa County Sheriff's Office (hereinafter collectively referred... UNITED STATES of America ex rel. Mary A. CAFASSO, Plaintiff, v. GENERAL DYNAMICS C4 SYSTEMS, INC., Defendant. General Dynamics C4 Systems, Inc., Counterclaimant, v. Mary A. Cafasso, Counterdefendant. , D.Ariz., November 4, 2009 FINDINGS OF FACT AND CONCLUSIONS OF LAW and ORDER NEIL V. WAKE, District Judge. Before the Court is General Dynamics C4 Systems, Inc.'s ("GDC4S") Motion for Award of Attorneys' Fees [doc. # 363] and Motion for Leave to File Supplemental Bill of Costs re State Court [doc. # 385]. GDC4S brought suit against its former employee Mary Cafasso in state court alleging breach of contract and numerous other claims for her taking of tens of thousands of business records. Shortly thereafter, Cafasso bro... UNITED STATES of America, Plaintiff, v. Jose CONTRERAS-RANGEL, Defendant. , D.Ariz., November 4, 2009 ORDER JAMES A. TEILBORG, District Judge. On May 22, 2009, the jury found Defendant guilty of conspiracy to harbor illegal aliens and harboring illegal aliens. Doc. # 116. During trial, the government argued that Defendant was an illegal alien who was being smuggled into the United States who, once in Phoenix, made arrangements with the smugglers to become a guard for a reduced smuggling fee. Doc. # 141 at 8. Defendant argued that he was merely an illegal alien being smuggled into the United S... ASSOCIATED INDEMNITY CORPORATION, a corporation, Plaintiff, v. HARTFORD CASUALTY INSURANCE COMPANY, a corporation, Defendant. , D.Ariz., November 4, 2009 ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Associated Indemnity Corporation has filed a motion for summary judgment. Dkt. # 33. Defendant Hartford Casualty Insurance Company has filed a cross-motion for summary judgment. Dkt. # 36. Both motions are fully briefed. [FN1] For the reasons that follow, the Court will grant Associated's motion for summary judgment and will deny Hartford's motion. [FN2] FN1. Associated filed a motion to strike Hartford's reply (Dkt.# 41) on the ground that ... Michael J. OTTIANO, Plaintiff, v. PROFESSIONAL SPORTS AUTHENTICATOR, Defendant. , D.Ariz., November 4, 2009 ORDER MARY H. MURGUIA, District Judge. Currently before the Court is Defendant Professional Sports Authenticator's Motion to Dismiss (Dkt.# 4). After reviewing the pleadings, and finding oral argument unnecessary, the Court issues the following Order. Defendant Professional Sports Authenticator ("PSA") moves to dismiss the Complaint because a forum selection clause in the parties' agreement requires all legal actions between them to be heard in the Superior Court of Orange County, Californ... Steven Wayne DIVINE, Petitioner, v. Richardo E. CHAVEZ, Respondent. , D.Ariz., November 4, 2009 ORDER JAMES A. TEILBORG, District Judge. Pending before this Court is Petitioner's Amended Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241. On September 30, 2009, the Magistrate Judge to whom this case was assigned filed a Report and Recommendation recommending that this Court transfer the remaining claims in this case to the United States District Court for the District of Oregon. Neither party filed objections to this recommendation. This Court "may accept, reject, ... Marc HOBE, a single man, Plaintiff, v. DEPARTMENT OF EDUCATION; Pioneer Recovery; and James Farrar, Defendants. , D.Ariz., November 3, 2009 ORDER DAVID G. CAMPBELL, District Judge. This suit concerns collection efforts relating to Plaintiff Marc Hobe's student loans. Plaintiff filed a pro se complaint against the United States Department of Education ("the DOE"), James Farrar, an employee of the DOE, and Pioneer Recovery, Inc. Dkt. # 1. The Court dismissed the complaint without prejudice for lack of subject matter jurisdiction. Dkt. # 29. Plaintiff filed an amended complaint on July 15, 2009. Dkt. # 30. Plaintiff has filed a m... Derrin Jordan WEBER, Plaintiff, v. Tom SHEAHAN, et al., Defendants. , D.Ariz., November 3, 2009 ORDER DAVID G. CAMPBELL, District Judge. I. Background On March 19, 2009, Plaintiff Derrin Jordan Weber, who is confined in the Arizona State Prison Complex-Lewis in Buckeye, Arizona, filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. In a March 30, 2009 Order, the Court granted the Application to Proceed and dismissed the complaint because Plaintiff had failed to state a claim. The Court gave Plaintiff 30 days to file an amende... Jeffrey J. DOERING I, Plaintiff, v. Joe M. ARPAIO, County Sheriff; Julie Ahlquist, Division Commander; and Unknown MCSOs 1-7, Defendants. , D.Ariz., November 3, 2009 ORDER DAVID G. CAMPBELL, District Judge. Plaintiff commenced this civil rights action against Defendants by filing a pro se complaint on July 28, 2009. Dkt. # 1. Defendants Joseph Arpaio and Julie Ahlquist have filed a motion to dismiss the complaint pursuant to Rules 12(b)(1) and (6) of the Federal Rules of Civil Procedure. Dkt. # 9. In response to that motion, Plaintiff has filed a motion for leave to file an amended complaint. Dkt. # 14. Under Rule 15(a) of the Federal Rules of Civil Pr... Karen Marie HANSEN, Plaintiff, v. Charles RYAN, et al., Defendants. , D.Ariz., November 3, 2009 ORDER G. MURRAY SNOW, District Judge. Plaintiff Karen Marie Hansen, who is confined in the Arizona State Prison Complex-Perryville (ASPC-Perryville) in Goodyear, Arizona, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983. In an August 26, 2009 Order, the Court dismissed the Complaint because Plaintiff had failed to state a claim. The Court gave Plaintiff 30 days to file an amended complaint that cured the deficiencies identified in the Order. On September 28, 2009, Plainti... Kevin R. KRISTICK; Karie L. Kristick, Plaintiffs, v. FIRST FRANKLIN LOAN SERVICES, INC., et al., Defendants. , D.Ariz., November 3, 2009 ORDER NEIL V. WAKE, District Judge. Pending before the Court are Defendants' Motion to Dismiss and Plaintiffs' Request for Reconsideration Based Upon New Facts and Circumstances. (Doc. 7, 13.) I. Procedural Background On May 18, 2009, Plaintiff Kevin R. Kristick [FN1] filed a complaint in this action and a motion for an ex parte order restraining Defendants First Franklin Loan Services, Inc. ("First Franklin"), Home Loan Services, Inc. ("Home Loan Services"), and LaSalle Bank, N.A. ("LaSa... UNITED STATES of America, Plaintiff, v. Sergio RAYA-BAEZ, Defendant. , D.Ariz., November 2, 2009 ORDER JAMES A. TEILBORG, District Judge. Pending before the Court is the defendant's Motion for New Trial ("Motion"). (Doc. # 64.) Defendant was convicted of Illegal Reentry After Deportation. For the reasons that follow, the Court denies the defendant's Motion. I. BACKGROUND On October 7, 2008, the defendant was indicted on the charge of Illegal Reentry After Deportation in violation of 8 U.S.C. § 1326(a). (Id.) The government alleged that the defendant entered or was found near the Dist... Byron SINGLETON; Shannon Singleton; Carlos Velasco; Courtney Velasco, Plaintiffs, v. Michael J. ADICK; Mary K. Adick; Stanley Benavidez; Elyte ATM Services, Inc.; Elyte Services, LLC; Elyte Security Services, LLC, Defendants. Michael J. Adick; Mar, D.Ariz., November 2, 2009 ORDER JAMES A. TEILBORG, District Judge. Pending before the Court are Named Plaintiffs' Motion for Default Judgment (Doc. # 12) and Motion for Class Certification (Doc. # 13). The Court now rules on the Motions. I. BACKGROUND Named Plaintiffs filed this action on March 10, 2009. Named Plaintiff Byron Singleton worked for Defendants [FN1] as an armed guard transporting money to and from banks in armored trucks. Named Plaintiff Carlos Velasco also worked as an armed guard for Defendants. Pl... Jose Martinez GONZALEZ, Petitioner, v. Martin McDANIEL, et al., Respondents. , D.Ariz., November 2, 2009 ORDER G. MURRAY SNOW, District Judge. Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Guerin's Report and Recommendation ("R & R"). Dkt. 1, 32. The R & R recommends that the Court deny the Petition. Dkt. # 32 at 8. The Magistrate Judge advised the parties that they had ten days to file objections to the R & R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R & R. Id. at... Alejandros Bados MADRID, Sara Hernandez Rios, and Maria Rendon, individually and on behalf of other persons similarly situated, Plaintiffs, v. PEAK CONSTRUCTION, INC., an Arizona Corporation d/b/a Peak Painting, Brad D. Nally, Mark W. Schouten, Wil, D.Ariz., November 2, 2009 ORDER AND OPINION [Re: Motions at Docs. 62 and 65] JOHN W. SEDWICK, District Judge. I. MOTIONS PRESENTED At docket 62, plaintiffs Alejandro Bados Madrid, Sara Hernandez, and Maria Rendon (collectively "plaintiffs") move this court to compel defendants Peak Construction ("Peak"), Brad D. Nally, Mark W. Schouten, William J. Moroney, and Todd Sickels (collectively "defendants") to cure their posting of the court-approved Hoffman-LaRoche notice pursuant to § 216(b) of the Fair Labor Standards Act ... UNITED STATES of America, Plaintiff, v. Robert NEJBAUER, Defendant. , D.Ariz., November 2, 2009 ORDER NEIL V. WAKE, District Judge. Defendant Robert Nejbauer moves the Court to suppress his confession and to suppress evidence obtained from a search of the apartment he shared with his son and of his two vehicles. (Doc. 33, 35.) Mr. Nejbauer's confession will be suppressed. The Court further finds that the government has not satisfied its burden in showing that Mr. Nejbauer's consent to the search of the apartment and two vehicles was voluntary. I. Background Mr. Nejbauer was arrested ... UNITED STATES of America, Plaintiff, v. Robert NEJBAUER, Defendant. , D.Ariz., November 2, 2009 ORDER NEIL V. WAKE, District Judge. Defendant Robert Nejbauer is charged with nine counts of bank robbery, 18 U.S.C. § 2113, one count of attempted bank robbery, 18 U .S.C. § 2213, and one count of using an instrument of interstate commerce to willfully threaten to damage or destroy a building with an explosive device, 18 U.S.C. § 844. Mr. Nejbauer moves the Court sever the counts for trial. (Doc. # 34.) Mr. Nejbauer's motion is denied. Fed.R.Crim.P. 8(a) allows more than one count to be ... Anthony GRADY, Plaintiff, v. Joe ARPAIO, et al., Defendants. , D.Ariz., November 2, 2009 ORDER MARY H. MURGUIA, District Judge. Plaintiff Anthony Grady, 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 dismiss the Complaint with leave to amend. I. Application to Proceed In Forma Pauperis and Filing Fee Plaintiff's Application to Proceed In Forma Pauperis will be granted. 28 U.S.C. § 1915(a). Plaintiff must pay th... Terence VALENZUELA, M.D., Plaintiff, v. Harvey W. MEISLIN, M.D., et al., Defendants. , D.Ariz., November 2, 2009 ORDER CINDY K. JORGENSON, District Judge. Pending before the Court are Plaintiff's Motion for Partial Summary Judgment [Doc. # 25] and Defendants' Cross-Motion for Summary Judgment [Doc. # 28]. In Plaintiff's response, Plaintiff requests oral argument. However, the Court finds this matter is suitable for decision without oral argument. See Mahon v. Credit Bureau of Placer County, Inc., 171 F.3d 1197, 1200 (9th Cir.1999) (explaining that if the parties provided the district court with complete... Valerie MARTINEZ, Plaintiff, v. SAFEWAY STORES, INC., a Delaware corporation, Defendant. , D.Ariz., November 2, 2009 ORDER JAMES A. TEILBORG, District Judge. Pending before the Court is Defendant Safeway Stores, Inc.'s Motion for Summary Judgment (Doc. # 27). For the reasons that follow, the court grants in part and denies in part Safeway's motion. BACKGROUND The material facts are not in dispute and are as follows. In April 2000, Martinez began working in the deli department of a Safeway store in Phoenix, Arizona. Eventually, she began experiencing scheduling issues and she filed a formal grievance with ... Maria HARRIS, et al., Plaintiffs, v. COCHISE COUNTY, Defendant. , D.Ariz., October 30, 2009 ORDER CINDY K. JORGENSON, District Judge. Pending before the Court is Plaintiffs' Motion for Reconsideration [Doc. # 163], Defendant's Motion for Reconsideration [Doc. # 162], and the parties' Stipulation to Extend Time [Doc. # 164]. Procedural Background On or about September 21, 2006, Plaintiff Maria Harris (Harris) filed a complaint in the Superior Court in and for the County of Cochise. On January 2, 2008, the matter was removed to this Court. Harris's Amended Complaint includes claim... In the Matter of GORILLA COMPANIES, INC., et al., Debtor. Gorilla Companies, LLC, Plaintiff, v. Robb M. Corwin, et al., Defendants. 13 Holdings, LLC, et al., Plaintiffs, v. Gorilla Companies, LLC, et al., Defendants. , D.Ariz., October 30, 2009 ORDER DAVID G. CAMPBELL, District Judge. This order relates to an adversary proceeding pending in the United States Bankruptcy Court for the District of Arizona. The adversary proceeding concerns an asset purchase transaction between the Corwin parties and Gorilla Companies, Inc. Dkt. # 9 at 2. On October 26, 2009, the bankruptcy court entered a discovery order requiring the Corwins to submit two of their computers for inspection by November 2, 2009 and to provide other discovery responses. D... David Bernard Thomas BAXTER, Plaintiff, v. Joseph ARPIAO, et al., Defendants. , D.Ariz., October 30, 2009 ORDER MARY H. MURGUIA, District Judge. I. Background On June 2, 2009, Plaintiff David Bernard Thomas Baxter, who is confined in the Maricopa County Lower Buckeye Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. In a June 29, 2009 Order, the Court granted the Application to Proceed and dismissed the Complaint, without prejudice, because Plaintiff had failed to state a claim. The Court gave Plaintiff 30 days to file an ame... Richard NOLAN, Plaintiff, v. Ken SALAZAR, Secretary, Department of the Interior, Defendant. , D.Ariz., October 30, 2009 ORDER JAMES A. TEILBORG, District Judge. Plaintiff Richard Nolan filed the Second Amended Complaint (SAC) on April 27, 2009. (Doc. # 16. [FN1]) Defendant, Ken Salazar, Secretary of the Department of the Interior, moved to dismiss Plaintiff's SAC for lack of subject matter jurisdiction, failure to state a claim upon which relief may be granted, failure to set forth a short and plain statement of his claims, failure to set forth claims in separate, numbered paragraphs, and failure to comply wit... BEST WESTERN INTERNATIONAL, INC., an Arizona non-profit corporation, Plaintiff/Counterdefendant, v. SHARDA, LLC, a Utah limited liability company; and Muljibhai M. Chaudhari, Defendants/Counterclaimants. , D.Ariz., October 30, 2009 ORDER DAVID G. CAMPBELL, District Judge. Best Western International, Inc. is a non-profit corporation consisting of individually owned hotels that operate under the "Best Western" mark. In November 2006, Muljibhai Chaudhari and Sharda, LLC purchased the Best Western Motor Inn, located in Delta, Utah. They entered into a membership agreement with Best Western in December 2006. Best Western terminated the membership in April 2008 because the hotel failed to meet standards required by the member... Cynthia ALLOCCO, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, a foreign corporation, Defendant. , D.Ariz., October 30, 2009 ORDER JAMES A. TEILBORG, District Judge. Currently before the Court is a Motion for Attorneys' Fees and Related Non-Taxable Expenses (Doc. # 159) and accompanying Memorandum in Suppor (Doc. # 165) filed by Defendant Metropolitan Life Insurance Company. Plaintiff Cynthia Allocco filed a Response. (Doc. # 168) I. BACKGROUND Plaintiff worked for American Express as a customer service representative. One of the benefits American Express provided to Plaintiff was salary continuation that paid e... Alex AGUILAR, Plaintiff, v. LEWIS, et al., Defendants. , D.Ariz., October 29, 2009 ORDER NEIL V. WAKE, District Judge. Pending before the court is the Report and Recommendation ("R & R") of Magistrate Judge Irwin (Doc. # 19) recommending (1) that Count Two of Plaintiff's Second Amended Complaint be dismissed, without prejudice, for failure to state a claim, (2) that Defendants DeRosa and Cate be dismissed without prejudice, (3) that an answer to Count One of the Second Amended Complaint be required from Defendants Lewis and Mazzola, and (4) that a service order be entered. ... Frank Hensel HARMON, Petitioner, v. Charles RYAN, et al., Respondents. , D.Ariz., October 29, 2009 ORDER FROM CHAMBERS JOHN W. SEDWICK, District Judge. I. MATTER PRESENTED Pursuant to 28 U.S.C. § 2254, petitioner seeks a writ of habeas corpus. The matter was briefed. At docket 10, Magistrate Judge Ferraro, to whom the petition was referred, recommends that the petition be denied as procedurally defaulted and time barred. No objections have been filed. II. STANDARD OF REVIEW The district court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the ... UNITED STATES of America, Plaintiff, v. Julio Cesar FELICIANO, Jr., Defendant. , D.Ariz., October 28, 2009 ORDER DAVID G. CAMPBELL, District Judge. Defendant Julio Feliciano, Jr. has filed a motion to suppress all evidence seized during the execution of a search warrant at his residence. Dkt. # 246. The government has responded (Dkt.# 266) and Feliciano has replied (Dkt.# 278). Feliciano argues that the search was unlawful--and suppression is warranted--because it was conducted at nighttime without good cause and because no probable cause existed for the search and seizure of certain items listed ... Charles OKONKWO, Plaintiff, v. GLENDALE UNION HIGH SCHOOL DISTRICT, et al., Defendant. , D.Ariz., October 28, 2009 ORDER MARY H. MURGUIA, District Judge. Currently pending before the Court is Plaintiff Charles Okonkwo's Motion for Recusal, (Dkt.# 62). After reviewing the relevant pleadings, the Court issues the following Order. I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff was employed as a teacher at the Moon Valley High School, which is one of nine high schools in the Glendale Union High School District. In April 2007, Plaintiff was terminated before his employment contract had expired. Plaintiff su... Sydney STONE, Plaintiff, v. CJ DEROSA, et al., Respondents. , D.Ariz., October 28, 2009 ORDER PAUL G. ROSENBLATT, District Judge. Currently before the Court is Plaintiff Sydney Stone's ("Stone") Motion Seeking to Alter or Amend the Judgment Denying Plaintiff's Motion Seeking A Preliminary Injunction. The Court will now address the Motion to Amend. (Doc. 48.) Stone contends that the March 2, 2009 Order incorrectly dismissed in its entirety her Complaint. She contends that Defendants Harley Lappin, Director of the Federal Bureau of Prisons, and Harell Watts ("Watts"), Administr... Kathleen C. CAMPBELL, individually and as the successor in interest of Ruth C. Pritchard, Deceased, Capitol Enquiry Inc.; and Capital Education, Inc., Plaintiffs, v. Judy FERNANDO-SHOLES and Bruce A. Sholes, individually and as husband and wife; Br, D.Ariz., October 28, 2009 ORDER STEPHEN M. McNAMEE, District Judge. Before the Court is Defendants' Rule 60(a) Motion for Correction of Mistake or Clerical Error in Default Judgment, filed July 16, 2009 (Doc. 94). Plaintiff's response was filed on July 28, 2009 (Doc. 95), and Defendants' reply was filed on July 31, 2009 (Doc. 97). On August 10, 2009, Defendants filed their Notice of Appeal with the Ninth Circuit (Doc. 98). Although Plaintiffs brought suit against both Bruce A. Sholes as an individual and Law Office of... Manuel de Jesus Ortega MELENDRES, et al., Plaintiffs, v. Joseph M. ARPAIO, et al., Defendants. , D.Ariz., October 28, 2009 ORDER G. MURRAY SNOW, District Judge. Pending before the Court is Defendants' Motion for Protective Order Re: The Exclusion of Non-Party United States Department of Justice from the Depositions of Defendants Arpaio and MCSO Witnesses, (Dkt.# 197), Defendants' Motion For Expedited Ruling on that Motion, (Dkt.# 198), and the United States's Motion for Leave to File Amicus Curiae Memorandum of Law Regarding Defendants' Motion for Protective Order (Dkt.# 199). For the reasons explained below, the... Julian MORA; and Julio Mora, Plaintiffs, v. Joseph M. ARPAIO, Sheriff of Maricopa County, Arizona, in his individual and official capacities; Captain Ray Jones, in his individual capacity; Lieutenant Joe Sousa, in his individual capacity; John Does, D.Ariz., October 28, 2009 Anne Lai, Daniel Joseph Pochoda, ACLU Foundation of Arizona, Phoenix, AZ, Cecillia D. Wang, Harini Raghupathi, ACLU Immigrants Rights Project, San Francisco, CA, for Plaintiffs. Timothy James Casey, Schmitt Schneck Smyth & Herrod PC, Phoenix, AZ, for Defendants. ORDER DAVID G. CAMPBELL, District Judge. Plaintiffs commenced this action by filing a complaint against Defendants on August 19, 2009. Dkt. # 1. Plaintiffs allege that on February 11, 2009, they were unlawfully detained during a ... John P. WARDEN, Plaintiffs, v. COOLIDGE UNIFIED SCHOOL DISTRICT, et al., Defendants. , D.Ariz., October 27, 2009 John P. Warden, Gold Canyon, AZ, pro se. William W. Holder, Skarecky & Holder PA, Phoenix, AZ, for Defendants. ORDER MICHELLE H. BURNS, United States Magistrate Judge. Plaintiff John P. Warden, appearing pro se, is employed as a teacher by Defendant Coolidge Unified School District. In 2007, Plaintiff was accused of improper contact with students at San Tan Heights Elementary School, and was, subsequently, transferred to his current position at Coolidge High School. On May 1, 2008, Pl... John P. WARDEN, Plaintiffs, v. COOLIDGE UNIFIED SCHOOL DISTRICT, et al., Defendants. , D.Ariz., October 27, 2009 ORDER MICHELLE H. BURNS, United States Magistrate Judge. Plaintiff John P. Warden, appearing pro se, is employed as a teacher by Defendant Coolidge Unified School District. In 2007, Plaintiff was accused of improper contact with students at San Tan Heights Elementary School, and was, subsequently, transferred to his current position at Coolidge High School. In his First Amended Complaint, Plaintiff alleged that Defendants' conduct, in connection with the accusations and subsequent transfer... Bobby A. ERVIN, Plaintiff, v. Lisa Michelle ESTOPARE, Defendant. , D.Ariz., October 27, 2009 ORDER NEIL V. WAKE, District Judge. Plaintiff Bobby M. Ervin moves the Court to dismiss his complaint against Defendant Lisa M. Estopare without prejudice pursuant to Fed.R.Civ.P. 41(a)(2). Mr. Ervin's Complaint (doc. # 1) is dismissed without prejudice. The parties' discovery dispute (doc. 61, 62) is therefore moot. Fed.R.Civ.P. 41(a)(2) provides that "an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." The district court m... Raymond L. FROST, Plaintiff, v. Dora SCHRIRO, et al., Defendants. , D.Ariz., October 27, 2009 ORDER PAUL G. ROSENBLATT, District Judge. Pending before the Court is the plaintiff's Objections to Magistrate's Order Doc. # 31 Denying Plaintiff's Motion for Leave to Amend Complaint and Accept Lodged Complaint of April 17, 2009 (docs. # 32 and # 33). [FN1] FN1. Although the plaintiff's documents is a single document, the Clerk of the Court docketed it as two separate documents as it contains two distinct parts. The defendants served their answer (doc. # 15) to the complaint on April 13... Raymond G. OCHOA, Petitioner, v. Charles L. RYAN, et al., Respondents. , D.Ariz., October 27, 2009 ORDER G. MURRAY SNOW, District Judge. Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Bernardo P. Velasco's Report and Recommendation ("R & R"). Dkt. 1, 12. The R & R recommends that the Court dismiss the Petition. Dkt. # 12 at 8. The Magistrate Judge advised the parties that they had ten days to file objections to the R & R and that failure to file timely objections could be considered a waiver of the right to obtain review of t... Bryon NICHOLS, Plaintiff, v. GC SERVICES, LP, Defendant. , D.Ariz., October 27, 2009 Marshall Scott Meyers, Weisberg & Meyers LLC, Phoenix, AZ, Aaron Radbil, Weisberg & Meyers LLC, Cooper City, FL, for Plaintiff. Victoria Lea Orze, Hinshaw & Culbertson LLP, Phoenix, AZ, for Defendant. ORDER FREDERICK J. MARTONE, District Judge. Plaintiff Bryon Nichols brings this action against defendant GC Services claiming violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § § 1692-1692p. The court has before it plaintiff's motion for summary judgment (doc. 68), ... Marc HOBE', a single man, Plaintiff, v. DEPARTMENT OF EDUCATION; Pioneer Recovery; and James Farrar, Defendants. , D.Ariz., October 26, 2009 ORDER DAVID G. CAMPBELL, District Judge. This suit concerns collection efforts relating to Plaintiff Marc Hobe's student loans. On February 27, 2009, Plaintiff filed a pro se complaint against the United States Department of Education ("the DOE"), Pioneer Recovery, Inc. ("Pioneer"), and James Farrar, an employee of the DOE. Dkt. # 1. The Court dismissed the complaint without prejudice for lack of subject matter jurisdiction. Dkt. # 29. Plaintiff filed an amended complaint on July 15, 2009, pu... Araya Wolde GIORGIS, et al., Plaintiffs, v. John C. OGDEN, et al., Defendants. , D.Ariz., October 26, 2009 ORDER FREDERICK J. MARTONE, District Judge. The court has before it defendants Cheifetz Iannitelli Marcolini, P.C., and John C. Marcolini's motion to dismiss ("CIM defendants") (doc. 5), defendants Caroline K. Larsen and Bryan Cave LLP's motion to dismiss (doc. 6), defendant Gallagher & Kennedy, P.A., and Michael K. Kennedy's motion to dismiss (doc. 8), defendants Sanders & Parks, P.C., Mark G. Worischeck and Julianne D. Blumenreich's motion to dismiss (doc. 9), and the CIM defendants' joinde... Paul T. STAVENSJORD, Plaintiff, v. CORRECTIONS CORPORATION OF AMERICA, Bruno Solc, Penny Hart, Defendants. , D.Ariz., October 23, 2009 Paul T. Stavenjord, Eloy, AZ, pro se. Daniel Patrick Struck, Shannon M. Bell, Jones Skelton & Hochuli PLC, Phoenix, AZ, for Defendants. ORDER AND ORDER TO SHOW CAUSE DAVID G. CAMPBELL, District Judge. Plaintiff Paul T. Stavensjord filed this civil rights action against employees of the Corrections Corporation of America (CCA), Red Rock Correctional Center in the Superior Court for the State of Alaska. (Doc. # 21.) Defendants removed the action to the United States District Court for the ... Kyle DEBERRY, Petitioner, v. Dora B. SCHRIRO, et al., Respondents. , D.Ariz., October 23, 2009 MEMORANDUM OF DECISION AND ORDER STEPHEN M. McNAMEE, District Judge. Pending before the Court is Petitioner Kyle DeBerry ("Petitioner")'s Second Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 60). The matter was referred to Magistrate Judge Jay R. Irwin for a Report and Recommendation. His 75 page decision was filed on September 28, 2007 (Doc. 62). On November 16, 2007, Petitioner filed his Objection to the Report and Recommendation (Doc. 67). Respondents Dora S... Renee Pittman MITCHELL, Plaintiff, v. NATIONAL SECURITY AGENCY; et al., Defendants. , D.Ariz., October 23, 2009 ORDER JAMES A. TEILBORG, District Judge. Motions for Injunctive Relief Plaintiff seeks a temporary restraining order against the Drug Enforcement Agency ("DEA") to stop the "painful abuse" she "lives with daily." Doc. # 46 at 5. In her motion, Plaintiff claims, for example, that agents of the DEA speak to her in the "background" of her cell phone to psychologically terrorize her. Id. She also claims the DEA uses satellite technology to deliver harassing messages directly into her brain. Id. a... UNITED STATES of America, Plaintiff, v. Allen Michael DONAHUE, Defendant. , D.Ariz., October 22, 2009 Ann L. Demarais, U.S. Attorneys Office, Tucson, AZ, for Plaintiff. Christopher Robert Kilburn, Fedral Public Defender's Office, Tucson, AZ, for Defendant. REPORT AND RECOMMENDATION CHARLES R. PYLE, United States Magistrate Judge. Defendant filed a Motion to Dismiss for Vindictive Prosecution on October 7, 2009. (Doc 91). The motion was in response to a superceding indictment filed by the Government on September 16, 2009, which added one count of conspiracy to possess with intent to distr... William W. CASTLE, Petitioner, v. Dora B. SCHRIRO, et al., Respondents. , D.Ariz., October 22, 2009 William W. Castle, Winslow, AZ, pro se. Michael Tighe O'Toole, Office of the Attorney General, Phoenix, AZ, for Respondents. ORDER MARY H. MURGUIA, District Judge. Petitioner filed a Petition for Writ of Habeas Corpus pursuant to Title 28 U.S.C. § 2254. (Dkt.# 1.) The matter was referred to United States Magistrate Judge Michelle H. Burns, who issued a Report and Recommendation recommending that the Court deny and dismiss the Petition for Writ of Habeas Corpus with prejudice. (Dkt.# 16.... David H. BARNES; Trisha Barnes, husband and wife, Plaintiffs, v. CITY OF PHOENIX, a political subdivision of the State of Arizona, et al., Defendant. , D.Ariz., October 22, 2009 Gregory Enos Mcclure, Jess A. Lorona, Lorona Steiner Ducar Ltd., Phoenix, AZ, for Plaintiffs. Kathleen L. Wieneke, Christina Gail Retts, Jones Skelton & Hochuli PLC, Phoenix, AZ, for Defendant. ORDER JAMES A. TEILBORG, District Judge. Pending before this Court is Defendants City of Phoenix, City of Phoenix Police Department, Jack Harris, Frank Fairbanks, and Joe Knott's Motion to Dismiss (Doc. # 2). [FN1] For the reasons that follow, the Court will grant in part and deny in part Defendan... Alexander Duran ROMO, Plaintiff, v. Joseph M. ARPAIO, et al., Defendants. , D.Ariz., October 22, 2009 ORDER ROBERT C. BROOMFIELD, Senior District Judge. Plaintiff Alexander Duran Romo, who is confined in the Towers Jail in Phoenix, Arizona, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. [FN1] The Court will dismiss the Complaint with leave to amend. FN1. Many inmates apparently believe that they will receive an immediate payout from a fund established in the class action Hart v. Hill, now Graves v. Arpaio, No. CV... TSYS ACQUIRING SOLUTIONS, LLC, Plaintiff, v. ELECTRONIC PAYMENT SYSTEMS, LLC, Defendant. , D.Ariz., October 22, 2009 ORDER JAMES A. TEILBORG, District Judge. Pending before this Court is Defendant Electronic Payment Systems, LLC's ("EPS") Motion for Summary Judgment (Doc. # 15) and Plaintiff TSYS Acquiring Solution, LLC's ("TSYS") Cross-Motion for Summary Judgment (Doc. # 20). For the reasons that follow, the Court grants Defendant's motion and, accordingly, denies Plaintiff's motion. BACKGROUND EPS and TSYS are both companies involved in the credit/debit card industry. EPS is an independent sales organiz... Richard Steven RIESS, Plaintiff, v. Robert CORDERO, et al., Defendants. , D.Ariz., October 22, 2009 ORDER ROBERT C. BROOMFIELD, Senior District Judge. Plaintiff Richard Steven Riess, who is confined in the Eloy Detention Center (EDC), a private prison facility of Corrections Corporation of America (CCA), in Eloy, Arizona, has filed a pro se civil rights Complaint pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and an Application to Proceed In Forma Pauperis. [FN1] The Court will order Defendants Behrens and Stansel to answer the Complaint ... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com