ORDER JOHN J. TUCHI , District Judge . At issue is Defendant Jake Rhoades's Motion for Judgment on the Pleadings (Doc. 48, Mot.), 1 to which Plaintiff filed a Response (Doc. 54, Resp.) and Defendant filed a Reply (Doc. 55, Reply). The Court finds these matters appropriate for resolution without oral argument. See LRCiv 7.2(f). For the reasons that follow, the Court grants Defendant's Motion. I. BACKGROUND Defendant is the Fire Chief for the City of Kingman Fire Department. (Doc. 44,...
ORDER MICHAEL T. LIBURDI , District Judge . Pending before the Court is the Report and Recommendation ("R&R") of Magistrate Judge Camille D. Bibles (Doc. 47) regarding Plaintiff's Motion for Leave to File a Second Amended Complaint (Doc. 40). The R&R recommends that the Motion be denied. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R. (R&R at 13) (citing 28 U.S.C. 636(b)(1); Rules 6 and 72, Federal Rules of Civil Procedure). Plaintiff...
ORDER SUSAN R. BOLTON , District Judge . Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 on June 22, 2015 raising five grounds for relief: 1) she was denied her right to the effective assistance of trial, sentencing, and post-conviction counsel; 2) she was sentenced to an aggravated term of imprisonment in violation of state law and Booth v. Maryland, 482 U.S. 496 (1087); 3) her guilty plea was not voluntary because she entered into the plea...
REPORT AND RECOMMENDATION CAMILLE D. BIBLES , Magistrate Judge . TO THE HONORABLE SUSAN R. BOLTON: Petitioner Charity Hill, proceeding pro se and in forma pauperis, filed a petition seeking a writ of habeas corpus pursuant to 28 U.S.C. 2254 on June 22, 2015. (ECF No. 1; ECF No. 5). The matter was stayed pending the outcome of Hill's state court proceedings. (ECF No. 11; ECF No. 17). The stay was lifted June 28, 2019, and Respondents answered the petition for habeas corpus relief on...
ORDER CINDY K. JORGENSON , District Judge . Pending before the Court are the Motion to Dismiss Plaintiff's Second Amended Complaint Pursuant to F.R.C.P., Rule 12(b)(1) (Doc. 77) filed by Defendant Sergeant Nicolas Saavedra ("Saavedra"). Plaintiff Edgar Moreno ("Moreno") has filed a response (Doc. 93). Also pending before the Court are the Motion to be Given Opportunity to Provide Detailed Opening Brief (Doc. 94), the Motion on the Question of Subject Matter (Doc. 95), and the Motion...
ORDER JOHN J. TUCHI , District Judge . At issue is Defendant Patrick Moore's Motion to Dismiss First Amended Complaint (Doc. 45, Mot.), to which Plaintiff filed a Response (Doc. 50, Resp.) and Defendant filed a Reply (Doc. 53). The Court finds these matters appropriate for resolution without oral argument. See LRCiv 7.2(f). For the reasons that follow, the Court grants in part and denies in part Defendant's Motion. I. BACKGROUND Defendant is a former Fire Chief of the Northern Arizona...
ORDER SUSAN R. BOLTON , District Judge . Plaintiff Daniel Armijo filed a pro se Civil Rights Complaint on April 18, 2019. This Court entered its Screening Order on June 14, 2019 dismissing the fictitiously named defendants and the City of Mesa and allowing the claims against Defendant Edwin Nickerson to proceed to service. On October 29, 2019 the Court granted Defendant Nickerson's Motion for Judgment on the Pleadings and dismissed Plaintiff's state law claims against Defendant Nickerson...
ORDER MICHAEL T. LIBURDI , District Judge . Pending before the Court is the parties' request to modify the scheduling order. Preliminarily the Court notes that this case has been pending in federal court since October 30, 2018. What is clear from the parties proposed modifications to the scheduling order is that the parties have not dedicated sufficient resources to this particular case given the volume of discovery they claim is still outstanding almost eighteen months into the case. By...
ORDER DOMINIC W. LANZA , District Judge . Pending before the Court is a motion for an award of attorneys' fees under 42 U.S.C. 406(b), submitted by Plaintiff's counsel, Mark Caldwell (Doc. 24), which the Court addressed at length in a December 26, 2019 order (Doc. 26). That order explained that the only obstacle to granting the motion was the lack of documentation establishing the amount of past-due benefits owed to Plaintiff. (Doc. 26 at 2.) Without knowing the amount of past-due...
ORDER CINDY K. JORGENSON , District Judge . On February 12, 2020 Magistrate Judge Maria S. Aguilera issued a Report and Recommendation (Doc. 59) in which she recommended the Court enter an Order granting in part and denying in part Defendants' Motion for Partial Summary Judgment (Doc. 26). The Report and Recommendation advised the parties that any party may serve and file written objections within fourteen (14) days of being served with a copy of the Report and Recommendation. No...
ORDER BRUCE G. MacDONALD , Magistrate Judge . Currently pending before the Court is Petitioner Anthony Johnson's pro se amended Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus by a Person in Federal Custody ("Petition") (Doc. 7). Respondents have filed a Response to Petition for Writ of Habeas Corpus ("Response") (Doc. 19) and Petitioner replied (Doc. 22). The Petition is ripe for adjudication. I. FACTUAL AND PROCEDURAL BACKGROUND A. Federal Conviction and Sentencing On...
ORDER MICHAEL T. LIBURDI , District Judge . Before the Court is Bradley Binkley's Petition for Writ of Habeas Corpus. (Doc. 1.) The Court has reviewed the Petition, Response to the Petition (Doc. 9), Reply to the Response (Doc. 10), Report and Recommendation ("R&R") (Doc. 13), Objection to the R&R (Doc. 21), and Response to the Objection (Doc. 18). The Court will overrule the Objection and adopt the recommendation to dismiss the Petition. I. BACKGROUND A jury convicted Petitioner for...
ORDER DIANE J. HUMETEWA , District Judge . Pending before this Court is Defendant's Motion to Dismiss (Doc. 7) the Complaint (Doc. 1). 1 Plaintiff filed a Response (Doc. 8), and Defendant filed a Reply (Doc. 9). Plaintiff Richard Duran ("Plaintiff") brought this action against National Interstate Insurance Company ("Defendant") for an alleged breach of the implied duty of good faith and fair dealing. Plaintiff's Complaint ("Complaint") alleges Defendant acted in bad faith in relation to...
ORDER SUSAN R. BOLTON , District Judge . Petitioner Andrew Luckett was convicted of a felony in Arizona state court on June 27, 2018 after pleading guilty. He filed a Notice of Post-Conviction Relief on August 28, 2018 which is still pending before the trial court. On July 19, 2019 Petitioner filed this Petition under 28 U.S.C. 2254 for a Writ of Habeas Corpus. On January 27, 2020, the Magistrate Judge issued her Report and Recommendation recommending that the Petition be dismissed...
ORDER SUSAN M. BRNOVICH , District Judge . Pending before the Court is Defendants Tristate Logistics of Nevada, LLC, C&A Holdings, LLC, and The Bon Air Trust's Motion to Dismiss, (Doc. 18, "Mot."). Plaintiff Jayce Bryant responded, (Doc. 22, "Resp."), and Defendants replied, (Doc. 23, "Reply"). Defendants move to dismiss Plaintiff's Complaint against them 1 with prejudice under Federal Rule of Civil Procedure 12(b)(6). (Mot. at 1.) The Court has considered the pleadings and issues the...
ORDER STEVEN P. LOGAN , District Judge . Plaintiff Mona Lisa Lacy ("Plaintiff") seeks judicial review of the denial of her application for disability insurance benefits under the Social Security Act, 42 U.S.C. 405(g). Plaintiff argues that the Administrative Law Judge ("ALJ") erred by according inadequate weight to the opinion of her treating physician and rejecting her subjective complaints (Doc. 14 at 11, 20). A person is considered "disabled" for the purpose of receiving social...
ORDER MICHAEL T. LIBURDI , District Judge . In this case the Plaintiff, Raymond Gastelo, claims that the Defendants wrongfully withheld worker's compensation benefits after he was injured on the job. Presently before the Court are the following Motions: (1) Motion to Dismiss Plaintiffs' Complaint as to Defendant Pam Greer (Doc. 40); (2) Plaintiffs' Motion for Partial Summary Judgment on Liability for Bad Faith Against Wesco Insurance Company (Doc. 51); and (3) Defendants' Motion for...
ORDER JAMES A. TEILBORG , Senior District Judge . Pending before the Court is Plaintiff BBK Tobacco & Foods LLP's ("BBK") Motion to Dismiss Defendant Skunk, Inc.'s ("Skunk") Amended Counterclaims for Genericness. (Doc. 137). Skunk has responded, (Doc. 145), and BBK has replied, (Doc. 147). The Court now rules on the motion. 1 I. BACKGROUND This case arises from a trademark dispute between two tobacco paraphernalia manufacturers. (Doc. 120 at 1-2). Among other claims, BBK alleges that...
ORDER JAMES A. TEILBORG , Senior District Judge . Plaintiff Michael R. Ward, who is currently confined in the Arizona State Prison Complex(ASPC)-Eyman, brought this civil rights action pursuant to 42 U.S.C. 1983. Defendants Correctional Officer (CO) Harris, Dr. Graham, and Corizon Healthcare (Corizon) move for summary judgment. (Docs. 72, 74.) Plaintiff was informed of his rights and obligations to respond pursuant to Rand v. Rowland, 154 F.3d 952 , 962 (9th Cir. 1998) (en banc) (Docs....
ORDER JAMES A. TEILBORG , Senior District Judge . Plaintiff Michael Lee Beitman, 1 who is confined in the Arizona State Prison Complex-Florence, South Unit, brought this pro se civil rights action under 42 U.S.C. 1983 against Correct Care Solutions (CCS), CCS employee Dr. Martin Gruenberg, Arizona Department of Corrections (ADC) Director Charles Ryan, and Corizon Health Inc. (Doc. 7.) 2 Before the Court is the Motion for Summary Judgment filed by CCS and Dr. Gruenberg, which Ryan and...
