SEALED ORDER ROSLYN O. SILVER, District Judge. Before the Court is Defendants' Motion for Partial Summary Judgment, which will be granted in part. (Doc. 564). BACKGROUND Plaintiffs filed an Amended Complaint alleging patent infringement, misappropriation of trade secrets in violation of the Arizona Uniform Trade Secrets Act ("AUTSA"), A.R.S. 44-401 et seq., unfair competition, unjust enrichment, tortious interference with contractual relationship or business expectation, breach of...
ORDER DAVID C. BURY, District Judge. This matter comes before the Court on Defendants' Motion for Summary Judgment and Plaintiffs' Cross Motion for Partial Summary Judgment. The Court has considered all of the documents filed in support of and in opposition to the motions, as well as oral argument conducted on October 26, 2010. OVERVIEW This lawsuit arises from a homeowners insurance claim that was reported to Allstate by the insured, Plaintiff Juan Echanove. Plaintiff experienced...
ORDER MARY H. MURGUIA, District Judge. Currently before the Court is Defendants' Motion to Compel Arbitration (Doc. 17), Plaintiff's Cross-Motion for a Partial Summary Judgment Declaring Defendants' Arbitration Clauses Unenforceable (Doc. 19), and Defendants' Motion to Transfer Venue (Doc. 31). Having considered these motions and their accompanying papers and determined that oral argument is unnecessary, the Court issues the following Order. I. Background Ms. Fay, a 63-year-old retired...
ORDER CINDY K. JORGENSON, District Judge. On November 23, 2010, Magistrate Judge Charles R. Pyle issued a Report and Recommendation [Doc. 51] in which he granted Defendant Trujillo's Motion to Suppress Evidence (No Reasonable Suspicion or Probable Cause) [Doc. 26], finding that "the officers did not have the requisite reasonable suspicion to stop [Defendants'] vehicle." 1 R & R [Doc. 51] at 20. No objections have been filed within the time provided by 28 U.S.C. 636(b)(1). Further,...
ORDER G. MURRAY SNOW, District Judge. Currently pending before the Court is Debtor Jake's Granite Supplies, LLC ("Jake's") Appeal from the Arizona Bankruptcy Court's grant of summary judgment, entered October 26, 2009, in favor of Appellees, dismissing Jake's claims for breach of contract, negligent misrepresentation, and promissory estoppel. (Doc. 19, Ex. N). Appellants also seek review of the Bankruptcy Court's Second Amended Final Judgment (Doc. 17, Ex. C), entered January 25, 2010,...
I ORDER FREDERICK J. MARTONE, District Judge. The issue presented is whether Arizona's Uninsured/Underinsured Motorist Act, A.R.S. 20-259.01, permits an insurer to reduce underinsured motorist (UIM) coverage by the amount paid under a medical expense coverage provision in the same automobile insurance policy. We have before us plaintiffs' motion to certify a class (doc. 34), defendants' response (doc. 68), plaintiffs' reply (doc. 73); plaintiffs' motion for summary judgment (doc. 35),...
ORDER G. MURRAY SNOW, District Judge. Several motions to dismiss are pending before the Court. First, the Defendants in this action move to dismiss the Amended Complaints filed by Allstate Life Insurance Company and the Class Action Plaintiffs (collectively "Plaintiffs"). ( See Doc. 157-59, 164-65). Defendants then move to dismiss the Counterclaim filed by Counter-Complainant Wells Fargo Bank, N.A. ( See Doc. 170, 173-74, 177). As set forth below, the Motions to Dismiss are granted in part...
MEMORANDUM OF DECISION AND ORDER STEPHEN M. McNAMEE, District Judge. Before the Court is Plaintiff Diana Rause's Motion for Partial Summary Judgment arguing that Defendants Paperchine, Inc. and Abitibi Consolidated Sales Corp. owed non-delegable duties to Plaintiff, and that Defendants retained sufficient control of safety on the worksite to lead to liability for decedent Johnny Mendoza, Jr.'s death (Doc. 135). Additionally, Paperchine and Abitibi each bring Cross-Motions for Partial Summary...
ORDER G. MURRAY SNOW, District Judge. Two motions for summary judgment are pending before the Court: one filed by Defendants, (Doc. 179), and one filed by Plaintiffs, (Doc. 181). For the following reasons, the Court denies Defendants' motion and grants Plaintiffs' motion in part and denies it in part. BACKGROUND This case results from the consolidation of two matters, each with multiple Plaintiffs. In total, Plaintiffs are a group of United States citizens or legal permanent residents who...
ORDER DAVID G. CAMPBELL, District Judge. In June of 2007, Plaintiff executed a promissory note and a deed of trust as part of a mortgage loan he obtained on real property located in Litchfield Park, Arizona. The loan documents list Defendant National Bank of Arizona as lender and trustee. Doc. 1-3 at 38. On March 11, 2010, Defendant Christopher R. Perry was named as successor trustee. Doc. 1-3 at 33. On March 23, Mr. Perry filed a notice of trustee's sale of Plaintiff's property. Doc. 1-3 at...
ORDER MARY H. MURGUIA, District Judge. On June 30, 2009, Plaintiff, who is confined in the Arizona State Prison Complex-Meadows in Florence, Arizona, filed a pro se civil rights Complaint; he paid the filing fee on August 3, 2009. (Doc. 1, 6.) Plaintiff's Complaint raised multiple claims, including claims under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) against Eurofresh Farms, Inc. (Eurofresh) and various State Defendants—the State of Arizona, the Arizona...
ORDER JAMES A. TEILBORG, District Judge. Pending before the Court are: (1) Defendant Baja, Inc.'s Motion to File Exhibit Under Seal (Doc. 12); and (2) Defendant Rural King Holding Company's Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(2) for lack of personal jurisdiction (Doc. 39). The Court has reviewed the pleadings, briefs, declarations and exhibits submitted by the parties. For the reasons cited herein, the Court grants Defendant Baja, Inc.'s Motion to File Exhibit Under Seal and...
ORDER JAMES A. TEILBORG, District Judge. I. Procedural History In 2007, this Court granted summary judgment to Defendant. Plaintiffs appealed. This case was argued before the Ninth Circuit Court of Appeals. Following argument, the Court of Appeals issued a limited remand for this Court to make factual findings to determine its jurisdiction to hear the case. Specifically, the Court of Appeals held that based on the case of John R. Sand & Gravel Co. v. United States, 552 U.S. 130, 128 S.Ct....
ORDER AND OPINION JOHN W. SEDWICK, District Judge. I. MOTIONS PRESENTED At docket 22, defendants Governor Janice K. Brewer, David Raber, and Kathy Peckhardt (collectively "the State") move to dismiss the amended complaint filed by plaintiffs Tracy Collins, Keith B. Humphrey, Joseph R. Diaz, Judith McDaniel, 1 Beverly Seckinger, Stephen Russell, Deanna Pfleger, Corey Seemiller, Carrie Sperling, and Leslie Kemp (collectively "plaintiffs"). At docket 23, plaintiffs oppose the motion. The...
ORDER JAMES A. TEILBORG, District Judge. Pending before this Court is Plaintiff's Motion for Award of Attorneys' Fees (Doc. # 16). For the reasons that follow, the Court grants Plaintiff's motion. I. PROCEDURAL HISTORY Plaintiff filed this action seeking damages under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692. On January 13, 2010, Defendant made an Offer of Judgment, that Plaintiff accepted. As a result, the Clerk of the Court entered judgment in favor of Plaintiff...
ORDER DAVID C. BURY, District Judge. The Court denies Plaintiff's Motion to Strike (doc. 94) new arguments and additional facts from Defendant's Reply as moot. The Court's decision is not based on any of the challenged arguments or facts. The Court grants the Defendant's Motion for Summary Judgment (doc. 80). Plaintiff's Complaint Plaintiff began working for Raytheon in Honolulu, Hawaii, in 2001. He had a "Secret" security clearance and at all times performed well with annual performance...
ORDER DAVID G. CAMPBELL, District Judge. Defendant Elisa Rojas-Cuadra has filed a motion to suppress evidence derived from a wiretap for failure to establish necessity. Dkt. # 145. The motion is fully briefed. Dkt. ## 182, 196. Several Defendants have joined in the motion. Dkt. ## 158, 164, 126, 185. The Court heard oral argument on May 26, 2010. Based on the arguments made by counsel for Defendants, the Court will construe this motion as a motion to suppress and for a hearing pursuant to...
ORDER G. MURRAY SNOW, District Judge. Four motions are pending before the Court:(1) Defendant Maynard L. Jenkins's ("Jenkins" or "Defendant") Motion to Dismiss (Dkt. #17), (2) Plaintiff Securities and Exchange Commission's ("SEC" or "Plaintiff") Motion for Ruling Regarding Request for Judicial Notice (Dkt. #24), (3) the SEC's Motion for Leave to File a Response to Defendant's Notice of Supplemental Authority (Dkt. #33), and (4) the SEC's Motion for Leave to File [a] Reply to Defendant's...
ORDER CINDY K. JORGENSON, District Judge. On January 13, 2010, Magistrate Judge Charles R. Pyle issued a Report and Recommendation [Doc. # 78] in which he recommended that this Court deny the Motion for Partial Summary Judgment [Doc. # 11] filed by Plaintiff Ventana Medical Systems, Inc. ("Ventana"), grant the Motion for Summary Judgment [Doc. # 37] filed by Defendant St. Paul Fire & Marine Insurance Company ("St. Paul"), deny Ventana's Requests for Judicial Notice [Doc. # s and 63], deny St....
ORDER LAWRENCE O. ANDERSON, United States Magistrate Judge. Whenever a man does a thoroughly stupid thing, it is always from the noblest motives. 1 This matter is before the Court on Defendant's Request for Dismissal of Complaint, Discharge of Defendant pursuant to Fed.R.Crim.P. 5.1(f). (docket # 22) Defendant argues that the Government has not established probable cause that Defendant committed the crime of Interstate Stalking in violation of 18 U.S.C. 2261A. The Court has reviewed the...
