ORDER ROBERT C. BROOMFIELD, Senior District Judge. Nearly five years ago, petitioner, the Equal Employment Opportunity Commission ("EEOC"), issued its first administrative subpoena to respondent, Bashas', Inc., attempting to obtain personnel data, including wage information pertaining to Bashas' employees. See Resp.'s exh. 114. 1 Since then the EEOC has served Bashas' with, inter alia, three more administrative subpoenas. Pet.'s exhs. 1, 3, and 10. These subpoenas are part of the EEOC's "...
ORDER DAVID C. BURY, District Judge. Pending before the Court is Plaintiffs' Motion for Summary Judgment and Injunctive Relief. (Doc. 39.) The Court heard oral argument on September 12, 2011 and took the matter under advisement. The Court now rules. HISTORICAL BACKGROUND Section 7(a)(1) of the Endangered Species Act (ESA) mandates that all federal agencies utilize their authorities to carry out programs for the conservation of endangered and threatened species listed pursuant to section...
ORDER NEIL V. WAKE, District Judge. I. Background..................................................................1014 II. PersonalJurisdiction ......................................................1017 III. Arbitration................................................................1018 A. Defendants Sly and Brian Sly & Company..................................1019 1. Trustee Standing.....................................................1019 2. Post-Filing Buy-In to the Arbitration Clause........
ORDER ROBERT CLIVE JONES, District Judge. Currently before the Court are Defendant IASIS Healthcare Corporation's ("IASIS" or "Defendant") Motion for Return of Documents Preliminary to Further Briefing (# 134); Plaintiff Jerre Frazier's ("Frazier" or "Plaintiff") Motion to Transfer Venue (# 137); Plaintiff's Motion to Seal Portions of Declaration of Colette G. Matzzie (# 138); Plaintiff's Motion to File a Supplemental Declaration of Colette G. Matzzie in Support of Motion to Transfer Venue (#...
ORDER TIM LEONARD, District Judge. On May 11, 2010, plaintiff filed this action seeking damages for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692-1692p. The original complaint alleged defendant violated the Act by threatening to take action it did not intend to take and by falsely representing the character, amount, or legal status of the alleged debt. On January 11, 2011, plaintiff filed an amended complaint, which added allegations that defendant also...
MEMORANDUM ORDER A. WALLACE TASHIMA, Circuit Judge. Peggy J. Beaston ("Plaintiff") brings this action against The Sundt Companies ("Sundt"), Carol W. Peabody, a member of the Sundt ESOP Advisory Committee ("Peabody"), and the Sundt Companies ESOP Committee (the "Committee"). (The defendants, collectively, are hereinafter referred to as "Defendants.") Plaintiff alleges discrimination, breach of fiduciary and cofiduciary duty, fraud, and misrepresentation by Defendants, giving rise to a cause...
MEMORANDUM OPINION AND ORDER REGARDING POST-TRIAL MOTIONS MARK W. BENNETT, District Judge. TABLE OF CONTENTS I. INTRODUCTION ............................................................1027 A. Factual Background ...............................................1027 B. Procedural Background ............................................1028 II. ASARCO'S MOTION FOR JUDGMENT AS A MATTER OF LAW ........................1030 A. Applicable Standards .............................................1030 B....
REPORT AND RECOMMENDATION MICHELLE H. BURNS, Magistrate Judge. TO THE HONORABLE FREDERICK J. MARTONE, UNITED STATES DISTRICT JUDGE: Petitioner Edward James Barger, who is confined in the Arizona State Prison Complex-Florence in Florence, Arizona, has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (Doc. 1). Respondents filed an Answer on June 8, 2011 (Doc. 15). Despite having an opportunity to do so, Petitioner has not filed a reply. BACKGROUND In June of...
ORDER G. MURRAY SNOW, District Judge. Pending before the Court are Defendants' Motion for Summary Judgment (Doc. 413), Plaintiffs' Renewed Motion for Class Certification (Doc. 420), Plaintiffs' Motion for Partial Summary Judgment (Doc. 421), and Defendants' Motion for Leave to File Sur-Reply. (Doc. 469). At oral arguments on December 22, 2011, Plaintiffs moved for summary judgment on Ortega-Melendres's Fourth Amendment claims. (Doc. 490). For the reasons stated below, Defendants' motion for...
ORDER JAMES A. TEILBORG, District Judge. Currently pending before the Court are Defendants' Motion to Dismiss (Doc. 12) and Plaintiffs' Motion to Strike (Doc. 16). The Court now rules on the Motions. I. BACKGROUND Plaintiff Five Points Hotel Partnership ("Five Points") is an Arizona general partnership that owned a Holiday Inn in Casa Grande Arizona (the "Hotel"). Plaintiff Paragon Hotel Corporation ("Paragon," collectively with Five Points, "Plaintiffs") is the managing general partner...
ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION NEIL V. WAKE, District Judge. This matter is before the Court for consideration of Plaintiff Donald Edward Beaty's emergency motion for a temporary restraining order or a preliminary injunction. (Doc. 1.) Plaintiff Beaty, an Arizona inmate under sentence of death, is scheduled to be executed today, May 25, 2011, at 10:00 a.m. Yesterday, May 24, 2011, at 9:05 p.m., he filed in this Court the instant motion. 1...
OPINION AND ORDER ROBERT E. JONES, District Judge. Plaintiff brings this action against defendants Scottsdale Healthcare Corp. Health Plan, Plan Administrator of the Scottsdale Healthcare Corp. Health Plan, and Scottsdale Healthcare Corp., alleging claims for breach of contract, recovery of benefits, and enforcement of rights under various provisions of the Employment Retirement Income Security Act ("ERISA") and under the terms of the Scottsdale Healthcare Corp. Health Plan. The case is now...
FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER NEIL V. WAKE, District Judge. Plaintiff is before the Court seeking de novo review, pursuant to 8 U.S.C. 1421(c), of the March 9, 2010 decision of the United States Customs and Immigration Services ("USCIS") denying his application for naturalization. The Court conducted an evidentiary hearing on Plaintiff's application on January 26 and 27, 2011. This order states the Court's findings of fact and conclusions of law pursuant to Rule 52(a) of...
OPINION AND ORDER ROBERT E. JONES, District Judge. Plaintiff brings this action against defendants Scottsdale Healthcare Corp. Health Plan, Plan Administrator of the Scottsdale Healthcare Corp. Health Plan, and Scottsdale Healthcare Corp., alleging claims for breach of contract, recovery of benefits, and enforcement of rights under various provisions of the Employment Retirement Income Security Act and under the terms of the Scottsdale Healthcare Corp. Health Plan. Plaintiff styles the action...
ORDER DAVID G. CAMPBELL, District Judge. Plaintiff NeXedge, LLC holds U.S. Patent 7,205,643 (Asserted Patent). Defendants Freescale Semiconductor, Inc. and Everspin Technologies, Inc. manufacture and sell magnetoresistive random access memory (MRAM) products. Plaintiff filed a claim in this Court on February 17, 2011, alleging that Defendants are using production methods that infringe on the Asserted Patent. Doc. 1. On June 16, 2011, Defendant Everspin filed a request for inter partes...
ORDER LAWRENCE O. ANDERSON, United States Magistrate Judge. This case arises on the Motion of Defendants Scottsdale Plaza Resort, LLC; Rick and Sharon Frinkler, husband and wife; and Dawson Employee Benefits, LLC ("Defendants") to Dismiss Case And/Or Stay Proceedings and Compel Arbitration. (Doc. 24) Plaintiffs Aurora and Jonathon Coup ("Plaintiffs") filed their opposition to the Motion to which Defendants replied. (Docs. 28, 29) Upon Plaintiffs' request, the Court authorized a surreply to...
ORDER PAUL G. ROSENBLATT, District Judge. Before the Court are the parties' motions for summary judgment. (Docs. 51, 63.) Plaintiffs, The Wilderness Society and other environmental groups, challenge Resource Management Plans ("RMPs") drafted by the Bureau of Land Management ("BLM") for the Grand Canyon-Parashant and Vermillion Cliffs National Monuments, an area encompassing 1.3 million acres in the Arizona Strip District in northern Arizona. 1 Plaintiffs filed an amended complaint on May 1,...
ORDER FREDERICK J. MARTONE, District Judge. The court has before it plaintiff Randolph Wolfson's motion for summary judgment (doc. 69), defendant Chief Counsel of the State Bar of Arizona's ("Bar Counsel") response (doc. 84), defendant Arizona Commission on Judicial Conduct's (the "Commission Members") response (doc. 86), and Wolfson's reply (doc. 92). We also have before us the Commission Members' motion for summary judgment (doc. 71), Bar Counsel's motion for summary judgment (doc. 75),...
ORDER G. MURRAY SNOW, District Judge. Pending before this Court are Plaintiffs' Motion for Preliminary Injunction and Plaintiff-Intervenors' Motion for Preliminary Injunction. (Docs. 14, 77). For the reasons stated below, Plaintiff-Intervenors' Motion is granted and Plaintiffs' Motion is dismissed as moot. BACKGROUND An employee in the state of Arizona may authorize his or her employer to withhold certain amounts from the employee's pay and to transfer those funds to a separate entity....
MEMORANDUM OPINION & ORDER JOSEPH R. GOODWIN, Chief Judge. Pending before the court is the defendant GEICO's Motion for Summary Judgment [Docket 52]. For the reasons explained below, the Motion is GRANTED. I. Factual Background This case arises out of an automobile accident that occurred on February 19, 2005, in which an underinsured motorist collided with the plaintiff, Cecilia Gregorio. Prior to 2002, Ms. Gregorio carried a primary automobile insurance policy from GEICO for bodily...
