ORDER AND OPINION JOHN W. SEDWICK, District Judge. I. MOTIONS PRESENTED Defendant Stacey Harrish ("Harrish") filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure at docket 5 in Tucson Case No. 4:12-cv-00661 ("Tucson Case"), which Harrish and Defendant IDS Property Casualty Insurance Company ("IDS"; collectively "Defendants") removed from Pima County Superior Court. In the motion to dismiss, Harrish argues that she was an improperly named party against...
ORDER LAWRENCE O. ANDERSON, United States Magistrate Judge. This action comes before the Court on Defendants' second Rule 12(b)(6), Federal Rules of Civil Procedure ("Fed.R.Civ.P."), Motion to Dismiss Plaintiff's First Amended Complaint. 1 (Doc. 51) Defendants contend Plaintiff's Amended Verified Complaint ("AVC"), doc. 53, fails to state a claim upon which relief may be granted. (Doc. 51) On July 19, 2012, the Court granted Plaintiff's Motion for Leave to Amend Plaintiff's Complaint, which...
ORDER CINDY K. JORGENSON, District Judge. Pending before the Court are two motions. Defendant U.S. Bank Home Mortgage ("USB"), filed a Motion to Dismiss on April 13, 2012. (Doc. 8). Defendant Trans Union LLC, ("TransUnion") filed a Motion to Dismiss Plaintiff's Complaint under Rule 4(m) or in the Alternative Motion to Dismiss under Rule 12(b)(6) for Failure to State a Claim on April 30, 2012. (Doc. 12). Defendant Experian Information Solutions, Inc. ("Experian") filed an Answer (Doc. 22) on...
ORDER JAMES A. TEILBORG, District Judge. Pending before the Court is Defendant Brooks' Motion to Suppress Evidence Obtained from Pole Camera Surveillance. (Doc. 123). On October 31, 2012 at 1:00 p.m. and November 5, 2012 at 9:00 a.m., this Court held an evidentiary hearing on the Motion to Suppress. The Court now rules on the Motion. I. BACKGROUND In March 2011, Special Agents and Task Force Officers of the DEA began an investigation into a Jamaican Drug Trafficking Organization ("DTO")....
ORDER G. MURRAY SNOW, District Judge. Pending before the Court is Defendant Lisa Borodkin's Motion to Dismiss (Doc. 102) Xcentric's Verified First Amended Complaint (Doc. 55). For the reasons stated below, the Motion is granted. 1 FACTUAL BACKGROUND Plaintiff Xcentric Ventures, LLC is an Arizona company that operates the website www.ripoffreport.com ("Ripoff Report"). As its name suggests, Ripoff Report is an online forum where users can read and post messages about businesses that...
ORDER G. MURRAY SNOW, District Judge. Several motions relating to insurance coverage are pending before the Court. This order attempts to dispose of all such motions. The motions resolved by this order are more specifically identified below. 1 FACTUAL BACKGROUND The parties to this case are engaged in an insurance coverage dispute brought in this Court by various insurers. Some of the Defendants to this action 2 (the "Underlying Plaintiffs") have filed eight separate complaints in...
ORDER FREDERICK J. MARTONE, District Judge. We have before us St. Joseph's opening brief and Appendix (doc. 12), Bashas' responsive brief (doc. 14), St. Joseph's reply brief (doc. 16), Bashas' motion to dismiss interlocutory appeal (doc. 10), St. Joseph's response (doc. 13), and Bashas' reply (doc. 15). I This case is back. On March 27, 2012, we affirmed the bankruptcy court's order disallowing St. Joseph's claim because Bashas' charitable pledge was not supported by consideration, St....
ORDER AND FINDINGS OF FACT AND CONCLUSIONS OF LAW NEIL V. WAKE, District Judge. TABLE OF CONTENTS I. BACKGROUND.......................................................................873 A. The Challenged Arizona Act...................................................873 B. The Medicaid Program.........................................................874 1. Freedom of Choice Provision..............................................874 2. Waivers for Demonstration Projects .....................
ORDER AND OPINION JOHN W. SEDWICK, District Judge. I. MOTION PRESENTED At docket 292, plaintiffs Sandpiper Resorts Development Corporation ("Sandpiper") and Dourian Foster Investments ("Dourian Foster": collectively "plaintiffs") move pursuant to Federal Rule of Civil Procedure 55(b)(2) for default judgment against defendants Global Realty Investments, LLC ("Global"); Caroline Hartman-Altenbernd ("Hartman") and her husband Kelly Altenbernd; and Toscana Developers, LLC ("Toscana Developers")....
ORDER JAMES A. TEILBORG, District Judge. Pending before the Court are the parties' cross-motions for summary judgment. Plaintiffs and counterdefendants Aviva USA Corporation ("AUSA") and Aviva Brands Limited ("ABL", and together with AUSA, "Aviva") have moved for summary judgment on their federal and state trademark infringement and unfair competition claims and on their cybersquatting claim. Defendants Anil Vazirani, Vazirani & Associates Financial, LLC ("VAF"), Secured Financial...
OPINION AND ORDER ROBERT E. JONES, District Judge. In this insurance coverage dispute, plaintiff Enterprising Solutions, Inc., dba Sunwest Employer Services, filed this action against defendant National Union Fire Insurance Company in Arizona state court, alleging claims for declaratory relief, breach of contract, and breach of the implied covenant of good faith and fair dealing. Defendant removed the action to federal court on the basis of diversity jurisdiction. The action is now before...
ORDER G. MURRAY SNOW, District Judge. Pending before the Court are Defendants' Motion for Summary Judgment (Doc. 86) and Plaintiff's Motion for Partial Summary Judgment (Doc. 88). For the reasons discussed below, Defendants' motion is granted in part and denied in part and Plaintiff's motion is granted in part and denied in part. Judgment is entered on all Plaintiff's claims. BACKGROUND Plaintiff Jim Kanelos is a resident of Mohave County and a member of the Western States Constitutionalist...
ORDER JAMES A. TEILBORG, District Judge. Pending before the Court are: (1) Defendant Praetorian's Motion to Dismiss or Stay Proceedings and Compel Arbitration (Doc. 11); (2) Defendant QBE Insurance Group Ltd's Motion to Dismiss (Doc. 16); (3) Plaintiff's Motion to Stay Arbitration (Doc. 34); and (4) Defendant Aon Benfield, Inc.'s Motion to Dismiss, or in the Alternative Motion to Stay (Doc. 40). The Court now rules on the Motions. I. BACKGROUND On February 23, 2012, Plaintiff Repwest...
ORDER NEIL V. WAKE, District Judge. Before the Court is RadioLink's and Randy Power's Motion for Rule 11 Sanctions (Doc. 226). For purposes of this order, RadioLink and Randy Power will be referred to collectively as "RadioLink," unless the context requires otherwise. For the reasons discussed below, RadioLink's motion will be granted. I. BACKGROUND A. Genesis of This Dispute In 1998, Telesaurus (a Delaware limited liability company, whose name has since been changed to Verde Systems) and...
ORDER JAMES A. TEILBORG, District Judge. "Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691 , 693 (7 th Cir. 2003). In this case, the notice of removal fails to sufficiently plead jurisdiction. See 28 U.S.C. 1332; Hertz Corp. v. Friend, 130 S.Ct. 1181 , 1192; ___ U.S. ___ (2010) (discussing the citizenship of corporations). Accordingly, IT IS ORDERED that by August...
ORDER JAMES A. TEILBORG, District Judge. On May 7, 2012, Defendants filed a motion to dismiss (Doc. 29). Plaintiffs failed to timely respond. After their time to respond expired, Plaintiffs moved for an extension of time. The Court granted that motion and issued the following Order: On May 7, 2012, Defendants filed a motion to dismiss this case. After the deadline to respond expired, Plaintiffs move for an extension of time to respond. The Court will grant the motion; however, if Plaintiffs...
ORDER NEIL V. WAKE, District Judge. Before the Court are Defendants' Motion to Dismiss Complaint with Prejudice (Doc. 16), Specially Appearing Defendant Interval Leisure Group, Inc.'s Motion to Dismiss Complaint for Lack of Personal Jurisdiction (Doc. 17), and Defendants' Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) (Doc. 18). Defendants move this Court to dismiss Plaintiff's action on the basis that it was filed in an improper forum, or, alternatively, for failure to state a...
ORDER NEIL V. WAKE, District Judge. Before the Court are Defendants' Motion to Dismiss Complaint with Prejudice (Doc. 16), Specially Appearing Defendant Interval Leisure Group, Inc.'s Motion to Dismiss Complaint for Lack of Personal Jurisdiction (Doc. 17), and Defendants' Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) (Doc. 18). Defendants move this Court to dismiss Plaintiff's action on the basis that it was filed in an improper forum, or, alternatively, for failure to state a...
AMENDED ORDER CINDY K. JORGENSON, District Judge. The Court issued an Order on August 9, 2012, in this matter. See Doc. 448. The Court will direct the Clerk of the Court to vacate that Order; this Order amends Doc. 448. Pending before the Court is Defendant's Motion for Release on Bond Pending Appeal (Doc. 443). The government has filed a response and Defendant has filed a reply. Defendant Chris Nero ("Nero") requests this Court to allow him to remain out of custody pending appeal. The...
ORDER CINDY K. JORGENSON, District Judge. Pending before the Court is Defendant's Motion for Release on Bond Pending Appeal (Doc. 443). The government has filed a response and Defendant has filed a reply. Defendant Chris Nero ("Nero") requests this Court to allow him to remain out of custody pending appeal. The applicable statute provides, inter alia : (1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and...
