REPORT AND RECOMMENDATION LYNNETTE C. KIMMINS , Magistrate Judge . Pending before the Court is Defendant's Motion to Suppress Statements. (Doc. 127.) The government filed a response (Doc. 131); Defendant replied (Doc. 134). This matter came before the Court for a hearing and a report and recommendation as a result of a referral, pursuant to LRCrim 57.6. Evidence and argument were heard on December 18, 2019. (Doc. 136.) This matter was submitted following oral argument at the conclusion of...
ORDER DOMINIC W. LANZA , District Judge . Pending before the Court is William Scott Lawler's motion to seal. (Doc. 38.) For the following reasons, that motion will be granted. On October 8, 2019, the Republic of Kazakhstan ("Kazakhstan") initiated this action by filing an application under 28 U.S.C. 1782 for a subpoena to compel Lawler to testify in, and produce certain evidence concerning, a pending international investor-state arbitration. (Doc. 1.) The Court granted a renewed motion...
ORDER DOMINIC W. LANZA , District Judge . Pending before the Court is the Republic of Kazakhstan's ("Kazakhstan") motion to seal. (Doc. 26.) In response to the Court's prior order (Doc. 30) and pursuant to LRCiv 5.6(e), Kazakhstan has resubmitted a redacted response to William Scott Lawler's motion to quash (Doc. 33). For the following reasons, the motion for leave to file under seal will be granted. On October 8, 2019, Kazakhstan initiated this action by filing an application under 28 U....
ORDER DOMINIC W. LANZA , District Judge . Pending before the Court is the motion to withdraw as counsel of record without client consent (Doc. 24) filed by Plaintiffs' counsel, Matthew Scott Martin and the Law Office of Matthew Scott Martin, LLC (together, "Counsel"). Local Rule 83.3(b) provides various procedural requirements that must be met when an attorney withdraws from representation of a client (except for a change of counsel within the same law office) and further provides that...
ORDER DOMINIC W. LANZA , District Judge . Pending before the Court is Plaintiff's "Motion to Strike Defendant's `Motion for Remand Pursuant to Sentence Four of 42 U.S.C. 405(g)'" (Doc. 26), which "requests that this Court strike the Commissioner's present motion, and either order that the Commissioner file a proper response brief according to this Court's rule or order that the Commissioner's motion be deemed the Commissioner's responding brief, and allow Clark to file a reply brief...
ORDER DOUGLAS L. RAYES , District Judge . Before the Court are Defendants' motions to dismiss counts 3 through 17, which are fully briefed. (Docs. 55, 57, 58, 62, 63.) For the following reasons, the Court will deny the motions. I. Background On April 23, 2019, the grand jury issued an indictment charging Defendants with one count of wire fraud conspiracy, one count of wire fraud, one count of identity theft conspiracy, seven counts of misuse of personal information with a telemarketing...
ORDER DAVID G. CAMPBELL , Senior District Judge . Plaintiff Thomas Joseph Norman, who is currently confined in the Arizona State Prison Complex-Eyman, brought this civil rights action pursuant to 42 U.S.C. 1983. Defendants Corizon Healthcare Inc. ("Corizon"), Connie Hawley, Milen Vitanov, 1 and Jeffrey Wight move for summary judgment. (Doc. 31.) 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) (...
ORDER ROSLYN O. SILVER , Senior District Judge . Magistrate Judge James F. Metcalf issued a Report and Recommendation ("R&R") recommending the Court find Petitioner Cardinal Micheaux Barnes procedurally defaulted all of his claims. Barnes filed objections to the R&R but, after de novo review, the R&R is correct and will be adopted. BACKGROUND In 2016, Petitioner pleaded guilty to one count of conspiracy to commit aggravated assault and was sentenced to 23.75 years. Petitioner filed a...
ORDER ROSLYN O. SILVER , Senior District Judge . Swift Transportation Company was entitled to deduct from Plaintiffs' pay no more than eight hours of time, per day, for time Plaintiffs were logged as "sleeper berth." In theory, that legal ruling should have allowed the parties to calculate the amount of damages due each Plaintiff. Unfortunately, Swift was not able to produce complete and accurate time records that would allow for a simple calculation of damages. But Swift did produce...
ORDER DAVID G. CAMPBELL , District Judge . This securities fraud class action is set for trial in January 2020. The parties filed nine motions to exclude expert testimony under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). The Court ruled on six of the motions in an earlier order. Doc. 674. This order addresses the remaining motions. I. Background. Defendant First Solar, Inc. produces photovoltaic solar panel modules. Its stock is...
ORDER ROSLYN O. SILVER , Senior District Judge . Plaintiff BRPS LLC believes Defendant Tenney Realty Services LLC is a "successor-in-interest" to a defunct entity. Years ago, BRPS's predecessor-in-interest obtained a judgment against that defunct entity and the present litigation is BRPS's attempt to hold Tenney Realty responsible for that judgment. Tenney Realty believes BRPS's attempt is barred by a four-year statute of limitations. BRPS argues a renewable ten-year limitations period...
ORDER DOMINIC W. LANZA , District Judge . The Arizona Board of Regents ("ABOR"), along with Arizona State University's ("ASU") Senior Vice President of Educational Outreach and Student Services James Rund, Chair of the University Hearing Board ("UHB") Craig Allen, UHB members Kathleen Lamp and Andrew Waldron, Senior Associate Dean of Students and Dean's Review Committee member Kendra Hunter, and Office of Student Rights and Responsibilities Senior Coordinator Tara Davis (collectively, "...
ORDER DOMINIC W. LANZA , District Judge . Pending before the Court is Defendants' motion for leave to file their summary judgment motion and exhibits thereto under seal (Doc. 80). For the reasons stated below, the motion is denied without prejudice. The public has a general right to inspect judicial records and documents, such that a party seeking to seal a judicial record must overcome "a strong presumption in favor of access." Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172 , 1178...
ORDER RANER C. COLLINS , District Judge . On October 17, 2019, Magistrate Judge Leslie A. Bowman issued a Report and Recommendation ("R&R") in which she recommended the Court dismiss Petitioner Troy Rainer Stinson's Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus by a Person in Federal Custody ("Petition"). (Doc. 25.) The R&R notified the parties they had fourteen (14) days from the date of the R&R to file any objections. No objections have been filed. The Court notes that the...
ORDER EILEEN S. WILLETT , Magistrate Judge . Pending before the Court is Petitioner's "Second Motion for Sanctions (Rule 11(b) & (c), Fed. R. Civ. Proc.)" (Doc. 31). Respondents concede that their Certificates of Service attached to certain filings contained an incorrect address for Petitioner. (Doc. 36 at 3-4). Petitioner contends that "the incorrect addresses were just a ruse & that Respondents did not send the filings to Petitioner, and accordingly premeditatedly in a concerted action...
ORDER DEATH PENALTY CASE STEVEN P. LOGAN , District Judge . Pending before the Court is Petitioner Patrick Wade Bearup's Motion to Amend. (Doc. 101.) Bearup, an Arizona death row inmate, seeks to amend three of the claims in his habeas petition and to raise three additional claims. He contends that amendment is appropriate based on evidence discovered after he filed his petition. First, Bearup learned that the Arizona Supreme Court performed its independent review of his death sentence...
ORDER JOHN J. TUCHI , District Judge . At issue is Plaintiff's Motion to Remand (Doc. 9, Mot.), to which Defendant GEICO Casualty Company ("GEICO") filed a Response (Doc. 10, Resp.) and Plaintiff filed a Reply (Doc. 12, Reply). For the reasons that follow, the Court grants Plaintiff's Motion and remands the case back to state court. I. BACKGROUND Plaintiff had an automobile insurance policy with GEICO. After Plaintiff sustained damage to his car, GEICO recommended Plaintiff get the...
ORDER RANER C. COLLINS , Senior District Judge . Pending before the Court is Defendant Scottsdale Community College's Partial Motion to Dismiss First Amended Complaint ("Motion"). (Doc. 36.) Plaintiff's First Amended Complaint ("FAC") alleges discrimination based on age and race; retaliation; hostile work environment; and a violation of 42 U.S.C. 1983. Defendant asks the Court to dismiss Plaintiff's discrimination and hostile work environment claims. Furthermore, Defendant asks the Court...
ORDER DOMINIC W. LANZA , District Judge . Pending before the Court is the motion for an award of attorneys' fees under 42 U.S.C. 406(b), submitted by Plaintiff's counsel, Mark Caldwell, which the Commissioner does not oppose. 1 (Doc. 24.) Caldwell submitted a memorandum in support of the motion (Doc. 25), attaching a "Notice of Award" from the Social Security Administration (Doc. 25-1), the client-attorney fee agreement (Doc. 25-2), and an itemization of services (Doc. 25-3). The...
DEATH PENALTY CASE ORDER JOHN C. COUGHENOUR , District Judge . The Court has before it two documents filed by Petitioner entitled "Petitioner's Renewed Motion to Proceed Pro Se" (Doc. 534) and "Demand for John C. Coughenour Immediate Recusal" (Doc. 535). Petitioner, however, is represented by counsel in this case and has no right to hybrid representation. Counsel has exclusive authority to act on behalf of Petitioner unless and until there is an order allowing counsel to withdraw. Counsel...
