ORDER BRIDGET S. BADE, United States Magistrate Judge. In this matter, Plaintiffs, the National Association for the Advancement of Multijurisdiction Practice (the NAAMJP), Allison Girvin (Girvin), Mark Anderson (Anderson), and Mark Kolman (Kolman), challenge Arizona Supreme Court Rule 34(f), which provides for admission on motion to the Arizona Bar (the AOM Rule). (Doc. 36.) Plaintiffs allege that Arizona's AOM Rule is unconstitutional because it allows admission on motion for attorneys...
ORDER JENNIFER G. ZIPPS, District Judge. This matter arises under the Employment Retirement Income Security Act of 1974 ("ERISA"). Plaintiff Daniel G. Demer appeals Defendant MetLife's denial of his application for long term disability benefits. The parties have filed the following cross motions for summary judgment and responses: Plaintiff's Motion for Summary Judgment (Doc. 28); Defendants' Response to Plaintiff's Motion for Summary Judgment and Defendants' Cross-Motion for Summary Judgment...
ORDER JAMES A. TEILBORG, Senior District Judge. Pending before the Court is Defendant Chartis Specialty Insurance Company f/k/a American International Specialty Lines Insurance Company's Motion to Dismiss Plaintiffs' Complaint (Doc. 24). The Court now rules on the motion. I. Background Plaintiffs filed this declaratory judgment action against Defendants, who are commercial insurers, to determine whether Defendants are obligated to indemnify their insureds against Plaintiffs' judgment for...
ORDER CINDY K. JORGENSON, District Judge. Pending before the Court is the Petition for Remission of Forfeiture by Innocent Third Party Mody Georgelos (Doc. 947). An evidentiary hearing was conducted on August 16, 2013, and the parties presented argument to the Court on August 20, 2013. Procedural History During the jury trial of Eusebio Arce-Padilla ("Arce-Padilla"), he voluntarily absented himself from the proceedings on July 17, 2012. On July 23, 2012, Arce-Padilla was convicted by a...
MEMORANDUM OF DECISION AND ORDER STEPHEN M. McNAMEE, Senior District Judge. Before the Court are several related motions: (1) Counter-defendant Travelers Casualty and Surety Company's Motion for Summary Judgment Re: Equitable Contribution (Doc. 80); (2) Defendant/Counter-claimant Employers Insurance Company of Wausau's Motion for Partial Summary Judgment (Doc. 83); (3) Counter-defendant Hartford Accident and Indemnity Company's Motion for Summary Judgment Re: Equitable Contribution (Doc....
ORDER G. MURRAY SNOW, District Judge. Pending before the Court is Plaintiff Deana Tuttle's Motion Regarding Standard of Review, (Doc. 23). For the reasons discussed below, the Motion is denied. BACKGROUND At issue in this case is an employee welfare plan's denial of an employee's claim for the reimbursement of medical payments. The crux of this Motion is to request the Court to apply a non-deferential standard to its review of that denial. Plaintiff Deana Tuttle is employed by Defendant...
ORDER ROSLYN O. SILVER, Senior District Judge. Defendants Joseph and Pauline Roesler move for summary judgment and the law firm of Levenbaum & Cohen moves for an award of attorneys' fees and costs. As set forth below, the Roeslers are entitled to summary judgment and Levenbaum & Cohen is entitled to its attorneys' fees and costs. BACKGROUND The parties disagree on the most basic of facts, making it difficult to set forth a clear and concise statement of the factual background. For...
ORDER LESLIE A. BOWMAN, Magistrate Judge. Pending before the court is a petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254, filed on July 2, 2012, by Wenceslao Cruz, an inmate confined in the Arizona State Prison Complex in Douglas, Arizona. (Doc. 1) Pursuant to the Rules of Practice of this Court, this matter was referred to Magistrate Judge Bowman for report and recommendation. The Magistrate Judge recommends the District Court, after its independent review of the record,...
ORDER RANER C. COLLINS, Chief District Judge. Before the Court is the May 29, 2013, Report and Recommendation (R&R) from Magistrate Judge D. Thomas Ferraro (Doc. 21) recommending that this court remand the case for further development of the record. 42 U.S.C. 405(g). Defendant timely filed objections to the R&R (Doc. 22), and the objections have been fully briefed. For the following reasons, this Court will adopt the R&R. I. BACKGROUND The factual and procedural background in this case is...
ORDER DAVID C. BURY, District Judge. On June 25, 2013, this Court denied in part and granted in part a Motion for Judgment on the Pleadings filed by the Arizona School of Acupuncture & Oriental Medicine (the School) and a Motion to Dismiss filed by the Accreditation Commission for Acupuncture & Oriental Medicine (the Commission). The Court set a deadline for the parties to complete discovery by October 1, 2013, to file dispositive motions by November 1, 2013, and file a pretrial order by...
ORDER ROBERT C. BROOMFIELD, Senior District Judge. Plaintiff Glenn Cornell Worley, an inmate confined by the Arizona Department of Corrections (ADC), filed this pro se civil rights action. (Doc. 8.) Defendant Fredrickson moves for summary judgment. 1 (Doc. 22.) Plaintiff opposes the motion. (Doc. 26.) The Court will grant the motion and terminate the case. I. Background In Count I of his First Amended Complaint, Plaintiff alleges that his Eighth Amendment rights were violated when Dr....
REPORT AND RECOMMENDATION BRUCE G. MACDONALD, Magistrate Judge. Currently pending before the Court is Petitioner Don Diago Francisco Glover's pro se Petition Under 28 U.S.C. 2241 For a Writ of Habeas Corpus by a Person in Federal Custody ("Petition") (Doc. 1). Respondent McClintock has filed her Answer and Response in Opposition to Petition for Writ of Habeas Corpus ("Response") (Doc. 8). Petitioner filed a Traverse (Doc. 13) and a Motion for Judgment on the Pleadings, Summary Judgment...
ORDER BRUCE G. MACDONALD, Magistrate Judge. Currently pending before the Court is Defendant' Motion to Remand (Doc. 19). A response has been filed, but no reply. Plaintiff brings this cause of action for review of the final decision of the Commissioner for Social Security pursuant to 42 U.S.C. 405(g). The United States Magistrate Judge has received the written consent of both parties, and presides over this case pursuant to 28 U.S.C. 636(c) and Rule 73, Federal Rules of Civil Procedure....
CASE MANAGEMENT ORDER STEPHEN M. McNAMEE, Senior District Judge. On September 9, 2013, a Preliminary Pretrial Conference was held in open Court pursuant to Rule 16(b) of the Federal Rules of Civil Procedure. Prior to the conference, the parties filed a Rule 26(f) Case Management Plan. Pursuant to the terms of the Case Management Plan, and the representations made by the parties at the Rule 16 Preliminary Pretrial Conference, all parties were ordered to comply with the deadlines established in...
ORDER DAVID G. CAMPBELL, District Judge. Appellant MV AZ, LLC ("MVAZ") appeals an order from the U.S. Bankruptcy Court for the District of Arizona confirming the First Amended and Restated Plan of Reorganization of Moon Valley Country Club. Doc. 1. Appellee Moon Valley Country Club ("MVCC") has moved to dismiss the appeal on mootness grounds. Doc. 27. The appeal and motion to dismiss are fully briefed. Docs. 31, 35, 40, 41, 47. For reasons set forth below, the Court will grant Appellee's...
ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Melissa Bernice Lee filed an application for Social Security disability insurance benefits in June 2009, alleging a disability onset date of October 2008. Her claim was denied initially and upon reconsideration, and she requested a hearing before an Administrative Law Judge ("ALJ"). The hearing was held in June 2011, and the ALJ denied Plaintiff's application. The Appeals Council denied Plaintiff's request for review, making the ALJ's...
DETENTION ORDER LAWRENCE O. ANDERSON, Magistrate Judge. In accordance with the Bail Reform Act, 18 U.S.C. 3142(f), a detention hearing was held on July 23, 2013. Defendant was present and was represented by counsel. I conclude by a preponderance of the evidence the Defendant is a serious flight risk and the detention of the Defendant pending trial is appropriate. FINDINGS OF FACT I find by a preponderance of the evidence that: [X] Defendant is not a citizen of the United States or...
DETENTION ORDER LAWRENCE O. ANDERSON, Magistrate Judge. In accordance with the Bail Reform Act, 18 U.S.C. 3142(f), a detention hearing was held on July 26, 2013. Defendant was present and was represented by counsel. I conclude by a preponderance of the evidence the Defendant is a serious flight risk and the detention of the Defendant pending trial is appropriate. FINDINGS OF FACT I find by a preponderance of the evidence that: [X] Defendant is not a citizen of the United States or...
DETENTION ORDER LAWRENCE O. ANDERSON, Magistrate Judge. In accordance with the Bail Reform Act, 18 U.S.C. 3142(f), a detention hearing was held on July 23, 2013. Defendant was present and was represented by counsel. I conclude by a preponderance of the evidence the Defendant is a serious flight risk and the detention of the Defendant pending trial is appropriate. FINDINGS OF FACT I find by a preponderance of the evidence that: [X] Defendant is not a citizen of the United States or...
DETENTION ORDER LAWRENCE O. ANDERSON, Magistrate Judge. In accordance with the Bail Reform Act, 18 U.S.C. 3142(f), a detention hearing was held on July 25, 2013. Defendant was present and was represented by counsel. I conclude by a preponderance of the evidence the Defendant is a serious flight risk and the detention of the Defendant pending trial is appropriate. FINDINGS OF FACT I find by a preponderance of the evidence that: [X] Defendant is not a citizen of the United States or...
