Az Sourcing LLC et al v. United States of America
Court Docket Sheet

District of Arizona

2:2015-cv-02374 (azd)

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1
11/20/2015
COMPLAINT/ Emergency Motion to Return Seized Property Pursuant to Federal Rule of Criminal Procedure 41(g). Filing fee received: $400.00, receipt number 0970-12358789 filed by Phoenix Mart LLC, AZ Sourcing LLC. (submitted by Ian Fischer)
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Exhibit
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Exhibit
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Exhibit
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Exhibit
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Text of Proposed Order)(REK
5 Attachments
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11/20/2015
Corporate Disclosure Statement by AZ Sourcing LLC, Phoenix Mart LLC. (submitted by Ian Fischer)
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11/20/2015
NOTICE OF ASSIGNMENT:
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11/20/2015
NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Phoenix Mart LLC, AZ Sourcing LLC. Required document is not attached. FOLLOW-UP ACTION REQUIRED: Please file Automated Civil Cover Sheet using the event Other Notice. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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11/20/2015
MINUTE ORDER: This case is reassigned to Judge G Murray Snow added. All future filings shall reflect the following case number: CV-15-2374-PHX-GMS. Pending: Emergency Motion to Return Seized Property, Doc. 1. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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11/20/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Emergency Motion Hearing held on 11/20/2015. Status Conference re: return of servers is set for 11/23/2015 at 09:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. (Court Reporter Patricia Lyons.) Hearing held 4:14 PM to 4:24 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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11/20/2015
MINUTE ORDER: The minute order issued this date assigning this case to Judge Snow is vacated. This case is assigned to Judge David G Campbell. All future filings shall reflect the following case number: CV-15-2374-PHX-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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11/20/2015
NOTICE re: Civil Cover Sheet by AZ Sourcing LLC, Phoenix Mart LLC.
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11/23/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Status Conference held on 11/23/2015. Defendant informs the Court that 5 of 6 servers will be returned by the end of the day today to plaintiffs. Remaining server will be returned upon completion of the transfer of information. Court will hold the motion in abeyance. Parties to contact the Court if issues arise. If matter resolved, plaintiff to notify the Court. APPEARANCES: Ian Fischer for Plaintiffs. Fred Battista, Kevin Rapp, Bridget Minder, Agent Robert Meshinsky for Defendant (Court Reporter Elaine Cropper.) Hearing held 9:05 AM to 9:14 AM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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11/25/2015
NOTICE re: NOTICE REGARDING STATUS by AZ Sourcing LLC re: 9 Status Conference, Common Prompts (Text Only).
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12/03/2015
Emergency MOTION to Return Seized Property Pursuant to Federal Rule of Criminal Procedure 41(g) by AZ Sourcing LLC, Phoenix Mart LLC.
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Exhibit 1
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Exhibit 2
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Text of Proposed Order
3 Attachments
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12/03/2015
ORDER, Hearing set as to 11 Emergency MOTION to Return Seized Property Pursuant to Federal Rule of Criminal Procedure 41(g): Motion Hearing set for 12/4/2015 at 11:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 12/3/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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12/03/2015
NOTICE of Appearance by Frederick A Battista on behalf of United States of America.
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12/04/2015
RESPONSE to Motion re: 11 Emergency MOTION to Return Seized Property Pursuant to Federal Rule of Criminal Procedure 41(g) filed by United States of America.
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12/04/2015
MOTION to Seal Document Supplement to Response to Emergency Motion to Return Seized Property by United States of America.
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Text of Proposed Order
1 Attachment
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12/04/2015
* Moot per Chambers - SEALED LODGED Proposed Supplement to Repsonse to Emergency Motion to Return Seized Property re: 15 MOTION to Seal Document Supplement to Response to Emergency Motion to Return Seized Property. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by United States of America. Modified on 12/7/2015
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12/04/2015
* (Filed at Doc. 25) SEALED LODGED Proposed (Additional Attachment to 16) Exhibit 1 re: 15 MOTION to Seal Document Supplement to Response to Emergency Motion to Return Seized Property. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by United States of America. Modified on 12/7/2015
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12/04/2015
REPLY to Response to Motion re: 11 Emergency MOTION to Return Seized Property Pursuant to Federal Rule of Criminal Procedure 41(g) filed by AZ Sourcing LLC, Phoenix Mart LLC.
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12/04/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 12/4/2015. Re: 11 Emergency MOTION to Return Seized Property Pursuant to Federal Rule of Criminal Procedure 41(g) filed by Phoenix Mart LLC, AZ Sourcing LLC. Discussion held. Parties agree to reconvene this afternoon to give the parties an opportunity to work on resolution. APPEARANCES: Ian Fischer and Dan Goldfine for Plaintiffs. Fred Battista, Ray Woo, Agent Kyle Armstrong for Defendant Telephonic Motion Hearing is reset for 12/4/2015 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. (Court Reporter Patricia Lyons.) Hearing held 11:03 AM to 11:36 AM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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12/04/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Continued Telephonic Hearing held on 12/4/2015 re: 11 Emergency Motion to Return Seized Property Pursuant to Federal Rule of Criminal Procedure 41(g). Discussion held. The Court will issue its ruling regarding said motion. APPEARANCES: Ian Fischer [telephonically] for Plaintiffs. Fred Battista [telephonically] and Raymond Woo [telephonically] for Defendant (Court Reporter Patricia Lyons) Hearing held 3:32 PM to 3:40 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
21
12/04/2015
MOTION to Seal Document Amended Supplement to Response to Emergency Motion to Return Seized Property by United States of America.
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Text of Proposed Order
1 Attachment
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12/04/2015
* (Filed at Doc. 25) SEALED LODGED Proposed Amended Exhibit 1 re: 21 MOTION to Seal Document Amended Supplement to Response to Emergency Motion to Return Seized Property. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by United States of America. Modified on 12/7/2015
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12/04/2015
ORDER granting in part and denying in part 11 Emergency Motion to Return Seized Property. The Court held a hearing with the parties this morning and a conference call with the parties this afternoon. The Court has now reviewed the briefing on Movants' emergency motion. The parties have reached agreement on imaging of the six computers at issue in this motion. The computers will be imaged by the government and images provided to Movants next week. The parties have been unable to reach agreement on copying or return of the approximately 26 boxes of documents held by the government and sought by Movants. Movants propose that the documents be given to a copy service and that the parties split the cost of copying them. The government has confidentiality concerns with respect to sensitive personal information in the documents, and opposes turning them over to a copy service for copying. As stated during this morning's hearing, the Court concludes that both sides have legitimate interests in the documents. The Court orders the following: (1) counsel for Movants shall be given physical access to the 26 or so boxes of documents at a government office starting as early as possible next week; (2) Movants' counsel shall be given access to the documents during normal business hours; (3) Movants' counsel may designate documents to be copied by the government; (4) the government shall designate a taint agent or attorney not associated with the ongoing investigation to receive Movants' request for documents and oversee copying of the requested documents (the intent is that Movants' work product not be revealed to agents or attorneys involved in the government's investigation of Movants); (5) the requested document shall promptly be copied by the government and provided to Movants' counsel; (6) if counsel for Movants require later access to the documents for a second round of review, the government shall grant that access on the same terms. Signed by Judge David G Campbell on 12-4-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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12/07/2015
ORDER granting 21 Motion to Seal Supplement to Response. IT IS ORDERED that the Notice of Intent to Terminate, previously prepared by the United States Customs and Immigration Service and served upon the Movants (designated as "2:15-CV-02374-DGC (DMF) Exhibit 1"), be filed under seal. Signed by Judge David G Campbell on 12/4/15.
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12/07/2015
Sealed Exhibit 1 re 14 Response to 11 filed by United States of America.
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Amended Exhibit 1) (LAD
1 Attachment
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12/07/2015
ORDER. Telephone Conference set for 12/8/2015 at 10:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell.Counsel for Plaintiff shall initiate a conference call to include counsel for all parties and the Court. Signed by Judge David G Campbell on 12/7/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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12/07/2015
NOTICE re: RE HEARING RE PHYSICAL ACCESS TO BOXES OF DOCUMENTS by AZ Sourcing LLC re: 23 Order on Motion for Miscellaneous Relief.
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Exhibit 1
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Exhibit 2
2 Attachments
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12/08/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Ex Parte Telephone Conference held on 12/8/2015. (Court Reporter Patricia Lyons.) Hearing held 10:32 AM to 10:37 AM (cc: None)
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12/08/2015
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Conference held on 12/8/2015. (Court Reporter Patricia Lyons.) Hearing held 10:03 AM to 10:31 AM.
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12/09/2015
ORDER. As document review began at the courthouse this morning, Movant's counsel appeared with three individuals who were not part of his law firm and declined to identify them as requested by counsel for the government. This resulted in another impasse. The Court instructed counsel to come to chambers and held an off-the-record conference with them. The Court directed Movant's counsel to disclose the identities of the three individuals, which he did. Counsel for the government did not object to one of these individuals being in the document review room, but expressed concern about the others relating to the integrity of the document evidence being reviewed. To address this concern, the Court instructed that Mr. Fischer must be in the document review room whenever these two individuals are there to ensure that no documents are altered, removed, or destroyed. If Mr. Fischer leaves the room, he is to take the two individuals with him. Document review will proceed on this basis. Signed by Judge David G Campbell on 12-9-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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12/10/2015
NOTICE OF ATTORNEY APPEARANCE: Peter Sexton appearing for United States of America.
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01/26/2016
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Ian Matthew Fischer.

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