Sealed v. Sealed et al

2:2017-cv-00727 (azd)

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Description
1
03/09/2017
MOTION to Seal Complaint by Robert Hutton.
1
Exhibit
2
Text of Proposed Order)(MAP
2 Attachments
2
03/09/2017
*FILED at Doc. 6 *SEALED LODGED Proposed Complaint re: 1 MOTION to Seal Case. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Robert Hutton. *.
1
Civil Cover Sheet)(MAP) *Modified on 3/14/2017 (MAP
1 Attachment
3
03/09/2017
*FILED at Doc. 7 *SEALED LODGED Proposed Corporate Disclosure Statement re: 1 MOTION to Seal Case. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Robert Hutton. (MAP) *Modified on 3/14/2017 (MAP)*.
4
03/09/2017
NOTICE: This case has been assigned to the Honorable David K. Duncan. All future pleadings or documents should bear the correct case number: CV-17-727-PHX-DKD.
1
Consent Form) (cc: Pla's Cnsl) (MAP) *Modified on 6/15/2017 to remove sealed wording from entry (ATD
1 Attachment
03/09/2017
Magistrate Election Form Deadline. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
5
03/14/2017
ORDER granting 1 Motion to Seal Case. ORDERED that the Complaint in this action is to remain sealed until all the named Defendants file a responsive pleading or 120 days from the date of this order, whichever is sooner. Signed by Magistrate Judge David K Duncan on 3/13/17. (cc: Counsel) (MAP) *Modified on 6/15/2017 to remove sealed wording from entry
6
03/14/2017
COMPLAINT filed by Robert Hutton.
1
Civil Cover Sheet)(MAP) *Modified on 6/15/2017 to remove sealed wording from entry (ATD
1 Attachment
7
03/14/2017
Corporate Disclosure Statement by Robert Hutton. (MAP) *Modified on 6/15/2017 to remove sealed wording from entry
8
03/24/2017
Order that Robert Hutton show cause for failure to comply with LRCiv 3.7(b) before Judge G Murray Snow. Show Cause Hearing set for 4/24/2017 at 04:30 PM before Judge G Murray Snow.
1
Instructions
2
Consent Form) (cc: Pla's Cnsl) (MAP) *Modified on 6/15/2017 to remove sealed wording from entry (ATD
2 Attachments
03/24/2017
Summons Issued as to Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger. Summons Issued in Person at Customer Service Counter. (Text entry; no document attached.)
9
03/24/2017
Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
10
04/17/2017
*NOTICE of Limited Appearance by Mark A Nadeau, Laura Elizabeth Sixkiller and Cole Jacob Schlabach on behalf of Defendants Inventure Foods Incorporated, Terry McDaniel, Steve Weinberger. (ATD) *Modified on 5/16/2017 to correct parties being represented (MAP)*.
11
04/17/2017
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 6 Complaint by Inventure Foods Incorporated, Terry McDaniel and Steve Weinberger.
12
04/19/2017
*ORDER granting the 11 Stipulation For Extension of Time To Answer Complaint: As to defendants Inventure Foods Incorporated, Terry McDaniel and Steve Weinberger, answer due no later than 5/19/2017. Signed by Magistrate Judge David K Duncan on 04/18/2017. (cc: All parties) (ATD) *Modified on 4/19/2017 to add distribution to text
05/12/2017
Remark: Pro hac vice motions granted for Shane Sanders and Felipe Arroyo on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
13
05/16/2017
ORDER that Inventure Foods Incorporated, Terry McDaniel, Steve Weinberger show cause for failure to comply with LRCiv 3.7(b) before Judge G Murray Snow. Show Cause Hearing set for 6/5/2017 at 04:30 PM before Judge G Murray Snow.
1
Instructions
2
Consent Form) (cc: All Cnsl) (MAP) *Modified on 6/15/2017 to remove sealed wording from entry (ATD
2 Attachments
14
05/17/2017
SEALED STIPULATED MOTION to Set Time to File Amended Complaint and Briefing Schedule on Motion to Dismiss Amended Complaint by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
05/17/2017
Magistrate Election Form Deadline set as to Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Paul J Lapadat, David L Meyers, Itzhak Reichman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
15
05/23/2017
SEALED ORDER granting 14 Stipulated Motion to Set Time to File Amended Complaint and Briefing Schedule on Motion to Dismiss Amended Complaint. See Order for Details. Signed by Magistrate Judge David K Duncan on 5/22/17. (cc: All Cnsl)
16
05/24/2017
Corporate Disclosure Statement by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger. (MAP) *Modified on 6/15/2017 to remove sealed wording from entry
17
05/24/2017
Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) *Modified on 6/15/2017 to remove sealed wording from entry
18
05/25/2017
MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge James A. Teilborg. All further pleadings/papers should now list the following COMPLETE case number: CV-17-727-PHX-JAT. FURTHER ORDERED that the Order to Show Cause Hearing scheduled for June 5, 2017 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (cc: All Cnsl) (MAP) *Modified on 6/15/2017 to remove sealed wording from entry
19
06/06/2017
ORDER - The Court finding no cause for this case to be filed under seal, this entire case and all filings herein will be unsealed on June 15, 2017. Any motion to reconsider unsealing this case, which must show cause for having this entire case under seal consistent with all controlling Ninth Circuit and Supreme Court case law, must be filed by June 12, 2017, and must be filed JOINTLY by the parties. FURTHER ORDERED that the Court finds no cause for the extended briefing schedule previously approved by the Magistrate Judge (Doc. 15). Accordingly, the Court orders as follows (there will be NO extensions of this schedule). Any amended complaint is due by June 16, 2017. (See document for further details.) Signed by Senior Judge James A Teilborg on 6/6/2017. (cc: All Counsel) (ATD) *Modified on 6/15/2017 to remove sealed wording from entry
20
06/15/2017
STANDARD CIVIL TRACK INITIAL ORDER: IT IS ORDERED, if not already accomplished prior to the date of this Order, that Plaintiff(s) shall effect service of the Complaint and Summons upon all Defendants no later than 90 days after the filing of the Complaint. IT IS FURTHER ORDERED that Plaintiff shall serve Defendant(s) with a copy of this Order [see attached Order for details]. Signed by Senior Judge James A Teilborg on 6/15/17.
21
06/21/2017
STIPULATION Stipulated Protective Order by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
22
06/22/2017
ORDER: IT IS ORDERED that the stipulated protective order (Doc. [21]) is denied, without prejudice [see attached Order for details]. Signed by Senior Judge James A Teilborg on 6/22/17.
23
07/05/2017
STIPULATION Stipulated Protective Order by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
24
07/06/2017
NOTICE TO FILER OF DEFICIENCY re: 23 Stipulated Protective Order. Failure to e-mail proposed Order to chambers. FOLLOW-UP ACTION REQUIRED: Please e-mail proposed order to chambers (teilborg_chambers@azd.uscourts.gov). 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.
25
07/06/2017
MOTION to Dismiss Case SHAREHOLDER DERIVATIVE COMPLAINT by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
26
07/06/2017
MEMORANDUM in Support of MOTION TO DISMISS SHAREHOLDER DERIVATIVE COMPLAINT [25] MOTION to Dismiss Case SHAREHOLDER DERIVATIVE COMPLAINT by Defendants Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
27
07/06/2017
DECLARATION of LAURA SIXKILLER IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS SHAREHOLDER DERIVATIVE COMPLAINT re: [26] Memorandum IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS SHAREHOLDER DERIVATIVE COMPLAINT by Defendants Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
10 Attachments
28
07/06/2017
MOTION Request for Judicial Notice re: [27] Declaration OF LAURA SIXKILLER IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS SHAREHOLDER DERIVATIVE COMPLAINT by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
29
07/06/2017
ORDER: IT IS ORDERED that Docs. 25, 26, 27 and 28 are stricken. IT IS FURTHER ORDERED that Defendants must file one COMPLETE response to the complaint by July 10, 2017. Defendants may not "reserve any rights" to make other motions in response to the complaint; in other words, if the motion filed on July 10, 2017 is denied, Defendants will be required to answer the complaint. The response to the motion to dismiss remains due July 20, 2017, the reply remains due July 27, 2017 [see attached Order for details]. Signed by Senior Judge James A Teilborg on 7/6/17.
30
07/07/2017
ORDER: Because Defendants are filing a motion to dismiss in response to the complaint, discovery has not yet begun in this case. Accordingly, any request for a protective order for items to be exchanged in the future in the event the motion to dismiss is denied is premature. Therefore, IT IS ORDERED that the stipulation for a protective order (Doc. 23) is denied without prejudice to the parties seeking a protective order if/when discovery begins in this case. Ordered by Senior Judge James A Teilborg on 7/7/17. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
31
07/07/2017
MOTION Unopposed Motion to Exceed Page Limits by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
1
Text of Proposed Order Proposed Order
1 Attachment
32
07/10/2017
ORDER granting [31] Unopposed Motion to Exceed Page Limits. 1. Defendants may file a comprehensive motion to dismiss not to exceed 25 pages in length. 2. Plaintiff is allowed to file a response that is likewise not to exceed 25 pages in length. 3. This Order does not alter the page limit applicable to any reply filed by Defendants as set forth in this Districts Local Rules of Civil Procedure. Signed by Senior Judge James A Teilborg on 7/10/17.
33
07/10/2017
MOTION to Dismiss Case Motion to Dismiss Shareholder Derivative Complaint or in Alternative Motion to Stay by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
5 Attachments
34
07/10/2017
MOTION Request for Judicial Notice re: [33] MOTION to Dismiss Case Motion to Dismiss Shareholder Derivative Complaint or in Alternative Motion to Stay by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
1
Exhibit 1
1 Attachment
35
07/20/2017
RESPONSE in Opposition re: [33] MOTION to Dismiss for Failure to State a Claim MOTION to Stay Plaintiff's Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss Shareholder Derivative Complaint and, in the Alternative, Motion to Stay filed by Robert Hutton.
1
Declaration of Shane P. Sanders
1 Attachment
36
07/20/2017
RESPONSE Plaintiff's Opposition to Defendants' Request for Judicial Notice by Plaintiff Robert Hutton.
37
07/27/2017
MINUTE ORDER: IT IS ORDERED setting oral argument on the motion to dismiss (Doc. 33) for Thursday, August 24, 2017 at 1:30 PM IT IS FURTHER ORDERED that to assist the court reporter, the parties shall prepare and bring to oral argument a table of authorities, in alphabetical order, which includes all of the authorities on which the parties will rely at oral argument. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
38
07/27/2017
REPLY to Response to Motion re: [33] MOTION to Dismiss for Failure to State a Claim MOTION to Stay filed by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
3 Attachments
39
07/27/2017
REPLY to Response to Motion re: [34] MOTION Request for Judicial Notice re: [33] MOTION to Dismiss Case Motion to Dismiss Shareholder Derivative Complaint or in Alternative Motion to Stay filed by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
40
07/31/2017
Joint MOTION TO RESET ORAL ARGUMENT DATE re: [37] Set/Reset Motion and R&R Deadlines/Hearings by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
1
Text of Proposed Order Proposed Order
1 Attachment
41
08/01/2017
ORDER granting [40] Motion to Reset Oral Argument Date and continuing Oral Argument on the pending Motion to Dismiss from August 24, 2017 to August 30, 2017 at 4:00 PM Signed by Senior Judge James A Teilborg on 8/1/17.
42
08/08/2017
NOTICE re: Notice that the Parties are Prepared for a Rule 16 Preliminary Pretrial Conference by Robert Hutton re: [20] Order.
43
08/09/2017
ORDER: Plaintiff Robert Hutton's Response includes a request for leave to amend if the Court dismisses his Complaint. (Doc. 35 at 31 n.30). The Court construes Plaintiff's request as an advanced motion for leave to amend. Under LRCiv 15.1(a), "[a] party who moves for leave to amend a pleading must attach a copy of the proposed amended pleading as an exhibit to the motion, which must indicate in what respect it differs from the pleading which it amends, by bracketing or striking through the text to be deleted and underlining the text to be added." IT IS ORDERED by August 17, 2017, Plaintiff must comply with LRCiv 15.1(a) by filing a red-lined version of the proposed amended complaint that he intends to file if the Court were to grant the Defendants' Motion to Dismiss. Notably, Plaintiff has previously sought to extend the briefing schedule to file an amended complaint, (Doc. 14), but ultimately declined to amend the Complaint. Given this history, if Plaintiff fails to file the required proposed amended complaint, the Court will take such inaction as a concession that there are no additional allegations Plaintiff can make in this case. Ordered by Senior Judge James A Teilborg on 8/9/17. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
44
08/16/2017
MOTION for Extension of Time Unopposed Motion to Extend Time for Plaintiff to file a Relined Version of Proposed Amended Complaint by Robert Hutton.
1
Text of Proposed Order
1 Attachment
45
08/17/2017
ORDER: IT IS ORDERED granting the motion for extension of time to file the proposed amended complaint (Doc. 44) such that the proposed amended complaint is due by 9:00 AM, Monday, August 28, 2017. IT IS FURTHER ORDERED that there will be no extensions of this deadline, or the oral argument date of August 30, 2017; thus, if the parties reach a settlement at their mediation, they must file a stipulation to dismiss this case by August 28, 2017 or be prepared to proceed on the current schedule. Ordered by Senior Judge James A Teilborg on 8/17/17. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
46
08/23/2017
NOTICE re: Plaintiff's Notice of Intention to File Proposed Amended Complaint and Appear for Oral Argument on Defendants' Motion to Dismiss by Robert Hutton.
47
08/25/2017
NOTICE re: Notice of Filing Redlined Version of the Proposed Amended Complaint by Robert Hutton re: [43] Order, Set Deadlines.
1
Exhibit A
1 Attachment
48
08/28/2017
ORDER: IT IS ORDERED granting Defendants' Request for Judicial Notice, (Doc. [34]), consistent with the above reasoning. IT IS FURTHER ORDERED granting Defendants' Motion to Dismiss Shareholder Derivative Complaint, (Doc. [33] at 113), pursuant to Federal Rule 23.1. IT IS FURTHER ORDERED denying Defendants' Motion to Dismiss Shareholder Derivative Complaint, (Doc. [33] at 1324), pursuant to Federal Rule 12(b)(6) without prejudice as moot. IT IS FURTHER ORDERED denying Defendants' Alternative Motion to Stay, (Doc. [33] at 2426), without prejudice as moot. IT IS FURTHER ORDERED granting Plaintiff's Request for Leave to Amend, (Doc. [35] at 31 n.30). IT IS FURTHER ORDERED vacating oral argument scheduled for August 30, 2017 at 4:00 PM [see attached Order for details]. Signed by Senior Judge James A Teilborg on 8/28/17.
49
09/05/2017
NOTICE re: Notice of Filing Redlined Version of the First Amended Complaint by Robert Hutton re: [48] Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Stay.
1
Exhibit A
1 Attachment
50
09/05/2017
NOTICE re: Notice of Filing the First Amended Complaint by Robert Hutton re: [48] Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Stay.
1
Exhibit A
1 Attachment
51
09/06/2017
AMENDED COMPLAINT Verified Amended Stockholder Derivative Complaint for Violation of Securities Laws, Breach of Fiduciary Duty, Waste of Corporate Assets, and Unjust Enrichment against All Defendants filed by Robert Hutton.
52
09/19/2017
MOTION to Dismiss Case FIRST AMENDED SHAREHOLDER DERIVATIVE COMPLAINT AND IN THE ALTERNATIVE MOTION TO STAY by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
1
Exhibit Exhibit A
2
Exhibit Exhibit B
2 Attachments
53
10/03/2017
AFFIDAVIT in Opposition re: [52] MOTION to Dismiss for Failure to State a Claim MOTION to Stay, REPLY TO RESPONSE to Amended Habeas Petition (Fed/2241), RESPONSE in Opposition re: [52] MOTION to Dismiss for Failure to State a Claim MOTION to Stay Plaintiff's Opposition to Defendant's Motion to Dismiss First Amended Shareholder Derivative Complaint and, in the Alternative, Motion to Stay filed by Robert Hutton.
54
10/10/2017
REPLY to Response to Motion re: [52] MOTION to Dismiss for Failure to State a Claim MOTION to Stay filed by Ashton D Asensio, Timothy A Cole, Macon Bryce Edmonson, Harold S Edwards, Inventure Foods Incorporated, Paul J Lapadat, Terry McDaniel, David L Meyers, Itzhak Reichman, Steve Weinberger.
55
03/20/2018
STIPULATION of Dismissal Without Prejudice by Robert Hutton.
1
Order Granting Voluntary Dismissal Without Prejudice
1 Attachment
56
03/21/2018
ORDER: Pursuant to the parties' Stipulation of Voluntary Dismissal Without Prejudice [55], IT IS ORDERED as follows: The above-captioned case is voluntarily dismissed, in its entirety, without prejudice, as to all defendants. Parties are to bear their own costs, fees, and expenses. All pending motions are denied as moot, without prejudice. Signed by Senior Judge James A Teilborg on 3/21/2018.
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