Arizona District Court
Judge:Diane J Humetewa
Case #: 2:16-cv-00538
Nature of Suit190 Contract - Other Contract
Cause18:1030 Computer Fraud and Abuse Act
Case Filed:Feb 26, 2016
Terminated:Jun 15, 2016
Last checked: Wednesday Aug 24, 2016 2:01 AM MST
Defendant
Flagstar Bank
Represented By
Kent S Brockelman
Coppersmith Brockelman PLC
contact info
Kimberly A Fatica
Coppersmith Brockelman PLC
contact info
Defendant
Jens Lovell
Represented By
Kent S Brockelman
Coppersmith Brockelman PLC
contact info
Kimberly A Fatica
Coppersmith Brockelman PLC
contact info
Defendant
Lisa Lovell
Represented By
Kent S Brockelman
Coppersmith Brockelman PLC
contact info
Kimberly A Fatica
Coppersmith Brockelman PLC
contact info
Plaintiff
Compass Bank
Represented By
Jeffrey W Toppel
Jackson Lewis LLP
contact info
Jeffrey Alan Bernick
Jackson Lewis Llp - Phoenix, Az
contact info


Docket last updated: 4 hours ago
Wednesday, June 15, 2016
36 36 1 pgs order Order Dismissing Case Wed 06/15 3:09 PM
ORDER pursuant to the parties'35 Stipulation. ORDERED dismissing this action in its entirety, with prejudice, each party to bear its own attorneys' fees and costs. IT IS FURTHER ORDERED directing the Clerk of Court to terminate this action. Signed by Judge Diane J Humetewa on 6/15/2016. (LFIG)
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35 35 misc Stipulation of Dismissal Wed 06/15 8:46 AM
STIPULATION of Dismissal With Prejudice by Compass Bank.(Toppel, Jeffrey)
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Att: 1 Text of Proposed Order
Friday, April 29, 2016
34 34 notice Notice of Service of Discovery Fri 04/29 12:29 PM
NOTICE of Service of Discovery filed by Compass Bank. (Toppel, Jeffrey)
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Monday, April 25, 2016
33 33 2 pgs notice Notice (Other) Mon 04/25 4:00 PM
NOTICE re: Intent to Serve Third Party Subpoenas by Compass Bank . (Toppel, Jeffrey)
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32 32 order Scheduling Order Mon 04/25 11:16 AM
RULE 16 SCHEDULING ORDER: Discovery due by 2/24/2017. Dispositive motions due by 3/31/2017. ORDERED vacating the Rule 16 Scheduling Conference set for April 26, 2016. Signed by Judge Diane J Humetewa on 4/25/2016. (LFIG)
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31 31 misc Report - Rule 26(f) Planning Meeting (Proposed Case Mgt Plan) Mon 04/25 9:51 AM
REPORT of Rule 26(f) Planning Meeting by Compass Bank. (Toppel, Jeffrey)
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Thursday, April 14, 2016
30 30 order Order ~Util - Set/Reset Hearings Thu 04/14 10:48 AM
ORDER SETTING RULE 16 SCHEDULING CONFERENCE for April 26, 2016 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. (See Order for details.) Signed by Judge Diane J Humetewa on 4/14/2016. (LFIG)
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29 29 order Order on Motion for Discovery Thu 04/14 10:33 AM
ORDER: Pending before the Court is Plaintiff's Motion for an Order Permitting Immediate Discovery (Doc.28 ). Plaintiff states that it "does not believe that it should be forced" to comply with the meet and confer provisions of Rule 26(f) prior to the commencement of discovery. The Court disagrees. Therefore, the Court denies Plaintiff's Motion (Doc. 28) without prejudice to renew. An order setting a Rule 16 Scheduling Conference for April 26, 2016 at 9:30 a.m. is being filed in conjunction with this Order. ORDERED by Judge Diane J Humetewa on 4/14/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Wednesday, April 13, 2016
28 28 motion Discovery Wed 04/13 3:48 PM
MOTION for Discovery Order Permitting Immediate Discovery by Compass Bank.(Toppel, Jeffrey)
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Att: 1 Text of Proposed Order
Friday, April 08, 2016
27 27 order Order on Motion for TRO Order on Motion to Expedite Fri 04/08 12:45 PM
ORDER that Plaintiff's14 Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED. IT IS FURTHER ORDERED that Plaintiff's16 Motion for Expedited Discovery is DENIED. Signed by Judge Diane J Humetewa on 4/8/2016. (See Order for details.)(LFIG)
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Friday, April 01, 2016
26 26 minutes Motion Hearing 1 - Common Prompts (Text Only) Fri 04/01 4:39 PM
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Motion Hearing held as to Plaintiff's14 Motion for Temporary Restraining Order and Preliminary Injunction on 4/1/2016. Argument heard. The Court takes this matter under advisement. Order to follow. APPEARANCES: Jeffrey Toppel for Plaintiff. Kent Brockelman for Defendants (Court Reporter Elva Cruz-Lauer.) Hearing held 3:00 PM to 4:11 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Thursday, March 31, 2016
25 25 respm Response in Opposition to Motion Thu 03/31 9:33 AM
RESPONSE in Opposition re:14 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Flagstar Bank, Jens Lovell, Lisa Lovell.(LFIG)
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Att: 1 Exhibit A-J
24 24 order Order on Motion for Leave to File Excess Pages Thu 03/31 9:29 AM
ORDER granting Defendants'22 Motion for Leave to File Excess Pages on Defendants' Opposition to Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction. Signed by Judge Diane J Humetewa on 3/30/2016.(LFIG)
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Wednesday, March 30, 2016
23 23 respoth Lodged Proposed Document Wed 03/30 4:57 PM
LODGED Proposed Defendants' Opposition to Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction re:22 MOTION for Leave to File Excess Pages for Opposition to Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Flagstar Bank, Jens Lovell, Lisa Lovell.(Brockelman, Kent)
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Att: 1 Exhibit Exhibits A-J
22 22 motion File Excess Pages Wed 03/30 4:54 PM
MOTION for Leave to File Excess Pages for Opposition to Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction by Flagstar Bank, Jens Lovell, Lisa Lovell.(Brockelman, Kent)
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Att: 1 Text of Proposed Order Order
Friday, March 25, 2016
21 21 order Order on Motion for Hearing on Motion Order on Motion to Continue Fri 03/25 5:43 PM
TEXT ONLY ORDER: Pending before the Court is a "Motion to Postpone Hearing on Plaintiff's Application for Temporary Restraining Order and Motion for Expedited Discovery" by Defendants Flagstar Bank, FSB; Jens Lovell; and Lisa Lovell (Doc.20 ). Based upon the representation therein that "[i]t is Defense counsel's understanding that counsel for Plaintiff does not oppose this Motion[,]" (Id. at 2:6-7), IT IS HEREBY ORDERED GRANTING Defendants' Motion (Doc.20 ). IT IS FURTHER ORDERED VACATING the March 29, 2016 oral argument previously set with respect to Plaintiff Compass Bank's Motion for a Temporary Restraining Order and its Motion to Expedite Discovery, and VACATING the March 28, 2016 deadline by which Defendants had to file a Response thereto (Doc. 18 ). IT IS FINALLY ORDERED setting oral argument with respect to Plaintiff Compass Bank's Motion for a Temporary Restraining Order (Doc.14 ) and Plaintiff Compass Bank's Motion to Expedite Discovery (Doc.16 ) for Friday, April 1, 2016, at 3:00 p.m. in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003. Responses, if any, shall be filed by no later than the close of business on Wednesday, March 30, 2016. Defendant Jens Lovell is directed to be present for oral argument. Ordered by Judge Diane J Humetewa on 3/25/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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20 20 motion Hearing on Motion Continue Fri 03/25 4:51 PM
MOTION for Hearing on Motion , MOTION to Continue Hearing on Temporary Restraining Order and Motion for Expedited Discovery by Flagstar Bank, Jens Lovell, Lisa Lovell.(Fatica, Kimberly)
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Att: 1 Text of Proposed Order Order
19 19 order Order on Motion for Miscellaneous Relief Fri 03/25 3:56 PM
ORDER granting15 Motion for Leave to Exceed Page Limit Re Motion for a Temporary Restraining Order and Preliminary Injunction. See order for details. Signed by Judge Diane J Humetewa on 3/25/2016.(LMR)
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18 18 minutes ~Util - Set/Reset Motion and R&R Deadlines/Hearings Order Fri 03/25 2:04 PM
TEXT ONLY ORDER: IT IS HEREBY ORDERED setting oral argument with respect to Plaintiff Compass Bank's Motion for a Temporary Restraining Order (Doc.14 ) and Plaintiff Compass Bank's Motion to Expedite Discovery (Doc.16 ). Responses, if any, shall be filed by no later than the close of business, Monday, March 28, 2016. Oral argument will be heard on Tuesday, March 29, 2016 at 11:00 a.m. in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003. Defendant Jens Lovell is directed to be present for oral argument. Ordered by Judge Diane J Humetewa on 3/25/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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17 17 order Order ~Util - Add and Terminate Judges Fri 03/25 10:43 AM
ORDER that this matter has been reassigned by random lot to United States District Judge Diane J. Humetewa. All future documents should be filed with the following case number: CV 16-00538 PHX-DJH. Signed by Magistrate Judge Bridget S Bade on 3/25/16. (LSP)
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Thursday, March 24, 2016
16 16 motion Expedite Thu 03/24 3:52 PM
MOTION to Expedite Discovery by Compass Bank.(Toppel, Jeffrey)
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Att: 1 Text of Proposed Order
15 15 motion Miscellaneous Relief Thu 03/24 3:51 PM
MOTION for Leave to Exceed Page Limit Re Motion for a Temporary Restraining Order and Preliminary Injunction re:14 MOTION for Temporary Restraining Order and Preliminary Injunction by Compass Bank.(Toppel, Jeffrey)
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Att: 1 Text of Proposed Order
14 14 motion Temporary Restraining Order Thu 03/24 3:46 PM
MOTION for Temporary Restraining Order and Preliminary Injunction by Compass Bank.(Toppel, Jeffrey)
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Att: 1 22 pgs Affidavit Tab A - Part 1 of 2 - Declaration of Eduardo Castaneda,
Att: 2 16 pgs Affidavit Tab A - Part 2 of 2 - Declaration of Eduardo Castaneda,
Att: 3 Affidavit Tab B - Declaration of Vickie Bargas,
Att: 4 Affidavit Tab C - Declaration of Jeffrey W. Toppel,
Att: 5 Affidavit Tab D - Declaration of Abel Reyes,
Att: 6 Affidavit Tab E - Part 1 of 2 - Declaration of Kelly Kutcha,
Att: 7 Affidavit Tab E - Part 2 of 2 - Declaration of Kelly Kutcha,
Att: 8 Text of Proposed Order Temporary Restraining Order and Show Cause Hearing
Tuesday, March 22, 2016
13 13 misc 25 Pct Mag - Magistrate Election Form Deadline Wed 03/23 7:59 AM
Magistrate Election Form Deadline set as to Jens Lovell, Lisa Lovell, Flagstar Bank.(MAP)
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Att: 1 Consent Form
12 12 answer Answer to Complaint Tue 03/22 4:29 PM
ANSWER to1 Complaint by Jens Lovell, Lisa Lovell.(Brockelman, Kent)
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11 11 misc Corporate Disclosure Statement Tue 03/22 4:28 PM
Corporate Disclosure Statement by Flagstar Bank identifying Other Affiliate Flagstar Bancorp Incorporated for Flagstar Bank. (Brockelman, Kent)
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10 10 answer Answer to Complaint Tue 03/22 4:25 PM
ANSWER to1 Complaint by Flagstar Bank.(Brockelman, Kent)
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Wednesday, March 16, 2016
9 9 misc 25 Pct Mag - Agreement to Magistrate Judge Jurisdiction Thu 03/17 3:41 PM
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. (MAP)
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8 8 misc 25 Pct Mag - Order to Show Cause (LRCiv 3.7(b)) Wed 03/16 11:01 AM
Order that Compass Bank show cause for failure to comply with LRCiv 3.7(b) before Judge Susan R Bolton. Show Cause Hearing set for 4/4/2016 at 04:30 PM before Judge Susan R Bolton.(MAP)
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Att: 1 1 pgs Instructions,
Att: 2 1 pgs Consent Form
Tuesday, March 08, 2016
7 7 service Service Executed Tue 03/08 11:42 AM
SERVICE EXECUTED filed by Compass Bank: Certificate of Service re: Summons, Verified Complaint, Plaintiff's Corporate Disclosure Statement, Assignment of Jurisdiction to Magistrate Judge, Consent Form to Exercise of Jurisdiction by Magistrate Judge by Process Server upon Flagstar Bank, FSB on 03/01/2016. (Toppel, Jeffrey)
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Wednesday, March 02, 2016
6 6 service Service Executed Wed 03/02 2:30 PM
SERVICE EXECUTED filed by Compass Bank: Acceptance of Service re: Summons, Complaint, Corporate Disclosure Statement, Consent to Exercise of Jurisdiction by US Magistrate Judge upon Jens Lovell and Lisa Lovell through their counsel, Kent Brockelman, Coppersmith Brockelman on 03/01/2016. (Toppel, Jeffrey)
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Friday, February 26, 2016
5 5 1 pgs misc New Case Opened Fri 02/26 4:39 PM
Filing fee paid, receipt number 0970-12678453. This case has been assigned to the Honorable Bridget S Bade. All future pleadings or documents should bear the correct case number: CV 16-00538 PHX-BSB. Magistrate Election form attached.(GAR)
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Att: 1 magistrate consent form
4 4 service Summons Issued Fri 02/26 4:38 PM
Summons Issued as to All Defendants.(GAR)
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Att: 1 2 pgs Summons,
Att: 2 Summons
3 3 service Summons Submitted Fri 02/26 4:33 PM
SUMMONS Submitted by Compass Bank (submitted by Jeffrey Toppel).(GAR)
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Att: 1 2 pgs Summons,
Att: 2 Summons
2 2 misc Corporate Disclosure Statement Fri 02/26 4:31 PM
Corporate Disclosure Statement by Compass Bank identifying Other Affiliate Banco Bilbao Vizcaya Argentaria, SA, Other Affiliate BBVA Compass Bancshares Incorporated for Compass Bank. (GAR)
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1 1 38 pgs cmp Complaint Fri 02/26 4:26 PM
COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-12678453 filed by Compass Bank (submitted by Jeffrey Toppel).(GAR)
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Att: 1 2 pgs Civil Cover Sheet