Luxury Auto Collection LLC v. Walker et al

Arizona District Court
Judge:	Susan R Bolton
Case #:	2:21-cv-02025
Nature of Suit	320 Torts - Personal Injury - Assault, Libel, & Slander
Cause	28:1331 Fed. Question

Case Filed:	Nov 30, 2021
Terminated:	Jul 28, 2022

Docket
Parties (5)

Last checked: Sunday May 29, 2022 2:05 AM MST

Defendant Unknown Parties
Defendant Kevin Walker
Defendant Donnabella Mortel 1917 Birch Bend Court Chino Valley, CA 91709
Plaintiff Luxury Auto Collection LLC	Represented By Antonino Abate Law Office Of Nino Abate PLC contact info Nino Abate Law Office Of Nino Abate, PLC contact info
TERMINATED PARTIES
Defendant Unknown Walker Terminated: 02/04/2022

Docket last updated: 05/15/2025 11:59 PM MST

Monday, September 19, 2022
44		44 misc Mail Returned Tue 09/20 4:12 PM Mail Returned as Undeliverable. Mail sent to Donnabella Mortel . Reason for return: Return to Sender, Attempted- Not Known. Document number37 . (CLM) Related: [-]
Thursday, July 28, 2022
43		43 1 pgs order Clerks Judgment Thu 07/28 2:09 PM CLERK'S JUDGMENT - Pursuant to the Court's order filed July 28, 2022, Plaintiff to take nothing, and the complaint and action are dismissed. (REK) Related: [-]
42		42 2 pgs order Order Adopting Report and Recommendation ~Util - Terminate Motions Thu 07/28 2:06 PM ORDER adopting the Report and Recommendation of the Magistrate Judge as the order of this Court37 . IT IS FURTHER ORDERED dismissing Count 2 of the Amended Complaint, denying Plaintiff's Motion for Default Judgment and Request for Permanent Injunction20 , and denying as moot Plaintiff's Motion for Preliminary Injunction7 . Because Plaintiff has failed to establish the merits of its claim and has failed to sufficiently state a claim for defamation; IT IS FURTHER ORDERED dismissing Count 1 of the Amended Complaint and directing the Clerk to enter judgment accordingly. Signed by Senior Judge Susan R Bolton on 7/28/2022. (REK) Related: [-]
Monday, July 11, 2022
41		41 misc Mail Returned Wed 07/13 8:57 AM Mail Returned as Undeliverable. Mail sent to Donnabella Mortel. Reason for return: Return to Sender: Attempted - Not Known - Unable to Forward. Document number 34. (REK) Related: [-]
40		40 misc Mail Returned Wed 07/13 8:56 AM Mail Returned as Undeliverable. Mail sent to Donnabella Mortel. Reason for return: Return to Sender: Attempted - Not Known - Unable to Forward. Document number 31. (REK) Related: [-]
39		39 misc Mail Returned Wed 07/13 8:55 AM Mail Returned as Undeliverable. Mail sent to Donnabella Mortel. Reason for return: Return to Sender: Attempted - Not Known - Unable to Forward. Document number 30. (REK) Related: [-]
38		38 misc Mail Returned Wed 07/13 8:54 AM Mail Returned as Undeliverable. Mail sent to Donnabella Mortel. Reason for return: Return to Sender: Attempted - Not Known - Unable to Forward. Document number 28. (REK) Related: [-]
Wednesday, July 06, 2022
37		37 motion Report and Recommendation Wed 07/06 1:56 PM REPORT AND RECOMMENDATION that count 2 of the amended complaint be DISMISSED. IT IS FURTHER RECOMMENDED the motion for default judgment and request for permanent injunction (doc.20 ) be DENIED. This Report and Recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal under Federal Rule of Appellate Procedure 4(a)(1) should not be filed until entry of the District Court's judgment. The parties have fourteen days from the date of service of this Report and Recommendation's copy to file specific, written objections with the Court. Thereafter, the parties have fourteen days to respond to the objections. See document for complete details. Signed by Magistrate Judge Michael T Morrissey on 7/6/2022. (WLP) Related: [-]
Friday, June 17, 2022
36		36 misc Mail Returned Wed 06/22 4:51 PM Mail Returned as Undeliverable. Mail sent to Donnabella Mortel. Reason for return: Wrong Address, Return to Sender. Document number27 . (LAD) Related: [-]
Friday, June 10, 2022
35		35 trial Exhibit List Tue 06/21 6:01 PM Exhibit List by Luxury Auto Collection LLC. (LMR) Related: [-]
34		34 minutes Evidentiary Hearing 1 - Common Prompts (Text Only) Fri 06/10 5:19 PM MINUTE ENTRY for proceedings held before Magistrate Judge Michael T. Morrissey: Evidentiary Hearing Plaintiff's motion for default judgment and request for permanent injunction held on 6/10/2022. Discussion is held. Gabriel Greece is sworn and examined. Exhibits 1, 2 and 4 are admitted in evidence. The matter is taken under advisement. APPEARANCES: Nino Abate for Plaintiff. Defendant neither present nor represented by counsel. Related [+] Hearing held 10:05 AM to 10:57 AM. Exhibit 3 is returned to counsel this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) Related: [-] corded by COURTSMART.
Thursday, June 09, 2022
33		33 service Service Executed Thu 06/09 6:33 AM SERVICE EXECUTED filed by Luxury Auto Collection LLC: Proof of Service re: Order e Evidentiary Hearing upon Defendant Donnabella Mortel on 5/18/22. (Abate, Nino) Related: [-]
32		32 service Service Executed Thu 06/09 6:32 AM SERVICE EXECUTED filed by Luxury Auto Collection LLC: Proof of Service re: Order e Evidentiary Hearing upon Defendant Kevin Walker on 5/18/22. (Abate, Nino) Related: [-]
Tuesday, May 31, 2022
31		31 2 pgs order Order Tue 05/31 2:35 PM ORDER: The Order to Show Cause28 is deemed satisfied. Plaintiff's obligations by the Order are removed. The hearing set for June 10, 2022, at 10:00 AM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 is affirmed. Plaintiff shall serve a copy of this Order on Defendants and file proof of service on the docket no later than June 7, 2022. Signed by Magistrate Judge Michael T Morrissey on 5/31/2022. (REK) Related: [-]
Thursday, May 26, 2022
30		30 order ~Util - Set/Reset Hearings Thu 05/26 9:56 AM MINUTE ORDER: On the Court's own Motion, the 5/27/22 Evidentiary Hearing is continued. Evidentiary Hearing set for 6/10/2022 at 10:00 AM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michael T Morrissey. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (rkt) Related: [-]
Friday, May 20, 2022
29		29 misc Response to Order to Show Cause Fri 05/20 2:53 PM RESPONSE TO ORDER TO SHOW CAUSE re:28 Order to Show Cause, by Plaintiff Luxury Auto Collection LLC. (Abate, Nino) Related: [-]
Friday, May 13, 2022
28		28 1 pgs order Order to Show Cause Fri 05/13 9:26 AM ORDER TO SHOW CAUSE - IT IS ORDERED Plaintiff shall show cause no later than May 20, 2022, for why it should not be sanctioned for failing to comply with this Court's Order. (See document for further details). Signed by Magistrate Judge Michael T Morrissey on 5/13/2022. (LAD) Related: [-]
Tuesday, April 26, 2022
27		27 1 pgs order Order ~Util - Terminate Motions ~Util - Set/Reset Deadlines/Hearings Tue 04/26 12:33 PM ORDER: Plaintiff's motion to continue the evidentiary hearing26 is GRANTED. The evidentiary hearing on Plaintiff's motion for default judgment and request for permanent injunction is continued to May 27, 2022, at 10:00 a.m., Arizona Time, in Courtroom 302, 401 West Washington Street, Phoenix, AZ 85003. IT IS FURTHER ORDERED that Plaintiff shall serve Defendants with a copy of this Order. Plaintiff shall file proof of service on the docket no later than May 6, 2022. Signed by Magistrate Judge Michael T Morrissey on 4/26/2022. (REK) Related: [-]
Monday, April 25, 2022
26		26 motion Continue Mon 04/25 4:47 PM MOTION to Continue Evidentiary Hearing by Luxury Auto Collection LLC. (Abate, Nino) Related: [-]
Thursday, April 07, 2022
25		25 service Service Executed Thu 04/07 4:24 PM SERVICE EXECUTED filed by Luxury Auto Collection LLC: Affidavit of Service re: Order e Evidentiary Hearing upon Defendant Donnabella Mortel on 3/28/22. (Abate, Nino) Related: [-]
24		24 service Service Executed Thu 04/07 4:22 PM SERVICE EXECUTED filed by Luxury Auto Collection LLC: Affidavit of Service re: Order e Evidentiary Hearing upon Defendant Kevin Walker on 3/28/22. (Abate, Nino) Related: [-]
Tuesday, March 29, 2022
23		23 misc Mail Returned Tue 03/29 2:06 PM Mail Returned as Undeliverable. Mail sent to Donnabella Mortel. Reason for return: Attempted Not Known, Unable to Forward. Document number 22. (WLP) Related: [-]
Monday, March 21, 2022
22		22 1 pgs order Order ~Util - Set/Reset Deadlines/Hearings Mon 03/21 12:30 PM ORDER setting an evidentiary hearing on April 27, 2022, at 2:00 P.M., Arizona Time, in Courtroom 302, 401 West Washington Street, Phoenix, AZ 85003. IT IS FURTHER ORDERED Plaintiff shall serve Defendants with a copy of this Order. Plaintiff shall file proof of service on the docket no later than April 6, 2022. Signed by Magistrate Judge Michael T Morrissey on 3/21/2022. (REK) Related: [-]
Thursday, February 17, 2022
21		21 1 pgs order Order Thu 02/17 4:28 PM ORDER: The Court has received Plaintiff's Motion for Default Judgment (Hearing Requested) and Request for Order re: Permanent Injunction (Doc.20 ). Magistrate Judge Michael T. Morrissey having been randomly drawn, IT IS ORDERED referring Plaintiff's Motion for Default Judgment (Hearing Requested) and Request for Order re: Permanent Injunction to Magistrate Judge Morrissey for the purpose of holding a hearing and issuing a Report and Recommendation. Signed by Senior Judge Susan R Bolton on 2/17/22. (MAW) Related: [-]
20		20 motion Default Judgment Thu 02/17 10:57 AM MOTION for Default Judgment as to Defendants Kevin Walker aka Kevin L. Walker and Donnabella Mortel, husband and wife by Luxury Auto Collection LLC.(Abate, Nino) Related: [-]
		Att: 1 Proposed Order Order re Default Judgment Hearing,
		Att: 2 Proposed Order Order re Permanent Injunction
Friday, February 04, 2022
19		19 cmp Amended Complaint Fri 02/04 9:38 AM AMENDED COMPLAINT against Unknown Parties, Kevin Walker, Donnabella Mortel filed by Luxury Auto Collection LLC.(Abate, Antonino) Related: [-]
Thursday, February 03, 2022
18		18 1 pgs order Order on Motion to Amend/Correct Thu 02/03 10:41 AM ORDER granting17 Motion to Amend. IT IS FURTHER ORDERED that the Plaintiff shall promptly file a First Amended Complaint with the Clerk of the Court and that the caption of all future pleadings shall list the named Defendants as follows: Kevin Walker aka Kevin L. Walker and Donnabella Mortel, husband and wife. Signed by Senior Judge Susan R Bolton on 2/3/22. (MAW) Related: [-]
17		17 motion Amend/Correct Thu 02/03 6:01 AM MOTION to Amend/Correct Complaint by Luxury Auto Collection LLC.(Abate, Antonino) Related: [-]
		Att: 1 Exhibit Exhibit "A" - Proposed First Amended Complaint
Monday, January 24, 2022
16		16 order Clerks Entry of Default Mon 01/24 11:49 AM Clerk's ENTRY OF DEFAULT as to Unknown Walker. (SST) Related: [-]
Thursday, January 20, 2022
15		15 misc Application for Entry of Default Thu 01/20 12:16 PM APPLICATION for Entry of Default by Plaintiff Luxury Auto Collection LLC against Kevin Walker and Jane Doe Walker. (Abate, Antonino) Related: [-]
14		14 service Service Executed Thu 01/20 11:52 AM SERVICE EXECUTED filed by Luxury Auto Collection LLC: Affidavit of Service re: Summons, Complaint and Application for Injunction upon Jane Doe Walker on 12/8/21. (Abate, Antonino) Related: [-]
Wednesday, January 19, 2022
13		13 minute_ord Minute Order Wed 01/19 2:42 PM MINUTE ORDER: In response to the Plaintiff's Application and Affidavit for Entry of Default (Doc.10 ), the Clerk's Office has entered the default of Defendant Kevin Walker only (see Doc.12 ). At the present time, there is no proof of service filed on the Court's docket indicating that Jane Doe Walker has also been served. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) Related: [-]
12		12 order Clerks Entry of Default Wed 01/19 11:49 AM Clerk's ENTRY OF DEFAULT as to Kevin Walker. (SMH) Related: [-]
Friday, January 14, 2022
11		11 misc Report - Status Fri 01/14 1:16 PM STATUS REPORT re Application for Default by Luxury Auto Collection LLC. (Abate, Antonino) Related: [-]
10		10 motion Entry of Default Fri 01/14 1:14 PM MOTION for Entry of Default as to ALL Defendants by Luxury Auto Collection LLC. (Abate, Antonino) Related: [-]
Tuesday, January 11, 2022
9		9 1 pgs order Order ~Util - Set Deadlines Tue 01/11 2:13 PM ORDER: After review of the docket, the Court notes that service on Defendant was made on December 8, 2021. No answer has been filed and no application for entry of default has been made. IT IS ORDERED that counsel for the Plaintiff file a status report within 7 days of the date of this Order. IT IS FURTHER ORDERED that the matter will be dismissed without further notice 7 days from the date of this Order if counsel fails to file a status report. Signed by Senior Judge Susan R Bolton on 1/11/22. (MAW) Related: [-]
8		8 service Service Executed Tue 01/11 12:01 PM SERVICE EXECUTED filed by Luxury Auto Collection LLC: Affidavit of Service re: Summons, Complaint and Application for Injunction upon Defendant Kevin Walker on 12/8/21. (Abate, Antonino) Related: [-]
Wednesday, December 01, 2021
7		7 motion Preliminary Injunction Wed 12/01 4:24 PM MOTION for Preliminary Injunction by Luxury Auto Collection LLC.(Abate, Antonino) Related: [-]
		Att: 1 Proposed Order Order re Hearing
6		6 service Summons Issued Wed 12/01 11:37 AM Summons Issued as to Kevin Walker and Unknown Walker.(SCA) Related: [-]
		Att: 1 Summons
5		5 misc Notice of Deficiency (Text Only) Wed 12/01 10:29 AM NOTICE TO FILER OF DEFICIENCY re:1 Complaint filed by Luxury Auto Collection LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCA) Related: [-]
Tuesday, November 30, 2021
4		4 misc New Case Opened Wed 12/01 10:29 AM Filing fee paid, receipt number 0970-20111620. This case has been assigned to the Honorable Susan R Bolton. All future pleadings or documents should bear the correct case number: CV 21-02025 PHX-SRB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA) Related: [-]
3		3 service Summons Submitted Wed 12/01 10:28 AM SUMMONS Submitted by Luxury Auto Collection LLC. (Abate, Antonino)(SCA) Related: [-]
		Att: 1 Summons
2		2 misc Corporate Disclosure Statement Wed 12/01 10:27 AM Corporate Disclosure Statement by Luxury Auto Collection LLC. (Abate, Antonino) (SCA) Related: [-]
1		1 cmp Complaint Wed 12/01 10:17 AM COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-20111620 filed by Luxury Auto Collection LLC. (Abate, Antonino)(SCA) Related: [-]
		Att: 1 Civil Cover Sheet

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