Labor Smart Incorporated v. Tucker et al
| Arizona District Court | |
| Judge: | Diane J Humetewa |
| Case #: | 2:22-cv-00357 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Fiduciary Duty |
| Case Filed: | Mar 08, 2022 |
| Last checked: Sunday Sep 04, 2022 2:28 AM MST |
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Counter Claimant
Chirine Holley
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Counter Claimant
Michael Holley
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Counter Defendant
Takeover Industries Incorporated
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Defendant
David Eisenberg
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Defendant
Unknown Eisenberg
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Defendant
Chirine Holley
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Defendant
Michael Holley
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Plaintiff
Takeover Industries Incorporated
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ThirdParty Defendant
Toby McBride
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ThirdParty Defendant
Joseph Pavlik
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ThirdParty Defendant
Jason Tucker
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ThirdParty Defendant
Melissa Tucker
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ThirdParty Plaintiff
Michael Holley
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Represented By
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GPO
May 01 2023
ORDER granting in part and denying in part the Moving Parties' Joint Motion to Realign the Parties, Dismiss Parties, Amend the Third-Party Complaint, and Amend the Case Caption (Doc. 123). The Moving Parties' request for dismissal of Third-Party Plaintiff Michael Holley and alignment of Labor Smart, Inc., as Plaintiff in his place under Federal Rule of Civil Procedure 21 is granted. The request for leave to file the Proposed First Amended Complaint (Doc. 123-1) under Rule 15 is denied. The request for Takeover's intervention as of right under Rule 24 is also denied. IT IS FURTHER ORDERED substituting Labor Smart, Inc., as Plaintiff in place of Mr. Holley in the prosecution of the remaining claims in this matter: Claim I (breach of fiduciary duty), Claim II (breach of fiduciary duty), and Claim III (conversion) against Jason and Melissa Tucker, which were initially brought in the amended Third-Party Complaint filed by Mr. Holley (Doc. 67). The amended Third-Party Complaint shall be referred to as the Amended Complaint and the case caption is amended as reflected on the first page of this Order. The Clerk shall make a notation at Docket Entry 67 that the amended Third-Party Complaint is now the Amended Complaint. IT IS FURTHER ORDERED dismissing without prejudice the claims brought by Mr. Holley against Third-Party Defendants Joseph Pavlik and Toby McBride (Doc. 67). IT IS FURTHER ORDERED denying as moot Jason and Melissa Tucker's Motion to Dismiss Derivative Third-Party Claims (Doc. 75). Defendants Jason and Melissa Tucker shall file an Answer to the Amended Complaint (Doc. 67) within the time provided under the Federal Rules of Civil Procedure. Signed by Judge John J Tuchi on 4/28/23. (SMF) |
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GPO
Oct 06 2023
ORDER granting Defendants Jason and Melissa Tucker's Motion to Dismiss (Doc. 134). Claim I of Plaintiff Labor Smart, Inc.'s Amended Complaint (Doc. 67) is dismissed with prejudice. Signed by Judge John J Tuchi on 10/6/23. (SMF) |
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GPO
Jun 24 2024
ORDER granting Defendants Jason and Melissa Tucker's Motion to Set Aside Clerk's Entry of Default 144. The Clerk of Court is directed to set aside the Clerk's Entry of Default 143. IT IS FURTHER ORDERED that Defendants Jason and Melissa Tucker shall file an Answer to the operative Amended Complaint within fourteen days of the date of this Order. Signed by Judge John J Tuchi on 6/24/2024. (KLG) |
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GPO
Apr 10 2025
REPORT AND RECOMMENDATION: IT IS RECOMMENDED that the Motion to Disqualify Attorneys Veronica L. Manolio and Spencer Freeman as Attorneys for Parties Jason and Melissa Tucker, filed by Plaintiff/Counterdefendant Labor Smart, Inc. ("LTNC" ) and Third-Party Defendants Takeover Industries, Inc. ("Takeover"), Joseph Pavlik, Next Gen Beverages, LLC ("Next Gen") Michael Holley and Chirine Holley, Thomas Zarro and Kimberly Zarro and Toby McBride 195 be DENIED. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. The parties shall have 14 days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have 14 days within which to file a response to the objections. Failure to timely file objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. Failure to timely file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party's right to appellate review of the findings of fact in an order of judgment entered pursuant to the Magistrate Judge's recommendation. See document for complete details. Signed by Magistrate Judge Alison S Bachus on 4/9/2025. (KLG) |
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GPO
Apr 28 2025
ORDER that the Report and Recommendation 209 is adopted. The Motion to Disqualify 195 is denied. IT IS FURTHER ORDERED granting Third-Party Claimants Jason and Melissa Tucker's Application for Substitution of Counsel with Client Consent 210 and substituting Spencer Freeman in place of Veronica L. Manolio only as to the Third-Party Claims against Mr. Pavlik. See document for complete details. Signed by Judge Diane J Humetewa on 4/28/2025. (KLG) |
| Docket last updated: 05/20/2025 11:59 PM MST |
| Tuesday, May 20, 2025 | ||
| 216 | 216
order
Order ~Util - Set/Reset Deadlines/Hearings
Tue 05/20 4:01 PM
ORDER this matter is set for a Settlement Conference on 6/24/2025 at 09:15 AM before Magistrate Judge Lynnette C Kimmins. IT IS FURTHER ORDERED that, to ensure the productivity of the settlement conference, the parties must exchange written settlement proposals before the conference. On or before June 2, 2025, any party/parties seeking affirmative relief shall submit a written itemization of damages and settlement demand to the party/parties from whom that relief is sought with a brief explanation of why the settlement demand is appropriate. IT IS FURTHER ORDERED that each party must provide the Court with a Confidential Position Statement on or before 4 PM on June 17, 2025. Signed by Magistrate Judge Lynnette C Kimmins on 5/20/2025. (See attached Order for complete information.)(DLV) |
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