Arizona District Court
Judge:John J Tuchi
Case #: 2:22-cv-00452
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1331 Federal Question: Bivens Act
Case Filed:Mar 23, 2022
Terminated:Oct 04, 2022
Last checked: Monday Sep 19, 2022 2:11 AM MST
Defendant
James John Mireles
Represented By
Duncan Jeffrey Stoutner
Mesa City Attorneys Office
contact info
Plaintiff
Anette Christine Martinez
personal representative of the Estate of Roland Lazaro Reyes 862 S Drew St.
Mesa, AZ 85210
TERMINATED PARTIES
Defendant
Arizona, State of
Terminated: 08/08/2022
Represented By
Kimberly D Chamberlain
Office Of The Attorney General - Phoenix
contact info
Defendant
Mesa, City of
Terminated: 08/08/2022
Represented By
Duncan Jeffrey Stoutner
Mesa City Attorneys Office
contact info
Defendant
United States of America
Terminated: 08/08/2022


Docket last updated: 4 hours ago
Tuesday, October 04, 2022
28 28 1 pgs order Order on Stipulation Order Dismissing Case Tue 10/04 1:41 PM
ORDER: The Stipulation (Doc.27 ), is granted. This matter is dismissed, the parties to bear their own costs and attorneys' fees. Plaintiff's Motion to Allow Electronic Filing by a Party Appearing Without an Attorney (Doc.26 ) is denied as moot. The Clerk is directed to close this matter. Signed by Judge John J Tuchi on 10/4/2022. (CLM)
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Monday, October 03, 2022
27 27 misc Stipulation of Dismissal Mon 10/03 11:05 AM
STIPULATION of Dismissal by James John Mireles.(Stoutner, Duncan)
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Att: 1 Proposed Order Order
Monday, September 26, 2022
26 26 motion Allow Electronic Filing Mon 09/26 10:25 AM
MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Anette Christine Martinez. (CLM)
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25 25 order Scheduling Order Mon 09/26 9:33 AM
SCHEDULING ORDER: Discovery due by 6/1/2023. Dispositive motions due by 8/31/2023. (See attached Order). Signed by Judge John J Tuchi on 9/26/2022. (JAMA)
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24 24 minutes Scheduling Conference 1 - Common Prompts (Text Only) Mon 09/26 9:32 AM
MINUTE ENTRY for proceedings held before Judge John J Tuchi: Scheduling Conference held on 9/26/2022. Deadlines discussed and entered. Scheduling Order to follow. APPEARANCES: Anette Christine Martinez for Plaintiff. Telephonic appearance by Duncan Stoutner for Defendants. (Court Reporter Elaine Cropper.) Hearing held 9:01 AM to 9:30 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
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Wednesday, September 07, 2022
23 23 misc Report - Rule 26(f) Planning Meeting (Proposed Case Mgt Plan) Wed 09/07 8:00 AM
REPORT of Rule 26(f) Planning Meeting by James John Mireles. (Stoutner, Duncan)
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Wednesday, August 10, 2022
22 22 6 pgs order Order ~Util - Set/Reset Hearings Wed 08/10 1:46 PM
ORDER: Telephonic Scheduling Conference set for 9/26/2022 at 09:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. (See attached Order). Signed by Judge John J Tuchi on 8/10/2022. (JAMA)
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Monday, August 08, 2022
21 21 1 pgs order Order on Motion to Dismiss for Failure to State a Claim Mon 08/08 4:23 PM
ORDER: IT IS ORDERED granting Defendants State of Arizona's and City of Mesa's Motions to Dismiss (Docs.11 ,13 ). (See attached Order). Signed by Judge John J Tuchi on 8/5/2022. (JAMA)
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20 20 1 pgs order Order ~Util - Add and Terminate Parties Mon 08/08 2:41 PM
ORDER: IT IS HEREBY ORDERED dismissing this action without prejudice as to Defendant United States of America only, under Fed. R. Civ. P. 41(b). Signed by Judge John J Tuchi on 8/8/2022. (JAMA)
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Monday, August 01, 2022
19 19 answer Answer to Complaint Mon 08/01 3:48 PM
Defendant James Mireles' ANSWER to1 Complaint with Jury Demand by James John Mireles.(Stoutner, Duncan)
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Tuesday, June 21, 2022
18 18 misc Mail Returned Thu 06/23 10:29 AM
Mail Returned as Undeliverable. Mail sent to Anette Christine Martinez. Reason for return: Not deliverable as addressed - Unable to Forward. Document number 14. (ESG)
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Thursday, June 16, 2022
17 17 2 pgs order Order on Motion for Extension of Time to Answer Thu 06/16 1:54 PM
ORDER granting Defendant City of Mesa and Defendant James Mireles'16 Motion for Extension of Time for Defendant Mireles to File Responsive Pleading to Plaintiffs' Complaint. IT IS FURTHER ORDERED extending the deadline for Defendant Mireles to file an answer or otherwise respond to Plaintiff's Complaint (Doc.1 ) is extended to August 1, 2022. Signed by Judge John J. Tuchi on 6/15/2022. (ESG)
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Tuesday, June 14, 2022
16 16 motion Extension of Time to File Answer Tue 06/14 4:07 PM
MOTION for Extension of Time to File Answer by Mesa, City of, James John Mireles. (Stoutner, Duncan)
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Monday, June 06, 2022
15 15 service Service Executed Tue 06/07 10:59 AM
SERVICE EXECUTED: Declaration of Service re: Summons/Complaint/Statement upon James John Mireles on 5/31/2022. (LAD)
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14 14 minutes ~Util - Set/Reset Motion and R&R Deadlines/Hearings Order Mon 06/06 2:53 PM
ORDER: IT IS ORDERED that Plaintiff shall file with the Clerk of the Court and serve on opposing counsel a responsive memorandum to each of Defendants State of Arizona's and City of Mesa's Motions to Dismiss (Docs.11 ,13 ) no later than June 24, 2022. (See attached Order). Signed by Judge John J Tuchi on 6/6/2022. (JAMA)
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Wednesday, June 01, 2022
13 13 motion Dismiss Case Wed 06/01 4:55 PM
MOTION to Dismiss Case by Mesa, City of.(Stoutner, Duncan)
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Att: 1 Supplement Certificate of Conferral
12 12 misc Additional Attachments to Main Document Wed 06/01 4:29 PM
Additional Attachments to Main Document re:11 MOTION to Dismiss for Failure to State a Claim with prejudice Certification of Conferral by Defendant Arizona, State of. (Chamberlain, Kimberly)
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11 11 motion Dismiss for Failure to State a Claim Wed 06/01 4:27 PM
MOTION to Dismiss for Failure to State a Claim with prejudice by Arizona, State of. (Chamberlain, Kimberly)
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Monday, May 23, 2022
10 10 service Service Executed Tue 05/24 3:13 PM
SERVICE EXECUTED filed by Anette Christine Martinez: Declaration of Service re: Summons and Complaint upon State of Arizona on 5/11/2022. (REK)
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9 9 service Service Executed Tue 05/24 3:12 PM
SERVICE EXECUTED filed by Anette Christine Martinez: Declaration of Service re: Summons and Complaint upon City of Mesa on 5/11/2022. (REK)
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Monday, March 28, 2022
8 8 1 pgs order Order on Motion for Miscellaneous Relief Mon 03/28 2:27 PM
ORDER: IT IS ORDERED denying Plaintiff's Motion to be served by the United States Marshals (Doc.7 ), and Plaintiff is responsible for service of process as provided in the Federal Rules of Civil Procedure. (See attached Order). Signed by Judge John J Tuchi on 3/28/2022. (JAMA)
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Thursday, March 24, 2022
7 7 motion Miscellaneous Relief Fri 03/25 11:43 AM
MOTION for Service by the United States Marshals by Anette Christine Martinez. (DXD)
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6 6 2 pgs order Order ~Util - Set Deadlines Thu 03/24 2:44 PM
ORDER: IT IS FURTHER ORDERED that this action shall be dismissed without further notice after June 24, 2022, unless before then Plaintiff has properly served Defendant with the Summons and Complaint and has filed with the Clerk of the Court proof thereof pursuant to Rule 4(l) or has shown good cause for the failure to timely serve. (See attached Order). Signed by Judge John J Tuchi on 3/24/2022. (JAMA)
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5 5 2 pgs order Order Thu 03/24 2:42 PM
ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 3/24/2022. (JAMA)
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Wednesday, March 23, 2022
4 4 misc Notice to Self-Represented Litigant Wed 03/23 1:59 PM
NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (HLA)
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3 3 misc New Case Opened Wed 03/23 1:58 PM
Filing fee paid, receipt number PHX236321. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-22-452-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (HLA)
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2 2 service Summons Issued Wed 03/23 1:54 PM
Summons Issued in person at Customer Service Intake Counter as to Arizona, State of, Mesa, City of, James John Mireles, United States of America on 03/23/2022. (HLA)
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1 1 cmp Complaint Wed 03/23 1:52 PM
COMPLAINT. Filing fee received: $ 402.00, receipt number PHX236321 filed by Anette Christine Martinez.(HLA)
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