Chabrowski v. Gulf Harbour Investments Corporation
| Arizona District Court | |
| Judge: | John J Tuchi |
| Case #: | 2:22-cv-00673 |
| Nature of Suit | 220 Real Property - Foreclosure |
| Cause | 28:1444 Petition for Removal- Foreclosure |
| Case Filed: | Apr 22, 2022 |
| Terminated: | Mar 20, 2023 |
| Case in other court: | Maricopa County Superior Court, CV2022-051056 |
| Last checked: Wednesday Oct 19, 2022 1:49 AM MST |
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Defendant
Gulf Harbour Investments Corporation
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Represented By
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Plaintiff
Derek Chabrowski
as original Trustor 43021 N 43rd Dr.
Phoenix, AZ 85087 |
GPO
Mar 20 2023
ORDER denying Plaintiff's Motion for Remand (Doc. 15). IT IS FURTHER ORDERED granting Defendant's Motion to Dismiss (Doc. 10) and dismissing Plaintiff's Complaint (Doc. 1-7) in its entirety. IT IS FURTHER ORDERED denying Plaintiff's Motion for Leave to File Amended Complaint (Doc. 13). Because the lodged proposed Amended Complaint (Doc. 14) is futile and any further amendment also would be futile, the Court will not authorize Plaintiff to file an Amended Complaint or to seek leave from the Court to do so. IT IS FURTHER ORDERED granting in part and denying in part Plaintiff's Requests for Judicial Notice (Docs. 20, 25) as set forth in Footnote 3 of this Order. IT IS FURTHER ORDERED denying as moot Plaintiff's Motion to Accept Late Filings (Doc. 24), as the Court has considered Plaintiff's filings pertaining to the instant motions, as set forth in Footnote 4 of this Order. IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment accordingly and close this matter. See document for complete details. Signed by Judge John J Tuchi on 3/20/2023. (WLP) |
| Docket last updated: 05/13/2025 11:59 PM MST |
| Monday, December 23, 2024 | ||
| 34 | 34
appeal
USCA Mandate
Mon 12/23 3:02 PM
MANDATE of USCA - Affirming the District Court Decision, re: 23-15575 as to29 Notice of Appeal by Derek Chabrowski.(EJA) |
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Att: 1
Memorandum
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| Friday, May 12, 2023 | ||
| 32 | 32
appeal
USCA Appeal Fees
Mon 05/15 7:39 AM
USCA Appeal Fees received re:29 Notice of Appeal filed by Derek Chabrowski. Filing Fee $ 505.00, receipt number 200006375. (BAS) |
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| Thursday, April 20, 2023 | ||
| 31 | 31
appeal
USCA Order
Thu 04/20 2:26 PM
ORDER of USCA re:29 Notice of Appeal filed by Derek Chabrowski. A review of this court's docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to district court the $505 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. (See attached PDF for complete information). (BAC) |
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| Wednesday, April 19, 2023 | ||
| 30 | 30
appeal
USCA Case Number
Thu 04/20 2:24 PM
USCA Case Number re:29 Notice of Appeal. Case number 23-15575 Ninth Circuit. (BAC) |
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| Tuesday, April 18, 2023 | ||
| 29 | 29
appeal
Notice of Appeal
Tue 04/18 4:47 PM
NOTICE OF APPEAL to 9th Circuit Court of Appeals re:27 Order,28 Clerks Judgment by Derek Chabrowski. (SMF) |
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| Monday, March 20, 2023 | ||
| 28 | 28
order
Clerks Judgment
Mon 03/20 1:11 PM
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed March 20, 2023, judgment of dismissal is entered. Plaintiff to take nothing, and the complaint and action are dismissed. (WLP) |
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| 27 | 27
12
pgs
order
Order
Mon 03/20 1:09 PM
ORDER denying Plaintiff's Motion for Remand (Doc.15 ). IT IS FURTHER ORDERED granting Defendant's Motion to Dismiss (Doc.10 ) and dismissing Plaintiff's Complaint (Doc.1 -7) in its entirety. IT IS FURTHER ORDERED denying Plaintiff's Motion for Leave to File Amended Complaint (Doc.13 ). Because the lodged proposed Amended Complaint (Doc.14 ) is futile and any further amendment also would be futile, the Court will not authorize Plaintiff to file an Amended Complaint or to seek leave from the Court to do so. IT IS FURTHER ORDERED granting in part and denying in part Plaintiff's Requests for Judicial Notice (Docs.20 ,25 ) as set forth in Footnote 3 of this Order. IT IS FURTHER ORDERED denying as moot Plaintiff's Motion to Accept Late Filings (Doc.24 ), as the Court has considered Plaintiff's filings pertaining to the instant motions, as set forth in Footnote 4 of this Order. IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment accordingly and close this matter. See document for complete details. Signed by Judge John J Tuchi on 3/20/2023. (WLP) |
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| Friday, August 19, 2022 | ||
| 26 | 26
notice
Notice of Attorney Substitution (Within Firm Only)
Fri 08/19 9:00 AM
NOTICE of Attorney Substitution by Renee M Parker. (Parker, Renee) |
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| Monday, July 25, 2022 | ||
| 25 | 25
misc
Request
Wed 07/27 10:18 AM
SECOND REQUEST for Judicial Notice in Support of15 Motion to Remand by Plaintiff Derek Chabrowski. (LAD) (3 pages) |
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| Friday, July 15, 2022 | ||
| 24 | 24
motion
Miscellaneous Relief
Tue 07/19 1:18 PM
MOTION to Accept Late Filings filed by Derek Chabrowski. (SMH) (2 pages) |
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| 23 | 23
respm
Reply to Response to Motion
Tue 07/19 1:14 PM
Plaintiff's REPLY to Defendant's Response to15 MOTION to Remand to State Court filed by Derek Chabrowski. (SMH) (4 pages) |
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| Monday, July 11, 2022 | ||
| 22 | 22
respm
Reply to Response to Motion
Wed 07/13 9:31 AM
REPLY to Response to Motion re:20 MOTION Request for Judicial Notice re:18 Response in Opposition to Motion filed by Derek Chabrowski. (5 Pages) (REK) |
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| Thursday, June 30, 2022 | ||
| 21 | 21
misc
Objection
Thu 06/30 5:07 PM
OBJECTION re:20 MOTION Request for Judicial Notice re:18 Response in Opposition to Motion Objection to Plaintiff's Request for Judicial Notice by Defendant Gulf Harbour Investments Corporation. (Schulz, Alexander) |
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| Friday, June 24, 2022 | ||
| 20 | 20
motion
Miscellaneous Relief
Mon 06/27 11:15 AM
MOTION/Request for Judicial Notice in Support of Plaintiffs' Responsive Memorandum re:18 Response in Opposition to Motion filed by Derek Chabrowski. (SMH) (15 pages) |
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| Monday, June 20, 2022 | ||
| 19 | 19
respm
Reply to Response to Motion
Mon 06/20 4:21 PM
REPLY to Response to Motion re:10 MOTION to Dismiss Case filed by Gulf Harbour Investments Corporation.(Schulz, Alexander) |
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Att: 1
Exhibit Exhibit 1
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| Monday, June 13, 2022 | ||
| 18 | 18
respm
Response in Opposition to Motion
Mon 06/13 3:41 PM
RESPONSE in Opposition to10 MOTION to Dismiss Case filed by Derek Chabrowski. (LAD) (8 pages, entitled Plaintiff's Responsive Memorandum in Objection to Defendant's Motion to Dismiss) |
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| Monday, June 06, 2022 | ||
| 17 | 17
respm
Response to Motion
Mon 06/06 5:14 PM
RESPONSE to Motion re:13 MOTION for Leave to File First Amended Complaint and Memorandum of Law filed by Gulf Harbour Investments Corporation. (Schulz, Alexander) |
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| 16 | 16
respm
Response to Motion
Mon 06/06 4:18 PM
RESPONSE to Motion re:15 MOTION to Remand to State Court filed by Gulf Harbour Investments Corporation. (Schulz, Alexander) |
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| Monday, May 23, 2022 | ||
| 15 | 15
motion
Remand to State Court
Wed 05/25 3:47 PM
MOTION for Remand by Derek Chabrowski. (SST) (3 pages) |
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| 14 | 14
respoth
Lodged Proposed Document
Wed 05/25 3:45 PM
LODGED Proposed Amended Complaint for Damages and Declaratory Relief re:13 MOTION for Leave to File Amended Complaint and Memorandum of Law. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Derek Chabrowski. (SST) (14 pages) |
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| 13 | 13
motion
Leave to File Document
Wed 05/25 3:42 PM
MOTION for Leave to File Amended Complaint and Memorandum of Law by Derek Chabrowski. (SST) (4 pages) |
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| Friday, May 20, 2022 | ||
| 12 | 12
misc
Mail Returned
Fri 05/20 4:26 PM
Mail Returned as Undeliverable. Mail sent to Derek Chabrowski. Reason for return: Return to sender, not deliverable as addressed, unable to forward. Document numbers 6 & 7. (SMH) |
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| Tuesday, May 17, 2022 | ||
| 11 | 11
minutes
~Util - Set/Reset Motion and R&R Deadlines/Hearings Order
Tue 05/17 8:24 AM
ORDER: IT IS ORDERED that Plaintiff shall file with the Clerk of the Court and serve on opposing counsel a responsive memorandum to Defendant Gulf Harbour Investments Corporations Motion to Dismiss (Doc.10 ) no later than June 10, 2022. (See attached Order). Signed by Judge John J Tuchi on 5/16/2022. (JAMA) |
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| Thursday, May 12, 2022 | ||
| 10 | 10
motion
Dismiss Case
Thu 05/12 4:52 PM
MOTION to Dismiss Case by Gulf Harbour Investments Corporation.(Schulz, Alexander) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Exhibit Exhibit 4,
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Att: 5
Exhibit Exhibit 5,
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Att: 6
Exhibit Exhibit 6,
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Att: 7
Exhibit Exhibit 7,
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Att: 8
Exhibit Exhibit 8,
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Att: 9
Exhibit Exhibit 9,
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Att: 10
Exhibit Exhibit 10,
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Att: 11
Exhibit Exhibit 11
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| Friday, May 06, 2022 | ||
| 9 | 9
misc
Corporate Disclosure Statement
Fri 05/06 1:45 PM
Corporate Disclosure Statement by Gulf Harbour Investments Corporation. (Schulz, Alexander) |
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| Thursday, May 05, 2022 | ||
| 8 | 8
misc
Request by Non-Prisoner Pro Se Party for Electronic Noticing
Thu 05/05 1:43 PM
REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Derek Chabrowski. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS) |
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| Tuesday, April 26, 2022 | ||
| 7 | 7
2
pgs
order
Order ~Util - Set Deadlines
Tue 04/26 3:03 PM
ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on July 25, 2022. (See attached Order). Signed by Judge John J Tuchi on 4/26/2022. (JAMA) |
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| 6 | 6
2
pgs
order
Order
Tue 04/26 3:02 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 4/26/2022. (JAMA) |
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| Friday, April 22, 2022 | ||
| 5 | 5
misc
Additional Attachments to Main Document
Fri 04/22 4:20 PM
Additional Attachments to Main Document re:1 Notice of Removal, Exhibit 5 - Supp. Cover Sheet by Defendant Gulf Harbour Investments Corporation. (Harper, Christina) |
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| 4 | 4
misc
Notice to Self-Represented Litigant
Fri 04/22 4:09 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. (MYE) |
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| 3 | 3
notice
Notice of Deficiency re Corporate Disclosure Statement
Fri 04/22 4:08 PM
NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Gulf Harbour Investments Corporation. (MYE) |
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| 2 | 2
misc
New Case Opened
Fri 04/22 4:07 PM
Filing fee paid, receipt number AAZDC-20588818. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-22-673-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) |
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| 1 | 1
cmp
Notice of Removal
Fri 04/22 3:53 PM
NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-051056. Filing fee received: $ 402.00, receipt number AAZDC-20588818 filed by Gulf Harbour Investments Corporation. (Harper, Christina)(MYE) |
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Att: 1
Exhibit 4- Civil Cover Sheet,
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Att: 2
Exhibit 5- Supplemental Civil Cover Sheet,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2,
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Att: 5
Exhibit 3,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10
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