Arizona District Court
Judge:Diane J Humetewa
Case #: 2:23-cv-01750
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause28:1441 Petition for Removal- Declaratory Judgement
Case Filed:Aug 22, 2023
Terminated:Sep 28, 2023
Last checked: Sunday Feb 18, 2024 1:49 AM MST
Defendant
901 North Tweedy LLC
Represented By
Lorena C Van Assche
Thorpe Shwer PC
contact info
David A Ferris
Ub Greensfelder Llp - Columbus Oh - State St.
contact info
Bradley David Shwer
Thorpe Shwer PC
contact info
Sarah Miller Benoit
Ub Greensfelder Llp - Columbus Oh - State St.
contact info
Defendant
Duramax Holdings LLC
Represented By
Lorena C Van Assche
Thorpe Shwer PC
contact info
David A Ferris
Ub Greensfelder Llp - Columbus Oh - State St.
contact info
Bradley David Shwer
Thorpe Shwer PC
contact info
Sarah Miller Benoit
Ub Greensfelder Llp - Columbus Oh - State St.
contact info
Defendant
Otto Environmental Systems North America Incorporated
Represented By
Mitchell P. Reber
Dickinson Wright PLLC
contact info
Bradley Anthony Burns
Dickinson Wright PLLC
contact info
Defendant
Otto Real Estate Arizona LLC
Represented By
Mitchell P. Reber
Dickinson Wright PLLC
contact info
Bradley Anthony Burns
Dickinson Wright PLLC
contact info
Defendant
Unknown Parties
Plaintiff
Jerry Ivy Separate Property Revocable Trust dated 4/20/90
Represented By
John Dean Curtis, II
Burch & Cracchiolo PA
contact info
Casey S Blais
Burch & Cracchiolo PA
contact info
Casey Scott Blais
Burch & Cracchiolo PA
contact info
Andrew Abraham
Burch & Cracchiolo PA
contact info


Docket last updated: 05/14/2025 11:59 PM MST
Friday, October 27, 2023
16 16 5 pgs order Order re Rule 12(b) Motions ~Util - Set Deadlines Fri 10/27 8:21 AM
ORDER: Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than January 24, 2024. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. Unless the Court orders otherwise, on January 25, 2024, the Clerk of Court, without further notice, shall terminate any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED directing any party appearing pro se to become familiar with the Local Rules and the Federal Rules of Civil Procedure. See attached Order for complete details. Signed by Judge Diane J Humetewa on 10/26/2023. (CSL)
Related: [-]
Thursday, September 28, 2023
15 15 minute_ord ~Util - Terminate Civil Case Thu 09/28 11:27 AM
MINUTE ORDER: Pursuant to Plaintiff's Notice of Voluntary Dismissal (Doc.14 ) this civil case is hereby terminated and the Rule 16 Scheduling Conference set for October 30, 2023 is vacated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
Related: [-]
14 14 notice Notice of Voluntary Dismissal - Entire Case/Action Thu 09/28 9:19 AM
NOTICE of Voluntary Dismissal by Jerry Ivy Separate Property Revocable Trust dated 4/20/90. (Curtis, John)
Related: [-]
Wednesday, September 13, 2023
13 13 1 pgs order Order on Stipulation Wed 09/13 9:17 AM
ORDER approving the Stipulation12 and allowing until September 29, 2023 for Defendants 901 North Tweedy, LLC and Duramax Holdings, LLC, Defendants Otto Environmental Systems North America, Inc. and Otto Real Estate Arizona, LLC to answer or otherwise respond to the Complaint. Signed by Judge Diane J Humetewa on 9/13/2023. (REK)
Related: [-]
Tuesday, September 12, 2023
12 12 misc Stipulation For Extension of Time To Answer Complaint Tue 09/12 2:33 PM
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re:1 Notice of Removal, by 901 North Tweedy LLC, Duramax Holdings LLC.(Van Assche, Lorena)
Related: [-]
Att: 1 Proposed Order Proposed Order
Tuesday, September 05, 2023
11 11 misc Corporate Disclosure Statement Tue 09/05 12:20 PM
Corporate Disclosure Statement by Duramax Holdings LLC. (Ferris, David)
Related: [-]
10 10 misc Corporate Disclosure Statement Tue 09/05 12:17 PM
Corporate Disclosure Statement by 901 North Tweedy LLC. (Ferris, David)
Related: [-]
Thursday, August 31, 2023
misc Remark re Pro Hac Vice Motion Thu 08/31 3:21 PM
Remark: Pro hac vice motion(s) granted for Sarah Miller Benoit on behalf of Defendants 901 North Tweedy LLC, Duramax Holdings LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
Related: [-]
Wednesday, August 30, 2023
misc Remark re Pro Hac Vice Motion Wed 08/30 3:31 PM
Remark: Pro hac vice motion(s) granted for David A Ferris on behalf of Defendants 901 North Tweedy LLC, Duramax Holdings LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
Related: [-]
Tuesday, August 29, 2023
9 9 1 pgs order Order on Stipulation Tue 08/29 3:39 PM
ORDER granting5 Stipulation For Extension of Time To Answer Complaint: An extension until 9/19/2023 for Defendant to answer or otherwise respond to the Complaint. Signed by Judge Diane J Humetewa on 8/29/23. (DXD)
Related: [-]
8 8 5 pgs order Order ~Util - Set/Reset Deadlines/Hearings Tue 08/29 11:54 AM
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference set for 10/30/2023 at 03:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. IT IS FINALLY ORDERED that Plaintiff(s) shall serve a copy of this order upon any Defendant(s) who have not yet appeared and shall file notice of service. Signed by Judge Diane J Humetewa on 8/28/23. (REK)
Related: [-]
7 7 5 pgs order Order re Rule 12(b) Motions ~Util - Set Deadlines Tue 08/29 11:49 AM
ORDER: Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than October 25, 2023. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. Unless the Court orders otherwise, on October 26, 2023, the Clerk of Court, without further notice, shall terminate any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See attached Order for complete details. Signed by Judge Diane J Humetewa on 8/28/23. (REK)
Related: [-]
Monday, August 28, 2023
6 6 notice Notice of Appearance/Association of Counsel Mon 08/28 5:45 PM
NOTICE of Appearance by Bradley Anthony Burns on behalf of Otto Environmental Systems North America Incorporated, Otto Real Estate Arizona LLC. (Burns, Bradley)
Related: [-]
5 5 misc Stipulation For Extension of Time To Answer Complaint Mon 08/28 4:55 PM
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by 901 North Tweedy LLC, Duramax Holdings LLC.(Van Assche, Lorena)
Related: [-]
Att: 1 Proposed Order Proposed Order
Friday, August 25, 2023
4 4 1 pgs order Order of Recusal Fri 08/25 3:19 PM
ORDER OF RECUSAL. Senior Judge Roslyn O Silver recused. Case reassigned to Judge Diane J Humetewa for all further proceedings. All future pleadings and papers submitted for filing shall bear the following complete case number: CV 23-01750 PHX-DJH. Signed by Senior Judge Roslyn O Silver on 8/25/2023. (RMV)
Related: [-]
Wednesday, August 23, 2023
3 3 notice Notice of Deficiency re Corporate Disclosure Statement Wed 08/23 2:56 PM
NOTICE TO PARTY 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 901 North Tweedy LLC, Duramax Holdings LLC. (ARC)
Related: [-]
Tuesday, August 22, 2023
2 2 misc New Case Opened Wed 08/23 2:49 PM
Filing fee paid, receipt number AAZDC-22229784. This case has been assigned to the Honorable Roslyn O Silver. All future pleadings or documents should bear the correct case number: CV 23-1750 PHX-ROS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC)
Related: [-]
1 1 cmp Notice of Removal Wed 08/23 2:33 PM
NOTICE OF REMOVAL from Pinal County Superior Court, case number S1100CV202301534. Filing fee received: $ 402.00, receipt number AAZDC-22229784 filed by Duramax Holdings LLC, 901 North Tweedy LLC. (Shwer, Bradley)(ARC)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Supplemental Civil Cover Sheet,
Att: 3 Exhibit 1,
Att: 4 Exhibit 2,
Att: 5 Exhibit 3,
Att: 6 Exhibit 4,
Att: 7 Exhibit 5
service Service Executed Wed 08/23 2:47 PM
***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED : Certificate of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon 901 North Tweedy LLC on 8/1/2023. (Original filed in Pinal County Superior Court on 8/15/2023); upon Otto Real Estate Arizona LLC on 7/31/2023. (Original filed in Pinal County Superior Court on 8/4/2023); upon Otto Environmental Systems North America Incorporated on 7/31/2023. (Original filed in Pinal County Superior Court on 8/4/2023); upon Duramax Holdings LLC on 7/31/2023. (Original filed in Pinal County Superior Court on 8/4/2023). (ARC)
Related: [-]