Spadafor et al v. Ascensus LLC et al
| Arizona District Court | |
| Judge: | Susan M Brnovich |
| Case #: | 2:23-cv-01944 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1441 Petition for Removal- Breach of Contract |
| Case Filed: | Sep 18, 2023 |
| Last checked: Saturday Mar 16, 2024 2:28 AM MST |
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Defendant
Ascensus LLC
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Represented By
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Defendant
FuturePlan Administrative Services LLC
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Represented By
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Plaintiff
Christine Spadafor
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Represented By
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Plaintiff
SpadaforClay Group Incorporated
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Represented By
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Plaintiff
SpadaforClay Group Incorporated 401(k) Profit Sharing Plan
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Represented By
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| Docket last updated: 04/24/2025 11:59 PM MST |
| Wednesday, April 09, 2025 | ||
| 42 | 42
2
pgs
order
Order on Motion to Stay
Wed 04/09 1:54 PM
ORDER that the Joint Motion to Stay is GRANTED. IT IS FURTHER ORDERED that all discovery is stayed and all pending case deadlines, including the deadlines set forth in the August 15, 2024 Scheduling Order (Doc.31 ), are stayed through June 10, 2025. IT IS FURTHER ORDERED the July 16, 2025 trial setting conference is vacated. Signed by Judge Susan M. Brnovich on 4/9/2024. (ESG) |
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| Monday, April 07, 2025 | ||
| 41 | 41
misc
Report - Status
Mon 04/07 2:14 PM
JOINT STATUS REPORT and Joint Motion to Stay by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan.(Gilson, Thomas) |
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Att: 1
Proposed Order Order Granting Joint Motion to Stay
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| Saturday, March 22, 2025 | ||
| 40 | 40
misc
Report - Status
Sat 03/22 10:20 AM
JOINT STATUS REPORT by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. (Gilson, Thomas) |
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| Wednesday, January 29, 2025 | ||
| 39 | 39
notice
Notice of Change of Address/Email/Firm Name (Attorney)
Wed 01/29 9:45 AM
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/EMAIL/FIRM NAME by Sarah Martin Humble. (Humble, Sarah) |
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| Wednesday, December 18, 2024 | ||
| 38 | 38
3
pgs
notice
Notice of Attorney Termination/Withdrawal
Wed 12/18 11:13 AM
NOTICE of Attorney Termination/Withdrawal of Sean C. Abouchedid filed by Kara P Wheatley. (Wheatley, Kara) |
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| Tuesday, December 17, 2024 | ||
| 37 | 37
1
pgs
order
Order on Motion to Stay
Tue 12/17 3:36 PM
ORDER that the Joint36 Motion to Stay Pending Mediation is GRANTED. IT IS FURTHER ORDERED that all discovery is stayed and all pending case deadlines, including the deadlines set forth in the August 15, 2024 Scheduling Order (Doc.31 ), are stayed through and until April 11, 2025. IT IS FURTHER ORDERED that no later than three business days after the mediation, the parties will file a joint status report and, if necessary, a revised proposed case management schedule. Signed by Judge Susan M. Brnovich on 12/17/2024. (ESG) |
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| Friday, December 13, 2024 | ||
| 36 | 36
motion
Stay
Fri 12/13 11:23 AM
Joint MOTION to Stay re:31 Order on Stipulation,, Set/Reset Deadlines/Hearings, Pending Mediation by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan.(Gilson, Thomas) |
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Att: 1
Proposed Order Order Granting Joint Motion to Stay Pending Mediation
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| Thursday, December 12, 2024 | ||
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misc
Remark re Pro Hac Vice Motion
Thu 12/12 9:17 AM
Remark: Pro hac vice motion(s) granted for Hannah Stephens on behalf of Defendants Ascensus LLC, FuturePlan Administrative Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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| Wednesday, December 11, 2024 | ||
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misc
Remark re Pro Hac Vice Motion
Wed 12/11 8:41 AM
Remark: Pro hac vice motion(s) granted for Kara P Wheatley on behalf of Defendants Ascensus LLC, FuturePlan Administrative Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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| Wednesday, December 04, 2024 | ||
| 35 | 35
notice
Notice of Service of Discovery
Wed 12/04 12:38 PM
NOTICE of Service of Discovery filed by Ascensus LLC, FuturePlan Administrative Services LLC. (Humble, Sarah) |
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| Tuesday, November 26, 2024 | ||
| 34 | 34
notice
Notice of Service of Discovery
Tue 11/26 4:51 PM
NOTICE of Service of Discovery filed by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. (Gilson, Thomas) |
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| Wednesday, October 23, 2024 | ||
| 33 | 33
6
pgs
notice
Notice of Deposition
Wed 10/23 3:44 PM
NOTICE of Deposition of Mallory Young, filed by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. (Gilson, Thomas) |
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| 32 | 32
6
pgs
notice
Notice of Deposition
Wed 10/23 3:43 PM
NOTICE of Deposition of Michael Eaton, filed by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. (Gilson, Thomas) |
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| Thursday, August 15, 2024 | ||
| 31 | 31
2
pgs
order
Order on Stipulation ~Util - Set/Reset Deadlines/Hearings
Thu 08/15 2:56 PM
ORDER pursuant to the parties'30 Stipulation, IT IS HEREBY ORDERED modifying the 2/8/2024 Scheduling Order as follows: Discovery due by 1/17/2025. Dispositive motions due by 7/2/2025. IT IS FURTHER ORDERED the March 14, 2025 Trial Setting Conference is reset to 7/16/2025 at 8:45 a.m. (15 minutes allowed). See attached Order for complete details. Signed by Judge Susan M. Brnovich on 8/15/2024. (ESG) |
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| 30 | 30
6
pgs
misc
Stipulation
Thu 08/15 11:56 AM
STIPULATION to Modify Scheduling Order re:21 Order,, Set/Reset Deadlines/Hearings, by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan.(Gilson, Thomas) |
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Att: 1
Order Modifying Schedule
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| Monday, July 01, 2024 | ||
| 29 | 29
notice
Notice of Service of Discovery
Mon 07/01 2:48 PM
NOTICE of Service of Discovery filed by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. (Gilson, Thomas) |
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| Wednesday, June 05, 2024 | ||
| 28 | 28
notice
Notice of Service of Discovery
Wed 06/05 3:47 PM
NOTICE of Service of Discovery filed by Ascensus LLC, FuturePlan Administrative Services LLC. (Hoffman, Ari) |
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misc
Remark re Pro Hac Vice Motion
Wed 06/05 9:25 AM
Remark: Pro hac vice motion(s) granted for Johanna L Matloff on behalf of Plaintiffs Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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| Monday, April 22, 2024 | ||
| 27 | 27
notice
Notice of Service of Discovery
Mon 04/22 5:05 PM
NOTICE of Service of Discovery filed by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. (Gilson, Thomas) |
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| Thursday, April 18, 2024 | ||
| 26 | 26
9
pgs
order
Protective Order
Thu 04/18 2:47 PM
STIPULATED PROTECTIVE ORDER that the Joint25 Motion is GRANTED. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 4/18/2024. (ESG) |
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| Wednesday, April 17, 2024 | ||
| 25 | 25
motion
Protective Order
Wed 04/17 10:58 AM
MOTION for Protective Order JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER by Ascensus LLC, FuturePlan Administrative Services LLC.(Hoffman, Ari) |
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Att: 1
Proposed Order Stipulated Confidentiality Order
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| Monday, March 25, 2024 | ||
| 24 | 24
notice
Notice of Service of Discovery
Mon 03/25 1:38 PM
NOTICE of Service of Discovery filed by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. (Gilson, Thomas) |
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| Friday, March 22, 2024 | ||
| 23 | 23
notice
Notice of Service of Discovery
Fri 03/22 3:47 PM
NOTICE of Service of Discovery filed by Ascensus LLC, FuturePlan Administrative Services LLC. (Hoffman, Ari) |
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| 22 | 22
notice
Notice of Appearance/Association of Counsel
Fri 03/22 1:14 PM
NOTICE of Appearance by Ari Hoffman on behalf of Ascensus LLC, FuturePlan Administrative Services LLC. (Hoffman, Ari) |
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| Thursday, February 29, 2024 | ||
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misc
Remark re Pro Hac Vice Motion
Thu 02/29 2:54 PM
Remark: Pro hac vice motion(s) granted for Peter A Hutchinson on behalf of Plaintiffs Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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| Tuesday, February 20, 2024 | ||
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misc
Remark re Pro Hac Vice Motion
Tue 02/20 7:00 AM
Remark: Pro hac vice motion(s) granted for Jordan D Mamorsky on behalf of Plaintiffs Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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| Thursday, February 08, 2024 | ||
| 21 | 21
2
pgs
order
Order ~Util - Set/Reset Deadlines/Hearings
Thu 02/08 3:57 PM
ORDER Pursuant to the parties' Joint Status Report (Doc.19 ), the Court enters the following amended scheduling order. Discovery due by 9/17/2024. Dispositive motions due by 2/28/2025. IT IS FURTHER ORDERED the 1/15/2025 Trial Setting Conference is reset to 3/14/2025 at 8:45 a.m. (15 minutes allowed). See attached Order for complete details. Signed by Judge Susan M. Brnovich on 2/8/2024. (ESG) |
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| 20 | 20
order
Order ~Util - Terminate Deadlines ~Util - Set/Clear Flags
Thu 02/08 2:54 PM
ORDER Upon review of the parties Joint Status Report (Doc.19 ), IT IS ORDERED lifting the stay issued on December 27, 2023. Ordered by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) |
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| Monday, February 05, 2024 | ||
| 19 | 19
2
pgs
misc
Report - Status
Mon 02/05 4:52 PM
STATUS REPORT -Joint by Ascensus LLC, FuturePlan Administrative Services LLC.(Humble, Sarah) |
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Att: 1
Proposed Order Proposed Revised Case Management Order
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| 18 | 18
notice
Notice of Change of Address/Firm Name (Attorney)
Mon 02/05 11:40 AM
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Thomas Andrew Gilson. (Gilson, Thomas) |
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| Wednesday, December 27, 2023 | ||
| 17 | 17
1
pgs
order
Order on Motion to Stay
Wed 12/27 4:00 PM
ORDER that the Joint16 Motion to Stay Pending Mediation is GRANTED. IT IS FURTHER ORDERED that no later than three business days after the mediation, the parties will file a joint status report and, if necessary, a revised proposed case management schedule. Signed by Judge Susan M. Brnovich on 12/27/2023. (ESG) |
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| Wednesday, December 20, 2023 | ||
| 16 | 16
motion
Stay
Wed 12/20 3:34 PM
Joint MOTION to Stay Pending Mediation by Ascensus LLC, FuturePlan Administrative Services LLC.(Humble, Sarah) |
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Att: 1
Proposed Order Proposed Order Granting Joint Motion to Stay Pending Mediation
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| Friday, December 08, 2023 | ||
| 15 | 15
3
pgs
notice
Notice of Deficiency re Corporate Disclosure Statement
Fri 12/08 10:50 AM
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 Ascensus LLC and FuturePlan Administrative Services LLC. (ESG) |
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| Friday, November 17, 2023 | ||
| 14 | 14
22
pgs
answer
Answer to Complaint
Fri 11/17 4:59 PM
Defendants' ANSWER to Complaint by Ascensus LLC, FuturePlan Administrative Services LLC.(Humble, Sarah) |
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| Tuesday, October 31, 2023 | ||
| 13 | 13
order
Scheduling Order ~Util - Terminate Hearings
Tue 10/31 4:11 PM
SCHEDULING ORDER: Discovery due by 7/17/2024. Dispositive motions due by 12/30/2024. IT IS ORDERED the 11/3/2023 Rule 16 Case Management Conference is vacated. On 1/15/2025 at 8:45 a.m. (15 minutes allowed), the Court will conduct a telephonic trial setting conference. Participants shall have their calendars available for the conference. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 10/31/2023. (ESG) |
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| Friday, October 27, 2023 | ||
| 12 | 12
misc
Report - Rule 26(f) Planning Meeting (Proposed Case Mgt Plan)
Fri 10/27 12:49 PM
REPORT of Rule 26(f) Planning Meeting by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. (Gilson, Thomas) |
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| Wednesday, October 04, 2023 | ||
| 11 | 11
3
pgs
misc
Corporate Disclosure Statement
Wed 10/04 9:24 AM
Corporate Disclosure Statement by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan. (Gilson, Thomas) |
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| Monday, September 25, 2023 | ||
| 10 | 10
notice
Notice (Other)
Mon 09/25 12:44 PM
NOTICE re: Service of The Court's September 18, 2023 Order by Christine Spadafor, SpadaforClay Group Incorporated, SpadaforClay Group Incorporated 401(k) Profit Sharing Plan re:6 Order, . (Gilson, Thomas) |
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misc
Remark re Pro Hac Vice Motion
Mon 09/25 10:48 AM
Remark: Pro hac vice motion(s) granted for Samuel I Levin on behalf of Defendants Ascensus LLC, FuturePlan Administrative Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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| Thursday, September 21, 2023 | ||
| 9 | 9
1
pgs
order
Order on Motion for Extension of Time to Answer
Thu 09/21 10:27 AM
ORDER the Joint Stipulation is granted. Defendants may answer or otherwise respond to the Complaint by November 17, 2023. Signed by Judge Susan M. Brnovich on 9/21/2023. (ESG) |
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misc
Remark re Pro Hac Vice Motion
Thu 09/21 1:38 PM
Remark: Pro hac vice motion(s) granted for Sean Abouchedid on behalf of Defendants Ascensus LLC, FuturePlan Administrative Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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| Wednesday, September 20, 2023 | ||
| 8 | 8
motion
Extension of Time to File Answer
Wed 09/20 4:48 PM
MOTION for Extension of Time to File Answer by Ascensus LLC, FuturePlan Administrative Services LLC.(Humble, Sarah) |
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Att: 1
Proposed Order Proposed Order Granting Joint Stipulation for Extension for Extension of Time to Respond to Plaintiffs' Complaint
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| Tuesday, September 19, 2023 | ||
| 7 | 7
5
pgs
order
Order ~Util - Set/Reset Hearings
Tue 09/19 11:05 AM
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Management Conference is set for 11/3/2023 at 8:45 a.m. (15 minutes allowed). The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. The parties are directed to meet and confer at least 10 days before the Case Management Conference as required by Federal Rule of Civil Procedure 26(f). The parties shall jointly file the Case Management Report with the Clerk not less than seven days before the Case Management Conference. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 9/18/2023. (ESG) |
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| 6 | 6
4
pgs
order
Order
Tue 09/19 10:56 AM
ORDER this matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details . Signed by Judge Susan M. Brnovich on 9/18/2023. (ESG) |
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| Monday, September 18, 2023 | ||
| 5 | 5
notice
Notice of Deficiency re Corporate Disclosure Statement
Mon 09/18 2:51 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 SpadaforClay Group Incorporated. (MYE) |
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| 4 | 4
misc
Corporate Disclosure Statement
Mon 09/18 2:43 PM
**Document duplicate of entry of (Doc.3 ). Corporate Disclosure Statement by Ascensus LLC, FuturePlan Administrative Services LLC. (Humble, Sarah) (MYE) Modified on 9/18/2023 (MYE) |
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| 3 | 3
misc
Corporate Disclosure Statement
Mon 09/18 2:07 PM
Corporate Disclosure Statement by Ascensus LLC, FuturePlan Administrative Services LLC. (Humble, Sarah) |
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| 2 | 2
misc
New Case Opened
Mon 09/18 1:45 PM
Filing fee paid, receipt number AAZDC-22304456. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV 23-1944 PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) |
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| 1 | 1
4
pgs
cmp
Notice of Removal
Mon 09/18 1:28 PM
NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-012281. Filing fee received: $ 402.00, receipt number AAZDC-22304456 filed by Ascensus LLC, FuturePlan Administrative Services LLC. (Humble, Sarah)(MYE) |
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Att: 1
Exhibit A- Civil Cover Sheet and Supplemental Civil Cover Sheet,
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Att: 2
3 pgs
Exhibit B,
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Att: 3
32 pgs
Exhibit C,
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Att: 4
10 pgs
Exhibit D,
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Att: 5
3 pgs
Exhibit E
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service
Service Executed
Mon 09/18 1:39 PM
***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED : Affidavit of Service re: Summons & Complaint, Certificate of Compulsory Arbitration, Civil Cover Sheet upon Ascensus LLC on 8/18/2023. (Original filed in Maricopa County Superior Court on 8/25/2023.) Affidavit of Service re: Summons & Complaint, Certificate of Compulsory Arbitration, Civil Cover Sheet upon FuturePlan Administrative Services LLC on 8/18/2023. (Original filed in Maricopa County Superior Court on 8/28/2023.) (MYE) |
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