This case was last updated from PACER on 07/12/2019 at 07:24:21 (UTC).

Wurmlinger v. N and D Restaurants LLC, et al

Case Summary

On 05/13/2019 Wurmlinger filed a Personal Injury - Other Personal Injury lawsuit against N and D Restaurants LLC. This case was filed in U.S. District Courts, Arizona District. The Judge overseeing this case is Diane J Humetewa. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-03055

  • Filing Date:

    05/13/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    U.S. District Courts

  • Courthouse:

    Arizona District

Judge Details

Presiding Judge

Diane J Humetewa

 

Party Details

Plaintiff

Doreen Wurmlinger

Defendants

N and D Restaurants LLC

Unknown Parties

Olive Garden Holdings LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Nathan John Hogle

Attorney at Hogle Law PLLC

1013 S Stapley Dr.

Mesa, AZ 85204

Dana Reed Hogle

Attorney at Hogle Firm

1013 S Stapley Dr.

Mesa, AZ 85204

Jacob Thomas Hogle

Attorney at Hogle Firm

1013 S Stapley Rd.

Mesa, AZ 85204

Defendant Attorneys

Barrett Neal Lindsey

Attorney at Lewis Brisbois Bisgaard & Smith LLP - Phoenix, AZ

2929 N Central Ave., Ste. 1700

Phoenix, AZ 85012

Michael Patrick Obert, Jr.

Attorney at Lewis Brisbois Bisgaard & Smith LLP

2929 N Central Ave., Ste. 1700

Phoenix, AZ 85012-2761

 

Court Documents

1 #7

Exhibit G

1 #3

Exhibit C

1 #4

Exhibit D

1 #5

Exhibit E

1 #6

Exhibit F

1 #1

Exhibit A

1 #2

Exhibit B

#1

(#6) Additional Attachments to Main Document re: #1 Complaint by Defendant N and D Restaurants LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplement Supplemental Civil Cover Sheet)(Obert, Michael) (Entered: 05/14/2019)

#2

(#2) Filing fee paid, receipt number 0970-16905194. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-19-03055-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) (Entered: 05/13/2019)

#20

(#20) ANSWER to Complaint with Jury Demand by N and D Restaurants LLC.(Obert, Michael) (Entered: 07/01/2019)

#19

(#19) NOTICE of Service of Discovery filed by N and D Restaurants LLC. (Obert, Michael) (Entered: 06/21/2019)

#18

(#18) NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant N and D Restaurants LLC. (Obert, Michael) (Entered: 06/19/2019)

#17

(#17) *FIRST AMENDED COMPLAINT by Doreen Wurmlinger. (Hogle, Dana) *Modified to reflect duplicate PDF of #16 ; attorney noticed on 6/19/2019 (LAD). (Entered: 06/18/2019)

#16

(#16) STRICKEN by Doc. 21 *FIRST AMENDED COMPLAINT by Doreen Wurmlinger. (Hogle, Dana) *Modified event on 6/14/2019. (LFIG) * Modified to correct event; attorney noticed on 6/17/2019 (LAD). Modified on 7/1/2019 (LFIG). (Entered: 06/14/2019)

14 #2

Exhibit Exhibit B - FAC

14 #3

Text of Proposed Order Proposed Order

14 #1

Exhibit Exhibit A - FAC Redlined

#14

(#14) *NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) Complaint by Doreen Wurmlinger. (Attachments: #1 Exhibit Exhibit A - FAC Redlined, #2 Exhibit Exhibit B - FAC, #3 Text of Proposed Order Proposed Order)(Hogle, Dana) *Modified on 6/6/2019 to correct event. (LFIG) (Entered: 06/05/2019)

22 More Documents Available

 

Docket Entries

  • 07/01/2019
  • (#21) ORDER: Upon the Court's own review of the docket, it is noted that Plaintiff has filed two documents titled First Amended Complaint that appear to be duplicates. (See Docs. 16 and 17). The Court will accordingly strike Doc. 16 and designate Doc. 17 as the operative First Amended Complaint. ORDERED by Judge Diane J Humetewa on 7/1/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 07/01/2019)

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  • 07/01/2019
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  • (#20) ANSWER to Complaint with Jury Demand by N and D Restaurants LLC.(Obert, Michael) (Entered: 07/01/2019)

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  • 06/21/2019
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  • (#19) NOTICE of Service of Discovery filed by N and D Restaurants LLC. (Obert, Michael) (Entered: 06/21/2019)

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  • 06/19/2019
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  • (#18) NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant N and D Restaurants LLC. (Obert, Michael) (Entered: 06/19/2019)

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  • 06/18/2019
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  • (#17) *FIRST AMENDED COMPLAINT by Doreen Wurmlinger. (Hogle, Dana) *Modified to reflect duplicate PDF of #16 ; attorney noticed on 6/19/2019 (LAD). (Entered: 06/18/2019)

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  • 06/14/2019
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  • (#16) STRICKEN by Doc. 21 *FIRST AMENDED COMPLAINT by Doreen Wurmlinger. (Hogle, Dana) *Modified event on 6/14/2019. (LFIG) * Modified to correct event; attorney noticed on 6/17/2019 (LAD). Modified on 7/1/2019 (LFIG). (Entered: 06/14/2019)

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  • 06/06/2019
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  • (#15) NOTICE TO FILER OF DEFICIENCY re: #14 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) Complaint filed by Doreen Wurmlinger. Document not in compliance with LRCiv 15.1(b) - The amending party must file a separate clean version of the amended pleading. FOLLOW-UP ACTION REQUIRED: Please file. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 06/06/2019)

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  • 06/05/2019
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  • (#14) *NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) Complaint by Doreen Wurmlinger. (Attachments: #1 Exhibit Exhibit A - FAC Redlined, #2 Exhibit Exhibit B - FAC, #3 Text of Proposed Order Proposed Order)(Hogle, Dana) *Modified on 6/6/2019 to correct event. (LFIG) (Entered: 06/05/2019)

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  • 06/04/2019
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  • (#13) Corporate Disclosure Statement by N and D Restaurants LLC. (Obert, Michael) (Entered: 06/04/2019)

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  • 06/03/2019
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  • (#12) SECOND 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 seven (7) days. Corporate Disclosure Statement Deadline set as to N and D Restaurants LLC. (LFIG) (Entered: 06/03/2019)

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1 More Docket Entries
  • 05/17/2019
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  • (#11) NOTICE TO FILER OF DEFICIENCY re: #9 Answer to Complaint filed by N and D Restaurants LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) (Entered: 05/20/2019)

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  • 05/17/2019
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  • (#9) ANSWER to Complaint by N and D Restaurants LLC.(Obert, Michael) (Entered: 05/17/2019)

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  • 05/14/2019
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  • (#8) NOTICE of Errata by Defendant N and D Restaurants LLC. (Attachments: #1 Exhibit Exhibit "H")(Obert, Michael) (Entered: 05/14/2019)

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  • 05/14/2019
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  • (#7) ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff serve a copy of this Order upon Defendant(s) who have not yet appeared and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 5/14/2019. (LFIG) (Entered: 05/14/2019)

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  • 05/14/2019
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  • (#6) Additional Attachments to Main Document re: #1 Complaint by Defendant N and D Restaurants LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplement Supplemental Civil Cover Sheet)(Obert, Michael) (Entered: 05/14/2019)

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  • 05/13/2019
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  • (#5) 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 N and D Restaurants LLC. (DLC) (Entered: 05/13/2019)

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  • 05/13/2019
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  • (#4) NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by N and D Restaurants LLC. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case and a Supplemental Civil Cover Sheet. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) (Entered: 05/13/2019)

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  • 05/13/2019
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  • (#3) NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (DLC) (Entered: 05/13/2019)

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  • 05/13/2019
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  • (#2) Filing fee paid, receipt number 0970-16905194. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-19-03055-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) (Entered: 05/13/2019)

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  • 05/13/2019
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  • (#1) *NOTICE OF REMOVAL. Filing fee received: $ 400.00, receipt number 0970-16905194 filed by N and D Restaurants LLC. (Obert, Michael) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(DLC) *Modified on 5/13/2019 to correct event (DLC). (Entered: 05/13/2019)

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