Hy Cite Corporation v. Badbusinessbureau.co, et al

Plaintiff:Hy Cite Corporation
Defendant:Badbusinessbureau.com, LLC, Ed Magedson and Xcentric Ventures, LLC
 
Case Number:2:2004cv02856
Filed:December 10, 2004
 
Court:Arizona District Court
Office:Phoenix Division Office [ Court Info ]
County:XX US, Outside State
Presiding Judge:Judge Earl H Carroll
 
Nature of Suit:Other Statutes - Racketeer Influenced and Corrupt Organizations
Cause:18:1962 Racketeering (RICO) Act
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Amount Demanded:$0.00

Date Filed

#

Docket Text

December 10, 2004 1 COMPLAINT FILED (JIR) (Entered: December 14, 2004)
December 10, 2004 2 MOTION for admission pro hac vice as to John C. Scheller, atty for pla Hy Cite Corporation [2-1] (SRB) (Entered: December 16, 2004)
December 10, 2004 3 MOTION for admission pro hac vice as to Brian J Rybarik, atty for pla Hy Cite Corporation [3-1] (SRB) (Entered: December 16, 2004)
December 15, 2004   Pro Hac Vice $100 Fee Paid as to Brian J Rybarik (BAS) Modified on 04/01/2005 (Entered: December 15, 2004)
December 15, 2004   Pro Hac Vice $100 Fee Paid as to John C Scheller (BAS) Modified on 04/01/2005 (Entered: December 15, 2004)
December 16, 2004 4 ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Brian J Rybarik, atty for pla Hy Cite Corporation [3-1] (cc: all counsel) (SRB) (Entered: December 16, 2004)
December 16, 2004 5 ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to John C. Scheller, atty for pla Hy Cite Corporation [2-1] (cc: all counsel) (SRB) (Entered: December 16, 2004)
December 30, 2004 6 RICO CASE STATEMENT by pla Hy Cite Corporation (KMG) (Entered: January 5, 2005)
January 18, 2005 7 FIRST AMENDED COMPLAINT by pla Hy Cite Corporation [1-1] adding dft Xcentric Ventures (MAP) (Entered: January 19, 2005)
February 17, 2005 8 STIPULATION to extend time (thru 2/23/05) to answer complaint (amended) [7-1] by pla, dfts [8-1] (MAP) (Entered: February 23, 2005)
February 23, 2005 9 MOTION to exceed the page limit re Motion to Dismiss Amended Complaint by dft Xcentric Ventures [9-1] (Lodged pleading at Clk;s desk) (MAP) (Entered: February 24, 2005)
February 23, 2005   LODGED: Motion to Dismiss Amended Comp by dft Xcentric Ventures (MAP) (Entered: February 24, 2005)
February 24, 2005 10 ORDER by Judge Earl H. Carroll granting stipulation to extend time (thru 2/23/05) to answer complaint (amended) [7-1] by pla, dfts [8-1] (cc: all counsel) (MAP) (Entered: February 24, 2005)
March 14, 2005 11 MOTION to exceed the page limit for doc(s) Response to Motion to Dismiss (lodged) by pla Hy Cite Corporation [11-1] (Lodged pleading at Clk's desk) (MAP) (Entered: March 22, 2005)
March 14, 2005   LODGED: Response to Motion to Dismiss by pla Hy Cite Corporation (MAP) (Entered: March 22, 2005)
March 14, 2005 12 MOTION to exceed the page limit re Response to Motion to Dismiss by pla Hy Cite Corporation [12-1] (Lodged pleading at Clk's desk) (MAP) Modified on 03/30/2005 (Entered: March 30, 2005)
March 14, 2005   LODGED: Response to Motion to Dismiss by pla Hy Cite Corporation (MAP) (Entered: March 30, 2005)
March 24, 2005 13 MOTION for alternative service on Dft Ed Magedson by pla Hy Cite Corporation [13-1] , to extend time for service by pla Hy Cite Corporation [13-2] (MAP) (Entered: March 30, 2005)
March 24, 2005 14 MEMORANDUM IN SUPPORT by pla Hy Cite Corporation of motion for alternative service on Dft Ed Magedson by pla Hy Cite Corporation [13-1], motion to extend time for service by pla Hy Cite Corporation [13-2] (MAP) (Entered: March 30, 2005)
March 24, 2005 15 DECLARATION of Michael K Dana re motion for alternative service on Dft Ed Magedson by pla Hy Cite Corporation [13-1], re motion to extend time for service by pla Hy Cite Corporation [13-2] by pla Hy Cite Corporation (MAP) (Entered: March 30, 2005)
March 24, 2005 16 DECLARATION of John C Scheller re motion for alternative service on Dft Ed Magedson by pla Hy Cite Corporation [13-1], re motion to extend time for service by pla Hy Cite Corporation [13-2] by pla Hy Cite Corporation (MAP) (Entered: March 30, 2005)
March 24, 2005 17 DECLARATION of Robert Lyons re Service of Process by pla Hy Cite Corporation (MAP) (Entered: March 30, 2005)
April 5, 2005 18 ORDER by Judge Earl H. Carroll granting motion to exceed the page limit re Motion to Dismiss Amended Complaint by dft Xcentric Ventures [9-1] (cc: all counsel) (MAP) (Entered: April 5, 2005)
April 5, 2005 19 MOTION to dismiss case by dft Xcentric Ventures [19-1] (MAP) (Entered: April 5, 2005)
April 11, 2005 20 NOTICE by dft Xcentric Ventures of filing Supplemental Authority (LSP) (Entered: April 12, 2005)
April 14, 2005 21 ORDER by Judge Earl H. Carroll granting motion to exceed the page limit re Response to Motion to Dismiss by pla Hy Cite Corporation [12-1] (cc: all counsel) (MAP) (Entered: April 14, 2005)
April 14, 2005 22 RESPONSE (OPPOSITION) by pla Hy Cite Corporation to motion to dismiss case by dft Xcentric Ventures [19-1] (MAP) (Entered: April 14, 2005)
April 14, 2005 23 REPLY by dft Xcentric Ventures to response to motion to dismiss case by dft Xcentric Ventures [19-1] (MAP) (Entered: April 14, 2005)
April 19, 2005 24 ORDER by Judge Earl H. Carroll granting motion for alternative service on Dft Ed Magedson by pla Hy Cite Corporation [13-1] as directed and that pla has 45 days to effectuate service. (cc: all counsel) (KCS) (Entered: April 19, 2005)
April 22, 2005 25 MOTION for partial reconsideration of order [24] filed 4/19/05 by dft Ed Magedson, dft Xcentric Ventures [25-1] (LSP) (Entered: April 25, 2005)
April 27, 2005 27 RETURN OF SERVICE EXECUTED summons/complaint upon dft Xcentric Ventures on 1/29/05 (KCS) (Entered: April 29, 2005)
April 28, 2005 26 ORDER by Judge Earl H. Carroll re: motion for partial reconsideration of order [24] filed 4/19/05 by dft Ed Magedson, dft Xcentric Ventures [25-1], that pla file a response to the motion in 10 days and that dfts reply to pla's response in 5 days of receiving the response. (cc: all counsel) (KCS) (Entered: April 28, 2005)
April 29, 2005 28 MOTION for admission pro hac vice as to Kevin M. St. John, atty for pla Hy Cite Corporation [28-1] (KMG) (Entered: May 2, 2005)
May 3, 2005   Pro Hac Vice $100.00 Fee Paid as to Kevin M St John (BAS) (Entered: May 3, 2005)
May 3, 2005 29 ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Kevin M. St. John, atty for pla Hy Cite Corporation [28-1] (cc: all counsel) (DMT) (Entered: May 3, 2005)
May 5, 2005 30 RETURN OF SERVICE UNEXECUTED - Summons/Comp/Amended Complaint attempted upon dft Ed Magedson (MAP) (Entered: May 6, 2005)
May 6, 2005 31 RESPONSE by pla Hy Cite Corporation to motion for partial reconsideration of order [24] filed 4/19/05 by dft Ed Magedson, dft Xcentric Ventures [25-1] (KCS) (Entered: May 10, 2005)
May 10, 2005 32 RETURN OF SERVICE EXECUTED summons/complaint upon dft Ed Magedson personally by service upon Attorney Maria Crim Speth in Phoenix, AZ on 4/21/05 (LAD) (Entered: May 10, 2005)
May 11, 2005 33 MOTION for leave to exceed the page limit for doc(s) Motion to Dismiss First Amended Complaint by dft Ed Magedson [33-1] (motion to dismiss lodged and held at docket clerks desk) (LCF) (Entered: May 11, 2005)
May 11, 2005   LODGED Motion to Dismiss First Amended Complaint by dft Ed Magedson (held at docket clerk's desk) (LCF) (Entered: May 11, 2005)
May 13, 2005 34 REPLY by dft Xcentric Ventures to response to motion for partial reconsideration of order [24] filed 4/19/05 by dft Ed Magedson, dft Xcentric Ventures [25-1] (MAP) (Entered: May 17, 2005)
May 17, 2005 35 STIPULATION to Extend Time to File its Application for Costs and Fees by pla Hy Cite Corporation, dft Xcentric Ventures (KMG) (Entered: May 18, 2005)
May 25, 2005 36 ORDER by Judge Earl H. Carroll that the pla shall have until ten days after the Court's ruling on the pending Motion to file its application for costs and fees. (cc: all counsel) (KMG) (Entered: May 25, 2005)
May 31, 2005   LODGED Pla Hy Cite's response (opposition) to Dft Ed Magedson's LODGED Motion to Dismiss Amended Complaint by pla Hy Cite Corporation NOTE: Lodged response at docket clerk's (LF) desk with lodged Motion to Dismiss Amended Complaint (LSP) (Entered: June 2, 2005)
June 2, 2005 37 ORDER by Judge Earl H. Carroll granting Magedson's Motion for Leave to Exceed the Page Limit for doc(s) Motion to Dismiss First Amended Complaint by dft Ed Magedson [33-1] vacating [0-0] lodged document Ed Magedson's Motion to Dismiss First Amended Complaint, vacating [0-0] lodged document Plaintiff Hy Cite Corporation's Opposition to Ed Magedson's Motion to Dismiss Amended Complaint (cc: all counsel) (SAT) (Entered: June 2, 2005)
June 2, 2005 38 MOTION to Dismiss First Amended Complaint as to dft Ed Magedson by dft Ed Magedson [38-1] (SAT) (Entered: June 2, 2005)
June 2, 2005 39 RESPONSE (Opposition) by pla to Motion to Dismiss First Amended Complaint as to dft Ed Magedson by dft Ed Magedson [38-1] (SAT) (Entered: June 2, 2005)
June 3, 2005 40 STIPULATION to extend time to respond to response to motion to dismiss to and including 6/10/05 by dft Ed Magedson (SRB) (Entered: June 6, 2005)
June 7, 2005 41 ORDER by Judge Earl H. Carroll granting stipulation to extend time to respond to response to motion to dismiss to and including 6/10/05 by dft Ed Magedson (cc: all counsel) (CMM) (Entered: 06/07/2005)
June 10, 2005 42 REPLY by dft Ed Magedson to response to motion to Dismiss First Amended Complaint as to dft Ed Magedson by dft Ed Magedson [38-1] (LSP) (Entered: June 13, 2005)
June 20, 2005 43 NOTICE by pla Hy Cite Corporation of Withdrawal of atty Brian Rybarik (MAP) (Entered: June 21, 2005)
December 27, 2005 44 ORDER granting in part and denying in part [19] Motion to Dismiss, granting [25] Motion for Partial Reconsideration, granting in part and denying in part [38] Motion to Dismiss; counts Six, Seven and Eight are dismissed for failure to state a claim; dft Ed Magedson shall not be required to pay pla all costs and fees incurred as a result of dfts avoidance of Service of Process . Signed by Judge Earl H Carroll on 12/27/05. (SBU, ) (Entered: December 27, 2005)
January 17, 2006 45 APPLICATION for Entry of Default by Plaintiff Hy Cite Corporation against Defendants badbusinessbureau.com, LLC, Xcentric Ventures, LLC and Ed Magedson. (Dana, Michael) (Entered: 01/17/2006)
January 19, 2006 46 XCENTRIC VENTURES, LLC AND MAGEDSON'S ANSWER to Amended Complaint by Xcentric Ventures, LLC.(Speth, Maria) (Entered: January 19, 2006)
January 26, 2006 47 ORDER re 45 APPLICATION for Entry of Default by Plaintiff Hy Cite Corporation against Defendants badbusinessbureau.com, LLC, Xcentric Ventures, LLC and Ed Magedson. (Dana, Michael). In-Court Hearing re: Application for Entry of Default Judgment is set for 1/30/2006 10:00 AM before Judge Earl H Carroll. Signed by Judge Earl H Carroll on 01/25/06. (DNH, ) (Entered: January 26, 2006)
January 30, 2006 48 Minute Entry for proceedings held before Judge Earl H Carroll : Appearances: Michael Dana for plaintiff and Maria Speth for defendants. In Court Hearing held on 1/30/2006 re: Plaintiff's Application for Default. Argument presented, the matter is taken under advisement. (This is a TEXT ONLY ENTRY. There is no.pdf document associated with this entry.) (Court Reporter C.Potter.) (BAH, ) (Entered: January 30, 2006)
January 30, 2006 49 First MOTION for Extension of Time to File Answer by Ed Magedson, Xcentric Ventures, LLC. (Speth, Maria) (Entered: January 30, 2006)
February 2, 2006 50 RESPONSE in Opposition re 49 First MOTION for Extension of Time to File Answer filed by Hy Cite Corporation. (Dana, Michael) (Entered: February 2, 2006)
February 2, 2006 51 AFFIDAVIT in Opposition re 49 First MOTION for Extension of Time to File Answer Declaration of Kevin M. St. John filed by Hy Cite Corporation. (Dana, Michael) (Entered: February 2, 2006)
February 10, 2006 52 REPLY to Response to Motion re 49 First MOTION for Extension of Time to File Answer filed by Ed Magedson, Xcentric Ventures, LLC. (Speth, Maria) (Entered: February 10, 2006)
April 6, 2006 53 ORDER granting 49 Defendants' Motion for Extension of Time to Answer. ORDER denying 45 Plaintiff's Application for Entry of Default. Signed by Judge Earl H Carroll on 4/5/06. (TLJ) (Entered: April 6, 2006)
April 6, 2006 54 ORDER re: Scheduling Conference set for 5/15/2006 at 9:45 AM before Judge Earl H Carroll.. Signed by Judge Earl H Carroll on 4/6/06. (TLJ) (Entered: April 6, 2006)
April 24, 2006 55 STIPULATION re 54 Order, Set Hearings JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE by Hy Cite Corporation. (Dana, Michael) (Entered: April 24, 2006)
April 27, 2006 56 ORDER re 55 STIPULATION re 54 Order, Set Hearings JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE by Hy Cite Corporation. Scheduling Conference set for 5/30/2006 09:00 AM before Judge Earl H Carroll. Signed by Judge Earl H Carroll on 04/26/06. (KCS) (Entered: April 27, 2006)
May 8, 2006 57 STIPULATION Joint Stipulation to Continue Scheduling Conference by Ed Magedson. (Speth, Maria) (Entered: May 8, 2006)
May 11, 2006 58 ORDER granting 57 STIPULATION to Continue Scheduling Conference by Ed Magedson. Scheduling Conference reset for 6/26/2006 09:15 AM before Judge Earl H Carroll. Signed by Judge Earl H Carroll on 05/09/06. (DNH) (Entered: May 11, 2006)
June 9, 2006 59 Notice re Change of Firm Affiliation by Hy Cite Corporation (Dana, Michael) (Entered: June 9, 2006)
June 19, 2006 60 STIPULATION re 56 Order,, Set Hearings,, 55 Stipulation, 58 Order, Set Hearings, 57 Stipulation, 54 Order, Set Hearings /JOINT STIPULATION TO CONTINUE JUNE 26, 2006 SCHEDULING CONFERENCE by Hy Cite Corporation. (Dana, Michael) (Entered: June 19, 2006)
June 19, 2006 61 Additional Attachments to Main Document re 60 Stipulation / Proposed Order by Plaintiff Hy Cite Corporation. (Dana, Michael) (Entered: June 19, 2006)
June 22, 2006 62 ORDER re 60 STIPULATION - vacating the scheduling conference set for 6/26/06. FURTHER ORDERED resetting the same as follows: Scheduling Conference is reset for 7/31/2006 10:15 AM before Judge Earl H Carroll.. Signed by Judge Earl H Carroll on 6/20/06. (KMG, ) (Entered: June 22, 2006)
July 14, 2006 63 Notice re Change of Firm Affiliation by Hy Cite Corporation (Dana, Michael) (Entered: July 14, 2006)
July 27, 2006 64 REPORT re: Rule 26(f) Planning Meeting by Hy Cite Corporation. (Dana, Michael) (Entered: July 27, 2006)
July 31, 2006 65 Minute Entry for proceedings held before Judge Earl H. Carroll : Appearances: Michael Dana and telephonically, John Scheller, for plaintiff; Maria Speth for defendants. Scheduling Conference held on 7/31/2006. Order to issue setting forth case management deadlines and a trial date. (This is a TEXT ONLY ENTRY. There is no PDF document associated with this entry.) (Court Reporter Candy Potter.) (BAH) (Entered: July 31, 2006)
August 1, 2006 66 ORDER Discovery due by 2/28/2007. Proposed Pretrial Order due by 10/1/2007. Final Pretrial Conference set for 10/9/2007 09:00 AM before Judge Earl H Carroll. Jury Trial set for 10/16/2007 09:00 AM before Judge Earl H Carroll. FURTHER ORDERED that the parties shall keep the Court apprised of the possibility of settlement.. Signed by Judge Earl H Carroll on 7/31/06. (LCF) (Entered: August 1, 2006)
December 27, 2006 67 Notice re WITHDRAWAL OF ATTORNEY AS COUNSEL OF RECORD by Hy Cite Corporation (Dana, Michael) Modified on 12/28/2006, DOCUMENT IS UNSIGNED, ATTORENY NOTICED TO REFILE, (LSP). (Entered: 12/27/2006)
December 28, 2006 68 NOTICE TO FILER OF DEFICIENCY re 67 Other Notice filed by Hy Cite Corporation. Description of deficiency: Document does not contain a signature. (LSP) (Entered: December 28, 2006)
December 28, 2006 69 Notice re CORRECTED NOTICE OF WITHDRAWAL OF ATTORNEY AS COUNSEL OF RECORD by Hy Cite Corporation (Dana, Michael) (Entered: December 28, 2006)
February 21, 2007 70 STIPULATION JOINT STIPULATION TO EXTEND DISCOVERY DEADLINE TO MAY 31, 2007 by Hy Cite Corporation. (Attachments: # 1 Text of Proposed Order)(Dana, Michael) (Entered: February 21, 2007)
February 26, 2007 71 ORDER granting STIPULATION TO EXTEND DISCOVERY DEADLINE TO MAY 31, 2007. Discovery due by 5/31/2007. Signed by Judge Earl H Carroll on 2/26/07. (LSP) (Entered: February 26, 2007)
March 8, 2007 72 STIPULATION JOINT STIPULATION TO EXTEND DEADLINES TO DISCLOSE AND DEPOSE EXPERT WITNESSES (First Request) by Hy Cite Corporation. (Attachments: # 1 Text of Proposed Order)(Dana, Michael) (Entered: March 8, 2007)
March 13, 2007 73 ORDER granting 72 STIPULATION Extending deadline for disclosing experts: Expert disclosures shall be due 4/16/07; Rebuttal disclosures shall be due 5/3/07; and Expert depositions if any shall be completed prior to 7/2/07. Signed by Judge Earl H Carroll on 3/13/07. (MAP) (Entered: March 13, 2007)
March 16, 2007 74 Notice re of Service of Discovery to Plaintiff by Badbusinessbureau.com, LLC, Ed Magedson, Xcentric Ventures, LLC (Speth, Maria) (Entered: March 16, 2007)
April 3, 2007 75 Notice re of Service of Discovery: Subpoenas by Ed Magedson, Xcentric Ventures, LLC (Speth, Maria) (Entered: April 3, 2007)
May 9, 2007 76 STIPULATION of Dismissal by Badbusinessbureau.com, LLC, Ed Magedson, Xcentric Ventures, LLC. (Speth, Maria) (Entered: May 9, 2007)
May 11, 2007 77 ORDER DISMISSING CASE, including all claims and counterclaims, with prejudice pursuant to Rule 41(a)(1)(ii) of the FedRCivP. Each party shall bear its own costs and attorneys' fees. Signed by Judge Earl H Carroll on 5/10/07. (LSP) (Entered: May 11, 2007)
Docket Report Last Checked: November 29, 2007 14:57:11 PST
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Plaintiff: Hy Cite Corporation
Represented By: Donald Wayne Bivens, Michael Kent Dana, John C Scheller
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Defendant: Badbusinessbureau.com, LLC
Represented By: Maria Crimi Speth
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Defendant: Ed Magedson
Represented By: Maria Crimi Speth
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Defendant: Xcentric Ventures, LLC
Represented By: Maria Crimi Speth
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