Fees v. Arizona State University et al

2:20-cv-01131 | Arizona District Court

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Division Phoenix
Judge Senior Judge Susan R Bolton
Filed June 8, 2020
Terminated April 15, 2021
Case Flags CLOSED and STD
Nature of Suit 440 Civil Rights - Other
Cause 42:1983 Civil Rights Act
Jury Demand None
Last Updated: 1 year, 9 months ago Show Interactive Timeline
Filing Date # Docket Text
12/15/2021MANDATE of USCA re: 45 Notice of Appeal filed by Maximilian Soza Fees. The parties' stipulated motion (Docket Entry No. 25) for voluntary dismissal is granted. This appeal is dismissed with prejudice. Costs and fees shall be allocated pursuant to parties' stipulation. This order served on the district court acts as the mandate of this court. DISMISSED. (BAC) (Entered: 12/17/2021)
5/14/2021USCA Case Number re: 45 Notice of Appeal. Case number 21-15866, Ninth Circuit. (LAD) (Entered: 05/14/2021)
5/14/2021*NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 43 Order, 44 Clerks Judgment by Maximilian Soza Fees. Filing fee received: $ 505.00, receipt number 0970-19467491. (Jordan, David) *Modified to add document linkage on 5/14/2021 (LAD). (Entered: 05/14/2021)
4/15/2021
  • Motion for JudgmentGranted
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED IT IS ORDERED granting Defendants' Motion to Dismiss Plaintiff Maximilian Soza Fees' Second Amended Complaint. Judgment is entered in favor of Defendants. This case is hereby terminated. (WLP) (Entered: 04/15/2021)
4/15/2021
  • Motion to Dismiss (Demurrer)Granted
ORDER - IT IS ORDERED granting Defendants' Motion to Dismiss Plaintiff Maximilian Soza Fees' Second Amended Complaint (Doc. 36 ). IT IS FURTHER ORDERED directing the Clerk of Court to enter judgment in favor of Defendants. See document for complete details. Signed by Senior Judge Susan R Bolton on 4/15/2021. (WLP) (Entered: 04/15/2021)
4/5/2021
  • Replyby Δ
REPLY to Response to Motion re: 36 MOTION to Dismiss Case (Dismiss Second Amended Complaint) filed by Arizona Board of Regents, Arizona State University, Cassandra Aska, Michael Crow, Ron Hicks, Ronald Hicks, Elizabeth Rosenkrantz. (Attachments: # 1 Exhibit)(Yost, Austin) (Entered: 04/05/2021)
3/24/2021
  • Motion to Extend Time to File ReplyGranted
ORDER granting 40 Motion for Extension of Time to File Reply. IT IS FURTHER ORDERED that Defendants shall have through and including April 5, 2021 to file their reply in support of their Motion to Dismiss Plaintiff's Second Amended Complaint. Signed by Senior Judge Susan R Bolton on 3/24/21. (MAW) (Entered: 03/24/2021)
3/24/2021
  • Motion to Extend Time to File Responseby Δ
First MOTION for Extension of Time to File Response/Reply by Arizona Board of Regents, Arizona State University, Cassandra Aska, Michael Crow, Ron Hicks, Ronald Hicks, Elizabeth Rosenkrantz. (Attachments: # 1 Text of Proposed Order)(Nomkin, Joel) (Entered: 03/24/2021)
3/22/2021
  • Response
RESPONSE to Motion re: 36 MOTION to Dismiss Case (Dismiss Second Amended Complaint) filed by Maximilian Soza Fees. (Jordan, David) (Entered: 03/22/2021)
3/15/2021
  • Motion to Extend TimeGranted
ORDER: IT IS HEREBY ORDERED that the motion for extension of time is GRANTED (Doc. 37 ). Plaintiff shall have until March 22, 2021 to file his response to the motion to dismiss the Second Amended Complaint. Signed by Senior Judge Susan R Bolton on 3/15/21. (MAW) (Entered: 03/15/2021)
3/15/2021
  • Motion to Extend Time to File Response
MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss Case (Dismiss Second Amended Complaint) (Unopposed) by Maximilian Soza Fees. (Attachments: # 1 Text of Proposed Order)(Jordan, David) (Entered: 03/15/2021)
3/1/2021
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss Case (Dismiss Second Amended Complaint) by Arizona Board of Regents, Arizona State University, Cassandra Aska, Michael Crow, Ron Hicks, Ronald Hicks, Elizabeth Rosenkrantz. (Nomkin, Joel) (Entered: 03/01/2021)
2/15/2021
  • Complaint
AMENDED COMPLAINT (SECOND) against Cassandra Aska, Ronald Hicks, Elizabeth Rosenkrantz filed by Maximilian Soza Fees.(Jordan, David) (Entered: 02/15/2021)
2/8/2021
  • Motion for New TrialPartial
ORDER - IT IS ORDERED granting in part and denying in part Plaintiff's Motion for New Trial and Motion for Leave to Amend (Doc. 29 ). IT IS FURTHER ORDERED directing Plaintiff to file his Second Amended Complaint not later than seven (7) days from the date of this Order. (See document for complete details). Signed by Senior Judge Susan R Bolton on 2/8/21. (SLQ) (Entered: 02/08/2021)
1/14/2021
  • Reply
REPLY to Response to Motion re: 29 MOTION for New Trial And Motion For Leave To Amend filed by Maximilian Soza Fees. (Jordan, David) (Entered: 01/14/2021)
1/7/2021
  • Motion to Extend TimeGranted
ORDER granting 31 Motion for Extension of Time. Plaintiff shall have until January 14, 2021 to file his reply. Signed by Senior Judge Susan R Bolton on 1/7/21. (MAW) (Entered: 01/07/2021)
1/7/2021
  • Motion to Extend Time to File Reply
MOTION for Extension of Time To File Reply (Unopposed) by Maximilian Soza Fees. (Attachments: # 1 Text of Proposed Order)(Jordan, David) (Entered: 01/07/2021)
12/31/2020
  • Responseby Δ
RESPONSE to Motion re: 29 MOTION for New Trial And Motion For Leave To Amend Response to Motion for Leave to Amend filed by Arizona Board of Regents, Arizona State University, Cassandra Aska, Michael Crow, Ron Hicks, Ronald Hicks, Elizabeth Rosenkrantz. (Attachments: # 1 Exhibit Exhibit A)(Nomkin, Joel) (Entered: 12/31/2020)
12/18/2020
  • Motion for New Trial
AMENDED MOTION for New Trial And Motion For Leave To Amend by Maximilian Soza Fees. (Attachments: # 1 Proposed Second Amended Complaint, # 2 Redlined Pleading)(Jordan, David) (Entered: 12/18/2020)
12/17/2020
  • Motion for New Trial
* MOTION for New Trial and MOTION For Leave To Amend by Maximilian Soza Fees. (Attachments: # 1 Proposed Second Amended Complaint, # 2 Redline of Second Amended Complaint)(Jordan, David). *Added MOTION to Amend/Correct; attorney noticed on 12/18/2020 (SLQ). (Entered: 12/17/2020)
11/19/2020
  • Motion to Dismiss (Demurrer)Granted
ORDER: IT IS ORDERED granting Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Doc. 14 ) [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 11/19/20. (MAW) (Entered: 11/19/2020)
11/16/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC ORAL ARGUMENT RE: DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT proceedings held on 10/29/2020, before Judge SUSAN R. BOLTON. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/7/2020. Redacted Transcript Deadline set for 12/17/2020. Release of Transcript Restriction set for 2/16/2021. (RAP) (Entered: 11/19/2020)
11/13/2020TRANSCRIPT REQUEST by Arizona Board of Regents, Arizona State University, Cassandra Aska, Michael Crow, Ron Hicks, Ronald Hicks, Elizabeth Rosenkrantz for proceedings held on October 29, 2020, Judge Susan R Bolton hearing judge(s). (Yost, Austin) (Entered: 11/13/2020)
11/12/2020TRANSCRIPT REQUEST by Maximilian Soza Fees for proceedings held on *10/29/2020, Judge Susan R Bolton hearing judge(s). (Jordan, David) *Modified to correct docket text proceeding date to match what's written in actual form on 11/12/2020 (RAP). (Entered: 11/12/2020)
10/29/202023MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Motion Hearing held on 10/29/2020. Argument held. IT IS ORDERED taking under advisement 14 Motion to Dismiss.

APPEARANCES: David Jordan (telephonically) for Plaintiff. Paul Eckstein, Joel Nomkin and Austin Yost (all appearing telephonically) for Defendants. (Court Reporter Hilda Lopez) Hearing held 11:35 AM to 12:01 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 10/29/2020)
9/22/2020
  • Reply
*REPLY to Response to Motion re: 14 MOTION to Dismiss for Failure to State a Claim , 17 Response in Opposition to Motion by Defendants Arizona Board of Regents, Cassandra Aska, Ronald Hicks, Elizabeth Rosenkrantz. (Nomkin, Joel) *Modified to correct event type and remove filers on 9/23/2020 (EJA). (Entered: 09/22/2020)
9/21/202021
  • Order
MINUTE ORDER: Telephonic Motion Hearing set for 10/29/2020 at 11:30AM before Senior Judge Susan R Bolton as to 14 MOTION to Dismiss. Counsel are directed to call (866) 390-1828; Access code: 9667260. Counsel are advised that speaker phones are not permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 09/21/2020)
9/21/2020
  • Order
ORDER: The Court having considered the parties' Joint Stipulated Motion to Extend Case Deadlines (Doc. 18 ), and good cause appearing, IT IS HEREBY ORDERED that the case deadlines in this matter will be stayed until the Court has ruled on Defendants' Motion to Dismiss the First Amended Complaint. Signed by Senior Judge Susan R Bolton on 9/21/20. (MAW) (Entered: 09/21/2020)
9/18/2020NOTICE re: Certificate of Service by Arizona Board of Regents, Cassandra Aska, Ronald Hicks, Elizabeth Rosenkrantz re: 18 Stipulation . (Nomkin, Joel) (Entered: 09/18/2020)
9/18/2020STIPULATION Joint Stipulated Motion to Extend Case Deadlines by Arizona Board of Regents, Cassandra Aska, Ronald Hicks, Elizabeth Rosenkrantz. (Attachments: # 1 Text of Proposed Order Proposed Order)(Nomkin, Joel) (Entered: 09/18/2020)
9/15/2020
  • Motion to Dismiss for Failure to State a Claim
RESPONSE in Opposition re: 14 MOTION to Dismiss for Failure to State a Claim filed by Maximilian Soza Fees. (Jordan, David) (Entered: 09/15/2020)
9/4/2020
  • Motion to Extend Time to File ResponseGranted
ORDER granting 15 Motion for Extension of Time to File Response re: 14 MOTION to Dismiss for Failure to State a Claim. IT IS HEREBY ORDERED that Plaintiff shall have until September 15, 2020 to file his response to the motion. (Doc. 15 ). Signed by Senior Judge Susan R Bolton on 9/4/2020. (LAD) (Entered: 09/04/2020)
9/4/2020
  • Motion to Extend Time to File Response
First MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss for Failure to State a Claim (Unopposed) by Maximilian Soza Fees. (Attachments: # 1 Text of Proposed Order)(Jordan, David) (Entered: 09/04/2020)
8/24/2020
  • Motion to Dismiss for Failure to State a Claim
*MOTION to Dismiss for Failure to State a Claim by Arizona Board of Regents, Cassandra Aska, Ronald Hicks, Elizabeth Rosenkrantz. (Attachments: # 1 Affidavit Certificate of Service)(Nomkin, Joel) *Modified to remove filers on 8/25/2020 (EJA). (Entered: 08/24/2020)
8/11/2020
  • Order
ORDER: In light of the filing of the Amended Complaint on August 9, 2020, IT IS ORDERED denying as moot Defendants' Motion to Dismiss the original Complaint. (Doc. 11 ) Signed by Senior Judge Susan R Bolton on 8/11/20. (MAW) (Entered: 08/11/2020)
8/10/2020NOTICE re: Regarding Defendants' Motion to Dismiss by Arizona Board of Regents, Arizona State University, Cassandra Aska, Michael Crow, Ron Hicks, Ronald Hicks, Elizabeth Rosenkrantz re: 11 MOTION to Dismiss Case . (Attachments: # 1 Exhibit Ex. A, # 2 Affidavit Certificate of Service)(Nomkin, Joel) (Entered: 08/10/2020)
8/10/2020
  • Motion to Dismiss for Failure to State a Claim
*MOTION to Dismiss for Failure to State a Claim by Arizona State University, Cassandra Aska, Michael Crow, Ron Hicks, Elizabeth Rosenkrantz. (Attachments: # 1 Affidavit Certificate of Service)(Nomkin, Joel) *Modified to correct event type on 8/11/2020 (EJA). (Entered: 08/10/2020)
8/9/2020
  • Complaint
*AMENDED COMPLAINT First against Arizona Board of Regents, Cassandra Aska, Ronald Hicks, Elizabeth Rosenkrantz filed by Maximilian Soza Fees. (Attachments: # 1 Comparison to original)(Jordan, David) *Modified text on 8/10/2020 (EJA). (Entered: 08/09/2020)
7/6/2020NOTICE of Service of Discovery filed by Maximilian Soza Fees. (Jordan, David) (Entered: 07/06/2020)
6/11/20208NOTICE TO FILER OF DEFICIENCY re: 6 Summons Submitted filed by Maximilian Soza Fees. Name on summons for defendant Hicks does not match complaint. 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. (BAS) (Entered: 06/11/2020)
6/11/2020Summons Issued as to Arizona State University, Cassandra Aska, Michael Crow, Elizabeth Rosenkrantz. (Attachments: # 1 Summons, # 2 Summons, # 3 Exhibit)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 06/11/2020)
6/10/2020SUMMONS Submitted by Maximilian Soza Fees. (Attachments: # 1 Summons ASU President, # 2 Summons Dean of Students ASU, # 3 Summons Executive Director ASASU, # 4 Summons SR. Associate Dean of students ASU)(Jordan, David) (Entered: 06/10/2020)
6/10/20205NOTICE TO FILER OF DEFICIENCY re: 3 Summons Submitted filed by Maximilian Soza Fees. Summonses are missing submitting attorney information at bottom of form. 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. (BAS) (Entered: 06/10/2020)
6/9/2020SERVICE EXECUTED filed by Maximilian Soza Fees: Rule 4 Waiver of Service of Summons. Waiver sent on 06/09/2020 to Defendants Dr. Michael Crow, Dr. Cassandra Aska, Dr. Rick Hicks and Elizabeth Rosenkrantz . (Jordan, David) (Entered: 06/09/2020)
6/9/2020SUMMONS Submitted by Maximilian Soza Fees. (Attachments: # 1 Summons Dr.Michael Crow, President of ASU, # 2 Summons Dr. Cassandra Aska, Dead of Students ASU, # 3 Summons Dr. Ronald Hicks Sr. Associate Dean of Students of AUS, # 4 Summons Elizabeth Rosenkrantz, Executive Director (ASAUU))(Jordan, David) (Entered: 06/09/2020)
6/8/2020Filing fee paid, receipt number 0970-18359105. This case has been assigned to the Honorable Susan R Bolton. All future pleadings or documents should bear the correct case number: CV-20-1131-PHX-SRB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) (Entered: 06/08/2020)
6/8/2020
  • Complaint
COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18359105 filed by Maximilian Soza Fees. (Jordan, David) (Attachments: # 1 Civil Cover Sheet, # 2 Verification, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(DLC) (Entered: 06/08/2020)