Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Oretech, Inc., Plaintiff, vs. Pacific Rocky Mountain, Inc., et al., Defendants.

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No. CIV 04-0145-PHX-MHM

ORDER

Pursuant to an Order of Referral the Court conducted a Rule 16 scheduling hearing in this matter. By separate Order the undersigned will enter the Rule 16 Scheduling Order in this case. This Order addresses a matter raised at the Rule 16 scheduling conference by counsel for Plaintiff. Plaintiff's counsel advised that no answer had been filed on behalf of Defendant Logan and indeed the docket contains no entry of Logan's answer. The Court understood Plaintiff's counsel to state that there was a pending motion for entry of default addressed to this failure to answer, but a review of the docket shows that there is no pending motion for entry of default. Default was last addressed in Judge Murguia's March 23, 2005 Order (Docket # 21) which denied Plaintiff's Motion for entry of default and granted Defendants 20 days leave to answer. Further review of the docket shows that a number of orders mailed to Defendant Logan were returned to the Court as undeliverable. These returned mailings included the March 23, 2005 Order. During the Rule 16 conference Mr. Logan informed the Court that his correct mailing address is "7900 NW 74th Terrace" not the "7900 NW 79 Terrace" set forth on the court
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mailings which were returned as undeliverable. The Clerk of Court will update the docket to reflect Mr. Logan correct address. At the Rule 16 conference Mr. Logan stated that he had answered the complaint. The Court directed him to telecopy his answer and mailing certificate to the Court's chambers and to all parties. On August 19, 2005, the Court received the required telecopy from Mr. Logan which included an undated answer, a letter, but no mailing certificate from Mr. Logan. Also included with the telecopied documents was an additional piece of paper entitled "COUNTERCLAIM" which is dated August 19, 2005. These telecopied documents will be attached to this Order as exhibits. Thus it appears from the docket that Defendant may not have received the Orders which were returned as undeliverable. On the other hand, Defendant states that he answered the complaint as required by one of the Orders which was returned as undeliverable. Yet the docket reflects no such filing. Moreover, the absence of a mailing certificate demonstrates the utility of this requirement of the Civil Rules. See Rule 5(d) of the Rules of Civil Procedure. See also Local Rule LRCiv 83.3(c)(1).1 In light of the returned mail and the correction of Defendant's address, IT IS ORDERED that Defendant Logan FILE his answer, IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE and LOCAL RULES of this Court, within twenty (20) days of the filing date of this Order. Defendant is reminded that all of the documents telecopied to the chambers of the undersigned on August 19, 2005, have not been filed. They are merely attached as exhibits to this Order. IT IS FURTHER ORDERED that the Clerk of Court update the docket to reflect Mr. Logan's correct address.

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The Local Rules for the District of Arizona, Rules of Civil Procedure and Rules of Evidence are available at the Court's website: http://www.azd.uscourts.gov/ -2-

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IT IS FURTHER ORDERED that the Clerk of the Court remail copies of the orders (Doc. #21, 24, 28, and 32) returned as undeliverable to Mr. Logan. DATED this 22nd day of August, 2005.

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