MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Filing 343

MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Doc. 343

1 RYLEY CARLOCK & APPLEWHITE, 2 One North Central Avenue, Suite 1200 3 Telephone: [phone]
[e-mail] Phoenix, Arizona 85004-4417 Telecopier: 602-257-9582 A PROFESSIONAL ASSOCIATION

4 John C. Lemaster (AZ Bar #011588) 5 William B. McManus (AZ Bar #013607) 6 Robert J. Pohlman (AZ Bar #004601) 7 Rodolfo Parga, Jr. (AZ Bar #015514) 8 John M. Fry (AZ Bar #020455) 9 Kara A. Ricupero (AZ Bar #020647) 10 Peter J. Borns (AZ Bar #020998) 11 Sean T. Hood (AZ Bar #022789) 12 Attorneys for Plaintiff 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
vs. 2.13 acres, more or less, of temporary construction easement located in Yavapai County, et al., Defendants. vs. .76 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff,
[e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, No. CV-07-8134-PCT-JWS Parcel No. YA-019.34 STATUS REPORT ON SERVICE OF PROCESS (Assigned to the Honorable John W. Sedwick) No. CV-07-8135-PCT-JWS Parcel No. YA-019.42.010.WS

904602.1 12/6/07

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .19 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .41 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .31 acre, more or less, of temporary construction easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. 1.58 acres, more or less, of permanent easement located in Yavapai County, et al., Defendants.

No. CV-07-8136-PCT-JWS Parcel No. YA-072

No. CV-07-8137-PCT-JWS Parcel No. YA-093

No. CV-07-8138-PCT-JWS Parcel Nos. YA-110.WS

No. CV-07-8139-PCT-JWS Parcel No. YA-111

-2-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. 1.51 acres, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. 1.15 acres, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. 1.0 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .07 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants.

No. CV-07-8141-PCT-JWS Parcel No. YA-124

No. CV-07-8142-PCT-JWS Parcel No. YA-135.07

No. CV-07-8143-PCT-JWS Parcel No. YA-137

No. CV-07-8144-PCT-JWS Parcel No. YA-138

-3-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .82 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .15 acre, more or less, of temporary construction easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .08 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .39 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants.

No. CV-07-8145-PCT-JWS Parcel No. YA-138.01

No. CV-07-8146-PCT-JWS Parcel No. YA-141.02.WS

No. CV-07-8147-PCT-JWS Parcel No. YA-143.01

No. CV-07-8148-PCT-JWS Parcel No. YA-144.05

-4-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .14 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .07 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. 1.40 acres, more or less, of temporary construction easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. 1.40 acres, more or less, of permanent easement located in Yavapai County, et al., Defendants.

No. CV-07-8149-PCT-JWS Parcel Nos. YA-207, YA2 0 7 .0 1

No. CV-07-8150-PCT-JWS Parcel No. YA-208

No. CV-07-8151-PCT-JWS Parcel No. YA-004.WS

No. CV-07-8152-PCT-JWS Parcel No. YA-225

-5-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .39 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .16 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .28 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants. TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, vs. .32 acre, more or less, of permanent easement located in Yavapai County, et al., Defendants.

No. CV-07-8155-PCT-JWS Parcel No. YA-063

No. CV-07-8156-PCT-JWS Parcel No. YA-122.01

No. CV-07-8157-PCT-JWS Parcel No. YA-133.012

No. CV-07-8158-PCT-JWS Parcel No. YA-198

Pursuant to the Court's Order dated December 5, 2007, the Court has required Transwestern Pipeline Company LLC ("Transwestern") to "forthwith file a report advising when it expects to be able to perfect service on each of the above cases" (Order

-6-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

at p. 9 or p. 32). Accordingly, Transwestern files this Report on Service of Process. Transwestern is expediting service of process. Service began on Monday,

December 3, 2007. As of December 5, 2007, Transwestern has served approximately 170 named defendants in all actions. Transwestern anticipates that the remaining named defendants whose whereabouts are known will be served by December 7, 2007. Currently, Transwestern has been unable to serve approximately 18 defendants upon whom service has been attempted. Transwestern is hopeful that service on these

defendants can be effected by Monday, December 10, 2007. Transwestern has also delivered courtesy copies of all filings on counsel of whom Transwestern is aware. Counsel was identified as representing a defendant during negotiations or during the Federal Energy Regulatory Commission ("FERC") process. For unknown defendants or defendants whose whereabouts are unknown, Transwestern commenced publication in Yavapai, Maricopa and Pinal Counties publications on December 5 and 6, 2007. Under Rule 71.1, formerly 71A, Federal Rules of Civil Procedure, process by publication will be effective by December 20, 2007. Transwestern also has several cases, which for various reasons it could not yet file. Transwestern anticipates these suits will be filed no later than December 14, 2007 and service made the same day or no later than December 17, 2007. Because of the nature of cases and the numerous defendants, Transwestern has not yet filed affidavits of service. Transwestern anticipates to begin receiving the affidavits on Thursday, December 6, 2007 and to begin filing these affidavits of service immediately. Finally, on case, CV-07-8140-PCT-JWS, Parcel No. YA-123 has been dismissed because a settlement has been reached. Transwestern anticipates that several other suits will be dismissed because settlements will be reached.

-7-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED this ______ day of December, 2007. RYLEY CARLOCK & APPLEWHITE, A Professional Association By /s/John C. Lemaster John C. Lemaster William B. McManus Robert J. Pohlman Rodolfo Parga, Jr. John M. Fry Kara A. Ricupero Peter J. Borns Sean T. Hood Attorneys for Plaintiff

-8-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CERTIFICATE OF SERVICE I hereby certify that on this date, I electronically transmitted the attached Status Report of Service of Process using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing. DATED this day of December, 2007. /s/Gina Zamora

-9-