Civil Docket for Case 2:25-cv-01122-MTL: Fin Cap Incorporated v. Capital Plus Financial LLC

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The civil docket for Fin Cap Incorporated v. Capital Plus Financial LLC, No. 2:25-cv-01122-MTL, in the U.S. District Court for the District of Arizona (Phoenix Division), assigned to Judge Michael T Liburdi and marked CLOSED. Fin Cap Incorporated, doing business as Blueacorn, filed an Application for Confirmation of Arbitration Award on April 3, 2025, and an order of April 4, 2025 granted its motion to seal Exhibit 1. An order entered May 21, 2025 confirms the Final Award issued in AAA No. 01-23-0001-1748, dated April 29, 2024, pursuant to 9 U.S.C. § 9, and directs that Judgment be entered in favor of Blueacorn and against Capital Plus Financial, LLC. The order awards neither party attorneys' fees or costs, and an amended clerk's judgment terminates the action.

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CLOSED , STD

U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:25-cv-01122-MTL

Fin Cap Incorporated v. Capital Plus Financial LLC Assigned to: Judge Michael T Liburdi Cause: 9:9 Motion to Confirm Arbitration Loan | Date Filed: 04/03/2025 Date Terminated: 05/21/2025 Jury Demand: None Nature of Suit: 896 Other Statutes: Arbitration Jurisdiction: Diversity
Plaintiff
Fin Cap Incorporated doing business as Blueacorn | represented by | Ben Joshua Himmelstein Himmelstein & Adkins 6720 N Scottsdale Rd., Ste. 261 Scottsdale, AZ 85253 480-228-1363 Email: bjh@h-a.law LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik Daniel Smith Himmelstein & Adkins 6720 N Scottsdale Rd., Ste. 261 Scottsdale, AZ 85253 480-228-1363 Fax: 480-485-6178 Email: eds@h-a.law LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.
Defendant
Capital Plus Financial LLC | represented by | David B Rosenbaum Osborn Maledon PA - Phoenix 2929 N Central Ave., Ste. 2000 Phoenix, AZ 85012 602-640-9000 Fax: 602-640-9050 Email: drosenbaum@omlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed | # | Docket Text
04/03/2025 | 1 | COMPLAINT (Titled: Application for Confirmation of Arbitration Award). Filing fee received: $405.00, receipt number AAZDC-24152451 filed by Fin Cap Incorporated. (submitted by Ben Himmelstein) (Attachments: # 1 Proposed Order, # 2 Civil Cover Sheet)(REK) (Entered: 04/04/2025)
04/03/2025 | 2 | MOTION to Seal Exhibit re: 1 Complaint (Titled: Application for Confirmation of Arbitration Award) by Fin Cap Incorporated. (submitted by Ben Himmelstein) (Attachments: # 1 Proposed Order)(REK) (Entered: 04/04/2025)
04/03/2025 | 3 | *FILED at Doc. 10 *SEALED LODGED Proposed Exhibit 1 re: 2 MOTION to Seal Document 1 Complaint (Titled: Application for Confirmation of Arbitration Award). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Fin Cap Incorporated. (submitted by Ben Himmelstein) (REK) *Modified on 4/4/2025 (MAP). (Entered: 04/04/2025)
04/03/2025 | 4 | SUMMONS Submitted by Fin Cap Incorporated. (submitted by Ben Himmelstein) (REK) (Entered: 04/04/2025)
04/03/2025 | 5 | Filing fee paid, receipt number AAZDC-24152451. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-25-01122-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 04/04/2025)
04/03/2025 | 7 | NOTICE TO PARTY RE: DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached 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 Disclosure Statement should be filed within 14 days. Disclosure Statement Deadline set as to Fin Cap Incorporated. (REK) (Entered: 04/04/2025)
04/04/2025 | 6 | Summons Issued as to Capital Plus Financial LLC. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/04/2025)
04/04/2025 | 8 | NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Fin Cap Incorporated. FOLLOW-UP ACTION REQUIRED: Attorney must update PACER account to match law firm information on pleading: Erik Daniel Smith . Law firm name listed on pleading: Himmelstein & Adkins . Law firm in CM-ECF Account: Shein Phanse Adkins PC . 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. (REK) (Entered: 04/04/2025)
04/04/2025 | 9 | ORDER granting 2 Motion to Seal. FURTHER ORDERED directing the Clerk of Court to maintain the documents filed as Exhibit 1 to Plaintiff's Complaint UNDER SEAL. Signed by Judge Michael T Liburdi on 4/4/25. (MAP) (Entered: 04/04/2025)
04/04/2025 | 10 | Sealed Exhibit 1 to 1 Complaint by Fin Cap Incorporated. (MAP) (Entered: 04/04/2025)
04/07/2025 | 11 | Disclosure Statement by Fin Cap Incorporated. (Himmelstein, Ben) (Entered: 04/07/2025)
04/17/2025 | 12 | SERVICE EXECUTED filed by Fin Cap Incorporated: Certificate of Service re: Application/Complaint packet upon Capital Plus Financial, LLC on 04/15/2025. (Himmelstein, Ben) (Entered: 04/17/2025)
05/05/2025 | 13 | Joint MOTION for Extension of Time to File Answer re: 1 Complaint, by Capital Plus Financial LLC. (Attachments: # 1 Proposed Order)(Rosenbaum, David) (Entered: 05/05/2025)
05/06/2025 | 14 | ORDER granting 13 Motion for Extension of Time to Answer. The time for Defendant to file its answer is extended by two weeks, until 5/20/2025. Signed by Judge Michael T Liburdi on 5/6/25. (DXD) (Entered: 05/06/2025)
05/20/2025 | 15 | STIPULATION Stipulated Notice of Lodging Agreed Form of Order Confirming Arbitration Award by Fin Cap Incorporated. (Attachments: # 1 Proposed Order Order Confirming Arb Award)(Himmelstein, Ben) (Entered: 05/20/2025)
05/21/2025 | 16 | ORDER confirming the Final Award issued in Fin Cap, Inc. d/b/a Blueacorn v. Capital Plus Financial, LLC, AAA No. 01-23-0001-1748, dated April 29, 2024 "Final Award," pursuant to 9 U.S.C. § 9. FURTHER ORDERED that Judgment be entered in favor of Blueacorn and against Capital Plus Financial, LLC as described in the Final Award, pursuant to 9 U.S.C. § 13. FURTHER ORDERED that neither Party is awarded attorneys' fees or costs incurred in this action. FINALLY ORDERED directing the Clerk of Court to close this case. Signed by Judge Michael T Liburdi on 5/20/25. (EJA) (Entered: 05/21/2025)
05/21/2025 | 17 | *AMENDED by (Doc. 18 ) CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed May 21, 2025, Judgment is entered in favor of Blueacorn and against Capital Plus Financial, LLC as described in the Final Award, pursuant to 9 U.S.C. § 13. This action is hereby terminated. (EJA) Modified on 5/21/2025 (EJA). (Entered: 05/21/2025)
05/21/2025 | 18 | AMENDED CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Courts order filed May 21, 2025, Judgment is entered in favor of Blueacorn and against Capital Plus Financial, LLC as described in the Final Award, pursuant to 9 U.S.C. § 13. This action is hereby terminated. (EJA) (Entered: 05/21/2025)

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