1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA
9 Anthony Alfieri, No. CV-25-04360-PHX-KML
10 Plaintiff, ORDER
11 v.
12 Cortland Management LLC, et al.,
13 Defendants. 14 15 Plaintiff Anthony Alfieri believes defendant Cortland Management LLC violated 16 the Fair Housing Act by discriminating against him based on his familial status and by 17 retaliating against him after he submitted a complaint to the U.S. Department of Housing 18 and Urban Development. The court dismissed Alfieri’s original complaint because he had 19 not identified any concrete harm he suffered because of Cortland’s alleged actions. The 20 original complaint also lacked sufficient allegations tying Cortland’s alleged actions to 21 Alfieri’s familial status or his agency complaint. (Doc. 6.) Alfieri was granted leave to 22 amend and he filed an amended complaint. (Doc. 7.) 23 According to the amended complaint, Alfieri has received from Cortland “more than 24 15 noise complaints” on days when his daughter was present and no noise complaints on 25 other days. (Doc. 7 at 6.) Alfieri submitted his HUD Complaint on September 15, 2025, 26 and “[w]ithin 48 hours” Cortland demanded a higher rent payment. (Doc. 7 at 6.) Finally, 27 Cortland sent a bill to Alfieri indicating his rent had been raised for the month of December 28 2025. Cortland demanded a rental payment that is “$1,146.11 above the lease rate of 1 $1,696.” (Doc. 7 at 6.) These additional allegations establish Alfieri should serve the 2 amended complaint. 3 IT IS ORDERED Alfieri is responsible for service of the summons and the 4 amended complaint. 5 IT IS FURTHER ORDERED the parties are advised of the following preliminary 6 policies and procedures that will govern these proceedings. 7 Governing Rules 8 Both counsel and pro se litigants must abide by the Rules of Practice of the U.S. 9 District Court for the District of Arizona (“Local Rules”) and the Federal Rules of Civil 10 Procedure. 11 Disclosure Statements 12 Full compliance with Federal Rule of Civil Procedure 7.1 is required by plaintiff(s) 13 and defendant(s). Rule 7.1(a)(1) requires any nongovernmental corporation to file a 14 disclosure statement identifying “any parent corporation and any publicly held corporation 15 owning 10% or more of its stock.” Rule 7.1(a)(2) requires a party in an action where 16 jurisdiction is based on diversity under 28 U.S.C. § 1332(a) to file a disclosure statement 17 identifying the citizenship of “every individual or entity whose citizenship is attributed to 18 that party.” A Corporate Disclosure Statement form is available at 19 https://www.azd.uscourts.gov/forms/disclosure-statement. 20 Service Deadline 21 Service of the summons and complaint on each defendant located in the United 22 States must occur within 90 days of filing the complaint. See Fed. R. Civ. P. 4(m). If service 23 cannot occur within 90 days, a request for an extension may be filed before expiration of 24 the 90-day period. Any such request must set forth the reason why service has not been 25 accomplished and request a specific short additional period of time. If the court believes 26 your reason constitutes “good cause,” it will authorize a brief additional period to 27 accomplish service. 28 Proof of service must be filed with the Clerk of Court, in the form of an affidavit, 1 promptly after service has been made. See Fed. R. Civ. P. 4(l). It is important to comply 2 with this requirement because absent proof of service, the court will have no way of 3 knowing that the complaint has been served. 4 This order serves as an express warning that the court will dismiss this action, 5 without further notice to plaintiff(s), with respect to any defendant that is not timely served. 6 See Fed. R. Civ. P. 4(m). 7 Forms of Papers 8 The parties shall adhere to all of the requirements of Local Rule 7.1, including the 9 requirement that text and footnotes shall be no smaller than 13 point. Citations supporting 10 any textual proposition shall be included in the text, not in a footnote. 11 Notices of supplemental authority and responses to those notices are limited to 350 12 words excluding case captions and signature blocks. 13 Paper Courtesy Copies 14 Do not send paper courtesy copies of Federal Rule of Civil Procedure 7(a) 15 pleadings, short procedural motions (e.g., motions for extension of time), 26(f) reports, or 16 stipulations. A paper courtesy copy of dispositive motions (or other lengthy motions that 17 will be opposed) and any responses or replies thereto shall be either postmarked and mailed 18 to the judge or hand-delivered to the judge’s mailbox in the courthouse by the next business 19 day after the electronic filing. Do not attempt to deliver documents to the judge’s chambers. 20 Courtesy copies should be double-sided and include the ECF-generated header at the top 21 of each page. Courtesy copies of documents too large for stapling must be submitted in 22 three-ring binders. 23 Amending Pleadings 24 Before filing a motion for leave to amend a pleading, the party that wishes to amend 25 must seek the consent of the other parties in an attempt to file the amended pleading 26 pursuant to Local Rule 15.1(b). If any party is unwilling to consent, the motion for leave 27 to amend must indicate which party (or parties) will oppose the request. If a motion for 28 leave to amend a pleading fails to so indicate, the motion will be denied without prejudice 1 for failure to adhere to this order. 2 Motions and Stipulations 3 Every motion or stipulation, however mundane, must cite the rule(s) and/or law(s) 4 that permit the court to grant the requested relief. Requests for extensions of time must 5 include a brief explanation of why the extension is needed to help the court determine 6 whether there is good cause. See Fed. R. Civ. P. 6(b)(1)(A). 7 To ensure timely case processing, a party moving for an extension of time, 8 enlargement of page limitations, or leave to file a document under seal shall indicate in the 9 motion whether the non-movant opposes the request and intends to file a written response. 10 If such a motion does not so indicate, it may be denied for failure to comply with this order. 11 Motions and stipulations should be accompanied by proposed orders. A proposed 12 order is not necessary for motions that will require a reasoned analysis from the court, or 13 for stipulations requesting issuance of the court’s standard protective order with no 14 amendments. These proposed orders must not be on letterhead or contain any information 15 identifying the party submitting the order, and they must set forth the relief requested rather 16 than incorporating the motion or stipulation by reference. See also Local Rule 7.1(b)(3). 17 Proposed orders must be emailed—in Microsoft Word format (not PDF)—to 18 Lanham_Chambers@azd.uscourts.gov. The subject line of the email must include the case 19 name, case number, the words “proposed order for [name of motion],” and an indication 20 of whether the motion is opposed or unopposed if this is not otherwise apparent from the 21 name of the motion.
Free access — add to your briefcase to read the full text and ask questions with AI
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA
9 Anthony Alfieri, No. CV-25-04360-PHX-KML
10 Plaintiff, ORDER
11 v.
12 Cortland Management LLC, et al.,
13 Defendants. 14 15 Plaintiff Anthony Alfieri believes defendant Cortland Management LLC violated 16 the Fair Housing Act by discriminating against him based on his familial status and by 17 retaliating against him after he submitted a complaint to the U.S. Department of Housing 18 and Urban Development. The court dismissed Alfieri’s original complaint because he had 19 not identified any concrete harm he suffered because of Cortland’s alleged actions. The 20 original complaint also lacked sufficient allegations tying Cortland’s alleged actions to 21 Alfieri’s familial status or his agency complaint. (Doc. 6.) Alfieri was granted leave to 22 amend and he filed an amended complaint. (Doc. 7.) 23 According to the amended complaint, Alfieri has received from Cortland “more than 24 15 noise complaints” on days when his daughter was present and no noise complaints on 25 other days. (Doc. 7 at 6.) Alfieri submitted his HUD Complaint on September 15, 2025, 26 and “[w]ithin 48 hours” Cortland demanded a higher rent payment. (Doc. 7 at 6.) Finally, 27 Cortland sent a bill to Alfieri indicating his rent had been raised for the month of December 28 2025. Cortland demanded a rental payment that is “$1,146.11 above the lease rate of 1 $1,696.” (Doc. 7 at 6.) These additional allegations establish Alfieri should serve the 2 amended complaint. 3 IT IS ORDERED Alfieri is responsible for service of the summons and the 4 amended complaint. 5 IT IS FURTHER ORDERED the parties are advised of the following preliminary 6 policies and procedures that will govern these proceedings. 7 Governing Rules 8 Both counsel and pro se litigants must abide by the Rules of Practice of the U.S. 9 District Court for the District of Arizona (“Local Rules”) and the Federal Rules of Civil 10 Procedure. 11 Disclosure Statements 12 Full compliance with Federal Rule of Civil Procedure 7.1 is required by plaintiff(s) 13 and defendant(s). Rule 7.1(a)(1) requires any nongovernmental corporation to file a 14 disclosure statement identifying “any parent corporation and any publicly held corporation 15 owning 10% or more of its stock.” Rule 7.1(a)(2) requires a party in an action where 16 jurisdiction is based on diversity under 28 U.S.C. § 1332(a) to file a disclosure statement 17 identifying the citizenship of “every individual or entity whose citizenship is attributed to 18 that party.” A Corporate Disclosure Statement form is available at 19 https://www.azd.uscourts.gov/forms/disclosure-statement. 20 Service Deadline 21 Service of the summons and complaint on each defendant located in the United 22 States must occur within 90 days of filing the complaint. See Fed. R. Civ. P. 4(m). If service 23 cannot occur within 90 days, a request for an extension may be filed before expiration of 24 the 90-day period. Any such request must set forth the reason why service has not been 25 accomplished and request a specific short additional period of time. If the court believes 26 your reason constitutes “good cause,” it will authorize a brief additional period to 27 accomplish service. 28 Proof of service must be filed with the Clerk of Court, in the form of an affidavit, 1 promptly after service has been made. See Fed. R. Civ. P. 4(l). It is important to comply 2 with this requirement because absent proof of service, the court will have no way of 3 knowing that the complaint has been served. 4 This order serves as an express warning that the court will dismiss this action, 5 without further notice to plaintiff(s), with respect to any defendant that is not timely served. 6 See Fed. R. Civ. P. 4(m). 7 Forms of Papers 8 The parties shall adhere to all of the requirements of Local Rule 7.1, including the 9 requirement that text and footnotes shall be no smaller than 13 point. Citations supporting 10 any textual proposition shall be included in the text, not in a footnote. 11 Notices of supplemental authority and responses to those notices are limited to 350 12 words excluding case captions and signature blocks. 13 Paper Courtesy Copies 14 Do not send paper courtesy copies of Federal Rule of Civil Procedure 7(a) 15 pleadings, short procedural motions (e.g., motions for extension of time), 26(f) reports, or 16 stipulations. A paper courtesy copy of dispositive motions (or other lengthy motions that 17 will be opposed) and any responses or replies thereto shall be either postmarked and mailed 18 to the judge or hand-delivered to the judge’s mailbox in the courthouse by the next business 19 day after the electronic filing. Do not attempt to deliver documents to the judge’s chambers. 20 Courtesy copies should be double-sided and include the ECF-generated header at the top 21 of each page. Courtesy copies of documents too large for stapling must be submitted in 22 three-ring binders. 23 Amending Pleadings 24 Before filing a motion for leave to amend a pleading, the party that wishes to amend 25 must seek the consent of the other parties in an attempt to file the amended pleading 26 pursuant to Local Rule 15.1(b). If any party is unwilling to consent, the motion for leave 27 to amend must indicate which party (or parties) will oppose the request. If a motion for 28 leave to amend a pleading fails to so indicate, the motion will be denied without prejudice 1 for failure to adhere to this order. 2 Motions and Stipulations 3 Every motion or stipulation, however mundane, must cite the rule(s) and/or law(s) 4 that permit the court to grant the requested relief. Requests for extensions of time must 5 include a brief explanation of why the extension is needed to help the court determine 6 whether there is good cause. See Fed. R. Civ. P. 6(b)(1)(A). 7 To ensure timely case processing, a party moving for an extension of time, 8 enlargement of page limitations, or leave to file a document under seal shall indicate in the 9 motion whether the non-movant opposes the request and intends to file a written response. 10 If such a motion does not so indicate, it may be denied for failure to comply with this order. 11 Motions and stipulations should be accompanied by proposed orders. A proposed 12 order is not necessary for motions that will require a reasoned analysis from the court, or 13 for stipulations requesting issuance of the court’s standard protective order with no 14 amendments. These proposed orders must not be on letterhead or contain any information 15 identifying the party submitting the order, and they must set forth the relief requested rather 16 than incorporating the motion or stipulation by reference. See also Local Rule 7.1(b)(3). 17 Proposed orders must be emailed—in Microsoft Word format (not PDF)—to 18 Lanham_Chambers@azd.uscourts.gov. The subject line of the email must include the case 19 name, case number, the words “proposed order for [name of motion],” and an indication 20 of whether the motion is opposed or unopposed if this is not otherwise apparent from the 21 name of the motion. 22 Rule 12 Motions Are Discouraged 23 Any motion under Federal Rule of Civil Procedure 12 is discouraged if the 24 challenged defect in the pleading can be cured by filing an amended pleading. The court 25 therefore requires that: (1) before filing a Rule 12(b)(6) motion to dismiss or a Rule 12(c) 26 motion for judgment on the pleadings, the movant confer with the opposing party to 27 determine whether such motion can be avoided; and (2) the movant attach a certificate of 28 conferral, certifying that it notified the opposing party of the issues asserted in its motion 1 and that the parties conferred but were unable to agree that the pleading was curable in any 2 part by a permissible amendment offered by the pleading party. See also Local Rule 3 12.1(c). The requirement to meet and confer and attach a certificate of conferral applies in 4 equal force to motions to dismiss amended complaints, notwithstanding earlier conferrals 5 and certificates filed before the complaint was amended. Any motion lacking the required 6 certification may be summarily stricken. 7 Multiple defendants represented by the same counsel may not file separate Rule 12 8 motions. Defendants represented by the same counsel who wish to file a Rule 12 motion 9 must file a single joint motion that includes all arguments applicable to any defendant. 10 Protective Orders 11 The court’s standard protective order is available is available at 12 www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → 13 Lanham, Krissa M. If the parties agree that discoverable materials should be kept 14 confidential, they may file a stipulation requesting that the court issue its standard 15 protective order. If the parties wish to propose additional provisions, they may request and 16 stipulate to the additional proposed language, subject to the court’s review. In that case, all 17 language added to the standard order by the parties should be redlined into a Word 18 document using “tracked changes,” and the parties’ Word document with the tracked 19 changes must be emailed to chambers. The parties are reminded that the mere fact the 20 parties have designated certain materials or information as confidential pursuant to an 21 agreement or stipulation does not mean the court will automatically order that filings 22 containing such information be placed under seal. See Ctr. for Auto Safety v. Chrysler Grp., 23 LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). 24 Motions to Seal 25 Local Rule 5.6 governs sealing of court records in unsealed civil actions. Every 26 motion to seal, including stipulations pursuant to Local Rule 5.6(d), must identify the legal 27 standard applicable to the document at issue and explain why the material sought to be 28 sealed meets that standard. The stringent “compelling reasons supported by specific factual 1 findings” standard articulated in Kamakana v. City & County of Honolulu, 447 F.3d 1172, 2 1178 (9th Cir. 2006), applies to motions and their attachments where the motion is “more 3 than tangentially related to the merits of a case.” Ctr. for Auto Safety, 809 F.3d at 1101. 4 Merely noting that a document was designated confidential by a party will not satisfy any 5 applicable legal standard for sealing. 6 Where a party seeks to seal only certain portions of a given document, the 7 unredacted version of the document, which should be lodged under seal pursuant to Local 8 Rule 5.6(c), must include highlighting to indicate which portions of the document the party 9 seeks to redact. 10 Emergencies and Expedited Consideration 11 Any party desiring expedited consideration of a motion or other matter pending 12 before the court may make such a request by filing a separate Notice for Expedited 13 Consideration accompanied by a certificate from counsel for the moving party or, if 14 unrepresented, the moving party. The certificate must set forth the following: 1) the facts 15 establishing the need for expedited resolution; 2) the dates of the imminent events pertinent 16 to the request; 3) whether the motion or request for expedited consideration could have 17 been filed earlier; and 4) when or how the moving party will provide notice to all other 18 parties and the other parties’ positions on the motion. A request for expedited consideration 19 that is simply mentioned in the caption/title of the related filing will not be considered—a 20 separate notice and certificate must be filed. 21 Requests to Reschedule Court Dates 22 The court interprets Local Rule 7.3(b) as applying to requests to reschedule court 23 dates due to attorney conflicts. As such, and to enable the court to efficiently manage cases, 24 such requests must be made by motion or stipulation, must indicate the position of each 25 other party, and (unless another party plans to file a written opposition, which would be 26 appropriate only in rare circumstances) must propose to the court at least three dates/times 27 when all counsel are available for rescheduling purposes. 28 1 Noncompliance 2 The parties are specifically advised that failure to prosecute, to comply with court 3 || orders, or to comply with the Local and Federal Rules may result in dismissal of all or part 4|| of this case, default, imposition of sanctions, or summary disposition of matters pending 5|| before the court. See also Local Rule 7.2(1) (‘If a motion does not conform in all substantial || respects with the requirements of [the Local Rules], or if the [opposing party] does not 7\|| serve and file the required answering memoranda, . .. such noncompliance may be deemed 8 || aconsent to the denial or granting of the motion and the court may dispose of the motion summarily.”). 10 IT IS FURTHER ORDERED: 11 1. That plaintiff(s) must promptly serve a copy of this order on defendant(s) and file a notice of service with the Clerk of Court; 13 2. That, unless the court orders otherwise, on March 6, 2026 the Clerk of Court shall terminate without further notice any defendant in the United States that has not been 15 || served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. 16 Dated this 19th day of December, 2025. 17
19 AA ANCAP EA _ Honorable Krissa M. Lanham 20 United States District Judge 21 22 23 24 25 26 27 28
-7-