Gephart v. Merryman et al
| Brent Gephart |
| Doug Merryman and OPMNY, LLC |
| 2:2018cv01670 |
| September 1, 2018 |
| US District Court for the District of Nevada |
| Carl W Hoffman |
| Gloria M Navarro |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 15, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 51 REPLY to Response to #34 Motion to Dismiss by Defendant Doug Merryman. (Ciciliano, Dylan) |
| Filing 50 CERTIFICATE OF SERVICE for #45 Motion for TRO, #47 Motion for Preliminary Injunction, #43 Motion to Intervene, by Defendants Doug Merryman, OPMNY, LLC. (Ciciliano, Dylan) |
| Filing 49 CERTIFICATE OF SERVICE for #45 Motion for TRO, #47 Motion for Preliminary Injunction, #43 Motion to Intervene, by Defendants Doug Merryman, OPMNY, LLC. (Ciciliano, Dylan) |
| Filing 48 SUPPLEMENTAL BRIEF re #45 Motion for TRO, #47 Motion for Preliminary Injunction, by Defendant Doug Merryman. (Attachments: #1 Index, #2 Exhibit Decl. of Doug Merryman, #3 Exhibit Exhibit 1-A) (Ciciliano, Dylan) |
| Filing 47 MOTION for Preliminary Injunction by Defendants Doug Merryman, OPMNY, LLC. Responses due by 12/11/2018. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 1A, #4 Exhibit 1B, #5 Exhibit 1C, #6 Exhibit 2, #7 Exhibit 2A, #8 Exhibit 2B, #9 Exhibit 2C, #10 Exhibit 2D, #11 Exhibit 2E, #12 Exhibit 2F, #13 Exhibit 2G, #14 Exhibit 2H, #15 Exhibit 3, #16 Proposed Order 4) (Ciciliano, Dylan) |
| Filing 46 CLERK'S NOTICE. Attorney Action Required to ECF No. #45 . Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to file ONLY the "Motion for Preliminary Injunction" located in ECF No. #45 as a separate entry to be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing two separate documents for each request or purpose. DO NOT REFILE THE MOTION FOR TEMPORARY RESTRAINING ORDER. (no image attached) (DKJ) |
| Filing 45 Emergency MOTION for Temporary Restraining Order by Defendants Doug Merryman, OPMNY, LLC. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 1A, #4 Exhibit 1B, #5 Exhibit 1C, #6 Exhibit 2, #7 Exhibit 2A, #8 Exhibit 2B, #9 Exhibit 2C, #10 Exhibit 2D, #11 Exhibit 2E, #12 Exhibit 2F, #13 Exhibit 2G, #14 Exhibit 2H, #15 Exhibit 3, #16 Proposed Order 4) (Ciciliano, Dylan) |
| Filing 44 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 11/26/2018. Pending before the Court is Plaintiff's Motion for Extension of Time to File a Response to Defendant's Motion to Dismiss Amended Complaint, (ECF No. #38 ). However, Plaintiff filed his Response within the original deadline of November 23, 2018; and thus an extension is no longer necessary. Accordingly, IT IS HEREBY ORDERED that Plaintiff's #38 Motion is DENIED as moot. (Copies have been distributed pursuant to the NEF - KK) |
| Filing 43 Emergency MOTION to Intervene , or in the alternative, Motion to Remand by Defendant OPMNY, LLC. Responses due by 12/10/2018. (Attachments: #1 Exhibit, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Ciciliano, Dylan) |
| Filing 42 RESPONSE to #34 Motion to Dismiss by Plaintiff Brent Gephart. Replies due by 11/30/2018. (Julander, Dirk) |
| Filing 41 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (MR) |
Filing 40
SCHEDULING ORDER re #39 Proposed Discovery Plan/Scheduling Order. Discovery due by 8/16/2019. Motions due by 9/16/2019. Proposed Joint Pretrial Order due by 10/16/2019. Signed by Magistrate Judge Carl W. Hoffman on 11/20/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 39 PROPOSED Discovery Plan/Scheduling Order by Plaintiff Brent Gephart (Julander, Dirk) |
| Filing 38 MOTION to Extend Time (First Request) re #34 Motion to Dismiss by Plaintiff Brent Gephart. (Julander, Dirk) |
| Filing 37 TRANSCRIPT of Proceedings, 28 Preliminary/Permanent Injunction Hearing, held on 11/2/2018, before Chief Judge Gloria M. Navarro. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 12/9/2018. Redacted Transcript Deadline is set for 12/19/2018. Release of the Transcript Restriction is set for 2/16/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
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Filing 36
ORDER Granting #35 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Catherine A. Close for Brent Gephart and approving Designation of Local Counsel Todd Prall. Signed by Chief Judge Gloria M. Navarro on 11/15/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
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| Filing 35 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Catherine A. Close and DESIGNATION of Local Counsel Todd Prall (Filing fee $ 250 receipt number 0978-5319553) by Plaintiff Brent Gephart. (Julander, Dirk) |
| Filing 34 MOTION to Dismiss #11 Amended Complaint by Defendant Doug Merryman. Responses due by 11/23/2018. (Ciciliano, Dylan) |
| Filing 33 Submission of PROPOSED ORDER by Defendant Doug Merryman. (Ciciliano, Dylan) |
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Filing 32
ORDER for Preliminary Injunction. Signed by Chief Judge Gloria M. Navarro on 11/6/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 31
ORDER. IT IS HEREBY ORDERED that #19 Defendant's Emergency Motion to Dissolve, or in the Alternative, Amend Temporary Restraining Order is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that certain provisions of the Courts temporary restraining order will extend until trial in the form of a preliminary injunction, the terms of which will be stated in a separate Order. Signed by Chief Judge Gloria M. Navarro on 11/6/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 30 EXHIBIT Supplemental to #12 Motion for TRO,,,, by Plaintiff Brent Gephart. (Attachments: #1 Exhibit, #2 Exhibit) (Julander, Dirk) |
| Filing 29 Submission of PROPOSED ORDER on #12 Motion for TRO,,,, by Plaintiff Brent Gephart. (Prall, Todd) |
| Filing 28 MINUTES OF PROCEEDINGS - Preliminary Injunction Hearing held on 11/2/2018 before Chief Judge Gloria M. Navarro. Crtrm Administrator: Aaron Blazevich; Pla Counsel: Todd Prall and Dirk Julander; Def Counsel: Dylan Ciciliano and Greg Garman with Defendant Doug Merryman; Court Reporter: Patty Ganci; Time of Hearing: 9:46 a.m. - 11:25 a.m.; Courtroom: 7D; The Court makes preliminary statements and hears representations from counsel. Mr. Julander makes arguments. Mr. Ciciliano responds. The #19 Motion to Amend/Correct Temporary Restraining Order is taken under submission. The parties are advised to file proposed orders (jointly or individually). The Temporary Restraining Order is extended until end of business on Tuesday, November 6, 2018, or will dissolve when the Preliminary Injunction is signed. The Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 27 REPLY to Response to #19 Motion to Amend/Correct, by Defendant Doug Merryman. (Attachments: #1 Index, #2 Exhibit Delaration of Doug Merryman, #3 Exhibit Declaration of Dylan T. Ciciliano, #4 Exhibit 2A, #5 Exhibit 2B, #6 Exhibit 2C, #7 Exhibit 2D) (Ciciliano, Dylan) |
| Filing 26 APPENDIX to #25 Brief by Defendant Doug Merryman. (Ciciliano, Dylan) |
| Filing 25 SUPPLEMENTAL BRIEF re #12 Motion for TRO,,,, by Defendant Doug Merryman. (Ciciliano, Dylan) |
| Filing 24 SUPPLEMENTAL BRIEF re #12 Motion for TRO,,,, by Plaintiff Brent Gephart. (Attachments: #1 Declaration of Brent Gephart, #2 [Proposed] Order for Preliminary Injunction) (Julander, Dirk) |
| Filing 23 RESPONSE to #19 Motion to Amend/Correct, by Plaintiff Brent Gephart. Replies due by 11/6/2018. (Attachments: #1 Declaration of Brent Gephart) (Julander, Dirk) |
| Filing 22 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 10/24/2018. By Deputy Clerk: Aaron S. Blazevich. Pending before the Court is #19 Motion to Amend/Correct filed by Defendant Doug Merryman. IT IS HEREBY ORDERED that responses are due by 12:00 p.m. on 10/30/2018. IT IS FURTHER ORDERED that replies are due by 12:00 p.m. on 11/1/2018. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 21 TRANSCRIPT of Proceedings, 15 Motion Hearing, held on 10/19/2018, before Chief Judge Gloria M. Navarro. Court (Reporter) Transcriber: Amber McClane, AM@nvd.uscourts.gov. Recording start and end times: 2:00 p.m. - 3:40 p.m. Any Redaction Request is due by 11/13/2018. Redacted Transcript Deadline is set for 11/23/2018. Release of the Transcript Restriction is set for 1/21/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. The Transcript Order Form is available on the court website. After that date, the transcript may be obtained through the court reporter or PACER. (AMM) |
| Filing 20 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Attorney account information is different from the address information contained in the filed document, ECF No. #19 . Attorney Andrew P. Dunning is advised to review and update his/her user account information. (no image attached) (DKJ) |
| Filing 19 Emergency MOTION to Amend/Correct #18 Temporary Restraining Order, by Defendant Doug Merryman. Responses due by 11/5/2018. (Attachments: #1 Index Index of Exhibits, #2 Declaration Dylan T. Ciciliano, #3 Exhibit 1-A, #4 Exhibit 1-B, #5 Exhibit 1-C, #6 Declaration Doug Merryman, #7 Exhibit 2-A, #8 Exhibit 2-B, #9 Exhibit 2-C, #10 Exhibit 2-D, #11 Exhibit 2-E) (Ciciliano, Dylan) |
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Filing 18
TEMPORARY RESTRAINING ORDER. A Preliminary Injunction Hearing is set for 11/2/2018 at 9:30 AM in LV Courtroom 7D before Chief Judge Gloria M. Navarro. Signed by Chief Judge Gloria M. Navarro on 10/19/2018. (Copies have been distributed pursuant to the NEF - ASB)
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Filing 17
ORDER granting #12 Motion for Temporary Restraining Order. Brief due by 10/30/2018. Signed by Chief Judge Gloria M. Navarro on 10/19/2018. (Copies have been distributed pursuant to the NEF - ASB)
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| Filing 16 Submission of PROPOSED ORDER on #12 Motion for TRO,,,, by Plaintiff Brent Gephart. (Kistler, Joseph) |
| Filing 15 MINUTES OF PROCEEDINGS - Motion Hearing held on 10/19/2018 before Chief Judge Gloria M. Navarro. Crtrm Administrator: Aaron Blazevich; Pla Counsel: Dirk Julander and Todd Prall; Def Counsel: Erika Turner and Dylan Ciciliano with Doug Merryman; Time of Hearing: 2:00 p.m. - 3:40 p.m.; Electronic Court Recorder Operator: Araceli Bareng; Courtroom: 7D; The Court makes preliminary statements and hears representations from counsel. The Court identifies concerns and poses questions to the parties regarding the #12 Emergency MOTION for Temporary Restraining Order or Preliminary Injunction filed by Plaintiff Brent Gephart. Mr. Julander addresses the Court on the issues posed. Ms. Turner responds. Mr. Julander replies. The Court orders the Plaintiff to tailor the proposed order to reflect the relief requested and to identify any appropriate names in the order. The Court takes the #12 Motion under submission. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 14 RESPONSE to #12 Motion for TRO,,,, by Defendant Doug Merryman. Replies due by 10/25/2018. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Turner, Erika) |
| Filing 13 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 10/16/2018. Pending before the Court is Plaintiff Brent Gephart's #12 Motion for Temporary Restraining Order. For good cause appearing, IT IS HEREBY ORDERED that the response to the Motion is due on Thursday, October 18, 2018, by 12:00 p.m. IT IS FURTHER ORDERED that the parties shall appear before the Court on Friday, October 19, 2018, at 2:00 p.m. in LV Courtroom 7D before Chief Judge Gloria M. Navarro to argue issues raised in the #12 Motion.(Copies have been distributed pursuant to the NEF - KK) |
| Filing 12 Emergency MOTION for Temporary Restraining Order or Preliminary Injunction by Plaintiff Brent Gephart. (Attachments: #1 Declaration of Brent Gephart, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Declaration of Dirk Julander, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Request for Judicial Notice, #41 Exhibit 26, #42 Exhibit 27, #43 Exhibit 32, #44 Exhibit 34, #45 Exhibit 36, #46 Proposed Order) (Julander, Dirk) Modified on 10/16/2018 pursuant to LR IC 2-2(c) (DKJ). |
| Filing 11 First AMENDED COMPLAINT with Jury Demand against Doug Merryman by Brent Gephart. Removes parties. Proof of service due by 1/14/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Prall, Todd) |
| Filing 10 SUMMONS Returned Executed by Brent Gephart re #1 Complaint,. Brent Gephart served on 9/16/2018, answer due 10/7/2018. (Julander, Dirk) |
| Filing 9 CERTIFICATE of Interested Parties by Brent Gephart. There are no known interested parties other than those participating in the case (Julander, Dirk) |
| Filing 8 SUMMONS Returned Executed by Brent Gephart re #3 Summons Issued. OPMNY, LLC served on 9/12/2018, answer due 10/3/2018. (Prall, Todd) |
| Filing 7 CERTIFICATE of Interested Parties by Doug Merryman. There are no known interested parties other than those participating in the case (Turner, Erika) |
| Filing 6 MOTION to Dismiss by Defendant Doug Merryman. Responses due by 10/16/2018. Discovery Plan/Scheduling Order due by 11/16/2018. (Turner, Erika) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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Filing 5
ORDER Granting #4 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Dirk O Julander for Brent Gephart and approving Designation of Local Counsel Todd Prall. Signed by Chief Judge Gloria M. Navarro on 9/17/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
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| Filing 4 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Dirk O. Julander and DESIGNATION of Local Counsel Todd Prall (Filing fee $ 250 receipt number 0978-5242478) by Plaintiff Brent Gephart. (Julander, Dirk) |
| Filing 3 Summons Issued as to All Defendants re #1 Complaint. (MR) |
| Filing 2 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Dirk O Julander to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 10/19/2018. (no image attached) (MR) |
| Case assigned to Chief Judge Gloria M. Navarro and Magistrate Judge Carl W. Hoffman. (MR) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-5224655) by Brent Gephart. Proof of service due by 11/30/2018. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons, #3 Summons)(Prall, Todd) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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