Walsh v. Unforgettable Coatings, Inc. et al
| Eugene Scalia and Martin J. Walsh |
| Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc., Shane Sandall, Shaun McMurray, Unforgettable Coatings of Utah, Inc. doing business as Unforgettable Coatings, Unforgettable Coatings of Arizona, LLC doing business as Unforgettable Coatings, Unforgettable Coatings of Idaho, LLC doing business as Unforgettable Coatings, Blue Ape Painting, LLC and Galia Carnejo |
| 2:2020cv00510 |
| March 12, 2020 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Kent J Dawson |
| Brenda Weksler |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
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Filing 187
Order Denying all pending motions as moot. ORDER Denying as moot #89 Motion for Order to Show Cause. ORDER Denying as moot #112 Motion for Leave to File Document. ORDER Denying as moot #118 Motion for Sanctions. ORDER Denying as moot #151 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1. Signed by Judge Kent J. Dawson on 9/23/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 186
ORDER setting Settlement Conference. Settlement Conference set for 11/8/2022 at 10:00 AM in LV Courtroom 3A before Magistrate Judge Daniel J. Albregts. See Order for further details. Signed by Magistrate Judge Daniel J. Albregts on 9/21/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 185
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 9/15/2022. Re: #184 Joint status report regarding settlement. In their joint status report, the parties request a settlement conference. IT IS THEREFORE ORDERED that a settlement conference is set for November 8, 2022 at 10:00 AM in LV Courtroom 3A before the Honorable Magistrate Judge Daniel J. Albregts. The settlement conference will be in person. An order containing the details of the conference and briefing will follow. (no image attached) (Copies have been distributed pursuant to the NEF - TG)
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Filing 184
Joint STATUS REPORT Regarding Settlement by Defendants Blue Ape Painting, LLC, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc... (Sliker, Joshua)
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Filing 183
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 8/25/2022. Re: #182 Joint notice of settlement. The parties represent that they have reached a final and complete resolution of this case and request until September 14, 2022 to file consent judgment paperwork. IT IS THEREFORE ORDERED that the parties shall have until September 14, 2022 to file their consent judgment paperwork or a joint status report explaining what is impeding settlement and how or if the Court can assist. IT IS FURTHER ORDERED that the hearing set for September 1, 2022 #180 is VACATED. IT IS FURTHER ORDERED that Defendants motion to appoint a special master #171 is DENIED AS MOOT (no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Filing 182
NOTICE Joint Notice of Settlement by Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc... (Sliker, Joshua)
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Filing 181
NOTICE of Appearance by attorney Jessica M. Flores on behalf of Plaintiff Martin J. Walsh. (Flores, Jessica)
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Filing 180
ORDER Granting #167 Motion to Quash. ORDER Granting in part and Denying in part #169 Motion for Protective Order. ORDER Granting #172 Motion to Expedite. Hearing re #171 Motion to Appoint Special Master set for 9/1/2022 at 11:00 AM in LV Courtroom 3A before Magistrate Judge Daniel J. Albregts. Signed by Magistrate Judge Daniel J. Albregts on 8/23/2022. (Copies have been distributed pursuant to the NEF - TRW)
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Filing 179
REPLY to #175 Response to #172 Motion to Expedite and #171 Motion to Appoint Special Master by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Sliker, Joshua) Modified to add underlying motions on 8/7/2022 (DRS).
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Filing 178
ORDER Granting #177 Stipulation for Extension of Time to File Reply to #171 Motion to Appoint Special Master and #172 Motion to Expedite. Replies due by 8/5/2022. Signed by Magistrate Judge Daniel J. Albregts on 8/5/2022. (Copies have been distributed pursuant to the NEF - ABG)
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Filing 177
STIPULATION FOR EXTENSION OF TIME (First Request) re #172 Motion to Expedite,,, #171 Motion to Appoint Special Master,,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Sliker, Joshua) (extend) (nondispositive)
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Filing 176
REPLY to Response to #169 Motion for Protective Order, by Plaintiff Martin J. Walsh. (Song, Charles)
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Filing 175
RESPONSE to #172 Motion to Expedite,,, #171 Motion to Appoint Special Master,,, by Plaintiff Martin J. Walsh. Replies due by 8/3/2022. (Attachments: #1 Declaration of Victoria Yee)(Song, Charles)
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Filing 174
REPLY to Response to #167 Motion to Quash by Plaintiff Martin J. Walsh. (Attachments: #1 Declaration Kathryn Panaccione, #2 Exhibit A)(Panaccione, Kathryn)
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Filing 173
RESPONSE to #169 Motion for Protective Order, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Replies due by 7/27/2022. (Attachments: #1 Exhibit 1 - News Article, #2 Exhibit 2 - Arriba Tweets, #3 Exhibit 3 - News Article, #4 Exhibit 4 - Deposition of Ferra, #5 Exhibit 5 - Deposition of Lama, #6 Exhibit 6 - Deposition of Verdugo, #7 Exhibit 7 - Deposition of Sanchez, #8 Exhibit 8 - Deposition of Ramirez, #9 Exhibit 9 - Deposition of Cespedes, #10 Exhibit 10 - Deposition of Dubon, #11 Exhibit 11 - Plaintiff's Responses to Defendants' Special Interrogatories)(Sliker, Joshua)
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Filing 172
MOTION to Expedite re #171 Motion to Appoint Special Master,,, #170 Response, #167 Motion to Quash by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 7/27/2022. (Attachments: #1 Exhibit 1-Deposition Excerpts, #2 Exhibit 2-Plaintiff's ROG Responses, #3 Exhibit 3-Defendants' Subpoena Notice)(Sliker, Joshua) (discovery)
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Filing 171
MOTION to Appoint Special Master re #170 Response, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 7/27/2022. (Attachments: #1 Exhibit 1-Deposition Excerpts, #2 Exhibit 2-Plaintiff's ROG Responses, #3 Exhibit 3-Defendants' Subpoena Notice)(Sliker, Joshua)
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Filing 170
RESPONSE to #167 Motion to Quash by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Replies due by 7/20/2022. (Attachments: #1 Exhibit 1-Deposition Excerpts, #2 Exhibit 2-Plaintiff's ROG Responses, #3 Exhibit 3-Defendants' Subpoena Notice)(Sliker, Joshua)
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Filing 169
MOTION for Protective Order by Plaintiff Martin J. Walsh. by Plaintiff Martin J. Walsh. Responses due by 7/20/2022. (Attachments: #1 Declaration of Jennifer Shim, #2 Declaration of Charles Song, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I)(Song, Charles)
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Filing 168
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 6/30/2022. Re: #167 Secretary's motion to quash. Although not styled as an emergency motion as required under Local Rule 7-4, the Secretary's motion seeks expedited relief, asking the Court to act immediately to decide the motion to quash before July 8, 2022. (ECF No. #167 at 1, 7). Nonetheless, the Court finds that expedited consideration is unnecessary under LR 7-4(c).IT IS THEREFORE ORDERED that response and reply briefs are due in the ordinary course. IT IS FURTHER ORDERED that the responses to the Rule 45 subpoenas sent to Arriba Las Vegas Worker Center; Bliss Requa-Trautz; Evangelina Diaz; Cristian Cespedes; Elis Alas; Iris Martinez; Jesus Ibarra; and Tyler Davis are STAYED pending the Court's determination of the motion to quash. Defendants shall communicate that stay to these parties. To the extent that Defendants receive responses, they shall not open them, but shall keep them sealed until the Court's order on the motion to quash #167 is issued. (no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Filing 167
MOTION to Quash by Plaintiff Martin J. Walsh. (Attachments: #1 Exhibit A, #2 Declaration of Charles Song) (Song, Charles)
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Filing 166
ORDER Granting #165 Motion to Extend Time to Comply with this Court's Order to Produce Documents. Signed by Magistrate Judge Daniel J. Albregts on 5/26/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 165
MOTION to Extend Time (First Request) re 159 Discovery Hearing,,,,,,,,,,,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Sliker, Joshua)
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Attorney update in case: Attorney Brenoch Wirthlin terminated as entered in error by counsel at #163 . (DRS)
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Filing 164
NOTICE of Corrected Image/Document re #163 Notice of Appearance of Counsel, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Service of corrected image is attached.) (Doto, David)
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Filing 163
View Corrected Image at #164 : NOTICE of Appearance by attorney Brenoch Wirthlin on behalf of Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Wirthlin, Brenoch) Modified on 5/10/2022 (DRS).
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Filing 162
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 5/2/2022. Re: #152 Motion. Pursuant to LR IC 3-1(c) and for good cause appearing therein, Defendants' Motion to Deem Defendants' Objections to Magistrate Judge's Order (ECF No. #151 ) as Timely Filed is GRANTED. The Court also finds good cause to grant Plaintiff's request in response (ECF No. #153 ) to be allowed to file his response on March 28, 2022 nunc pro tunc because Defendants have asserted that they do not oppose this request. (ECF No. #155 at 2). IT IS SO ORDERED (no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Filing 161
ORDER Granting #160 Motion to Withdraw as Attorney. Holly E Walker withdrawn from the case. Signed by Magistrate Judge Daniel J. Albregts on 4/28/2022.(Copies have been distributed pursuant to the NEF - KF)
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Filing 160
MOTION to Withdraw as Attorney by Holly E. Walker for Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Sliker, Joshua)
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Filing 159
MINUTES OF PROCEEDINGS - In-Chambers Telephonic Conference held on 4/25/2022 before Magistrate Judge Daniel J. Albregts at the request of the parties to discuss discovery issues. Plaintiff's Counsel: David Clark, Jessica Flores, Charles Song, and Victoria Yee. Defendants' Counsel: Jacob Reynolds, David Doto, Piers Tueller, Holly Walker, Joshua Sliker, and Mark Hutchison. Time of Hearing: 11:30 a.m. Conference start and end times: 11:35 a.m. - 12:20 p.m. The Court canvasses and hears representations from counsel regarding: (1) Whether depositions must be scheduled during the Court's "dark" weeks. (2) Whether Defendants may depose Jennifer Shim, U.S. Department of Labor, Wage & Hour Division's Regional Coordinator. (3) Whether Defendants should provide a date of production for documents previously ordered by the Court in ECF No. #84 and whether Defendants can require that the documents be produced under a protective order. (4) Whether Plaintiff should be required to supplement his responses to Defendants' Request for Production Nos. 5, 6, 7, 8, 9, 10, and 13. (5) Whether discovery deadlines should be extended. (6) Whether Plaintiff's responses to certain of Defendants' interrogatories were deficient. IT IS THEREFORE ORDERED that: (1) The parties shall meet and confer and decide which depositions are likely to be contentious enough to warrant scheduling during the Court's "dark" weeks. (2) The Court did not have enough information on which to decide whether Defendants may depose Jennifer Shim. The parties are directed to meet and confer and, if necessary, file the appropriate motion. (3) Defendants shall provide the documents at issue on or before May 25, 2022. Regarding the issue of a protective order, the Court did not have enough information about the specific protective order at issue to reach a conclusion. The parties are directed to meet and confer and, if necessary, file the appropriate motion. (4) The Court did not have sufficient information about these specific discovery requests to reach a conclusion. The parties are directed to meet and confer and, if necessary, file the appropriate motion. (5) All discovery deadlines are extended as follows: Expert disclosures: July 27, 2022 Rebuttal expert disclosures: August 26, 2022 Discovery cutoff: September 26, 2022 Dispositive motions: October 26, 2022 Joint pretrial order: November 25, 2022 (6) The Court did not have enough information about these specific interrogatories to reach a conclusion. The parties are directed to meet and confer and if necessary, file the appropriate motion. (no image attached) (Copies have been distributed pursuant to the NEF - TG) Modified on 4/26/2022 to edit first line of text: description of conference. (TG).
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Filing 158
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 4/22/2022. The parties have requested a telephonic conference via an email on which counsel for both Plaintiff and Defendants were copied. The Court finds good cause to GRANT the request. An in-chambers telephonic conference call is set for Monday, April 25, 2022 at 11:30 a.m. Counsel must call telephone number 1 (888) 808-6929, access code: 8129639 five minutes prior to the conference call. The use of speakerphone or recording device is prohibited. (no image attached) (Copies have been distributed pursuant to the NEF - TG)
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Filing 157
RESPONSE to #151 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Plaintiff Martin J. Walsh. Replies due by 4/4/2022. (Yee, Victoria)
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Filing 156
ANSWER to #64 Amended Complaint with Jury Demand filed by Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc..(Sliker, Joshua)
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Filing 155
REPLY to Response to #152 Motion,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Walker, Holly)
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Filing 154
NOTICE of Appearance by attorney David Henry Clark on behalf of Plaintiff Martin J. Walsh. (Clark, David)
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Filing 153
RESPONSE to #152 Motion,, by Plaintiff Martin J. Walsh. Replies due by 3/22/2022. (Yee, Victoria)
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Filing 152
MOTION to Deem Defendants Objections to Magistrate Judges Order [ECF No. 151] as Timely Filed re #151 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 3/28/2022. (Attachments: #1 Exhibit A - Declaration of Joshua A. Sliker) (Sliker, Joshua)
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Filing 151
OBJECTION/APPEAL Magistrate Judge order or ruling under LR IB 3-1 re 147 Minute Order,,,,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 3/26/2022. (Attachments: #1 Exhibit A - Hearing Transcript) (Sliker, Joshua)
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Filing 150
ORDER. IT IS ORDERED that Plaintiffs Motion for Leave to File a Sur-reply #93 is DENIED; IT IS FURTHER ORDERED that the Clerk of the Court STRIKE Defendants Reply #91 ); IT IS FURTHER ORDERED that Defendants Objections #86 to the Order #84 of the Magistrate Judge are DENIED; IT IS FURTHER ORDERED that the Magistrate Judges Order #84 entered 8/23/2021, is AFFIRMED. Signed by Judge Kent J. Dawson on 3/10/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 149
ORDER Denying #71 Partial Motion to Dismiss. Signed by Judge Kent J. Dawson on 3/10/2022.(Copies have been distributed pursuant to the NEF - KF)
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Filing 148
TRANSCRIPT of Proceedings held on 02/25/2022, before Magistrate Judge Daniel J. Albregts. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 11:01 a.m. - 1:59 p.m.. Any Redaction Request is due by 3/25/2022. Redacted Transcript Deadline is set for 4/4/2022. Release of the Transcript Restriction is set for 6/2/2022. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
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Filing 147
MINUTES OF PROCEEDINGS - Hearing re motions for protective order #97 , #101 , #109 ; motions to compel #115 , #131 , #132 ; motion for sanctions #116 and motion to stay discovery #121 held on 2/25/2022 before Magistrate Judge Daniel J. Albregts. Crtrm Administrator: J. Ries; Pla Counsel: Charles Song, Jessica Flores and Victoria Lee; Def Counsel: Paul Trimmer, Kyle Hoyt, Holly Walker and Joshua Sliker; Recording start and end times: 11:01 - 1:59; Courtroom: 3A; The court heard representations and arguments from counsel. ORDERED motion for protective order #97 is DENIED as stated on the record; motion for protective order #101 is GRANTED as stated on the record; motion for protective order #109 is GRANTED in part as stated on the record; motion to compel #115 is DENIED in part and GRANTED in part as stated on the record; motion for sanctions #116 is DENIED as stated on the record; motion to compel #131 is DENIED as stated on the record; motion to compel #132 is DENIED as stated on the record; and emergency motion to stay discovery #121 is DENIED as moot. FURTHER ORDERED discovery cut-off is 7/27/22, dispositive motions deadline is 8/26/22 and the joint pretrial order is due 9/23/22. FURTHER ORDERED that expert disclosures are due 5/20/22 and rebuttal expert disclosures are due 6/20/22. The transcript will serve as the official record of this hearing. (no image attached) (Copies have been distributed pursuant to the NEF - TG)
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Filing 146
CLERK'S NOTICE re ECF No. #145 was not filed pursuant to LR IC 5-1(b). Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Further, Attorneys Jessica M. Flores and Victoria Yee are in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (MR)
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Filing 145
NOTICE of Appearance by attorney Charles Song on behalf of Plaintiff Martin J. Walsh. for Jessica M. Flores and Victoria W. Yee (Song, Charles)
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Filing 144
NOTICE of Appearance by attorney Kyle Joseph Hoyt on behalf of Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Hoyt, Kyle)
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Filing 143
MEMORANDUM to 133 Minute Order,,,,,, by Plaintiff Martin J. Walsh. (Attachments: #1 Declaration of Jessica Flores, #2 Exhibit A) (Song, Charles)
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Filing 142
SUPPLEMENT to 133 Minute Order,,,,,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc. (Attachments: #1 Exhibit A - Decl. of Holly E. Walker, #2 Exhibit B - Relevant Correspondence) (Sliker, Joshua)
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Filing 141
REPLY to Response to #132 Motion to Compel,,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit J - Emails re meet and confer issues) (Sliker, Joshua)
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Filing 140
REPLY to Response to #131 Motion to Compel,,,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit M - Declaration of Holly E. Walker, Esq., #2 Exhibit N - Emails between Counsel regarding Privileges) (Sliker, Joshua)
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Filing 139
NOTICE of Corrected Image/Document re #137 Response, by Plaintiff Martin J. Walsh. (Service of corrected image is attached.) (Song, Charles)
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Filing 138
RESPONSE to #132 Motion to Compel,,, by Plaintiff Martin J. Walsh. Replies due by 2/7/2022. (Attachments: #1 Declaration of Charles Song, #2 Exhibit A) (Song, Charles)
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Filing 137
RESPONSE to #131 Motion to Compel,,,, by Plaintiff Martin J. Walsh. Replies due by 2/7/2022. (Attachments: #1 Declaration of Charles Song, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, View Corrected Image #139 re: #5 Exhibit D, #6 Declaration Acting Administrator Looman) (Song, Charles)
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Filing 136
ORDER Granting #135 Motion to Extend Time re: #131 and #132 Motions. Responses due by 1/31/2022. Replies due by 2/7/2022. Signed by Magistrate Judge Daniel J. Albregts on 1/18/2022. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 135
Unopposed MOTION to Extend Time (First Request) re #131 Motion to Compel,,,, 133 Minute Order,,,,,, #132 Motion to Compel,,, by Plaintiff Martin J. Walsh. (Attachments: #1 Declaration of Charles Song, #2 Exhibit A, #3 Proposed Order) (Song, Charles)
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Filing 134
NOTICE of Corrected Image/Document re #131 Motion to Compel,,,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Service of corrected image is attached.) (Walker, Holly)
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Filing 133
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 1/11/2022. Having reviewed the docket, the Court finds it necessary to set a deadline by which all pending briefing should be completed and no further motions should be filed so that the Court can conduct a hearing. Accordingly, responses to the pending motions to compel #131 and #132 are due in the ordinary course on January 24, 2022. Replies are due in the ordinary course on January 31, 2022. An in-person hearing is set on #101 , #109 , #115 , #116 , #121 , #131 , and #132 for Friday, February 25, 2022 at 11:00 AM in Courtroom 3A. The parties are directed to meet and confer to attempt and resolve as many issues as possible before the hearing. After the parties meet and confer, they are further directed to file briefs outlining the remaining issues they wish to address in the hearing by Friday, February 11, 2022. The parties should not file any further motions in advance of the hearing. Because the hearing is in-person, all visitors to the courthouse will be required to maintain a social distance of at least six feet, to wear face coverings during security screenings and while in public areas of the courthouse, and either wash their hands or use hand sanitizer before entering the courtroom. Persons exhibiting COVID-19 symptoms or who have had contact with COVID-19 positive individuals are not permitted in the courthouse. The parties are directed to review and comply with Temporary General Order 2020-02 and Amended Temporary General Order 2020-08 for additional courthouse access policies and procedures. (no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Filing 132
MOTION to Compel re Work Product Privilege by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 1/24/2022. (Attachments: #1 Exhibit A - Declaration of Kyle Hoyt, #2 Exhibit B - Chart of Plaintiff's Objections, #3 Exhibit C - Deposition Transcript of Elsie Darcy, #4 Exhibit D - Deposition Transcript of Daryl Davis-Ferra, #5 Exhibit E - Deposition Transcript of John Lama, #6 Exhibit F - Deposition Transcript of Susana Sanchez, #7 Exhibit G - Deposition Transcript of Sylvia Ramirez, #8 Exhibit H - Plaintiff's Amended Privilege Log, #9 Exhibit I - Documents Redacted by Plaintiff) (Sliker, Joshua)
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Filing 131
MOTION to Compel re Deliberative Process and Investigative Files Privilege by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 1/24/2022. (Attachments: #1 Exhibit A - Declaration of Holly Walker, #2 Exhibit B - Communications with Counsel, #3 Exhibit C - Chart of Plaintiff's Deposition Objections, #4 Exhibit D - Deposition Transcript of Elsie Darcy, #5 Exhibit E - Deposition Transcript of Daryl Davis-Ferra, #6 Exhibit F - Deposition Transcript of John Lama, #7 Exhibit G - Deposition Transcript of Laura Verdugo, #8 Exhibit H - Deposition Transcript of Susana Sanchez, #9 Exhibit I - Deposition Transcript of Sylvia Ramirez, #10 Exhibit J - Chart of Plaintiff's Privilege Assertions, View Corrected Image #134 as to #11 Exhibit K - Documents Redacted by Plaintiff, #12 Exhibit L - Plaintiff's Amended Privilege Log) (Sliker, Joshua)
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Filing 130
REPLY to Response to #121 Motion to Stay Discovery, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Sliker, Joshua)
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Filing 129
RESPONSE to #121 Motion to Stay Discovery, by Plaintiff Martin J. Walsh. Replies due by 1/3/2022. (Attachments: #1 Declaration Kathryn Panaccione, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Panaccione, Kathryn)
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Filing 128
REPLY to Response to #118 Motion for Sanctions, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit 1) (Sliker, Joshua)
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Filing 127
REPLY to Response to #116 Motion for Sanctions,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit 1) (Sliker, Joshua)
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Filing 126
REPLY to Response to #115 Motion to Compel,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit 1) (Sliker, Joshua)
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Filing 125
RESPONSE to #118 Motion for Sanctions, by Plaintiff Martin J. Walsh. Replies due by 12/24/2021. (Attachments: #1 Declaration Kathryn Panaccione, #2 Exhibit A, #3 Exhibit B) (Panaccione, Kathryn)
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Filing 124
ERRATA to #123 Response, by Plaintiff Martin J. Walsh. (Song, Charles)
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Filing 123
RESPONSE to #115 Motion to Compel,, #116 Motion for Sanctions,, by Plaintiff Martin J. Walsh. Replies due by 12/20/2021. (Attachments: #1 Declaration of Charles Song, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N) (Song, Charles)
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Filing 122
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 12/11/2021. Re: #121 Emergency motion to stay discovery. Having reviewed Defendants' motion, which was filed as an emergency motion, the Court finds that expedited consideration is unnecessary under LR 7-4(c). IT IS THEREFORE ORDERED that responses and replies are due in the ordinary course. IT IS FURTHER ORDERED that the deposition at issue in this motion shall not go forward and shall be stayed until the Court rules on the pending discovery motions. IT IS FURTHER ORDERED that discovery is stayed until the Court rules on the pending discovery motions. IT IS FURTHER ORDERED that the parties have until Monday, January 10, 2022 to file any remaining discovery motions which Defendants referenced in their emergency motion (ECF No. 121 at 2). (no image attached) (Copies have been distributed pursuant to the NEF - TG)
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Filing 121
Emergency MOTION to Stay Discovery by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Declaration) (Sliker, Joshua)
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Filing 120
REPLY to Response to #112 Motion for Leave to File Document, by Plaintiff Martin J. Walsh. (Panaccione, Kathryn)
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Filing 119
REPLY to Response to #109 Motion for Protective Order by Plaintiff Martin J. Walsh. (Song, Charles)
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Filing 118
MOTION for Sanctions re #112 Motion for Leave to File Document, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 12/17/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Sliker, Joshua)
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Filing 117
RESPONSE to #112 Motion for Leave to File Document, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Replies due by 12/10/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Sliker, Joshua)
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Filing 116
MOTION for Sanctions re #109 Motion for Protective Order, #115 Motion to Compel,, #114 Response,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 12/13/2021. (Attachments: #1 Exhibit, #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, #15 Exhibit, #16 Exhibit, #17 Exhibit) (Sliker, Joshua)
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Filing 115
MOTION to Compel Deposition Responses re #109 Motion for Protective Order, #114 Response,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 12/13/2021. (Attachments: #1 Exhibit, #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, #15 Exhibit, #16 Exhibit, #17 Exhibit) (Sliker, Joshua)
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Filing 114
RESPONSE to #109 Motion for Protective Order by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Replies due by 12/6/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17) (Sliker, Joshua)
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Filing 113
REPLY to Response to #101 Motion for Protective Order by Plaintiff Martin J. Walsh. (Attachments: #1 Declaration of Charles Song) (Song, Charles)
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Filing 112
MOTION for Leave to File Supplement re #89 Motion for Order to Show Cause,, by Plaintiff Martin J. Walsh. (Attachments: #1 Supplement to Motion for Contempt, #2 Declaration of Charles Song, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Declaration of John Lama, #9 Exhibit 1, #10 Exhibit 2, #11 Exhibit 3) (Song, Charles)
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Filing 111
RESPONSE to #101 Motion for Protective Order by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Replies due by 11/23/2021. (Attachments: #1 Exhibit A - Declaration of Paul Trimmer, #2 Exhibit B - Counsel Communications, #3 Exhibit C - Chart of Deposition Objections, #4 Exhibit D - Deposition Excerpts of Elsie Darcy, #5 Exhibit E - Deposition Excerpts of Darryl Davis Ferra, #6 Exhibit F - Deposition Excerpts of John Lama, #7 Exhibit G - Deposition Excerpts of Laura Verdugo, #8 Exhibit H - Deposition Excerpts of Susana Sanchez, #9 Exhibit I - Deposition Excerpts of Sylvia Ramirez, #10 Exhibit J - Deposition Excerpts of Cristian Cespedes, #11 Exhibit K - Deposition Excerpts of Rafael Castillo Dubon, #12 Exhibit L - Chart of Written Discovery Objections, #13 Exhibit M - Documents Redacted by Plaintiff, #14 Exhibit N - Plaintiff's Amended Privilege Log) (Sliker, Joshua)
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Filing 110
ORDER granting #108 Motion to Stay Discovery. Signed by Magistrate Judge Daniel J. Albregts on 11/16/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 109
MOTION for Protective Order by Plaintiff Martin J. Walsh. (Attachments: #1 Declaration Charles Song, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Panaccione, Kathryn)
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Filing 108
Joint MOTION to Stay Discovery by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Sliker, Joshua)
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Filing 107
REPLY to #105 Response, #106 Response, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit 1) (Sliker, Joshua)
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Filing 106
RESPONSE to #97 Motion for Protective Order, #103 Notice of Corrected Image/Document,,, #102 Supplement,, #100 Reply, by Plaintiff Martin J. Walsh. (Attachments: #1 Declaration of Jessica Flores, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Song, Charles)
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Filing 105
RESPONSE to #101 Motion for Protective Order by Plaintiff Martin J. Walsh. Replies due by 11/17/2021. (Attachments: #1 Declaration Jessica Flores, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 10, #8 Exhibit 11) (Panaccione, Kathryn)
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Filing 104
NOTICE of Manual Filing by Plaintiff Martin J. Walsh re #98 Response. Object: USB Drive,, Description: Video Recording of Deposition of Shaun McMurray, manually filed with the Clerk's Office. (Song, Charles)
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Filing 103
NOTICE of Corrected Image/Document re #102 Supplement,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Service of corrected image is attached.) (Attachments: #1 Exhibit 1 - Declaration of Joshua Sliker, #2 Exhibit 2 - Deposition Transcript of Shaun McMurry, #3 Exhibit 3 - Deposition Transcript of Denise Summerhays, #4 Exhibit 4 - Deposition Transcript of Lauren Summerhays, #5 Exhibit 5 - Deposition Transcript of Jorge Gonzales, #6 Exhibit 6 - Deposition Transcript of Justin Swenson, #7 Exhibit 7 - Deposition Transcript of Shane Sandall, #8 Exhibit 8 - Deposition Transcript of Galia Carrejo) (Sliker, Joshua)
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Filing 102
VIEW #103 corrected image re SUPPLEMENT to #97 Motion for Protective Order, re Deposition Conduct by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc. (Attachments: #1 Exhibit 1 - Declaration of Joshua Sliker, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 9) (Sliker, Joshua) Modified on 11/8/2021 (DKJ).
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Filing 101
MOTION for Protective Order by Plaintiff Martin J. Walsh. (Attachments: #1 Declaration of Jessica Looman, #2 Declaration of Charles Song) (Panaccione, Kathryn)
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Filing 100
REPLY to Response to #97 Motion for Protective Order, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Sliker, Joshua)
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Filing 99
ORDER GRANTING IN PART #97 Motion for Protective Order as it relates to their request to stay the depositions at issue in this motionexcluding the deposition scheduled for October 28, 2021 and Defendants request to stay discoveryand for an expedited briefing schedule, Defendants' Motion due 11/5/2021, Responses due by 11/10/2021, Replies due by 11/12/2021. Parties must meet and confer in an attempt to resolve the issues before Defendants file their motion on 11/5/2021. #96 Stipulation is GRANTED - Discovery due by 1/14/2022. Motions due by 2/14/2022. Proposed Joint Pretrial Order due by 3/16/2022. Signed by Magistrate Judge Daniel J. Albregts on 10/28/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 98
RESPONSE to #97 Motion for Protective Order, by Plaintiff Martin J. Walsh. Replies due by 11/4/2021. (Attachments: #1 Declaration Jessica Flores, #2 Exhibit A) (Panaccione, Kathryn)
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Filing 97
Emergency MOTION for Protective Order by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Declaration of Joshua A. Sliker) (Sliker, Joshua)
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Filing 96
STIPULATION FOR EXTENSION OF TIME (Third Request) re Discovery and Dispositive Motions Deadline re #79 Order on Stipulation,, Scheduling Order, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Sliker, Joshua)
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Filing 95
RESPONSE to #93 Motion for Leave to File Document, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Replies due by 10/14/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Trimmer, Paul)
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Filing 94
REPLY to Response to #89 Motion for Order to Show Cause,, by Plaintiff Martin J. Walsh. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Declaration Kathryn Panaccione) (Panaccione, Kathryn)
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Filing 93
MOTION for Leave to File Sur-Reply re #86 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1,, #90 Response, #91 Reply, by Plaintiff Martin J. Walsh. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Song, Charles)
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Filing 92
RESPONSE to #89 Motion for Order to Show Cause,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Replies due by 9/24/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Trimmer, Paul)
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Filing 91
STRICKEN per #150 Order. (KF) REPLY to Response to #86 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Trimmer, Paul)
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Filing 90
RESPONSE to #86 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1,, by Plaintiff Martin J. Walsh. Replies due by 9/14/2021. (Attachments: #1 Declaration Declaration of Kathryn Panaccione, #2 Exhibit A) (Panaccione, Kathryn)
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Filing 89
Amended MOTION for Order to Show Cause Why Defendants Should Not Be Held In Contempt re #22 Order on Motion for Preliminary Injunction by Plaintiff Martin J. Walsh. Responses due by 9/17/2021. (Attachments: #1 Declaration of Jessica Flores, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Declaration of Eli N. Alas, #6 Exhibit 1, #7 Exhibit 2, #8 Declaration of Susana Sanchez, #9 Exhibit 1, #10 Declaration Iris J. Martinez, #11 Exhibit 1, #12 Exhibit 2, #13 Exhibit 3, #14 Declaration of Jesus Ibarra, #15 Exhibit 1, #16 Declaration of Bliss Requa-Trautz, #17 Exhibit 1, #18 Declaration of Eli N. Alas (SECOND), #19 Exhibit A) (Song, Charles)
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Filing 88
WITHDRAWAL of #85 Motion for Order to Show Cause,, by Plaintiff Martin J. Walsh. (Song, Charles)
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Filing 87
STIPULATION FOR EXTENSION OF TIME (First Request) for Defendants to Respond to Plaintiff's Motion for Order to Show Cause re #85 Motion for Order to Show Cause,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Walker, Holly)
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Filing 86
OBJECTION/APPEAL Magistrate Judge order or ruling under LR IB 3-1 re #84 Order on Motion to Compel,, Order on Motion to Quash,, Order on Motion for Protective Order,,,,, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 9/6/2021. (Attachments: #1 Exhibit A) (Trimmer, Paul)
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Filing 85
MOTION for Order to Show Cause Why Defendants Should Not Be Held In Contempt re #22 Order on Motion for Preliminary Injunction by Plaintiff Martin J. Walsh. Responses due by 8/26/2021. (Attachments: #1 Proposed Order to Show Cause, #2 Proposed Order for Contempt, #3 Declaration of Jessica Flores, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Declaration of Eli N. Alas, #8 Exhibit 1, #9 Exhibit 2, #10 Declaration of Susana Sanchez, #11 Exhibit 1, #12 Declaration of Iris J. Martinez, #13 Exhibit 1, #14 Exhibit 2, #15 Exhibit 3, #16 Declaration of Jesus Ibarra, #17 Exhibit 1, #18 Declaration of Bliss Requa-Trautz, #19 Exhibit 1) (Song, Charles)
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Filing 84
ORDER Granting #62 , #76 Motions to Compel. IT IS FURTHER ORDERED that #67 Motion to Quash is DENIED. IT IS FURTHER ORDERED that #75 Motion for Protective Order is DENIED. Signed by Magistrate Judge Daniel J. Albregts on 8/9/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 83
REPLY to Response to #76 Motion to Compel, by Plaintiff Martin J. Walsh. (Attachments: #1 Declaration Supplemental Declaration of Jessica Flores) (Panaccione, Kathryn)
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Filing 82
ERROR: Document terminated - entered in error. No further action is required. NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Mark A. Hutchison 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 8/1/2021. (no image attached) (SLD) Modified on 8/2/2021 (SLD).
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Filing 81
RESPONSE to #76 Second Motion to Compel, by Defendants Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Replies due by 7/23/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Trimmer, Paul)
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Filing 80
REPLY to Response to #75 Motion for Protective Order,,,, by Defendants Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Trimmer, Paul)
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Filing 79
ORDER Granting #78 Stipulation for Extension of Time re #51 Order (Second Request). Discovery due by 11/19/2021. Motions due by 12/19/2021. Signed by Magistrate Judge Daniel J. Albregts on 7/13/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 78
STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery and Dispositive Motion Deadlines re #51 Order on Discovery Plan and Scheduling Order by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (McChrystal, Lynne)
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Filing 77
RESPONSE to #75 Motion for Protective Order,,,, by Plaintiff Martin J. Walsh. Replies due by 7/15/2021. (Attachments: #1 Declaration of Jessica Flores) (Song, Charles)
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Filing 76
Second MOTION to Compel Production by Plaintiff Martin J. Walsh. Responses due by 7/16/2021. (Attachments: #1 Declaration Declaration of Jessica Flores, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Proposed Order) (Panaccione, Kathryn)
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Filing 75
MOTION for Protective Order by Defendants Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit A to Defendants' Motion for Entry of Protective Order, #2 Exhibit A-1 to Defendants' Motion for Entry of Protective Order, #3 Exhibit A-2 to Defendants' Motion for Entry of Protective Order, #4 Exhibit B to Defendants' Motion for Entry of Protective Order, #5 Exhibit C to Defendants' Motion for Entry of Protective Order, #6 Exhibit D to Defendants' Motion for Entry of Protective Order, #7 Exhibit E to Defendants' Motion for Entry of Protective Order, #8 Declaration of Lynne K. McChrystal in Support of Defendants' Motion for Entry of Protective Order, #9 Declaration of Holly W. Walker in Support of Defendants' Motion for Entry of Protective Order, #10 Declaration Declaration of Mark Hutchison in Support of Defendants' Motion for Entry of Protective Order, #11 Proposed Order) (Trimmer, Paul)
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Filing 74
REPLY to Response to #71 Motion to Dismiss, by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Trimmer, Paul)
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Filing 73
RESPONSE to #71 Motion to Dismiss, by Plaintiff Martin J. Walsh. Replies due by 6/17/2021. (Attachments: #1 Declaration of Daryl Davis-Ferra, #2 Declaration of Charles Song, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D) (Song, Charles)
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Filing 72
REPLY to Response to #67 Motion to Quash, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC. (Attachments: #1 Exhibit 1) (Trimmer, Paul)
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Filing 71
MOTION to Dismiss #64 Amended Complaint by Defendants Blue Ape Painting, LLC, Galia Carnejo, Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 6/10/2021. (Trimmer, Paul)
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Filing 70
RESPONSE to #67 Motion to Quash, by Plaintiff Martin J. Walsh. Replies due by 5/31/2021. (Attachments: #1 Declaration of Charles Song, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Song, Charles)
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Filing 69
REPLY to Response to #62 Motion to Compel,, by Plaintiff Eugene Scalia. (Attachments: #1 Declaration Supplemental Declaration of Jessica Flores, #2 Exhibit J, #3 Exhibit K, #4 Exhibit L, #5 Exhibit M, #6 Exhibit N) (Panaccione, Kathryn)
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Filing 68
RESPONSE to #62 Motion to Compel,, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC. Replies due by 5/18/2021. (Attachments: #1 Declaration of Lynne McChrystal, #2 Exhibit A to the Declaration of Lynne McChrystal, #3 Exhibit B to the Declaration of Lynne McChrystal, #4 Exhibit C to the Declaration of Lynne McChrystal, #5 Exhibit D to the Declaration of Lynne McChrystal, #6 Exhibit E to the Declaration of Lynne McChrystal, #7 Exhibit E-1 to the Declaration of Lynne McChrystal, #8 Exhibit E-2 to the Declaration of Lynne McChrystal, #9 Exhibit F to the Declaration of Lynne McChrystal, #10 Exhibit F-1 to the Declaration of Lynne McChrystal, #11 Exhibit F-2 to the Declaration of Lynne McChrystal, #12 Exhibit G to the Declaration of Lynne McChrystal, #13 Exhibit H to the Declaration of Lynne McChrystal, #14 Exhibit I to the Declaration of Lynne McChrystal, #15 Exhibit J to the Declaration of Lynne McChrystal, #16 Exhibit K to the Declaration of Lynne McChrystal, #17 Exhibit L to the Declaration of Lynne McChrystal) (McChrystal, Lynne)
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Filing 67
MOTION to Quash Subpoenas by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Trimmer, Paul)
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Filing 66
ORDER Granting #63 Stipulation to File Amended Complaint. Signed by Magistrate Judge Daniel J. Albregts on 4/28/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 65
CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #64 was not filed pursuant to LR IC 5-1(b). Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. (no image attached) (DKJ)
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Filing 64
First AMENDED COMPLAINT against All Defendants by Martin J. Walsh. Adds new parties. (Song, Charles)
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Filing 63
STIPULATION TO FILING OF AMENDED COMPLAINT by Plaintiff Martin J. Walsh. (Song, Charles)
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Filing 62
MOTION to Compel Production by Plaintiff Eugene Scalia. Responses due by 5/11/2021. (Attachments: #1 Declaration Jessica Flores Declaration, #2 Exhibit A - Plaintiff's Requests for Production, #3 Exhibit B - Defendants' Responses to Plaintiff's Requests for Production, #4 Exhibit C - Bates No. UCI-1515, #5 Exhibit D - Bates No. DOL-31229, #6 Exhibit E - Bates No. DOL-31310, #7 Exhibit F - Meet and Confer Request emails, #8 Exhibit G - Meet and confer regarding interrogatories emails, #9 Exhibit H - Second Proposed Protective Order, #10 Exhibit I - Letter dated March 24, 2021, #11 Proposed Order Proposed Order) (Panaccione, Kathryn)
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Filing 61
ANSWER to #1 Complaint, with Jury Demand filed by Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc..(McChrystal, Lynne)
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Filing 60
ORDER. IT IS HEREBY ORDERED that #37 Defendants' Motion to Dissolve Preliminary Injunction is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED that #58 Defendants' Motion for Leave to File Supplement is DENIED. Signed by Judge Kent J. Dawson on 3/31/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 59
ORDER Denying #25 Motion to Dismiss. Signed by Judge Kent J. Dawson on 3/30/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 58
MOTION for Leave to File Supplement re #37 Motion,,, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit Supplement to Defendants' Motion to Dissolve) (McChrystal, Lynne)
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Filing 57
ORDER Granting #47 Motion to Quash. Signed by Magistrate Judge Daniel J. Albregts on 11/24/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 56
REPLY to Response to #47 Motion to Quash by Plaintiff Eugene Scalia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Panaccione, Kathryn)
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Filing 55
CLERK'S NOTICE. Attorney Action Required to ECF No. #54 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. Counsel is advised to refile ECF No. #54 using the appropriate docket entry title "REPLY" and link to the appropriate motion #47 . Document #54 terminated as filed in error. (no image attached) (DKJ)
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Filing 54
ERROR: Document was not filed pursuant to LR IC 2-2(c). Attorney advised to refile correctly. Document #54 terminated. MOTION to Quash Subpoenas to Third Parties re #52 Response, #53 Errata,, #47 Motion to Quash by Plaintiff Eugene Scalia. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D) (Panaccione, Kathryn) Modified on 11/18/2020 (DKJ).
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Filing 53
ERRATA to #52 Response, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit A - Defendants Third Supplemental Disclosures, #2 Exhibit B - October 12, 2020, Email from Defendants Counsel to Plaintiffs counsel, #3 Exhibit C- Secretarys Objections and Responses to Defendants Interrogatories Set 1) (McChrystal, Lynne)
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Filing 52
RESPONSE to #47 Motion to Quash by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Replies due by 11/17/2020. (McChrystal, Lynne)
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Filing 51
ORDER Granting #50 Stipulation to Continue re #34 Order (First Request). Discovery due by 8/28/2021. Motions due by 9/28/2021. Signed by Magistrate Judge Daniel J. Albregts on 11/5/2020.(Copies have been distributed pursuant to the NEF - MR)
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Filing 50
Second Stipulated Discovery Plan and Scheduling Order re #34 Order on Discovery Plan and Scheduling Order,,,, Set/Reset Deadlines & Hearings, by Plaintiff Eugene Scalia. (Song, Charles)
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Filing 49
CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge Daniel J. Albregts for all further proceedings. All further documents must bear the correct case number 2:20-cv-00510-KJD-DJA. (no image attached) (DKJ)
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Filing 48
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/30/2020. With good cause appearing, the Honorable Magistrate Judge Brenda Weksler recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - Gesmundo, Emily)
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Filing 47
First MOTION to Quash Subpoenas to Third Parties by Plaintiff Eugene Scalia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Song, Charles)
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Filing 46
ORDER Granting #45 Motion to Remove Attorney from Electronic Service List. Signed by Magistrate Judge Brenda Weksler on 8/18/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 45
MOTION to remove attorney Sonya Shao from the Electronic Service List in this case by Plaintiff Eugene Scalia. (Shao, Sonya)
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Filing 44
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 8/13/2020. The parties agree that, at this juncture, additional settlement discussions would not be productive. Therefore, the settlement conference on this matter is concluded. The parties may jointly contact Judge Weksler's chambers if they believe that her participation in further settlement discussions would be helpful. (no image attached) (Copies have been distributed pursuant to the NEF - DCh)
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Filing 43
REPLY to Response to #37 Motion,,, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit A - Declaration of Drew Ingram, #2 Exhibit B - UCI NV Paystubs - Pay Period 6.23 - 6.5 Paid 6.12, #3 Exhibit C - Emails Between Sonya Shao and Rick Sutherland) (McChrystal, Lynne)
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Filing 42
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 8/5/2020. IT IS ORDERED that the continued settlement conference scheduled for today, August 5, 2020, is VACATED. The Court will contact counsel to select a date, at least two weeks from today, to continue settlement negotiations. (no image attached) (Copies have been distributed pursuant to the NEF - DCh)
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Filing 41
RESPONSE to #37 Motion,,, by Plaintiff Eugene Scalia. Replies due by 8/11/2020. (Attachments: #1 Declaration of WHI Davis, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Declaration of RSOL Shao, #7 Certificate of Service) (Shao, Sonya)
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Filing 40
MINUTES OF PROCEEDINGS - Settlement Conference held on 7/29/2020 before Magistrate Judge Brenda Weksler. Pla Counsel: Sonya Shao; Susan Seletsky; Charles Song; Def Counsel: Rick J. Sutherland; Time of Hearing: 9:00 AM to 2:00 PM. In addition to counsel, the following individuals were present on behalf of plaintiff: Higinio Ramos; Eric Murray; Daryl Davis-Ferra; and Tyler Davis. Cory Summerhays was present on behalf of defendants. The Court heard presentations from counsel and the parties. Offers and counteroffers were exchanged. A settlement was not reached but the parties desire to continue negotiations. Thus, IT IS ORDERED that the parties will reconvene this settlement conference on August 5, 2020, at 11:00 AM. The settlement conference will take place via Zoom videoconference. Judicial Clerk David Chavez will contact counsel with a new Zoom invitation. (no image attached) (Copies have been distributed pursuant to the NEF - DCh)
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Filing 39
MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 7/28/2020 before Magistrate Judge Brenda Weksler. Pla Counsel: Sonya Shao; Susan Seletsky; Def Counsel: Rick J. Sutherland; Time of Hearing: 3:00 PM to 3:50 PM. (no image attached) (Copies have been distributed pursuant to the NEF - DCh)
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Filing 38
NOTICE of Manual Filing by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc. re #37 Motion,,,. Object: Video,, Description: Flash Drive, manually filed with the Clerk's Office. (McChrystal, Lynne)
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Filing 37
MOTION to Dissolve Preliminary Injunction re #22 Order on Motion for Preliminary Injunction by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 8/5/2020. (Attachments: #1 Exhibit A - Declaration of Cory Summerhays, #2 Exhibit 1 to Declaration of Cory Summerhays, #3 Exhibit 2 to Declaration of Cory Summerhays, #4 Exhibit 3 to Declaration of Cory Summerhays, #5 Exhibit 4 to Declaration of Cory Summerhays, #6 Exhibit 5 to Declaration of Cory Summerhays, #7 Exhibit 6 to Declaration of Cory Summerhays, #8 Exhibit B, #9 Exhibit C - Declaration of Paul Trimmer) (McChrystal, Lynne)
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Filing 36
ORDER Setting Settlement Conference. A Settlement Conference is hereby scheduled for 7/29/2020 at 9:00 AM. The Settlement Conference will take place remotely, either via telephone or Zoom videoconference. A pre-Settlement Conference telephonic conference is set for 7/28/2020, at 3:00 PM. Each party's written evaluation must be submitted electronically by 7/22/2020, at 5:00 PM, to the following email address: david_chavez@nvd.uscourts.gov. Signed by Magistrate Judge Brenda Weksler on 6/29/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 35
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.) (no image attached) (MR)
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Filing 34
SCHEDULING ORDER Granting #33 Amended Discovery Plan and Scheduling Order. Discovery due by 12/13/2020. Motions due by 1/12/2021. Proposed Joint Pretrial Order due by 5/31/2021. A settlement conference is SET for 7/29/2020, at 9:00 AM. A briefing schedule will follow early next week. Signed by Magistrate Judge Brenda Weksler on 6/26/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 33
Amended Stipulated Discovery Plan and Scheduling Order by Plaintiff Eugene Scalia. (Shao, Sonya)
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Filing 32
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 6/22/2020. At ECF No. #31 , the parties filed a stipulated discovery plan and scheduling order ("DPSO") requesting, inter alia, 315 days for discovery and an early settlement conference before this Court. The Court will deny the parties' request for a 315-day discovery period. The Court is willing to consider a DPSO allotting a 60-day extension of the default discovery period. If the parties find they are unable to complete discovery within that period, then they may file a subsequent stipulation with the Court. IT IS ORDERED that the parties' stipulation at ECF no. #31 is GRANTED in part and DENIED in part. The DPSO is granted insofar as the Court is happy to conduct an early settlement conference with the parties; it is otherwise DENIED. The parties must file a new stipulated DPSO by June 29, 2020. In the new stipulated DPSO, the parties must indicate the earliest date on which the early settlement conference would be beneficial. They must also propose new discovery deadlines consistent with this minute order. (Copies have been distributed pursuant to the NEF - DCh)
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Filing 31
Stipulated Discovery Plan and Scheduling Order by Plaintiff Eugene Scalia. (Shao, Sonya)
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Filing 30
REPLY to Response to #25 Motion to Dismiss,, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Trimmer, Paul)
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Filing 29
RESPONSE to #25 Motion to Dismiss,, by Plaintiff Eugene Scalia. Replies due by 6/5/2020. (Shao, Sonya)
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Filing 28
ORDER granting #26 Stipulation; Re: #25 Motion to Dismiss. Responses due by 5/29/2020. Signed by Judge Kent J. Dawson on 5/11/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 27
CERTIFICATE of Interested Parties by Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. There are no known interested parties other than those participating in the case (McChrystal, Lynne)
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Filing 26
First STIPULATION FOR EXTENSION OF TIME (First Request) TO OPPOSE MOTION TO DISMISS by Plaintiff Eugene Scalia. (Shao, Sonya)
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Filing 25
MOTION to Dismiss #1 Complaint, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Responses due by 5/15/2020. Discovery Plan/Scheduling Order due by 6/15/2020. (Trimmer, Paul) 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 24
ORDER Granting #23 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Rick J. Sutherland for Unforgettable Coatings, Inc. and approving Designation of Local Counsel Paul T. Trimmer. Signed by Judge Kent J. Dawson on 4/24/2020. 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 23
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Rick J. Sutherland and DESIGNATION of Local Counsel Paul T. Trimmer (Filing fee $ 250 receipt number 0978-5978515) by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Trimmer, Paul)
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Filing 22
ORDER Granting #5 Motion for Preliminary Injunction. Signed by Judge Kent J. Dawson on 4/23/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 21
TRANSCRIPT of Proceedings, 18 Motion Hearing, held on 04/21/2020, before Judge Kent J. Dawson. Court Reporter: Shayna Montgomery, SM@nvd.uscourts.gov. Any Redaction Request is due by 5/14/2020. Redacted Transcript Deadline is set for 5/24/2020. Release of the Transcript Restriction is set for 7/22/2020. 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, it may be obtained through the court reporter or PACER. (SM)
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Filing 20
DECLARATION of Cory Summerhays re #13 Response,,,,, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit A to Second Declaration of Cory Summeryhays in Support of Defendant's Response to Plaintiff's Motion for Preliminary Injunction, #2 Exhibit B to Second Declaration of Cory Summeryhays in Support of Defendant's Response to Plaintiff's Motion for Preliminary Injunction) (McChrystal, Lynne)
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Filing 19
ORDER Granting #16 Stipulation to Extend Time re #1 Complaint (First Request). Defendants answer due 5/1/2020. Signed by Magistrate Judge Brenda Weksler on 4/22/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 18
MINUTES OF PROCEEDINGS - Video Conference Motion Hearing held on 4/21/2020 before Judge Kent J. Dawson. Crtrm Administrator: T. Renfro; Pla Counsel: Sonya Shao, Charles Song, Susan Seletsky; Def Counsel: Paul T. Trimmer, Lynne McChrystal; Court Reporter: Shayna Montgomery; Time of Hearing: 9:07 - 9:53 a.m.; Courtroom: 4A; The Court makes preliminary remarks and hears representations of counsel regarding plaintiff's Motion for Preliminary Injunction #5 . The Court declines to strike the declarations of Ferra and Lama based on the hearsay objection. This matter is taken under advisement. (no image attached) (Copies have been distributed pursuant to the NEF - TR)
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Filing 17
DECLARATION of John Lama, Teresa Wilde, Rafael Castillo Dubon re #5 Motion for Preliminary Injunction, by Plaintiff Eugene Scalia. (Attachments: #1 Exhibit A to Lama Decl., #2 Declaration of ADD Teresa Wilde, #3 Exhibit A to Wilde - First Dubon Decl., #4 Exhibit B to Wilde - Second Dubon Decl, #5 Certificate of Service) (Shao, Sonya)
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Filing 16
First STIPULATION To Extend Deadline For Defendants to Respond to Plaintiff's Complaint re #1 Complaint, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (McChrystal, Lynne)
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Filing 15
ERRATA to #5 Motion for Preliminary Injunction, #4 Motion for TRO, by Plaintiff Eugene Scalia. (Attachments: #1 Declaration (Corrected) of Daryl Davis-Ferra, #2 Declaration (Corrected) of Cristian Cespedes, #3 Certificate of Service) (Song, Charles)
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Filing 14
REPLY to Response to #5 Motion for Preliminary Injunction, by Plaintiff Eugene Scalia. (Attachments: #1 Declaration of Shao, #2 Declaration of SIA Davis-Ferra, #3 Exhibit A of Davis-Ferra Decl, #4 Exhibit B of Davis-Ferra Decl, #5 Declaration of Rafael Castillo Dubon, #6 Declaration of WHI John Lama, #7 Exhibit A, #8 Proposed Order Proposed PI, #9 Exhibit A to Proposed PI, #10 Certificate of Service) (Shao, Sonya)
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Filing 13
RESPONSE to #5 Motion for Preliminary Injunction, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. Replies due by 4/27/2020. (Attachments: #1 Exhibit A - Declaration of Cory Summerhays, #2 Exhibit 1 to Declaration of Cory Summerhays, #3 Exhibit 2 to Declaration of Cory Summerhays, #4 Exhibit 3 to Declaration of Cory Summerhays, #5 Exhibit 4 to Declaration of Cory Summerhays, #6 Exhibit 5 to Declaration of Cory Summerhays, #7 Exhibit 6 to Declaration of Cory Summerhays, #8 Exhibit 7 to Declaration of Cory Summerhays, #9 Exhibit 8 to Declaration of Cory Summerhays, #10 Exhibit 9 to Declaration of Cory Summerhays, #11 Exhibit B - Declaration of Justin Swenson, #12 Exhibit 1 to Declaration of Justin Swenson, #13 Exhibit 1 to Declaration of Justin Swenson, #14 Exhibit C - Declaration of Angel Perez, #15 Exhibit D - Declaration of Archi Esteban Romero, #16 Exhibit E - Declaration of Iris Jasmin Martinez, #17 Exhibit F - Declaration of Galia Carrejo, #18 Exhibit 1 to Declaration of Galia Carrejo, #19 Exhibit 2 to Declaration of Galia Carrejo, #20 Exhibit G - Declaration of Soledad Garcia, #21 Exhibit 1 to Declaration of Soledad Garcia, #22 Exhibit H - Translation Comparison Chart, #23 Certificate of Service) (Trimmer, Paul)
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Filing 12
CLERK'S NOTICE. Attorney Action Required to ECF No. #10 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. Counsel is advised to refile ECF No. #10 using the appropriate docket entry title "Response" and link back to the appropriate motion. Document #10 is terminated as filed in error. (no image attached) (DKJ)
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Filing 11
MINUTE ORDER IN CHAMBERS of the Honorable Judge Kent J. Dawson on 4/20/2020. By Deputy Clerk: Denise Saavedra.Due to the COVID-19 pandemic, and consistent with the recommendations of the CDC to ensure the safety of the community through social distancing, the court has agreed to schedule essential hearings on specific days in order to reduce exposure.IT IS ORDERED that a Video Teleconference (re: Order to show cause) is scheduled 4/21/2020 at 9:00 a.m. in LV Courtroom 4A before Judge Kent J. Dawson.IT IS FURTHER ORDERED that members of the public who want to listen to this hearing must call AT&T no later than (5) minutes prior to the hearing at 1(877) 402-9757, and provide Access Code 3814816. Members of the public are not permitted to speak while listening to this proceeding.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsels staff, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
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Filing 10
ERROR: Incorrect event selected by attorney. Attorney advised to refile correctly. Document #10 terminated. REPLY to Response to #5 Motion for Preliminary Injunction, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit Declaration of Cory Summerhays, #2 Exhibit 1 to Declaration of Cory Summerhays, #3 Exhibit 2 to Declaration of Cory Summerhays, #4 Exhibit 3 to Declaration of Cory Summerhays, #5 Exhibit 4 to Declaration of Cory Summerhays, #6 Exhibit 5 to Declaration of Cory Summerhays, #7 Exhibit 6 to Declaration of Cory Summerhays, #8 Exhibit 7 to Declaration of Cory Summerhays, #9 Exhibit 8 to Declaration of Cory Summerhays, #10 Exhibit 9 to Declaration of Cory Summerhays, #11 Exhibit B Declaration of Justin Swenson, #12 Exhibit 1 to Declaration of Justin Swenson, #13 Exhibit 2 to Declaration of Justin Swenson, #14 Exhibit C Declaration of Angel Perez, #15 Exhibit D Declaration of Archi Esteban Romenro, #16 Exhibit E Iris Jasmin Martinez, #17 Exhibit F Declaration of Galia Carrejo, #18 Exhibit 1 to Declaration of Galia Carrejo, #19 Exhibit 2 to Declaration of Galia Carrejo, #20 Exhibit G Declaration of Soledad Garcia, #21 Exhibit 1 to Declaration of Soledad Garcia, #22 Exhibit H, #23 Certificate of Service) (Trimmer, Paul)
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Filing 9
ORDER granting #7 Motion to Extend Time; Re: #5 Motion for Preliminary Injunction. Responses due by 4/17/2020 4pm. Replies due by 4/20/2020 4pm. Telephonic Motion Hearing reset for 4/21/2020 at 09:00 AM in LV Chambers before Judge Kent J. Dawson. Signed by Judge Kent J. Dawson on 4/14/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 8
NOTICE of Appearance by attorney Charles Song on behalf of Plaintiff Eugene Scalia. (Song, Charles)
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Filing 7
Emergency MOTION to Extend Time (First Request) re #4 Motion for Temporary Restraining Order #6 Order on Motion for TRO, by Defendants Shaun McMurray, Shane Sandall, Cory Summerhays, Unforgettable Coatings of Arizona, LLC, Unforgettable Coatings of Idaho, LLC, Unforgettable Coatings of Utah, Inc., Unforgettable Coatings, Inc.. (Attachments: #1 Exhibit A) (Trimmer, Paul) Modified on 4/14/2020 pursuant to LR IC 2-2(d) (DKJ).
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Filing 6
ORDER granting #4 Motion for Temporary Restraining Order; Re: #5 Motion for Preliminary Injunction. Responses due by 4/14/2020 5pm. Replies due by noon 4/16/2020. Telephonic Motion Hearing set for 4/17/2020 at 09:00 AM before Judge Kent J. Dawson by dialing (888) 398-2342: Access Code: 5889655. Signed by Judge Kent J. Dawson on 4/8/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 5
MOTION for Preliminary Injunction by Plaintiff Eugene Scalia. Responses due by 4/22/2020. (Attachments: #1 Declaration Shao, #2 Supplement Memorandum, #3 Exhibit A of Memorandum, #4 Declaration of Cespedes, #5 Exhibit A of Cespedes, #6 Declaration Davis-Ferra, #7 Exhibit A of Davis-Ferra, #8 Exhibit B of Davis-Ferra, #9 Declaration of Lama, #10 Proposed Order PI) (Shao, Sonya)
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Filing 4
MOTION for Temporary Restraining Order by Plaintiff Eugene Scalia. (Attachments: #1 Declaration of Shao, #2 Supplement Memorandum, #3 Exhibit A of Memorandum, #4 Declaration of Cespedes, #5 Exhibit A of Cespedes, #6 Declaration of Davis-Ferra, #7 Exhibit A of Davis-Ferra, #8 Exhibit B of Davis-Ferra, #9 Declaration of Lama, #10 Proposed Order TRO) (Shao, Sonya)
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Filing 3
ACCEPTANCE OF SERVICE by All Defendants on 3/31/2020 executed by Eugene Scalia. All Defendants. (Shao, Sonya)
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Filing 2
Summons Issued as to All Defendants re #1 Complaint. (MR)
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Filing 1
First COMPLAINT against All Defendants by Eugene Scalia. Proof of service due by 6/10/2020. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summons) (Shao, Sonya) 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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Case randomly assigned to Judge Kent J. Dawson and Magistrate Judge Brenda Weksler. (MR)
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