Xat.com Limited v. Hosting Services
Xat.com Limited |
Hosting Services |
1:2016cv00092 |
June 28, 2016 |
US District Court for the District of Utah |
Northern Office |
Cache |
Paul M Warner |
Contract: Other |
28 U.S.C. § 1332 |
None |
Docket Report
This docket was last retrieved on June 4, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 143 **SEALED DOCUMENT** ORDER granting #142 Motion for Disbursement of Registry Funds. Signed by Magistrate Judge Paul M. Warner on 6/4/2019. (jwt) |
Filing 142 MOTION for Disbursement of Funds filed by Defendant Hosting Services. (Attachments: #1 Exhibit A-Letter to Clerk, #2 Text of Proposed Order)(McMillan, David) |
Filing 141 JUDGMENT - It is Ordered and Adjudged that this action is dismissed without prejudice for lack of subject-matter jurisdiction. Case Closed. Signed by Magistrate Judge Paul M. Warner on 5/8/2019. (las) |
Filing 140 MEMORANDUM DECISION and Order granting #89 Motion for Determination of Subject Matter Jurisdiction. This action is Dismissed without Prejudice. Signed by Magistrate Judge Paul M. Warner on 5/8/2019. (las) |
Filing 139 Stipulated MOTION to Stay Discovery filed by Defendant Hosting Services. (Attachments: #1 Text of Proposed Order)(McMillan, David) |
Filing 138 ORDER granting #137 Motion to Stay Discovery. Discovery is stayed for thirty (30) days from the date of this order or until the Motion for Determination of Subject-Matter Jurisdiction is decided by the Court, whichever period of time is shorter. Signed by Magistrate Judge Paul M. Warner on 4/8/2019. (las) |
Filing 137 Stipulated MOTION to Stay and Memorandum in Support filed by Plaintiff Xat.com Limited. (Attachments: #1 Text of Proposed Order granting Stipulated Motion to Stay Discovery)(Weinberg, Brenda) |
Filing 136 ORDER finding as moot #134 Motion to Stay ; granting #135 Motion to Stay discovery. Discovery is hereby stayed for thirty (30) days from the date of this order or until the motion for determination of subject-matter jurisdiction is decided by the court, whichever period of time is shorter. Signed by Magistrate Judge Paul M. Warner on 3/7/2019. (las) |
Filing 135 Stipulated MOTION to Stay and Memorandum in Support filed by Plaintiff Xat.com Limited. (Attachments: #1 Text of Proposed Order to Stay Discovery)(Felix, Wesley) |
Filing 134 MOTION to Stay Discovery filed by Defendant Hosting Services. (Attachments: #1 Text of Proposed Order Granting Short Form Motion to Stay Discovery)(McMillan, David) |
Filing 133 MEMORANDUM in Opposition re #129 MOTION to Quash Subpona and for Protective Order Precluding Non-Party Deposition filed by Plaintiff Xat.com Limited. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order Denying Motion to Quash)(Felix, Wesley) |
Filing 132 MEMORANDUM in Opposition re #119 MOTION for Leave to File Sealed Document re #118 Redacted MOTION for Short Form Discovery re: Protective Order re Designation of Documents as Confidential filed by Defendant Hosting Services. (McMillan, David) |
Filing 131 NOTICE of Appearance by Brenda E. Weinberg on behalf of Xat.com Limited (Weinberg, Brenda) |
Filing 130 NOTICE of Appearance by Wesley D. Felix on behalf of Xat.com Limited (Felix, Wesley) |
Filing 129 MOTION to Quash Subpona and for Protective Order Precluding Non-Party Deposition filed by Defendant Hosting Services. (Attachments: #1 Declaration of Jeff Hunsaker in Support, #2 Exhibit A - Bledsoe email w. subpoena, #3 Exhibit B - Acceptance of service, #4 Exhibit C - McMillan email, #5 Text of Proposed Order on Motion to Quash)(McMillan, David) |
Filing 128 SUBSTITUTION OF COUNSEL Andrew G. Deiss replacing Jordan C. Bledsoe and David L. Mortensen as counsel on behalf of Xat.com Limited. (Deiss, Andrew) |
Filing 127 ORDER granting #124 Motion for Extension of Time to File Response/Reply re #118 Redacted MOTION for Short Form Discovery re: Protective Order re Designation of Documents as Confidential . Responses due by 2/22/2019 Signed by Magistrate Judge Paul M. Warner on 2/19/2019. (las) |
Filing 126 RESPONSE to Motion re #116 MOTION to Compel Answers to Interrogatories and the Production of Documents filed by Plaintiff Xat.com Limited. (Attachments: #1 Text of Proposed Order)(Bledsoe, Jordan) |
Filing 125 Sur-reply MEMORANDUM in Opposition re #89 MOTION for Determination of Subject-Matter Jurisdiction and Memorandum in Support filed by Defendant Hosting Services. (McMillan, David) |
Filing 124 Stipulated MOTION for Extension of Time to File Opposition to Short Form Motion for a Protective Order filed by Defendant Hosting Services. (Attachments: #1 Text of Proposed Order)(McMillan, David) Modified on 2/19/2019 by correcting motion type (las). |
Filing 123 DOCKET TEXT ORDER granting #112 Motion for Leave to File Sur-Reply in Further Opposition to Motion for Determination of Subject-Matter Jurisdiction. Defendant shall file its sur-reply on or before 02/15/2019. Signed by Magistrate Judge Paul M. Warner on 02/12/2019. (docket text order; no attached document) (jcd) |
Filing 122 ORDER granting #119 Motion for Leave to File Sealed Document - Exhibits A & B to Xat.com Limited's Rule 37-1 short form motion for protective order. Signed by Magistrate Judge Paul M. Warner on 2/11/19. (jlw) |
Filing 121 ORDER granting #117 Motion for Extension of Time to File Response/Reply re #116 MOTION to Compel Answers to Interrogatories and the Production of Documents . Responses due by 2/15/2019. Signed by Magistrate Judge Paul M. Warner on 2/11/19. (jlw) |
Filing 120 **SEALED DOCUMENT** re #118 Redacted MOTION for Short Form Discovery re: Protective Order re Designation of Documents as Confidential filed by Plaintiff Xat.com LimitedNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit BDocuments Disclosing the Identity of the Minor Who Social Engineered 100TB)(Bledsoe, Jordan) |
Filing 119 MOTION for Leave to File Sealed Document re #118 Redacted MOTION for Short Form Discovery re: Protective Order re Designation of Documents as Confidential filed by Plaintiff Xat.com Limited. (Attachments: #1 Text of Proposed Order)(Bledsoe, Jordan) |
Filing 118 Redacted MOTION for Short Form Discovery re: Protective Order re Designation of Documents as Confidential filed by Plaintiff Xat.com Limited. (Attachments: #1 Exhibit A - Sealed Exhibit, #2 Exhibit B - Sealed Exhibit, #3 Exhibit C - Letters Between Counsel, #4 Text of Proposed Order)(Bledsoe, Jordan) |
Filing 117 Stipulated MOTION for Extension of Time to File Response/Reply as to #116 MOTION to Compel Answers to Interrogatories and the Production of Documents filed by Plaintiff Xat.com Limited. (Attachments: #1 Text of Proposed Order)(Bledsoe, Jordan) |
Filing 116 MOTION to Compel Answers to Interrogatories and the Production of Documents filed by Defendant Hosting Services. (Attachments: #1 Exhibit A - Twitter - Xat Hacks (@XatHacks) _ Twitter_Redacted, #2 Exhibit B - https___util.xat.com_wiki_index, #3 Exhibit C - Xat Reviews - 4 Reviews of Xatcom Sitejabber, #4 Exhibit D - Youtube search - Xat.com volunteers, #5 Exhibit E - 100TB's Second Set of Discovery Requests, #6 Exhibit F - Xat's Responses to 100TB's Second Set of Discovery Requests, #7 Exhibit G - 2018.12.3 - Letter to Mr. Bledsoe, #8 Exhibit H - 2018.12.13 Letter to David M. McMillan, #9 Exhibit I - 2018.12.21 Letter to Mr. Bledsoe, #10 Exhibit J - 2019.1.18 - Letter to Mr. Bledsoe, #11 Exhibit K - 2019.1.25 - Letter to D. McMillan, #12 Exhibit L - 2019.1.31 - Email from Mr. Bledsoe, #13 Text of Proposed Order Granting Motion to Compel)(McMillan, David) |
Filing 115 ORDER finding as moot #77 Motion for Initial Scheduling Conference. ; granting #114 Motion to Vacate Scheduling Order. All dates and deadlines set forth in the most recent amended scheduling order are hereby VACATED. Based upon that ruling, 100TBs motion for a scheduling conference is MOOT. The court will address the issue of scheduling, if necessary, after ruling upon Xats motion for determination of subject matter jurisdiction. Signed by Magistrate Judge Paul M. Warner on 1/31/2019. (las) |
Filing 114 MOTION to Vacate #74 Scheduling Order, (Unopposed) filed by Plaintiff Xat.com Limited. (Bledsoe, Jordan) |
Filing 113 MEMORANDUM in Opposition re #112 MOTION for Leave to File Sur-Reply in Further Opposition to Motion for Determination of Subject-Matter Jurisdiction filed by Plaintiff Xat.com Limited. (Bledsoe, Jordan) |
Filing 112 MOTION for Leave to File Sur-Reply in Further Opposition to Motion for Determination of Subject-Matter Jurisdiction filed by Defendant Hosting Services. (Attachments: #1 Exhibit A - Sur-Reply in Further Opposition to Motion for Determination of Subject-Matter Jurisdiction)(McMillan, David) |
Filing 111 RESPONSE re #110 Response (NOT to motion), Request to Submit for Decision filed by Xat.com Limited. (Bledsoe, Jordan) |
Filing 110 RESPONSE re #106 Request to Submit for Decision, filed by Hosting Services. (McMillan, David) |
Filing 109 **SEALED DOCUMENT** re #99 Redacted MOTION for Short Form Discovery re: Improper Redaction of Document filed by Plaintiff Xat.com LimitedNOTE: Filer is instructed to serve the sealed document on all other parties.. (Bledsoe, Jordan) |
Filing 108 ORDER granting #102 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Paul M. Warner on 1/10/2019. (las) |
Filing 107 ORDER granting #100 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Paul M. Warner on 1/10/2019. (las) |
Filing 106 REQUEST to Submit for Decision re #89 MOTION for Determination of Subject-Matter Jurisdiction and Memorandum in Support filed by Plaintiff Xat.com Limited. (Bledsoe, Jordan) |
Filing 105 NOTICE of Supplemental Exhibit by Hosting Services re #103 Memorandum in Opposition to Motion,,, (Attachments: #1 Exhibit M - 2019.1.10 - Letter to Mr. Bledsoe) (McMillan, David) |
Filing 104 NOTICE of Supplemental Exhibit by Xat.com Limited re #99 Redacted MOTION for Short Form Discovery re: Improper Redaction of Document (Attachments: #1 Exhibit F - 1-9-19 Letter to David McMillan) (Bledsoe, Jordan) |
Filing 103 MEMORANDUM in Opposition re #99 Redacted MOTION for Short Form Discovery re: Improper Redaction of Document filed by Defendant Hosting Services. (Attachments: #1 Exhibit A [Xat v. 100TB - Defendant's responses and objections to Plaintiff's second set of requests for production], #2 Exhibit B [100TB_0002186], #3 Exhibit C [100TB_0002182], #4 Exhibit D [100TB_0002178], #5 Exhibit E [HSI Utah Public_Application], #6 Exhibit F [2010.10.27 - Annual_Rpts_Chg59_26], #7 Exhibit G [2011.12.7 - Annual_Rpts_Chg59_26], #8 Exhibit H [2012.12.6 - Annual_Rpts_Chg59_26_[also Ex. A to Xat motion]], #9 Exhibit I [2015.10.29 - Annual_Rpts_Chg59_26_[also Ex. B to Xat motion]], #10 Exhibit J [2018.1.26 - Annual_Rpts_Chg59_26_[also Ex. C to Xat motion]], #11 Exhibit K [2019.10.4 - Annual_Rpts_Chg59_26], #12 Exhibit L [2019.1.7 - Letter to Mr. Bledsoe])(McMillan, David) |
Filing 102 MOTION for Leave to File Sealed Document re #99 Redacted MOTION for Short Form Discovery re: Improper Redaction of Document filed by Defendant Hosting Services. (Attachments: #1 Text of Proposed Order Granting Defendant's Motion for Exhibit B to Remain Under Seal)(McMillan, David) |
Filing 101 REPLY to Response to Motion re #89 MOTION for Determination of Subject-Matter Jurisdiction and Memorandum in Support filed by Plaintiff Xat.com Limited. (Bledsoe, Jordan) |
Filing 100 MOTION for Leave to File Sealed Document re #99 Redacted MOTION for Short Form Discovery re: Improper Redaction of Document filed by Plaintiff Xat.com Limited. (Attachments: #1 Text of Proposed Order)(Bledsoe, Jordan) |
Filing 99 Redacted MOTION for Short Form Discovery re: Improper Redaction of Document filed by Plaintiff Xat.com Limited. (Attachments: #1 Exhibit A - 2018-10-12 Xat.com Limited_s Second Set of Requests for Production of Documents, #2 Exhibit B - 100TB-_002187 - REDACTED, #3 Exhibit C - 2018-12-14 Letter to D. McMillan, #4 Exhibit D - 2018.12.28 - Letter to Mr. Bledsoe, #5 Exhibit E - 2019-01-02 Letter to David M, #6 Text of Proposed Order)(Bledsoe, Jordan) |
Filing 98 ORDER granting #97 Motion for Extension of Time to File Response/Reply re #89 MOTION for Determination of Subject-Matter Jurisdiction and Memorandum in Support Replies due by 1/4/2019. Signed by Magistrate Judge Paul M. Warner on 12/18/2018. (kpf) |
Filing 97 Stipulated MOTION for Extension of Time to File Response/Reply as to #89 MOTION for Determination of Subject-Matter Jurisdiction and Memorandum in Support filed by Plaintiff Xat.com Limited. (Attachments: #1 Text of Proposed Order)(Bledsoe, Jordan) |
Filing 96 MEMORANDUM in Opposition re #89 MOTION for Determination of Subject-Matter Jurisdiction and Memorandum in Support filed by Defendant Hosting Services. (Attachments: #1 Exhibit A - Online Article from Tech Nation, #2 Affidavit / Declaration of Chris Matue in Opposition to Plaintiff's Motion for Determination of Subject-Matter Jurisdiction)(McMillan, David) |
Filing 95 MEMORANDUM in Opposition re #94 MOTION to Compel Plaintiff's Corporate Representative to Appear for a Deposition in Utah and Memorandum in Support MOTION to Expedite for Prompt Resolution of the Motion and Memorandum in Support filed by Plaintiff Xat.com Limited. (Attachments: #1 Exhibit A - November 14, 2018 Email, #2 Text of Proposed Order order)(Bledsoe, Jordan) |
Filing 94 MOTION to Compel Plaintiff's Corporate Representative to Appear for a Deposition in Utah and Memorandum in Support , MOTION to Expedite for Prompt Resolution of the Motion and Memorandum in Support filed by Defendant Hosting Services. (Attachments: #1 Declaration of David M. McMillan, #2 Exhibit A - First Notice of Deposition, #3 Exhibit B - E-Mail Dated July 26, 2018, #4 Exhibit C - E-Mail Dated August 29, 2018, #5 Exhibit D - E-Mail Dated September 21, 2018, #6 Exhibit E - Second Notice of Deposition, #7 Exhibit F - E-Mail Dated November 14, 2018, #8 Exhibit G - Unaudited Financial Statements, #9 Exhibit H - Flight Printout, #10 Text of Proposed Order)(McMillan, David) |
Filing 93 ORDER granting #92 Motion for Extension of Time to File Response/Reply re #89 MOTION for Determination of Subject-Matter Jurisdiction and Memorandum in Support. Responses due by 12/7/2018. Signed by Magistrate Judge Paul M. Warner on 11/20/2018. (las) |
Filing 92 Stipulated MOTION for Extension of Time to File Opposition to Motion for Determination of Subject-Matter Jurisdiction filed by Defendant Hosting Services. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion for Extension of Time)(McMillan, David) Modified on 11/20/2018 by correcting motion type (las). |
Filing 91 REPLY to Response to Motion re #83 MOTION for Leave to File First Amended Complaint filed by Plaintiff Xat.com Limited. (Bledsoe, Jordan) |
Filing 90 DOCKET TEXT ORDER. In light of Plaintiff's MOTION for Determination of Subject-Matter Jurisdiction #89 , the judicial settlement conference is canceled. After Chief Magistrate Judge Warner rules on the Motion, if necessary Magistrate Judge Pead will coordinate a new date for the conference. Signed by Magistrate Judge Dustin B. Pead on 11/13/2018. No attached document. (tmb) |
Filing 89 MOTION for Determination of Subject-Matter Jurisdiction and Memorandum in Support filed by Plaintiff Xat.com Limited. (Attachments: #1 Exhibit A - 2012-12-06-Summary of online changes, #2 Exhibit B - 2015-10-29-Summary of online changes, #3 Exhibit C - 2018-01-26-Summary of online changes, #4 Exhibit D - John Morris LinkedIn, #5 Exhibit E - John Morris Email No. 2, #6 Exhibit F - Hunsaker LinkedIn, #7 Exhibit G - Kilgour LinkedIn, #8 Exhibit H - Matue LinkedIn, #9 Exhibit I - Campbell LinkedIn, #10 Exhibit J - Privilege Logs, #11 Exhibit K - Jasminka Suzic-The Law Society, #12 Exhibit L - Jordan C. Bledsoe Declaration, #13 Exhibit M - Foster LinkedIn, #14 Exhibit N - The UK2 Group, #15 Exhibit O - Xat v. 100TB Mediation, #16 Exhibit P - Email re Xat.com v. Hosting Services, #17 Exhibit Q - Xat Beta)(Bledsoe, Jordan) |
Filing 88 ORDER granting #87 Motion for Extension of Time to File Response/Reply re #83 MOTION for Leave to File First Amended Complaint: Reply memo due by 11/16/2018. Signed by Magistrate Judge Paul M. Warner on 10/31/18 (alt) |
Filing 87 Stipulated MOTION for Extension of Time to File Response/Reply as to #83 MOTION for Leave to File First Amended Complaint and Memorandum in Support filed by Plaintiff Xat.com Limited. (Attachments: #1 Text of Proposed Order)(Bledsoe, Jordan) |
Filing 86 MEMORANDUM in Opposition re #83 MOTION for Leave to File First Amended Complaint and Memorandum in Support filed by Defendant Hosting Services. (McMillan, David) |
Filing 85 Plaintiff's MOTION to Strike #84 Reply Memorandum/Reply to Response to Motion, filed by Plaintiff Xat.com Limited. (Mortensen, David) |
Filing 84 REPLY to Response to Motion re #81 MOTION to Compel Initial Disclosures, Answers to Interrogatories and the Production of Documents and Memorandum in Support MOTION to Expedite for Prompt Resolution of the Motion and Memorandum in Support filed by Defendant Hosting Services. (Attachments: #1 Exhibit J - Xat's Supplemental Responses (Redlined))(McMillan, David) |
Filing 83 MOTION for Leave to File First Amended Complaint and Memorandum in Support filed by Plaintiff Xat.com Limited. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Exhibit B - Redline)(Bledsoe, Jordan) |
Filing 82 MEMORANDUM in Opposition re #81 MOTION to Compel Initial Disclosures, Answers to Interrogatories and the Production of Documents and Memorandum in Support MOTION to Expedite for Prompt Resolution of the Motion and Memorandum in Support filed by Plaintiff Xat.com Limited. (Attachments: #1 Exhibit A - Xat.com Limiteds First Supplemental Response to Hosting Services, Inc., #2 Exhibit B - 2018-9-6 Letter to David McMillan, #3 Text of Proposed Order Order)(Mortensen, David) |
Filing 81 MOTION to Compel Initial Disclosures, Answers to Interrogatories and the Production of Documents and Memorandum in Support , MOTION to Expedite for Prompt Resolution of the Motion and Memorandum in Support filed by Defendant Hosting Services. (Attachments: #1 Exhibit A-Proposed Order, #2 Exhibit B-Plaintiff's Initial Disclosures, #3 Exhibit C-Defendant's First Set of Interrogatories and Requests for Production of Documents, #4 Exhibit D-Xat.com Limited's First Supplemental Response to Defendant's Interrogatories and Requests for Production of Documents, #5 Exhibit E-Letter Dated July 20, 2018, #6 Exhibit F-Letter Dated August 10, 2018, #7 Exhibit G-Letter Dated August 15, 2018, #8 Exhibit H-E-Mail Dated August 31, 2018, #9 Exhibit I-Letter Dated September 5, 2018)(McMillan, David) |
Filing 80 REPLY to Response to Motion re #77 MOTION for Initial Scheduling Conference filed by Defendant Hosting Services. (McMillan, David) |
Filing 79 ERRATA to #78 Response to Motion filed by Plaintiff Xat.com Limited . (Attachments: #1 Text of Proposed Order)(Bledsoe, Jordan) |
Filing 78 RESPONSE to Motion re #77 MOTION for Initial Scheduling Conference filed by Plaintiff Xat.com Limited. (Attachments: #1 Exhibit 1 - Proposed Second Amended Scheduling Order)(Bledsoe, Jordan) |
Filing 77 MOTION for Initial Scheduling Conference filed by Defendant Hosting Services. (Attachments: #1 Exhibit A - Stipulated Motion for Second Amended Scheduling Order)(McMillan, David) |
Filing 76 CLERK'S NOTICE OF POSSIBLE ERROR re #75 Request. Description of possible error: Document should have been filed as a Motion for a Scheduling Conference. The court asks counsel to refile as a Motion. (las) |
Filing 75 REQUEST for Scheduling Conference filed by Defendant Hosting Services. (Attachments: #1 Exhibit A - Stipulated Motion for Second Amended Scheduling Order)(McMillan, David) |
Filing 74 Amended SCHEDULING ORDER: Final Pretrial Conference set for 3/20/2019 at 02:30 PM in Rm 7.100 before Magistrate Judge Paul M. Warner. Two Day Bench Trial set for 4/3/2019 at 08:30 AM in Rm 7.100 before Magistrate Judge Paul M. Warner. Signed by Magistrate Judge Paul M. Warner on 8/29/2018. (las) |
Filing 73 NOTICE of Appearance by David L. Mortensen on behalf of Xat.com Limited (Mortensen, David) |
Filing 72 Judicial Settlement Conference ORDER - Settlement Conference set for 12/6/2018 at 01:15 PM in Rm 7.100 before Magistrate Judge Dustin B. Pead. Signed by Magistrate Judge Dustin B. Pead on 8/28/2018. (las) |
Filing 71 STATUS REPORT (Joint) by Xat.com Limited. (Mortensen, David) |
Filing 70 DOCKET TEXT ORDER. Prior to August 22, 2018, counsel shall engage in a meaningful telephonic meet and confer regarding dates in September, October and November of 2018 counsel and a litigant with complete settlement authority are available to be physically present and participate in a Judicial Settlement Conference at the U.S. District Courthouse located at 351 South West Temple, Salt Lake City, Utah. Plaintiff's counsel shall file a joint status report by the close of business on Thursday, August 23, 2018, notifying the court about the available dates. The court will issue a Docket Text Order on or before Tuesday, August 28, 2018, scheduling the Judicial Settlement Conference. Signed by Magistrate Judge Dustin B. Pead on 08/15/18. No attached document. (tmb) |
Filing 68 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Summary Judgment held on January 9, 2018 before Judge Paul M. Warner. Court Reporter/Transcriber Karen Murakami, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/28/2018. Redacted Transcript Deadline set for 9/7/2018. Release of Transcript Restriction set for 11/5/2018. (las) Modified by removing restricted text on 11/5/2018 (rgj). |
Filing 67 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Dismiss held on January 20, 2017 before Judge Paul M. Warner. Court Reporter/Transcriber Karen Murakami, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/28/2018. Redacted Transcript Deadline set for 9/7/2018. Release of Transcript Restriction set for 11/5/2018. (las) Modified by removing restricted text on 11/5/2018 (rgj). |
Filing 66 SUBSTITUTION OF COUNSEL Jordan C. Bledsoe replacing Engels Tejeda; George M. Haley and Romaine C. Marshall as counsel on behalf of Xat.com Limited. (Bledsoe, Jordan) |
Filing 65 STATUS REPORT (Defendant's) by Hosting Services. (McMillan, David) |
Filing 64 STATUS REPORT (Plaintiff's) by Xat.com Limited. (Tejeda, Engels) |
Filing 63 DOCKET TEXT ORDER. After considering Plaintiff's Motion to Continue Settlement Conference #60 and Defendant's Opposition #62 , the court determines good cause exists to continue the July 17, 2018 settlement conference. While the court is sympathetic to the Defendant and its position, the court finds value in Plaintiff's need to further illuminate its damages before the parties will be able to engage in a productive judicial settlement conference with the assistance of Magistrate Judge Pead. If the parties fail to reach a global resolution at the informal, in-person settlement meeting on July 12, 2018, the parties shall file a status report no later than the close of business July 19, 2018 to include dates in September the parties are available to participate in-person at the Settlement Conference consistent with the requirements of the Settlement Order #53 . Signed by Magistrate Judge Dustin B. Pead on 7/9/2018. No attached document. (tmb) Modified on 7/10/2018 corrected links to previously filed documents(jwt). |
Filing 62 Defendant's MEMORANDUM in Opposition re #60 Emergency MOTION to Continue Settlement Conference filed by Defendant Hosting Services. (Christensen, Patricia) |
Filing 61 DOCKET TEXT ORDER. Any opposition to Plaintiff's Emergency MOTION to Continue Settlement Conference #60 shall be filed by 5:00 PM MT, Monday, July 9, 2018. Plaintiff shall not file a reply unless requested to do so by the court. No attached document. Signed by Magistrate Judge Dustin B. Pead on 7/5/2018. (tmb) |
Filing 60 Emergency MOTION to Continue Settlement Conference filed by Plaintiff Xat.com Limited. (Haley, George) |
Filing 59 NOTICE of Appearance by George M. Haley on behalf of Xat.com Limited (Haley, George) |
Filing 58 ORDER denying #56 Motion for Plaintiff Xat.com Limited's Client Representative to Appear at Settlement Conference Via Video conference. Signed by Magistrate Judge Dustin B. Pead on 6/26/2018. (las) |
Filing 57 RESPONSE to Motion re #56 MOTION Leave for Plaintiff Xat.Com Limited's Client Representative to Appear at Mediation Via VideoConference re #53 Order, Set Hearings and Memorandum in Support filed by Defendant Hosting Services. (McMillan, David) |
Filing 56 MOTION Leave for Plaintiff Xat.Com Limited's Client Representative to Appear at Mediation Via VideoConference re #53 Order, Set Hearings and Memorandum in Support filed by Plaintiff Xat.com Limited. (Marshall, Romaine) |
Filing 55 ORDER granting #54 Motion for Extension of Time to File Joint Submission. Signed by Magistrate Judge Paul M. Warner on 6/18/2018. (las) |
Filing 54 Stipulated MOTION for Extension of Time to File Joint Submission filed by Plaintiff Xat.com Limited. (Attachments: #1 Text of Proposed Order Proposed Order)(Marshall, Romaine) |
Filing 53 MEDIATION ORDER - Settlement Conference set for 7/17/2018 at 01:00 PM in Rm 7.100 before Magistrate Judge Dustin B. Pead. Signed by Magistrate Judge Dustin B. Pead on 4/11/2018. (las) |
Filing 52 ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1) for Settlement. The parties should promptly contact Judge Pead's chambers to make arrangements for this settlement conference. No attached document. Signed by Magistrate Judge Paul M. Warner on 4/4/2018. (las) |
Filing 51 MEMORANDUM DECISION AND ORDER denying #41 Motion for Summary Judgment. Signed by Magistrate Judge Paul M. Warner on 3/27/2018. (las) |
Filing 50 Minute Entry for proceedings held before Magistrate Judge Paul M. Warner: Motion Hearing held on 1/9/2018 re #41 MOTION for Summary Judgment and Memorandum in Support filed by Hosting Services. Counsel for all parties present. The court hears argument. The court takes #41 MOTION for Summary Judgment UNDER ADVISEMENT. Attorney for Plaintiff: Romaine C. Marshall, Attorney for Defendant: Paul Karlsgodt and Patricia Christensen. Court Reporter: electronic.(Time Start: 3:12:04 pm, Time End: 3:54:38 pm, Room 8.4.)(ksm) |
Filing 49 NOTICE OF HEARING ON MOTION re: #41 MOTION for Summary Judgment filed by Defendant Hosting Services. Motion Hearing set for 01/09/2018 at 3:00 p.m. in Room 8.400 before Chief Magistrate Judge Paul M. Warner. (Notice generated by Judge Warner's chambers) (jcd) |
Filing 48 REPLY to Response to Motion re #41 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Hosting Services. (Attachments: #1 Appendix of Exhibits (Supplemental), #2 Exhibit M. Letter From 100TBs Counsel Enclosing Supplemental Document Production, #3 Exhibit N. Chats with Xat)(McMillan, David) |
Filing 47 AMENDED SCHEDULING ORDER: Fact Discovery due by 3/16/2018. Expert Discovery due by 4/13/2018. Motions due by 4/30/2018. Defendant Hosting Services, Inc. a/k/a 100TB.com shall be and hereby is granted an extension to submit a Reply in Support of its Motion for Summary Judgment, if any, no later than November 10, 2017. Signed by Magistrate Judge Paul M. Warner on 11/6/2017. (las) |
NOTICE VACATING Final Pretrial Conference set for 7/2/2018 at 2:30 pm and Bench Trial set for 7/16/2018 at 8:30 am set for before Judge Paul M. Warner (Notice generated by clerks office). (las) |
Filing 46 Stipulated MOTION for First Amended Scheduling Order filed by Plaintiff Xat.com Limited. (Attachments: #1 Text of Proposed Order)(Marshall, Romaine) |
Filing 45 AFFIDAVIT/DECLARATION of Chris Hart in Opposition re #41 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Xat.com Limited. (Attachments: #1 Exhibit 1 - Oct. 2008 MSA, #2 Exhibit 2 - July 2014 MSA, #3 Exhibit 3 - Nov. 2015 MSA)(Marshall, Romaine) |
Filing 44 MEMORANDUM in Opposition re #41 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Xat.com Limited. (Marshall, Romaine) |
Filing 43 ORDER granting #42 Motion for Extension of Time to File Response/Reply re #41 MOTION for Summary Judgment and Memorandum in Support. Responses due by 10/20/2017 Signed by Magistrate Judge Paul M. Warner on 9/21/2017. (las) |
Filing 42 Stipulated MOTION for Extension of Time Opposition to Motion for Summary Judgment filed by Plaintiff Xat.com Limited. (Attachments: #1 Text of Proposed Order)(Marshall, Romaine) Modified on 9/21/2017 by changing to a Motion for Extension of Time to File Response/Reply (las). |
Filing 41 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Hosting Services. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A-October 2008 Invoice, #3 Exhibit B-October 13, 2008 Sign-Up Email, #4 Exhibit C-September 2014 Invoice, #5 Exhibit D-October 2015 Invoice, #6 Exhibit E-Plaintiff's Responses to Defendant's First Set of Interrogatories and Requests for Production of Documents and Supplement to First Set, #7 Exhibit F-Hosting Services, Inc. 2008 Terms of Service, #8 Exhibit G-October 14, 2014 Email from "Xat" to UK2 Group, #9 Exhibit H-September 15, 2013 Email from Xat's Chris Rixon, #10 Exhibit I-June 2, 2007 Amazon Web Services Signup Email, #11 Exhibit J-July 31, 2008 Email Chain Between Xat Representative Chris Rixon and Andrew Auderieth of Rackmounted.com, #12 Exhibit K-July 31, 2008 Email Chain Between Xat Representative Chris Rixon and Andrew Auderieth of Rackmounted.com, #13 Exhibit L-Defendant's Responses and Objections to Plaintiff's First Set of Discovery Requests, #14 Declaration of Brian Chambers in Support of 100TB's Motion for Summary Judgment, #15 Exhibit A to Chambers Declaration-Email, #16 Exhibit B to Chambers Declaration-Master Service Agreement)(McMillan, David) |
Filing 40 ORDER granting #39 Motion for Admission Pro Hac Vice of David M. McMillan for Hosting Services. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Magistrate Judge Paul M. Warner on 8/22/2017. (las) |
Filing 39 MOTION for Admission Pro Hac Vice of David M. McMillan Admission and Consent of Local Counsel, Registration fee $ 250, receipt number 1088-2823248, filed by Defendant Hosting Services. (Attachments: #1 Text of Proposed Order Order Emailed to Judge)(Christensen, Patricia) |
Filing 38 SCHEDULING ORDER following Initial Pretrial Conference held on 5/10/2017: Amended Pleadings due by 7/31/2017. Joinder of Parties due by 7/31/2017. Discovery due by 1/29/2018. Motions due by 2/12/2018. Final Pretrial Conference set for 7/2/2018 at 02:30 PM in Rm 7.100 before Magistrate Judge Paul M. Warner. 2 Day Bench Trial set for 7/16/2018 at 08:30 AM in Rm 7.100 before Magistrate Judge Paul M. Warner. Signed by Magistrate Judge Evelyn J. Furse on 5/16/2017. (jds) |
Filing 37 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Initial Pretrial Conference held on 5/10/2017. Counsel present. Court hears statements from counsel regarding scheduling matters and enters a scheduling orders. Plaintiff counsel to prepare and email order to the court at ipt@utd.uscourts.gov. Court adjourned. Attorney for Plaintiff: Engels Tejeda, Attorney for Defendant: Patricia W. Christensen, Paul G. Karlsgodt. Court Reporter: Electronic.(Time Start: 11:37:50, Time End: 12:08:18, Room 7.400.)(jds) |
Filing 36 REPORT OF ATTORNEY PLANNING MEETING. (Tejeda, Engels) |
Filing 35 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at #ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 5/10/2017 at 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds) |
Filing 34 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (blh) |
Filing 33 NOTICE OF ADR e-mailed or mailed to Defendant Hosting Services, Plaintiff Xat.com Limited (blh) |
Filing 32 NOTICE OF WITHDRAWAL OF COUNSEL of Ronald L. Hellbusch filed by Ronald L. Hellbusch on behalf of Hosting Services (Hellbusch, Ronald) |
Filing 31 ANSWER to Complaint filed by Hosting Services.(Karlsgodt, Paul) |
Filing 30 MEMORANDUM DECISION AND ORDER granting in part and denying in part #15 Motion to Dismiss. Xats gross negligence and unjust enrichment claims are dismissed. 100TBs motion is denied with respect to Xats remaining claims. Signed by Magistrate Judge Paul M. Warner on 2/2/2017. (las) |
Filing 29 Minute Entry for proceedings held before Magistrate Judge Paul M. Warner: Motion Hearing held on 1/20/2017 re #15 MOTION to Dismiss and Memorandum in Support filed by Hosting Services. Counsel for both parties preset.The court hears argument from both counsel. The court TAKES UNDER ADVISEMENT #15 MOTION to Dismiss. Attorney for Plaintiff: Romaine Marshall and Engels Tejeda, Attorney for Defendant: Patricia Christensen and Paul G. Karlsgodt. Court Reporter: electronic.(Time Start: 10:27:47 am, Time End: 11:19:26 am, Room 7.100.)(ksm) |
Filing 28 AMENDED NOTICE OF HEARING ON MOTION re: #15 MOTION to Dismiss and Memorandum in Support : (Notice generated by PMW Chambers) Motion Hearing set for 1/20/2017 at 10:30 AM in Rm 7.100 before Magistrate Judge Paul M. Warner. ***PLEASE NOTE NEW DATE, TIME, AND COURTROOM*** (srs) |
Filing 27 NOTICE OF HEARING ON MOTION re: #15 MOTION to Dismiss and Memorandum in Support : (Notice generated by clerks office) Motion Hearing set for 1/5/2017 at 02:00 PM in Rm 7.400 before Magistrate Judge Paul M. Warner. (las) |
Filing 26 ORDER granting #23 Motion for Leave to File a sur-reply. In addition, the court will hold a hearing on the motion to dismiss on January 5, 2017 at 2:00 pm in courtroom 7.400. Signed by Magistrate Judge Paul M. Warner on 12/12/2016. (las) |
Filing 25 REPLY to Response to Motion re #23 MOTION for Leave to File Sur-Reply in Opposition to Motion to Dismiss filed by Plaintiff Xat.com Limited. (Marshall, Romaine) |
Filing 24 RESPONSE to Motion re #23 MOTION for Leave to File Sur-Reply filed by Defendant Hosting Services. (Karlsgodt, Paul) |
Filing 23 Motion for Leave to File Sur-Reply in Opposition Motion re #15 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Xat.com Limited. (Attachments: #1 Exhibit 1 - Xat.com Limited's Sur-Reply in Opposition to Motion to Dismiss)(Marshall, Romaine) Modified on 10/28/2016 Changed to a Motion (las). |
Filing 22 REPLY to Response to Motion re #15 MOTION to Dismiss and Memorandum in Support filed by Defendant Hosting Services. (Karlsgodt, Paul) |
Filing 21 ORDER granting #20 Motion for Extension of Time to File Response/Reply re #15 MOTION to Dismiss and Memorandum in Support. Replies due by 10/6/2016. Signed by Magistrate Judge Paul M. Warner on 9/21/2016. (las) |
Filing 20 Stipulated MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss and Memorandum in Support filed by Defendant Hosting Services. (Attachments: #1 Proposed Order)(Karlsgodt, Paul) |
Filing 19 ORDER granting #14 Motion to Deposit Funds with the Court. It is ordered that Defendant be granted leave to deposit the sum of $2,715.95 in this action in accordance with the rules of this Court. Signed by Magistrate Judge Paul M. Warner on 09/13/2016. (kpf) |
Filing 18 MEMORANDUM in Opposition re #15 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Xat.com Limited. (Marshall, Romaine) |
Filing 17 DOCKET TEXT ORDER granting #12 Motion for Admission Pro Hac Vice of Paul G. Karlsgodt for Hosting Services. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Magistrate Judge Paul M. Warner on 8/18/16. No attached document. (ksm) |
Filing 16 AFFIDAVIT of /Declaration of Brian Chambers in Support of Motion to Dismiss re #15 MOTION to Dismiss and Memorandum in Support filed by Hosting Services. (Christensen, Patricia) |
Filing 15 MOTION to Dismiss and Memorandum in Support filed by Defendant Hosting Services. (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant's Motion to Dismiss)(Christensen, Patricia) |
Filing 14 MOTION to Deposit Funds and Memorandum in Support With th eCourt filed by Defendant Hosting Services. (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant's Motion for Leave to Deposit Funds With the Court)(Christensen, Patricia) |
Filing 13 NOTICE of Offer of Judgment by Hosting Services (Christensen, Patricia) |
Filing 12 MOTION for Admission Pro Hac Vice of PAUL G. KARLSGODT AND CONSENT OF LOCAL COUNSEL, Registration fee $ 250, receipt number 1088-2573513, filed by Defendant Hosting Services. (Christensen, Patricia) |
Filing 11 JOINT STATEMENT OF PARTIES/ CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Defendant Hosting Services, Plaintiff Xat.com Limited. (Attachments: #1 Consent)(las) |
Filing 10 RECEIVED Consent/Reassignment Form from Plaintiff Xat.com Limited. (las) |
Filing 9 RECEIVED Consent/Reassignment Form from Defendant Hosting Services. (las) |
Filing 8 NOTICE of Appearance by Patricia W. Christensen on behalf of Hosting Services (Christensen, Patricia) |
Filing 7 DOCKET TEXT ORDER granting #5 motion for extension of time to answer. Defendant shall answer or otherwise respond to the complaint on or before August 12, 2016. Signed by Magistrate Judge Paul M. Warner on 7/26/16. No attached document. (dla) |
Filing 6 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendant Hosting Services, Plaintiff Xat.com Limited. Form due by 8/5/2016. (las) |
Filing 5 Stipulated MOTION for Extension of Time to File Response/Reply as to #2 Complaint filed by Defendant Hosting Services. (Attachments: #1 Exhibit A) Attorney Ronald L. Hellbusch added to party Hosting Services(pty:dft)(Hellbusch, Ronald) Modified on 7/21/2016 by changing Motion type to Motion for Extension of Time to File Answer(las). |
Filing 4 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Xat.com Limited as to Hosting Services served on 6/30/2016, answer due 7/21/2016. (Marshall, Romaine) |
Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Hosting Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (dsf) |
Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-2539752) filed by Xat.com Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2) Assigned to Magistrate Judge Paul M. Warner (Marshall, Romaine) |
Filing 1 Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiff Xat.com Limited is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (dsf) |
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