Ocean Avenue et al v. Visalus et al
| Ocean Avenue, Kenn Dunn and Fred Ninow |
| Visalus, Nicholas Sarnicola, Blake Mallen, Nate Moser, Peter Siragusi and Moser & Associates |
| 2:2013cv00988 |
| October 29, 2013 |
| US District Court for the District of Utah |
| Central Office |
| Utah |
| Dustin B Pead |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2014. A more recent docket listing may be available from PACER.
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| Civil Case Terminated per #41 NOTICE of Voluntary Dismissal filed by Plaintiffs Kenn Dunn, Fred Ninow, Ocean Avenue. (jds) |
| Filing 41 NOTICE of Voluntary Dismissal filed by Plaintiffs Kenn Dunn, Fred Ninow, Ocean Avenue (Frazier, Ryan) |
Filing 40
ORDER TO SHOW CAUSE- Plaintiffs are directed to respond in writing within fifteen (15) days from the date of this order and inform the Court of the status of the case and intentions to proceed against Defendants Nate Moser and Moser & Associates. Failure to do so will result in dismissal of the Defendants Nate Moser and Moser & Associates from this case . Signed by Magistrate Judge Dustin B. Pead on 5/28/2014. (jds) Modified on 5/28/2014; changed wording of docket from result in dismissal of case to dismissal of defendants. (jds).
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| Filing 39 NOTICE of Change of Address by David C. Reymann (Reymann, David) |
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Filing 38
ORDER granting #37 Motion for Extension of Time to File Response/Reply: Response due by 6/13/2014 re #30 MOTION to Amend/Correct ;Reply due by 6/13/2014 re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Signed by Magistrate Judge Dustin B. Pead on 05/22/2014. (jds)
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| Filing 37 Stipulated MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Amend/Correct and Memorandum in Support , #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Blake Mallen, Nicholas Sarnicola, Visalus. (Attachments: #1 Exhibit Proposed Order)(Mackay, John) |
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Filing 36
ORDER granting #35 Motion for Extension of Time to File Response/Reply: Response due by 5/23/2014 re #30 MOTION to Amend/Correct; Reply due by 5/23/2014 #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by Magistrate Judge Dustin B. Pead on 4/18/14 (alt)
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| Filing 35 Stipulated MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Amend/Correct and Memorandum in Support , #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Blake Mallen, Nicholas Sarnicola, Visalus. (Attachments: #1 Exhibit A - proposed order)(Mackay, John) |
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Filing 34
DOCKET TEXT ORDER granting #33 Stipulated Motion for Extension of Time. Defendants Visalus, Nicholas Sarnicola, and Blake Mallen have until April 17, 2014 to reply to their motion to dismiss #18 . Defendants have until April 28, 2014 to oppose Plaintiffs' motion for leave to amend complaint #30 . IT IS SO ORDERED. Signed by Magistrate Judge Dustin B. Pead on 04/02/2014. No attached document. (sku)
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| Filing 33 Stipulated MOTION for Extension of Time for Defendants' Opposition to Plaintiffs' Motion for Leave to Amend Complaint (Dkt. 30) and extend time to reply to Defendants' Motion to Dismiss (Dkt. 18) and Memorandum in Support filed by Defendants Blake Mallen, Nicholas Sarnicola, Visalus. (Mackay, John) |
| Filing 32 NOTICE of Appearance by David C. Reymann on behalf of Peter Siragusi (Reymann, David) |
| Filing 31 MEMORANDUM in Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiffs Kenn Dunn, Fred Ninow, Ocean Avenue. (Frazier, Ryan) |
| Filing 30 MOTION to Amend/Correct and Memorandum in Support filed by Plaintiffs Kenn Dunn, Fred Ninow, Ocean Avenue. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit A to Amended Complaint, #3 Exhibit B to Amended Complaint, #4 Exhibit C to Amended Complaint, #5 Exhibit D to Amended Complaint, #6 Exhibit E to Amended Complaint)(Frazier, Ryan) |
| Filing 29 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Fred Ninow, Kenn Dunn, Ocean Avenue as to Peter Siragusi served on 2/27/2014, answer due 3/20/2014. (Hancock, Cameron) |
| Filing 28 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Fred Ninow, Kenn Dunn, Ocean Avenue as to Nate Moser served on 2/27/2014, answer due 3/20/2014. (Hancock, Cameron) |
| Filing 27 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Fred Ninow, Kenn Dunn, Ocean Avenue as to Moser & Associates served on 2/27/2014, answer due 3/20/2014. (Hancock, Cameron) |
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Filing 26
ORDER granting #25 Motion for Extension of Time to File Response/Reply re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support. Responses due by 3/21/2014. Signed by Magistrate Judge Dustin B. Pead on 3/5/2014. (jwt)
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| Filing 25 Stipulated MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Plaintiffs Kenn Dunn, Fred Ninow, Ocean Avenue. (Attachments: #1 Text of Proposed Order)(Hancock, Cameron) |
| Filing 24 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Peter Siragusi. 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. (blh) |
| Filing 23 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Nate Moser. 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. (blh) |
| Filing 22 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Moser & Associates. 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. (blh) |
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Filing 21
ORDER granting #19 Motion for Extension of Time to File Response/Reply re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Responses due by 3/7/2014. Signed by Magistrate Judge Dustin B. Pead on 02/06/14. (tls)
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| Filing 20 ERRATA to #19 Stipulated MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Plaintiffs Kenn Dunn, Fred Ninow, Ocean Avenue (attaching Exhibit A to Motion for Extension of Time). (Attachments: #1 Exhibit A - Stipulation to Extend Plaintiffs' Time to Respond to Motion to Dismiss)(Hancock, Cameron) |
| Filing 19 Stipulated MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Plaintiffs Kenn Dunn, Fred Ninow, Ocean Avenue. (Attachments: #1 Text of Proposed Order)(Hancock, Cameron) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Blake Mallen, Nicholas Sarnicola, Visalus. (Mackay, John) |
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Filing 17
ORDER granting #16 Stipulated Motion for Leave to File Overlength Motion to Dismiss Claims Against Visalus, Mallen and Sarnicola. Signed by Magistrate Judge Dustin B. Pead on 01/06/2014. (tls)
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| Filing 16 Stipulated MOTION for Leave to File Overlength Motion to Dismiss Claims Against ViSalus, Sarnicola & Mallen filed by Defendants Blake Mallen, Nicholas Sarnicola, Visalus. (Attachments: #1 Exhibit A - Proposed Order)(Mackay, John) |
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Filing 15
ORDER granting #12 Motion for Admission Pro Hac Vice of James A. Ryan for Blake Mallen,James A. Ryan for Nicholas Sarnicola,James A. Ryan for Visalus. 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 Dustin B. Pead on 12/30/2013. (tls)
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Filing 14
ORDER granting #11 Motion for Admission Pro Hac Vice of Brian A. Howie for Blake Mallen,Brian A. Howie for Nicholas Sarnicola,Brian A. Howie for Visalus. 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 Dustin B. Pead on 12/30/2013. (tls)
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Filing 13
ORDER granting #10 Motion for Admission Pro Hac Vice of Kevin D. Quigley for Blake Mallen,Kevin D. Quigley for Nicholas Sarnicola,Kevin D. Quigley for Visalus. 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 Dustin B. Pead on 12/30/2013. (tls)
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| Filing 12 MOTION for Admission Pro Hac Vice of James A. Ryan , Registration fee $ 15, receipt number 1088-1969410, filed by Defendants Blake Mallen, Nicholas Sarnicola, Visalus. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - Proposed Order)(Mackay, John) |
| Filing 11 MOTION for Admission Pro Hac Vice of Brian A. Howie , Registration fee $ 15, receipt number 1088-1969407, filed by Defendants Blake Mallen, Nicholas Sarnicola, Visalus. (Attachments: #1 Exhibit A - application, #2 Exhibit B- Proposed Order)(Mackay, John) |
| Filing 10 MOTION for Admission Pro Hac Vice of Kevin D. Quigley , Registration fee $ 15, receipt number 1088-1969400, filed by Defendants Blake Mallen, Nicholas Sarnicola, Visalus. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - Proposed Order)(Mackay, John) |
| Filing 9 NOTICE of Appearance by John W. Mackay on behalf of Blake Mallen, Nicholas Sarnicola, Visalus (Mackay, John) |
| Filing 8 WAIVER OF SERVICE Returned Executed filed by Fred Ninow, Kenn Dunn, Ocean Avenue as to Blake Mallen Waiver sent on 11/7/2013, answer due 1/6/2014. (Hancock, Cameron) |
| Filing 7 WAIVER OF SERVICE Returned Executed filed by Fred Ninow, Kenn Dunn, Ocean Avenue as to Nicholas Sarnicola Waiver sent on 11/7/2013, answer due 1/6/2014. (Hancock, Cameron) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by Fred Ninow, Kenn Dunn, Ocean Avenue as to Visalus Waiver sent on 11/7/2013, answer due 1/6/2014. (Hancock, Cameron) |
| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Visalus. 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. (blh) |
| Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Nicholas Sarnicola. 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. (blh) |
| Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Blake Mallen. 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. (blh) |
| Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-1936357), filed by Fred Ninow, Kenn Dunn, Ocean Avenue. (Attachments: #1 Exhibit A - Video tape pictures of Moser, #2 Exhibit B - Email from Moser to U.S. Hacker, #3 Exhibit C - Email from PI firm to U.S. Hacker, #4 Exhibit D - 5/29/13 Email from Sumit Vishoi to PI firm, #5 Exhibit E - Photos of Moser at ViSalus events, #6 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (Hancock, Cameron) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiffs Fred Ninow, Ocean Avenue is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 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. (rls) |
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