Vivint v. Safonov et al
Vivint |
George Safonov, Austin Strong, Jeff Strong, Regan Spencer, Seth Grenny, Sam Grenny, Anthony Vela, Zach Jenson, Michael Brizuela and Alaina Woolsey |
Vision Security |
2:2014cv00136 |
February 25, 2014 |
US District Court for the District of Utah |
Central Office |
Utah |
Bruce S Jenkins |
Other Statutory Actions |
28 U.S.C. § 1441 Notice of Removal |
Both |
Docket Report
This docket was last retrieved on May 4, 2016. A more recent docket listing may be available from PACER.
Document Text |
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Filing 223 NOTICE of Entry by Vivint re #214 Default Judgment (Attachments: #1 Exhibit A - Default Judgment) (Steward, Matthew) |
Filing 222 NOTICE of Entry by Vivint re #213 Judgment, (Attachments: #1 Exhibit A - Final Judgment) (Steward, Matthew) |
Filing 221 Modification of Docket: Correction: Attached approved minute entry. re #206 Status Conference. (kpf) |
Filing 217 DEFAULT JUDGMENT in favor of Vivint against Anthony Vela. Vivint is awarded judgment on its breach of contract claim in the principalamount of $50,338.00. Signed by Judge Bruce S. Jenkins on 4/25/2016. (las) |
Filing 216 DEFAULT JUDGMENT in favor of Vivint against Zach Jenson. Signed by Judge Bruce S. Jenkins on 4/25/2016. (las) |
Filing 215 DEFAULT JUDGMENT in favor of Vivint against Sam Grenny. Signed by Judge Bruce S. Jenkins on 4/25/2016. (las) |
Filing 214 DEFAULT JUDGMENT in favor of Vivint against Michael Brizuela. Signed by Judge Bruce S. Jenkins on 4/25/2016. (las) |
Filing 213 JUDGMENT in favor of Vivint against George Safonov. Judgment is hereby entered against Defendant George Safonov and in Favor of Vivint in the principal amount of $15,000.00. Signed by Judge Bruce S. Jenkins on 4/25/2016. (las) |
Civil Case Terminated. (las) |
Filing 212 ORDER granting #211 Motion to Dismiss Party. Regan Spencer terminated. Signed by Judge Bruce S. Jenkins on 4/21/2016. (las) |
Filing 211 Stipulated MOTION to Dismiss Party Regan Spencer and Memorandum in Support with Prejudice filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 210 CERTIFICATE OF SERVICE by Vivint re #209 MOTION to Enforce Settlement Agreement and for Entry of Judgment and Memorandum in Support (Pack, Timothy) |
Filing 209 MOTION to Enforce Settlement Agreement and for Entry of Judgment and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Transcript of Bench Trial - Settlement Agreement held March 14, 2016, #2 Exhibit 2 - Settlement Agreement & Mutual Release, #3 Exhibit 3 - Affidavit of Tim R. Pack)(Pack, Timothy) |
Filing 208 Modification of Docket: Error: Docketed Bench trial as a Status Conference Correction: Changed from status conference to Bench Trial. re #206 Status Conference. (kpf) |
Filing 207 Witness and Exhibit List filed by Plaintiff Vivint. (kpf) |
Filing 206 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Bench Trial held on 3/14/2016. The parties are present. Opening statements made from both sides. Plaintiffs call first witness. Witness sworn, testimony given. Exhibits 1,3,4,11,13 marked and received. Cross examination made. Re Cross made. Witness excused. Court recessed at 11:30 a.m. Court reconvened at 1:40 p.m. Parties notify the court that they had reached a settlement agreement that would resolve this case and this trial. Counsel states the agreement on record. The action against Mr. Safonov is subject to the agreement as noted on the record and is settled by the agreement. Counsel is to reduce it in writing. Attorney for Plaintiff: Timothy R. Pack, Matthew A. Steward, Attorney for Defendant: George Safonov - Prose. Court Reporter: Patti Walker.(kpf) Modified on 3/15/2016 to change from status conference to bench trial (kpf). Modified on 4/27/2016 to add text and image(kpf). |
Filing 205 OBJECTIONS to Vivint's Pretrial Disclosures filed by Regan Spencer. (Young, Dallas) |
Filing 204 Proposed Witness List Spencer's Pretrial Disclosures by Regan Spencer. (Young, Dallas) |
Filing 203 NOTICE OF FILING of Vivint's Pretrial Disclosures filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 202 Modification of Docket: Correction: Attached approved minute entry. re #192 Pretrial Conference - Final. (kpf) |
Filing 201 Modification of Docket: Correction: Attached approved minute entry. re #199 Pretrial Conference (kpf) |
Filing 200 CERTIFICATE OF SERVICE by Vivint of Vivint Inc.'s Fourth Supplemental Initial Disclosures (Pack, Timothy) |
Filing 199 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Final Pretrial Conference held on 1/14/2016, 1-2 day Bench Trial set for 3/14/2016 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. Attorney for Plaintiff: Timothy R. Pack, Attorney for Defendant: Dallas B. Young, George Safonov - Pro Se. Court Reporter: Kelly Hicken.Court Address: 351 South West Temple, Salt Lake City, Utah(kpf) Modified on 2/2/2016 added docketing text and attached image(kpf). |
Filing 198 CERTIFICATE OF SERVICE by Vivint of Vivint, Inc.'s Third Supplemental Initial Disclosures (Pack, Timothy) |
Filing 197 Modification of Docket: Correction: Attached approved minute entry. re #193 Pretrial Conference (kpf) |
Filing 196 NOTICE OF HEARING: At the request of counsel, the Final Pretrial Conference is re-set for 1/14/2016 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 195 Modification of Docket: Correction: Attached approved minute entry. re #188 Motion Hearing. (kpf) |
Filing 194 NOTICE OF HEARING: Final Pretrial Conference is set for 12/18/2015 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 193 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Final Pretrial Conference held on 11/20/2015. Counsel for Plaintiff not present. This matter will be continued. Pretrial Conference RESET for 12/18/2015 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. Attorney for Plaintiff: Not Present, Attorney for Defendant: Dallas B. Young. Court Reporter: Patti Walker.(kpf). Modified on 12/21/2015 to add docketing text and attach approved minute entry(kpf). |
Filing 192 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Final Pretrial Conference held on 10/23/2015. Final Pretrial Conference set for 11/20/2015 at 02:00 PM in Rm 7.200 before Judge Bruce S. Jenkins. Attorney for Plaintiff: Timothy Pack, Matthew Steward, Attorney for Defendant: Dallas Young. Court Reporter: Patti Walker.(Time Start: 10:07, Time End: 10:42, Room 7.200.)(las) Modified on 2/8/2016 to add docketing text and attach image(kpf). |
Filing 191 ORDER granting #190 Motion to Dismiss Party. Seth Grenny terminated. Signed by Judge Bruce S. Jenkins on 10/23/2015. (las) |
Filing 190 Stipulated MOTION to Dismiss Party Seth Grenny and Memorandum in Support (Dismiss with Prejudice) filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order)(Steward, Matthew) |
Filing 189 Notice of Appearance Counsel Dallas B. Young filed by Defendant Regan Spencer. Attorney Dallas Brent Young added to party Regan Spencer(pty:dft)(Young, Dallas) Modified on 10/21/2015 Termed the motion and changed text to state notice of appearance of counsel.(las). |
Filing 188 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 10/19/2015 re #169 Defendant's MOTION for Partial Summary Judgment Regarding Statutory Damages Under the UTAA filed by Regan Spencer, #184 MOTION to Set Aside Default and Memorandum in Support filed by Seth Grenny. Attorney for Plaintiff: Timothy R. Pack, Matthew A. Steward, Attorney for Defendant: Nathan E. Burdsal, Dallas Young. Court Reporter: Ed Young.(kpf). Modified on 12/15/2015 to add docketing text and attach approved minute entry (kpf). |
Filing 187 NOTICE OF HEARING ON MOTION re: #184 MOTION to Set Aside Default : Motion Hearing set for 10/19/2015 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 186 REPLY to Response to Motion re #169 Defendant's MOTION for Partial Summary Judgment Regarding Statutory Damages Under the UTAA filed by Defendant Regan Spencer. (Petro, Michael) |
Filing 185 AMENDED NOTICE OF HEARING ON MOTION re: #169 Defendant's MOTION for Partial Summary Judgment Regarding Statutory Damages Under the UTAA : Motion Hearing set for 10/19/2015 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 184 MOTION to Set Aside Default and Memorandum in Support filed by Defendant Seth Grenny. (Attachments: #1 Affidavit Affidavit of Seth Grenny)(Burdsal, Nathan) |
Filing 183 ANSWER to #60 Amended Complaint filed by Seth Grenny. Attorney Nathan E. Burdsal added to party Seth Grenny(pty:dft)(Burdsal, Nathan) |
Filing 182 NOTICE OF HEARING ON MOTION re: #169 Defendant's MOTION for Partial Summary Judgment Regarding Statutory Damages Under the UTAA : Motion Hearing set for 9/30/2015 at 10:30 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 181 MEMORANDUM in Opposition re #169 Defendant's MOTION for Partial Summary Judgment Regarding Statutory Damages Under the UTAA filed by Plaintiff Vivint. (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)(Pack, Timothy) |
Filing 180 Modification of Docket: Attached approved minute entry re #177 Telephone Conference. (las) |
Filing 179 ORDER granting #178 Motion for Extension of Time. The court orders that the deadline for the parties to file a proposed pretrial order is October 19, 2015. Signed by Judge Bruce S. Jenkins on 9/2/2015. (las) |
Filing 178 Stipulated MOTION for Extension of Time to File Pretrial Order filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 177 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Telephone Conference held on 8/25/2015. Court hears from counsel regarding a conflict about the deposition of David Werner. Counsel have agreed to the form of question that can be asked about Mr. Spencer. The court discussed the process for preserving an objection but requiring an answer. Attorney for Plaintiff: Victoria Finlinson, Attorney for Defendant: Dallas Young. Court Reporter: Patti Walker.(Time Start: 1:30, Time End: 1:35, Room Chambers.)(las) Modified on 9/9/2015 added minute entry text(las). (las). |
Filing 176 CLERK'S NOTICE OF POSSIBLE ERROR re #172 Notice (Other), #171 Notice (Other), #170 Notice (Other), #166 Notice (Other), #167 Notice (Other). Description of possible error: Pursuant to Rule 26-1 notice of deposition are not to be filed with the court unless ordered by the judge. In the future please do not file discovery with the court including notice of depositions. (jmr) |
Filing 175 OBJECTIONS to Deposition of David Werner filed by Regan Spencer. (Petro, Michael) |
Filing 174 Modification of Docket: Correction: Attached Approved Minute Entry re #152 Motion Hearing. (ss) |
Filing 173 Modification of Docket: Correction: Attached Approved Minute Entry re #147 Motion Hearing. (ss) |
Filing 172 NOTICE of Deposition of David Werner by Vivint (Finlinson, Victoria) |
Filing 171 NOTICE of Deposition of Marcela Carrillo by Vivint (Finlinson, Victoria) |
Filing 170 NOTICE of Deposition of Gregory Coates by Vivint (Finlinson, Victoria) |
Filing 169 Defendant's MOTION for Partial Summary Judgment Regarding Statutory Damages Under the UTAA filed by Defendant Regan Spencer. (Petro, Michael) |
Filing 168 NOTICE of Continuance of Deposition of Emmanuel Thompson by Vivint (Finlinson, Victoria) |
Filing 167 NOTICE of Deposition of Patsy Puckett by Vivint (Finlinson, Victoria) |
Filing 166 NOTICE of Deposition of Emmanuel Thompson by Vivint (Finlinson, Victoria) |
Filing 165 NOTICE of Appearance by Victoria Finlinson on behalf of Vivint (Finlinson, Victoria) |
Filing 164 Modification of Docket: Correction: Attached approved minute entry re #162 Motion Hearing. (ss) |
Filing 163 ORDER denying #142 Motion in Limine; denying #148 Motion for Judgment on the Pleadings. Vivnt may take the depositions of the customers at issue in this case. A final pretrial hearing is scheduled for October 23, 2015, at 10:00 a.m.. Signed by Judge Bruce S. Jenkins on 7/8/20015. (kpf) |
Filing 162 Minute Entry for proceedings held before Judge Bruce S. Jenkins. Motion Hearing held on 6/29/2015 re #142 MOTION in Limine and Memorandum in Support to Admit Audio Recordings filed by Vivint, #148 Defendant's MOTION for Judgment on the Pleadings Regan Spencer's Motion for Partial Judgment on the Pleadings filed by Regan Spencer, ( Final Pretrial Conference set for 10/23/2015 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. After hearing from counsel, Court denied the #148 Defendant's Motion of Judgment on the Pleadings. The #142 Motion in Limine was denied. All depositions to be completed by the end of 9/15. Pretrial date of 9/3/15 was vacated. Court set a Final Pretrial Conference for 10/23/15 at 10:00 am. Counsel to prepare and submit appropriate orders. Attorney for Plaintiff: Matthew A. Steward, Timothy R. Pack, Attorney for Defendant: Dallas Young - Spencer. Court Reporter: Patti Walker.(Time Start: 1:30 pm, Time End: 1:55 pm, Room 7.200.)(ss) Modified on 7/20/2015 to add docket text and attach minute entry(ss). (ss). |
Filing 161 NOTICE OF HEARING ON MOTION re: #142 MOTION in Limine to Admit Audio Recordings : Motion Hearing set for 6/29/2015 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 160 REQUEST to Submit for Decision re #142 MOTION in Limine and Memorandum in Support to Admit Audio Recordings filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 159 CERTIFICATE OF SERVICE by Vivint Motion in Limine to Admit Audio Recordings (Pack, Timothy) |
Filing 158 REPLY to Response to Motion re #142 MOTION in Limine and Memorandum in Support to Admit Audio Recordings filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 157 NOTICE OF WITHDRAWAL OF COUNSEL of John W. Anderson filed by John W. Anderson on behalf of George Safonov (Anderson, John) |
Filing 156 ORDER, ( Final Pretrial Conference set for 9/3/2015 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins., Proposed Pretrial Order due by 8/31/2015.). Signed by Judge Bruce S. Jenkins on 6/2/15. (ss) |
Filing 155 ORDER denying #122 Motion for Partial Summary Judgment. Signed by Judge Bruce S. Jenkins on 6/1/15. (ss) |
Filing 154 NOTICE OF HEARING ON MOTION re: #148 Defendant's MOTION for Judgment on the Pleadings Regan Spencer's Motion for Partial Judgment on the Pleadings : Motion Hearing set for 6/29/2015 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 153 MEMORANDUM in Opposition re #148 Defendant's MOTION for Judgment on the Pleadings Regan Spencer's Motion for Partial Judgment on the Pleadings filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Klein-Becker USA, LLC v. Home Shopping Network, Inc., #2 Exhibit 2 - In re Oreck Corp. Halo Vacuum and Air Purifiers, #3 Exhibit 3 - Memorandum Decision)(Pack, Timothy) |
Filing 152 Minute Entry for proceedings held before Judge Bruce S. Jenkins. Motion Hearing held on 5/15/2015 re #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov filed by Vivint. After hearing from counsel, denied the #122 Motion for Partial Summary Judgment. Court request counsel file an amended pretrial order. The order should include a roster of exhibits and witnesses in their cases in chief. Disputed issues identified. Order should be submitted by 7/15/15. Court will set a final pretrial conference at a later date. Mr. Anderson to prepare an order reflecting court's ruling within 5 days.Pla Attorney:Matthew A. Steward, Timothy R. Pack; Defendant attorney: John W. Anderson - SafonovDft: allas Young, Steve Killpack - Spencer Court Reporter: Patti Walker.(Time Start: 1:40 pm, Time End: 3:30 pm, Room 7.200.)(ss) Modified on 8/13/2015 to add docket text and attach minute entry (ss). (ss). |
Filing 151 REQUEST to Submit for Decision re #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 150 REPLY to Response to Motion re #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Transcript)(Pack, Timothy) |
Filing 149 AFFIDAVIT/DECLARATION of Regan Spencer in Opposition re #142 MOTION in Limine and Memorandum in Support to Admit Audio Recordings filed by Defendant Regan Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Petro, Michael) |
Filing 148 Defendant's MOTION for Judgment on the Pleadings Regan Spencer's Motion for Partial Judgment on the Pleadings filed by Defendant Regan Spencer. (Petro, Michael) |
Filing 147 Minute Entry for proceedings held before Judge Bruce S. Jenkins. Motion Hearing held on 5/11/2015 re #134 MOTION Motion to Withdraw and/or Amend Admissions and for Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment re #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov, MOTION for Extension of Time to Answer Discovery and to Respond to Plaintiff's Motion for Partial Summary Judgment and Memorandum in Support filed by George Safonov. After hearing from counsel, Court reserved ruling on the #134 Motion to Withdraw and/or Amend Admissions at this time. Attorney for Plaintiff: Timothy R. Pack, Attorney for Defendant: Jake Hinkins - Safonov. Court Reporter: Karen Murakami.(Time Start: 10:30 am, Time End: 10:55 am, Room 7.200.)(ss) Modified on 8/13/2015 to add docket text and attach minute entry(ss). (ss). |
Filing 146 REPLY to Response to Motion re #134 MOTION Motion to Withdraw and/or Amend Admissions and for Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment re #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov, MOTION for Extension of Time to Answer Discovery and to Respond to Plaintiff's Motion for Partial Summary Judgment and Memorandum in Support filed by Defendant George Safonov. (Anderson, John) |
Filing 145 AMENDED NOTICE OF HEARING ON MOTION re: #134 MOTION Motion to Withdraw and/or Amend Admissions and for Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment : Motion Hearing set for 5/11/2015 at 10:30 AM in Rm 7.200 before Judge Bruce S. Jenkins. (Time correction only.) (kms) |
Filing 144 MEMORANDUM in Opposition re #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov filed by Defendant George Safonov. (Anderson, John) |
Filing 143 NOTICE OF HEARING ON MOTION re: #134 MOTION to Withdraw and/or Amend Admissions and for Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment : Motion Hearing set for 5/11/2015 at 10:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 142 MOTION in Limine and Memorandum in Support to Admit Audio Recordings filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Affidavit of Sean Ricks, #2 Exhibit B - Cover Sheet for Audio Recordings)(Pack, Timothy) |
Set/Reset Hearings: Final Pretrial Conference reset for 5/15/2015 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. Final Pretrial will be addressed at this hearing as well as the summary judgment motions.(ss) |
Filing 141 MEMORANDUM in Opposition re #134 MOTION Motion to Withdraw and/or Amend Admissions and for Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment re #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov, MOTION for Extension of Time to Answer Discovery and to Respond to Plaintiff's Motion for Partial Summary Judgment and Memorandum in Support filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 138 Modification of Docket: Correction: Attached Approved Minute Entry re #135 Motion Hearing. (ss) |
Filing 140 NOTICE OF HEARING ON MOTION re: #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov : (Notice generated by Clerk) Motion Hearing currently set for 4/30/15 at 9:30 PM is continued to 5/15/2015 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (jlw) |
Filing 139 ORDER granting #136 Motion to Continue Hearing and Amending Briefing Deadlines. Signed by Judge Bruce S. Jenkins on 4/24/15. (jlw) |
Filing 137 OBJECTIONS to Vivint's Exhibits and Use of Depositions filed by Regan Spencer. (Petro, Michael) |
Filing 136 Stipulated MOTION to Continue Stipulated Motion to Continue Hr'g and Amend Briefing Deadlines filed by Defendant George Safonov. (Attachments: #1 Text of Proposed Order)(Anderson, John) |
Deadlines terminated. Magistrate consent deadline terminated (ss) |
Filing 135 Minute Entry for proceedings held before Judge Bruce S. Jenkins. Motion Hearing held on 4/14/2015 re: Final Pretrial Conference, #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov filed by Vivint, #134 MOTION Motion to Withdraw and/or Amend Admissions and for Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment re #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov, MOTION for Extension of Time to Answer Discovery and to Respond to Plaintiff's Motion for Partial Summary Judgment and Memorandum in Support filed by George Safonov. Court continued the matter to 4/30/2015 at 09:30 AM in Rm 7.200 before Judge Bruce S. Jenkins.Hearing will involve the #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov,and the Final Pretrial Conference. After hearing from counsel, Court granted in part the #134 Motion to Withdraw and/or Amend Admissions and For Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment. Mr. Safonov's counsel will file a response to the #122 Plaintiff's Motion for Partial Summary by 4/22/15, reply is due 4/29/15. Court continued the matter to 4/30/15 at 9:30am. The hearing will involve the Final Pretrial Conference, #122 Motion for Partial Summary Judgment. Attorney for Plaintiff: Timothy Pack, Attorney for Defendant: John Anderson. Court Reporter: Patti Walker.(Time Start: 9:45 am, Time End: 10:00 am, Room 7.200.)(ss) Modified on 4/27/2015 to add docket text and attach minute entry(ss). (ss). |
Filing 134 MOTION Motion to Withdraw and/or Amend Admissions and for Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment re #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov, #112 Certificate of Service and Memorandum in Support , MOTION for Extension of Time to Answer Discovery and to Respond to Plaintiff's Motion for Partial Summary Judgment and Memorandum in Support filed by Defendant George Safonov. (Anderson, John) |
Filing 133 NOTICE of Appearance by John W. Anderson on behalf of George Safonov (Anderson, John) |
Filing 132 ORDER granting Stipulated #130 Motion to Dismiss Party with prejudice. Alaina Woolsey, Austin Strong (an individual) and Jeff Strong (an individual) terminated. See Order for details. Signed by Judge Bruce S. Jenkins on 4/7/15. (jmr) |
Filing 131 Modification of Docket: re Set Deadlines/Hearings deadline re: Joint Pretrial Order was set in the wrong case. Please disregard. (jmr) |
Set Deadlines/Hearings: Joint Pretrial Order due by 4/24/2015 per Order 433 (jmr) Modified on 4/8/2015-deadline entered in error (jmr). |
Filing 130 Stipulated MOTION to Dismiss Party Austin Strong, Jeff Strong, and Alaina Woolsey and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order)(Steward, Matthew) |
Filing 129 REQUEST to Submit for Decision re #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 128 AMENDED SCHEDULING ORDER: Final Pretrial Conference reset for 4/14/2015 at 09:30 AM in Rm 7.200 before Judge Bruce S. Jenkins., Proposed Pretrial Order due by 4/13/2015. #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov. Motion Hearing set for 4/14/2015 at 09:30 AM in Rm 7.200 before Judge Bruce S. Jenkins. Signed by Judge Bruce S. Jenkins on 3/16/15. (ss) |
Deadlines/Hearings terminated. (ss) |
Filing 127 MOTION for Scheduling Order and Memorandum in Support (Unopposed Motion for Entry of First Amended Scheduling Order) filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order)(Pack, Timothy) |
Filing 126 NOTICE OF HEARING ON MOTION (to be heard within the context of Pretrial) re: #122 MOTION for Partial Summary Judgment Against George Safonov : Motion Hearing set for 3/19/2015 at 09:30 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 125 NOTICE of Completion of Limited Appearance by George Safonov re #118 Notice of Appearance (Evanson, R.) |
Filing 124 CERTIFICATE OF SERVICE by Vivint of Supplemental Initial Disclosures (Pack, Timothy) |
Filing 123 EXHIBITS filed by Vivint re #122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov. (Attachments: #1 Exhibit 3 - Affidavit of Sean Ricks, #2 Exhibit 4 - First Set of Requests for Admission to George Safonov, #3 Exhibit 5 - Excerpts from Deposition Transcript of George Safonov, #4 Exhibit 6 - Affidavit of Michael Gutierrez, #5 Exhibit 7 - Damages Spreadsheet, #6 Exhibit 8 - Vivint Contracts (Part 1 of 8), #7 Exhibit 8 - Vivint Contracts (Part 2 of 8), #8 Exhibit 8 - Vivint Contracts (Part 3 of 8), #9 Exhibit 8 - Vivint Contracts (Part 4 of 8), #10 Exhibit 8 - Vivint Contracts (Part 5 of 8), #11 Exhibit 8 - Vivint Contracts (Part 6 of 8), #12 Exhibit 8 - Vivint Contracts (Part 7 of 8), #13 Exhibit 8 - Vivint Contracts (Part 8 of 8))(Steward, Matthew) |
Filing 122 MOTION for Partial Summary Judgment and Memorandum in Support Against George Safonov filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - 2011 Sales Representative Agreement, #2 Exhibit 2 - 2013 Sales Representative Agreement)(Steward, Matthew) |
Filing 121 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action and Return of Service served on Rob Harris (Vision Security, LLC) c/o Jodee Harris on February 3, 2015, filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 120 CERTIFICATE OF SERVICE by Regan Spencer Response to Plaintiff's First Set of Requests for Production of Documents and Requests for Admissions (Petro, Michael) |
Filing 119 CERTIFICATE OF SERVICE by Austin Strong, Jeff Strong Intitial Request for Production of Documents and Interrogatories (Gardner, David) |
Filing 118 NOTICE of Appearance by R. Brett Evanson on behalf of George Safonov (Evanson, R.) |
Filing 117 CERTIFICATE OF SERVICE by Vivint of Vivint, Inc.'s Initial Disclosures (Pack, Timothy) |
Filing 116 CERTIFICATE OF SERVICE by Vivint of First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Regan Spencer (Pack, Timothy) |
Filing 115 CERTIFICATE OF SERVICE by Vivint of First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Austin Strong (Pack, Timothy) |
Filing 114 CERTIFICATE OF SERVICE by Vivint of First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Jeff Strong (Pack, Timothy) |
Filing 113 CERTIFICATE OF SERVICE by Austin Strong, Jeff Strong Second Request for Production of Documents and Interrogatories (Gardner, David) |
Filing 112 CERTIFICATE OF SERVICE by Vivint of First Set of Requests for Admission to George Safonov (Pack, Timothy) |
Filing 111 Modification of Docket: Correction: Attached Approved Minute Entry re #106 Motion Hearing, Scheduling Conference, Set Deadlines/Hearings. (ss) |
Filing 109 SCHEDULING ORDER: Discovery due by 2/1/2015. Motions due by 2/16/2015. Proposed Pretrial Order due by 3/16/2015. Pretrial Conference set for 3/19/2015 09:30 AM in Rm 7.200 before Judge Bruce S. Jenkins. Signed by Judge Bruce S. Jenkins on 11/13/14. (jmr) |
Filing 110 Clerk's ENTRY OF DEFAULT CERTIFICATE as to Michael Brizuela, Sam Grenny, Seth Grenny, Zach Jenson, Anthony Vela, Alaina Woolsey. (jmr) |
Filing 108 NOTICE OF FILING of Application for Entry of Default Agaisnt Defendants Anthony Vela, Michael Brizuela, Seth Grenny, Sam Grenny, Zach Jenson and Alaina Woolsey re #60 Amended Complaint filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order)(Zollinger, Shannon) |
Filing 107 ORDER granting #97 Motion to Withdraw as Attorney. Attorney Jason R. Hull and Erik A. Olson withdrawn from case for George Safonov. Signed by Judge Bruce S. Jenkins on 10/30/14. (ss) |
Filing 106 Minute Entry for proceedings held before Judge Bruce S. Jenkins. Motion Hearing held on 10/30/2014 re #97 MOTION to Withdraw as Attorney and Memorandum in Support filed by George Safonov, Scheduling Conference held on 10/30/2014, ( Discovery due by 2/1/2015., Motions due by 2/16/2015., Pretrial Order due by 3/16/2015., Final Pretrial Conference set for 3/19/2015 09:30 AM in Rm 7.200 before Judge Bruce S. Jenkins.) After hearing from Mr. Hull, Court granted the #97 Motion to Withdraw as Attorney for George Safonov. Mr. Hull to send an order. Mr. Kaplan reported to the court that all parties have been served. Court set the following dates: all discovery to be completed by 2/1/15, post discovery motions 2/16/15, Final Pretrial Conference set for 3/19/15 at 9:30 am, counsel to submit an agreed form of pretrial order by 3/16115. Mr. Kaplan to prepare an order reflecting dates set. Attorney for Plaintiff: Neil A. Kaplan, Shannon Zollinger, Attorney for Defendant: Jason R. Hull - Safonov; David Gardner - Strong. Court Reporter: Patti Walker.(Time Start: 9:35 am, Time End: 10:00 am, Room 7.200.)Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (ss) Modified on 11/17/2014 to add docket text and attach minute entry (ss). (ss). |
Filing 105 WITHDRAWAL OF MOTION by Plaintiff Vivint re #101 MOTION for Leave to File Second Amended Complaint and Memorandum in Support filed by Vivint . (Pack, Timothy) |
Filing 104 Modification of Docket: Error: Docketed in Wrong Case. Correction: Stricken. re 103 Show Cause Hearing. (ss) |
Filing 102 AMENDED NOTICE OF HEARING ON MOTION and STATUS AND SCHEDULING CONFERENCE re: #97 MOTION to Withdraw as Attorney : Status and Scheduling and Motion Hearing re-set for 10/30/2014 09:30 AM in Rm 7.200 before Judge Bruce S. Jenkins. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kms) |
Filing 103 Minute Entry for proceedings held before Judge Bruce S. Jenkins. Show Cause Hearing held on 10/21/2014. Show Cause Hearing set for 10/31/2014 02:00 PM in Rm 7.200 before Judge Bruce S. Jenkins. Detailed minute entry to follow pending Judge Jenkins' approval. Attorney for Plaintiff: Christopher J. Martinez - Klein, Attorney for Defendant: David VanCampen - pro se. Court Reporter: Ed Young.(Time Start: 2:30 pm, Time End: 2:40 pm, Room 7.200.)Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (ss) Modified on 10/23/2014 Minute entry was docketed in the incorrect case please disregard (ss). |
Filing 101 MOTION for Leave to File Second Amended Complaint and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - [Proposed] Second Amended Complaint and Jury Demand)(Pack, Timothy) |
Filing 100 Defendant Regan Spencer's ANSWER to Complaint filed by Regan Spencer.(Petro, Michael) |
Filing 98 NOTICE OF HEARING ON MOTION re: #97 MOTION to Withdraw as Attorney : Motion Hearing set for 10/23/2014 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kms) |
Filing 97 MOTION to Withdraw as Attorney and Memorandum in Support filed by Defendant George Safonov. (Attachments: #1 Text of Proposed Order)(Hull, Jason) |
Filing 96 AFFIDAVIT OF SERVICE for Summons, Complaint, and Order Granting Motion to Serve Defendants by Alternative Means served on Alaina Woolsey on 09/06/2014, filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Facebook message screen, #2 Exhibit 2 - Proof of Publication)(Pack, Timothy) |
Filing 95 AFFIDAVIT OF SERVICE for Summons, Complaint, and Order Granting Motion to Serve Defendants by Alternative Means served on Anthony Vela on 09/06/2014, filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Facebook message screen, #2 Exhibit 2 - Proof of Publication)(Pack, Timothy) |
Filing 94 AFFIDAVIT OF SERVICE for Summons, Complaint, and Order Granting Motion to Serve Defendants by Alternative Means served on Regan Spencer on 09/06/2014, filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Facebook message screen, #2 Exhibit 2 - Proof of Publication)(Pack, Timothy) |
Filing 93 AFFIDAVIT OF SERVICE for Summons, Complaint, and Order Granting Motion to Serve Defendants by Alternative Means served on Zach Jenson on 09/06/2014, filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Facebook message screen, #2 Exhibit 2 - Proof of Publication)(Pack, Timothy) |
Filing 92 AFFIDAVIT OF SERVICE for Summons, Complaint, and Order Granting Motion to Serve Defendants by Alternative Means served on Seth Grenny on 09/06/2014, filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Facebook message screen, #2 Exhibit 2 - Proof of Publication)(Pack, Timothy) |
Filing 91 AFFIDAVIT OF SERVICE for Summons, Complaint, and Order Granting Motion to Serve Defendants by Alternative Means served on Sam Grenny on 09/06/2014, filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Facebook message screen, #2 Exhibit 2 - Proof of Publication)(Pack, Timothy) |
Filing 90 AFFIDAVIT OF SERVICE for Summons, Complaint, and Order Granting Motion to Serve Defendants by Alternative Means served on Michael Brizuela on 09/06/2014, filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Facebook message screen, #2 Exhibit 2 - Proof of Publication)(Pack, Timothy) |
Filing 89 ORDER granting #88 Motion for Service by Publication (to Serve Defendants by Alternative Means). Signed by Judge Bruce S. Jenkins on 9/2/14. (jmr) |
Filing 88 Ex Parte (Not Sealed) MOTION for Service by Publication and Memorandum in Support (to Serve Defendants by Alternative Means) filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Affidavit of Timothy R. Pack, #2 Exhibit 2 - Orders on Motions for Alternative Service, #3 Exhibit 3 - Facebook Page of George Safonov, #4 Exhibit Facebook Page of Austin Strong, #5 Exhibit 5 - Facebook Page of Jeff Strong, #6 Exhibit 6 - Facebook Page of Regan Spencer, #7 Exhibit 7- Facebook Page of Zach Jensen, #8 Exhibit Facebook Page of Anthony Vela, #9 Exhibit 9 - Facebook Page of Michael Brizuela, #10 Exhibit 10 - Facebook Page of Sam Grenny, #11 Exhibit 11 - Facebook Page of Seth Grenny, #12 Exhibit 12 - Facebook Page of Alaina Woolsey, #13 Text of Proposed Order)(Steward, Matthew) |
Filing 87 Modification of Docket: Correction: Attached approved minute entry re #84 Status and Scheduling Conference. (ss) |
Filing 86 ORDER continuing Status Report and Scheduling Conference to 10/23/2014 01:30 PM in Rm 7.100 before Judge Bruce S. Jenkins. Signed by Judge Bruce S. Jenkins on 8/15/14. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah(ss) |
Filing 85 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Alaina Woolsey. 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. (eat) |
Filing 84 Minute Entry for proceedings held before Judge Bruce S. Jenkins. Status and Scheduling Conference held on 8/12/2014. Plaintiff counsel updated the court as to the status of service on various parties. Court continued this to 10/23/14 at 1:30 for further status and scheduling conference. Mr. Steward to prepare and order. Attorney for Plaintiff: Matthew A. Steward, Timothy R. Pack, Attorney for Defendant: Jason R. Hull - Safonov; David Gardner - Strong. Court Reporter: Kelly Hicken.(Time Start: 2:05 pm, Time End: 2:10 pm, Room 7.200.)Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (ss) Modified on 8/20/2014 to add docket text and attach minute entry. (ss). |
Filing 83 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Sam Grenny. 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. (amw) |
Filing 82 NOTICE of Appearance by David Reed Gardner on behalf of Austin Strong, Jeff Strong (Gardner, David) |
Filing 81 Modification of Docket: Correction: Attached approved minute entry re #43 Motion Hearing. (ss) |
Filing 80 Modification of Docket: Correction: Attached approved minute entry re #76 Motion Hearing. (ss) |
Filing 79 NOTICE OF HEARING: (Notice generated by ss) Status Report and Scheduling Conference set for 8/12/2014 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (ss) |
Filing 78 ORDER - Based on the granting of the Motion for Leave to File Amended Complaint, #15 #46 Motions to Dismiss filed by Safonov and the Strongs are moot and need not be considered further by the Court. Court granted in part the #56 Motion to Compel. See order for specifics. A status report and scheduling conference is scheduled for August 12,2014 at 1:30 p.m. in Room 7.200 before Judge Bruce S. Jenkins. Signed by Judge Bruce S. Jenkins on 7/18/14. (ss) |
Filing 77 ANSWER to #60 Amended Complaint filed by George Safonov.(Hull, Jason) |
Filing 76 Minute Entry for proceedings held before Judge Bruce S. Jenkins.Motion Hearing held on 7/1/2014 re #48 MOTION for Leave to File Amended Complaint and Memorandum in Support filed by Vivint, #56 MOTION to Compel Vision Security to Comply with Subpoena and Memorandum in Support filed by Vivint, #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by George Safonov. Counsel for parties present. Counsel for Mr. Safonov had no objection to the filing of an amended complaint. Court granted the #48 Motion for leave to file an amended complaint as it relates to George Safonov. With the filing ofthe amended complaint, George Safonov's #15 Motion to dismiss for failure to state a claim was withdrawn After hearing arguments from counsel, on the #56 Motion to Compel. Court granted the motion. Vision Security is to provide the address and phone numbers of Seth Grenny, Sam Grenny, Anthony Vela, Michael Brizuela. and areas serviced by them within the last 12 months. When areas are determined. Parties are to provide customer lists to a neutral party for review. Court will address the motion to compel as it relates to correspondence at a later date. Court set the matter for further status and scheduling on 8/12/14 at 1 :30 pm. Counsel to prepare an order reflecting courts ruling. Attorney for Plaintiff: Matthew A. Steward, Neil A.Kaplan, Timothy R. Pack, Attorney for Defendant: Jason R. Hull, Erik A. Olsen. Attorney for Mov - Bradley Weber Court Reporter: Kelly Hicken.(Time Start: 1:35 pm, Time End: 2:20 pm, Room 7.200.)Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (ss) Modified on 7/31/2014 to add docket text and attach minute entry (ss). (ss). |
Filing 75 NOTICE OF HEARING ON MOTION #48 MOTION for Leave to File Amended Complaint. Motion Hearing set for 7/1/2014 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kms) |
Filing 74 Modification of Docket: Correction: Attached approved minute entry re #61 Motion Hearing. (ss) |
Filing 73 REPLY to Response to Motion re #56 MOTION to Compel Vision Security to Comply with Subpoena and Memorandum in Support filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 72 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Zach Jenson. 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. (eat) |
Filing 71 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Seth Grenny. 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. (eat) |
Filing 70 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Regan Spencer. 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. (eat) |
Filing 69 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Michael Brizuela. 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. (eat) |
Filing 68 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Anthony Vela. 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. (eat) |
Filing 67 ANSWER to #60 Amended Complaint filed by Austin Strong, Jeff Strong.(Fale, Hutch) |
Filing 66 REQUEST to Submit for Decision re #48 MOTION for Leave to File Amended Complaint and Memorandum in Support filed by Plaintiff Vivint. (Steward, Matthew) |
Filing 65 AMENDED NOTICE OF HEARING ON MOTIONS re: #56 MOTION to Compel Vision Security to Comply with Subpoena ; #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; and #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing is re-set for 7/1/2014, 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins (per request of counsel). Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kms) |
Filing 64 Modification of Docket: Correction: Attached approved minute entry re #61 Motion Hearing. (ss) |
Filing 63 NOTICE OF HEARING ON MOTION re: #56 MOTION to Compel Vision Security to Comply with Subpoena : Motion Hearing set for 6/25/2014 10:30 AM in Rm 7.200 before Judge Bruce S. Jenkins. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kms) |
Filing 62 MEMORANDUM in Opposition re #56 MOTION to Compel Vision Security to Comply with Subpoena and Memorandum in Support filed by Movant Vision Security. (Weber, Bradley) |
Filing 60 AMENDED COMPLAINT against All Defendants with Jury Demand. New Defendants: Regan Spencer, Anthony Vela, Seth Grenny, Sam Grenny, Zach Jenson, Michael Brizuela, Alaina Woolsey., filed by Vivint. (Pack, Timothy) |
Filing 61 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 5/29/2014 re #35 MOTION to Quash Subpoena Duces Teacum RE: Jeff & Austin Strong and Memorandum in Support filed by Jeff Strong, Austin Strong, #38 MOTION for Preliminary Injunction and Memorandum in Support of Terminating Expedited Discovery filed by Jeff Strong, Austin Strong. Counsel for plaintiff and Strong defendants present. Mr. Steward stated on the record that the #38 Motion for Preliminary Injunction has been resolved. Order executed in open court. Court addressed the [48J Motion for Leave to File an Amended Complaint. There being no objection by Jeff Strong and Austin Strong. Court granted the [48J Motion for Leave to File an Amended Complaint as it relates to Jeff Strong and Austin Strong. After hearing arguments from counsel, Court granted the #35 Motion to Quash Subpoena RE: Jeff& Austin Strong. Court ordered counsel to prepare a proposed order re: the preservation of evidence. Counsel for the plaintiff are to file their amended complaint as soon as possible. Attorney for Plaintiff: Matthew A. Steward, Timothy R. Pack, Neil A. Kaplan, Attorney for Defendant: Isaac C. Byrd. Court Reporter: Laura Robinson.(Time Start: 1:35 pm, Time End: 2:15 pm, Room 7.200.) (ss) Modified on 6/4/2014 to add docket text and attach minute entry(ss). (ss). |
Filing 59 AMENDED NOTICE OF HEARING ON MOTIONS re: #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, and #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 6/25/2014 10:30 AM in Rm 7.200 before Judge Bruce S. Jenkins. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kms) |
Filing 58 PRELIMINARY INJUNCTION. Signed by Judge Bruce S. Jenkins on 5/29/14. (ss) |
Filing 56 MOTION to Compel Vision Security to Comply with Subpoena and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Subpoena to Produce Documents issued to Vision Security, LLC, #2 Exhibit 2 - Objection to Subpoena Duces Tecum issed by Vivint, Inc. (Vision Security, LLC))(Pack, Timothy) |
Filing 55 CERTIFICATE OF SERVICE by Vivint of Responses to Austin Strong and Jeff Strong's Initial Request for Production of Documents and Interrogatories (Pack, Timothy) |
Filing 57 ORDER Extending #13 Temporary Restraining Order until 5/29/14 at 5:00 p.m. Signed by Judge Bruce S. Jenkins on 5/16/14 (alt) |
Filing 54 AMENDED NOTICE OF HEARING ON MOTIONS re: #35 MOTION to Quash Subpoena Duces Teacum RE: Jeff & Austin Strong, and #38 MOTION for Preliminary Injunction: Motion Hearing set for 5/29/2014 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kms) |
Filing 53 AMENDED NOTICE OF HEARING ON MOTIONS re: #35 MOTION to Quash Subpoena Duces Teacum RE: Jeff & Austin Strong, and #38 MOTION for Preliminary Injunction: Motion Hearing is re-set for 5/19/2014 04:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. PLEASE NOTE: CHANGE IN TIME ONLY.Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kms) |
Filing 52 NOTICE OF HEARING ON MOTIONS re: #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , and #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 6/2/2014 10:30 AM in Rm 7.200 before Judge Bruce S. Jenkins. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kms) |
Filing 51 MEMORANDUM in Opposition re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 50 CERTIFICATE OF SERVICE by Austin Strong, Jeff Strong RE: Initial Request for Production of Documents and Interrogatories of Defendant Austin Strong & Defendant Jeff Strong (Byrd, Isaac) |
Filing 49 NOTICE OF HEARING ON MOTION re: #35 MOTION to Quash Subpoena Duces Teacum RE: Jeff & Austin Strong : Motion Hearing set for 5/19/2014 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kms) |
Filing 48 MOTION for Leave to File Amended Complaint and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Proposed First Amended Complaint and Jury Demand)(Pack, Timothy) |
Filing 47 Modification of Docket: Correction: Attached Detailed Minute Entry to Docket Entry re #29 Status Conference, Set Hearings. (kpf) |
Filing 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Austin Strong, Jeff Strong. (Byrd, Isaac) |
Filing 45 Second Order Extending TEMPORARY RESTRAINING ORDER-Pursuant to Fed. R. Civ. P. 65(b)(2), the Temporary Restraining Order entered on March 5, 2014 (Docket #13) is extended until May 19,2014 at 5:00 p.m. Set Deadlines as to #38 MOTION for Preliminary Injunction and Memorandum in Support of Terminating Expedited Discovery.( Motion Hearing set for 5/19/2014 10:00 AM in Rm 8.200 before Judge Bruce S. Jenkins.) See Order for details regarding depositions. Signed by Judge Bruce S. Jenkins on 4/23/14. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah(jmr) |
Filing 44 NOTICE of Appearance by Isaac C. Byrd on behalf of Austin Strong, Jeff Strong. (jmr) |
Filing 43 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 4/22/2014 re #38 MOTION for Preliminary Injunction and Memorandum in Support of Terminating Expedited Discovery filed by Jeff Strong, Austin Strong. This matter is continued. MOTION for Preliminary Injunction Hearing set for 5/19/2014 10:00 AM in Rm 7.200. Attorney for Plaintiff: Neil A. Kaplan, Attorney for Defendant: Timothy A. Steward. Court Reporter: Karen Murakami.Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kpf) (ss). |
Filing 42 MEMORANDUM in Opposition re #35 MOTION to Quash Subpoena Duces Teacum RE: Jeff & Austin Strong and Memorandum in Support filed by Plaintiff Vivint. (Steward, Matthew) |
Filing 41 OBJECTIONS to Subpoena Duces Tecum served on Vision Security, LLC filed by Vision Security. (Olsen, Sonny) |
Filing 40 MEMORANDUM in Opposition re #38 MOTION for Preliminary Injunction and Memorandum in Support of Terminating Expedited Discovery, #39 MOTION for Protective Order and Memorandum in Support filed by Plaintiff Vivint. (Pack, Timothy) |
Filing 39 MOTION for Protective Order and Memorandum in Support filed by Defendants Austin Strong, Jeff Strong. (Fale, Hutch) |
Filing 38 MOTION for Preliminary Injunction and Memorandum in Support of Terminating Expedited Discovery filed by Defendants Austin Strong, Jeff Strong. (Fale, Hutch) |
Filing 37 CERTIFICATE OF SERVICE by Vision Security re #36 Objections to Subpoena Duces Tecum (Olsen, Sonny) |
Filing 36 OBJECTIONS to Subpoena Duces Tecum served on Vision Security, LLC filed by Vision Security. (Olsen, Sonny) |
Filing 35 MOTION to Quash Subpoena Duces Teacum RE: Jeff & Austin Strong and Memorandum in Support filed by Defendants Austin Strong, Jeff Strong. (Fale, Hutch) |
Filing 34 NOTICE OF HEARING ON MOTION #3 MOTION for Preliminary Injunction (re: Strongs). PLEASE NOTE: THE ONLY CHANGE IS THE COURTROOM LOCATION, 7.200. Motion Hearing set for 4/22/2014 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kms) |
Filing 33 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Email and Mail Subpoena Duces Tecum served on Austin Strong, c/o Hutch U. Fale on 03/25/14, filed by Plaintiff Vivint. (Steward, Matthew) |
Filing 32 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Email and Mail Subpoena Duces Tecum served on Jeff Strong, C/O Hutch U. Fale on 03/25/14, filed by Plaintiff Vivint. (Steward, Matthew) |
Filing 31 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal Subpoena served on Sean K. Brown on 03/26/14, filed by Plaintiff Vivint. (Steward, Matthew) |
Filing 30 NOTICE OF ADR, e-mailed or mailed to Defendants Austin Strong, Jeff Strong. (jmr) |
Filing 28 ORDER Denying Plaintiff's Motion for Temporary Restraining Order Against George Safonov- re #3 MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction and Motion for Expedited Preliminary Discovery filed by Vivint. Vivint's Motion is hereby DENIED.Given the Court's ruling as to Vivint failing to show immediate and irreparable injury, the Court also denies Vivint's request for expedited discovery against George Safonov. See Order for additional details. Signed by Judge Bruce S. Jenkins on 3/24/14. (jmr) |
Filing 27 ORDER Extending Temporary Restraining Order-Pursuant to the stipulation and Fed. R. Civ. P. 65(b)(2), the Temporary Restraining Order entered on March 5, 2014 (Docket #13) is extended until April 22, 2014 at 5:00p.m. re #13 Temporary Restraining Order, Terminate Motions, ( Hearing set for 4/22/2014 01:30 PM in Rm 7.200 or 8.200.) See Order for details. Signed by Judge Bruce S. Jenkins on 3/24/14. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah(jmr) Modified on 3/25/2014 to fix typo (jmr). |
Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Transcript of Continued Hearing on held on March 10, 2014 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Karen Murakami, CSR, RPR, 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. 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 4/14/2014. Redacted Transcript Deadline set for 4/24/2014. Release of Transcript Restriction set for 6/23/2014. (jmr) Modified on 6/23/2014 by removing restricted text(las). |
Filing 29 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion for Preliminary Injunction held on 3/21/2014. Motion Hearing continued/set for 4/22/2014 01:30 PM in Rm 8.200. Attorney for Plaintiff: Neil A. Kaplan, Timothy R. Pack. Matthew A. Steward, Attorney for Defendant: Hutch U. Fale. Court Reporter: Patti Walker. (kpf) (kpf). Attached detailed minute entry. Modified on 4/30/2014 (kpf). |
Filing 24 NOTICE of Appearance by Hutch U. Fale on behalf of Jeff Strong (Fale, Hutch) |
Filing 23 NOTICE of Appearance by Hutch U. Fale on behalf of Austin Strong (Fale, Hutch) |
Filing 22 ERRATA to #21 Ex Parte (Not Sealed) MOTION for Service by Publication and Memorandum in Support of Motion for Alternative Service of Process filed by Plaintiff Vivint . (Attachments: #1 Exhibit A (Affidavit of Non-Service) to Exhibit 1 (Affidavit of Timothy R. Pack) to Plaintiff's Ex Parte Motion for Alternative Service of Process)(Pack, Timothy) |
Filing 21 Ex Parte (Not Sealed) MOTION for Service by Publication and Memorandum in Support of Motion for Alternative Service of Process filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Affidavit of Timothy R. Pack, #2 Exhibit 2 - Screen Shot, #3 Exhibit 3 - Order dated July 9, 2013, #4 Exhibit 4 - Facebook Page of Austin Strong, #5 Exhibit 5 - Facebook Page of Jeff Strong)(Pack, Timothy) |
Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Temporary Restraining Order and Preliminary held on March 4, 2014 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440. 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. 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 4/9/2014. Redacted Transcript Deadline set for 4/21/2014. Release of Transcript Restriction set for 6/17/2014. (jmr) Modified on 6/18/2014 by removing restricted text(las). |
Filing 17 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Jeff Strong. 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 16 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Austin Strong. 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 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant George Safonov. (Hull, Jason) |
Filing 18 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 3/10/2014 re #3 MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction and Motion for Expedited Preliminary Discovery filed by Vivint.Hearing on #3 Motion for a Temporary Restraining Order continued as it relates to George Safonov. Plaintiff's counsel called George Safonov, witness sworn and testimony given. Exhibits 1,2,4,5,7,11 of binder 2 were offered and received. After hearing arguments from counsel, Court denied the #3 Motion for a Temporary Restraining Order. Mr. Olson to prepare an order reflecting the court's ruling. Attorney for Plaintiff: Matthew A. Steward, Neil A. Kaplan, Attorney for Defendant: Erik A. Olson, Jason R. Hull. Court Reporter: Karen Murakami.(Time Start: 2:00 pm, Time End: 5:10, Room 420.) (ss) Modified on 5/12/2014 to add docket text and attach minute entry(ss). (Additional attachment(s) added on 5/12/2014: #1 Exhibit and Witness List) (ss). |
Filing 14 ORDER -Defendant George Safonov shall appear for his deposition to be taken by oral examination pursuant to Fed. R. Civ. P. 30 on March 8, 2014 at 9:30 a.m. at the law offices of Clyde Snow & Sessions, 201 S. Main St., 13th Floor, Salt Lake City, Utah 84111. ( Continuation of Evidentiary Hearing set for 3/10/2014 02:00 PM in Room 420 before Judge Bruce S. Jenkins.). Signed by Judge Bruce S. Jenkins on 3/6/14. (jmr) |
Filing 13 TEMPORARY RESTRAINING ORDER- Motions Granting/terminated: #3 MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction and Motion for Expedited Preliminary Discovery filed by Vivint. Signed by Judge Bruce S. Jenkins on 3/5/14. (jmr) |
Filing 12 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 3/4/2014 re #3 MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction and Motion for Expedited Preliminary Discovery filed by Vivint, Counsel for plaintiffs and defendant present. Plaintiffs called Nathan Blaine Wilcox and Bryan William Brothers, witness sworn and testimony given. Exhibits 1 -7, 9, 12 were offered and received. After hearing arguments from counsel, Court granted the #3 Motion for Temporary Restraining Order as it relates to Austin and Jeff Strong. Court set the matter for a hearing on the preliminary injunction on 3/21/14 at 2:30 pm. Court ordered counsel for George Safonov to make him available for deposition on 3/8/14 at 9:30am at plaintiffs office. Court continued the Temporary Restraining Order hearing to 3/10/14 at 2:00 pm. Mr. Safonov is to be present for this hearing. Attorney for Plaintiff: Matthew A. Steward, Neil A. Kaplan, Rod Snow, Timothy R. Pack, Attorney for Defendant: Erik A. Olson, Jason R. Hull. Court Reporter: Patti Walker.(Time Start: 1:45 pm, Time End: 5:10 pm, Room 420.) (ss) Modified on 3/6/2014 to attach approved minute entry and add docket text(ss). (ss). Modified on 3/10/2014 to correct error in text (ss). |
Set Deadlines/Hearings: Evidentiary Hearing set for 3/4/2014 01:30 PM in Room 420 before Judge Bruce S. Jenkins per Notice #7 . (jmr) |
Filing 11 NOTICE OF FILING of Affidavit of Jason Wright filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Photo, #2 Exhibit 2 - Contract)(Steward, Matthew) |
Filing 10 AFFIDAVIT of David Gibbens filed by Vivint. (Attachments: #1 Exhibit A - Map)(Steward, Matthew) |
Filing 9 NOTICE OF FILING of Fed. R. Civ. P. 65(b)(1)(B) Certification filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Affidavit of Non-Service (Austin Strong and Jeff Strong), #2 Exhibit 2 - Letter from Sonny Olsen, #3 Exhibit 3 - Subpoena (George Safonov))(Steward, Matthew) |
Filing 8 File Uploaded from Fourth District Court: (Attachments: #1 Complaint, #2 Summons, #3 NEF, #4 Motion for TRO, #5 NEF, #6 Memorandum in Support of Motion for TRO, #7 NEF, #8 Notice of Hearing, #9 NEF, #10 Amended Memorandum in Support of TRO, #11 Exhibit 1-4 to Amended MemSup to TRO, #12 NEF, #13 NEF, #14 Unserved Summons and Affidavit of Non-Service(Austin Strong), #15 Unserved Summons and Affidavit of Non-Service(Jeff Strong), #16 NEF, #17 NEF, #18 Notice of Removal to Federal Court) (jmr) |
Filing 7 NOTICE of Evidentiary Hearing by Vivint re #3 MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction and Motion for Expedited Preliminary Discovery (Steward, Matthew) |
Filing 6 NOTICE OF HEARING ON MOTION AND EVIDENTIARY HEARING re: #3 MOTION for Temporary Restraining Order and Preliminary Injunction and Motion for Expedited Preliminary Discovery : Motion and Evidentiary Hearing set for 3/4/2014 01:30 PM in Room 420 before Judge Bruce S. Jenkins. (kms) |
Filing 5 NOTICE OF ADR, e-mailed or mailed to Defendant George Safonov, Plaintiff Vivint. (blh) |
Filing 4 Case Assigned to Judge Bruce S. Jenkins. Magistrate Judge Brooke C. Wells no longer assigned to the case. (tls) |
Filing 3 MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction and Motion for Expedited Preliminary Discovery filed by Plaintiff Vivint. (Steward, Matthew) |
Filing 2 NOTICE OF REMOVAL from 4th District court Utah County, case number 140400248, (Filing fee $ 400, receipt number 1088-2004022), filed by George Safonov. (Attachments: #1 Exhibit A to N to Notice of Removal) (Hull, Jason) |
Filing 1 Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Defendant George Safonov is directed to E-File the Notice of Removal and cover sheet along with the State complaint and summons (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. (blh) |
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