Jensen et al v. Evolv Health et al
Plaintiff: Glen Jensen and Jeffrey Aldous
Defendant: Evolv Health and Brent Hicks
Case Number: 2:2014cv00891
Filed: December 5, 2014
Court: US District Court for the District of Utah
Office: Central Office
County: Utah
Presiding Judge: Evelyn J. Furse
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
September 1, 2015 Opinion or Order Filing 30 MEMORANDUM DECISION AND ORDER: The court held a hearing on Defendants motion on August 13, 2015. At the hearing, Matthew G. Grimmer and Jacob R. Davis represented Plaintiffs, and Joshua J. Bennett and Benjamin P. Harmon represented Defendants. Having considered the parties briefs, and the argument at the hearing, the court renders the following Memorandum Decision and Order: Plaintiffs failed to plead sufficient facts to state either a tortious interference claim or an abuse of process claim. Plaintiffs litigation-based tortious interference claim fails because it is premature. Plaintiffs own complaint shows that the prior litigation that forms the basis for their claim has not yet concluded, much less concluded in th eir favor. Plaintiffs are therefore incapable of satisfying the improper means Requirement. And mere allegations that Defendants obtained further negotiating leverage through initiation and service of process cannot give rise to an abuse of process claim. Accordingly, for the reasons stated above, Defendants Motion to Dismiss is GRANTED, without prejudice. Signed by Judge Dee Benson on 9/1/15. (jlw)
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Search for this case: Jensen et al v. Evolv Health et al
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Plaintiff: Glen Jensen
Represented By: Jacob R. Davis
Represented By: Matthew G. Grimmer
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Plaintiff: Jeffrey Aldous
Represented By: Jacob R. Davis
Represented By: Matthew G. Grimmer
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Defendant: Evolv Health
Represented By: Benjamin Peter Harmon
Represented By: Michael D. Stanger
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Defendant: Brent Hicks
Represented By: Benjamin Peter Harmon
Represented By: Michael D. Stanger
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