Kronenberg et al v. Allstate Insurance Company et al
| Robert Kronenberg, Jonathan Boriotti and Kevin Lukasik |
| Allstate Insurance Company and Allstate Fire and Casualty Insurance |
| CCC Intelligent Solutions and InMoment |
| 1:2022mc00148 |
| January 13, 2022 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nicholas G Garaufis |
| Taryn A Merkl |
| Other Statutory Actions |
| Motion to Quash |
| None |
Docket Report
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This docket was last retrieved on March 2, 2022. A more recent docket listing may be available from PACER.
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Filing 46
NOTICE of Appearance by George C. Chipev on behalf of CCC Intelligent Solutions, InMoment (notification declined or already on case) (Chipev, George)
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Filing 45
NOTICE of Appearance by Jason R. Burt on behalf of CCC Intelligent Solutions, InMoment (notification declined or already on case) (Burt, Jason)
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Filing 44
NOTICE of Appearance by Marguerite Sullivan on behalf of CCC Intelligent Solutions, InMoment (notification declined or already on case) (Sullivan, Marguerite)
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SCHEDULING ORDER: A telephonic Oral Argument will be held 3/14/2022 at 10:00 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Ordered by Magistrate Judge Taryn A. Merkl on 3/2/2022. (Chan, Kaity)
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ORDER: The Motion of Marguerite M. Sullivan for Leave to Appear Pro Hac Vice #41 is granted. The attorney shall register for ECF; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Taryn A. Merkl on 3/1/2022. (Devanathan, Deepa)
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ORDER: The Motion of Jason R. Burt to Appear Pro Hac Vice #42 is granted. The attorney shall register for ECF; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Taryn A. Merkl on 2/28/2022. (Devanathan, Deepa)
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ORDER: The Motion of George C. Chipev to Appear Pro Hac Vice #43 is granted. The attorney shall register for ECF; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Taryn A. Merkl on 2/28/2022. (Devanathan, Deepa)
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Taryn A. Merkl for all further proceedings. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Margo K. Brodie on 2/17/2022. (Bowens, Priscilla)
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Filing 43
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15223185. by CCC Intelligent Solutions, InMoment. (Attachments: #1 Declaration of George C. Chipev in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order) (Chipev, George)
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Filing 42
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15223168. by CCC Intelligent Solutions, InMoment. (Attachments: #1 Declaration of Jason R. Burt in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order) (Burt, Jason)
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Filing 41
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15223154. by CCC Intelligent Solutions, InMoment. (Attachments: #1 Declaration of Marguerite M. Sullivan in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order) (Sullivan, Marguerite)
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Filing 40
Case transferred in from District of Utah; Case Number 2:21-mc-00587. Original file certified copy of transfer order and docket sheet received.
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Filing 39
MEMORANDUM DECISION AND ORDER-IT IS ORDERED that the Clerk of Court will transfer this matter to the United States District Court for the Eastern District of New York. IT IS FURTHER ORDERED that counsel for Plaintiffs must file a copy of this Order in the Underlying Action within 5 calendar days. Signed by Magistrate Judge Dustin B. Pead on 1/13/2022. (reb) [Transferred from Utah on 1/13/2022.]
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The case of Kronenberg et al v. Allstate Insurance Company et al, has been transferred from District Court of Utah to the Eastern District of New York. The new case number is 22mc148. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla)
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Filing 38
ORDER granting #36 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Dustin B. Pead on 1/12/2022. (reb) [Transferred from Utah on 1/13/2022.]
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Filing 37
**SEALED DOCUMENT** re #35 Reply Brief, filed by Movant CCC Intelligent SolutionsNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Certificate of Service)(Burt, Jason) [Transferred from Utah on 1/13/2022.]
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Filing 36
MOTION for Leave to File Sealed Document re #35 Reply Brief, filed by Movant CCC Intelligent Solutions. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Burt, Jason) [Transferred from Utah on 1/13/2022.]
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Filing 35
REPLY BRIEF re #22 MOTION to Quash Subpoena Duces Tecum REDACTED filed by Movant CCC Intelligent Solutions. (Attachments: #1 Exhibit Index of Non-Party CCC Intelligent Solution Inc.'s Reply in Support of Inmoment's Motion to Quash Subpoena Duces Tecum, #2 Exhibit A, #3 Exhibit B (Filed Under Seal), #4 Exhibit C)(Burt, Jason) [Transferred from Utah on 1/13/2022.]
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Filing 34
Mail Returned as Undeliverable Mail sent to Timothy Brennan. (reb) [Transferred from Utah on 1/13/2022.]
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Filing 33
ORDER granting #32 Motion for Extension of Time to File Response/Reply re #30 MOTION to Quash. Non-Party CCC Intelligent Solutions Inc. is granted an extension until January 11, 2022, to file its Reply. Signed by Magistrate Judge Dustin B. Pead on 12/23/2021. (jl) [Transferred from Utah on 1/13/2022.]
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Filing 32
MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Quash Subpoena Duces Tecum and Memorandum in Support - Non-Party CCC Intelligent Solutions Inc.'s Motion to Join Motion to Quash Subpoena Duces Tecum [UNOPPOSED] filed by Movant CCC Intelligent Solutions. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Burt, Jason) [Transferred from Utah on 1/13/2022.]
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Filing 31
MEMORANDUM in Opposition re #30 MOTION to Quash Subpoena Duces Tecum and Memorandum in Support - Non-Party CCC Intelligent Solutions Inc.'s Motion to Join Motion to Quash Subpoena Duces Tecum filed by Plaintiffs Jonathan Boriotti, Robert Kronenberg, Kevin Lukasik. (Attachments: #1 Exhibit Declaration of John M. DeStefano, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Destefano, John) [Transferred from Utah on 1/13/2022.]
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Filing 30
MOTION to Quash Subpoena Duces Tecum and Memorandum in Support - Non-Party CCC Intelligent Solutions Inc.'s Motion to Join Motion to Quash Subpoena Duces Tecum filed by Movant CCC Intelligent Solutions. (Attachments: #1 Exhibit Index, #2 Exhibit A - Subpoenas, #3 Exhibit B - Declaration of Robert C. Levels, #4 Exhibit C - 2011 Agreement, #5 Exhibit D - 2016 Agreement, #6 Exhibit E - Olberg Plaintiffs' First Set of Discovery Requests to CCC, #7 Exhibit F - Responses to Olberg Plaintiffs' First Set of Discovery Requests to CCC, #8 Exhibit G - May 5, 2021 Email from J. DeStefano, #9 Exhibit H - May 26, 2021 Letter from S. Pacini, #10 Exhibit I - June 1, 2021 Email from J. DeStefano, #11 Exhibit J - July 16, 2021 Letter from S. Pacini) Motions referred to Dustin B. Pead. Attorney Jason R. Burt added to party CCC Intelligent Solutions(pty:mov)(Burt, Jason) [Transferred from Utah on 1/13/2022.]
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Filing 29
REPLY to Response to Motion re #22 MOTION to Quash Subpoena Duces Tecum - Non-Party InMoment, Inc.'s Reply in Support of Motion to Quash Subpoena Duces Tecum filed by Petitioner InMoment. (Burt, Jason) [Transferred from Utah on 1/13/2022.]
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Filing 28
ERRATA to #26 Sealed Document, #24 Memorandum in Opposition to Motion, filed by Plaintiffs Jonathan Boriotti, Robert Kronenberg, Kevin Lukasik . (Destefano, John) [Transferred from Utah on 1/13/2022.]
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Filing 27
ORDER granting #25 Motion for Leave to File Sealed Document. In addition to the sealed Document (ECF No. 26), pursuant to DUCivR 5-3(b)(1), a publicly filed redacted version of the Document shall also be placed on the court docket. Signed by Magistrate Judge Dustin B. Pead on 11/23/2021. (reb) [Transferred from Utah on 1/13/2022.]
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Filing 26
**SEALED DOCUMENT** re #24 Memorandum in Opposition to Motion, #25 MOTION for Leave to File Sealed Document re #24 Memorandum in Opposition to Motion, filed by Plaintiffs Jonathan Boriotti, Robert Kronenberg, Kevin LukasikNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Declaration of John M. DeStefano, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Destefano, John) [Transferred from Utah on 1/13/2022.]
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Filing 25
MOTION for Leave to File Sealed Document re #24 Memorandum in Opposition to Motion, filed by Plaintiffs Jonathan Boriotti, Robert Kronenberg, Kevin Lukasik. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Destefano, John) [Transferred from Utah on 1/13/2022.]
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Filing 24
Redacted MEMORANDUM in Opposition re #22 MOTION to Quash Subpoena Duces Tecum filed by Plaintiffs Jonathan Boriotti, Robert Kronenberg, Kevin Lukasik. (Attachments: #1 Exhibit Declaration of John M. Destefano, #2 Exhibit 1, #3 Exhibit 5)(Destefano, John) [Transferred from Utah on 1/13/2022.]
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Filing 23
ORDER granting #15 Motion to Transfer Related Case - the related case of Fortson v. Garrison Property and Casualty Insurance Company, Case No. 2:21-mc-00588-HCN-JCB, shall be transferred from Magistrate Judge Bennett to Magistrate Judge Pead for all further proceedings. Signed by Magistrate Judge Dustin B. Pead on 11/09/2021. (jl) [Transferred from Utah on 1/13/2022.]
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Filing 22
MOTION to Quash Subpoena Duces Tecum filed by Petitioner InMoment. (Attachments: #1 Index of Exhibits, #2 Exhibit A - InMoment Subpoena, #3 Exhibit B - 2011 MaritzCX Agreement, #4 Exhibit C - Declaration of Robert C. Levels, #5 Exhibit D - 2016 MaritzCX Agreement, #6 Exhibit E - Declaration of Gary Challburg, #7 Exhibit F - InMoment Objections and Responses to Subpoena) Motions referred to Dustin B. Pead.(Burt, Jason) [Transferred from Utah on 1/13/2022.]
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Filing 21
DOCKET TEXT ORDER. In order to understand the full factual and procedural background surrounding this dispute, the Court orders extended briefing on Non-Party InMoment Inc's Motion To Quash Subpoena Duces Tecum #2 . See, DUCivR 37-1(a)(8). Consistent therewith, InMoment Inc. shall file its full-length Motion to Quash no later than November 8, 2021, after which standard briefing and response times shall apply. See generally, DUCivR 7-1. Signed by Magistrate Judge Dustin B. Pead on 10/25/2021. [Transferred from Utah on 1/13/2022.]
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Filing 20
**SEALED DOCUMENT** re #17 MOTION for Leave to File Sealed Document re #16 Memorandum in Opposition to Motion, , #16 Memorandum in Opposition to Motion, filed by Plaintiffs Jonathan Boriotti, Robert Kronenberg, Kevin LukasikNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Declaration of Lance Kaufman)(Destefano, John) [Transferred from Utah on 1/13/2022.]
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Filing 19
ERRATA to #16 Memorandum in Opposition to Motion, filed by Plaintiffs Jonathan Boriotti, Robert Kronenberg, Kevin Lukasik . (Attachments: #1 Exhibit 1)(Destefano, John) [Transferred from Utah on 1/13/2022.]
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Filing 18
ORDER granting #17 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Dustin B. Pead on 10/21/2021. (reb) [Transferred from Utah on 1/13/2022.]
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Filing 17
MOTION for Leave to File Sealed Document re #16 Memorandum in Opposition to Motion, filed by Plaintiffs Jonathan Boriotti, Robert Kronenberg, Kevin Lukasik. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Destefano, John) [Transferred from Utah on 1/13/2022.]
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Filing 16
Redacted MEMORANDUM in Opposition re #2 MOTION to Quash Subpoena Duces Tecum (Short Form Discovery Motion) filed by Plaintiffs Jonathan Boriotti, Robert Kronenberg, Kevin Lukasik. (Attachments: #1 Exhibit Declaration of John DeStefano, #2 Exhibit [REDACTED] Declaration of Lance Kaufman)(Destefano, John) [Transferred from Utah on 1/13/2022.]
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Filing 15
MOTION to Transfer Related Case filed by Petitioner InMoment. (Attachments: #1 Exhibit A - Notice of Motion to Transfer, #2 Text of Proposed Order Granting Non-Party InMoment, Inc.'s Motion to Transfer Related Case) Motions referred to Dustin B. Pead.(Lewis, Matthew) [Transferred from Utah on 1/13/2022.]
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Filing 14
ORDER granting #13 Motion for Extension of Time to File Response to Motion to Quash. Signed by Magistrate Judge Dustin B. Pead on 10/18/2021. (reb) [Transferred from Utah on 1/13/2022.]
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Filing 13
Stipulated MOTION for Extension of Time to File Response to Motion to Quash Subpoena filed by Plaintiffs Jonathan Boriotti, Robert Kronenberg, Kevin Lukasik. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Destefano, John) [Transferred from Utah on 1/13/2022.]
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Filing 12
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney John M. Destefano for Jonathan Boriotti,John M. Destefano for Robert Kronenberg,John M. Destefano for Kevin Lukasik.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Ted Stewart on 10/15/2021. (reb) [Transferred from Utah on 1/13/2022.]
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Filing 11
Plaintiff's MOTION for Admission Pro Hac Vice of John DeStefano III , Registration fee $ 250, receipt number AUTDC-4139877,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Robert Kronenberg. (Attachments: #1 Exhibit Pro Hac Application)(North, Kara) [Transferred from Utah on 1/13/2022.]
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Filing 10
NOTICE of Appearance by Kara H. North on behalf of Kevin Lukasik (North, Kara) [Transferred from Utah on 1/13/2022.]
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Filing 9
NOTICE of Appearance by Kara H. North on behalf of Jonathan Boriotti (North, Kara) [Transferred from Utah on 1/13/2022.]
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Filing 8
NOTICE of Appearance by Kara H. North on behalf of Robert Kronenberg (North, Kara) [Transferred from Utah on 1/13/2022.]
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Dustin B. Pead. Signed by Judge Ted Stewart on 10/12/2021. (tlc) [Transferred from Utah on 1/13/2022.]
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Filing 6
ORDER granting #4 Motion for Admission Pro Hac Vice of Attorney George C. Chipev for InMoment.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Ted Stewart on 10/08/2021. (jl) [Transferred from Utah on 1/13/2022.]
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Filing 5
ORDER granting #3 Motion for Admission Pro Hac Vice of Attorney Marguerite M. Sullivan for InMoment.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Ted Stewart on 10/08/2021. (jl) [Transferred from Utah on 1/13/2022.]
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Filing 4
MOTION for Admission Pro Hac Vice of George C. Chipev , Registration fee $ 250, receipt number AUTDC-4134191,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Petitioner InMoment. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Text of Proposed Order Granting Pro Hac Vice Admission of George C. Chipev)(Lewis, Matthew) [Transferred from Utah on 1/13/2022.]
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Filing 3
MOTION for Admission Pro Hac Vice of Marguerite M. Sullivan , Registration fee $ 250, receipt number AUTDC-4134188,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Petitioner InMoment. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Text of Proposed Order Granting Pro Hac Vice Admission of Marguerite M. Sullivan)(Lewis, Matthew) [Transferred from Utah on 1/13/2022.]
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Filing 2
MOTION to Quash Subpoena Duces Tecum (Short Form Discovery Motion) filed by Petitioner InMoment. (Attachments: #1 Exhibit A - Subpoena Duces Tecum, #2 Declaration of Robert C. Levels in Support of Non-Party InMoment, Inc.'s Short Form Discovery Motion to Quash Subpoena Duces Tecum, #3 Civil Cover Sheet)(Lewis, Matthew) [Transferred from Utah on 1/13/2022.]
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Filing 1
Case has been indexed and assigned to Judge Ted Stewart. Petitioner InMoment is directed to E-File the Miscellaneous Case Filing Fee (found under Other Documents) and pay the filing fee of $ 49 by the end of the business day. Once the filing fee event is completed the initiating document (Motion to Quash and cover sheet ) may be E-filed.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (mh) [Transferred from Utah on 1/13/2022.]
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Miscellaneous Case Filing Fee for Short Form Discovery Motion to Quash Subpoena Duces Tecum received from Petitioner InMoment. (Filing fee $ 49, receipt number AUTDC-4134114). (Lewis, Matthew) [Transferred from Utah on 1/13/2022.]
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