Rodriguez-Cayro v. Rodriguez-Cayro
Plaintiff: Kyli Rodriguez-Cayro
3Rd Party Plaintiff: Narciso Alejandro Rodriquez-Cayro
3Rd Party Defendant: Marnie Lynn Antonik
Case Number: 1:2019cv01960
Filed: November 14, 2019
Court: US District Court for the Middle District of Pennsylvania
Presiding Judge: Christopher C Conner
Referring Judge: Yvette Kane
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on January 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 8, 2020 Filing 113 SPECIAL ADMISSIONS FORM APPROVED as to Victor A. Sipos, Esquire.Signed by Chief Judge Christopher C. Conner on 1/8/20. (ki)
January 8, 2020 Filing 112 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Melissa F Hague on behalf of All Plaintiffs Attorney Victor Sipos is seeking special admission. Filing fee $ 50, receipt number 0314-4972396.. (Hague, Melissa)
January 8, 2020 DOCKET ANNOTATION: Petitioner, Victor Sipos, and Associate Counsel bar status verified. (pjr)
January 7, 2020 Opinion or Order Filing 111 ORDER re: motion #84 to modify portion of order narrowing scope of subpoenas - Parties to meet & confer re: motion #84 to determine if disc dispute can be resolved w/out ct involvement w/ pltf to formally w/draw motion by filing notice of w/drawal if such resolution can be reached; If partie unable to reach resolution, pltf to file br in supp & detailed proposed order by 5:00 pm on 1/17/20 & deft to file br in opp by 5:00 pm Weds 1/29/20. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/7/20. (ki)
January 6, 2020 Filing 110 NOTICE of Appearance by Melissa F Hague on behalf of Kyli Rodriguez-Cayro (Attachments: #1 Certificate of Concurrence)(Hague, Melissa)
November 26, 2019 Opinion or Order Filing 109 SCHEDULING ORDER setting pretrial & trial schedule, inc. - Final Pretrial Conference set for 3/19/2020 @ 01:30 PM in Harrisburg Jury Room #2; Jury Selection & Trial set for 3/30/2020 @ 09:30 AM in Harrisburg - Courtroom 2; Pretrial Memos due by noon on 3/11/2020. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 11/25/19. (ki)
November 20, 2019 Opinion or Order Filing 107 ORDER directing Clrk of Ct to protectively seal multiple docs.... (see para 1 for specifics) which contain prive info.... & admonishing parties that all future filings shall conform to req'mts of FRCP 5.2 & Local Rule of Coutr 5.2(d)&(e) w/ re: private info. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/20/19. (ki)
November 15, 2019 Opinion or Order Filing 106 SCHEDULING ORDER - AND NOW, this 15th day of November, 2019, it is hereby ORDERED that the status/scheduling conference set for November 19, 2019 before Judge Nielson, Jr., is CANCELLED. A status conference will be conducted by Chief Judge Conner by telephone on Wednesday, November 20. 2019, at 10:00 a.m. Counsel for plaintiff shall initiate the conference call (the Courts telephone number is 717/221-3945).Signed by Chief Judge Christopher C. Conner on 11/15/19. (dmn)
November 15, 2019 DOCKET ANNOTATION: Doc. 106 filed 11/14/19 deleted; duplicate of Doc. 84 filed 5/24/19. (gls)
November 14, 2019 DOCKET ANNOTATION: This case has been reassigned to Chief Judge Conner. (rw)
November 14, 2019 Filing 105 Case transferred electronically in from District of Utah; Case Number 2:17-cv-01197 containing electronic documents.
November 13, 2019 Opinion or Order Filing 104 DOCKET TEXT ORDER. Like other district courts in the Tenth Circuit, this court holds that motions to transfer venue are not dispositive motions within the meaning of 28 U.S.C. 636(b)(1)(A) and Federal Rule of Civil Procedure 72(a). See, e.g., Vista Partners, Inc. v. BrainScope Co., 2019 WL 3543625 (D. Colo. Aug. 5, 2019); Berentsen v. Titan Tech. Partners, Ltd., 2009 WL 122564 (D. Colo. Jan. 15, 2009); Sebo v. E. Livestock Co., 1996 WL 447804 (D. Kan. Apr. 17, 1996). Based on its review of Magistrate Judge Warner's opinion and the parties' filings, the court finds that Plaintiff has failed to establish that Judge Warner's decision was clearly erroneous. To be sure, the parties agree that Magistrate Judge Warner misstated Defendant's State of residence, but that error is harmless given that Judge Warner placed negligible, if any, weight on that fact in his analysis. Accordingly, the objections to Judge Warner's order are overruled, see DUCivR 72-3, the hearing set for November 19, 2019 is vacated, and this case will be transferred to the Middle District of Pennsylvania. Signed by Judge Howard C. Nielson, Jr., on November 13, 2019. (mtw) [Transferred from Utah on 11/14/2019.]
November 4, 2019 Opinion or Order Filing 103 ORDER granting #100 Motion for Leave to File overlength Response to Plaintiff's Objection. Signed by Magistrate Judge Paul M. Warner on 11/4/2019. (las) [Transferred from Utah on 11/14/2019.]
October 31, 2019 Filing 102 Defendant's RESPONSE re #98 Objection to Magistrate Judge Decision to District Court, filed by Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Exhibit Exhibit 11, #2 Exhibit Exhibit 12, #3 Exhibit Exhibit 13)(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
October 31, 2019 Filing 101 REQUEST to Submit for Decision re #100 Ex Parte (Not Sealed) MOTION for Leave to File an Overlength Response to Plaintiffs Rule 72(a) Objection to Memorandum Decision and Order Granting Motion to Transfer Venue filed by Counter Claimant Narciso Alejandro Rodriquez-Cayro, Defendant Narciso Alejandro Rodriquez-Cayro. (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
October 31, 2019 Filing 100 Ex Parte (Not Sealed) MOTION for Leave to File an Overlength Response to Plaintiffs Rule 72(a) Objection to Memorandum Decision and Order Granting Motion to Transfer Venue filed by Counter Claimant Narciso Alejandro Rodriquez-Cayro, Defendant Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Text of Proposed Order Order Granting Defendant's Ex Parte Motion for Leave to File an Overlength Response to Plaintiff's Rule 72(a) Objection to Memorandum Decision and Order Granting Motion to Transfer Venue) Motions referred to Paul M. Warner.(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
October 21, 2019 Filing 99 NOTICE OF HEARING: (Notice generated by HCN chambers) Objection to Magistrate Judge Decision Hearing set for 11/19/2019 at 02:00 PM in Rm 7.300 before Judge Howard C. Nielson, Jr.If all parties are not available at this time, please notify chambers at michelle_peart@utd.uscourts.gov (mlp) [Transferred from Utah on 11/14/2019.]
October 17, 2019 Filing 98 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Kyli Rodriguez-Cayro re #97 Order on Motion to Change Venue,, Memorandum Decision,,, (Attachments: #1 Exhibit Exhibits A-H)(Sipos, Victor) [Transferred from Utah on 11/14/2019.]
October 4, 2019 Opinion or Order Filing 97 MEMORANDUM DECISION AND ORDER granting #81 Motion to Change Venue. The Clerk of Court shall transfer this case to the Middle District of Pennsylvania for further proceedings in that forum if Plaintiff fails to file an objection pursuant to Fed. R. Civ. P. 72(a) within fourteen (14) days of being served with a copy of this Order or unless otherwise directed by the district judge. Signed by Magistrate Judge Paul M. Warner on 10/03/2019. (nl) [Transferred from Utah on 11/14/2019.]
August 12, 2019 Opinion or Order Filing 96 FIFTH AMENDED SCHEDULING ORDER: Expert Discovery due by 11/8/2019. Motions due by 11/15/2019. Status/Scheduling Conference set for 11/19/2019 at 02:00 PM in Rm 8.400 before Judge Howard C. Nielson, Jr.. Signed by Magistrate Judge Paul M. Warner on 8/12/2019. (las) [Transferred from Utah on 11/14/2019.]
August 12, 2019 Filing 95 Stipulated MOTION for Amended Scheduling Order and Memorandum in Support filed by Plaintiff Kyli Rodriguez-Cayro. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Sipos, Victor) [Transferred from Utah on 11/14/2019.]
July 8, 2019 Opinion or Order Filing 94 FOURTH AMENDED SCHEDULING ORDER: Expert Discovery due by 10/30/2019. Motions due by 11/15/2019. Status/Scheduling Conference set for 11/19/2019 at 02:00 PM in Rm 8.400 before Judge Howard C. Nielson Jr.. Signed by Magistrate Judge Paul M. Warner on 7/8/2019. (las) [Transferred from Utah on 11/14/2019.]
July 3, 2019 Filing 93 Case Reassigned per #89 Notice from the Court Concerning Waiver of Judicial Disqualification - Case reassigned to Magistrate Judge Paul M. Warner. Magistrate Judge Cecilia M. Romero no longer assigned to the case. Motions referred to Paul M. Warner.(jwt) [Transferred from Utah on 11/14/2019.]
July 1, 2019 Filing 92 REQUEST to Submit for Decision re #91 Reply Memorandum/Reply to Response to Motion, for Transfer of Venue filed by Counter Claimant Narciso Alejandro Rodriquez-Cayro, Defendant Narciso Alejandro Rodriquez-Cayro. (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
July 1, 2019 Filing 91 Defendant's REPLY to Response to Motion re #81 Defendant's MOTION to Change Venue filed by Counter Claimant Narciso Alejandro Rodriquez-Cayro, Defendant Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Exhibit Exhibit 7, #2 Exhibit Exhibit 8, #3 Exhibit Exhibit 9, #4 Exhibit Exhibit 10)(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
June 28, 2019 Filing 90 Stipulated MOTION for Amended Scheduling Order and Memorandum in Support filed by Plaintiff Kyli Rodriguez-Cayro. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Sipos, Victor) [Transferred from Utah on 11/14/2019.]
June 17, 2019 Filing 89 NOTICE FROM THE COURT Concerning Waiver of Judicial Disqualification. Form due by 7/1/2019. (Attachments: #1 Consent to Proceed or Request for Reassignment by the Clerk of Court) (jwt) [Transferred from Utah on 11/14/2019.]
June 14, 2019 Filing 88 MEMORANDUM in Opposition re #81 Defendant's MOTION to Change Venue filed by Plaintiff Kyli Rodriguez-Cayro. (Attachments: #1 Exhibit A - Emails, #2 Exhibit B - Priedeman Subpoena)(Sipos, Victor) [Transferred from Utah on 11/14/2019.]
June 7, 2019 Filing 85 Defendant's MEMORANDUM in Opposition re #84 MOTION for Short Form Discovery re: Subpoena to AOL filed by Defendant Narciso Alejandro Rodriquez-Cayro. (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
May 24, 2019 Filing 84 MOTION for Short Form Discovery re: Subpoena to AOL filed by Plaintiff Kyli Rodriguez-Cayro. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sipos, Victor) [Transferred from Utah on 11/14/2019.]
May 20, 2019 Opinion or Order Filing 83 MEMORANDUM DECISION AND ORDER GRANTING IN PART DEFENDANT'S MOTION RE: NARROWING THE SCOPE OF THE SUBPOENAS -granting in part and denying in part #67 Motion for Short Term Discovery. IT IS FURTHER ORDERED that the parties are to meet and confer and submit to the court a proposed protective order governing discovery in this case. Signed by Magistrate Judge Brooke C. Wells on 5/20/19. (jmr) [Transferred from Utah on 11/14/2019.]
May 16, 2019 Filing 82 Minute Order. Proceedings held before Magistrate Judge Brooke C. Wells: Motion Hearing held on 5/16/2019 re #67 Defendant's MOTION for Short Form Discovery re: Narrowing the Scope of Subpoenas filed by Narciso Alejandro Rodriquez-Cayro. Court heard from all parties and took the motion under advisement. Attorney for Plaintiff: Victor A. Sipos, Attorney for Defendant Anne Taylor Freeland. Court Reporter: electronic.(Time Start: 10:00, Time End: 11:15, Room 7.4.) (mlp) [Transferred from Utah on 11/14/2019.]
May 15, 2019 Filing 81 Defendant's MOTION to Change Venue filed by Defendant Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Exhibit 1 - Deposition of Kyli Rodriguez-Cayro, #2 Exhibit 2 - Plaintiff's Initial Disclosures, #3 Exhibit 3 - Defendant's Amended and Second Supplemental Initial Disclosures, #4 Exhibit 4 - Declarations, #5 Exhibit 5 - Letter from Upper Allen Township PD, #6 Exhibit 6 - Utah and Pennsylvania U.S. District Court Judicial Caseload Profile) Motions referred to Brooke C. Wells.(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
May 14, 2019 Opinion or Order Filing 80 DOCKET TEXT ORDER granting #78 Motion for Leave to File. The defendant may file a motion that doers not exceed 13 pages. Signed by Judge Jill N. Parrish on 5/14/19. No attached document. (ksb) [Transferred from Utah on 11/14/2019.]
May 14, 2019 Filing 79 REQUEST to Submit for Decision re #78 Ex Parte (Not Sealed) MOTION for Leave to File An Overlength Motion for Transfer of Venue filed by Counter Claimant Narciso Alejandro Rodriquez-Cayro, Defendant Narciso Alejandro Rodriquez-Cayro. (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
May 14, 2019 Filing 78 Ex Parte (Not Sealed) MOTION for Leave to File An Overlength Motion for Transfer of Venue filed by Counter Claimant Narciso Alejandro Rodriquez-Cayro, Defendant Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Text of Proposed Order Granting Defendant's Ex Parte Motion for Leave to File an Overlength Motion for Transfer of Venue) Motions referred to Brooke C. Wells.(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
May 8, 2019 Filing 77 RESPONSE to Motion re #67 Defendant's MOTION for Short Form Discovery re: Narrowing the Scope of Subpoenas filed by Plaintiff Kyli Rodriguez-Cayro. (Attachments: #1 Exhibit D)(Sipos, Victor) [Transferred from Utah on 11/14/2019.]
May 6, 2019 Filing 76 NOTICE VACATING STATUS CONFERENCE /SCHEDULING CONFERENCE set for 9/24/19 at 2:00 pm before Judge Jill N. Parrish (Notice generated by ss)Status Conference has been set for 11/19/19 at 2:00pm (ss) [Transferred from Utah on 11/14/2019.]
May 1, 2019 Opinion or Order Filing 75 ORDER granting #73 Third Motion for Amended Scheduling Order: Discovery due by 9/30/2019. Motions due by 11/13/2019. Scheduling Conference if no dispositive motions are filed is set for 11/19/2019 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Brooke C. Wells on 5/1/2019. (jds) [Transferred from Utah on 11/14/2019.]
May 1, 2019 Filing 74 NOTICE OF HEARING ON MOTION re: #67 Defendant's MOTION for Short Form Discovery re: Narrowing the Scope of Subpoenas : (Notice generated by chambers) Motion Hearing set for 5/16/2019 at 10:00 AM in Rm 7.400 before Magistrate Judge Brooke C. Wells. (mjw) [Transferred from Utah on 11/14/2019.]
April 30, 2019 Filing 73 Stipulated MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by Plaintiff Kyli Rodriguez-Cayro. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sipos, Victor) Modified docket event on 5/1/2019 (jds). [Transferred from Utah on 11/14/2019.]
April 24, 2019 Filing 72 RESPONSE to Motion re #67 Defendant's MOTION for Short Form Discovery re: Narrowing the Scope of Subpoenas , #68 Plaintiff's MOTION to Expedite Defendant's Discovery Motion (ECF Doc. 67) and Memorandum in Support Plaintiff's MOTION for Short Form Discovery re: Three subpoenas (AOL, CCCYS, S&L) filed by Plaintiff Kyli Rodriguez-Cayro. (Attachments: #1 Text of Proposed Order)(Sipos, Victor) [Transferred from Utah on 11/14/2019.]
April 24, 2019 Filing 71 NOTICE OF ERROR re #68 Plaintiff's MOTION to Expedite Defendant's Discovery Motion (ECF Doc. 67) and Memorandum in Support . The document is titled Plaintiff's Response to Defendant's Discovery Motion but was filed as a Motion. The clerk requests the filer of the original document to refile the pleading using the docket event Response to Motion. The new pleading will receive a new document number on the docket. (jds) [Transferred from Utah on 11/14/2019.]
April 24, 2019 Filing 70 NOTICE VACATING STATUS CONFERENCE set for 5/2/19 at 2:00pm before Judge Jill N. Parrish (Notice generated by ss)Status/Scheduling Conference set for 9/24/19 at 2:00pm. (ss) [Transferred from Utah on 11/14/2019.]
April 23, 2019 Filing 69 REQUEST to Submit for Decision re #67 Defendant's MOTION for Short Form Discovery re: Narrowing the Scope of Subpoenas , #68 Plaintiff's MOTION to Expedite Defendant's Discovery Motion (ECF Doc. 67) and Memorandum in Support Plaintiff's MOTION for Short Form Discovery re: Three subpoenas (AOL, CCCYS, S&L) filed by Plaintiff Kyli Rodriguez-Cayro. (Sipos, Victor) [Transferred from Utah on 11/14/2019.]
April 23, 2019 Filing 68 Plaintiff's MOTION to Expedite Defendant's Discovery Motion (ECF Doc. 67) and Memorandum in Support , Plaintiff's MOTION for Short Form Discovery re: Three subpoenas (AOL, CCCYS, S&L) filed by Plaintiff Kyli Rodriguez-Cayro. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sipos, Victor) [Transferred from Utah on 11/14/2019.]
April 19, 2019 Filing 67 Defendant's MOTION for Short Form Discovery re: Narrowing the Scope of Subpoenas filed by Counter Claimant Narciso Alejandro Rodriquez-Cayro, Defendant Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) Motions referred to Brooke C. Wells.(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
April 12, 2019 Opinion or Order Filing 66 ORDER granting #65 Stipulated Motion to Produce Psychotherapy Notes. Signed by Magistrate Judge Brooke C. Wells on 4/12/2019. (jds) [Transferred from Utah on 11/14/2019.]
April 11, 2019 Filing 65 Stipulated MOTION to Produce Psychotherapy Notes filed by Defendant Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Produce Psychotherapy Notes) Motions referred to Brooke C. Wells.(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
February 19, 2019 Filing 64 NOTICE OF HEARING: (Notice generated by ss) Status Report and Scheduling Conference set for 9/24/2019 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. This hearing will be vacated if dispositive motions are filed. (ss) [Transferred from Utah on 11/14/2019.]
February 1, 2019 Opinion or Order Filing 63 ORDER granting #62 Motion for Second Amended Scheduling Order: Discovery due by 7/31/2019. Motions due by 9/13/2019. Signed by Magistrate Judge Brooke C. Wells on 2/1/2019. (jds) [Transferred from Utah on 11/14/2019.]
February 1, 2019 Filing 62 Stipulated MOTION for Amended Scheduling Order filed by Defendant Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Text of Proposed Order Second Amended Scheduling Order) Motions referred to Brooke C. Wells.(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
February 1, 2019 Filing 61 WITHDRAWAL OF MOTION by Plaintiff Kyli Rodriguez-Cayro re #60 MOTION to Expedite Motion for Order Related to Depositions Under DUCivR 37-1 and Memorandum in Support filed by Kyli Rodriguez-Cayro, #59 MOTION for Protective Order and Memorandum in Support filed by Kyli Rodriguez-Cayro . (Sipos, Victor) [Transferred from Utah on 11/14/2019.]
January 30, 2019 Filing 60 WITHDRAWN per docket entry #61 - MOTION to Expedite Motion for Order Related to Depositions Under DUCivR 37-1 and Memorandum in Support filed by Plaintiff Kyli Rodriguez-Cayro. Motions referred to Brooke C. Wells.(Sipos, Victor) Modified on 2/6/2019 (jds). [Transferred from Utah on 11/14/2019.]
January 17, 2019 Filing 59 WITHDRAWN per docket entry #61 - MOTION for Protective Order and Memorandum in Support filed by Plaintiff Kyli Rodriguez-Cayro. Motions referred to Brooke C. Wells.(Sipos, Victor) Modified on 2/6/2019 (jds). [Transferred from Utah on 11/14/2019.]
September 19, 2018 Opinion or Order Filing 58 MEMORANDUM DECISION AND ORDER Granting in Part and Denying in Part Counterclaim Defendant's Motion to Dismiss and Denying as Moot Third-Party Defendant's Motion to Dismiss: (1) The court GRANTS IN PART AND DENIES IN PART #32 Kyli's motion to dismiss. The court dismisses Narciso's counterclaim for abuse of process. The court further dismisses Narciso's counterclaim for wrongful use of civil proceedings to the extent that it is based upon this Utah litigation. The portion of the wrongful use of civil proceedings claim that is based upon the Pennsylvania proceeding remains in this lawsuit. (2) The court DENIES AS MOOT #40 Marnie's motion to dismiss the third-party claims against her. Signed by Judge Jill N. Parrish on 9/19/18. (dla) [Transferred from Utah on 11/14/2019.]
September 18, 2018 Opinion or Order Filing 57 ORDER granting #56 Stipulation and Motion for Dismissal of Third-party Defendant Marnie Lynn Antonik. Marnie Lynn Antonik terminated. Signed by Judge Jill N. Parrish on 9/18/18. (dla) [Transferred from Utah on 11/14/2019.]
September 17, 2018 Filing 56 Stipulated MOTION to Dismiss Party Marnie Lynn Antonik filed by ThirdParty Plaintiff Narciso Alejandro Rodriquez-Cayro, Counter Claimant Narciso Alejandro Rodriquez-Cayro, Defendant Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Text of Proposed Order Order of Dismissal of Third-Party Defendant Marnie Lynn Antonik)(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
September 7, 2018 Filing 55 Supplemental MEMORANDUM in Opposition re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Narciso Alejandro Rodriquez-Cayro. (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
September 7, 2018 Filing 54 Sur-reply REPLY to Response to Motion re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Kyli Rodriguez-Cayro. (Sipos, Victor) [Transferred from Utah on 11/14/2019.]
September 4, 2018 Filing 53 Remark: Having reviewed the defendant's response to the court's Order to Show Cause #34 , the court has determined that it has jurisdiction to preside over this case. (ksb) [Transferred from Utah on 11/14/2019.]
August 31, 2018 Opinion or Order Filing 52 ORDER granting #51 Motion to Amend Scheduling Order: Discovery due by 5/17/2019. Motions due by 7/26/2019. There is currently pending before the Court Third-Party Defendant Marnie Lynn Antoniks (Antonik) Motion to Dismiss which is scheduled for hearing on September 4, 2018 at 2 p.m. If Antonik remains a party to the action after resolution of the motion to dismiss, then it is recognized that the above dates will need to be further modified and extended. Signed by Magistrate Judge Brooke C. Wells on 8/31/2018. (jds) [Transferred from Utah on 11/14/2019.]
August 30, 2018 Filing 51 Stipulated MOTION for Scheduling Order (Amended) filed by Defendant Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Text of Proposed Order August Scheduling Order) Motions referred to Brooke C. Wells.(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
August 1, 2018 Filing 50 AMENDED NOTICE OF HEARING ON MOTION re: #32 Motion to Dismiss For Failure to State a Claim , #40 Motion to Dismiss Party Marnie Lynn Antonik Motion to Dismiss for Failure to State a Claim : (Notice generated by ss) Motion Hearing RESET for 9/4/2018 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. (ss) [Transferred from Utah on 11/14/2019.]
July 26, 2018 Filing 49 NOTICE OF HEARING ON MOTION re: #32 Motion to Dismiss for Failure to State a Claim #40 Motion to Dismiss Party Marnie Lynn Antonik Motion to Dismiss for Failure to State a Claim : (Notice generated by ss) Motion Hearing set for 8/17/2018 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. If counsel have conflict with date, please contact chambers. stephanie_schaerrer@utd.uscourts.gov (ss) [Transferred from Utah on 11/14/2019.]
June 7, 2018 Filing 48 NOTICE of Change of Address by Melinda A. Morgan (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
April 13, 2018 Opinion or Order Filing 47 PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS. Signed by Magistrate Judge Brooke C. Wells on 4/12/18. (jlw) [Transferred from Utah on 11/14/2019.]
April 3, 2018 Filing 46 REQUEST to Submit for Decision re #44 Stipulated MOTION for Protective Order and Memorandum in Support filed by Plaintiff Kyli Rodriguez-Cayro. (Sipos, Victor) [Transferred from Utah on 11/14/2019.]
April 3, 2018 Filing 45 REQUEST to Submit for Decision re #40 MOTION to Dismiss Party Marnie Lynn Antonik MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ThirdParty Defendant Marnie Lynn Antonik. (Wright, Andrew) [Transferred from Utah on 11/14/2019.]
April 2, 2018 Filing 44 Stipulated MOTION for Protective Order and Memorandum in Support filed by Plaintiff Kyli Rodriguez-Cayro. (Attachments: #1 Exhibit A - Draft Protective Order) Motions referred to Brooke C. Wells.(Sipos, Victor) [Transferred from Utah on 11/14/2019.]
March 30, 2018 Filing 43 AFFIDAVIT/DECLARATION of Marnie Antonik in Support re #40 MOTION to Dismiss Party Marnie Lynn Antonik MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ThirdParty Defendant Marnie Lynn Antonik. (Wright, Andrew) [Transferred from Utah on 11/14/2019.]
March 30, 2018 Filing 42 REPLY to Response to Motion re #40 MOTION to Dismiss Party Marnie Lynn Antonik MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ThirdParty Defendant Marnie Lynn Antonik. (Wright, Andrew) [Transferred from Utah on 11/14/2019.]
March 16, 2018 Filing 41 MEMORANDUM in Opposition re #40 MOTION to Dismiss Party Marnie Lynn Antonik MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ThirdParty Plaintiff Narciso Alejandro Rodriquez-Cayro. (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
February 16, 2018 Filing 40 MOTION to Dismiss Party Marnie Lynn Antonik , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ThirdParty Defendant Marnie Lynn Antonik. Attorney Andrew D. Wright added to party Marnie Lynn Antonik(pty:3pd)(Wright, Andrew) [Transferred from Utah on 11/14/2019.]
February 12, 2018 Filing 39 REQUEST to Submit for Decision re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , #37 Memorandum in Opposition to Motion, #38 Reply Memorandum/Reply to Response to Motion filed by Plaintiff Kyli Rodriguez-Cayro. (Sipos, Victor) [Transferred from Utah on 11/14/2019.]
February 12, 2018 Filing 38 REPLY to Response to Motion re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Kyli Rodriguez-Cayro. (Sipos, Victor) [Transferred from Utah on 11/14/2019.]
January 30, 2018 Filing 37 Defendant's MEMORANDUM in Opposition re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Narciso Alejandro Rodriquez-Cayro. (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
January 8, 2018 Opinion or Order Filing 36 SCHEDULING ORDER: Initial Pretrial Conference vacated. Amended Pleadings due by 6/18/2018. Joinder of Parties due by 6/18/2018. Discovery due by 3/29/2019. Motions due by 4/26/2019. Scheduling Conference set for 5/2/2019 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Evelyn J. Furse on 1/8/2018. (jds) [Transferred from Utah on 11/14/2019.]
January 5, 2018 Filing 35 NOTICE of Second Notice of Removal of Civil Action by Narciso Alejandro Rodriquez-Cayro (Attachments: #1 Exhibit A-email chain) (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
January 5, 2018 Filing 34 RESPONSE TO ORDER TO SHOW CAUSE re #20 Order to Show Cause,, filed by Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Exhibit A - email chain, #2 Exhibit B-Complaint, #3 Exhibit C-First Amended Complaint)(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
January 5, 2018 Filing 33 CERTIFICATE OF SERVICE by Narciso Alejandro Rodriquez-Cayro re #31 Amended Answer to Complaint,, Third Party Complaint,, Counterclaim, (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
January 2, 2018 Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Counter Defendant Kyli Rodriguez-Cayro. (Sipos, Victor) [Transferred from Utah on 11/14/2019.]
December 28, 2017 Modification of Docket: Error: Incorrect filing event used re #26 Counterclaim and #28 Counterclaim. Refiled as #31 Amended Answer to Complaint, amended Third Party Complaint, amended Counterclaim. The court has made all necessary corrections, no further action is needed from filer. (jds) [Transferred from Utah on 11/14/2019.]
December 22, 2017 Filing 31 AMENDED ANSWER to Complaint (Notice of Removal #2 ), Amended THIRD PARTY COMPLAINT against Marnie Lynn Antonik, Amended COUNTERCLAIM against Kyli Rodriguez-Cayro filed by Narciso Alejandro Rodriquez-Cayro. (jds) (Originally filed as docket entry #28 . The court refiled due to errors in filing) [Transferred from Utah on 11/14/2019.]
December 22, 2017 Filing 30 Defendant's MEMORANDUM in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Narciso Alejandro Rodriquez-Cayro. (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
December 22, 2017 Filing 29 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #21 filed by Plaintiff Kyli Rodriguez-Cayro (Sipos, Victor) [Transferred from Utah on 11/14/2019.]
December 22, 2017 Filing 28 Refiled as docket entry #31 - Amended COUNTERCLAIM , Amended Third-Party Complaint, and Jury Demand against Kyli Rodriguez-Cayro filed by Narciso Alejandro Rodriquez-Cayro. (Morgan, Melinda) Modified on 12/28/2017 (jds). [Transferred from Utah on 11/14/2019.]
December 22, 2017 Filing 27 ERRATA to #26 Counterclaim filed by Defendant Narciso Alejandro Rodriquez-Cayro . (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
December 22, 2017 Filing 26 Refiled as docket entry #31 - Amended COUNTERCLAIM , Amended Third-Party Complaint, and Jury Demand against Kyli Rodriguez-Cayro filed by Narciso Alejandro Rodriquez-Cayro. (Morgan, Melinda) Modified on 12/28/2017 (jds). [Transferred from Utah on 11/14/2019.]
December 22, 2017 Filing 25 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #21 filed by Defendant Narciso Alejandro Rodriquez-Cayro (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
December 21, 2017 Filing 24 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Narciso Alejandro Rodriquez-Cayro as to Marnie Lynn Antonik served on 12/9/2017, answer due 1/2/2018. (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
December 20, 2017 Opinion or Order Filing 23 ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 12/20/17. (ss) [Transferred from Utah on 11/14/2019.]
December 20, 2017 Filing 22 REPORT OF ATTORNEY PLANNING MEETING. (Sipos, Victor) [Transferred from Utah on 11/14/2019.]
December 19, 2017 Opinion or Order Filing 21 CIVIL STANDING ORDER. Signed by Judge Jill N. Parrish on 12/19/17. (ss) [Transferred from Utah on 11/14/2019.]
December 12, 2017 Opinion or Order Filing 20 ORDER TO SHOW CAUSE Why the Case Should Not be Transferred to State Court Because This Court Lacks Jurisdiction. Accordingly, the defendant, Narciso Rodriguez-Cayro, is hereby ORDERED to show cause why this action should not be transferred to state court because the Notice of Removal was not timely filed. Furthermore, the defendant must allege his own domicile as well as the plaintiffs domicile at the time that the initial Complaint was filed. See Siloam Springs Hotel,781 F.3d at 1238. The defendant must respond by January 5, 2018. A failure to respond will result in an order transferring the case back to state court. Signed by Judge Jill N. Parrish on 12/12/2017. (jwt) [Transferred from Utah on 11/14/2019.]
December 12, 2017 Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Counter Defendant Kyli Rodriguez-Cayro. (Sipos, Victor) [Transferred from Utah on 11/14/2019.]
December 1, 2017 Filing 18 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Marnie Lynn Antonik. 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. (nl) [Transferred from Utah on 11/14/2019.]
November 28, 2017 Opinion or Order Filing 17 ORDER OF RECUSAL - Judge Dee Benson recused. Case reassigned to Judge Jill N. Parrish for all further proceedings. Signed by Judge Dee Benson on 11/27/2017. (blh) [Transferred from Utah on 11/14/2019.]
November 27, 2017 Filing 16 ADDENDUM to #2 Notice of Removal, filed by Defendant Narciso Alejandro Rodriquez-Cayro . (Attachments: #1 Exhibit A to the Notice of Removal - Plaintiff's initial Complaint, #2 Exhibit B to the Notice of Removal - Defendant's Motion to Dismiss, #3 Exhibit C to the Notice of Removal - November 9, 2017 Order, #4 Exhibit D to the Notice of Removal - Plaintiff's First Amended Complaint, #5 Exhibit E to the Notice of Removal - All other pleadings)(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
November 22, 2017 Filing 15 THIRD PARTY COMPLAINT against Marnie Lynn Antonik filed by Narciso Alejandro Rodriquez-Cayro (blh) [Transferred from Utah on 11/14/2019.]
November 22, 2017 Filing 14 COUNTERCLAIM against Kyli Rodriguez-Cayro filed by Narciso Alejandro Rodriquez-Cayro (blh) [Transferred from Utah on 11/14/2019.]
November 22, 2017 Filing 13 Defendant Narciso Alejandro Rodriguez-Cayro's ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand , Counterclaim, and Third-Party Complaint filed by Narciso Alejandro Rodriquez-Cayro. (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
November 22, 2017 Filing 12 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Dee Benson. Magistrate Judge Dustin B. Pead no longer assigned to the case. (las) [Transferred from Utah on 11/14/2019.]
November 22, 2017 Filing 11 RECEIVED Consent/Reassignment Form from Defendant Narciso Alejandro Rodriquez-Cayro. (las) [Transferred from Utah on 11/14/2019.]
November 21, 2017 Filing 10 WITHDRAWAL OF MOTION by Defendant Narciso Alejandro Rodriquez-Cayro re #3 Ex Parte (Not Sealed) MOTION to Seal Case filed by Narciso Alejandro Rodriquez-Cayro . (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
November 20, 2017 Filing 9 RECEIVED Consent/Reassignment Form from Plaintiff Kyli Rodriguez-Cayro. (las) [Transferred from Utah on 11/14/2019.]
November 17, 2017 Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/usdc-forms, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/attorney-planning-meeting-and-reportIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at #ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 1/10/2018 at 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds) [Transferred from Utah on 11/14/2019.]
November 14, 2017 Filing 7 Plaintiff's MEMORANDUM in Opposition re #3 Ex Parte (Not Sealed) MOTION to Seal Case filed by Plaintiff Kyli Rodriguez-Cayro. (Sipos, Victor) [Transferred from Utah on 11/14/2019.]
November 14, 2017 Filing 6 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendant Narciso Alejandro Rodriquez-Cayro. Form due by 11/29/2017. (tlh) [Transferred from Utah on 11/14/2019.]
November 14, 2017 Filing 5 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (tlh) [Transferred from Utah on 11/14/2019.]
November 14, 2017 Filing 4 NOTICE OF ADR, e-mailed or mailed to Plaintiff Kyli Rodriguez-Cayro, Defendant Narciso Alejandro Rodriquez-Cayro. (tlh) [Transferred from Utah on 11/14/2019.]
November 14, 2017 Filing 3 Ex Parte (Not Sealed) MOTION to Seal Case filed by Defendant Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Exhibit A - Order Granting Stipulated Motion to Designate Case as Private, #2 Text of Proposed Order )(Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
November 14, 2017 Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 170904045, (Filing fee $ 400, receipt number 1088-2881470) filed by Narciso Alejandro Rodriquez-Cayro. (Attachments: #1 Civil Cover Sheet ) Assigned to Magistrate Judge Dustin B. Pead (Morgan, Melinda) [Transferred from Utah on 11/14/2019.]
November 14, 2017 Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Defendant Narciso Alejandro Rodriquez-Cayro is directed to E-File the Notice of Removal 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. (tlh) [Transferred from Utah on 11/14/2019.]

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3rd party plaintiff: Narciso Alejandro Rodriquez-Cayro
Represented By: Melinda A. Morgan
Represented By: Anne Taylor Freeland
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3rd party defendant: Marnie Lynn Antonik
Represented By: Andrew D. Wright
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Plaintiff: Kyli Rodriguez-Cayro
Represented By: Victor A. Sipos
Represented By: Melissa F Hague
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