1.800. Vending v. Wyland et al
Plaintiff: 1.800. Vending
Defendant: Chris Wyland, Grow Franchise Group, Sprout Healthy Vending and Grow Healthy
3Rd Party Defendant: Opinion Corp. and Jeffrey L. Marsh
Case Number: 1:2014cv00121
Filed: October 3, 2014
Court: US District Court for the District of Utah
Office: Northern Office
County: Davis
Presiding Judge: Clark Waddoups
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 27, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2017 Opinion or Order Filing 100 FINAL JUDGMENT AND PERMANENT INJUNCTION- Case Closed. Magistrate Judge Dustin B. Pead no longer assigned to case. Motions terminated: #99 Stipulated MOTION for Entry of Judgment and Permanent Injunction filed by 1.800. Vending. See Judgment for details. Signed by Judge Clark Waddoups on 3/27/17. (jmr)
March 27, 2017 Opinion or Order Filing 99 Stipulated MOTION for Entry of Judgment and Permanent Injunction filed by Plaintiff 1.800. Vending. (Attachments: #1 Text of Proposed Order Final Judgment and Permanent Injunction)(Hiatt, Ian)
March 17, 2017 Opinion or Order Filing 98 Proposed Witness List & Exhibit List by 1.800. Vending(a Utah Corporation). (Attachments: #1 Exhibit A - Plaintiff's Trial Exhibit List)(Hiatt, Ian)
March 9, 2017 Opinion or Order Filing 97 PRETRIAL ORDER. Final Pretrial Conference set for 4/7/2017 at 10:00 AM in Rm 8.100 before Judge Clark Waddoups. 5-day Jury Trial set to begin 4/14/2017 at 08:30 AM in Rm 8.100 before Judge Clark Waddoups. Signed by Judge Clark Waddoups on 3/9/2017. (blh)
February 24, 2017 Opinion or Order Filing 96 AMENDED NOTICE OF HEARING: (Notice generated by amw)Final Pretrial Conference set for 4/7/2017 at 10:00 AM in Rm 8.100 before Judge Clark Waddoups. (amw)
January 13, 2017 Opinion or Order Filing 95 AMENDED NOTICE OF HEARING: (Notice generated by amw) Final Pretrial Conference set for 4/7/2017 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. **PLEASE NOTE CHANGE IN DATE** (amw)
January 11, 2017 Opinion or Order Filing 94 MEMORANDUM DECISION AND ORDER DENYING MOTION TO CERTIFY A QUESTION-denying #86 Motion for Certification of Issue to State Supreme Court. Signed by Judge Clark Waddoups on 1/10/17. (jmr)
December 12, 2016 Opinion or Order Filing 93 REQUEST to Submit for Decision re #86 MOTION for Certification of Issue to State Supreme Court under Utah R. App. P. 41(a) and Memorandum in Support filed by Defendants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Lang, Trevor)
December 12, 2016 Opinion or Order Filing 92 REPLY to Response to Motion re #86 MOTION for Certification of Issue to State Supreme Court under Utah R. App. P. 41(a) and Memorandum in Support filed by Defendants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Lang, Trevor)
November 23, 2016 Opinion or Order Filing 91 Plaintiff's MEMORANDUM in Opposition re #86 MOTION for Certification of Issue to State Supreme Court under Utah R. App. P. 41(a) and Memorandum in Support filed by Counter Defendants 1.800. Vending, 1.800. Vending, Plaintiff 1.800. Vending. (Attachments: #1 Exhibit A - Nov. 3, 2016 Transcript of MSJ Ruling)(Hiatt, Ian)
November 14, 2016 Opinion or Order Filing 90 Motions No Longer Referred: #86 MOTION for Certification of Issue to State Supreme Court under Utah R. App. P. 41(a) and Memorandum in Support . Motion will be handled by Judge Waddoups. (tdp)
November 10, 2016 Opinion or Order Filing 89 NOTICE OF HEARING: 5-day Jury Trial set beginning 4/14/2017 at 08:30 AM in Rm 8.100 before Judge Clark Waddoups. (tcs)
November 10, 2016 Opinion or Order Filing 88 NOTICE OF HEARING: Final Pretrial Conference set for 2/21/2017 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. (tcs)
November 10, 2016 Opinion or Order Filing 87 Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 11/10/2016. Discussion and argument heard on setting a trial date in this matter notwithstanding defendants' pending motion for certification of issues to the state Supreme Court. The court declines to postpone setting a trial date. Defendants' pending motion will be addressed in the ordinary course. A 5-day jury trial is scheduled beginning April 14, 2017 at 8:30 AM in Rm. 8.100 before Judge Clark Waddoups. A final pre-trial conference will be held February 21, 2017 at 3:00 p.m. A pre-trial order will be issued by the court. Court adjourned. Attorney for Plaintiff: Ian Hiatt, Jefferson W. Gross, Attorney for Defendant: Trevor C. Lang, Erik A. Olson. Court Reporter: Kelly Hicken.(tcs)
November 10, 2016 Opinion or Order Filing 86 MOTION for Certification of Issue to State Supreme Court under Utah R. App. P. 41(a) and Memorandum in Support filed by Defendants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. Motions referred to Dustin B. Pead.(Lang, Trevor)
November 7, 2016 Opinion or Order Filing 85 ORDER -IT IS HEREBY ORDERED, for the reasons stated on the record, that Defendants Motion for Summary Judgment #68 is DENIED. Signed by Judge Clark Waddoups on 11/4/16. (jmr)
November 3, 2016 Opinion or Order Filing 84 NOTICE OF HEARING: Status Report and Scheduling Conference set for 11/10/2016 at 02:30 PM in Rm 8.100 before Judge Clark Waddoups. (rlr)
November 3, 2016 Opinion or Order Filing 83 Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 11/3/2016 re #68 SEALED MOTION for Summary Judgment filed by Sprout Healthy Vending, Chris Wyland, Grow Healthy, Grow Franchise Group. Discussion and argument heard. For the reasons stated on the record, the Court DENIES the motion. A written order will follow. A stauts / scheduling conference is set for 11/10/2016 at 2:30 PM. Attorney for Plaintiff: Jefferson Gross, Ian Hiatt, Attorney for Defendant: Eirk Olson, Trevor Lang. Court Reporter: Karen Murakami.(rlr)
July 26, 2016 Opinion or Order Filing 82 AMENDED NOTICE OF HEARING ON MOTION re: #68 SEALED MOTION for Summary Judgment - (Notice generated by tdp). Motion Hearing reset for 11/3/2016 at 02:30 PM in Rm 8.100 before Judge Clark Waddoups. (tdp)
July 12, 2016 Opinion or Order Filing 81 DOCKET TEXT ORDER Granting #79 Motion to Amend/Correct. For good cause appearing, the court grants Plaintiff's motion to drop the Doe defendants. The Doe defendants are nominal parties and dropping them will not prejudice any of the parties in this litigation. Therefore, pursuant to Rule 21 of the Federal Rules of Civil Procedure, the court hereby ORDERS that the Doe defendants are dropped as parties. Signed by Judge Clark Waddoups on 7/12/2016. No attached document. (tdp)
July 12, 2016 Opinion or Order Filing 80 NOTICE OF HEARING ON MOTION re: #68 SEALED MOTION for Summary Judgment : (Notice generated by tdp) Motion Hearing set for 11/10/2016 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. (tdp)
July 6, 2016 Opinion or Order Filing 79 MOTION to Amend/Correct and Memorandum in Support filed by Plaintiff 1.800. Vending. (Attachments: #1 Exhibit Second Amended Complaint and Demand for Jury Trial) Motions referred to Dustin B. Pead.(Hiatt, Ian)
July 6, 2016 Opinion or Order Filing 78 NOTICE of Supplement to Amended Complaint Re: Subject-Matter Jurisdiction by 1.800. Vending re #31 Amended Complaint, #75 Memorandum Decision, (Hiatt, Ian)
June 24, 2016 Opinion or Order Filing 77 REQUEST to Submit for Decision re #68 SEALED MOTION for Summary Judgment filed by Defendants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Lang, Trevor)
June 20, 2016 Opinion or Order Filing 76 REPLY to Response to Motion re #68 SEALED MOTION for Summary Judgment filed by Defendants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Attachments: #1 Exhibit A: Defendants' Rebuttal Expert Report)(Olson, Erik)
June 16, 2016 Opinion or Order Filing 75 MEMORANDUM DECISION and Order-On or before July 7, 2016, Plaintiff shall plead the citizenship of Grow Franchise Group, LLC and Sprout Healthy Vending, LLC. It shall also allege the citizenship of each of the Doe defendants. If diversity jurisdiction is not established, this case will be dismissed. Signed by Judge Clark Waddoups on 6/15/16. (jmr)
June 6, 2016 Opinion or Order Filing 74 REDACTION to #73 Sealed Document, Opposition to Defendants' Motion for Summary Judgment by Plaintiff 1.800. Vending. (Attachments: #1 Appendix, #2 Exhibit 1., #3 Exhibit 2., #4 Exhibit 3., #5 Exhibit 4., #6 Exhibit 5., #7 Exhibit 6., #8 Exhibit 7., #9 Exhibit 8., #10 Exhibit 9., #11 Exhibit 10., #12 Exhibit 11., #13 Exhibit 12., #14 Exhibit 13., #15 Exhibit 14., #16 Exhibit 15., #17 Exhibit 16., #18 Exhibit 17., #19 Exhibit 18., #20 Exhibit 19., #21 Exhibit 20., #22 Exhibit 21., #23 Exhibit 22., #24 Exhibit 23a., #25 Exhibit 23b., #26 Exhibit 24)(Hiatt, Ian) Modified on 6/6/2016: removed all non-filing parties and party roles from entry (alt)
June 6, 2016 Opinion or Order Modification of Docket re #74 Redacted Document. Error: Filer selected non-filing parties and multiple party roles as the filers of the document. Correction: Entry has been corrected to show that only one filer, plaintiff 1.800.Vending, should have been selected. (alt)
May 23, 2016 Opinion or Order Filing 73 **SEALED DOCUMENT**Opposition to #68 SEALED MOTION for Summary Judgment and Memorandum in Support [REDACTED] filed by Plaintiff 1.800. Vending. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23a, #25 Exhibit 23b, #26 Exhibit 24)(jmr) Modified on 5/25/2016 - corrected document link from #70 to #68 (jwt).
May 23, 2016 Opinion or Order Filing 72 AFFIDAVIT/DECLARATION of Jeffery Marsh in Opposition re #70 MOTION for Summary Judgment and Memorandum in Support [REDACTED] filed by Counter Defendants 1.800. Vending, 1.800. Vending, Jeffrey L. Marsh, Plaintiff 1.800. Vending, ThirdParty Defendant Jeffrey L. Marsh. (Attachments: #1 Exhibit A, Email)(Hiatt, Ian)
May 23, 2016 Opinion or Order Filing 71 NOTICE OF CONVENTIONAL FILING of Opposition to Defendants' Motion for Summary Judgment and Appendix of Evidentiary Material in Support filed by Counter Defendants 1.800. Vending, 1.800. Vending, Jeffrey L. Marsh, Plaintiff 1.800. Vending (Hiatt, Ian)
April 28, 2016 Opinion or Order Filing 70 MOTION for Summary Judgment and Memorandum in Support [REDACTED] filed by Defendants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Attachments: #1 Exhibit A-30(b)(6) Deposition of Plaintiff, #2 Exhibit B-Deposition Exhibit, #3 Exhibit C-Deposition Exhibit, #4 Exhibit D-Deposition Exhibit, #5 Exhibit Third-Party Internet Posts, #6 Exhibit F-Plaintiff's Supplemental Discovery Responses, #7 Exhibit G-Subpoena to Yelp, #8 Exhibit H-Plaintiff's Press Release, #9 Exhibit I-30(b)(6) Deposition of Plaintiff (AEO), #10 Exhibit J-Plaintiff's Discovery Responses)(Lang, Trevor)
April 20, 2016 Opinion or Order NOTICE VACATING HEARING: Status Conference set for 4/21/2016 at 2:45 p.m. before Judge Waddoups is vacated because a motion for summary judgment has been filed. (Notice generated by tdp).
April 19, 2016 Opinion or Order Filing 69 Motions No Longer Referred: #68 Defendants SEALED MOTION for Summary Judgment shall be handled by the District Court. (amn)
April 18, 2016 Opinion or Order Filing 68 *SEALED DOCUMENT* SEALED MOTION for Summary Judgment and Memorandum in Support filed by Defendants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Attachments: #1 Exhibit A-Marsh, #2 Exhibit B-Exhibit 24, #3 Exhibit C-Exhibit 25, #4 Exhibit D-Exhibit 26, #5 Exhibit E-Third-Party Internet Posts, #6 Exhibit F-2015-09-22 Pla's Supplemental Responses to Dfts' Discovery Requests, #7 Exhibit G-2015-06-29 Notice of Intent Subpeona Yelp with Exhibits, #8 Exhibit H-Press Release, #9 Exhibit I-Marsh, Jeffrey L. 12.9.15 AEO Mini, #10 Exhibit J-2015-06-01 Pla's Responses to Dfts' First Set of Discovery Requests) Motions referred to Dustin B. Pead.(jmr) Modified on 6/6/2016: corrected carry-forward text (alt)
April 15, 2016 Opinion or Order Filing 67 NOTICE OF CONVENTIONAL FILING of Motion for Summary Judgment filed by Defendants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland (Lang, Trevor)
March 4, 2016 Opinion or Order Filing 66 EXPERT REPORT of H. Scott Tucker Witness filed by Defendants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Attachments: #1 Exhibit Expert Report, #2 Exhibit CV of S. Tucker)(Lang, Trevor)
January 20, 2016 Opinion or Order Filing 65 AMENDED NOTICE OF HEARING: (Notice generated by tcs) Status Conference set for 4/21/2016 at 02:45 PM in Rm 8.100 before Judge Clark Waddoups. (tcs)
January 15, 2016 Opinion or Order Filing 64 EXPERT REPORT of Michael Gutierrez Witness filed by Counter Defendants 1.800. Vending, 1.800. Vending, Jeffrey L. Marsh, Plaintiff 1.800. Vending. (Attachments: #1 Exhibit Report of Mike Guitierrez)(Hiatt, Ian)
November 10, 2015 Opinion or Order Filing 63 NOTICE OF HEARING: (Notice generated by aw) Status Conference set for 4/21/2016 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. (aw)
November 9, 2015 Opinion or Order Filing 62 ORDER on Second Stipulated Motion for Enlargement of Deadlines-granting #61 Motion for Scheduling Order Expert Discovery due by 3/18/2016. Motions due by 4/15/2016. See Order for further details. Signed by Magistrate Judge Dustin B. Pead on 11/6/15. (jmr)
November 6, 2015 Opinion or Order Filing 61 Second MOTION for Extension of Time to Complete Discovery Stipulated filed by Plaintiff 1.800. Vending, Counter Defendant Jeffrey L. Marsh. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Hiatt, Ian) Modified on 11/9/2015 change to motion for scheduling order(jmr).
September 9, 2015 Opinion or Order Filing 60 ORDER granting Joint Motion and Stipulation #57 Motion to Dismiss. IT IS HEREBY ORDERED THAT all remaining claims between Grow and OpinionCorp. in this action are hereby dismissed with prejudice, with each party to pay their respective costs and attorney fees. Signed by Judge Clark Waddoups on 9/8/15. (jmr)
September 4, 2015 Opinion or Order Filing 59 Modification of Docket: re #49 Answer to Third Party Complaint, #46 Answer to Complaint, #55 Counterclaim, #26 Third Party Complaint. On 12/17/2014, Defendants filed a counterclaim against Jeffrey L. Marsh as part their answer to the complaint. The clerk in error added Mr. Marsh as a third party defendant since he had not been a part of the litigation until then, and reentered the document as a third party complaint #26 . Because of this error, Defendants were also added as third party plaintiffs. Further, counsel for Mr. Marsh filed their answer #49 to the Amended Counterclaim #46 but because of the confusion, filed it as an answer to the third party complaint #26 . Corrections: Defendants terminated as third party plaintiffs as to Mr. Marsh only, remain as such as to claims against Opinion Corp; Mr. Marsh also terminated as a third party defendant. Answer deadline for Counterclaim #55 updated to 7/2/2015. Answer to Third Party Complaint #49 refiled as #58 Answer to Counterclaim, striking text in entry #49 . (jwt)
September 4, 2015 Opinion or Order ANSWER DEADLINE UPDATED for Jeffrey L. Marsh answer due 7/2/2015. (jwt)
August 27, 2015 Opinion or Order Filing 57 STIPULATed Motion of Dismissal by Grow Franchise Group(a California limited liability company), Grow Healthy(a California corporation), Sprout Healthy Vending(a Wyoming limited liability company), Chris Wyland(an individual). (Attachments: #1 Text of Proposed Order)(Lang, Trevor) Modified on 8/28/2015 to change to Stipulated Motion of Dismissal (jmr).
August 19, 2015 Opinion or Order Filing 54 ORDER re Joint Motion and #50 Stipulation filed by Sprout Healthy Vending, Chris Wyland, Grow Healthy, Grow Franchise Group. See Order for details. Signed by Judge Clark Waddoups on 8/18/15. (jmr)
August 18, 2015 Opinion or Order Filing 53 REQUEST to Submit for Decision re #50 Stipulation filed by Third Party Plaintiffs Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Lang, Trevor)
August 3, 2015 Opinion or Order Filing 52 ORDER granting Stipulated #51 Motion Enlargement of Deadlines(for Scheduling Order). Fact Discovery due by 11/6/15 and Expert Discovery due by 2/12/2016. Motions due by 3/11/2016. See Order for additional deadlines. Signed by Magistrate Judge Dustin B. Pead on 8/3/15. (jmr)
July 31, 2015 Opinion or Order Filing 51 Stipulated MOTION for Extension of Time to Complete Discovery Enlargement of Deadlines filed by Counter Defendant 1.800. Vending, Plaintiff 1.800. Vending, ThirdParty Defendant Jeffrey L. Marsh. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Hiatt, Ian) Modified on 8/3/2015 changed to Motion for Scheduling Order(jmr).
July 29, 2015 Opinion or Order Filing 50 STIPULATION AND JOINT MOTION TO REMOVE CONTENT by Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Attachments: #1 Text of Proposed Order Granting Joint Motion and Stipulation to Remove Content)(Lang, Trevor)
July 2, 2015 Opinion or Order Filing 58 ANSWER to #55 Counterclaim filed by Jeffrey L. Marsh. (Document was originally filed as #49 Answer to #26 Third Party Complaint - third party complaint was entered in error. Answer refiled so as to link to refiled counterclaim #55 .)(jwt)
July 2, 2015 Opinion or Order Filing 49 ENTRY ERROR SEE #58 ANSWER TO #55 COUNTERCLAIM ANSWER to #26 Third Party Complaint filed by Jeffrey L. Marsh.(Hiatt, Ian) .
June 29, 2015 Opinion or Order Filing 48 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Grow Franchise Group, Chris Wyland, Grow Healthy, Sprout Healthy Vending as to Opinion Corp. served on 6/22/2015, answer due 7/13/2015. (Lang, Trevor)
June 12, 2015 Opinion or Order Filing 56 THIRD PARTY COMPLAINT against Opinion Corp., filed by Grow Franchise Group, Chris Wyland, Grow Healthy, Sprout Healthy Vending. (Third Party Complaint originally filed as part of #46 Amended Answer, but was not entered at that time.) (jwt)
June 12, 2015 Opinion or Order Filing 55 COUNTERCLAIM against 1.800. Vending, Jeffrey L. Marsh, filed by Grow Healthy, Grow Franchise Group, Chris Wyland, Sprout Healthy Vending. (Counterclaim originally filed as part of #46 Amended Answer, but was not entered at that time.) (jwt)
June 12, 2015 Opinion or Order Filing 47 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Opinion Corp.. 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. (bdr)
June 12, 2015 Opinion or Order Filing 46 AMENDED ANSWER to Complaint , Counterclaim, and THIRD-PARTY COMPLAINT Against Opinion Corp. dba Pissedconsumer.com filed by Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland.(Lang, Trevor)
June 12, 2015 Opinion or Order Filing 45 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Grow Healthy, Grow Franchise Group, Chris Wyland, Sprout Healthy Vending as to Jeffrey L. Marsh served on 6/11/2015, answer due 7/2/2015. (Lang, Trevor)
June 11, 2015 Opinion or Order Filing 44 ORDER granting #40 Motion for Leave to File Amended Answer, Counterclaim, and Third-Party Complaint. Signed by Magistrate Judge Dustin B. Pead on 6/11/15. (jmr)
June 9, 2015 Opinion or Order Filing 43 REQUEST to Submit for Decision re #40 MOTION for Leave to File Amended Answer, Counterclaim, and Third-Party Complaint and Memorandum in Support filed by Counter Claimants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Lang, Trevor)
June 9, 2015 Opinion or Order Filing 42 NOTICE of Non-Opposition to Defendant's Motion for Leave by 1.800. Vending re #40 MOTION for Leave to File Amended Answer, Counterclaim, and Third-Party Complaint and Memorandum in Support (Hiatt, Ian)
June 9, 2015 Opinion or Order Filing 41 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Jeffrey L. Marsh. 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. (mms)
May 29, 2015 Opinion or Order Filing 40 MOTION for Leave to File Amended Answer, Counterclaim, and Third-Party Complaint and Memorandum in Support filed by Counter Claimants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Attachments: #1 Exhibit Proposed Pleading, #2 Exhibit Email, #3 Text of Proposed Order Granting Leave to File Amended Pleading) Motions referred to Dustin B. Pead.(Lang, Trevor)
April 21, 2015 Opinion or Order Filing 39 MEMORANDUM DECISION & SHORT FORM DISCOVERY ORDER- granting #36 Motion to Compel; terminating #36 Motion to Expedite. The Court Orders the following: Within twenty (20) days from the date of this Order Defendant shall clarify its answer to Plaintiff's Interrogatory Number 1 and specifically identify the requested computers and electronic devices used by Defendant and Defendant's representatives from January 1, 2010 through the date of Defendant's response. See Order for details. Signed by Magistrate Judge Dustin B. Pead on 4/21/15. (jmr)
April 2, 2015 Opinion or Order Filing 38 MEMORANDUM in Opposition re #36 MOTION to Compel Interrogatory No.1 MOTION to Expedite a Full Response to Interrogatory No. 1 filed by Counter Claimants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Lang, Trevor)
March 30, 2015 Opinion or Order Filing 37 DOCKET TEXT ORDER. Consistent with the District Court's entry of the Short Form Discovery Order #35 ,the Court hereby orders Defendant to file an opposition, if any, to the pending Motion To Compel #36 no later than close of business on April 2, 2015. Any opposition shall comport with the Short Form Discovery Order requirements. Signed by Magistrate Judge Dustin B. Pead on 03/30/2015 (docket text order, no document attached). (amn)
March 24, 2015 Opinion or Order Filing 36 MOTION to Compel Interrogatory No.1 , MOTION to Expedite a Full Response to Interrogatory No. 1 filed by Counter Defendant 1.800. Vending, Plaintiff 1.800. Vending. (Attachments: #1 Exhibit, #2 Exhibit Def's Responses to First Set of Discovery, #3 Text of Proposed Order) Motions referred to Dustin B. Pead.(Hiatt, Ian)
March 24, 2015 Opinion or Order Modification of Docket: Error: Attachment not included with Scheduling Order. Correction: Attachment added re #34 Scheduling Order. (jds)
March 20, 2015 Opinion or Order Filing 35 DOCKET TEXT ORDER - The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. Signed by Judge Clark Waddoups on 3/20/2015. (jds)
March 6, 2015 Opinion or Order Filing 34 SCHEDULING ORDER: Amended Pleadings due by 5/29/2015. Joinder of Parties due by 5/29/2015. Discovery due by 12/11/2015. Motions due by 1/8/2016. Status Conference set for 1/13/2016 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. Signed by Magistrate Judge Evelyn J. Furse on 3/4/15. (jmr) (Additional attachment(s) added on 3/24/2015: #1 Appendix 1 - Form of Production of Electronically Stored Information) (jds).
February 25, 2015 Opinion or Order Filing 33 ANSWER to #31 Amended Complaint filed by Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland.(Lang, Trevor)
February 11, 2015 Opinion or Order Filing 32 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Initial Pretrial Conference held on 2/11/2015. Counsel present. Court hears statements from counsel regarding disputes on discovery and sets scheduling order. Plaintiffs counsel to prepare and submit scheduling order to the court at ipt@utd.uscourts.gov. Court adjourned. Attorney for Plaintiff: Ian Hiatt, Jefferson W. Gross, Attorney for Defendant: Trevor C. Lang. Court Reporter: Electronic.(Time Start: 11:32:51, Time End: 11:46:25, Room 7.400.)(jds)
February 11, 2015 Opinion or Order Filing 31 AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland with Jury Demand., filed by 1.800. Vending, Jeffrey L. Marsh. (Hiatt, Ian)
January 21, 2015 Opinion or Order Filing 30 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Exhibit Form of Production of Electronically Stored Info)(Hiatt, Ian)
January 6, 2015 Opinion or Order Filing 29 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Jennifer Stout, IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, 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/documents/ipt.htmlIf 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 2/11/2015 at 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds)
January 5, 2015 Opinion or Order Filing 28 NOTICE OF DEFICIENCY re #14 Answer to Complaint. The document was also filed incorrectly, only as an "Answer to Complaint" without completing the prompts that would have successfully caused it to be properly filed as a Counterclaim as well, and caused the court to add a new party to the case. This document will not be re-filed to add the embedded counterclaim and bring the new third party into the case as that has been done via the filing of entries #25 and #26 . (alt)
January 5, 2015 Opinion or Order Filing 27 ANSWER to #25 Counterclaim filed by 1.800. Vending.(Hiatt, Ian)
January 5, 2015 Opinion or Order Filing 24 NOTICE OF DEFICIENCY re #19 Amended Answer to Complaint. The document was filed only as an Amended Answer but not as a Counterclaim so that the counterclaims could be answered. Document will be re-filed as a Counterclaim so that counterdefendants may file their answer to the counterclaim. Filers are reminded that documents combining more than one type of document must be filed multiple times in order that each type of document appears correctly on the docket. (alt)
January 5, 2015 Opinion or Order Filing 23 ORDER granting #22 Motion for Extension of Time. Plaintiff/Counterclaim Defendant shall have until and including January 5, 2015in which to file its response to the Amended Counterclaim. Signed by Magistrate Judge Dustin B. Pead on 1/5/14. (jmr)
December 31, 2014 Opinion or Order Filing 22 Stipulated MOTION for Extension of Time Response to Amended Counterclaim and Memorandum in Support filed by Plaintiff 1.800. Vending. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Hiatt, Ian)
December 18, 2014 Opinion or Order Filing 21 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference. (jmr)
December 18, 2014 Opinion or Order Filing 20 NOTICE OF ADR, e-mailed or mailed to Plaintiff 1.800. Vending, Defendants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (jmr)
December 17, 2014 Opinion or Order Filing 26 THIRD PARTY COMPLAINT against Jeffrey L. Marsh, filed by Grow Franchise Group, Sprout Healthy Vending, Grow Healthy, Chris Wyland (alt)
December 17, 2014 Opinion or Order Filing 25 COUNTERCLAIM against 1.800. Vending, Jeffrey L. Marsh filed by Grow Healthy, Grow Franchise Group, Sprout Healthy Vending, Chris Wyland (alt) Modified on 9/4/2015 - adding Jeffrey L. marsh as counterclaim defendant (jwt).
December 17, 2014 Opinion or Order Filing 19 AMENDED ANSWER to #2 COMPLAINT filed by Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Lang, Trevor) Modified on 1/5/2015: corrected link to complaint and removed incorrectly-added text (alt)
December 16, 2014 Opinion or Order Filing 18 ORDER granting Stipulated #17 Motion for Extension of Time. Defendants/Counterclaim Plaintiffs shall have up to and including December 17,2014 in which to file an Amended Counterclaim. Plaintiff/Counterclaim Defendants shall have fourteen (14) days from December 17, 2014 in which to file their response to either the original Counterclaim (if not amended) or the Amended Counterclaim (if filed and served). Signed by Judge Clark Waddoups on 12/16/14. (jmr)
December 16, 2014 Opinion or Order Filing 17 Stipulated MOTION for Extension of Time Response to Counterclaim filed by Plaintiff 1.800. Vending. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Hiatt, Ian)
December 3, 2014 Opinion or Order Filing 16 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland. (Lang, Trevor)
November 25, 2014 Opinion or Order Filing 15 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff 1.800. Vending. (Hiatt, Ian)
November 24, 2014 Opinion or Order Filing 14 COUNTERCLAIM AGAINST JEFFREY L. MARSH AND 1.800.VENDING, INC. AND ANSWER to Complaint filed by Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland.(Olson, Erik)
November 24, 2014 Opinion or Order Filing 13 NOTICE of Appearance by Trevor C. Lang on behalf of Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland (Lang, Trevor)
November 24, 2014 Opinion or Order Filing 12 NOTICE of Appearance by Erik A. Olson on behalf of Grow Franchise Group, Grow Healthy, Sprout Healthy Vending, Chris Wyland (Olson, Erik)
October 29, 2014 Opinion or Order Filing 11 DOCKET TEXT 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. Signed by Judge Clark Waddoups on 10/29/2014. (aw)
October 24, 2014 Opinion or Order Filing 10 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by 1.800. Vending as to Sprout Healthy Vending served on 10/7/2014, answer due 10/28/2014. (Hiatt, Ian)
October 20, 2014 Opinion or Order Filing 9 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by 1.800. Vending as to Chris Wyland served on 10/16/2014, answer due 11/6/2014. (Hiatt, Ian)
October 14, 2014 Opinion or Order Filing 8 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by 1.800. Vending as to Grow Healthy served on 10/6/2014, answer due 10/27/2014. (Hiatt, Ian)
October 6, 2014 Opinion or Order Filing 7 ORDER REASSIGNING CASE. Due the request by the plaintiff in the #2 Complaint for preliminary injunctive relief, the court orders the clerk to reassign this case to a district court judge. Case reassigned to Judge Clark Waddoups for all further proceedings. Magistrate Judge Evelyn J. Furse no longer assigned to case. Signed by Magistrate Judge Evelyn J. Furse on 10/6/2014. (jwt)
October 3, 2014 Opinion or Order Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Grow Healthy. 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)
October 3, 2014 Opinion or Order Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Grow Franchise Group. 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)
October 3, 2014 Opinion or Order Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Sprout Healthy Vending. 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)
October 3, 2014 Opinion or Order Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Chris Wyland. 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)
October 3, 2014 Opinion or Order Filing 2 COMPLAINT and Demand for Jury Trial against All Defendants (Filing fee $ 400, receipt number 1088-2135984), filed by 1.800. Vending. (Attachments: #1 Civil Cover Sheet Cover Sheet) Assigned to Magistrate Judge Evelyn J. Furse (Hiatt, Ian)
October 3, 2014 Opinion or Order Filing 1 Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiff 1.800. Vending is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (bdr)

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Search for this case: 1.800. Vending v. Wyland et al
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Plaintiff: 1.800. Vending
Represented By: Richard D. Burbidge
Represented By: Ian Hiatt
Represented By: Jefferson W. Gross
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Defendant: Chris Wyland
Represented By: Erik A. Olson
Represented By: Trevor C. Lang
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Defendant: Grow Franchise Group
Represented By: Erik A. Olson
Represented By: Trevor C. Lang
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Defendant: Sprout Healthy Vending
Represented By: Erik A. Olson
Represented By: Trevor C. Lang
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Defendant: Grow Healthy
Represented By: Erik A. Olson
Represented By: Trevor C. Lang
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3rd party defendant: Opinion Corp.
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3rd party defendant: Jeffrey L. Marsh
Represented By: Ian Hiatt
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