Icon Health & Fitness v. ConsumerAffairs.com et al
Icon Health & Fitness |
ConsumerAffairs.com, Consumers Unified and David Zachary Carman |
1:2016cv00168 |
December 13, 2016 |
US District Court for the District of Utah |
Northern Office |
Cache |
Dustin B Pead |
Racketeer/Corrupt Organization |
28 U.S.C. § 1441 Notice of Removal- Racketeering (RICO) |
Plaintiff |
Docket Report
This docket was last retrieved on February 27, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 69 JUDGMENT - IT IS HEREBY ORDERED AND ADJUDGED that the above-captioned matter is hereby dismissed with prejudice, consistent with the parties stipulation, with each party to bear their own fees and costs. Signed by Magistrate Judge Dustin B. Pead on 2/27/2019. (las) |
Filing 68 ORDER granting #67 Motion to Dismiss. Case Closed. Signed by Magistrate Judge Dustin B. Pead on 2/27/2019. (las) |
Filing 67 Stipulated MOTION to Dismiss filed by Plaintiff Icon Health & Fitness. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion to Dismiss)(Bergman, Aaron) |
Filing 66 RULING AND ORDER - Paragraph 2(d) of the Scheduling Order, as entered on June 20, 2018 shall remain unmodified and govern the exchange of ESI. The parties shall ensure the original native files and unaltered metadata associated with those files are preserved. Further, each party shall bear its own cost of bates numbering any native files that are produced as part of discovery in this matter. Signed by Magistrate Judge Dustin B. Pead on 7/2/2018. (las) |
Filing 65 RESPONSE to Motion re #61 MOTION for Scheduling Order and Memorandum in Support of Initial Scheduling Conference filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Wright, J.) |
Filing 64 SUBSTITUTION OF COUNSEL Juliette P. White replacing Richard E. Mrazik as counsel on behalf of David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (White, Juliette) |
Filing 63 DOCKET TEXT ORDER re #62 Scheduling Order. The court recognizes the parties dispute the proper method for preservation and production of e-discovery. Defendants may file an opposition to Plaintiff's request for production of searchable PDF files (with the option to request production of native files). An opposition shall be filed by the close of business on June 27, 2018, and must be limited to five (5) pages. Plaintiff should not file a reply unless the court later requests one. If the court does not receive any opposition by the June 27 deadline, then the Scheduling Order shall stand. No attached document Signed by Magistrate Judge Dustin B. Pead on 6/22/2018. (tmb) |
Filing 62 SCHEDULING ORDER: Amended Pleadings due by 10/31/2018. Joinder of Parties due by 10/31/2018. Discovery due by 3/25/2019. Motions due by 4/19/2019. Signed by Magistrate Judge Dustin B. Pead on 6/21/2018. (las) |
Filing 61 MOTION for Scheduling Order and Memorandum in Support of Initial Scheduling Conference filed by Plaintiff Icon Health & Fitness. (Attachments: #1 Text of Proposed Order Exhibit A)(Bergman, Aaron) |
Filing 60 NOTICE of Appearance by Juliette P. White on behalf of David Zachary Carman, ConsumerAffairs.com, Consumers Unified (White, Juliette) |
Filing 59 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 5/8/2018. (las) |
Filing 58 MEMORANDUM DECISION AND ORDER denying #49 Motion for Entry of Judgment under Rule 54(b); denying #53 Motion to Amend and Certify Court's Memorandum Decision for Permissive Appeal to the Tenth Circuit Court of Appeals. Signed by Magistrate Judge Dustin B. Pead on 5/8/2018. (las) |
Filing 57 Plaintiff's REPLY to Response to Motion re #53 Plaintiff's MOTION to Amend and Certify Court's Memorandum Decision for Permissive Appeal to the Tenth Circuit Court of Appeals re #46 Order on Motion to Dismiss for Failure to State a Claim,, Memorandum Decision, and Memorandum in Sup filed by Plaintiff Icon Health & Fitness. (Bergman, Aaron) |
Filing 56 RESPONSE to Motion re #53 Plaintiff's MOTION to Amend and Certify Court's Memorandum Decision for Permissive Appeal to the Tenth Circuit Court of Appeals re #46 Order on Motion to Dismiss for Failure to State a Claim,, Memorandum Decision, and Memorandum in Sup filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Wright, J.) |
Filing 55 Plaintiff's REPLY to Response to Motion re #49 Plaintiff's MOTION for Judgment under Rule 54(b) and Memorandum in Support [Regarding Dkt. 46] filed by Plaintiff Icon Health & Fitness. (Bergman, Aaron) |
Filing 54 RESPONSE to Motion re #49 Plaintiff's MOTION for Judgment under Rule 54(b) and Memorandum in Support [Regarding Dkt. 46] filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Wright, J.) |
Filing 53 Plaintiff's MOTION to Amend and Certify Court's Memorandum Decision for Permissive Appeal to the Tenth Circuit Court of Appeals re #46 Order on Motion to Dismiss for Failure to State a Claim,, Memorandum Decision, and Memorandum in Support filed by Plaintiff Icon Health & Fitness. (Bergman, Aaron) |
Filing 52 Defendants' ANSWER to #34 Amended Complaint filed by David Zachary Carman, ConsumerAffairs.com, Consumers Unified.(Wright, J.) |
Filing 51 NOTICE of Withdrawal of Plaintiff's Motion to Shorten Time by Icon Health & Fitness re #50 Plaintiff's MOTION to Expedite Time Within Which Defendants May File Their Opposition to Plaintiff's Motion for Entry of Final Judgment by Rule 54(B) [Regarding Dkk. 46] and Memorandum in Support (Bergman, Aaron) |
Filing 50 Plaintiff's MOTION to Expedite Time Within Which Defendants May File Their Opposition to Plaintiff's Motion for Entry of Final Judgment by Rule 54(B) [Regarding Dkk. 46] and Memorandum in Support filed by Plaintiff Icon Health & Fitness. (Attachments: #1 Text of Proposed Order Order Granting Motion to Shorten Time)(Bergman, Aaron) |
Filing 49 Plaintiff's MOTION for Judgment under Rule 54(b) and Memorandum in Support [Regarding Dkt. 46] filed by Plaintiff Icon Health & Fitness. (Bergman, Aaron) |
Filing 48 ORDER granting #47 Motion for Extension of Time to Answer re #34 Amended Complaint. Answer deadline updated for David Zachary Carman answer due 3/27/2018; ConsumerAffairs.com answer due 3/27/2018; Consumers Unified answer due 3/27/2018. Signed by Magistrate Judge Dustin B. Pead on 3/20/2018. (las) |
Filing 47 Stipulated MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Attachments: #1 Text of Proposed Order)(Wright, J.) |
Filing 46 MEMORANDUM DECISION AND ORDER granting in part and denying in part #36 Motion to Dismiss for Failure to State a Claim. Plaintiffs claims of defamation, violation of the Utah Unfair Competition Act, violation of Utah Consumer Sales Practices Act, intentional interference with economic relations, and civil RICO are dismissed without prejudice. The remainder of Defendants motion is denied. Signed by Magistrate Judge Dustin B. Pead on 3/6/2018. (las) |
Filing 45 REPLY to Response to Motion re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support regarding Amended Complaint filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Mrazik, Richard) |
Filing 44 Plaintiff's MEMORANDUM in Opposition re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support regarding Amended Complaint filed by Plaintiff Icon Health & Fitness. (Bergman, Aaron) |
Filing 43 NOTICE of Appearance by J. Adam Wright on behalf of David Zachary Carman, ConsumerAffairs.com, Consumers Unified (Wright, J.) |
Filing 42 DOCKET TEXT ORDER denying #41 Motion for Leave to File Over-length Memorandum. The court does not find good cause to relieve Plaintiff from the requirements of D.U. Civ. R. 7-1(b)(2)(A). As the court previously stated in denying Plaintiff's earlier motion seeking identical relief, "the local rules already allow parties to file lengthier memoranda for dispositive motions." See 20 . Plaintiff does not identify any uncommon circumstances in this case. Nonetheless, the court will extend the deadline for the opposition and the reply by seven days to allow Plaintiff time to file a memorandum that complies with the page limitation. Signed by Magistrate Judge Dustin B. Pead on 10/2/2017. No attached document. (jag) |
Filing 41 Plaintiff's MOTION for Leave to File Over-Length Memorandum and Memorandum in Support filed by Plaintiff Icon Health & Fitness. (Attachments: #1 Text of Proposed Order Order Granting Plaintiff's Request for Leave to File Over-Length Memorandum [Dkt. 36])(Bergman, Aaron) |
Filing 40 ORDER granting #39 Motion for Extension of Time to File Response/Reply re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support regarding Amended Complaint. Replies due by 10/26/2017. Signed by Magistrate Judge Dustin B. Pead on 9/22/2017. (las) |
Filing 39 Stipulated MOTION for Extension of Time File opposition to Motion to Dismiss Plaintiff's Amended Complaint With Prejudice (D36) [D36] filed by Plaintiff Icon Health & Fitness. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion for Extension of Time)(Bergman, Aaron) Modified on 9/22/2017 by changing to a Motion for Extension of Time to File Response/Reply (las). |
Filing 38 ORDER granting #37 Motion for Extension of Time to File Response/Reply re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support regarding Amended Complaint Replies due by 10/19/2017. Responses due by 9/25/2017 Signed by Magistrate Judge Dustin B. Pead on 9/15/2017. (las) |
Filing 37 Stipulated MOTION for Extension of Time to File Response/Reply as to #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support regarding Amended Complaint filed by Plaintiff Icon Health & Fitness. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion for Extension of Time)(Bergman, Aaron) |
Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support regarding Amended Complaint filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Mrazik, Richard) |
Filing 35 ERRATA to #34 Amended Complaint filed by Plaintiff Icon Health & Fitness . (Attachments: #1 Exhibit A - Corrected Certificate of Service)(Bergman, Aaron) |
Filing 34 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Icon Health & Fitness. (Bergman, Aaron) |
Filing 33 ORDER granting #32 Motion for Leave to File Amended Complaint. Plaintiff shall have until July 28, 2017, to file an amended complaint and a more definite statement of its Utah Consumer Sales Practices Act claim; and Defendants shall have until August 18, 2017, to respond to any amended complaint filed by Plaintiff. Signed by Magistrate Judge Dustin B. Pead on 7/21/2017. (las) |
Filing 32 Stipulated MOTION to Continue Plaintiff to File Amended Complaint and for Defendants to Respond to Amended Complaint filed by Plaintiff Icon Health & Fitness. (Attachments: #1 Text of Proposed Order)(Bearnson, Bradley) Modified on 7/21/2017 Changed to Motion for leave to file (las). |
Filing 31 ORDER granting #30 Motion for Extension of Time for Plaintiff to file amended complaint and for Defendants to respond to amended complaint. Plaintiff shall have until July 21, 2017, to file an amended complaint and a more definite statement of its Utah Consumer Sales Practice Act Claims. Defendants shall have until August 11, 2017, to respond to any amended complaint. Signed by Magistrate Judge Dustin B. Pead on 07/05/2017. (kpf) |
Filing 30 Stipulated MOTION for Extension of Time for Plaintiff to File Amended Complaint and for Defendants to Respond to Amended Complaint filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion for Extension of Time)(Mrazik, Richard) |
Filing 29 MEMORANDUM DECISION AND ORDER granting in part and denying in part #10 Motion to Dismiss for Failure to State a Claim. The court denies Defendants motion with regard to Plaintiffs Utah Unfair Competition claim. Additionally, the court orders Plaintiff to provide a more definite statement of its Utah Consumer Sales Practices Act claim. Plaintiffs remaining claims are dismissed without prejudice. Plaintiff may file an amended complaint within twenty-one (21) days of the courts order.Further, if Plaintiff fails to provide a more definite statement of its Utah Consumer Sales Practices Act claim within twenty-one (21) days, that claim will also be dismissed. Signed by Magistrate Judge Dustin B. Pead on 6/22/2017. (las) |
Filing 28 REPLY to Response to Motion re #25 Plaintiff's MOTION to Supplement the Record [Dkt 21] With Additional Authority re #21 Memorandum in Opposition to Motion and Memorandum in Support filed by Plaintiff Icon Health & Fitness. (Bergman, Aaron) |
Filing 27 RESPONSE to Motion re #25 Plaintiff's MOTION to Supplement the Record [Dkt 21] With Additional Authority re #21 Memorandum in Opposition to Motion and Memorandum in Support filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Mrazik, Richard) |
Filing 26 REQUEST for Oral Argument re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Icon Health & Fitness. (Bergman, Aaron) |
Filing 25 Plaintiff's MOTION to Supplement the Record [Dkt 21] With Additional Authority re #21 Memorandum in Opposition to Motion and Memorandum in Support filed by Plaintiff Icon Health & Fitness. (Bergman, Aaron) |
Filing 24 REPLY to Response to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Mrazik, Richard) |
Filing 23 ORDER granting #22 Motion for Extension of Time to File Response/Reply re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support. Replies due by 3/8/2017. Signed by Magistrate Judge Dustin B. Pead on 2/17/2017. (las) |
Filing 22 Stipulated MOTION for Extension of Time to File Response/Reply as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Attachments: #1 Text of Proposed Order Order Extending Deadline to File Reply Memorandum)(Mrazik, Richard) |
Filing 21 Plaintiff's MEMORANDUM in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Icon Health & Fitness. (Bergman, Aaron) |
Filing 20 DOCKET TEXT ORDER denying #18 Motion for Leave to File Excess Pages. Plaintiff's primary proffered justification for exceeding the page limitation is that the motion at issue is dispositive, but the local rules already allow parties to file lengthier memoranda for dispositive motions. See D.U. Civ. R. 7-1(a)(3)(A). Plaintiff has not shown that the motion here is unique or complicated enough to justify the request to file an overlength memorandum. Signed by Magistrate Judge Dustin B. Pead on 1/23/2017. No attached document. (jag) |
Filing 19 ORDER granting #17 Motion for Extension of Time to File Response/Reply re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support. Replies due by 2/22/2017. Signed by Magistrate Judge Dustin B. Pead on 1/23/2017. (las) |
Filing 18 Plaintiff's MOTION for Leave to File Excess Pages Regarding Dkt. 10 filed by Plaintiff Icon Health & Fitness. (Attachments: #1 Text of Proposed Order Granting Plaintiff's REquest for Leave to File Overlength Memorandum)(Bergman, Aaron) |
Filing 17 Stipulated MOTION for Extension of Time Plaintiff's Memorandum in Opposition to Defendants' Motion to Dismiss [D10] and Defendants' Reply in Support of Motion to Dismiss [D10] filed by Plaintiff Icon Health & Fitness. (Attachments: #1 Text of Proposed Order Granting Second Stipulated Motion for Extension of Time)(Bergman, Aaron) Modified on 1/23/2017 by changing motion type to Motion for Extension of Time to File Response/Reply (las). |
Filing 16 ORDER granting #15 Motion for Extension of Time to File Response/Reply re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Responses due by 1/20/2017 Signed by Magistrate Judge Dustin B. Pead on 1/18/2017. (las) |
Filing 15 Stipulated MOTION for Extension of Time to File Response/Reply as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Icon Health & Fitness. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion for Extension of Time)(Bergman, Aaron) |
Filing 14 JOINT STATEMENT OF PARTIES/ CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified, Plaintiff Icon Health & Fitness. (Attachments: #1 Consent)(las) |
Filing 13 RECEIVED Consent/Reassignment Form from Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (las) |
Filing 12 DEMAND for Trial by Jury by Plaintiff Icon Health & Fitness. (Bergman, Aaron) |
Filing 11 ORDER granting #9 Motion for Admission Pro Hac Vice of Cameron Altman Stracher for David Zachary Carman,Cameron Altman Stracher for ConsumerAffairs.com,Cameron Altman Stracher for Consumers Unified. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Magistrate Judge Dustin B. Pead on 12/21/2016. (las) |
Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Mrazik, Richard) |
Filing 9 MOTION for Admission Pro Hac Vice of Cameron Stracher , Registration fee $ 250, receipt number 1088-2661638, filed by Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified. (Attachments: #1 Exhibit Pro Hac Application of Cameron Stracher, #2 Exhibit Electronic Registration Form of Cameron Stracher, #3 Text of Proposed Order Proposed Order for Pro Hac Vice Admission)(Mrazik, Richard) |
Filing 8 RECEIVED Consent/Reassignment Form from Plaintiff Icon Health & Fitness. (las) |
Filing 7 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Icon Health & Fitness identifying HF Holdings, Inc. as Corporate Parent. (Bergman, Aaron) |
Filing 6 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant ConsumerAffairs.com identifying ConsumerAffairs.com Holdings, LLC as Corporate Parent. (Mrazik, Richard) |
Filing 5 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Consumers Unified identifying ConsumerAffairs.com Holdings, LLC as Corporate Parent. (Mrazik, Richard) |
Filing 4 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 Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified, Plaintiff Icon Health & Fitness. Form due by 12/28/2016. (dsf) |
Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified, Plaintiff Icon Health & Fitness. (dsf) |
Filing 2 NOTICE OF REMOVAL from First District Court Cache County, case number 160100397, (Filing fee $ 400, receipt number 1088-2656580) filed by Consumers Unified, David Zachary Carman, ConsumerAffairs.com. (Attachments: #1 Exhibit State court complaint, #2 Exhibit Summons to Carman, #3 Exhibit Summons to Consumers Unified, #4 Exhibit Summons to ConsumerAffairs.com, #5 Exhibit Notice of Removal to Federal Court, #6 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (Mrazik, Richard) |
Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Defendants David Zachary Carman, ConsumerAffairs.com, Consumers Unified 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. (dsf) |
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