Elite Autos LLC v. Sparks Motors
| Elite Autos LLC |
| Sparks Motors |
| 1:2020cv00126 |
| September 29, 2020 |
| US District Court for the District of Utah |
| Dale A Kimball |
| Daphne A Oberg |
| Cecilia M Romero |
| Contract: Other |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2020. A more recent docket listing may be available from PACER.
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Filing 45
ORDER granting #44 Stipulated Motion for Extension of Time. The time for Plaintiff to file an amended complaint is extended to 11/30/2020. Defendant shall respond to that amended complaint within 21 days after it is filed. The deadline for the parties to meet and confer and inform the court about the status of a proposed scheduling is extended to 12/21/2020. The deadline for each party to serve initial disclosures is extended to 12/21/2020. Signed by Magistrate Judge Cecilia M. Romero on 11/2/2020. (eat)
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| Filing 44 Stipulated MOTION for Extension of Time to Amend Complaint, Respond to Complaint, and Submit Proposed Schedule and Memorandum in Support filed by Plaintiff Elite Autos LLC. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Menssen, Michael). Added MOTION for Extension of Time to File Answer on 10/30/2020 (eat). |
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Filing 43
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 10/14/2020. (eat)
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| Filing 42 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 Dale A. Kimball. Magistrate Judge Daphne A. Oberg no longer assigned to the case. (alf) |
| Filing 41 RECEIVED Consent/Reassignment Form from Plaintiff Elite Autos LLC. (alf) |
| Filing 40 RECEIVED Consent/Reassignment Form from Defendant Sparks Motors. (alf) |
| Filing 39 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 Plaintiff Elite Autos LLC, Defendant Sparks Motors. Form due by 10/26/2020. (alf) |
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Filing 38
ORDER granting #36 Motion to Amend/Correct. Plaintiff to file amended complaint by 11/2/20. Defendant will have until November 23, 2020 to respond to that amended complaint. Signed by Magistrate Judge Daphne A. Oberg on 10/8/20. (alf)
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Filing 37
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within fourteen (14) days. See order for additional instructions. Signed by Magistrate Judge Daphne A. Oberg on 10/8/20. (alf)
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| Filing 36 Stipulated MOTION to Amend/Correct #2 Complaint and Set Time to Respond to Complaint filed by Plaintiff Elite Autos LLC. (Attachments: #1 Text of Proposed Order)(Menssen, Michael) |
| Filing 35 NOTICE of Appearance by Jon F. Pfeifer on behalf of Sparks Motors (Pfeifer, Jon) |
| Filing 34 NOTICE of Appearance by Cole S. Cannon on behalf of Sparks Motors (Cannon, Cole) |
| Filing 33 NOTICE of Appearance by Cole S. Cannon on behalf of Sparks Motors (Cannon, Cole) |
| ANSWER DEADLINE UPDATED for Sparks Motors- Plaintiff's have until 11/2/20 to file amended complaint, answer to that amended complaint due 11/23/2020 per order #38 . (alf) |
| Filing 32 NOTICE of Appearance by Chaunceton Blaine Bird on behalf of Elite Autos LLC (Bird, Chaunceton) |
| Filing 31 NOTICE of Appearance by Michael Richard Menssen on behalf of Elite Autos LLC (Menssen, Michael) |
| Filing 30 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Daniel D. Ford, Joshua Sanford, for Defendant Sparks Motors (rks) |
| Filing 29 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney James F. Gramling, Jr., Justin Parkey, Kevin Wayne Cole, for Plaintiff Elite Autos LLC (Attachments: #1 PHV Parkey, Cole) (rks) |
| Filing 28 Case transferred in from USDC of Arkansas Eastern; Case Number 3:19-cv-00361. Original file, certified copy of transfer order and docket sheet received. Assigned to Magistrate Judge Daphne A. Oberg. |
| Filing 27 NOTICE OF DOCKET CORRECTION re #26 Order. CORRECTION: The original document was submitted in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added to #26 and hereto for service/review by the parties. (kbc) [Transferred from Arkansas Eastern on 9/29/2020.] |
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Filing 26
ORDER determining that the Court cannot constitutionally assert personal jurisdiction over Sparks Motors. However, instead of dismissing the case, the Court will transfer the case to the U.S. District Court for the District of Utah. Sparks Motors's #18 Motion to dismiss is granted in part and denied in part. The Clerk of the Court is directed to transfer the entire case file to the District of Utah. Signed by Judge Lee P. Rudofsky on 8/28/2020. (jak) Additional attachment added on 8/31/2020: #1 Main Document - Correct. (kbc) [Transferred from Arkansas Eastern on 9/29/2020.]
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| Filing 25 RESPONSE re 23 Order,, by Elite Autos LLC (Cole, Kevin) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 24 BRIEF filed by Sparks Motors LLC re 23 Order,, (Sanford, Joshua) [Transferred from Arkansas Eastern on 9/29/2020.] |
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Filing 23
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. The Court has the following question for the parties. If the Court determines it does not have personal jurisdiction over Defendant with respect to any of the claims presented, should the Court (1) dismiss the case or (2) transfer the case to the federal district court in Utah? On or before August 20, 2020, each party should submit a brief of no more than two pages answering that question. Signed by Judge Lee P. Rudofsky on 08/15/2020. (bgr) [Transferred from Arkansas Eastern on 9/29/2020.]
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| Filing 22 DECLARATION of Hans Peterson by Sparks Motors LLC. re #20 Order,,, Set Deadlines,,. (Attachments: #1 Exhibit A - Declaration of Hans Peterson, #2 Exhibit B - Supporting Documentation)(Sanford, Joshua) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 21 DECLARATION of Shelby Smith in Response to the Court's May 29, 2020 Order by Elite Autos LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cole, Kevin) [Transferred from Arkansas Eastern on 9/29/2020.] |
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Filing 20
ORDER to help with the jurisdictional determination, the Court directs the parties to address the questions contained within this Order. If the parties can stipulate to the facts that answer these questions, they should provide a joint stipulation on or before 6/12/2020. If the parties cannot stipulate to the facts that answer these questions, the Court directs each party to provide a supplemental affidavit or declaration from a fact witness that can provide these factual answers. Signed by Judge Lee P. Rudofsky on 5/29/2020. (jak) [Transferred from Arkansas Eastern on 9/29/2020.]
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| Filing 19 RESPONSE in Opposition re #18 Amended MOTION to Dismiss for Lack of Jurisdiction filed by Elite Autos LLC. (Attachments: #1 Exhibit 1)(Cole, Kevin) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 18 Amended MOTION to Dismiss for Lack of Jurisdiction by Spark Motors LLC (Attachments: #1 Exhibit A - Declaration of Dave Sparks)(Sanford, Joshua) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 17 RESPONSE in Opposition re #5 MOTION to Dismiss for Lack of Jurisdiction filed by Elite Autos LLC. (Attachments: #1 Exhibit 1)(Cole, Kevin) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 16 AMENDED COMPLAINT Second Amended Complaint with Jury Demand against Spark Motors LLC, filed by Elite Autos LLC (Attachments: #1 Exhibit A)(Cole, Kevin) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 15 Corporate Disclosure Statement (Rule 7.1) by Spark Motors LLC (Sanford, Joshua) [Transferred from Arkansas Eastern on 9/29/2020.] |
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Filing 14
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #10 Plaintiff's Unopposed Motion for Extension of Time to respond to Defendant's #5 Motion to Dismiss. Plaintiff's response is due on, or before, January 21, 2020, at 5:00 p.m. Signed by Judge Lee P. Rudofsky on 01/02/2020.(kla) [Transferred from Arkansas Eastern on 9/29/2020.]
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| Filing 13 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on #11 Order, the Clerk's office has reassigned the case to Judge Lee P. Rudofsky. (jak) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 12 NOTICE OF DOCKET CORRECTION re #11 Order of Recusal. CORRECTION: The original document was attached in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #11 and is attached hereto for service on the parties.(jak) [Transferred from Arkansas Eastern on 9/29/2020.] |
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Filing 11
ORDER of Recusal. The Clerk must reassign this case at random by chip exchange. Signed by Chief Judge D. P. Marshall Jr. on 1/2/2020. (jak) (Additional attachment(s) added on 1/2/2020: #1 Main Document - Correct) (jak). [Transferred from Arkansas Eastern on 9/29/2020.]
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss for Lack of Jurisdiction by Elite Autos LLC (Cole, Kevin) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 9 Corporate Disclosure Statement (Rule 7.1) by Elite Autos LLC (Cole, Kevin) (Docket entry modified on 12/31/2019 to correct the description.)(cmn) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 8 NOTICE of Appearance by Justin Parkey on behalf of Elite Autos LLC (Parkey, Justin) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 7 NOTICE of Appearance by Kevin Wayne Cole on behalf of Elite Autos LLC (Cole, Kevin) [Transferred from Arkansas Eastern on 9/29/2020.] |
| NOTICE OF DOCKET CORRECTION re #9 Unopposed Motion. CORRECTION: The docket text was modified to correct the description as follows, "Corporate Disclosure Statement (Rule 7.1) by Elite Autos LLC" as marked on the document. (cmn) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 6 BRIEF IN SUPPORT re #5 Motion to Dismiss/Lack of Jurisdiction filed by Spark Motors LLC. (Attachments: #1 Exhibit A - Declaration of Dave Sparks)(Sanford, Joshua) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction by Spark Motors LLC (Sanford, Joshua) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 4 NOTICE by Spark Motors LLC -- Supplement to Notice of Removal (Attachments: #1 Exhibit A - Amended Complaint)(Sanford, Joshua) [Transferred from Arkansas Eastern on 9/29/2020.] |
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Filing 3
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Please file notice, joint or separate, by 3 January 2020 with particulars about the citizenship of each LLC's members. GMAC Commercial Credit LLC v. Dillard Department Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004). Signed by Chief Judge D. P. Marshall Jr. on 12/16/2019. (slb) [Transferred from Arkansas Eastern on 9/29/2020.]
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| Filing 2 COMPLAINT against Spark Motors LLC filed by Elite Autos LLC.(ajt) [Transferred from Arkansas Eastern on 9/29/2020.] |
| Filing 1 NOTICE OF REMOVAL by Spark Motors LLC from Craighead County Circuit Court, case number 16JCV-19-1245. Fee $400 paid, receipt number LIT075228. (Attachments: #1 Civil Cover Sheet)(ajt) [Transferred from Arkansas Eastern on 9/29/2020.] |
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| Defendant: Sparks Motors | |
| Represented By: | Jon F. Pfeifer |
| Represented By: | Cole S. Cannon |
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| Plaintiff: Elite Autos LLC | |
| Represented By: | Chaunceton Blaine Bird |
| Represented By: | Michael Richard Menssen |
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