Stepstone Connect v. Toone
| Stepstone Connect |
| Barry Clark Toone |
| 1:2022cv00143 |
| October 21, 2022 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Cecilia M Romero |
| Trademark |
| None |
Docket Report
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This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.
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Filing 40
DOCKET TEXT ORDER. #12 Motion to Expedite; Motion for Extension of Time are denied as moot. Signed by Judge Howard C. Nielson, Jr. on 12/19/2022.
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Filing 39
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 12/13/22. (dla)
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Filing 38
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. Motions referred to Dustin B. Pead. Signed by Judge Howard C. Nielson, Jr on 12/12/22. (dla)
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| Filing 37 Supplemental REPLY to Response to Motion re #11 Defendant's MOTION to Dismiss filed by Defendant Barry Clark Toone. (Swensen, Lara) |
| Filing 36 Notice VACATING Evidentiary Hearings set for 12/15/2022 and 12/19/2022 before Judge Howard C. Nielson, Jr. (Notice generated by HCN chambers) (mlp) |
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Filing 35
ORDER granting #34 Stipulated Motion for Protective Order. Signed by Judge Howard C. Nielson, Jr. on 11/23/2022.
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| Filing 34 Stipulated MOTION for Protective Order filed by Defendant Barry Clark Toone. (Attachments: #1 Text of Proposed Order Protective)(Stephens, Mitchell) |
| Filing 33 Sur-reply MEMORANDUM in Opposition re #11 Defendant's MOTION to Dismiss filed by Plaintiff Stepstone Connect. (Deiss, Andrew) |
| Filing 32 AFFIDAVIT/DECLARATION of Austin Pederson in Support re #3 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Stepstone Connect. (Deiss, Andrew) |
| Filing 31 AFFIDAVIT/DECLARATION of Thayer Crouse in Support re #3 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Stepstone Connect. (Deiss, Andrew) |
| Filing 30 AFFIDAVIT/DECLARATION of Dylan Dusoe in Support re #3 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Stepstone Connect. (Deiss, Andrew) |
| Filing 29 AFFIDAVIT/DECLARATION of Jonathan Hochman in Support re #3 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Stepstone Connect. (Deiss, Andrew) |
| Filing 28 AFFIDAVIT/DECLARATION of Aaliyah Aguirre in Support re #3 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Stepstone Connect. (Deiss, Andrew) |
| Filing 27 AFFIDAVIT/DECLARATION of Jodi Stratton in Support re #3 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Stepstone Connect. (Deiss, Andrew) |
| Filing 26 AFFIDAVIT/DECLARATION of Mary Kay Kennedy in Support re #3 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Stepstone Connect. (Deiss, Andrew) |
| Filing 25 Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Hearing held on 11/9/2022. The court heard argument on #21 Plaintiff's objections to Defendant's discovery requests. For the reasons stated on the record, the court OVERRULED Plaintiff's objection to Interrogatory Number 7, subject to the conditions that the parties comply with the court's Standard Protective Order and HIPAA, and that Defendant does not attempt contact, directly or indirectly, with any of the identified patients, without leave of the court. For the reasons stated on the record, the court SUSTAINED Plaintiff's objections to Interrogatory Number 8 and Request for Production Number 5. Attorney for Plaintiff: Andrew Deiss, Corey Riley, Sydney Sell, Attorney for Defendant: Lara Swensen. Court Reporter: Kelly Sommerville.(Time Start: 3:15, Time End: 4:15, Room: zoom video.)(mlp) |
| Filing 24 NOTICE of Exhibit B by Barry Clark Toone re #22 Response (NOT to motion) (Stephens, Mitchell) |
| Filing 23 NOTICE OF HEARING: (Notice generated by HCN chambers) Scheduling Conference set for 11/9/2022 at 03:15 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Howard C. Nielson, Jr. (mlp) |
| Filing 22 Defendant's RESPONSE re #21 Notice (Other), filed by Barry Clark Toone. (Attachments: #1 Exhibit A)(Stephens, Mitchell) |
| Filing 21 NOTICE of Objections to Discovery Requests by Stepstone Connect (Deiss, Andrew) |
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Filing 20
DOCKET TEXT ORDER. #18 Defendant's MOTION for Leave to File Overlength Reply Memorandum is GRANTED. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 11/8/22.
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| Filing 19 Defendant's MEMORANDUM in Support re #11 Defendant's MOTION to Dismiss filed by Defendant Barry Clark Toone. (Attachments: #1 Exhibit 1 - Deer Hollow Comp., #2 Exhibit 2 - Spitzer Comp.)(Stephens, Mitchell) |
| Filing 18 MOTION for Leave to File Overlength Reply Memorandum in Support of Motion to Dismiss filed by Defendant Barry Clark Toone. (Attachments: #1 Text of Proposed Order)(Stephens, Mitchell) |
| Filing 17 NOTICE OF HEARING: (Notice generated by HCN chambers) Evidentiary Hearing set for 12/15/2022 at 01:30 PM and/or 12/19/2022 at 09:30 AM in Rm 7.300 before Judge Howard C. Nielson, Jr. (mlp) |
| Filing 16 Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Scheduling Conference held on 10/27/2022. All parties appearing via video conference. Court heard from counsel and set the following deadlines:*Parties to exchange proposed discovery requests no later than November 3, 2022.* Parties to reach agreement regarding scope of discovery or seek judicial resolution of any disputes no later than November 8, 2022.*Parties to provide requested discovery no later than November 15, 2022. *Plaintiff's declarations to be filed no later than November 15, 2022. *Defendant's response to Plaintiff's motion and Defendant's declarations to be filed no later than December 2, 2022.*Plaintiff's reply to be filed no later than December 13, 2022.Hearing set for December 15, 2022 starting at 1:30 and/or December 19, 2022 starting at 9:30. Attorney for Plaintiff: Andrew Deiss, Corey Riley, Sydney Sell, Attorney for Defendant: Mitchell Stephens. Court Reporter: Teena Green. (Time Start: 1:30, Time End: 2:30, Room: zoom video.)(mlp) |
| Filing 15 MEMORANDUM in Opposition re #11 Defendant's MOTION to Dismiss filed by Plaintiff Stepstone Connect. (Sell, Sydney) |
| Filing 14 MEMORANDUM in Opposition re #12 Defendant's MOTION to Expedite Briefing on Motion to Dismiss and Extend MOTION for Extension of Time Deadlines for TRO Briefing filed by Plaintiff Stepstone Connect. (Sell, Sydney) |
| Filing 13 NOTICE OF HEARING: (Notice generated by HCN chambers) Scheduling Conference set for 10/27/2022 at 01:30 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Howard C. Nielson, Jr. (mlp) |
| Filing 12 Defendant's MOTION to Expedite Briefing on Motion to Dismiss and Extend, MOTION for Extension of Time Deadlines for TRO Briefing filed by Defendant Barry Clark Toone. (Swensen, Lara) |
| Filing 11 Defendant's MOTION to Dismiss filed by Defendant Barry Clark Toone. (Attachments: #1 Exhibit A-Stepstone Complaint, #2 Exhibit B-Toone Complaint, #3 Exhibit C-Stepstone Answer, #4 Exhibit D-Toone Lawsuit Docket, #5 Exhibit E-Stepstone Initial Disclosures, #6 Exhibit F-Op. Agreement)(Swensen, Lara) |
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Filing 10
ORDER OF RECUSAL Judge Bruce S. Jenkins recused. Case reassigned to Judge Howard C. Nielson, Jr for all further proceedings. Case Number will now read 1:22-cv-00143-HCN. Signed by Judge Bruce S. Jenkins on 10/24/2022. (jwt)
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| Filing 9 NOTICE of Appearance by Mitchell A. Stephens on behalf of Barry Clark Toone (Stephens, Mitchell) |
| Filing 8 Case Reassigned to Judge Bruce S. Jenkins. Magistrate Judge Cecilia M. Romero no longer assigned to the case. Case number will now read 1:22-cv-00143-BSJ. Please make changes to document captions accordingly. (mh) |
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Filing 7
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Based upon the procedural posture of this case, the pending #3 Motion for Temporary Restraining Order and the need to decide this motion in a judicious and timely manner, the undersigned orders that this case be reassigned to a district judge through random reassignment. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 10/24/2022. (jfm)
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| Filing 6 NOTICE of Appearance by Lara A. Swensen on behalf of Barry Clark Toone (Swensen, Lara) |
| Filing 5 Summons Issued Electronically as to Barry Clark Toone. 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. (ks) |
| Filing 4 Modification of Docket: Error: Complaint filed against plaintiffs. Correction: Docket text has been modified to reflect complaint is filed against defendants rather than plaintiff, answer record corrected. re #2 Complaint, (ks) |
| Filing 3 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Stepstone Connect. (Attachments: #1 Text of Proposed Order Proposed TRO, #2 Affidavit Declaration of SherryAnn Quindley, #3 Affidavit Declaration of Michael Higgins, #4 Affidavit Declaration of Rotem Moshe, #5 Affidavit Declaration of Nicolette Pessetto)(Riley, Corey) |
| Filing 2 COMPLAINT against Barry Clark Toone Stepstone Connect (Filing fee $ 402, receipt number AUTDC-4482665) filed by Stepstone Connect. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Cecilia M. Romero (Riley, Corey) Modified on 10/21/2022 to reflect the correct defendant (ks). |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Plaintiff Stepstone Connect is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402. 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. (ks) |
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| Plaintiff: Stepstone Connect | |
| Represented By: | Andrew G. Deiss |
| Represented By: | Corey Drew Riley |
| Represented By: | Sydney Jo Sell |
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| Defendant: Barry Clark Toone | |
| Represented By: | Mitchell A. Stephens |
| Represented By: | Lara A. Swensen |
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