Su v. Ascent Construction et al
Plaintiff: Julie A. Su
Defendant: Ascent Construction Inc Employee Stock Option Plan, Ascent Construction and Bradley L. Knowlton
Case Number: 1:2023cv00047
Filed: April 19, 2023
Court: US District Court for the District of Utah
Presiding Judge: Daphne A Oberg
Referring Judge: Ted Stewart
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1104 Recovery of Benefits to Employee
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2023 Opinion or Order Filing 31 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Exhibit Proposed ESI and Privilege Protocol)(Ahumada, Adriana)
June 13, 2023 Opinion or Order Filing 30 REPLY to Response to Motion re #12 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Julie A. Su. (Attachments: #1 Affidavit EBSA Investigator Peter Thai, #2 Exhibit AA to FF, #3 Affidavit Attorney Adriana Ahumada, #4 Supplement Compendium of Unpublished Cases, #5 Affidavit Ron Bagley)(Ahumada, Adriana)
June 13, 2023 Opinion or Order Filing 29 NOTICE OF HEARING ON MOTION re: #12 MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by Chambers (rlr)). Motion Hearing set for 6/27/2023 at 09:00 AM in Rm 8.300 before Judge Ted Stewart. (rlr)
June 1, 2023 Opinion or Order Filing 28 ANSWER to Complaint filed by Ascent Construction, Ascent Construction Inc Employee Stock Option Plan, Bradley L. Knowlton.(Pritchett, Bruce)
May 31, 2023 Opinion or Order Filing 27 MEMORANDUM in Opposition re #12 MOTION for Preliminary Injunction and Memorandum in Support (Corrected) filed by Defendants Ascent Construction, Ascent Construction Inc Employee Stock Option Plan, Bradley L. Knowlton. (Attachments: #1 Exhibit A Declaration of Brad Knowlton, #2 Exhibit B Order Staying Proceedings)(Pritchett, Bruce)
May 31, 2023 Opinion or Order Filing 26 NOTICE OF DEFICIENCY re #25 Memorandum in Opposition to Motion. The document contains unrelated matter in the briefing. Therefor, counsel to correct and refile. The new pleading will receive a new document number on the docket. (mh)
May 30, 2023 Opinion or Order Filing 25 MEMORANDUM in Opposition re #12 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendant Ascent Construction Inc Employee Stock Option Plan. (Pritchett, Bruce)
May 24, 2023 Opinion or Order Filing 24 ORDER granting in part and denying in part #23 Motion for Extension of Time to Answer. Defendants to answer or otherwise respond to the #1 Complaint and to file a response to the #12 Motion for Preliminary Injunction to no later than May 30, 2023. However, if Plaintiff chooses to file a reply, the Court orders that pursuant to DUCivR 7-1(4)(C), it be filed no later than June 13, 2023. Signed by Judge Ted Stewart on 5/24/2023. (mh)
May 23, 2023 Opinion or Order Filing 23 Stipulated MOTION for Extension of Time to File Answer and Memorandum in Support and for Extension to Respond to ECF #12 Motion for Preliminary Injunction filed by Defendants Ascent Construction, Ascent Construction Inc Employee Stock Option Plan, Bradley L. Knowlton. (Attachments: #1 Text of Proposed Order Granting Extension) Motions referred to Daphne A. Oberg.(Pritchett, Bruce)
May 23, 2023 Opinion or Order Filing 22 NOTICE of Appearance by Jonathan R. Rudd on behalf of Ascent Construction, Bradley L. Knowlton (Rudd, Jonathan)
May 23, 2023 Opinion or Order Filing 21 NOTICE of Appearance by Bruce M. Pritchett, Jr on behalf of Ascent Construction, Ascent Construction Inc Employee Stock Option Plan, Bradley L. Knowlton (Pritchett, Bruce)
May 23, 2023 Opinion or Order Filing 20 DOCKET TEXT ORDER granting #17 Plaintiff's Motion to Seal Documents. Plaintiff seeks to seal Doc. No. 12-3, containing Exhibits B through Z to #12 Plaintiff's Motion for Preliminary Injunction, and Doc. No. 15, a version of the same exhibits with incomplete redactions, because all these exhibits include unredacted account numbers. Plaintiff filed properly redacted versions of these exhibits at Doc. No. 16. For good cause, Plaintiff's motion to seal is granted, and Doc. Nos. 12-3 and 15 shall be sealed. Signed by Magistrate Judge Daphne A. Oberg on 5/23/2023. No attached document. (med)
May 4, 2023 Opinion or Order Filing 19 Remark re #18 Notice of Nonelectronic Filing: The exhibits M and N were submitted on flash drives. The drives' content was not entered on the docket due to file type (audio) and will be retained in a case file folder in the Clerk's Office while the case is active and according to the retention schedule set forth by the Judicial Conference thereafter. (mh)
May 3, 2023 Opinion or Order Filing 18 NOTICE OF NONELECTRONIC FILING of Exhibits M and N filed by Plaintiff Julie A. Su re #12 MOTION for Preliminary Injunction and Memorandum in Support (Ahumada, Adriana)
May 3, 2023 Opinion or Order Filing 17 MOTION to Seal Document #12 MOTION for Preliminary Injunction and Memorandum in Support , 15 Exhibits, 13 Modification of Docket, 14 Order, filed by Plaintiff Julie A. Su. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Ahumada, Adriana)
May 3, 2023 Opinion or Order Filing 16 EXHIBITS filed by Julie A. Su re #12 MOTION for Preliminary Injunction and Memorandum in Support . (Ahumada, Adriana)
May 3, 2023 Opinion or Order Filing 14 DOCKET TEXT ORDER Plaintiff requested that the clerk seal Docket No. 12-3. The clerk temporarily sealed the document pending a Court order. Pursuant to DUCivR 5-3, Plaintiff must file a Motion for Leave to File Under Seal for Docket No. 12-3 to remain sealed. Failure to do so will result in the document being unsealed. No attached document Signed by Judge Ted Stewart on 5/3/2023. (gb)
May 3, 2023 Opinion or Order Filing 13 Modification of Docket re #12 MOTION for Preliminary Injunction and Memorandum in Support : Entry 12-3 has been temporarily sealed per counsel's request until further order from the court. (mh)
May 2, 2023 Opinion or Order Filing 12 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Julie A. Su. (Attachments: #1 Affidavit Declaration of Peter Thai, #2 Exhibit Exhibit A, #3 Exhibit Exhibits B through Z, #4 Affidavit Declaration of Attorney Ahumada, #5 Text of Proposed Order)(Ahumada, Adriana) Modified by temporarily sealing 12-3 until further orders from the court on 5/3/2023 (mh).
May 2, 2023 Opinion or Order Filing 11 SUMMONS Returned Executed by Julie A. Su as to Ascent Construction Inc Employee Stock Option Plan served on 4/28/2023, answer due 5/19/2023. (Ahumada, Adriana)
May 2, 2023 Opinion or Order Filing 10 SUMMONS Returned Executed by Julie A. Su as to Bradley L. Knowlton served on 4/28/2023, answer due 5/19/2023. (Ahumada, Adriana)
May 2, 2023 Opinion or Order Filing 9 SUMMONS Returned Executed by Julie A. Su as to Ascent Construction served on 4/28/2023, answer due 5/19/2023. (Ahumada, Adriana)
April 26, 2023 Opinion or Order Filing 8 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 4/26/2023. (mh)
April 25, 2023 Opinion or Order Filing 7 ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A). Magistrate to hear and determine all nondispositive pretrial matters. Signed by Judge Ted Stewart on 4/25/2023. (cg)
April 19, 2023 Opinion or Order Filing 6 Summons Issued Electronically as to Ascent Construction Inc Employee Stock Option Plan. 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)
April 19, 2023 Opinion or Order Filing 5 Summons Issued Electronically as to Ascent Construction. 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)
April 19, 2023 Opinion or Order Filing 4 Summons Issued Electronically as to Bradley L. Knowlton. 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)
April 19, 2023 Opinion or Order Filing 3 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Julie A. Su. (Notice generated by Court) Form due by 5/10/2023. (ks)
April 19, 2023 Opinion or Order Filing 2 NOTICE FROM THE COURT re #1 Complaint. Attorney selected the incorrect division when creating the case. Case 2:23-cv-00250 will be closed and all pleadings will be transferred to case 1:23-cv-00047. Case number will now read 1:23-cv-00047. Please make changes to document captions accordingly. (ks)
April 19, 2023 Opinion or Order Filing 1 COMPLAINT against All Defendants No Fee Required - US Government filed by Julie A. Su Acting Secretary of Labor, U.S. Department of Labor. (Attachments: #1 Civil Cover Sheet) (Ahumada, Adriana)
April 19, 2023 Opinion or Order Judge Ted Stewart added. Case number will now read 1:23-CV-00047-TS. Please make changes to document captions accordingly. (ks)

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Plaintiff: Julie A. Su
Represented By: Adriana Eugenia Ahumada
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Defendant: Ascent Construction Inc Employee Stock Option Plan
Represented By: Bruce M. Pritchett, Jr
Represented By: Jonathan R. Rudd
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Defendant: Ascent Construction
Represented By: Bruce M. Pritchett, Jr
Represented By: Jonathan R. Rudd
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Defendant: Bradley L. Knowlton
Represented By: Bruce M. Pritchett, Jr
Represented By: Jonathan R. Rudd
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