Shimizu Chemical Corporation of Japan v. Capstone Nutrition Holdings LLC et al
Plaintiff: Shimizu Chemical Corporation of Japan
Defendant: Capstone Nutrition Holdings LLC and Cornerstone Research & Development Inc.
Case Number: 1:2023cv00109
Filed: October 2, 2023
Court: US District Court for the District of Utah
Presiding Judge: Bruce S Jenkins
Referring Judge: Jill N Parrish
2 Judge: Dustin B Pead
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal- Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2023 Opinion or Order Filing 16 DOCKET TEXT ORDER granting #15 Motion for Extension of Time to File Response as to #6 MOTION to Dismiss for Lack of Jurisdiction. Response due by 12/21/2023. Signed by Judge Jill N. Parrish on 12/6/23. (ksb)
December 5, 2023 Filing 15 Stipulated MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiff Shimizu Chemical Corporation of Japan. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Snow, John)
November 30, 2023 Opinion or Order Filing 14 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 11/30/2023. (haa)
November 29, 2023 Opinion or Order Filing 13 ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 11/29/2023. (lwh)
November 21, 2023 Filing 12 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 Defendants Capstone Nutrition Holdings LLC, Cornerstone Research & Development Inc., Plaintiff Shimizu Chemical Corporation of Japan. (Notice generated by Clerk's Office) Form due by 12/12/2023. (mh)
November 21, 2023 Opinion or Order Filing 11 CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 11/21/2023. (lwh)
November 20, 2023 Opinion or Order Filing 10 DOCKET TEXT ORDER granting #8 Motion for Extension of Time to File Response as to #6 MOTION to Dismiss for Lack of Jurisdiction. Response due by 12/7/2023. Signed by Judge Jill N. Parrish on 11/20/23. (ksb)
November 20, 2023 Filing 9 Consistent with General Order 23-011 and DUCivR 83-2, this case is randomly reassigned to Judge Jill N. Parrish. Judge Bruce S. Jenkins no longer assigned to the case. Case number will now read 1:23cv00109-JNP. Please make changes to document captions accordingly. (jrj)
November 15, 2023 Filing 8 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiff Shimizu Chemical Corporation of Japan. (Attachments: #1 Text of Proposed Order) Attorney Jason M. Kerr added to party Shimizu Chemical Corporation of Japan(pty:pla)(Kerr, Jason)
October 10, 2023 Filing 7 ANSWER to Complaint (Notice of Removal #1 ) (Rule 8(b)(3) General Answer) and Denial of the Complaint filed by Cornerstone Research & Development Inc.. (Mackay, John)
October 10, 2023 Filing 6 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Capstone Nutrition Holdings LLC. (Attachments: #1 Exhibit A. Declaration of T. Fleming ISO Motion to Dismiss Complaint)(Mackay, John)
October 3, 2023 Filing 5 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 Defendants Capstone Nutrition Holdings LLC, Cornerstone Research & Development Inc.. (Notice generated by Clerk's Office) Form due by 10/24/2023. (sg)
October 3, 2023 Filing 4 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Terrence J. Fleming and Samuel M. Andre for Capstone Nutrition Holdings LLC, Cornerstone Research & Development Inc. (sg)
October 3, 2023 Filing 3 NOTICE OF INELIGIBLE ATTORNEY -Attorney Jason Kerr and John P. Snow, for Plaintiff Shimizu Chemical Corporation of Japan, has been notified that he/she is not in active status and can not practice before this court. (sg)
October 3, 2023 Filing 2 NOTICE FROM THE COURT re #1 Notice of Removal. Attorney selected the incorrect division when creating the case. Case 2:23-cv-00697 will be closed and all pleadings will be transferred to case 1:23-cv-00109. (sg)
October 3, 2023 Judge Bruce S. Jenkins added. Case number will now read 1:23-cv-00109-BSJ. Please make changes to document captions accordingly. (sg)
October 2, 2023 Filing 1 NOTICE OF REMOVAL from 2nd District Court Davis County, case number 230905058, (Filing fee $ 402, receipt number AUTDC-4828239) filed by Cornerstone Research & Development Inc., Capstone Nutrition Holdings LLC. (Attachments: #1 Exhibit A- Summons and Complaint, #2 Exhibit B-State Court Notice of Removal, #3 Exhibit C-State Court Docket, #4 Civil Cover Sheet Civil Coversheet) (Mackay, John) (sg).

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Plaintiff: Shimizu Chemical Corporation of Japan
Represented By: John P. Snow
Represented By: Jason M. Kerr
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Defendant: Capstone Nutrition Holdings LLC
Represented By: John W. Mackay
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Defendant: Cornerstone Research & Development Inc.
Represented By: John W. Mackay
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