Tracy v. Ray, Quinney and Nebeker et al
| James K. Tracy |
| Nathan Jepson and Ray, Quinney, & Nebeker PC |
| 1:2025cv00020 |
| February 18, 2025 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2025. A more recent docket listing may be available from PACER.
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| DOCKET TEXT ORDER. The court construes #24 Plaintiff's Motion to Voluntarily Withdraw the Suit as a notice of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). No judicial order is required to effect the dismissal. Case closed. Magistrate Judge Daphne A. Oberg no longer assigned to case. (dle) |
| Filing 24 MOTION to Voluntarily Dismiss (Withdraw) Case, filed by Plaintiff James K. Tracy. Motions referred to Daphne A. Oberg. (dle) |
Filing 23
DOCKET TEXT ORDER granting #17 Motion for Leave to File Documents Under Seal. Defendants move to seal Exhibits K, L, M, and N to their #15 Opposition to Plaintiff's #2 Motion for Preliminary Injunction. Defendants argue these exhibits contain Plaintiff's personally identifiable information, and confidential business information. Plaintiff did not respond to the motion. Where the court did not rely on these exhibits in the #22 Report and Recommendation to Deny Plaintiff's Motion for Preliminary Injunction, the public interest in access to the exhibits is outweighed by the parties' confidentiality interests at this stage. Accordingly, the exhibits (filed under seal at Doc. Nos. 19-1, 19-2, 19-3, and 19-4) shall remain sealed until otherwise ordered. This ruling may be revisited if the documents are later relied on to determine the parties' substantive legal interests. Signed by Magistrate Judge Daphne A. Oberg on 3/26/2025. No attached document. (gdr)
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| Filing 22 REPORT AND RECOMMENDATIONS re #2 MOTION for Preliminary Injunction: Magistrate Judge recommends that motion be denied. Signed by Magistrate Judge Daphne A. Oberg on 3/13/25 (alt) |
| Filing 21 Minute Entry for proceedings held before Magistrate Judge Daphne A. Oberg: Motion Hearing held on 3/12/2025 re #2 MOTION for Preliminary Injunction filed by James K. Tracy. All parties are present via zoom. The court hears argument from the parties. Based on the parties' stipulation, the court orders that (1) Ray Quinney & Nebeker P.C. shall be substituted in place of the defendant incorrectly named in the complaint as "Ray, Quinney, & Nebeker, P.L.L.C.," and (2) both defendants' deadline to answer or otherwise respond to the complaint shall be April 2, 2025. The court takes the motion under advisement and will issue a written ruling as soon as possible. Attorney for Plaintiff: James Tracy (Pro Se), Attorney for Defendant: Paul Burke. Court Reporter: Michelle Gonsalves.(Time Start: 2:00, Time End: 2:28, Room Zoom.)(lam) |
| Filing 20 REPLY Brief in Support of #2 MOTION for Preliminary Injunction, filed by Plaintiff James K. Tracy. (dle) |
| Filing 19 **SEALED DOCUMENT** re #16 Exhibits,, filed by Defendants Nathan Jepson, Ray, Quinney and NebekerNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Tracy Letter dated October 17, 2024, #2 Exhibit RQN Letter dated October 25, 2024, #3 Exhibit Payoff Statement, #4 Exhibit RQN Letter Dated February 12, 2022)(Burke, Paul) |
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Filing 18
AMENDED ORDER Setting Zoom Hearing on Motion #2 MOTION for Preliminary Injunction : Motion hearing set for 3/12/25 at 2:00 PM via Zoom before Magistrate Judge Daphne A. Oberg. Zoom information will be emailed to the parties. Call-in instructions for public access to the hearing will be posted on the court calendar the day before the hearing. Plaintiff may file a reply in support of his motion no later than March 11, 2025 at 11:59 p.m. Signed by Magistrate Judge Daphne A. Oberg on 3/10/2025. (lam)
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| Filing 17 MOTION to Seal Document #16 Exhibits,, K, L, M and N filed by Defendants Nathan Jepson, Ray, Quinney and Nebeker. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Burke, Paul) |
| Filing 16 EXHIBITS filed by Nathan Jepson, Ray, Quinney and Nebeker re #15 Memorandum in Opposition to Motion,. (Attachments: #1 Exhibit Letter of Credit from James Tracy, #2 Exhibit Declaration of Spencer Hansen, #3 Exhibit Trust Deed Note, #4 Exhibit Trust Deed, #5 Exhibit Substitution of Trustee, #6 Exhibit Declaration of Nathan Jepson, #7 Exhibit Notice of Default, #8 Exhibit Notice of Trustee Sale, #9 Exhibit Quit Claim Deed, #10 Exhibit Second Deed of Trust, #11 Exhibit Tracy Letter dated October 17, 2024, #12 Exhibit RQN Letter dated October 25, 2024, #13 Exhibit Payoff Statement, #14 Exhibit RQN Letter dated February 12, 2022)(Burke, Paul) |
| Filing 15 MEMORANDUM in Opposition re #2 MOTION for Preliminary Injunction filed by Defendants Nathan Jepson, Ray, Quinney and Nebeker. Attorney Paul C. Burke added to party Nathan Jepson(pty:dft), Attorney Paul C. Burke added to party Ray, Quinney and Nebeker(pty:dft)(Burke, Paul) |
| Filing 14 NOTICE OF FILING of Notice of Hearing, Certificate of Service re 13 Order Setting Hearing on Motion, filed by Plaintiff James K. Tracy. (dle) |
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Filing 13
ORDER Setting Hearing on Motion #2 MOTION for Preliminary Injunction : Motion Hearing set for 3/11/25 at 2:00 PM courtroom 7.400 before Magistrate Judge Daphne A. Oberg. Plaintiff is ordered to provide notice of the hearing to Defendants, and to file a certification regarding the steps taken to give notice. Signed by Magistrate Judge Daphne A. Oberg on 3/7/2025. (lam)
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| Filing 12 EMERGENCY REQUEST to Submit for Decision re #2 Motion for Preliminary Injunction, filed by Plaintiff James K. Tracy. (Attachments: #1 Text of Proposed Order) (dle) |
| Filing 11 SUMMONS Returned Executed Filed by James K. Tracy. Summons as to Ray, Quinney and Nebeker. (dle) |
| Filing 10 SUMMONS Returned Executed Filed by James K. Tracy. Summons as to Nathan Jepson. (dle) |
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Filing 9
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 02/20/2025. (sg)
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Filing 8
ORDER REFERRING MOTION #2 MOTION for Preliminary Injunction filed by James K. Tracy under a (b)(1)(B) referral. Motions referred to Daphne A. Oberg. Signed by Judge Howard C. Nielson, Jr., on 2/20/2025. (mlp)
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Filing 7
ORDER OF RECUSAL Magistrate Judge Jared C. Bennett recused. Case reassigned to Magistrate Judge Daphne A. Oberg for all further proceedings. Motions referred to Daphne A. Oberg. Signed by Magistrate Judge Jared C. Bennett on 2/19/25. (dle)
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Filing 6
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(B), Magistrate Judge to handle case up to and including R&R on all dispositive matters. No attached document. Motions referred to Jared C. Bennett. Signed by Judge Howard C. Nielson, Jr on 2/19/25. (dle)
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| Filing 5 NOTICE of Email Filing and Notification Form by James K. Tracy (kec) |
| Filing 4 Summons Issued as to Nathan Jepson. (kec) |
| Filing 3 Summons Issued as to Ray, Quinney and Nebeker. (kec) |
| Filing 2 MOTION for Preliminary Injunction filed by Plaintiff James K. Tracy. (kec) |
| Filing 1 COMPLAINT against Nathan Jepson, Ray, Quinney and Nebeker (Filing fee $ 405, receipt number 9023) filed by James K. Tracy. (Attachments: #1 Civil Cover Sheet ) Assigned to Judge Howard C. Nielson, Jr (kec) |
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