HCG Platinum v. Preferred Product Placement
Plaintiff: HCG Platinum
3Rd Party Defendant: Right Way Nutrition, Kevin Wright, Ty Mattingly, Annette Wright, Weekes Holdings, Julie C. Mattingly and Primary Colors
3Rd Party Plaintiff: Preferred Product Placement
Case Number: 2:2011cv00496
Filed: June 1, 2011
Court: US District Court for the District of Utah
Office: Central Office
County: Utah
Presiding Judge: Clark Waddoups
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 8, 2021 Opinion or Order Filing 210 REPLY to Response to Motion re #200 MOTION Clarification or Leave to Amend and Memorandum in Support of Motion filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Schutzman, Scott)
January 6, 2021 Opinion or Order Filing 209 REPLY to Response to Motion re #203 MOTION for Summary Judgment and Memorandum in Support by HCG Parties filed by Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Mellem, Alissa)
December 23, 2020 Opinion or Order Filing 208 MEMORANDUM in Opposition re #203 MOTION for Summary Judgment and Memorandum in Support by HCG Parties filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Attachments: #1 Appendix of Evidence iso Opposition to Motion for Summary Judgment; Declaration of Scott E. Schutzman; Exhibits 1 to 7, #2 Appendix of Evidence iso Opposition to Motion for Summary Judgment; Exhibits 8 to 10, #3 Appendix of Evidence iso Opposition to Motion for Summary Judgment; Exhibits 11 to 12j: Declaration of Ronald Solomon)(Schutzman, Scott)
December 18, 2020 Opinion or Order Filing 207 ORDER granting #206 Motion for Extension of Time to File Reply re #200 MOTION Clarification or Leave to Amend and Memorandum in Support of Motion. Reply to HCG and Third Parties' Opposition to PPPC's Motion for Clarification or in the alternative, Motion for Leave to Amend (Dkt. 200) is extended up to and including January 8, 2021. Signed by Judge Clark Waddoups on 12/18/2020. (lnp)
December 17, 2020 Opinion or Order Filing 206 MOTION for Extension of Time to File Response/Reply as to #204 Reply Memorandum/Reply to Response to Motion, and Memorandum in Support filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Extend Reply Deadline)(Schutzman, Scott)
December 15, 2020 Opinion or Order Hearings terminated. The Zoom Status Conference set for 12/16/2020 at 10:30 AM is VACATED due to the filing of a dispositive motion. (ncw)
December 15, 2020 Opinion or Order Bench Trial terminated. The 7-day bench trial to begin on January 19, 2021 is VACATED. (ncw)
December 10, 2020 Opinion or Order Filing 205 Modification of Docket: Error: Filed as Reply to Response to Motion. Correction: Changed text to be Memorandum in Opposition re #204 Reply Memorandum/Reply to Response to Motion. (rks)
December 10, 2020 Opinion or Order Filing 204 Memorandum in Opposition REPLY to Response to Motion re #200 MOTION Clarification or Leave to Amend and Memorandum in Support of Motion filed by Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Mellem, Alissa) Modified by correcting type of document filed on 12/10/2020 (rks).
November 25, 2020 Opinion or Order Filing 203 MOTION for Summary Judgment and Memorandum in Support by HCG Parties filed by Counter Defendant HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Appendix)(Mellem, Alissa)
November 24, 2020 Opinion or Order Filing 202 ORDER granting #201 Motion for Extension of Time to Extend Response Deadline re #200 MOTION Clarification or Leave to Amend. Defendant's Motion for Clarification or in the alternative, Motion for Leave to Amend (Dkt. 200) is extended up to and including December 11, 2020. Signed by Judge Clark Waddoups on 11/24/2020. (lnp)
November 23, 2020 Opinion or Order Filing 201 Stipulated MOTION for Extension of Time to Extend Response Deadline and Memorandum in Support filed by Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Text of Proposed Order Proposed Order Granting Stipulated Motion to Extend Response Deadline)(Mellem, Alissa) Modified on 11/24/2020 by changing event (lnp).
November 13, 2020 Opinion or Order Filing 200 MOTION Clarification or Leave to Amend and Memorandum in Support of Motion filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Attachments: #1 Affidavit Declaration of Scott E. Schutzman in Support of Motion for Clarification, or in the Alternative, Motion for Leave to Amend, #2 Exhibit A - Proposed Second Amended Counterclaim and Third Party Complaint)(Schutzman, Scott)
October 13, 2020 Opinion or Order Filing 199 Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 10/13/2020Counsel, court, and court reporter present by Zoom video conference. Counsel object to holding a bench trial virtually. They request that the trial be held in person. Mr. Christiansen anticipate filing dispositive motions in the case, complying with the current scheduling order. The current trial date remains in place, however, may be rescheduled due to COVID-19 and courthouse restrictions. Status Conference set for 12/16/2020 at 10:30 AM by Zoom video conference before Judge Clark Waddoups. Court adjourned. Attorney for Plaintiff: Erik Christiansen, Attorney for Defendant: Scott Schutman, Daniel Brough. Court Reporter: Laura Robinson.(Time Start: 2:30, Time End: 2:45, Room Video Conference.)(asb)
September 30, 2020 Opinion or Order Filing 198 NOTICE OF HEARING: Zoom Status Conference set for 10/13/2020 at 02:30 PM before Judge Clark Waddoups. This court previously set a 7-day bench trial to begin on January 19, 2021. (See ECF No. 183.) The court sets a Zoom status conference to discuss whether a new trial date needs to be set in light of the impact that Covid-19 is having on the courts phased reopening. Counsel should also come prepared to discuss trial procedures, including whether counsel will agree to proceed at trial by Zoom. Video conference link will be emailed to counsel and court reporter by Outlook calendar invitation. All others (media, public, etc) are instructed to email utdecf_waddoups@utd.uscourts.gov to obtain video link. (ncw)
September 23, 2020 Opinion or Order Filing 197 ANSWER to #171 Amended Complaint, filed by Preferred Product Placement.(Schutzman, Scott)
September 10, 2020 Opinion or Order Filing 196 ORDER granting #192 Stipulated Motion to Extend Deadlines: Discovery due by 11/25/2020., Motions due by 11/25/2020. Signed by Judge Clark Waddoups on 9/10/2020. (lnp)
September 10, 2020 Opinion or Order Filing 195 ORDER denying #178 Defendant's Motion to Dismiss Plaintiff HCG Platinum's Amended Complaint. Signed by Judge Clark Waddoups on 9/10/2020. (lnp)
September 10, 2020 Opinion or Order Filing 194 ORDER denying #189 Defendant's Motion to Take Deposition from Kevin Wright, Annette Wright, Ty Mattingly, and Julie Mattingly. Signed by Judge Clark Waddoups on 9/10/2020. (lnp)
September 10, 2020 Opinion or Order Filing 193 ORDER denying #186 Defendant's Motion for Leave to File Second Amended Counterclaim and Third Party Complaint. Signed by Judge Clark Waddoups on 9/10/2020. (lnp)
September 9, 2020 Opinion or Order Filing 192 Stipulated MOTION for Extension of Time Extend Deadlines , MOTION for Amended Scheduling Order filed by Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Stipulated Motion to Extend Deadlines)(Mellem, Alissa)
August 21, 2020 Opinion or Order Filing 191 REPLY to Response to Motion re #189 MOTION to Take Deposition from Kevin Wright, Annette Wright, Ty Mattingly, and Julie Mattingly and Memorandum in Support and Declaration of Scott Schutzman in Support and Supplemental Declaration of Scott E. Schutzman filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Attachments: #1 Exhibit A - Interrogatory Responses from HCG and Right Way served 2015, #2 Exhibit B - Court-ordered Interrogatory Responses from HCG and Right Way served 2019, #3 Exhibit C - Documents Subpoenaed from Europa)(Schutzman, Scott)
August 7, 2020 Opinion or Order Filing 190 MEMORANDUM in Opposition re #189 MOTION to Take Deposition from Kevin Wright, Annette Wright, Ty Mattingly, and Julie Mattingly and Memorandum in Support and Declaration of Scott Schutzman in Support filed by Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Mellem, Alissa)
July 24, 2020 Opinion or Order Filing 189 MOTION to Take Deposition from Kevin Wright, Annette Wright, Ty Mattingly, and Julie Mattingly and Memorandum in Support and Declaration of Scott Schutzman in Support filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Schutzman, Scott)
June 8, 2020 Opinion or Order Filing 188 REPLY to Response to Motion re #186 MOTION for Leave to File Second Amended Counterclaim and Third Party Complaint and Memorandum in Support filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Schutzman, Scott)
May 26, 2020 Opinion or Order Filing 187 MEMORANDUM in Opposition re #186 MOTION for Leave to File Second Amended Counterclaim and Third Party Complaint and Memorandum in Support filed by Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Mellem, Alissa)
May 11, 2020 Opinion or Order Filing 186 MOTION for Leave to File Second Amended Counterclaim and Third Party Complaint and Memorandum in Support filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Schutzman, Scott)
February 13, 2020 Opinion or Order Filing 185 ORDER GRANTING JOINT PROPOSED SCHEDULE IN PART:( Amended Pleadings due by 5/10/2020., Joinder of Parties due by 5/10/2020., Expert Discovery due by 10/26/2020., Motions due by 10/26/2020.), Motions terminated: #184 Joint MOTION for Initial Scheduling Conference and Memorandum in Support of Proposed Schedule filed by Preferred Product Placement. See Order for details. Signed by Judge Clark Waddoups on 2/12/20. (jmr)
January 24, 2020 Opinion or Order Filing 184 Joint MOTION for Initial Scheduling Conference and Memorandum in Support of Proposed Schedule filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Schutzman, Scott)
January 13, 2020 Opinion or Order Deadlines/Hearings terminated. Final Pretrial Conference scheduled for 8/14/2020 terminated due to rescheduling of trial date. New date will be set for this hearing. (tcs)
January 7, 2020 Opinion or Order Filing 183 ORDER GRANTING PREFERRED PRODUCT PLACEMENT CORPORATIONS UNOPPOSED APPLICATION TO CONTINUE TRIAL IN PART - #180 Ex Parte (Not Sealed) MOTION to Continue Trial and Memorandum in Support filed by Preferred Product Placement., ( Bench Trial re-set for 1/19/2021 at 08:30 AM in Rm 8.100 before Judge Clark Waddoups.) See Order for details. Signed by Judge Clark Waddoups on 1/7/20. (jmr)
January 3, 2020 Opinion or Order Filing 182 Defendant's REPLY to Response to Motion re #178 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Schutzman, Scott)
December 20, 2019 Opinion or Order Filing 181 MEMORANDUM in Opposition re #178 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Counter Defendant HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Mellem, Alissa)
December 13, 2019 Opinion or Order Filing 180 Ex Parte (Not Sealed) MOTION to Continue Trial and Memorandum in Support filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Attachments: #1 Affidavit of Scott E. Schutzman in Support of Ex Parte Application to Continue Trial, #2 Text of Proposed Order Granting Ex Parte Application to Continue Trial)(Schutzman, Scott)
November 26, 2019 Opinion or Order Filing 179 Mail Returned as Undeliverable. Mail(Document 177) re-sent to Cecil Hedger at Colorado Address. (jmr)
November 22, 2019 Opinion or Order Filing 178 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Preferred Product Placement. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss HCG's Amended Complaint)(Schutzman, Scott)
November 19, 2019 Opinion or Order Filing 177 PRETRIAL ORDERSeven Day Bench Trial set for 8/24/2020 at 08:30 AM in Rm 8.100 before Judge Clark Waddoups. Final Pretrial Conference set for 8/14/2020 at 02:00 PM in Rm 8.100 before Judge Clark Waddoups. Signed by Judge Clark Waddoups on 11/19/19. (jmr)
November 19, 2019 Opinion or Order Filing 176 SCHEDULING ORDER: Amended Pleadings due by 1/31/2020. Joinder of Parties due by 1/31/2020. Discovery due by 6/5/2020. Motions due by 6/5/2020. See Order for additional details. Signed by Judge Clark Waddoups on 11/19/19. (jmr)
November 15, 2019 Opinion or Order Filing 175 REPORT OF ATTORNEY PLANNING MEETING. (Schutzman, Scott)
November 6, 2019 Opinion or Order Filing 174 NOTICE OF HEARINGS: 7-day Bench Trial set to begin on 8/24/2020 at 08:30 AM in Rm 8.100 before Judge Clark Waddoups. Final Pretrial Conference set for 8/14/2020 at 02:00 PM in Rm 8.100 before Judge Clark Waddoups. (tcs)
November 6, 2019 Opinion or Order Filing 173 Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 11/6/2019. This matter came before the court to set a trial date and deadlines regarding discovery. The court heard discussion and argument of counsel. The court will allow discovery, experts, and motions of the parties. A 7-day bench trial was set for August 24, 2020 with a final pretrial conference to be held on August 14, 2020 at 2:00 PM. The parties shall propose a scheduling order to address discovery deadlines, amendments to pleadings, experts and expert reports, and motions practice in light of the court's trial date, and will submit that schedule by November 15, 2019. Court was adjourned. Attorney for Plaintiff: Erik A. Christiansen, Attorney for Defendant: Scott E. Schutzman, Daniel Brough. Court Reporter: Laura Robinson.(tcs)
November 6, 2019 Opinion or Order Filing 172 NOTICE of Appearance by Daniel K. Brough on behalf of Preferred Product Placement (Brough, Daniel)
November 4, 2019 Opinion or Order Filing 171 AMENDED COMPLAINT against Preferred Product Placement. filed by Annette Wright, HCG Platinum, Kevin Wright, Ty Mattingly, Julie C. Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings. (Attachments: #1 Exhibit A-B) (Mellem, Alissa)
September 27, 2019 Opinion or Order Filing 170 NOTICE of Change of Address by Scott E. Schutzman counsel for PPPC (Schutzman, Scott)
September 24, 2019 Opinion or Order Filing 169 ORDER ON MOTIONS REGARDING REMAND- ( Status Conference set for 11/6/2019 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups.) See Order for details. Signed by Judge Clark Waddoups on 9/24/19. (jmr)
October 11, 2018 Opinion or Order Filing 167 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on August 15, 2018 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/9/2019. (jmr) Modified by removing restricted text on 1/9/2019 (rgj).
August 15, 2018 Opinion or Order Filing 166 Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 8/15/2018 re #161 MOTION for Hearing re #159 Request, and Memorandum in Support of Request for Hearing Regarding Remand filed by Preferred Product Placement. The court heard discussion and argument from counsel. The court took the matter under submission and will issue a written ruling as soon as possible. Attorney for Plaintiff: Erik Christiansen, Attorney for Defendant: Scott Schutzman. Court Reporter: Laura Robinson.(tcs)
June 11, 2018 Opinion or Order Filing 165 REPLY to Response to Motion re #161 MOTION for Hearing re #159 Request, and Memorandum in Support of Request for Hearing Regarding Remand filed by Defendant Preferred Product Placement. (Schutzman, Scott)
May 29, 2018 Opinion or Order Filing 164 RESPONSE to Motion re #161 MOTION for Hearing re #159 Request, and Memorandum in Support of Request for Hearing Regarding Remand filed by Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Christiansen, Erik)
May 14, 2018 Opinion or Order Filing 163 AMENDED NOTICE OF HEARING ON MOTION re: #161 MOTION for Hearing re #159 Request, and Memorandum in Support of Request for Hearing Regarding Remand : (Notice generated by ncw) Motion Hearing previously set for 8/8/2018 is RESET for 8/15/2018 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. (ncw)
May 14, 2018 Opinion or Order Filing 162 NOTICE OF HEARING ON MOTION re: #161 MOTION for Hearing re #159 Request, and Memorandum in Support of Request for Hearing Regarding Remand : (Notice generated by ncw) Motion Hearing set for 8/8/2018 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. (ncw)
May 14, 2018 Opinion or Order Filing 161 MOTION for Hearing re #159 Request, and Memorandum in Support of Request for Hearing Regarding Remand filed by Counter Claimant Preferred Product Placement. (Schutzman, Scott)
May 11, 2018 Opinion or Order Filing 160 REQUEST to Submit for Decision re #159 Request, filed by Counter Defendant HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Mellem, Alissa)
April 24, 2018 Opinion or Order Filing 159 REQUEST for Hearing Regarding Remand filed by Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - letter dated March 19, 2018)(Christiansen, Erik)
February 1, 2018 Opinion or Order Filing 158 NOTICE of Appearance by Alissa M. Mellem on behalf of HCG Platinum, Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright (Mellem, Alissa)
February 1, 2018 Opinion or Order Filing 157 NOTICE of Appearance by Erik A. Christiansen on behalf of HCG Platinum, Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright (Christiansen, Erik)
January 2, 2018 Opinion or Order Filing 156 DOCKET TEXT ORDER: In light of #155 Notice by Kevin Wright, the court GRANTS Mr. Wright a 30-day extension of time in which to acquire new counsel on behalf of the Plaintiff and Third Party Defendants. Counsel should file their appearance in this case no later than February 1, 2018. No attached document. Signed by Judge Clark Waddoups on 1/2/2018. (man)
December 22, 2017 Opinion or Order Filing 155 NOTICE of Receipt by Kevin Wright re #148 Order to File Notice of Appearance (alt)
November 28, 2017 Opinion or Order Filing 154 Mail Returned as Undeliverable/Unable to Forward. Mail sent to Weekes Holdings re doc #148 (alt)
November 28, 2017 Opinion or Order Filing 153 Mail Returned as Undeliverable/Unable to Forward. Mail sent to Kevin Wright re docs #146 , #147 , #148 . Unrelated mortgage company is now located at the Val Vista Drive address.As all documents were addressed to the business entities "c/o Kevin Wright" as they cannot appear pro se, those parties have been set to "No Notice" and the addresses for Annette and Kevin Wright changed to 3427 W JAEGER CIR, MESA AZ 85213, a property that the Maricopa County assessor's office shows as owned by Annette and Kevin Wright. Other records show that an "Annette Wright" resides at the property so copies of the three documents, along with the address labels and USPS Return to Sender stickers are being mailed to "Annette Wright" at the Jaeger Circle address.Former counsel had a Bluffdale, UT address for Rightway Nutrition, but that address appears to have been vacated. (alt)
November 28, 2017 Opinion or Order Filing 152 Mail Returned as Undeliverable/Unable to Forward. Mail sent to Annette Wright re docs #147 , #148 . Unrelated mortgage company is now located at the Val Vista Drive address. (alt)
November 28, 2017 Opinion or Order Filing 151 Mail Returned as Undeliverable/Unable to Forward. Mail sent to Right Way Nutrition re docs #146 , #147 , #148 . Unrelated mortgage company is now located at the Val Vista Drive address. (alt)
November 28, 2017 Opinion or Order Filing 150 Mail Returned as Undeliverable/Unable to Forward. Mail sent to Weekes Holdings re docs #146 , #147 . Unrelated mortgage company is now located at the Val Vista Drive address. (alt)
November 28, 2017 Opinion or Order Filing 149 Mail Returned as Undeliverable/Unable to Forward. Mail sent to HCG Platinum re docs #146 , #147 , #148 . Unrelated mortgage company is now located at the Val Vista Drive address. (alt)
November 14, 2017 Opinion or Order Filing 148 ORDER re #146 USCA Mandate. The court ORDERS counsel for Plaintiff and Third Party Defendants to file a Notice of Appearance within twenty-one (21) days after entry of this order. Failure to file a Notice of Appearance may result in dismissal of the above-captioned case. Signed by Judge Clark Waddoups on 11/14/17. (jmr)
November 13, 2017 Opinion or Order Filing 147 ORDER OF RECUSAL Judge Robert J. Shelby recused. Case reassigned to Judge Clark Waddoups for all further proceedings. Signed by Judge Robert J. Shelby on 11/13/2017. (jds)
November 8, 2017 Opinion or Order Filing 146 MANDATE of USCA as to #111 Notice of Appeal, filed by Preferred Product Placement According to the USCA the Judgment of the USDC for the Dist of UT is Reversed and Remanded. Judgment included with mandate: Yes. Case Reopened. (Attachments: #1 Published Opinion, #2 Mandate Letter)(jds)
May 10, 2017 Opinion or Order Filing 145 Mail Returned as Undeliverable. Mail sent to Kevin Wright as to doc no. #142 . (kpf)
May 10, 2017 Opinion or Order Filing 144 Mail Returned as Undeliverable. Mail sent to Weekes Holdings as to no. {142]. (kpf)
May 10, 2017 Opinion or Order Filing 143 Mail Returned as Undeliverable. Mail sent to Annette Wright as to doc no. #142 . (kpf)
April 24, 2017 Opinion or Order Filing 142 ORDER granting #141 Motion to Withdraw as Attorney. Attorney William Kelly Nash; Kimberly N. Baum and Jordan K. Cameron withdrawn from case for HCG Platinum, Kevin and Annette Wright, Primary Colors, Ty and Julie Mattingly, Rightway Nutrition, Weekes Holdings. The Court ORDERS that inasmuch as a final order has been entered and there are no pending matters before the Court, no appearance is necessary at this time. However, the Clients or new counsel for the Clients shall file a notice of appearance within twenty-one (21) days after entry of any further order of this Court. Signed by Judge Robert J. Shelby on 4/24/2017. (jds)
March 21, 2017 Opinion or Order Filing 141 MOTION to Withdraw as Attorney and Memorandum in Support filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Text of Proposed Order on Motion for Leave to Withdraw) Attorney William Kelly Nash added to party HCG Platinum(pty:cd), Attorney William Kelly Nash added to party HCG Platinum(pty:cd)(Nash, William)
September 20, 2016 Opinion or Order Filing 139 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Final Pretrial Conference held on September 2, 2015 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/11/2016. Redacted Transcript Deadline set for 10/21/2016. Release of Transcript Restriction set for 12/19/2016. (jmr) Modified on 12/19/2016 by removing restricted text (las).
June 28, 2016 Opinion or Order Filing 138 Minute Entry for proceedings held before Magistrate Judge Dustin B. Pead: Supplemental Proceedings Hearing held on 6/28/2016. Counsel present for parties. Witness sworn in and provides testimony outside presence of the court. The parties reached an impasse on three issues. The court heard argument on the record and made rulings. The first issue regarding the attorney-client privilege was resolved on the record and testimony provided in accordance with court's ruling. Second, the parties disagreed about the relevant time frame for which financial records should be produced. The court ordered Defendant to provide all bank records in Defendant's possession for two discrete time frames: June 2015 until June 2016; and from January 2011 until November 2011. These records must be provided no later than July 22, 2016. Finally, Plaintiff requested a continuance of the supplemental proceedings based on the witness' lack of knowledge regarding certain transactions. Defendant suggested that another witness, Ms. Patricia Weldon, could discuss these transactions, but was unavailable for the supplemental proceedings. Defendant's counsel advised court that he attempted to contact Plaintiff's counsel via email about Ms. Weldon's unavailability, but did not receive any response. The court denied the motion for continuance without prejudice and further ordered that Defendant must make Ms. Weldon available by telephone no later than August 5, 2016, but only after Defendant produces the bank records described above. If the telephone conversation with Ms. Weldon does not provide Plaintiff with the information it needs, Plaintiff may renew the motion for a continuance, but must do so within fourteen days of the conversation with Ms. Weldon. Court adjourned. Attorney for Plaintiff: Kimberly N. Baum, Attorney for Defendant: Scott E. Schutzman. Court Reporter: Electronic. (Time Start: 9:57:00, Time End: 11:49:59, Room 7.100). (tls)
June 22, 2016 Opinion or Order Filing 137 NOTICE of to Appear for Hearing by HCG Platinum re #135 Notice of Hearing (Cameron, Jordan)
June 15, 2016 Opinion or Order Filing 136 DECLARATION of Service of the Answers to the Questions about Judgment Debtor's Property filed by Preferred Product Placement. (Schutzman, Scott)
June 8, 2016 Opinion or Order Filing 135 NOTICE OF HEARING:Hearing to identify property set for 6/28/2016 at 10:00 AM in Rm 7.100 before U.S. Magistrate Judge Dustin B. Pead (jds)
June 8, 2016 Opinion or Order Filing 134 ORDER granting #130 Ex Parte Motion to Appear for Hearing to Identify Judgment Debtors Property. A hearing to identify property is scheduled June 28, 2016 Time: 10:00 a.m. Signed by Magistrate Judge Dustin B. Pead on 6/8/2016. (jds)
June 2, 2016 Opinion or Order Filing 133 Defendant's MEMORANDUM in Opposition re #130 Ex Parte (Not Sealed) MOTION for Hearing re to Identify Judgment Debtors' Property and Memorandum in Support filed by ThirdParty Plaintiff Preferred Product Placement, Defendant Preferred Product Placement, Counter Claimant Preferred Product Placement. (Schutzman, Scott)
June 1, 2016 Opinion or Order Filing 132 NOTICE OF WITHDRAWAL OF COUNSEL of Evan A. Schmutz filed by William Kelly Nash on behalf of HCG Platinum, Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright (Nash, William)
June 1, 2016 Opinion or Order Filing 131 ORDER REFERRING MOTION #130 Ex Parte (Not Sealed) MOTION for Hearing re to Identify Judgment Debtors' Property and Memorandum in Support filed by Ty Mattingly, Julie C. Mattingly, Right Way Nutrition, Primary Colors, HCG Platinum, Kevin Wright, Weekes Holdings, Annette Wright Motions referred to Dustin B. Pead. Signed by Judge Robert J. Shelby on 6/1/2016. (jds)
May 27, 2016 Opinion or Order Filing 130 Ex Parte (Not Sealed) MOTION for Hearing re to Identify Judgment Debtors' Property and Memorandum in Support filed by Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - Questions About Property, #2 Text of Proposed Order Scheduling Hearing to Identify Judgment Debtor's Property)(Cameron, Jordan)
May 27, 2016 Opinion or Order Filing 129 NOTICE of Appearance by Jordan K. Cameron on behalf of HCG Platinum, Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright (Cameron, Jordan)
May 27, 2016 Opinion or Order Filing 128 NOTICE of Appearance by William Kelly Nash on behalf of HCG Platinum, Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright (Nash, William)
December 8, 2015 Opinion or Order Filing 127 Please be advised the Record is complete for purposes of appeal for USCA case number 15-04157 re #111 Notice of Appeal. (jds)
December 7, 2015 Opinion or Order Filing 126 ORDER of USCA as to #111 Notice of Appeal, filed by Preferred Product Placement (jds)
December 2, 2015 Opinion or Order Filing 125 ORDER granting #120 Motion for Entry of Judgment under Rule 54(b). Signed by Judge Robert J. Shelby on 12/2/15. (jlw)
November 25, 2015 Opinion or Order Filing 124 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED That judgment be entered in favor of the plaintiff HCG Platinum, LLC and against the defendant Preferred Product Placement Corporation for attorney fees in the amount of $114,554.22 with post judgment interest as provided by law ( 28 U.S.C. 1961) signed by LSY, Chief Deputy Clerk. (jds)
November 19, 2015 Opinion or Order Filing 123 Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 11/19/2015. The court hears from cnsl. C nsl agree that Defendant PPP will submit a proposed order on Defendant PPP's #120 MOTION for Judgment under Rule 54(b) so appeal may proceed. An order will be entered. Attorney for Plaintiff: Evan Schmutz, Attorney for Defendant: Scott Schutzman. Court Reporter: Ray Fenlon.(mjm)
November 19, 2015 Opinion or Order Filing 122 NOTICE of Judgment Re Attorneys' Fees by HCG Platinum(a Utah corporation), Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright re #115 Order on Motion for Attorney Fees, Memorandum Decision (Schmutz, Evan)
November 16, 2015 Opinion or Order Filing 121 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Conference set for 11/19/2015 at 10:30 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
November 13, 2015 Opinion or Order Filing 120 Defendant's MOTION for Judgment under Rule 54(b) and Memorandum in Support filed by Defendant Preferred Product Placement. (Attachments: #1 Exhibit A - 9/17/15 Order, #2 Exhibit B - 9/21/15 Order, #3 Exhibit C - 11/9/15 Email to HCG Counsel, #4 Exhibit D - HCG's Motion for Attorney's Fees)(Schutzman, Scott)
November 6, 2015 Opinion or Order Filing 119 ORDER of USCA as to #111 Notice of Appeal, filed by Preferred Product Placement (jds)
November 6, 2015 Opinion or Order Filing 117 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS AND SCHEDULING CONFERENCE held on MARCH 5, 2015 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (801) 809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (jds) Modified on 2/4/2016 by removing restricted text (las).
November 6, 2015 Opinion or Order Filing 116 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of THIRD-PARTY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT held on MARCH 27, 2013 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (801) 809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (jds) Modified on 2/4/2016 by removing restricted text (las).
October 27, 2015 Opinion or Order Filing 115 MEMORANDUM DECISION AND ORDER granting #108 Motion for Attorney Fees and Costs. Signed by Judge Robert J. Shelby on 10/27/2015. (jds)
October 20, 2015 Opinion or Order Filing 114 REPLY to Response to Motion re #108 MOTION for Attorney Fees and Memorandum in Support filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Schmutz, Evan)
October 19, 2015 Opinion or Order Filing 113 USCA Case Number Case Appealed to Tenth Case Number 15-4157 for #111 Notice of Appeal, filed by Preferred Product Placement. (jmr)
October 16, 2015 Opinion or Order Filing 112 Transmission of Preliminary Record to USCA re #111 Notice of Appeal, (Attachments: #1 Appendix)(jds)
October 15, 2015 Opinion or Order Filing 111 NOTICE OF APPEAL as to #104 Order on Motion for Miscellaneous Relief filed by Preferred Product Placement. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2361663. (Attachments: #1 Exhibit A - Order dated 9/17/15, #2 Exhibit B - Order dated 9/21/15)(Schutzman, Scott)
October 6, 2015 Opinion or Order Filing 110 Defendant's MEMORANDUM in Opposition re #108 MOTION for Attorney Fees and Memorandum in Support filed by Defendant Preferred Product Placement. (Schutzman, Scott)
September 25, 2015 Opinion or Order Filing 109 AFFIDAVIT of Evan Schmutz re #108 MOTION for Attorney Fees and Memorandum in Support filed by HCG Platinum(a Utah corporation), Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - Billing Statements)(Schmutz, Evan)
September 25, 2015 Opinion or Order Filing 108 MOTION for Attorney Fees and Memorandum in Support filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Schmutz, Evan)
September 21, 2015 Opinion or Order Filing 107 ORDER DISMISSING CASE per #106 Notice of Voluntary Dismissal. Magistrate Judge Paul M. Warner no longer assigned to case. Signed by Judge Robert J. Shelby on 9/21/2015. (jds)
September 18, 2015 Opinion or Order Filing 106 NOTICE of Voluntary Dismissal filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright (Attachments: #1 Text of Proposed Order RE: Stipulated Voluntary Dismissal of Plaintiff's Claims without Prejudice) (Schmutz, Evan)
September 18, 2015 Opinion or Order Filing 105 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Bench Trial set for 9/23/2015 at 09:00 AM in Rm 7.300 before Judge Robert J. Shelby. Bench Trial set for 9/24/2015 at 09:00 AM in Rm 7.300 before Judge Robert J. Shelby. Bench Trial set for 9/25/2015 at 09:00 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
September 18, 2015 Opinion or Order Set/Reset Hearings: Bench Trial set for 9/22/2015 at 09:00 AM in Rm 7.300 before Judge Robert J. Shelby. Bench Trial set for 9/23/2015 at 09:00 AM in Rm 7.300 before Judge Robert J. Shelby. Bench Trial set for 9/24/2015 at 09:00 AM in Rm 7.300 before Judge Robert J. Shelby. Bench Trial set for 9/25/2015 at 09:00 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
September 18, 2015 Opinion or Order Set Deadlines/Hearings: Bench Trial set for 9/22/2015 at 09:00 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
September 17, 2015 Opinion or Order Filing 104 ORDER granting #97 Motion re Consequences of the Court's Order Precluding Damages re 93 Motion Hearing.. Signed by Judge Robert J. Shelby on 9/17/2015. (jds)
September 15, 2015 Opinion or Order Filing 103 REPLY to Response to Motion re #97 MOTION Consequences of the Court's Order Precluding Damages re 93 Motion Hearing,,,,,,, and Memorandum in Support filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - Pretrial Hearing Transcript, #2 Exhibit B - Emails Between Kevin Wright and Tricia Weldon)(Schmutz, Evan)
September 14, 2015 Opinion or Order Filing 102 Defendant's MEMORANDUM in Opposition re #97 MOTION Consequences of the Court's Order Precluding Damages re 93 Motion Hearing,,,,,,, and Memorandum in Support and Declaration of Ronald Solomon in Support of Opposition filed by Defendant Preferred Product Placement. (Attachments: #1 Exhibit A - Portions of the Transcript of the 9/2/15 Pretrial Conference, #2 Exhibit B - GNC Invoices, #3 Exhibit C - GNC & Right Way Nutrition Spreadsheets, #4 Exhibit D - Email from Greenburg to Weldon, #5 Exhibit E - 7/30/12 Windmill/Wright Email, #6 Exhibit F - Excerpts from the 7/13/12 Kevin Wright Deposition, #7 Exhibit G - Chart of Sales Projection)(Schutzman, Scott)
September 14, 2015 Opinion or Order Filing 100 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Final Pretrial Conference held on 9/2/15 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond Fenlon, Telephone number (801)809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2015. Redacted Transcript Deadline set for 10/15/2015. Release of Transcript Restriction set for 12/14/2015. (jlw) Modified on 12/15/2015 by removing restricted text (las).
September 10, 2015 Opinion or Order Filing 98 Supplemental MEMORANDUM in Support re #97 MOTION Consequences of the Court's Order Precluding Damages re 93 Motion Hearing,,,,,,, and Memorandum in Support filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Schmutz, Evan)
September 9, 2015 Opinion or Order Filing 99 Minute Entry for proceedings held before Judge Robert J. Shelby: Telephone Conference held on 9/9/2015. The court hears from cnsl and sets the following deadlines re: HCG Platinum's Motion for Judgment on PPPC's Claims. HCG Platinum will file their brief by 9/10/2015. PPPC will file their opposition brief by 9/14/2015. HCG Platinum's reply is due by 9/15/2015. Attorney for Plaintiff: Evan Schmutz, Attorney for Defendant: Scott Schutzman. Court Reporter: Ray Fenlon. (mjm)
September 9, 2015 Opinion or Order Filing 97 MOTION Consequences of the Court's Order Precluding Damages re 93 Motion Hearing,,,,,,, and Memorandum in Support filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Schmutz, Evan)
September 8, 2015 Opinion or Order Filing 96 Memorandum Re Consequences of the Court's Order Precluding Damages BRIEF re 93 Motion Hearing,,,,,,, filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - Manufacturer's Representative Agreement)(Schmutz, Evan)
September 8, 2015 Opinion or Order Filing 95 WITHDRAWAL OF MOTION by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright re #94 MOTION that PPPC has no remaining viable claims and to shorten time required or needed for trial re 93 Motion Hearing,,,,,,, and Memorandum in Support filed by Ty Mattingly, Julie C. Mattingly, Right Way Nutrition, Primary Colors, HCG Platinum, Kevin Wright, Weekes Holdings, Annette Wright . (Schmutz, Evan)
September 8, 2015 Opinion or Order Filing 94 MOTION that PPPC has no remaining viable claims and to shorten time required or needed for trial re 93 Motion Hearing,,,,,,, and Memorandum in Support filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - Manufacturer's Representative Agreement)(Schmutz, Evan)
September 3, 2015 Opinion or Order Filing 92 PRETRIAL ORDER Bench Trial set for 9/22/2015 at 09:00 AM in Rm 7.300 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 9/3/2015. (jds)
September 3, 2015 Opinion or Order Filing 90 ORDER - On September 2, 2015, the court held a final pretrial conference in this matter. For the reasons stated on the record at the hearing, the court makes the following rulings: granting #65 Motion in Limine Regarding Damages; denying #67 Motion in Limine Regarding the Distribution Agreement ; granting in part and denying in part #69 Motion in Limine Regarding Witnesses; granting in part and denying in part #78 Motion in Limine Regarding Exhibits; denying #79 Motion to Compel. Signed by Judge Robert J. Shelby on 9/3/2015. (jds)
September 3, 2015 Opinion or Order Filing 89 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Telephone Conference set for Wednesday, 9/9/2015 at 10:30 AM in Rm 7.300 before Judge Robert J. Shelby. INSTRUCTIONS TO COUNSEL FOR CONFERENCE CALL 1. Dial 888-684-8852 2. Enter Access Code 1023766 3. To enter as a participant, press # key. If the call has not been activated by the Court, you will be placed on hold. 4. Once the call is activated you will be prompted to enter the participant security code 090915 followed by the # key. You will now be entered into the conference If you have any questions before the hearing begins please don't hesitate to call chambers at 801-524-6790, if you are having issues during the hearing, you can email the courtroom deputy at mary_jane_mcnamee@utd.uscourts.gov. (mjm)
September 2, 2015 Opinion or Order Filing 93 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 9/2/2015, re: #69 MOTION in Limine Re: Witnesses filed by Ty Mattingly, Julie C. Mattingly, Right Way Nutrition, Primary Colors, HCG Platinum, Kevin Wright, Weekes Holdings, Annette Wright, #65 MOTION in LimineRe: Damages filed by Ty Mattingly, Julie C. Mattingly, Right Way Nutrition, Primary Colors, Annette Wright, Weekes Holdings, Kevin Wright, HCG Platinum, #79 Defendant's MOTION to Compel Further Responses of HCG Platinum and Right Way Nutrition to Interrogatories filed by Preferred Product Placement, #67 MOTION in Limine to Preclude Reference to a Distribution Agreement between HCG Platinum and Right Way Nutrition filed by Preferred Product Placement, #78 MOTION in Limine Re: Exhibits filed by Ty Mattingly, Julie C. Mattingly, Right Way Nutrition, Primary Colors, Annette Wright, Weekes Holdings, Kevin Wright, HCG Platinum. The court hears oral argument and rules as follows: The court GRANTS HCG and Third-Party Defendants Motion in Limine Regarding Damages, docket entry #65 . The court DENIES PPPCs Motion in Limine Regarding the Distribution Agreement, docket entry #67 . The court GRANTS IN PART AND DENIES IN PART HCG and Third-Party Defendants Motion in Limine Regarding Witnesses, docket entry #69 . The court GRANTS IN PART AND DENIES IN PART HCG and Third-Party Defendants Motion in Limine Regarding Exhibits, docket entry #78 . The court DENIES PPPCs Motion to Compel, docket entry #79 . An order will be issued by the court. Attorney for Plaintiff: Kimberly Barnes, Evan Schmutz; Attorney for Defendant: Scott Schutzman. Court Reporter: Ray Fenlon.(mjm)
September 2, 2015 Opinion or Order Filing 91 DOCKET TEXT ORDER No attached document. In view of the courts ruling at the Final Pretrial Conference regarding PPPCs ability to introduce evidence of damages, the court schedules a telephonic hearing to discuss the viability of PPPCs alter ego theory and any impact the courts ruling will have on the trial schedule. A telephone hearing will be held on Wednesday, September 9, 2015 at 10:30 a.m. Telephone hearing instructions have been sent in the Notice of Hearing, docket entry 89 . Signed by Judge Robert J. Shelby on 9/2/2015. (mjm)
August 28, 2015 Opinion or Order Filing 88 REPLY to Response to Motion re #78 MOTION in Limine and Memorandum in Support Re: Exhibits filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Barnes, Kimberly)
August 27, 2015 Opinion or Order Filing 87 Defendant's MEMORANDUM in Opposition re #78 MOTION in Limine and Memorandum in Support Re: Exhibits filed by Defendant Preferred Product Placement. (Schutzman, Scott)
August 27, 2015 Opinion or Order Filing 86 AMENDED NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Final Pretrial Conference RESET for 9/2/2015 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. Please Note: Hearing time has change to 1:30 p.m. on 9/2/2015 (mjm)
August 26, 2015 Opinion or Order Filing 85 ORDER granting #81 Motion to Quash Subpoena; granting #81 Motion to Compel Addresses of Subpoenaed Parties. Signed by Judge Robert J. Shelby on 8/26/2015. (jds)
August 26, 2015 Opinion or Order Filing 84 MEMORANDUM in Opposition re #79 Defendant's MOTION to Compel Further Responses of HCG Platinum and Right Way Nutrition to Interrogatories and Memorandum in Support filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Schmutz, Evan)
August 26, 2015 Opinion or Order Modification of Docket re #81 MOTION to Quash Subpoena MOTION to Compel Addresses of Subpoenaed Parties. Error: Motion requesting 2 possible motion reliefs was filed with only one relief selected. Correction: Second motion relief, "Compel", has been added to the entry. (alt)
August 25, 2015 Opinion or Order Filing 83 NOTICE of Pretrial Order by HCG Platinum(a Utah corporation), Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright (Schmutz, Evan)
August 25, 2015 Opinion or Order Filing 82 REPLY to Response to Motion re #69 MOTION in Limine and Memorandum in Support Re: Witnesses filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Schmutz, Evan)
August 25, 2015 Opinion or Order Filing 81 MOTION to Quash Subpoena MOTION to Compel Addresses of Subpoenaed Parties and Memorandum in Support filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - Notice of Subpoena)(Schmutz, Evan). Added MOTION to Compel on 8/26/2015 (jds).
August 25, 2015 Opinion or Order Filing 80 REPLY to Response to Motion re #65 MOTION in Limine and Memorandum in Support Re: Damages filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Schmutz, Evan)
August 24, 2015 Opinion or Order Filing 79 Defendant's MOTION to Compel Further Responses of HCG Platinum and Right Way Nutrition to Interrogatories and Memorandum in Support filed by Defendant Preferred Product Placement. (Attachments: #1 Exhibit A - HCG's Response to Special Interrogatories, Set No. Three, #2 Exhibit B - RWN's Response to Special Interrogatories, Set No. Two)(Schutzman, Scott)
August 21, 2015 Opinion or Order Filing 78 MOTION in Limine and Memorandum in Support Re: Exhibits filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - Amended Scheduling Order, #2 Exhibit B - March 5, 2015 Hearing Minute Entry, #3 Exhibit C Part One - Defendant's Proposed Exhibits, #4 Exhibit C Part Two - Defendant's Proposed Exhibits, #5 Exhibit C Part Three - Defendant's Proposed Exhibits, #6 Exhibit C Part Four - Defendant's Proposed Exhibits)(Schmutz, Evan)
August 21, 2015 Opinion or Order Filing 77 NOTICE of Objections to Defendant's Proposed Exhibits by HCG Platinum(a Utah corporation), Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright re #71 Exhibit List(Proposed) (Schmutz, Evan)
August 20, 2015 Opinion or Order Filing 76 ORDER granting #64 Motion to Quash. granting #63 Motion in Limine re: Subpoenas. The subpoenaed parties are not required to comply with PPPC's subpoenas. PPPC is precluded from using at trial any evidence obtained through the subpoenas. Signed by Judge Robert J. Shelby on 8/20/2015. (las) Modified on 8/21/2015 added text re: Motion #63 (las).
August 19, 2015 Opinion or Order Filing 75 MEMORANDUM in Opposition re #69 MOTION in Limine and Memorandum in Support Re: Witnesses filed by Defendant Preferred Product Placement. (Attachments: #1 Exhibit A - 2/15/11 email from Patricia Weldon to Kevin Wright)(Schutzman, Scott)
August 19, 2015 Opinion or Order Filing 74 MEMORANDUM in Opposition re #64 MOTION to Quash Subpoenas and Memorandum in Support and Objection to Subpoenas filed by Defendant Preferred Product Placement. (Schutzman, Scott)
August 19, 2015 Opinion or Order Filing 73 MEMORANDUM in Opposition re #63 MOTION in Limine and Memorandum in Support Re: Subpoenas filed by Defendant Preferred Product Placement. (Schutzman, Scott)
August 19, 2015 Opinion or Order Filing 72 MEMORANDUM in Opposition re #65 MOTION in Limine and Memorandum in Support Re: Damages filed by Defendant Preferred Product Placement. (Schutzman, Scott)
August 18, 2015 Opinion or Order Filing 71 Proposed Exhibit List by Defendant Preferred Product Placement.. (Schutzman, Scott)
August 18, 2015 Opinion or Order Filing 70 MEMORANDUM in Opposition re #67 MOTION in Limine and Memorandum in Support to Preclude Reference to a Distribution Agreement between HCG Platinum and Right Way Nutrition filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Schmutz, Evan)
August 13, 2015 Opinion or Order Filing 69 MOTION in Limine and Memorandum in Support Re: Witnesses filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - Amended Scheduling Order, #2 Exhibit B - Letters Initial Disclosures, #3 Exhibit C - March 5, 2015 Hearing Minute Entry, #4 Exhibit D - Defendant's Pretrial Disclosures)(Schmutz, Evan)
August 12, 2015 Opinion or Order Filing 68 Proposed Witness List and Pretrial Disclosures by Preferred Product Placement. (Schutzman, Scott)
August 11, 2015 Opinion or Order Filing 67 MOTION in Limine and Memorandum in Support to Preclude Reference to a Distribution Agreement between HCG Platinum and Right Way Nutrition filed by Defendant Preferred Product Placement. (Attachments: #1 Exhibit A - Distributor Agreement dated October 12, 2011, #2 Exhibit B - Excerpts from the Depositions of Kevin Wright)(Schutzman, Scott)
August 11, 2015 Opinion or Order Filing 66 Proposed Witness List and Pretrial Disclosures by HCG Platinum(a Utah corporation), Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Schmutz, Evan)
August 11, 2015 Opinion or Order Filing 65 MOTION in Limine and Memorandum in Support Re: Damages filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - Initial Disclosures, #2 Exhibit B - Manufacturer's Representative Agreement)(Schmutz, Evan)
August 11, 2015 Opinion or Order Filing 64 MOTION to Quash Subpoenas and Memorandum in Support and Objection to Subpoenas filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - Amended Scheduling Order, #2 Exhibit B - March 5, 2015 Hearing Minute Entry, #3 Exhibit C - Notice of Subpoenas)(Schmutz, Evan)
August 11, 2015 Opinion or Order Filing 63 MOTION in Limine and Memorandum in Support Re: Subpoenas filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Exhibit A - Amended Scheduling Order, #2 Exhibit B - March 5, 2015 Hearing Minute Entry, #3 Exhibit C - Notice of Subpoenas, #4 Exhibit D - Letters Initial Disclosures)(Schmutz, Evan)
July 29, 2015 Opinion or Order Filing 62 NOTICE of Appearance by Kimberly N. Barnes on behalf of HCG Platinum(a Utah corporation), Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright (Barnes, Kimberly)
July 28, 2015 Opinion or Order Filing 61 TRIAL ORDER with instructions to counsel: Five to Seven Day Bench Trial set for 9/22/2015 at 09:00 AM in Rm 7.300 before Judge Robert J. Shelby. Final Pretrial Conference set for 9/2/2015 at 02:30 PM in Rm 7.300 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 7/23/2015. (las)
July 16, 2015 Opinion or Order Filing 60 ORDER denying #58 Motion to Withdraw as Attorney.. Signed by Judge Robert J. Shelby on 7/16/2015. (las)
July 15, 2015 Opinion or Order Filing 59 MEMORANDUM in Support re #58 MOTION to Withdraw as Attorney and Memorandum in Support with Limited Non-Opposition filed by Defendant Preferred Product Placement. (Schutzman, Scott)
July 14, 2015 Opinion or Order Filing 58 MOTION to Withdraw as Attorney and Memorandum in Support filed by Counter Defendants HCG Platinum, HCG Platinum, Plaintiff HCG Platinum, Third Party Defendants Julie C. Mattingly, Ty Mattingly, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright. (Attachments: #1 Text of Proposed Order on Motion for Withdrawal of Counsel for Plaintiff and Third Party Defendants)(Schmutz, Evan)
May 20, 2015 Opinion or Order Filing 57 DOCKET TEXT ORDER No attached document. The court hereby CANCELS the settlement conference scheduled for May 22, 2015. The court previously advised the parties that unless the parties provided realistic, revised settlement briefs by 3:30 on May 21, the conference would be cancelled. The court received only one revised brief, which was substantially identical to the prior brief. The court will not waste its resources when the parties themselves are not interested in or moving towards settlement. If the parties get serious about settlement, they may contact the court for a new date and submit realistic settlement positions. Signed by Magistrate Judge Paul M. Warner on 5/20/2015. (dla)
April 29, 2015 Opinion or Order Filing 56 ORDER granting #55 Motion to Withdraw as Attorney. Added attorney Evan A. Schmutz,Kimberly N. Barnes for HCG Platinum,Evan A. Schmutz,Kimberly N. Barnes for HCG Platinum,Evan A. Schmutz,Kimberly N. Barnes for HCG Platinum,Evan A. Schmutz,Kimberly N. Barnes for Julie C. Mattingly,Evan A. Schmutz,Kimberly N. Barnes for Ty Mattingly,Evan A. Schmutz,Kimberly N. Barnes for Primary Colors,Evan A. Schmutz,Kimberly N. Barnes for Right Way Nutrition,Evan A. Schmutz,Kimberly N. Barnes for Weekes Holdings,Evan A. Schmutz,Kimberly N. Barnes for Annette Wright,Evan A. Schmutz,Kimberly N. Barnes for Kevin Wright. Attorney Stephen E. Quesenberry withdrawn from case. Signed by Judge Robert J. Shelby on 4/29/2015. (las)
April 28, 2015 Opinion or Order Filing 55 MOTION to Withdraw as Attorney and Substitute Counsel for Plaintiff and Third-Party Defendants filed by Plaintiff HCG Platinum. (Quesenberry, Stephen)
April 6, 2015 Opinion or Order Filing 54 ORDER for Settlement Conference - Settlement Conference set for 5/22/2015 at 01:00 PM in Rm 9.321 before Magistrate Judge Paul M. Warner. Signed by Magistrate Judge Paul M. Warner on 4/6/2015. (las)
April 1, 2015 Opinion or Order Filing 53 CERTIFICATE OF SERVICE by Preferred Product Placement of Special Interrogatories Propounded to HCG Platinum, Set 3, and Special Interrogatories Propounded to Right Way Nutrition, Set 2 (Schutzman, Scott)
March 30, 2015 Opinion or Order Filing 52 ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1) for for Settlement. No attached document. Signed by Judge Robert J. Shelby on 5/30/2015. (las)
March 5, 2015 Opinion or Order Filing 51 Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 3/5/2015. The court orders the parties to participate in a mediation session or settlement conference within 90 days. Cnsl will file a report within 14 days of the mediation or settlement conference. Cnsl will contact chambers if requesting the court set with a Magistrate Judge. The court sets a 5-7 day Bench Trial for 9/22/2015 at 9:00 AM in Rm 7.300. A Final Pretrial Conference is set for 9/2/2015 at 2:30 PM in Rm 7.300. The court allows pla to file additional motions within 2 weeks. Dft's cnsl will file response within the time allowed by local rules. The court grants dft's request to file follow up interrogatories. Pla will have 30 days to respond. Attorney for Plaintiff: Stephen Quesenberry; Attorney for Defendant: Scott Schutzman. Court Reporter: Ray Fenlon.(mjm)
February 25, 2015 Opinion or Order Filing 50 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Report and Scheduling Conference set for 3/5/2015 at 2:00 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
February 17, 2015 Opinion or Order Filing 49 MEMORANDUM DECISION AND ORDER denying #38 Motion for Summary Judgment. Signed by Judge Robert J. Shelby on 2/17/2015. (las)
October 27, 2014 Opinion or Order Filing 48 NOTICE of Change of Address by Stephen E. Quesenberry (Quesenberry, Stephen)
April 20, 2013 Opinion or Order Filing 46 NOTICE of Change of Firm Name and Email Addresses by Kevin Wright (Quesenberry, Stephen)
March 27, 2013 Opinion or Order Filing 47 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 3/27/2013 re #38 MOTION for Summary Judgment filed by Kevin Wright. The court hears oral argument and takes the matter under advisement. Attorney for Plaintiff: Stephen Quesenberry, Attorney for Defendant: Scott Schutzman. Court Reporter: Ray Fenlon. (mjm)
November 19, 2012 Opinion or Order Filing 45 REPLY to Response to Motion re #38 MOTION for Summary Judgment filed by ThirdParty Defendant Kevin Wright. (Quesenberry, Stephen)
November 5, 2012 Opinion or Order Filing 44 NOTICE OF HEARING ON MOTION re: #38 MOTION for Summary Judgment : (Notice generated by Mary Jane McNamee) Motion Hearing set for 3/27/2013 at 2:30 PM in Room 220 before Judge Robert J. Shelby. (mjm)
November 5, 2012 Opinion or Order Deadlines/Hearings terminated. The 5 day jury trial previously set for 3/18/2013 and the Final Pretrial Conference previously set for 3/4/2013 are VACATED. (mjm)
November 1, 2012 Opinion or Order Filing 43 MEMORANDUM in Opposition re #38 MOTION for Summary Judgment filed by ThirdParty Plaintiff Preferred Product Placement. (Attachments: #1 Appendix of Exhibits to the Decl of Scott Schutzman, #2 Supplement Separate Statement of Disputed/Undisputed Facts)(Schutzman, Scott)
November 1, 2012 Opinion or Order Filing 42 AFFIDAVIT/DECLARATION of Patricia Weldon in Opposition re #38 MOTION for Summary Judgment filed by ThirdParty Plaintiff Preferred Product Placement. (Schutzman, Scott)
November 1, 2012 Opinion or Order Filing 41 AFFIDAVIT/DECLARATION of Ronald Solomon in Opposition re #38 MOTION for Summary Judgment filed by ThirdParty Plaintiff Preferred Product Placement. (Schutzman, Scott)
November 1, 2012 Opinion or Order Filing 40 AFFIDAVIT/DECLARATION of Scott E. Schutzman in Opposition re #38 MOTION for Summary Judgment filed by ThirdParty Plaintiff Preferred Product Placement. (Attachments: #1 Exhibit Exhs 1-10 to Schutzman Decl, #2 Exhibit Exhs 11-13 to Schutzman Decl, #3 Exhibit Exhs 14-25 to Schutzman Decl, #4 Exhibit Exhs 26-34 to Schutzman Decl, #5 Exhibit Exhs 35-39 to Schutzman Decl, #6 Exhibit Exhs 40-52 to Schutzman Decl)(Schutzman, Scott)
October 15, 2012 Opinion or Order Filing 39 MEMORANDUM in Support re #38 MOTION for Summary Judgment filed by ThirdParty Defendant Kevin Wright. (Attachments: #1 Exhibit Declaration of Kevin Wright, #2 Exhibit Deposition of Annette Wright, #3 Exhibit Deposition of Julie Mattingly, #4 Exhibit Deposition of Ty Mattingly, #5 Exhibit Deposition of Kevin Wright, #6 Exhibit Distribution Agreement)(Quesenberry, Stephen)
October 15, 2012 Opinion or Order Filing 38 MOTION for Summary Judgment filed by ThirdParty Defendant Kevin Wright. (Quesenberry, Stephen)
October 4, 2012 Opinion or Order Filing 37 REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge Judge Robert J. Shelby. Judge Ted Stewart no longer assigned to the case. Case number will now read 2:11-cv-00496-RJS. Please make changes to document captions accordingly. (rks)
January 27, 2012 Opinion or Order Filing 36 AMENDED SCHEDULING ORDER: Amended Pleadings due by 3/12/2012. Joinder of Parties due by 3/12/2012. Discovery due by 9/17/2012. Motions due by 10/15/2012. Final Pretrial Conference set for 3/7/2013 02:30 PM in Room 142 before Judge Ted Stewart. 5 Day Bench Trial set for 3/18/2013 08:30 AM in Room 142 before Judge Ted Stewart. Signed by Magistrate Judge David Nuffer on 01/27/2012. (tls)
January 18, 2012 Opinion or Order Filing 35 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Amended Scheduling Order)(Quesenberry, Stephen)
December 14, 2011 Opinion or Order Filing 34 ANSWER to #33 Counterclaim HCG PLATINUM, LLC & THIRD-PARTY DEFENDANTS ANSWER TO FIRST AMENDED COUNERCLAIM AND THIRD-PARTY COMPLAINT filed by HCG Platinum, Julie C. Mattingly, Ty Mattingly, Primary Colors, Right Way Nutrition, Weekes Holdings, Annette Wright, Kevin Wright.(Quesenberry, Stephen)
November 23, 2011 Opinion or Order Filing 33 Amended COUNTERCLAIM and Third Party Complaint against HCG Platinum, filed by Preferred Product Placement. (Schutzman, Scott)
October 26, 2011 Opinion or Order Filing 32 MEMORANDUM DECISION granting #5 Third Party Defendants' Motion to Dismiss for Failure to State a Claim. Signed by Judge Ted Stewart on 10/26/2011. (tls)
October 14, 2011 Opinion or Order Filing 31 CERTIFICATE OF SERVICE by HCG Platinum CERTIFICATE OF SERVICE OF HCG PLATINUM, LLCS SECOND SUPPLEMENTAL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS (Quesenberry, Stephen)
September 23, 2011 Opinion or Order Filing 30 NOTICE OF HEARING ON MOTION re: #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (Notice generated by Chambers/slm) Motion Hearing set for 11/29/2011 03:00 PM in Room 142 before Judge Ted Stewart. (slm)
September 16, 2011 Opinion or Order Filing 29 NOTICE of NOTICE OF DEPOSITION OF PREFERRED PRODUCT PLACEMENT CORPORATION by HCG Platinum (Quesenberry, Stephen)
September 14, 2011 Opinion or Order Filing 28 SCHEDULING ORDER: Initial Pretrial hearing set for October 12, 2011 at 10:30 a.m. vacated. Amended Pleadings due by 3/12/2012. Joinder of Parties due by 3/12/2012. Discovery due by 7/16/2012. Motions due by 8/13/2012. Final Pretrial Conference set for 1/2/2013 02:30 PM in Room 142 before Judge Ted Stewart. 5 Day Bench Trial set for 1/14/2013 08:30 AM in Room 142 before Judge Ted Stewart. Signed by Magistrate Judge David Nuffer on 09/13/2011. (tls)
September 9, 2011 Opinion or Order Filing 27 CERTIFICATE OF SERVICE by HCG Platinum CERTIFICATE OF SERVICE: HCG PLATINUM'S FIRST SET OF DISCOVERY REQUESTS TO PREFERRED PRODUCT PLACEMENT CORPORATION (Quesenberry, Stephen)
September 9, 2011 Opinion or Order Filing 26 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order SCHEDULING ORDER AND)(Quesenberry, Stephen)
September 7, 2011 Opinion or Order Filing 25 CERTIFICATE OF SERVICE by HCG Platinum HCG Platinum, LLC'S SUPPLEMENTAL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS (Quesenberry, Stephen)
September 1, 2011 Opinion or Order Filing 24 REPORT OF ATTORNEY PLANNING MEETING. (Quesenberry, Stephen)
August 17, 2011 Opinion or Order Filing 23 CERTIFICATE OF SERVICE by HCG Platinum CERTIFICATE OF SERVICE OF HCG PLATINUM, LLCS RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS (Quesenberry, Stephen)
August 17, 2011 Opinion or Order Filing 22 RESPONSE to Discovery Request from PPPC filed by Plaintiff HCG Platinum.(Quesenberry, Stephen)
August 5, 2011 Opinion or Order Filing 21 REQUEST to Submit for Decision re #20 Reply Memorandum/Reply to Response to Motion filed by Third Party Defendants Ty Mattingly, Right Way Nutrition, Kevin Wright. (Quesenberry, Stephen)
August 5, 2011 Opinion or Order Filing 20 REPLY to Response to Motion re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Reply in Support of Motion to Dismiss filed by Third Party Defendants Ty Mattingly, Right Way Nutrition, Kevin Wright. (Quesenberry, Stephen)
August 4, 2011 Opinion or Order Filing 19 CERTIFICATE OF SERVICE by Preferred Product Placement re Initial Disclosure (Schutzman, Scott)
August 4, 2011 Opinion or Order Filing 18 CERTIFICATE OF SERVICE by HCG Platinum Certificate of Service of HCG Platinum LLC'S Initial Disclosures (Quesenberry, Stephen)
August 3, 2011 Opinion or Order Filing 16 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 10/12/2011 10:30 AM in Room 477 before Magistrate Judge David Nuffer. (tab)
July 27, 2011 Opinion or Order Filing 15 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference. (alp)
July 27, 2011 Opinion or Order Filing 14 Deadline for submission of Consent/Reassignment Forms has now passed. One or more of the parties did not file form, therefore case is no longer eligible for magistrate assignment. Case Reassigned to District Judge and is randomly assigned to Judge Ted Stewart. (alp)
July 27, 2011 Opinion or Order Judge Ted Stewart added. Magistrate Judge David Nuffer no longer assigned to case. (alp)
July 19, 2011 Opinion or Order Filing 13 MEMORANDUM in Opposition re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Counter Claimant Preferred Product Placement. (Schutzman, Scott)
July 12, 2011 Opinion or Order Filing 12 DOCKET TEXT ORDER granting #9 Motion for Admission Pro Hac Vice of N. Michael Abed,Scott E. Schutzman for Preferred Product Placement. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting #10 Motion for Admission Pro Hac Vice of N. Michael Abed,Scott E. Schutzman for Preferred Product Placement. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge David Nuffer on 07/12/2011. No attached document. (asp)
July 11, 2011 Opinion or Order Filing 11 NOTICE REMINDER - Parties who have not already filed are requested to respond within the time frame set forth in the #7 Notice of Presiding Magistrate Assignment, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (alp)
July 8, 2011 Opinion or Order Filing 10 MOTION for Admission Pro Hac Vice of N. Michael Abed, Registration fee $ 15, receipt number 4681045508, Fee Status: Paid. filed by Defendant Preferred Product Placement. (asp)
July 8, 2011 Opinion or Order Filing 9 MOTION for Admission Pro Hac Vice of Scott E. Schutzman, Registration fee $ 15, receipt number 4681045508, Fee Status: Paid. filed by Defendant Preferred Product Placement. (asp)
June 22, 2011 Opinion or Order Filing 8 RECEIVED Consent/Reassignment Form from Plaintiff HCG Platinum, Third Party Defendants Ty Mattingly, Kevin Wright. (alp)
June 22, 2011 Opinion or Order Filing 7 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 HCG Platinum, Defendant Preferred Product Placement. Form due by 7/7/2011. (alp)
June 21, 2011 Opinion or Order Filing 6 MEMORANDUM in Support re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Third Party Defendants Ty Mattingly, Right Way Nutrition, Kevin Wright. (Quesenberry, Stephen)
June 21, 2011 Opinion or Order Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Third Party Defendants Ty Mattingly, Right Way Nutrition, Kevin Wright. (Quesenberry, Stephen)
June 21, 2011 Opinion or Order Filing 4 HCG Platinum's Answer to Counter-Complaint ANSWER to #2 Counterclaim filed by HCG Platinum.(Quesenberry, Stephen)
June 2, 2011 Opinion or Order Filing 3 NOTICE OF ADR, e-mailed or mailed to Plaintiff HCG Platinum, Defendant Preferred Product Placement. (tls)
June 1, 2011 Opinion or Order Filing 2 ANSWER to Complaint (Notice of Removal #1 , THIRD PARTY COMPLAINT against Kevin Wright, Right Way Nutrition, Ty Mattingly, COUNTERCLAIM against HCG Platinum filed by Preferred Product Placement. (Attachments: #1 Exhibit A - Manufacturer's Representative Agreement, #2 Exhibit B - Confidentiality Non-Circumvent Agreement)(tls)
June 1, 2011 Opinion or Order Filing 1 NOTICE OF REMOVAL from 4th District Court, Utah County, case number 110401272. ( Filing fee $ 350 receipt number 4681044235), filed by Preferred Product Placement. (Attachments: #1 Exhibit A - State Complaint and Attachments, #2 Civil Cover Sheet) Assigned to Magistrate Judge David Nuffer (tls)

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Search for this case: HCG Platinum v. Preferred Product Placement
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3rd party defendant: Right Way Nutrition
Represented By: William Kelly Nash
Represented By: Alissa M. Mellem
Represented By: Kimberly N. Baum
Represented By: Jordan K. Cameron
Represented By: Erik A. Christiansen
Represented By: Evan A. Schmutz
Represented By: Stephen E. Quesenberry
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3rd party defendant: Kevin Wright
Represented By: William Kelly Nash
Represented By: Alissa M. Mellem
Represented By: Kimberly N. Baum
Represented By: Jordan K. Cameron
Represented By: Erik A. Christiansen
Represented By: Evan A. Schmutz
Represented By: Stephen E. Quesenberry
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3rd party defendant: Ty Mattingly
Represented By: William Kelly Nash
Represented By: Alissa M. Mellem
Represented By: Kimberly N. Baum
Represented By: Jordan K. Cameron
Represented By: Erik A. Christiansen
Represented By: Evan A. Schmutz
Represented By: Stephen E. Quesenberry
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3rd party defendant: Annette Wright
Represented By: William Kelly Nash
Represented By: Alissa M. Mellem
Represented By: Kimberly N. Baum
Represented By: Jordan K. Cameron
Represented By: Erik A. Christiansen
Represented By: Evan A. Schmutz
Represented By: Stephen E. Quesenberry
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3rd party defendant: Weekes Holdings
Represented By: William Kelly Nash
Represented By: Alissa M. Mellem
Represented By: Kimberly N. Baum
Represented By: Jordan K. Cameron
Represented By: Erik A. Christiansen
Represented By: Evan A. Schmutz
Represented By: Stephen E. Quesenberry
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3rd party defendant: Julie C. Mattingly
Represented By: William Kelly Nash
Represented By: Alissa M. Mellem
Represented By: Kimberly N. Baum
Represented By: Jordan K. Cameron
Represented By: Erik A. Christiansen
Represented By: Evan A. Schmutz
Represented By: Stephen E. Quesenberry
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3rd party defendant: Primary Colors
Represented By: William Kelly Nash
Represented By: Alissa M. Mellem
Represented By: Kimberly N. Baum
Represented By: Jordan K. Cameron
Represented By: Erik A. Christiansen
Represented By: Evan A. Schmutz
Represented By: Stephen E. Quesenberry
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Plaintiff: HCG Platinum
Represented By: William Kelly Nash
Represented By: Alissa M. Mellem
Represented By: Kimberly N. Baum
Represented By: Jessica Griffin Anderson
Represented By: Jordan K. Cameron
Represented By: Erik A. Christiansen
Represented By: Evan A. Schmutz
Represented By: Stephen E. Quesenberry
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3rd party plaintiff: Preferred Product Placement
Represented By: Scott E. Schutzman
Represented By: Cecil R. Hedger
Represented By: Daniel K. Brough
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