Global Fitness Holdings, LLC v. Federal Recovery Acceptance, Inc.
| Global Fitness Holdings, LLC |
| Federal Recovery Services and Federal Recovery Acceptance, Inc. |
| 2:2013cv00204 |
| March 21, 2013 |
| US District Court for the District of Utah |
| Central Office |
| XX US, Outside State |
| David Nuffer |
| Contract: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2018. A more recent docket listing may be available from PACER.
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| Filing 466 NOTICE FROM THE CLERK OF COURT - DISPOSITION OF EXHIBITS. The court has Trial Exhibits (trial held 11/13-15/2015. Exhibits on thumb drive). On 9/6/2018, court noticed attorneys of record of potential disposal of exhibits. Counsel were given 7 days to respond. Court has not received any response to take possession of exhibits. Therefore, exhibits are now being shredded for disposal. (asb) |
| Filing 465 DOCUMENTS LODGED consisting of 2018 Sept 13 Marnae Hadlock email stipulating to disposal of trial exhibits. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (asb) |
| Filing 464 NOTICE FROM THE CLERK OF COURT - DISPOSITION OF EXHIBITS filed with the Court are scheduled for disposal. The court has Trial Exhibits (trial held 11/13-15/2015. Exhibits on thumb drive). Counsel to take possession of exhibits within 7 days of this notice or exhibits will be disposed of by clerk's office. Counsel to contact Judge Nuffer's chambers at dj.nuffer@utd.uscourts.gov to either take possession or stipulate to their disposal. (asb) |
| Filing 463 AMENDED JUDGMENT entered in favor of Plaintiff Global Fitness Holdings, LLC in the amount of $242,799.71 (net judgment of $163,660.01 plus $79,139.70 prejudgment interest). Signed by Judge David Nuffer on 8/29/17 (alt) |
Filing 462
ORDER granting #461 Motion for Computation of Prejudgment Interest. Signed by Judge David Nuffer on 8/29/17 (alt)
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| Filing 461 Stipulated MOTION for Computation of Prejudgment Interest filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 460 STIPULATION as to Computation of Prejudgment Interest by Global Fitness Holdings, LLC. (Mortensen, David) |
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Filing 459
MEMORANDUM DECISION AND ORDER granting in part and denying in part #385 Motion for Attorney Fees; denying #401 Motion for Attorney Fees; granting in part and denying in part #416 Motion for Attorney Fees: joint motion identifying the amount of prejudgment interest on Global's net judgment due by 8/25/17. Signed by Judge David Nuffer on 8/4/17 (alt)
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Filing 458
MEMORANDUM DECISION AND ORDER denying #402 Motion for Judgment as a Matter of Law, or in the alternative MOTION for New Trial. Signed by Judge David Nuffer on 5/5/17 (alt)
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| Filing 457 **SEALED DOCUMENT** re 454 Order on Motion for New Trial, Motion Hearing. Sealed exhibits (bookmarked) referred to during the evidentiary hearing held 4/13/2017 before Judge David Nuffer. (asb) |
| Filing 456 Witness and Exhibit List from evidentiary hearing held 4/13/2017 before Judge David Nuffer. (asb) |
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Filing 455
ORDER that the portion of #402 MOTION for Judgment as a Matter of Law, MOTION for New Trial relating to the issue of juror bias is withdrawn. Signed by Judge David Nuffer on 4/13/17 (alt)
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| Filing 454 Minute Order. Proceedings held before Judge David Nuffer: Counsel present for parties. Court identified two documents on the docket that were filed, identifying Jurors #2 and 6 by name, [451-1] and #437 (437 is currently a restricted document). Court ordered [451-1] be sealed. Counsel to review #437 and notify the court reporter where redactions need to be made, prior to the document becoming unrestricted.Jurors #2 and 6 excused from the courtroom until such time they complete testimony.Preliminary matters discussed. Jurors #2 and 6 will not be identified by names or identifiers.Mr. Andreason called Juror #2. Witness sworn and testified. Mr. Andreason referred to Exhibits C, E, F, G, I, K, L, M, N. Juror #2 excused.Mr. Andreason called Juror #6. Witness sworn and testified. Mr. Andreason referred to Exhibits B, C, O, P, Q, R, S, T, U, V and W. Juror #6 excused.Mr. Andreason withdrew the motion for new trial on the basis of juror bias. Court instructed Mr. Andreason to submit the exhibits as part of todays record as offered. Court did not receive the exhibits. Court granted the withdraw.Court adjourned.withdrawing #402 Motion for New Trial; Motion Hearing held on 4/13/2017 re #402 MOTION for Judgment as a Matter of Law MOTION for New Trial filed by Federal Recovery Acceptance, Inc.. Attorney for Plaintiff: David Owen, David Mortensen, Attorney for Defendant Rod Andreason. Court Reporter: Kelly Hicken.(Time Start: 9:01, Time End: 10:30, Room 3.100.) (asb) |
| Filing 453 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Service Subpoena served on Jeffrey Wheat on 03/24/2017, filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 452 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Service Subpoena served on Terresa Paddock on 03/26/2017, filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 451 EXHIBITS filed by Federal Recovery Acceptance, Inc. re 444 Order,,,,,,,. (Attachments: #1 Exhibit A- FRAIJ00001-FRAIJ00238)(Andreason, Rod) |
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Filing 450
DOCKET TEXT ORDER re #438 Order, Set Hearings. Federal Recovery Acceptance, Inc., as the moving party on the #402 Motion, is directed to serve Jurors #2 and #6 with subpoenas to appear and give testimony at the April 13, 2017 evidentiary hearing. Copies of the materials referenced in Paragraph 3 of the #438 Order must accompany the subpoenas served on Jurors #2 and #6. No attached document. Signed by Judge David Nuffer on 03/21/2017. (apm)
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| Filing 449 NOTICE OF CONVENTIONAL FILING of Sealed Exhibits A, B, and D filed by Defendant Federal Recovery Acceptance, Inc. re #442 Notice of Filing (Andreason, Rod) |
| Filing 448 **SEALED DOCUMENT** SEALED EXHIBITS TO #439 Response (NOT to motion), filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Exhibit A, #2 Envelope B, #3 Exhibit D) (alt) |
| Filing 447 NOTICE OF CONVENTIONAL FILING of Exhibits A, B, and D to Response to Order for Evidentiary Hearing re Juror Bias [Dkt. 439] filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Affidavit Declaration of David L. Mortensen) (Mortensen, David) |
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Filing 446
ORDER granting #443 Motion for Leave to File Exhibits A, B, and D to Dft's Response Under Seal. Signed by Judge David Nuffer on 3/13/17 (alt)
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Filing 445
ORDER granting #440 Motion for Leave to File Under Seal Exhibits A, B and D to Pla's Response Under Seal. Signed by Judge David Nuffer on 3/13/17 (alt)
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Filing 444
DOCKET TEXT ORDER re #439 Response (NOT to motion), filed by Global Fitness Holdings, LLC, #442 Notice of Filing filed by Federal Recovery Acceptance, Inc., #438 Order, Set Hearings. IT IS HEREBY ORDERED THAT:(1) The #438 Order is corrected to refer to Jurors #2 and #6, and not Juror #4. (2) The scope of any questions to witnesses or documents introduced at the April 13, 2017 evidentiary hearing, as set forth in paragraph (2) of the #438 Order, is expanded to permit: (a) Global Fitness Holdings, LLC to question a representative of Paramount at the hearing to identify and discuss the documents relating to Jurors #2 and #6, including the meaning and history of those documents and their discovery by Federal Recovery Acceptance, Inc. (Paramount); and (b) foundational questions to Jurors #2 and #6 regarding their history of using the services of Federal Recovery Acceptance, Inc. (Paramount) and its affiliates, and sending and receiving communications to and from Federal Recovery Acceptance, Inc. (Paramount) and its affiliates. (3) By no later than March 31, 2017, Federal Recovery Acceptance, Inc. shall produce to Global Fitness Holdings, LLC and to the court any and all documents associated with Jurors #2 and #6 in its possession and not previously produced, including any and all correspondence with Jurors #2 and #6, including internal correspondence at Federal Recovery Acceptance, Inc. (Paramount), as well as any written communications Federal Recovery Acceptance, Inc. has had with any other jurors. (4) Federal Recovery Acceptance, Inc.'s objection to paragraph (3) of the #438 Order is OVERRULED.No attached document. Signed by Judge David Nuffer on 03/13/2017. (apm)
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| Filing 443 MOTION for Leave to File Under Seal Exhibits A, B, and D to Federal Recovery's Response to Order for Evidentiary Hearing re Juror Bias filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 442 NOTICE OF FILING of Notice of Filing Exhibits for Evidentiary Hearing on Juror Bias and Response to Proposed Procedure filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 441 NOTICE OF FILING of Notice of Filing Exhibits for Evidentiary Hearing on Juror Bias and Response to Proposed Procedure filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 440 MOTION for Leave to File Exhibits Under Seal re #439 Response (NOT to motion), filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Stinnett, Matthew) |
| Filing 439 RESPONSE re #438 Order, Set Hearings, filed by Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Paramount's client file for Juror#2 (to be filed under seal), #2 Exhibit B - Paramount's client file for Juror#6 (to be filed under seal), #3 Exhibit C - Juror Questionnaire, #4 Exhibit D - Transcript of excerpts from jury selection (to be filed under seal))(Stinnett, Matthew) |
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Filing 438
ORDER setting Evidentiary Hearing for 4/13/2017 at 09:00 AM in Rm 3.100 before Judge David Nuffer re Jury Bias. Signed by Judge David Nuffer on 3/3/17 (alt)
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| Filing 437 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Excerpts from Jury Selection held on October 13, 2015, before Judge David Nuffer. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR, Telephone number 801-524-7238. 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 3/24/2017. Redacted Transcript Deadline set for 4/3/2017. Release of Transcript Restriction set for 6/1/2017 (alt) Modified on 6/1/2017 by removing restricted text (las). |
| Filing 436 REQUEST to Submit for Decision re #402 MOTION for Judgment as a Matter of Law MOTION for New Trial filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 435 REQUEST to Submit for Decision re #401 MOTION for Attorney Fees filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
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Filing 434
DOCKET TEXT ORDER granting #432 Motion for Leave to File Excess Pages. Signed by Judge David Nuffer on 12/18/2015. No attached document. (mec)
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| Filing 433 REPLY to Response to Motion re #402 MOTION for Judgment as a Matter of Law MOTION for New Trial filed by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A: Global Civil Juror Questionnaire)(Andreason, Rod) |
| Filing 432 MOTION for Leave to File Excess Pages and Memorandum in Support re FRAI's Reply and Memo in Support for Renewed Motion for Judgment as a Matter of Law filed by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Text of Proposed Order)(Andreason, Rod) |
| Filing 431 REPLY to Response to Motion re #401 MOTION for Attorney Fees filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
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Filing 430
DOCKET TEXT ORDER granting #429 Motion for Leave to File Excess Pages. Signed by Judge David Nuffer on 12/17/2015. No attached document. (mec)
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| Filing 429 MOTION for Leave to File Excess Pages and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Text of Proposed Order for Leave to File Overlength Reply Memo)(Andreason, Rod) |
| Filing 428 **SEALED DOCUMENT** SEALED EXHIBIT H TO #422 Memorandum in Opposition to #401 MOTION for Attorney Fees, filed by Plaintiff Global Fitness Holdings, LLC (alt) |
| Filing 427 REPLY to Response to Motion re #385 MOTION for Attorney Fees filed by Plaintiff Global Fitness Holdings, LLC. (Stinnett, Matthew) |
| Filing 426 NOTICE OF CONVENTIONAL FILING of Exhibit H to Global's Opposition to Motion for an Award of Reasonable Attorney Fees and Expenses [Dkt. 422] filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Affidavit of David L. Mortensen) (Mortensen, David) |
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Filing 425
DOCKET TEXT ORDER granting #424 Motion for Leave to File. Signed by Judge David Nuffer on 12/7/2015. No attached document. (mec)
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| Filing 424 MOTION for Leave to File Under Seal Exhibit H to Global's Opposition to FRAI's Motion for an Award of its Reasonable Attorneys Fees and Expenses [Dkt. 422] filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Mortensen, David) |
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Filing 423
DOCKET TEXT ORDER granting #419 Motion for Leave to File Excess Pages; granting #421 Motion for Leave to File Excess Pages. Signed by Judge David Nuffer on 12/1/2015. No attached document. (mec)
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| Filing 422 MEMORANDUM in Opposition re #401 MOTION for Attorney Fees filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit Exhibit A - Supp Disclosures, #2 Exhibit Exhibit B - Third Supp Disclosures, #3 Exhibit Exhibit C - FRAI010620-22, #4 Exhibit Exhibit D - FRAI010645-48, #5 Exhibit Exhibit E - Second Supp Disclosures, #6 Exhibit Exhibit F - Depo Transcript, #7 Exhibit Exhibit G - Discovery Requests, #8 Exhibit Exhibit H - FIled Under Seal, #9 Exhibit Exhibit I - Discovery Requests, #10 Exhibit Exhibit J - Letter dated February 19, 2014)(Stinnett, Matthew) |
| Filing 421 MOTION for Leave to File Excess Pages re Opposition to Federal Recovery Acceptance, Inc.'s Motion for an Award of its Reasonable Attorney Fees and Expenses filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Stinnett, Matthew) |
| Filing 420 MEMORANDUM in Opposition re #402 MOTION for Judgment as a Matter of Law MOTION for New Trial filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit Exhibit A - Trial Transcript, #2 Exhibit Exhibit B - Proposed Voir Dire, #3 Exhibit Exhibit C - Juror Questionnaire, #4 Exhibit Exhibit D - Excerpt from Voir Dire)(Stinnett, Matthew) |
| Filing 419 MOTION for Leave to File Excess Pages re Opposition to Paramount's Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Stinnett, Matthew) |
| Modification of Docket re #402 MOTION for Judgment as a Matter of Law MOTION for New Trial. Error: Motion requesting 2 possible reliefs was filed with only one, incorrect, relief selected. Correction: Existing motion relief has been corrected to "Judgment as a Matter of Law" and second relief "New Trial" has been added to the entry. Duplicate party removed. (alt) |
| Filing 418 **SEALED DOCUMENT** SEALED EXHIBITS TO #402 MOTION for Judgment as a Matter of Law MOTION for New Trial filed by Defendant Federal Recovery Acceptance, Inc. (Attachments: #1 Exhibit Index, #2 Exhibit B, #3 Exhibit C) (alt) |
| Filing 417 **SEALED DOCUMENT** SEALED EXHIBITS TO EXHIBIT E Filed With #401 MOTION for Attorney Fees filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit Index, #2 Exhibit 1-Kirton McConkie Invoices, #3 Exhibit 2-KLC Invoices, #4 Exhibit 3-Wyatt Tarrant Combs Invoices) (alt) |
| Filing 416 MOTION for Attorney Fees Renewed filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
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Filing 415
DOCKET TEXT ORDER granting #414 Motion for Leave to File. Signed by Judge David Nuffer on 11/23/2015. No attached document. (mec)
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| Filing 414 MOTION for Leave to File Overlength Opposition to Global's Motion for Attorney Fees and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Text of Proposed Order)(Andreason, Rod) |
| Filing 413 MEMORANDUM in Opposition re #385 MOTION for Attorney Fees filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A- Contracts, #2 Exhibit B- Global's Amended Complaint, #3 Exhibit C- Global's Second Supplemental Initial Disclosures, #4 Exhibit D- FRAI's Third Supplemental Initial DIsclosures, #5 Exhibit E- Rule 68 Offer of Judgment)(Andreason, Rod) |
| Filing 410 NOTICE OF CONVENTIONAL FILING of Certain Exhibits filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc. re #402 MOTION for Directed Verdict and Memorandum in Support (Attachments: #1 Affidavit of Rod N. Andreason) (Andreason, Rod) |
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Filing 409
DOCKET TEXT ORDER granting #407 Motion for Leave to File. Signed by Judge David Nuffer on 11/19/2015. No attached document. (mec)
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| Filing 408 NOTICE OF CONVENTIONAL FILING of Certain Exhibits filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc. re #401 MOTION for Attorney Fees and Memorandum in Support (Attachments: #1 Affidavit of Rod N. Andreason) (Andreason, Rod) |
| Filing 407 MOTION for Leave to File Under Seal Certain Exhibits to FRAI's Motion for Judgment as Matter of Law [Dkt 402] and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Text of Proposed Order for Leave to File Under Seal)(Andreason, Rod) |
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Filing 406
DOCKET TEXT ORDER granting #405 Motion for Leave to File. Signed by Judge David Nuffer on 11/17/2015. No attached document. (mec)
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| Filing 405 MOTION for Leave to File Under Seal Certain Exhibits to FRAI's Motion for Attorney Fees [Dkt 401] and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Text of Proposed Order for Leave to File Under Seal)(Andreason, Rod) |
| Filing 404 ERRATA to #401 MOTION for Attorney Fees and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc. . (Attachments: #1 Exhibit E -- Affidavit of Rod N. Andreason with Exhibits 1-6)(Andreason, Rod) |
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Filing 403
DOCKET TEXT ORDER granting #400 Motion for Leave to File Excess Pages. Signed by Judge David Nuffer on 11/13/2015. No attached document. (asb)
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| Filing 402 MOTION for Judgment as a Matter of Law or in the alternative, MOTION for New Trial and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc. (Attachments: #1 Exhibit A- Transcript of Jury Trial, #2 Exhibit B- FRAI's File re. Juror #2, #3 Exhibit C- FRAI's File re. Juror #6)(Andreason, Rod). Added MOTION for New Trial and corrected existing motion relief to "Judgment as a Matter of Law" to match document on 11/25/2015 (alt) |
| Filing 401 MOTION for Attorney Fees and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A- Contracts, #2 Exhibit B- Global's Amended Complaint, #3 Exhibit C- Global's Second Supplemental Initial Disclosures, #4 Exhibit D- FRAI's Third Supplemental Initial DIsclosures, #5 Exhibit E- Affidavit of Rod N. Andreason)(Andreason, Rod) |
| Filing 400 MOTION for Leave to File Excess Pages and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Text of Proposed Order)(Andreason, Rod) |
| Filing 399 AMENDED CLERK'S JUDGMENT in favor of Global Fitness Holdings, LLC and against Federal Recovery Acceptance, Inc. in the amount of $163,660.01, pursuant to the 11/5/15 order of the court. Signed by LSY, Chief Deputy Clerk (alt) |
| Filing 398 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial held on October 14, 2015, before Judge David Nuffer. Court Reporter/Transcriber Rebecca Janke, CSR, RMR. 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 12/1/2015. Redacted Transcript Deadline set for 12/11/2015. Release of Transcript Restriction set for 2/8/2016 (alt) Modified on 2/8/2016 by removing restricted text (las). |
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Filing 397
DOCKET TEXT ORDER denying #396 MOTION for Relief from the Court's Docket Text Order 392 Granting Motion for Extension of Time re 392 Order on Motion for Extension of Time. Signed by Judge David Nuffer on 11/10/2015. No attached document. (asb)
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| Filing 396 MOTION for Relief from the Court's Docket Text Order 392 Granting Motion for Extension of Time re 392 Order on Motion for Extension of Time filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - E-mail dated 11/5/2015, #2 Exhibit B - E-mail dated 11/6/2015, #3 Exhibit C - E-mail dated 11/6/2015, #4 Text of Proposed Order)(Stinnett, Matthew) |
| Filing 395 **SEALED DOCUMENT** SEALED EXHIBITS TO #385 MOTION for Attorney Fees filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Index of Sealed Exhibits, #2 Exhibit E to Declaration of David Owen, #3 Exhibit F to Declaration of David Owen, #4 Exhibit D to Declaration of David Mortensen) (alt) |
| Filing 394 NOTICE OF CONVENTIONAL FILING of Certain Exhibits filed by Plaintiff Global Fitness Holdings, LLC re #385 MOTION for Attorney Fees and Memorandum in Support (Attachments: #1 Affidavit of David L. Mortensen) (Mortensen, David) |
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Filing 393
DOCKET TEXT ORDER granting #391 Motion for Leave to File. Signed by Judge David Nuffer on 11/6/2015. No attached document. (mec)
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Filing 392
DOCKET TEXT ORDER granting #390 Motion for Extension of Time. Paramount's motion for attorney fees may be filed by Thursday, 11/12/2015. Signed by Judge David Nuffer on 11/6/2015. No attached document. (mec)
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| Filing 391 MOTION for Leave to File Under Seal Certain Exhibits to Global's Motion for an Award of Reasonable Expenses and Attorneys' Fees [Dkt. 385] filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Mortensen, David) |
| Filing 390 MOTION for Extension of Time to File Motion for Attorney Fees and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Andreason, Rod) |
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Filing 389
ORDER granting #382 Motion to Amend/Correct #381 Clerk's Judgment. Signed by Judge David Nuffer on 11/5/15 (alt)
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| Filing 388 RESPONSE to Motion re #382 MOTION to Amend/Correct #381 Clerk's Judgment, and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
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Filing 387
DOCKET TEXT ORDER granting #384 Motion for Leave to File Excess Pages. Signed by Judge David Nuffer on 11/4/2015. No attached document. (mec)
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| Filing 386 NOTICE of Filing of Corrected Exhibit H to Motion for Award of Reasonable Expenses and Attorneys' Fees Pursuant to the Contracts by Global Fitness Holdings, LLC re #385 MOTION for Attorney Fees and Memorandum in Support (Attachments: #1 Corrected Exhibit H - Billing Rates) (Stinnett, Matthew) |
| Filing 385 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Contracts, #2 Exhibit B - Initial Demand, #3 Exhibit C - Global's Offer E-mail, #4 Exhibit D - Plaintiff's Second Supplemental Initial Disclosures, #5 Exhibit E - FRAI's Supplemental Initial Disclosures, #6 Exhibit F - FRAI's Third Supplemental Initial Disclosures, #7 Exhibit G - Offer of Judgment, #8 Exhibit H - Spreadsheet of Attorneys Fees, #9 Exhibit I - Declaration of David A. Owen, #10 Exhibit J - Declaration of David L. Mortensen, #11 Text of Proposed Order)(Stinnett, Matthew) |
| Filing 384 MOTION for Leave to File Excess Pages filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Stinnett, Matthew) |
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Filing 383
DOCKET TEXT ORDER taking under advisement #382 Motion to Amend/Correct. Paramount shall file notice of its position on #382 by NOON on 11/4/2015. Signed by Judge David Nuffer on 10/27/2015. No attached document. (mec)
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| Filing 382 MOTION to Amend/Correct #381 Clerk's Judgment, and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Stinnett, Matthew) |
| Filing 381 CLERK'S JUDGMENT in favor of Global Fitness Holdings, LLC, and against Federal Recovery Acceptance, in the amount of $67,814.82, which is the difference between the $281,116.38 owed by Global to Paramount under the 2008 contracts and the $348,931.20 owed by Paramount to Global for amounts withheld under the 2009 and 2011 contracts - CASE CLOSED. Signed by LSY, Chief Deputy Clerk. Magistrate Judge Evelyn J. Furse no longer assigned to case (alt) |
| Filing 380 DOCUMENTS LODGED consisting of 2015 Oct 19 Email from Rod Andreason to Judge Nuffer re: trial issues. (asb) |
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Filing 379
DOCKET TEXT ORDER denying 372 Motion for Directed Verdict; denying 378 Motion for Directed Verdict. Signed by Judge David Nuffer on 10/19/2015. No attached document. (mec)
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| Filing 367 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Testimony of Keith Traywick held on October 14, 2015, before Judge David Nuffer. Court Reporter/Transcriber Rebecca Janke, CSR, RMR. 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 11/6/2015. Redacted Transcript Deadline set for 11/16/2015. Release of Transcript Restriction set for 1/14/2016 (alt) Modified on 1/14/2016 by removing restricted text (las). |
| Filing 378 ORAL MOTION for Directed Verdict filed by Plaintiff Global Fitness Holdings, LLC, Counter Defendant Global Fitness Holdings, LLC. (asb) |
| Filing 377 **SEALED DOCUMENT** Jury Panel Record. (asb) |
| Filing 376 JURY VERDICT. (asb) |
| Filing 375 **SEALED DOCUMENT** Jury Notes. (asb) |
| Filing 374 Jury Trial Final Witness and Exhibit List (exhibits are all electronic and on thumb drive located in chambers). (asb) |
| Filing 373 Jury Instructions. (asb) |
| Filing 372 ORAL MOTION for Directed Verdict filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services, Counter Claimant Federal Recovery Acceptance, Inc.. (asb) |
| Filing 371 Minute Entry for proceedings held before Judge David Nuffer: Jury Trial completed on 10/15/2015. Counsel present with party representatives. Court opened with discussions with counsel outside the presence of the jury. Jury returned at 8:05 a.m. Witness called and testified. Parties rested. Closing argument heard. Jury instructed. Jury deliberations began at 10:30 a.m. Mr. Andreason made oral motion for Rule 50(b) directed verdict. Mr. Owen made same motion on behalf of his client with the same argument as Mr. Andreason. Court did not rule at this time.Court resumed session at 5:20 p.m. Jury returned to court at 5:22 p.m. with verdict. Verdict read and published at 5:24 p.m. Mr. Owen requested the jury be polled. Court polled the jury. Court adjourned at 5:30 p.m. Global Attorneys: David Mortensen, David Owen, Matthew Stinnett. Paramount Attorneys: Rod Andreason, Adam Kaas, Joshua Rupp.. Court Reporter: Kelly Hicken.(Time Start: 7:50, Time End: 5:30, Room 3.100.)(asb) Modified on 10/19/2015 (asb). |
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Filing 370
ORAL ORDER denying 369 Motion for Directed Verdict. Signed by Judge David Nuffer on 10/14/2015. No attached document. (asb)
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| Filing 369 ORAL MOTION for Directed Verdict made by Plaintiff Global Fitness Holdings, LLC, Counter Defendant Global Fitness Holdings, LLC. (asb) |
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Filing 366
ORDER dismissing with prejudice FRAI's claims for Breach of the Implied Covenant of Good Faith and Fair Dealing (Count II) and Unjust Enrichment (Count III. Signed by Judge David Nuffer on 10/14/15 (alt)
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| Filing 365 Minute Entry for proceedings held before Judge David Nuffer: Jury Trial held on 10/14/2015. Counsel present with party representatives. Court opened with discussions with counsel outside the presence of the jury. Jury returned at 8:30 a.m. Witnesses called and testified. Exhibits marked and entered into the record. Court recessed with the jury at 11:30 a.m. Outside the presence of the jury, Mr. Owen made an oral motion for a directed verdict. Argument heard. Court made findings on the record and denied the motion at this time.Jury returned at 12:20 p.m. Witness called and testified. Court adjourned at 1:00 p.m., after admonishing the jury and instructing them that court will begin at 8:00 a.m. on 10/15/2015. Global Attorneys: David Mortensen, David Owen, Matthew Stinnett. Paramount Attorneys: Rod Andreason, Adam Kaas, Joshua Rupp. Court Reporter: Becky Janke.(Time Start: 8:05, Time End: 1:10, Room 3.100.)(asb) |
| Filing 364 Minute Entry for proceedings held before Judge David Nuffer: In Chambers Conference held on 10/13/2015, Voir Dire held on 10/13/2015, Jury Trial held on 10/13/2015. Counsel present with party representatives. Court opened with pre-trial conference discussion with counsel, outside the presence of the jury panel. At 9:15, jury panel seated. Voir dire held and completed. 12 jurors selected and sworn.Opening statements heard, witness called to testify. Exhibits offered and entered into the record. Jury admonished and excused at 2:05 p.m. Jury instructed to return at 8:00 a.m. 10/14/2015.Outside the presence of the jury, discussion heard with counsel. Court adjourned. Attorney for Plaintiff: Global Attorneys: David Mortensen, David Owen, Matthew Stinnett, Attorney for Defendant: Rod Andreason, Adam Kaas, Joshua Rupp. Court Reporter: Kelly Hicken.(Time Start: 8:05, Time End: 2:15, Room 3.100.)(asb) |
| Filing 363 STIPULATION of Dismissal of Claims for Breach of Implied Covenant and Unjust Enrichment by Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
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Filing 362
MEMORANDUM DECISION AND ORDER granting #354 Motion in Limine; granting #357 Motion in Limine. Signed by Judge David Nuffer on 10/9/15 (alt)
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| Set/Reset Hearings: 7-Day Jury Trial set for 10/13-20/2015 at 08:00 AM in Rm 3.100 before Judge David Nuffer. (8:00 - discussions outside the presence of the jury, jury trial begins at 8:30 a.m.)(asb) |
| Filing 361 MEMORANDUM in Support re #354 MOTION in Limine to Exclude Evidence Ruled on in Summary Judgment (Renewed) filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 360 MEMORANDUM in Opposition re #357 MOTION in Limine to Exclude Paramount's Exhibits 3, 6, 9 and 59 filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 359 Proposed Findings of Fact by Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
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Filing 358
DOCKET TEXT ORDER taking under advisement #357 Motion in Limine. Any response shall be filed by 2:00 PM on Thursday 10/8/2015. Any reply shall be filed by NOON on Friday 10/9/2015.Signed by Judge David Nuffer on 10/6/2015. No attached document. (mec)
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| Filing 357 MOTION in Limine to Exclude Paramount's Exhibits 3, 6, 9 and 59 filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Paramount Exhibit 3, #2 Exhibit B - Paramount Exhibit 6, #3 Exhibit C - Paramount Exhibit 9, #4 Exhibit D - Paramount Exhibit 59, #5 Text of Proposed Order)(Mortensen, David) |
| Filing 356 RESPONSE to Motion re #354 MOTION in Limine and Memorandum in Support to Exclude Evidence Ruled on in Summary Judgment (Renewed) filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Paramount Exhibit 3, #2 Exhibit B - Paramount Exhibit 6, #3 Exhibit C - Paramount Exhibit 9, #4 Exhibit D - Paramount Exhibit 59, #5 Text of Proposed Order)(Mortensen, David) |
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Filing 355
DOCKET TEXT ORDER taking under advisement #354 Motion in Limine. Any response, limited to 6 pages, must be filed by NOON on Tuesday 10/6/2015. Any reply, limited to 3 pages, must be filed by NOON on Thursday 10/8/2015.Signed by Judge David Nuffer on 10/2/2015. No attached document. (mec)
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| Filing 354 MOTION in Limine and Memorandum in Support to Exclude Evidence Ruled on in Summary Judgment (Renewed) filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A. Global Trial Exhibit List, #2 Exhibit B Global #8, #3 Exhibit C Global #9, #4 Exhibit D Global #10, #5 Exhibit E Global #11, #6 Exhibit F Global #12, #7 Exhibit G Global #13, #8 Exhibit H Global #14, #9 Exhibit I Global #15, #10 Exhibit J Global #16, #11 Exhibit K Global #17, #12 Exhibit L Global #18, #13 Exhibit M Global #19, #14 Exhibit N Global #20, #15 Exhibit O Global #21, #16 Exhibit P Global #26, #17 Exhibit Q Global #27, #18 Exhibit R Global #28, #19 Exhibit S Global #31, #20 Exhibit T Global #30, #21 Exhibit U Global #32, #22 Exhibit V Global #33, #23 Exhibit W Global #34, #24 Exhibit X Global #35, #25 Exhibit Y Global #37, #26 Exhibit Z Global #47, #27 Exhibit AA Global #48, #28 Exhibit BB Global #49)(Andreason, Rod) |
| Filing 353 NOTICE of Filing of Deposition Designation Form by Global Fitness Holdings, LLC (Attachments: #1 Exhibit A - Gragg deposition designations) (Mortensen, David) |
| Filing 352 Proposed Exhibit List for Bench Trial by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc... (Andreason, Rod) |
| Filing 351 Proposed Witness List for Bench Trial by Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 350 Proposed Exhibit List for Jury Trial by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc... (Andreason, Rod) |
| Filing 349 Proposed Witness List for Jury Trial by Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 347 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference Rulings held on September 23, 2015 before Judge David Nuffer. Court Reporter/Transcriber Rebecca Janke, CSR, RPR, RMR, Telephone number 801-521-7238. 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 10/19/2015. Redacted Transcript Deadline set for 10/29/2015. Release of Transcript Restriction set for 12/28/2015. (jmr) Modified on 12/29/2015 by removing restricted text (las). |
| Filing 346 ** SEALED DOCUMENT ** DOCUMENTS LODGED consisting of Screenshots from FPT, Exhibits 23 and 39. (asb) |
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Filing 345
DOCKET TEXT ORDER overruling #325 Notice of Objection to Jury Instruction and Special Verdict Form. No attached document.A claim cannot be adjudicated and disposed at this stage through objections to jury instructions and verdict forms. Because no timely motion was made to dispose of this claim, and Paramount has proffered some factual basis for the claim, its inclusion in jury instructions and the verdict form is proper.Signed by Judge David Nuffer on 9/23/2015. (mec)
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| Filing 344 Minute Order. Proceedings held before Judge David Nuffer: SEE ATTACHMENTFinal Pretrial Conference held on 9/23/2015, Motion Hearing held on 9/23/2015 re #282 MOTION in Limine to Exclude Irrelevant Evidence Regarding Late and Bank Fees From 2009 and 2011 Contracts filed by Global Fitness Holdings, LLC, #284 MOTION in Limine to Exclude Certain Evidence Regarding the Interpretation of the Term "Account" filed by Global Fitness Holdings, LLC. Attorney for Plaintiff: David L. Mortensen, David A. Owen, Matthew A. Stinnett, Attorney for Defendant Rod N. Andreason, Adam M. Kaas, Joshua S. Rupp. Court Reporter: Becky Janke.(Time Start: 9:10, Time End: 2:35, Room 3.100.) (asb) |
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Filing 343
Joint PRETRIAL ORDER Jury Trial set for 10/13/2015 at 08:30 AM in Rm 3.100 before Judge David Nuffer. Signed by Judge David Nuffer on 9/23/2015. (jds)
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Filing 342
DOCKET TEXT ORDER granting in part and denying in part #284 Motion in Limine. No attached document."Account" means the per-customer account the member account and there is no account for each contract or each service. This is apparent from the face of the contracts. The 2008 Contracts use the words "account" and "contract" in careful distinction. The interpretations that "account" means service or contract account is not reasonably supported by the language of the contract, so the contract is unambiguous on its face.An account that is fully paid, terminated, and satisfied by the customer, and that has no activity as of the date of termination is not an account that bears the $5 fee. Globals argument that accounts it canceled, or that are inactive or delinquent, are not "accounts" is rejected.Signed by Judge David Nuffer on 9/23/2014. (mec)
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Filing 341
DOCKET TEXT ORDER ruling on objections in deposition designations for witness Sean Kirby.The attached Deposition Designation Form for Sean Kirby contains the ruling sustaining Global's general objection to his testimony.Signed by Judge David Nuffer on 9/23/2015. (mec)
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| Filing 340 NOTICE of Filing of Declaration of Todd C. Rasmussen by Federal Recovery Acceptance, Inc. re 324 Order on Motion in Limine,,, (Attachments: #1 Exhibit 1: Declaration of Todd C. Rasmussen) (Andreason, Rod) |
| Filing 339 NOTICE of of Filing of Declaration of K. Trawick by Global Fitness Holdings, LLC re 324 Order on Motion in Limine,,, (Attachments: #1 Declaration of K. Trawick) (Stinnett, Matthew) |
| Filing 338 RESPONSE re #325 Notice (Other),of Objection to Jury Instruction and Special Verdict Form filed by Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 337 RESPONSE re #323 Memorandum Decision,,Regarding Accounting filed by Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A: 2008 Graceland Contract, #2 Exhibit B: Declaration of Glen Bendixen)(Andreason, Rod) |
| Filing 336 Joint MEMORANDUM re #323 Memorandum Decision, filed by Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 335 RESPONSE re #327 Notice (Other), filed by Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A: Global's Rule 26(a)(2)(D)(ii) Disclosure, #2 Exhibit B: Def's Opposition to Global's Motion to Strike)(Andreason, Rod) |
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Filing 334
DOCKET TEXT ORDER No attached document, Motion found as moot: #216 SEALED MOTION to Exclude Testimony and Report of Brian G. Lloyd filed by Federal Recovery Services, Federal Recovery Acceptance, Inc.In Global's #314 Notice, Paramount's #315 Notice, and Global's #330 Response, the parties agreed that Paramount's #216 Motion regarding Brian Lloyd is now moot as his testimony is no longer relevant. However, Paramount listed this motion as needing further decision (see section entitled "Need for Decision on FRAI's Motions" in Paramount's #215 Notice at 45), arguing that Mr. Lloyd (Paramount wrote "Mr. Curtis," but it is presumed the reference is to Lloyd) "has no purpose for testifying at trial and should not be permitted to do so." Id. at 5.The testimony of Mr. Lloyd that Paramount's #216 Motion sought to exclude concerned "what Global would have done in closing its sale to L.A. Fitness had Paramount transferred the data to Global earlier than it did, on the grounds that such opinions are speculative, use flawed methodology, and fail to consider key facts." Paramount's #315 Notice at 5. In Global's #330 Response, it noted that "Paramount's request appears to be founded on the fear that Global will attempt to call [Mr. Loyd on the asset acquisition by L.A. Fitness of Global and the timing of the closing in relation to Paramount's delay in transferring certain membership information to Global] at trial despite the Court's prior rulings. As Global has previously stated, it agrees that the proposed testimony from these experts or any witness seeking to discuss parol evidence of the contracts is irrelevant and does not intend to call any such witness at trial." Global's #314 Notice at 23.Paramount's #216 Motion is moot.Signed by Judge David Nuffer on 9/17/2015. No attached document. (mec)
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Filing 333
DOCKET TEXT ORDER finding as moot #214 Motion to Exclude In Global's #314 Notice and #330 Response, Global argues that Paramount's #214 Motion regarding Paul Schaller is moot as his testimony is no longer relevant. In its #315 Notice, Paramount argued that its #214 Motion required a decision, arguing that although "the majority of this motion and its subject matter" is moot, "it is not mooted regarding Mr. Schaller's proposed opinion on the appropriateness of FRAI's termination fees" (citing #214 Motion at 1213) (emphasis in original).Paramount argued that this "testimony [on the appropriateness of FRAI's termination fees] is irrelevant" (Paramount's #315 Notice at 45). In its #330 Response, Global noted that "Paramount's request appears to be founded on the fear that Global will attempt to call [Mr. Schaller] at trial despite the Court's prior rulings. As Global has previously stated, it agrees that the proposed testimony from these experts or any witness seeking to discuss parol evidence of the contracts is irrelevant and does not intend to call any such witness at trial." Global's #314 Notice at 23.Paramount's #214 Motion is moot.Signed by Judge David Nuffer on 9/17/2015. No attached document. (mec)
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Filing 332
DOCKET TEXT ORDER finding as moot #213 Motion to Strike.In Global's #314 Notice, Paramount's #315 Notice, and Global's #330 Response, the parties agreed that Global's #213 Motion regarding Sean Kirby is moot. In its #315 Notice at 2, Paramount stated that it "will not call Mr. Kirby to testify regarding" "statements regarding the amount of time it would take [L.A. Fitness] to upload and integrate Global Fitness's customers' credit card or bank account information (the "Member Accounts Data") into L.A. Fitness's system for billing purposes" (Global's #213 Motion at 34).In its #315 Notice at 3, Paramount stated its intent to call Mr. Kirby to elicit other testimony, which has been proposed and objected to by Global in the [328-1] Deposition Designation Form for Mr. Kirby. That testimony and its related objections will be addressed separately from Global's #213 Motion.Signed by Judge David Nuffer on 9/17/2015. No attached document. (mec)
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Filing 331
DOCKET TEXT ORDER finding as moot #211 Motion to Exclude.In Global's #314 Notice, Paramount's #315 Notice, and Global's #330 Response, the parties agreed that Global's #211 Motion regarding Arthur Curtis is now moot, and Paramount stated that it "will not call Mr. Curtis to testify regarding any aspect of the sale of Global's assets to L.A. Fitness" (see Paramount's #315 Notice at 2).Signed by Judge David Nuffer on 9/17/2015. No attached document. (mec)
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| Filing 330 RESPONSE to Defendant's Position on Relevance of Challenged Experts and Related Daubert Motions filed by Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 329 TRIAL BRIEF by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 328 NOTICE of Filing of Deposition Designation Form by Federal Recovery Acceptance, Inc. (Attachments: #1 Exhibit Completed Deposition Designation Form- Sean Kirby) (Andreason, Rod) |
| Filing 327 NOTICE of Objection to Deposition Designations by Global Fitness Holdings, LLC (Attachments: #1 Exhibit a - Deposition designation form, #2 Exhibit B - Kirby deposition excerpts) (Mortensen, David) |
| Filing 326 TRIAL BRIEF by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 325 NOTICE of Objection to Jury Instruction and Special Verdict Form by Global Fitness Holdings, LLC (Mortensen, David) |
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Filing 324
DOCKET TEXT ORDER taking under advisement #284 Motion in Limine.The parties should proffer evidence by declaration on or before Tuesday, September 22, 2015 showing their respective treatment of contracts and accounts. That is, evidence of Global's initial transmission of information to Paramount, and Paramount's internal and external treatment of customer contract and account information.The 2008 Agreements do not entitle Paramount to collection of a "five dollar fee per account" on accounts which were already terminated (by the customer or by Global) at the end of the 45-day termination period. The parties should proffer evidence by declaration on or before Tuesday, September 22, 2015 showing how prior termination was evidenced so this can be clarified before trial to aid in evidentiary rulings and jury instructions. So ordered by Judge David Nuffer on 9/12/15 (docket text only - no attached document) (alt)
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Filing 323
MEMORANDUM DECISION and Order Regarding Accounting: IT IS HEREBY ORDERED that the parties shall meet, confer and on or before September 21, 2015, submit a joint memorandum of less than eleven pages describing the proof available of the collection or processing of these fees after termination of the Contracts. Signed by Judge David Nuffer on 9/14/15. (jlw)
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Filing 322
DOCKET TEXT ORDER granting #313 Motion to Take Deposition from Mr. Gragg.Global may take a trial preservation deposition of John W. Gragg provided that Paramount is able to attend or otherwise participate in order to cross examine Mr. Gragg. The use of telephone or video conference is authorized. Video recording is authorized. All objections must be stated, but, unless the objection raises privilege, all answers must be given. The parties will follow the Deposition Designation Form process outlined in Section 5 of the #242 Second Amended Trial Order, with the form to be proposed by Global within three business days of the taking of the deposition, and objections and completeness and counter designations shall be made within two business days thereafter. Global shall file the completed Deposition Designation Form by NOON on Friday, October, 2, 2015. The completed Deposition Designation Form (Word document version) shall be emailed to # dj.nuffer@utd.uscourts.gov on that date.Signed by Judge David Nuffer on 9/12/2015. No attached document. (mec)
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Filing 321
DOCKET TEXT ORDER denying #291 Motion in Limine.Fed. R. Civ. P. 26(e) requires supplementation or correction of initial disclosures if "the additional or corrective information has not otherwise been made known to the other parties during the discovery process or... as ordered by the court." The #63 Scheduling Order set the deadline for the "supplementation of initial disclosures made under Rule 26(a)(1)" as June 13, 2014, the day on which Global served amended disclosures listing Mr. Gragg, Mr. Turner, and Mr. Wilson. Therefore, Global's disclosures were timely under the #63 Scheduling Order. Furthermore, it is apparent that these individuals were known to defendants, specifically identified by Global in discovery responses as people with relevant knowledge during fact discovery. Therefore these witnesses are not excluded for the reason stated in this motion.Signed by Judge David Nuffer on 9/12/2015. No attached document. (mec)
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Filing 320
DOCKET TEXT ORDER granting in part and denying in part #286 Motion in Limine.Neither party waived an objection to inadmissibility of settlement negotiations by using them in the briefing on the summary judgment motions. Fed. R. Civ. P. 56(e)(2) even allows for facts not properly supported by admissible evidence to be considered "undisputed for purposes of the motion."Global's #286 motion is granted in part because settlement negotiations are clearly inadmissible under Fed. R. Evid. 408. Therefore, "conduct or a statement made during compromise negotiations about the claim" offered "to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction" will not be admitted at trial. Specifically identified pages of the following exhibits are may well be precluded: Parmaount's Trial Exhibits 155 (Bates # FRAI010645-48), 156 (Bates # FRAI051824-36), 158 (Bates # GF-142735), 165 (Bates # FRAI010632-44), 295 (Bates # FRAI010690-92), and 303 (Bates # FRAI010712-15).However, ultimate admissibility will be determined at trial as these documens may be offered for other purposes. Global's #286 motion is denied in part as it relates to the other exhibits listed in Global's [286-1] Exhibit A - Chart of Settlement Negotiations. Global has not described its objection in a sufficiently specific manner regarding these exhibits, and the exhibits cannot be precluded without inspection. Therefore, any objection to these exhibits must be raised at trial.. Signed by Judge David Nuffer on 9/12/2015. No attached document. (mec)
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Filing 319
DOCKET TEXT ORDER denying #285 Motion in Limine.Global's #285 motion is premature. The admissibility of the challenged evidence will be evaluated in context at trial.Signed by Judge David Nuffer on 9/12/2015. No attached document. (mec)
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Filing 318
DOCKET TEXT ORDER denying #283 Motion in Limine Fed. R. Civ. P. 26(a)(1)(A)(ii) required Paramount to provide to Global "a copy--or a description by category and location--of all documents, electronically stored information...that the disclosing party has in its possession... and may use to support its claims or defenses...."In Paramount's #307 opposition at pg. 2 n.1, Paramount withdrew from potential use at trial exhibits 1, 9, 20, 39, 55, 56, 57, 164, 170, 235, and 245 as no longer relevant after SJ resolutions, and 237 and 238 as duplicates. Of the 15 remaining exhibits at issue in Global's #283 motion, evidence shows that 11 were properly provided to Global under Rule 26(a)(1)(A)(ii). Exhibits 45, 47, 48, 49, 50, 53, 54, 143, and 266 were provided to Global on a hard drive on 1/17/2014, and exhibits 47, 48, 49, and 50 were also provided to Global on a hard drive on 8/30/2012. Exhibits 45, 47, 48, 49, 50, 143, and 266 were also made available to Global via the Web FDM software to which Global has had electronic access since October 2012, a service for which Global pays $199 per month. Exhibits 221 and 304 were generated or created using the Web FDM software. Therefore, Global's #283 motion is denied as it relates to these 11 exhibits.According to Paramount's #307 opposition at pg. 2 n.4, exhibit 306 was created using the Web FDM software in September 2012, but Paramount attached no evidence to support that statement. However, it appears that exhibit 306 would be used as a demonstrative. Additionally, Paramount has offered no evidence that exhibits 51, 104, and 168 were provided to Global prior to 11/13-14/2015 as stated by Global, only that they "were provided to respond to Global's continuing confusion regarding damages and requests for further documentation." Paramount's #307 opposition at pg. 2 n.4. Therefore the admissibility of these three exhibits will be further addressed at the Final Pretrial.IT IS ORDERED that Global may reconvene (on three days advance notice) such telephonic or video depositions as it deems necessary to examine witnesses on Exhibits 45, 47, 48, 49, 50, 51, 53, 54, 104, 168, 143, 221, 266, 304, and 306.Signed by Judge David Nuffer on 9/12/2015. No attached document. (mec)
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Filing 317
ERROR: WRONG MOTION RELATED TO THIS ENTRY - DOCKET TEXT ORDER denying #284 Motion in Limine.Fed. R. Civ. P. 26(a)(1)(A)(ii) required Paramount to provide to Global "a copyor a description by category and locationof all documents, electronically stored information...that the disclosing party has in its possession... and may use to support its claims or defenses...."In Paramount's #307 opposition at pg. 2 n.1, Paramount withdrew from potential use at trial exhibits 1, 9, 20, 39, 55, 56, 57, 164, 170, 235, and 245 as no longer relevant after SJ resolutions, and 237 and 238 as duplicates. Of the 15 remaining exhibits at issue in Global's #283 MIL, evidence shows that 11 were properly provided to Global under Rule 26(a)(1)(A)(ii). Exhibits 45, 47, 48, 49, 50, 53, 54, 143, and 266 were provided to Global on a hard drive on 1/17/2014, and exhibits 47, 48, 49, and 50 were also provided to Global on a hard drive on 8/30/2012. Exhibits 45, 47, 48, 49, 50, 143, and 266 were also made available to Global via the Web FDM software to which Global has had electronic access since October 2012, a service for which Global pays $199 per month. Exhibits 221 and 304 were generated or created using the Web FDM software. Therefore, Global's #283 motion is denied as it relates to these 11 exhibits.According to Paramount's #307 opposition at pg. 2 n.4, exhibit 306 was created using the Web FDM software in September 2012, but Paramount attached no evidence to support that statement. However, it appears that exhibit 306 would be used as a demonstrative. Additionally, Paramount has offered no evidence that exhibits 51, 104, and 168 were provided to Global prior to 11/13-14/2015 as stated by Global, only that they "were provided to respond to Global's continuing confusion regarding damages and requests for further documentation." Paramount's #307 opposition at pg. 2 n.4.Therefore, these three exhibits will be further addressed at the Final Pretrial. IT IS ORDERED that Global may reconvene (on three days advance notice) such telephonic or video depositions as it deems necessary to examine witnesses on Exhibits 45, 47, 48, 49, 50, 51, 53, 54, 104, 168, 143, 221, 266, 304, and 306.Signed by Judge David Nuffer on 9/12/2015. No attached document. (mec) Modified on 9/15/2015: added error text (alt)
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Filing 316
DOCKET TEXT ORDER denying #282 Motion in Limine.The construction argued in #305 Federal Recovery Acceptantce, Inc.'s Memorandum is correct. The Extra Payment provisions of the parties' 2009 and 2011 contracts unambiguously allows Paramount to add fees to the "account balance" for many events beyond collected delinquent payments and scheduled payments received late, including unpaid EFT drafts, unpaid credit card debits, etc.The contracts require Paramount to collect to be entitled to the 9.5% fee on certain delinquent payments and for the "scheduled payments received" after date due.The contracts do not require Paramount to collect funds but only accrual of the event for Paramount to be entitled to a fee for unpaid EFT draft, unpaid credit card debit, unpaid credit card charge back or unpaid customer check. Paramount is entitled to fees for automatic re-clear of NSF check if the NSF check occurred and re-cleared before the end of the 45-day termination period, but not if the NSF check occurred before the end of the 45-day termination period and re-cleared after the end of the 45-day termination period. Paramount may offers evidence relevant to these contractual provisions.Signed by Judge David Nuffer on 9/12/2015. No attached document. (mec)
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| Filing 315 NOTICE of Relevance of Challenged Experts by Federal Recovery Acceptance, Inc. (Attachments: #1 Exhibit A. Expert Report of Paul Schaller) (Andreason, Rod) |
| Filing 314 NOTICE of Position of Relevance of Expert Testimony by Global Fitness Holdings, LLC (Mortensen, David) |
| Filing 313 MOTION to Take Deposition from John W. Gragg and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Plaintiff's Supplemental Initial Disclosures, #2 Exhibit B - Plaintiff's Response to First Set of Interrogatories, #3 Exhibit C - Plaintiff's Supplemental Response to First Set of Interrogatories, #4 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Mortensen, David) |
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Filing 312
DOCKET TEXT ORDER granting #293 Motion in Limine.Reference to the preliminary injunction issued in this case by the U.S District Court in Kentucky would be irrelevant and overly prejudicial. Global's #302 response agrees. Therefore, the parties are precluded from referring to the injunction.Signed by Judge David Nuffer on 9/9/2015. No attached document. (mec)
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Filing 311
DOCKET TEXT ORDER granting #292 Motion in Limine.Evidence related to resolved claims is irrelevant to the remaining issues to be addressed at trial and would also be overly prejudicial if offered by either party at trial. However, without specific identification of any challenged evidence, the specific application of this ruling can only be addressed with each exhibit and witness as they are offered during the course of trial.Signed by Judge David Nuffer on 9/9/2015. No attached document. (mec)
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Filing 310
DOCKET TEXT ORDER granting #281 Motion in Limine.Paramount did not oppose Globals motion. Moreover, although Paramount alleged a claim for unjust enrichment based on three issues, it only disclosed damages related to the settlement of the FACTA lawsuit.Signed by Judge David Nuffer on 9/9/2015. No attached document. (mec)
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Filing 309
DOCKET TEXT ORDER granting #280 Motion to Bifurcate due to Paramount's #294 Notice of Non-opposition. The bench trial will take place during the two weeks already scheduled for the jury trial, to be conducted when the jury trial is concluded and the jury is deliberating. Signed by Judge David Nuffer on 9/9/2015. No attached document. (mec)
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| Filing 308 MEMORANDUM in Opposition re #286 MOTION in Limine to Exclude Settlement Negotiations filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 307 MEMORANDUM in Opposition re #283 MOTION in Limine to Exclude Untimely Exhibits filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A- Rasmussen Declaration, #2 Exhibit B-- Taylor Declaration, #3 Exhibit C- FRAI's Initial Disclosures, #4 Exhibit D- Global's Initial Disclosures, #5 Exhibit E- Global's Second Suppl. Initial Disclosures)(Andreason, Rod) |
| Filing 306 MEMORANDUM in Opposition re #284 MOTION in Limine to Exclude Certain Evidence Regarding the Interpretation of the Term "Account" filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Andreason, Rod) |
| Filing 305 MEMORANDUM in Opposition re #282 MOTION in Limine to Exclude Irrelevant Evidence Regarding Late and Bank Fees From 2009 and 2011 Contracts filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A)(Andreason, Rod) |
| Filing 304 MEMORANDUM in Opposition re #285 MOTION in Limine to Exclude All Unsupported Allegations of Damages Related to Late and Banking Fees filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A)(Andreason, Rod) |
| Filing 303 RESPONSE to Motion re #291 MOTION in Limine to Exclude Particular Witnesses filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Plaintiff's Supplemental Initial Disclosures, #2 Exhibit B - Response to FRAI's First Set of Interrogatories, #3 Exhibit C - Defendant's Initial Disclosures)(Mortensen, David) |
| Filing 302 RESPONSE to Motion re #293 MOTION in Limine to Exclude Preliminary Injunction filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 301 RESPONSE to Motion re #292 MOTION in Limine to Exclude Evidence Ruled on in Summary Judgment filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 300 Modification of Docket: re 296 Order on Motion to Exclude, Order on Motion to Strike - The deadline for responding to the parties' positions on the relevance of their respective challenged experts and the need for decision of their respective motions on their opponent's experts was corrected per instructions from chambers to Wednesday, September 16, 2015. (jwt) |
| Filing 299 Proposed Jury Verdict by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 298 Proposed Jury Instructions by Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 297 Proposed Voir Dire by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
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Filing 296
DOCKET TEXT ORDER taking under advisement #211 Motion to Exclude; taking under advisement #213 Motion to Strike; taking under advisement #214 Motion to Exclude; taking under advisement 216 Sealed Motion to Exclude.On 9/1/2015, a docket text order was filed (docket no. 289) taking these motions under advisement and requiring a response from counsel by NOON on Monday 9/7/2015. That order was erroneously filed as a sealed order, preventing counsel from seeing the order. Therefore, that order is amended as follows:Given the #274 , #275 , #276 , #277 , #278 , and #279 orders, it appears the pending motions to exclude or strike testimony of expert witnesses are moot. Liability has been determined on all of Global Fitness's claims and Paramount's breach of contract claim, with only the amount of damages left to be determined at trial regarding those claims. Furthermore, the experts, or at least the challenged portions of their testimony, appear to relate to issues resolved in these orders. Therefore, it appears the experts or the challenged portions of their testimony may be irrelevant at trial.By NOON on Monday, September 14, 2015, the parties shall file a notice of their position on the relevance of their respective challenged experts and the need for decision of their respective motions on their opponent's experts. Responses, if any, may be filed on Wednesday, September 16, 2015.Signed by Judge David Nuffer on 9/8/2015. No attached document. (mec) Modified on 9/8/2015 - correcting due date for responses from 9/9/2015 to 9/16/2015 (jwt).
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| Filing 295 NOTICE of Errata by Federal Recovery Acceptance, Inc. re #291 MOTION in Limine and Memorandum in Support to Exclude Particular Witnesses (Attachments: #1 Exhibit A) (Andreason, Rod) |
| Filing 294 NOTICE of Non-Opposition to Global's Motion for Bifurcation of the Trial by Federal Recovery Acceptance, Inc. re #280 MOTION to Bifurcate and Memorandum in Support (Andreason, Rod) |
| Filing 293 MOTION in Limine and Memorandum in Support to Exclude Preliminary Injunction filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services, Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Andreason, Rod) |
| Filing 292 MOTION in Limine and Memorandum in Support to Exclude Evidence Ruled on in Summary Judgment filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services, Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Text of Proposed Order)(Andreason, Rod) |
| Filing 291 MOTION in Limine and Memorandum in Support to Exclude Particular Witnesses filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services, Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Andreason, Rod) |
| Filing 290 AMENDED NOTICE OF HEARING: Final Pretrial Conference reset for Wednesday, 9/23/2015 at 09:00 AM in Rm 3.100 before Judge David Nuffer. (time change only) (asb) |
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Filing 288
DOCKET TEXT ORDER taking under advisement #280 Motion to Bifurcate Any response shall be filed by NOON on Monday, September 7, 2015, and any reply shall be filed by NOON on Wednesday September 9, 2015.By NOON on Friday, September 4, 2015, both parties shall notify the court at #dj.nuffer@utd.uscourts.gov of their availability to try Paramount's unjust enrichment claim beginning on Monday, October 5, 2015 i f the #280 Motion to Bifurcate is granted.Signed by Judge David Nuffer on 9/1/2015. No attached document. (mec)
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| Filing 287 Motions No Longer Referred: #280 MOTION to Bifurcate and Memorandum in Support(mec) |
| Filing 286 MOTION in Limine to Exclude Settlement Negotiations filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Chart of Settlement Negotations, #2 Exhibit B - 10/10/12 Email from D. Turner, #3 Exhibit C - 10/10/12 Email from T. Klc, #4 Exhibit D - 10/11/12 Email from T. Klc, #5 Exhibit E - 10/10/12 Email from K. Bryant, #6 Exhibit F - 10/17/12 Email from T. Klc, #7 Exhibit G - 12/11/12 Email from T. Klc, #8 Text of Proposed Order)(Mortensen, David) |
| Filing 285 MOTION in Limine to Exclude All Unsupported Allegations of Damages Related to Late and Banking Fees filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Paramount's Supplemental Disclosures, #2 Exhibit B - Rasmussen depo, #3 Exhibit C - FRAI's Third Supplemental Initial Disclosures, #4 Exhibit D - 2008 Contract, #5 Text of Proposed Order)(Mortensen, David) |
| Filing 284 MOTION in Limine to Exclude Certain Evidence Regarding the Interpretation of the Term "Account" filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - 2008 Contract, #2 Text of Proposed Order)(Mortensen, David) |
| Filing 283 MOTION in Limine to Exclude Untimely Exhibits filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Chart of Paramount's untimely exhibits, #2 Text of Proposed Order)(Mortensen, David) |
| Filing 282 MOTION in Limine to Exclude Irrelevant Evidence Regarding Late and Bank Fees From 2009 and 2011 Contracts filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Defendants' Third Supplemental Initial Disclosures, #2 Exhibit B - 2009 and 2011 Contracts, #3 Exhibit C - Email from G. Bendixen, #4 Text of Proposed Order)(Mortensen, David) |
| Filing 281 MOTION in Limine to Exclude Evidence of Damages for Defendants' Unjust Enrichment Claims filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit Defendants Third Supplemental Initial Disclosures, #2 Text of Proposed Order)(Mortensen, David) |
| Filing 280 MOTION to Bifurcate and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Mortensen, David) |
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Filing 279
MEMORANDUM DECISION AND WRITTEN ORDER FOLLOWING 251 Sealed Minute Order on #121 Sealed Motion for Partial Summary Judgment on Global's Tortious Interference Claim for Lack of Causation (oral order of 5/11/15). Signed by Judge David Nuffer on 8/31/15 (alt)
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Filing 278
MEMORANDUM DECISION AND WRITTEN ORDER FOLLOWING 251 Minute Order on #120 Sealed Motion for Partial Summary Judgment on Global's Tortious Interference Claim (oral order of 5/11/15). Signed by Judge David Nuffer on 8/31/15 (alt)
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Filing 277
MEMORANDUM DECISION AND WRITTEN ORDER FOLLOWING 251 Sealed Minute Order on #106 Motion for Partial Summary Judgment re Promissory Estoppel Claim (oral order of 5/11/15). Signed by Judge David Nuffer on 8/31/15 (alt)
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Filing 276
MEMORANDUM DECISION AND ORDER granting in part and denying in part #113 Motion for Partial Summary Judgment. Signed by Judge David Nuffer on 8/31/15 (alt)
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Filing 275
MEMORANDUM DECISION AND WRITTEN ORDER FOLLOWING 247 Minute Order on #108 Motion for Partial Summary Judgment (oral order of 4/27/15). Signed by Judge David Nuffer on 8/31/15 (alt)
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Filing 274
MEMORANDUM DECISION granting in part and denying in part #111 Motion for Partial Summary Judgment. IT IS HEREBY ORDERED that Paramounts Defendants Motion RE Breach of Contract and the Implied Covenant is GRANTED in part as it relates to Globals breach of the implied covenant claim and DENIED in part as it relates to Globals breach of contract claim premised on the Withheld Funds, although liability has been determined as a matter of law.Signed by Judge David Nuffer on 8/31/2015. (jwt)
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| Filing 273 DOCUMENTS LODGED consisting of Email to counsel on 5/8/2015 in advance of summary judgment motions hearing held on 5/11/2015. (mec) |
| Filing 272 DOCUMENTS LODGED consisting of Email to counsel on 4/24/2015 in advance of summary judgment motions hearing held on 4/27/2015. (mec) |
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Filing 271
DOCKET TEXT ORDER No attached document Paramount has submitted the proposed memorandum decisions and orders on motions #106 , #108 , #111 , #113 , #120 , and #121 , and Global Fitness has submitted its red-lined revisions as to form, pursuant to the amended deadlines in #257 . The parties shall make no further filings related to these proposed orders unless ordered otherwise.Signed by Judge David Nuffer on 6/24/2015. (mec)
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| Filing 270 RESPONSE to Plaintiff's Redlines of Proposed Orders filed by Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit Selections from April 27, 2015 Hearing)(Andreason, Rod) |
| Filing 269 NOTICE OF FILING of Memorandum Decision and Order Granting Defendants' MPSJ re Plaintiff's Tortious Interference Claim for Lack of Causation (121) filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Mortensen, David) |
| Filing 268 NOTICE OF FILING of Memorandum Decision and Order Denying in Part and Granting in Part Plaintiff's MPSJ on Plaintiff's Conversion Claim and FRAI's Unjust Enrichment and Breach of Contract Claims filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Mortensen, David) |
| Filing 267 NOTICE OF FILING of Memorandum Decision and Order Granting ini Part and Denying in Part Defendants' MPSJ on Plaintiff's Breach of Contract and Breach of the Implied Covenant Claims (111) filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Mortensen, David) |
| Filing 266 NOTICE OF FILING of Memorandum Decision and Order Granting Defendants' MPSJ re Plaintiff's Conversion Claim (108) filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Mortensen, David) |
| Filing 265 NOTICE OF FILING of Memorandum Decision Granting Defendants' MPSJ re Plaintiff's Promissory Estoppel Claim (106) filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order)(Mortensen, David) |
| Filing 264 NOTICE OF FILING of Order Order Granting #108 Defendants' MPSJ Re Plaintiff's Conversion Claim filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 263 NOTICE OF FILING of Order Granting #121 Defendants' Motion for Partial Summary Judgment Re Plaintiff's Tortious Interference Claim for Lack of Causation filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 262 NOTICE OF FILING of Order Granting Defendant's MPSJ Re Plaintiff's Promissory Estoppel Claim #106 filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 261 NOTICE OF FILING of Order Granting Defendants' Motion for PSJ Re Plaintiff's Tortious Interference Claim #120 filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 260 NOTICE OF FILING of Order Denying #113 Plaintiff's MPSJ on Plaintiff's Conversion Claim and FRAI's Unjust Enrichment and Breach of Contract Claims filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 259 NOTICE OF FILING of Order Granting #121 Defendants' Motion for Partial Summary Judgment Re Plaintiff's Tortious Interference Claim for Lack of Causation filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 258 STIPULATION Regarding Damages by Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
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Filing 257
ORDER granting #256 Motion to Amend/Correct Deadlines Related to April 27 and May 11, 2015 Hearings. Signed by Judge David Nuffer on 5/22/2015. (blh)
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| Filing 256 MOTION to Amend/Correct Deadlines Related to April 27 and May 11, 2015 Hearings filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order Order) Motions referred to Evelyn J. Furse.(Mortensen, David) |
| Filing 254 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions for Partial Summary Judgment held on May 11, 2015, before Judge David Nuffer. 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 6/10/2015. Redacted Transcript Deadline set for 6/22/2015. Release of Transcript Restriction set for 8/18/2015 (alt) Modified on 8/18/2015 by removing restricted text (las). |
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Filing 253
ORDER granting #252 Motion to Amend Deadlines re drafts of proposed orders. Signed by Judge David Nuffer on 5/12/15 (alt)
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| Filing 252 MOTION to Amend/Correct 247 Order on Motion for Partial Summary Judgment,,, Motion Hearing,,,,,,,,,,,,,,,,,,,, and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Text of Proposed Order - Proposed Order) Motions referred to Evelyn J. Furse.(Kaas, Adam) |
| NOTICE VACATING MOTIONS & DAUBERT HEARING (motions 210, 211, 212, 213,, 214, 216) HEARING set for Wednesday, May 27, 2015 at 9:00 a.m. before Judge David Nuffer (asb) |
| Filing 249 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on April 27, 2015, before Judge David Nuffer. Court Reporter/Transcriber Rebecca Janke, CSR, RMR. 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 5/26/2015. Redacted Transcript Deadline set for 6/5/2015. Release of Transcript Restriction set for 8/3/2015 (alt) Modified on 8/3/2015 by removing restricted text (las). |
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Filing 248
DOCKET TEXT ORDER finding as moot #210 Motion to Exclude; finding as moot #212 Motion to Exclude. On Tuesday 4/28/2015, chambers staff emailed counsel asking whether the rulings made in the hearing held on Monday 4/27/2014 mooted the motions regarding testimony of Thomas Klc. Counsel for Paramount responded on Tuesday 4/28/2015. Counsel for Global Fitness did not respond.Motion #210 seeks to exclude testimony about Paramounts intent in entering the parties contracts, and motion #212 seeks to exclude testimony specifically regarding the legal meaning of those contracts. Both motions pertain to interpretation of the parties contracts. Having interpreted the contracts in the 4/27/2015 hearing, the questions of which contracts govern and their interpretation are no longer outstanding. Therefore, these motions are moot.Signed by Judge David Nuffer on 5/5/2015. No attached document. (mec)
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| Filing 247 Minute Order. Proceedings held before Judge David Nuffer: Counsel present for parties. Discussion heard on the undisputed facts. Court heard argument on each of the PSJ motions #108 #111 #113 . Court made extensive findings on the record. Court denied #111 and #113 motions. Court granted the #108 motion. Separate orders necessary for each motion and to be prepared by Paramount. Draft orders to opposing counsel by 5/11/2015. Revision as to form back by 5/18/2015. Counsel to confer by 5/22/2015. Paramount to submit to the court by 5/29/2015. Global's alternative form by 6/5/2015. Court adjourned.granting #108 Motion for Partial Summary Judgment; denying #111 Motion for Partial Summary Judgment; denying #113 Motion for Partial Summary Judgment; Motion Hearing held on 4/27/2015 re #108 MOTION for Partial Summary Judgment re Conversion Claim filed by Federal Recovery Services, Federal Recovery Acceptance, Inc., #113 MOTION for Partial Summary Judgment filed by Global Fitness Holdings, LLC, #111 Defendant's MOTION for Partial Summary Judgment Re: Breach of Contract filed by Federal Recovery Services, Federal Recovery Acceptance, Inc.. Written Order to follow oral order: Yes. Attorney for Plaintiff: David Mortensen, David Owen Matthew Stinnett, Attorney for Defendant Rod Andreason, Joshua Rupp, Adam Kaas. Court Reporter: Becky Janke.(Time Start: 8:35, Time End: 12:50, Room 7.300.) (asb) |
| Filing 246 NOTICE OF HEARING ON MOTION re: #111 Defendant's MOTION for Partial Summary Judgment Re: Breach of Contract, #108 MOTION for Partial Summary Judgment re Conversion Claim, #113 MOTION for Partial Summary Judgment : Motion Hearing set for Monday, 4/27/2015 at 08:30 AM in Rm 7.300 before Judge David Nuffer. (PLEASE NOTE THE ROOM CHANGE) (asb) |
| NOTICE VACATING SJ MOTIONS [122, 132] HEARING set for Monday, April 13, 2015 at 9:00 a.m. before Judge David Nuffer (asb) |
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Filing 244
MEMORANDUM DECISION AND ORDER granting #132 Motion to Voluntarily Dismiss Breach of Contract Claim Against FRAI as it Relates to the Transfer of Data. Signed by Judge David Nuffer on 3/28/15 (alt)
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| Filing 243 NOTICE of Change of Address and Law Firm Affiliation by Global Fitness Holdings, LLC (Mortensen, David) |
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Filing 242
SECOND AMENDED TRIAL ORDER with instructions to counsel, granting #241 Stipulated MOTION to Amend/Correct Trial Order: Final Pretrial Conference set for 9/23/2015 at 02:30 PM in Rm 3.100 before Judge David Nuffer. 10-Day Jury Trial set for 10/13/2015 at 08:30 AM in Rm 3.100 before Judge David Nuffer. Proposed Voir Dire due 9/8/15. Proposed Jury Instructions due 9/8/15. Daubert Hearing set for 5/27/2015 at 09:00 AM in Rm 3.100 before Judge David Nuffer. Signed by Judge David Nuffer on 3/12/15 (alt)
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| Filing 241 Stipulated MOTION to Amend/Correct and Memorandum in Support , Trial Order filed by Defendant Federal Recovery Services. (Attachments: #1 Text of Proposed Order - Exhibit A) Motions referred to Evelyn J. Furse.(Kaas, Adam) |
| Filing 240 AMENDED NOTICE OF HEARING:2-Week Jury Trial set for 10/13-23/2015 at 08:30 AM in Rm 3.100 before Judge David Nuffer. (moved from 6/1/2015) (asb) |
| Filing 239 AMENDED NOTICE OF HEARING: Final Pretrial Conference set for Wednesday, 9/23/2015 at 02:30 PM in Rm 3.100 before Judge David Nuffer. (moved from 5/11/2015) (asb) |
| Filing 238 NOTICE OF HEARING ON MOTION Multiple hearings set on specific motions. Counsel are to pay particular attention to each hearing date set and what motions will be heard. re: #132 MOTION to Dismiss re Breach of Contract Claim Against FRAI as it Relates to the Transfer of Data, #122 SEALED MOTION for Summary Judgment Dismissing All Claims as Moot, #111 Defendant's MOTION for Partial Summary Judgment Re: Breach of Contract, #108 MOTION for Partial Summary Judgment re Conversion Claim, #113 MOTION for Partial Summary Judgment , #106 MOTION for Partial Summary Judgment re Promissory Estoppel Claim, #120 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim, #121 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim for Lack of Causation, #211 MOTION to Exclude Portions of the Purported Expert Testimony of Arthur V. Curtis Jr., #212 MOTION to Exclude Any Testimony of Thomas KLC Regarding His Legal Interpretation of the Contracts and Supporting Memorandum and Memorandum in Support , #214 MOTION to Exclude Testimony of Plaintiffs Expert Paul Schaller, #213 MOTION to Strike Portions of the Rebuttal Expert Witness Report of Sean P. Kirby, #216 SEALED MOTION to Exclude Testimony and Report of Brian G. Lloyd, #210 MOTION to Exclude Any Testimony of Thomas KLC Related to Paramount's Intent When It Executed The Contracts and Memorandum in Support : Motion Hearing on Motions #122 and #132 set for Monday, 4/13/2015 at 09:00 AM - 11:00 AM in Rm 3.100 before Judge David Nuffer. Motion Hearing on Motions #108 #111 #113 set for Monday, 4/27/2015 at 08:30 AM - 12:30 PM in Rm 3.100 before Judge David Nuffer. Motion Hearing on Motions #106 #120 #121 set for Monday, 5/11/2015 at 08:30 AM - 12:30 PM in Rm 3.100 before Judge David Nuffer. Motion/Daubert Hearing on Motions #210 #211 #212 #213 #214 #216 set for Wednesday, 5/27/2015 at 09:00 AM - 04:00 PM in Rm 3.100 before Judge David Nuffer. (asb) |
| Filing 237 REPLY to Response to Motion re #216 SEALED MOTION to Exclude Testimony and Report of Brian G. Lloyd filed by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit 1 - Lloyd Deposition Pages)(Andreason, Rod) |
| Filing 236 REPLY to Response to Motion re #211 MOTION to Exclude Portions of the Purported Expert Testimony of Arthur V. Curtis Jr. filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Curtis Rebuttal Expert Witness Report, #2 Exhibit B - L.A. Fitness 30(b)(6) Depo)(Mortensen, David) |
| Filing 235 REPLY to Response to Motion re #213 MOTION to Strike Portions of the Rebuttal Expert Witness Report of Sean P. Kirby filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 234 REPLY to Response to Motion re #212 MOTION to Exclude Any Testimony of Thomas KLC Regarding His Legal Interpretation of the Contracts and Supporting Memorandum and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 233 REPLY to Response to Motion re #210 MOTION to Exclude Any Testimony of Thomas KLC Related to Paramount's Intent When It Executed The Contracts and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
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Filing 232
AMENDED TRIAL ORDER with instructions to counsel: Final Pretrial Conference set for 5/11/2015 at 02:30 PM in Rm 3.100 before Judge David Nuffer. 10-Day Jury Trial set for 6/1/2015 at 08:30 AM in Rm 3.100 before Judge David Nuffer. Proposed Voir Dire due 4/27/15. Proposed Jury Instructions due 4/27/15. Signed by Judge David Nuffer on 2/5/15 (alt)
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| Filing 231 REDACTION to #229 Sealed Document, Memorandum in Opposition by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Expert Report of Curtis, #3 Exhibit 2 - Asset Purchase Agreement, #4 Exhibit 3 - DeVary Deposition, #5 Exhibit 4 - Pulliman Deposition, #6 Exhibit 5 - 09-03-12 Email Correspondence, #7 Exhibit 6 - Poson Deposition, #8 Exhibit 7 - Expert Report of Lloyd, #9 Exhibit 8 - Email Correspondence 10-03-12, #10 Exhibit 9 - Email Correspondence 10-11-12, #11 Exhibit 10 - Trawick Deposition, #12 Exhibit 11 - Email Correspondence 10-05-12, #13 Exhibit 12 - Email Correspondence 10-17-12, #14 Exhibit 13 - Amendment 2 to APA, #15 Exhibit 14 - Lloyd Deposition, #16 Exhibit 15 - Email Correspondence 05-27-14, #17 Exhibit 16 - Curtis Declaration)(Andreason, Rod) |
| Filing 230 **SEALED DOCUMENT** SEALED EXHIBITS B AND F TO #225 Response to #216 SEALED MOTION to Exclude Testimony and Report of Brian G. Lloyd, filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Exhibit Index, #2 Exhibit B - APA, #3 Exhibit F - Bill of Sale) (alt) |
| Filing 229 **SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION TO #211 MOTION to Exclude Portions of the Purported Expert Testimony of Arthur V. Curtis Jr. filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14) (alt) |
| Filing 228 Defendant's MEMORANDUM in Opposition re #212 MOTION to Exclude Any Testimony of Thomas KLC Regarding His Legal Interpretation of the Contracts and Supporting Memorandum and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit 1 - Eight Contracts, #2 Exhibit 2 - Email from Trawick to Nelson Sep 11, 2012, #3 Exhibit 2A - Email from Trawick to Nelson Oct 3, 2012, #4 Exhibit 3 - Email from Klc to Bendixen Oct 5, 2012, #5 Exhibit 4 - Email from Klc to Turner Oct 9, 2012, #6 Exhibit 5 - Email from Trawick to Bendixen Oct 9, 2012, #7 Exhibit 6 - Email from Klc to Turner Oct 10, 2012)(Andreason, Rod) |
| Filing 227 RESPONSE to Motion re #210 MOTION to Exclude Any Testimony of Thomas KLC Related to Paramount's Intent When It Executed The Contracts and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 226 Defendant's MEMORANDUM in Opposition re #213 MOTION to Strike Portions of the Rebuttal Expert Witness Report of Sean P. Kirby filed by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A - Kirby Deposition Excerpts, #2 Exhibit B - Expert Report of Lloyd)(Andreason, Rod) |
| Filing 225 RESPONSE to Motion re #216 SEALED MOTION to Exclude Testimony and Report of Brian G. Lloyd filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - DeVary Affidavit, #2 Exhibit B - Under Seal, #3 Exhibit C - Global Fitness 30(b)(6) Depo, #4 Exhibit D - Email (9/11/12), #5 Exhibit E - Todd Rasmussen Depo, #6 Exhibit F - Under Seal, #7 Exhibit G - Rasmussen Affidavit, #8 Exhibit H - Email (10/03/12), #9 Exhibit I - Email (10/05/12), #10 Exhibit J - Curtis Reputtal Expert Witness Report, #11 Exhibit K - Lloyd Expert Wtiness Report, #12 Exhibit L - Brian Lloyd deposition)(Mortensen, David) Modified on 2/2/2015: corrected text (alt) |
| Filing 224 NOTICE OF CONVENTIONAL FILING of Exhibits B and F in Support of Global Fitness's Response to Defendants' Motion to Exclude the Testimony and Report of Brian G. Lloyd filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Declaration of David L. Mortensen) (Mortensen, David) |
| Filing 223 REQUEST to Submit for Decision re #214 MOTION to Exclude Testimony of Plaintiffs Expert Paul Schaller filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) Modified on 2/2/2015: corrected text (alt) |
| Filing 222 NOTICE OF CONVENTIONAL FILING of Defendant's Memorandum in Opposition filed by Defendant Federal Recovery Acceptance, Inc. re #211 MOTION to Exclude Portions of the Purported Expert Testimony of Arthur V. Curtis Jr. (Attachments: #1 Affidavit of Rod Andreason in Support) (Andreason, Rod) |
| Filing 221 RESPONSE to Motion re #214 MOTION to Exclude Testimony of Plaintiffs Expert Paul Schaller filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) Modified on 2/2/2015: corrected text (alt) |
| Filing 220 NOTICE of of Change of Law Firm by Global Fitness Holdings, LLC (Mortensen, David) |
| Filing 219 AMENDED NOTICE OF HEARING: Final Pretrial Conference reset for Monday, 5/11/2015 at 02:30 PM in Rm 3.100 before Judge David Nuffer. (moved from 5/15/2015 per request of counsel). Within 7 days Mr. Mortensen will submit an amended pre-trial order adjusting the pretrial submission deadlines to conform with the new FPT date. (asb) |
| Filing 218 REDACTION to #216 SEALED MOTION to Exclude Testimony and Report of Brian G. Lloyd by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Expert Report of Brian Lloyd, #3 Exhibit 2 - Asset Purchase Agreement, #4 Exhibit 3 - Coby DeVary Deposition, #5 Exhibit 4 - Royce Pulliam Deposition, #6 Exhibit 5 - Sep. 3, 2013 Email from DeVary, #7 Exhibit 6 - 30(b)(6) Deposition, #8 Exhibit 7 - Expert Report of Arthur Curtis, #9 Exhibit 8 - Oct. 3, 2012 Email from K. Trawick, #10 Exhibit 9 - Oct. 11, 2012 Email from K. Trawick, #11 Exhibit 10 - Keith Trawick Deposition, #12 Exhibit 11 - Oct. 5, 2012 Email from R. Wilson, #13 Exhibit 12 - Oct. 17, 2012 Email from Chandler Hodge, #14 Exhibit 13 - Brian Lloyd Deposition)(Andreason, Rod) Modified on 2/2/2015: corrected text (alt) |
| Filing 217 Motions No Longer Referred: #210 MOTION to Exclude Any Testimony of Thomas KLC Related to Paramount's Intent When It Executed The Contracts and Memorandum in Support, #214 MOTION to Exclude TESTIMONY OF PLAINTIFFS EXPERT PAUL SCHALLER and Memorandum in Support , #212 MOTION to Exclude Any Testimony of Thomas KLC Regarding His Legal Interpretation of the Contracts and Supporting Memorandum and Memorandum in Support , #216 *SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support, #213 MOTION to Strike Portions of the Rebuttal Expert Witness Report of Sean P. Kirby, #211 MOTION to Exclude Portions of the Purported Expert Testimony of Arthur V. Curtis Jr. (mec) |
| Filing 216 *SEALED DOCUMENT* SEALED MOTION to Exclude Testimony and Report of Brian G. Lloyd and Memorandum in Support filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13) Motion referred to Evelyn J. Furse (alt) |
| Filing 215 NOTICE OF CONVENTIONAL FILING of DEFENDANTS MOTION TO EXCLUDE THE TESTIMONY AND REPORT OF BRIAN G. LLOYD filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services, Counter Claimant Federal Recovery Acceptance, Inc. (Attachments: #1 Exhibit A - DECLARATION OF ROD N. ANDREASON RE: DOCUMENTS FILED UNDER SEAL IN SUPPORT OF DEFENDANTS MOTION TO EXCLUDE THE TESTIMONY AND REPORT OF BRIAN G. LLOYD) (Andreason, Rod) |
| Filing 214 MOTION to Exclude TESTIMONY OF PLAINTIFFS EXPERT PAUL SCHALLER and Memorandum in Support filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services, Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A - Expert Report of Paul Schaller) Motions referred to Evelyn J. Furse.(Andreason, Rod) Modified on 2/2/2015: corrected carry forward text (alt) |
| Filing 213 MOTION to Strike and Memorandum in Support Portions of the Rebuttal Expert Witness Report of Sean P. Kirby filed by Plaintiff Global Fitness Holdings, LLC, Counter Defendant Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) Motions referred to Evelyn J. Furse.(Mortensen, David) |
| Filing 212 MOTION to Exclude Any Testimony of Thomas KLC Regarding His Legal Interpretation of the Contracts and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC, Counter Defendant Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) Motions referred to Evelyn J. Furse.(Mortensen, David) Modified on 1/16/2015: removed excess text from relief requested (alt) |
| Filing 211 MOTION to Exclude Portions of the Purported Expert Testimony of Arthur V. Curtis Jr. and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC, Counter Defendant Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) Motions referred to Evelyn J. Furse.(Mortensen, David) Modified on 1/16/2015: removed excess text from relief requested (alt) |
| Filing 210 MOTION to Exclude Any Testimony of Thomas KLC Related to Paramount's Intent When It Executed The Contracts and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC, Counter Defendant Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) Motions referred to Evelyn J. Furse.(Mortensen, David) |
| Filing 209 NOTICE of Defendants' Amended Trial Demonstratives by Federal Recovery Acceptance, Inc., Federal Recovery Services re #197 Brief, (Attachments: #1 Exhibit A - Demonstratives (Nos. 1 & 85-90)) (Andreason, Rod) |
| Filing 208 NOTICE of Parmount's Response to Plaintiff's Objections to Paramount's Pretrial Disclosures by Federal Recovery Services re #197 Brief, (Attachments: #1 Exhibit A - FRAI010610, #2 Exhibit B - FRAI051962) (Kaas, Adam) |
| Filing 207 ERROR: FILED IN WRONG CASE - Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office (alt) Modified on 12/1/2014: error text added (alt) |
| Filing 206 RESPONSE re #196 Brief,, filed by Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Plaintiff's Supplemental Initial Disclosures, #2 Exhibit B - Defendants' Second Supplemental Initial Disclosures, #3 Exhibit C - Global's Response to FRAI's First Set of Interrogatories, #4 Exhibit D - Paramount's Initial Disclosures)(Mortensen, David) |
| Filing 205 OBJECTIONS to #197 Brief, filed by Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Objections to defendants' pretrial exhibits, #2 Exhibit B - Objections to defendants' demonstrative exhibits, #3 Exhibit C - 10/20/14 Email, #4 Exhibit D - 11/13/14 Emails, #5 Exhibit E - List of settlement discussion documents)(Mortensen, David) |
| Modification of Docket re #207 Report Regarding Patent and Trademark. Error: Document was filed in wrong case. Correction: Entry has been marked as erroneous. (alt) |
| Filing 204 Minute Order. Telephonic Proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 11/26/2014 re #193 MOTION for Discovery MOTION to Expedite Short Form Discovery Motion filed by Federal Recovery Services. Counsel present, appearing by phone. Court hears argument from counsel. After hearing from counsel, the court DENIES #193 Motion for Discovery; GRANTS #193 Motion to Expedite for reasons stated on the record. No written order to follow. Attorney for Plaintiff: David Mortensen, Matthew Stinnett, Attorney for Defendant Rod Andreason, Joshua Rupp. Court Reporter: Electronic.(Time Start: 8:59:31, Time End: 9:22:38, Room 7.4.) (lnp) |
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Filing 203
TRIAL ORDER with instructions to counsel: Final Pretrial Conference set for 5/14/2015 02:00 PM in Rm 3.100 before Judge David Nuffer. 10-Day Jury Trial set for 6/1/2015 08:30 AM in Rm 3.100 before Judge David Nuffer. Proposed Voir Dire due 4/30/15. Proposed Jury Instructions due 4/30/15. Signed by Judge David Nuffer on 11/24/14 (alt)
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| Filing 202 Minute Entry for proceedings held before Judge David Nuffer: Status Conference held on 11/24/2014, Scheduling Conference held on 11/24/2014, Counsel present via telephone conference. Counsel for parties agreed to the 6/1/2015 trial date. Potential Daubert motions discussed. Daubert Motions due by 1/15/2015.Discussion heard on the briefed motions for summary judgment. Court will execute a revised scheduling order, with the 6/1/2015 trial date. Court adjourned. Attorney for Plaintiff: David Mortensen, David Owen, Matthew Stinnett, Emma Wolfe, Attorney for Defendant: Rod Andreason, Joshua Rupp. Court Reporter: Becky Janke.(Time Start: 1:30, Time End: 1:45, Room 3.100.) (asb) |
| Deadlines/Hearings updated. Status/scheduling conference held 11/24/2014. (asb) |
| Filing 201 RESPONSE to Motion re #193 MOTION for Discovery MOTION to Expedite Short Form Discovery Motion filed by Plaintiff Global Fitness Holdings, LLC, Counter Defendant Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 200 Plaintiff's Amended Pretrial Disclosures BRIEF filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Trial Exhibits, #2 Exhibit B - Summaries of other evidence or demonstrative exhibits)(Mortensen, David) |
| Filing 199 NOTICE OF TELEPHONIC HEARING ON MOTION re: #193 MOTION for Discovery MOTION to Expedite Short Form Discovery Motion : (Notice generated by EJF Chambers) Motion Hearing set for 11/26/2014 09:00 AM before Magistrate Judge Evelyn J. Furse. Counsel to be contacted by email with conference call information. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (lnp) |
| Filing 198 NOTICE OF HEARING: Status Report and Scheduling Conference set for Monday, 11/24/2014 01:30 PM in Rm 3.100 before Judge David Nuffer. (asb) |
| Filing 197 Defendants' Pre-Trial Disclosures BRIEF filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services, Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A - Defendants' Pre-Trial Exhibit List, #2 Exhibit B - Trial Demonstratives)(Andreason, Rod) |
| Filing 196 BRIEF Objections to Global Fitness's Pretrial Disclosures filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services, Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Andreason, Rod) |
| Filing 195 DISCOVERY DISPUTE LETTER filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services, Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Andreason, Rod) |
| Filing 194 **SEALED DOCUMENT** SEALED EXHIBITS B AND G TO #193 MOTION for Discovery MOTION to Expedite Short Form Discovery Motion filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit B, #2 Exhibit G) (alt) |
| Filing 193 MOTION for Discovery and Memorandum in Support , MOTION to Expedite Defendants' Short Form Discovery Motion and Memorandum in Support filed by Defendant Federal Recovery Services. (Attachments: #1 Exhibit Index, #2 Exhibit A - 04/24/14 Email, #3 Exhibit B - 08/30/12 Email - SEALED, #4 Exhibit C - 11/11/14 Email, #5 Exhibit D - 04/08/14 Email, #6 Exhibit E - 03/31/14 Letter, #7 Exhibit F - 03/17/14 Deposition of DeVary, #8 Exhibit G - 05/02/14 Deposition of Noshirvani - SEALED, #9 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Andreason, Rod) |
| Filing 192 AFFIDAVIT of Rod Andreason re #191 Notice of Conventional Filing filed by Federal Recovery Services. (Andreason, Rod) |
| Filing 191 NOTICE OF CONVENTIONAL FILING of Exhibit B & Exhibit G to Defendants' Short Form Discovery Motion for Resolution of Privilege Dispute and Expedited Treatment filed by Defendant Federal Recovery Services (Andreason, Rod) |
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Filing 190
DOCKET TEXT ORDER finding as MOOT Plaintiff Global Fitness Holdings, LLC's #187 Short Form Discovery Motion for Resolution of Privilege Dispute. Signed by Magistrate Judge Evelyn J. Furse on 10/29/14. No attached document. (dmc)
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| Filing 189 STIPULATION re #187 MOTION for Discovery Plaintiff's MOTION to Expedite Short Form Discovery Motion for Resolution of Privilege Dispute by Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
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Filing 188
DOCKET TEXT ORDER re #187 MOTION for Discovery Plaintiff's MOTION to Expedite Short Form Discovery Motion for Resolution of Privilege Dispute filed by Global Fitness Holdings, LLC. Opposition DUE 10/28/2014. Signed by Magistrate Judge Evelyn J. Furse on 10/23/2014. (lnp)
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| Filing 187 MOTION for Discovery , Plaintiff's MOTION to Expedite Short Form Discovery Motion for Resolution of Privilege Dispute filed by Plaintiff Global Fitness Holdings, LLC, Counter Defendant Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Chart and Full Documents, #2 Exhibit B - Documents, #3 Exhibit C - Emails, #4 Exhibit D - Redacted Documents, #5 Text of Proposed Order [Proposed] Order Granting Global Fitness Holding, LLC's Short Form Discovery Motion for Resolution of Privilege Dispute) Motions referred to Evelyn J. Furse.(Mortensen, David) |
| Filing 186 REQUEST to Submit for Decision re #132 MOTION to Dismiss re Breach of Contract Claim Against FRAI as it Relates to the Transfer of Data filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Andreason, Rod) |
| Filing 185 REPLY to Response to Motion re #132 MOTION to Dismiss re Breach of Contract Claim Against FRAI as it Relates to the Transfer of Data filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 184 REQUEST to Submit for Decision re #113 MOTION for Partial Summary Judgment filed by Plaintiff Global Fitness Holdings, LLC, Counter Defendant Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 183 REQUEST to Submit for Decision re #108 MOTION for Partial Summary Judgment re Conversion Claim filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 182 REQUEST to Submit for Decision re #122 SEALED MOTION for Summary Judgment Dismissing All Claims as Moot filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 181 REQUEST to Submit for Decision re #120 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 180 REQUEST to Submit for Decision re #106 MOTION for Partial Summary Judgment re Promissory Estoppel Claim filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 179 REQUEST to Submit for Decision re #121 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim for Lack of Causation filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 178 REQUEST to Submit for Decision re #111 Defendant's MOTION for Partial Summary Judgment Re: Breach of Contract filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 177 REDACTION to #172 Sealed Document Reply Memorandum in Support of Sealed Motion for Summary Judgment Dismissing All Claims as Moot by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit Index, #2 Exhibit Deposition pages 53 and 54, #3 Exhibit String of emails from Trawick dated 10/24 and 10/25/2014)(Andreason, Rod) |
| Filing 176 REDACTION to #171 Sealed Document, Reply Memorandum in Support of Defendants' Motion for Partial Summary Judgment re: Global's Tortious Interference Claim for Lack of Causation by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Oct. 12, 2012 Email from T. Holmes, #3 Exhibit 2 - Oct. 17, 2012 Email from C. Hodge - UNDER SEAL, #4 Exhibit 3 - Excerpts from 30 (b)(6) Depo - UNDER SEAL, #5 Exhibit 4 - Decl. of Todd Rasmussen, #6 Exhibit 5 - Excerpt from Depo Transcript of Paul Shaller, #7 Exhibit 6 - Excerpt from Depo Transcript of Keith Trawick)(Andreason, Rod) |
| Filing 175 Motions No Longer Referred: #122 SEALED MOTION for Summary Judgment Dismissing All Claims as Moot, #121 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim for Lack of Causation, #120 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim (mh) |
| Filing 174 REDACTION to #170 Sealed Document, Reply Memorandum in Support of Defendants' Motion for Partial Summary Judgment on Global's Tortious Interference Claim by Defendant Federal Recovery Services. (Attachments: #1 Exhibit Index, #2 Exhibit A - 10/05/12 Email - Sealed, #3 Exhibit B - Deposition of Schaller, #4 Exhibit C - 10/09/12 Email, #5 Exhibit D - Deposition of Trawick, #6 Exhibit E - 30(b)(6) Deposition of L.A. Fitness, #7 Exhibit F - Global Fitness Discovery Response)(Andreason, Rod) |
| Filing 173 REDACTION to #169 Sealed Document, Reply Memorandum in Support of Defendants' Motion for Partial Summary Judgment on Global's Promissory Estoppel Claim by Defendant Federal Recovery Services. (Attachments: #1 Exhibit Index, #2 Exhibit A - Asset Purchase Agreement - Sealed, #3 Exhibit B - Schaller Deposition)(Andreason, Rod) |
| Filing 172 **SEALED DOCUMENT** SEALED REPLY MEMORANDUM IN SUPPORT OF #122 SEALED MOTION for Summary Judgment Dismissing All Claims as Moot filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (alt) |
| Filing 171 **SEALED DOCUMENT** SEALED REPLY MEMORANDUM IN SUPPORT OF #121 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim for Lack of Causation filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit Index, #2 Exhibit 2, #3 Exhibit 3) (alt) |
| Filing 170 **SEALED DOCUMENT** SEALED REPLY MEMORANDUM IN SUPPORT OF #120 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit Index, #2 Exhibit A) (alt) |
| Filing 169 **SEALED DOCUMENT** SEALED REPLY MEMORANDUM IN SUPPORT OF #106 MOTION for Partial Summary Judgment re Promissory Estoppel Claim filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit Index, #2 Exhibit A) (alt) |
| Filing 168 REPLY to Response to Motion re #111 Defendant's MOTION for Partial Summary Judgment Re: Breach of Contract filed by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit Paul Schaller Depo Excerpts, #2 Exhibit Declaration of Todd Rasmussen, #3 Exhibit Declaration of Glen Bendixen)(Andreason, Rod) |
| Filing 167 RESPONSE to Motion re #132 MOTION to Dismiss re Breach of Contract Claim Against FRAI as it Relates to the Transfer of Data filed by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit 1 - Contracts, #2 Exhibit 2 - Declaration of Todd Rasmussen)(Andreason, Rod) |
| Filing 166 REPLY to Response to Motion re #108 MOTION for Partial Summary Judgment re Conversion Claim filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit Pages from Schaller Deposition, #2 Exhibit Email from Trawick dated 08/30/14 and email from Todd Rasmussen re UPS Delivery Confirmation)(Andreason, Rod) |
| Filing 165 NOTICE OF CONVENTIONAL FILING of Reply Memorandum in Support of Motion for Summary Judgment Dismissing Plaintiff's Claims as Moot filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services re #122 SEALED MOTION for Summary Judgment Dismissing All Claims as Moot (Andreason, Rod) |
| Filing 164 AFFIDAVIT/DECLARATION of Rod N. Andreason in Support re #122 SEALED MOTION for Summary Judgment Dismissing All Claims as Moot filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Andreason, Rod) |
| Filing 163 NOTICE OF CONVENTIONAL FILING of Defendants' Reply Memorandum filed by Defendant Federal Recovery Acceptance, Inc. re #121 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim for Lack of Causation (Attachments: #1 Affidavit of Rod N. Andreason In Support of Filing Under Seal) (Andreason, Rod) |
| Filing 162 AFFIDAVIT/DECLARATION of David L. Mortensen in Support re #113 MOTION for Partial Summary Judgment filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit EEE - Todd Rasmussen depo excerpts, #2 Exhibit FFF - Glen Bendixen depo excerpts, #3 Exhibit GGG - Roy Keith Trawick, Jr. depo excerpts, #4 Exhibit HHH - Email chain from G. Bendixen to R. Taylor (3/30/11), #5 Exhibit III - Email from G. Bendixen to D. Pratt (5/06/11), #6 Exhibit JJJ - Email from K. Trawick to S. Nelson and G. Bendixen (12/09/11), #7 Exhibit KKK - Email chain from G. Bendixen to K. Trawick (12/08/11), #8 Exhibit LLL - Email from G. Bendixen to D. Pratt (8/05/11), #9 Exhibit MMM - Email from T. Rasmussen to G. Bendixen (1/04/11), #10 Exhibit NNN - Sid Nelson depo excerpts, #11 Exhibit OOO - Glenn Gordon depo excerpts, #12 Exhibit PPP - Email chain from R. Taylor to G. Bendixen (9/12/12), #13 Exhibit QQQ - Email from G. Bendixen to S. Nelson (9/18/12), #14 Exhibit RRR - Email chain from G. Bendixen to T. Rasmussen (6/02/11))(Mortensen, David) |
| Filing 161 REPLY to Response to Motion re #113 MOTION for Partial Summary Judgment filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Appendix I, #2 Appendix II)(Mortensen, David) |
| Filing 160 NOTICE OF CONVENTIONAL FILING of Reply Memorandum in Support of Defendant's Motion for Partial Summary Judgment on Global's Tortious Interference Claim filed by Defendant Federal Recovery Services re #123 Redacted Document, #120 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim (Attachments: #1 Affidavit of Rod Andreason Re Documents Filed Under Seal in Reply Memorandum in Support of Defendant's Motion for Partial Summary Judgment on Global's Tortious Interference Claim) (Andreason, Rod) |
| Filing 159 NOTICE OF CONVENTIONAL FILING of Reply Memorandum in Support of Defendant's Motion for Partial Summary Judgment on Global's Promissory Estoppel Claim filed by Defendant Federal Recovery Services re #106 MOTION for Partial Summary Judgment re Promissory Estoppel Claim (Attachments: #1 Affidavit of Rod Andreason Re Documents Filed Under Seal in Reply Memorandum in Support of Defendant's Motion for Partial Summary Judgment on Global's Promissory Estoppel Claim) (Andreason, Rod) |
| Filing 158 REDACTION to #151 Sealed Document,, Memorandum in Opposition to FRAI and FRSI's Motion for Partial Summary Judgment re Global's Tortious Intereference Claim for Lack of Causation by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Todd Rasmussen depo, #2 Exhibit B - Example membership contract, #3 Exhibit C - Sid Nelson depo, #4 Exhibit D - FRSI 30(b)(6) depo, #5 Exhibit E - Lexington servicing fitness membership contracts, #6 Exhibit F - 2008 Servicing fitness membership contracts, #7 Exhibit G - Glenn Gordon depo, #8 Exhibit H - Existing locations agreement, #9 Exhibit I - New locations agreement (9/11/09), #10 Exhibit J - Global Fitness 30(b)(6) depo, #11 Exhibit K - Affidavit of Coby DeVary (1/08/13), #12 Exhibit L - Email from K. Trawick to S. Nelson (9/10/12), #13 Exhibit M - Email chain from G. Bendixen to T. Rasmussen (9/10/12), #14 Exhibit N - Email from K. Trawick to S. Nelson and G. Bendixen (9/11/12), #15 Exhibit O - Email from K. Trawick to D. Gunapalan (10/03/12), #16 Exhibit P - Email from K. Trawick to S. Nelson (10/03/12), #17 Exhibit Q - Email from T. Rasmussen to G. Bendixen (10/03/12), #18 Exhibit R - Email from T. Klc to G. Bendixen (10/05/12), #19 Exhibit S - Email from T. Klc to G. Bendixen (10/09/12), #20 Exhibit T - Dan Dorsett depo, #21 Exhibit U - Email from E. Dorisio to C. Barnett (10/11/12), #22 Exhibit V - FILED UNDER SEAL, #23 Exhibit W - FILED UNDER SEAL, #24 Exhibit X - Arthur V. Curtis Rebuttal Expert Witness Report, #25 Exhibit Y - Keith Trawick depo, #26 Exhibit Z - FILED UNDER SEAL, #27 Exhibit AA - FILED UNDER SEAL, #28 Exhibit BB - Brian Lloyd Expert Witness Report, #29 Exhibit CC - FILED UNDER SEAL, #30 Exhibit DD - Email chain from G. Bendixen to T. Rasmussen (9/10/12), #31 Exhibit EE- Affidavit of Keith Trawick (10/10/12), #32 Exhibit FF - LA Fitness Depo, #33 Exhibit GG - Email from G. Bendixen to T. Rasmussen (10/03/12), #34 Exhibit HH - Email chain from G. Bendixen to R. Rice (10/03/12), #35 Exhibit II - Email chain from G. Bendixen to S. Nelson (10/03/12), #36 Exhibit JJ - Email chain from G. Bendixen to T. Trasmussen (10/05/12), #37 Exhibit KK - Email chain from D. Turner to T. Klc (10/05/12), #38 Exhibit LL - FILED UNDER SEAL, #39 Exhibit MM - Paul Schaller depo, #40 Exhibit NN - Paul Schaller Expert Witness Report and Analysis, #41 Exhibit OO - Sean Kirby depo, #42 Exhibit PP - Email from G. Bendixen to R. Rice (10/02/12), #43 Exhibit QQ - Email from K. Trawick to T. Rasmusesn (10/09/12), #44 Exhibit RR - Email chain from K. Trawick to G. Bendixen (10/09/12), #45 Exhibit SS - Second Amendment to the Asset Purchase Agreement (10/25/12), #46 Exhibit TT - Sean Kirby Rebuttal Expert Witness Report (5/23/14))(Mortensen, David) |
| Filing 157 REDACTION to #150 Sealed Document, Memorandum in Opposition to FRAI and FRSI's Motion for Partial Summary Judgment on Global's Tortious Interference Claim by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Todd Rasmussen depo, #2 Exhibit B - Example membership contract, #3 Exhibit C - Sid Nelson depo, #4 Exhibit D - FRSI 30(b)(6) depo, #5 Exhibit E - ACH Agreement, #6 Exhibit F - 2008 Servicing fitness contracts, #7 Exhibit G - Glenn Gordon depo, #8 Exhibit H - Existing locations agreement, #9 Exhibit I - New locations agreement, #10 Exhibit J - Global Fitness 30(b)(6) depo, #11 Exhibit K - Affidavit of Keith Trawick (10/10/14), #12 Exhibit L - Affidavit of Coby DeVary (1/08/13), #13 Exhibit M - Email from K. Trawick to S. Nelson and M. Misner (9/10/12), #14 Exhibit N - Email from G. Bendixen to T. Rasmussen (9/10/12), #15 Exhibit O - Email from K. Trawick to S. Nelson and G. Bendixen (9/11/12), #16 Exhibit P - Email from K. Trawick to D. Gunapalan (10/03/12), #17 Exhibit Q - Email from K. Trawick to S. Nelson (10/03/12), #18 Exhibit R - Email from T. Rasmussen to G. Bendixen (10/03/12), #19 Exhibit S - Email from T. Klc to G. Bendixen (10/05/12), #20 Exhibit T - Email from T. Klc to G. Bendixen (10/09/12), #21 Exhibit U - Arthur Curtis Rebuttal Expert Witness Report (5/23/14), #22 Exhibit V - FILED UNDER SEAL, #23 Exhibit W - FILED UNDER SEAL, #24 Exhibit X - L.A. Fitness 30(b)(6) depo, #25 Exhibit Y - Todd Rasmussen Affidavit (8/04/14), #26 Exhibit Z - Email from G. Bendixen to R. Rice and K. Melby (10/03/12), #27 Exhibit AA - Email from G. Bendixen to R. Rice and T. Rasmussen (10/03/12), #28 Exhibit BB - Email from G. Bendixen to S. Nelson (10/03/12), #29 Exhibit CC - Email from G. Bendixen to T. Rasmussen (10/05/12), #30 Exhibit DD - Email from D. Turner to T. Klc (10/05/12), #31 Exhibit EE - Paul Schaller Expert Witness Report and Analysis, #32 Exhibit FF - FILED UNDER SEAL, #33 Exhibit GG - Sean Kirby depo, #34 Exhibit HH - Email from G. Bendixen to R. Rice (10/02/12), #35 Exhibit II - Email from K. Trawick to T. Rasmussen and S. Nelson (10/09/12), #36 Exhibit JJ - Email from K. Trawick to G. Bendixen (10/09/12), #37 Exhibit KK - Email from G. Bendixen to T. Rasmussen (9/10/12), #38 Exhibit LL - Sean Kirby Expert Report (9/10/12))(Mortensen, David) |
| Filing 156 REDACTION to #152 Sealed Document,, Memorandum in Opposition to Defendants' Motion for Summary Judgment Dismissing Plaintiff's Claim as Moot by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Todd Rasmussen depo, #2 Exhibit B - Example membership contract, #3 Exhibit C - Sid Nelson depo, #4 Exhibit D - 30(b)(6) FRSI depo, #5 Exhibit E - Coby DeVary Affidavit (1/08/13), #6 Exhibit F - FILED UNDER SEAL, #7 Exhibit G - FILED UNDER SEAL, #8 Exhibit H - Email from K. Trawick to S. Nelson and G. Bendixen (9/11/12), #9 Exhibit I - Affidavit of Todd Rasmussen (8/04/14), #10 Exhibit J - GFH (30(b)(6) depo, #11 Exhibit K - Email from T. Rasmussen to G. Bendixen (10/03/12), #12 Exhibit L - Email from T. Klc to G. Bendixen (10/05/12), #13 Exhibit M - FILED UNDER SEAL, #14 Exhibit N - FRAI 30(b)(6) depo, #15 Exhibit O - Affidavit of Kathryn S. Polson (9/04/14))(Mortensen, David) |
| Filing 155 EXHIBITS filed by Global Fitness Holdings, LLC re #152 Sealed Document,,. (Attachments: #1 Exhibit A - Todd Rasmussen Depo, #2 Exhibit B - Example Membership Contract, #3 Exhibit C - Sid Nelson Depo, #4 Exhibit D - FRSI 30(b)(6) Depo, #5 Exhibit E - Coby DeVary Affidavit, #6 Exhibit H - email from K. Trawick to S. Nelson and G. Bendixen (9/11/12), #7 Exhibit I - Todd Rasmussen Affidavit, #8 Exhibit J - GFH 30(b)(6) Depo, #9 Exhibit K - email from T. Rasmussen to G. Bendixen (10/3/12), #10 Exhibit L - email from T. Klc to G. Bendixen (10/5/12), #11 Exhibit N - FRAI 30(b)(6) Depo, #12 Exhibit O - Kathryn S. Polson Affidavit)(Mortensen, David) |
| Filing 154 EXHIBITS filed by Global Fitness Holdings, LLC re #150 Sealed Document,. (Attachments: #1 Exhibit A - T. Rasmussen Depo, #2 Exhibit B - Example Membership Contract, #3 Exhibit C - Sid Nelson Depo, #4 Exhibit D - FRSI 30(b)(6) Depo, #5 Exhibit E - ACH Agreement, #6 Exhibit F - 2008 Lexington Service Fitness Membership Contracts, #7 Exhibit G - Glenn Gordon Depo, #8 Exhibit H - Existing Locations Agreement, #9 Exhibit I - New Locations Agreement, #10 Exhibit J - Global Fitness 30(b)(6) Depo, #11 Exhibit K - Keith Trawick Affidavit, #12 Exhibit L - Coby DeVary Affidavit, #13 Exhibit M - email from K. Trawick to S. Nelson and M. Misner (9/10/12), #14 Exhibit N - email from G. Bendixen to T. Rasmussen (9/10/12), #15 Exhibit O - email from K. Trawick to S. Nelson and G. Bendixen (9/11/12), #16 Exhibit P - email from K. Trawick to D. Gunapalan (10/3/12), #17 Exhibit Q - email from K. Trawick to S. Nelson (10/3/12), #18 Exhibit R - email from T. Rasmussen to G. Bendixen (10/3/12), #19 Exhibit S - email from T. Klc to G. Bendixen (10/5/12), #20 Exhibit T - email from T. Klc to G. Bendixen (10/9/12), #21 Exhibit U - Arthur Curtis Rebuttal Expert Witness Report, #22 Exhibit X - LA Fitness 30(b)(6) Depo, #23 Exhibit Y - Todd Rasmussen Affidavit, #24 Exhibit Z - email from G. Bendixen to R. Rice and K. Melby (10/3/12), #25 Exhibit AA - email from G. Bendixen to T. Rasmussen (10/3/12), #26 Exhibit BB - email from G. Bendixen to S. Nelson (10/3/12), #27 Exhibit CC - email from G. Bendixen to T. Rasmussen (10/5/12), #28 Exhibit DD - email from D. Turner to T. Klc (10/5/12), #29 Exhibit EE - Paul Schaller Expert Witness Report, #30 Exhibit GG - Sean Kirby Depo, #31 Exhibit HH - email from G. Bendixen to R. Rice (10/2/12), #32 Exhibit II - email from K. Trawick to T. Rasmussen and S. Nelson (10/9/12), #33 Exhibit JJ - email from K. Trawick to G. Bendixen (10/9/12), #34 Exhibit KK - email from G. Bendixen to T. Rasmussen (9/10/12), #35 Exhibit LL - Sean Kirby Expert Report)(Mortensen, David) |
| Filing 153 EXHIBITS filed by Global Fitness Holdings, LLC re #151 Sealed Document,,. (Attachments: #1 Exhibit A - Todd Rasmussen Depo, #2 Exhibit B - Example Membership Contract, #3 Exhibit C - Sid Nelson Depo, #4 Exhibit D - FRSI 30(b)(6) Depo, #5 Exhibit E - Three 2008 Lexington Service Fitness Membership Contracts, #6 Exhibit F - Four 2008 Servicing Fitness Membership Contracts, #7 Exhibit G - Gleen Gordon Depo, #8 Exhibit H - Existing Location Agreement, #9 Exhibit I - New Locations Agreement, #10 Exhibit J - Global Fitness 30(b)(6) Depo, #11 Exhibit K - Coby DeVary Affidavit, #12 Exhibit L - email from K. Trawick to S. Nelson (9/10/12), #13 Exhibit M - email chain from G. Bendixen to T. Rasmussen (9/10/12), #14 Exhibit N - email from K. Trawick to S. Nelson and G. Bendixen (9/11/12), #15 Exhibit O - email from K. Trawick to D. Gunapalan (10/3/12), #16 Exhibit P - email from K. Trawick to S. Nelson (10/3/12), #17 Exhibit Q - email from T. Rasmussen to G. Bendixen (10/3/12), #18 Exhibit R - email from T. Klc to G. Bendixen (10/5/12), #19 Exhibit S - email from T. Klc to G. Bendixen (10/9/12), #20 Exhibit T - Dan Dorsett Depo, #21 Exhibit U - email from E. Dorisio to C. Barnett (10/11/12), #22 Exhibit X - Arthur V. Curtis Rebuttal Expert Witness Report, #23 Exhibit Y - Keith Trawick depo, #24 Exhibit BB - Brian Lloyd Expert Witness Report, #25 Exhibit DD - email chain from G. Bendixen to T. Rasmussen (9/10/12), #26 Exhibit EE - Keith Trawick Affidavit, #27 Exhibit FF - LA Fitness Depo, #28 Exhibit GG - email chain from G. Bendixen to T. Rasmussen (10/3/12), #29 Exhibit HH - email chain from G. Bendixen to R. Rice (10/3/12), #30 Exhibit II - email chain from G. Bendixen to S. Nelson (10/3/12), #31 Exhibit JJ - email chain from G. Bendixen to T. Rasmussen (10/5/12), #32 Exhibit KK - email chain from D. Turner to T. Klc (10/5/12), #33 Exhibit MM - Paul Schaller depo, #34 Exhibit NN - Paul Schaller Expert Witness Report, #35 Exhibit OO - Sean Kirby Depo, #36 Exhibit PP - email from G. Bendixen to R. Rice (10/9/12), #37 Exhibit QQ - email from K. Trawick to T. Rasmussen (10/9/12), #38 Exhibit RR - email chain from K. Trawick to G. Bendixen (10/9/12), #39 Exhibit SS - Second Amendment to the Asset Purchase Agreement, #40 Exhibit TT - Sean Kirby Rebuttal Expert Witness Report)(Mortensen, David) |
| Filing 152 **SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION TO #122 SEALED MOTION for Summary Judgment Dismissing All Claims as Moot, filed by Plaintiff Global Fitness Holdings, LLC (Sealed Attachments: #1 Exhibit D, relevant pages of the FRSI 30(b)(6) Depo, #2 Exhibit F, relevant pages of 9/5/12 Asset Purchase Agreement, #3 Exhibit G, 10/25/12 Bill of Sale, #4 Exhibit J, relevant pages of the Global Fitness 30(b)(6) Depo, #5 Exhibit M, APA Schedule 2.1(b), #6 Exhibit N, relevant pages of the Paramount 30(b)(6) Depo)(alt) |
| Filing 151 **SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION TO #121 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim for Lack of Causation, filed by Plaintiff Global Fitness Holdings, LLC (Sealed Attachments: #1 Exhibit V, 10/8/12 e-mail from Lindsay Sparks to Darby Turner, #2 Exhibit W, 9/5/12 Asset Purchase Agreement, #3 Exhibit Z, 10/12/12 e-mail from Tim Holmes to Coby DeVary, #4 Exhibit AA, 10/2/12 Amended Asset Purchase Agreement, #5 Exhibit CC, relevant pages of Brian Lloyd Depo, #6 Exhibit LL, relevant pages of Motionsoft Depo) (alt) |
| Filing 150 **SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION TO #120 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim filed by Plaintiff Global Fitness Holdings, LLC (Sealed Attachments: #1 Exhibit V, #2 Exhibit W, #3 Exhibit FF) (alt) |
| Filing 149 **SEALED DOCUMENT** SEALED EXHIBIT HH TO #146 Affidavit/Declaration in Opposition to #111 Defendant's MOTION for Partial Summary Judgment Re: Breach of Contract, filed by Plaintiff Global Fitness Holdings, LLC (alt) |
| Filing 148 **SEALED DOCUMENT** SEALED EXHIBIT V TO #142 Affidavit/Declaration in Opposition to #108 MOTION for Partial Summary Judgment re Conversion Claim, filed by Plaintiff Global Fitness Holdings, LLC (alt) |
| Filing 147 **SEALED DOCUMENT** SEALED EXHIBIT U TO #136 Memorandum in Opposition to #106 MOTION for Partial Summary Judgment re Promissory Estoppel Claim, filed by Plaintiff Global Fitness Holdings, LLC (alt) |
| Filing 146 AFFIDAVIT/DECLARATION of David L. Mortensen in Opposition re #111 Defendant's MOTION for Partial Summary Judgment Re: Breach of Contract filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Todd Rasmussen Deposition, #2 Exhibit B - Example Membership Contract, #3 Exhibit C - Sid Nelson Deposition, #4 Exhibit D - FRSI 30(b)(6) Deposition, #5 Exhibit E - Glenn Gordon Deposition, #6 Exhibit F - Three 2008 Lexington Servicing Fitness Membership Contracts, #7 Exhibit G - Glen Bendixen Deposition, #8 Exhibit H - Four Additional 2008 Servicing Fitness Membership Contracts, #9 Exhibit I - 10.1.12 FRSI Internal Email, #10 Exhibit J - Existing Locations Agreement, #11 Exhibit K - New Locations Agreement, #12 Exhibit L - 9.4.09 John Gragg Email to Sid Nelson, #13 Exhibit M - 8.27.09 Glen Gordon Email to Sid Nelson, #14 Exhibit N - 4.4.09 Lance Rice Email to Glenn Gordon, #15 Exhibit O - 9.2.09 Glen Bendixen Email to Todd Rasmussen, #16 Exhibit P - 2.16.11 Lance Rice Email to Glen Bendixen, #17 Exhibit Q - 12.6.11 Glen Bendixen Email to Keith Trawick, #18 Exhibit R - Global Fitness 30(b)(6) Deposition, #19 Exhibit S - ACH Agreement & Buckhead ACH Agreement, #20 Exhibit T - 11.11.12 Keith Trawick Email to Sid Nelson, #21 Exhibit U - 10.3.12 Keith Trawick Email to Dinesh Gunapalan, #22 Exhibit V - 10.3.12 Keith Trawick Email to Sid Nelson, #23 Exhibit W - 10.3.12 Todd Rasmussen Email to Glen Bendixen, #24 Exhibit X - 10.5.12 Thomas Klc Email to Glen Bendixen, #25 Exhibit Y - 10.9.12 Thomas Klc Email to Glen Bendixen, #26 Exhibit Z - Paramount 30(b)(6) Deposition, #27 Exhibit AA - Keith Trawick Deposition, #28 Exhibit BB - 9.11.12 Glen Bendixen Email to Ren Rice, #29 Exhibit CC - 8.4.14 Todd Rasmussen Affidavit, #30 Exhibit DD - 10.11.12 Kathy Polson Email Chain to Coby DeVary, #31 Exhibit EE - Paul Schaller Deposition, #32 Exhibit FF - Paul Schaller Expert Witness Report & Analysis, #33 Exhibit GG - 9.10.12 Sid Nelson Email Chain to Keith Trawick, #34 Exhibit HH - 30(b)(6) Motionsoft Designee Deposition (Filed Under Seal), #35 Exhibit II - Sean Kirby Deposition, #36 Exhibit JJ - Sean Kirby Rebuttal Expert Witness Report, #37 Exhibit KK - 10.3.12 Glen Bendixen Email Chain to Sid Nelson, #38 Exhibit LL - 9.10.12 Glen Bendixen Email Chain to Todd Rasmussen, #39 Exhibit MM - 10.3.12 Glen Bendixen Email to Ren Rice & Kenneth Melby, #40 Exhibit NN - 10.10.12 Thomas Klc Email to Darby Turner, #41 Exhibit OO - 10.2.12 Todd Rasmussen Email to Glen Bendixen, #42 Exhibit PP - 9.17.12 Todd Rasmussen Email to Sid Nelson, #43 Exhibit QQ - 10.9.12 Keith Trawick Email & Attached Letter to Glen Bendixen)(Mortensen, David) |
| Filing 145 EXHIBITS filed by Federal Recovery Acceptance, Inc., Federal Recovery Services re #144 Memorandum in Opposition to Motion. (Attachments: #1 Exhibit 1 - 2008 Contracts between parties, #2 Exhibit 2 - 2011 Contracts between parties, #3 Exhibit 3 - October 9, 2012 email from Keith Trawick, #4 Exhibit 4 - Portions of transcript of Paul Schaller deposition, #5 Exhibit 5 - Declaration of Todd Rasmussen, #6 Exhibit 6 - Portions of transcript of Keith Trawick deposition, #7 Exhibit 7 - October 5, 2012 to October 10, 2012 emails between parties regarding exit terms, #8 Exhibit 8 - Declaration of Glen Bendixen, #9 Exhibit 9 - Portions of transcript of Denver Pratt deposition, #10 Exhibit 10 - Expert report of Paul Schaller, #11 Exhibit 11 - Portions of transcript of Glen Bendixen deposition, #12 Exhibit 12 - Portions of transcript Todd Rasmussen deposition, #13 Exhibit 13 - Fee Payment Agreement, #14 Exhibit 14 - March 18, 2011 email from John Gragg to Jerry Sullivan, #15 Exhibit 15 - March 23, 2011 email from John Gragg to Jerry Sullivan, #16 Exhibit 16 - April 6, 2011 email from Glen Bendixen to Denver Pratt, #17 Exhibit 17 - Portions of transcript of Dan Dorsett deposition, #18 Exhibit 18 - December 7, 2011 email from Glen Bendixen to Sally Akiona and Ryan Taylor, #19 Exhibit 19 - Portions of transcript of Tom Klc deposition, #20 Exhibit 20 - D.E. # 111)(Andreason, Rod) |
| Filing 144 MEMORANDUM in Opposition re #113 MOTION for Partial Summary Judgment filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Andreason, Rod) |
| Filing 143 MEMORANDUM in Opposition re #111 Defendant's MOTION for Partial Summary Judgment Re: Breach of Contract filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 142 AFFIDAVIT/DECLARATION of David L. Mortensen in Opposition re #108 MOTION for Partial Summary Judgment re Conversion Claim filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Todd Rasmussen Deposition, #2 Exhibit B - Example Membership Contract, #3 Exhibit C - Sid Nelson Deposition, #4 Exhibit D - FRSI 30(b)(6) Deposition, #5 Exhibit E - Glenn Gordon Deposition, #6 Exhibit F - Existing Locations Agreement, #7 Exhibit G - New Locations Agreement, #8 Exhibit H - Todd Rasmussen Affidavit, #9 Exhibit I - Keith Trawick Deposition, #10 Exhibit J - Doby DeVary Affidavit, #11 Exhibit K - Global Fitness 30(b)(6) Deposition, #12 Exhibit L - 9.11.12 Keith Trawick Email to Sid Nelson & Glen Bendixen, #13 Exhibit M - 10.3.12 Keith Trawick Email Chain to Dinesh Gunapalan, #14 Exhibit N - 10.3.12 Keith Trawick Email to Sid Nelson, #15 Exhibit O - 10.3.12 Todd Rasmussen Email to Glen Bendixen, #16 Exhibit P - 10.5.12 Thomas Klc Email to Glen Bendixen, #17 Exhibit Q - 10.9.12 Thomas Klc Email to Glen Bendixen, #18 Exhibit R - Glen Bendixen Deposition, #19 Exhibit S - Paramount 30(b)(6) Deposition, #20 Exhibit T - Paul Schaller Deposition, #21 Exhibit U - Paul Schaller Expert Witness Report & Analysis, #22 Exhibit V - 30(b(6) Motionsoft Designee Deposition (Filed Under Seal), #23 Exhibit W - Sean Kirby Deposition, #24 Exhibit X - 10.3.12 Glen Bendixen Email to Ren Rice & Kenneth Melby, #25 Exhibit Y - 10.3.12 Glen Bendixen Email to Sid Nelson, #26 Exhibit Z - 10.3.12 Todd Rasmussen Email Chain to Glen Bendixen, #27 Exhibit AA - Arthur V. Curtis Rebuttal Expert Witness Report, #28 Exhibit BB - ACH Agreement, #29 Exhibit CC - Sean Kirby Rebuttal Expert Witness Report, #30 Exhibit DD - 10.10.12 Thomas Klc Email to Darby Turner)(Mortensen, David) |
| Filing 141 MEMORANDUM in Opposition re #108 MOTION for Partial Summary Judgment re Conversion Claim filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 140 NOTICE OF CONVENTIONAL FILING of Exhibit V to Global Fitness Holdings, LLC's Memorandum in Opposition to Defendants' Motion for Partial Summary Judgment for Plaintiff's Conversion Claim filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Affidavit in Support of Notice) (Mortensen, David) |
| Filing 139 NOTICE OF CONVENTIONAL FILING of Exhibit HH to Global Fitness Holdings, LLC's Memorandum in Opposition to Defendants' Motion for Partial Summary Judgment Re: Global's Breach of Contract and Breach of the Implied Covenant Claims filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Affidavit in Support of Notice) (Mortensen, David) |
| Filing 138 NOTICE OF CONVENTIONAL FILING of Exhibit U to Declaration of David L. Mortensen in Support of Global Fitness Holdings, LLC's Memorandum in Opposition to Federal Recovery Services Inc.'s Motion for Partial Summary Judgment Re: Global Fitness's Promissory Estoppel Claim filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Affidavit in Support of Notice) (Mortensen, David) |
| Filing 137 AFFIDAVIT/DECLARATION of David L. Mortensen in Opposition re #106 MOTION for Partial Summary Judgment re Promissory Estoppel Claim filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Todd Ramussen Deposition, #2 Exhibit B - Example Membership Contract, #3 Exhibit C - Sid Nelson Deposition, #4 Exhibit D - FRSI 30(b)(6) Deposition, #5 Exhibit E - Glenn Gordon Deposition, #6 Exhibit F - Existing Locations Agreement, #7 Exhibit G - New Locations Agreement, #8 Exhibit H - Todd Rasmussen Affidavit, #9 Exhibit I - Keith Trawick Deposition, #10 Exhibit J - 1.8.13 Coby DeVary Affidavit, #11 Exhibit K - Global Fitness 30(b)(6) Deposition, #12 Exhibit L - 9.11.12 Keith Trawick Email to Sid Nelson & Glen Bendixen, #13 Exhibit M - 10.10.12 Coby DeVary Affidavit, #14 Exhibit N - 10.3.12 Keith Trawick Email to Dinesh Gunapalan, #15 Exhibit O - 10.3.12 Keith Trawick Email to Sid Nelson, #16 Exhibit P - 10.3.12 Todd Rasmussen Email to Glen Bendixen, #17 Exhibit Q - 10.5.12 Thomas Klc Email to Glen Bendixen, #18 Exhibit R - 10.9.12 Thomas Klc Email to Glen Bendixen, #19 Exhibit S - Glen Bendixen Deposition, #20 Exhibit T - Paul Schaler Expert Witness Report & Analysis, #21 Exhibit U - 30(b)(6) Designee of Motionsoft Deposition (Filed Under Seal), #22 Exhibit V - Sean Kirby Deposition, #23 Exhibit W - 10.3.12 Glen Bendixen Email to Ren Rice & Kenneth Melby, #24 Exhibit X - 10.3.12 Glen Bendixen Email to Sid Nelson, #25 Exhibit Y - 10.3.12 Todd Rasmussen Email Chain to Glen Bendixen, #26 Exhibit Z - 10.10.12 Thomas Klc Email to Darby Turner, #27 Exhibit AA - Dan Dorsett Deposition)(Mortensen, David) |
| Filing 136 MEMORANDUM in Opposition re #106 MOTION for Partial Summary Judgment re Promissory Estoppel Claim filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 135 NOTICE OF CONVENTIONAL FILING of Memorandum in Opposition to Motion for Partial Summary Judgment re Global's Tortious Interference Claim for Lack of Causation filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Affidavit in Support of Notice of Conventional Filing) (Mortensen, David) |
| Filing 134 NOTICE OF CONVENTIONAL FILING of Memorandum in Opposition to Motion for Partial Summary Judgment on Global's Tortious Interference Claim filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Affidavit in Support of Notice of Conventional Filing) (Mortensen, David) |
| Filing 133 NOTICE OF CONVENTIONAL FILING of Memorandum in Opposition to Defendants' Motion for Summary Judgment Dismissing Plaintiffs' Claims as Moot filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Affidavit in Support of Notice of Conventional Filing) (Mortensen, David) |
| Filing 132 MOTION to Dismiss and Memorandum in Support re Breach of Contract Claim Against FRAI as it Relates to the Transfer of Data filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Email from Paramount's counsel to Global Fitness's counsel, #2 Exhibit B - Contract between the parties)(Mortensen, David) Modified on 9/11/2014: removed excess text (alt) |
| Filing 131 Minute Order. Telephonic Proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 8/27/2014 re #99 MOTION for Resolution of Paramount's Damages and Privilege Issues filed by Global Fitness Holdings, LLC. Counsel present, appearing telephonically. After hearing from counsel, the Court GRANTS #99 Motion for Resolution of Paramount's Damages and Privilege Issues. Court orders defendant to provide complete privilege log to plaintiff and to send documents of in camera review to court. Attorney for Plaintiff: Matthew Stinnett, David L. Mortensen, Attorney for Defendant Rod N. Andreason, Joshua S. Rupp. Court Reporter: Electronic.(Time Start: 9:41:00, Time End: 10:17:02, Room 7.4.) (lnp) |
| Filing 130 NOTICE OF FILING of Global Fitness Holding, LLC's List of Challenged Documents re #99 MOTION for Resolution of Paramount's Damages and Privilege Issues filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - First Privilege Log, #2 Exhibit B - Second Privilege Log, #3 Exhibit C - Comparison of First and Second Privilege Log, #4 Exhibit D - Third Privilege Log, #5 Exhibit E - Comparison of Second and Third Privilege Log)(Mortensen, David) |
| Filing 129 NOTICE OF TELEPHONIC HEARING ON MOTION re: #99 MOTION for Resolution of Paramount's Damages and Privilege Issues : (Notice generated by EJF Chambers) Motion Hearing set for 8/27/2014 09:30 AM before Magistrate Judge Evelyn J. Furse. Counsel to be contacted by email with conference call information .Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (lnp) |
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Filing 128
DOCKET TEXT ORDER re #99 MOTION for Resolution of Paramount's Damages and Privilege Issues filed by Global Fitness Holdings, LLC. Court orders Federal Recovery Acceptance Inc. to produce a complete privilege log by 8/19/2014; Parties to meet and confer re: material on privilege log by 8/22/2014; Global Fitness Holdings to submit list of challenged documents to the Court by 8/25/2014; Court will hold a telephonic hearing on remaining issues from ECF No. #99 on 8/27/2014 at 9:30 AM. Signed by Magistrate Judge Evelyn J. Furse on 8/15/2014. (lnp)
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| Filing 127 REDACTION to #121 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim for Lack of Causation by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B- Under Seal, #4 Exhibit C, #5 Exhibit D- Under Seal, #6 Exhibit E- Under Seal, #7 Exhibit F- Under Seal, #8 Exhibit G, #9 Exhibit H- Under Seal, #10 Exhibit I- Under Seal, #11 Exhibit J- Under Seal, #12 Exhibit K, #13 Exhibit L- Under Seal, #14 Exhibit M- Under Seal, #15 Exhibit N)(Andreason, Rod) |
| Filing 126 REDACTION to #122 SEALED MOTION for Summary Judgment Dismissing All Claims as Moot Exhibit Index with Exhibits by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit A - Sealed - Sections of APA)(Andreason, Rod) |
| Filing 125 REDACTION to #122 SEALED MOTION for Summary Judgment Dismissing All Claims as Moot Defendants' Motion for Summary Judgment Dismissing Plaintiff's Claims as Moot by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Andreason, Rod) |
| Filing 124 REDACTION to #120 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim Exhibit Index with Exhibits - Defendant's Motion for Partial Summary Judgment on Global's Tortious Interferences Claim by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit A - Sealed - APA Documents, #2 Exhibit B - Sealed - DeVary Deposition, #3 Exhibit C - Sealed - Pulliam Deposition, #4 Exhibit D - September 3, 2013 email, #5 Exhibit E - Sealed - L.A. Fitness Deposition, #6 Exhibit F - Twelve Contracts, #7 Exhibit G - Sealed - 30(b)(6) Deposition, #8 Exhibit H - Septemebr 11, 2014 email, #9 Exhibit I - Sealed - October 11, 2012 emails, #10 Exhibit J - Trawick Deposition)(Andreason, Rod) |
| Filing 123 REDACTION to #120 SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim Defendants' Motion for Partial Summary Judgment on Global's Tortious Interference Claim by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Andreason, Rod) |
| Filing 116 NOTICE OF ERROR re #108 MOTION for Partial Summary Judgment re Conversion Claim. Filer selected the wrong motion relief - relief sought is not "Summary Judgment" but "Partial Summary Judgment". Motion relief has been corrected with additional text shortened to clarity. (alt) |
| Filing 115 NOTICE OF ERROR re #106 MOTION for Partial Summary Judgment re Promissory Estoppel Claim. The document Filer selected the wrong motion relief - relief sought is not "Summary Judgment" but "Partial Summary Judgment". Motion relief has been corrected with brief text added to differentiate this entry from the other partial summary jgm motions. (alt) |
| Filing 122 *SEALED DOCUMENT* SEALED MOTION for Summary Judgment Dismissing All Claims as Moot and Memorandum in Support filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit Index, #2 Exhibit A) Motion referred to Evelyn J. Furse (alt) |
| Filing 121 *SEALED DOCUMENT* SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim for Lack of Causation and Memorandum in Support filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N) Motion referred to Evelyn J. Furse (alt) |
| Filing 120 *SEALED DOCUMENT* SEALED MOTION for Partial Summary Judgment on Global's Tortious Interference Claim and Memorandum in Support filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J) Motion referred to Evelyn J. Furse (alt) Modified on 8/5/2014: corrected "Date Filed" (alt) |
| Filing 119 **SEALED DOCUMENT** SEALED EXHIBITS TO #111 Defendant's MOTION for Partial Summary Judgment Re: Breach of Contract filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit B, #2 Exhibit F, #3 Exhibit G) (alt) |
| Filing 118 **SEALED DOCUMENT** SEALED EXHIBITS TO #108 MOTION for Partial Summary Judgment re Conversion Claim filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit E, #2 Exhibit I, #3 Exhibit J) (alt) |
| Filing 117 **SEALED DOCUMENT** SEALED EXHIBITS TO #106 MOTION for Partial Summary Judgment re Promissory Estoppel Claim filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H) (alt) Modified on 8/5/2014: corrected "Date Filed" and added second filer (alt) |
| Filing 114 AFFIDAVIT/DECLARATION of David L. Mortensen in Support re #113 MOTION for Partial Summary Judgment filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit Exhibit A - Todd Rasmussen Depo pages, #2 Exhibit Exhibit B - example membership contract, #3 Exhibit Exhibit C - Sid Nelson Depo pages, #4 Exhibit Exhibit D - FRSI 30(b)(6) Depo, #5 Exhibit Exhibit E - Glen Gordon Depo pages, #6 Exhibit Exhibit F - 2008 Lexington Servicing Fitness Membership Contracts, #7 Exhibit Exhibit G - Glen Bendixon Depo pages, #8 Exhibit Exhibit H - 2008 Servicing Fitness Membership Contracts, #9 Exhibit Exhibit I - FRAI 0142500, #10 Exhibit Exhibit J - Existing Locations Agreement, #11 Exhibit Exhibit K - New Locations Agreement, #12 Exhibit Exhibit L-FRAI010556, #13 Exhibit Exhibit M - FRAI011994, #14 Exhibit Exhibit N - FRAI010546, #15 Exhibit Exhibit O - FRAI012488, #16 Exhibit Exhibit P - FRAI042961, #17 Exhibit Exhibit Q - FRAI011499, #18 Exhibit Exhibit R - GFH 30(b)(6) Depo pages, #19 Exhibit Exhibit S - FRAI015088-99, #20 Exhibit Exhibit T - FRAI015086, #21 Exhibit Exhibit U - FRAI013657-65, #22 Exhibit Exhibit V - GF-152686-89, #23 Exhibit Exhibit W - FRAI014097-98, #24 Exhibit Exhibit X - FRAI014000-01, #25 Exhibit Exhibit Y - FRAI014002-05, #26 Exhibit Exhibit Z - FRAI014037-38, #27 Exhibit Exhibit AA - FRAI010588, #28 Exhibit Exhibit BB - GF_0152634-41, #29 Exhibit Exhibit CC - GF-142999-3001, #30 Exhibit Exhibit DD - FRAI012495, #31 Exhibit Exhibit EE - FRAI011715-16, #32 Exhibit Exhibit FF - GF-143370, #33 Exhibit Exhibit GG - Affidavit of Coby DeVary dated 1-8-2013 (Depo Exhibit 145), #34 Exhibit Exhibit HH - GF-007175, #35 Exhibit Exhibit II - GF-137780, #36 Exhibit Exhibit JJ - GF-009831, #37 Exhibit Exhibit KK - FRAI024104, #38 Exhibit Exhibit LL - FRI010606-09, #39 Exhibit Exhibit MM - FRAI010620-22, #40 Exhibit Exhibit NN - Paramount 30(b)(6) Depo (FRAI) pages, #41 Exhibit Exhibit OO - GF-007178, #42 Exhibit Exhibit PP - FRAI036328-29, #43 Exhibit Exhibit QQ - FRAI011714, #44 Exhibit Exhibit RR - GF-009867, #45 Exhibit Exhibit SS - FRAI11639, #46 Exhibit Exhibit TT - FRAI012112, #47 Exhibit Exhibit UU - FRAI024104, #48 Exhibit Exhibit VV - GF-003713, #49 Exhibit Exhibit WW - FRAI052833, #50 Exhibit Exhibit XX - GF-000014-17, #51 Exhibit Exhibit YY - Second Supp Disclosures, #52 Exhibit Exhibit ZZ - Tom Klc Depo pages, #53 Exhibit Exhibit AAA - FRAI041933, #54 Exhibit Exhibit BBB - Keith Trawick Depo pages, #55 Exhibit Exhibit CCC - FRAI011524-27, #56 Exhibit Exhibit DDD - FRSI_00145744, #57 Supplement Index to Exhibits)(Mortensen, David) |
| Filing 113 MOTION for Partial Summary Judgment filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 112 NOTICE OF CONVENTIONAL FILING of Exhibits B, F and G filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services re #111 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support Re: Global's Breach of Contract (Attachments: #1 Affidavit In Support) (Andreason, Rod) |
| Filing 111 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support Re: Global's Breach of Contract filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B - Under Seal, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F - Under Seal, #8 Exhibit G - Under Seal, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Andreason, Rod) Modified on 8/31/2015 - removed termination date for motion(jwt). |
| Filing 110 NOTICE OF CONVENTIONAL FILING of Motion for Partial Summary Judgment Re: Global's Tortious Interference Claim for Lack of Causation filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Affidavit in Support of Filing Under Seal) (Andreason, Rod) |
| Filing 109 NOTICE OF CONVENTIONAL FILING of Defendants' Motion for Summary Judgment Dismissing Plaintff's Claims as Moot filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Affidavit in Support of Motoin for Partial Summary Judgment Based on Mootness of Plaintiff's Claims) (Andreason, Rod) |
| Filing 108 MOTION for Partial Summary Judgment and Memorandum in Support re Conversion Claim filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit Index, #2 Exhibit A - Declaration of Todd Rasmussen, #3 Exhibit B - Deposition of Trawick, #4 Exhibit C - Deposition of Schaller, #5 Exhibit D - Contracts, #6 Exhibit E - Sealed Depo of DeVary, #7 Exhibit F - September 11, 2012 email, #8 Exhibit October 3, 2012 Email, #9 Exhibit H - October 9, 2012 Email, #10 Exhibit I - Sealed - October 11, 2012 Email, #11 Exhibit K - Sealed - 30 B6 LA Depo, #12 Exhibit K - Schaller Report, #13 Exhibit L - Email Correspondence, #14 Exhibit M - Pratt Depositiion)(Andreason, Rod) Modified on 8/5/2014: motion relief and entry text corrected (alt) |
| Filing 107 NOTICE OF CONVENTIONAL FILING of Exhibit Index and Exhibits E, I and J to Defendants Motion for Summary Judgment on Conversion Claim filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Affidavit in Support of Motion for Partial Summary Judgment on Global's Conversion Claim) (Andreason, Rod) |
| Filing 106 MOTION for Partial Summary Judgment re Promissory Estoppel Claim and Memorandum in Support filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit Index, #2 Exhibit A - Contracts, #3 Exhibit B - Sealed DeVary 30(B)(6) Deposition, #4 Exhibit C - September 11, 2012 email, #5 Exhibit D - Sealed L.A. Deposition, #6 Exhibit E - Tarawick Deposition, #7 Exhibit F - Sealed APA Documents, #8 Exhibit G - Seale DeVary Deposition, #9 Exhibit H - Sealed Pulliam Deposition, #10 Exhibit I- September 3, 2012 email)(Andreason, Rod) Modified on 8/5/2014: corrected motion relief (alt) |
| Filing 105 NOTICE OF CONVENTIONAL FILING of Exhibit Index and Exhibits B, D, F,G and H to Defendants' Motion for Partial Summary Judgment on Promissory Estoppel Claim filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Affidavit In Support of Filing Under Seal) (Andreason, Rod) |
| Filing 104 NOTICE OF CONVENTIONAL FILING of Defendants' Motion for Partial Summary Judgment on Tortious Interference Claim filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services (Attachments: #1 Affidavit Affidavit in Support of Filing Under Seal) (Andreason, Rod) |
| Filing 103 Defendant's MEMORANDUM in Opposition re #99 MOTION for Resolution of Paramount's Damages and Privilege Issues filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Rupp, Joshua) |
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Filing 102
ORDER granting #100 Motion for Amended Scheduling Order: Motions due by 8/4/2014. Final Pretrial Conference set for 12/22/2014 03:00 PM in Rm 3.100 before Judge David Nuffer. 10-Day Jury Trial set for 1/12/2015 08:30 AM in Rm 3.100 before Judge David Nuffer. Signed by Magistrate Judge Evelyn J. Furse on 7/8/14 (alt)
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Filing 101
DOCKET TEXT ORDER denying #98 Motion for Scheduling Order. Five months must be allowed between the dispositive motion deadline and the trial date to allow the motions to be filed, briefed, set, argued and decided before trial preparation starts. Signed by Magistrate Judge Evelyn J. Furse on 7/8/2014. No attached document. (jds)
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| Filing 100 Defendant's MOTION to Amend/Correct and Memorandum in Support in the Alternative to Amend Scheduling Order filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit A - Proposed Amended Scheduling Order) Motions referred to Evelyn J. Furse.(Rupp, Joshua) Modified on 7/8/2014: updated motion relief (alt) |
| Filing 99 (expedited) MOTION for Resolution of Paramount's Damages and Privilege Issues and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - FRAI Privilege Log, #2 Exhibit B - Paramount 30(b)(6) deposition excerpts, #3 Exhibit C - Tom Klc deposition excerpts, #4 Exhibit D - Glen Bendixen deposition excerpts, #5 Exhibit E - Todd Rasmussen deposition excerpts) Motions referred to Evelyn J. Furse.(Mortensen, David) Modified on 7/10/2014: added 'expedited' to entry text per chambers/document does not refer to expediting (alt) |
| Filing 98 Stipulated MOTION to Expedite Motion to Amend Scheduling Order Without Changing Trial Date and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc.. (Attachments: #1 Text of Proposed Order Exhibit A - Amended Scheduling Order) Motions referred to Evelyn J. Furse.(Kaas, Adam) Modified by changing event type to Motion for Scheduling Order on 7/1/2014 (tls). |
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Filing 97
Revised Stipulated PROTECTIVE ORDER re Confidential Material. Signed by Judge David Nuffer on 6/16/14 (alt)
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| Filing 96 Motions No Longer Referred: #95 Stipulated MOTION for Protective Order and Memorandum in Support (jfk) |
| Filing 95 Stipulated MOTION for Protective Order and Memorandum in Support filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Text of Proposed Order Exhibit A - Revised Stipulated Protective Order) Motions referred to Evelyn J. Furse.(Kaas, Adam) |
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Filing 94
DOCKET TEXT ORDER finding as moot #47 Motion to Dismiss; finding as moot #66 Motion for Partial Summary Judgment; finding as moot #75 Motion to Continue. Signed by Judge David Nuffer on May 16, 2014. No attached document. (mh)
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Filing 93
ORDER Dismissing Federal Recovery Acceptance's Fraud and Negligent Misrepresentation Claims With Prejudice. Signed by Judge David Nuffer on 5/15/14 (alt)
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Filing 92
DOCKET TEXT ORDER finding as moot #51 Motion for Leave to File. Signed by Judge David Nuffer on 5/14/2014. No attached document. (asb)
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| Filing 91 STIPULATION of Dismissal, with Prejudice, of Federal Recovery Acceptance, Inc.'s Fraud and Negligent Misrepresentation Claims by Federal Recovery Acceptance, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Kaas, Adam) |
| Filing 90 ANSWER to #85 Counterclaim (Amended) filed by Global Fitness Holdings, LLC.(Mortensen, David) |
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Filing 89
ORDER granting in part and denying in part #74 Motion for in Camera Review and Resolution of Privilege Dispute. Signed by Magistrate Judge Evelyn J. Furse on 4/29/14 (alt)
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| Filing 88 CLERK'S NOTICE OF ERROR re #74 MOTION to Expedite MOTION for In Camera Review. Description of error: Filer selected "Expedite" and did not select "Miscellaneous Relief" (for "for Resolution of Privilege Dispute") or "Discovery", the actual reliefs the motion requests (motion does not request expediting). The entry has been adjusted by terminating the "Expedite" relief so that the ruling is entered only on the "for in Camera Review" relief. (alt) |
| Filing 87 CLERK'S NOTICE OF ERROR re #85 Counterclaim. Description of error: Page 15 of the document indicates that the counterclaim is only being filed by one of the dft parties (Federal Recovery Acceptance, Inc), not by both. Second dft party, Federal Recovery Services, will be removed from the entry and from the docket as a Counterclaimant and appear only as a Defendant as named in the #71 Amended Complaint. (alt) |
| Filing 86 Minute Entry for telephonic proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 4/23/2014 re #74 MOTION to Expedite MOTION for In Camera Review filed by Global Fitness Holdings, LLC. Counsel present via conference call. After hearing from counsel, the court takes under advisement #74 MOTION to Expedite MOTION for In Camera Review filed by Global Fitness Holdings, LLC. Written order to follow. Attorney for Plaintiff: David L. Mortensen, David A. Owen, Matthew A. Stinnett, Attorney for Defendant: Rod N. Andreason,.(Time Start: 11:03:00, Time End: 11:58:00, Room 8.3.) (lnp) |
| Filing 85 COUNTERCLAIM (Amended) against All Plaintiffs, filed by Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit Servicing Fitness Membership Contracts, #2 Exhibit 2009 Contract, #3 Exhibit Contracts between Paramount and Global dtd 01/10/11 and 07/07/11, #4 Exhibit Notice of Termination, #5 Exhibit Ltr from Trawick to Bendixen dtd 10/09/12, #6 Exhibit Email from D. Turner dtd 10/09/12) (Andreason, Rod) Modified on 4/23/2014: removed unnecessary text (alt) Modified on 4/23/2014: removed non-filer from entry (alt) |
| Filing 84 NOTICE OF ERROR re #83 Amended Answer to Complaint. The document is only filed as an Amended Answer. If the document is also an Amended Counterclaim, it needs to be re-filed using the "Counterclaim" Filing event. The clerk has removed the incorrectly added text "Counterclaim" from the entry and requests the filer of the original document refile the pleading again as a Counterclaim so that the Counter Defendant(s) may answer it. The new entry will receive a new document number on the docket. (alt) |
| Filing 83 AMENDED ANSWER to #71 Amended Complaint filed by Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit Servicing Fitness Membership Contracts, #2 Exhibit 2009 Contract, #3 Exhibit Contracts between Paramount and Global dtd 01/10/11 and 07/07/11, #4 Exhibit Notice of Termination, #5 Exhibit Ltr from Trawick to Bendixen dtd 10/09/12, #6 Exhibit Email from D. Turner dtd 10/09/12)(Andreason, Rod) Modified on 4/22/2014: removed unnecessary/incorrectly-added text (alt) |
| Filing 82 RE-FILED AS #83 AMENDED ANSWER - AMENDED ANSWER to Plaintiff's #71 Amended Complaint and Counterclaim filed by Federal Recovery Acceptance, Inc., Federal Recovery Services. (Andreason, Rod) Modified on 4/22/2014: added error text (alt) |
| Filing 81 MEMORANDUM in Opposition re #74 MOTION to Expedite MOTION for In Camera Review filed by Defendants Federal Recovery Acceptance, Inc., Federal Recovery Services. (Rupp, Joshua) |
| Filing 80 NOTICE OF TELEPHONIC HEARING ON MOTION re: #74 MOTION to Expedite MOTION for In Camera Review : (Notice generated by EJF Chambers) Motion Hearing set for 4/23/2014 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Briefing Due - 4/21/2014. Conference call information to be sent by email. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (lnp) |
| Modification of Docket re #74 MOTION to Expedite MOTION for In Camera Review. Error: Motion requesting 2 possible reliefs was filed with only one relief selected. Correction: Second relief, "Miscellaneous Relief" (for In Camera Review), has been added to the entry. (alt) |
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Filing 78
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motions referred to Evelyn J. Furse. So ordered by Judge David Nuffer on 4/15/14 (docket text only - no attached document) (alt)
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| Filing 77 Defendants' ANSWER to #71 Amended Complaint and Counterclaim filed by Federal Recovery Acceptance, Inc., Federal Recovery Services. (Attachments: #1 Exhibit Servicing Fitness Membership Contracts, #2 Exhibit 2009 Contract, #3 Exhibit Contracts between Paramount and Global, #4 Exhibit Notice of Termination, #5 Exhibit Letter dtd 10-09-12 from Trawick to Bendixen, #6 Exhibit Email dtd 10-09-12 from Darby Turner)(Andreason, Rod) |
| Filing 76 AFFIDAVIT of Adam M. Kaas re #75 Defendant's MOTION to Continue Consideration of Plaintiff's Motion for Partial Summary Judgment and Memorandum in Support filed by Federal Recovery Services. (Attachments: #1 Exhibit A - FRA's Second Set of Request for Production of Documents, #2 Exhibit B - GF REsponse to FRA's Second Set of Request for Production of Documents, #3 Exhibit C - 02/14/2014 - Letter from Kirton McConkie, #4 Exhibit D - 02/19/2014 - Letter from Bingham Greenbaum Doll, #5 Exhibit E - 02/28/2014 - Email Between Counsel, #6 Exhibit F - FRA's Fourth Set of Discovery Requests)(Kaas, Adam) |
| Filing 75 Defendant's MOTION to Continue Consideration of Plaintiff's Motion for Partial Summary Judgment and Memorandum in Support filed by Defendant Federal Recovery Services. (Kaas, Adam) |
| Filing 79 **SEALED DOCUMENT** SEALED EXHIBIT B to #74 MOTION to Expedite MOTION for In Camera Review filed by Plaintiff Global Fitness Holdings, LLC (alt) |
| Filing 74 MOTION to Expedite MOTION for In Camera Review and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A- March 2014 clawback requests, #2 Exhibit B- Filed Under Seal, #3 Exhibit C- 2014-03-17 LTR objecting to FRAI clawbacks, #4 Exhibit D- Bendixen Rough Draft, #5 Text of Proposed Order)(Mortensen, David). Added MOTION for Miscellaneous Relief (In Camera Review) on 4/16/2014 (alt) |
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Filing 73
ORDER granting #72 Motion to Amend Scheduling Order: Expert Discovery due by 6/12/2014. Signed by Magistrate Judge Evelyn J. Furse on 4/1/14 (alt)
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| Filing 72 Stipulated MOTION to Amend/Correct Scheduling Order Without Changing Trial Date filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order Amended Scheduling Order)(Mortensen, David) Modified on 4/2/2014: updated motion relief (alt) |
| Filing 71 AMENDED COMPLAINT against Federal Recovery Acceptance, Inc.. New Defendants: Federal Recovery Services, Inc.., filed by Global Fitness Holdings, LLC. (Mortensen, David) |
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Filing 70
DOCKET TEXT ORDER granting #65 Motion for Leave to File First Amended Complaint. Signed by Judge David Nuffer on March 18, 2014. No attached document. (mh)
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| Filing 69 RESPONSE to Motion re #65 MOTION for Leave to File First Amended Complaint and to Join a Party and Memorandum in Support filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 68 **SEALED DOCUMENT** SEALED EXHIBITS TO #66 MOTION for Partial Summary Judgment on Paramount's Fraud (Count IV) and Negligent Misrepresentation (Count V) Counterclaims filed by Plaintiff Global Fitness Holdings, LLC (Attachments: #1 Exhibit Index, #2 Exhibit B, #3 Exhibit C, #4 Exhibit F) (alt) |
| Filing 67 NOTICE OF CONVENTIONAL FILING of Exhibits B, C, and F filed by Plaintiff Global Fitness Holdings, LLC re #66 MOTION for Partial Summary Judgment and Memorandum in Support on Paramount's Fraud (Count IV) and Negligent Misrepresentation (Count V) Counterclaims (Mortensen, David) |
| Filing 66 MOTION for Partial Summary Judgment and Memorandum in Support on Paramount's Fraud (Count IV) and Negligent Misrepresentation (Count V) Counterclaims filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Emails between J. Darby and T. Klc (10/05/12), #2 Exhibit B - Asset Purchase Agreement (Filed Under Seal), #3 Exhibit C - Affidavit of C. DeVary (Filed Under Seal), #4 Exhibit D - Email from T. Klc to G. Bendixen (10/05/12), #5 Exhibit E - Email from T. Klc to D. Turner (10/09/12), #6 Exhibit F - Letter from D. Mortensen to R. Andreason (2/8/14) (Filed Under Seal))(Mortensen, David) |
| Filing 65 MOTION for Leave to File First Amended Complaint and to Join a Party and Memorandum in Support filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Appendix Exhibit List, #2 Exhibit A - First Amended Complaint, #3 Exhibit B - Service Retail Installment Agreement, #4 Exhibit C - Defendant's Initial Disclosurse, #5 Exhibit D - Defendant's Responses to Plaintiff's First Set of Discovery Requests, #6 Exhibit E - Letter from D. Mortensen to R. Andreason (12/02/13), #7 Exhibit F - Letter from A. Kaas to R. Andreason (12/06/13), #8 Exhibit G - Letter from M. Stinnett to A. Kaas (12/11/13), #9 Exhibit H - E-mail from A. Kaas to M. Stinnett (12/16/13))(Mortensen, David) |
| Modification of Docket re #56 Answer to Complaint. Error: Document is not an Answer to a Complaint. Correction: Entry has been marked out as filed in error. (alt) |
| Filing 64 NOTICE of Appearance by Joshua S. Rupp on behalf of Federal Recovery Acceptance, Inc. (Rupp, Joshua) |
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Filing 63
AMENDED SCHEDULING ORDER: Amended Pleadings due by 2/28/2014. Joinder of Parties due by 2/28/2014. Discovery due by 5/30/2014. Motions due by 7/3/2014. Final Pretrial Conference set for 11/24/2014 02:30 PM in Room 230 before Judge David Nuffer. 10 Day Jury Trial set for 12/8/2014 08:30 AM in Room 230 before Judge David Nuffer. Signed by Magistrate Judge Evelyn J. Furse on 1/16/2014. (jds)
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Filing 62
DOCKET TEXT ORDER - The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. Signed by Judge David Nuffer on 01/16/14. (rks)
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| Filing 61 WITHDRAWAL OF MOTION by Plaintiff Global Fitness Holdings, LLC re #24 MOTION for Partial Summary Judgment by Global Fitness Holdings, LLC filed by Global Fitness Holdings, LLC . (Mortensen, David) |
| Filing 60 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Proof of Service served on Jan Lapinid, Process Specialist of CT Corporation Services, Registered Agent for Fitness & Sports Clubs, LLC on 11/27/2013, filed by Defendant Federal Recovery Acceptance, Inc.. (Andreason, Rod) |
| Filing 59 Stipulated MOTION to Amend/Correct Scheduling Order filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Mortensen, David) |
| Filing 58 ANSWER to #57 Counterclaim , First Amended filed by Global Fitness Holdings, LLC.(Mortensen, David) |
| Filing 57 FIRST AMENDED COUNTERCLAIM against Global Fitness Holdings, LLC, filed by Federal Recovery Acceptance, Inc. (jlw) |
| Filing 56 ERROR: Document is not an Answer - ANSWER to #1 Complaint, with Jury Demand and First Amended Counterclaims filed by Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit A - Servicing Fitness Membership Contracts, #3 Exhibit B - Servicing Retail Installment Agreements, #4 Exhibit C - Servicing Retail Installment Agreements, #5 Exhibit D - 09/11/2012 Email, #6 Exhibit E - Ltr. From Global Fitness Holdings, LLC, #7 Exhibit F - 10/09/2013 Email)(Kaas, Adam) Modified on 2/24/2014: added error text (alt) |
| Filing 55 RESPONSE to Motion re #51 MOTION for Leave to File Amended Counterclaim Notice of Non-Opposition filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 54 REPLY to Response to Motion re #47 MOTION to Dismiss and Memorandum in Support Paramount's Fraud and Negligent Misrepresentation Counterclaims filed by Plaintiff Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 53 CERTIFICATE OF SERVICE by Federal Recovery Acceptance, Inc. for Responses to Global Fitness's First Set of Interrogatories and Requests for Production of Documents (Kaas, Adam) |
| Filing 52 MEMORANDUM in Opposition re #47 MOTION to Dismiss and Memorandum in Support Paramount's Fraud and Negligent Misrepresentation Counterclaims filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Kaas, Adam) |
| Filing 51 MOTION for Leave to File Amended Counterclaim filed by Defendant Federal Recovery Acceptance, Inc., Counter Claimant Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A - Federal Recovery Acceptance Inc's Amended Counterclaim)(Kaas, Adam) |
| Filing 50 NOTICE of Appearance by Adam M. Kaas on behalf of Federal Recovery Acceptance, Inc. (Kaas, Adam) |
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Filing 49
ORDER granting #48 Motion for Amended Scheduling Order: Amended Pleadings due by 12/3/2013; Joinder of Parties due by 12/3/2013; Expert Discovery due by 4/1/2014; Motions due by 5/1/2014. Signed by Magistrate Judge Evelyn J. Furse on 10/17/13 (alt)
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| Filing 48 Stipulated MOTION to Amend/Correct Scheduling Order Without Changing Trial Date filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order Proposed Amended Scheduling Order)(Mortensen, David) |
| Filing 47 MOTION to Dismiss and Memorandum in Support Paramount's Fraud and Negligent Misrepresentation Counterclaims filed by Counter Defendant Global Fitness Holdings, LLC. (Mortensen, David) |
| Filing 46 Federal Recovery Acceptance, Inc.'s ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Global Fitness Holdings, LLC filed by Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A Servicing Fitness Members Contracts, #2 Exhibit B 2009 Contract, #3 Exhibit C Paramount and Global Contracts, #4 Exhibit D Notice of Termination, #5 Exhibit E Letter dated October 9, 2012, #6 Exhibit F Email dated October 9, 2012)(Andreason, Rod) |
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Filing 45
SCHEDULING ORDER: Amended Pleadings due by 6/27/2013. Joinder of Parties due by 6/27/2013. Expert Discovery due by 2/28/2014. Motions due by 4/25/2014. Final Pretrial Conference set for 9/22/2014 02:30 PM in Room 230 before Judge David Nuffer. 10-Day Jury Trial set for 10/6/2014 08:30 AM in Room 230 before Judge David Nuffer. Signed by Magistrate Judge Evelyn J. Furse on 5/15/13 (alt)
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Filing 44
STIPULATED PROTECTIVE ORDER re Confidential Material. Signed by Judge David Nuffer on 5/15/13 (alt)
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| Filing 43 Stipulated MOTION for Protective Order filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Text of Proposed Order Proposed Stipulated Protective Order)(Mortensen, David) |
| Filing 42 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Mortensen, David) |
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Filing 41
DOCKET TEXT ORDER granting #38 Motion for Admission Pro Hac Vice of David A. Owen; granting #39 Motion for Admission Pro Hac Vice of Matthew A. Stinnett; granting #40 Motion for Admission Pro Hac Vice of Emma R. Vaughan-Cherubin: all for Global Fitness Holdings, LLC. 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 So ordered by Judge David Nuffer on 4/18/13 (docket text only - no attached document) (alt)
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| Filing 40 MOTION for Admission Pro Hac Vice of Emma R. Vaughan-Cherubin , Registration fee $ 15, receipt number 1088-1815167, filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order)(Mortensen, David) |
| Filing 39 MOTION for Admission Pro Hac Vice of Matthew A. Stinnett , Registration fee $ 15, receipt number 1088-1815153, filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order)(Mortensen, David) |
| Filing 38 MOTION for Admission Pro Hac Vice of David A. Owen , Registration fee $ 15, receipt number 1088-1815126, filed by Plaintiff Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order Proposed Order)(Mortensen, David) |
| Filing 37 NOTICE of Appearance by David L. Mortensen on behalf of Global Fitness Holdings, LLC (Mortensen, David) |
| Filing 36 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney David Andrew Owen, Emma R. Vaughan-Cherubin, Matthew A. Stinnett, for Plaintiff Global Fitness Holdings, LLC (asp) |
| Filing 35 Case transferred in from USDC of Kentucky Eastern; Case Number 5:12-cv-00314. Original file, certified copy of transfer order and docket sheet received. Assigned to Judge David Nuffer. |
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Filing 34
MEMORANDUM OPINION & ORDER: 1) Dft's #18 Motion to Dismiss is DENIED; 2) Dft's #18 alternative motion to transfer venue to the USDC for the District of Utah is GRANTED; 3) Clerk is DIRECTED to TRANSFER this action to the USDC for the District of Utah; and 4) Dft's #19 "Motion to Hold Initial Meeting and Report Deadlines in Abeyance" and Pla's #27 "Motion for a Hearing on Paramount's Motion to Hold Initial Meeting and Report Deadlines in Abeyance" are DENIED as moot. Signed by Judge Karen K. Caldwell on 3/20/2013. (KLB) cc: COR [Transferred from Kentucky Eastern on 3/21/2013.]
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #27 MOTION for Hearing re #19 MOTION Hold Deadlines in Abeyance Pending Ruling re #18 MOTION to Dismiss by Federal Recovery Acceptance, Inc. or alternatively to transfer venue (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 33 REPLY to Response to Motion re #27 MOTION for Hearing re #19 MOTION Hold Deadlines in Abeyance Pending Ruling re #18 MOTION to Dismiss by Federal Recovery Acceptance, Inc. or alternatively to transfer venue by Federal Recovery Acceptance, Inc. by Global filed by Global Fitness Holdings, LLC. (Owen, David) [Transferred from Kentucky Eastern on 3/21/2013.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #24 MOTION for Partial Summary Judgment by Global Fitness Holdings, LLC (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 32 REPLY to Response to Motion re #24 MOTION for Partial Summary Judgment by Global Fitness Holdings, LLC filed by Global Fitness Holdings, LLC. (Owen, David) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 31 RESPONSE to Motion re #27 MOTION for Hearing re #19 MOTION Hold Deadlines in Abeyance Pending Ruling re #18 MOTION to Dismiss by Federal Recovery Acceptance, Inc. or alternatively to transfer venue by Federal Recovery Acceptance, Inc. by Global filed by Federal Recovery Acceptance, Inc.. (Attachments: #1 Proposed Order)(Webster, Mickey) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 30 RESPONSE to #24 Global Fitness' Motion For Partial Summary Judgment filed by Federal Recovery Acceptance, Inc.. (Attachments: #1 Declaration of Glen Bendixen, #2 Proposed Order)(Webster, Mickey) [Transferred from Kentucky Eastern on 3/21/2013.] |
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Filing 29
AGREED ORDER: that Federal Recovery Acceptance has until 2/21/13 to file a response to Global's #24 MOTION for Partial Summary Judgment. Signed by Judge Karen K. Caldwell on 2/9/13.(KJR)cc: COR [Transferred from Kentucky Eastern on 3/21/2013.]
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| ***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #28 Proposed Agreed Order/Stipulation by Federal Recovery Acceptance, Inc., Global Fitness Holdings, LLC (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 28 Proposed Agreed Order/Stipulation by Federal Recovery Acceptance, Inc., Global Fitness Holdings, LLC. (Webster, Mickey) Modified on 2/11/2013 (STB). [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 27 MOTION for Hearing re #19 MOTION Hold Deadlines in Abeyance Pending Ruling re #18 MOTION to Dismiss by Federal Recovery Acceptance, Inc. or alternatively to transfer venue by Federal Recovery Acceptance, Inc. by Global Fitness Holdings, LLC (Attachments: #1 Proposed Order)(Owen, David) [Transferred from Kentucky Eastern on 3/21/2013.] |
| NOTICE OF DOCKET MODIFICATION TO Mickey Webster re #26 REPLY. Error: attachment was insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #18 MOTION to Dismiss by Federal Recovery Acceptance, Inc. or alternatively to transfer venue MOTION to Change Venue (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 26 REPLY to #18 Memorandum in Support of Motion to Dismiss for Improper Venue or Alternatively to Transfer Venue filed by Federal Recovery Acceptance, Inc.. (Attachments: #1 Exhibit A - Supplemental Declaration of Glen Bendixen)(Webster, Mickey) Modified on 1/28/2013 (STB). [Transferred from Kentucky Eastern on 3/21/2013.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #19 MOTION Hold Deadlines in Abeyance Pending Ruling re #18 MOTION to Dismiss by Federal Recovery Acceptance, Inc. or alternatively to transfer venue by Federal Recovery Acceptance, Inc. (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 25 REPLY to #19 In Support of Its Motion to Hold Initial Meeting and Report Deadlines in Abeyance filed by Federal Recovery Acceptance, Inc.. (Webster, Mickey) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 24 MOTION for Partial Summary Judgment by Global Fitness Holdings, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit A - DeVary Affidavit 10-10-12, #3 Exhibit B - Trawick Affidavit 10-10-12, #4 Exhibit C - Servicing Retail Installment Agreement, #5 Exhibit D - DeVary Affidavit 1-8-13, #6 Proposed Order)(Owen, David) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 23 RESPONSE in Opposition re #18 MOTION to Dismiss by Federal Recovery Acceptance, Inc. or alternatively to transfer venue MOTION to Change Venue filed by Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - DeVary Affidavit 10-10-2012, #2 Exhibit B - DeVary Affidavit 1-8-2013, #3 Exhibit C - Trawick Affidavit 10-10-2012, #4 Exhibit D - Servicing Retail Installment Agreement, #5 Proposed Order)(Owen, David) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 22 RESPONSE in Opposition re #19 MOTION Hold Deadlines in Abeyance Pending Ruling re #18 MOTION to Dismiss by Federal Recovery Acceptance, Inc. or alternatively to transfer venue by Federal Recovery Acceptance, Inc. filed by Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Proposed Status Report, #2 Exhibit B - December 12, 2012 Letter, #3 Exhibit C - December 14, 2012 Global Fitness E-mail, #4 Exhibit D - December 14, 2012 Paramount E-mail, #5 Proposed Order)(Owen, David) [Transferred from Kentucky Eastern on 3/21/2013.] |
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Filing 21
ORDER GRANTING ADMISSION PRO HAC VICE (re #20 Motion to Appear Pro Hac Vice): Rod N. Andreason is admitted pro hac vice for all purposes in this case. Signed by Judge Karen K. Caldwell on 12/21/2012. (SCD)cc: COR,Rod N. Andreason w/ copy of Mandatory ECF General Order & ECF Registration form Modified on 12/21/2012 (SCD). [Transferred from Kentucky Eastern on 3/21/2013.]
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| NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re #21 Order Granting Admission Pro Hac Vice; Error: Last name of attorney was incorrectly spelled; Entry by docket clerk; Correction: Clerk has corrected the entry to show the correct spelling; No action required by counsel. cc: COR (SCD) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 20 MOTION for Rod N. Andreason to Appear Pro Hac Vice by Federal Recovery Acceptance, Inc. ( Filing fee $95; receipt number 0643-2525652) (Attachments: #1 Affidavit Affidavit of Andreason in Support of Admission Pro Hac Vice, #2 Proposed Order)(Webster, Mickey) [Transferred from Kentucky Eastern on 3/21/2013.] |
| BAR STATUS Check completed as to Rod N. Andreason re #20 MOTION for Rod N. Andreason to Appear Pro Hac Vice by Federal Recovery Acceptance, Inc. ( Filing fee $95; receipt number 0643-2525652). (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #20 MOTION for Rod N. Andreason to Appear Pro Hac Vice by Federal Recovery Acceptance, Inc. ( Filing fee $95; receipt number 0643-2525652) (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| NOTICE OF DOCKET MODIFICATION TO Mickey Webster re #18 MOTION to Dismiss by Federal Recovery Acceptance, Inc. or alternatively to transfer venue. Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel. cc: COR (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 19 MOTION Hold Deadlines in Abeyance Pending Ruling re #18 MOTION to Dismiss by Federal Recovery Acceptance, Inc. or alternatively to transfer venue by Federal Recovery Acceptance, Inc. (Attachments: #1 Proposed Order)(Webster, Mickey) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 18 MOTION to Dismiss by Federal Recovery Acceptance, Inc. or alternatively to transfer venue (Attachments: #1 Memorandum in Support, #2 Affidavit of Thomas Klc, #3 Affidavit of Glen Bendixen, #4 Proposed Order dismissing without prejudice, #5 Proposed Order transferring venue)(Webster, Mickey). Added MOTION to Transfer Venue on 12/19/2012 (STB). [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 17 FRCP 7.1 DISCLOSURE STATEMENT by Federal Recovery Acceptance, Inc.. (Webster, Mickey) [Transferred from Kentucky Eastern on 3/21/2013.] |
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Filing 16
ORDER FOR MEETING AND REPORT: 1) W/in 21 days, parties shall meet. 2) W/in 10 days after the meeting parties shall file a joint status report. Signed by Judge Karen K. Caldwell on 11/28/2012.(SCD)cc: COR [Transferred from Kentucky Eastern on 3/21/2013.]
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| Filing 15 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Mickey Webster. #14 Answer to Complaint has been filed by Federal Recovery Acceptance, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| ***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #14 Answer to Complaint. (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 14 ANSWER to #1 Complaint, by Federal Recovery Acceptance, Inc..(Webster, Mickey) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 13 NOTICE of Service re #11 Preliminary Injunction by Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - Affidavit of Process Server)(Owen, David) Modified text on 10/12/2012. (AWD) [Transferred from Kentucky Eastern on 3/21/2013.] |
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Filing 12
JUDGMENT: Court ORDERS and ADJUDGES (1) Pending determination of this action until further order of Court, the Dft is preliminarily enjoined as set forth in #11 Preliminary Injunction; and (2) this Judgment is Final and Appealable. Signed by Judge Karen K. Caldwell on 10/11/2012.(DAK)cc: COR [Transferred from Kentucky Eastern on 3/21/2013.]
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| Filing 11 PRELIMINARY INJUNCTION: Plt's #5 Motion for Preliminary Injunction GRANTED. 1. Paramount must return Global Fitness' membership data which includes comprehensive customer account and transaction information, full unencrypted credit card, checking account or other customer financial information, and any and all other information within Paramount's control. 2. Paramount must return Global Fitness' Member Accounts Data by 11:59 p.m. EST on October 11, 2012. 3. Paramount shall export the Member Accounts Data to Global Fitness in the same format and structure as Paramount has previously delivered data to Global Fitness. 4. Paramount shall provide customer transition assistance for the purpose of clarifying and explaining the data contained in the export. Global Fitness not required to post security to support issuance of preliminary injunction. Court will serve Paramount by 1. email to Thomas Klc, 2. email to Sid Nelson, and 3. by postal mail to Paramount's Registered Agent. Signed by Judge Karen K. Caldwell on 10/11/2012. (STB)cc: COR, Thomas, Sid Nelson, Paramount [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 10 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE on Motion for Preliminary Injunction held on 10/11/2012 before Judge Karen K. Caldwell. Plaintiff present by counsel. Defendant did not appear. Court's rulings set forth by separate order. (Court Reporter Rhonda Sansom.) (STB)cc: COR [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 9 PROPOSED ORDER re #5 MOTION for Preliminary Injunction by Global Fitness Holdings, LLC. (Owen, David) Modified text on 10/12/2012. (AWD) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 8 NOTICE of Service re Court's #7 Order by Global Fitness Holdings, LLC. (Attachments: #1 Exhibit A - E-mail to Defendant's Counsel)(Owen, David) Modified text on 10/12/2012. (AWD) [Transferred from Kentucky Eastern on 3/21/2013.] |
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Filing 7
ORDER re #5 MOTION for Preliminary Injunction: TELEPHONIC CONFERENCE set for 10/11/2012 at 01:00 PM in LEXINGTON before Judge Karen K. Caldwell. Court ORDERS that Pla's counsel SHALL SERVE a copy of this Order on counsel for Dft. Signed by Judge Karen K. Caldwell on 10/10/2012. (KLB) cc: COR, D [Transferred from Kentucky Eastern on 3/21/2013.]
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #5 MOTION for Preliminary Injunction by Global Fitness Holdings, LLC , #6 EMERGENCY MOTION for Hearing re #5 MOTION for Preliminary Injunction by Global Fitness Holdings, LLC by Global Fitness Holdings, LLC Motion for an Expedited Hearing (STB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 6 EMERGENCY MOTION for Hearing re #5 MOTION for Preliminary Injunction by Global Fitness Holdings, LLC by Global Fitness Holdings, LLC Motion for an Expedited Hearing (Attachments: #1 Memorandum in Support, #2 Exhibit A - DeVary Affidavit, #3 Exhibit B - Servicing Retail Installment Agreement, #4 Exhibit C - Trawick Affidavit, #5 Proposed Order)(Owen, David) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 5 MOTION for Preliminary Injunction by Global Fitness Holdings, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit A - DeVary Affidavit, #3 Exhibit B - Trawick Affidavit, #4 Exhibit C - Servicing Retail Installment Agreement, #5 Proposed Order)(Owen, David) (Additional attachment(s) added on 10/12/2012: #6 Proposed Order) (AWD). [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 4 SUMMONS Returned Executed by Global Fitness Holdings, LLC via Registered Agent to Federal Recovery Acceptance, Inc. served on 10/10/2012, answer due 10/31/2012. (Owen, David) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 3 Summons Issued as to Federal Recovery Acceptance, Inc.; Summons issued and returned to counsel electronically (KLB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Global Fitness Holdings, LLC identifying Affiliates Pulliam Fitness Corporation and Laurel Crown Global Fitness Holdings, LLC.(KLB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Filing 1 COMPLAINT, filed by Global Fitness Holdings, LLC. ( Filing fee $350; receipt number 0643-2465785) (Attachments: #1 Exhibit A: Sample Member Agreement, #2 Exhibit B: Servicing Retail Installment Agreement, #3 Summons for Federal Recovery Acceptance, Inc. d/b/a Paramount Acceptance, #4 Civil Cover Sheet, #5 Case Assignment)(KLB) [Transferred from Kentucky Eastern on 3/21/2013.] |
| Conflict Check run. (KLB) [Transferred from Kentucky Eastern on 3/21/2013.] |
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