XPO Logistics v. Leeway Global Logistics LLC et al
| XPO Logistics |
| Leeway Global Logistics LLC, Leeway Global Logistics Inc, Adam Sudweeks, ASAP Energy, Casey McKell, Richard Wade and USA Trucking Assocation |
| Aaron Peterson |
| 2:2015cv00703 |
| September 29, 2015 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| Daphne A Oberg |
| Clark Waddoups |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Both |
Docket Report
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This docket was last retrieved on November 2, 2022. A more recent docket listing may be available from PACER.
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Filing 268
DOCKET TEXT ORDER granting #267 XPO Logistics, Inc.'s Renewed Motion for Leave to File Under Seal Exhibit 1 to XPO Logistics, Inc.'s Objection to Plaintiff's Supplement. No opposition to the motion to seal was filed. In light of the lack of opposition, and for good cause, the motion to seal is granted. The unredacted version of Exhibit 1 (Doc. No. 262) shall remain sealed. Signed by Magistrate Judge Daphne A. Oberg on 11/2/2022. No attached document. (med)
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Filing 267
MOTION for Leave to File Sealed Document re #259 Notice (Other), #260 Objections , MOTION to Seal Document and Memorandum in Support filed by Plaintiff XPO Logistics. Motions referred to Daphne A. Oberg.(Rollins, Thomas)
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Filing 266
DOCKET TEXT ORDER to unseal the attachment to Mr. Peterson's Supplement to Cross-Motion for Summary Judgment, (Doc. No. 259-1). XPO Logistics argued in its #260 Objection to Mr. Peterson's Supplement that the client list in the attachment should be designated as "confidential," but it did not file a separate motion to seal this document. Moreover, the same list appears in other documents filed publicly on the record. (See Doc. Nos. 111-7 & 111-8.) Because no party has moved to seal this document, Doc. No. 259-1 shall be unsealed. Signed by Magistrate Judge Daphne A. Oberg on 10/12/2022. No attached document. (med)
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Filing 265
DOCKET TEXT ORDER denying without prejudice #261 XPO Logistics' Motion for Leave to File Sealed Document. XPO Logistics seeks to seal Exhibit 1 to its #260 Objection to Mr. Peterson's Supplement to Cross-Motion for Summary Judgment. But XPO Logistics does not offer any argument for why this document should be sealed. See DUCivR 5-3(a)(1) (providing court records "are presumptively open to the public" and documents may be sealed only "[o]n motion of a party and a showing of good cause"). If XPO Logistics seeks to maintain this document under seal, it must file a new motion within seven days stating good cause for sealing the document. If no new motion is filed within this time, the unredacted version of Exhibit 1 (Doc. No. 262) may be unsealed without further notice. Signed by Magistrate Judge Daphne A. Oberg on 10/12/2022. No attached document. (med)
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Filing 264
Minute Entry for proceedings held before Judge Clark Waddoups: Counsel present for parties. Argument heard on the pending motions for summary judgment. Court took the matters as submitted and will issue a written ruling.Court adjourned.Motion Hearing held on 8/30/2022 re #248 MOTION for Summary Judgment and Memorandum in Support filed by XPO Logistics, #250 MOTION for Summary Judgment and Memorandum in Support filed by Aaron Peterson. Attorney for Plaintiff: Chase Olsen, Attorney for Defendant: Thomas Rollins. Court Reporter: Laura Robinson.(Time Start: 10:10, Time End: 11:45, Room 7.200.)(asb)
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Filing 263
REPLY BRIEF re #260 Objections filed by Defendant Aaron Peterson. (Sumsion, Steven)
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Filing 262
**SEALED DOCUMENT** re #261 MOTION for Leave to File Sealed Document Exhibit 1 to XPO's Objection 260-1, #260 Objections filed by Plaintiff XPO LogisticsNOTE: Filer is instructed to serve the sealed document on all other parties.. (Rollins, Thomas)
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Filing 261
MOTION for Leave to File Sealed Document Exhibit 1 to XPO's Objection 260-1 filed by Plaintiff XPO Logistics. Motions referred to Daphne A. Oberg.(Rollins, Thomas)
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Filing 260
Redacted OBJECTIONS to #259 Notice (Other), Exhibit 1 Redacted filed by XPO Logistics. (Attachments: #1 Exhibit 1 - LEE001997)(Rollins, Thomas)
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Filing 259
NOTICE of Supplement to Peterson's Cross-Motion for Summary Judgment by Aaron Peterson re #250 MOTION for Summary Judgment and Memorandum in Support (Attachments: #1 Supplement Docket no. 111-8, Uncensored email between XPO and LeeWay) (Sumsion, Steven)
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Filing 258
NOTICE of Supplement to XPO Logistics, Inc.'s Motion for Summary Judgment by XPO Logistics re #248 MOTION for Summary Judgment and Memorandum in Support (Attachments: #1 Supplement Memorandum Decision and Order Dkt. 34) (Rollins, Thomas)
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Filing 257
NOTICE of Utah ADR Disposition by Aaron Peterson (Sumsion, Steven)
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Filing 256
NOTICE OF HEARING ON MOTION re: #248 MOTION for Summary Judgment, #250 Cross MOTION for Summary Judgment : Motion Hearing set for Tuesday, 8/30/2022 at 10:00 AM in Rm 7.200 before Judge Clark Waddoups. (asb)
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Filing 255
REQUEST to Submit for Decision re #252 Memorandum in Opposition to Motion,,, #249 Memorandum in Opposition to Motion,, #253 Reply Memorandum/Reply to Response to Motion, #251 Reply Memorandum/Reply to Response to Motion, #254 Notice (Other), #248 MOTION for Summary Judgment and Memorandum in Support, #250 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff XPO Logistics. (Rollins, Thomas)
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Filing 254
NOTICE of Incorporation of Arguments by XPO Logistics re #252 Memorandum in Opposition to Motion,,, #248 MOTION for Summary Judgment and Memorandum in Support (Rollins, Thomas)
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Filing 253
REPLY to Response to Motion re #250 MOTION for Summary Judgment and Memorandum in Support filed by Consol Plaintiff Aaron Peterson. (Attachments: #1 Exhibit A - Sims Expert Report)(Sumsion, Steven)
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Filing 252
MEMORANDUM in Opposition re #250 MOTION for Summary Judgment and Memorandum in Support filed by Consol Defendant XPO Logistics. (Attachments: #1 Exhibit A Def's Answers to Pl's First Set of Discovery Requests, #2 Exhibit B Subject Email, #3 Exhibit C Expert Report of Andrew Reisman, #4 Exhibit D Def's Answers to Pl's Second and Third Set of Discovery Requests, #5 Exhibit E Google Subpoena Response, #6 Exhibit F Depo of Tim Thomas, #7 Exhibit G Depo of Gilbert Padilla, #8 Exhibit H Pl. XPO's Answers to Def. Peterson's 1st Set of Interrogatories (first case), #9 Exhibit I Andrew Reisman Declaration, #10 Exhibit J Peterson, Aaron Depo, #11 Exhibit K Depo of Stanley Whitfield Lee, #12 Exhibit L XPO's Response to LeeWay's 1st Set of Requests for Production, #13 Exhibit M Rule 408 Email)(Rollins, Thomas)
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Filing 251
REPLY to Response to Motion re #248 MOTION for Summary Judgment and Memorandum in Support filed by Consol Defendant XPO Logistics. (Originally filed on 4/26/22 in case 2:17cv307 as document number 76). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(jrj)
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Filing 250
Cross- MOTION for Summary Judgment and Memorandum in Support filed by Consol Plaintiff Aaron Peterson. (Originally filed on 4/16/22 in case 2:17cv307 as document number 74). (jrj)
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Filing 249
MEMORANDUM in Opposition re #248 MOTION for Summary Judgment and Memorandum in Support filed by Consol Plaintiff Aaron Peterson.(Originally filed on 4/14/22 in case 2:17cv307 as document number 73). (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18)(jrj)
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Filing 248
MOTION for Summary Judgment and Memorandum in Support filed by Consol Defendant XPO Logistics.(Originally filed on 3/17/22 in case 2:17cv307 as document number 69) (Attachments: #1 Appendix, #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, #16 Exhibit O, #17 Exhibit P)(jrj)
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Filing 247
MEMORANDUM DECISION AND ORDER ON MOTION TO CONSOLIDATE -ORDER granting #239 Motion to Consolidate Cases. The present case will be consolidated with Peterson v. XPO Logistics, Case No. 2:17-cv-00307-JNP-JCB, current assigned to District Judge Jill N. Parrish. See Order for details. Signed by Judge Clark Waddoups on 5/6/22. (jrj)
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Filing 246
NOTICE VACATING STATUS & SCHEDULING CONFERENCE HEARING set for 4/6/2022 at 2:45 p.m. before Judge Clark Waddoups. Hearing will be rescheduled upon entry of ruling(s) on pending motion(s). (asb)
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Filing 245
REQUEST to Submit for Decision re #239 MOTION to Consolidate Cases and Memorandum in Support oral argument requested filed by Plaintiff XPO Logistics. (Rollins, Thomas)
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Filing 244
Plaintiff's REPLY to Response to Motion re #239 MOTION to Consolidate Cases and Memorandum in Support filed by Plaintiff XPO Logistics. (Rollins, Thomas)
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Filing 243
Defendant's MEMORANDUM in Opposition re #239 MOTION to Consolidate Cases and Memorandum in Support filed by Defendant Aaron Peterson. (Attachments: #1 Exhibit Exhibit A to Opp to Motion to Consolidate)(Sumsion, Steven)
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Filing 242
NOTICE of LIMITED APPEARANCE by Steven R. Sumsion on behalf of Aaron Peterson for purpose of Filing of Defendant Aaron Peterson's Opposition to XPO Logistics INC.'S Motion to Consolidate (Sumsion, Steven)
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Filing 241
APPENDIX to #239 MOTION to Consolidate Cases and Memorandum in Support filed by Plaintiff XPO Logistics of Exhibits. (Attachments: #1 Exhibit 1 Subject Email, #2 Exhibit 2 Responses to Written Discovery, #3 Exhibit 3 Tenth Circuit Court Order and Judgment, #4 Exhibit 4 Declaration of Andrew Reisman)(Rollins, Thomas)
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Filing 240
Motions No Longer Referred: #239 MOTION to Consolidate Cases and Memorandum in Support. The district judge will address the motion. (med)
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Filing 239
MOTION to Consolidate Cases and Memorandum in Support filed by Plaintiff XPO Logistics. Motions referred to Daphne A. Oberg.(Rollins, Thomas)
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Deadlines/Hearings terminated. Status/scheduling conference rescheduled to commence April 6, 2022 at 2:45 p.m. (asb)
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Filing 238
NOTICE of Appearance by Aaron Peterson. (Attachments: #1 Envelope) (jrj)
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Filing 237
NOTICE of Change of Address by Thomas J. Rollins (Rollins, Thomas)
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Filing 236
ORDER granting #232 Motion to Withdraw as Counsel. Attorney Andrew G. Deiss withdrawn from case for Dft Aaron Peterson. With regard to scheduling, the Court ORDERS as follows: The action shall be stayed until twenty-one (21) days after entry of this order. See Order for details. Signed by Magistrate Judge Daphne A. Oberg on 9/17/21. (jrj)
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Filing 235
REQUEST to Submit for Decision re #232 MOTION to Withdraw as Counsel filed by Defendant Aaron Peterson. (Deiss, Andrew)
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Filing 234
AMENDED SCHEDULING ORDER granting #233 Motion for Amended Scheduling Order Expert Discovery due by 2/28/2022. Motions due by 3/30/2022. Scheduling Conference set for 4/6/2022 at 02:45 PM in Rm 7.200 before Judge Clark Waddoups. See Order for additional details. Signed by Magistrate Judge Daphne A. Oberg on 9/1/21. (jrj)
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Filing 233
MOTION for Amended Scheduling Order (Stipulated) filed by Plaintiff XPO Logistics. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Rollins, Thomas)
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Filing 232
MOTION to Withdraw as Counsel filed by Defendant Aaron Peterson. (Attachments: #1 Exhibit Client Consent to Withdrawal, #2 Text of Proposed Order Granting Motion for Withdrawal of Counsel) Motions referred to Daphne A. Oberg.(Deiss, Andrew)
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Set/Reset Hearings: Status & Scheduling Conference reset for 12/8/2021 at 02:45 PM by Zoom video conference before Judge Clark Waddoups (see order #230 ). (asb)
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Filing 231
NOTICE OF WITHDRAWAL OF COUNSEL of Robert H. Smeltzer filed by Vincent J. Velardo on behalf of XPO Logistics(a Delaware corporation) (Velardo, Vincent)
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Filing 230
AMENDED SCHEDULING ORDER granting #229 Motion for Amended Scheduling Order. Amended Pleadings due by 5/7/2021. Joinder of Parties due by 5/7/2021. Expert Discovery due by 11/2/2021. Motions due by 12/2/2021. Scheduling Conference set for 12/8/2021 at 02:45 PM in Rm 7.200 before Judge Clark Waddoups. See Order for details. Signed by Magistrate Judge Daphne A. Oberg on 3/22/21. (jrj)
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Filing 229
Stipulated MOTION for Amended Scheduling Order filed by Defendant Aaron Peterson. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Deiss, Andrew)
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Filing 228
NOTICE OF WITHDRAWAL OF COUNSEL of Jennifer M. Brennan filed by Thomas J. Rollins on behalf of XPO Logistics(a Delaware corporation) (Rollins, Thomas)
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Filing 227
NOTICE OF WITHDRAWAL OF COUNSEL of Brent Orozco filed by Andrew G. Deiss on behalf of Aaron Peterson (Deiss, Andrew)
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Filing 226
SCHEDULING ORDER: Amended Pleadings due by 10/1/2020. Joinder of Parties due by 10/1/2020. Discovery due by 7/2/2021. Motions due by 8/2/2021. Status Conference set for 8/11/2021 at 02:45 PM in Rm 7.200 before Judge Clark Waddoups. Signed by Magistrate Judge Daphne A. Oberg on 8/3/2020. (lnp)
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Filing 225
ORDER granting #224 Motion to Withdraw as Counsel. Attorney Luke M. Salyer withdrawn from case for Defendant Aaron Peterson. Signed by Magistrate Judge Daphne A. Oberg on 8/3/2020. (lnp)
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Filing 224
MOTION to Withdraw as Counsel for Luke Salyer filed by Defendant Aaron Peterson. (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw as Counsel) Motions referred to Daphne A. Oberg.(Deiss, Andrew)
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Filing 223
REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Scheduling Order)(Deiss, Andrew)
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Filing 222
ORDER granting #221 Stipulated Motion to Dismiss Counterclaims Without Prejudice. Signed by Judge Clark Waddoups on 7/28/2020. (lnp)
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Filing 221
Stipulated MOTION to Dismiss counterclaims without prejudice filed by Counter Claimant Aaron Peterson. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Dismiss Without Prejudice)(Deiss, Andrew)
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Filing 220
DOCKET TEXT ORDER: On July 23, 2020, the parties filed a document entitled #219 Joint and Stipulated Scheduling Order, which states that the parties "submit this joint and stipulated scheduling order." The parties cannot stipulate to a scheduling order without court approval. The parties are ORDERED by August 3, 2020 to comply with the court's civil scheduling instructions available at https://www.utd.uscourts.gov/civil-case-scheduling and, using the standard court forms, file an Attorney Planning Meeting Report and submit a Proposed Scheduling Order in word processing format to utdecf_oberg@utd.uscourts.gov. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 7/27/2020. (med)
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Filing 219
REPORT OF ATTORNEY PLANNING MEETING. (Deiss, Andrew)
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Filing 218
STATUS REPORT (Joint) by Aaron Peterson. (Deiss, Andrew)
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Filing 217
ORDER granting #214 Motion to Withdraw as Counsel. Attorney Christopher M. Von Maack withdrawn from case for USA Trucking Association, LLC dba Leeway Global Logistics LLC and Leeway Global Logistics Inc. Signed by Magistrate Judge Daphne A. Oberg on 7/13/2020. (lnp)
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Filing 216
ORDER granting #215 Motion to Withdraw as Counsel. Attorney Brian E. Lahti withdrawn from case for USA Trucking Association, LLC dba Leeway Global Logistics LLC and Leeway Global Logistics Inc. Signed by Magistrate Judge Daphne A. Oberg on 7/13/2020. (lnp)
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Filing 215
MOTION to Withdraw as Counsel for Brian E. Lahti filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC, USA Trucking Assocation. (Attachments: #1 Text of Proposed Order Order (Proposed) Granting Motion to Withdraw as Counsel) Motions referred to Daphne A. Oberg. Attorney Brian E. Lahti added to party USA Trucking Assocation(pty:dft)(Lahti, Brian)
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Filing 214
MOTION to Withdraw as Counsel for Christopher M. Von Maack filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC, USA Trucking Assocation. (Attachments: #1 Text of Proposed Order Order (Proposed) Granting Motion to Withdraw as Counsel) Motions referred to Daphne A. Oberg.(Von Maack, Christopher)
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Filing 213
ORDER TO SUBMIT STATUS REPORT. Signed by Magistrate Judge Daphne A. Oberg on 7/9/2020. (lnp)
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Filing 212
NOTICE AFFIRMING PRIOR ORDER OF REFERENCE. Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A). (lnp)
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Filing 211
ORDER OF RECUSAL Magistrate Judge Jared C. Bennett recused. Case reassigned to Magistrate Judge Daphne A. Oberg for all further proceedings. Signed by Magistrate Judge Jared C. Bennett on 6/11/2020. (lnp)
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Filing 210
REASSIGNMENT to Newly Appointed Magistrate Judge. Case Reassigned to Magistrate Judge Jared C. Bennett. Magistrate Judge Paul M. Warner no longer assigned to the case. Case number will now read 2:15-cv-00703-CW-JCB. Please make changes to document captions accordingly. (lnp)
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Filing 209
ORDER granting #208 Stipulated Motion to Dismiss with Prejudice. See order for details. Signed by Judge Clark Waddoups on 5/21/2020. (lnp)
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Filing 208
Stipulated MOTION to Dismiss with Prejudice filed by Defendants ASAP Energy, Leeway Global Logistics Inc, Leeway Global Logistics LLC, Aaron Peterson, Adam Sudweeks. (Attachments: #1 Text of Proposed Order (Proposed) Order Granting Stipulated Motion for Dismissal with Prejudice)(Von Maack, Christopher)
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Filing 207
ORDER granting #206 Motion for Extension of Time to File Response/Reply re #203 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support. Responses due by 6/8/2020. Signed by Judge Clark Waddoups on 5/12/2020. (lnp)
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Filing 206
Second MOTION for Extension of Time to File Response to #203 P's 12(b)(6) MTD Defendants Counterclaim filed by Defendants ASAP Energy, Leeway Global Logistics Inc, Leeway Global Logistics LLC, Aaron Peterson, Adam Sudweeks. (Attachments: #1 Text of Proposed Order Second (Proposed) ORDER Granting Stipulated Time to Respond) Motions referred to Paul M. Warner. Attorney Christopher M. Von Maack added to party ASAP Energy(pty:dft), Attorney Christopher M. Von Maack added to party Aaron Peterson(pty:dft), Attorney Christopher M. Von Maack added to party Adam Sudweeks(pty:dft)(Von Maack, Christopher) Modified on 5/12/2020 by changing the event and linking the event to the correct motion(lnp).
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Filing 205
ORDER granting Stipulated #204 Motion for Extension of Time Time to File Response to Plaintiffs 12(b)(6) Motion to Dismiss Defendants Leeway Global Logistics, LLC and Leeway Global Logistics, Inc.s Counterclaim. The deadline for LeeWay Global Logistics, LLC and Leeway Global Logistics, Inc. to file their opposition to Plaintiff's 12(b)(6) Motion to Dismiss Defendants Leeway Global Logistics, LLC and Leeway Global Logistics, Inc.'s Counterclaim is extended through and including May 11, 2020. Signed by Magistrate Judge Paul M. Warner on 4/8/20. (jrj)
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Filing 204
Stipulated MOTION for Extension of Time to File Response to Plaintiff's 12(b)(6) Motion to Dismiss filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Von Maack, Christopher)
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Filing 203
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Counter Defendant XPO Logistics. (Smeltzer, Robert)
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Filing 202
ORDER granting #196 Motion for Leave to File a Responsive Pleading toLeeways Counterclaims and Vacate any Technical Defaults. Plaintiff is ORDERED to file a responsive pleading to Leeways Counterclaim within THREE(3) DAYS of the date of entry of this Order. See Order for further details. Signed by Judge Clark Waddoups on 3/9/20. (jrj)
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Filing 201
REPLY to Response to Motion re #196 MOTION for Leave to File a Responsive Pleading filed by Counter Defendant XPO Logistics. (Smeltzer, Robert)
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Filing 200
Motion No Longer Referred to Chief Magistrate Judge Paul M. Warner: #196 MOTION for Leave to File a Responsive Pleading. The Motion will be handled by District Judge Clark Waddoups. (lrh)
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Filing 199
Defendant's MEMORANDUM in Opposition re #196 MOTION for Extension of Time to File Response/Reply as to #191 Answer to Amended Complaint,, Counterclaim, and Memorandum in Support filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC, USA Trucking Assocation. (Von Maack, Christopher)
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Filing 198
ORDER DISMISSING DEFENDANTS CASEY MCKELL AND RICHARD WADE -the court ORDERS that Defendants Casey McKell and Richard Wade be DISMISSED FROM THIS ACTION WITHOUT PREJUDICE. Casey McKell and Richard Wade terminated. See Order for details. Signed by Judge Clark Waddoups on 1/30/20. (jmr)
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Filing 197
RESPONSE TO ORDER TO SHOW CAUSE filed by XPO Logistics. (Smeltzer, Robert)
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Case no longer referred to Magistrate Judge Cecilia M. Romero for settlement. (cvm)
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Filing 196
MOTION for Extension of TimeLeave to File Response/Reply as to #191 Answer to Amended Complaint, Counterclaim, and Memorandum in Support filed by Counter Defendant XPO Logistics. (Attachments: #1 Exhibit) Motions referred to Paul M. Warner.(Smeltzer, Robert) Modified on 2/10/2020 - corrected motion type to Motion for Leave to File(jwt).
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Filing 195
ORDER TO SHOW CAUSE - Plaintiffs are directed to respond in writing within seven (7) days from the date of this order and inform the Court why Defendants Casey McKell and Richard Wade should not be dismissed from this action pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Clark Waddoups on 1/21/2020. (cdp)
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Filing 194
ANSWER to #193 Counterclaim filed by XPO Logistics(a Delaware corporation). (Attachments: #1 Exhibit 1)(Smeltzer, Robert)
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Filing 193
Amended ANSWER to Complaint with Jury Demand , COUNTERCLAIM against XPO Logistics filed by Aaron Peterson.(Deiss, Andrew)
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Filing 192
Aaron Peterson's ANSWER to Complaint Answer to First Amended Complaint filed by Aaron Peterson.(Deiss, Andrew)
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Filing 191
ANSWER to #172 Amended Complaint, with Jury Demand , COUNTERCLAIM against XPO Logistics(a Delaware corporation) filed by Leeway Global Logistics LLC, Leeway Global Logistics Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Von Maack, Christopher)
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Filing 190
ORDER granting in part #178 Motion to Dismiss and those allegations against Defendant that rely on allegations that the Individual Defendants misappropriated trade secrets are HEREBY DISMISSED. See Order for further details. Signed by Judge Clark Waddoups on 10/23/19. (jmr)
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Filing 189
ORDER DENYING PLAINTIFFS MOTION TO RECONSIDER AND GRANTING DEFENDANTS MOTIONTO DISMISS PLAINTIFFS MISAPPROPRIATION CLAIMS- Motions terminated: #173 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support of Leeway's Motion to Dismiss XPO's Misappropriation of Trade Secrets Claim and Motion for Order to Show Cause Why XPO Should Not Be Held in Contempt filed by USA Trucking Assocation, Leeway Global Logistics LLC, Leeway Global Logistics Inc, #174 MOTION to Alter Judgment and Memorandum in Support filed by XPO Logistics. See Order for details. Signed by Judge Clark Waddoups on 10/23/19. (jmr)
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Filing 188
REPLY to Response to Motion re #173 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support of Leeway's Motion to Dismiss XPO's Misappropriation of Trade Secrets Claim and Motion for Order to Show Cause Why XPO Should Not Be Held in Contempt filed by Defendant Aaron Peterson. (Deiss, Andrew)
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Filing 187
REPLY to Response to Motion re #178 MOTION to Dismiss Claims Preempted by the Utah Uniform Trade Secrets Act filed by Defendant Leeway Global Logistics Inc. (Von Maack, Christopher)
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Filing 186
Plaintiff's RESPONSE to Motion re #180 Joint MOTION to Dismiss and Memorandum in Support Joinder to Leeway's Motion #173 filed by Plaintiff XPO Logistics. (Smeltzer, Robert)
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Filing 185
Plaintiff's MEMORANDUM in Opposition re #178 MOTION to Dismiss filed by Plaintiff XPO Logistics. (Smeltzer, Robert)
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Filing 184
ORDER granting #183 Motion for Extension of Time to File Response/Reply re #183 Consent MOTION for Extension of Time to File Response/Reply as to #178 MOTION to Dismiss and Memorandum in Support . Responses due by 9/9/2019. Signed by Judge Clark Waddoups on 8/30/19. (jmr)
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Filing 183
Consent MOTION for Extension of Time to File Response/Reply as to #178 MOTION to Dismiss and Memorandum in Support filed by Plaintiff XPO Logistics. (Attachments: #1 Exhibit A) Motions referred to Paul M. Warner.(Smeltzer, Robert)
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Filing 182
REPLY to Response to Motion re #173 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support of Leeway's Motion to Dismiss XPO's Misappropriation of Trade Secrets Claim and Motion for Order to Show Cause Why XPO Should Not Be Held in Contempt filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 181
REPLY to Response to Motion re #174 MOTION to Alter Judgment and Memorandum in Support filed by Plaintiff XPO Logistics. (Smeltzer, Robert)
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Filing 180
Joint MOTION to Dismiss and Memorandum in Support Joinder to Leeway's Motion #173 filed by Defendant Aaron Peterson. (Deiss, Andrew)
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Filing 179
Plaintiff's MEMORANDUM in Opposition re #173 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support of Leeway's Motion to Dismiss XPO's Misappropriation of Trade Secrets Claim and Motion for Order to Show Cause Why XPO Should Not Be Held in Contempt filed by Plaintiff XPO Logistics. (Smeltzer, Robert)
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Filing 178
MOTION to Dismiss filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 177
NOTICE of Appearance by Luke M. Salyer on behalf of Aaron Peterson (Salyer, Luke)
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Filing 176
MEMORANDUM in Opposition re #174 MOTION to Alter Judgment and Memorandum in Support filed by Defendant Aaron Peterson. (Deiss, Andrew)
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Filing 175
MEMORANDUM in Opposition re #174 MOTION to Alter Judgment and Memorandum in Support filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 174
MOTION to Alter Judgment and Memorandum in Support filed by Plaintiff XPO Logistics. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Smeltzer, Robert)
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Filing 173
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support of Leeway's Motion to Dismiss XPO's Misappropriation of Trade Secrets Claim and Motion for Order to Show Cause Why XPO Should Not Be Held in Contempt filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC, USA Trucking Assocation. Attorney Christopher M. Von Maack added to party USA Trucking Assocation(pty:dft)(Von Maack, Christopher)
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Filing 172
AMENDED COMPLAINT against Leeway Global Logistics Inc with Jury Demand. New Defendants: Casey McKell, Richard Wade, USA Trucking Association, LLC dba Leeway Global Logistics. Removed Defendants: Adam Sudweeks, ASAP Energy, Leeway Global Logistics, LLC. filed by XPO Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Smeltzer, Robert)
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Filing 171
ORDER granting #170 Motion for Extension of Time. Plaintiff shallhave up to and including June 27, 2019 to file an Amended Complaint in this action. Signed by Judge Clark Waddoups on 6/21/19. (jmr)
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Filing 170
MOTION for Extension of Time Filing Amended Complaint filed by Plaintiff XPO Logistics. Motions referred to Paul M. Warner.(Smeltzer, Robert)
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Filing 169
ORDER - it is HEREBY ORDERED that Plaintiff is BARRED from using any of the alleged trade secrets referenced in its Disclosure at trial or as a basis for discovery in this action. The court further rules that Plaintiff's Amended Complaint (as permitted by the courts June 6, 2019 ruling) maynot include allegations concerning the alleged misappropriation of any of these seven alleged trade secrets referenced in the Disclosure. See Order for details. Signed by Judge Clark Waddoups on 6/20/19. (jmr)
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Filing 168
REASSIGNMENT to Newly Appointed Magistrate Judge. Case Reassigned to Magistrate Judge Cecilia M. Romero for Settlement. Magistrate Judge Brooke C. Wells no longer assigned to the case. Please make changes to document captions accordingly. (jwt)
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Filing 167
DOCKET TEXT ORDER granting #152 Motion to Amend/Correct as stated at the hearing on this matter. Signed by Judge Clark Waddoups on 6/6/2019. No attached document. (tcs)
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Filing 166
Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 6/6/2019 re #24 MOTION to Dismiss and Memorandum in Support Plaintiff's Count III filed by Leeway Global Logistics LLC, #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Aaron Peterson, #152 Second MOTION to Amend/Correct and Memorandum in Support filed by XPO Logistics, #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by ASAP Energy. Discussion and argument heard on the motions. The court GRANTED #152 the motion to amend the complaint and required plaintiff to update the currently proposed complaint and file by 6/21/2019. The court will take the objections under submission and will issue a written ruling. The court will terminate all other pending motions in light of granting the motion to amend. Attorney for Plaintiff: Robert Smeltzer, Vincent Velardo, Attorney for Defendant: Christopher Von Maack, Andrew Deiss. Court Reporter: Laura Robinson.(tcs)
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Filing 165
AMENDED NOTICE OF HEARING ON MOTION re: #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support, #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support, #152 Second MOTION to Amend/Correct and Memorandum in Support, #24 MOTION to Dismiss and Memorandum in Support Plaintiff's Count III, #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support, #139 Aaron Petersons Objection to XPOs Disclosure of the Alleged Trade Secrets forWhich It Is Claiming Misappropriation, #140 LeeWays Objection to XPOs Disclosure of the Trade Secrets for Which It Is Claiming Misappropriation. Motion Hearing set for 6/6/2019 at 01:00 PM in Rm 8.100 before Judge Clark Waddoups. **NOTE ADDITIONAL MOTIONS TO BE ADDRESSED AT HEARING**. (cdp)
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Filing 164
REQUEST to Submit for Decision Regarding Objections to XPO's Disclosure of Trade Secrets for Which it is Claiming Misappropriation filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 163
NOTICE OF HEARING ON MOTION re: #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support, #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support, #152 Second MOTION to Amend/Correct and Memorandum in Support, #24 MOTION to Dismiss and Memorandum in Support Plaintiff's Count III, #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support: Motion Hearing set for 6/6/2019 at 01:00 PM in Rm 8.100 before Judge Clark Waddoups. (cdp)
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Filing 162
DOCKET TEXT ORDER finding as moot #44 Motion to Sever pursuant to #151 in which the court approved the settlement of the parties and dismissed Mr. Sudweeks. Signed by Judge Clark Waddoups on 08/13/2018. No attached document. (amw)
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Filing 161
REQUEST to Submit for Decision re #152 Second MOTION to Amend/Correct and Memorandum in Support filed by Plaintiff XPO Logistics. (Smeltzer, Robert)
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Filing 160
NOTICE OF WITHDRAWAL OF COUNSEL of Geoff Biehn filed by Geoffrey Kris Biehn on behalf of Leeway Global Logistics Inc, Leeway Global Logistics LLC (Biehn, Geoffrey)
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Filing 159
NOTICE of Appearance by Brian E. Lahti on behalf of Leeway Global Logistics Inc, Leeway Global Logistics LLC (Lahti, Brian)
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Filing 158
NOTICE of Change of Address by Christopher M. Von Maack and Firm Affiliation (Von Maack, Christopher)
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Filing 157
REPLY to Response to Motion re #152 Second MOTION to Amend/Correct and Memorandum in Support filed by Plaintiff XPO Logistics. (Smeltzer, Robert)
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Filing 156
NOTICE OF WITHDRAWAL OF COUNSEL of Diana F. Bradley filed by Andrew G. Deiss on behalf of Aaron Peterson (Deiss, Andrew)
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Filing 155
NOTICE of Joinder in Leeway Global Logistics, Inc.'s Memorandum Opposing Second Motion for Leave to File First Amended Complaint and Lift Discovery Stay by Aaron Peterson re #154 Memorandum in Opposition to Motion, #152 Second MOTION to Amend/Correct and Memorandum in Support (Deiss, Andrew)
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Filing 154
MEMORANDUM in Opposition re #152 Second MOTION to Amend/Correct and Memorandum in Support filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 153
Motions No Longer Referred: #152 Second MOTION to Amend/Correct and Memorandum in Support (amw)
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Filing 152
Second MOTION to Amend/Correct and Memorandum in Support filed by Plaintiff XPO Logistics. (Attachments: #1 Exhibit 1 (Proposed First Amended Complaint)) Motions referred to Paul M. Warner.(Smeltzer, Robert)
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Filing 151
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER-The Motion for Approval is GRANTED, and the Court approves the Settling Parties' Confidential Settlement Agreement. Mr. Sudweeks is dismissed as a party to this action and allclaims and counterclaims between the Settling Parties are DISMISSED with prejudice. Signed by Judge Clark Waddoups on 1/12/18. (jmr)
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Filing 150
DOCKET TEXT ORDER granting #146 Motion to Expedite. Signed by Judge Clark Waddoups on 11/16/2017. No attached document. (amw)
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Filing 149
Minute Entry for proceedings held before Judge Clark Waddoups: In Camera Motion Hearing held on 11/16/2017, re #146 MOTION for Hearing re In Camera and Memorandum in Support of MOTION to Expedite Consideration of Motion for Approval of FLSA Settlement Agreement and Memorandum in Support filed by Adam Sudweeks. Counsel made representations on the record and the court made findings. Counsel shall submit proposed findings of fact necessary to support the court's ruling. Attorney for Plaintiff: Robert H. Smeltzer, Attorney for Defendant: Susan Baird Motschiedler. Court Reporter: Laura Robinson.(tcs)
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Filing 148
NOTICE OF HEARING ON MOTION re: #146 MOTION for Hearing re In Camera and Memorandum in Support of MOTION to Expedite Consideration of Motion for Approval of FLSA Settlement Agreement and Memorandum in Support : Motion Hearing set for 11/16/2017 at 04:00 PM in Judges Chambers before Judge Clark Waddoups. Only those involved in the pending settlement should attend. (amw)
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Filing 147
Motions No Longer Referred: #146 MOTION for Hearing re In Camera and Memorandum in Support of MOTION to Expedite Consideration of Motion for Approval of FLSA Settlement Agreement and Memorandum in Support , #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support (amw)
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Filing 146
MOTION for Hearing re In Camera and Memorandum in Support of, MOTION to Expedite Consideration of Motion for Approval of FLSA Settlement Agreement and Memorandum in Support filed by Defendant Adam Sudweeks. Motions referred to Paul M. Warner.(Motschiedler, Susan)
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Filing 145
STATUS REPORT by XPO Logistics. (Smeltzer, Robert)
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Filing 144
STATUS REPORT by Aaron Peterson. (Deiss, Andrew)
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Filing 143
STATUS REPORT by Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 142
STATUS REPORT by Adam Sudweeks. (Motschiedler, Susan)
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Filing 141
Minute Entry for proceedings held before Magistrate Judge Brooke C. Wells: Settlement Conference held on 6/16/2017. All parties convened in the Courtroom. Policy and procedures explained. Parties adjourned to individual conference rooms. Settlement negotiations held. Parties returned to Courtroom and stated on the record they were unable to reach a settlement. Judge Waddoup's chambers will be notified. Attorney for Plaintiff: Robert H. Smeltzer, Attorney for Defendant: Christopher M. Von Maack. Court Reporter: electronic.(mlp)
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Filing 140
OBJECTIONS to #136 Sealed Document, filed by Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Attachments: #1 Exhibit 1 Transcript, #2 Exhibit 2 Email, #3 Exhibit 3 Email)(Von Maack, Christopher)
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Filing 139
OBJECTIONS to #136 Sealed Document, filed by Aaron Peterson. (Deiss, Andrew)
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Filing 138
ORDER granting #135 Motion to Withdraw as Attorney. Attorney Kevin John Clancy withdrawn from case for XPO Logistics. CC: Client. Signed by Magistrate Judge Paul M. Warner on 5/3/17. (jmr)
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Filing 137
ORDER granting #134 Motion to Withdraw as Attorney. Attorney Brian R. Orr withdrawn from case for Plaintiff XPO Logistics. Signed by Magistrate Judge Paul M. Warner on 5/2/2017. (blh)
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Filing 136
**SEALED DOCUMENT** XPO's Disclosure of the Alleged Trade Secrets for Which It is Claiming Misappropriation filed by Plaintiff XPO Logistics. (Exhibits submitted on a flash drive due to file size; not added to this entry. Will be permanently retained in the clerk's sealed filings.) (jwt)
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Filing 135
MOTION to Withdraw as Attorney and Memorandum in Support filed by Counter Defendants XPO Logistics, XPO Logistics, XPO Logistics, Plaintiff XPO Logistics. (Attachments: #1 Exhibit Consent to Withdraw, #2 Text of Proposed Order Proposed Order) Motions referred to Paul M. Warner.(Orr, Brian)
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Filing 134
MOTION to Withdraw as Attorney and Memorandum in Support filed by Counter Defendants XPO Logistics, XPO Logistics, XPO Logistics, Plaintiff XPO Logistics. (Attachments: #1 Exhibit Consent to Withdraw, #2 Text of Proposed Order Proposed Order) Motions referred to Paul M. Warner.(Orr, Brian)
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Filing 133
DOCKET TEXT ORDER granting #132 Motion for Extension of Time. Plaintiff shall provide opposing counsel and the Court the disclosure of alleged trade secrets for which it is claiming misappropriation as required by this Court's February 16, 2017 order Dkt. No. #125 on or before May 1, 2017. Defendants may file any objections on or before June 1,2017. Signed by Magistrate Judge Paul M. Warner on 4/3/17. No attached document. (an)
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Filing 132
First MOTION for Extension of Time To Identify Each Trade Secret Plaintiff Alleges Has Been Misappropriated and Memorandum in Support (Unopposed) filed by Plaintiff XPO Logistics. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Orr, Brian)
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Filing 131
DOCKET TEXT ORDER: On or before June 30, 2017, the parties shall provide the court with a status report identifying any issues that remain pending after the settlement conference scheduled for 6/16/2017 and any effect the conference may have on those issues. Signed by Judge Clark Waddoups on 03/29/2017. (amw)
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Filing 130
SETTLEMENT ORDER. Settlement Conference set for 6/16/2017 at 10:00 AM in Rm 7.400 before Magistrate Judge Brooke C. Wells. Signed by Magistrate Judge Brooke C. Wells on 3/7/2017. (blh)
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Filing 129
CASE REFERRED to Magistrate Judge Brooke C. Wells for SETTLEMENT (ksm)
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Filing 128
ORDER REFERRING CASE to MAGISTRATE JUDGE BROOKE C. WELLS under 28:636 (b)(1) for Settlement. Counsel shall, by March 8, 2017, jointly contact the Magistrate to schedule the settlement conference. No attached document. Signed by Magistrate Judge Paul M. Warner on 2/22/17. (ksm) Modified on 2/22/2017 by editing text (ksm).
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Filing 127
DOCKET TEXT ORDER granting #126 Motion for ADR - Mediation to be held before Magistrate Judge Brooke C. Wells Signed by Magistrate Judge Paul M. Warner on 2/22/17. No attached document. (ksm)
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Filing 126
Stipulated MOTION for ADR - Mediation and Memorandum in Support filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Attachments: #1 Text of Proposed Order Granting Stipulation and Motion for Referral to Judicial Mediation) Motions referred to Paul M. Warner.(Von Maack, Christopher)
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Filing 125
ORDER re #24 MOTION to Dismiss and Memorandum in Support Plaintiff's Count III filed by Leeway Global Logistics LLC, #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Aaron Peterson, #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by ASAP Energy, #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Counts I and IV of Plaintiff's Complaint filed by Adam Sudweeks. See Order for details. Signed by Judge Clark Waddoups on 2/15/17. (jmr)
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Filing 124
DOCKET TEXT ORDER granting #121 Motion for Admission Pro Hac Vice of Kevin John Clancy for XPO Logistics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Magistrate Judge Paul M. Warner on 2/13/17. No attached document. (ksm)
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Filing 123
Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 2/10/2017 re #78 Motion for Leave to File First Amended Complaint and Lift Discovery Stay filed by XPO Logistics. After hearing arguments from counsel, Court took the motion under advisement. Attorney for Plaintiff: Kevin Clancy, Tom Rollins, Attorney for Defendant: Diana Bradley, Susan Motschiedler and Christina Jepson. Court Reporter: Laura Robinson.(ss)
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Filing 122
NOTICE of Appearance by Thomas J. Rollins on behalf of XPO Logistics(a Delaware corporation). (jmr)
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Filing 121
MOTION for Admission Pro Hac Vice of Kevin J. Clancy, Registration fee $ 250, receipt number 4681075711, Fee Status: Fee Paid. filed by Counter Defendants XPO Logistics, XPO Logistics, XPO Logistics, Plaintiff XPO Logistics. (jmr)
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Filing 120
NOTICE of Appearance by Diana Fay Bradley on behalf of Aaron Peterson (Bradley, Diana)
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Filing 119
ORDER denying #108 Motion for Protective Order. Signed by Magistrate Judge Paul M. Warner on 2/2/2017. (eat)
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Filing 118
DOCKET TEXT ORDER granting #116 Motion for Leave to File Signed by Magistrate Judge Paul M. Warner on 1/31/17. No attached document. (ksm)
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Filing 117
CLERK'S NOTICE OF POSSIBLE ERROR re #116 MOTION for Leave to File. Description of possible error: Document was filed as a reply and should have been filed as a motion. In the future if you have questions when filing in CM/ECF please call the help desk or our office. Thank you. (jmr)
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Filing 116
REPLY to Response to Motion re #108 MOTION for Protective Order and Memorandum in Support Regarding Customer Subpoenas (Motion for Leave to File Corrected Surreply) filed by Plaintiff XPO Logistics. (Attachments: #1 Exhibit Ex. A - Proposed Corrected Surreply Brief, #2 Exhibit Ex. 1 - Emails between j. Morin and R. Smeltzer, #3 Exhibit Ex. 2 - Subpoena Duces Tecum to Hanjin, #4 Exhibit Ex. 3 --Subpoena Duces Tecum to Leeway Freight, #5 Exhibit Ex. 4 - Meagher Letter to Subpoena Respondents, #6 Exhibit Ex. 5 - Email R.Smeltzer to C. Von Maack)(Smeltzer, Robert) Modified on 1/30/2017-Changed to Motion for Leave to File. (jmr).
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Filing 115
REPLY to Response to Motion re #108 MOTION for Protective Order and Memorandum in Support Regarding Customer Subpoenas filed by Plaintiff XPO Logistics. (Smeltzer, Robert)
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Filing 114
AMENDED NOTICE OF HEARING ON MOTION re: #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support : (Notice generated by amw) Motion Hearing set for 2/10/2017 at 02:30 PM in Rm 8.100 before Judge Clark Waddoups. (amw)
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Filing 113
DOCKET TEXT ORDER In their reply brief, Defendants have raised several new issues, including the fact that Plaintiffs have allegedly served the subpoenas at issue in Defendants Motion for a Protective Order [ECF No. 108]. Accordingly, the Court orders Plaintiffs to respond to the various allegations asserted in Defendants Reply Memorandum in Support of Defendants Motion for Protective Order [ECF 111] within fourteen (14) days of this order. IT IS SO ORDERED. No attached document Signed by Magistrate Judge Paul M. Warner on 1/12/2017. (an)
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Filing 112
REQUEST to Submit for Decision re #108 MOTION for Protective Order and Memorandum in Support Regarding Customer Subpoenas [Expedited Consideration Requested] filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 111
REPLY to Response to Motion re #108 MOTION for Protective Order and Memorandum in Support Regarding Customer Subpoenas [Expedited Consideration Requested] filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Attachments: #1 Exhibit 1 - Email Declaration of J. Morin, #2 Exhibit 2 - Email W. Chung to R. Smeltzer, #3 Exhibit 3 - Email C. Von Maack re FRE 408, #4 Exhibit 4 - Email R. Smeltzer re Motion for PO, #5 Exhibit 5 - Email R. Smeltzer FRE 408, #6 Exhibit 6 - Email R. Smeltzer FRE 408, #7 Exhibit 7 - Email R. Smeltzer FRE 408, #8 Exhibit 8 - Email R. Smeltzer FRE 408, #9 Exhibit 9 - Email R. Smeltzer re Meet and Confer, #10 Exhibit 10 - Email R. Smeltzer re Discovery Stay, #11 Exhibit 11 - Email R. Smeltzer FRE 408, #12 Exhibit 12 - Email J. Meagher to Counsel re SDTs, #13 Exhibit 13 - Email C. Von Maack to R. Smeltzer, #14 Exhibit 14 - Email R. Smeltzer re Docs Requested, #15 Exhibit 15 - Garcia v. Berkshire Life)(Von Maack, Christopher)
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Filing 110
RESPONSE to Motion re #108 MOTION for Protective Order and Memorandum in Support Regarding Customer Subpoenas filed by Plaintiff XPO Logistics. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Smeltzer, Robert)
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Filing 109
ERRATA to #108 MOTION for Protective Order and Memorandum in Support Regarding Customer Subpoenas filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC . (Von Maack, Christopher)
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Filing 108
MOTION for Protective Order and Memorandum in Support Regarding Customer Subpoenas filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Attachments: #1 Exhibit 1 Notice of Intent, #2 Exhibit 2 Subpoenas, #3 Exhibit 3 Email, #4 Exhibit 4 Email, #5 Exhibit 5 Hearing Transcript, #6 Exhibit 6 Email) Motions referred to Paul M. Warner.(Von Maack, Christopher)
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Filing 107
NOTICE OF HEARING ON MOTION re: #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support. Motion Hearing set for 2/2/2017 at 02:30 PM in Rm 8.100 before Judge Clark Waddoups. (tdp)
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Filing 106
REPLY to Response to Motion re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support of Defendant Adam Sudweeks filed by Plaintiff XPO Logistics. (Orr, Brian)
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Filing 105
REPLY to Response to Motion re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support of Defendant Aaron Peterson filed by Plaintiff XPO Logistics. (Orr, Brian)
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Filing 104
REPLY to Response to Motion re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support of Defendant Leeway filed by Plaintiff XPO Logistics. (Orr, Brian)
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Filing 103
AFFIDAVIT OF SERVICE for Subpoena to Produce Documents, Information, or Objects to T-Mobile USA, Inc. served on Ronald Witt on September 16, 2016, filed by Defendant Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 102
MEMORANDUM in Opposition re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support filed by Defendant Adam Sudweeks. (Attachments: #1 Exhibit Sudweeks' Responses to First RPOD, #2 Exhibit Sudweeks' Responses to Second RPOD, #3 Exhibit Sudweeks Responses to First ROGS, #4 Exhibit Sudweeks First Set of ROGS and RPOD, #5 Exhibit XPO's Initial Disclosures)(Motschiedler, Susan)
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Filing 101
REDACTION to #97 Sealed Document, Memorandum Opposing Motion for Leave to File First Amended Complaint and Lift Discovery Stay [Filed Under Seal on September 16, 2016] by Defendant Leeway Global Logistics LLC. (Attachments: #1 Exhibit 1 - REDACTED Email A. Sudweeks, #2 Exhibit 2 - Letter B. Orr to C. Von Maack, #3 Exhibit 3 - XPO Answer 1 to 1st ROGS, #4 Exhibit 4 - P's 1st RFP, #5 Exhibit 5 - REDACTED P's 2nd RFP, #6 Exhibit 6 - P's 3rd RFP, #7 Exhibit 7 - P's 1st Set ROGS, #8 Exhibit 8 - XPO Responses to 1st RFP, #9 Exhibit 9 - Letter G. Wayment to Counsel)(Von Maack, Christopher)
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Filing 100
ORDER Granting #95 Motion for Extension of Time to File Response/Reply re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support . Adam Sudweek's response is due on or before 9/23/2016. XPO Logistics, Inc.'s reply is due on or before 10/7/2016. Signed by Judge Clark Waddoups on 9/16/2016. (tdp)
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Filing 99
Motions No Longer Referred: #95 MOTION for Extension of Time to File Response/Reply as to #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support . Judge Waddoups will handle the motion. (tdp)
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Filing 98
MEMORANDUM in Opposition re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support filed by Defendant Aaron Peterson. (Deiss, Andrew)
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Filing 97
**SEALED DOCUMENT** Memorandum in Opposition re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(jwt)
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Filing 96
NOTICE OF CONVENTIONAL FILING of Memorandum Opposing Motion for Leave to File First Amended Complaint and Lift Discovery Stay filed by Defendant Leeway Global Logistics LLC (Von Maack, Christopher)
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Filing 95
MOTION for Extension of Time to File Response/Reply as to #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support filed by Defendant Adam Sudweeks. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Jepson, Christina)
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Filing 94
DOCKET TEXT ORDER granting #93 Motion for Leave to File Under Seal. Signed by Magistrate Judge Paul M. Warner on 9/16/16. No attached document. (dla)
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Filing 93
Ex Parte (Not Sealed) MOTION to Seal and Memorandum in Support Memorandum Opposing Motion for Leave to File First Amended Complaint and Lift Discovery Stay filed by Defendant Leeway Global Logistics LLC. (Attachments: #1 Text of Proposed Order Granting Ex Parte Motion to File Under Seal) Motions referred to Paul M. Warner.(Von Maack, Christopher)
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Filing 92
ORDER granting #81 Motion to Expedite; denying #79 Motion to Stay; denying #83 Motion to Stay; denying #87 Motion to Stay. The time for filing Defendants' opposition memoranda is extended to 9/16/2016. Signed by Judge Clark Waddoups on 9/7/2016. (blh)
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Filing 91
REQUEST to Submit for Decision re #81 Ex Parte (Not Sealed) MOTION to Expedite Consideration of LeeWay's Motion to Stay Briefing on XPO's Motion for Leave to File First Amended Complaint and Memorandum in Support , #79 MOTION to Stay re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support and Memorandum in Support filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 90
REPLY to Response to Motion re #81 Ex Parte (Not Sealed) MOTION to Expedite Consideration of LeeWay's Motion to Stay Briefing on XPO's Motion for Leave to File First Amended Complaint and Memorandum in Support , #83 MOTION to Stay Briefing on XPO's Motion for Leave to File First Amended Complaint filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 89
Motions No Longer Referred: #87 MOTION to Stay re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support. (dla)
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Filing 88
RESPONSE to Motion re #81 Ex Parte (Not Sealed) MOTION to Expedite Consideration of LeeWay's Motion to Stay Briefing on XPO's Motion for Leave to File First Amended Complaint and Memorandum in Support , #79 MOTION to Stay re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support and Memorandum in Support filed by Plaintiff XPO Logistics. (Attachments: #1 Exhibit 1)(Smeltzer, Robert)
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Filing 87
MOTION to Stay re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support filed by Defendant Aaron Peterson. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Deiss, Andrew)
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Filing 86
NOTICE OF DEFICIENCY re #84 Notice (Other),. The document Motions/Notice of Joinders are not allowed in Civil Cases per DUCiv7-1(A)(4). The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. Thank you. (jmr)
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Filing 85
Motions No Longer Referred: #83 MOTION to Stay Briefing on XPO's Motion for Leave to File First Amended Complaint. Motion will be handled by Judge Waddoups. (tdp)
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Filing 84
NOTICE of Joinder in Leeway Global Logistics, Inc.'s Motion to Stay Briefing on XPO's Motion for Leave to File First Amended Complaint by Aaron Peterson re #79 MOTION to Stay re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support and Memorandum in Support (Deiss, Andrew)
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Filing 83
MOTION to Stay Briefing on XPO's Motion for Leave to File First Amended Complaint filed by Defendant Adam Sudweeks. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Motschiedler, Susan)
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Filing 82
Motions No Longer Referred: #81 Ex Parte (Not Sealed) MOTION to Expedite Consideration of LeeWay's Motion to Stay Briefing on XPO's Motion for Leave to File First Amended Complaint and Memorandum in Support . Motion will be handled by Judge Waddoups. (tdp)
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Filing 81
Ex Parte (Not Sealed) MOTION to Expedite Consideration of LeeWay's Motion to Stay Briefing #71 on XPO's Motion for Leave to File First Amended Complaint and Memorandum in Support filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. Motions referred to Paul M. Warner.(Von Maack, Christopher) Modified on 8/30/2016 to add docket number 71 to entry (jmr).
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Filing 80
Motions No Longer Referred: #79 MOTION to Stay re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support and Memorandum in Support , #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support . Motions will be handled by Judge Waddoups. (tdp)
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Filing 79
MOTION to Stay re #78 MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support and Memorandum in Support filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. Motions referred to Paul M. Warner.(Von Maack, Christopher)
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Filing 78
MOTION for Leave to File First Amended Complaint and Lift Discovery Stay and Memorandum in Support filed by Plaintiff XPO Logistics. (Attachments: #1 Exhibit 1, #2 Exhibit 2) Motions referred to Paul M. Warner.(Smeltzer, Robert)
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Filing 77
RESPONSE re #76 Notice of Supplemental Authority,, filed by Adam Sudweeks. (Motschiedler, Susan)
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Filing 76
NOTICE of SUPPLEMENTAL AUTHORITY by XPO Logistics re #49 Reply Memorandum/Reply to Response to Motion, #42 Memorandum in Opposition to Motion, #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Counts I and IV of Plaintiff's Complaint (Attachments: #1 Exhibit A) (Orr, Brian)
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Filing 75
ORDER-Motions terminated/Denying as Moot #71 MOTION for Protective Order and Memorandum in Support filed by Leeway Global Logistics LLC, Leeway Global Logistics Inc. The court STAYS discovery until it issues a written ruling on the motions to dismiss and motion to sever. See Order for details. Signed by Judge Clark Waddoups on 6/10/16. (jmr) Modified on 6/13/2016 to fix typo(jmr).
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Filing 74
**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal upon Google Inc., c/o Corporation Service Company served on Corporation Service Company on 06/03/2016, filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 73
Motions No Longer Referred: #71 MOTION for Protective Order and Memorandum in Support . Motion will be handled by Judge Waddoups. (tdp)
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Filing 72
**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for personal served on Joshua Morin on 06/03/2016, filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Biehn, Geoffrey)
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Filing 71
MOTION for Protective Order and Memorandum in Support filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Attachments: #1 Exhibit 1 Notices of SDT, #2 Text of Proposed Order) Motions referred to Paul M. Warner.(Von Maack, Christopher)
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Filing 69
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Dismiss for Failure to State a Claim held on April 20, 2016 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2016. Redacted Transcript Deadline set for 6/27/2016. Release of Transcript Restriction set for 8/24/2016. (jmr) Modified on 8/25/2016 by removing restricted text (las).
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Filing 68
DOCKET TEXT ORDER finding as moot #8 Motion to Expedite. Signed by Magistrate Judge Paul M. Warner on 5/2/16. No attached document. (dla)
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Filing 67
Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 4/20/2016 re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Sudweeks' Third Counterclaim filed by XPO Logistics, #24 MOTION to Dismiss and Memorandum in Support Plaintiff's Count III filed by Leeway Global Logistics LLC, #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Aaron Peterson, #44 MOTION to Sever and Memorandum in Support Defendant Sudweeks' FLSA Counterclaim and To Extend Time For a Responsive Pleading filed by XPO Logistics, #62 MOTION to Dismiss Sudweeks' Third Counterclaim filed by XPO Logistics, #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by ASAP Energy, #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Counts I and IV of Plaintiff's Complaint filed by Adam Sudweeks.Discussion and argument heard. The Court takes the matters under submission and will issue a written ruling as soon as possible. Attorney for Plaintiff: Robert Smeltzer, Vincent Velardo, Attorney for Defendant: Geoffrey Biehn, Andrew Deiss, Christina Jepson, Susan Motschiedler, Christopher Von Maack. Court Reporter: Laura Robinson.(rlr)
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Filing 66
MEMORANDUM in Support re #62 MOTION to Dismiss Sudweeks' Third Counterclaim filed by Counter Defendant XPO Logistics, Plaintiff XPO Logistics. (Smeltzer, Robert)
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Filing 65
MEMORANDUM in Opposition re #62 MOTION to Dismiss Sudweeks' Third Counterclaim filed by Defendant Adam Sudweeks, Counter Claimant Adam Sudweeks. (Motschiedler, Susan)
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Filing 64
AMENDED NOTICE OF HEARING ON MOTION re: #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , #44 MOTION to Sever and Memorandum in Support Defendant Sudweeks' FLSA Counterclaim and To Extend Time For a Responsive Pleading, #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , #24 MOTION to Dismiss and Memorandum in Support Plaintiff's Count III, #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Counts I and IV of Plaintiff's Complaint, #62 MOTION to Dismiss Sudweeks' Third Counterclaim : (Notice generated by tdp). Motion Hearing reset for 4/20/2016 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups to allow sufficient time for briefing to be completed on #62 Motion to Dismiss Sudweeks' Third Counterclaim. XPO Logistics #45 Motion to Dismiss has been terminated as moot due to Adam Sudweeks' Second Amended Counterclaim. (tdp)
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Filing 63
ANSWER to #61 Counterclaim filed by XPO Logistics.(Smeltzer, Robert)
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Filing 62
MOTION to Dismiss Sudweeks' Third Counterclaim filed by Counter Defendant XPO Logistics, Plaintiff XPO Logistics. (Smeltzer, Robert)
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Filing 61
Second COUNTERCLAIM against XPO Logistics(a Delaware corporation), filed by Adam Sudweeks. (Motschiedler, Susan)
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Filing 60
DOCKET TEXT ORDER granting #59 motion to amend/correct. The stipulated motion of Plaintiff and Counterclaim Defendant XPO Logistics, Inc. and Defendant and Counterclaim Plaintiff Adam Sudweeks to amend the counterclaim of Mr. Sudweeks is GRANTED, and the court hereby ORDERS that Mr. Sudweeks may file and serve his Second Amended Ccounterclaim. Signed by Magistrate Judge Paul M. Warner on 2/11/16. No attached document. (dla)
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Filing 59
MOTION to Amend/Correct #33 Counterclaim filed by Defendant Adam Sudweeks, Counter Claimants Adam Sudweeks, Adam Sudweeks. (Attachments: #1 Exhibit A - Sudweeks' Second Amended Counterclaim, #2 Text of Proposed Order) Motions referred to Paul M. Warner.(Motschiedler, Susan)
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Filing 58
REPLY to Response to Motion re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Sudweeks' Third Counterclaim filed by Counter Defendants XPO Logistics, XPO Logistics, Plaintiff XPO Logistics. (Orr, Brian)
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Filing 57
MEMORANDUM in Opposition re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Sudweeks' Third Counterclaim filed by Counter Claimant Adam Sudweeks. (Motschiedler, Susan)
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Filing 56
NOTICE OF HEARING ON MOTION re: #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , #44 MOTION to Sever and Memorandum in Support Defendant Sudweeks' FLSA Counterclaim and To Extend Time For a Responsive Pleading, #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , #24 MOTION to Dismiss and Memorandum in Support Plaintiff's Count III, #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Counts I and IV of Plaintiff's Complaint, #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Sudweeks' Third Counterclaim : (Notice generated by tdp) Motion Hearing set for 4/8/2016 at 10:00 AM in Rm 8.100 before Judge Clark Waddoups. (tdp)
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Filing 55
Motions No Longer Referred: #44 MOTION to Sever and Memorandum in Support Defendant Sudweeks' FLSA Counterclaim and To Extend Time For a Responsive Pleading. The Motion will be handled by Judge Clark Waddoups (tdp)
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Filing 54
REPLY to Response to Motion re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant ASAP Energy. (Deiss, Andrew)
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Filing 53
REPLY to Response to Motion re #44 MOTION to Sever and Memorandum in Support Defendant Sudweeks' FLSA Counterclaim and To Extend Time For a Responsive Pleading filed by Counter Defendant XPO Logistics, Plaintiff XPO Logistics. (Orr, Brian)
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Filing 52
MEMORANDUM in Opposition re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff XPO Logistics. (Orr, Brian)
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Filing 51
MEMORANDUM in Opposition re #44 MOTION to Sever and Memorandum in Support Defendant Sudweeks' FLSA Counterclaim and To Extend Time For a Responsive Pleading filed by Defendant Adam Sudweeks, Counter Claimant Adam Sudweeks. (Motschiedler, Susan)
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Filing 50
REPLY to Response to Motion re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Aaron Peterson. (Deiss, Andrew)
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Filing 49
REPLY to Response to Motion re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Counts I and IV of Plaintiff's Complaint filed by Defendant Adam Sudweeks, Counter Claimants Adam Sudweeks, Adam Sudweeks. (Motschiedler, Susan)
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Filing 48
REPLY to Response to Motion re #24 MOTION to Dismiss and Memorandum in Support Plaintiff's Count III filed by Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 47
DOCKET TEXT ORDER granting #39 Motion for Extension of Time. The Court hereby GRANTS XPOs Motion for an Extension of Time to file its Response to Defendant Adam Sudweeks Amended Counterclaim. The revised deadline for filing is now December 16, 2015. Signed by Magistrate Judge Paul M. Warner on 12/9/15. No attached document. (dla)
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Filing 46
ANSWER to #33 Counterclaim filed by XPO Logistics(a Delaware corporation).(Smeltzer, Robert)
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Filing 45
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Sudweeks' Third Counterclaim filed by Counter Defendant XPO Logistics. (Orr, Brian)
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Filing 44
MOTION to Sever and Memorandum in Support Defendant Sudweeks' FLSA Counterclaim and To Extend Time For a Responsive Pleading filed by Counter Defendant XPO Logistics. Motions referred to Paul M. Warner.(Orr, Brian)
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Filing 43
MEMORANDUM in Opposition re #24 MOTION to Dismiss and Memorandum in Support Plaintiff's Count III filed by Plaintiff XPO Logistics. (Orr, Brian)
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Filing 42
MEMORANDUM in Opposition re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Counts I and IV of Plaintiff's Complaint filed by Plaintiff XPO Logistics. (Orr, Brian)
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Filing 41
MEMORANDUM in Opposition re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff XPO Logistics. (Orr, Brian)
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Filing 40
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant ASAP Energy. Attorney Andrew G. Deiss added to party ASAP Energy(pty:dft)(Deiss, Andrew)
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Filing 39
MOTION for Extension of Time Response to Defendant Adam Sudweeks' Amended Counterclaim filed by Counter Defendant XPO Logistics. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Velardo, Vincent)
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Filing 38
REPLY to Response to Motion re #8 MOTION to Expedite Discovery filed by Plaintiff XPO Logistics. (Smeltzer, Robert)
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Filing 37
AFFIDAVIT OF SERVICE for Summons served on Aaron Peterson on November 4, 2015, filed by Counter Defendant XPO Logistics. (Attachments: #1 Appendix Summons)(Velardo, Vincent)
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Filing 36
MEMORANDUM in Opposition re #8 MOTION to Expedite Discovery filed by Defendant Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 35
MEMORANDUM in Opposition re #8 MOTION to Expedite Discovery filed by Defendant Aaron Peterson. (Deiss, Andrew)
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Filing 34
RESPONSE to Motion re #8 MOTION to Expedite Discovery filed by Defendant Adam Sudweeks, Counter Claimants Adam Sudweeks, Adam Sudweeks. (Attachments: #1 Exhibit 1 - August 18, 2015 Letter, #2 Exhibit 2 - August 26, 2015 Memo, #3 Exhibit 3 - August 24, 2015 Email, #4 Exhibit 4 - September 18, 2015 Letter, #5 Exhibit 5 - September 24, 2015 Email, #6 Exhibit 6 - October 25, 2015 Email)(Motschiedler, Susan)
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Filing 33
Amended COUNTERCLAIM against XPO Logistics, filed by Adam Sudweeks. (Motschiedler, Susan)
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Filing 32
NOTICE OF ADR, e-mailed or mailed to Defendants Leeway Global Logistics Inc, Leeway Global Logistics LLC, Aaron Peterson, Adam Sudweeks, Counter Claimant Adam Sudweeks, Plaintiff XPO Logistics, Counter Defendant XPO Logistics. (jmr)
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Filing 31
Sudweeks' ANSWER to Complaint for Preliminary Injunction and Other Relief, and Sudweeks', COUNTERCLAIM Brought on Behalf of Himself and Others Similarly Situated against XPO Logistics filed by Adam Sudweeks. (Attachments: #1 Exhibit Consent to Join)(Motschiedler, Susan)
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Filing 30
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Aaron Peterson. Attorney Andrew G. Deiss added to party Aaron Peterson(pty:dft)(Deiss, Andrew)
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Filing 29
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Counts I and IV of Plaintiff's Complaint filed by Defendant Adam Sudweeks. (Winzeler, Zack)
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Filing 28
NOTICE of Appearance by Christina M. Jepson on behalf of Adam Sudweeks (Jepson, Christina)
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Filing 27
NOTICE of Appearance by Susan Baird Motschiedler on behalf of Adam Sudweeks (Motschiedler, Susan)
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Filing 26
ANSWER to Complaint with Jury Demand filed by Leeway Global Logistics LLC.(Von Maack, Christopher)
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Filing 25
NOTICE of Appearance by Zack L. Winzeler on behalf of Adam Sudweeks (Winzeler, Zack)
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Filing 24
MOTION to Dismiss and Memorandum in Support Plaintiff's Count III filed by Defendant Leeway Global Logistics LLC. (Von Maack, Christopher)
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Filing 23
STIPULATION re #8 MOTION to Expedite Discovery by XPO Logistics. (Orr, Brian)
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Filing 22
ACKNOWLEDGMENT OF SERVICE Executed Acceptance of Service by Aaron Peterson Acknowledgment filed by XPO Logistics.Aaron Peterson served on 10/7/2015, answer due 10/28/2015. (Orr, Brian)
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Filing 21
ACKNOWLEDGMENT OF SERVICE Executed Acceptance of Servcie of Adam Sudweeks Acknowledgment filed by XPO Logistics.Adam Sudweeks served on 10/7/2015, answer due 10/28/2015. (Velardo, Vincent)
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Filing 20
ACKNOWLEDGMENT OF SERVICE Executed Acceptance of Service of Leeway Global Logistics and Leeway Global Logistics, Inc. Acknowledgment filed by XPO Logistics.Leeway Global Logistics LLC served on 10/7/2015, answer due 10/28/2015. (Velardo, Vincent)
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Filing 19
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Leeway Global Logistics LLC identifying LeeWay Global Logistics, Inc. as Corporate Parent. (Von Maack, Christopher)
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Filing 18
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Leeway Global Logistics Inc identifying W.L.P. Corporation as Corporate Parent. (Von Maack, Christopher)
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Filing 17
ORDER granting #10 Motion for Admission Pro Hac Vice of Brian R. Orr for XPO Logistics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Clark Waddoups on 10/5/2015. (blh)
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Filing 16
ORDER granting #9 Motion for Admission Pro Hac Vice of Robert H. Smeltzer for XPO Logistics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Clark Waddoups on 10/5/2015. (blh)
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Filing 15
NOTICE of Appearance by Geoffrey Kris Biehn on behalf of Leeway Global Logistics Inc, Leeway Global Logistics LLC (Biehn, Geoffrey)
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Filing 14
NOTICE of Appearance by Christopher M. Von Maack on behalf of Leeway Global Logistics Inc, Leeway Global Logistics LLC (Von Maack, Christopher)
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Filing 13
NOTICE of Appearance by Jennifer Mandigo Brennan on behalf of XPO Logistics (Brennan, Jennifer)
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Filing 12
NOTICE of Appearance by Vincent J. Velardo on behalf of XPO Logistics (Velardo, Vincent)
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Filing 11
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Paul M. Warner. Signed by Judge Clark Waddoups on 10/1/2015. (aw)
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Filing 10
Second MOTION for Admission Pro Hac Vice of Brian R. Orr , Registration fee $ 15, receipt number 1088-2351658, filed by Plaintiff XPO Logistics. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - Electronic Case Filing Registration, #3 Text of Proposed Order)(Velardo, Vincent) Modified by correcting receipt number on 10/5/2015 (blh).
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Filing 9
Second MOTION for Admission Pro Hac Vice of Robert H. Smeltzer , Registration fee $ 15, receipt number 1088-2351642, filed by Plaintiff XPO Logistics. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - Electronic Case Filing Registration, #3 Text of Proposed Order)(Velardo, Vincent) Modified by correcting receipt number on 10/5/2015 (blh).
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Filing 8
MOTION to Expedite Discovery filed by Plaintiff XPO Logistics. (Velardo, Vincent)
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Filing 7
MOTION for Admission Pro Hac Vice of Brian R. Orr , Registration fee $ 15, receipt number 1088-2351658, filed by Plaintiff XPO Logistics. (Velardo, Vincent)
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Filing 6
MOTION for Admission Pro Hac Vice of Robert H. Smeltzer , Registration fee $ 15, receipt number 1088-2351642, filed by Plaintiff XPO Logistics. (Velardo, Vincent)
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Filing 5
EXHIBITS filed by XPO Logistics re #2 Complaint. (Attachments: #1 Exhibit B - Employee Agreement)(Velardo, Vincent)
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Filing 4
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Robert H. Smeltzer, for Plaintiff XPO Logistics (mms)
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Filing 3
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff XPO Logistics. (Velardo, Vincent)
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-2350476), filed by XPO Logistics. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Clark Waddoups (Velardo, Vincent)
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Filing 1
Case has been indexed and assigned to Judge Clark Waddoups. Plaintiff XPO Logistics is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mms)
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