XMission v. 9 Four One Media et al
XMission |
9 Four One Media, Fluent, LLC, Affiliati Network, The, Agora Financial, Above All Offers and Fluent LLC |
2:2018cv00182 |
February 27, 2018 |
US District Court for the District of Utah |
Central Office |
Salt Lake |
Dustin B Pead |
Robert J Shelby |
Other Statutory Actions |
15 U.S.C. § 7701 |
None |
Docket Report
This docket was last retrieved on May 1, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 94 MANDATE of USCA as to #84 Notice of Appeal filed by XMission According to the USCA the Mandate of the USDC for the Dist of UT is Affirmed. Judgment included with mandate: Yes. (Attachments: #1 Appendix Judgment, #2 Appendix Cover letter) (dla) |
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Filing 92 NOTICE of Non-Opposition to Plaintiff's Motion to Certify as Final This Court's Order Dismissing Fluent, LLC for Lack of Personal Jurisdiction by Fluent LLC re #90 MOTION to Certify as Final This Court's Order Dismissing Fluent, LLC for Lack of Personal Jurisdiction re 78 Order on Motion to Dismiss/Lack of Jurisdiction,,, Motion Hearing,, and Memorandum in Support (English, Maralyn) |
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Filing 90 MOTION to Certify as Final This Court's Order Dismissing Fluent, LLC for Lack of Personal Jurisdiction re 78 Order on Motion to Dismiss/Lack of Jurisdiction,,, Motion Hearing,, and Memorandum in Support filed by Plaintiff XMission. (Attachments: #1 Exhibit A - Order, No. 18-4161, Xmission, LC v Fluent LLC)(Cameron, Jordan) |
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Filing 87 Please be advised the Record is complete for purposes of appeal for USCA case number 18-04161 re #84 Notice of Appeal. (dla) |
Filing 86 USCA Case Number Case Appealed to Tenth Case Number 18-4161 for #84 Notice of Appeal filed by XMission. (jmr) |
Filing 85 Transmission of Preliminary Record to USCA re #84 Notice of Appeal as to Tenth Circuit. (Attachments: #1 Supplement Preliminary Record) (dla) |
Filing 84 NOTICE OF APPEAL as to 78 Order on Motion to Dismiss/Lack of Jurisdiction,,, Motion Hearing,, filed by XMission. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-3144091. (Cameron, Jordan) |
Filing 83 NOTICE of Voluntary Dismissal of Above All Offers Corporation filed by Plaintiff XMission (Cameron, Jordan) |
Filing 81 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 8/30/2018 before Judge Robert J. Shelby. Court Reporter/Transcriber Kelly Brown Hicken, 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 11/2/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/10/2019. (dla) Modified by removing restricted text on 1/17/2019 (rks). |
Filing 80 NOTICE of Voluntary Dismissal of Agora Financial, LLC filed by Plaintiff XMission (Cameron, Jordan) |
Filing 79 NOTICE of Voluntary Dismissal of 9 Four One Media filed by Plaintiff XMission (Cameron, Jordan) |
Filing 78 Minute Order. Proceedings held before Judge Robert J. Shelby: re #22 MOTION to Dismiss for Lack of Jurisdiction filed by Fluent LL, held on 8/30/2018. The court hears oral argument and rules as follows: For the reasons stated on the record, The court GRANTS docket entry #22 Motion to Dismiss for Lack of Jurisdiction and DENIES Plaintiffs Oral Motion for Jurisdictional Discovery. Written Order to follow oral order: No. Attorney for Plaintiff: Jordan Cameron; Attorney for Defendant Derek Newman, R. Scott Young, Dan Barsky. Court Reporter: Kelly Hicken.(mjm) |
Filing 77 OBJECTIONS to #70 Notice (Other) DEFENDANT FLUENT, LLCS SUPPLEMENTAL ARGUMENT RELATING TO NEW AUTHORITY filed by Fluent LLC. (Newman, Derek) |
Filing 76 OBJECTIONS to #70 Notice (Other) filed by Fluent LLC. (English, Maralyn) |
Filing 75 NOTICE of DUCivR 7-1(b)(4) Pertinent and Significant Authority by XMission re #44 Memorandum in Opposition to Motion (Attachments: #1 Exhibit A - Mavrix Photo, Inc. v. Brand Technologies, Inc.) (Cameron, Jordan) |
Filing 74 Supplemental MEMORANDUM in Opposition re #22 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff XMission. (Cameron, Jordan) |
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Filing 72 Motions No Longer Referred: #71 MOTION Supplement Xmission's Opposition Memorandum re #44 Memorandum in Opposition to Motion and Memorandum in Support (mjm) |
Filing 71 MOTION Supplement Xmission's Opposition Memorandum re #44 Memorandum in Opposition to Motion and Memorandum in Support filed by Plaintiff XMission. (Attachments: #1 Exhibit A - Supplemental Argument, #2 Text of Proposed Order Granting Request to Supplement) Motions referred to Paul M. Warner.(Cameron, Jordan) |
Filing 70 NOTICE of DUCivR 7-1(b)(4) Pertinent and Significant Authority by XMission re #44 Memorandum in Opposition to Motion (Attachments: #1 Exhibit A - Memorandum Decision and Order) (Cameron, Jordan) |
Filing 69 NOTICE of Voluntary Dismissal of The Affiliati Network, Inc. filed by Plaintiff XMission (Cameron, Jordan) |
Filing 68 NOTICE of Additional Exhibits Re Opposition to Motion to Dismiss by XMission re #43 Memorandum in Opposition to Motion (Attachments: #1 Exhibit A - Fluent's 2017 10-K Filing, #2 Exhibit B - Fluent's Q1 2018 10-Q) (Cameron, Jordan) |
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Filing 66 MOTION for Extension of Time to File Response/Reply as to #2 Complaint and Memorandum in Support filed by Plaintiff XMission. (Attachments: #1 Text of Proposed Order Granting Motion to Extend) Motions referred to Paul M. Warner.(Cameron, Jordan) Modified on 7/16/2018 modified event to Motion for Extension of Time to File Answer(jwt). |
Filing 65 NOTICE OF HEARING ON MOTION re: #22 MOTION to Dismiss for Lack of Jurisdiction : (Notice generated by Mary Jane McNamee) Motion Hearing set for 8/30/2018 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm) |
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Filing 62 DOCKET TEXT ORDER granting #58 Motion to Withdraw as Attorney. Attorney Leeor Neta withdrawn from case for Defendant Fluent LLC. Ordered at direction of Magistrate Judge Paul M. Warner on 7/2/18. No attached document. (dla) |
Filing 60 Defendant's MOTION for Admission Pro Hac Vice of Keith Scully , Registration fee $ 250, receipt number 1088-3041823, filed by Defendant Fluent LLC. (Attachments: #1 Text of Proposed Order text of proposed order, #2 Exhibit A - Application, #3 Exhibit B- ECF Registration)(Young, R.) |
Filing 59 Defendant's MOTION for Admission Pro Hac Vice of Derek Newman , Registration fee $ 250, receipt number 1088-3041799, filed by Defendant Fluent LLC. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF Registration)(Young, R.) |
Filing 58 Defendant's MOTION to Withdraw as Attorney and Memorandum in Support by Attorney Leeor Neta filed by Defendant Fluent LLC. (Attachments: #1 Text of Proposed Order Text of proposed Order) Motions referred to Paul M. Warner.(Young, R.) |
Filing 61 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Initial Pretrial Conference held on 6/26/2018. Counsel present. Court hears statements from counsel regarding scheduling. Parties are ordered to file an Attorney Planning Meeting Report within 14 days of ruling on pending dispositive motion if necessary. Attorney for Plaintiff: Jordan K. Cameron, Attorney for Defendant: R. Scott Young. Court Reporter: electronic.(Time Start: 2:04:45, Time End: 2:13:59, Room 7.400.)(jds) |
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Filing 56 MOTION for Extension of Time to File Response/Reply as to #2 Complaint and Memorandum in Support filed by Plaintiff XMission. (Attachments: #1 Text of Proposed Order Granting Motion to Extend) Motions referred to Paul M. Warner.(Cameron, Jordan) Modified by correcting event type on 6/15/2018 (dla). |
Filing 55 NOTICE OF DEFICIENCY re #54 Notice (Other). Pursuant to DUCivR 83-6, any extensions of time must be approved by court order: parties must create and file a motion and proposed order requesting the deadline extension, filed using the "Motions" filing event with "Extension of Time to File Answer" selected as the motion relief. The clerk requests the filer of the original document to file the documents requested. The new pleading will receive a new document number on the docket. (alt) |
Filing 54 NOTICE of Extension of Time to Respond to Complaint by XMission (Cameron, Jordan) |
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Filing 51 REQUEST to Submit for Decision re #22 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Fluent LLC. (English, Maralyn) |
Filing 50 REPLY to Response to Motion re #22 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Fluent LLC. (English, Maralyn) |
Filing 49 REQUEST to Submit for Decision re #22 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff XMission. (Cameron, Jordan) |
Filing 48 NOTICE of Extension of Time to Respond to Complaint by XMission (Cameron, Jordan) |
Reset Hearings: Initial Pretrial Conference reset for 6/26/2018 at 02:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Refer to docket entry 28 for further instruction regarding this hearing. (jds) |
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Filing 46 **SEALED DOCUMENT** re #44 Memorandum in Opposition to Motion, #22 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff XMissionNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - Ashdown Declaration)(Cameron, Jordan) |
Filing 45 MOTION to Seal Document #44 Memorandum in Opposition to Motion and Memorandum in Support filed by Plaintiff XMission. (Attachments: #1 Text of Proposed Order on Motion to File Exhibits Under Seal)(Cameron, Jordan) |
Filing 44 Amended MEMORANDUM in Opposition re #22 MOTION to Dismiss for Lack of Jurisdiction REDACTED filed by Plaintiff XMission. (Attachments: #1 Exhibit A - Ashdown Declaration)(Cameron, Jordan) |
Filing 43 Redacted MEMORANDUM in Opposition re #22 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff XMission. (Attachments: #1 Exhibit A - Declaration of Peter L. Ashdown)(Cameron, Jordan) |
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Filing 41 After review of the case, case reassigned to District Judge per 40 Docket Text Order. Case randomly assigned to Judge Robert J. Shelby. Magistrate Judge Dustin B. Pead no longer assigned to the case. (las) |
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Filing 39 MOTION to Lift Stay (ECF No. 35) re 35 Order on Motion to Stay,, Order on Motion for Extension of Time to File Response/Reply, and Memorandum in Support filed by Defendant Fluent LLC. (Attachments: #1 Exhibit A- Declaration of Leeor Neta)(Young, R.) |
Filing 38 STATUS REPORT Re: Motion to Dismiss by Fluent LLC. (Young, R.) |
Filing 37 NOTICE of Extension of Time to Respond to Complaint by XMission re #2 Complaint (Cameron, Jordan) |
Filing 36 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by XMission as to Affiliati Network, The served on 4/4/2018, answer due 4/25/2018. (Cameron, Jordan) |
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Filing 34 REQUEST to Submit for Decision re #27 MOTION to Stay and Memorandum in Support MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Plaintiff XMission. (Cameron, Jordan) |
Filing 33 REPLY to Response to Motion re #27 MOTION to Stay and Memorandum in Support MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Plaintiff XMission. (Cameron, Jordan) |
Filing 32 AFFIDAVIT/DECLARATION of Leeor Neta in Opposition re #27 MOTION to Stay and Memorandum in Support MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Defendant Fluent LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Neta, Leeor) |
Filing 31 RESPONSE to Motion re #27 MOTION to Stay and Memorandum in Support MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Defendant Fluent LLC. (Neta, Leeor) |
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Filing 29 MOTION to Expedite Briefing and Memorandum in Support filed by Plaintiff XMission. (Attachments: #1 Text of Proposed Order Granting Motion to Expedite Briefing)(Cameron, Jordan) |
Filing 28 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/usdc-forms, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/attorney-planning-meeting-and-reportIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at #ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 6/13/2018 at 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds) |
Filing 27 MOTION to Stay and Memorandum in Support , MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Plaintiff XMission. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Proof of Service, #3 Exhibit C - Letter Motion, #4 Exhibit D - Response Letter)(Cameron, Jordan) |
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Filing 25 Modification of Docket: re #24 Ex Parte (Not Sealed) MOTION to Stay and Memorandum in Support or Extension of Time to Respond to Fluent's Motion to Dismiss MOTION for Extension of Time to File Answer. The document is a two part motion. The Motion for extension of time to file answer was added. (las) |
Modification of Docket re #24 Ex Parte (Not Sealed) MOTION to Stay, MOTION for Extension of Time to File Response/Reply re #22 MOTION to Dismiss for Lack of Jurisdiction. Error: The wrong motion relief, "Extension of Time to File Answer" was selected to 'correct' the entry. Correction: The second motion relief has been corrected to "Extension of Time to File Response/Reply" and entry text edited accordingly. (alt) |
Filing 24 Ex Parte (Not Sealed) MOTION to Stay, MOTION for Extension of Time to File Response/Reply re #22 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiff XMission. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Proof of Service, #3 Exhibit C - Letter Motion, #4 Exhibit D - Response Letter)(Cameron, Jordan). Added MOTION for Extension of Time to File Answer on 3/26/2018 (las). Modified on 3/26/2018: corrected second relief to "Extension of Time to File Response/Reply re #22 MOTION to Dismiss for Lack of Jurisdiction" and corrected entry text (alt) |
Filing 23 AFFIDAVIT/DECLARATION of Daniel J Barsky in Support re #22 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Fluent LLC. (English, Maralyn) |
Filing 22 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Fluent LLC. (Attachments: #1 Exhibit A - Fluent Complaint for Declaratory Relief)(English, Maralyn) |
Filing 21 NOTICE of Appearance by R. Scott Young on behalf of Fluent LLC (Young, R.) |
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Filing 19 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (las) |
Filing 18 NOTICE OF ADR, e-mailed or mailed to Defendant Fluent LLC, Plaintiff XMission. (las) |
Filing 17 MOTION for Admission Pro Hac Vice of Leeor Neta , Registration fee $ 250, receipt number 1088-2963935, filed by Defendant Fluent LLC. (Attachments: #1 Exhibit A - PHV Application, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order)(English, Maralyn) |
Filing 16 NOTICE of Appearance by Maralyn M. English on behalf of Fluent LLC (English, Maralyn) |
Filing 15 NOTICE of Extension of Time to Respond to Complaint by XMission re #2 Complaint (Cameron, Jordan) |
Filing 14 NOTICE of Extension of Time to Respond to Complaint by XMission re #2 Complaint (Cameron, Jordan) |
Filing 13 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by XMission as to 9 Four One Media served on 3/2/2018, answer due 3/23/2018. (Cameron, Jordan) |
Filing 12 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by XMission as to Agora Financial served on 3/2/2018, answer due 3/23/2018. (Cameron, Jordan) |
Filing 11 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by XMission as to Above All Offers served on 3/1/2018, answer due 3/22/2018. (Cameron, Jordan) |
Filing 10 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by XMission as to Fluent LLC served on 3/1/2018, answer due 3/22/2018. (Cameron, Jordan) |
Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Fluent LLC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) |
Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Above All Offers. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) |
Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Affiliati Network, The. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Agora Financial. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to 9 Four One Media. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
Filing 4 **SEALED DOCUMENT** re #2 Complaint filed by Plaintiff XMissionNOTE: Filer is instructed to serve the sealed document on all other parties.. (Cameron, Jordan) |
Filing 3 MOTION for Leave to File Sealed Document re #2 Complaint filed by Plaintiff XMission. (Cameron, Jordan) |
Filing 2 COMPLAINT REDACTED against All Defendants (Filing fee $ 400, receipt number 1088-2948882) filed by XMission. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (Cameron, Jordan) |
Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiff XMission 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. (nl) |
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