Kelley et al v. Nintendo of America, Inc. et al
Plaintiff: Shannon Kelley and Spencer Kelley
Defendant: Nintendo of America, Inc. and Kroger Co, The
Case Number: 2:2018cv00637
Filed: August 14, 2018
Court: US District Court for the District of Utah
Office: Central Office
County: Utah
Presiding Judge: Dee Benson
Referring Judge: Evelyn J Furse
2 Judge: Dustin B Pead
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 5, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2018 Filing 21 ANSWER to #18 Crossclaim filed by Nintendo of America, Inc..(Welch, Benjamin)
October 4, 2018 Opinion or Order Filing 20 ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dee Benson on 10/4/2018. (reb)
September 25, 2018 Filing 19 STIPULATION Re: Selectionof Mediator by Shannon Kelley, Spencer Kelley. (Anderson, Jared)
September 14, 2018 Filing 18 CROSSCLAIM against Nintendo of America, Inc. filed by Kroger Co, The. (Edwards, Stephen)
September 11, 2018 Opinion or Order Filing 17 ORDER granting #16 Motion for ADR - Mediation. Signed by Judge Dee Benson on 9/11/2018. (mas)
September 10, 2018 Filing 16 MOTION for ADR - Mediation filed by Plaintiffs Shannon Kelley, Spencer Kelley. (Attachments: #1 Exhibit A)(Nelson, Perris)
August 29, 2018 Filing 15 File Downloaded from XChangeWEB for 4th District Court, Utah County, consisting of copies of docket sheet and documents filed in state court (Attachments: #1 State Court Complaint, #2 State Court Service Executed re Kroger, #3 State Court Service Executed re Nintendo, #4 State Court Ntc of Removal) (alt)
August 28, 2018 Opinion or Order Filing 14 DOCKET TEXT ORDER OF RECUSAL: Judge David Nuffer recused. Case reassigned to Judge Dee Benson for all further proceedings - case number is now 2:18cv00637 DB. So ordered by Judge David Nuffer on 8/28/18 (docket text only - no attached document) (alt)
August 27, 2018 Filing 13 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge David Nuffer. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (las)
August 27, 2018 Filing 12 RECEIVED Consent/Reassignment Form from Defendant Nintendo of America, Inc.. (las)
August 27, 2018 Filing 11 RECEIVED Consent/Reassignment Form from Plaintiffs Shannon Kelley, Spencer Kelley. (las)
August 23, 2018 Filing 10 NOTICE of Appearance by Andrea M. Keysar on behalf of Kroger Co, The (Keysar, Andrea)
August 21, 2018 Filing 9 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Nintendo of America, Inc. identifying Nintendo Co., Ltd. as Corporate Parent. (Welch, Benjamin)
August 21, 2018 Filing 8 ANSWER to Complaint with Jury Demand filed by Nintendo of America, Inc..(Welch, Benjamin)
August 20, 2018 Filing 7 ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Kroger Co, The. (Edwards, Stephen)
August 16, 2018 Filing 6 RECEIVED Consent/Reassignment Form from Defendant Kroger Co, The. (las)
August 15, 2018 Opinion or Order Filing 5 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Evelyn J. Furse on 8/15/2018. (las)
August 15, 2018 Filing 4 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendant Nintendo of America, Inc.. Form due by 8/30/2018. (tlh)
August 15, 2018 Filing 3 NOTICE OF ADR, e-mailed or mailed to Plaintiffs Shannon Kelley, Spencer Kelley, Defendants Kroger Co, The, Nintendo of America, Inc.. (tlh)
August 14, 2018 Filing 2 NOTICE OF REMOVAL from Fourth District Utah County, case number 180401149, (Filing fee $ 400, receipt number 1088-3078772) filed by Nintendo of America, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Kroger's Consent to Removal, #2 Exhibit Exhibit 2 - State Court Notice of Removal, #3 Exhibit Exhibit 3 - Complaint, #4 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Evelyn J. Furse (Welch, Benjamin)
August 14, 2018 Filing 1 Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Defendant Nintendo of America, Inc. is directed to E-File the Notice of Removal 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. (tlh)

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Plaintiff: Shannon Kelley
Represented By: Jared L. Anderson
Represented By: Thomas W. Seiler
Represented By: Perris E. Nelson
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Plaintiff: Spencer Kelley
Represented By: Jared L. Anderson
Represented By: Thomas W. Seiler
Represented By: Perris E. Nelson
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Defendant: Nintendo of America, Inc.
Represented By: Benjamin Tim Welch
Represented By: Tracy H. Fowler
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Defendant: Kroger Co, The
Represented By: Stephen F. Edwards
Represented By: Andrea M. Keysar
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