Ionracas v. Apex Energy Group

Plaintiff: Ionracas
Defendant: Apex Energy Group
Case Number: 2:2018cv00746
Filed: September 19, 2018
Court: US District Court for the District of Utah
Presiding Judge: Jill N Parrish
Nature of Suit: Contract: Franchise
Cause of Action: 28:2201
Jury Demanded By: None

Docket Report

This docket was last retrieved on November 16, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2018 Filing 39 NOTICE VACATING PRELIMINARY INJUNCTION HEARING set for 11/28/18 at 9:30am before Judge Jill N. Parrish (Notice generated by ss) (ss)
November 16, 2018 Opinion or Order Filing 38 ORDER granting #37 Stipulated MOTION to Continue Preliminary Injunction Hearing and Extend Temporary Restraining Order. the Preliminary Injunction hearing presently scheduled for Wednesday, November 28, 2018 shall be continued until such time as either of the parties requests a new hearing date, with the hearing to be rescheduled at least 30 days after such request. Temporary Restraining Order issued on September 21, 2018 shall be extended until further order of the Court. Signed by Judge Jill N. Parrish on 11/16/2018. (jds)
November 16, 2018 Filing 37 Stipulated MOTION to Continue Preliminary Injunction Hearing and Extend Temporary Restraining Order and Memorandum in Support filed by Plaintiff Ionracas. (Attachments: #1 Text of Proposed Order A - Proposed Order)(Francis, Lewis)
November 5, 2018 Filing 36 NOTICE OF HEARING: (Notice generated by ss) Preliminary Injunction Hearing set for 11/28/2018 at 09:30 AM in Rm 8.200. (ss)
November 2, 2018 Opinion or Order Filing 35 ORDER granting #34 Stipulated MOTION to Continue Preliminary Injunction Hearing & Extend TRO. Preliminary Injunction hearing presently scheduled for Thursday, November 8, 2018 be rescheduled for November 28, 2018, or at the next mutually convenient available date thereafter. Temporary Restraining Order issued on September 21, 2018, shall be extended until further order of the Court. Signed by Judge Jill N. Parrish on 11/2/2018. (jds)
November 2, 2018 Filing 34 Stipulated MOTION to Continue Preliminary Injunction Hearing & Extend TRO and Memorandum in Support filed by Plaintiff Ionracas. (Attachments: #1 Text of Proposed Order A - Proposed Order)(Francis, Lewis)
October 26, 2018 Opinion or Order Filing 33 DOCKET TEXT ORDER: The court orders the parties to file a list of witnesses to be called at the November 8, 2018 preliminary injunction hearing. The parties must also file a list of exhibits that will be proffered at the hearing. The witness lists and exhibit lists must be filed by November 2, 2018. Signed by Judge Jill N. Parrish on 10/26/18. No attached document.(ksb)
October 22, 2018 Filing 32 Remark: At the preliminary injunction hearing, each side shall have a total of three hours to present witness testimony and cross-examine witnesses presented by the opposing party. (ksb)
October 22, 2018 Filing 31 NOTICE OF HEARING: (Notice generated by ss) Preliminary Injunction Hearing set for 11/8/2018 at 09:00 AM in Rm 8.200.
October 22, 2018 Opinion or Order Filing 30 MEMORANDUM DECISION AND ORDER denying #20 Defendant Apex Energy Group LLCs Motion to Dismiss. Signed by Judge Jill N. Parrish on 10/22/2018. (jds)
October 22, 2018 Opinion or Order Filing 29 ORDER denying #11 Motion to transfer this case to the Southern District of Ohio, Western Division. Signed by Judge Jill N. Parrish on 10/22/2018. (jds)
October 5, 2018 Filing 28 REPLY to Response to Motion re #11 Defendant's MOTION to Change Venue to the Southern District of Ohio filed by Defendant Apex Energy Group. (Reynolds, Charles)
October 5, 2018 Filing 27 REPLY to Response to Motion re #20 MOTION to Dismiss and Memorandum in Support filed by Defendant Apex Energy Group. (Reynolds, Charles)
October 2, 2018 Filing 26 Plaintiff's MEMORANDUM in Opposition re #11 Defendant's MOTION to Change Venue to the Southern District of Ohio filed by Plaintiff Ionracas. (Francis, Lewis)
October 2, 2018 Filing 25 Plaintiff's MEMORANDUM in Opposition re #20 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Ionracas. (Attachments: #1 Exhibit A - September 24, 2018 letter, #2 Exhibit B - Email chain between counsel)(Francis, Lewis)
October 2, 2018 Filing 24 NOTICE VACATING PRELIMINARY INJUNCTION HEARING set for 10/4/18 at 8:00 am before Judge Jill N. Parrish (Notice generated by ss) (ss)
October 2, 2018 Deadlines/Hearings terminated - Evidentiary hearing set for 10/4/2018 vacated per #23 Order granting #22 Motion for Extension of Time to extend Temporary Restraining Order. (jwt)
October 2, 2018 Opinion or Order Filing 23 ORDER granting #22 Motion for Extension of Time to extend Temporary Restraining Order. The hearing scheduled for October 4, 208 is hereby vacated. Signed by Judge Jill N. Parrish on 10/2/2018. (jwt)
October 1, 2018 Filing 22 Stipulated MOTION for Extension of Time to extend Temporary Restraining Order and Memorandum in Support filed by Plaintiff Ionracas. (Francis, Lewis)
September 28, 2018 Filing 21 Proposed Witness List & Certificate of Exhibits to Defendant re: Preliminary Injunction hearing by Ionracas. (Francis, Lewis)
September 26, 2018 Filing 20 MOTION to Dismiss and Memorandum in Support filed by Defendant Apex Energy Group. (Reynolds, Charles)
September 25, 2018 Opinion or Order Filing 19 ORDER granting #17 Motion for Admission Pro Hac Vice of Charles Reynolds for Apex Energy Group. 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 Jill N. Parrish on 9/25/2018. (jds)
September 25, 2018 Opinion or Order Filing 18 ORDER granting #16 Motion for Admission Pro Hac Vice of Brian Patrick O'Connor for Apex Energy Group. 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 Jill N. Parrish on 9/25/2018. (jds)
September 24, 2018 Filing 17 MOTION for Admission Pro Hac Vice of Charles E. Reynolds , Registration fee $ 250, receipt number 1088-3110036, filed by Defendant Apex Energy Group. (Attachments: #1 Exhibit Application, #2 Exhibit Registration Form, #3 Text of Proposed Order Order)(Robison, D.)
September 24, 2018 Filing 16 MOTION for Admission Pro Hac Vice of Brian P. Connor , Registration fee $ 250, receipt number 1088-3110035, filed by Defendant Apex Energy Group. (Attachments: #1 Exhibit Application, #2 Exhibit Registration Form, #3 Text of Proposed Order Order)(Robison, D.)
September 21, 2018 Filing 15 Modification of Docket: Error: text left out. Correction: added text re: dates. re 14 Motion Hearing. (ss)
September 21, 2018 Filing 14 Minute Entry for proceedings held before Judge Jill N. Parrish. Motion Hearing held on 9/21/2018 re #6 Plaintiff's Motion for Temporary Restraining Order filed by Ionracas. After hearing from counsel for the parties. Court granted the motion for a TRO. Evidentiary Hearing set for 10/4/2018 at 08:00 AM in Rm 8.200. Court instructed counsel to exchange witness list by the 28th. If any legal memos are to be filed it must be done by 10/2/18 by 5:00pm. Attorney for Plaintiff: Lewis Francis, Attorney for Defendant: Charles Reynolds appearing by telephone. Court Reporter: Patti Walker.(ss) Modified on 9/21/2018 (ss).
September 21, 2018 Opinion or Order Filing 13 TEMPORARY RESTRAINING ORDER AND NOTICE OF FURTHER HEARING: Ionracas's #6 Motion for Temporary Restraining Order is GRANTED. A hearing on the continuation of this Order and on Ionracas's Motion for Temporary Restraining Order and Preliminary Injunction, shall take place on 10/4/2018 at 08:00 AM in Rm 8.200. Signed by Judge Jill N. Parrish on 9/21/18. (dla)
September 21, 2018 Filing 12 Defendant's MEMORANDUM in Opposition re #6 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Defendant Apex Energy Group. (Attachments: #1 Exhibit Exhibits to Motion)(Robison, D.)
September 21, 2018 Filing 11 Defendant's MOTION to Change Venue to the Southern District of Ohio filed by Defendant Apex Energy Group. (Robison, D.)
September 21, 2018 Filing 10 Defendant's MEMORANDUM in Opposition re #6 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Defendant Apex Energy Group. Attorney D. Ryan Robison added to party Apex Energy Group(pty:dft)(Robison, D.)
September 20, 2018 Filing 9 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Ionracas as to Apex Energy Group served on 9/20/2018, answer due 10/11/2018. (Francis, Lewis)
September 20, 2018 Filing 8 NOTICE OF HEARING ON MOTION re: #6 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction : (Notice generated by ss) Motion Hearing set for 9/21/2018 at 09:30 AM in Rm 8.200 before Judge Jill N. Parrish. (ss)
September 20, 2018 Filing 7 AFFIDAVIT/DECLARATION of Jared Bringhurst in Support re #6 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Plaintiff Ionracas. (Attachments: #1 Exhibit A - Memorandum of Understanding, #2 Exhibit B - September 14, 2018 emails)(Francis, Lewis)
September 20, 2018 Filing 6 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Plaintiff Ionracas. (Attachments: #1 Text of Proposed Order A - Proposed Order re TRO & Notice of Further Hearing, #2 Text of Proposed Order B - Proposed Order re: Motion for Preliminary Injunction)(Francis, Lewis)
September 19, 2018 Filing 5 After review of the case, case reassigned to District Court Judge per 4 Docket Text Order. Case randomly assigned to Judge Jill N. Parrish. Magistrate Judge Brooke C. Wells no longer assigned to the case. (las)
September 19, 2018 Opinion or Order Filing 4 DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Pursuant to court policy, Plaintiff's filing of a Complaint seeking injunctive relief renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Brooke C. Wells on 9/19/18. (docket text order, no attached document)(mjw)
September 19, 2018 Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Apex Energy Group. 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)
September 19, 2018 Filing 2 COMPLAINT (Verified) for Injunctive Relief against Apex Energy Group (Filing fee $ 400, receipt number 1088-3106502) filed by Ionracas. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1 - Franchise Agreement, #3 Exhibit 2 - Modification Agreement, #4 Exhibit 3 - September 13, 2018 Letter, #5 Exhibit 4 - Forbearance Agreement, #6 Exhibit 5 - Wire Confirmation, #7 Exhibit 6 - September 18, 2018 Email) Assigned to Magistrate Judge Brooke C. Wells (Francis, Lewis)
September 19, 2018 Filing 1 Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Plaintiff Ionracas 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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Defendant: Apex Energy Group
Represented By: Charles E. Reynolds
Represented By: Brian Patrick O'Connor
Represented By: D. Ryan Robison
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Plaintiff: Ionracas
Represented By: Lewis M. Francis
Represented By: Elizabeth Mary Butler
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