Western States Business Management v. Sal Management Group et al
| Western States Business Management |
| Sal Management Group and Legacy Health Care |
| 2:2018cv00817 |
| October 19, 2018 |
| US District Court for the District of Utah |
| Robert J Shelby |
| Brooke C Wells |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 17, 2018. A more recent docket listing may be available from PACER.
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Filing 26
DOCKET TEXT ORDER. Before the court is Plaintiff Western States Business Management, LLC's Motion for Protective Order, docket entry #16 . The court hereby grants in part and denies in part Plaintiff's Motion. In its previous Order, docket entry 19 , the court denied Plaintiff's Motion with respect to Defendants', Sal Management Group, LLC, as well as Legacy Health Care, Inc., discovery request-Interrogatory 3. Presently, the court grants Plaintiff's Motion with respect to Defendants' discovery requests: Interrogatory 8, Requests for Production 4, 5, and 11, and Deposition Notices for Aspire Home Health and Aspire Hospice. This order is limited in scope and applies only to discovery in the context of Plaintiff's Preliminary Injunction. Accordingly, the parties have not waived any arguments during the course of expedited discovery. Signed by Judge Robert J. Shelby on 12/17/2018. No attached document. (mjm)
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| Filing 25 Plaintiff's REPLY to Response to Motion re #16 MOTION for Protective Order and Memorandum in Support MOTION to Expedite decision and Memorandum in Support filed by Plaintiff Western States Business Management. (Zenger, Todd) |
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Filing 24
Motions No Longer Referred: #16 MOTION for Protective Order and Memorandum in Support MOTION to Expedite decision and Memorandum in Support will be handled by district judge since it is related to the Preliminary Injunction. (yd)
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| Filing 23 Plaintiff's ANSWER to #14 Counterclaim of Defendants filed by Western States Business Management.(Zenger, Todd) |
| Filing 22 Defendant's MEMORANDUM in Opposition re #16 MOTION for Protective Order and Memorandum in Support MOTION to Expedite decision and Memorandum in Support filed by Defendants Legacy Health Care, Sal Management Group. (Attachments: #1 Exhibit A - 12-4-18 letter from T Zenger, #2 Exhibit B - 12-8-18 email from T Zenger)(Johnson, David) |
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Filing 21
ORDER granting #20 Stipulated Motion for Extension of Time for Defendants to Oppose Plaintiff's Motion for Preliminary Injunction: If the Court grants the Motion for Protective Order, Defendants may have until ten daysafter the order granting the Motion for a Protective Order to file their opposition to Plaintiff's motion for preliminary injunction. Signed by Magistrate Judge Brooke C. Wells on 12/10/18. (dla)
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| Filing 20 Stipulated MOTION for Extension of Time to oppose motion for preliminary injunction and Memorandum in Support filed by Defendants Legacy Health Care, Sal Management Group. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Johnson, David) |
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Filing 19
DOCKET TEXT ORDER. No attached document. Plaintiff Western States Business Management, LLC filed a Motion for Protective Order, docket entry #16 . The court directs Defendants Sal Management Group, LLC and Legacy Health Care, Inc. to submit no later than Monday, December 10, 2018, a short form response with respect to Western States' objections to: Interrogatory 8, Requests for Production 4, 5, and 11, and Deposition Notices for Aspire Home Health and Aspire Hospice. The Motion for Protective Order is DENIED as to all discovery requests not listed above. Plaintiff may, at its election, provide a short form reply no later than Wednesday, December 12, 2018. Signed by Judge Robert J. Shelby on 12/6/2018. (mjm)
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Filing 18
HPAA QUALIFIED PROTECTIVE ORDER as Addendum to Standard Protective Order. Signed by Magistrate Judge Brooke C. Wells on 12/5/18. (dla)
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| Filing 17 Motions No Longer Referred: #16 MOTION for Protective Order and Memorandum in Support MOTION to Expedite decision and Memorandum in Support will be addressed by the district judge since discovery issues raised pertain to pending Preliminary Injunction. (yd) |
| Filing 16 MOTION for Protective Order and Memorandum in Support , MOTION to Expedite decision and Memorandum in Support filed by Plaintiff Western States Business Management. (Attachments: #1 Exhibit 1- Def Interrogatories, #2 Exhibit 2- Def Document Requests, #3 Exhibit 3- Notice of Depos - Aspire Home Health, #4 Exhibit 4- Notice of Depos - Aspire Hospice, #5 Text of Proposed Order) Motions referred to Brooke C. Wells.(Zenger, Todd) |
| Filing 15 Joint MOTION and Memorandum in Support for Entry of HIPAA Qualified Protective Order as Addendum to Standard Protective Order filed by Defendants Legacy Health Care, Sal Management Group. (Attachments: #1 Text of Proposed Order Granting Addendum to Standard Protective Order) Motions referred to Brooke C. Wells.(Lorimer, Brent) |
| Filing 14 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Western States Business Management filed by Legacy Health Care, Sal Management Group.(Lorimer, Brent) |
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Filing 13
ORDER granting #10 Defendants' Motion for Expedited Discovery. Signed by Judge Robert J. Shelby on 11/15/18. (dla)
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 11/15/2018. (mjm)
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| Filing 11 AFFIDAVIT/DECLARATION of David P. Johnson in Support re #10 MOTION for Discovery and Memorandum in Support filed by Defendants Legacy Health Care, Sal Management Group. (Attachments: #1 Exhibit 1 Letter to T. Zenger, #2 Exhibit 2 Email to T. Zenger) Attorney David P. Johnson added to party Legacy Health Care(pty:dft), Attorney David P. Johnson added to party Sal Management Group(pty:dft)(Johnson, David) |
| Filing 10 MOTION for Discovery and Memorandum in Support filed by Defendants Legacy Health Care, Sal Management Group. (Attachments: #1 Exhibit A Defendants' First Set of Interrogatories to Plaintiff, #2 Exhibit B Defendants' First Set of Requests for Production of Documents to Plaintiff, #3 Text of Proposed Order Granting Expedited Discovery)(Lorimer, Brent) |
| Filing 9 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Western States Business Management as to Legacy Health Care served on 10/22/2018, answer due 11/19/2018. (Zenger, Todd) |
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Filing 8
ORDER granting #7 Motion for Extension of Time to Answer re #2 Complaint, #6 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support . Answer deadline updated for Legacy Health Care answer due 11/19/2018; Sal Management Group answer due 11/19/2018. Opposition to Motion for Preliminary Injunction due by 11/19/18. Signed by Judge Robert J. Shelby on 11/2/18. (jlw)
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| Filing 7 Stipulated MOTION for Extension of Time for filing Responses to Complaint and Motion for Preliminary Injunction and Memorandum in Support filed by Defendants Legacy Health Care, Sal Management Group. (Attachments: #1 Text of Proposed Order Granting Extension of Time) Attorney Brent P. Lorimer added to party Legacy Health Care(pty:dft), Attorney Brent P. Lorimer added to party Sal Management Group(pty:dft)(Lorimer, Brent) Modified on 11/2/2018 by changing from motion for extension of time to motion for extension of time to file an answer and response to motion. (jlw). |
| Set/Reset Deadlines: Responses due by 11/19/2018. (jlw) |
| Filing 6 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Western States Business Management. (Attachments: #1 Exhibit 1 - Declaration - Paul Fairholm, #2 Exhibit 2 - Declaration - Kristina Carter, #3 Exhibit 3 - Declaration - Cory Hafen, #4 Exhibit 3 - 1 - Declaration - Cory Hafen - Ex 1, #5 Exhibit 3 - 2 - Declaration - Cory Hafen - Ex 2, #6 Exhibit 3 - 3 - Declaration - Cory Hafen - Ex 3, #7 Exhibit 3 - 3 - a - Declaration - Cory Hafen - Ex 3a, #8 Exhibit 3 - 3 - b - Declaration - Cory Hafen - Ex 3b, #9 Exhibit 3 - 4 - Declaration - Cory Hafen - Ex 4, #10 Exhibit 3 - 5 - Declaration - Cory Hafen - Ex 5, #11 Exhibit 3 - 6 - Declaration - Cory Hafen - Ex 6, #12 Exhibit 3 - 7 - Declaration - Cory Hafen - Ex 7, #13 Exhibit 4 - Declaration - Jay Robb, #14 Exhibit 4 - 1 - Declaration - Jay Robb - Ex 1, #15 Exhibit 5 - Declaration - Cathy Lewis, #16 Exhibit 6 - Declaration - Dan Joos, #17 Exhibit 7 - Declaration - Deloy Jensen, #18 Exhibit 8 - Declaration - Halene Draper, #19 Exhibit 9 - Declaration - JR Nelson, #20 Exhibit 10 - Declaration - LaMona Brown, #21 Exhibit 11 - Declaration - LaRae McDonald, #22 Exhibit 12 - Declaration - Lloyd Smith, #23 Exhibit 13 - Declaration - Lynda Keddington, #24 Exhibit 14 - Declaration - Marilyn O'Gwin, #25 Exhibit 15 - Declaration - Mark Berrett, #26 Exhibit 16 - Declaration - Melinda Orth, #27 Exhibit 17 - Declaration - Patricia Orr, #28 Exhibit 18 - Declaration - Patty Seibold, #29 Exhibit 19 - Declaration - Val Beazer, #30 Exhibit 20 - Declaration - Vance Harrison, #31 Exhibit 21 - Declaration - Willaim Thorsted, #32 Exhibit 22 - sal management group, llc - utah business records, #33 Exhibit 23 - Declaration - Colton Balmforth, #34 Exhibit 24 - Declaration - Meagan Siler, #35 Exhibit 25 - Declaration - Hayden Neerings, #36 Exhibit 26 - Declaration - Sheena Chipman, #37 Exhibit 27 - legacy health care, inc - utah business record, #38 Text of Proposed Order)(Zenger, Todd) |
| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Legacy Health Care. 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 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Sal Management 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. (tlh) |
| Filing 3 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Copy of Complaint) (tlh) |
| Filing 2 COMPLAINT for Trademark Infringement and other causes of action against All Defendants (Filing fee $ 400, receipt number 1088-3128258) filed by Western States Business Management. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Robert J. Shelby (Zenger, Todd) |
| Filing 1 Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiff Western States Business Management 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. (tlh) |
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