Scott Leigh Kearns Trust, The v. HK Management Services et al
Plaintiff: Scott Leigh Kearns Trust, The
Defendant: HK Management Services and Coda Technologies
Counter Defendant: Scott Leigh Kearns, Chris Kesler, Emily Kesler, Kristie Kearns and Phaze II
Case Number: 2:2018cv00978
Filed: December 28, 2018
Court: US District Court for the District of Utah
Presiding Judge: Ted Stewart
Referring Judge: Brooke C Wells
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 25, 2019 Filing 26 NOTICE of Voluntary Dismissal filed by Counter Claimants Coda Technologies, HK Management Services (Scofield, David)
January 22, 2019 Opinion or Order Filing 25 ORDER granting #24 Motion for Extension of Time to File Response/Reply re #14 MOTION to Dismiss Counterclaims Replies due by 1/25/2019. Signed by Magistrate Judge Brooke C. Wells on 1/22/19. (jlw)
January 18, 2019 Filing 24 Stipulated MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss Counterclaims filed by Counter Claimants Coda Technologies, HK Management Services. (Attachments: #1 Exhibit A; Stipulated Proposed Form of Order) Motions referred to Brooke C. Wells.(Scofield, David)
January 18, 2019 Filing 23 MOTION to Dismiss Plaintiff's Claim Without Prejudice Pursuant to Rule 41(a)(2) filed by Plaintiff Scott Leigh Kearns Trust, The. (Kerr, Jason)
January 15, 2019 Filing 22 Defendant's MEMORANDUM in Opposition re #4 MOTION to Consolidate Cases filed by Defendants Coda Technologies, HK Management Services. (Scofield, David)
January 15, 2019 Filing 21 Defendant's MEMORANDUM in Opposition re #8 MOTION to Amend/Correct Realign the Parties filed by Defendants Coda Technologies, HK Management Services. (Scofield, David)
January 14, 2019 Filing 20 NOTICE of to Submit for Decision on Motion to Disquality and Request for Oral Agrument by Kristie Kearns, Scott Leigh Kearns, Chris Kesler, Emily Kesler, Phaze II, Scott Leigh Kearns Trust, The re #3 MOTION to Disqualify Counsel (Kerr, Jason)
January 11, 2019 Filing 19 REPLY to Response to Motion re #3 MOTION to Disqualify Counsel From Representing Defendants/Counterclaim Plaintiffs filed by Counter Defendants Scott Leigh Kearns, Chris Kesler, Emily Kesler, Phaze II, Scott Leigh Kearns Trust, The, Plaintiff Scott Leigh Kearns Trust, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) Attorney Jason M. Kerr added to party Phaze II(pty:cd)(Kerr, Jason)
January 8, 2019 Filing 18 REQUEST to Submit for Decision re #6 Defendant's MOTION to Remand to State Court Third District and Memorandum in Support filed by Defendants Coda Technologies, HK Management Services. (Scofield, David)
January 7, 2019 Filing 17 REQUEST for Oral Argument re #6 Defendant's MOTION to Remand to State Court Third District and Memorandum in Support filed by Counter Defendants Kristie Kearns, Scott Leigh Kearns, Chris Kesler, Emily Kesler, Phaze II, Scott Leigh Kearns Trust, The, Plaintiff Scott Leigh Kearns Trust, The. (Kerr, Jason)
January 4, 2019 Filing 16 Defendant's MEMORANDUM in Opposition re #3 MOTION to Disqualify Counsel filed by Defendant Coda Technologies. (Attachments: #1 Exhibit A; Coda Technologies, Inc. Articles of Incorporation, #2 Exhibit B; Coda Technologies, Inc. Bylaws)(Scofield, David)
January 4, 2019 Filing 15 Defendant's REPLY to Response to Motion re #6 Defendant's MOTION to Remand to State Court Third District and Memorandum in Support filed by Defendant Coda Technologies. (Scofield, David)
January 4, 2019 Filing 14 MOTION to Dismiss Counterclaims filed by Counter Defendants Kristie Kearns, Scott Leigh Kearns, Chris Kesler, Emily Kesler. (Attachments: #1 Exhibit A - Counterclaim, #2 Exhibit B - Agreement, #3 Exhibit C - HK Bylaws, #4 Exhibit D - Coda Bylaws)(Kerr, Jason)
January 4, 2019 Opinion or Order Filing 13 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. Motions referred to Brooke C. Wells. Signed by Judge Ted Stewart on 1/4/2019. (tco)
January 2, 2019 Filing 12 Modification of Docket: Error: The Answer and Counterclaim was docketed and filed against the incorrect parties. Correction: Docket text has been modified to reflect that the Answer and Counterclaim was filed against the Counter Defendants by the Counter Claimants ; answer records corrected. re #11 Answer to Complaint (Notice of Removal), Counterclaim,. (tlh)
January 2, 2019 Filing 11 ANSWER to Complaint and Counterclaim filed in 3rd District Court, Salt Lake County (Notice of Removal #2 ), COUNTERCLAIM against Scott Leigh Kearns Trust, The, Scott Leigh Kearns, Emily Kesler, Chris Kesler, Kristie Kearns and Phase II filed by Coda Technologies and HK Management Services (tlh) Modified on 1/2/2019 by correcting who the Answer was filed against and by whom it was filed. (tlh).
December 31, 2018 Filing 10 NOTICE of of Consent to Removal by Kristie Kearns, Scott Leigh Kearns, Chris Kesler, Emily Kesler, Scott Leigh Kearns Trust, The (Kerr, Jason)
December 30, 2018 Filing 9 REQUEST re #6 Defendant's MOTION to Remand to State Court Third District and Memorandum in Support to Submit for Decision filed by Defendants Coda Technologies, HK Management Services. (Scofield, David)
December 30, 2018 Filing 8 MOTION to Amend/Correct Realign the Parties filed by Counter Defendants Kristie Kearns, Scott Leigh Kearns, Chris Kesler, Emily Kesler, Plaintiff Scott Leigh Kearns Trust, The. (Attachments: #1 Exhibit Complaint, #2 Exhibit Counterclaim, #3 Exhibit Derivative Complaint)(Kerr, Jason)
December 30, 2018 Filing 7 MEMORANDUM in Opposition re #6 Defendant's MOTION to Remand to State Court Third District and Memorandum in Support filed by Counter Defendants Kristie Kearns, Scott Leigh Kearns, Chris Kesler, Emily Kesler, Plaintiff Scott Leigh Kearns Trust, The. (Attachments: #1 Exhibit Exhibit A - Notice of Removal)(Kerr, Jason)
December 28, 2018 Filing 6 Defendant's MOTION to Remand to State Court Third District and Memorandum in Support filed by Defendants Coda Technologies, HK Management Services. (Attachments: #1 Exhibit A; Plaintiff's State Court Complaint, #2 Exhibit B; State Court Affidavit of Service on Defendants, #3 Exhibit C; Defendants' State Court Answer and Counterclaim)(Scofield, David)
December 28, 2018 Opinion or Order Filing 5 ORDER OF RECUSAL Judge Robert J. Shelby recused. Case reassigned to Judge Ted Stewart for all further proceedings. Signed by Judge Robert J. Shelby on 12/28/18. (dla)
December 28, 2018 Filing 4 MOTION to Consolidate Cases filed by Counter Defendants Kristie Kearns, Scott Leigh Kearns, Chris Kesler, Emily Kesler, Plaintiff Scott Leigh Kearns Trust, The. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer)(Kerr, Jason)
December 28, 2018 Filing 3 MOTION to Disqualify Counsel filed by Counter Defendants Kristie Kearns, Scott Leigh Kearns, Chris Kesler, Emily Kesler, Plaintiff Scott Leigh Kearns Trust, The. (Attachments: #1 Affidavit Declaration of Scott Leigh Kearns, #2 Exhibit A - Complaint, #3 Exhibit B - Answer to Tier 1 Complaint and Tier 3 Counterclaim, #4 Exhibit C - Complaint with Exhibit A)(Kerr, Jason)
December 28, 2018 Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 180907880, (Filing fee $ 400, receipt number 1088-3172485) filed by Scott Leigh Kearns Trust, The, Scott Leigh Kearns, Emily Kesler, Chris Kesler, Kristie Kearns. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1 - Answer, #3 Exhibit 2 - Returns of Service) Assigned to Judge Robert J. Shelby (Kerr, Jason)
December 28, 2018 Filing 1 Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiff Scott Leigh Kearns Trust, The 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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Counter defendant: Scott Leigh Kearns
Represented By: Alan Dunaway
Represented By: Jason M. Kerr
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Counter defendant: Chris Kesler
Represented By: Alan Dunaway
Represented By: Jason M. Kerr
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Counter defendant: Emily Kesler
Represented By: Alan Dunaway
Represented By: Jason M. Kerr
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Counter defendant: Kristie Kearns
Represented By: Alan Dunaway
Represented By: Jason M. Kerr
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Counter defendant: Phaze II
Represented By: Jason M. Kerr
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Defendant: HK Management Services
Represented By: David W. Scofield
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Defendant: Coda Technologies
Represented By: David W. Scofield
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Plaintiff: Scott Leigh Kearns Trust, The
Represented By: Alan Dunaway
Represented By: Jason M. Kerr
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