Herron v. Kearns et al
Plaintiff: Steven E. Herron
Defendant: Chris Kesler, Phaze II, Scott L. Kearns and Kristie Kearns
Case Number: 2:2018cv00979
Filed: December 28, 2018
Court: U.S. District Court for the District of Utah
Presiding Judge: Bruce S Jenkins
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 February 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2019 Filing 20 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference held on 2/22/2019. Approved minute entry to follow pending Judge Jenkins' Attorney for Plaintiff: John V. Mayer, Attorney for Defendant: Ron Price. Court Reporter: Laura Robinson.(kpf)
February 19, 2019 Filing 19 REQUEST to Submit for Decision re #12 Plaintiff's MOTION to Dismiss and Memorandum in Support filed by Plaintiff Steven E. Herron. (Mayer, John)
February 11, 2019 Filing 18 NOTICE OF HEARING: Status Conference set for 2/22/2019 at 01:10 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms)
February 4, 2019 Opinion or Order Filing 17 ORDER OF RECUSAL Judge Robert J. Shelby recused. Case reassigned to Judge Bruce S. Jenkins for all further proceedings. Signed by Judge Robert J. Shelby on 2/4/19. (dla)
February 4, 2019 Filing 16 The deadline for submission of Consent/Reassignment Forms has now passed. One or more of the parties did not file, therefore the case is no longer eligible for magistrate assignment. Case randomly assigned to Judge Robert J. Shelby. Magistrate Judge Brooke C. Wells no longer assigned to the case. (las)
January 28, 2019 Opinion or Order Filing 15 ORDER granting #14 Motion for Extension of Time to File Response/Reply. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Plaintiffs Motion to Extend Time to File Memorandum in Opposition to Defendants Motion to Dismiss is granted, and the filing date for Plaintiffs Memorandum in Opposition shall be extended until such time as the Court decides Plaintiffs Motion for Leave to Dismiss Pursuant to Rule 41(a). In the event the Court denies Plaintiffs Motion for Leave to Dismiss Pursuant to Rule 41(a), Plaintiff shall file a response to Defendants Motion to Dismiss within seven (7) days of entry of the Courts order. In the event the Court grants Plaintiffs Motion for Leave to Dismiss Pursuant to Rule 41(a), no response to Defendants Motion to Dismiss will be necessary. Signed by Magistrate Judge Brooke C. Wells on 1/26/2019. (las)
January 25, 2019 Filing 14 Plaintiff's MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Steven E. Herron. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Extend Time)(Mayer, John)
January 25, 2019 Filing 13 NOTICE of Voluntary Dismissal filed by Plaintiff Steven E. Herron (Mayer, John)
January 25, 2019 Filing 12 Plaintiff's MOTION to Dismiss and Memorandum in Support filed by Plaintiff Steven E. Herron. (Mayer, John)
January 22, 2019 Opinion or Order Filing 11 ORDER granting #10 Motion for Extension of Time to File Response/Reply re #7 MOTION to Dismiss. Responses due by 1/25/2019. Signed by Magistrate Judge Brooke C. Wells on 1/21/2019. (las)
January 18, 2019 Filing 10 Stipulated MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss filed by Plaintiff Steven E. Herron. (Attachments: #1 Text of Proposed Order)(Mayer, John)
January 16, 2019 Filing 9 RECEIVED Consent/Reassignment Form from Defendants Kristie Kearns, Scott L. Kearns, Chris Kesler, Phaze II. (las)
January 15, 2019 Filing 8 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #4 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las)
January 4, 2019 Filing 7 MOTION to Dismiss filed by Defendants Kristie Kearns, Scott L. Kearns, Chris Kesler, Phaze II. (Attachments: #1 Exhibit Derivative Complaint)(Kerr, Jason)
December 28, 2018 Filing 6 Modification of Docket: re #5 MOTION to Consolidate Cases . Any motion pursuant to DUCivR 42-1 (Consolidation of Civil Cases) must be filed in the lower-numbered case, and a notice of the motion must be filed in all other cases which are sought to be consolidated. Per this rule, the motion has been terminated in this case and the event has been changed to a NOTICE. (jds)
December 28, 2018 Filing 5 NOTICE MOTION to Consolidate Cases filed by Defendants Kristie Kearns, Scott L. Kearns, Chris Kesler, Phaze II. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer)(Kerr, Jason) Modified on 12/28/2018 (jds).
December 28, 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 [email protected] 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Steven E. Herron, Defendants Kristie Kearns, Scott L. Kearns, Chris Kesler, Phaze II. Form due by 1/14/2019. (nl)
December 28, 2018 Filing 3 NOTICE OF ADR, e-mailed or mailed to Plaintiff Steven E. Herron, Defendants Kristie Kearns, Scott L. Kearns, Chris Kesler, Phaze II. (nl)
December 28, 2018 Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 180908722, (Filing fee $ 400, receipt number 1088-3172425) filed by Scott L. Kearns, Kristie Kearns, Chris Kesler, Phaze II. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1 - Complaint, #3 Exhibit 2 - Returns of Service) Assigned to Magistrate Judge Brooke C. Wells (Kerr, Jason)
December 28, 2018 Filing 1 Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Defendants Kristie Kearns, Scott L. Kearns, Chris Kesler, Phaze II 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. (nl)

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Defendant: Chris Kesler
Represented By: Alan Dunaway
Represented By: Jason M. Kerr
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Defendant: Phaze II
Represented By: Alan Dunaway
Represented By: Jason M. Kerr
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Defendant: Scott L. Kearns
Represented By: Alan Dunaway
Represented By: Jason M. Kerr
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Defendant: Kristie Kearns
Represented By: Alan Dunaway
Represented By: Jason M. Kerr
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Plaintiff: Steven E. Herron
Represented By: John V. Mayer
Represented By: Ryan M. Nord
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