Aarons, Inc et al v. Hagopian et al
| Aarons, Inc and Progressive Finance Holdings |
| Ara Hagopian |
| American First Finance |
| 2:2018mc00799 |
| October 12, 2018 |
| US District Court for the District of Utah |
| Evelyn J Furse |
| David Nuffer |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on December 5, 2018. A more recent docket listing may be available from PACER.
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| Filing 19 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on November 13, 2018 before Judge Evelyn Furse. Court Reporter/Transcriber Kelly Brown Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/26/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/5/2019. (las) |
Filing 18
ORDER denying #2 Motion to Compel. Signed by Magistrate Judge Evelyn J. Furse on 11/14/2018. (mas)
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| Filing 17 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 11/13/2018 re #2 MOTION to Compel American First Finance, Inc. to Comply with Subpoena Duces Tecum and Memorandum in Support MOTION to Expedite Motion to Compel and Memorandum in Support filed by Aarons, Inc, Progressive Finance Holdings. Court hears argument from counsel and TAKES THE MATTER UNDER ADVISEMENT. Court to issue a written decision. Attorney for Plaintiff: Jason Boren, Scott Wiseman, Attorney for Defendant: Adam Hoyt, Donna McElroy. Court Reporter: Electronic.(Time Start: 9:02:40, Time End: 9:42:33, Room 8.400.)(lnp) |
| Filing 16 NOTICE OF HEARING ON MOTION re: #2 MOTION to Compel American First Finance, Inc. to Comply with Subpoena Duces Tecum and Memorandum in Support MOTION to Expedite Motion to Compel and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 11/13/2018 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (lnp) |
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Filing 15
DOCKET TEXT ORDER DENYING #10 Expedited Motion to Strike Dkt. 8-1. The Federal Rules of Civil Procedure do not permit a Motion to Strike in this context. See Searcy v. Soc. Sec. Admin., 956 F.2d 278 (table decision), 1992 WL 43490, at *2 (10th Cir. Mar. 2, 1992) (unpublished) ("[T]here is no provision in the Federal Rules of Civil Procedure for motions to strike motions and memoranda; only motions to strike unsigned papers under Rule 11, third-party claims under Rule 14(a), and certain matters in pleadings under Rule 12(f) are contemplated by the Federal Rules of Civil Procedure."). Signed by Magistrate Judge Evelyn J. Furse on 10/29/2018. No attached document. (nas)
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| Filing 14 RESPONSE to Motion re #10 MOTION to Strike #8 Memorandum in Opposition to Motion, and Memorandum in Support (Docket 8-1) MOTION to Expedite Motion to Strike Docket 8-1 and Memorandum in Support (Resp. in Opposition to Motion to Strike) filed by Respondent American First Finance. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(McElroy, Donna) |
| Filing 13 NOTICE of Certificate of Conference by American First Finance re #8 Memorandum in Opposition to Motion, #2 MOTION to Compel American First Finance, Inc. to Comply with Subpoena Duces Tecum and Memorandum in Support MOTION to Expedite Motion to Compel and Memorandum in Support (McElroy, Donna) |
| Filing 12 NOTICE of Appearance by Donna Kay McElroy on behalf of American First Finance (McElroy, Donna) |
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Filing 11
DOCKET TEXT ORDER granting #7 Motion for Admission Pro Hac Vice of Donna Kay McElroy for American First Finance. 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 So ordered by Judge David Nuffer on 10/25/18 (docket text only - no attached document) (alt)
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| Filing 10 MOTION to Strike #8 Memorandum in Opposition to Motion, and Memorandum in Support (Docket 8-1), MOTION to Expedite Motion to Strike Docket 8-1 and Memorandum in Support filed by Plaintiffs Aarons, Inc, Progressive Finance Holdings. Motions referred to Evelyn J. Furse.(Boren, Jason) |
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Filing 9
DOCKET TEXT ORDER. Plaintiffs' Short Form Discovery Motion #2 does not contain a certification that the parties made reasonable efforts to resolve the dispute at issue, or otherwise indicate that the parties met and conferred on these issues. DUCivR 37-1(a)(1) ("The parties must make reasonable efforts without court assistance to resolve a dispute arising under Fed. R. Civ. P. 26-37 and 45."); DUCivR 37-1(a)(4) ("The Short Form Discovery Motion must include a certification that the parties made reasonable efforts to reach agreement on the disputed matters and recite the date, time, and place of such consultation and the names of all participating parties or attorneys."). The Court ORDERS the parties to meet and confer on the issues raised in the Short Form Motion to Compel within the next three (3) days, and inform the Court no later than the close of business on October 26, 2018 whether the parties have reached agreement on the issues raised in the Motion. No attached document. Signed by Magistrate Judge Evelyn J. Furse on 10/22/2018. (nas)
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| Filing 8 MEMORANDUM in Opposition re #2 MOTION to Compel American First Finance, Inc. to Comply with Subpoena Duces Tecum and Memorandum in Support MOTION to Expedite Motion to Compel and Memorandum in Support filed by Respondent American First Finance. (Attachments: #1 Exhibit A - Objections to Subpoena, #2 Text of Proposed Order re Motion to Compel)(Hoyt, Adam) |
| Filing 7 MOTION for Admission Pro Hac Vice of Donna Kay McElroy , Registration fee $ 250, receipt number 1088-3129730, filed by Respondent American First Finance. (Attachments: #1 Text of Proposed Order)(Hoyt, Adam) |
| Filing 6 NOTICE of Appearance by Adam L. Hoyt on behalf of American First Finance (Hoyt, Adam) |
| Filing 5 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for American First Finance, Inc. served on Lori Galino on behalf of InCorp Services, Inc. - Registered Agent American First Finance, Inc. on 10/15/2018, filed by Plaintiffs Aarons, Inc, Progressive Finance Holdings. (Boren, Jason) |
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Filing 4
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motion referred to Evelyn J. Furse. So ordered by Judge David Nuffer on 10/15/18 (docket text only - no attached document) (alt)
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| Filing 3 NOTICE OF FILING of DUCivR 37-1 Certification re #2 MOTION to Compel American First Finance, Inc. to Comply with Subpoena Duces Tecum and Memorandum in Support MOTION to Expedite Motion to Compel and Memorandum in Support filed by Plaintiffs Aarons, Inc, Progressive Finance Holdings. (Boren, Jason) |
| Filing 2 MOTION to Compel American First Finance, Inc. to Comply with Subpoena Duces Tecum and Memorandum in Support , MOTION to Expedite Motion to Compel and Memorandum in Support filed by Plaintiffs Aarons, Inc, Progressive Finance Holdings. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Return of Service of Subpoena, #3 Exhibit C - Subpoena on American First Finance, #4 Exhibit D - Notice of Objections from Dykema, #5 Exhibit E - AFF Business registration, AFF Website, Clinton Mattress, #6 Exhibit F - Consent Protective Order, #7 Exhibit G - Affidavit of Howard Zandman, #8 Text of Proposed Order granting Motion to Compel, #9 Civil Cover Sheet for New Case)(Boren, Jason) |
| Filing 1 Case has been indexed and assigned to Judge David Nuffer. Plaintiffs Aarons, Inc and Progressive Finance Holdings are directed to E-File the Miscellaneous Case Filing Fee or (found under Other Documents) and pay the filing fee of $ 47.00 by the end of the business day. Once the filing fee event is completed the initiating document (Motion to Compel and cover sheet ) may be E-filed.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) |
| Miscellaneous Case Filing Fee for Motion to Compel received from Plaintiffs Aarons, Inc, Progressive Finance Holdings. (Filing fee $ 47, receipt number 1088-3123426). (Boren, Jason) |
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