Smash Technology et al v. Smash Solutions et al
| Smash Technology and Michael Alexander |
| Jerry Ulrich and Smash Solutions |
| 2:2019cv00105 |
| February 15, 2019 |
| US District Court for the District of Utah |
| Tena Campbell |
| Dustin B Pead |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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Filing 27
Defendants' ANSWER to Complaint (Notice of Removal #2 ) and, COUNTERCLAIM against Michael Alexander, Smash Technology filed by Jerry Ulrich, Smash Solutions. (Barneck, Matthew)
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Filing 26
Defendant's MOTION to Dismiss (Partial) filed by Defendants Smash Solutions, Jerry Ulrich. (Barneck, Matthew)
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Filing 25
SCHEDULING ORDER: Amended Pleadings due by 7/31/2019. Joinder of Parties due by 7/31/2019. Expert Discovery due by 6/19/2020. Motions due by 7/17/2020. Final Pretrial Conference set for 10/2/2020 at 03:00 PM in Rm 8.100 before Judge Tena Campbell. Four Day Jury Trial set for 11/16/2020 at 08:30 AM in Rm 3.400 before Judge Tena Campbell. Signed by Judge Tena Campbell on 3/29/19. (jmr)
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Filing 23
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on March 22, 2019 before Judge Tena Campbell. Court Reporter/Transcriber Kelly Brown Hicken, RPR, RMR, 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 4/19/2019. Redacted Transcript Deadline set for 4/29/2019. Release of Transcript Restriction set for 6/27/2019. (jmr)
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Filing 22
Minute Entry for proceedings held before Judge Tena Campbell: Status Conference held on 3/22/2019. Counsel are present and the court is informed of the status of the case at this time. The parties agree that the defendant(s) will file an answer or other responsive pleading by 4/12/2019. The court directs counsel to prepare and circulate a proposed scheduling order and submit the same after review. Should other complications arise with the case, the parties are directed to notify the court with their concerns. Attorney for Plaintiff: Darren G. Reid, Attorney for Defendant: Matthew C. Barneck, Zachary E. Peterson. Court Reporter: Kelly Hicken.(cff)
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Filing 20
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on February 26, 2019, before Judge Tena Campbell. Court Reporter/Transcriber Laura W. Robinson, Telephone number 801-328-4800. 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 4/8/2019. Redacted Transcript Deadline set for 4/18/2019. Release of Transcript Restriction set for 6/17/2019 (alt)
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Filing 19
NOTICE VACATING MOTION HEARING set for 3/22/2019 before Judge Tena Campbell. STATUS CONFERENCE WILL STILL GO FORWARD ON 3/22 AT 10:00 A.M. (Notice generated by chambers) (cff)
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Filing 18
CORRECTED NOTICE OF HEARING: Status Conference (NOT MOTION HEARING)set for 3/22/2019 at 10:00 AM in Rm 8.200 before Judge Tena Campbell. (cff)
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Filing 17
AMENDED NOTICE OF HEARING ON MOTION (Notice generated by chambers) Motion Hearing set for 3/22/2019 at 10:00 AM in Rm 8.200 before Judge Tena Campbell. ***PLEASE NOTE CHANGE IN COURTROOM ASSIGNMENTONLY*** (cff)
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Filing 16
Minute Order. Proceedings held before Judge Tena Campbell: Status Conference held on 2/26/2019. Counsel are present. Counsel for defendants told the court that defendant Jerry Ulrich was seriously ill and the defense is not prepared to go forward on any motion. Mr. Reid, counsel for plaintiffs, agreed to a stipulated motion for continuance which the court granted (Dkt. 14). The court denies as moot the Motion for Temporary Restraining Order (Dkt. 10) and told the parties that if injunctive relief were sought, it would be a preliminary injunction. The court agreed to take no further action until it hears from the parties at the status conference which the court sets for March 22, at 10:00 a.m. but urges the parties to communicate and attempt to reach an agreement that will preserve the status quo or possibly settle the case. Written Order to follow oral order: no. Attorney for Plaintiff: Darren G. Reid, Attorney for Defendant Matthew C. Barneck. Court Reporter: Laura Robinson. (cff)
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Filing 15
NOTICE OF HEARING: (Notice generated by chambers) Status Conference set for 2/26/2019 at 10:30 AM in Rm 3.400 before Judge Tena Campbell. (cff)
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Filing 14
Stipulated MOTION for Extension of Time to File Answer re #2 Notice of Removal, , Stipulated MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants Smash Solutions, Jerry Ulrich. (Attachments: #1 Text of Proposed Order Order Approving Stipulation for Extension of Time)(Barneck, Matthew)
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Filing 13
ORDER OF RECUSAL - Judge Dale A. Kimball recused. Case reassigned to Judge Tena Campbell for all further proceedings. Signed by Judge Dale A. Kimball on 2/22/2019. (eat)
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Filing 12
After review of the case, case reassigned to District Judge per 11 Docket Text Order. Case randomly assigned to Judge Dale A. Kimball. Magistrate Judge Dustin B. Pead no longer assigned to the case. (las)
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Filing 11
DOCKET TEXT ORDER FOR REASSIGNMENT. Pursuant to court policy, Plaintiffs' filing of a motion for immediate injunctive relief #10 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. (docket text order, no attached document). Signed by Magistrate Judge Dustin B. Pead on 02/22/2019. (amn)
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Filing 10
MOTION for Temporary Restraining Order filed by Plaintiffs Michael Alexander, Smash Technology. Note: Motion originally filed in State Court on 1/28/2019. (las)
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Filing 9
File Received from Fourth District Court -Provo, Utah County consisting of Docket and State Court Documents. (Attachments: #1 State Court Complaint, #2 Motion for TRO, #3 Returned summons, #4 Returned summons, #5 Request, #6 Order for hearing, #7 Service of Order, #8 Notice of Hearing, #9 Notice of Removal, #10 Corrected Notice of Removal) (las)
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Filing 8
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within fourteen(14) days of this Order. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 2/18/2019. (las)
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Filing 7
RECEIVED Consent/Reassignment Form from Defendant Smash Solutions and Jerry Ulrich. (las) Modified on 2/15/2019 corrected text (las).
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Filing 6
ERRATA to #2 Notice of Removal, filed by Defendants Smash Solutions, Jerry Ulrich . (Attachments: #1 Exhibit Notice of Removal, #2 Exhibit Exh A to Notice of Removal (Complaint), #3 Exhibit Exh B to Notice of Removal (Docket), #4 Civil Cover Sheet Civil Cover Sheet)(Peterson, Zachary)
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Filing 5
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 toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiffs Michael Alexander, Smash Technology, and Defendants Smash Solutions, Jerry Ulrich. Form due by 3/4/2019. (tlh)
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Filing 4
NOTICE OF ADR, e-mailed or mailed to Plaintiffs Michael Alexander, Smash Technology, and Defendants Smash Solutions, Jerry Ulrich. (tlh)
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Filing 3
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Smash Solutions, Jerry Ulrich identifying None as Corporate Parent. (Peterson, Zachary)
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Filing 2
NOTICE OF REMOVAL from 4th Judicial District, Summit County, case number 190400159, (Filing fee $ 400, receipt number 1088-3206032) filed by Jerry Ulrich, Smash Solutions. (Attachments: #1 Exhibit Exh A - Complaint, #2 Exhibit Exh B - Docket, #3 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (Peterson, Zachary)
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Filing 1
Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Defendants Smash Solutions, Jerry Ulrich 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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