Reaction Washer v. IDEPA et al
| Reaction Washer |
| Johannes Schneeberger and IDEPA |
| 2:2019cv00148 |
| March 4, 2019 |
| US District Court for the District of Utah |
| Evelyn J Furse |
| Dustin B Pead |
| Robert J Shelby |
| Patent |
| 28 U.S.C. § 2271 |
| None |
Docket Report
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Filing 31
ORDER denying #10 Motion for Sanctions on Behalf of Mr. Schneeberger. Signed by Magistrate Judge Evelyn J. Furse on 4/25/19. (dla)
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Filing 30
ORDER Denying as Moot #9 Motion to Dismiss on Behalf of Mr. Schneeberger. Signed by Magistrate Judge Evelyn J. Furse on 4/25/19. (dla)
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Filing 29
ORDER Striking Motions Filed on Behalf of IDEPA, Inc. ( #9 . #10 , #11 , #12 , #13 , & #17 ) and Staying Case Until May 28, 2019: Pursuant to both the District of Utah's Local Rules and Tenth Circuit authority, a corporation cannot appear pro se in this Court. See DUCivR 83-1.3(c) ("Individuals may represent themselves in the court. No corporation, association, partnership or other artificial entity may appear pro se but must be represented by an attorney who is admitted to practice in this court.") Because a corporation cannot appear pro se, the filings that Mr. Schneeberger filed on behalf of IDEPA, Inc. lack any legal effect, and accordingly, the Court STRIKES them (ECF Nos 9, 10, 11, 12, 13 & 17).Further, the Court STAYS this case for thirty (30) days-until May 28, 2019-to allow IDEPA to find counsel. Counsel must enter a notice of appearance on behalf of IDEPA, Inc. by May 28, 2019. In addition, counsel must file a Motion to Dismiss or otherwise respond to the Amended Complaint #21 by June 11, 2019.While the case is stayed until May 28, 2019, the parties should not file any motions or papers, other than the notice of appearance.If counsel does not appear on behalf of IDEPA, Inc. and respond to the Amended Complaint #21 by June 11, 2019, Reaction Washer may file a motion for default pursuant to Fed. R. Civ. P. 55(a). The Court will strike any further motions that Mr. Schneeberger files on behalf of IDEPA, Inc., including any motion(s) brought on behalf of both Defendants. Signed by Magistrate Judge Evelyn J. Furse on 4/25/19. (dla)
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Filing 28
ORDER denying #12 Motion for Written Submissions on Behalf of Mr. Schneeberger. Signed by Magistrate Judge Evelyn J. Furse on 4/25/19. (dla)
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Filing 27
ORDER denying #17 Motion for Protective Order and Second Sanctions on Behalf of Mr. Schneeberger. The Court notes that the number of motions Mr. Schneeberger has filed over the last few weeks is excessive and unduly burdensome for both the Court and the Plaintiff. If Mr. Schneeberger continues filing an inordinate number of motions, particularly ones that lack any basis, the undersigned will consider recommending that the District Judge impose restrictions on Mr. Schneeberger's ability to file motions in this case. The undersigned suggests that before filing any further motions in this case, Mr. Schneeberger consider whether the motion is necessary and whether it has a basis in law and fact. Further, any motions that Mr. Schneeberger files in the future must identify the Rule under which he brings the Motion and satisfy the requirements and prerequisites of those Rules, as well as any other applicable Rules such as those relating to page limitations. Signed by Magistrate Judge Evelyn J. Furse on 4/25/19. (dla)
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Filing 26
ORDER denying #13 Motion for Extensions on Behalf of Mr. Schneeberger: This request seeking a blanket extension on everything if needed is premature and lacks good cause. Signed by Magistrate Judge Evelyn J. Furse on 4/25/19. (dla)
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Filing 25
ORDER granting #11 Motion for Email Notification on Behalf of Mr. Schneeberger: As addressed in a separate Order, this Motion is stricken as to IDEPA, Inc. since Mr. Schneeberger cannot seek relief on its behalf. However, the Court GRANTS Mr. Schneeberger's Motion to the extent he seeks to receive electronic notification of Court filings via email. This Order only permits Mr. Schneeberger to receive notice via e-mail, but does not give Mr. Schneeberger the right to file any documents via e-mail. Mr. Schneeberger is still required to file all documents conventionally (i.e. by mail or in-person delivery). Signed by Magistrate Judge Evelyn J. Furse on 4/25/19. (dla)
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Filing 24
ERRATA to #23 Affidavit/Declaration in Opposition to Motion, filed by Plaintiff Reaction Washer . (Attachments: #1 Exhibit Invoices from IDEPA, #2 Exhibit Email, #3 Exhibit Assignment of Membership Interest, #4 Exhibit Email, #5 Exhibit Visit to Utah)(Green, Joshua)
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Filing 23
AFFIDAVIT/DECLARATION of Packer Morely in Opposition re #9 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Reaction Washer. (Attachments: #1 Exhibit 1 - Payments, #2 Exhibit 2 - Email from Schneeberger, #3 Exhibit 3 - Assignment of Membership Interest, #4 Exhibit 4 - Email from Schneeberger regarding Utah trip, #5 Exhibit 5 - Invoice with travel expenses from trip to Utah)(Green, Joshua)
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Filing 22
MEMORANDUM in Opposition re #9 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Reaction Washer. (Attachments: #1 Exhibit Exhibit A - RWC Operating Agreement)(Green, Joshua)
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Filing 21
AMENDED COMPLAINT against All Defendants. filed by Reaction Washer. (Green, Joshua)
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Filing 20
MEMORANDUM in Opposition re #12 MOTION for Written Sumissions filed by Plaintiff Reaction Washer. (Green, Joshua)
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Filing 19
MEMORANDUM in Opposition re #13 MOTION for Extensions filed by Plaintiff Reaction Washer. (Green, Joshua)
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Filing 18
MEMORANDUM in Opposition re #10 MOTION for Sanctions filed by Plaintiff Reaction Washer. (Green, Joshua)
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Filing 17
MOTION for Protective Order and Second Sanctions filed by Defendant Johannes Schneeberger. (Attachments: #1 Exhibit 33, #2 Exhibit 34) Motions referred to Evelyn J. Furse. (dla)
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Filing 16
ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. No attached document. Motions referred to Evelyn J. Furse. Signed by Judge Robert J. Shelby on 4/11/2019. (mjm)
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Filing 15
After review of the case, case reassigned to District Court Judge per docket enter no. 14. Case randomly assigned to Judge Robert J. Shelby. Magistrate Judge Dustin B. Pead no longer assigned to the case. (kpf)
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Filing 14
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. In light of the pending Motion to Dismiss #9 and because consent to the jurisdiction of the magistrate judge is not immediately feasible, IT IS HEREBY ORDERED that this case shall be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Dustin B. Pead on 4/8/2019. No attached document. (tmb)
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Filing 13
MOTION for Extensions filed by Defendant Johannes Schneeberger. (las) Modified on 4/2/2019 by correcting file date (las).
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Filing 12
MOTION for Written Submissions filed by Defendant Johannes Schneeberger. (las) Modified on 4/2/2019 by correcting file date (las).
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Filing 11
MOTION for Email Notification filed by Defendant Johannes Schneeberger. (las) Modified on 4/2/2019 by correcting file date (las).
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Filing 10
MOTION for Sanctions filed by Defendant Johannes Schneeberger. (Attachments: #1 Exhibit 31, #2 Exhibit 32)(las)
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Filing 9
MOTION to Dismiss and Memorandum in Support filed by Defendant Johannes Schneeberger. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 24, #23 Exhibit 25, #24 Exhibit 26, #25 Exhibit 27, #26 Exhibit 28, #27 Exhibit 29, #28 Exhibit 30)(las) Modified on 4/2/2019 by correcting file date (las).
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Filing 8
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Reaction Washer as to Johannes Schneeberger served on 3/8/2019, answer due 3/29/2019. (Green, Joshua)
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Filing 7
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Reaction Washer as to IDEPA served on 3/7/2019, answer due 3/28/2019. (Green, Joshua)
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Filing 6
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 3/5/2019. (las)
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Filing 5
Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Complaint) (nl)
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Filing 4
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Johannes Schneeberger. 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)
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Filing 3
**RESTRICTED DOCUMENT**Summons Issued Electronically as to IDEPA. 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)
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-3217717) filed by Reaction Washer. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (Green, Joshua)
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Filing 1
Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiff Reaction Washer 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. (nl)
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