Landmark Home Warranty et al v. Gilchrist et al
Plaintiff: Landmark Home Warranty and American Home Shield Corporation
Defendant: Benjamin Gilchrist, Oasis Title, Christopher Smith and Clinton Ostler
Case Number: 2:2019cv00544
Filed: July 30, 2019
Court: US District Court for the District of Utah
Presiding Judge: Evelyn J Furse
Referring Judge: Howard C Nielson
2 Judge: Paul M Warner
Nature of Suit: Contract: Other
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2019 Opinion or Order Filing 35 AMENDED SCHEDULING ORDER: Discovery due by 5/11/2020. Motions due by 6/9/2020. Final Pretrial Conference set for 6/16/2020 at 10:00 AM in Rm 7.300 before Judge Howard C. Nielson, Jr.. Signed by Magistrate Judge Evelyn J. Furse on 12/9/2019. (las)
December 6, 2019 Filing 34 Stipulated MOTION for Amended Scheduling Order filed by Plaintiffs American Home Shield Corporation, Landmark Home Warranty. (Attachments: #1 Text of Proposed Order Amended Scheduling Order) Motions referred to Evelyn J. Furse.(Peterson, Zachary)
October 18, 2019 Filing 33 Amended ANSWER to Complaint filed by Benjamin Gilchrist, Oasis Title, Clinton Ostler, Christopher Smith.(Garriott, Daniel)
October 18, 2019 Filing 32 NOTICE of Change of Address by Zachary E. Peterson (Peterson, Zachary)
September 18, 2019 Opinion or Order Filing 31 SCHEDULING ORDER: Amended Pleadings due by 10/31/2019. Joinder of Parties due by 10/31/2019. Discovery due by 3/31/2020. Motions due by 4/30/2020. Status Conference set for 5/7/2020 at 10:00 AM in Rm 7.300 before Judge Howard C. Nielson, Jr.. Signed by Magistrate Judge Evelyn J. Furse on 9/18/2019. (las)
September 10, 2019 Opinion or Order Filing 30 PROTECTIVE ORDER Signed by Magistrate Judge Evelyn J. Furse on 9/10/2019. (las)
September 9, 2019 Opinion or Order Filing 29 ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Evelyn J. Furse. Signed by Magistrate Judge Evelyn J. Furse on 9/9/2019. (las)
September 6, 2019 Filing 28 Stipulated MOTION for Protective Order filed by Plaintiff Landmark Home Warranty. (Attachments: #1 Text of Proposed Order Proposed Protective Order)(Peterson, Zachary)
September 6, 2019 Filing 27 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Peterson, Zachary)
September 6, 2019 Filing 26 The deadline for submission for 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 Howard C. Nielson, Jr. Magistrate Judge Paul M. Warner no longer assigned to the case. (nl)
August 21, 2019 Filing 25 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #15 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 (nl)
August 21, 2019 Filing 24 ANSWER to Complaint filed by Benjamin Gilchrist, Oasis Title, Clinton Ostler, Christopher Smith.(Garriott, Daniel)
August 14, 2019 Filing 23 NOTICE of Appearance by Steven R. Paul on behalf of Benjamin Gilchrist, Oasis Title, Clinton Ostler, Christopher Smith (Paul, Steven)
August 12, 2019 Filing 22 RECEIVED Consent/Reassignment Form from Plaintiffs American Home Shield Corporation, Landmark Home Warranty. (nl)
August 8, 2019 Opinion or Order Filing 21 ORDER granting #18 Motion for Admission Pro Hac Vice of Jason Schwartz for Landmark Home Warranty. 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 Signed by Magistrate Judge Paul M. Warner on 8/8/2019. (nl)
August 8, 2019 Opinion or Order Filing 20 ORDER granting #17 Motion for Admission Pro Hac Vice of Matthew P. Sappington for Landmark Home Warranty. 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 Signed by Magistrate Judge Paul M. Warner on 8/8/2019. (nl)
August 8, 2019 Opinion or Order Filing 19 ORDER granting #16 Motion for Admission Pro Hac Vice of Jesenka Mrdjenovic for Landmark Home Warranty. 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 Signed by Magistrate Judge Paul M. Warner on 8/8/2019. (nl)
August 7, 2019 Filing 18 MOTION for Admission Pro Hac Vice of Jason C. Schwartz , Registration fee $ 250, receipt number 1088-3343729, filed by Plaintiff Landmark Home Warranty. (Attachments: #1 Exhibit A - PHV Application, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order C - Proposed Order Approving PHC Admission)(Peterson, Zachary)
August 7, 2019 Filing 17 MOTION for Admission Pro Hac Vice of Matthew P. Sappington , Registration fee $ 250, receipt number 1088-3343720, filed by Plaintiff Landmark Home Warranty. (Attachments: #1 Exhibit A - PHV Application, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order C - Proposed Order Approving PHC Admission)(Peterson, Zachary)
August 7, 2019 Filing 16 MOTION for Admission Pro Hac Vice of Jesenka Mrdjenovic , Registration fee $ 250, receipt number 1088-3343713, filed by Plaintiff Landmark Home Warranty. (Attachments: #1 Exhibit A - PHV Application, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order C - Proposed Order Approving PHC Admission)(Peterson, Zachary)
August 5, 2019 Filing 15 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 American Home Shield Corporation, Landmark Home Warranty, Defendants Benjamin Gilchrist, Oasis Title, Clinton Ostler, Christopher Smith. Form due by 8/20/2019. (nl)
August 2, 2019 Filing 14 NOTICE of Appearance by Daniel B. Garriott on behalf of Benjamin Gilchrist, Oasis Title, Clinton Ostler, Christopher Smith (Garriott, Daniel)
August 2, 2019 Filing 13 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Benjamin Gilchrist.Benjamin Gilchrist served on 8/2/2019, answer due 8/23/2019. (Garriott, Daniel)
August 2, 2019 Filing 12 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Oasis Title.Oasis Title served on 8/2/2019, answer due 8/23/2019. (Garriott, Daniel)
August 2, 2019 Filing 11 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Clinton Ostler.Clinton Ostler served on 8/2/2019, answer due 8/23/2019. (Garriott, Daniel)
August 2, 2019 Filing 10 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Christopher Smith.Christopher Smith served on 8/2/2019, answer due 8/23/2019. (Garriott, Daniel)
July 31, 2019 Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Oasis Title. 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)
July 31, 2019 Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Christopher Smith. 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)
July 31, 2019 Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Clinton Ostler. 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)
July 31, 2019 Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Benjamin Gilchrist. 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)
July 31, 2019 Opinion or Order Filing 5 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 Paul M. Warner on 7/31/2019. (nl)
July 31, 2019 Filing 4 ERRATA to #2 Complaint,, filed by Plaintiffs American Home Shield Corporation, Landmark Home Warranty to Add Exhibit H to Complaint. (Attachments: #1 Exhibit Exh H - Severance Agreement (Chris Smith))(Peterson, Zachary)
July 30, 2019 Filing 3 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiffs American Home Shield Corporation, Landmark Home Warranty identifying Frontdoor, Inc. as Corporate Parent. (Peterson, Zachary)
July 30, 2019 Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-3336369) filed by Landmark Home Warranty, American Home Shield Corporation. (Attachments: #1 Exhibit A - Non Compete Chris Smith, #2 Exhibit B - Handbook Acknowledgement Chris Smith, #3 Exhibit C - Offer and Noncompete Clint Ostler, #4 Exhibit D - Clint Ostler - Signed Employee Manual, #5 Exhibit E - Chris S. Retention, #6 Exhibit F - Clinto O. Retention, #7 Exhibit G - Ben G. Retention, #8 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Paul M. Warner (Peterson, Zachary)
July 30, 2019 Filing 1 Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiffs American Home Shield Corporation and Landmark Home Warranty are 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. (tlh)

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Plaintiff: Landmark Home Warranty
Represented By: Zachary E. Peterson
Represented By: Jesenka Mrdjenovic
Represented By: Jason C. Schwartz
Represented By: Matthew P. Sappington
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Plaintiff: American Home Shield Corporation
Represented By: Zachary E. Peterson
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Defendant: Benjamin Gilchrist
Represented By: Daniel B. Garriott
Represented By: Steven R. Paul
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Defendant: Oasis Title
Represented By: Daniel B. Garriott
Represented By: Steven R. Paul
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Defendant: Christopher Smith
Represented By: Daniel B. Garriott
Represented By: Steven R. Paul
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Defendant: Clinton Ostler
Represented By: Daniel B. Garriott
Represented By: Steven R. Paul
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