Bathija v. 313 Acquisition et al
| Pravin Bathija |
| 313 Acquisition, Dale Gerard, Alex Dunn and Todd Pedersen |
| 2:2019cv00577 |
| August 16, 2019 |
| US District Court for the District of Utah |
| Bruce S Jenkins |
| Paul M Warner |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
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Filing 115
ORDER granting #114 Motion to Dismiss. It is ordered that this matter is dismissed with prejudice and each party shall bear their own atty's fees and costs. Signed by Judge Bruce S. Jenkins on 12/11/2020. (kpf)
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| Filing 114 Stipulated MOTION to Dismiss with prejudice filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Attachments: #1 Text of Proposed Order)(Peay, Stewart) |
| Filing 113 NOTICE VACATING STATUS HEARING set for 11/9/2020, 2:00 PM before Judge Jenkins. (kms) |
| Filing 112 NOTICE of Resolution (Stipulated) by 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen (Peay, Stewart) |
| Filing 111 NOTICE OF TELEPHONIC HEARING: Status Conference set for 11/9/2020 at 02:00 PM before Judge Bruce S. Jenkins. TELECONFERENCE INSTRUCTIONS:Please plan to participate on a landline rather than a cell phone if possible. Also avoid the use of a speaker phone. During the call, announce your name each time you speak and pause regularly during any statements to allow the judge to maintain control. Mute your phone when you are not speaking. As a participant, the conference instructions are as follows: 1. Dial 888-684-88522. Enter Access Code 62703563. Enter the conference as a participant by pressing #key. If the call has not been activated by the Court, you will be placed on hold. 4. Once the call is activated you will be prompted to enter the participant security code 110920 followed by the # key. You will now be entered into the conference. If you have any questions before the hearing begins please do not hesitate to contact chambers at 801-524-6507. If you are having issues during the hearing, you can email the courtroom deputy at Kim_Forsgren@utd.uscourts.gov. This hearing will be conducted telephonically. Members of the public, including media, are not able to attend in the courtroom and should contact the case manager at kathleen_smith@utd.uscourts.gov for information to obtain electronic access to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (kms) |
| Filing 110 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Telephonic Report and Scheduling Status Conference held on 10/20/2020. This matter is continued. Status Conference reset for 11/9/2020 at 02:00 PM in Rm 7.200 before Judge Bruce S. Jenkins. Attorney for Plaintiff: Joseph Goddaeus,Steven M. Chanley. Attorney for Defendant: Stewart O. Peay. Court Reporter: Becky Janke.(kpf) Modified on to add text and image 11/10/2020 (kpf). |
| Filing 109 NOTICE OF TELEPHONIC HEARING: Status Report and Scheduling Conference set for 10/20/2020 at 01:15 PM before Judge Bruce S. Jenkins. TELECONFERENCE INSTRUCTIONS:Please plan to participate on a landline rather than a cell phone if possible. Also avoid the use of a speaker phone. During the call, announce your name each time you speak and pause regularly during any statements to allow the judge to maintain control. Mute your phone when you are not speaking. As a participant, the conference instructions are as follows: 1. Dial 888-684-88522. Enter Access Code 62703563. Enter the conference as a participant by pressing #key. If the call has not been activated by the Court, you will be placed on hold. 4. Once the call is activated you will be prompted to enter the participant security code 1020202 followed by the # key. You will now be entered into the conference. If you have any questions before the hearing begins please do not hesitate to contact chambers at 801-524-6507. If you are having issues during the hearing, you can email the courtroom deputy at Kim_Forsgren@utd.uscourts.gov. This hearing will be conducted telephonically. Members of the public, including media, are not able to attend in the courtroom and should contact the case manager at kathleen_smith@utd.uscourts.gov for information to obtain electronic access to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (kms) |
| Filing 108 ANSWER to #107 Amended Complaint,, filed by 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen.(Peay, Stewart) |
| Filing 107 AMENDED COMPLAINT Second against All Defendants with Jury Demand. filed by Pravin Bathija. (Attachments: #1 Exhibit Same as FAC, #2 Exhibit Same as FAC, #3 Exhibit Same as FAC, #4 Exhibit Email - Counter Offer from AMCC, #5 Exhibit Email - SEC Form 10-Q, #6 Exhibit Email - SARs Follow up, #7 Exhibit Email - Vivant Wireless SARs, #8 Exhibit Email - Vivant Wireless SARs, #9 Exhibit Email - Vivant Wireless SARs, #10 Exhibit Email Severence Agreement) (Chanley, Steven) |
| Filing 106 STIPULATION regarding discovery: production of Liontree privilege log documents by 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
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Filing 104
ORDER granting in part and denying in part #64 Motion for Judgment on the Pleadings ; granting #71 Motion for Leave to File an amended complaint. Plaintiff shall file his Second Amended Complaint conisstent with this Order by no later than 10 days from the date of this Order. Defendants shall file their answer to Plaintiffs Second Amended Complaint within 20 days of service thereof. Signed by Judge Bruce S. Jenkins on 08/31/2020. (kpf)
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| Filing 103 OBJECTIONS to #102 Notice (Other), filed by 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Attachments: #1 Text of Proposed Order)(Peay, Stewart) |
| Filing 102 NOTICE of Submission of Proposed Order by Pravin Bathija re #71 Plaintiff's MOTION for Leave to File Second Amended Complaint , #64 MOTION for Judgment on the Pleadings and Memorandum in Support (Attachments: #1 Text of Proposed Order Proposed Order) (Chanley, Steven) |
| Filing 101 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Telephonic Motion Hearing held on 8/18/2020 re #71 Plaintiff's MOTION for Leave to File Second Amended Complaint filed by Pravin Bathija, #64 MOTION for Judgment on the Pleadings and Memorandum in Support filed by 313 Acquisition, Todd Pedersen, Dale Gerard, Alex Dunn. Attorney for Plaintiff: Steven M. Chanley, Attorney for Defendant: Stewart O. Peay, Cameron J. Cutler. Court Reporter: Teena Green.(kpf) Modified to add text and image on 9/14/2020 (kpf). |
| Filing 100 Plaintiff's REPLY to Response to Motion re #71 Plaintiff's MOTION for Leave to File Second Amended Complaint filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
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Filing 99
ORDER denying #61 Motion for Short Term Discovery; denying #68 Motion to Strike. Signed by Judge Bruce S. Jenkins on 07/31/2020. (kpf)
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Filing 98
ORDER granting #97 Motion to Stay Discovery and withdraw Defendants' Motion #79 to Enforce Automatic Stay Provision of the Private Securities Litigation Reform Act. Signed by Judge Bruce S. Jenkins on 07/29/2020. (kpf)
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| Filing 97 Stipulated MOTION to Stay Discovery and withdraw Defendants' Motion to Enforce Automatic Stay Provision filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Attachments: #1 Text of Proposed Order Granting Joint Stipulated Motion to Stay Discovery and Withdraw Defendants' Motion to Enforce Automatic Stay)(Peay, Stewart) |
| Filing 96 MEMORANDUM in Opposition re #71 Plaintiff's MOTION for Leave to File Second Amended Complaint filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
| Filing 95 REPLY to Response to Motion re #64 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
| Filing 94 Modification of Docket: Correction: Attached approved minute entry. re #56 Motion Hearing. (kpf) |
| Filing 93 Defendant's OBJECTIONS to the Proposed Order Denying Plaintiff's Short Form Motion RE Contempt filed by 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Attachments: #1 Text of Proposed Order Denying Plaintiff's Short Form Motion for OSC re Contempt)(Peay, Stewart) |
| Filing 92 AMENDED NOTICE OF TELEPHONIC HEARING ON MOTIONS re: #64 MOTION for Judgment on the Pleadings, and #71 MOTION for Leave to File Second Amended Complaint : Motion Hearing set for 8/18/2020 at 10:00 AM before Judge Bruce S. Jenkins. TELECONFERENCE INSTRUCTIONS:Please plan to participate on a landline rather than a cell phone if possible. Also avoid the use of a speaker phone. During the call, announce your name each time you speak and pause regularly during any statements to allow the judge to maintain control. Mute your phone when you are not speaking. As a participant, the conference instructions are as follows: 1. Dial 888-684-88522. Enter Access Code 62703563. Enter the conference as a participant by pressing #key. If the call has not been activated by the Court, you will be placed on hold. 4. Once the call is activated you will be prompted to enter the participant security code 0818201 followed by the # key. You will now be entered into the conference. If you have any questions before the hearing begins please do not hesitate to contact chambers at 801-524-6507. If you are having issues during the hearing, you can email the courtroom deputy at Kim_Forsgren@utd.uscourts.gov. This hearing will be conducted telephonically. Members of the public, including media, are not able to attend in the courtroom and should contact the case manager at kathleen_smith@utd.uscourts.gov for information to obtain electronic access to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (kms) |
| Filing 91 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 7/17/2020 re #61 Plaintiff's MOTION for Short Form Discovery re: SHOW CAUSE RE: CONTEMPT FOR INTERFERENCE WITH SUBPOENA DUCES TECUM WITHOUT ADEQUATE EXCUSE AND (2) FOR CURATIVE AND PROTECTIVE ORDER REGARDING DISCOVERY INTERFERENCE filed by Pravin Bathija, #68 MOTION to Strike #67 Response to Motion, filed by 313 Acquisition, Todd Pedersen, Dale Gerard, Alex Dunn. Approved minute entry to follow pending Judge Jenkins' approval. Attorney for Plaintiff: Steven M. Chanley, Attorney for Defendant: Chet A. Kronenberg, Stewart O. Peay. Court Reporter: Ed Young.(Time Start: 9:58 a.m., Time End: 11:04 a.m., Room 7.200 - Telephonic.)(kpf) |
| Filing 90 REPLY to Response to Motion re #79 MOTION to Enforce Automatic Stay Provision of Private Securities Litigation Reform Act and Memorandum in Support filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
| Filing 89 Plaintiff's RESPONSE to Motion re #79 MOTION to Enforce Automatic Stay Provision of Private Securities Litigation Reform Act and Memorandum in Support filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 88 Plaintiff's RESPONSE to Motion re #64 MOTION for Judgment on the Pleadings and Memorandum in Support CORRECTED filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 87 NOTICE of PLAINTIFFS CORRECTED OPPOSITON TO DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS by Pravin Bathija re #84 Response to Motion (Chanley, Steven) |
| Filing 86 Plaintiff's AFFIDAVIT/DECLARATION of Steven M. Chanley in Opposition re #64 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 85 REQUEST for Judicial Notice re #84 Response to Motion filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 84 Plaintiff's RESPONSE to Motion re #64 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 83 NOTICE OF HEARING ON MOTION re: #64 MOTION for Judgment on the Pleadings and Memorandum in Support , #71 Plaintiff's MOTION for Leave to File Second Amended Complaint : (Notice generated by Kim Forsgren) Motion Hearing set for 8/18/2020 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kpf) |
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Filing 82
ORDER granting #81 Motion for Extension of Time to File Response/Reply re #64 MOTION for Judgment on the Pleadings and Memorandum in Support Responses due by 7/10/2020. Defendants' deadline to response to Plaintiffs Motion for leave to file a second amended complaint, and (2) file their reply supporting their motion for judgment on the pleadings is extended to July 27, 2020. Once Defendants' motion for judgment on the pleadings and Plaintiff's motion for leave to file a second amended complaint are fully briefed, the Court shall hear argument, and rule on both motions during a single, consolidated hearing. A hearing is set for August 18, 2020, at 10:00 a.m. on Defendant's Motion for Judgment on the Pleadings no. #64 and Plaintiff's Motion for Leave to File Second Amended Complaint no. #71 . Signed by Judge Bruce S. Jenkins on 07/08/2020. (kpf)
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| Filing 81 Stipulated MOTION for Extension of Time to File Response/Reply as to #71 Plaintiff's MOTION for Leave to File Second Amended Complaint , #64 MOTION for Judgment on the Pleadings and Memorandum in Support and Memorandum in Support filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion for Extension of Time and to Consolidate Hearing of Motions)(Peay, Stewart) |
| Filing 80 CERTIFICATE OF SERVICE by Pravin Bathija THIRD-PARTY SUBPOENAS (Chanley, Steven) |
| Filing 79 MOTION to Enforce Automatic Stay Provision of Private Securities Litigation Reform Act and Memorandum in Support filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
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Filing 78
ORDER granting #76 Motion for Extension of Time to File Response/Reply re #71 Plaintiff's MOTION for Leave to File Second Amended Complaint granting #77 Motion to Expedite #76 . Responses due by 7/22/2020. Signed by Judge Bruce S. Jenkins on 06/29/2020. (kpf)
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| Filing 77 MOTION to Expedite Briefing and Decision on their Motion for Extension of Time to Respond to Plaintiff's Motion for Leave to File Second Amended Complaint and Memorandum in Support filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Attachments: #1 Text of Proposed Order Granting Motion)(Peay, Stewart) |
| Filing 76 MOTION for Extension of Time to File Response/Reply as to #71 Plaintiff's MOTION for Leave to File Second Amended Complaint and Memorandum in Support filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
| Filing 75 AMENDED NOTICE OF TELEPHONIC HEARING ON MOTIONS re: #61 Short Form Discovery MOTION, and #68 MOTION to Strike : Motion Hearing is re-set for 7/17/2020 at 10:00 AM before Judge Bruce S. Jenkins, per request and agreement of counsel. TELECONFERENCE INSTRUCTIONS:Please plan to participate on a landline rather than a cell phone if possible. Also avoid the use of a speaker phone. During the call, announce your name each time you speak and pause regularly during any statements to allow the judge to maintain control. Mute your phone when you are not speaking. As a participant, the conference instructions are as follows: 1. Dial 888-684-88522. Enter Access Code 62703563. Enter the conference as a participant by pressing #key. If the call has not been activated by the Court, you will be placed on hold. 4. Once the call is activated you will be prompted to enter the participant security code 0717201 followed by the # key. You will now be entered into the conference. If you have any questions before the hearing begins please do not hesitate to contact chambers at 801-524-6507. If you are having issues during the hearing, you can email the courtroom deputy at Kim_Forsgren@utd.uscourts.gov. This hearing will be conducted telephonically. Members of the public, including media, are not able to attend in the courtroom and should contact the case manager at kathleen_smith@utd.uscourts.gov for information to obtain electronic access to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (kms) |
| Filing 74 NOTICE OF TELEPHONIC HEARING ON MOTIONS re: #61 Plaintiff's Short Form Discovery MOTION, and #68 MOTION to Strike : Motion Hearing set for 7/9/2020 at 10:00 AM before Judge Bruce S. Jenkins. TELECONFERENCE INSTRUCTIONS:Please plan to participate on a landline rather than a cell phone if possible. Also avoid the use of a speaker phone. During the call, announce your name each time you speak and pause regularly during any statements to allow the judge to maintain control. Mute your phone when you are not speaking. As a participant, the conference instructions are as follows: 1. Dial 888-684-88522. Enter Access Code 62703563. Enter the conference as a participant by pressing #key. If the call has not been activated by the Court, you will be placed on hold. 4. Once the call is activated you will be prompted to enter the participant security code 0709201 followed by the # key. You will now be entered into the conference. If you have any questions before the hearing begins please do not hesitate to contact chambers at 801-524-6507. If you are having issues during the hearing, you can email the courtroom deputy at Kim_Forsgren@utd.uscourts.gov. This hearing will be conducted telephonically. Members of the public, including media, are not able to attend in the courtroom and should contact the case manager at kathleen_smith@utd.uscourts.gov for information to obtain electronic access to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (kms) |
| Filing 73 EXHIBITS filed by Pravin Bathija re #72 Affidavit/Declaration in Support of Motion,. (Chanley, Steven) |
| Filing 72 AFFIDAVIT/DECLARATION of Steven M. Chanley in Support re #71 Plaintiff's MOTION for Leave to File Second Amended Complaint filed by Plaintiff Pravin Bathija. (Attachments: #1 Exhibit A - SMC May 15 email, #2 Exhibit B - SMC May 26 email, #3 Exhibit C - SMC May 27 email, #4 Exhibit D - SMC May 27 email 2, #5 Exhibit E - SAC)(Chanley, Steven) |
| Filing 71 Plaintiff's MOTION for Leave to File Second Amended Complaint filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 70 CERTIFICATE OF SERVICE by Pravin Bathija THIRD-PARTY SUBPOENAS (Chanley, Steven) |
| Filing 69 Plaintiff's RESPONSE to Motion re #68 MOTION to Strike #67 Response to Motion, Opposition filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 68 MOTION to Strike #67 Response to Motion, filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
| Filing 67 Plaintiff's RESPONSE to Motion re #61 Plaintiff's MOTION for Short Form Discovery re: SHOW CAUSE RE: CONTEMPT FOR INTERFERENCE WITH SUBPOENA DUCES TECUM WITHOUT ADEQUATE EXCUSE AND (2) FOR CURATIVE AND PROTECTIVE ORDER REGARDING DISCOVERY INTERFERENCE filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 66 AFFIDAVIT/DECLARATION of Stewart O. Peay in Opposition re #61 Plaintiff's MOTION for Short Form Discovery re: SHOW CAUSE RE: CONTEMPT FOR INTERFERENCE WITH SUBPOENA DUCES TECUM WITHOUT ADEQUATE EXCUSE AND (2) FOR CURATIVE AND PROTECTIVE ORDER REGARDING DISCOVERY INTERFERENCE filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
| Filing 65 MEMORANDUM in Opposition re #61 Plaintiff's MOTION for Short Form Discovery re: SHOW CAUSE RE: CONTEMPT FOR INTERFERENCE WITH SUBPOENA DUCES TECUM WITHOUT ADEQUATE EXCUSE AND (2) FOR CURATIVE AND PROTECTIVE ORDER REGARDING DISCOVERY INTERFERENCE filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Attachments: #1 Exhibit A-Privilege Log, #2 Exhibit B-Declaration of Chet A. Kronenberg, #3 Exhibit C-May 15 2020 Letter)(Peay, Stewart) |
| Filing 64 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
| Filing 63 ANSWER to #13 Amended Complaint, filed by 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen.(Peay, Stewart) |
| Filing 62 DECLARATION of Steven M. Chanley re #61 Plaintiff's MOTION for Short Form Discovery re: SHOW CAUSE RE: CONTEMPT FOR INTERFERENCE WITH SUBPOENA DUCES TECUM WITHOUT ADEQUATE EXCUSE AND (2) FOR CURATIVE AND PROTECTIVE ORDER REGARDING DISCOVERY INTERFERENCE filed by Pravin Bathija. (Attachments: #1 Exhibit 1 - Req for Judicial Assignment, #2 Exhibit 2 - EAG Letter Dated April 23, #3 Exhibit 3 - Resp & Object of LionTree to Subpoena April 8, #4 Exhibit 4 - S&C Letter Dated May 20,, #5 Exhibit 5 - S&C Letter Dated May 27, #6 Exhibit 6 - SMC email Dated May 27, #7 Exhibit 7 - Peay email Dated May 27, #8 Exhibit 8 - SMC email Dated May 28, #9 Exhibit 9 - EAG letter Dated June 1, #10 Exhibit 10 - STB letter Dated June 1, #11 Exhibit 11 - EAG 2nd letter Dated June 1)(Chanley, Steven) |
| Filing 61 Plaintiff's MOTION for Short Form Discovery re: SHOW CAUSE RE: CONTEMPT FOR INTERFERENCE WITH SUBPOENA DUCES TECUM WITHOUT ADEQUATE EXCUSE AND (2) FOR CURATIVE AND PROTECTIVE ORDER REGARDING DISCOVERY INTERFERENCE filed by Plaintiff Pravin Bathija. (Attachments: #1 Text of Proposed Order Proposed Order)(Chanley, Steven) |
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Filing 59
ORDER denying #20 Motion to Dismiss. Defendants must answer Plaintiff's First Amended Complaint no later than June 5, 2020. Signed by Judge Bruce S. Jenkins on 05/21/2020. (kpf)
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Filing 58
ORDER granting #45 Motion to Expedite/Compel Discovery. Defendants shall complete their obligations pursuant to FRDP Rule 26(f), as well as complete their initial disclosures pursuant to FRCP Rule 26(a)(1), by no later than June 5, 2020. Plaintiff may take discovery in the meantime. Signed by Judge Bruce S. Jenkins on 05/18/2020. (kpf) (kpf).
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| Filing 57 Defendant's OBJECTIONS to [Proposed] Order Denying Defendants' Motion to Dismiss or Alternatively to Stay Action filed by 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Attachments: #1 Exhibit A-Proposed Order Denying Defendants' Motion, #2 Exhibit B-Plaintiff's Submission of Proposed Order Denying Defendants' Alternative Motions to Dismiss, #3 Exhibit C-Defendants' Mark up of Plaintiff's MTD Order, #4 Text of Proposed Order Exhibit D-Defendants Proposed Order)(Peay, Stewart) |
| Filing 56 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 5/11/2020 re #45 MOTION to Expedite Discovery filed by Pravin Bathija, #20 Defendant's MOTION to Dismiss and Memorandum in Support based on the Delaware Forum Selection Clause in the Contract at Issue, or Alternatively Stay this Action Pending Resolution of Two Related Cases Pending in California and Delaware filed by 313 Acquisition, Todd Pedersen, Dale Gerard, Alex Dunn. Attorney for Plaintiff: Steven M. Chanley - VIA Telephone, Attorney for Defendant: Chet A. Kronenberg; Stewart O. Peay - VIA Telephone. Court Reporter: Ed Young.(kpf) Modified to add image and text on 7/27/2020 (kpf). |
| Filing 55 Second AFFIDAVIT/DECLARATION of Steven M Chanley in Support re #45 MOTION to Expedite Discovery filed by Plaintiff Pravin Bathija. (Attachments: #1 Exhibit Exhibit A - SMC Emaill, #2 Exhibit Exhibit B - D&P Response Letter, #3 Exhibit Exhibit C - S&W Response Letter)(Chanley, Steven) |
| Filing 54 Supplemental AFFIDAVIT/DECLARATION of Steven M Chanley in Support re #45 MOTION to Expedite Discovery filed by Plaintiff Pravin Bathija. (Attachments: #1 Exhibit Exhibit A - SMC Email, #2 Exhibit Exhibit B - D&P Response Letter, #3 Exhibit Exhibit C - S&W Response Letter)(Chanley, Steven) Modified on to add correct text of pleading 5/15/2020 (kpf). |
| Filing 53 ERRATA to #52 Affidavit/Declaration in Opposition to Motion filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen . (Attachments: #1 Exhibit A to Errata-Corrected Declaration of Chet A. Kronenberg)(Peay, Stewart) |
| Filing 52 AFFIDAVIT/DECLARATION of Chet A. Kronenberg in Opposition re #45 MOTION to Expedite Discovery filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
| Filing 51 Supplemental AFFIDAVIT/DECLARATION of Steven M Chanley in Support re #45 MOTION to Expedite Discovery filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 50 NOTICE OF TELEPHONIC HEARING ON MOTIONS re: #20 Defendant's MOTION to Dismiss, and #45 Short Form MOTION to Compel Discovery : Motion Hearing set for 5/11/2020 at 10:00 AM via telephone, unless otherwise notified, before Judge Bruce S. Jenkins. TELECONFERENCE INSTRUCTIONS:Please plan to participate on a landline rather than a cell phone if possible. Also avoid the use of a speaker phone. During the call, announce your name each time you speak and pause regularly during any statements to allow the judge to maintain control. As a participant, the conference instructions are as follows: 1. Dial 888-684-88522. Enter Access Code 62703563. Enter the conference as a participant by pressing #key. If the call has not been activated by the Court, you will be placed on hold. 4. Once the call is activated you will be prompted to enter the participant security code 0511201 followed by the # key. You will now be entered into the conference. If you have any questions before the hearing begins please do not hesitate to contact chambers at 801-524-6507. If you are having issues during the hearing, you can email the courtroom deputy at Kim_Forsgren@utd.uscourts.gov. (kms) |
| Filing 49 Plaintiff's REPLY to Response to Motion re #45 MOTION to Expedite Discovery filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 48 MEMORANDUM in Opposition re #45 MOTION to Expedite Discovery filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
| Filing 47 EXHIBITS filed by Pravin Bathija re #45 MOTION to Expedite Discovery . (Chanley, Steven) |
| Filing 46 DECLARATION of Steven M. Chanley re #45 MOTION to Expedite Discovery filed by Pravin Bathija. (Chanley, Steven) |
| Filing 45 Short Form MOTION to Expedite Discovery filed by Plaintiff Pravin Bathija. (Chanley, Steven) Modified on 4/15/2020-added short form per chambers (BSJ,KS). (jrj). |
| Filing 44 CERTIFICATE OF SERVICE by Pravin Bathija THIRD-PARTY SUBPOENAS (Chanley, Steven) |
| Filing 43 NOTICE VACATING MOTION HEARING set for 4/2/2020, 10:00 AM before Judge Jenkins. (Hearing may be re-set if appropriate.) (kms) |
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Filing 42
PROTECTIVE ORDER, Motions terminated: #32 MOTION for Protective Order filed by Pravin Bathija. See Order for details. Signed by Judge Bruce S. Jenkins on 3/16/20. (jrj)
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| Filing 41 REQUEST to Submit for Decision filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 40 AMENDED NOTICE OF HEARING ON MOTION re: #20 MOTION to Dismiss or Stay: Motion Hearing is re-set for 4/2/2020 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
| Filing 39 DECLARATION of Steven M Chanley filed by Pravin Bathija. (Attachments: #1 Exhibit A)(Chanley, Steven) |
| Filing 38 REQUEST to Submit for Decision re #27 MOTION for Scheduling Order filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 37 REPLY BRIEF re #27 MOTION for Scheduling Order filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 36 MEMORANDUM in Opposition re #27 MOTION for Scheduling Order filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
| Filing 35 STATUS REPORT Second by Pravin Bathija. (Chanley, Steven) |
| Filing 34 REPLY to Response to Motion re #20 Defendant's MOTION to Dismiss and Memorandum in Support based on the Delaware Forum Selection Clause in the Contract at Issue, or Alternatively Stay this Action Pending Resolution of Two Related Cases Pending in California and Delaware filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Peay, Stewart) |
| Filing 33 CLERK'S NOTICE OF POSSIBLE ERROR: Description of possible error: The Motion for Protective Order #32 appears to be the Standard Protective Order, and by virtue of the rule, need not be entered in the docket. See DUCivR 26-2(a)(1). If the Standard Protective Order is to be modified, please re-file the Motion and indicate what modifications are being made. (kms) |
| Filing 32 MOTION for Protective Order filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 31 AFFIDAVIT/DECLARATION of Steven M. Chanley in Opposition re #20 Defendant's MOTION to Dismiss and Memorandum in Support based on the Delaware Forum Selection Clause in the Contract at Issue, or Alternatively Stay this Action Pending Resolution of Two Related Cases Pending in California and Delaware filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 30 Plaintiff's APPENDIX OF AUTHORITIES RE: RESPONSE to Motion re #20 Defendant's MOTION to Dismiss and Memorandum in Support based on the Delaware Forum Selection Clause in the Contract at Issue, or Alternatively Stay this Action Pending Resolution of Two Related Cases Pending in California and Delaware filed by Plaintiff Pravin Bathija. (Chanley, Steven) Modified on 2/28/2020 (kms). |
| Filing 29 Plaintiff's RESPONSE to Motion re #20 Defendant's MOTION to Dismiss and Memorandum in Support based on the Delaware Forum Selection Clause in the Contract at Issue, or Alternatively Stay this Action Pending Resolution of Two Related Cases Pending in California and Delaware filed by Plaintiff Pravin Bathija. (Chanley, Steven) |
| Filing 28 NOTICE of Appearance by Cameron J. Cutler on behalf of 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen (Cutler, Cameron) |
| Filing 27 MOTION for Scheduling Order filed by Plaintiff Pravin Bathija. (Attachments: #1 Proposed Order to Motion for Initial Scheduling Conference)(Ballstaedt, Joseph) |
| Filing 26 REPORT OF ATTORNEY PLANNING MEETING. (Ballstaedt, Joseph) |
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Filing 25
ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Chet A. Kronenberg for 313 Acquisition,Chet A. Kronenberg for Alex Dunn,Chet A. Kronenberg for Dale Gerard,Chet A. Kronenberg for Todd Pedersen.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Bruce S. Jenkins on 2/19/20. (jmr)
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| Filing 24 MOTION for Admission Pro Hac Vice of Chet A. Kronenberg , Registration fee $ 250, receipt number AUTDC-3495254,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Attachments: #1 Exhibit A-Application of Chet A. Kronenberg, #2 Text of Proposed Order Order Granting Motion for Pro Hac Vice)(Peay, Stewart) |
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Filing 23
ORDER FROM FEBRUARY 13, 2020 STATUS AND SCHEDULING CONFERENCE - Set Deadlines as to #20 Defendant's MOTION to Dismiss and Memorandum in Support based on the Delaware Forum Selection Clause in the Contract at Issue, or Alternatively Stay this Action Pending Resolution of Two Related Cases Pending in California and Delaware. Opposition due 2/27/20 and Reply due 3/5/20.( Motion Hearing set for 3/13/2020 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins.) See Order for details. Signed by Judge Bruce S. Jenkins on 2/18/20. (jmr)
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| Filing 22 NOTICE OF HEARING ON MOTION re: #20 Defendant's MOTION to Dismiss and Memorandum in Support based on the Delaware Forum Selection Clause in the Contract at Issue, or Alternatively Stay this Action Pending Resolution of Two Related Cases Pending in California and Delaware : (Notice generated by Kim Forsgren) Motion Hearing set for 3/13/2020 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kpf) |
| Filing 21 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Report and Scheduling Conference held on 2/10/2020. Argument set of the Motion to Dismiss for 3/13/2020, at 10:00 a.m. Attorney for Plaintiff: Steven M. Chanley - VIA Telephone, Attorney for Defendant: Stewart Peay -(All named dfts). Court Reporter: Lindsay Payeur.(kpf) Modified to add text and image on 3/2/2020 (kpf). |
| Filing 20 Defendant's MOTION to Dismiss and Memorandum in Support based on the Delaware Forum Selection Clause in the Contract at Issue, or Alternatively Stay this Action Pending Resolution of Two Related Cases Pending in California and Delaware filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Attachments: #1 Exhibit A_First Amended Complaint, #2 Exhibit B_Delaware Complaint, #3 Exhibit C_July 16 2018 Hearing, #4 Exhibit D_Conformed Motion to Dismiss, #5 Exhibit E_ February 13 2019 Order, #6 Exhibit F_Appellant Brief, #7 Exhibit G_Respondent Brief)(Peay, Stewart) |
| Filing 19 NOTICE OF HEARING: Status Report and Scheduling Conference (if appropriate) set for 2/13/2020 at 01:15 PM in Rm 7.200 before Judge Bruce S. Jenkins. Please note: the standard procedure before Judge Jenkins is to hold status and scheduling conferences in open court and on the record. (kms) |
| Filing 18 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Bruce S. Jenkins. Magistrate Judge Paul M. Warner no longer assigned to the case. (nl) |
| Filing 17 RECEIVED Consent/Reassignment Form from Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (nl) |
| Filing 16 STATUS REPORT by Pravin Bathija. (Chanley, Steven) |
| Filing 15 RECEIVED Consent/Reassignment Form from Plaintiff Pravin Bathija. (nl) |
| Filing 14 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 Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen, Plaintiff Pravin Bathija. Form due by 1/31/2020. (nl) |
| Filing 13 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Pravin Bathija. (Attachments: #1 Exhibit Employment Agreement, #2 Exhibit Incentive bonus Agreement, #3 Exhibit Vivint's comprehensive incentive plan) (Chanley, Steven) |
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Filing 12
ORDER granting #11 Motion for Extension of Time to Answer re #2 Complaint. Defendant's need not respond to Plaintiff Pravin Bathijas Complaint that was previously filed with the Court; and Plaintiff may file an Amended Complaint, once he does so, Defendants shall have 21 days to respond to the Amended Complaint. Signed by Magistrate Judge Paul M. Warner on 1/13/2020. (nl)
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| Filing 11 Stipulated MOTION for Extension of Time to File Answer re #2 Complaint, filed by Defendants 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen. (Attachments: #1 Text of Proposed Order Order Granting Extension of Time)(Peay, Stewart) |
| Filing 10 NOTICE of Appearance by Stewart O. Peay on behalf of 313 Acquisition, Alex Dunn, Dale Gerard, Todd Pedersen (Peay, Stewart) |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Pravin Bathija as to All Defendants. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit)(Chanley, Steven) |
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Filing 8
ORDER granting #7 Motion for Admission Pro Hac Vice of Steven M. Chanley for Pravin Bathija. 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 9/24/2019. (nl)
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| Filing 7 MOTION for Admission Pro Hac Vice of Steven M. Chanley , Registration fee $ 250, receipt number 1088-3379197, filed by Plaintiff Pravin Bathija. (Attachments: #1 Exhibit Ex. A Application for Admission, #2 Exhibit Ex. B Electronic Case Filing Registration Form, #3 Text of Proposed Order proposed Order Granting Motion for Pro Hac Vice)(Ballstaedt, Joseph) |
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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 Paul M. Warner on 8/19/2019. (nl)
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| Filing 5 Modification of Docket: Error: Complaint was filed against the Plaintiff instead of the Defendants. Correction: Docket text has been modified to reflect complaint is filed against defendants rather than plaintiff; answer records corrected. re #2 Complaint. (rks) |
| Filing 4 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Steven M. Chanley, for Plaintiff Pravin Bathija (rks) |
| Filing 3 NOTICE OF FILING of of Related Cases filed by Plaintiff Pravin Bathija. (Ballstaedt, Joseph) |
| Filing 2 COMPLAINT against 313 Acquistion, Todd Pedersen, Alex Dunn, Dale Gerard (Filing fee $ 400, receipt number 1088-3351149) filed by Pravin Bathija. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Civil Cover Sheet Civil Coversheet) Assigned to Magistrate Judge Paul M. Warner (Ballstaedt, Joseph) Modified by changing the text to reflect the complaint was filed against the defendants not the plaintiff on 8/16/2019 (rks). |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiff Pravin Bathija 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. (rks) |
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