Hankishiyev v. ARUP Laboratories
Plaintiff: Rafael G. Hankishiyev
Defendant: ARUP Laboratories
Case Number: 2:2019cv00667
Filed: September 19, 2019
Court: US District Court for the District of Utah
Presiding Judge: Howard C Nielson
Referring Judge: Dustin B Pead
2 Judge: Cecilia M Romero
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42:2000
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2019 Filing 28 MOTION for Sanctions and Memorandum in Support filed by Plaintiff Rafael G. Hankishiyev. Motions referred to Dustin B. Pead.(jds)
November 8, 2019 Filing 27 MEMORANDUM in Opposition re #16 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Sanctions for Vexatious Litigation filed by Plaintiff Rafael G. Hankishiyev. (jds)
November 4, 2019 Opinion or Order Filing 26 ORDER MODIFYING REFERRAL of Magistrate Judge Dustin Pead to 28:636 (b)(1)(B) from (b)(1)(A), Magistrate to handle case up to and including R&R on all dispositive matters. Signed by Judge Howard C. Nielson, Jr. on 11/4/2019. (mlp)
November 4, 2019 Opinion or Order Filing 25 Entry Error - See entry 26 for correct order. ORDER MODIFYING REFERRAL of Magistrate Judge Dustin Pead to 28:636 (b)(1)(A) from (b)(1)(B), Magistrate to hear and determine all nondispositive pretrial matters. Signed by Judge Howard C. Nielson, Jr. on 11/4/2019. (mlp) Modified on 11/5/2019 by adding error text (las).
November 1, 2019 Opinion or Order Filing 24 DOCKET TEXT ORDER. #19 Motion for Reassignment of District Judge is denied. Referral of matters to magistrates is authorized by statute. See 28 U.S.C. 636(b)(1). The Supreme Court has held that referral of matters to magistrates is constitutional. See United States v. Raddatz, 447 U.S. 667, 681-82 (1980). In addition, Plaintiff's assertions regarding Magistrate Judge Pead are conclusory and implausible. These assertions warrant neither further discussion nor reassignment of either Judge assigned to this case. Signed by Judge Howard C. Nielson, Jr., on November 1, 2019. (mtw)
November 1, 2019 Filing 23 Redacted EXHIBITS re #1 Complaint. (las)
November 1, 2019 Opinion or Order Filing 22 ORDER granting #17 Motion to Seal. Signed by Magistrate Judge Dustin B. Pead on 11/1/2019. (las)
November 1, 2019 Filing 21 NOTICE of Appearance by Taylor Paige Webb on behalf of ARUP Laboratories (Webb, Taylor)
October 31, 2019 Filing 20 NOTICE of Appearance by Taylor Paige Webb on behalf of ARUP Laboratories (Webb, Taylor)
October 31, 2019 Filing 19 MOTION for Reassignment of District Judge filed by Plaintiff Rafael G. Hankishiyev. (jwt)
October 30, 2019 Opinion or Order Filing 18 DOCKET TEXT ORDER. On October 29, 2019 Defendant filed a Motion to Dismiss Plaintiff's complaint based on res judicata, failure to exhaust administrative remedies and statute of limitations grounds #16 . Defendant's motion is dispositive and it is therefore in the best interest of the parties, and the court, to delay the entry of a scheduling order. Accordingly, Plaintiff's Motion for an Initial Scheduling Conference is DENIED without prejudice #10 . If appropriate, Plaintiff may refile his motion after the court resolves Defendant's outstanding motion for dismissal. Signed by Magistrate Judge Dustin B. Pead on 10/30/2019. No attached document. (amn)
October 29, 2019 Filing 17 Redacted MOTION to Seal Exhibits Attached to Plaintiff's Complaint filed by Defendant ARUP Laboratories. (Attachments: #1 Exhibit Redacted Exhibits, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Rice, Robert)
October 29, 2019 Filing 16 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Sanctions for Vexatious Litigation filed by Defendant ARUP Laboratories. (Attachments: #1 Exhibit Unperfected Charge)(Rice, Robert)
October 29, 2019 Opinion or Order Filing 15 ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Dustin B. Pead. Signed by Judge Howard C. Nielson, Jr. on 10/29/2019. (las)
October 17, 2019 Filing 14 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 Howard C. Nielson, Jr. Magistrate Judge Cecilia M. Romero no longer assigned to the case. (nl)
October 17, 2019 Filing 12 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #6 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)
October 15, 2019 Filing 13 RECEIVED Consent/Reassignment Form from Plaintiff Rafael G. Hankishiyev. (nl)
October 15, 2019 Filing 11 RESPONSE to Motion re #10 MOTION for Initial Scheduling Conference filed by Defendant ARUP Laboratories. (Rice, Robert)
October 11, 2019 Filing 10 MOTION for Initial Scheduling Conference filed by Plaintiff Rafael G. Hankishiyev. (nl)
October 3, 2019 Filing 9 RECEIVED Consent/Reassignment Form from Defendant ARUP Laboratories. (nl)
October 1, 2019 Filing 7 CLERKS ORDER of Granting Motion for Extension of Time to File Response to Complaint re #1 Complaint signed by Anne W. Morgan, Chief Deputy Clerk, Answer deadline updated for ARUP Laboratories answer due 10/30/2019. Motions terminated: #4 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #1 Complaint Pursuant to DUCivR 77-2(a)(2) filed by ARUP Laboratories. (nl)
October 1, 2019 Filing 6 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 Defendant ARUP Laboratories, Plaintiff Rafael G. Hankishiyev. Form due by 10/16/2019. (nl)
October 1, 2019 Filing 5 Objection to Motion re #4 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #1 Complaint Pursuant to DUCivR 77-2(a)(2) filed by Plaintiff Rafael G. Hankishiyev. (nl)
September 27, 2019 Filing 8 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Rafael G. Hankishiyev as to ARUP Laboratories served on 9/25/2019, answer due 10/16/2019. (nl)
September 27, 2019 Filing 4 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #1 Complaint Pursuant to DUCivR 77-2(a)(2) filed by Defendant ARUP Laboratories. (Attachments: #1 Text of Proposed Order) Attorney Robert O. Rice added to party ARUP Laboratories(pty:dft)(Rice, Robert)
September 23, 2019 Opinion or Order Filing 3 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 Cecilia M. Romero on 9/23/2019. (nl)
September 19, 2019 Filing 2 **RESTRICTED DOCUMENT**Summons Issued as to ARUP Laboratories. (nl)
September 19, 2019 Filing 1 COMPLAINT against ARUP Laboratories (Filing fee $ 400, receipt number 4681087887) (Fee Status: paid) filed by Rafael G. Hankishiyev. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet 1) Assigned to Magistrate Judge Cecilia M. Romero (nl) Modified on 11/1/2019 by sealing the exhibits per #22 Order. (las).

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Plaintiff: Rafael G. Hankishiyev
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Defendant: ARUP Laboratories
Represented By: Robert O. Rice
Represented By: Taylor Paige Webb
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