Klein v. Hadderton
| R. Wayne Klein |
| Carey Hadderton |
| 2:2019cv00704 |
| September 27, 2019 |
| US District Court for the District of Utah |
| Paul Kohler |
| David Nuffer |
| Jill N Parrish |
| Other Statutory Actions |
| 28 U.S.C. § 1367 |
| Defendant |
Docket Report
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This docket was last retrieved on May 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 NOTICE VACATING Final Pretrial Conference HEARING set for 5/10/2021 at 10:00 am before Judge Nuffer and Jury Trial set for 5/24/2021 are vacated per order 19 . (pjd) |
| Filing 20 NOTICE OF FILING re 19 Order on Motion for Summary Judgment,,,,,, filed by Plaintiff R. Wayne Klein. (Attachments: #1 Text of Proposed Order)(Balls, Jeffery) |
Filing 19
DOCKET TEXT ORDER taking under advisement #14 Motion for Summary Judgment. The #14 Motion will be granted, so the trial and related dates will be vacated.By no later than March 9, 2021, Plaintiff must prepare and file a proposed memorandum decision and order granting in part the #14 Motion in compliance with DUCivR 54-1(b).The proposed memorandum decision and order must contain an Undisputed Material Facts Section. As a template for the Undisputed Material Facts Section, Plaintiff should refer to the Findings of Undisputed Material Facts at docket no. 35 (filed Feb. 25, 2021) in Klein v. Shepherd, 2:19-cv-00695-DN-PK (D. Utah). The Undisputed Material Facts for the two cases should be substantially similar.The proposed memorandum decision and order must also contain a Discussion Section which includes detailed reasoning and citations of legal authority. The proposed memorandum decision and order will grant Plaintiff's First, Fifth, Sixth, and Seventh Claims for Relief. The granting of Plaintiff's First Claim for Relief must not be based on findings and conclusions of a Ponzi scheme or insolvency, but rather, the presence of other badges of fraud demonstrating actual intent to defraud as supported by the Undisputed Material Facts. Plaintiff's Second, Third, and Fourth Claims for Relief will be rendered moot.A copy of the proposed order, in WORD format, must also be emailed to dj.nuffer@utd.uscourts.gov. Signed by Judge David Nuffer on 02/25/2021. No attached document. (apm)
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| Filing 18 REPLY to Response to Motion re #14 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff R. Wayne Klein. (Balls, Jeffery) |
| Filing 17 MEMORANDUM in Opposition re #14 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Carey Hadderton. (Attachments: #1 Exhibit Discovery Responses, #2 Affidavit Declaration of Carey Hadderton)(Paul, Steven) |
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Filing 16
DOCKET TEXT ORDER granting #15 Motion for Extension of Time to File Response/Reply re #14 MOTION for Summary Judgment and Memorandum in Support. Defendant's response to the #14 Motion must be filed by no later than 1/22/2021. Plaintiff's reply, if any, must be filed by no later than 2/5/2021. The parties are given notice that this extension of time may affect the case's ability to be tried as currently scheduled. Signed by Judge David Nuffer on 12/22/2020. No attached document. (apm)
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| Filing 15 Stipulated MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Summary Judgment and Memorandum in Support and Memorandum in Support to 1/22/2021 filed by Defendant Carey Hadderton. Motions referred to Paul Kohler.(Paul, Steven) |
| Filing 14 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff R. Wayne Klein. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Balls, Jeffery) |
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Filing 13
SCHEDULING ORDER: Amended Pleadings due by 6/5/2020. Joinder of Parties due by 6/5/2020. Expert Discovery due by 10/23/2020. Motions due by 11/27/2020. Final Pretrial Conference set for 5/10/2021 at 10:30 AM in Rm 7.300 before Judge David Nuffer. 2-Day Jury Trial set for 5/24/2021 at 08:00 AM in Rm 7.300 before Judge David Nuffer. Signed by Magistrate Judge Paul Kohler on 4/7/20 (alt)
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| Filing 12 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order)(Balls, Jeffery) |
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Filing 11
MEMORANDUM DECISION AND ORDER denying #8 Motion to Stay. Signed by Magistrate Judge Paul Kohler on 2/18/20 (alt)
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| Filing 10 REPLY to Response to Motion re #8 MOTION to Stay and Memorandum in Support filed by Defendant Carey Hadderton. (Paul, Steven) |
| Filing 9 MEMORANDUM in Opposition re #8 MOTION to Stay and Memorandum in Support filed by Plaintiff R. Wayne Klein. (Balls, Jeffery) |
| Filing 8 MOTION to Stay and Memorandum in Support filed by Defendant Carey Hadderton. (Attachments: #1 Exhibit Appeal Table of Contents, #2 Exhibit Notice that Appeal has been argued and submitted) Motions referred to Paul Kohler.(Paul, Steven) |
| Filing 7 ANSWER to Complaint with Jury Demand filed by Carey Hadderton. Attorney Steven R. Paul added to party Carey Hadderton(pty:dft)(Paul, Steven) |
| Filing 6 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by R. Wayne Klein as to Carey Hadderton served on 10/22/2019, answer due 11/12/2019. (Lehr, Michael) |
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 10/4/2019. (asb)
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Judge David Nuffer for all further proceedings. Judge Jill N. Parrish no longer assigned to case. Case number will now read 2:19-cv-704-DN. Signed by Judge Jill N. Parrish on 10/2/2019. (jds)
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| Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Carey Hadderton. 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) |
| Filing 2 COMPLAINT against Carey Hadderton (Filing fee $ 400, receipt number 1088-3382307) filed by R. Wayne Klein. (Attachments: #1 Exhibit A - Transfers Summary, #2 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Jill N. Parrish (Balls, Jeffery) |
| Filing 1 Case has been indexed and assigned to Judge Jill N. Parrish. Plaintiff R. Wayne Klein 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. (tlh) |
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| Defendant: Carey Hadderton | |
| Represented By: | Steven R. Paul |
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| Plaintiff: R. Wayne Klein | |
| Represented By: | Jeffery A. Balls |
| Represented By: | Michael S. Lehr |
| Represented By: | Jonathan O. Hafen |
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