IBC Advanced Technologies v. 6th Wave Innovations et al
Plaintiff: IBC Advanced Technologies
Defendant: 6th Wave Innovations and Michael Schrider
Case Number: 2:2019cv00826
Filed: October 28, 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: Personal Property: Other
Cause of Action: 28:1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 16, 2019 Filing 86 Court Witness and Exhibit List from 12/16/2019 hearing. (mlp)
December 16, 2019 Filing 85 Minute Order. Proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 12/16/2019 re #72 MOTION to Expedite Consideration of Mr. Schrider's Motion to Strike IBC's Motion for Preliminary Injunction for Failure to Disclose Trade Secrets filed by Michael Schrider, #51 Redacted MOTION to Dismiss and Memorandum in Support to Dismiss Plaintiff's First Amended Complaint filed by Michael Schrider, #22 MOTION for Order to Show Cause and Memorandum in Support filed by IBC Advanced Technologies, #74 MOTION to Strike #49 Reply Memorandum/Reply to Response to Motion and Memorandum in Support filed by IBC Advanced Technologies, #71 MOTION to Strike IBC's Motion for Preliminary Injunction for Failure to Disclose Trade Secrets filed by Michael Schrider.Witnesses Steven R. Izatt, Gavin Harris, David R. Hammond, Michael L. Schrider, Peter A. Manuel, Jonathan P. Gluckman and Robert Knudsen all sworn and testimony heard. By oral orders, the court denied Plaintiff's #74 Motion to Strike; granted Defendant 6th Wave's #49 motion to dismiss; denied Defendant Mr. Schrider's #51 Motion to Dismiss; denied as moot Defendant Mr. Schrider's #71 Motion to Strike; denied as moot Defendant Mr. Schrider's #72 Motion to Expedite; denied Plaintiff's #22 Motion for Order to Show Cause; denied Plaintiff's [8-13] motion for limited expedited discovery. The court also indicated that it will, by a forthcoming written order, deny Plaintiff's motion for a preliminary injunction [8-2]. Attorney for Plaintiff: Andrew G. Deiss, Luke M. Salyer, Brenda E. Weinberg Attorney for Defendant: Christopher M. Von Maack, Brian E. Lahti, Christopher J. Martinez, Ashley Walker. Court Reporter: Lindsay Payeur.(Time Start: 10:00, Time End: 4:30, Room 7.3.) (mlp)
December 15, 2019 Filing 84 RESPONSE to Motion re #71 MOTION to Strike IBC's Motion for Preliminary Injunction for Failure to Disclose Trade Secrets Statement of Trade Secrets filed by Plaintiff IBC Advanced Technologies. (Weinberg, Brenda)
December 13, 2019 Filing 83 RESPONSE to Motion re #71 MOTION to Strike IBC's Motion for Preliminary Injunction for Failure to Disclose Trade Secrets filed by Defendant 6th Wave Innovations. (Attachments: #1 Exhibit XPO Logistics, Inc. v. LeeWay Global Logistics LLC, No. 2:15-cv-703, Dkt. No. 169)(Von Maack, Christopher)
December 13, 2019 Filing 82 NOTICE of Appearance by Luke M. Salyer on behalf of IBC Advanced Technologies (Salyer, Luke)
December 13, 2019 Filing 81 RESPONSE to Motion re #74 MOTION to Strike #49 Reply Memorandum/Reply to Response to Motion and Memorandum in Support filed by Defendant 6th Wave Innovations. (Von Maack, Christopher)
December 13, 2019 Filing 80 REPLY to Response to Motion re #51 Redacted MOTION to Dismiss and Memorandum in Support to Dismiss Plaintiff's First Amended Complaint filed by Defendant Michael Schrider. (Martinez, Christopher)
December 11, 2019 Filing 79 REQUEST to Submit for Decision re #71 MOTION to Strike IBC's Motion for Preliminary Injunction for Failure to Disclose Trade Secrets filed by Defendant Michael Schrider. (Martinez, Christopher)
December 11, 2019 Filing 78 REPLY to Response to Motion re #71 MOTION to Strike IBC's Motion for Preliminary Injunction for Failure to Disclose Trade Secrets filed by Defendant Michael Schrider. (Martinez, Christopher)
December 10, 2019 Filing 77 MEMORANDUM in Opposition re #71 MOTION to Strike IBC's Motion for Preliminary Injunction for Failure to Disclose Trade Secrets filed by Plaintiff IBC Advanced Technologies. (Weinberg, Brenda)
December 10, 2019 Filing 76 Motions No Longer Referred: #71 MOTION to Strike IBC's Motion for Preliminary Injunction for Failure to Disclose Trade Secrets, #72 MOTION to Expedite Consideration of Mr. Schrider's Motion to Strike IBC's Motion for Preliminary Injunction for Failure to Disclose Trade Secrets, #74 MOTION to Strike #49 Reply Memorandum/Reply to Response to Motion and Memorandum in Support. (ang)
December 9, 2019 Filing 75 OBJECTIONS to #60 Reply Memorandum/Reply to Response to Motion, filed by Michael Schrider. (Martinez, Christopher)
December 9, 2019 Filing 74 MOTION to Strike #49 Reply Memorandum/Reply to Response to Motion and Memorandum in Support filed by Plaintiff IBC Advanced Technologies. Motions referred to Evelyn J. Furse.(Deiss, Andrew)
December 9, 2019 Filing 73 MEMORANDUM in Opposition re #51 Redacted MOTION to Dismiss and Memorandum in Support to Dismiss Plaintiff's First Amended Complaint filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Exhibit A (Notice of Canadian Action))(Deiss, Andrew)
December 9, 2019 Filing 72 MOTION to Expedite Consideration of Mr. Schrider's Motion to Strike IBC's Motion for Preliminary Injunction for Failure to Disclose Trade Secrets filed by Defendant Michael Schrider. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Martinez, Christopher)
December 9, 2019 Filing 71 MOTION to Strike IBC's Motion for Preliminary Injunction for Failure to Disclose Trade Secrets filed by Defendant Michael Schrider. (Attachments: #1 Exhibit A) Motions referred to Evelyn J. Furse.(Martinez, Christopher)
December 5, 2019 Filing 70 Defendant's OBJECTIONS to #59 Reply Memorandum/Reply to Response to Motion, to Evidence Proffered in Reply in Support of Motion for Preliminary Injunction as to 6th Wave Innovations Corp filed by 6th Wave Innovations. (Von Maack, Christopher)
December 4, 2019 Opinion or Order Filing 69 ORDER granting #42 Motion for Leave to File Overlength Memorandum. Signed by Magistrate Judge Evelyn J. Furse on 12/4/2019. (las)
December 4, 2019 Opinion or Order Filing 68 ORDER granting #63 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Evelyn J. Furse on 12/4/2019. (las)
December 4, 2019 Opinion or Order Filing 67 ORDER granting #62 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Evelyn J. Furse on 12/4/2019. (las)
December 4, 2019 Filing 66 Motions No Longer Referred: #22 MOTION for Order to Show Cause and Memorandum in Support. (ang)
December 3, 2019 Filing 65 ERRATA to #60 Reply Memorandum/Reply to Response to Motion, filed by Plaintiff IBC Advanced Technologies . (Attachments: #1 Exhibit A)(Weinberg, Brenda)
December 3, 2019 Filing 64 ERRATA to #59 Reply Memorandum/Reply to Response to Motion, filed by Plaintiff IBC Advanced Technologies . (Attachments: #1 Exhibit A)(Weinberg, Brenda)
December 3, 2019 Filing 63 MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Weinberg, Brenda)
December 3, 2019 Filing 62 MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Weinberg, Brenda)
December 3, 2019 Filing 61 REPLY BRIEF re #8 File Received,,,,,,, Plaintiff's Reply Memorandum in Support of Motion For Expedited Discovery filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Exhibit Plaintiff's First Set of Early Discovery Requests)(Weinberg, Brenda)
December 2, 2019 Filing 60 Redacted REPLY to Response to Motion re #12 MOTION for Temporary Restraining Order and Memorandum in Support Or, to Set Preliminary Injunction Hearing filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Exhibit Exhibit 14, #2 Exhibit Exhibit 15, #3 Exhibit Exhibit 16)(Weinberg, Brenda)
December 2, 2019 Filing 59 Redacted REPLY to Response to Motion re #12 MOTION for Temporary Restraining Order and Memorandum in Support Or, to Set Preliminary Injunction Hearing filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Exhibit Exhibit 13)(Weinberg, Brenda)
December 2, 2019 Filing 58 Redacted REPLY to Response to Motion re #22 MOTION for Order to Show Cause and Memorandum in Support filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Exhibit Scheduling Conference Transcript)(Weinberg, Brenda)
December 2, 2019 Opinion or Order Filing 57 DOCKET TEXT ORDER - Plaintiff shall file its response to Defendant Michael Schrider's motion to dismiss (Dkt. No. 51) no later than 12/9/19 at 5 p.m. Defendant shall file his reply in support of his motion to dismiss no later than 12/13/19 at 5 p.m. Signed by Judge Howard C. Nielson, Jr., on 12/2/2019. (rpm)
December 2, 2019 Opinion or Order Filing 56 DOCKET TEXT ORDER - At the preliminary injunction hearing set for December 16, 2019, the court will hear argument regarding Plaintiff's motion for preliminary injunction, Plaintiff's motion for expedited discovery, Plaintiff's motion to show cause, and Defendants' motions to dismiss. Signed by Judge Howard C. Nielson, Jr., on 12/2/2019. (rpm)
November 27, 2019 Opinion or Order Filing 55 DOCKET TEXT ORDER granting #52 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Evelyn J. Furse on 11/27/19. No attached document. (ang)
November 26, 2019 Filing 54 REQUEST to Submit for Decision re #19 Defendant's MOTION to Dismiss , #49 Reply Memorandum/Reply to Response to Motion, #43 Amended Complaint filed by Defendant 6th Wave Innovations. (Von Maack, Christopher)
November 26, 2019 Filing 53 **SEALED DOCUMENT** re #51 Redacted MOTION to Dismiss and Memorandum in Support to Dismiss Plaintiff's First Amended Complaint filed by Defendant Michael SchriderNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - First Amended Complaint)(Martinez, Christopher)
November 26, 2019 Filing 52 MOTION for Leave to File Sealed Document re #51 Redacted MOTION to Dismiss and Memorandum in Support to Dismiss Plaintiff's First Amended Complaint filed by Defendant Michael Schrider. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Evelyn J. Furse.(Martinez, Christopher)
November 26, 2019 Filing 51 Redacted MOTION to Dismiss and Memorandum in Support to Dismiss Plaintiff's First Amended Complaint filed by Defendant Michael Schrider. (Attachments: #1 Exhibit A - filed under seal, #2 Exhibit B - filed under seal, #3 Exhibit C - Ruling & Order, #4 Exhibit D - Notice of Appeal, #5 Exhibit E - Docketing Statement, #6 Exhibit F - Notice of Defence, #7 Exhibit G - Izatt Affidavit)(Martinez, Christopher)
November 26, 2019 Opinion or Order Filing 50 DOCKET TEXT ORDER granting #20 Motion to Seal Document; granting #28 Motion for Leave to File Sealed Document; granting #31 Motion to Seal Document; granting #40 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Evelyn J. Furse on 11/26/19. No attached document. (ang)
November 25, 2019 Filing 49 REPLY to Response to Motion re #19 Defendant's MOTION to Dismiss filed by Defendant 6th Wave Innovations. (Attachments: #1 Exhibit 1 - Nov. 18, 2018 Email B. Weinberg to B. Lahti)(Von Maack, Christopher)
November 25, 2019 Opinion or Order Filing 48 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 Judge Howard C. Nielson, Jr. on 11/25/2019. (las)
November 25, 2019 Opinion or Order Filing 47 DOCKET TEXT ORDER. Based on the stipulated motion, Dkt. No. 46, and for good cause appearing, the court grants the stipulation motion to extend time for Plaintiff to respond to Defendants' oppositions to the preliminary injunction motion, motion for order to show cause, and motion for limited expedited discovery. Plaintiff's replies shall be due no later than December 2, 2019, at 5 p.m. Signed by Judge Howard C. Nielson, Jr. on 11/25/2019. (mlp)
November 22, 2019 Filing 46 Stipulated MOTION for Extension of Time to File Response/Reply as to #37 Memorandum (NOT to motion), #44 Memorandum in Opposition to Motion, #39 Memorandum in Opposition to Motion,,, #45 Memorandum (NOT to motion), #38 Memorandum in Opposition to Motion, and Memorandum in Support filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Text of Proposed Order)(Weinberg, Brenda)
November 18, 2019 Filing 45 Defendant's MEMORANDUM Joining Opposition to Plaintiff's Motion for Expedited Discovery filed by 6th Wave Innovations. (Von Maack, Christopher)
November 18, 2019 Filing 44 MEMORANDUM in Opposition re #12 MOTION for Temporary Restraining Order and Memorandum in Support Or, to Set Preliminary Injunction Hearing filed by Defendant 6th Wave Innovations. (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)(Von Maack, Christopher)
November 18, 2019 Filing 43 AMENDED COMPLAINT Redacted against 6th Wave Innovations, Michael Schrider. filed by IBC Advanced Technologies. (Weinberg, Brenda)
November 18, 2019 Filing 42 MOTION for Leave to File Overlength Memorandum in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction filed by Defendant Michael Schrider. (Attachments: #1 Text of Proposed Order Order)(Martinez, Christopher)
November 18, 2019 Filing 41 **SEALED DOCUMENT** re #39 Memorandum in Opposition to Motion,,, filed by Defendant Michael SchriderNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - 1st Amend Complaint, #3 Exhibit 3 part 1 of 2 - Manuel Affidavit, #4 Exhibit 3 part 2 of 2 - Manuel Affidavit, #5 Exhibit 5 - Agreement, #6 Exhibit 6 - Example Agreements, #7 Exhibit 8 - Schrider Decl)(Martinez, Christopher)
November 18, 2019 Filing 40 MOTION for Leave to File Sealed Document re #39 Memorandum in Opposition to Motion,,, filed by Defendant Michael Schrider. (Attachments: #1 Text of Proposed Order Order)(Martinez, Christopher)
November 18, 2019 Filing 39 Redacted MEMORANDUM in Opposition re #12 MOTION for Temporary Restraining Order and Memorandum in Support Or, to Set Preliminary Injunction Hearing filed by Defendant Michael Schrider. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Docketing Statement, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Notice of Defence, #8 Exhibit 8 - Redacted Decl of Michael Schrider, #9 Exhibit 9 - Izatt Affidavit, #10 Exhibit 10 - Schrider Affidavit, #11 Exhibit 11 - Complaint, #12 Exhibit 12 - 1st Amended Complaint, #13 Exhibit 13 - Article, #14 Exhibit 14 - Article, #15 Exhibit 15 - Ruling, #16 Exhibit 16 - TM Records, #17 Exhibit 17 - Examples, #18 Exhibit 18 - Ltr from C. Martinez, #19 Exhibit 19 - Opinion)(Martinez, Christopher)
November 18, 2019 Filing 38 MEMORANDUM in Opposition re #22 MOTION for Order to Show Cause and Memorandum in Support filed by Defendant Michael Schrider. (Attachments: #1 Exhibit 1 - TRO, #2 Exhibit 2 - Opp to Moton to Discolve TRO, #3 Exhibit 3 - Motion for Limited Expedited Discovery, #4 Exhibit 4 - Affidavit of Service)(Martinez, Christopher)
November 18, 2019 Filing 37 Defendant's MEMORANDUM in Opposition to Plaintiff's Motion for Expedited Discovery filed by Michael Schrider. (Martinez, Christopher)
November 14, 2019 Filing 35 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on October 31, 2019 before Judge Howard C. Nielson, Jr.. Court Reporter/Transcriber Laura Robinson, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/5/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/12/2020. (las)
November 13, 2019 Filing 34 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #9 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)
November 7, 2019 Filing 33 NOTICE OF HEARING: (Notice generated by HCN chambers) Preliminary Injunction Hearing RESET for 12/16/2019 at 10:00 AM in Rm 7.300 before Judge Howard C. Nielson, Jr. (mlp)
November 4, 2019 Filing 32 EXHIBITS filed by IBC Advanced Technologies re 23 Order,,,,, #29 Brief,. (Weinberg, Brenda)
November 4, 2019 Filing 31 MOTION to Seal Document 23 Order,,,,, and Memorandum in Support filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Exhibit Exhibit E Declaration of Steven Izatt, #2 Exhibit Exhibit F Declaration of Ronald Bruening)(Weinberg, Brenda)
November 4, 2019 Filing 30 **SEALED DOCUMENT** re #27 Redacted MOTION to Dismiss and Memorandum in Support Plaintiff's Complaint filed by Defendant Michael SchriderNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - Filed Under Seal (Complaint), #2 Exhibit B - Filed Under Seal (1st Amended Complaint), #3 Exhibit C - Ruling & Order, #4 Exhibit D - Notice of Appeal, #5 Exhibit E - Notice of Defense, #6 Exhibit F - Izatt Affidavit)(Martinez, Christopher)
November 4, 2019 Filing 29 Supplemental BRIEF re 23 Order,,,,, filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Exhibit Declaration of David Hammond, #2 Exhibit Declaration of Gavin Harris, #3 Exhibit Affidavit of Peter Manuel, #4 Exhibit October 30, 2019 Letters)(Weinberg, Brenda)
November 4, 2019 Filing 28 MOTION for Leave to File Sealed Document re #27 Redacted MOTION to Dismiss and Memorandum in Support Plaintiff's Complaint filed by Defendant Michael Schrider. (Attachments: #1 Text of Proposed Order Order Granting Motion for Leave to File Exhibits Under Seal)(Martinez, Christopher)
November 4, 2019 Filing 27 Redacted MOTION to Dismiss and Memorandum in Support Plaintiff's Complaint filed by Defendant Michael Schrider. (Attachments: #1 Exhibit A - Under Seal, #2 Exhibit B - Under Seal, #3 Exhibit C - Ruling & Order, #4 Exhibit D - Notice of Appeal, #5 Exhibit E - Notice of Defense, #6 Exhibit F - Izatt Affidavit)(Martinez, Christopher)
November 4, 2019 Filing 26 Supplemental BRIEF re 23 Order,,,,, filed by Plaintiff IBC Advanced Technologies. (Weinberg, Brenda)
November 4, 2019 Filing 25 Supplemental BRIEF re 23 Order,,,,, filed by Plaintiff IBC Advanced Technologies. (Weinberg, Brenda)
November 1, 2019 Opinion or Order Filing 23 DOCKET TEXT ORDER - Supplemental briefing for Plaintiff's preliminary injunction motion, Plaintiff's motion for expedited discovery, and Defendant 6th Wave's motion to dismiss due by 11/4/2019 at 5 p.m. Plaintiff's list of declarants due by 11/4/2019 at 5 p.m. In addition, Plaintiff shall identify the specific information disclosed or provided to Mr. Schrider that it believes constitutes trade secrets by 11/4/2019 at 5 p.m. Any of Plaintiff's declarations not filed by 11/4/2019 are due by 11/11/2019 at 5 p.m. If desired, Plaintiff may provide a concise supplemental brief, limited to matters addressed by the additional declarations, by 11/11/2019 at 5 p.m. Response briefs due by 11/18/2019 at 5 p.m. Defendants' list of declarants and declarations due by 11/18/2019 at 5 p.m. Reply briefs due by 11/25/2019 at 5 p.m. Preliminary injunction hearing set for 12/5/2019 at 10 a.m. The parties shall rely on the declarations submitted rather than on direct examination of their witnesses at the hearing. However, each party will have an opportunity to cross examine the opposing party's witnesses at the hearing. (No attached document.) Signed by Judge Howard C. Nielson, Jr., on 11/1/2019. (las) Modified on 11/4/2019 - formatting corrections made at request of chambers(jwt).
October 31, 2019 Filing 24 Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Status Conference held on 10/31/2019. Court heard argument from all parties. By oral order, the court held that the temporary restraining order (TRO) issued by the Utah state court expired on October 28, 2019. Accordingly, the court denied Plaintiff's request to extend the TRO (see #12) and denied as moot Defendant's request to dissolve the TRO (see #10). The court also directed Defendant Mr. Schrider to file a response to Plaintiff's motion to show cause (#22) by 11/18/2019. Because the court found that the law is unsettled regarding whether motions pending in state court before removal remain pending in federal court after removal, the court allowed Plaintiff an opportunity to supplement its motions for a preliminary injunction and for expedited discovery. The court will also allow Defendant 6th Wave to supplement its motion to dismiss. Attorney for Plaintiff: Brenda E. Weinberg, John Robinson, Jr., Attorney for Defendant: Christopher M. Von Maack, Brian E. Lahti, Christopher J. Martinez. Court Reporter: Laura Robinson.(Time Start: 2:00, Time End: 3:30, Room 7.3.)(mlp)
October 30, 2019 Filing 22 MOTION for Order to Show Cause and Memorandum in Support filed by Plaintiff IBC Advanced Technologies. (Weinberg, Brenda)
October 30, 2019 Filing 21 **SEALED DOCUMENT** re #20 MOTION to Seal Document and Memorandum in Support filed by Plaintiff IBC Advanced TechnologiesNOTE: Filer is instructed to serve the sealed document on all other parties.. (Weinberg, Brenda)
October 30, 2019 Filing 20 MOTION to Seal Document and Memorandum in Support filed by Plaintiff IBC Advanced Technologies. (Weinberg, Brenda)
October 29, 2019 Deadlines terminated re Consent/Reassignment forms, case reassigned to District Judge on 10/29/2019. (nl)
October 29, 2019 Filing 19 Defendant's MOTION to Dismiss filed by Defendant 6th Wave Innovations. (Von Maack, Christopher)
October 29, 2019 Opinion or Order Filing 18 ORDER OF RECUSAL Judge Ted Stewart recused. Case reassigned to Judge Howard C. Nielson, Jr. for all further proceedings Signed by Judge Ted Stewart on 10/29/2019. (las)
October 29, 2019 Filing 17 NOTICE OF HEARING: (Notice generated by HCN chambers) Status Conference set for 10/31/2019 at 02:00 PM in Rm 7.300 before Judge Howard C. Nielson, Jr. (mlp)
October 29, 2019 Filing 16 RECEIVED Consent/Reassignment Form from Defendant 6th Wave Innovations. (nl)
October 29, 2019 Filing 15 ERRATA filed by Defendant 6th Wave Innovations Errata to 6th Wave's Corporate Disclosure Statement. (Attachments: #1 Exhibit 1)(Von Maack, Christopher)
October 29, 2019 Filing 14 Case randomly assigned to Judge Ted Stewart per 13 Docket Text Order for Case to be Reassigned. Magistrate Judge Paul M. Warner no longer assigned to the case. (jwt)
October 28, 2019 Opinion or Order Filing 13 DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Pursuant to court policy, Plaintiff's filing of a motion for immediate injunctive relief renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Paul M. Warner on 10/28/2019. No attached document. (tmb)
October 28, 2019 Filing 12 MOTION for Temporary Restraining Order and Memorandum in Support Or, to Set Preliminary Injunction Hearing filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Exhibit Exhibit 1 - Manuel Affidavit)(Deiss, Andrew)
October 28, 2019 Filing 11 OPPOSITION re #10 MOTION To Dissolve Temporary Restraining Order and Postpone Hearing for Preliminary Injunction, filed by Plaintiff IBC Advanced Technologies. (Attachments: #1 Exhibit A, #2 Exhibit B)(nl)
October 28, 2019 Filing 10 MOTION To Dissolve Temporary Restraining Order and Postpone Hearing for Preliminary Injunction filed by Defendant Michael Schrider. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(nl)
October 28, 2019 Filing 9 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 6th Wave Innovations, Michael Schrider, Plaintiff IBC Advanced Technologies. Form due by 11/12/2019. (nl) Modified on 12/3/2019 (nl).
October 28, 2019 Filing 8 File Received from 4th District Court - Utah County consisting of Docket and filings from state court. (Attachments: #1 State Complaint, #2 State Motion for TRO, #3 State Motion for TRO Proposed Order, #4 State Mtn for TRO Exhibit 3, #5 State Mtn for TRO Exhibit 4, #6 State Mtn for TRO Exhibit 5, #7 State Mtn for TRO Exhibit 8, #8 State Mtn for TRO Exhibit 10, #9 State Mtn for TRO Exhibit 11, #10 State Mtn for TRO Exhibit 12, #11 Proposed Order re Mtn to File Exhibit 1, #12 Proposed Order re Mtn to File Exhibits 2, 6-7 and 9, #13 Motion for Limited Expedited Discovery, #14 Motion for Limited Expedited Discovery Proposed Order, #15 Motion for Leave to File Overlength Motion for TRO, #16 Motion for Leave to File Overlength Motion for TRO Proposed Order, #17 Request for Decision re Mtn for Limited Discovery, #18 Request for Decision re Mtn to Cladssify Exhibit 1 as Protected, #19 Request to Submit for Decision to File Overlength Motion for TRO, #20 Request to Submit for Decision to Seal Exhibits 2, 6-7 and 9, #21 Request to Submit for Decision re Motion for TRO, #22 Motion for TRO Proposed Order, #23 Order on TRO, #24 Proposed Order Granting Overlength Motion for TRO, #25 Order Granting Overlength Motion for TRO, #26 Order Granting Mtn to Seal Exhibits 2, 6-7 and 9, #27 Order Granting Mtn to File Exhibit 1 as Protected, #28 Return of Service on 6th Wave, #29 Return of Service on M. Schrider, #30 Def's M Schrider Motion to Dissolve TRO, #31 Def's M Schrider Motion to Dissolve TRO Proposed Order, #32 Request to Submit for Decision re Def's M Schrider Motion to Dissolve TRO, #33 Return of Service on 6th Wave re TRO, #34 Plaintiffs Opposision to Motion to Dissolve TRO, #35 Plaintiffs Opposision to Motion to Dissolve TRO Exhibit A, #36 Plaintiffs Opposision to Motion to Dissolve TRO Exhibit B, #37 State Notice of Removal to Federal Court) (nl)
October 28, 2019 Filing 7 NOTICE OF ADR, e-mailed or mailed to Defendant Michael Schrider. (nl)
October 28, 2019 Filing 6 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant 6th Wave Innovations. (Attachments: #1 Exhibit 1)(Von Maack, Christopher)
October 28, 2019 Filing 5 NOTICE OF DEFICIENCY re #3 Declaration. The document DECLARATION of Sherman McGill filed by 6th Wave Innovations. The clerk requests the filer of the original document to refile the pleading as Rule 7 Corporate Disclosure Statement. The new pleading will receive a new document number on the docket. (nl)
October 28, 2019 Filing 4 NOTICE OF ADR, e-mailed or mailed to Defendant 6th Wave Innovations, Plaintiff IBC Advanced Technologies. (tlh)
October 28, 2019 Filing 3 DECLARATION of Sherman McGill filed by 6th Wave Innovations. (Attachments: #1 Exhibit 1)(Von Maack, Christopher)
October 28, 2019 Filing 2 NOTICE OF REMOVAL from Fourth District Court, Provo Division, Utah County, State of Utah, case number 190401646, (Filing fee $ 400, receipt number 1088-3403866) filed by 6th Wave Innovations. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Paul M. Warner (Von Maack, Christopher)
October 28, 2019 Filing 1 Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Defendant 6th Wave Innovations is directed to E-File the Notice of Removal 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. (tlh)

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Plaintiff: IBC Advanced Technologies
Represented By: Brenda E. Weinberg
Represented By: Andrew G. Deiss
Represented By: John Robinson, Jr.
Represented By: Luke M. Salyer
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Defendant: 6th Wave Innovations
Represented By: Christopher M. Von Maack
Represented By: Brian E. Lahti
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Defendant: Michael Schrider
Represented By: Adam C. Buck
Represented By: Ashley Walker
Represented By: Christopher J. Martinez
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