Alvord et al v. Fluent Inc et al
| Karissa Kenney, Trent Alvord, Adrian Juchau and Melanie Alvord |
| Reward Zone USA, Matthew Conlin, Ryan Schulke and Fluent, Inc. |
| 2:2019cv00885 |
| November 12, 2019 |
| US District Court for the District of Utah |
| David B Barlow |
| David Barlow |
| Cecilia M Romero |
| Robert J Shelby |
| Other Statutory Actions |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2020. A more recent docket listing may be available from PACER.
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Filing 45
JUDGMENT - IT IS HEREBY ORDERED that Plaintiffs' complaint is DISMISSED without prejudice for lack of personal jurisdiction. Case Closed. Magistrate Judge Cecilia M. Romero no longer assigned to case. Signed by Judge David Barlow on 7/29/20. (jrj)
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Filing 44
MEMORANDUM DECISION AND ORDER-granting #18 Motion to Dismiss for Lack of Jurisdiction without prejudice. See Order for details. Signed by Judge David Barlow on 7/28/20. (jrj)
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Filing 43
REPLY BRIEF re #42 Brief filed by Defendants Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke. (Newman, Derek)
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Filing 42
Plaintiff's Brief on Supplemental Authority BRIEF re 41 Order on Motion for Leave to File, #36 Notice of Supplemental Authority, filed by Plaintiff Trent Alvord. (Evans, Rebecca)
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Filing 41
DOCKET TEXT ORDER granting #37 Motion for Leave to File Brief Re: Supplemental Authority. Plaintiffs will have until 5/5/2020 to file a brief of no more than five pages addressing Defendants' #36 Notice of Supplemental Authority. Defendants will have until 5/12/2020 to file a response of no more than five pages. No reply permitted. Signed by Judge David Barlow on 04/28/2020. No attached document. (ang)
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Filing 40
RESPONSE to Motion re #37 Plaintiff's MOTION for Leave to File Brief re: Supplemental Authority and Memorandum in Support filed by Defendants Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke. (Newman, Derek)
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Filing 39
Motions No Longer Referred: #37 Plaintiff's MOTION for Leave to File Brief re: Supplemental Authority and Memorandum in Support will be handled by the district judge. (jfm)
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Filing 38
NOTICE of SUPPLEMENTAL AUTHORITY by Trent Alvord, Melanie Alvord, Adrian Juchau, and Karissa Kenney (Attachments: #1 Exhibit A - Text of 28 USC 1631 Supplemental Authority) (Evans, Rebecca) Modified on 4/29/2020 by adding all plaintiffs as filers (jwt).
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Filing 37
Plaintiff's MOTION for Leave to File Brief re: Supplemental Authority and Memorandum in Support filed by Plaintiffs Trent Alvord, Adrian Juchau, Melanie Alvord, and Karissa Kenney. (Attachments: #1 Text of Proposed Order Proposed Order Granting Leave to Brief Supplemental Authority) Motions referred to Cecilia M. Romero.(Evans, Rebecca) Modified on 4/29/2020 by adding all plaintiffs as filers (jwt).
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Filing 36
NOTICE of SUPPLEMENTAL AUTHORITY by Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke re #18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support (Attachments: #1 Exhibit A- XMission v. Fluent, et al.) (Young, R.)
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Filing 35
DOCKET TEXT ORDER STRIKING #32 Notice of Supplemental Authority. This Notice contains argument and therefore does not comply with DUCivR 7-1(b)(4). Defendants are permitted to file a Notice of Supplemental Authority in compliance with the Local Rules. #33 Plaintiff's MOTION for Leave to File Brief re: Supplemental Authority is DENIED as moot. No attached document. Signed by Judge David Barlow on 04/23/2020. (ang)
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Filing 34
Motions No Longer Referred: #33 Plaintiff's MOTION for Leave to File Brief re: Supplemental Authority and Memorandum in Support will be handled by the district judge. (jfm)
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Filing 33
Plaintiff's MOTION for Leave to File Brief re: Supplemental Authority and Memorandum in Support filed by Plaintiff Trent Alvord, Adrian Juchau, Melanie Alvord, Karissa Kenney. (Attachments: #1 Text of Proposed Order Granting Leave to Respond and Brief) Motions referred to Cecilia M. Romero.(Evans, Rebecca) Modified on 4/23/2020 added all plaintiffs as filers(jwt).
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Filing 32
NOTICE of SUPPLEMENTAL AUTHORITY by Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke re #18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support (Attachments: #1 Exhibit A- XMission v. Fluent, et al.) (Young, R.)
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Filing 31
ORDER granting #30 Motion for Extension of Case Deadlines and Order to Propose Schedule. Signed by Magistrate Judge Cecilia M. Romero on 3/9/20. (jwt)
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Filing 30
Stipulated MOTION for Extension of Time Case Deadlines filed by Plaintiff Trent Alvord. Motions referred to Cecilia M. Romero.(Evans, Rebecca)
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Filing 29
REPLY to Response to Motion re #18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke. (Newman, Derek)
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Filing 28
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 02/28/20. (ang)
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Filing 27
Plaintiff's MEMORANDUM in Opposition re #18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiff Trent Alvord. (Attachments: #1 Affidavit Declaration of Thomas Alvord in Support of Memorandum in Opposition, #2 Affidavit Second Declaration of Thomas Alvord in Support of Memorandum in Opposition, #3 Exhibit F - Communications with Fluent for Declaration of Thomas Alvord, #4 Exhibit G - Evidence Showing Links within Texts to Defendants' Websites)(Evans, Rebecca)
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Filing 26
ORDER granting #25 Withdrawal of Plaintiff's Motion for Entry of Default Certificates: The Court ORDERS that the Motion for Default Certificates is withdrawn. It is further ORDERED that Plaintiffs Motion to Amend/Correct Motion for Default Certificates #15 is moot. Because Plaintiff is permitted to withdraw the Motion for Default Certificates #14 and has indicated that Plaintiff intends to respond to the Motion to Dismiss under Rule 12(b)(2), #18 that Motion to Dismiss will be considered on its merits after briefing is complete. Signed by Judge David B. Barlow on 2/7/20. (dla)
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Filing 25
Plaintiff's MOTION to Strike #14 Plaintiff's MOTION for Entry of Default as to Defendants RewardZone, Conlin, and Schulke and Memorandum in Support filed by Plaintiff Trent Alvord. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Motion to Strike)(Evans, Rebecca)
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Filing 24
ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney Keith P. Scully for Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke.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 David B. Barlow on 2/5/20. (dla)
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Filing 23
MOTION for Admission Pro Hac Vice of Keith Scully , Registration fee $ 250, receipt number 1088-3474381, filed by Defendants Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke. (Attachments: #1 Exhibit A and B, #2 Text of Proposed Order proposed Order)(Young, R.)
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Filing 22
NOTICE of Appearance by Derek A. Newman on behalf of Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke (Newman, Derek)
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| Filing 21 AFFIDAVIT/DECLARATION of Matthew Conlin in Support re #18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke. (Young, R.) |
| Filing 20 AFFIDAVIT/DECLARATION of Ryan Schulke in Support re #18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke. (Young, R.) |
| Filing 19 AFFIDAVIT/DECLARATION of Daniel Barsky in Support re #18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke. (Young, R.) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Matthew Conlin, Fluent, Inc., Reward Zone USA, Ryan Schulke. Attorney R. Scott Young added to party Matthew Conlin(pty:dft), Attorney R. Scott Young added to party Reward Zone USA(pty:dft), Attorney R. Scott Young added to party Ryan Schulke(pty:dft)(Young, R.) |
| Filing 17 REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge David B. Barlow. Judge Robert J. Shelby no longer assigned to the case. Case number will now read 2:19cv00885-DBB. Please make changes to document captions accordingly. (rks) |
| Filing 16 Defendant's MEMORANDUM in Opposition re #14 Plaintiff's MOTION for Entry of Default as to Defendants RewardZone, Conlin, and Schulke filed by Defendant Fluent, Inc.. (Attachments: #1 Exhibit A-Declaration, #2 Text of Proposed Order B-Text of proposed Order)(Young, R.) |
| Filing 15 Amended MOTION to Amend/Correct #14 Plaintiff's MOTION for Entry of Default as to Defendants RewardZone, Conlin, and Schulke filed by Plaintiff Trent Alvord. (Attachments: #1 Exhibit Proof of Service, #2 Text of Proposed Order for Default Certificate)(Evans, Rebecca) |
| Filing 14 Plaintiff's MOTION for Entry of Default as to Defendants RewardZone, Conlin, and Schulke filed by Plaintiff Trent Alvord. (Attachments: #1 Exhibit Proof of Service, #2 Text of Proposed Order for Default Certificate)(Evans, Rebecca) |
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Filing 13
ORDER granting #12 Motion for Extension of Time: Defendant Fluent has up to and including January 10, 2020, to file its Answer. If Fluent files a motion to dismiss, Plaintiffs will also receive 11 extra days to respond to the motion in addition to the 28 days afforded by DUCivR 7-1(b)(3)(A). Signed by Judge Robert J. Shelby on 12/30/19. (dla)
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| Filing 12 Stipulated MOTION for Extension of Time Stipulation to Extend Time for Defendant Fluent, Inc. to Respond to the Complaint and for Extension of Time to Respond to a Motion to Dismiss and Memorandum in Support filed by Defendant Fluent, Inc.. (Young, R.) Modified by correcting docket entry on 12/30/2019 (dla). |
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Filing 11
ORDER granting #8 Motion for Admission Pro Hac Vice of Derek Newman for Fluent, Inc. 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 Judge Robert J. Shelby on 12/23/19. (dla)
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| Filing 10 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal and Certified Mail served on Ryan Schulke on 12-3-2019, filed by Plaintiff Trent Alvord. (Attachments: #1 Exhibit Proof of Service to Ryan Schulke)(Evans, Rebecca) |
| Filing 9 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Service served on Fluent Inc on 12-9-2019, filed by Plaintiff Trent Alvord. (Attachments: #1 Exhibit Proof of Service to Fluent)(Evans, Rebecca) |
| Filing 8 MOTION for Admission Pro Hac Vice of Derek Newman , Registration fee $ 250, receipt number 1088-3437167, filed by Defendant Fluent, Inc.. (Attachments: #1 Exhibit A - Newman Application for Pro Hac Vice, #2 Exhibit B - Newman ECF Registration form, #3 Text of Proposed Order proposed Order)(Young, R.) |
| Filing 7 NOTICE of Appearance by R. Scott Young on behalf of Fluent, Inc. (Young, R.) |
| Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Matthew Conlin. 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 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Ryan Schulke. 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 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Reward Zone USA. 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 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Fluent, Inc.. 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 - Verified - against All Defendants (Filing fee $ 400, receipt number 1088-3417600) filed by Trent Alvord, Adrian Juchau, Melanie Alvord and Karissa Kennedy. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet for Verified Complaint Alvord et al v. Fluent Inc et al, #2 Exhibit A to Verified Complaint, #3 Exhibit B to Verified Complaint, #4 Exhibit C to Verified Complaint, #5 Exhibit D to Verified Complaint, #6 Exhibit E to Verified Complaint) Assigned to Judge Robert J. Shelby (Horne, Rebecca) Modified on 11/15/2019 by adding the Plaintiff names filing the Complaint (tlh). |
| Filing 1 Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiffs Melanie Alvord, Trent Alvord, Adrian Juchau, Karissa Kenney 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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