Quintessential Biosciences et al v. White et al
| Quintessential Biosciences and Jake Spencer |
| Jason White, Cole Thurman and Tessa White |
| 2:2020cv00456 |
| June 25, 2020 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on August 4, 2020. A more recent docket listing may be available from PACER.
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Filing 43
MEMORANDUM DECISION AND ORDER granting #41 Joint Motion to Enter Stipulated Order; granting #42 Stipulated Motion to Dismiss. Signed by Judge Howard C. Nielson, Jr. on 8/4/2020. (lnp)
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| Civil Case Terminated per #43 Memorandum Decision and Order. (lnp) |
| Filing 42 Stipulated MOTION to Dismiss With Prejudice filed by Defendants Cole Thurman, Jason White, Tessa White. (Attachments: #1 Text of Proposed Order)(Krogue, Whitney) |
| Filing 41 Joint MOTION For Entry of Stipulated Order filed by Defendants Cole Thurman, Jason White, Tessa White. (Attachments: #1 Text of Proposed Order)(Krogue, Whitney) |
| Filing 39 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Via Zoom held on 7/21/2020 before Judge Howard C. Nielson, Jr. Court Reporter/Transcriber Teena Green, RPR, CRR, CBC. Telephone number 801-910-4092. 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 8/20/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/28/2020. (lnp) |
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Filing 38
DOCKET TEXT ORDER. #36 Motion for Extension of Time is GRANTED. Defendants shall respond to the Complaint no later than August 6, 2020. Signed by Judge Howard C. Nielson, Jr., on July 29, 2020. (mtw)
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| Filing 36 Stipulated MOTION for Extension of Time To Respond to Complaint filed by Defendants Cole Thurman, Jason White, Tessa White. (Attachments: #1 Text of Proposed Order)(Krogue, Whitney) |
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Filing 35
TEMPORARY RESTRAINING ORDER Signed by Judge Howard C. Nielson, Jr., on July 23, 2020. (Note corrected date of termination.)(mtw)
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Filing 34
ORDER granting in part #11 Motion for TRO Signed by Judge Howard C. Nielson, Jr., on July 23, 2020. (mtw) Modified on 8/4/2020 by striking order. Order Superseded by Docket No. #35 (lnp).
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| Filing 37 Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Hearing held on 7/21/2020. All parties appearing via videoconference. Court heard argument from all parties and directed the parties to negotiate and propose a framework and schedule for resolving the request for a preliminary injunction. Attorney for Plaintiff: Keith Beauchamp, Jared Scott, Katherine Hyde, Attorney for Defendant: Whitney Krogue, Samuel Straight. Court Reporter: Teena Green.(Time Start: 3:00, Time End: 6:00, Room zoom video.)(mlp) |
| Filing 33 MOTION to Expedite Discovery and Memorandum in Support filed by Plaintiffs Quintessential Biosciences, Jake Spencer. (Attachments: #1 Exhibit A - Requests for Production to Whites, #2 Exhibit B - Requests for Production to Thurman, #3 Exhibit C - Preservation Letter to Whites, #4 Exhibit D - Preservation Letter to Thurman, #5 Text of Proposed Order Proposed Order)(Scott, Jared) |
| Filing 32 NOTICE of Appearance by Jared D. Scott on behalf of Quintessential Biosciences, Jake Spencer (Scott, Jared) |
| Filing 31 NOTICE of Appearance by Stephen P. Horvat on behalf of Quintessential Biosciences, Jake Spencer (Horvat, Stephen) |
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Filing 30
ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Katherine Hyde for Quintessential Biosciences and Jake Spencer.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 Magistrate Judge Jared C. Bennett on 7/16/2020. (lnp)
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Filing 29
ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Keith Beauchamp for Quintessential Biosciences,Keith Beauchamp for Jake Spencer.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 Magistrate Judge Jared C. Bennett on 7/16/2020. (lnp)
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| Filing 28 NOTICE OF HEARING ON MOTION re: #11 MOTION for Temporary Restraining Order : (Notice generated by HCN chambers) Motion Hearing set for 7/21/2020 at 03:00 PM before Judge Howard C. Nielson, Jr. Hearing will be held via zoom video and zoom information will be emailed separately to counsel. **Members of the public or media who are interested in viewing this hearing may contact chambers at utdecf_nielson@utd.uscourts.gov (mlp) |
| Filing 27 NOTICE OF FILING of Notice of Submitting Proposed Form of TRO re #26 Notice of Filing filed by Plaintiffs Quintessential Biosciences, Jake Spencer. (Green, Michael) |
| Filing 26 NOTICE OF FILING of Notice of Withdrawal of TRO against Cole Thurman re #11 MOTION for Temporary Restraining Order filed by Plaintiffs Quintessential Biosciences, Jake Spencer. (Green, Michael) |
| Filing 25 Plaintiff's REPLY to Response to Motion re #11 MOTION for Temporary Restraining Order filed by Plaintiffs Quintessential Biosciences, Jake Spencer. (Attachments: #1 Affidavit Jake Spencer, #2 Affidavit Mariel Filippone, #3 Affidavit Julie Daugherty, #4 Affidavit Kristin Adams, #5 Text of Proposed Order TRO)(Green, Michael) |
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Filing 24
ORDER REFERRING MOTION #18 MOTION for Admission Pro Hac Vice of Keith Beauchamp , Registration fee $ 250, receipt number AUTDC-3641968. Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case filed by Jake Spencer, Quintessential Biosciences, #19 MOTION for Admission Pro Hac Vice of Katherine Hyde , Registration fee $ 250, receipt number AUTDC-3641976. Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case filed by Jake Spencer, Quintessential Biosciences. Motions referred to Jared C. Bennett. Signed by Judge Howard C. Nielson, Jr., on 7/14/2020. (mlp)
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| Filing 23 MEMORANDUM in Opposition re #11 MOTION for Temporary Restraining Order filed by Defendants Cole Thurman, Jason White, Tessa White. (Attachments: #1 Exhibit 1. Declaration of Jason White, #2 Exhibit 2. Declaration of Tessa White, #3 Exhibit 3. Backorder Complaints, #4 Exhibit 4. Product Inventory Updates, #5 Exhibit 5. Payment Complaints, #6 Exhibit 6. Declaration of Cole Thurman, #7 Exhibit 7. Thurman Welcome Email, #8 Exhibit 8. 2018 Policies and Procedures, #9 Exhibit 9. August 2nd Email, #10 Exhibit 10. 2020 Policies and Procedures Metadata, #11 Exhibit 11. Texts from Jake Spencer, #12 Exhibit 12. 2019 Policies and Procedures, #13 Exhibit 13. LLC Tranont Enrollment, #14 Exhibit 14. 2017 Preservation Letter)(Krogue, Whitney) |
| Filing 22 ADDENDUM to 14 Order,,,, #2 Notice of Removal, filed by Defendants Cole Thurman, Jason White, Tessa White and Statement in Support of Subject Matter Jurisdiction. (Attachments: #1 Exhibit 1 - Declaration of Tessa White, #2 Exhibit 2 - Contact Us Website)(Straight, Samuel) |
| Filing 21 AFFIDAVIT of Leslie Padilla filed by Quintessential Biosciences, Jake Spencer. (Attachments: #1 Affidavit Leslie Padilla, #2 Exhibit A and B)(Green, Michael) |
| Filing 20 CLERKS ORDER Granting #15 MOTION for Extension of Time To Respond to Complaint #2 Pursuant to DUCivR 77-2(a)(1). Defendants Jason White, Tessa White, and Cole Thurman shall have until and including July 23, 2020 to answer, reply, or otherwise plead in response to the Complaint in the above-captioned action. signed by Anne W. Morgan - Chief Deputy Clerk. (lnp) |
| Filing 19 MOTION for Admission Pro Hac Vice of Katherine Hyde , Registration fee $ 250, receipt number AUTDC-3641976,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 Plaintiffs Quintessential Biosciences, Jake Spencer. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Green, Michael) |
| Filing 18 MOTION for Admission Pro Hac Vice of Keith Beauchamp , Registration fee $ 250, receipt number AUTDC-3641968,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 Plaintiffs Quintessential Biosciences, Jake Spencer. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Green, Michael) |
| Filing 17 Modification of Docket: Error: Document filed as a Motion for a Temporary Restraining Order. Correction: Document event changed to a Notice of Filing of Proposed Order re #16 MOTION for Temporary Restraining Order . (lnp) |
| Filing 16 Notice of Filing of Proposed Order re #11 Motion for Temporary Restraining Order filed by Plaintiffs Quintessential Biosciences, Jake Spencer. (Attachments: #1 Notice of Submitting Proposed Order)(Green, Michael) Modified on 7/7/2020 by changing the event from a motion to a notice and linking the proposed order to the motion (lnp). |
| Filing 15 MOTION for Extension of Time To Respond to Complaint Pursuant to DUCivR 77-2(a)(1) filed by Defendants Cole Thurman, Jason White, Tessa White. (Attachments: #1 Text of Proposed Order)(Krogue, Whitney) |
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Filing 14
DOCKET TEXT ORDER. It appears that Defendants' notice of removal does not properly allege subject matter jurisdiction, since it simply relies on the complaint, which in turn alleges only the individual parties' residencenot their citizenship. See, e.g., Whitelock v. Leatherman, 460 F.2d 507, 51415 (10th Cir. 1972). In addition, the complaint does not allege Plaintiff Q Sciences' principal place of business but only its headquarterswhich usually is, but need not necessarily be, the same location. See Hertz Corp. v. Friend, 577 U.S. 77, 9293 (2010). No later than July 10, 2020, Defendants shall file an amended notice of removal properly alleging subject matter jurisdiction, see 28 U.S.C. 1653, or show cause why the case should not be remanded for lack of subject matter jurisdiction. In addition, no later than July 10, 2020, Defendants shall respond to #11 Motion for Temporary Restraining Order. Plaintiffs may file a reply in support of their motion for a temporary restraining order no later than July 14, 2020. Signed by Judge Howard C. Nielson, Jr., on July 6, 2020. (mtw)
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Filing 13
ORDER OF RECUSAL: Judge Dee Benson recused. Case reassigned to Judge Howard C. Nielson, Jr for all further proceedings Signed by Judge Dee Benson on 07/06/2020. (kpf)
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| Filing 12 Case Reassigned to District Judge per filing of motion for injunctive relief. Case randomly assigned to Judge Dee Benson. Magistrate Judge Dustin B. Pead no longer assigned to the case. (jwt) |
| Filing 11 MOTION for Temporary Restraining Order (Originally filed in Third District Court, Salt Lake County) filed by Plaintiffs Quintessential Biosciences, Jake Spencer. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6, #3 Exhibit 7-8, #4 Exhibit 9-12, #5 Exhibit Request for Hearing)(nl) |
| Filing 10 File downloaded from Third District Court, Salt Lake County Xchange consisting of Docket Sheet, Complaint, Corrected Caption Complaint, Exhibits to Complaint, Return of Service Jason White, Return of Service Tessa White, Motion for TRO, TRO Motion Exhibits 1-12, Request for Hearing on TRO, Return of Service Thurman, Certificate of Service Thurman, Certificate of Service Whites, Notice of Appearance by Defendants' Counsel, Notice of Removal Parts 1-6 (Attachments: #1 State Court Complaint, #2 State Court Complaint Corrected Caption, #3 Exhibits to Complaint, #4 Return of Service Jason White, #5 Return of Service Tessa White, #6 Plaintiff's Motion for TRO, #7 TRO exhibits 1-5, #8 TRO exhibit 6, #9 TRO exhibits 7-8, #10 TRO exhibits 9-12, #11 Request for Hearing TRO, #12 Return of Service Thurman, #13 Certificate of Service Thurman, #14 Certificate of Service Whites, #15 Notice of Appearance Dfts, #16 Notice of Removal Part 1, #17 Notice of Removal Part 2, #18 Notice of Removal Part 3, #19 Notice of Removal Part 4, #20 Notice of Removal Part 5, #21 Notice of Removal Part 6) (alf) |
| Filing 9 RECEIVED Consent/Reassignment Form from Plaintiffs Quintessential Biosciences, Jake Spencer. (nl) |
| Filing 8 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 Plaintiffs Quintessential Biosciences, Jake Spencer, Defendants Cole Thurman, Jason White, Tessa White. Form due by 7/13/2020. (jwt) |
| Filing 7 NOTICE OF ADR, e-mailed or mailed to Plaintiffs Quintessential Biosciences, Jake Spencer, Defendants Cole Thurman, Jason White, Tessa White. (jl) |
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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 twenty-one (21) days after any defendant has appeared, unless any party is appearing pro se. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 6/26/2020. (jwt)
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| Filing 5 NOTICE of Appearance by Whitney Hulet Krogue on behalf of Cole Thurman, Jason White, Tessa White (Krogue, Whitney) |
| Filing 4 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney KEITH BEAUCHAMP, for Plaintiffs Quintessential Biosciences, Jake Spencer (jl) |
| Filing 3 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney KATHERINE L. HYDE, for Plaintiffs Quintessential Biosciences, Jake Spencer (jl) |
| Filing 2 NOTICE OF REMOVAL from Third District Court Salt Lake County, case number 200903838, (Filing fee $ 400, receipt number AUTDC-3627368) filed by Jason White, Cole Thurman, Tessa White. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Docket, #3 Exhibit C - Motion for TRO, #4 Exhibit D - State Court Removal, #5 Exhibit E - Other State Court Filings, #6 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (Straight, Samuel) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Defendants Cole Thurman, Jason White, Tessa White 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 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. (jl) |
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