Responsive Surface Technology v. Purple Innovation et al
| Responsive Surface Technology |
| Terry Pearce, Joseph Megibow, Purple Innovation, Gary DiCamillo, Adam Gray and Tony Pearce |
| 2:2020cv00727 |
| October 21, 2020 |
| U.S. District Court for the District of Utah |
| David Barlow |
| Jared C Bennett |
| Cecilia M Romero |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.
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Filing 50
ORDER GRANTING MOTION FOR LEAVE TO FILE MOTION TO DISMISS UNDER SEAL -granting #42 Motion for Leave to File Sealed Document. Based on the Motion, and for good cause shown, the court orders the Motion to Dismiss and its exhibits #43 shall remain permanently sealed. Signed by Magistrate Judge Cecilia M. Romero on 12/7/20. (jrj)
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Filing 49
SCHEDULING ORDER: Amended Pleadings due for Defendants by 1/14/2021. Joinder of Parties due for Defendants by 1/14/2021. Expert Discovery due by 10/26/2021. Motions due by 11/23/2021. Scheduling Conference set for 12/1/2021 at 02:45 PM in Rm 8.100 before Judge David Barlow. Signed by Magistrate Judge Cecilia M. Romero on 12/7/20. (jrj)
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Filing 48
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. Motions referred to Cecilia M. Romero. Signed by Judge David Barlow on 12/4/2020.(sds)
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Filing 47
ORDER granting #40 Motion for Admission Pro Hac Vice of Attorney Paul J. Linden for Responsive Surface Technology.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.uscourts.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 Barlow on 12/3/20. (jrj)
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Filing 46
ORDER granting #39 Motion for Admission Pro Hac Vice of Attorney Robin D. Miller for Responsive Surface Technology.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.uscourts.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 Barlow on 12/3/20. (jrj)
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Filing 45
ORDER granting #38 Motion for Admission Pro Hac Vice of Attorney John F. Bennett for Responsive Surface Technology.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.uscourts.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 Barlow on 12/3/20. (jrj)
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Filing 44
ORDER granting #37 Motion for Admission Pro Hac Vice of Attorney Adam Richard Bennett for Responsive Surface Technology.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.uscourts.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 Barlow on 12/3/20. (jrj)
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| Filing 43 **SEALED DOCUMENT** re #41 Redacted MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Gary DiCamillo, Adam Gray, Joseph Megibow, Terry Pearce, Tony Pearce, Purple InnovationNOTE: Filer is instructed to serve the sealed document on all other parties.. (Alba, Adam) |
| Filing 42 MOTION for Leave to File Sealed Document re #41 Redacted MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Gary DiCamillo, Adam Gray, Joseph Megibow, Terry Pearce, Tony Pearce, Purple Innovation. (Attachments: #1 Text of Proposed Order)(Alba, Adam) |
| Filing 41 Redacted MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Gary DiCamillo, Adam Gray, Joseph Megibow, Terry Pearce, Tony Pearce, Purple Innovation. (Alba, Adam) |
| Filing 40 MOTION for Admission Pro Hac Vice of Paul J. Linden and Consent of Local Counsel, Registration fee $ 250, receipt number AUTDC-3818020,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.uscourts.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 Plaintiff Responsive Surface Technology. (Attachments: #1 Exhibit A P. Linden PHV App, #2 Text of Proposed Order for Pro Hac Vice Admission of Paul J. Linden)(Fowler, Tracy) |
| Filing 39 MOTION for Admission Pro Hac Vice of Robin D. Miller and Consent of Local Counsel, Registration fee $ 250, receipt number AUTDC-3818006,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.uscourts.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 Plaintiff Responsive Surface Technology. (Attachments: #1 Exhibit A R. Miller PHV App, #2 Text of Proposed Order for Pro Hac Vice Admission of Robin D. Miller)(Fowler, Tracy) |
| Filing 38 MOTION for Admission Pro Hac Vice of John F. Bennett and Consent of Local Counsel, Registration fee $ 250, receipt number AUTDC-3817994,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.uscourts.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 Plaintiff Responsive Surface Technology. (Attachments: #1 Exhibit A J. Bennett PHV App, #2 Text of Proposed Order for Pro Hac Vice Admission of John F. Bennett)(Fowler, Tracy) |
| Filing 37 MOTION for Admission Pro Hac Vice of Adam R. Bennett and Consent of Local Counsel, Registration fee $ 250, receipt number AUTDC-3817966,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.uscourts.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 Plaintiff Responsive Surface Technology. (Attachments: #1 Exhibit A A. Bennett PHV App, #2 Text of Proposed Order for Pro Hac Vice Admission of Adam R. Bennett)(Fowler, Tracy) |
| Filing 36 NOTICE of Motion to Consolidate by Purple Innovation (Alba, Adam) |
| Filing 35 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Scheduling Order)(Fowler, Tracy) |
| Filing 34 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 David Barlow. Magistrate Judge Jared C. Bennett no longer assigned to the case. (alf) |
| Filing 33 RECEIVED Consent/Reassignment Form from Defendants Gary DiCamillo, Adam Gray, Joseph Megibow, Terry Pearce, Tony Pearce, Purple Innovation. (alf) |
| Filing 32 RECEIVED Consent/Reassignment Form from Plaintiff Responsive Surface Technology. (alf) |
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Filing 31
ORDER granting #29 Motion for Extension of Time to Answer #2 Complaint. Answer deadline updated for defendants Gary DiCamillo, Adam Gray, Joseph Megibow, Terry Pearce, Tony Pearce and Purple Innovation to 12/2/2020. Signed by Magistrate Judge Jared C. Bennett on 11/16/20. (alf)
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| Filing 30 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 [email protected] 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Gary DiCamillo, Adam Gray, Joseph Megibow, Terry Pearce, Tony Pearce, Purple Innovation, Plaintiff Responsive Surface Technology. Form due by 12/1/2020. (alf) |
| Filing 29 Stipulated MOTION for Extension of Time to File Answer re #2 Complaint, and Memorandum in Support filed by Defendant Purple Innovation. (Attachments: #1 Text of Proposed Order)(Alba, Adam) |
| Filing 28 NOTICE of Appearance by Adam Alba on behalf of Gary DiCamillo, Adam Gray, Joseph Megibow, Terry Pearce, Tony Pearce, Purple Innovation (Alba, Adam) |
| Filing 27 NOTICE of Appearance by Christine T. Greenwood on behalf of Gary DiCamillo, Adam Gray, Joseph Megibow, Terry Pearce, Tony Pearce, Purple Innovation (Greenwood, Christine) |
| Filing 26 NOTICE of Appearance by James E. Magleby on behalf of Gary DiCamillo, Adam Gray, Joseph Megibow, Terry Pearce, Tony Pearce, Purple Innovation (Magleby, James) |
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Filing 25
DOCKET TEXT ORDER DENYING #23 Motion for Reconsideration. Any party may challenge the designation of any documents filed under seal with the court or which have been designated as Confidential Information. DUCivR 26-2; see also Fed. R. Civ. P. 5.2 and 26; DUCivR 5-3. If any party or third-party contests the confidential nature of any documents filed under seal or designated as Confidential Information pursuant to the Standard Protective Order, the party contesting confidentiality shall give written notice to the designating party setting forth with reasonable specificity the materials which the contesting party contends are not confidential, and such parties shall make a sincere effort to resolve the issue. If the parties are unable, after personal consultation and sincere efforts, to resolve the matter, the challenging party may file a motion to unseal the documents or the designating party may file a motion for an Order confirming the confidentiality of the documents. The burden shall be on the designating party to show good cause for the documents in question remaining under seal. Signed by Magistrate Judge Jared C. Bennett on 11/2/2020. (no attached document; docket text order) (lrh)
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| Filing 24 ACKNOWLEDGMENT OF SERVICE Executed as to #9 Summons Issued Electronically, #8 Summons Issued Electronically, #4 Summons Issued Electronically, #2 Complaint, #3 Exhibits, #5 Summons Issued Electronically, #7 Summons Issued Electronically, #6 Summons Issued Electronically, Acknowledgment filed by Responsive Surface Technology. All Defendants. (Fowler, Tracy) |
| Filing 23 MOTION to Reconsider the Order Granting Defendants' Amended Motion to Seal Plaintiff's Complaint and Exhibits re #20 Order on Motion to Seal Document, filed by Plaintiff Responsive Surface Technology. (Fowler, Tracy) |
| Filing 22 NOTICE OF FILING: Redacted Complaint. (alf) |
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Filing 21
ORDER granting #13 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Jared C. Bennett on 10/26/20. (alf)
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Filing 20
ORDER granting #16 Emergency Amended Motion to Seal Documents: #2 Complaint, #3 Exhibits, #12 Redacted Complaint and [15-1] Exhibit to Emergency MOTION to Seal Complaint. Signed by Magistrate Judge Jared C. Bennett on 10/26/20. (alf)
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Filing 19
DOCKET TEXT ORDER finding as moot #15 Motion to Seal Document based on the filing of #16 Amended Motion to Seal Document. Signed by Magistrate Judge Jared C. Bennett on 10/26/20.(Docket text order, no attached document) (lrh)
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| Filing 18 Modification of Docket: Correction: Changed motion #16 to an Amended Emergency Motion. (alf) |
| Filing 17 Modification of Docket: Error: Document #12 was filed as a motion. Correction: Changed to a Notice of Filing of Redacted #2 Complaint. Motion terminated. . (alf) |
| Filing 16 Emergency AMENDED MOTION to Seal Document #2 Complaint, and Memorandum in Support Amended filed by Defendant Purple Innovation. (Attachments: #1 Exhibit Redacted Complaint, #2 Text of Proposed Order)(Alba, Adam) Modified on 10/26/2020 to reflect that this is an amended motion and not a duplicate motion (alf). |
| Filing 15 Emergency MOTION to Seal Document #2 Complaint, and Memorandum in Support filed by Defendant Purple Innovation. (Attachments: #1 Exhibit Redacted Complaint) Attorney Adam Alba added to party Purple Innovation(pty:dft)(Alba, Adam) |
| Filing 14 **SEALED DOCUMENT** re #12 Redacted MOTION to Seal Document #2 Complaint, , #2 Complaint, filed by Plaintiff Responsive Surface TechnologyNOTE: Filer is instructed to serve the sealed document on all other parties.. (Fowler, Tracy) |
| Filing 13 MOTION for Leave to File Sealed Document re #12 Redacted MOTION to Seal Document #2 Complaint, filed by Plaintiff Responsive Surface Technology. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to Seal Complaint)(Fowler, Tracy) |
| Filing 12 NOTICE OF FILING OF Redacted #2 Complaint, filed by Plaintiff Responsive Surface Technology. (Fowler, Tracy) Modified on 10/26/2020. Document was filed as a motion, but is the redacted complaint. Motion terminated. (alf). |
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Filing 11
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 Jared C. Bennett on 10/22/20. (alf)
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| Filing 10 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney John F. Bennett, Robin D. Miller, Adam R. Bennett for Plaintiff Responsive Surface Technology. (rks) |
| Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Adam Gray. 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. (dw) |
| Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Gary DiCamillo. 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. (dw) |
| Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Joseph Megibow. 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. (dw) |
| Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Purple Innovation. 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. (dw) |
| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Terry Pearce. 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. (dw) |
| Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Tony Pearce. 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. (dw) |
| Filing 3 EXHIBITS filed by Responsive Surface Technology re #2 Complaint,. (Attachments: #1 Exhibit A - Verbal Supply_Marketing Agreement Terms, #2 Exhibit B - Ad Spend Agreement)(Fowler, Tracy) |
| Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number AUTDC-3766046) filed by Responsive Surface Technology. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Jared C. Bennett (Fowler, Tracy) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Plaintiff Responsive Surface Technology 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 [email protected] for issuance. (dw) |
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