BMF Advance v. Litiscape et al
Plaintiff: BMF Advance
Defendant: Litiscape, Encrop, EN Corp USA and Clark Business Law
Cross Defendant: Enrique Garcia, Victor Enriquez, Michael Kamalu and Encorp
Cross Claimant: Joseph Azulay and Joseph H
Case Number: 2:2021cv00103
Filed: February 22, 2021
Court: US District Court for the District of Utah
Presiding Judge: David Barlow
Referring Judge: Dustin B Pead
2 Judge: Cecilia M Romero
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal- Other Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 19, 2023 Opinion or Order Filing 107 THIRD AMENDED SCHEDULING ORDER granting #106 Motion for Scheduling Order. Expert Discovery due by 9/22/2023. Motions due by 11/10/2023. Scheduling Conference will be held 11/15/2023 at 3:00 PM in RM 8.100 before Judge David Barlow. Signed by Magistrate Judge Dustin B. Pead on 1/19/2023. (mh)
January 19, 2023 Opinion or Order Filing 106 Stipulated MOTION for Scheduling Order (Third Amended Scheduling Order) filed by Plaintiff BMF Advance. (Attachments: #1 Text of Proposed Order Third Amended Scheduling Order) Motions referred to Dustin B. Pead.(Jaussi, Taylor)
November 2, 2022 Opinion or Order Filing 105 Clerk's ENTRY OF DEFAULT CERTIFICATE as to Defendant Joseph H, a foreign corporation per 104 Docket Text Order. (mh)
November 2, 2022 Opinion or Order Filing 104 DOCKET TEXT ORDER. On October 4, 2022, Magistrate Judge Pead ordered Defendant Joseph H Inc. to both retain counsel and have counsel file a Notice of Appearance on its behalf by October 18, 2022. ECF No. 101. The order noted that failure to do so would result in the entry of default judgment. No counsel has filed a Notice of Appearance on Joseph H Inc's behalf as of November 2, 2022. Therefore, the court directs the clerk of court to enter a default against Joseph H. Signed by Judge David Barlow on 11/2/22. (skw)
October 25, 2022 Opinion or Order Filing 103 MEMORANDUM DECISION and Order granting #85 Motion to Dismiss. Plaintiff BMF Advance, LLC's third (negligence) and seventh (constructive trust) "claims for relief" are dismissed without prejudice as to Clark Business Law. The court dismisses Clark Business Law as a defendant in this matter. Signed by Judge David Barlow on 10/25/2022. (mh)
October 4, 2022 Opinion or Order Filing 101 ORDER TO SHOW CAUSE. On July 22, 2022, the Court issued an Order granting Defendants' counsel's Motion to Withdraw and requiring Defendants Joseph H. and Joseph Azulay to file a Notice of Substitution of Counsel or Notice of Appearance within twenty-one (21) days. See, ECF No. 89; ECF No. 91. Importantly, the Court's Order stated that a corporation may not appear pro se and a failure to retain counsel within the designated time may result in the imposition of sanctions, including default judgment. Id.; see also, DUCivR 83-1.3(c). As of this date, Defendant Joseph H., a foreign corporation, has not retained counsel and the time within which to do so has expired. Accordingly, no later than October 18, 2022, Defendant Joseph H. is ORDERED to retain counsel and to have counsel file a Notice of Appearance on its behalf. Defendant Joseph H.'s failure to do so by the October 18, 2022, date will result in the entry of default judgment for failure to comply with the Court's orders. See, DUCivR 83-1.3; Fed. R. Civ. P. 16(f)(1). Signed by Magistrate Judge Dustin B. Pead on 10/04/2022.
September 30, 2022 Opinion or Order Filing 100 Defendant En Corp USA's ANSWER to #75 Amended Complaint filed by EN Corp USA.(Wirthlin, John)
September 15, 2022 Opinion or Order Filing 99 NOTICE of Appearance by Rick Rose on behalf of Michael Kamalu, Litiscape (Rose, Rick)
September 15, 2022 Opinion or Order Filing 98 NOTICE OF WITHDRAWAL OF COUNSEL of Cynthia D. Love filed by Jonathan O. Hafen on behalf of Michael Kamalu, Litiscape (Hafen, Jonathan)
September 13, 2022 Opinion or Order Filing 97 NOTICE of Appearance by Taylor C. Jaussi on behalf of BMF Advance (Jaussi, Taylor)
September 13, 2022 Opinion or Order Filing 96 Defendant's REPLY to Response to Motion re #85 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Plaintiff's First Amended Complaint filed by Defendant Clark Business Law. (Adamson, R.)
August 19, 2022 Opinion or Order Filing 95 ORDER granting #94 Motion for Extension of Time to Answer re #75 Amended Complaint. Answer deadline updated for EN Corp USA answer due 9/30/2022. Signed by Magistrate Judge Dustin B. Pead on 08/19/2022. (mh)
August 19, 2022 Opinion or Order Filing 94 Third MOTION for Extension of Time to File Answer re #75 Amended Complaint and Memorandum in Support filed by Defendant EN Corp USA, Cross Defendants EN Corp USA, EN Corp USA. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Wirthlin, John)
August 5, 2022 Opinion or Order Filing 93 MEMORANDUM in Opposition re #85 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Plaintiff's First Amended Complaint filed by Plaintiff BMF Advance, Cross Defendant BMF Advance. (Dunkelberger, James)
July 27, 2022 Opinion or Order Filing 92 NOTICE FROM THE COURT per #91 Order on Motion to Withdraw as Counsel, #91 Order emailed to jha@josephhinc.com on 7/22/22 and 7/26/22. Received a bounce back for both emails sent. (jl)
July 22, 2022 Opinion or Order Filing 91 ORDER granting #89 Motion to Withdraw as Counsel. Attorney Chase A. Adams and Alyssa J. Wood withdrawn from case for Joseph H. and Joseph Azulay. This action is STAYED for twenty-one (21) days from the date of this Order. See order for additional details. Signed by Magistrate Judge Dustin B. Pead on 07/21/2022. (jl) Per order's instructions, order emailed to Joseph Azulay's email.
July 15, 2022 Opinion or Order Filing 90 ANSWER to #75 Amended Complaint filed by Michael Kamalu, Litiscape.(Love, Cynthia)
July 15, 2022 Opinion or Order Filing 89 MOTION to Withdraw as Counsel filed by Cross Defendants Joseph Azulay, Joseph H, Cross Claimants Joseph Azulay, Joseph H, Defendants Joseph Azulay, Joseph H. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Adams, Chase)
July 15, 2022 Opinion or Order Filing 88 ANSWER to #75 Amended Complaint filed by Joseph Azulay, Joseph H.(Adams, Chase)
July 14, 2022 Opinion or Order Filing 87 ORDER granting #86 Motion for Extension of Time to Answer re #75 Amended Complaint. EN Corp's deadline to respond to the Amended Complaint is August 19, 2022. Signed by Magistrate Judge Dustin B. Pead on 07/14/2022. (jl)
July 13, 2022 Opinion or Order Filing 86 Second MOTION for Extension of Time to File Answer re #75 Amended Complaint and Memorandum in Support filed by Defendant EN Corp USA. (Attachments: #1 Text of Proposed Order Granting Second Stipulated Motion Regarding Defendant EN Corp USA's Deadline to Respond to the Amended Complaint) Motions referred to Dustin B. Pead.(Wirthlin, John)
June 24, 2022 Opinion or Order Filing 85 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Plaintiff's First Amended Complaint filed by Defendant Clark Business Law. Attorney R. Jeremy Adamson added to party Clark Business Law(pty:dft)(Adamson, R.)
June 16, 2022 Opinion or Order Filing 84 ORDER granting #82 Motion for Extension of Time to Answer re #75 Amended Complaint. Answer deadline updated for Joseph Azulay and for Joseph H: answer due 7/15/2022. Signed by Magistrate Judge Dustin B. Pead on 06/16/2022. (jl)
June 16, 2022 Opinion or Order Filing 83 ORDER granting #81 Motion for Extension of Time to Answer re #75 Amended Complaint. Answer deadline updated for Michael Kamalu and Litiscape: answer due 7/15/2022. Signed by Magistrate Judge Dustin B. Pead on 06/15/2022. (jl)
June 15, 2022 Opinion or Order Filing 82 First MOTION for Extension of Time to File Answer filed by Defendant Joseph Azulay and Joseph H. (Attachments: #1 Exhibit Order re Motion to Extend Time) Motions referred to Dustin B. Pead. Attorney Justin Martin Hosman added to party Joseph Azulay(pty:dft)(Hosman, Justin) Modified by adding Joseph H as a filer on 6/16/2022 (jl).
June 15, 2022 Opinion or Order Filing 81 Stipulated MOTION for Extension of Time to File Answer and Memorandum in Support filed by Cross Claimants Michael Kamalu, Litiscape, Defendants Michael Kamalu, Litiscape, Cross Defendants Michael Kamalu, Litiscape. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion for Extension of Time to Answer) Motions referred to Dustin B. Pead.(Love, Cynthia)
June 15, 2022 Opinion or Order Filing 80 ORDER granting #79 Motion for Extension of Time to Respond to the #75 Amended Complaint. EN Corp's deadline to respond to the Amended Complaint is July 15, 2022. Signed by Magistrate Judge Dustin B. Pead on 06/15/2022. (jl)
June 14, 2022 Opinion or Order Filing 79 Stipulated MOTION for Extension of Time Defendant EN Corp USA's deadline to respond to the #75 Amended Complaint and Memorandum in Support filed by Defendant EN Corp USA, Cross Defendants EN Corp USA, EN Corp USA. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion Regarding Defendant EN Corp USA's Deadline to Respond to the Amended Complaint) Motions referred to Dustin B. Pead.(Wirthlin, John) Modified by linking to correct document on 6/15/2022 (jl).
June 10, 2022 Opinion or Order Filing 78 DEMAND for Trial by Jury by Plaintiff BMF Advance. (Dunkelberger, James)
June 9, 2022 Opinion or Order Filing 77 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by BMF Advance as to Clark Business Law served on 6/8/2022, answer due 6/29/2022. (Attachments: #1 Exhibit Summons (Clark Business Law))(Dunkelberger, James)
June 6, 2022 Opinion or Order Filing 76 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Clark Business Law. 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. (mh)
June 1, 2022 Opinion or Order Filing 75 AMENDED COMPLAINT against All Defendants. New Defendants: CLARK BUSINESS LAW, PLLC. Removed Defendants: ENRIQUE GARCIA and VICTOR ENRIQUEZ. filed by BMF Advance. (Dunkelberger, James)
May 2, 2022 Opinion or Order Filing 74 MEMORANDUM DECISION and Order granting #22 Motion to Dismiss. The claims against Enriquez, Garcia, and EN Corp are dismissed without prejudice. BMF is granted leave to amend its complaint within 30 days of this order Signed by Judge David Barlow on 05/02/2022. (jl)
February 28, 2022 Opinion or Order Filing 73 Second Amended Scheduling ORDER granting #72 Motion for Amended Scheduling Order. Discovery due by 1/13/2023. Motions due by 3/3/2023. Scheduling Conference set for 3/8/2023 at 02:45 PM in Rm 8.100 before Judge David Barlow. Signed by Magistrate Judge Dustin B. Pead on 02/28/2022. (jl)
February 25, 2022 Opinion or Order Filing 72 Stipulated MOTION for Amended Scheduling Order filed by Plaintiff BMF Advance. (Attachments: #1 Text of Proposed Order Second Amended Scheduling Order) Motions referred to Dustin B. Pead.(Dunkelberger, James)
February 18, 2022 Opinion or Order Filing 71 Defendant's REPLY to Response to Motion re #22 MOTION to Dismiss and Memorandum in Support filed by Defendants EN Corp USA, Victor Enriquez, Enrique Garcia. (Sorenson, Amy)
February 14, 2022 Opinion or Order Filing 70 NOTICE OF WITHDRAWAL OF COUNSEL of Kevin G. Heiner filed by Kevin G. Heiner on behalf of Michael Kamalu, Litiscape (Heiner, Kevin)
February 10, 2022 Opinion or Order Filing 69 ORDER granting #68 Motion for Extension of Time to File Response/Reply re #22 MOTION to Dismiss. Replies due by 2/18/2022. Signed by Magistrate Judge Dustin B. Pead on 02/10/2022. (jl)
February 10, 2022 Opinion or Order Filing 68 Stipulated MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss and Memorandum in Support and Memorandum in Support filed by Defendants EN Corp USA, Victor Enriquez, Enrique Garcia. (Attachments: #1 Text of Proposed Order Granting Second Stipulated Motion Regarding the En Corp Defendants' Deadline to File Their Reply in Support of the Motion to Dismiss) Motions referred to Dustin B. Pead.(Wirthlin, John)
February 3, 2022 Opinion or Order Filing 67 ORDER granting #66 Motion for Extension of Time to File Response/Reply re #22 MOTION to Dismiss and Memorandum in Support. Replies due by 2/11/2022. Signed by Magistrate Judge Dustin B. Pead on 02/03/2022. (jl)
February 3, 2022 Opinion or Order Filing 66 Stipulated MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss and Memorandum in Support and Memorandum in Support filed by Cross Defendants EN Corp USA, Victor Enriquez, Enrique Garcia. (Attachments: #1 Text of Proposed Order Proposed Order Granting Stipulated Motion Regarding the En Corp Defendants' Deadline to File Their Reply in Support of the Motion to Dismiss) Motions referred to Dustin B. Pead.(Wirthlin, John)
January 7, 2022 Opinion or Order Filing 65 MEMORANDUM in Opposition re #22 MOTION to Dismiss and Memorandum in Support filed by Plaintiff BMF Advance, Cross Defendant BMF Advance. (Attachments: #1 Exhibit A - Email Between Enrique Garcia and Carl Clark dated 6.27.2020, #2 Exhibit B - Email Chain dated 7.2.2020, #3 Exhibit C - Forwarded Email from Michael Kamalu to Garcia dated 7.28.2020, #4 Exhibit D - Declaration of James C. Dunkelberger)(Dunkelberger, James)
December 29, 2021 Opinion or Order Filing 64 ORDER granting #63 Motion for Extension of Time - the Crossclaim Defendants EN Corp USA, Victor Enriquez, and Enrique Garcia file their responses to the Crossclaims #20 ; #21 within thirty (30) days after the Court's entry of its order on the Motion to Dismiss the Complaint #22 . Signed by Magistrate Judge Dustin B. Pead on 12/29/2021. (jl)
December 28, 2021 Opinion or Order Filing 63 Stipulated MOTION for Extension of Time Deadline to Respond to the Crossclaims filed by Cross Defendants EN Corp USA, Victor Enriquez, Enrique Garcia. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion Regarding The En Corp Defendants' Deadline to Respond to the Crossclaims) Motions referred to Dustin B. Pead.(Sorenson, Amy)
November 22, 2021 Opinion or Order Filing 62 ORDER granting #61 Motion to Extend Briefing Deadlines re #22 MOTION to Dismiss and Memorandum in Support. BMF shall file its memorandum in opposition to the Motion to Dismiss the Complaint on or before January 7, 2022. The En Corp Defendants shall file their reply memorandum, if any, within twenty-eight (28) days of the opposition. Signed by Magistrate Judge Dustin B. Pead on 11/19/2021. (jl)
November 19, 2021 Opinion or Order Filing 61 Stipulated MOTION for Extension of Time on Briefing Deadlines on the En Corp Defendants' Motion to Dismiss the Complaint filed by Plaintiff BMF Advance, Cross Defendant BMF Advance. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Extend Briefing Deadlines on the En Corp Defendants' Motion to Dismiss the Complaint) Motions referred to Dustin B. Pead.(Dunkelberger, James) Modified by correcting event on 11/22/2021 (jl).
October 25, 2021 Opinion or Order Filing 60 ORDER granting #59 Motion to Extend Briefing Dealines re #22 MOTION to Dismiss and Memorandum in Support. BMF shall file its memorandum in opposition to the Motion to Dismiss the Complaint (ECF No. #22 ) on or before November 19, 2021. The En Corp Defendants shall file their reply memorandum, if any, within twenty-one (21) days of the opposition. Signed by Magistrate Judge Dustin B. Pead on 10/25/2021. (jl)
October 25, 2021 Opinion or Order Filing 59 Stipulated MOTION for Extension of Time Briefing Deadlines on the En Corp Defendants' Motion to Dismiss the Complaint filed by Plaintiff BMF Advance. (Attachments: #1 Exhibit A to Stipulated Motion to Extend Briefing Deadlines on the En Corp Defendants' Motion to Dismiss the Complaint) Motions referred to Dustin B. Pead.(Dunkelberger, James) Modified by correcting event on 10/25/2021 (jl).
October 1, 2021 Opinion or Order Filing 58 DOCKET TEXT ORDER establishing response and reply deadlines for #22 Motion to Dismiss. The previous briefing deadlines for this motion were interrupted by the stay previously in place in this case. Now that the stay has been lifted, and the scheduling order amended, Plaintiff has until 10/29/2021 to file a response to #22 Motion to Dismiss. The moving defendants may file a reply to Plaintiff's response within 14 days of receiving it. This order does not affect any deadline established by #57 Amended Scheduling Order. No attached document. Signed by Judge David Barlow on 10/01/2021. (dah)
October 1, 2021 Opinion or Order Filing 57 ORDER granting #56 Motion for Amended Scheduling Order Discovery due by 9/30/2022. Motions due by 12/2/2022. Scheduling Conference set for 12/7/2022 at 02:45 PM in Rm 8.100 before Judge David Barlow. Signed by Magistrate Judge Dustin B. Pead on 10/01/2021. (jl)
September 30, 2021 Opinion or Order Filing 56 Stipulated MOTION for Amended Scheduling Order filed by Plaintiff BMF Advance, Cross Defendant BMF Advance. Motions referred to Dustin B. Pead.(Dunkelberger, James)
September 27, 2021 Opinion or Order Filing 55 DOCKET TEXT ORDER. The twenty-one day stay is lifted and pursuant to the Order Staying Case (ECF No. 53), the parties shall meet and confer and no later than October 1, 2021, file a stipulated, proposed Amended Scheduling Order. No attached document Signed by Magistrate Judge Dustin B. Pead on 09/27/2021.
August 6, 2021 Opinion or Order Filing 54 NOTICE of Appearance by Chase A. Adams on behalf of Joseph Azulay, Joseph H (Adams, Chase)
July 16, 2021 Opinion or Order Filing 53 ORDER STAYING CASE for 21 days DUCivR 83-1.4(e)(1). ORDER on #50 MOTION to Withdraw as Counsel: Attorney Jessica Ramirez and James A. Sorenson terminated. Per instructions, a copy of this order emailed to Joseph Azulay. Signed by Magistrate Judge Dustin B. Pead on 07/16/2021. (jl)
July 15, 2021 Opinion or Order Filing 52 CERTIFICATE OF SERVICE by Joseph Azulay re #50 MOTION to Withdraw as Counsel (Sorenson, James)
July 15, 2021 Opinion or Order Filing 51 DOCKET TEXT ORDER taking under advisement #50 Motion to Withdraw as Counsel ("Motion"). Pursuant to local rule 83-1.4, Counsel to certify that the Motion was sent to Defendants and Counterclaim Plaintiffs Joseph H. Inc. and Joseph Azulay. See, DUCivR 83-1.4(c)(1)(A)(v). Signed by Magistrate Judge Dustin B. Pead on 07/15/2021.
July 15, 2021 Opinion or Order Filing 50 MOTION to Withdraw as Counsel filed by Cross Defendant Joseph Azulay, Cross Claimant Joseph Azulay, Defendant Joseph Azulay. (Attachments: #1 Request to Submt, #2 Proposed Order) Motions referred to Dustin B. Pead.(Sorenson, James)
July 8, 2021 Opinion or Order Filing 49 DOCKET TEXT ORDER STRIKING SETTLEMENT CONFERENCE. The court appreciates the benefits of this district's court-sponsored mediation practices. Such practices often result in significant savings in both time and money for the parties. Mediations that take place within this program are overwhelmingly successful due to, in large part, the absence of overwhelming dispute regarding key facts. The court is often asked for its evaluative opinion regarding legal issues and strives to thoughtfully provide the same. This of course becomes challenging without a foundation of facts from which an evaluation can be reasonably made. Finding the balance between the maximum flexibility early mediation provides and the need to suspend the same for a period of time for some limited discovery can be challenging. There are rare circumstances in which the court believes an alternative to planned court-sponsored mediation is appropriate.Upon review of the docket along with the parties' joint settlement statement, the court concludes this is one of those rare cases in which private mediation, or additional case development, is the more appropriate course of action. While unusual, given the competing legal issues, outstanding factual issues (along with an indication that the settlement judges resolution of the outstanding factual issues will aide settlement), absence of discovery, numerous named and interested parties, and a pending dispositive motion as it relates to Defendants ENCORP, Enrique Garcia and Victor Enriquez, the court finds that a court led settlement would not, at this juncture, be an efficient option for a cost-effective resolution. The court remains committed to assisting with the settlement process. As a result, if appropriate, the parties may refile their joint request for settlement after they engage in private mediation, participate in discovery or otherwise resolve outstanding factual matters that are necessary for productive settlement discussions. Accordingly, the August 10, 2021 Settlement Conference is stricken. No attached document Signed by Magistrate Judge Dustin B. Pead on 07/08/2021.
June 2, 2021 Opinion or Order Filing 48 Judicial Settlement Conference ORDER. (Settlement Conference set for 8/10/2021 at 09:30 AM in Judges Chambers before Magistrate Judge Dustin B. Pead.) Signed by Magistrate Judge Dustin B. Pead on 06/02/2021. (jl)
May 12, 2021 Opinion or Order Filing 47 ORDER granting #46 Joint Motion for Referral to Magistrate Judge Pead for Settlement Conference. The Court ORDERS that this case is referred to Magistrate Judge Pead for the purpose of conducting a settlement conference among the parties pursuant to DUCivR 16-3. Arrangements for setting the settlement conference will be made by Judge Pead. Signed by Judge David Barlow on 05/12/2021. (jl)
May 11, 2021 Opinion or Order Filing 46 Joint MOTION for Settlement Conference Referral to Magistrate Judge Pead filed by Defendants EN Corp USA, Victor Enriquez, Enrique Garcia. (Attachments: #1 Text of Proposed Order)(Sorenson, Amy)
April 22, 2021 Opinion or Order Filing 45 ORDER granting #42 Stipulated Motion for Extension to Extend Deadline to File Memorandum in Opposition to En Corp Defendants' Motion to Dismiss the Complaint re #22 MOTION to Dismiss and Memorandum in Support. Memorandum in opposition due by 6/30/2021 Signed by Judge David Barlow on 04/22/2021. (jl)
April 22, 2021 Opinion or Order Filing 44 Motions No Longer Referred: #42 MOTION for Extension of Time to File Response/Reply (ath)
April 22, 2021 Opinion or Order Filing 43 ORDER granting #40 Motion for Extension of Time to Answer re #21 Answer to Complaint, Crossclaim: Crossclaim Defendants EN Corp USA, Victor Enriquez, and Enrique Garcia to file their response to the Crossclaim no later than ten (10) days after the parties' scheduled mediation if this case does not settle. Signed by Magistrate Judge Dustin B. Pead on 04/22/2021. (jl)
April 21, 2021 Opinion or Order Filing 42 Stipulated MOTION for Extension of Time to File Memorandum in Opposition to En Corp Defendants' #22 Motion to Dismiss the Complaint filed by Plaintiff BMF Advance. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Dunkelberger, James) Modified by linking to document #22 and correcting event on 4/22/2021 (jl).
April 21, 2021 Opinion or Order Filing 41 ORDER granting #39 Motion for Extension of Time to Answer re #20 Answer to Complaint (Notice of Removal), Crossclaim. the Court ORDERS that Crossclaim Defendants EN Corp USA, Victor Enriquez, and Enrique Garcia file their response to the Crossclaim no later than ten (10) days after the parties' scheduled mediation if this case does not settle. Signed by Magistrate Judge Dustin B. Pead on 04/21/2021. (jl)
April 21, 2021 Opinion or Order Filing 40 Stipulated MOTION for Extension of Time to Respond to #21 Crossclaim Plaintiffs Joseph H, Inc. and Joseph Azulays Crossclaim filed by Defendants EN Corp USA, Victor Enriquez, Enrique Garcia. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Sorenson, Amy) Modified by correcting event and linking to #21 on 4/21/2021 (jl).
April 21, 2021 Opinion or Order Filing 39 Stipulated MOTION for Extension of Time to Respond to #20 Crossclaim Plaintiffs Litiscape, LLC and Michael Kamalus Crossclaim filed by Defendants EN Corp USA, Victor Enriquez, Enrique Garcia. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Sorenson, Amy) Modified by correcting event and linking to #20 on 4/21/2021 (jl).
April 19, 2021 Opinion or Order Filing 38 SCHEDULING ORDER: Discovery due by 5/27/2022. Motions due by 7/3/2022. Scheduling Conference set for 7/13/2022 at 02:45 PM in Rm 8.100 before Judge David Barlow. See order for other deadlines. Signed by Magistrate Judge Dustin B. Pead on 04/19/2021. (jl)
April 14, 2021 Opinion or Order Filing 37 ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 4/14/2021. (ath)
April 9, 2021 Opinion or Order Filing 36 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Scheduling Order)(Dunkelberger, James)
April 9, 2021 Opinion or Order Filing 35 ORDER OF RECUSAL Judge Jill N. Parrish recused. Case reassigned to Judge David Barlow for all further proceedings. Signed by Judge Jill N. Parrish on 4/9/21. (alf)
April 8, 2021 Opinion or Order Filing 34 Crossclaim Defendants' Litiscape, LLC and Michael Kamalu's ANSWER to #20 Crossclaim Joseph H, Inc and Joseph Azulay's Crossclaim filed by Michael Kamalu, Litiscape.(Heiner, Kevin)
April 8, 2021 Opinion or Order Filing 33 ANSWER to #21 Crossclaim filed by Joseph Azulay, Joseph H.(Sorenson, James)
April 8, 2021 Opinion or Order Filing 32 ORDER granting #29 Motion for Extension of Time extending the deadline for Defendant Joseph H. Inc. and Joseph Azulay (the Azulay Defendants) to respond to BMF Advance, LLCs first set of Discovery Requests which have been served on the Azulay Defendants until April 15, 2021, and the Azulay Defendants shall have up to, through and including April 16, 2021 to submit their initial disclosures. Signed by Judge Jill N. Parrish on 4/8/21. (alf)
April 8, 2021 Opinion or Order Filing 31 ORDER granting #30 Motion for Extension of Time extending the deadline for Defendants Litiscape, LLC and Michael Kamalu to respond to Plaintiff BMF Advance, LLCs First Set of Written Discovery Requests through and including April 22, 2021. Signed by Judge Jill N. Parrish on 4/8/21. (alf)
April 8, 2021 Opinion or Order Filing 30 Stipulated MOTION for Extension of Time to File Response/Reply and Memorandum in Support to Extend Deadline for Defendants Litiscape, LLC and Michael Kamalu to Respond to Plaintiff's First Set of Written Discovery Requests filed by Defendants Michael Kamalu, Litiscape. (Heiner, Kevin)
April 7, 2021 Opinion or Order Filing 29 Stipulated MOTION for Extension of Time to Respond to BMF's First Set of Discovery Requests to Defendants and Submit Initial Disclosures filed by Defendants Joseph Azulay, Joseph H. (Attachments: #1 Text of Proposed Order)(Ramirez, Jessica)
April 7, 2021 Opinion or Order Filing 28 ORDER granting #25 Motion for Extension of Time to Respond to Crossclaim Plaintiffs Litiscape, LLC and Michael Kamalus Crossclaim. Crossclaim Defendants EN Corp USA, Victor Enriquez, and Enrique Garcia's response to the Crossclaim due April 22, 2021. Signed by Judge Jill N. Parrish on 4/7/21. (alf)
April 7, 2021 Opinion or Order Filing 27 ORDER granting #26 Motion for Extension of Time to Respond to Crossclaim Plaintiffs Joseph H. Inc. and Joseph Azulays Crossclaim. Crossclaim Defendants EN Corp USA, Victor Enriquez, and Enrique Garcia's response to the Crossclaim due on or before April 22, 2021. Signed by Judge Jill N. Parrish on 4/7/21. (alf)
April 6, 2021 Opinion or Order Filing 26 Stipulated MOTION for Extension of Time to Respond to Crossclaim Plaintiffs Joseph H. Inc. and Joseph Azulay's Crossclaim filed by Defendants EN Corp USA, Victor Enriquez, Enrique Garcia. (Attachments: #1 Text of Proposed Order Proposed Order)(Sorenson, Amy)
April 6, 2021 Opinion or Order Filing 25 Stipulated MOTION for Extension of Time to Respond to Crossclaim Plaintiffs Litiscape, LLC and Michael Kamalu's Crossclaim filed by Defendants EN Corp USA, Victor Enriquez, Enrique Garcia. (Attachments: #1 Text of Proposed Order Proposed Order)(Sorenson, Amy)
March 26, 2021 Opinion or Order Filing 24 Case Reassigned to District Judge per docket text order 23 . Case randomly assigned to Judge Jill N. Parrish. Magistrate Judge Cecilia M. Romero no longer assigned to the case. (alf)
March 26, 2021 Opinion or Order Filing 23 DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Given the number of defendants, and the pending #22 Motion to Dismiss, consent to the jurisdiction of a magistrate judge by all parties is not immediately feasible. Accordingly, the court orders reassignment of this case to a district judge. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 3/26/2021. (cvm)
March 25, 2021 Opinion or Order Filing 22 MOTION to Dismiss and Memorandum in Support filed by Defendants EN Corp USA, Victor Enriquez, Enrique Garcia, Cross Defendants EN Corp USA, EN Corp USA, Victor Enriquez, Victor Enriquez, Enrique Garcia, Enrique Garcia. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wirthlin, John)
March 18, 2021 Opinion or Order Filing 21 ANSWER to Complaint with Jury Demand , CROSSCLAIM against Joseph Azulay, EN Corp USA, Encorp, Victor Enriquez, Enrique Garcia, Joseph H filed by Michael Kamalu, Litiscape.(Heiner, Kevin)
March 18, 2021 Opinion or Order Filing 20 ANSWER to Complaint (Notice of Removal #2 ) and, CROSSCLAIM against BMF Advance, EN Corp USA, Encorp, Victor Enriquez, Enrique Garcia, Michael Kamalu, Litiscape filed by Joseph Azulay, Joseph H. (Sorenson, James)
March 18, 2021 Opinion or Order Filing 19 ORDER granting #17 Motion for Extension of Time. Defendants Litiscape, LLC and Michael Kamalu shall have through and including April 8, 2021, to respond to Plaintiff BMF Advance, LLCs First Set of Written Discovery Requests. Signed by Magistrate Judge Cecilia M. Romero on 3/18/21. (alf)
March 18, 2021 Opinion or Order Filing 18 ORDER granting #15 Motion for Extension of Time to Respond to the Complaint. Answer deadline updated for EN Corp USA, Victor Enriquez and Enrique Garcia to 3/25/2021. Signed by Magistrate Judge Cecilia M. Romero on 3/18/21. (alf)
March 17, 2021 Opinion or Order Filing 17 Stipulated MOTION for Extension of Time Extend Deadline for Defendants Litiscape, LLC and Michael Kamalu to Respond to Plaintiff's First Set of Written Discovery Requests and Memorandum in Support filed by Defendants Michael Kamalu, Litiscape. (Heiner, Kevin)
March 17, 2021 Opinion or Order Filing 16 NOTICE of Appearance by Kevin Graham Heiner on behalf of Michael Kamalu, Litiscape (Heiner, Kevin)
March 17, 2021 Opinion or Order Filing 15 Stipulated MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendants EN Corp USA, Victor Enriquez, Enrique Garcia. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion for Extension of Time to Respond to the Complaint)(Sorenson, Amy)
March 8, 2021 Opinion or Order Filing 14 ORDER granting #12 Motion for Extension of Time to Answer Complaint and Respond to Discovery Requests. Answer deadline updated for Joseph Azulay to 3/18/2021; and through and including April 8, 2021 to respond to Plaintiffs Discovery Requests which have been served. Signed by Magistrate Judge Cecilia M. Romero on 3/8/21. (alf)
March 8, 2021 Opinion or Order Filing 13 NOTICE of Appearance by Jessica Ramirez on behalf of Joseph Azulay, Joseph H (Ramirez, Jessica)
March 5, 2021 Opinion or Order Filing 12 Stipulated MOTION for Extension of Time to File Answer or Otherwise Plead and Respond to Plaintiff's Discovery Requests filed by Defendants Joseph Azulay, Joseph H. (Attachments: #1 Text of Proposed Order) Attorney James A. Sorenson added to party Joseph Azulay(pty:dft), Attorney James A. Sorenson added to party Joseph H (pty:dft)(Sorenson, James)
February 25, 2021 Opinion or Order Filing 11 ORDER granting #10 Motion for Extension of Time to Answer re #2 Notice of Removal. Answer deadline updated for EN Corp USA answer due 3/18/2021; Victor Enriquez answer due 3/18/2021; Enrique Garcia answer due 3/18/2021. Signed by Magistrate Judge Cecilia M. Romero on 2/25/21. (jwt)
February 24, 2021 Opinion or Order Filing 10 Stipulated MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Defendants EN Corp USA, Victor Enriquez, Enrique Garcia. (Attachments: #1 Exhibit Proposed Order Granting Stipulation Motion for Extension of Time to Respond to the Complaint)(Wirthlin, John) Modified on 2/25/2021 changing event to Motion for Extension of Time to File Answer(jwt).
February 24, 2021 Opinion or Order Filing 9 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by BMF Advance as to Joseph Azulay served on 2/24/2021, answer due 3/5/2021; Joseph H served on 2/24/2021, answer due 3/5/2021. (Attachments: #1 Exhibit Summons (Joseph Azulay), #2 Exhibit Summons (Joseph H Inc.))(Dunkelberger, James) Modified on 2/24/2021 - per the Acceptance of Service and discussion with counsel, answer deadline is updated to 3/5/21 as to these defendants (alf).
February 24, 2021 Opinion or Order Filing 8 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 Cecilia M. Romero on 2/24/21. (alf)
February 24, 2021 Opinion or Order ANSWER DEADLINE UPDATED for Joseph Azulay answer due 3/5/2021; Joseph H answer due 3/5/2021 per Acceptance of Service #9 and discussion with counsel, defendant has agreed to file answer by 3/5/21. Upon filing, counsel was not able to modify the answer date. (alf)
February 23, 2021 Opinion or Order Filing 7 File downloaded from Third District Court, Salt Lake County Web Xchange consisting of Docket Sheet, Request for Data Correction, Acceptance of Service Litiscap & Kamalu, Returns of Service for Garcia, Enriquez, Encorp, Encorp USA, Notice of Removal and all applicable state court returns. (Attachments: #1 Complaint, #2 Complaint Return of Electronic Notification, #3 Request for Data Correction, #4 Request for Data Correction Return of electronic Notification, #5 Acceptance of Service Litiscape and Kamalu, #6 Acceptance of Service Return of Electronic Notification, #7 Return of Service Garcia, #8 Return of Service Enriquez, #9 Return of Service Encorp, #10 Return of Service Encorp USA, #11 Returns of Service Return of Electronic Notification, #12 Notice of Removal, #13 Notice of Removal Return of Electronic Notification) (alf)
February 23, 2021 Opinion or Order Filing 6 NOTICE OF ADR, e-mailed or mailed to Plaintiff BMF Advance, Defendants EN Corp USA, Victor Enriquez, Enrique Garcia, Michael Kamalu, Litiscape. (nmt)
February 22, 2021 Opinion or Order Filing 5 NOTICE of Defendants Litiscape, LLC and Michael Kamalu's Notice of Consent to Removal by Michael Kamalu, Litiscape re #2 Notice of Removal, (Hafen, Jonathan)
February 22, 2021 Opinion or Order Filing 4 EXHIBITS filed by Victor Enriquez re #2 Notice of Removal,. (Sorenson, Amy)
February 22, 2021 Opinion or Order Filing 3 NOTICE of Consent to Removal (of Defendants En Corp USA and Victor Enriquez) by EN Corp USA, Victor Enriquez (Sorenson, Amy)
February 22, 2021 Opinion or Order Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 210900262, (Filing fee $ 402, receipt number AUTDC-3926065) filed by Victor Enriquez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) Assigned to Magistrate Judge Cecilia M. Romero (Sorenson, Amy)
February 22, 2021 Opinion or Order Filing 1 Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Defendants EN Corp USA, Victor Enriquez, Enrique Garcia 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 $ 402.00 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. (nmt)

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Search for this case: BMF Advance v. Litiscape et al
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Defendant: Litiscape
Represented By: Jonathan O. Hafen
Represented By: Cynthia D. Love
Represented By: Kevin G Heiner
Represented By: Kevin G. Heiner
Represented By: Rick Rose
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Defendant: Encrop
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Defendant: EN Corp USA
Represented By: John A. Wirthlin
Represented By: Amy F. Sorenson
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Defendant: Clark Business Law
Represented By: R. Jeremy Adamson
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Cross defendant: Enrique Garcia
Represented By: John A. Wirthlin
Represented By: Amy F. Sorenson
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Cross defendant: Victor Enriquez
Represented By: John A. Wirthlin
Represented By: Amy F. Sorenson
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Cross defendant: Michael Kamalu
Represented By: Jonathan O. Hafen
Represented By: Cynthia D. Love
Represented By: Kevin G Heiner
Represented By: Kevin G. Heiner
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Cross defendant: Encorp
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Cross claimant: Joseph Azulay
Represented By: Jessica Ramirez
Represented By: James A. Sorenson
Represented By: Chase A. Adams
Represented By: Alyssa J. Wood
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Cross claimant: Joseph H
Represented By: Jessica Ramirez
Represented By: James A. Sorenson
Represented By: Chase A. Adams
Represented By: Alyssa J. Wood
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Plaintiff: BMF Advance
Represented By: Bradley C. Johnson
Represented By: James C. Dunkelberger
Represented By: Daniel K. Brough
Represented By: Taylor C. Jaussi
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