BMF Advance v. Litiscape et al
| BMF Advance |
| Litiscape, Enrique Garcia, Encrop, EN Corp USA, Victor Enriquez, Michael Kamalu and Encorp |
| Joseph Azulay and Joseph H |
| 2:2021cv00103 |
| February 22, 2021 |
| US District Court for the District of Utah |
| David Barlow |
| Dustin B Pead |
| Cecilia M Romero |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.
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| 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) |
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)
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| 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) |
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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)
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| 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). |
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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)
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| 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). |
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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)
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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)
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| 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) |
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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.
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| Filing 54 NOTICE of Appearance by Chase A. Adams on behalf of Joseph Azulay, Joseph H (Adams, Chase) |
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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)
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| Filing 52 CERTIFICATE OF SERVICE by Joseph Azulay re #50 MOTION to Withdraw as Counsel (Sorenson, James) |
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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.
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| 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) |
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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.
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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)
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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)
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| 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) |
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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)
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| Filing 44 Motions No Longer Referred: #42 MOTION for Extension of Time to File Response/Reply (ath) |
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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)
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| 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). |
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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)
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| 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). |
| 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). |
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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)
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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)
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| Filing 36 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Scheduling Order)(Dunkelberger, James) |
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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)
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| 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) |
| Filing 33 ANSWER to #21 Crossclaim filed by Joseph Azulay, Joseph H.(Sorenson, James) |
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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)
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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)
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| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
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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)
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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)
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| 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) |
| Filing 16 NOTICE of Appearance by Kevin Graham Heiner on behalf of Michael Kamalu, Litiscape (Heiner, Kevin) |
| 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) |
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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)
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| Filing 13 NOTICE of Appearance by Jessica Ramirez on behalf of Joseph Azulay, Joseph H (Ramirez, Jessica) |
| 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) |
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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)
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| 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). |
| 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). |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 4 EXHIBITS filed by Victor Enriquez re #2 Notice of Removal,. (Sorenson, Amy) |
| Filing 3 NOTICE of Consent to Removal (of Defendants En Corp USA and Victor Enriquez) by EN Corp USA, Victor Enriquez (Sorenson, Amy) |
| 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) |
| 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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