Romaric Automation Design v. Alert Innovation
| Romaric Automation Design |
| Alert Innovation |
| 2:2021cv00105 |
| February 22, 2021 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Howard C Nielson |
| Daphne A Oberg |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 3, 2022. A more recent docket listing may be available from PACER.
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Filing 57
AMENDED ORDER SETTING IN-PERSON HEARING OR TRIAL Status Conference reset for 5/18/2022 at 01:00 PM in Rm 7.100 before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 5/3/22. (ksm)
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Filing 56
ORDER SETTING IN-PERSON HEARING OR TRIAL Status Conference reset for 5/17/2022 at 01:00 PM in Rm 7.100 before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 5/2/22. (ksm)
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Filing 55
AMENDED ORDER SETTING IN-PERSON HEARING OR TRIAL Status Conference reset for 5/3/2022 at 01:00 PM in Rm 7.100 before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 4/19/22. (ksm)
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Filing 54
ORDER SETTING IN-PERSON HEARING OR TRIAL Status Conference set for 4/20/2022 at 03:00 PM in Rm 7.100 before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 4/4/22. (ksm)
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Filing 53
DOCKET TEXT ORDER. Plaintiff's #51 Short Form Discovery Motion is withdrawn in accord with Plaintiff's statements at the April 1, 2022 Initial Pre-Trial and Scheduling Conference. Signed by Magistrate Judge Jared C. Bennett on 04/01/2022. (docket text order; no attached document) (aja)
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| Filing 52 Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett on 4/01/2022 re: 49 Initial Pre-Trial and Scheduling Conference. All parties appeared by Zoom. The court hears argument from counsel regarding ESI search term protocol and proposal exchange. The court sets an in-person status conference for Wednesday, April 20, 2022, at 3:00 p.m. Plaintiff agrees to withdraw #51 short form discovery motion. Attorney for Plaintiff: William Ingram; Attorneys for Defendant: Joshua Rupp and Michael Eixenberger. Court Reporter: electronic Zoom. (Time Start: 3:00 p.m., Time End: 3:30 p.m., Room 7.100.) (aja) |
| Filing 51 MOTION for Short Form Discovery re: Amended Discovery Plan and Scheduling Order filed by Plaintiff Romaric Automation Design. (Attachments: #1 Exhibit Proposed Order (Redline), #2 Exhibit Proposed Order (Clean)) Motions referred to Jared C. Bennett.(Ingram, William) |
| Filing 50 NOTICE OF WITHDRAWAL OF COUNSEL of John T. Gutkoski filed by Joshua S. Rupp on behalf of Alert Innovation (Rupp, Joshua) |
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Filing 49
ORDER SETTING ZOOM HEARING OR TRIAL Initial Pre-Trial and Scheduling Conference set for 4/1/2022 at 03:00 PM in Judges Chambers before Magistrate Judge Jared C. Bennett.ZOOM Instructions will be sent to all parties prior to the hearing. The general public is to notify Judge Bennett's chambers by email, kirsten_mumford@utd.uscourts.gov, at least 24 hours in advance of hearing if they wish to listen in on ZOOM hearing. Signed by Magistrate Judge Jared C. Bennett on 3/9/22. (ksm)
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Filing 48
DOCKET TEXT ORDER granting #47 Motion to Lift Stay and Setting Scheduling Conference. The stay previously imposed in this case is hereby lifted and an Initial Pretrial and Scheduling Conference will be held with Magistrate Judge Jared C. Bennett on Friday, April 1, 2022, at 3:00 p.m. A Notice of Hearing will be provided via separate docket entry. Signed by Magistrate Judge Jared C. Bennett on 03/09/2022. (docket text order; no attached document) (aja)
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| Filing 47 MOTION to Lift Stay and Request for Rule 16 Scheduling Conference and Memorandum in Support filed by Plaintiff Romaric Automation Design. Motions referred to Jared C. Bennett.(Ingram, William) |
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Filing 46
ORDER granting #45 Stipulated Motion to Stay or, in the Alternative, Extend Discovery Deadlines Pending Mediation. Signed by Magistrate Judge Jared C. Bennett on 12/2/21. (dla)
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| Filing 45 Stipulated MOTION to Stay and Memorandum in Support filed by Plaintiff Romaric Automation Design. (Attachments: #1 Text of Proposed Order Staying Discovery Deadlines Pending Mediation) Motions referred to Jared C. Bennett.(Ingram, William) |
| Filing 44 NOTICE of Appearance by Michael A. Eixenberger on behalf of Alert Innovation (Eixenberger, Michael) |
| Filing 43 NOTICE of Appearance by James T. Burton on behalf of Alert Innovation (Burton, James) |
| Filing 42 SUBSTITUTION OF COUNSEL Joshua S. Rupp replacing Engels Tejeda; John J. Tumilty; Paige K. Zacharakis; Joel R. Leeman and Darren G. Reid as counsel on behalf of Alert Innovation. (Rupp, Joshua) |
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Filing 41
ORDER granting #40 Motion for Admission Pro Hac Vice of Attorney Joel R. Leeman for Alert Innovation. 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 Magistrate Judge Jared C. Bennett on 9/16/21. (dla)
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| Filing 40 MOTION for Admission Pro Hac Vice of Joel R. Leeman , Registration fee $ 250, receipt number 4230505,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 Counter Claimant Alert Innovation. (Attachments: #1 Exhibit 1 - Pro Hac Vice Application, #2 Text of Proposed Order Order Granting Pro Hac Vice Application)(Tejeda, Engels) |
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Filing 39
DOCKET TEXT ORDER denying without prejudice #38 Motion for Admission Pro Hac Vice of Joel R. Leeman. The motion did not attach the application as required by DUCivR 83-1.1(c)(2)(B). Counsel may refile the motion in compliance with DUCivR 83-1.1(c). Signed by Magistrate Judge Jared C. Bennett on 09/15/2021. (Docket text order; no attached document) (aja)
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| Filing 38 MOTION for Admission Pro Hac Vice of Joel R. Leeman , Registration fee $ 250, receipt number AUTDC-4107941,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 Counter Claimant Alert Innovation. (Attachments: #1 Text of Proposed Order)(Tejeda, Engels) |
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Filing 37
DOCKET TEXT ORDER - In light of #30 Amended Complaint, #17 Defendant's Motion to Dismiss is DENIED as moot. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 08/27/2021. (jrl)
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| Filing 36 RESPONSE re #35 Amended Answer to Complaint,- Amended Counterclaim and Jury Demand filed by Romaric Automation Design. (Ingram, William) |
| Filing 35 AMENDED ANSWER to Second #30 Amended Complaint and Amended Counterclaim filed by Alert Innovation. (Tejeda, Engels) |
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Filing 34
ORDER granting #32 Motion for Admission Pro Hac Vice of Attorney John J. Tumilty for Alert Innovation. BR>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 Magistrate Judge Jared C. Bennett on 6/1/21. (dla)
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Filing 33
ORDER granting #31 Motion for Admission Pro Hac Vice of Attorney Paige K. Zacharakis for Alert Innovation. 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 Magistrate Judge Jared C. Bennett on 6/1/21. (dla)
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| Filing 32 MOTION for Admission Pro Hac Vice of John J. Tumilty , Registration fee $ 250, receipt number AUTDC-4019170,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 Defendant Alert Innovation. (Tejeda, Engels) |
| Filing 31 MOTION for Admission Pro Hac Vice of Paige K. Zacharakis , Registration fee $ 250, receipt number AUTDC-4019169,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 Defendant Alert Innovation. (Tejeda, Engels) |
| Filing 30 AMENDED COMPLAINT against Romaric Automation Design with Jury Demand. filed by Romaric Automation Design. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Ingram, William) |
| Filing 29 STIPULATION to File Second Amended Complaint by Romaric Automation Design. (Ingram, William) |
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Filing 28
SCHEDULING ORDER: Amended Pleadings due by 9/1/2021. Joinder of Parties due by 9/1/2021. Expert Discovery due by 9/9/2022. Motions due by 10/7/2022. Signed by Magistrate Judge Jared C. Bennett on 5/3/21 (alt)
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| Filing 27 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Bullock, Ryan) |
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Filing 26
ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Douglas Nash for Romaric Automation Design.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 Magistrate Judge Jared C. Bennett on 5/3/21 (alt)
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| Filing 25 ANSWER to #18 Counterclaim filed by Romaric Automation Design. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Ingram, William) |
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Filing 24
ORDER granting #22 Motion for Extension of Time to Answer re #20 Amended Complaint: Answer deadline updated for Alert Innovation - answer due 5/24/2021; granting #22 Motion for Extension of Time to File Response/Reply re #17 Defendant's MOTION to Dismiss (Partial): Response due by 5/31/2021). Rule 26(f) report and proposed scheduling order filing deadline is 5/3/21. Signed by Magistrate Judge Jared C. Bennett on 4/26/21 (alt)
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| Filing 23 NOTICE OF DEFICIENCY re #20 Amended Complaint. The document cannot be filed once as both a complaint and an answer - document must be filed once as as an amended complaint, then again using the "Answer to Complaint" filing event, linking to the pleading they mean to answer. The clerk requests the filer of the original document to refile the pleading so that it appears on the docket as an Answer to the Counterclaim. The new entry will receive a new document number on the docket. (alt) |
| Modification of Docket re #22 Stipulated MOTION for Extension of Time to File Answer. Error: Motion requesting at least 2 different reliefs was filed with only one relief selected. Correction: Second relief, "Extension of Time to File Response/Reply" will be added to the entry so that an order can modify a motion-related deadline as well as a complaint-related deadline. (alt) |
| Filing 22 Stipulated MOTION for Extension of Time to File Answer re #20 Amended Complaint, #17 Defendant's MOTION to Dismiss (Partial), #3 Order to Propose Schedule, filed by Defendant Alert Innovation. (Attachments: #1 Text of Proposed Order Granting Motion to Amend) Motions referred to Jared C. Bennett.(Tejeda, Engels) |
| Filing 21 NOTICE of Change of Address by Engels Tejeda (Tejeda, Engels) |
| Filing 20 AMENDED COMPLAINT and REPLY TO COUNTERCLAIM against Alert Innovation with Jury Demand. filed by Romaric Automation Design. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Ingram, William) |
| Filing 19 MOTION for Admission Pro Hac Vice of Douglas J. Nash , Registration fee $ 250, receipt number BUTDC-3975353,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 Counter Defendant Romaric Automation Design, Plaintiff Romaric Automation Design. (Attachments: #1 Exhibit - Application for Pro Hac Vice Admission, #2 Text of Proposed Order Granting Motion for Pro Hac Vice)(Ingram, William) |
| Filing 18 Defendant Alert Innovation, Inc.'s ANSWER to Complaint and, COUNTERCLAIM against Romaric Automation Design filed by Alert Innovation.(Reid, Darren) |
| Filing 17 Defendant's MOTION to Dismiss (Partial) filed by Defendant Alert Innovation. (Reid, Darren) |
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Filing 16
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. So ordered by Magistrate Judge Jared C. Bennett on 3/18/21 (docket text only - no attached document) (alt)
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| Filing 15 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 Howard C. Nielson, Jr. Magistrate Judge Daphne A. Oberg no longer assigned to the case. (alf) |
| Filing 14 RECEIVED Consent/Reassignment Form from Plaintiff Romaric Automation Design. (alf) |
| Filing 13 RECEIVED Consent/Reassignment Form from Defendant Alert Innovation. (alf) |
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Filing 12
DOCKET TEXT ORDER granting #11 Stipulated Motion for Extension of Deadlines for Order to Propose Schedule. The deadline for Plaintiff to propose a schedule to Defendant in the form of a draft Attorney Planning Meeting report is extended until fourteen (14) days after Defendant has filed a responsive pleading to Plaintiffs Complaint. If the parties cannot agree to a Proposed Scheduling Order, they shall proceed as set forth in the Order to Propose Schedule. Signed by Magistrate Judge Daphne A. Oberg on 3/10/2021. No attached document. (med)
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| Filing 11 Stipulated MOTION for Extension of Time Re Deadlines for Order to Propose Schedule filed by Plaintiff Romaric Automation Design. (Attachments: #1 Text of Proposed Order)(Bullock, Ryan) |
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Filing 10
ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney John T. Gutkoski for Alert Innovation.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 Magistrate Judge Daphne A. Oberg on 2/24/21. (alf)
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| Filing 9 MOTION for Admission Pro Hac Vice of John T. Gutkoski , Registration fee $ 250, receipt number AUTDC-3928465,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 Defendant Alert Innovation. (Attachments: #1 Exhibit 1 - Application for Pro Hac Vice Admission-John T Gutkoski, #2 Exhibit 2 - (Proposed) Order Granting Pro Hac Vice Admission to John T Gutkoski)(Tejeda, Engels) |
| 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 Defendant Alert Innovation, Plaintiff Romaric Automation Design. Form due by 3/10/2021. (alf) |
| Filing 7 File 2 downloaded from Third District Court, Salt Lake County Web Xchange consisting of Notice of Removal and state court return. (Attachments: #1 Notice of Removal Return of Electronic Notification) (alf) |
| Filing 6 File 1 downloaded from Third District Court, Salt Lake County Web Xchange consisting of Docket Sheet, Complaint, Acceptance of Service and applicable state court returns. This file is in two parts. (Attachments: #1 Complaint, #2 Complaint Return of Electronic Notification, #3 Acceptance of Service, #4 Acceptance of Service Return of Electronic Notification) (alf) |
| Filing 5 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney John T. Gutkoski, for Defendant Alert Innovation. (mh) |
| Filing 4 NOTICE OF ADR, e-mailed or mailed to Defendant Alert Innovation, Plaintiff Romaric Automation Design. (mh) |
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Filing 3
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within fourteen (14) days. See order for additional instructions. Signed by Magistrate Judge Daphne A. Oberg on 02/23/2021. (jl)
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| Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 210900605, (Filing fee $ 402, receipt number AUTDC-3926197) filed by Alert Innovation. (Attachments: #1 Exhibit 1 - Complaint (State Court), #2 Exhibit 2 - Waiver and Acceptance of Service (State Court), #3 Exhibit 3 - State Court Docket, #4 Exhibit 4 - Notice of Removal (State Court), #5 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Daphne A. Oberg (Tejeda, Engels) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Defendant Alert Innovation 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 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. (mh) |
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