Everest Realty Group v Century 21 Real Estate
Plaintiff: Everest Realty Group
Defendant: Century 21 Real Estate
Case Number: 2:2021cv00150
Filed: March 11, 2021
Court: US District Court for the District of Utah
Presiding Judge: Tena Campbell
Referring Judge: Daphne A Oberg
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2021 Opinion or Order Filing 28 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 Daphne A. Oberg on 4/28/21 (alt)
April 27, 2021 Opinion or Order Filing 27 DOCKET TEXT ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Stephanie Imbornone for Century 21 Real Estate.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. So ordered by Judge Tena Campbell on 4/27/21 (docket text only - no attached document) (alt)
April 27, 2021 Opinion or Order Filing 26 DOCKET TEXT ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney Ronald A. Giller for Century 21 Real Estate.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. So ordered by Judge Tena Campbell on 4/27/21 (docket text only - no attached document) (alt)
April 27, 2021 Opinion or Order Filing 25 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. So ordered by Judge Tena Campbell on 4/27/21 (docket text only - no attached document) (alt)
April 23, 2021 Filing 24 MOTION for Admission Pro Hac Vice of Stephanie Imbornone , Registration fee $ 250, receipt number AUTDC-3988037,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 Century 21 Real Estate. (Attachments: #1 Text of Proposed Order)(Nickel, Mark)
April 23, 2021 Filing 23 MOTION for Admission Pro Hac Vice of Ronald A. Giller , Registration fee $ 250, receipt number AUTDC-3988031,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 Century 21 Real Estate. (Attachments: #1 Text of Proposed Order)(Nickel, Mark)
April 23, 2021 Filing 22 NOTICE OF ZOOM HEARING ON MOTION re: #15 Redacted MOTION to Dismiss : (Notice generated by Chris Ford) Motion Hearing set for 6/14/2021 at 10:30 AM in Judges Chambers before Judge Tena Campbell. (cff)
April 22, 2021 Filing 21 REPLY to Response to Motion re #15 Redacted MOTION to Dismiss filed by Defendant Century 21 Real Estate. (Nickel, Mark)
April 8, 2021 Filing 20 MEMORANDUM in Opposition re #15 Redacted MOTION to Dismiss (Amended Motion to Dismiss) filed by Plaintiff Everest Realty Group. (Christiansen, Erik)
April 2, 2021 Opinion or Order Filing 19 ORDER granting #16 Motion for Leave to File #17 and #18 Sealed Documents. Signed by Judge Tena Campbell on 4/2/21 (alt)
March 24, 2021 Filing 18 **SEALED DOCUMENT** re #15 Redacted MOTION to Dismiss and Memorandum in Support filed by Defendant Century 21 Real EstateNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Supplement Mailing Certificate)(Nickel, Mark)
March 24, 2021 Filing 17 **SEALED DOCUMENT** SEALED EXHIBIT 1 to #2 Notice of Removal, #14 Amended Notice of Removal, filed by Defendant Century 21 Real EstateNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Supplement Mailing Certificate)(Nickel, Mark) Modified on 4/2/2021: added descriptive text to entry (alt)
March 24, 2021 Filing 16 MOTION for Leave to File Sealed Document re #15 Redacted MOTION to Dismiss and Memorandum in Support , #14 Amended Notice of Removal, filed by Defendant Century 21 Real Estate. (Nickel, Mark)
March 23, 2021 Filing 15 Redacted MOTION to Dismiss and Memorandum in Support filed by Defendant Century 21 Real Estate. (Attachments: #1 Affidavit Declaration of Mark A. Nickel, #2 Exhibit A REDACTED)(Nickel, Mark)
March 23, 2021 Filing 14 AMENDED NOTICE OF REMOVAL from 3rd District Court for Salt Lake County, case number 210900857, against Everest Realty Group. filed by Century 21 Real Estate. (Attachments: #1 Exhibit Exhibit 1 REDACTED, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Nickel, Mark)
March 22, 2021 Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re #10 Order to Show Cause filed by Century 21 Real Estate. (Attachments: #1 Affidavit Declaration of Citizenship)(Nickel, Mark)
March 18, 2021 Filing 12 NOTICE OF DEFICIENCY re #7 Sealed Document, #4 Sealed Document. The documents were filed using the "Sealed Document" filing event - however, filer did not comply with DUCivR 5-3(b) by filing a redacted version, a motion for leave to file under seal, and then the sealed - unredacted - version of the document. The clerk requests the filer of the original document review the Local Rule, follow the step by step instructions for filing under seal available on the court's webpage, and then file the documents, beginning with the redacted versions of the document. The corrected filings will receive new document numbers on the docket. After redacted versions of the filings are in-place, then any documents that were filed without redactions can be sealed. (alt)
March 17, 2021 Filing 11 MOTION for Leave to File Sealed Document re #7 Sealed Document, #4 Sealed Document, filed by Defendant Century 21 Real Estate. (Attachments: #1 Exhibit Attachment A)(Nickel, Mark)
March 17, 2021 Opinion or Order Filing 10 ORDER TO SHOW CAUSE: Defendant is to show cause why the court should not remand this case for lack of subject matter jurisdiction by no later than 4/14/21. Signed by Judge Tena Campbell on 3/17/21 (alt)
March 12, 2021 Filing 9 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Century 21 Real Estate. (Nickel, Mark)
March 12, 2021 Filing 8 ERRATA to #2 Notice of Removal filed by Defendant Century 21 Real Estate Civil Cover Sheet. (Nickel, Mark)
March 11, 2021 Filing 7 REFILED AS #18 SEALED DOCUMENT - **SEALED DOCUMENT** re #6 Declaration filed by Defendant Century 21 Real EstateNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A)(Nickel, Mark) Modified on 4/2/2021: added re-filing info (alt)
March 11, 2021 Filing 6 DECLARATION of Mark A. Nickel re #15 MOTION to Dismiss filed by Century 21 Real Estate. (Attachments: #1 Exhibit A)(Nickel, Mark) Modified on 4/2/2021: re-linked to corrected motion entry (alt)
March 11, 2021 Filing 5 REFILED AS #15 MOTION - MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Century 21 Real Estate. (Nickel, Mark) Modified on 4/2/2021: added re-filing info (alt)
March 11, 2021 Filing 4 CORRECTLY RE-FILED AS #17 SEALED DOCUMENT - **SEALED DOCUMENT** re #2 Notice of Removal filed by Defendant Century 21 Real EstateNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Exhibits 1 through 4)(Nickel, Mark) Modified on 4/2/2021: added re-filing info (alt)
March 11, 2021 Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendant Century 21 Real Estate, Plaintiff Everest Realty Group. (mh)
March 11, 2021 Filing 2 NOTICE OF REMOVAL from Salt Lake County, case number 210900857, (Filing fee $ 402, receipt number AUTDC-3949771) filed by Century 21 Real Estate. (Attachments: #1 Exhibit Exhibits 1 through 4) Assigned to Judge Tena Campbell (Nickel, Mark)
March 11, 2021 Filing 1 Case has been indexed and assigned to Judge Tena Campbell. Defendant Century 21 Real Estate 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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Defendant: Century 21 Real Estate
Represented By: Mark A. Nickel
Represented By: Stephanie Imbornone
Represented By: Ronald A. Giller
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Plaintiff: Everest Realty Group
Represented By: Brandon J. Mark
Represented By: Erik A. Christiansen
Represented By: Carley Leann Herrick
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