JLPR v. Utah Department of Agriculture and Food et al
| JLPR |
| Utah Department of Agriculture and Food, Utah Division of Purchasing and General Services, State of Utah, The, Scott Ericson, Kerry Gibson, Kelly Pehrson, Andrew Rigby, Cody James, Natalie Callahan, Mellissa Ure, Brandy Grace, Christopher W. Hughes, Mark Anderson, Zac Christensen, Stephanie Casta, Standard Wellness Utah and True North of Utah |
| 2:2021cv00436 |
| July 19, 2021 |
| U.S. District Court for the District of Utah |
| Daphne A Oberg |
| Ted Stewart |
| Civil Rights: Other |
| 48 U.S.C. § 1985 Conspiracy/Deprivation Civil Rights |
| Plaintiff |
Docket Report
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| Filing 69 MANDATE of USCA Tenth Circuit as to #63 Notice of Appeal filed by JLPR. According to the USCA Tenth Circuit the Order and Judgment of the USDC for the Dist of UT is: The judgment of the district court is affirmed. We deny as moot Appellee True North, LLC's motion to take judicial notice. Judgment included with mandate: Yes. (Attachments: #1 USCA Mandate Cover Letter)(mh) |
Filing 68
ORDER of USCA Tenth Circuit as to #63 Notice of Appeal filed by JLPR. Appellant's petition for rehearing is denied. The petition for rehearing en banc was transmitted to all of the judges of the court who are in regular active service. As no member of the panel and no judge in regular active service on the court requested that the court be polled, that petition is also denied. (mh)
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| Filing 67 Please be advised the Record is complete for purposes of appeal for USCA case number 22-4052 re #63 Notice of Appeal. (alf) |
| Filing 66 NOTICE of Filing of Transcript Order Form pursuant to Rule 10 of the federal Rules of Appellate Procedure by JLPR re #65 USCA Case Number, (Attachments: #1 Exhibit A - Transcript Form) (Kerr, Jason) |
| Filing 65 USCA Case Number Case Appealed to USCA 10th Circuit. Case Number 22-4052 for #63 Notice of Appeal filed by JLPR. A transcript order form or notice that no transcript is necessary per 10th Cir. R. 10.2. This form must be filed in both the district court and this court. See letter for additional information. (jwt) |
| Filing 64 Transmission of Preliminary Record to USCA re #63 Notice of Appeal. (Attachments: #1 Appendix). (jl) |
| Filing 63 NOTICE OF APPEAL as to #61 Memorandum Decision filed by JLPR. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number AUTDC-4363787. (Kerr, Jason) |
| Filing 62 JUDGMENT Case Closed. Magistrate Judge Daphne A. Oberg no longer assigned to case. Signed by Judge Ted Stewart on 5/16/2022. (reb) |
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Filing 61
MEMORANDUM AND DECISION ORDER Signed by Judge Ted Stewart on 5/16/2022. (reb) (reb).
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| Filing 60 REPLY to Response to Motion re #43 Defendant's MOTION to Dismiss Plaintiff's Amended Complaint filed by Defendants Mark Anderson, Stephanie Casta, Zac Christensen, Scott Ericson, Brandy Grace, Christopher W. Hughes, Cody James, Kelly Pehrson, State of Utah, The, Mellissa Ure, Utah Department of Agriculture and Food, Utah Division of Purchasing and General Services. (Kaiser, Kyle) |
| Filing 59 REPLY to Response to Motion re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Natalie Callahan, Kerry Gibson, Andrew Rigby. (Walsh, Vanessa) |
| Filing 58 Defendant's MEMORANDUM in Support re #34 Defendant's MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant Standard Wellness Utah. (Lambert, Reid) |
| Filing 57 NOTICE of Appearance by Peter J. Strand on behalf of Mark Anderson, Stephanie Casta, Zac Christensen, Scott Ericson, Brandy Grace, Christopher W. Hughes, Cody James, Kelly Pehrson, Mellissa Ure (Strand, Peter) |
| Filing 56 Plaintiff's MEMORANDUM in Opposition re #43 Defendant's MOTION to Dismiss Plaintiff's Amended Complaint filed by Plaintiff JLPR. (Kerr, Jason) |
| Filing 55 Plaintiff's MEMORANDUM in Opposition re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Gibson, Rigby, and Callahan filed by Plaintiff JLPR. (Kerr, Jason) |
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Filing 54
ORDER granting #53 Motion for Extension of Time to File Response/Reply. Plaintiff will have until March 31, 2022 to file its oppositions to the motions to dismiss filed by UDAF, UDP, State of Utah, Mark Anderson, Stephanie Castro, Zac Christensen, Ericson, Grace Hughes, Cody James, Kelly Pehrson Mellissa Ure, Kerry Gibson, Andrew Rigby, and Natalie Callahan.Defendants, Standard Wellness Utah, LLC, UDAF, UDP, State of Utah, Mark Anderson, Stephanie Castro, Zac Christensen, Scott Ericson, Grace Hughes, Cody James, Kelly Pehrson Mellissa Ure, Kerry Gibson, Andrew Rigby, and Natalie Callahan will have until April 28, 2022 to file any replies in support of their motions to dismiss. Signed by Judge Ted Stewart on 3/14/2022. (reb)
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| Filing 53 Stipulated MOTION for Extension of Time to File Response/Reply Briefing Schedule for Pending Motions to Dismiss filed by Plaintiff JLPR. (Attachments: #1 Text of Proposed Order Granting Motion to Extend) Motions referred to Daphne A. Oberg.(Snow, John) |
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Filing 52
ORDER granting #51 Motion for Extension of Time. SEE ORDER FOR DETAILS. Signed by Judge Ted Stewart on 2/23/2022. (reb)
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| Filing 51 Stipulated MOTION for Extension of Time file oppositions to the motions to dismiss filed by Plaintiff JLPR. (Attachments: #1 Text of Proposed Order Regarding Briefing Schedule for Pending Motions to Dismiss) Motions referred to Daphne A. Oberg.(Snow, John) |
| Filing 50 NOTICE of Appearance by Jason Neil Dupree on behalf of Natalie Callahan, Kerry Gibson, Andrew Rigby (Dupree, Jason) |
| Filing 49 NOTICE OF WITHDRAWAL OF COUNSEL of Brook McCarrick filed by Brook McCarrick on behalf of Natalie Callahan, Kerry Gibson, Andrew Rigby (McCarrick, Brook) |
| Filing 48 SUBSTITUTION OF COUNSEL Vanessa R. Walsh replacing Rachel G. Terry as counsel on behalf of Natalie Callahan, Kerry Gibson, Andrew Rigby. (Walsh, Vanessa) |
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Filing 47
DOCKET TEXT ORDER granting #46 Stipulated Motion Regarding Briefing Schedule for Pending Motion to Dismiss. Plaintiff will have until February 24, 2022 to file its oppositions to the motions to dismiss filed by UDAF, UDP, State of Utah, Mark Anderson, Stephanie Castro, Zac Christensen, Scott Ericson, Grace Hughes, Cody James, Kelly Pehrson, Mellissa Ure, Kerry Gibson, Andrew Rigby, and Natalie Callahan. Defendants, Standard Wellness Utah, LLC, UDAF, UDP, State of Utah, Mark Anderson, Stephanie Castro, Zac Christensen, Scott Ericson, Grace Hughes, Cody James, Kelly Pehrson, Mellissa Ure, Kerry Gibson, Andrew Rigby, and Natalie Callahan will have until March 24, 2022 to file any replies in support of their motions to dismiss. Signed by Magistrate Judge Daphne A. Oberg on 1/14/2022. No attached document. (eh)
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| Filing 46 Stipulated MOTION for Extension of Time to Amend , MOTION for Extension of Time Briefing Schedule for Pending Motions to Dismiss filed by Plaintiff JLPR. (Attachments: #1 Text of Proposed Order Order to Extend MTD Briefing) Motions referred to Daphne A. Oberg.(Kerr, Jason) |
| Filing 45 Plaintiff's MEMORANDUM in Opposition re #34 Defendant's MOTION to Dismiss Plaintiff's First Amended Complaint filed by Plaintiff JLPR. (Kerr, Jason) |
| Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Natalie Callahan, Kerry Gibson, Andrew Rigby. (Terry, Rachel) |
| Filing 43 Defendant's MOTION to Dismiss Plaintiff's Amended Complaint filed by Defendant State of Utah, The. (Attachments: #1 Exhibit 1)(Kaiser, Kyle) |
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Filing 42
DOCKET TEXT ORDER granting #41 State Defendants Stipulated Motion for Extension of Time to Answer or Otherwise Respond to Complaint. The deadline for State Defendants to respond to the Complaint is extended to December 17, 2021. Signed by Magistrate Judge Daphne A. Oberg on 12/13/2021. No attached document. (eh)
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| Filing 41 Stipulated MOTION for Extension of Time to File Answer re #7 Complaint, #2 Complaint and Memorandum in Support filed by Defendants Mark Anderson, Stephanie Casta, Scott Ericson, Brandy Grace, Christopher W. Hughes, Cody James, Kelly Pehrson, Mellissa Ure. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Kaiser, Kyle) |
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Filing 40
DOCKET TEXT ORDER granting #39 Stipulated Motion for Extension of Time for Defendants Gibson, Rigby, and Callahan to Answer or Otherwise Respond to Plaintiff's Complaint. The deadline for these defendants to respond to the Complaint is extended to December 17, 2021. Signed by Magistrate Judge Daphne A. Oberg on 12/10/2021. No attached document. (eh)
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| Filing 39 Stipulated MOTION for Extension of Time to File Response/Reply as to #7 Complaint and Memorandum in Support filed by Defendants Natalie Callahan, Kerry Gibson, Andrew Rigby. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Terry, Rachel) |
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Filing 38
DOCKET TEXT ORDER granting #37 Stipulated Motion to Extend Time to Respond to Motion to Dismiss. Plaintiff's deadline to respond to Standard Wellness' Motion to Dismiss is extended to January 7, 2022. Signed by Magistrate Judge Daphne A. Oberg on 12/8/2021. No attached document. (eh)
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| Filing 37 Stipulated MOTION for Extension of Time respond to motion to dismiss filed by Plaintiff JLPR. (Attachments: #1 Text of Proposed Order Order Granting Motion to Extend Time to Respond) Motions referred to Daphne A. Oberg.(Kerr, Jason) |
| Filing 36 NOTICE OF WITHDRAWAL OF COUNSEL of Diana Bradley filed by Diana Fay Bradley on behalf of Mark Anderson, Natalie Callahan, Stephanie Casta, Zac Christensen, Scott Ericson, Kerry Gibson, Brandy Grace, Christopher W. Hughes, Cody James, Kelly Pehrson, Andrew Rigby, State of Utah, The, Mellissa Ure, Utah Department of Agriculture and Food, Utah Division of Purchasing and General Services (Bradley, Diana) |
| Filing 35 MOTION to Dismiss and Joinder filed by Defendant True North of Utah. (Morris, Mark) |
| Filing 34 Defendant's MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant Standard Wellness Utah. (Lambert, Reid) |
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Filing 33
DOCKET TEXT ORDER granting #32 Unopposed Motion for Extension of Time. The deadline for Defendants Mark Anderson, Stephanie Castro, Zach Christensen, Scott Ericson, Brandy Grace, Christopher Hughes, Cody James, Kelly Pehrson, and Melissa Ure to answer or otherwise respond to the complaint is extended to December 13, 2021. Signed by Magistrate Judge Daphne A. Oberg on 11/2/2021. No attached document. (eh)
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| Filing 32 MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint filed by Defendants Mark Anderson, Stephanie Casta, Zac Christensen, Scott Ericson, Brandy Grace, Christopher W. Hughes, Cody James, Kelly Pehrson, Mellissa Ure. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Bradley, Diana) |
| Filing 31 NOTICE of Appearance by Rachel G. Terry on behalf of Natalie Callahan, Kerry Gibson, Andrew Rigby (Terry, Rachel) |
| Filing 30 NOTICE of Appearance by Brook McCarrick on behalf of Natalie Callahan, Kerry Gibson, Andrew Rigby (McCarrick, Brook) |
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Filing 29
DOCKET TEXT ORDER: The parties filed the #26 Attorney Planning Meeting Report and disagree on several deadlines. Defendants seek to have the deadlines begin after the last defendant files an answer, noting that all defendants intend to file motions to dismiss, and Plaintiff requests the deadlines begin now. Because Defendants intend to file motions to dismiss, the court will not yet enter a scheduling order. However, within fourteen (14) days of any defendant filing an answer or the court entering an order on any motion to dismiss, the parties are ordered to meet and confer and file a new proposed scheduling order. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 10/29/2021. (eh)
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| Filing 28 NOTICE of Appearance by Kyle J. Kaiser on behalf of Mark Anderson, Natalie Callahan, Stephanie Casta, Zac Christensen, Scott Ericson, Kerry Gibson, Brandy Grace, Christopher W. Hughes, Cody James, Kelly Pehrson, Andrew Rigby, Standard Wellness Utah, State of Utah, The, True North of Utah, Mellissa Ure, Utah Department of Agriculture and Food, Utah Division of Purchasing and General Services (Kaiser, Kyle) |
| Filing 27 NOTICE of Appearance by Diana Fay Bradley on behalf of Mark Anderson, Natalie Callahan, Stephanie Casta, Zac Christensen, Scott Ericson, Kerry Gibson, Brandy Grace, Christopher W. Hughes, Cody James, Kelly Pehrson, Andrew Rigby, Standard Wellness Utah, State of Utah, The, True North of Utah, Mellissa Ure, Utah Department of Agriculture and Food, Utah Division of Purchasing and General Services (Bradley, Diana) |
| Filing 26 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Order)(Snow, John) |
| Filing 25 REPLY to Response to Motion re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant True North of Utah. (Morris, Mark) |
| Filing 24 NOTICE of Appearance by John P. Snow on behalf of JLPR (Snow, John) |
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Filing 23
DOCKET TEXT ORDER granting #22 Plaintiff's Motion for Extension of Time to File Attorney Planning Meeting Report. The deadline to file the attorney planning meeting report and proposed schedule is extended to October 26, 2021. Signed by Magistrate Judge Daphne A. Oberg on 10/13/2021. No attached document. (eh)
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| Filing 22 Plaintiff's MOTION for Extension of Time to File Attorney Planning Meeting Report filed by Plaintiff JLPR. (Attachments: #1 Text of Proposed Order Proposed Order Granting Plaintiff's Motion for Extension to File Attorney Planning Meeting Report) Motions referred to Daphne A. Oberg.(Kerr, Jason) |
| Filing 21 Plaintiff's MEMORANDUM in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff JLPR. (Kerr, Jason) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff JLPR identifying No parent corporation as Corporate Parent. (Kerr, Jason) |
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Filing 19
ORDER granting #17 Motion for Admission Pro Hac Vice of Attorney Aaron H. Gould for Standard Wellness Utah.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Ted Stewart on 09/23/2021. (jl)
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Filing 18
ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Mitchell F. Ramirez for Standard Wellness Utah.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Ted Stewart on 09/23/2021. (jl)
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| Filing 17 MOTION for Admission Pro Hac Vice of Aaron H. Gould , Registration fee $ 250, receipt number BUTDC-4120617,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 Standard Wellness Utah. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order for Pro Hac Vice Admission of Aaron H. Gould)(Lambert, Reid) |
| Filing 16 MOTION for Admission Pro Hac Vice of Mitchell F. Ramirez , Registration fee $ 250, receipt number AUTDC-4120517,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 Standard Wellness Utah. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Order for Pro Hac Vice Admission of Mitchell F. Ramirez)(Lambert, Reid) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant True North of Utah. (Morris, Mark) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant True North of Utah. (Morris, Mark) |
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Filing 13
ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Leo J. Hurley, Jr for Standard Wellness Utah.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Ted Stewart on 09/09/2021. (jl)
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| Filing 12 MOTION for Admission Pro Hac Vice of Leo J. Hurley, Jr. , Registration fee $ 250, receipt number AUTDC-4105284,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 Standard Wellness Utah. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Order for Pro Hac Vice Admission of Leo J. Hurley, Jr.)(Lambert, Reid) |
| Filing 11 NOTICE of Appearance by Bradley W. Bowen on behalf of Standard Wellness Utah (Bowen, Bradley) |
| Filing 10 NOTICE of Appearance by Reid W. Lambert on behalf of Standard Wellness Utah (Lambert, Reid) |
| Filing 9 NOTICE of Withdrawal of Defendant True North, LLC's Motion to Dismiss by True North of Utah re #5 MOTION to Dismiss and Memorandum in Support (Morris, Mark) |
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Filing 8
DOCKET TEXT ORDER granting #6 Stipulated Motion to Extend Time to Respond to Motion to Dismiss. Plaintiff's deadline to respond to the motion to dismiss is extended to September 16, 2021. Signed by Magistrate Judge Daphne A. Oberg on 8/31/2021. No attached document. (eh)
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| Filing 7 COMPLAINT (FIRST) AND JURY DEMAND against All Defendants (Filing fee $ 402, receipt number AUTDC-4097775) filed by JLPR. Assigned to Judge Ted Stewart (Kerr, Jason) |
| Filing 6 Stipulated MOTION for Extension of Time respond to motion to dismiss filed by Plaintiff JLPR. (Attachments: #1 Text of Proposed Order Extending time to respond) Motions referred to Daphne A. Oberg.(Garff, Steven) |
| Filing 5 MOTION to Dismiss and Memorandum in Support filed by Defendant True North of Utah. Attorney Mark O. Morris added to party True North of Utah(pty:dft)(Morris, Mark) |
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Filing 4
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 7/21/21. (jwt)
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Ted Stewart on 7/20/2021. (tlc)
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| Filing 2 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 402, receipt number AUTDC-4060998) filed by JLPR. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Ted Stewart (Kerr, Jason) |
| Filing 1 Case has been indexed and assigned to Judge Ted Stewart. Plaintiff JLPR is directed to E-File the Complaint 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. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to [email protected] for issuance. (mh) |
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