Fitzhenry v. Vivint Inc et al
Plaintiff: Mark Fitzhenry
Defendant: Vivint Inc, DSI Distributing Inc doing business as DSI Systems, John Doe Corporation and RS&I, Inc.
Case Number: 2:2021cv00501
Filed: August 23, 2021
Court: US District Court for the District of Utah
Presiding Judge: Jared C Bennett
Nature of Suit: Telephone Consumer Protection Act (TCPA)
Cause of Action: 47 U.S.C. § 227
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2021 Opinion or Order Filing 37 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Jenny Nicole Perkins, for Defendant Vivint Inc. (nl)
August 23, 2021 Opinion or Order Filing 36 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Carmen Harper Thomas and Chadwick S. Devlin, for Defendant Vivint Inc. (nl)
August 23, 2021 Opinion or Order Filing 35 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney David Andrew Maxfield, for Plaintiff Mark Fitzhenry. (nl)
August 23, 2021 Opinion or Order Filing 34 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Anthony Ilo Paronich, for Plaintiff Mark Fitzhenry. (nl)
August 23, 2021 Opinion or Order Filing 33 Case transferred in from USDC of South Carolina; Case Number 2:21-cv-00789. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number 2:21-cv-00501-JCB, Assigned to Magistrate Judge Jared C. Bennett.
August 20, 2021 Opinion or Order Filing 32 ORDER granting #23 Motion to transfer. Case is transferred to the District of Utah. Signed by Honorable David C Norton on 8/20/2021.(cmur, ) [Transferred from South Carolina on 8/23/2021.]
August 19, 2021 Opinion or Order Filing 31 Minute Entry. Proceedings held before Honorable David C Norton: Motion/Telephone Hearing held on 8/19/2021 re #24 MOTION to Stay the Proceeding filed by Vivint Inc, #23 MOTION to Dismiss the First Amended Complaint, or in the Alternative, to Stay or Transfer this Case filed by Vivint Inc. All parties represented on the call. The Court will issue an order. Court Reporter Lisa Smith. (cmur, ) [Transferred from South Carolina on 8/23/2021.]
July 28, 2021 Opinion or Order Filing 30 REPLY to Response to Motion re #23 MOTION to Dismiss the First Amended Complaint, or in the Alternative, to Stay or Transfer this Case Response filed by Vivint Inc. (Attachments: #1 Exhibit Perrong docket, #2 Exhibit Declaration of Melanie Vartabedian)(Thomas, Carmen) [Transferred from South Carolina on 8/23/2021.]
July 21, 2021 Opinion or Order Filing 29 Additional Attachments to Main Document #18 Amended Complaint. First attachment description: Summons, RS&I, Inc. . (Maxfield, David) [Transferred from South Carolina on 8/23/2021.]
July 21, 2021 Opinion or Order Filing 28 RESPONSE in Opposition re #24 MOTION to Stay the Proceeding Response filed by Mark Fitzhenry.Reply to Response to Motion due by 7/28/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Maxfield, David) [Transferred from South Carolina on 8/23/2021.]
July 21, 2021 Opinion or Order Filing 27 RESPONSE in Opposition re #23 MOTION to Dismiss the First Amended Complaint, or in the Alternative, to Stay or Transfer this Case Response filed by Mark Fitzhenry.Reply to Response to Motion due by 7/28/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1. Vivints Supplemental Response to Interrogatory No. 2, #2 Exhibit 2. Declaration of Anthony Paronich, #3 Exhibit 3. DOJ Chart of National Telecommunications Call Detail Retention Policies)(Maxfield, David) [Transferred from South Carolina on 8/23/2021.]
July 16, 2021 Opinion or Order Filing 26 NOTICE of Hearing: Telephone Conference re: #23 Motion to Dismiss and #24 Motion to Stay set for 8/19/2021 11:00 AM before Honorable David C Norton. Call-in instructions will be distributed at a later date. (hcor, ) [Transferred from South Carolina on 8/23/2021.]
July 7, 2021 Opinion or Order Filing 24 MOTION to Stay the Proceeding by Vivint Inc. Response to Motion due by 7/21/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Devlin, Chadwick) [Transferred from South Carolina on 8/23/2021.]
July 7, 2021 Opinion or Order Filing 23 MOTION to Dismiss the First Amended Complaint, or in the Alternative, to Stay or Transfer this Case by Vivint Inc. Response to Motion due by 7/21/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 -- Redline Comparison of Original Complaint and First Amended Complaint, #2 Exhibit 2 -- Perrong Docket Report, #3 Exhibit 3 -- Perrong Second Amended Complaint, #4 Exhibit 4 -- Perrong Fourth Amended Scheduling Order, #5 Exhibit 5 -- Perrong - Cunningham Deposition Transcript Excerpt)No proposed order.(Devlin, Chadwick) [Transferred from South Carolina on 8/23/2021.]
July 1, 2021 Opinion or Order Filing 22 ORDER granting #21 Motion by Jenny N. Perkins to Appear Pro Hac Vice. Signed by Honorable David C Norton on 7/1/2021.(jbry, ) [Transferred from South Carolina on 8/23/2021.]
June 30, 2021 Opinion or Order Filing 21 MOTION to Appear Pro Hac Vice by Jenny N. Perkins ( Filing fee $ 350 receipt number 0420-9934206) by Vivint Inc. Response to Motion due by 7/14/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A-Application and Affidavit, #2 Exhibit B-Proposed Order for Pro Hac Vice Admission)Proposed order is being emailed to chambers with copy to opposing counsel.(Devlin, Chadwick) [Transferred from South Carolina on 8/23/2021.]
June 28, 2021 Opinion or Order Filing 20 ORDER granting #19 Motion by Anthony I. Paronich to Appear Pro Hac Vice. Signed by Honorable David C Norton on 6/28/2021.(jbry, ) [Transferred from South Carolina on 8/23/2021.]
June 25, 2021 Opinion or Order Filing 19 MOTION to Appear Pro Hac Vice by Anthony I. Paronich ( Filing fee $ 350 receipt number 0420-9926278) by Mark Fitzhenry. Response to Motion due by 7/9/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Anthony Ilo Paronich, #2 Exhibit Certificate of Good Standing, Paronich, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Maxfield, David) [Transferred from South Carolina on 8/23/2021.]
June 24, 2021 Opinion or Order Filing 18 AMENDED COMPLAINT against John Doe Corporation, Vivint Inc, RS&I, Inc., filed by Mark Fitzhenry. Service due by 9/22/2021 (Maxfield, David) Modified on 7/23/2021 to reference Additional Attachments #29 (rshu, ). [Transferred from South Carolina on 8/23/2021.]
June 23, 2021 Opinion or Order Filing 17 ORDER granting #16 Motion by Melanie J. Vartabedian to Appear Pro Hac Vice. Signed by Honorable David C Norton on 6/23/2021.(jbry, ) [Transferred from South Carolina on 8/23/2021.]
June 22, 2021 Opinion or Order Filing 16 MOTION to Appear Pro Hac Vice by Melanie J. Vartabedian ( Filing fee $ 350 receipt number 0420-9918869) by Vivint Inc. Response to Motion due by 7/6/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission-Vartabedian)Proposed order is being emailed to chambers with copy to opposing counsel.(Devlin, Chadwick) [Transferred from South Carolina on 8/23/2021.]
June 11, 2021 Opinion or Order Filing 15 MOTION to Stay by Vivint Inc. Response to Motion due by 6/25/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Thomas, Carmen) [Transferred from South Carolina on 8/23/2021.]
June 11, 2021 Opinion or Order Filing 14 MOTION to Dismiss Or In The Alternative, To Stay Or Transfer This Case by Vivint Inc. Response to Motion due by 6/25/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1-Perrong Docket Report, #2 Exhibit 2-Perrong Second Amended Complaint, #3 Exhibit 3-Perrong Third Amended Scheduling Order)No proposed order.(Thomas, Carmen) [Transferred from South Carolina on 8/23/2021.]
May 13, 2021 Opinion or Order Filing 11 NOTICE of Voluntary Dismissal by Mark Fitzhenry as to DSI Distributing, Inc., Without Prejudice (Maxfield, David) [Transferred from South Carolina on 8/23/2021.]
May 12, 2021 Opinion or Order Filing 9 ORDER granting #8 Motion for Extension of Time. Defendant Vivint, Inc. shall have until June 11, 2021 to answer or otherwise plead to plaintiff's complaint. Signed by Honorable David C Norton on 5/12/2021.(jbry, ) [Transferred from South Carolina on 8/23/2021.]
May 12, 2021 Opinion or Order Filing 8 Amended MOTION for Extension of Time to Respond to Complaint by Vivint Inc. Response to Motion due by 5/26/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Devlin, Chadwick) [Transferred from South Carolina on 8/23/2021.]
May 11, 2021 Opinion or Order Filing 7 MOTION for Extension of Time to Respond to Complaint by Vivint Inc. Response to Motion due by 5/25/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Devlin, Chadwick) [Transferred from South Carolina on 8/23/2021.]
March 23, 2021 Opinion or Order Filing 6 SUMMONS Returned Executed by Mark Fitzhenry. Vivint Inc served on 3/22/2021, answer due 4/12/2021. (Attachments: #1 Affidavit Vivint, Inc.)(Maxfield, David) [Transferred from South Carolina on 8/23/2021.]
March 22, 2021 Opinion or Order Filing 5 SUMMONS Returned Executed by Mark Fitzhenry. DSI Distributing Inc served on 3/22/2021, answer due 4/12/2021. (Attachments: #1 Affidavit DSI)(Maxfield, David) [Transferred from South Carolina on 8/23/2021.]
March 19, 2021 Opinion or Order Filing 3 Summons Issued as to DSI Distributing Inc, Vivint Inc. (jbry, ) [Transferred from South Carolina on 8/23/2021.]
March 19, 2021 Opinion or Order Filing 2 Local Rule 26.01 Answers to Interrogatories by Mark Fitzhenry.(jbry, ) [Transferred from South Carolina on 8/23/2021.]
March 19, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0420-9719578.), filed by Mark Fitzhenry. Service due by 6/17/2021(jbry, ) [Transferred from South Carolina on 8/23/2021.]

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Plaintiff: Mark Fitzhenry
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Defendant: Vivint Inc
Represented By: Melanie J. Vartabedian
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Defendant: DSI Distributing Inc doing business as DSI Systems
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Defendant: John Doe Corporation
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Defendant: RS&I, Inc.
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