Labertew v. Winred
Plaintiff: Michael L. Labertew
Defendant: Winred
Case Number: 2:2021cv00555
Filed: September 23, 2021
Court: US District Court for the District of Utah
Presiding Judge: Tena Campbell
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2021 Opinion or Order Filing 29 ORDER granting #28 Motion for Extension of Time. Signed by Judge Tena Campbell on 11/3/21 (alt)
November 3, 2021 Opinion or Order Filing 28 Stipulated MOTION for Extension of Time Opposition to Motion to Dismiss and Memorandum in Support filed by Plaintiff Michael L. Labertew. (Attachments: #1 Text of Proposed Order Granting Extension of Time)(Waddoups, Trent)
November 1, 2021 Opinion or Order Filing 27 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, Defendant's MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Winred. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harrington, Robert)
October 14, 2021 Opinion or Order Filing 26 NOTICE VACATING MISCELLANEOUS/PRELIMINARY INJUNCTION HEARING set for 10/22/2021 at 10:30 a.m. before Judge Tena Campbell. (Notice generated by Chris Ford) (cff)
October 13, 2021 Opinion or Order Filing 25 ORDER granting #24 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for Winred - answer due 11/1/2021. Signed by Judge Tena Campbell on 10/13/21 (alt)
October 13, 2021 Opinion or Order Filing 24 Stipulated MOTION for Extension of Time to File Answer re #2 Complaint, and Memorandum in Support filed by Plaintiff Michael L. Labertew. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Extend Time for Response to Complaint)(Waddoups, Trent)
October 13, 2021 Opinion or Order Filing 23 STIPULATION re #21 Temporary Restraining Order and in Lieu of Preliminary Injunctions by Michael L. Labertew. (Waddoups, Trent)
October 8, 2021 Opinion or Order Filing 22 Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 10/8/2021 re #18 Defendant's MOTION to Dissolve the Temporary Restraining Order Dated September 24, 2021 (Dkt. No. 5) re #5 Temporary Restraining Order, Terminate Motions, Set Hearings, and Memorandum in Support filed by Winred. All parties appear via ZOOM due to continued concerns with COVID-19. The court hears argument. For the reasons stated during the hearing, the court dissolves the Temporary Restraining Order entered 9/24/2021. However, the court will file a new TRO immediately with a separate order. The court will conduct (VIA ZOOM) a preliminary injunction/miscellaneous evidentiary hearing on 10/22/2021 at 10:30 AM before Judge Tena Campbell. The court will set a briefing schedule also in a separate order with instructions on the presentation and examination of witnesses. Join ZoomGov Meeting https://www.zoomgov.com/j/1602935347?pwd=S2psV3ROSzEva3JjcXJwUnQwSXBjQT09 Meeting ID: 160 293 5347 Passcode: 163836 One tap mobile +16692545252,,1602935347# US (San Jose) +16692161590,,1602935347# US (San Jose) Dial by your location +1 669 254 5252 US (San Jose) +1 669 216 1590 US (San Jose) +1 646 828 7666 US (New York) +1 551 285 1373 US Meeting ID: 160 293 5347 Find your local number: https://www.zoomgov.com/u/aPaj4D3Vp Join by SIP 1602935347@sip.zoomgov.com Join by H.323 161.199.138.10 (US West) 161.199.136.10 (US East) Meeting ID: 160 293 5347 Passcode: 163836 Attorney for Plaintiff: Trent J. Waddoups. Attorneys for Defendant: Ryan B. Bell and Dallin B. Holt. Court Reporter: Teena Green.(cff)
October 8, 2021 Opinion or Order Filing 21 TEMPORARY RESTRAINING ORDER. Signed by Judge Tena Campbell on 10/8/21. (jwt)
October 8, 2021 Opinion or Order Filing 20 ORDER granting #18 Motion to Dissolve Temporary Restraining Order. Signed by Judge Tena Campbell on 10/8/21. (jwt)
October 7, 2021 Opinion or Order Filing 19 Plaintiff's MEMORANDUM in Opposition re 13 MOTION to Withdraw/Dissolve #5 Temporary Restraining Order,, 14 MOTION for Preliminary Injunction, #18 Defendant's MOTION to Dissolve the Temporary Restraining Order Dated September 24, 2021 (Dkt. No. 5) re #5 Temporary Restraining Order,, Terminate Motions,, Set Hearings, and Memorandum in Support filed by Plaintiff Michael L. Labertew. (Attachments: #1 Exhibit 1 WinRed v. Ellison Complaint, #2 Exhibit 2 Griner v. King Declaration, #3 Exhibit 3 Declaration of Michael L Labertew)(Waddoups, Trent)
October 5, 2021 Opinion or Order Filing 18 Defendant's MOTION to Dissolve the Temporary Restraining Order Dated September 24, 2021 (Dkt. No. 5) re #5 Temporary Restraining Order,, Terminate Motions,, Set Hearings, and Memorandum in Support filed by Defendant Winred. (Attachments: #1 Exhibit A - Declaration of Gerrit Lansing on Behalf of Winred, Inc., #2 Exhibit B - 10.03.2021 Letter to Trent J. Waddoups)(Bell, Ryan)
October 4, 2021 Opinion or Order Filing 16 NOTICE OF ZOOM HEARING ON MOTION re: 13 MOTION to Withdraw/Dissolve #5 Temporary Restraining Order and 14 MOTION for Preliminary Injunction : (Notice generated by Chris Ford) Motion Hearing set for 10/8/2021 at 01:00 PM (MDT) in Judges Chambers before Judge Tena Campbell. Join ZoomGov Meeting https://www.zoomgov.com/j/1614085447?pwd=aUF2ZnhqeXltZkZKVFJ3Lzl4alBrUT09 Meeting ID: 161 408 5447 Passcode: 382653 One tap mobile +16692545252,,1614085447# US (San Jose) +16692161590,,1614085447# US (San Jose) Dial by your location +1 669 254 5252 US (San Jose) +1 669 216 1590 US (San Jose) +1 646 828 7666 US (New York) +1 551 285 1373 US Meeting ID: 161 408 5447 Find your local number: https://www.zoomgov.com/u/acj0EEaKSQ Join by SIP 1614085447@sip.zoomgov.com Join by H.323 161.199.138.10 (US West) 161.199.136.10 (US East) Meeting ID: 161 408 5447 Passcode: 382653 (cff)
October 1, 2021 Opinion or Order Filing 17 Minute Entry for proceedings held before Judge Tena Campbell: Status Conference/Miscellanous hearing held on 10/1/2021. All parties appear via ZOOM due to continued concerns with COVID-19. The defendant informally moves the court to dissolve the TRO. Plaintiff informally moves for entry of a preliminary injunction. The court sets a briefing schedule which is set out in a separate order. The court will hear both motions on Friday, 10/8/2021, at 1:00 p.m. (MDT) via ZOOM. A separate notice and ZOOM link will be provided to the parties. Attorney for Plaintiff: Trent J. Waddoups. Attorneys for Defendant: Dallin Holt and Ryan Bell. Court Reporter: Kelly Hicken.(cff)
October 1, 2021 Opinion or Order Filing 15 ORDER Setting Briefing and Hearing on Oral Motions 13 MOTION to Withdraw/Dissolve #5 Temporary Restraining Order, 14 MOTION for Preliminary Injunction: Motion Hearing set for 10/8/2021 at 01:00 PM via Zoom before Judge Tena Campbell. Signed by Judge Tena Campbell on 10/1/21 (alt)
October 1, 2021 Opinion or Order Filing 14 **ORAL** MOTION for Preliminary Injunction requested by Plaintiff Michael L. Labertew during 10/1/21 Status Conference (alt)
October 1, 2021 Opinion or Order Filing 13 **ORAL** MOTION to Withdraw/Dissolve #5 Temporary Restraining Order, requested by Defendant Winred during 10/1/21 Status Conference (alt)
October 1, 2021 Opinion or Order Filing 12 ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Dallin B. Holt for Winred.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 Tena Campbell on 10/1/21 (alt)
September 30, 2021 Opinion or Order Filing 11 MOTION for Admission Pro Hac Vice of Dallin B. Holt , Registration fee $ 250, receipt number AUTDC-4127316,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 Winred. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Text of Proposed Order Granting Pro Hac Vice Admission of Dallin B. Holt)(Bell, Ryan)
September 29, 2021 Opinion or Order Filing 10 NOTICE of Appearance by Robert P. Harrington on behalf of Winred (Harrington, Robert)
September 29, 2021 Opinion or Order Filing 9 NOTICE of Appearance by Ryan B. Bell on behalf of Winred (Bell, Ryan)
September 29, 2021 Opinion or Order Filing 8 CERTIFICATE OF SERVICE by Michael L. Labertew re 7 Status Conference,,,,,, #5 Temporary Restraining Order,, Terminate Motions,, Set Hearings, #4 Summons Issued Electronically, #2 Complaint, #3 Plaintiff's MOTION for Temporary Restraining Order, 6 Notice of Hearing,,,, (Attachments: #1 Exhibit A - Affidavit of Service)(Waddoups, Trent)
September 24, 2021 Opinion or Order Filing 7 Minute Entry for proceedings held before Judge Tena Campbell: Status Conference held via ZOOM on 9/24/2021. Plaintiff's attorney appears via ZOOM due to continued concerns with COVID-19. The court hears from counsel as to the ex parte motion for temporary restraining order filed today with the court. After hearing from counsel and having carefully reviewed the motion and certification of counsel, verification and the verified complaint, the court GRANTS the motion. The court sets a further ZOOM status conference for 10/1/2021 at 11:00 a.m. (MDT). All parties must appear. Counsel for plaintiff is directed to provide to counsel for defendant Winred, Inc., a copy of the temporary restraining order and the notice of hearing.Join ZoomGov Meetinghttps://www.zoomgov.com/j/1601503917?pwd=UHhFdUtRWkpaNDNiQXpBcFBLN290UT09Meeting ID: 160 150 3917 Passcode: 595279 One tap mobile +16692545252,,1601503917# US (San Jose) +16692161590,,1601503917# US (San Jose) Dial by your location+1 669 254 5252 US (San Jose) +1 669 216 1590 US (San Jose) +1 646 828 7666 US (New York) +1 551 285 1373 US Meeting ID: 160 150 3917 Find your local number: https://www.zoomgov.com/u/aeGmp0p4nLJoin by SIP 1601503917@sip.zoomgov.com Join by H.323 161.199.138.10 (US West) 161.199.136.10 (US East) Meeting ID: 160 150 3917(br>Passcode: 595279Attorney for Plaintiff Trent J. Waddoups. Court Reporter: Kelly Hicken. (cff)
September 24, 2021 Opinion or Order Filing 6 NOTICE OF ZOOM HEARING: (Notice generated by Chris Ford) Status Conference set for 10/1/2021 at 11:00 AM (MDT) in Judges Chambers before Judge Tena Campbell. NOTICE OF THIS HEARING AND ZOOM LINK WILL BE PROVIDED TO ATTORNEYS FOR THE DEFENDANT UPON THEIR FILING AN APPEARANCE OF COUNSEL.Join ZoomGov Meetinghttps://www.zoomgov.com/j/1601503917?pwd=UHhFdUtRWkpaNDNiQXpBcFBLN290UT09Meeting ID: 160 150 3917Passcode: 595279One tap mobile+16692545252,,1601503917# US (San Jose)+16692161590,,1601503917# US (San Jose)Dial by your location +1 669 254 5252 US (San Jose) +1 669 216 1590 US (San Jose) +1 646 828 7666 US (New York) +1 551 285 1373 USMeeting ID: 160 150 3917Find your local number: https://www.zoomgov.com/u/aeGmp0p4nLJoin by SIP1601503917@sip.zoomgov.comJoin by H.323161.199.138.10 (US West)161.199.136.10 (US East)Meeting ID: 160 150 3917(br>Passcode: 595279 (cff)
September 24, 2021 Opinion or Order Filing 5 TEMPORARY RESTRAINING ORDER granting #3 Plaintiff's MOTION for Temporary Restraining Order. Hearing set for 10/1/2021 at 11:00 AM via Zoom.gov before Judge Tena Campbell to address the matter with all parties. Signed by Judge Tena Campbell on 9/24/21 (alt)
September 24, 2021 Opinion or Order Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Winred. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
September 24, 2021 Opinion or Order Filing 3 Plaintiff's MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Michael L. Labertew. (Attachments: #1 Exhibit A to Plaintiffs' Motion for TRO, #2 Text of Proposed Order Granting Plaintiffs' Motion for TRO)(Waddoups, Trent)
September 23, 2021 Opinion or Order Filing 2 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4120684) filed by Michael L. Labertew. (Attachments: #1 Exhibit A - Demand Letter, #2 Exhibit B - Demand Letter, #3 Exhibit C - WinRed Response, #4 Civil Cover Sheet to Initiate Civil Action) Assigned to Judge Tena Campbell (Waddoups, Trent)
September 23, 2021 Opinion or Order Filing 1 Case has been indexed and assigned to Judge Tena Campbell. Plaintiff Michael L. Labertew 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 utdecf_clerk@utd.uscourts.gov for issuance. (mh)

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Plaintiff: Michael L. Labertew
Represented By: Trent J. Waddoups
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Defendant: Winred
Represented By: Dallin B. Holt
Represented By: Ryan B. Bell
Represented By: Robert P. Harrington
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