McIntyre et al v. Smart Home Pros et al
| Tyler McIntyre and Laura Elizabeth McIntyre |
| Smart Home Pros, Vivint Solar, Vivint Smart Home, Vivint Inc, Jason Glispy and Derek Glispy |
| 2:2021cv00599 |
| October 12, 2021 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| Dustin B Pead |
| Civil Rights: Other |
| 42 U.S.C. § 2000 Job Discrimination (Sex) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 56 JUDGMENT in favor of Derek Glispy against Laura Elizabeth McIntyre, Tyler McIntyre Case Closed. Magistrate Judge Daphne A. Oberg no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 8/26/202. (jwt) |
Filing 55
DOCKET TEXT ORDER "The Tenth Circuit has explained that when all federal claims have been dismissed, the court may, and usually should, decline to exercise supplemental jurisdiction over any remaining state claims." Reyes v. N.A.R. Inc., 546 F. Supp 3d 1031, 1042 (D. Utah 2021) (cleaned up); see also 28 U.S.C 1367(c)(3). The court has granted #53 Stipulated Motion to Dismiss, dismissing Plaintiffs' claims against all but one of the Defendants -- including all of the Plaintiffs' federal claims. See Dkt. 54. The only remaining claims before the court are state law claims against Defendant Derek Glipsy. See Dkt 2 at 12-13. Given that the only ground alleged in the complaint for federal jurisdiction over the remaining state law claims is supplemental jurisdiction, the court will follow the Tenth Circuit's guidance and dismiss Plaintiffs' state law claims against Derek Glipsy without prejudice. SO ORDERED. Signed by Judge Howard C. Nielson, Jr on 8/25/2022. No attached document (jp)
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Filing 54
DOCKET TEXT ORDER granting #53 Motion to Dismiss as to Vivint Inc., Vivint Smart Home, Smart Home Pros, and Jason Glispy. Signed by Judge Howard C. Nielson, Jr on 8/25/2022. No attached document. (jwt)
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| Filing 53 Stipulated MOTION to Dismiss and Memorandum in Support filed by Defendants Jason Glispy, Smart Home Pros, Vivint Inc, Vivint Smart Home. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Dismiss)(Snow, Christopher) |
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Filing 52
DOCKET TEXT ORDER. The parties have informed the court that Plaintiffs have reached a settlement agreement with Defendants Smart Home Pros, Vivint, Inc., Vivint Smart Home, and Jason Glispy that will result in the dismissal of Plaintiffs' claims against these Defendants. In light of this settlement, the hearing currently scheduled for 5/18/2022 at 2:00 PM is VACATED. If the court determines that it is necessary, it will set a hearing on Defendant Derek Glispy's #27 Motion to Dismiss at a later date. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 5/13/2022. (dkc)
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| Filing 51 NOTICE OF HEARING ON MOTIONS re: #29 MOTION to Dismiss and Memorandum in Support , #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support : (Notice generated by HCN chambers) Motion Hearing set for 5/18/2022 at 02:00 PM in US District Court before Judge Howard C. Nielson,Jr. Hearing will be held via ZOOM. Link will be emailed to counsel. Members of the public or media who are interested in viewing this hearing may contact chambers at utdecf_nielson@utd.uscourts.gov (mlp) |
| Filing 50 REQUEST to Submit for Decision re #29 MOTION to Dismiss and Memorandum in Support , #30 Memorandum in Opposition to Motion, #49 Reply Memorandum/Reply to Response to Motion filed by Defendants Jason Glispy, Smart Home Pros, Vivint Inc, Vivint Smart Home. (Snow, Christopher) |
| Filing 49 Defendant's REPLY to Response to Motion re #29 MOTION to Dismiss and Memorandum in Support filed by Defendants Jason Glispy, Smart Home Pros, Vivint Inc, Vivint Smart Home. (Snow, Christopher) |
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Filing 48
DOCKET TEXT ORDER granting #47 Stipulated Motion for Extension of Time to File Reply re #29 MOTION to Dismiss and Memorandum in Support. The Vivint Defendants' reply is due by 4/1/2022. Signed by Magistrate Judge Daphne A. Oberg on 3/25/2022. No attached document. (med)
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| Filing 47 Stipulated MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss and Memorandum in Support and Memorandum in Support filed by Defendants Jason Glispy, Smart Home Pros, Vivint Inc, Vivint Smart Home. (Attachments: #1 Text of Proposed Order Granting Motion to Extend Defendants' Time to File Reply in Support of Motion to Dismiss) Motions referred to Daphne A. Oberg.(Snow, Christopher) |
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Filing 46
ORDER denying #40 Motion for Limited Discovery. Signed by Magistrate Judge Daphne A. Oberg on 3/18/2022. (jwt)
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Filing 45
DOCKET TEXT ORDER granting #44 Stipulated Motion for Extension of Time to File Reply re #29 MOTION to Dismiss and Memorandum in Support. The deadline for the Vivint Defendants to file a reply in support of their motion to dismiss is extended to March 25, 2022. Signed by Magistrate Judge Daphne A. Oberg on 3/11/2022. No attached document. (med)
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| Filing 44 Stipulated MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss and Memorandum in Support and Memorandum in Support filed by Defendants Jason Glispy, Smart Home Pros, Vivint Inc, Vivint Smart Home. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Extend Vivint Defendants' Time to File Reply in Support of Motion to Dismiss) Motions referred to Daphne A. Oberg.(Snow, Christopher) |
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Filing 43
DOCKET TEXT ORDER: Plaintiffs may file a reply in support of their Motion for Limited Discovery #40 no later than 3/15/2022. Signed by Magistrate Judge Daphne A. Oberg on 3/9/2022. No attached document.(med)
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| Filing 42 Defendant's MEMORANDUM in Opposition re #40 Plaintiff's MOTION for Discovery and Memorandum in Support Motion for Limited Discovery filed by Defendants Jason Glispy, Smart Home Pros, Vivint Inc, Vivint Smart Home. (Snow, Christopher) |
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Filing 41
DOCKET TEXT ORDER: Any response or opposition to Plaintiffs' Motion for Limited Discovery #40 must be filed by 3/8/2022. No reply is permitted unless ordered. Signed by Magistrate Judge Daphne A. Oberg on 3/2/2022. No attached document. (med)
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| Filing 40 Plaintiff's MOTION for Discovery and Memorandum in Support Motion for Limited Discovery filed by Plaintiffs Laura Elizabeth McIntyre, Tyler McIntyre. Motions referred to Daphne A. Oberg.(Gines, Katelin) |
| Filing 39 Plaintiff's MEMORANDUM in Opposition re #29 MOTION to Dismiss and Memorandum in Support filed by Plaintiffs Laura Elizabeth McIntyre, Tyler McIntyre. (Attachments: #1 Exhibit Exhibits 1-5)(Gines, Katelin) |
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Filing 38
ORDER granting #31 Plaintiff's Motion for Limited Discovery. Signed by Magistrate Judge Daphne A. Oberg on 2/7/22. (dla)
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Filing 37
DOCKET TEXT ORDER granting #36 Stipulated Motion to Extend Plaintiffs' Time to Respond to Vivint Defendants' Motion to Dismiss. The deadline to respond to the Vivint Defendants' Motion to Dismiss #29 is extended to March 1, 2022. Signed by Magistrate Judge Daphne A. Oberg on 2/2/2022. No attached document. (med)
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| Filing 36 Stipulated MOTION for Extension of Time Response to Motion to Dismiss and Memorandum in Support filed by Plaintiffs Laura Elizabeth McIntyre, Tyler McIntyre. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Gines, Katelin) |
| Filing 35 REPLY to Response to Motion re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Derek Glispy. (Burdsal, Nathan) |
| Filing 34 MEMORANDUM in Opposition re #31 Plaintiff's MOTION for Discovery and Memorandum in Support Motion for Limited Discovery filed by Defendants Jason Glispy, Smart Home Pros, Vivint Inc, Vivint Smart Home. (Snow, Christopher) |
| Filing 33 NOTICE OF WITHDRAWAL OF COUNSEL of Mark A Nickel, Tyler J. Moss filed by Mark A. Nickel on behalf of Vivint Solar (Nickel, Mark) |
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Filing 32
DOCKET TEXT ORDER SETTING BRIEFING SCHEDULE: Any response or opposition to #31 Plaintiff's Motion for Limited Discovery shall be filed by 1/27/2022. No reply is permitted unless ordered by the court. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 1/21/2022. (med)
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| Filing 31 Plaintiff's MOTION for Discovery and Memorandum in Support Motion for Limited Discovery filed by Plaintiffs Laura Elizabeth McIntyre, Tyler McIntyre. Motions referred to Daphne A. Oberg.(Sipherd, Brandon) |
| Filing 30 Plaintiff's MEMORANDUM in Opposition re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiffs Laura Elizabeth McIntyre, Tyler McIntyre. (Attachments: #1 Exhibit Affidavit of Tyler McIntyre)(Sipherd, Brandon) |
| Filing 29 MOTION to Dismiss and Memorandum in Support filed by Defendants Jason Glispy, Smart Home Pros, Vivint Inc, Vivint Smart Home. (Snow, Christopher) |
| Filing 28 NOTICE of Appearance by Christopher B. Snow on behalf of Jason Glispy, Smart Home Pros, Vivint Inc, Vivint Smart Home (Snow, Christopher) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Derek Glispy. Attorney Nathan E. Burdsal added to party Derek Glispy(pty:dft)(Burdsal, Nathan) |
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Filing 26
DOCKET TEXT ORDER granting #24 Stipulated Motion for Extension of Time to Respond to Complaint. Defendants Smart Home Pros, Inc., Vivint Smart Home, Inc., Vivint, Inc., and Jason Glispy shall have until January 14, 2022 to answer or otherwise respond to the complaint. Signed by Magistrate Judge Daphne A. Oberg on 12/22/2021. No attached document. (med)
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| Filing 25 REQUEST to Submit for Decision re #24 Stipulated MOTION for Extension of Time to File Response/Reply as to #2 Complaint, and Memorandum in Support filed by Defendants Jason Glispy, Smart Home Pros, Vivint Inc, Vivint Smart Home. (Lowe, Trenton) |
| Filing 24 Stipulated MOTION for Extension of Time to File Response/Reply as to #2 Complaint, and Memorandum in Support filed by Defendants Jason Glispy, Smart Home Pros, Vivint Inc, Vivint Smart Home. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Extend Defendants' Time to Respond to Complaint) Motions referred to Daphne A. Oberg. Attorney Trenton L. Lowe added to party Jason Glispy(pty:dft), Attorney Trenton L. Lowe added to party Smart Home Pros(pty:dft), Attorney Trenton L. Lowe added to party Vivint Inc(pty:dft), Attorney Trenton L. Lowe added to party Vivint Smart Home(pty:dft)(Lowe, Trenton) |
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Filing 23
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. No attached document. Signed by Judge Howard C. Nielson, Jr on 12/7/21. (dla)
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| Filing 22 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Tyler McIntyre, Laura Elizabeth McIntyre as to Derek Glispy served on 12/1/2021, answer due 12/22/2021. (Attachments: #1 Exhibit Return of Service)(Sipherd, Brandon) |
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Filing 21
DOCKET TEXT ORDER granting #20 Motion to Dismiss Party. Vivint Solar (a Delaware corporation ) terminated. SO ORDERED. Signed by Judge Howard C. Nielson, Jr on 12/3/21. No attached document. (dla)
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| Filing 20 Stipulated MOTION to Dismiss Party Vivint Solar, Inc. and Memorandum in Support filed by Plaintiffs Laura Elizabeth McIntyre, Tyler McIntyre. (Attachments: #1 Text of Proposed Order)(Sipherd, Brandon) |
| Filing 19 Case Reassigned to District Judge per docket text order 18. Case randomly assigned to Judge Howard C. Nielson, Jr. Magistrate Judge Dustin B. Pead no longer assigned to the case. (alf) |
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Filing 18
DOCKET TEXT ORDER FOR REASSIGNMENT. Because service has not been effected on all Defendants, consent to the jurisdiction of a magistrate judge by all parties is not immediately feasible. The court also notes a dispositive motion is pending #16 . Accordingly, this court ORDERS reassignment of this case to a District Court Judge through the random reassignment process. Signed by Magistrate Judge Dustin B. Pead on 11/23/2021.
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| Filing 17 NOTICE of Appearance by Mark A. Nickel on behalf of Vivint Solar (Nickel, Mark) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Vivint Solar. (Attachments: #1 Exhibit A) Attorney Tyler J. Moss added to party Vivint Solar(pty:dft)(Moss, Tyler) |
| Filing 15 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Tyler McIntyre, Laura Elizabeth McIntyre as to Vivint Solar served on 10/21/2021, answer due 11/12/2021. (Attachments: #1 Affidavit of Service Vivint Solar)(Gines, Katelin) |
| Filing 14 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Tyler McIntyre, Laura Elizabeth McIntyre as to Jason Glispy served on 10/25/2021, answer due 11/15/2021. (Attachments: #1 Affidavit of Service Jason Glispy)(Gines, Katelin) |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by Tyler McIntyre, Laura Elizabeth McIntyre as to Vivint Inc Waiver sent on 11/1/2021, answer due 1/3/2022. (Gines, Katelin) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Tyler McIntyre, Laura Elizabeth McIntyre as to Vivint Smart Home Waiver sent on 11/1/2021, answer due 1/3/2022. (Gines, Katelin) |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by Tyler McIntyre, Laura Elizabeth McIntyre as to Smart Home Pros Waiver sent on 11/1/2021, answer due 1/3/2022. (Gines, Katelin) |
| Filing 10 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Vivint Solar. 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. (nmt) |
| Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Vivint Smart Home. 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. (nmt) |
| Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Vivint Inc. 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. (nmt) |
| Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Smart Home Pros. 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. (nmt) |
| Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Jason Glispy. 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. (nmt) |
| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Derek Glispy. 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. (nmt) |
| Filing 4 ERRATA to #2 Complaint, filed by Plaintiffs Laura Elizabeth McIntyre, Tyler McIntyre . (Attachments: #1 Exhibit Exhibit A to Complaint, #2 Exhibit Exhibit B to Complaint, #3 Exhibit Exhibit C to Complaint, #4 Exhibit Exhibit D to Complaint)(Gines, Katelin) |
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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 twenty-one (21) days after any defendant has been served or any defendant has appeared, unless any party is appearing pro se. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 10/13/21. (alf)
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| Filing 2 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4136697) filed by Tyler McIntyre, Laura Elizabeth McIntyre. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (Gines, Katelin) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiffs Laura Elizabeth McIntyre, Tyler McIntyre is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 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. (nmt) |
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