Real Property Management SPV v. Ottinger
Plaintiff: Real Property Management SPV
Defendant: Mark Ottinger
Case Number: 2:2021cv00733
Filed: December 15, 2021
Court: US District Court for the District of Utah
Presiding Judge: Dale A Kimball
Referring Judge: Cecilia M Romero
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2022 Opinion or Order Filing 19 SCHEDULING ORDER: Amended Pleadings due by 5/12/2022. Joinder of Parties due by 5/12/2022. Expert Discovery due by 9/15/2022. Dispositive Motions due by 10/13/2022. 3-Day Bench Trial is set for 5/15/2023 at 08:30 AM in Rm 3.400 before Judge Dale A. Kimball. Signed by Magistrate Judge Cecilia M. Romero on 2/1/2022. (eat)
January 31, 2022 Filing 18 REPORT OF ATTORNEY PLANNING MEETING. (Butler, Elizabeth)
January 27, 2022 Filing 17 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Mark Ottinger. Attorney Brennan H. Moss added to party Mark Ottinger(pty:dft)(Moss, Brennan)
January 19, 2022 Opinion or Order Filing 16 ORDER granting #15 Stipulated Motion for Extension of Time to Respond to Plaintiff's #2 Complaint. Answer deadline updated for Defendant Mark Ottinger: answer or other response due by 1/27/2022. Signed by Magistrate Judge Cecilia M. Romero on 1/19/2022. (eat)
January 18, 2022 Filing 15 Stipulated MOTION for Extension of Time to File Answer re #2 Complaint,, filed by Plaintiff Real Property Management SPV. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Butler, Elizabeth)
December 30, 2021 Filing 14 NOTICE: The court received a bounce-back notification that a secondary email address of deb.schuna@faegrebd.com, for attorney Kerry L. Bundy as invalid. As a result, the court has removed the invalid secondary email address from CM/ECF. Going forward, the court will not send email notifications to deb.schuna@faegrebd.com. To learn how to update your secondary email address, please visit https://www.utd.uscourts.gov/update-your-address-court. (nl)
December 28, 2021 Filing 13 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Real Property Management SPV as to Mark Ottinger served on 12/20/2021, answer due 1/10/2022. (Butler, Elizabeth)
December 22, 2021 Opinion or Order Filing 12 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 Cecilia M. Romero on 12/22/2021. (eat)
December 20, 2021 Opinion or Order Filing 11 ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 12/20/2021. (eat)
December 20, 2021 Opinion or Order Filing 10 ORDER granting #7 Motion for Admission Pro Hac Vice of Attorney Andrew J. Ball for Real Property Management SPV.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 Utah's local rules from the court's web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 12/20/2021. (eat)
December 20, 2021 Opinion or Order Filing 9 ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney David C. Archer for Real Property Management SPV.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 Utah's local rules from the court's web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 12/20/2021. (eat)
December 20, 2021 Opinion or Order Filing 8 ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Kerry L. Bundy for Real Property Management SPV.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 Utah's local rules from the court's web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 12/20/2021. (eat)
December 20, 2021 Filing 7 MOTION for Admission Pro Hac Vice of Andrew J. Ball , Registration fee $ 250, receipt number AUTDC-4198560,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 Plaintiff Real Property Management SPV. (Attachments: #1 Exhibit 1 - Application for Pro Hac Vice Admission, #2 Text of Proposed Order 2 - Proposed Order)(Butler, Elizabeth)
December 20, 2021 Filing 6 MOTION for Admission Pro Hac Vice of David C. Archer , Registration fee $ 250, receipt number AUTDC-4198528,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 Plaintiff Real Property Management SPV. (Attachments: #1 Exhibit 1 - Application for Pro Hac Vice Admission, #2 Text of Proposed Order 2 - Proposed Order)(Butler, Elizabeth)
December 20, 2021 Filing 5 MOTION for Admission Pro Hac Vice of Kerry L. Bundy , Registration fee $ 250, receipt number AUTDC-4198507,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 Plaintiff Real Property Management SPV. (Attachments: #1 Exhibit 1 - Application for Pro Hac Vice Admission, #2 Exhibit 2 - Proposed Order)(Butler, Elizabeth)
December 16, 2021 Filing 4 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Kerry L, Bundy, David C. Archer, and Andrew J. Ball, for Plaintiff Real Property Management SPV. (nmt)
December 16, 2021 Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Mark Ottinger. 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)
December 15, 2021 Filing 2 COMPLAINT against Mark Ottinger (Filing fee $ 402, receipt number AUTDC-4195041) filed by Real Property Management SPV. (Attachments: #1 Civil Cover Sheet Cover, #2 Exhibit 1 - Part 1, pp. 1-25, 2014 Franchise Agreement, #3 Exhibit 1 - Part 2, pp. 26-55, 2014 Franchise Agreement, #4 Exhibit 2 - January 2020 Audit Findings, #5 Exhibit 3 - May 2020 Demand, #6 Exhibit 4 - October 2020 Notice of Default, #7 Exhibit 5 - February 2021 Final Termination, #8 Exhibit 6 - March 2021 Demand, #9 Exhibit 7 - April 2021 Demand, #10 Exhibit 8 - May 2021 Demand) Assigned to Judge Dale A. Kimball (Francis, Lewis)
December 15, 2021 Filing 1 Case has been indexed and assigned to Judge Dale A. Kimball. Plaintiff Real Property Management SPV 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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Plaintiff: Real Property Management SPV
Represented By: Lewis M. Francis
Represented By: Elizabeth Mary Butler
Represented By: Andrew J. Ball
Represented By: David C. Archer
Represented By: Kerry L. Bundy
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Defendant: Mark Ottinger
Represented By: Brennan H. Moss
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