Olivares v. C.R. England, Inc. et al

Justia Dockets & Filings Tenth Circuit Utah District Court Olivares v. C.R. England, Inc. et al

Olivares v. C.R. England, Inc. et al

Plaintiff:	Jose F. Olivares
Defendant:	C.R. England and Performance Contracting Group, Inc.
Case Number:	2:2022cv00123
Filed:	February 22, 2022
Court:	US District Court for the District of Utah
Office:	Central Office
Presiding Judge:	Jared C Bennett
Referring Judge:	Jill N Parrish
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on May 8, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 8, 2023	Filing 55 ORDER granting #53 Plaintiff's Motion to Dismiss Without Prejudice. Case Closed. Magistrate Judge Jared C. Bennett no longer assigned to case. Signed by Judge Jill N. Parrish on 5/8/23. (dle)
May 5, 2023	Filing 54 NOTICE of Non-Opposition to Plaintiff's Motion to Dismiss by C.R. England re #53 MOTION to Dismiss (Priest, Katherine)
April 24, 2023	Filing 53 MOTION for Dismissal Without Prejudice filed by Plaintiff Jose F. Olivares. Motions referred to Jared C. Bennett. (dle)
February 10, 2023	Filing 52 NOTICE of Appearance by Jessica Ramirez on behalf of C.R. England (Ramirez, Jessica)
January 31, 2023	Filing 51 ORDER granting #50 Motion to Modify Scheduling Order: Expert Discovery due by 7/31/2023. Dispositive or Potentially Dispositive Motions due by 9/30/2023. Signed by Magistrate Judge Jared C. Bennett on 1/31/23. (dle)
January 31, 2023	Filing 50 MOTION for Amended Scheduling Order filed by Defendant C.R. England. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Priest, Katherine)
October 14, 2022	Filing 49 OBJECTION to #48 Report and Recommendation filed by Jose F. Olivares. (dla) Modified by correcting filing date on 10/19/2022 (dla).
October 6, 2022	Filing 48 REPORT AND RECOMMENDATIONS: Magistrate Judge recommends that action against dft Performance Contracting Group, Inc. be dismissed without prejudice for failure to serve/failure to prosecute. Signed by Magistrate Judge Jared C. Bennett on 10/6/22 (alt)
August 30, 2022	Filing 47 RESPONSE TO #46 ORDER TO SHOW CAUSE filed by Jose F. Olivares. (alf)
August 24, 2022	Filing 46 ORDER TO SHOW CAUSE. Mr. Olivares shall file a response to this order to show cause on or before September 14, 2022, to inform the court of the status of this action against PCG and his intentions to proceed. Failure to do so may result in dismissal of this action against PCG. Signed by Magistrate Judge Jared C. Bennett on 8/24/22. (alf)
August 23, 2022	Filing 45 SCHEDULING ORDER: Amended Pleadings due by 10/31/2022. Joinder of Parties due by 10/31/2022. Discovery due by 4/30/2023. Motions due by 6/30/2023. Scheduling Conference set for 7/7/2023 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Jared C. Bennett on 08/23/2022. (mh)
August 23, 2022	Filing 44 ORDER granting #43 Motion for Scheduling Order. Any response to CRE's motion was due within fourteen days of the filing date of the motion. That fourteen-day period has expired, and no response to the motion has been filed. Therefore, and for the reasons set forth in CRE's motion, the court GRANTS the motion. Accordingly, the court will enter CRE's proposed scheduling order contemporaneously with this order. Signed by Magistrate Judge Jared C. Bennett on 08/23/2022. (mh)
August 1, 2022	Filing 43 MOTION for Scheduling Order filed by Defendant C.R. England. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Priest, Katherine)
August 1, 2022	Filing 42 ORDER ADOPTING IN FULL REPORT AND RECOMMENDATIONS #40 ; overruling objection #41 ; denying #31 and #32 Motions to transfer case back to Easter District of Michigan. Signed by Judge Jill N. Parrish on 7/29/22. (alf)
April 20, 2022	Filing 41 OBJECTION to #40 Report and Recommendations filed by Jose F. Olivares (alt)
April 12, 2022	Filing 40 REPORT AND RECOMMENDATION re #32 MOTION to Transfer by Federal Rules of Civil Procedure 12(b)(2) filed by Jose F. Olivares and #31 MOTION to transfer case back to USDC Eastern District of Michigan filed by Jose F. Olivares.The parties must file any objection to this Report and Recommendation within 14 days after being served with a copy of it. Signed by Magistrate Judge Jared C. Bennett on 4/12/22. (alf)
March 30, 2022	Filing 39 REPLY to Response to Motion re #31 MOTION to transfer case back to USDC Eastern District of Michigan filed by Plaintiff Jose F. Olivares. (alf)
March 24, 2022	Filing 38 MEMORANDUM in Opposition re #32 MOTION to Transfer by Federal Rules of Civil Procedure 12(b)(2), #31 MOTION to transfer case back to USDC Eastern District of Michigan. filed by Defendant C.R. England. (Attachments: #1 Exhibit Declaration of M. Fagen, #2 Exhibit Agreement)(Priest, Katherine)
March 4, 2022	Filing 37 ORDER granting #36 Motion for Extension of Time to File Response/Reply re #32 MOTION to Transfer by Federal Rules of Civil Procedure 12(b)(2), #31 MOTION to transfer case back to USDC Eastern District of Michigan. Response due by 3/24/2022. Signed by Magistrate Judge Jared C. Bennett on 3/4/22. (alf)
March 3, 2022	Filing 36 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to transfer case back to USDC Eastern District of Michigan. and Memorandum in Support , MOTION to Expedite consideration by judge on motion and Memorandum in Support filed by Defendant C.R. England. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Priest, Katherine)
March 3, 2022	Filing 35 NOTICE of Appearance by Katherine E. Priest on behalf of C.R. England (Priest, Katherine)
March 3, 2022	Filing 34 NOTICE of Appearance by Scott A. Hagen on behalf of C.R. England (Hagen, Scott)
February 25, 2022	Filing 33 ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. No attached document. Motions referred to Jared C. Bennett. Signed by Judge Jill N. Parrish on 02/25/2022. (lwh)
February 24, 2022	Filing 32 MOTION to Transfer by Federal Rules of Civil Procedure 12(b)(2) filed by Plaintiff Jose F. Olivares. (Attachments: #1 Affidavit)(alf)
February 24, 2022	Filing 31 MOTION to transfer case back to USDC Eastern District of Michigan filed by Plaintiff Jose F. Olivares. (alf)
February 22, 2022	Filing 30 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Franceska Edinger, for Defendant C.R. England. (nl)
February 22, 2022	Filing 29 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Katherine J. Van Dyke, for Defendant C.R. England. (nl)
February 22, 2022	Filing 28 Case transferred in from USDC of Michigan Eastern; Case Number 2:21-cv-11133. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number 2:22-cv-00123-JNP, Assigned to Judge Jill N. Parrish.
February 22, 2022	Filing 27 OPINION AND ORDER overruling plaintiff's objections to the Magistrate Judge's report and recommendation (Dkt. 24), accepting the recommendation contained in the report and recommendation (Dkt. 23), and granting defendant's motion to change venue (Dkt.6) Signed by District Judge Mark A. Goldsmith. (TTho) [Transferred from Michigan Eastern on 2/22/2022.]
February 22, 2022	TEXT-ONLY CERTIFICATE OF SERVICE re #27 Order Transferring Case Outside the State of Michigan, on Jose F. Olivares,2581 International Dr.,1220C,YPSILANTI, MI 48197 (KSan) [Transferred from Michigan Eastern on 2/22/2022.]
February 8, 2022	Filing 26 REBUTTAL to Defendant's Response in Motion, by Jose F. Olivares. (RLou) [Transferred from Michigan Eastern on 2/22/2022.]
February 3, 2022	Filing 25 RESPONSE to #24 Objection to Report and Recommendation by C.R. England, Inc.. (Van Dyke, Katherine) [Transferred from Michigan Eastern on 2/22/2022.]
January 20, 2022	Filing 24 OBJECTIONS to #23 Report and Recommendation, by Jose F. Olivares. (RLou) [Transferred from Michigan Eastern on 2/22/2022.]
January 11, 2022	Filing 23 REPORT AND RECOMMENDATION to Grant Defendant's Motion to Change Venue, Transferring This Case and the Pending Motion for Partial Summary Judgment to Utah (ECF Nos. #6 , #13 ). Signed by Magistrate Judge Elizabeth A. Stafford. (MarW) [Transferred from Michigan Eastern on 2/22/2022.]
January 11, 2022	TEXT-ONLY CERTIFICATE OF SERVICE re #23 REPORT AND RECOMMENDATION re #13 MOTION for Partial Summary Judgment filed by Jose F. Olivares, #6 MOTION to Change Venue filed by C.R. England, Inc. on Jose F. Olivares at 2581 International Dr. #1220C, YPSILANTI, MI 48197 (MarW) [Transferred from Michigan Eastern on 2/22/2022.]
August 10, 2021	Filing 22 ANSWER to Complaint with Affirmative Defenses with Jury Demand by C.R. England, Inc.. (Van Dyke, Katherine) [Transferred from Michigan Eastern on 2/22/2022.]
July 30, 2021	Filing 21 ORDER Denying (ECF No. #20 ) Motion for Leave to File Sur-Reply. Signed by Magistrate Judge Elizabeth A. Stafford. (MarW) [Transferred from Michigan Eastern on 2/22/2022.]
July 28, 2021	Filing 20 MOTION for Leave to File Surreply in Response to Plaintiff's Motion for Partial Summary Judgment by C.R. England, Inc.. (Van Dyke, Katherine) [Transferred from Michigan Eastern on 2/22/2022.]
July 19, 2021	Filing 19 AFFIDAVIT of Jose F. Olivares (RLou) [Transferred from Michigan Eastern on 2/22/2022.]
July 19, 2021	Filing 18 AMENDED PLAINTIFF'S RESPONSE to Defendant's Answer in Amended Motion for Partial Summary Judgment as to Both CR English and Performance Contracting Group in Motion for Leave to File, by Jose F. Olivares. (RLou) [Transferred from Michigan Eastern on 2/22/2022.]
July 16, 2021	Filing 17 PLAINTIFF'S RESPONSE to Defendant's Answer, by Jose F. Olivares. (RLou) [Transferred from Michigan Eastern on 2/22/2022.]
July 14, 2021	Filing 16 RESPONSE to #13 MOTION for Partial Summary Judgment filed by C.R. England, Inc.. (Van Dyke, Katherine) [Transferred from Michigan Eastern on 2/22/2022.]
July 6, 2021	Filing 15 COPY of #10 Order mailed to Jose F. Olivares and returned as undeliverable (DPer) [Transferred from Michigan Eastern on 2/22/2022.]
June 24, 2021	Filing 14 ORDER Requiring Response to #13 Motion for Partial Summary Judgment. Response due by 7/14/2021; Reply due by 7/28/2021. Signed by Magistrate Judge Elizabeth A. Stafford. (MarW) [Transferred from Michigan Eastern on 2/22/2022.]
June 24, 2021	TEXT-ONLY CERTIFICATE OF SERVICE re #14 Order Requiring Responsive Pleading on Jose F. Olivares at 2581 International Dr.1220C, YPSILANTI, MI 48197 (MarW) [Transferred from Michigan Eastern on 2/22/2022.]
June 23, 2021	Filing 13 MOTION for Partial Summary Judgment Against CR England, by Jose F. Olivares. (RLou) [Transferred from Michigan Eastern on 2/22/2022.]
June 17, 2021	Filing 12 COPY of #3 Order mailed to Jose F. Olivares and returned as undeliverable (DPer) [Transferred from Michigan Eastern on 2/22/2022.]
June 14, 2021	Filing 10 ORDER Striking Sur-Reply (ECF No. #8 ). Signed by Magistrate Judge Elizabeth A. Stafford. (MarW) [Transferred from Michigan Eastern on 2/22/2022.]
June 14, 2021	TEXT-ONLY CERTIFICATE OF SERVICE re #10 Order to Strike on Jose F. Olivares at 2581 International Dr. 1220C, YPSILANTI, MI 48197. (MarW) [Transferred from Michigan Eastern on 2/22/2022.]
June 9, 2021	Filing 9 RESPONSE to #6 Motion to change venue filed by Jose F. Olivares. (DPer) [Transferred from Michigan Eastern on 2/22/2022.]
June 9, 2021	Filing 8 [STRICKEN] RESPONSE (sur-reply) to #7 Reply by Jose F. Olivares. (DPer) Modified on 6/14/2021 (MarW). [Transferred from Michigan Eastern on 2/22/2022.]
June 8, 2021	Filing 7 REPLY to Response re #6 MOTION to Change Venue filed by C.R. England, Inc.. (Van Dyke, Katherine) [Transferred from Michigan Eastern on 2/22/2022.]
June 1, 2021	Filing 11 RESPONSE to #6 Motion to change venue filed by Jose F. Olivares. (DPer) [Transferred from Michigan Eastern on 2/22/2022.]
May 26, 2021	Filing 6 MOTION to Change Venue by C.R. England, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1. Agreement, #3 Exhibit 2. Unpublished Cases) (Van Dyke, Katherine) [Transferred from Michigan Eastern on 2/22/2022.]
May 21, 2021	Filing 5 ORDER Referring Pretrial Matters to Magistrate Judge Elizabeth A. Stafford. Signed by District Judge Mark A. Goldsmith. (KSan) [Transferred from Michigan Eastern on 2/22/2022.]
May 21, 2021	Filing 4 ORDER Regarding Certification Requirements. Signed by District Judge Mark A. Goldsmith. (KSan) [Transferred from Michigan Eastern on 2/22/2022.]
May 21, 2021	Filing 3 ORDER Regarding Removal. Signed by District Judge Mark A. Goldsmith. (KSan) [Transferred from Michigan Eastern on 2/22/2022.]
May 21, 2021	TEXT-ONLY CERTIFICATE OF SERVICE re #5 Order Referring Pretrial Matters to Magistrate Judge, #4 Order, #3 Order on Jose F. Olivares,2581 International Dr., 1220C, YPSILANTI, MI 48197 (KSan) [Transferred from Michigan Eastern on 2/22/2022.]
May 20, 2021	Filing 2 NOTICE of Appearance by Katherine J. Van Dyke on behalf of C.R. England, Inc.. (Van Dyke, Katherine) [Transferred from Michigan Eastern on 2/22/2022.]
May 19, 2021	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (LGra) [Transferred from Michigan Eastern on 2/22/2022.]
May 18, 2021	Filing 1 NOTICE OF REMOVAL by C.R. England, Inc. from Wayne County Circuit Court, case number 21-004939-CZ. Receipt No: AMIEDC-8467598 - Fee: $ 402 [Previously dismissed case: No] [Possible companion case(s): None] (Edinger, Franceska) [Transferred from Michigan Eastern on 2/22/2022.]

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Plaintiff: Jose F. Olivares
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Defendant: C.R. England
Represented By:	Katherine E. Priest
Represented By:	Scott A. Hagen
Represented By:	Jessica Ramirez
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Defendant: Performance Contracting Group, Inc.
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