Takeno et al v. Foote et al
| Kevin Takeno and Rachell Takeno |
| C. Sean Foote and Sean Foote Construction |
| 2:2022cv00157 |
| March 7, 2022 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal- Civil Rights Act |
| Both |
Docket Report
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Filing 24
DOCKET TEXT ORDER STRIKING #23 Defendant's Pro Se Motion to Stay. The motion was filed in violation of DUCivR 83-1.3(d) which prohibits a party that has appeared by an attorney from appearing or acting pro se "unless an order of substitution first has been made by the court after notice to the attorney of each such party and to the opposing party." Beginning on April 20, 2022 and continuing since that time, Defendants have appeared before this court "by an attorney." Therefore, Defendant Foote's subsequently filed pro se motion #23 to stay proceedings is improper and shall be stricken. Defendant's #22 Pro Se Memorandum in Opposition to Motion to Remand is likewise improper and shall be stricken for the same reasons. Signed by Magistrate Judge Jared C. Bennett on 05/02/2022. (docket text order; no attached document) (aja)
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| Filing 23 MOTION to Stay Proceedings Pending Outcome of Dept of Occupational and Professional Licensing filed by Defendant C. Sean Foote. (alf) Modified on 5/4/2022 stricken per DTO 24 (alf). |
| Filing 22 MEMORANDUM in Opposition re #7 MOTION to Remand to State Court and Memorandum in Support filed by Defendant C. Sean Foote. (alf) Modified on 5/4/2022 stricken per DTO 24 (alf). |
| Filing 21 NOTICE OF TRANSMITTAL that case has been remanded to Third District Court. (alf) |
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Filing 20
ORDER granting #7 Motion to Remand to State Court. Case Closed. Signed by Magistrate Judge Jared C. Bennett on 4/29/22. (alf)
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Filing 19
DOCKET TEXT ORDER STRIKING #11 Motion for Entry of Default. The motion was filed in violation of DUCivR 83-1.3(d) which prohibits a party that has appeared by an attorney from appearing or acting pro se "unless an order of substitution first has been made by the court after notice to the attorney of each such party and to the opposing party." On April 20, 2022, Defendant Foote appeared before this court "by an attorney" in #10 Defendants' Motion for Extension of Time to Respond to Motion to Remand. Defendant Foote's subsequently filed pro se motion is, therefore, improper and shall be stricken. Signed by Magistrate Judge Jared C. Bennett on 04/29/2022. (docket text order; no attached document) (aja)
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| Filing 18 RESPONSE to Motion re #7 MOTION to Remand to State Court and Memorandum in Support filed by Defendants C. Sean Foote, Sean Foote Construction. (Farrell, Thomas) |
| Filing 17 CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Counter Claimant C. Sean Foote, Defendants C. Sean Foote, Sean Foote Construction, Plaintiffs Kevin Takeno, Rachell Takeno, Counter Defendants Kevin Takeno, Rachell Takeno. (mh) |
| Filing 16 RECEIVED Consent/Reassignment Form from Counter Claimant C. Sean Foote, Defendants C. Sean Foote, Sean Foote Construction, Counter Defendants Kevin Takeno, Rachell Takeno. (mh) |
| Filing 15 MEMORANDUM in Opposition re #11 MOTION for Entry of Default as to Kevin Takeno and Rachell Takeno filed by Plaintiffs Kevin Takeno, Rachell Takeno, Counter Defendants Kevin Takeno, Rachell Takeno. (Young, R.) |
| Filing 14 JOINT STATEMENT OF PARTIES/CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) filed by Defendants C. Sean Foote, Sean Foote Construction. (Farrell, Thomas) |
| Filing 13 RECEIVED Consent/Reassignment Form from Plaintiffs Kevin Takeno, Rachell Takeno. (mh) |
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Filing 12
ORDER granting #10 Motion for Extension of Time to File Response to #7 MOTION to Remand to State Court. Defendants shall have through April 27, 2022 to respond to Plaintiffs' motion for remand. Signed by Magistrate Judge Jared C. Bennett on 04/22/2022. (jl)
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| Filing 11 MOTION for Entry of Default as to Kevin Takeno and Rachell Takeno filed by Counter Claimant C. Sean Foote. (Attachments: #1 Sworn Affirmation of C. Sean Foote, #2 Cover Letter, #3 Text of Proposed Order, #4 Envelope). (jl) (Additional attachment(s) added on 4/27/2022: #5 rescanned for missing pages) (kb). |
| Filing 10 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Remand to State Court and Memorandum in Support Unopposed filed by Counter Claimant C. Sean Foote, Defendants C. Sean Foote, Sean Foote Construction. (Attachments: #1 Text of Proposed Order Proposed Order Granting Unopposed Mtn)(Farrell, Thomas) |
| Filing 9 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants C. Sean Foote, Sean Foote Construction, Plaintiffs Kevin Takeno, Rachell Takeno. Form due by 4/25/2022. (alf) |
| Filing 8 ANSWER to Complaint with Jury Demand filed by C. Sean Foote, Sean Foote Construction. Attorney Thomas W. Farrell added to party C. Sean Foote(pty:dft), Attorney Thomas W. Farrell added to party Sean Foote Construction(pty:dft)(Farrell, Thomas) |
| Filing 7 MOTION to Remand to State Court and Memorandum in Support filed by Plaintiffs Kevin Takeno, Rachell Takeno, Counter Defendants Kevin Takeno, Rachell Takeno. Attorney R. Scott Young added to party Kevin Takeno(pty:pla), Attorney R. Scott Young added to party Kevin Takeno(pty:cd), Attorney R. Scott Young added to party Rachell Takeno(pty:pla), Attorney R. Scott Young added to party Rachell Takeno(pty:cd)(Young, R.) |
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Filing 6
ORDER granting #4 Motion for Extension of Time to Answer re Complaint contained in #1 Notice of Removal. Answer deadline updated for Sean Foote Construction to 4/8/2022. Signed by Magistrate Judge Jared C. Bennett on 3/29/22. (alf)
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| Filing 5 File downloaded from Third District Court, Salt Lake County Web Xchange consisting of Docket Sheet, Complaint, Summons Returns, Notice of Removal and applicable state court returns. (Attachments: #1 Complaint, #2 Complaint Return of Electronic Notification, #3 Summons Return Construction, #4 Summons Return Foote, #5 Summons Return Return of Electronic Notification, #6 Notice of Removal, #7 Notice of Removal Return of Electronic Notification) (alf) |
| Filing 4 MOTION for Extension of Time to File Answer filed by Defendant C. Sean Foote. (Attachments: #1 Text of Proposed Order On motion for additional time)(af) Modified on 3/29/2022 to correct event type(alf). |
| Filing 3 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant C. Sean Foote. (af) |
| Filing 2 ANSWER to Complaint (Notice of Removal #1 ) with Jury Demand, COUNTERCLAIM against Kevin Takeno, Rachell Takeno filed by C. Sean Foote. (af) |
| Filing 1 NOTICE OF REMOVAL from 3rd District Court, Salt Lake County, case number 220900951. ( Filing fee $ 402 receipt number 4681097870) filed by C. Sean Foote. (Attachments: #1 Exhibit B-State Complaint, #2 Errata A-State Summons, #3 Civil Cover Sheet 1, #4 Envelope 1) Assigned to Magistrate Judge Jared C. Bennett (af) |
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