Route App v. Heuberger et al
| Route App |
| Mac Heuberger, ElevatiONE, Navidium App, Marc Heuberger and Atiqur Rahman |
| Travis Robinson and Brad Pearson |
| 2:2022cv00291 |
| April 28, 2022 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Ted Stewart |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
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Filing 297
Corrected Summons Issued Electronically as to Atiqur Rahman. 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)
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Filing 296
Summons Issued Electronically as to Atiqur Rahman. 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. (sg)
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Filing 295
Requested Summons as to Atiqur Rahman. (Mack, Christopher)
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Filing 294
MEMORANDUM in Opposition re #265 Redacted MOTION for Leave to File Correct Second Amended Complaint and Memorandum in Support filed by ThirdParty Plaintiff Marc Heuberger, Counter Claimant Marc Heuberger, Defendant Marc Heuberger. (Attachments: #1 Exhibit A - 09/01/23 & 09/08/23 Email Exchanges Between Counsel)(Romney, Walter)
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Filing 293
ORDER granting #287 Motion for Leave to File Sealed Document. Mr. Heuberger's Answer and Separate Defenses to Plaintiff Route App, Inc.'s ("Route") Second Amended Complaint, Counterclaims, and Third-Party Complaint shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 9/28/2023. (mh)
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Filing 292
NOTICE OF WITHDRAWAL OF COUNSEL of John Hawk filed by Walter A. Romney, Jr on behalf of Marc Heuberger (Romney, Walter)
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Filing 291
Modification of Docket re #286 Answer to Amended Complaint: Pleading contained counterclaim and third party complaint. The court refiled pleading as #289 Counterclaim and #290 Third Party Complaint, to create counterclaim and third party roles. The word redacted added to #286 , #289 and #290 . (mh)
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Filing 290
Redacted THIRD PARTY COMPLAINT against Travis Robinson, Brad Pearson filed by Marc Heuberger. (mh)
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Filing 289
Redacted COUNTERCLAIM against Route App filed by Marc Heuberger. (mh)
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Filing 288
**SEALED DOCUMENT** re #286 Answer to Amended Complaint, filed by Defendant Marc HeubergerNOTE: Filer is instructed to serve the sealed document on all other parties.. (Romney, Walter)
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Filing 287
MOTION for Leave to File Sealed Document re #286 Answer to Amended Complaint, filed by Defendant Marc Heuberger. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 286
Redacted Defendant/Counterclaimant/Third-Party Plaintiff Marc Heuberger's Answer and Separate Defenses to Route's Second Amended Complaint, Counterclaims, and Third Party Complaint ANSWER to #242 Amended Complaint, with Jury Demand filed by Marc Heuberger.(Romney, Walter) Modified by adding the word redacted to text on 9/28/2023 (mh).
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Filing 285
ORDER denying #211 Motion for Short Term Discovery. After reviewing the parties' written memoranda, the court concludes that it will not issue an advisory opinion on 2,667 documents currently designated Confidential-Attorney's Eyes Only ("CAEO"). The court denies the parties' all-or-nothing approach and, instead, provides the parties' with a procedure for requesting the maintenance or removal of the CAEO designation for individual documents that Mr. Heuberger has produced in discovery. Therefore, Route's motion is denied. Signed by Magistrate Judge Jared C. Bennett on 9/27/2023. (mh)
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Filing 284
MEMORANDUM in Support re #240 MOTION re #232 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Amend/Correct,, Memorandum Decision, and Memorandum in Support filed by Defendant Marc Heuberger. (Romney, Walter)
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Filing 283
THIRD AMENDED ORDER Setting ZOOM Hearing on Motion #257 Redacted MOTION for Short Form Discovery re: Compel Production Related to Police Reports , #260 MOTION for Short Form Discovery re: Production of Route Employee Social Media, Texts and SMS Communications , #246 Plaintiff's MOTION for Short Form Discovery re: Defendant Heuberger Production Deficiencies : ZOOM Motion Hearing set for 10/16/2023 at 02:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 9/21/23. (ksm)
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Filing 282
WITHDRAWAL OF MOTION by Defendant Marc Heuberger re #261 MOTION for Short Form Discovery re: Compel Production of Embedded Documents filed by Marc Heuberger . (Romney, Walter)
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Filing 281
Plaintiff's RESPONSE to Motion re #259 MOTION for Short Form Discovery re: Compel Production Related to Police Reports filed by Plaintiff Route App. (Krannich, Jess)
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Filing 280
Plaintiff's RESPONSE to Motion re #260 MOTION for Short Form Discovery re: Production of Route Employee Social Media, Texts and SMS Communications filed by Plaintiff Route App. (Krannich, Jess)
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Filing 279
2nd AMENDED ORDER Setting Hearing on Motion #257 Redacted MOTION for Short Form Discovery re: Compel Production Related to Police Reports , #261 MOTION for Short Form Discovery re: Compel Production of Embedded Documents , #260 MOTION for Short Form Discovery re: Production of Route Employee Social Media, Texts and SMS Communications , #246 Plaintiff's MOTION for Short Form Discovery re: Defendant Heuberger Production Deficiencies : Motion Hearing reset for 10/16/2023 at 02:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 9/19/23. (ksm)
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Filing 278
ORDER granting #271 Motion for Leave to File Sealed Document. Exhibits A through C to Mr. Heuberger's supplemental response in opposition to Plaintiff Route App, Inc.'s short form discovery motion regarding Mr. Heuberger's blanket CAEO designations shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 9/18/2023. (mh)
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Filing 277
ORDER granting #268 Motion for Leave to File Sealed Document. Exhibits A through F to Mr. Heuberger's short form motion to compel production of embedded documents shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 9/18/2023. (mh)
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Filing 276
ORDER granting #266 Motion for Leave to File Sealed Document. Exhibit 5 to Route App's motion for leave to file corrected second amended complaint shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 9/18/2023. (mh)
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Filing 275
Modification of Docket re #259 : Sealing event update in accordance with #274 Order. (mh)
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Filing 274
ORDER granting #258 Motion for Leave to File Sealed Document. Exhibits E through H to Mr. Heuberger's short form #259 motion to compel production related to police reports shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 9/15/2023. (mh)
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Filing 273
Motion No Longer Referred to Magistrate Judge Jared C. Bennett: #265 Redacted MOTION for Leave to File Correct Second Amended Complaint. District Judge Ted Stewart will decide the motion. (jcd)
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Filing 272
**SEALED DOCUMENT** re #270 Memorandum in Opposition to Motion, filed by Defendant Marc HeubergerNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - Email 1, #2 Exhibit B - Email 2, #3 Exhibit C - Email 2, #4 Exhibit D - Designation Report)(Romney, Walter)
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Filing 271
MOTION for Leave to File Sealed Document re #270 Memorandum in Opposition to Motion, filed by Defendant Marc Heuberger. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 270
Redacted MEMORANDUM in Opposition re #211 Plaintiff's MOTION for Short Form Discovery re: Heuberger's Blanket CAEO Designations filed by Defendant Marc Heuberger. (Attachments: #1 Exhibit A - Email 1, #2 Exhibit B - Email 2, #3 Exhibit C - Email 3, #4 Exhibit D - Designation Report)(Romney, Walter)
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Filing 269
**SEALED DOCUMENT** re #261 MOTION for Short Form Discovery re: Compel Production of Embedded Documents filed by Defendant Marc HeubergerNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - July 13 Scharlat Email, #2 Exhibit B - July 24 Scharlat Email, #3 Exhibit C - July 30 Scharlat Email, #4 Exhibit D - July 26 Krannich Email, #5 Exhibit E - August 2 Krannich Email, #6 Exhibit F - Sept. 1 Krannich Email)(Romney, Walter)
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Filing 268
MOTION for Leave to File Sealed Document re #261 MOTION for Short Form Discovery re: Compel Production of Embedded Documents filed by Defendant Marc Heuberger. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 267
**SEALED DOCUMENT** re #265 Redacted MOTION for Leave to File Correct Second Amended Complaint and Memorandum in Support filed by Plaintiff Route AppNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 1 to Motion, #2 Exhibit 2 to Motion, #3 Exhibit 3 to Motion, #4 Exhibit 4 to Motion, #5 Exhibit 5 to Motion (Unredacted and Highlighted), #6 Exhibit Certificate of Mailing for Unredacted Documents)(Krannich, Jess)
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Filing 266
Plaintiff's MOTION for Leave to File Sealed Document re #265 Redacted MOTION for Leave to File Correct Second Amended Complaint and Memorandum in Support filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File Under Seal) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 265
Redacted MOTION for Leave to File Correct Second Amended Complaint and Memorandum in Support filed by Plaintiff Route App. (Attachments: #1 Exhibit 1 to Motion, #2 Exhibit 2 to Motion, #3 Exhibit 3 to Motion, #4 Exhibit 4 to Motion, #5 Exhibit 5 to Motion (Redacted)) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 264
AMENDED ORDER Setting Hearing on Motion #257 Redacted MOTION for Short Form Discovery re: Compel Production Related to Police Reports , #261 MOTION for Short Form Discovery re: Compel Production of Embedded Documents , #260 MOTION for Short Form Discovery re: Production of Route Employee Social Media, Texts and SMS Communications , #246 Plaintiff's MOTION for Short Form Discovery re: Defendant Heuberger Production Deficiencies : Motion Hearing reset for 9/27/2023 at 01:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett.**PLEASE NOTE DATE AND TIME CHANGE** Signed by Magistrate Judge Jared C. Bennett on 9/14/23. (ksm)
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Filing 263
Modification of Docket re #259 MOTION: Error: #259 is the unredacted version of #257 Motion. Counsel did not use the Sealed Document event found in CMECF. Correction: #297 #259 sealed per chambers and the pending motion terminated. (mh) Modified by correcting document number on 9/14/2023 (mh).
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Filing 262
Modification of Docket re #256 Response to Discovery: Entry stricken per counsel's request. (mh)
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Filing 261
MOTION for Short Form Discovery re: Compel Production of Embedded Documents filed by Defendant Marc Heuberger. (Attachments: #1 Exhibit A - July 24 Scharlat Email, #2 Exhibit B - July 24 Scharlat Email, #3 Exhibit C - July 30 Scharlat Email, #4 Exhibit D - July 26 Krannich Email, #5 Exhibit E - August 2 Krannich Email, #6 Exhibit F - Sept 1 Krannich Email, #7 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 260
MOTION for Short Form Discovery re: Production of Route Employee Social Media, Texts and SMS Communications filed by Defendant Marc Heuberger. (Attachments: #1 Exhibit A - Defendant Heuberger's First Set of Requests for Production of Documents to Route, #2 Exhibit B - Heuberger Third Set of Document Requests to Route, #3 Exhibit C - Plaintiff's Objections to Defendant Heuberger's 30(b)(6) Notice of Deposition to Route, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 259
*SEALED* Document re #257 MOTION for Short Form Discovery re: Compel Production Related to Police Reports filed by Defendant Marc Heuberger. (Attachments: #1 Exhibit A - Heuberger's First Set of RFP, #2 Exhibit B - Plaintiff's Responses to Heubergers First Set of RFP, #3 Exhibit C - Heuberger Second Set of RFP, #4 Exhibit D - Plaintiff's Responses to Heuberger's Second Set of RFP, #5 Exhibit E - July 13 Email from Scharlat, #6 Exhibit F - July 19 Email from Krannich, #7 Exhibit G - Route 13164, #8 Exhibit H - Route 13222, #9 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter) Modified by sealing entry per chambers and linking to redacted motion on 9/14/2023 (mh). Modified by correcting sealing in accordance with #274 Order on 9/18/2023 (mh).
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Filing 258
MOTION for Leave to File Sealed Document re #257 Redacted MOTION for Short Form Discovery re: Compel Production Related to Police Reports filed by Defendant Marc Heuberger. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 257
Redacted MOTION for Short Form Discovery re: Compel Production Related to Police Reports filed by Defendant Marc Heuberger. (Attachments: #1 Exhibit A - Heuberger's First Set of RFP, #2 Exhibit B - Plaintiff's Responses to Heuberger's First Set of RFP, #3 Exhibit C - Heuberger Second Set of RFP, #4 Exhibit D - Plaintiff's Responses to Heuberger's Second Set of RFP, #5 Exhibit E - July 13 Email from Scharlat redacted, #6 Exhibit F - July 19 Email from Krannich redacted, #7 Exhibit G - Route 13164 Redacted, #8 Exhibit H - Route 13222 Redacted, #9 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 256
STRICKEN RESPONSE to Discovery Request from Marc Heuberger filed by Defendant Marc Heuberger.(Romney, Walter) Modified by striking entry per counsel's request on 9/14/2023 (mh).
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Filing 255
ORDER Setting ZOOM Hearing on Motion #246 Plaintiff's MOTION for Short Form Discovery re: Defendant Heuberger Production Deficiencies : ZOOM Motion Hearing set for 9/26/2023 at 11:00 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 9/13/23. (ksm)
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Filing 254
ORDER granting #252 Motion for Leave to File Sealed Document. Route Apps opposition to Mr. Heubergers motion for reconsideration and Exhibit E to Route Apps opposition to Mr. Heubergers motion for reconsideration shall remain under seal. #253 and [253-6]. Signed by Judge Jared C. Bennett Ted Stewart on 9/11/2023. (alf) Modified on 9/12/2023 to correct judge associated with document (alf).
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Filing 253
**SEALED DOCUMENT** re #251 Memorandum in Opposition to Motion, filed by Plaintiff Route AppNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit Certificate of Service for Unredacted Documents, #6 Exhibit E (Unredacted and Highlighted))(Krannich, Jess)
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Filing 252
Plaintiff's MOTION for Leave to File Sealed Document re #251 Memorandum in Opposition to Motion, filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Motion for Leave to File Under Seal) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 251
Redacted MEMORANDUM in Opposition re #240 MOTION re #232 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Amend/Correct,, Memorandum Decision, and Memorandum in Support of Opposition to Defendants' Motion for Reconsideration filed by Plaintiff Route App. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Redacted))(Krannich, Jess)
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Filing 250
MEMORANDUM in Opposition re #246 Plaintiff's MOTION for Short Form Discovery re: Defendant Heuberger Production Deficiencies filed by Defendant Marc Heuberger. (Attachments: #1 Exhibit A - Email Exchange, #2 Exhibit B - Email Exchange, #3 Exhibit C - Email Exchange, #4 Text of Proposed Order Proposed Order)(Romney, Walter)
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Filing 249
CLERKS ORDER of Extension of Time to Answer Amended Complaint re #242 Amended Complaint, signed by Tiffany Brown. The deadline for Heuberger to answer, move, or otherwise respond to Route's #242 Second Amended Complaint is hereby extended toSeptember 27, 2023. (mh)
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Filing 248
MOTION for Extension of Time to File Answer re #242 Amended Complaint, and Memorandum in Support filed by Defendant Marc Heuberger. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Broadhurst, Nathaniel)
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Filing 247
Supplemental MEMORANDUM in Support re #211 Plaintiff's MOTION for Short Form Discovery re: Heuberger's Blanket CAEO Designations filed by Plaintiff Route App. (Krannich, Jess)
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Filing 246
Plaintiff's MOTION for Short Form Discovery re: Defendant Heuberger Production Deficiencies filed by Plaintiff Route App. (Attachments: #1 Exhibit A to Motion, #2 Exhibit B to Motion, #3 Exhibit C to Motion, #4 Exhibit D to Motion, #5 Exhibit E to Motion, #6 Text of Proposed Order Granting Plaintiff Route's Short Form Discovery Motion RE Production Deficiencies) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 245
ORDER granting #244 Motion for Leave to File Sealed Document. Route App's second amended complaint shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 8/31/2023. (mh)
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Filing 244
Plaintiff's MOTION for Leave to File Sealed Document re #242 Amended Complaint, filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Motion for Leave to File Under Seal (Second Amended Complaint)) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 243
**SEALED DOCUMENT** re #242 Amended Complaint, filed by Plaintiff Route AppNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A and B to Unredacted Second Amended Complaint, #2 Exhibit Certificate of Service of Unredacted Second Amended Complaint Filed Under Seal)(Krannich, Jess)
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Filing 242
AMENDED COMPLAINT Redacted Second Amended Complaint against Marc Heuberger with Jury Demand. New Defendants: ATIQUR RAHMAN. Removed Defendants: NAVIDIUM APP. filed by Route App. (Attachments: #1 Exhibit A and B to Redacted Second Amended Complaint) (Krannich, Jess)
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Filing 241
Motion No Longer Referred to Magistrate Judge Jared C. Bennett: #240 MOTION re #232 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Amend/Correct,, Memorandum Decision, and Memorandum in Support. District Judge Ted Stewart will decide this motion. (lc)
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Filing 240
MOTION re #232 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Amend/Correct,, Memorandum Decision, and Memorandum in Support filed by Defendant Marc Heuberger. Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 239
DOCKET TEXT ORDER denying #202 Motion for Short Term Discovery; granting #205 Motion for Short Term Discovery for the reasons stated on the record at the Motion Hearing held 08/24/2023. The court ORDERS Mr. Heuberger to revise responses to Interrogatory Nos. 5, 8, 13, and 14 by September 7, 2023. Signed by Magistrate Judge Jared C. Bennett on 08/25/2023. (docket text order; no attached document).(lc)
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Filing 238
Modification of Docket re 237 Order: 237 Docket Text Order stricken per chambers. (mh)
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Filing 237
STRICKEN DOCKET TEXT ORDER. For the reasons stated on the record at the Motion Hearing held 08/24/2023, the court DENIES #202 MOTION for Short Form Discovery re: Responses to Second Set of Requests for Production filed by Route App. The court GRANTS #205 Redacted MOTION for Short Form Discovery re: Compel Response to Interrogatories filed by Route App. The court ORDERS Mr. Heuberger to revise responses to Interrogatory Nos. 5, 8, 13, and 14 by September 7, 2023. Signed by Magistrate Judge Jared C. Bennett on 08/24/2023. (lc) Modified by striking entry per chambers on 8/25/2023 (mh).
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Filing 236
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Motion Hearing held on 8/24/2023 re #205 Redacted MOTION for Short Form Discovery re: Compel Response to Interrogatories filed by Route App, #202 MOTION for Short Form Discovery re: Responses to Second Set of Requests for Production filed by Route App. All parties appeared via Zoom. The court hears argument from counsel. The court makes findings on the record. The court DENIES #202 MOTION for Short Form Discovery re: Responses to Second Set of Requests for Production filed by Route App. The court GRANTS #205 Redacted MOTION for Short Form Discovery re: Compel Response to Interrogatories filed by Route App. The court ORDERS Mr. Heuberger to revise responses to Interrogatory Nos. 5, 8, 13, and 14 by September 7, 2023. Attorney for Plaintiff: Christopher D. Mack and Jess M. Krannich, Attorney for Defendant: Richard I. Scharlat, Nathaniel E. Broadhurst and John C. Hawk. Court Reporter: Electronic Zoom. (Time Start: 4:00 p.m., Time End: 5:53 p.m., Room 7.100.)(lc)
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Filing 235
ORDER Requiring Additional Briefing Re: #211 Plaintiff's MOTION for Short Form Discovery re: Heuberger's Blanket CAEO Designations. Signed by Magistrate Judge Jared C. Bennett on 8/18/2023. (mh)
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Filing 234
MEMORANDUM DECISION AND ORDER granting #201 MOTION for Short Form Discovery re: Match List Designation. The parties' Match List shall be designated as Confidential. The Route personnel who may view the Match List is limited to Route's in-house counsel and IT staff working under their direction to aid in the collection of relevant documents and information. Signed by Magistrate Judge Jared C. Bennett on 8/18/2023. (mh)
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Filing 233
MEMORANDUM DECISION AND ORDER denying #186 Motion for Short Term Discovery and denying #187 Motion for Short Term Discovery. Signed by Magistrate Judge Jared C. Bennett on 8/18/2023. (mh)
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Filing 232
MEMORANDUM DECISION AND ORDER granting in part and denying in part #94 Motion to Dismiss for Failure to State a Claim and granting #149 Motion to Amend/Correct. Plaintiff file its Second Amended Complaint within fourteen (14) days of issuance of this Order. Plaintiff's Second Amended Complaint may allege claims against Heuberger and Rahman consistent with this order, but not Navidium. Signed by Judge Ted Stewart on 8/17/2023. (mh)
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Filing 231
MOTIONS REFERRED - #211 Plaintiff's MOTION for Short Form Discovery re: Heuberger's Blanket CAEO Designations Motions referred to Jared C. Bennett.(mh)
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Filing 230
2nd Amended ORDER Setting ZOOM Hearing on Motion #202 MOTION for Short Form Discovery re: Responses to Second Set of Requests for Production , #205 Redacted MOTION for Short Form Discovery re: Compel Response to Interrogatories : Motion Hearing reset for 8/24/2023 at 04:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 8/14/23. (ksm)
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Filing 229
MEMORANDUM in Opposition re #211 Plaintiff's MOTION for Short Form Discovery re: Heuberger's Blanket CAEO Designations filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Text of Proposed Order Denying Plaintiff Route App, Inc.'s Short Form Discovery Motion)(Romney, Walter)
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Filing 228
2nd AMENDED ORDER Setting Hearing on Motion #202 MOTION for Short Form Discovery re: Responses to Second Set of Requests for Production , #205 Redacted MOTION for Short Form Discovery re: Compel Response to Interrogatories : Motion Hearing set for 8/15/2023 at 04:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 8/14/23. (ksm)
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Filing 227
Modification of Docket re #226 Order: #226 granted #225 . #225 motion terminated. #211 motion reopened. #226 text modified to reflecting the correct motion granted. (mh)
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Filing 226
ORDER granting #211 Motion for Short Term Discovery #225 MOTION for Extension of Time . Defendant Marc Heuberger shall file his response in opposition to Plaintiff Route App, Inc.'s Short Form Discovery Motion Re: Heuberger's Blanket CAEO Designations [ECF No. 211] on or before August 14, 2023. Signed by Magistrate Judge Jared C. Bennett on 8/11/2023. (mh) Modified by correcting motion being granted on 8/11/2023 (mh).
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Filing 225
Stipulated MOTION for Extension of Time to File Response/Reply as to #211 Plaintiff's MOTION for Short Form Discovery re: Heuberger's Blanket CAEO Designations filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter) Modified by terminating motion per #226 on 8/11/2023 (mh).
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Filing 224
Transcript Purchased by: Walter Romney re #223 transcript(s) of 7/31/2023. (mh)
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Filing 223
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on July 31, 2023 before Judge Jared C. Bennett. Court Reporter/Transcriber Ed Young, Telephone number 801-328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/1/2023. Redacted Transcript Deadline set for 9/22/2023. Release of Transcript Restriction set for 11/9/2023. (mh)
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Filing 222
EXHIBITS filed by Marc Heuberger, Navidium App re #221 Memorandum in Opposition to Motion. (Romney, Walter)
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Filing 221
MEMORANDUM in Opposition re #205 Redacted MOTION for Short Form Discovery re: Compel Response to Interrogatories filed by Defendants Marc Heuberger, Navidium App. (Romney, Walter)
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Filing 220
ORDER granting #216 Motion for Leave to File Sealed Document. Accordingly, ECF No. 215 (Defendants Response in Opposition to Plaintiff's Short Form Discovery Motion Re: Match List Designation and Exhibits A-G thereto) shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 8/7/2023. (mh)
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Filing 219
ORDER granting #213 Motion for Leave to File Sealed Document. Accordingly, ECF No. 212 (Attachments to Appendix in Support of Plaintiff Route App, Inc's Short Form Discovery Motion Re: Heubergers Blanket CAEO Designations) shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 8/7/2023. (mh)
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Filing 218
MEMORANDUM in Opposition re #202 MOTION for Short Form Discovery re: Responses to Second Set of Requests for Production filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Text of Proposed Order Proposed Order)(Romney, Walter)
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Filing 217
**SEALED DOCUMENT** filed by Defendants Marc Heuberger, Navidium AppNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - Route_0013796, #2 Exhibit B - Route_0014300-14301, #3 Exhibit C - Route_0014567-14570, #4 Exhibit D - Download Email, #5 Exhibit E - Route_0014581-14582, #6 Exhibit F - Route_0013861-13862, #7 Exhibit G - Route_0013705-13706)(Romney, Walter)
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Filing 216
MOTION for Leave to File Sealed Document re #215 Memorandum in Opposition to Motion, filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 215
Redacted MEMORANDUM in Opposition re #201 MOTION for Short Form Discovery re: Match List Designation filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Exhibit A - Route_0013796, #2 Exhibit B - Route_0014300-0014301, #3 Exhibit C - Route_0014567-001470, #4 Exhibit D - Download Email, #5 Exhibit E - Route_0014581-0014582, #6 Exhibit F - Route_0013861-0013862, #7 Exhibit G - Route_0013705-0013706)(Romney, Walter)
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Filing 214
**SEALED DOCUMENT** re #212 Appendix, filed by Plaintiff Route AppNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Unredacted and highlighted Attachments to Appendix to Plaintiff's Short Form Discovery Motion re Heuberger's Blanket CAEO Designations, #2 Exhibit Certificate of Service)(Krannich, Jess)
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Filing 213
Plaintiff's MOTION for Leave to File Sealed Document re #212 Appendix, filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Motion for Leave to File Under Seal (attachments to Appendix)) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 212
APPENDIX to #211 Plaintiff's MOTION for Short Form Discovery re: Heuberger's Blanket CAEO Designations filed by Plaintiff Route App . (Attachments: #1 Exhibit Redacted Attachments to Appendix to Plaintiff's Short Form Discovery Motion re Heuberger's Blanket CAEO Designations)(Krannich, Jess)
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Filing 211
Plaintiff's MOTION for Short Form Discovery re: Heuberger's Blanket CAEO Designations filed by Plaintiff Route App. (Attachments: #1 Exhibit 1 to Motion, #2 Text of Proposed Order Granting Plaintiff Route App, Inc's Short Form Discovery Motion re Heuberger's Blanket CAEO Designation) Motions referred to Jared C. Bennett.(Krannich, Jess) Modified by reopening motion on 8/11/2023 (mh).
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Filing 210
ORDER re: Motion Hearing held on 7/31/2023 on motions ECF #s #186 , #187 , and #189 ; denying #189 Motion for Short Term Discovery. Signed by Magistrate Judge Jared C. Bennett on 8/1/2023. (jwt)
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Filing 209
ORDER granting #206 Motion for Leave to File Sealed Document. Accordingly, Exhibits E & G to ECF No. 205 shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 8/1/2023. (mh)
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Filing 208
**SEALED DOCUMENT** re #205 Redacted MOTION for Short Form Discovery re: Compel Response to Interrogatories filed by Plaintiff Route AppNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A to Motion, #2 Exhibit B to Motion, #3 Exhibit C to Motion, #4 Exhibit D to Motion, #5 Exhibit E to Motion, #6 Exhibit F to Motion, #7 Exhibit G to Motion, #8 Exhibit H to Motion, #9 Text of Proposed Order Granting Plaintiff's Short Form Discovery Motion to Compel Defendants' Responses to Plaintiff's Interrogatories, #10 Exhibit Certificate of Mailing)(Krannich, Jess)
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Filing 207
AMENDED ORDER Setting Hearing on Motion #202 MOTION for Short Form Discovery re: Responses to Second Set of Requests for Production , #205 Redacted MOTION for Short Form Discovery re: Compel Response to Interrogatories , #201 MOTION for Short Form Discovery re: Match List Designation : Motion Hearing set for 8/15/2023 at 04:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 8/1/23. (ksm)
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Filing 206
Plaintiff's MOTION for Leave to File Sealed Document re #205 Redacted MOTION for Short Form Discovery re: Compel Response to Interrogatories filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File Under Seal) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 205
Redacted MOTION for Short Form Discovery re: Compel Response to Interrogatories filed by Plaintiff Route App. (Attachments: #1 Exhibit A to Motion, #2 Exhibit B to Motion, #3 Exhibit C to Motion, #4 Exhibit D to Motion, #5 Exhibit E to Motion (Redacted), #6 Exhibit F to Motion, #7 Exhibit G to Motion (Redacted), #8 Exhibit H to Motion, #9 Text of Proposed Order) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 204
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Motion Hearing held on 7/31/2023 re #187 MOTION for Short Form Discovery re: Responses to Requests for Production 11, 12, 15-17, 21, and 23-25 filed by Marc Heuberger, #189 Amended MOTION for Short Form Discovery re: Quash Plaintiff Route App, Inc.'s Subpoenas filed by Marc Heuberger, #186 MOTION for Short Form Discovery re: Interrogatory Responses to Interrogatories 13-16, 18, 19, and 21 filed by Marc Heuberger, Navidium App. All parties appeared via ZOOM. The court hears argument from counsel. The court makes findings on the record. Written Order to follow. Attorney for Plaintiff: Christopher D. Mack and Rebecca Jayne Nelson, Attorney for Defendant: Richard I. Scharlat, Nathaniel E. Broadhurst, and John C. Hawk. Court Reporter: Electronic Zoom. (Time Start: 2:01 p.m., Time End: 4:25 p.m., Room 7.100.)(lc)
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Filing 203
ORDER Setting ZOOM Hearing on Motion #202 MOTION for Short Form Discovery re: Responses to Second Set of Requests for Production , #201 MOTION for Short Form Discovery re: Match List Designation : Motion Hearing set for 8/15/2023 at 04:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 7/31/23. (ksm)
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Filing 202
MOTION for Short Form Discovery re: Responses to Second Set of Requests for Production filed by Plaintiff Route App. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order Granting Plaintiff's Short Form Discovery Motion to Compel Defendants' Responses to Plaintiff's Second Set of Requests for Production) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 201
MOTION for Short Form Discovery re: Match List Designation filed by Plaintiff Route App. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order Granting Plaintiff's Short Form Discovery Motion re: Match List Designation) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 200
ORDER granting #199 Motion for Admission Pro Hac Vice of Attorney John C. Hawk for Marc Heuberger and Navidium App.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.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.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 Ted Stewart on 7/25/2023. (mh)
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Filing 199
MOTION for Admission Pro Hac Vice of John C. Hawk , Registration fee $ 50, receipt number AUTDC-4752792,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 Defendants Marc Heuberger, Navidium App. (Attachments: #1 Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Romney, Walter)
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Filing 198
EXHIBITS filed by Route App re #192 Memorandum in Opposition to Motion. (Krannich, Jess)
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Filing 197
EXHIBITS filed by Route App re #191 Memorandum in Opposition to Motion,. (Krannich, Jess)
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Filing 196
EXHIBITS filed by Route App re #190 Memorandum in Opposition to Motion,. (Krannich, Jess)
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Filing 195
AMENDED ORDER Setting Hearing on Motion #187 MOTION for Short Form Discovery re: Responses to Requests for Production 11, 12, 15-17, 21, and 23-25 , #186 MOTION for Short Form Discovery re: Interrogatory Responses to Interrogatories 13-16, 18, 19, and 21 , #189 Amended MOTION for Short Form Discovery re: Quash Plaintiff Route App, Inc.'s Subpoenas : Motion Hearing reset for 7/31/2023 at 02:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 7/18/23. (ksm)
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Filing 194
NOTICE OF WITHDRAWAL OF COUNSEL of Ellie J. Barragry filed by Nathaniel E. Broadhurst on behalf of Marc Heuberger, Navidium App (Broadhurst, Nathaniel)
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Filing 193
ORDER Setting ZOOM Hearing on Motion #187 MOTION for Short Form Discovery re: Responses to Requests for Production 11, 12, 15-17, 21, and 23-25 , #186 MOTION for Short Form Discovery re: Interrogatory Responses to Interrogatories 13-16, 18, 19, and 21 , #189 Amended MOTION for Short Form Discovery re: Quash Plaintiff Route App, Inc.'s Subpoenas : ZOOM Motion Hearing set for 7/26/2023 at 02:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 7/17/23. (ksm)
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Filing 192
Plaintiff's MEMORANDUM in Opposition re #186 MOTION for Short Form Discovery re: Interrogatory Responses to Interrogatories 13-16, 18, 19, and 21 filed by Plaintiff Route App. (Krannich, Jess)
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Filing 191
Plaintiff's MEMORANDUM in Opposition re #187 MOTION for Short Form Discovery re: Responses to Requests for Production 11, 12, 15-17, 21, and 23-25 filed by Plaintiff Route App. (Attachments: #1 Exhibit 1 - Communication dated 7-7-23)(Krannich, Jess)
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Filing 190
Plaintiff's MEMORANDUM in Opposition re #189 Amended MOTION for Short Form Discovery re: Quash Plaintiff Route App, Inc.'s Subpoenas filed by Plaintiff Route App. (Attachments: #1 Exhibit 1 - Meet and Confer Communications, #2 Exhibit 2 - Heuberger Communication, #3 Exhibit 3 - Notice of Intent)(Krannich, Jess)
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Filing 189
Amended MOTION for Short Form Discovery re: Quash Plaintiff Route App, Inc.'s Subpoenas filed by Defendant Marc Heuberger. (Attachments: #1 Exhibit Notice of Intent to Serve Subpoenas Duces Tecum) Motions referred to Jared C. Bennett.(Broadhurst, Nathaniel)
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Filing 188
NOTICE of Errata: Corrected Exhibit 1 to Heuberger's Short Form Discovery Motion as to Requests for Production 11, 12, 15-17, 21, and 23-25 by Marc Heuberger re #187 MOTION for Short Form Discovery re: Responses to Requests for Production 11, 12, 15-17, 21, and 23-25 (Broadhurst, Nathaniel)
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Filing 187
MOTION for Short Form Discovery re: Responses to Requests for Production 11, 12, 15-17, 21, and 23-25 filed by Defendant Marc Heuberger. (Attachments: #1 Exhibit Declaration of Counsel in Support of Defendant Marc Heuberger's Short Form Discovery Motion as to Requests for Production 11, 12, 15-17, 21, and 23-25) Motions referred to Jared C. Bennett.(Broadhurst, Nathaniel)
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Filing 186
MOTION for Short Form Discovery re: Interrogatory Responses to Interrogatories 13-16, 18, 19, and 21 filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Exhibit Declaration of Counsel in Support of Defendant Marc Heuberger's Short Form Discovery Motion as to Interrogatories 13-16, 18, 19, and 21) Motions referred to Jared C. Bennett.(Broadhurst, Nathaniel)
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Filing 185
DOCKET TEXT ORDER FINDING AS MOOT #182 MOTION for Short Form Discovery re: Motion to Quash Plaintiff's Subpoenas filed by Defendant Marc Heuberger. Pursuant to #184 ORDER granting #183 Motion for Leave to File Amended Short Form Discovery Motion, Defendant Marc Heuberger was granted leave to file an amended short form discovery motion. Signed by Magistrate Judge Jared C. Bennett on 07/07/2023. (docket text order; no attached document) (jcd)
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Filing 184
ORDER granting #183 Motion for Leave to File Amended Short Form Discovery. Defendant Marc Heuberger is granted leave to file an amended short form discovery motion to quash Plaintiff Route App, Inc.'s subpoenas. Signed by Magistrate Judge Jared C. Bennett on 7/7/2023. (mh)
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Filing 183
MOTION for Leave to File Amended Short Form Discovery Motion to Quash Plaintiff Route App, Inc.'s Subpoenas and Memorandum in Support filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Exhibit Proposed Amended Short Form Discovery Motion, #2 Text of Proposed Order Granting Defendant Marc Heuberger's Motion for Leave to File Amended Short Form Discovery Motion to Quash Plaintiff Route, App, Inc.'s Subpoenas) Motions referred to Jared C. Bennett.(Broadhurst, Nathaniel)
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Filing 182
MOTION for Short Form Discovery re: Motion to Quash Plaintiff's Subpoenas filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Exhibit 1 - Notice of Intent to Serve Subpoenas Duces Tecum, #2 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 181
NOTICE of Change of Address by Jess M. Krannich (Krannich, Jess)
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Filing 180
AMENDED SCHEDULING ORDER granting #179 Motion for Amended Scheduling Order. Expert Discovery due by 1/30/2024. Motions due by 2/13/2024. Final Pretrial Conference set for 6/24/2024 at 02:30 PM in Rm 8.300 before Judge Ted Stewart. 10-day Jury Trial set for 7/8/2024 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. Signed by Magistrate Judge Jared C. Bennett on 5/19/2023. (mh)
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Filing 179
Stipulated MOTION for Amended Scheduling Order and Memorandum in Support filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Amended Scheduling Order) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 178
Amended REPLY to Response to Motion re #149 Plaintiff's MOTION to Amend/Correct #2 Complaint, #78 Amended Complaint and Memorandum in Support of Motion for Leave to File Second Amended Complaint filed by Plaintiff Route App. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Krannich, Jess)
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Filing 177
DOCKET TEXT ORDER granting #175 Motion for Leave to File Amended Reply for good cause appearing. Signed by Judge Ted Stewart on 5/10/2023. No attached document. (rcw)
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Filing 176
Motion No Longer Referred to Magistrate Judge Jared C. Bennett: #175 MOTION for Leave to File Amended Reply in Support of Route's Motion for Leave to File Second Amended Complaint. District Judge Ted Stewart will handle the motion. (jcd)
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Filing 175
MOTION for Leave to File Amended Reply in Support of Route's Motion for Leave to File Second Amended Complaint and Memorandum in Support filed by Plaintiff Route App. Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 174
NOTICE of Issuance of Subpoenas to Thirteen Additional Nonparties to Produce Documents by Marc Heuberger, Navidium App (Romney, Walter)
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Filing 173
DOCKET TEXT ORDER denying #165 Motion for Short Term Discovery. The court denies the instant motion for the same reasons it denied Defendant Marc Heuberger's #96 Motion to Stay at the hearing held on 11/23/2022 111 . Mr. Heuberger has presented no new factual or legal basis warranting reconsideration of this decision. Signed by Magistrate Judge Jared C. Bennett on 04/19/2023. (docket text order; no attached document). (lc)
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Filing 172
ORDER VACATING Motion for short form discovery ZOOM hearing set for April 27, 2023 at 1:00 PM before Judge Jared C. Bennett Signed by Magistrate Judge Jared C. Bennett on 4/19/23. (ksm)
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Filing 171
Plaintiff's MEMORANDUM in Opposition re #165 MOTION for Short Form Discovery re: Staying Discovery filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Denying Defendant Heuberger's Short Form Motion to Stay Discovery)(Krannich, Jess)
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Filing 170
REPLY to Response to Motion re #149 Plaintiff's MOTION to Amend/Correct #2 Complaint, #78 Amended Complaint and Memorandum in Support of Motion for Leave to File Second Amended Complaint filed by Plaintiff Route App. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Krannich, Jess)
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Filing 169
ORDER granting #167 Motion for Admission Pro Hac Vice of Attorney Adam T. Hamilton for Marc Heuberger and for Navidium App.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 Ted Stewart on 4/13/2023. (mh)
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Filing 168
ORDER Setting ZOOM Hearing on Motion #165 MOTION for Short Form Discovery re: Staying Discovery : Motion Hearing set for 4/27/2023 at 01:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 4/13/23. (ksm)
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Filing 167
MOTION for Admission Pro Hac Vice of Adam T. Hamilton , Registration fee $ 250, receipt number AUTDC-4646337,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 Defendants Marc Heuberger, Navidium App. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Text of Proposed Order)(Romney, Walter)
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Filing 166
REQUEST to Submit for Decision re #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Defendant Navidium App's Motion to Dismiss for Lack of Personal Jurisdiction (Oral Argument Requested) filed by Defendants Marc Heuberger, Navidium App. (Romney, Walter)
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Filing 165
MOTION for Short Form Discovery re: Staying Discovery filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 164
ORDER granting #163 Motion for Admission Pro Hac Vice of Attorney David Grant Crooks for Marc Heuberger,David Grant Crooks for Navidium App.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 Ted Stewart on 4/11/2023. (mh)
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Filing 163
MOTION for Admission Pro Hac Vice of David Grant Crooks , Registration fee $ 250, receipt number AUTDC-4644391,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 Defendants Marc Heuberger, Navidium App. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Text of Proposed Order)(Romney, Walter)
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Filing 162
AFFIDAVIT/DECLARATION of Nathaniel E. Broadhurst in Opposition re #149 Plaintiff's MOTION to Amend/Correct #2 Complaint, #78 Amended Complaint and Memorandum in Support of Motion for Leave to File Second Amended Complaint filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Exhibit A - Heuberger's Initial Disclosures, #2 Exhibit B - Email Exchange)(Broadhurst, Nathaniel)
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Filing 161
MEMORANDUM in Opposition re #149 Plaintiff's MOTION to Amend/Correct #2 Complaint, #78 Amended Complaint and Memorandum in Support of Motion for Leave to File Second Amended Complaint filed by Defendants Marc Heuberger, Navidium App. (Broadhurst, Nathaniel)
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Filing 159
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on February 28, 2023 before Judge Jared C. Bennett. Court Reporter/Transcriber Michelle B. Gonsalves RPR, CRR, CBC, Telephone number 801-783-8657. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/19/2023. Redacted Transcript Deadline set for 5/10/2023. Release of Transcript Restriction set for 6/27/2023. (mh) Modified to remove restricted text on 6/27/2023 (jl).
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Filing 157
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Short Form Discovery Re: Subpoenas held on March 7, 2023 before Judge Jared C. Bennett. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 385-215-5889. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/14/2023. Redacted Transcript Deadline set for 5/5/2023. Release of Transcript Restriction set for 6/22/2023. (mh) Modified to remove restricted text on 6/22/2023 (jl).
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Filing 156
ORDER - Route's Short Form Discovery Motion to Quash Subpoenas Heuberger Intends to Issue is DENIED IN PART and GRANTED IN PART. Signed by Magistrate Judge Jared C. Bennett on 3/23/2023. (mh)
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Filing 155
ORDER granting #151 Motion for Leave to File Sealed Document. Accordingly, ECF No. 153 shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 3/21/2023. (mh)
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Filing 154
CERTIFICATE OF SERVICE by Route App re #153 Sealed Document, Second Amended Complaint (unredacted) (Krannich, Jess)
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Filing 153
**SEALED DOCUMENT** re #151 MOTION for Leave to File Sealed Document re #149 Plaintiff's MOTION to Amend/Correct #2 Complaint, #78 Amended Complaint and Memorandum in Support of Motion for Leave to File Second Amended Complaint - Exhibit 1 filed by Plaintiff Route AppNOTE: Filer is instructed to serve the sealed document on all other parties.. (Krannich, Jess)
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Filing 152
NOTICE OF DEFICIENCY re #151 MOTION for Leave to File Sealed Document. Counsel is directed to follow the civil procedure for filing under seal pursuant to DUCivR 5-3(b). The clerk requests the filer to file the proposed sealed complaint under the civil event Sealed Document for chambers review. (mh)
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Filing 151
MOTION for Leave to File Sealed Document re #149 Plaintiff's MOTION to Amend/Correct #2 Complaint, #78 Amended Complaint and Memorandum in Support of Motion for Leave to File Second Amended Complaint - Exhibit 1 filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File Under Seal) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 150
Motion No Longer Referred to Magistrate Judge Jared C. Bennett: #149 Plaintiff's MOTION to Amend/Correct #2 Complaint, #78 Amended Complaint and Memorandum in Support of Motion for Leave to File Second Amended Complaint. District Judge Ted Stewart will handle this motion. (lc)
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Filing 149
Plaintiff's MOTION to Amend/Correct #2 Complaint, #78 Amended Complaint and Memorandum in Support of Motion for Leave to File Second Amended Complaint filed by Plaintiff Route App. (Attachments: #1 Exhibit 1 Redacted Second Amended Complaint, #2 Exhibit 2 Heuberger's Discovery Responses) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 148
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Motion Hearing held on 3/7/2023 re #138 Plaintiff's MOTION for Short Form Discovery re: Subpoenas Defendant Intends to Issue filed by Route App. All parties appeared via ZOOM. The court hears from counsel. The court TAKES UNDER ADVISEMENT #138 Plaintiff's MOTION for Short Form Discovery re: Subpoenas Defendant Intends to Issue. Written Order to follow. Attorney for Plaintiff: Jess Krannich and Chris Mack, Attorney for Defendant: Nate Broadhurst and Richard Schartlat. Court Reporter: ZOOM recording.(ksm)
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Filing 147
NOTICE of Appearance by Christopher Stackhouse on behalf of Route App (Stackhouse, Christopher)
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Filing 146
NOTICE of Appearance by Rebecca Jayne Nelson on behalf of Route App (Nelson, Rebecca)
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Filing 144
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Amend/Correct Order Regarding Production Schedule held on February 13, 2023 before Judge Jared C. Bennett. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 385-215-5889. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/24/2023. Redacted Transcript Deadline set for 4/14/2023. Release of Transcript Restriction set for 6/1/2023. (mh) Modified to remove restricted text on 6/1/2023 (jl).
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Filing 143
MEMORANDUM in Opposition re #138 Plaintiff's MOTION for Short Form Discovery re: Subpoenas Defendant Intends to Issue filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Text of Proposed Order Order re Opposition to Short Form Discovery Motion to Quash Subpoenas)(Romney, Walter)
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Filing 142
ORDER granting in part and denying in part #125 Motion for Discovery. The court declines to award fees in this case, finding that the arguments of counsel were legally and factually justified. Signed by Magistrate Judge Jared C. Bennett on 2/28/2023. (mh)
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Filing 141
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Motion Hearing held on 2/28/2023 re #125 Second MOTION for Discovery and Memorandum in Support of Second Short Form Discovery Motion RE Defendant Heuberger's Deficient Responses to Plaintiff's First Set of Interrogatories filed by Route App. All parties appeared via ZOOM.The court hears argument from counsel. The court makes findings on the record. Attorney for Plaintiff: Jess Kranish and CHris Mack, Attorney for Defendant: Richard I. Scharlat and Walt Romney. Court Reporter: ZOOM recording.(ksm)
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Filing 140
NOTICE of Appearance by Nathaniel E. Broadhurst on behalf of Marc Heuberger, Navidium App (Broadhurst, Nathaniel)
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Filing 139
ORDER Setting ZOOM Hearing on Motion #138 Plaintiff's MOTION for Short Form Discovery re: Subpoenas Defendant Intends to Issue : Motion Hearing set for 3/7/2023 at 02:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 2/22/23. (ksm)
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Filing 138
Plaintiff's MOTION for Short Form Discovery re: Subpoenas Defendant Intends to Issue filed by Plaintiff Route App. (Attachments: #1 Exhibit 1 to Motion to Quash Subpoenas, #2 Exhibit 2 to Motion to Quash Subpoenas, #3 Exhibit 3 to Motion to Quash Subpoenas, #4 Exhibit 4 to Motion to Quash Subpoenas, #5 Exhibit 5 to Motion to Quash Subpoenas, #6 Exhibit 6 to Motion to Quash Subpoenas, #7 Text of Proposed Order Granting Plaintiff's Short Form Discovery Motion to Quash Subpoenas) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 137
MEMORANDUM DECISION AND ORDER granting in part and denying in part #122 Plaintiff's MOTION for Short Form Discovery re: Defendant Heuberger's Deficient Responses to Plaintiff's First Set of Requests for Production. See order for additional details. Signed by Magistrate Judge Jared C. Bennett on 2/17/2023. (mh)
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Filing 136
DOCKET TEXT ORDER denying #130 Motion to Amend/Correct. The court held a motion hearing re #130 on 02/13/2023. The court DENIES #130 MOTION to Amend/Correct #128 Order Regarding Production Schedule. The court ORDERS Defendant Marc Heuberger to provide to Plaintiff Route App, Inc., a reasonable production schedule for each Request for Production, except for RFP 7, by 02/13/2023 11:59:59 p.m. (MST). The court ORDERS that the parties meet and confer and, to the extent possible, stipulate to the scope of the search terms, as required by #121 Stipulation and Order Regarding Electronic Discovery Protocol. If the parties are unable to fully stipulate to search terms, they should come prepared to raise any disagreements regarding search terms with the court at the 02/28/2023 hearing. Signed by Magistrate Judge Jared C. Bennett on 02/13/2023. (docket text order; no attached document). (lc)
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Filing 135
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Motion Hearing held on 2/13/2023 re #130 MOTION to Amend/Correct #128 Order Regarding Production Schedule filed by Defendant Marc Heuberger. All parties appeared via Zoom. The court hears from counsel. The court DENIES #130 MOTION to Amend/Correct #128 Order Regarding Production Schedule. The court ORDERS Defendant Marc Heuberger to provide to Plaintiff Route App, Inc., a reasonable production schedule for each Request for Production, except for RFP 7, by 02/13/2023 11:59:59 p.m. (MST). The court ORDERS that the parties meet and confer and, to the extent possible, stipulate to the scope of the search terms, as required by #121 Stipulation and Order Regarding Electronic Discovery Protocol. If the parties are unable to fully stipulate to search terms, they should come prepared to raise any disagreements regarding search terms with the court at the 02/28/2023 hearing. Attorney for Plaintiff: Jess M. Krannich, Attorney for Defendant: Walt A. Romney, Jr. Court Reporter: Electronic. Time Start: 4:00 p.m., Time End: 4:33 p.m., Room 7.100.) (lc)
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Filing 134
ORDER Setting ZOOM Hearing on Motion #130 MOTION to Amend/Correct #128 Order Regarding Production Schedule : Motion Hearing set for 2/13/2023 at 04:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 2/13/23. (ksm)
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Filing 132
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 2/1/2023 before Judge Jared C. Bennett. Court Reporter/Transcriber Michelle B. Gonsalves RPR, CRR, CBC, Telephone number 801-783-8657. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/6/2023. Redacted Transcript Deadline set for 3/27/2023. Release of Transcript Restriction set for 5/15/2023. (mh) Modified to remove restricted text on 5/15/2023 (jl).
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Filing 131
Plaintiff's MEMORANDUM in Opposition re #130 MOTION to Amend/Correct #128 Order Regarding Production Schedule filed by Plaintiff Route App. (Krannich, Jess)
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Filing 130
MOTION to Amend/Correct #128 Order Regarding Production Schedule filed by Defendant Marc Heuberger. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 129
MEMORANDUM in Opposition re #125 Second MOTION for Discovery and Memorandum in Support of Second Short Form Discovery Motion RE Defendant Heuberger's Deficient Responses to Plaintiff's First Set of Interrogatories filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Text of Proposed Order Order Denying Plaintiff's Second Short Form Discovery Motion)(Romney, Walter)
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Filing 128
ORDER re 126 Motion Hearing. See order for details. Signed by Magistrate Judge Jared C. Bennett on 2/2/2023. (mh)
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Filing 127
ORDER Setting ZOOM Hearing on Motion #125 Second MOTION for Discovery and Memorandum in Support of Second Short Form Discovery Motion RE Defendant Heuberger's Deficient Responses to Plaintiff's First Set of Interrogatories : Motion Hearing set for 2/28/2023 at 10:30 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 2/1/23. (ksm)
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Filing 126
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Motion Hearing held on 2/1/2023 re #122 Plaintiff's MOTION for Short Form Discovery re: Defendant Heuberger's Deficient Responses to Plaintiff's First Set of Requests for Production filed by Route App. All parties appeared via ZOOM. The court hears argument from counsel. The court makes findings on the record. Written Order to Follow. Attorney for Plaintiff: Jess Krannich and Chris Mack, Attorney for Defendant: Richard Schalat and Walt Romney. Court Reporter: ZOOM recording.(ksm)
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Filing 125
Second MOTION for Discovery and Memorandum in Support of Second Short Form Discovery Motion RE Defendant Heuberger's Deficient Responses to Plaintiff's First Set of Interrogatories filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Granting Second Short Form Discovery Motion RE Defendant Heuberger's Deficient Responses to Plaintiff's First Set of Interrogatories, #2 Exhibit A to Plaintiff's Second Short Form Discovery Motion, #3 Exhibit B to Plaintiff's Second Short Form Discovery Motion, #4 Exhibit C to Plaintiff's Second Short Form Discovery Motion, #5 Exhibit D to Plaintiff's Second Short Form Discovery Motion) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 124
MEMORANDUM in Opposition re #122 Plaintiff's MOTION for Short Form Discovery re: Defendant Heuberger's Deficient Responses to Plaintiff's First Set of Requests for Production filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Text of Proposed Order Order Denying Plaintiff's Short Form Discovery Motion)(Romney, Walter)
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Filing 123
ORDER Setting ZOOM Hearing on Motion #122 Plaintiff's MOTION for Short Form Discovery re: Defendant Heuberger's Deficient Responses to Plaintiff's First Set of Requests for Production : Motion Hearing set for 2/1/2023 at 11:00 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 1/20/23. (ksm)
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Filing 122
Plaintiff's MOTION for Short Form Discovery re: Defendant Heuberger's Deficient Responses to Plaintiff's First Set of Requests for Production filed by Plaintiff Route App. (Attachments: #1 Exhibit A - First Request for Production of Documents, #2 Exhibit B - Response to First Request for Production of Documents, #3 Exhibit C - Meet and Confer Letter, #4 Exhibit D - Meet and Confer Summary, #5 Exhibit E - Response to Meet and Confer Summary, #6 Text of Proposed Order to Short Form Motion re Heuberger's Responses to First Set of RFPs) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 121
STIPULATION AND ORDER REGARDING ELECTRONIC DISCOVERY PROTOCOL re #120 Motion for Discovery. Signed by Magistrate Judge Jared C. Bennett on 12/28/2022. (mh)
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Filing 120
Stipulated MOTION for Discovery and Memorandum in Support of Stipulation and Order Regarding Electronic Discovery Protocol filed by Plaintiff Route App. (Attachments: #1 Exhibit A to Stipulation and Order Regarding Electronic Discovery Protocol) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 119
AFFIDAVIT/DECLARATION of Marc Heuberger in Support re #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Defendant Navidium App's Motion to Dismiss for Lack of Personal Jurisdiction (Oral Argument Requested) filed by Defendants Marc Heuberger, Navidium App. (Romney, Walter)
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Filing 118
MEMORANDUM in Support re #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Defendant Navidium App's Motion to Dismiss for Lack of Personal Jurisdiction (Oral Argument Requested) filed by Defendants Marc Heuberger, Navidium App. (Romney, Walter)
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Filing 116
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Stay Discovery held on 11/23/2022 before Judge Jared C. Bennett. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-201-9731. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/13/2023. (mh) Modified to remove restricted text on 3/13/2023 (jl).
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Filing 115
SCHEDULING ORDER: Amended Pleadings due by 3/1/2023. Joinder of Parties due by 3/1/2023. Expert Discovery due by 9/14/2023. Motions due by 9/28/2023. Final Pretrial Conference set for 2/12/2024 at 02:30 PM in Rm 8.300 before Judge Ted Stewart. 10 Day Jury Trial set for 2/26/2024 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. Signed by Magistrate Judge Jared C. Bennett on 12/12/2022. (mh)
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Filing 114
Plaintiff's MEMORANDUM in Opposition re #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Defendant Navidium App's Motion to Dismiss for Lack of Personal Jurisdiction (Oral Argument Requested) filed by Plaintiff Route App. (Attachments: #1 Exhibit Declaration of Adam Kay)(Mack, Christopher)
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Filing 113
DOCKET TEXT ORDER denying #112 Motion Leave to File Overlength Response. Signed by Judge Ted Stewart on 11/23/2022. No attached document. (tlc)
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Filing 112
Plaintiff's MOTION Leave to File Overlength Response in Opposition to Defendants' Motion to Dismiss re #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Defendant Navidium App's Motion to Dismiss for Lack of Personal Jurisdiction (Oral Argument Requested) and Memorandum in Support filed by Plaintiff Route App. Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 111
DOCKET TEXT ORDER granting in part and denying in part #96 Motion to Stay. For the reasons stated on the record at the motion hearing held on 11/23/2022, Discovery as to Defendant Navidium App is STAYED pending resolution of #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Defendant Navidium App's Motion to Dismiss for Lack of Personal Jurisdiction. Discovery is NOT STAYED as to Defendant Marc Heuberger. The requests for production served on Defendant Heuberger on 11/08/2022 are live. Signed by Magistrate Judge Jared C. Bennett on 11/23/2022. (docket text order; no attached document). (lc)
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Filing 110
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Motion Hearing held on 11/23/2022 re #96 Defendant's MOTION to Stay Discovery Pending Ruling on Defendants' Motions to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction filed by Marc Heuberger, Navidium App. Counsel for all parties appeared by Zoom. Court heard argument from counsel. The court ruled from the bench. The court GRANTS IN PART and DENIES IN PART #96 Defendants' MOTION to Stay Discovery Pending Ruling on Defendants' Motions to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction. Discovery as to Defendant Navidium App is STAYED pending resolution of #94 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Defendant Navidium App's Motion to Dismiss for Lack of Personal Jurisdiction. Discovery is NOT STAYED as to Defendant Marc Heuberger. The requests for production served on Defendant Heuberger on 11/08/2022 are live. Attorney for Plaintiff: Jess M. Krannich, Attorney for Defendant: Ellie J. Barragry, Richard I. Scharlat, and Walter A. Romney, Jr. Court Reporter: Electronic Zoom. (Time Start: 9:00 a.m., Time End: 10:34 a.m., Room Zoom.)(lc)
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Filing 109
ORDER granting #105 Motion to Seal Document. ECF No. 104-4 (Exhibit 4) shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 11/22/2022. (mh)
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Filing 108
Remark: Exhibit number 4 from #104 AFFIDAVIT/DECLARATION sealed temporarily per chambers pending ruling on #105 MOTION to Seal Document. (mh) Modified to fix typo on 11/22/2022 (mh).
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Filing 107
Modification of Docket: re #106 Redacted Exhibits. The word redacted added to docket text title. (mh)
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Filing 106
Redacted EXHIBITS filed by Marc Heuberger, Navidium App re #104 Affidavit/Declaration in Support of Motion. (Romney, Walter) Modified to include the word redacted to title of document on 11/22/2022 (mh).
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Filing 105
MOTION to Seal Document #104 Affidavit/Declaration in Support of Motion,, Exhibit 4 to Declaration filed by Defendants Marc Heuberger, Navidium App. Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 104
AFFIDAVIT/DECLARATION of Ellie J. Barragry in Support re #96 Defendant's MOTION to Stay Discovery Pending Ruling on Defendants' Motions to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Exhibit 1 - Email and attachments from Chris Stackhouse re Attorney Planning Report, #2 Exhibit 2 - Email and attachments from Barragry to Stackhouse re filing of Attorney Planning Report, #3 Exhibit 3 - Email exchange 10-6-22 with Stackhouse re: Attorney Planning Report, #4 Exhibit 4 - Email exchange with attachments 10-6-22 re Attorney Planning Report)(Romney, Walter) Modified to temporarily seal exhibit 4 per chambers 108 remark on 11/22/2022 (mh).
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Filing 103
Amended REPLY to Response to Motion re #96 Defendant's MOTION to Stay Discovery Pending Ruling on Defendants' Motions to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction filed by Defendants Marc Heuberger, Navidium App. (Romney, Walter)
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Filing 102
REPLY to Response to Motion re #96 Defendant's MOTION to Stay Discovery Pending Ruling on Defendants' Motions to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction filed by Defendants Marc Heuberger, Navidium App. (Romney, Walter)
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Filing 101
Plaintiff's MEMORANDUM in Opposition re #96 Defendant's MOTION to Stay Discovery Pending Ruling on Defendants' Motions to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction filed by Plaintiff Route App. (Attachments: #1 Exhibit 1 to Plaintiff's Opposition to Defendants' Motion to Stay Discovery)(Krannich, Jess)
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Filing 100
Amended ORDER Resetting Hearing on Motion #96 Defendant's MOTION to Stay Discovery Pending Ruling on Defendants' Motions to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction. Motion Hearing reset for 11/23/2022 at 09:00 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Jared C. Bennett. **Please note date and time change.** Join ZoomGov Meetinghttps://www.zoomgov.com/j/1619687231?pwd=akdxSi85WVVWUUt5ZnlvSDEyOWVYZz09Meeting ID: 161 968 7231Passcode: 110770One tap mobile+16692545252,,1619687231#,,,,*110770# US (San Jose)+16468287666,,1619687231#,,,,*110770# US (New York)Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) +1 669 216 1590 US (San Jose) +1 551 285 1373 USMeeting ID: 161 968 7231Passcode: 110770Find your local number: https://www.zoomgov.com/u/abhzlZkfBo Signed by Magistrate Judge Jared C. Bennett on 11/16/2022. (tls)
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Filing 99
ORDER Setting ZOOM Hearing on Motion #96 Defendant's MOTION to Stay Discovery Pending Ruling on Defendants' Motions to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction : Motion Hearing set for 11/22/2022 at 01:00 PM in Judges Chambers before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 11/9/22. (ksm)
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Filing 98
DOCKET TEXT ORDER. On 11/9/2022, the court conducted a Scheduling Conference related to #93 MOTION for Extension of Time to File Initial Disclosures. After discussion with counsel, and in light of Defendants' filing of #96 Defendants' MOTION to Stay Discovery Pending Ruling on Defendants' Motions to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction, the court set the following briefing schedule for #96 : Plaintiff's response is due 11/16/2022; Defendants' reply, if any, is due 11/21/2022. Motion Hearing on #96 is set for 11/22/2022 at 1:00 p.m. via Zoom before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 11/09/2022. (docket text order; no attached document).(lc)
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Filing 97
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Scheduling Conference held on 11/9/2022. Counsel for all parties appeared by Zoom. After discussion with counsel, the court set the following briefing schedule for #96 Defendants' MOTION to Stay Discovery Pending Ruling on Defendants' Motions to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction: Plaintiff's response is due 11/16/2022; Defendants' reply, if any, is due 11/21/2022. Motion Hearing on #96 is set for 11/22/2022 at 1:00 p.m. via Zoom before Magistrate Judge Jared C. Bennett. Attorney for Plaintiff: Jess M. Krannich, Attorney for Defendants: Ellie J. Barragry, Richard I. Scharlat, and Walter A. Romney, Jr. Court Reporter: Electronic Zoom. (Time Start: 2:00 p.m., Time End: 2:24 p.m., Room Zoom.) (lc)
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Filing 96
Defendant's MOTION to Stay Discovery Pending Ruling on Defendants' Motions to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Exhibit 1 - Route App's First Requests for Production of Documents) Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 95
DOCKET TEXT ORDER granting in part and denying in part #93 Motion for Extension of Time. The court stays parties' deadline to exchange initial disclosures required by Fed. R. Civ. P. 26(a)(1) until after the November 9, 2022 Scheduling Conference. Signed by Magistrate Judge Jared C. Bennett on 11/01/2022. (docket text order; no attached document). (lc)
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Filing 94
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Defendant Navidium App's Motion to Dismiss for Lack of Personal Jurisdiction (Oral Argument Requested) filed by Defendants Marc Heuberger, Navidium App. (Romney, Walter)
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Filing 93
MOTION for Extension of Time to File Initial Disclosures filed by Defendants Marc Heuberger, Navidium App. Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 92
DOCKET TEXT ORDER granting #90 Motion for Initial Scheduling Conference. Scheduling Conference set for 11/9/2022 at 02:00 PM via Zoom before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 10/26/2022. (docket text order; no attached document). (lc)
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Filing 91
ORDER SETTING ZOOM HEARING OR TRIAL Scheduling Conference set for 11/9/2022 at 02:00 PM in Judges Chambers before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 10/26/22. (ksm)
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Filing 90
Stipulated MOTION for Initial Scheduling Conference and Memorandum in Support filed by Plaintiff Route App. Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 89
ORDER granting #80 Motion for Leave to File Sealed Document. Accordingly, ECF Nos. 83 and 86 shall remain under seal. Signed by Magistrate Judge Jared C. Bennett on 10/18/2022. (mh)
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Filing 88
CERTIFICATE OF SERVICE by Route App re #37 Order on Motion for Service of Process,, #79 Exhibits, #78 Amended Complaint (Attachments: #1 Exhibit 1 - Email)(Krannich, Jess)
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Filing 87
CERTIFICATE OF SERVICE by Route App re #86 Sealed Document, Redline of Complaint vs Amended Complaint (Krannich, Jess)
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Filing 86
**SEALED DOCUMENT** re #77 Stipulated MOTION Leave to Amend Complaint and Memorandum in Support of Motion for Leave to Amend Complaint filed by Plaintiff Route AppNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Mailing Certificate)(Krannich, Jess)
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Filing 85
CERTIFICATE OF SERVICE by Route App re #83 Sealed Document, Amended Complaint and Exhibits (Krannich, Jess)
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Filing 84
DOCKET TEXT ORDER GRANTING Plaintiff leave to file First Amended Complaint re #77 . It is further ORDERED that Defendant's Motion for Judgment on the Pleadings re #74 is DISMISSED without prejudice AS MOOT. Signed by Judge Ted Stewart on 10/17/2022. No attached document. (rcw)
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Filing 83
**SEALED DOCUMENT** re #79 Exhibits, #78 Amended Complaint filed by Plaintiff Route AppNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A and B to Amended Complaint, #2 Exhibit Mailing Certificate)(Krannich, Jess)
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Filing 82
DOCKET TEXT ORDER GRANTING Plaintiff leave to file First Amended Complaint re #77 . It is further ORDERED that Defendant's Motion for Judgment on the Pleadings re #74 is DISMISSED without prejudice AS MOOT. No attached document. Signed by Judge Ted Stewart on 10/17/2022. (rcw)
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Filing 81
Motion No Longer Referred: #77 Stipulated MOTION Leave to Amend Complaint and Memorandum in Support of Motion for Leave to Amend Complaint. District judge will decide. (lc)
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Filing 80
Plaintiff's MOTION for Leave to File Sealed Document re #79 Exhibits, #78 Amended Complaint filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Motion for Leave to File Under Seal) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 79
EXHIBITS filed by Route App re #78 Amended Complaint. (Krannich, Jess)
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Filing 78
REDACTED AMENDED COMPLAINT against All Defendants with Jury Demand. Removed Defendants: ElevatiONE. filed by Route App. (Krannich, Jess) Modified to add redacted text on 10/18/2022 (mh).
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Filing 77
Stipulated MOTION Leave to Amend Complaint and Memorandum in Support of Motion for Leave to Amend Complaint filed by Plaintiff Route App. (Attachments: #1 Exhibit 1 - Amended Complaint - Redacted, #2 Exhibit 2 - Redline of Complaint vs Amended Complaint - Redacted, #3 Text of Proposed Order Proposed Order Granting Leave to Amend Complaint) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 76
DOCKET TEXT ORDER TO COMPLY WITH ORDER TO PROPOSE SCHEDULE. The parties have filed #75 REPORT OF ATTORNEY PLANNING MEETING, which contains disputed matters concerning a proposed scheduling order. The parties have failed to follow the instructions set forth in Paragraph 2 of #7 ORDER TO PROPOSE SCHEDULE. In the event the parties file a joint Attorney Planning Meeting Report, but cannot agree upon a proposed scheduling order, the filing of a motion is required. The parties are hereby ordered to comply with Paragraph 2 within 14 days of the date of this order. Signed by Magistrate Judge Jared C. Bennett on 10/11/2022. (lc)
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Filing 75
REPORT OF ATTORNEY PLANNING MEETING. (Krannich, Jess)
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Filing 74
Defendant's MOTION for Judgment on the Pleadings filed by Defendant Marc Heuberger. (Romney, Walter)
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Filing 73
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Route App identifying None as Corporate Parent. (Krannich, Jess)
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Filing 72
DOCKET TEXT ORDER TO COMPLY WITH ORDER TO PROPOSE SCHEDULE. The deadline to comply with Paragraph 2 of #7 ORDER TO PROPOSE SCHEDULE has expired. The parties are hereby ordered to comply within 14 days of the date of this order. Signed by Magistrate Judge Jared C. Bennett on 09/23/2022. (docket text order; no attached document). (lc)
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Filing 71
ANSWER to Complaint filed by Marc Heuberger.(Romney, Walter)
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Filing 70
MEMORANDUM DECISION AND ORDER denying #52 Motion to Dismiss for Failure to State a Claim ; granting #52 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Ted Stewart on 9/8/2022. (alf)
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Filing 69
REPLY to Response to Motion re #52 Defendant's MOTION to Dismiss for Failure to State a Claim Defendant's MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Defendants Marc Heuberger, Navidium App. (Romney, Walter)
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Filing 68
MEMORANDUM in Opposition re #52 Defendant's MOTION to Dismiss for Failure to State a Claim Defendant's MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Plaintiff Route App. (Krannich, Jess)
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Filing 66
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Preliminary Injunction held on 7/20/22 before Judge Ted Stewart. Court Reporter/Transcriber Rebecca Janke, Telephone number (801) 521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/19/2022. Redacted Transcript Deadline set for 9/9/2022. Release of Transcript Restriction set for 10/27/2022. (alf) Modified to remove restricted text on 10/27/2022 (jl).
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Filing 65
MEMORANDUM DECISION AND ORDER denying #4 Motion for TRO; denying #4 Motion for Preliminary Injunction. Signed by Judge Ted Stewart on 7/26/22. (alf)
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Filing 64
Minute Entry for proceedings held before Judge Ted Stewart: Motion Hearing held on 7/20/2022 re: #4 Redacted MOTION for Temporary Restraining Order; Redacted MOTION for Preliminary Injunction filed by Route App. Discussion and argument heard. The Court takes the matter under advisement and will issue a ruling as soon as possible. Attorney for Plaintiff: Jess Krannich, Christopher Mack, Attorney for Defendant: Richard Scharlat, Walter Romney. Court Reporter: Rebecca Janke.(rlr)
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Filing 63
Plaintiff's MEMORANDUM in Support re #4 Redacted MOTION for Temporary Restraining Order Redacted MOTION for Preliminary Injunction filed by Plaintiff Route App. (Attachments: #1 Exhibit A - Letter from Counsel dated 4/18/22, #2 Exhibit B - Rebuttal Declaration of Mike Moreno)(Krannich, Jess)
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Filing 62
**SEALED DOCUMENT** re #51 Affidavit/Declaration in Support of Motion, filed by Plaintiff Route AppNOTE: Filer is instructed to serve the sealed document on all other parties.. (Krannich, Jess)
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Filing 61
ORDER - Defendants' #53 Objections to the Second Declarations of Jason Nelson and Clare Peterson is OVERRULED. It is further ORDERED that Defendants' #56 Motion for Leave to File a Supplemental Response to the Second Declarations of Jason Nelson and Clare Peterson is GRANTED. It is further ORDERED that the parties may not file additional documents regarding Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction without first being granted leave of the Court. Signed by Judge Ted Stewart on 07/12/2022. (jl)
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Filing 60
ERRATA to #52 Defendant's MOTION to Dismiss for Failure to State a Claim Defendant's MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Defendants Marc Heuberger, Navidium App . (Romney, Walter)
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Filing 59
NOTICE OF DEFICIENCY re #5 Plaintiff's SEALED MOTION and Memorandum in Support, #50 Plaintiff's MOTION for Leave to File Sealed Document, #51 Affidavit/Declaration in Support of Motion. The sealed version of the #4 Redacted Motion for TRO/Motion for Preliminary Injunction should not have been filed as a "Sealed Motion" but as a "Sealed Document" so that there are not 2 pending duplicate motions in the case - this error has caused text to be repeated multiple times in related entries, rendering the docket hard to read. Also, filers are not filing in in compliance with DUCivR 5-3(b) or the directions available on the court's website. When filing under seal, filers are to first file the redacted version of the document, then file a Motion for Leave to File Sealed Document, and then file the Sealed Document (the sealed version of the redacted document). The clerk requests the filer of the original document file the sealed version of their affidavit using the "Sealed Document" filing event. The clerk has terminated the incorrectly filed duplicate #5 "Sealed Motion" - the redacted version filed as #4 should be the only motion linked to and edits will be made to the docket entries to clarify this and remove the repetitive text from various entries. (alt)
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Filing 58
ORDER granting #50 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Jared C. Bennett on 07/08/2022. (jl)
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Filing 57
Motion No Longer Referred to Magistrate Judge Jared C. Bennett: #56 MOTION for Leave to File a Supplemental Response to the Second Declarations of Jason Nelson and Clare Peterson. The district judge will handle the motion. (aja)
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Filing 56
MOTION for Leave to File a Supplemental Response to the Second Declarations of Jason Nelson and Clare Peterson filed by Defendants Marc Heuberger, Navidium App. Motions referred to Jared C. Bennett.(Scharlat, Richard)
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Filing 55
ERRATA to #52 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM andDefendant's MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Defendants Marc Heuberger, Navidium App . (Romney, Walter)
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Filing 54
RESPONSE to Motion re #4 Redacted MOTION for Temporary Restraining Order, Redacted MOTION for Preliminary Injunction filed by Defendants Marc Heuberger, Navidium App. (Attachments: #1 Affidavit Declaration of Ellie J. Barragry)(Romney, Walter) Modified on 7/11/2022: removed incorrect links and repetitive text (alt)
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Filing 53
OBJECTIONS to #4 Redacted MOTION for Temporary Restraining Order Redacted MOTION for Preliminary Injunction filed by Marc Heuberger, Navidium App. (Romney, Walter) Modified on 7/11/2022: cleaned up entry text (alt)
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Filing 52
Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, Defendant's MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Defendants Marc Heuberger, Navidium App. Attorney Walter A. Romney, Jr added to party Navidium App(pty:dft)(Romney, Walter)
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Filing 51
Redacted AFFIDAVIT/DECLARATION of Clara Peterson in Support re #4 Redacted MOTION for Temporary Restraining Order Redacted MOTION for Preliminary Injunction filed by Plaintiff Route App. (Krannich, Jess) Modified on 7/11/2022: removed incorrect links and repetitive text (alt)
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Filing 50
Plaintiff's MOTION for Leave to File Sealed Document filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Order Granting Plaintiff's Motion for Leave to File Under Seal Second Declaration of Clare Peterson) Motions referred to Jared C. Bennett.(Mack, Christopher) Modified on 7/11/2022: removed incorrect links and repetitive text - motion was incorrectly filed before the redacted version of the document it seeks to seal (alt)
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Filing 49
Second AFFIDAVIT/DECLARATION of Jason Nelson in Support #4 Redacted MOTION for Temporary Restraining Order Redacted MOTION for Preliminary Injunction filed by Plaintiff Route App. (Krannich, Jess) Modified on 7/11/2022: removed incorrectly linked entry and repetitive text (alt)
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Filing 48
AFFIDAVIT of /Declaration of Ellie J. Barragry re #44 Response to Motion, filed by Marc Heuberger. (Romney, Walter)
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Filing 47
Modification of Docket re #44 Response to Motion : Exhibit 1 to document has been stricken and will be refiled as separate document.(alf)
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Filing 46
AFFIDAVIT/DECLARATION of Ari Goldberg in Opposition re #4 Redacted MOTION for Temporary Restraining Order and Memorandum in Support of Temporary Restraining OrderRedacted MOTION for Preliminary Injunction and Memorandum in Support of Preliminary Injunction filed by Defendant Marc Heuberger. (Romney, Walter)
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Filing 45
AFFIDAVIT/DECLARATION of Marc Heuberger in Opposition re #4 Redacted MOTION for Temporary Restraining Order and Memorandum in Support of Temporary Restraining OrderRedacted MOTION for Preliminary Injunction and Memorandum in Support of Preliminary Injunction filed by Defendant Marc Heuberger. (Romney, Walter)
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Filing 44
RESPONSE to Motion re #4 Redacted MOTION for Temporary Restraining Order and Memorandum in Support of Temporary Restraining OrderRedacted MOTION for Preliminary Injunction and Memorandum in Support of Preliminary Injunction filed by Defendant Marc Heuberger. (Attachments: # 1 Exhibit A - Declaration of Ellie Barragry) (Romney, Walter) Modified on 7/6/2022 - stricken per telecon with counsel, will be refiled as separate document (alf).
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Filing 43
NOTICE OF HEARING ON MOTION re: #4 Redacted MOTION for Temporary Restraining Order and Memorandum in Support of Temporary Restraining OrderRedacted MOTION for Preliminary Injunction and Memorandum in Support of Preliminary Injunction : (Notice generated by Chambers (rlr)). Motion Hearing set for 7/20/2022 at 11:00 AM in-person in Rm 8.300 before Judge Ted Stewart. This hearing is set for 1 hour and 30 minutes. (rlr)
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Filing 42
MEMORANDUM DECISION denying #25 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Ted Stewart on 6/28/22. (alf)
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Filing 41
DOCKET TEXT ORDER granting #39 Motion to Modify Order and Establish Schedule. Signed by Judge Ted Stewart on 6/28/22. No attached document. (kk)
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Filing 40
Motions No Longer Referred to Magistrate Judge Jared C. Bennett: #39 MOTION Modify Order and Establish Schedule. The district judge will decide the motion. (aja)
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Filing 39
MOTION Modify Order and Establish Schedule filed by Defendant Marc Heuberger. Motions referred to Jared C. Bennett.(Romney, Walter)
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Filing 38
CERTIFICATE OF SERVICE by Route App re #37 Order on Motion for Service of Process,, #5 *SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support, #14 Summons Issued Electronically, #15 Summons Issued Electronically, #4 Redacted MOTION for Temporary Restraining Order and Memorandum in Support of Temporary Restraining OrderRedacted MOTION for Preliminary Injunction and Memorandum in Support of Preliminary Injunction, #2 Complaint, #3 Sealed Document, (Attachments: #1 Exhibit Exhibit 1 to Certificate of Service)(Krannich, Jess)
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Filing 37
ORDER granting #35 Motion for Service of Process - it is hereby ORDERED that Plaintiff serve by email this Court order on Defendants Marc Heuberger and Navidium App and file proof of service with the Court. It is further ORDERED that Defendants Marc Heuberger and Navidium App shall file a responsive pleading to Plaintiff's Complaint with this Court within twenty-one (21) days of service of this Order. It is further ORDERED that Plaintiff serve by registered mail Defendant ElevatiONE by July 27, 2022. Signed by Judge Ted Stewart on 06/08/2022. (jl)
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Filing 36
Motion No Longer Referred to Magistrate Judge Jared C. Bennett: #35 Plaintiff's Renewed MOTION for Alternative Service of Process. The motion will be decided by the District Judge. (aja)
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Filing 35
Plaintiff's MOTION for Service of Process. Summons to be served on: Defendants Heuberger, Navidium, and ElevatiONE and Memorandum in Support of Renewed Motion for Alternative Service and To Extend Time to Effectuate Service filed by Plaintiff Route App. (Attachments: #1 Exhibit Exhibit 1 to Renewed Motion for Alternative Service, #2 Exhibit Exhibit 2 to Renewed Motion for Alternative Service, #3 Text of Proposed Order Proposed Order Granting Renewed Motion for Alternative Service and to Extend Time to Effectuate Service) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 34
Second AFFIDAVIT/DECLARATION of Marc Heuberger in Support re #25 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support (Personal Jurisdiction) filed by Defendant Marc Heuberger. (Attachments: #1 Exhibit 1 to Second Declaration, #2 Exhibit 2 to Second Declaration)(Romney, Walter)
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Filing 33
REPLY MEMORANDUM in Support re #25 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support (Personal Jurisdiction) filed by Defendant Marc Heuberger. (Romney, Walter) Modified on 6/3/2022 added reply, per filer request (nl).
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Filing 32
MEMORANDUM DECISION and Order denying #28 Motion for Alternative Service of Pleadings. Signed by Judge Ted Stewart on 06/01/2022. (jl)
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Filing 31
Motion No Longer Referred to Magistrate Judge Jared C. Bennett: #28 Plaintiff's MOTION for Alternative Service. This motion will be handled by the District Judge. (aja)
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Filing 30
Motions No Longer Referred: #28 Plaintiff's MOTION for Service of Pleading(s) to be served: Summons, Complaint, Other documents filed in this case and Memorandum in Support of Motion for Alternative Service (tlc)
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Filing 29
Plaintiff's MEMORANDUM in Opposition re #25 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support (Personal Jurisdiction) filed by Plaintiff Route App. (Attachments: #1 Exhibit Exhibits 1-3)(Krannich, Jess)
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Filing 28
Plaintiff's MOTION for Service of Pleading(s) to be served: Summons, Complaint, Other documents filed in this case and Memorandum in Support of Motion for Alternative Service filed by Plaintiff Route App. (Attachments: #1 Exhibit Exhibits 1-8) Motions referred to Jared C. Bennett.(Krannich, Jess) (Additional attachment(s) added on 5/27/2022: #2 Text of Proposed Order) (alf).
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Filing 27
DOCKET TEXT ORDER re #25 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support (Personal Jurisdiction) filed by Marc Heuberger. Plaintiff is ordered to respond within 14 days and Defendants may file a reply within 7 days thereafter.Plaintiff is further ordered to serve all Defendants within 14 days. No attached document. Signed by Judge Ted Stewart on 5/24/22. (kk)
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Filing 26
DOCKET TEXT ORDER granting #22 Motion to Strike 10 Notice of Hearing on Motion. The hearing on the Motion for Temporary Restraining Order and Preliminary Injunction is STRICKEN. Signed by Judge Ted Stewart on 5/24/22. No attached document. (kk)
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Deadlines/Hearings terminated. Hearing on Motion for Temporary Restraining Order and Preliminary Injunction is stricken. (kk)
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Filing 25
MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support (Personal Jurisdiction) filed by Defendant Marc Heuberger. (Attachments: #1 Exhibit A - Declaration of Mark Heuberger)(Romney, Walter)
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Filing 24
Plaintiff's RESPONSE to Motion re #22 MOTION to Strike and Memorandum in Support June 1, 2022 Hearing and Set Briefing on Personal Jurisdiction filed by Plaintiff Route App. (Attachments: #1 Exhibit Exhibit 1 to Response in Opposition to Defendant's Motion)(Krannich, Jess)
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Filing 23
Motion No Longer Referred to Magistrate Judge Jared C. Bennett: #22 MOTION to Strike June 1, 2022 Hearing and Set Briefing on Personal Jurisdiction. District Judge Ted Stewart will handle the motion. (jcd)
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Filing 22
MOTION to Strike and Memorandum in Support June 1, 2022 Hearing and Set Briefing on Personal Jurisdiction filed by Defendant Marc Heuberger. Motions referred to Jared C. Bennett.(Barragry, Ellie)
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Filing 21
RESPONSE re #16 Notice of Limited Appearance, filed by Route App. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3, #4 Exhibit Ex 4, #5 Exhibit Ex 5, #6 Exhibit Ex 6, #7 Exhibit Ex 7)(Collier, Jonathan)
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Filing 20
ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Richard I. Scharlat for Marc Heuberger.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 Ted Stewart on 5/18/2022. (reb)
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Filing 19
ORDER granting #17 Motion for Admission Pro Hac Vice of Attorney Ellie J. Barragry for Marc Heuberger.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 Ted Stewart on 5/18/2022. (reb)
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Filing 18
MOTION for Admission Pro Hac Vice of Richard I. Scharlat , Registration fee $ 250, receipt number AUTDC-4335871,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 Marc Heuberger. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission (Scharlat), #2 Text of Proposed Order Order Granting Pro Hac Vice Admission)(Romney, Walter)
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Filing 17
MOTION for Admission Pro Hac Vice of Ellie J. Barragry , Registration fee $ 250, receipt number AUTDC-4335849,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 Marc Heuberger. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Order Granting Pro Hac Vice Admission)(Romney, Walter)
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Filing 16
NOTICE of LIMITED APPEARANCE by Walter A. Romney, Jr on behalf of Marc Heuberger for purpose of contesting personal jurisdiction (Romney, Walter)
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Filing 15
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Navidium App. 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. (ks)
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Filing 14
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Marc Heuberger. 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. (ks)
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Filing 13
**RESTRICTED DOCUMENT**Summons Issued Electronically as to ElevatiONE. 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. (ks)
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Filing 12
ORDER granting #11 Motion for Leave to File Sealed Document. Signed by Judge Jared C. Bennett on 5/6/2022. (reb) Modified on 5/6/2022 Correcting Judge (reb).
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Filing 11
Plaintiff's MOTION for Leave to File Sealed Document re #5 *SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support, #3 Sealed Document, #9 Certificate of Service, filed by Plaintiff Route App. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to File Under Seal) Motions referred to Jared C. Bennett.(Krannich, Jess)
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Filing 10
NOTICE OF HEARING ON MOTION re: #4 Redacted MOTION for Temporary Restraining Order and Memorandum in Support of Temporary Restraining OrderRedacted MOTION for Preliminary Injunction and Memorandum in Support of Preliminary Injunction; #5 *SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support, : (Notice generated by Chambers (rlr)). Motion Hearing set for 6/1/2022 at 10:00 AM in Rm 8.300 before Judge Ted Stewart. (rlr)
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Filing 9
CERTIFICATE OF SERVICE by Route App re #5 *SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support*SEALED DOCUMENT*Plaintiff's SEALED MOTION and Memorandum in Support Amended Mailing Certificate (Krannich, Jess)
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Filing 8
CERTIFICATE OF SERVICE by Route App re #3 Sealed Document, Amended Mailing Certificate for Sealed Unredacted Complaint (Krannich, Jess)
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Filing 7
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 Jared C. Bennett on 04/29/2022. (jl)
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Ted Stewart on 4/29/2022. (tlc)
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Filing 5
*SEALED DOCUMENT*SEALED DOCUMENT re #4 Redacted MOTION for Temporary Restraining Order, Redacted MOTION for Preliminary Injunction Plaintiff's SEALED MOTION and Memorandum in Support filed by Plaintiff Route App. (Attachments: #1 Exhibit Exhibit A - Peterson Declaration with Exhibits (Unredacted), #2 Exhibit Exhibit B - Fisher Declaration, #3 Exhibit Exhibit C - Nelson Declaration)(Krannich, Jess) Modified on 7/11/2022: terminated this "motion" so that there is only one pending motion in the case (alt).
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Filing 4
Redacted MOTION for Temporary Restraining Order and Memorandum in Support of Temporary Restraining Order, Redacted MOTION for Preliminary Injunction and Memorandum in Support of Preliminary Injunction filed by Plaintiff Route App. (Attachments: #1 Exhibit Exhibit A - Declaration of Peterson with Exhibits - Redacted, #2 Exhibit Exhibit B - Declaration of Fisher, #3 Exhibit Exhibit C - Declaration of Nelson with Exhibits - Redacted)(Krannich, Jess) Modified on 7/11/2022: corrected carry-forward entry text (alt)
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Filing 3
**SEALED DOCUMENT** re #2 Complaint filed by Plaintiff Route AppNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Mailing Certificate for Unredacted Complaint)(Krannich, Jess)
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4320217) filed by Route App. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Ted Stewart (Krannich, Jess)
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Filing 1
Case has been indexed and assigned to Judge Ted Stewart. Plaintiff Route App 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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