Ion Solar et al v. Andrus et al
| Ion Solar and Solar Sales |
| Dallin Andrus, Dean Stemple, Andrew Curley, Melinda Dunivan, Andy Ruiz, Spencer Redfern, Sam Principe and Zuna Solar |
| Neal Damron and Brian Colaianni |
| 2:2022cv00311 |
| May 6, 2022 |
| US District Court for the District of Utah |
| Tena Campbell |
| Cecilia M Romero |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal- Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on June 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 NOTICE VACATING EVIDENTIARY HEARING set for 6/27/2022 at 10:00 a.m. before Judge Tena Campbell. The court has been notified by plaintiff's counsel that the case has been settled and settlement documents are forthcoming. (cff) |
| Filing 31 Plaintiff's REPLY to Response to Motion re #10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Ion Solar, Solar Sales. (Attachments: #1 Exhibit A Affidavit of Maria Corado)(Gregson, Ashley) |
| Filing 30 ERRATA to #18 Affidavit, filed by Plaintiffs Ion Solar, Solar Sales . (Attachments: #1 Errata Exhibit 1 - Curley Independent Contractor Agreement, #2 Errata Exhibit 2 - Damron Independent Contractor Agreement)(Gregson, Ashley) |
| Filing 29 ERRATA to #10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Ion Solar, Solar Sales . (Attachments: #1 Errata Exhibit D - Curley Independent Contractor Agreement, #2 Errata Exhibit E - Damron Independent Contractor Agreement)(Gregson, Ashley) |
Filing 28
ORDER granting #25 Motion for Extension of Time to Answer re #17 Counterclaim. Answer deadlines updated for: Ion Solar answer due 6/27/2022; Solar Sales answer due 6/27/2022. Signed by Judge Tena Campbell on 6/17/22 (alt)
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Filing 27
DOCKET TEXT ORDER granting #26 Motion for Leave to File Overlength Reply. Signed by Judge Tena Campbell on 06/17/2022. No attached document. (aer)
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| Filing 26 MOTION for Leave to File Overlength Reply and Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction filed by Plaintiffs Ion Solar, Solar Sales. (Attachments: #1 Text of Proposed Order)(Gregson, Ashley) |
| Filing 25 Stipulated MOTION for Extension of Time to File Answer re #17 Answer to Complaint (Notice of Removal),, Counterclaim, and Memorandum in Support filed by Plaintiffs Ion Solar, Solar Sales. (Attachments: #1 Text of Proposed Order)(Gregson, Ashley) |
| Filing 24 MEMORANDUM in Opposition re #10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants Dallin Andrus, Andrew Curley, Neal Damron, Zuna Solar. (Attachments: #1 Exhibit 1 - Andrus Declaration, #2 Exhibit 2 - Andrus Direct Seller Agreement, #3 Exhibit 3 - Andrus Mutual Termination Agreement, #4 Exhibit 4 - Social Media Posts, #5 Exhibit 5 - Curley Declaration, #6 Exhibit 6 - Curley Direct Seller Agreement, #7 Exhibit 7 - Curley Independent Contractor Agreement, #8 Exhibit 8 - Curley Ion Text Messages, #9 Exhibit 9 - Curley Phone Record, #10 Exhibit 10 - Curley Jenkins Text Messages, #11 Exhibit 11 - Damron Declaration, #12 Exhibit 12 - Damron Independent Contractor Agreement, #13 Exhibit 13 - Damron Ion Text Messages)(Olsen, Kade) |
| Filing 23 EXHIBITS 2 and 4 consisting of 2 encrypted video files on a single flash drive filed by Ion Solar, Solar Sales, re #19 Affidavit of Iris Alexander. The video files are not uploaded to the docket due to non-PDF file type and will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (alt) |
| Filing 22 CLERK'S NOTICE OF ERROR re #21 Notice of Conventional Filing. Description of error: document has wrong judge information on it. Filers are reminded to keep track of any/all judge reassignments and ensure that all case information on documents matches that appearing at the top of each CM/ECF screen before submitting same. (alt) |
| Filing 21 NOTICE OF CONVENTIONAL FILING of Exhibits 2 and 4 to Affidavit of Iris Alexander filed by Plaintiffs Ion Solar, Solar Sales, Counter Defendants Ion Solar, Solar Sales re #19 Affidavit, (Gregson, Ashley) |
| Filing 20 AFFIDAVIT of Alonzo Jenkins filed by Ion Solar, Solar Sales. (Attachments: #1 Exhibit 1- March 9, 2022 Text Message, #2 Exhibit 2- Text Message)(Gregson, Ashley) |
| Filing 19 AFFIDAVIT of Iris Alexander filed by Ion Solar, Solar Sales. (Attachments: #1 Exhibit 1- Transcript of Video, #2 Exhibit 2- Video (Conventionally Filed), #3 Exhibit 3- Transcript of Video, #4 Exhibit 4- Video (Conventionally Filed))(Gregson, Ashley) |
| Filing 18 AFFIDAVIT of Jeremy Call filed by Ion Solar, Solar Sales. (Attachments: #1 Exhibit 1- Curley Independent Contractor Agreement, #2 Exhibit 2- Damron Independent Contractor Agreement, #3 Exhibit 3- Cease and Desist Letters, #4 Exhibit 4- Direct Seller Agreement, #5 Exhibit 5- Mutual Termination Agreement)(Gregson, Ashley) |
| Filing 17 ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand, COUNTERCLAIM against All Plaintiffs filed by Andy Ruiz, Brian Colaianni, Dallin Andrus, Andrew Curley, Spencer Redfern, Neal Damron, Dean Stemple, Melinda Dunivan, Sam Principe. Dft Zuna Solar files only the Answer, not the Counterclaim. (Olsen, Kade) Modified on 5/31/2022: added clarification entry text re: Zuna (alt) |
| Filing 16 AFFIDAVIT of Jarrell Chandler filed by Ion Solar, Solar Sales. (Attachments: #1 Exhibit 1- Text Messages)(Gregson, Ashley) |
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Filing 15
SCHEDULING ORDER Setting Evidentiary Hearing and briefing deadlines as to #10 MOTION for Preliminary Injunction. Evidentiary Motion Hearing set for 6/27/2022 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. Signed by Judge Tena Campbell on 5/24/22 (alt)
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| Filing 14 Minute Entry for proceedings held before Judge Tena Campbell: Status Conference held on 5/24/2022. Counsel appear in person and the court hears argument regarding the Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 10). Based on the representations of counsel, the court sets an evidentiary hearing set for 6/27/2022 at 10:00 AM in Rm 3.400. If out-of-town witnesses are not available to testify in person, they may testify via ZOOM. Arrangements must be made with the court some time before the hearing date. The court will issue a scheduling order that sets forth the dates for submission of affidavits and/or declarations. Attorney for Plaintiff: Ashley M. Gregson. Attorneys for Defendant: J. Ryan Mitchell and Kade N. Olsen. Court Reporter: Kelly Hicken.(cff) |
| Modification of Docket re #10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Error: Motion requesting 2 different reliefs was filed with only one relief, "Temporary Restraining Order", selected. Correction: Second relief, "Preliminary Injunction" has been added to the entry. (alt) |
| Filing 13 NOTICE OF HEARING: (Notice generated by Chris Ford) Status Conference set for 5/24/2022 at 01:30 PM in Rm 3.400 before Judge Tena Campbell. PLEASE NOTE THAT THIS HEARING WILL BE CONDUCTED "IN PERSON" IN COURTROOM 3.400. (cff) |
| Filing 12 Case Reassigned to District Judge per Docket Text Order 11 . Case randomly assigned to Judge Tena Campbell. Magistrate Judge Cecilia M. Romero no longer assigned to the case. (alf) |
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Filing 11
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Pursuant to court policy, Plaintiff's filing of a motion for a temporary restraining order renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Cecilia M. Romero on 05/20/2022. No document attached. (tmb)
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| Filing 10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Ion Solar, Solar Sales. (Attachments: #1 Exhibit Declaration of Jeremy Call, #2 Exhibit Andrus Direct Seller Agreement, #3 Exhibit Termination Agreement, #4 Exhibit Curley Ind. Contractor Agreement, #5 Exhibit Damron Ind. Contractor Agreement, #6 Exhibit Declaration of Jarrell Chandler, #7 Exhibit Zuna Incorporation Record, #8 Exhibit Cease and Desist I, #9 Exhibit Cease and Desist II, #10 Exhibit Declaration of Iris Alexander- Revised, #11 Exhibit Declaration of Alonzo Jenkins)(Gregson, Ashley). Added MOTION for Preliminary Injunction and corrected entry text on 5/24/2022 (alt) |
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Filing 9
ORDER granting #8 Motion for Leave to File Overlength Motion for Temporary Restraining Order and Preliminary Injunction not to exceed 29 pages. Signed by Magistrate Judge Cecilia M. Romero on 5/20/22. (alf)
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| Filing 8 MOTION for Leave to File Overlength Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support filed by Plaintiff Ion Solar. (Attachments: #1 Text of Proposed Order)(Gregson, Ashley) |
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Filing 7
ORDER granting #6 Motion for Extension of Time to Answer re Complaint contained in #2 Notice of Removal. Answer deadline updated for All Defendants to 5/27/2022. Signed by Magistrate Judge Cecilia M. Romero on 5/13/22. (alf)
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| Filing 6 Stipulated MOTION for Extension of Time to File Answer re #2 Notice of Removal,, and Memorandum in Support filed by Defendants Dallin Andrus, Brian Colaianni, Andrew Curley, Neal Damron, Melinda Dunivan, Sam Principe, Spencer Redfern, Andy Ruiz, Dean Stemple, Zuna Solar. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion For Extension To File Responsive Pleading)(Olsen, Kade) |
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Filing 5
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Cecilia M. Romero on 5/11/22. (alf)
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| Filing 4 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Dallin Andrus, Brian Colaianni, Andrew Curley, Neal Damron, Melinda Dunivan, Sam Principe, Spencer Redfern, Andy Ruiz, Dean Stemple, Zuna Solar, Plaintiffs Ion Solar, Solar Sales. Form due by 5/23/2022. (alf) |
| Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendants Dallin Andrus, Brian Colaianni, Andrew Curley, Neal Damron, Melinda Dunivan, Sam Principe, Spencer Redfern, Andy Ruiz, Dean Stemple, Zuna Solar, Plaintiffs Ion Solar, Solar Sales. (mh) |
| Filing 2 NOTICE OF REMOVAL from Fourth District Court, Utah County, case number 220100048, (Filing fee $ 402, receipt number AUTDC-4326639) filed by Zuna Solar, Andy Ruiz, Brian Colaianni, Dallin Andrus, Andrew Curley, Spencer Redfern, Neal Damron, Dean Stemple, Melinda Dunivan, Sam Principe. (Attachments: #1 Civil Cover Sheet (Civil Cover Sheet), #2 Exhibit A - State Court Complaint, #3 Exhibit B - State Court Docket Sheet, #4 Exhibit C - Summonses and Proofs of Service) Assigned to Magistrate Judge Cecilia M. Romero (Olsen, Kade) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Defendants Brian Colaianni, Neal Damron, Spencer Redfern are directed to E-File the Notice of Removal 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. (mh) |
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