Carebourn Capital et al v. Standard Registrar and Transfer et al
| Carebourn Capital and More Capital |
| Standard Registrar and Transfer, Darkpulse, Amy Merrill, Dennis O'Leary, Thomas Seifert, Carl Eckel, Anthony Brown and Faisal Farooqui |
| 2:2022cv00346 |
| May 20, 2022 |
| US District Court for the District of Utah |
| David Barlow |
| Jared C Bennett |
| Cecilia M Romero |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.
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Filing 55
DOCKET TEXT ORDER denying #51 Motion to Withdraw as Counsel. Attorney Sara Pfrommer (Counsel) filed #51 Motion to Withdraw as Counsel seeking "to withdraw as local counsel for Plaintiffs" (ECF 51 at 1). This Motion does not comply with DUCivR 83-1.4(c) requirements. The Plaintiffs' remaining counsel in this case were admitted Pro Hac Vice and are not permitted to appear without local counsel. See DUCivR 83-1.1(c)(2). Counsel's withdrawal would leave Plaintiffs without representation. Counsel may refile another motion consistent with DUCivR 83-1.4(c). No attached document. Signed by Magistrate Judge Cecilia M. Romero on 5/2/2023. (afm)
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Filing 54
ORDER REFERRING MOTION #51 MOTION to Withdraw as Counsel filed by More Capital, Carebourn Capital Motions referred to Cecilia M. Romero. Signed by Judge David Barlow on 05/02/2023. (aja)
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Filing 53
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 05/02/2023. (aja)
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Filing 52
MEMORANDUM in Opposition re #51 MOTION to Withdraw as Counsel filed by Defendants Anthony Brown, Darkpulse, Carl Eckel, Faisal Farooqui, Dennis O'Leary, Thomas Seifert. (Attachments: #1 Exhibit Dealer Decision)(Benzenberg, Eric)
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Filing 51
MOTION to Withdraw as Counsel filed by Plaintiffs Carebourn Capital, More Capital. (Pfrommer, Sara)
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Filing 50
MEMORANDUM DECISION AND ORDER- granting in part and denying in part #25 Motion to Dismiss; denying without prejudice #33 Motion to Dismiss for Failure to State a Claim and denying without prejudice #35 Motion for Sanctions. The action shall be STAYED pending the conclusion of S.E.C. v. Carebourn Capital, L.P. or until further order of the court. Within twenty-eight (28) days after the SEC action resolves, the parties shall submit a status report and file a motion to lift the stay. Concurrent with the motion to lift the stay, the parties shall file a proposed schedule for resolution of claims remaining in this case with an attorneys' planning meeting report and a proposed scheduling order. The parties may refile the motions dismissed herein without prejudice once the court lifts the stay. Signed by Judge David Barlow on 2/10/2023. (mh)
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Filing 49
REPLY to Response to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Anthony Brown, Darkpulse, Carl Eckel, Faisal Farooqui, Dennis O'Leary, Thomas Seifert. (Benzenberg, Eric)
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Filing 48
REPLY to Response to Motion re #35 MOTION for Sanctions and Memorandum in Support filed by Defendants Anthony Brown, Darkpulse, Carl Eckel, Faisal Farooqui, Dennis O'Leary, Thomas Seifert. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Benzenberg, Eric)
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Filing 47
Third Party RESPONSE to Motion re #35 MOTION for Sanctions and Memorandum in Support filed by Plaintiffs Carebourn Capital, More Capital. (Pfrommer, Sara)
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Filing 46
MEMORANDUM in Opposition re #35 MOTION for Sanctions and Memorandum in Support filed by Plaintiff Carebourn Capital. (Hutton, Lee)
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Filing 45
MEMORANDUM in Opposition re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Carebourn Capital. (Attachments: #1 Affidavit Word Count)(Hutton, Lee)
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Filing 44
MEMORANDUM in Opposition re #35 MOTION for Sanctions and Memorandum in Support filed by Plaintiff Carebourn Capital. (Hutton, Lee)
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Filing 43
DOCKET TEXT ORDER granting #42 Plaintiffs' Motion for Extension of Time to File Response to #33 Defendants' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #35 Defendants' MOTION FOR SANCTIONS. Plaintiffs shall have through January 4, 2023 to file their responses to the above-referenced motions. Signed by Judge David Barlow on 12/20/2022. No attached document. (aja)
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Filing 42
MOTION for Extension of Time to File Response/Reply as to #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , #35 MOTION for Sanctions and Memorandum in Support and Memorandum in Support filed by Plaintiffs Carebourn Capital, More Capital. (Pfrommer, Sara)
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Filing 41
NOTICE: The court received a bounce-back notification indicating that the primary email address khahn@thehuttonfirm.com, for attorney Kyle Patrick Hahn is invalid. Under DUCivR 83-1.2(e) and 83-1.3(e), attorneys must maintain valid and current contact information in PACER and with the court. Consistent with the CM/ECF Procedures Manual, the court has inactivated the attorneys efiling privileges. When the attorney updates their contact information in PACER, the court will reactivate their efiling privileges. Instructions for updating an address can be found at https://www.utd.uscourts.gov/update-your-address-court. (nl)
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Filing 40
ORDER granting #37 Motion for Extension of Time to File Response/Reply. Plaintiffs' deadline for responding to the #35 motion for sanctions shall be extended to December 21, 2022. Signed by Judge David Barlow on 12/16/2022. (mh)
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Filing 39
REPLY to Response to Motion re #37 MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Plaintiffs Carebourn Capital, More Capital. (Pfrommer, Sara)
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Filing 38
MEMORANDUM in Opposition re #37 MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Defendants Anthony Brown, Darkpulse, Carl Eckel, Faisal Farooqui, Dennis O'Leary, Thomas Seifert. (Benzenberg, Eric)
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Filing 37
MOTION for Extension of Time to File Response/Reply and Memorandum in Support filed by Plaintiffs Carebourn Capital, More Capital. (Pfrommer, Sara)
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Filing 36
NOTICE of Non-Opposition by Anthony Brown, Darkpulse, Carl Eckel, Faisal Farooqui, Dennis O'Leary, Thomas Seifert re #35 MOTION for Sanctions and Memorandum in Support (Benzenberg, Eric)
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Filing 35
MOTION for Sanctions and Memorandum in Support filed by Defendants Anthony Brown, Darkpulse, Carl Eckel, Faisal Farooqui, Dennis O'Leary, Thomas Seifert. (Benzenberg, Eric)
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Filing 34
AFFIDAVIT/DECLARATION of Eric J. Benzenberg in Support re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Anthony Brown, Darkpulse, Carl Eckel, Faisal Farooqui, Dennis O'Leary, Thomas Seifert. (Attachments: #1 Exhibit More DE Entity Details, #2 Exhibit TBLF Waiver Email, #3 Exhibit Order Dismissing Standard, #4 Exhibit Order Denying TRO, #5 Exhibit Order Granting Sanctions, #6 Exhibit Order to Compel)(Benzenberg, Eric)
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Filing 33
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Anthony Brown, Darkpulse, Carl Eckel, Faisal Farooqui, Dennis O'Leary, Thomas Seifert. (Benzenberg, Eric)
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Filing 32
ORDER granting #31 Motion for Admission Pro Hac Vice of Attorney Eric J. Benzenberg for Anthony Brown, Eric J. Benzenberg for Darkpulse, Eric J. Benzenberg for Carl Eckel, Eric J. Benzenberg for Faisal Farooqui, Eric J. Benzenberg for Dennis O'Leary, Eric J. Benzenberg for Thomas Seifert.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 David Barlow on 11/22/2022. (mh)
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Filing 31
First MOTION for Admission Pro Hac Vice of Eric Benzenberg , Registration fee $ 250, receipt number AUTDC-4510873,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 Anthony Brown, Darkpulse, Carl Eckel, Faisal Farooqui, Dennis O'Leary, Thomas Seifert. (Attachments: #1 Exhibit Pro Hac Application) Attorney Brian M. Higley added to party Anthony Brown(pty:dft), Attorney Brian M. Higley added to party Darkpulse(pty:dft), Attorney Brian M. Higley added to party Carl Eckel(pty:dft), Attorney Brian M. Higley added to party Faisal Farooqui(pty:dft), Attorney Brian M. Higley added to party Dennis O'Leary(pty:dft), Attorney Brian M. Higley added to party Thomas Seifert(pty:dft)(Higley, Brian)
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Filing 30
Case Reassigned to District Judge per docket text order 29. Case randomly assigned to Judge David Barlow. Magistrate Judge Jared C. Bennett no longer assigned to the case. (alf)
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Filing 29
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. #25 Defendants' MOTION to Dismiss is fully briefed and ready for decision. Because all parties have not yet appeared, consent to the jurisdiction of the Magistrate Judge is not immediately feasible. Therefore, IT IS HEREBY ORDERED that this case be reassigned to a District Judge through random reassignment. Signed by Magistrate Judge Jared C. Bennett on 08/17/2022. (docket text order; no attached document) (jcd)
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Filing 28
REQUEST to Submit for Decision re #25 Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendants Amy Merrill, Standard Registrar and Transfer. (Coombs, J.)
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Filing 27
Defendant's REPLY to Response to Motion re #25 Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendants Amy Merrill, Standard Registrar and Transfer. (Attachments: #1 Exhibit Exhibit A -- SEC announcement of convertible note charges)(Coombs, J.)
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Filing 26
First MEMORANDUM in Opposition re #25 Defendant's MOTION to Dismiss and Memorandum in Support filed by Plaintiffs Carebourn Capital, More Capital. (Hutton, Lee)
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Filing 25
Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendants Amy Merrill, Standard Registrar and Transfer. (Attachments: #1 Exhibit SEC enforcement action against Plaintiff Carebourn, #2 Exhibit Instructions for Note 1, #3 Exhibit Share Reserve Account 1, #4 Exhibit Instructions for Note 2, #5 Exhibit Share Reserve Account 2, #6 Exhibit Instructions for Note 3, #7 Exhibit Share Reserve Account 3, #8 Exhibit Darkpulse Corp Share Reserve Account Instructions, #9 Exhibit Ruling and Order of Minnesota Court dismissing Standard Registrar) Attorney J. Michael Coombs added to party Amy Merrill(pty:dft), Attorney J. Michael Coombs added to party Standard Registrar and Transfer(pty:dft)(Coombs, J.)
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Filing 24
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Carebourn Capital as to Standard Registrar and Transfer served on 6/13/2022, answer due 7/5/2022. (Attachments: #1 Exhibit Court Issued Summons)(Hahn, Kyle)
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Filing 23
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Carebourn Capital as to Amy Merrill served on 6/13/2022, answer due 7/5/2022. (Attachments: #1 Exhibit Court Issued Summons)(Hahn, Kyle)
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Filing 22
NOTICE OF DEFICIENCY re #21 Affidavit of Service, #20 Affidavit of Service: The documents are stricken as improperly filed. They should be refiled using the event "Summons Returned Executed" with copy of Court issued summons, signed by Clerk attached. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (alf)
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Filing 21
AFFIDAVIT OF SERVICE for Summons, Complaint, Exhibits and Civil Coversheet served on Standard Registrar & Transfer Co., via Amy Merrill on June 13, 2022, filed by Plaintiff Carebourn Capital. (Hahn, Kyle) Modified on 6/15/2022 - stricken as improperly filed (alf).
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Filing 20
AFFIDAVIT OF SERVICE for Summons, Complaint, Exhibits and Civil Coversheet served on Amy Merrill on June 13, 2022, filed by Plaintiff Carebourn Capital. (Hahn, Kyle) Modified on 6/15/2022 - stricken as improperly filed (alf).
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Filing 19
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Dennis O'Leary. 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 18
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Amy Merrill. 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 17
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Anthony Brown. 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 16
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Carl Eckel. 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 15
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Darkpulse. 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 Faisal Farooqui. 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 Standard Registrar and Transfer. 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
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Thomas Seifert. 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 11
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 5/24/22. (alf)
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Filing 10
Modification of Docket: Attorneys Hutton, Juran and Hahn have been added as attorneys for plaintiff More Captial. They were erroneously not added for More Capital when pro hac orders were docketed. (alf)
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Filing 9
ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Kirk P. Hahn for Carebourn Capital.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 Magistrate Judge Jared C. Bennett on 5/24/22. (alf)
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Filing 8
ORDER granting #4 Motion for Admission Pro Hac Vice of Attorney Jason S. Juran for Carebourn Capital.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 Magistrate Judge Jared C. Bennett on 5/24/22. (alf)
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Filing 7
ORDER granting #3 Motion for Admission Pro Hac Vice of Attorney Lee A. Hutton, III for Carebourn Capital.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 Magistrate Judge Dustin B. Pead on 5/24/22. (alf)
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Filing 6
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Lee A. Hutton, III, Jason S. Juran and Kyle P. Hahn, for Plaintiffs Carebourn Capital, More Capital. (mh)
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Filing 5
MOTION for Admission Pro Hac Vice of Kyle P. Hahn , Registration fee $ 250, receipt number AUTDC-4339241,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 Plaintiffs Carebourn Capital, More Capital. (Pfrommer, Sara)
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Filing 4
MOTION for Admission Pro Hac Vice of Jason S. Juran , Registration fee $ 250, receipt number AUTDC-4339237,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 Plaintiffs Carebourn Capital, More Capital. (Pfrommer, Sara)
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Filing 3
MOTION for Admission Pro Hac Vice of Lee A. Hutton III , Registration fee $ 250, receipt number AUTDC-4339236,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 Plaintiffs Carebourn Capital, More Capital. (Pfrommer, Sara)
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4339139) filed by More Capital, Carebourn Capital. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) Assigned to Magistrate Judge Jared C. Bennett (Pfrommer, Sara)
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Filing 1
Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Plaintiffs Carebourn Capital, More Capital are 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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