Wilbur v. Five Diamond Hospitality
Plaintiff: Whitney Wilbur
Defendant: Five Diamond Hospitality a Utah Corporation doing business as Tuscany
Counter Claimant: Five Diamond Hospitality
Case Number: 2:2022cv00409
Filed: June 16, 2022
Court: US District Court for the District of Utah
Presiding Judge: Daphne A Oberg
Referring Judge: Cecilia M Romero
2 Judge: Robert J Shelby
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 0501 Copyright Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 12, 2022 Filing 19 Plaintiff's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Whitney Wilbur, Counter Defendant Whitney Wilbur. (Attachments: #1 Text of Proposed Order Proposed Order)(Bateman, Randall)
August 1, 2022 Opinion or Order Filing 18 DISCOVERY MANAGEMENT ORDER. Signed by Magistrate Judge Daphne A. Oberg on 8/1/22. (dla)
August 1, 2022 Opinion or Order Filing 17 SCHEDULING ORDER: Amended Pleadings due by 1/10/2023. Joinder of Parties due by 1/10/2023. Expert Discovery due by 7/12/2023. Dispositive or Potentially Dispositive Motions due by 8/23/2023. Signed by Magistrate Judge Daphne A. Oberg on 8/1/22. (dla)
July 27, 2022 Opinion or Order Filing 16 ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 7/27/2022. (mjm)
July 26, 2022 Filing 15 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Bateman, Randall)
July 22, 2022 Filing 14 Five Diamond's ANSWER to Complaint and, COUNTERCLAIM against Whitney Wilbur filed by Five Diamond Hospitality.(Beesley, Wilford)
July 22, 2022 Filing 13 All Consent/Reassignment Forms have now been received or the time frame has passed. Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Robert J. Shelby. Magistrate Judge Cecilia M. Romero no longer assigned to the case. (mh)
July 1, 2022 Opinion or Order Filing 12 ORDER granting #7 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for Five Diamond Hospitality to 7/22/2022. Signed by Magistrate Judge Cecilia M. Romero on 7/1/22. (alf)
June 30, 2022 Filing 11 Modification of Docket re #7 MOTION : Error: The document should have been filed using the event "Motion for Extension of Time to File Answer" in order to set answer deadline.. Correction: Event type corrected, docket text modified to correct filing. No further action is needed. (alf)
June 30, 2022 Filing 10 RECEIVED Consent/Reassignment Form from Defendant Five Diamond Hospitality. (alf)
June 30, 2022 Filing 9 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return #the form on this link To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.govor mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not file the Consent Form in the case.Notice e-mailed or mailed to Defendant Five Diamond Hospitality, Plaintiff Whitney Wilbur. Form due by 7/21/2022. (alf)
June 30, 2022 Filing 8 NOTICE OF ADR, e-mailed or mailed to Defendant Five Diamond Hospitality, Plaintiff Whitney Wilbur. (alf)
June 30, 2022 Filing 7 Stipulated MOTION for Extension of Time to file Answer Answer or Otherwise Respond to Complaint and Memorandum in Support filed by Defendant Five Diamond Hospitality. (Attachments: #1 Text of Proposed Order Proposed Order to Extend Time) Attorney Wilford A. Beesley, III added to party Five Diamond Hospitality(pty:dft)(Beesley, Wilford) Modified on 7/1/2022 to correct event type(alf).
June 29, 2022 Filing 6 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Whitney Wilbur as to Five Diamond Hospitality served on 6/17/2022, answer due 7/8/2022. (Attachments: #1 Exhibit Summons)(Bateman, Randall)
June 17, 2022 Opinion or Order 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 06/17/2022. (jl)
June 17, 2022 Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Five Diamond Hospitality. 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)
June 17, 2022 Filing 3 Report on the Filing of an action mailed to the Register of Copyrights Office. (mh)
June 16, 2022 Filing 2 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4365216) filed by Whitney Wilbur. (Attachments: #1 Exhibit A - Copyright Registration, #2 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Cecilia M. Romero (Bateman, Randall)
June 16, 2022 Filing 1 Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Plaintiff Whitney Wilbur 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)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Utah District Court's Electronic Court Filings (ECF) System

Search for this case: Wilbur v. Five Diamond Hospitality
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Whitney Wilbur
Represented By: Randall B. Bateman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Five Diamond Hospitality a Utah Corporation doing business as Tuscany
Represented By: Wilford A. Beesley, III
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter claimant: Five Diamond Hospitality
Represented By: Wilford A. Beesley, III
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?