Drip Capital v. Seaich Card & Souvenir et al
| Drip Capital |
| Seaich Card & Souvenir and Gentox Medical Services |
| 2:2022cv00558 |
| September 1, 2022 |
| US District Court for the District of Utah |
| Jill N Parrish |
| Dustin B Pead |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 18, 2023. A more recent docket listing may be available from PACER.
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Filing 40
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference via Zoom held on 10/5/22 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. 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 11/17/2022. Redacted Transcript Deadline set for 12/8/2022. Release of Transcript Restriction set for 1/25/2023. (dla)
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Filing 39
ANSWER to Complaint filed by Gentox Medical Services.(Hadley, Zachary)
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Filing 38
NOTICE of Appearance by Zachary T. Hadley, I on behalf of Gentox Medical Services (Hadley, Zachary)
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Filing 37
NOTICE of Bankruptcy and Automatic Stay by Seaich Card & Souvenir (Hadley, Zachary)
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Filing 36
Minute Entry for proceedings held before Judge Jill N. Parrish: Status Conference held on 10/5/2022. All parties appeared via zoom due to continued concerns with Covid 19. Court hears from parties regarding status of case. Due to Seaich's filing of bankruptcy, there is an automatic stay of the case with respect to Seaich. Plaintiff may file an order regarding writ with respect to Gentox. Court will wait 48 hours to see if there are any objections from Gentox, unless the parties can agree to a stipulated order. Parties will contact chambers if the need for another hearing arises. Court adjourned. Attorney for Plaintiff: David L. Pinkston, Richard J.J. Scarola, Attorney for Defendant: Zachary T. Hadley. Court Reporter: Patti Walker.(lwh)
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Filing 35
STIPULATION re 32 Notice of Hearing by Drip Capital. (Pinkston, David)
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Filing 34
AMENDED NOTICE OF HEARING: (Notice generated by JNP Chambers) Status Conference reset for 10/5/2022 at 12:00 PM VIA ZOOM before Judge Jill N. Parrish. Hearing reset at the request of the parties. (lwh)
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Filing 33
AMENDED STIPULATED ORDER re #23 Order. Signed by Judge Jill N. Parrish on 9/22/2022. (alf)
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Filing 32
NOTICE OF HEARING: (Notice generated by JNP Chambers) Status Conference set for 9/30/2022 at 10:00 AM VIA ZOOM before Judge Jill N. Parrish. Hearing will be vacated if parties file stipulated order. (lwh)
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Filing 31
Minute Entry for proceedings held before Judge Jill N. Parrish: Status Conference held on 9/21/2022. All parties appeared via zoom due to continued concerns with Covid 19. Court hears from counsel regarding the status of case. Court will extend the current order in place until September 30, 2022 while parties negotiate seizure of the inventory. If the parties agree, they will file a stipulated order with the court. If they do not agree, the court will hold a hearing on 9/30/2022 at 10:00 a.m. for further proceedings. Court will file an Amended Order to reflect new date and understanding of the parties. Court adjourned. Attorney for Plaintiff: David L. Pinkston, Richard J.J. Scarola, Attorney for Defendant: Zachary T. Hadley. Court Reporter: Kelly Hicken.(lwh)
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Filing 30
ANSWER to Complaint filed by Seaich Card & Souvenir.(Hadley, Zachary)
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Filing 29
Supplemental MEMORANDUM in Support re #4 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order MOTION for Writ of Replevin MOTION for Preliminary Injunction filed by Plaintiff Drip Capital. (Attachments: #1 Exhibit A - Cobbey treatise, #2 Exhibit B - Definition of special property, #3 Exhibit C - AVT Case, #4 Exhibit D - ABA Article)(Pinkston, David)
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Filing 28
Supplemental Briefing RE: Rule 64 BRIEF filed by Defendant Seaich Card & Souvenir. (Hadley, Zachary)
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Filing 27
AFFIDAVIT of of Uriah Kennedy filed by Seaich Card & Souvenir. (Hadley, Zachary)
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Filing 26
NOTICE OF HEARING: (Notice generated by JNP Chambers) Status Conference set for 9/21/2022 at 02:00 PM VIA ZOOM before Judge Jill N. Parrish. (lwh)
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Filing 25
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Drip Capital as to Gentox Medical Services served on 9/7/2022, answer due 9/28/2022. (Pinkston, David)
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Filing 24
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Drip Capital as to Seaich Card & Souvenir served on 9/7/2022, answer due 9/28/2022. (Pinkston, David)
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Filing 23
ORDER Signed by Judge Jill N. Parrish on 09/09/2022. (lwh)
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Filing 22
Minute Entry for proceedings held before Judge Jill N. Parrish: Motion Hearing held on 9/9/2022 re #4 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order MOTION for Writ of Replevin MOTION for Preliminary Injunction filed by Drip Capital. All parties appeared via zoom due to continued concerns with Covid 19. Court hears oral argument from counsel. Counsel agrees to submit a stipulated proposed order governing the parties' immediate actions. Court asks for briefing from the parties regarding Rule 64 which is due September 19, 2022. Status conference set for September 21, 2022 at 2:00 p.m. Court adjourned. Attorney for Plaintiff: David L. Pinkston, Richard J.J. Scarola, Attorney for Defendant: Zachary T. Hadley. Court Reporter: Patti Walker.(lwh)
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Filing 21
NOTICE of Appearance by Zachary T. Hadley, I on behalf of Seaich Card & Souvenir (Hadley, Zachary)
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Filing 20
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Seaich Card & Souvenir. 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. (haa)
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Filing 19
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Gentox Medical Services. 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. (haa)
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Filing 18
NOTICE OF HEARING ON MOTION re: #4 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order MOTION for Writ of Replevin MOTION for Preliminary Injunction : (Notice generated by JNP Chambers) Motion Hearing set for 9/9/2022 at 02:00 PM VIA ZOOM before Judge Jill N. Parrish. (lwh)
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Filing 17
Minute Entry for proceedings held before Judge Jill N. Parrish: Status Conference held on 9/6/2022. All parties appeared via zoom due to continued concerns with Covid 19. After hearing from plaintiff's counsel, the court denies the ex parte motion at this time. The court will enter an Order for defendants to appear on 9/9/2022 at 2:00 p.m. VIA ZOOM to show cause why the motion should not be granted. Order and zoom link will be emailed to plaintiffs and Mr. Uriah Kennedy at ukennedy@seaich.com. Court adjourned. Attorney for Plaintiff: David L. Pinkston, Rick Scarola. Attorney for Defendant: . Court Reporter: Kelly Hicken.(lwh) Modified on 9/6/2022 to reflect that Mr. Scarola is Plaintiff's counsel (lwh).
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Filing 16
ORDER TO SHOW CAUSE. Show Cause Hearing set for 9/9/2022 at 02:00 PM before Judge Jill N. Parrish via Zoom to show cause why Plaintiffs Motion #4 should not be granted. STAFF NOTE: Order emailed to Mr. Uriah Kennedy ukennedy@seaich.com per instruction in order. Order contains Zoom link. Signed by Judge Jill N. Parrish on 9/6/2022. (alf)
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Filing 15
ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Richard J.J. Scarola for Drip 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 Judge Jill N. Parrish on 9/6/2022. (alf)
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Filing 14
DOCKET TEXT ORDER denying #13 Motion for Admission Pro Hac ViceAttorneys 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. The court has received Mr. Zubatov's Motion for Admission Pro Hac Vice. While Mr. Zubatov has signed the appropriate paper work, he did not fill out the form in its entirety. Accordingly, the court DENIES the Motion without prejudice. Mr. Zubatov may refile his Motion. Signed by Judge Jill N. Parrish on 09/06/2022. No attached document. (lwh)
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Filing 13
MOTION for Admission Pro Hac Vice of Alexander Zubatov , Registration fee $ 250, receipt number AUTDC-4437666,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 Plaintiff Drip Capital. (Attachments: #1 Text of Proposed Order Order Granting Motion for Pro Hac Vice Admission and Consent of Local Counsel)(Pinkston, David)
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Filing 12
MOTION for Admission Pro Hac Vice of Richard J.J. Scarola , Registration fee $ 250, receipt number AUTDC-4437662,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 Plaintiff Drip Capital. (Attachments: #1 Text of Proposed Order Order Granting Motion for Pro Hac Vice Admission and Consent of Local Counsel)(Pinkston, David)
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Filing 11
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Drip Capital. (Pinkston, David)
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Filing 10
NOTICE OF HEARING ON MOTION re: #4 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order MOTION for Writ of Replevin MOTION for Preliminary Injunction : (Notice generated by JNP Chambers) Motion Hearing set for 9/6/2022 at 12:30 PM VIA ZOOM before Judge Jill N. Parrish. (lwh)
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Filing 9
AFFIDAVIT/DECLARATION of Richard J.J. Scarola in Support re #4 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order MOTION for Writ of Replevin MOTION for Preliminary Injunction filed by Plaintiff Drip Capital. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Pinkston, David)
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Filing 8
AFFIDAVIT/DECLARATION of Rahul Nath in Support re #4 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order MOTION for Writ of Replevin MOTION for Preliminary Injunction filed by Plaintiff Drip Capital. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Pinkston, David)
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Filing 7
Case Reassigned to District Judge per docket text order 6 . Case randomly assigned to Judge Jill N. Parrish. Magistrate Judge Dustin B. Pead no longer assigned to the case. (alf)
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Filing 6
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Under 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 Dustin B. Pead on 9/2/2022. No attached document.(tmb)
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Filing 5
AFFIDAVIT/DECLARATION of Christy Layne in Support re #4 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Memorandum in Support and Motion for Prejudgment Writ of Replevin filed by Plaintiff Drip Capital. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Pinkston, David)
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Filing 4
Ex Parte (Not Sealed) MOTION for Temporary Restraining Order MOTION for Writ of Replevin, MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Drip Capital. (Attachments: #1 Exhibit A - Proposed order and writ, #2 Exhibit B - Proposed TRO)(Pinkston, David) Modified on 9/2/2022: Added MOTION for Writ, MOTION for Preliminary Injunction and corrected entry text on 9/2/2022 (alt)
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Modification of Docket re #4 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order MOTION for Writ MOTION for Preliminary Injunction. Error: Motion requesting 3 different reliefs was filed with only one relief selected. Correction: Second and third reliefs, "Writ" and "Preliminary Injunction" have been added to the entry and the entry text corrected. (alt)
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Filing 3
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Richard J.J. Scarola, Alendander Zubatov, for Plaintiff Drip Capital (ks)
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Filing 2
COMPLAINT for Writ of Replevin and Assistance, for Money Damages and for Injunctive Relief against All Defendants (Filing fee $ 402, receipt number AUTDC-4435536) filed by Drip Capital. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8) Assigned to Magistrate Judge Dustin B. Pead (Pinkston, David)
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Filing 1
Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiff Drip Capital 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. (ks)
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