UFirst Federal Credit Union v. University First Federal Credit Union
| UFirst Federal Credit Union |
| University First Federal Credit Union |
| 2:2022cv00646 |
| October 6, 2022 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Daphne A Oberg |
| Jill N Parrish |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
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Filing 66
ORDER granting #65 Motion for Extension of Time to File the Attorney Planning Meeting Report and Submit the Proposed Scheduling Order: The parties must file the Attorney Planning Meeting Report and submit the Proposed Scheduling Order within seven (7) business days after any ruling by the court on Plaintiff's pending Motion for Preliminary Injunction. Signed by Magistrate Judge Jared C. Bennett on 12/2/22. (dla)
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Filing 65
Stipulated MOTION for Extension of Time to File the Attorney Planning Meeting Report and Proposed Scheduling Order and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(White, Juliette)
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Filing 64
DECLARATION of Meghan McGee-Pelkey re #16 Affidavit/Declaration in Support of Motion,, #13 MOTION for Preliminary Injunction and Memorandum in Support , #58 Redacted MOTION for Preliminary Injunction and Memorandum in Support (Supplemental Brief) filed by UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Bates No: UFIRSTFCU000048-49)(White, Juliette)
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Filing 63
DECLARATION of Kasey Kirk re #13 MOTION for Preliminary Injunction and Memorandum in Support , #58 Redacted MOTION for Preliminary Injunction and Memorandum in Support (Supplemental Brief) filed by UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Plaintiff's Objections and Responses to Defendant's Revised Preliminary Discovery Requests)(White, Juliette)
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Filing 62
MOTION for Leave to File Sealed Document re #58 Redacted MOTION for Preliminary Injunction and Memorandum in Support (Supplemental Brief), #60 Affidavit/Declaration in Support of Motion,,, filed by Plaintiff UFirst Federal Credit Union. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(White, Juliette)
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Filing 61
**SEALED DOCUMENT** re #13 MOTION for Preliminary Injunction and Memorandum in Support , #58 Redacted MOTION for Preliminary Injunction and Memorandum in Support (Supplemental Brief), #60 Affidavit/Declaration in Support of Motion,,, filed by Plaintiff UFirst Federal Credit Union NOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A-Bates No: UNIV00327-32, #2 Exhibit B-Discovery Responses dated 11/9/22, #3 Exhibit C-Bates Nos: UNIV000020-45, #4 Exhibit D-Notice of Opposition, #5 Exhibit E-Notice of Suspension, #6 Exhibit F-Bates Nos: UNIV000374-79 and UNIV000429, #7 Exhibit G-First Amended Complaint, #8 Exhibit H-Discovery Responses dated 11/14/22), #9 Exhibit I-Bates Nos: UNIV000391-92, UNIV000408-09, UNIV000423-24, #10 Exhibit J-Defendant's Branch Photos)(White, Juliette)
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Filing 60
Redacted AFFIDAVIT/DECLARATION of Scott Commerson in Support re #13 MOTION for Preliminary Injunction and Memorandum in Support , #58 Redacted MOTION for Preliminary Injunction and Memorandum in Support (Supplemental Brief) filed by Plaintiff UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Bates No: UNI00327-32, #2 Exhibit B-Discovery Responses dated 11/9/22, #3 Exhibit C-Filed Under Seal, #4 Exhibit D-Notice of Opposition, #5 Exhibit E-Notice of Suspension, #6 Exhibit F-Filed Under Seal, #7 Exhibit G-First Amended Complaint, #8 Exhibit H-Discovery Responses dated 11/14/22), #9 Exhibit I-Filed Under Seal, #10 Exhibit J-Defendant's Branch Photos)(White, Juliette)
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Filing 59
**SEALED DOCUMENT** re #13 MOTION for Preliminary Injunction and Memorandum in Support , #58 Redacted MOTION for Preliminary Injunction and Memorandum in Support (Supplemental Brief) filed by Plaintiff UFirst Federal Credit Union NOTE: Filer is instructed to serve the sealed document on all other parties.. (White, Juliette)
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Filing 58
Redacted MOTION for Preliminary Injunction and Memorandum in Support (Supplemental Brief) filed by Plaintiff UFirst Federal Credit Union. (White, Juliette)
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Filing 57
DOCKET TEXT ORDER granting #53 Motion to Amend Briefing Schedule and for Leave to File Excess Pages. The court hereby grants the Motion and orders the briefingschedule and page limitations to proceed as follows: Deadline to file Plaintiffs 10-page supplemental brief: November 28, 2022;Deadline to file Defendants 35-page opposition brief: December 14, 2022;Deadline to file Plaintiffs 10-page reply: December 30, 2022. Signed by Judge Jill N. Parrish on 11/22/22. (ksb)
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Filing 56
DOCKET TEXT ORDER DENYING AS MOOT #51 Defendant's MOTION to Expedite Briefing on Short Form Discovery Motion re: Witness Testimony at Preliminary Injunction Hearing. The motion is DENIED AS MOOT pursuant to 55 DOCKET TEXT ORDER DENYING #50 Motion to Expedite; DENYING #50 Motion for Short Form Discovery re: Witness Testimony at Preliminary Injunction Hearing. Signed by Magistrate Judge Jared C. Bennett on 11/22/2022. (docket text order; no attached document) (jcd)
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Filing 55
DOCKET TEXT ORDER DENYING #50 Motion to Expedite; DENYING #50 Motion for Short Form Discovery re: Witness Testimony at Preliminary Injunction Hearing. For the reasons stated on the record during the hearing held on 11/22/2022, the court DENIES the motion. However, the court HEREBY ORDERS the parties to, on or before 01/03/2023, exchange witness lists for the preliminary injunction hearing. Each party's witness list must designate the witnesses the party will call to testify and the witnesses the party may call to testify. Each party is encouraged to limit the number of witnesses that the party may call to testify to those that the party genuinely believes may be called. Signed by Magistrate Judge Jared C. Bennett on 11/22/2022. (docket text order; no attached document) (jcd)
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Filing 54
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Status Conference held on 11/22/2022. For the reasons stated on the record, the court DENIES #50 MOTION to Expedite, MOTION for Short Form Discovery re: Witness Testimony at Preliminary Injunction Hearing; and DENIES AS MOOT #51 MOTION to Expedite Briefing on Short Form Discovery Motion re: Witness Testimony at Preliminary Injunction Hearing. The court ORDERS the parties to exchange witness lists on or before 01/03/2023. Written order to follow. Attorney for Plaintiff: Scott Robert Commerson, Juliette P. White, and Karthik Narayan Sonty. Attorney for Defendant: James T. Burton. Court Reporter: electronic Zoom. (Time Start: 1:30 p.m., Time End: 2:00 p.m., Room 7.100) (jcd)
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Filing 53
Stipulated MOTION for Leave to File Supplemental Brief and Memorandum in Support , Stipulated MOTION for Leave to File Excess Pages and Memorandum in Support , Stipulated MOTION for Amended Scheduling Order and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(White, Juliette)
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Filing 52
ORDER SETTING HEARING OR TRIAL. Status Conference set for 11/22/2022 at 01:30 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 11/22/2022. (tls)
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Filing 51
Defendant's MOTION to Expedite Briefing on Short Form Discovery Motion Regarding Witness Testimony at Preliminary Injunction Hearing Scheduled for January 11, 2023 filed by Defendant University First Federal Credit Union. Motions referred to Jared C. Bennett.(Burton, James)
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Filing 50
MOTION to Expedite , MOTION for Short Form Discovery re: Witness Testimony at Preliminary Injunction Hearing filed by Defendant University First Federal Credit Union. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) Motions referred to Jared C. Bennett.(Burton, James)
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Filing 49
ANSWER to Complaint with Jury Demand filed by University First Federal Credit Union.(Rupp, Joshua)
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Filing 48
AMENDED NOTICE OF HEARING ON MOTION re: #13 MOTION for Preliminary Injunction : (Notice generated by JNP Chambers) Motion Hearing reset for 1/11/2023 at 09:00 AM VIA ZOOM before Judge Jill N. Parrish. (lwh)
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Filing 47
NOTICE OF HEARING ON MOTION re: #13 MOTION for Preliminary Injunction : (Notice generated by JNP Chambers) Motion Hearing set for 1/27/2023 at 09:00 AM VIA ZOOM before Judge Jill N. Parrish. (lwh)
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Filing 46
ORDER granting in part and denying in part #35 Motion for Expedited Preliminary Discovery. Signed by Magistrate Judge Jared C. Bennett on 11/9/22. (dla)
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Filing 45
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Scheduling Conference held on 11/07/2022. Counsel for all parties appear via Zoom. Counsel indicate that they have reached agreement on all matters presented in #35 MOTION for Expedited Preliminary Discovery, with the exception of two of Defendant's proposed discovery requests. The court hears argument from counsel on those two proposed discovery requests and rules on the parties' disputes. Written order to follow. Attorney for Plaintiff: Scott Robert Commerson, Juliette P. White, Daniel Hay Leigh, Xiang Li, and Karthik Narayan Sonty. Attorney for Defendant: Joshua S. Rupp. Court Reporter: electronic Zoom. (Time Start: 2:00 p.m., Time End: 3:05 p.m., Room 7.100) (jcd)
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Filing 44
ORDER SETTING ZOOM HEARING OR TRIAL Scheduling Conference reset for 11/7/2022 at 02:00 PM in Judges Chambers before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 11/3/22. (ksm)
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Filing 43
ORDER SETTING ZOOM HEARING OR TRIAL Scheduling Conference reset for 11/3/2022 at 02:00 PM in Judges Chambers before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 11/1/22. (ksm)
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Filing 42
DOCKET TEXT ORDER GRANTING #36 Motion to Expedite Preliminary Scheduling Conference; GRANTING #36 Motion for Initial Scheduling Conference. Scheduling conference has been set for 11/02/2022 at 12:00 p.m. via Zoom. Signed by Magistrate Judge Jared C. Bennett on 11/01/2022. (docket text order; no attached document) (jcd)
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Filing 41
ORDER SETTING ZOOM HEARING OR TRIAL Scheduling Conference set for 11/2/2022 at 12:00 PM in Judges Chambers before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 11/1/22. (ksm)
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Filing 40
NOTICE: The court received a bounce-back notification that a secondary email address of seadocketing@dwt.com, for attorney Xiang Li as invalid. As a result, the court has removed the invalid secondary email address from CM/ECF. Going forward, the court will not send email notifications to seadocketing@dwt.com. To learn how to update your secondary email address, please visit https://www.utd.uscourts.gov/update-your-address-court. (nl)
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Filing 39
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #26 filed by Plaintiff UFirst Federal Credit Union (Sonty, Karthik)
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Filing 38
NOTICE of Appearance by Karthik Narayan Sonty on behalf of UFirst Federal Credit Union (Sonty, Karthik)
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Filing 37
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #26 filed by Plaintiff UFirst Federal Credit Union (Leigh, Daniel)
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Filing 36
MOTION to Expedite Preliminary Scheduling Conference and Memorandum in Support , MOTION for Initial Scheduling Conference and Memorandum in Support filed by Defendant University First Federal Credit Union. Motions referred to Jared C. Bennett.(Rupp, Joshua)
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Filing 35
MOTION for Expedited Preliminary Discovery and Memorandum in Support filed by Defendant University First Federal Credit Union. (Attachments: #1 Exhibit Defendant's Preliminary Discovery Requests to Plaintiff) Motions referred to Jared C. Bennett.(Rupp, Joshua)
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Filing 34
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant University First Federal Credit Union. (Rupp, Joshua)
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Filing 33
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #26 filed by Defendant University First Federal Credit Union (Rupp, Joshua)
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Filing 32
NOTICE of Appearance by James T. Burton on behalf of University First Federal Credit Union (Burton, James)
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Filing 31
NOTICE of Appearance by Annemarie Garrett on behalf of University First Federal Credit Union (Garrett, Annemarie)
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Filing 30
STRICKEN NOTICE of Appearance by Joshua S. Rupp on behalf of University First Federal Credit Union (Rupp, Joshua) Modified by striking docket entry per request of counsel on 10/28/2022 (dla).
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Filing 29
NOTICE of Appearance by Joshua S. Rupp on behalf of University First Federal Credit Union (Rupp, Joshua)
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Filing 28
SUMMONS Returned Executed by UFirst Federal Credit Union as to University First Federal Credit Union served on 10/20/2022, answer due 11/10/2022. (White, Juliette)
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Filing 27
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 Jill N. Parrish on 10/24/2022. (lwh)
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Filing 26
CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 10/24/2022. (lwh)
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Filing 25
AFFIDAVIT/DECLARATION of Leah Dubrey in Support re #13 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Email from Carmax dated 2/1/2022, #2 Exhibit B-Fax from Mutual Enumclaw Insurance dated 3/14/2022, #3 Exhibit C-Email Exchange dated 5/2/2022)(White, Juliette)
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Filing 23
Summons Issued Electronically as to University First Federal Credit Union. 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 24
Case Reassigned to District Judge per docket text order 22 . Case randomly assigned to Judge Jill N. Parrish. Magistrate Judge Daphne A. Oberg no longer assigned to the case. (alf)
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Filing 22
DOCKET TEXT ORDER: Due to the filing of a motion for preliminary injunction #13 , the court orders that this case be reassigned to a district judge. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 10/18/2022. (med)
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Filing 21
AFFIDAVIT/DECLARATION of Danielle Provost in Support re #13 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (White, Juliette)
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Filing 20
AFFIDAVIT/DECLARATION of Kasey Kirk in Support re #13 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (White, Juliette)
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Filing 19
AFFIDAVIT/DECLARATION of Taylor Hadley in Support re #13 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (White, Juliette)
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Filing 18
AFFIDAVIT/DECLARATION of Samantha Laundry in Support re #13 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (White, Juliette)
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Filing 17
AFFIDAVIT/DECLARATION of Linda Bourgeois in Support re #13 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Email from NCUA dated 2/17/2022)(White, Juliette)
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Filing 16
AFFIDAVIT/DECLARATION of Meghan McGee-Pelkey in Support re #13 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Prenotification Report, #2 Exhibit B-Vehicle Title, #3 Exhibit C-Allstate Certificate of Insurance, #4 Exhibit D-Cashier's Check, #5 Exhibit E-Loan Payoff Paperwork, #6 Exhibit F-Email Exchange dated 8/1/2022, #7 Exhibit G-Correspondence to University First CU dated 2/14/2022, #8 Exhibit H-Notes from 2/14/2022 Phone Conference, #9 Exhibit I-Emails dated 2/14/2022 and 2/15/2022)(White, Juliette)
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Filing 15
AFFIDAVIT/DECLARATION of Jessica Tetreault in Support re #13 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Emails Regarding Auto Lien)(White, Juliette)
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Filing 14
AFFIDAVIT/DECLARATION of Scott R. Commerson in Support re #13 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Web Capture/Shared Branching, #2 Exhibit B-Web Capture/Shared ATMs, #3 Exhibit C-Web Capture/12901 Search, #4 Exhibit D-Search Results from UT Secretary of State, #5 Exhibit E-Rebranding Announcement, #6 Exhibit F-Correspondence to University First Credit Union dated 8/2/2022, #7 Exhibit G-Facebook Capture/UFirst CU Photos, #8 Exhibit H-Facebook Capture, #9 Exhibit I-Correspondence From UFirst CU dated 8/9/2022, #10 Exhibit J-Web Capture of ATM Locations)(White, Juliette)
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Filing 13
MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff UFirst Federal Credit Union. (Attachments: #1 Text of Proposed Order)(White, Juliette)
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Filing 12
ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Scott Robert Commerson,Cindy L. Caditz,Daniel Hay Leigh,Xiang Li for UFirst Federal Credit Union.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. Signed by Magistrate Judge Daphne A. Oberg on 10/18/2022. (alf)Modified on 10/18/2022 to correct font issue (alf).
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Filing 11
ORDER TO PROPOSE SCHEDULE - Plaintiff(s) must propose a schedule to Defendant(s) in the form of a draft Attorney Planning Meeting Report, available on the District of Utahs website at https://www.utd.uscourts.gov/civil-case-scheduling, 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 Daphne A. Oberg on 10/11/2022. (mh)
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Filing 10
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff UFirst Federal Credit Union. (White, Juliette)
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Filing 9
MOTION for Admission Pro Hac Vice of Xiang Li , Registration fee $ 250, receipt number AUTDC-4468961,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 UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Pro Hac Vice Application, #2 Text of Proposed Order B-Order Granting Pro Hac Vice Admission)(White, Juliette)
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Filing 8
MOTION for Admission Pro Hac Vice of Daniel Leigh , Registration fee $ 250, receipt number BUTDC-4468954,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 UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Pro Hac Vice Application, #2 Exhibit B-Granting Pro Hac Vice Admission)(White, Juliette)
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Filing 7
MOTION for Admission Pro Hac Vice of Cindy Caditz , Registration fee $ 250, receipt number AUTDC-4468944,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 UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Pro Hac Vice Application, #2 Text of Proposed Order B-Granting Pro Hac Vice Admission)(White, Juliette)
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Filing 6
MOTION for Admission Pro Hac Vice of Scott Commerson , Registration fee $ 250, receipt number AUTDC-4468924,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 UFirst Federal Credit Union. (Attachments: #1 Exhibit A-Pro Hac Vice Application, #2 Text of Proposed Order B-Granting Pro Hac Vice Admission)(White, Juliette)
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Filing 5
Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (ks)
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Filing 4
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Cindy L Caditz, Xiang Li, for Plaintiff UFirst Federal Credit Union. (ks)
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Filing 3
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Scott R Commerson, Daniel H Leigh, for Plaintiff UFirst Federal Credit Union. (ks)
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Filing 2
COMPLAINT against University First Federal Credit Union (Filing fee $ 402, receipt number AUTDC-4468435) filed by UFirst Federal Credit Union. (Attachments: #1 Civil Cover Sheet NEF 1) Assigned to Magistrate Judge Daphne A. Oberg (White, Juliette)
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Filing 1
Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Plaintiff UFirst Federal Credit Union 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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