Kilgore et al v. Easterseals-Goodwill Northern Rocky Mountain
| Jamie Kilgore and B. E. |
| Easterseals-Goodwill Northern Rocky Mountain, Inc. and Easterseals-Goodwill Northern Rocky Mountain |
| 2:2022cv00728 |
| November 21, 2022 |
| US District Court for the District of Utah |
| Dale A Kimball |
| Cecilia M Romero |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.
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Filing 26
MEMORANDUM DECISION AND ORDER - Defendant's #13 Motion to Dismiss is DENIED without prejudice to renew the motion after Plaintiffs have conducted discovery related to Article III standing. The discovery period ends on 10/20/2023, unless a motion for an extension of time, setting forth good cause, is filed and granted before that date. Signed by Judge Dale A. Kimball on 7/18/2023. (eat)
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Filing 25
Transcript Purchased by: Blaine Benard re #24 transcript of May 18, 2023. (eat)
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Filing 24
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing on Defendant's Motion to Dismiss held on May 18, 2023, before Judge Dale A. Kimball. Court Reporter/Transcriber: Michelle Mallonee, RPR, CCR, Telephone number (801) 209-4979. 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 7/18/2023. Redacted Transcript Deadline set for 8/8/2023. Release of Transcript Restriction set for 9/25/2023. (eat)
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Filing 23
Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 5/18/2023 re #13 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Easterseals-Goodwill Northern Rocky Mountain. All parties appear by Zoom. After hearing statements and arguments from counsel, the court takes the motion under advisement and will issue a ruling in due course. Attorneys for Plaintiffs: Raina C. Borrelli and Jason R. Hull. Attorney for Defendant: Douglas C. Smith. Court Reporter: Michelle Mallonee. (eat)
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Filing 22
ORDER granting #21 Motion for Admission Pro Hac Vice of Attorney Jon Kardassakis for Easterseals-Goodwill Northern Rocky Mountain.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 Utah's local rules from the court's web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 5/3/2023. (eat)
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Filing 21
MOTION for Admission Pro Hac Vice of Jon P. Kardassakis , Registration fee $ 250, receipt number AUTDC-4666601,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 Defendant Easterseals-Goodwill Northern Rocky Mountain. (Attachments: #1 Application for Pro Hac Vice Admission - Jon P. Kardassakis, #2 Text of Proposed Order Order Granting Motion for Pro Hac Vice Admission of Jon P. Kardassakis)(Smith, Douglas)
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Filing 20
ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Alex Phillips for Plaintiffs.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 Utah's local rules from the court's web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 4/21/2023. (eat)
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Filing 19
MOTION for Admission Pro Hac Vice of Alex Phillips , Registration fee $ 250, receipt number AUTDC-4655095,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 B. E., Jamie Kilgore. (Attachments: #1 Exhibit Po HAc Vice Application, #2 Text of Proposed Order)(Hull, Jason)
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Filing 18
NOTICE OF ZOOM HEARING ON MOTION re #13 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Notice generated by DAK Chambers): Motion Hearing is set for 5/18/2023 at 02:00 PM before Judge Dale A. Kimball. The hearing will be conducted via Zoom. The parties should not appear in person at the courthouse. The Zoom participation information is as follows:Join ZoomGov Meeting:https://www.zoomgov.com/j/16133447407?pwd=RWtlVFM2c2tmWXZKYUp5NVhTbkZ5UT09Meeting ID: 161 3344 7407Password: 584299One tap mobile +16692545252,,16133447407#,,,,*584299# US (San Jose) +16692161590,,16133447407#,,,,*584299# US (San Jose)Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York)Meeting ID: 161 3344 7407Password: 584299 Find your local number: https://www.zoomgov.com/u/acx9bO8sSS (eat)
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Filing 17
MEMORANDUM in Support re #13 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Easterseals-Goodwill Northern Rocky Mountain. (Smith, Douglas)
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Filing 16
MEMORANDUM in Opposition re #13 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiffs B. E., Jamie Kilgore. (Lang, Trevor)
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Filing 15
ORDER granting #14 Motion for Admission Pro Hac Vice of Attorney Raina C. Borrelli for Plaintiffs, B. E. and Jamie Kilgore.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 Utah's local rules from the court's web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 1/31/2023. (eat)
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Filing 14
MOTION for Admission Pro Hac Vice of Raina C. Borrelli , Registration fee $ 250, receipt number AUTDC-4572853,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 B. E., Jamie Kilgore. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Text of Proposed Order Granting Motion)(Lang, Trevor)
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Filing 13
Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Easterseals-Goodwill Northern Rocky Mountain. (Attachments: #1 Affidavit Declaration of Kilgore Martin, #2 Text of Proposed Order Proposed Order Granting Defendant Easterseals-Goodwill Northern Rocky Mountain, Inc.'s Motion to Dismiss)(Smith, Douglas)
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Filing 12
NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. The case is randomly reassigned to Judge Dale A. Kimball as the presiding judge and automatically referred to Magistrate Judge Cecilia M. Romero under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Cecilia M. Romero is no longer assigned as the presiding judge.(alf)
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Filing 11
RECEIVED Consent/Reassignment Form from Plaintiffs B. E. and Jamie Kilgore. (mh)
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Filing 10
RECEIVED Consent/Reassignment Form from Defendant Easterseals-Goodwill Northern Rocky Mountain. (mh)
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Filing 9
ORDER granting #6 Motion for Extension of Time to Answer #1 Complaint. Answer deadline updated for Easterseals-Goodwill Northern Rocky Mountain to 1/13/2023. Signed by Magistrate Judge Cecilia M. Romero on 12/8/2022. (alf)
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Filing 8
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. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiffs B. E., Jamie Kilgore, Defendant Easterseals-Goodwill Northern Rocky Mountain. Form due by 12/29/2022. (alf)
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Filing 7
NOTICE OF ADR, e-mailed or mailed to Plaintiffs B. E., Jamie Kilgore, Defendant Easterseals-Goodwill Northern Rocky Mountain. (alf)
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Filing 6
Stipulated MOTION for Extension of Time to File Answer re #1 Complaint, filed by Defendant Easterseals-Goodwill Northern Rocky Mountain. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion for an Extension of Time to Respond to the Complaint) Attorney Douglas C. Smith added to party Easterseals-Goodwill Northern Rocky Mountain(pty:dft)(Smith, Douglas)
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Filing 5
SUMMONS Returned Executed by Jamie Kilgore as to Easterseals-Goodwill Northern Rocky Mountain served on 11/23/2022, answer due 12/14/2022. (Lang, Trevor)
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Filing 4
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 11/23/2022. (alf)
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Filing 3
Summons Issued Electronically as to Easterseals-Goodwill Northern Rocky Mountain. 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 2
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Raina C. Borrelli, for Plaintiffs B. E., Jamie Kilgore (ks)
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Magistrate Judge Cecilia M. Romero added. Case number will now read 2:22-CV-728-CMR. Please make changes to document captions accordingly. (ks)
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Filing 1
COMPLAINT against Easterseals-Goodwill Northern Rocky Mountain, Inc. (Filing fee $ 402, receipt number AUTDC-4511634) filed by Jamie Kilgore, B. E.. (Attachments: #1 Exhibit 1 (Breach Notice), #2 Exhibit 2 (Email), #3 Civil Cover Sheet CCS) (Lang, Trevor)
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