Bryner et al v. Rust-Oleum et al
| Jaden Bryner and Alexandra Bryner |
| Rust-Oleum, Rust-Oleum Sales Company, RPM International, RPM Consumer Holding and Ball Corporation |
| 2:2023cv00013 |
| January 6, 2023 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Ted Stewart |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2023. A more recent docket listing may be available from PACER.
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Filing 35
MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support of RPM Defendants filed by Defendants RPM Consumer Holding, RPM International, Rust-Oleum, Rust-Oleum Sales Company. (Attachments: #1 Exhibit 1 - Declaration of Janeen Kastner)(Spencer, Sarah)
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Filing 34
ANSWER to Complaint with Jury Demand filed by Ball Corporation.(Biddulph, Blake)
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Filing 33
ORDER granting #32 Motion for Admission Pro Hac Vice of Attorney Christopher J. Casolaro for Ball Corporation.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 3/3/2023. (mh)
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Filing 32
MOTION for Admission Pro Hac Vice of Christopher J. Casolaro , Registration fee $ 250, receipt number AUTDC-4607159,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 Ball Corporation. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Biddulph, Blake)
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Filing 31
ORDER granting #28 Motion for Admission Pro Hac Vice of Attorney Valerie Lewis for RPM Consumer Holding,Valerie Lewis for RPM International,Valerie Lewis for Rust-Oleum,Valerie Lewis for Rust-Oleum Sales Company.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 Ted Stewart on 3/1/2023. (mh)
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Filing 30
ORDER granting #27 Motion for Admission Pro Hac Vice of Attorney Gregg R. Brown for RPM Consumer Holding,Gregg R. Brown for RPM International,Gregg R. Brown for Rust-Oleum,Gregg R. Brown for Rust-Oleum Sales Company.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 Ted Stewart on 3/1/2023. (mh)
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Filing 29
NOTICE TO DEFENDANTS ONLY OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, 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. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Defendants Ball Corporation, RPM Consumer Holding, RPM International, Rust-Oleum, Rust-Oleum Sales Company. Form due by 3/22/2023. (alf)
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Filing 28
MOTION for Admission Pro Hac Vice of Valerie Lewis , Registration fee $ 250, receipt number AUTDC-4603941,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 RPM Consumer Holding, RPM International, Rust-Oleum, Rust-Oleum Sales Company. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Spencer, Sarah)
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Filing 27
MOTION for Admission Pro Hac Vice of Gregg R. Brown , Registration fee $ 250, receipt number AUTDC-4603831,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 RPM Consumer Holding, RPM International, Rust-Oleum, Rust-Oleum Sales Company. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Spencer, Sarah)
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Filing 26
ANSWER to Complaint with Jury Demand filed by Rust-Oleum, Rust-Oleum Sales Company.(Spencer, Sarah)
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Filing 25
ORDER granting #24 Motion for Extension of Time to Answer. The Court extends the deadline for Defendants RPM International, Inc., and RPM Consumer Holding Co.'s answer or other responsive pleading through and including March 7, 2023 Signed by Magistrate Judge Jared C. Bennett on 2/24/2023. (mh)
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Filing 24
MOTION for Extension of Time to File Answer re #2 Complaint and Memorandum in Support filed by Defendants RPM Consumer Holding, RPM International. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Spencer, Sarah)
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Filing 23
ORDER granting #22 Motion for Extension of Time to Answer. The deadline for Defendant Ball Corporation to respond to Plaintiff's #2 Complaint is extended up to and including March 3, 2023. Signed by Magistrate Judge Jared C. Bennett on 2/21/2023. (mh)
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Filing 22
Stipulated MOTION for Extension of Time to File Answer Response/Reply as to #2 Complaint filed by Defendant Ball Corporation. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Ramirez, Jessica) Modified by correcting event and text on 2/21/2023 (mh).
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Filing 21
NOTICE of Appearance by Jessica Ramirez on behalf of Ball Corporation (Ramirez, Jessica)
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Filing 20
NOTICE of Appearance by Blake M. Biddulph on behalf of Ball Corporation (Biddulph, Blake)
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Filing 19
ORDER granting #18 MOTION for Extension of Time to File Answer. The Court hereby extends the deadline for Defendants Rust-Oleum Corporation, Rust-Oleum Sales Company, Inc., RPM International, Inc., and RPM Consumer Holding Co.'s #2 answer or other responsive pleading through and including February 27, 2023. Signed by Magistrate Judge Jared C. Bennett on 2/17/2023. (mh)
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Filing 18
MOTION for Extension of Time to File Answer re #2 Complaint and Memorandum in Support filed by Defendants RPM Consumer Holding, RPM International, Rust-Oleum, Rust-Oleum Sales Company. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett. Attorney Sarah E. Spencer added to party RPM Consumer Holding (pty:dft), Attorney Sarah E. Spencer added to party RPM International(pty:dft), Attorney Sarah E. Spencer added to party Rust-Oleum (pty:dft), Attorney Sarah E. Spencer added to party Rust-Oleum Sales Company(pty:dft)(Spencer, Sarah)
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Filing 17
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 2/10/2023. (mh)
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Filing 16
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 Ted Stewart on 2/10/2023. (tlc)
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Filing 15
SUMMONS Returned Executed by Jaden Bryner, Alexandra Bryner as to Rust-Oleum Sales Company served on 1/27/2023, answer due 2/17/2023. (Attachments: #1 Court Issued Summons)(Morris, Nathan)
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Filing 14
SUMMONS Returned Executed by Jaden Bryner, Alexandra Bryner as to Rust-Oleum served on 1/31/2023, answer due 2/21/2023. (Attachments: #1 Court Issued Summons)(Morris, Nathan)
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Filing 13
SUMMONS Returned Executed by Jaden Bryner, Alexandra Bryner as to RPM International served on 1/31/2023, answer due 2/21/2023. (Attachments: #1 Court Issued Summons)(Morris, Nathan)
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Filing 12
SUMMONS Returned Executed by Jaden Bryner, Alexandra Bryner as to RPM Consumer Holding served on 1/31/2023, answer due 2/21/2023. (Attachments: #1 Court Issued Summons)(Morris, Nathan)
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Filing 11
SUMMONS Returned Executed by Jaden Bryner, Alexandra Bryner as to Ball Corporation served on 1/27/2023, answer due 2/17/2023. (Attachments: #1 Court Issued Summons)(Morris, Nathan)
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Filing 10
Summons Issued Electronically as to Rust-Oleum. 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 9
Summons Issued Electronically as to Rust-Oleum Sales Company. 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 8
Summons Issued Electronically as to Rust-Oleum. 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 7
Summons Issued Electronically as to Ball Corporation. 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 6
Summons Issued Electronically as to RPM Consumer Holding. 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 5
Summons Issued Electronically as to RPM International. 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 4
RECEIVED Magistrate Availability Form from Plaintiffs Alexandra Bryner, Jaden Bryner. (alf)
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Filing 3
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- 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 is available to conduct proceedings in this case, including a jury or bench trial and entry of a final judgment. The magistrate judge may preside over this case only after the relevant parties voluntarily sign and return the Consent Form. To have a magistrate judge preside over this case, please complete and return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail to the address on the form. Please do not e-file the Consent Form in the case docket. Notice e-mailed or mailed to Plaintiffs Alexandra Bryner, Jaden Bryner. (Notice generated by Court) Form due by 1/27/2023. (ks)
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4549754) filed by Jaden Bryner, Alexandra Bryner. (Attachments: #1 Exhibit 1 Civil Cover Sheet) (Morris, Nathan)
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Filing 1
Case has been indexed and assigned to Judge Ted Stewart. Plaintiffs Alexandra Bryner, and Jaden Bryner 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. (ks)
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