Liston v. Julien's Pest Control et al.
| Brad Liston |
| Julien's Pest Control doing business as Evolve Pest Control, Nephi Julien and Shad Teerlink |
| 2:2023cv00060 |
| January 24, 2023 |
| US District Court for the District of Utah |
| Dustin B Pead |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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Filing 39
SECOND NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Robert D. Sweetin, for Defendants Nephi Julien, Julien's Pest Control, Shad Teerlink. (alf)
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Filing 38
SCHEDULING ORDER: Expert Discovery due by 7/3/2023. Motions due by 8/3/2023. See order for other dates and deadlines. Signed by Magistrate Judge Dustin B. Pead on 2/27/2023. (alf)
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Filing 37
Stipulated MOTION for Scheduling Order filed by Plaintiff Brad Liston. (Attachments: #1 Attorney Planning Meeting Report)(Sumsion, Steven)
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Filing 36
STRICKEN REPORT OF ATTORNEY PLANNING MEETING. (Sumsion, Steven) Modified by striking entry per conversation with counsel and the new entry of #37 for review on 2/24/2023 (mh).
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Filing 35
NOTICE OF WITHDRAWAL OF COUNSEL of The Faux Law Group filed by Kurt C. Faux on behalf of Brad Liston (Faux, Kurt)
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Filing 34
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 1/25/2023. (alf)
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Filing 33
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Robert D Sweetin, for Defendants Nephi Julien, Julien's Pest Control and Shad Teerlink. (mh)
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Filing 32
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Jordan Ford Faux, for Plaintiff Brad Liston. (mh)
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Filing 31
Case transferred in from USDC of Nevada; Case Number 2:21-cv-02229. Original file, certified copy of transfer order and docket sheet received. USDC District of UT Case Number 2:23-cv-00060 assigned to Magistrate Judge Dustin B. Pead.
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Filing 30
ORDER Granting #29 Stipulation to Transfer Action to District Court of Utah. Signed by Judge James C. Mahan on 1/23/2023.(Copies have been distributed pursuant to the NEF - LOE) [Transferred from Nevada on 1/24/2023.]
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Filing 29
STIPULATION to Transfer Action by Defendants Nephi Julien, Julien's Pest Control, Shad Teerlink. (Sweetin, Robert) (other) (presiding) [Transferred from Nevada on 1/24/2023.]
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Filing 28
MINUTES OF PROCEEDINGS - Motion Hearing held on 1/9/2023 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro; Pla Counsel: Steve Sumsion; Def Counsel: Robert Sweetin; Recording start and end times: 11:00 - 11:06 am; Courtroom: 3D; Plaintiff and Plaintiff's counsel appeared via videconference for this hearing. The Court makes preliminary remarks and hears representations of counsel. IT IS ORDERED that #20 Motion for Entry of Clerks Default is DENIED. IT IS FURTHER ORDERED that the Discovery Plan/Scheduling Order is due by January 23, 2023. (Copies have been distributed pursuant to the NEF - TR) [Transferred from Nevada on 1/24/2023.]
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Filing 27
RESPONSE to #20 Motion for Entry of Clerks Default, by Defendants Nephi Julien, Julien's Pest Control, Shad Teerlink. Replies due by 1/16/2023. (Sweetin, Robert) [Transferred from Nevada on 1/24/2023.]
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Filing 26
First ANSWER to #10 Amended Complaint, filed by Nephi Julien, Julien's Pest Control, Shad Teerlink.(Sweetin, Robert) [Transferred from Nevada on 1/24/2023.]
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Filing 25
ORDER Granting #23 Motion for Leave to Appear via Webex. See order for further details. Signed by Magistrate Judge Cam Ferenbach on 1/4/2023. (Copies have been distributed pursuant to the NEF - LOE) [Transferred from Nevada on 1/24/2023.]
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Filing 24
Submission of PROPOSED ORDER on #23 Motion for Leave to Appear Telephonically by Plaintiff Brad Liston.. (Sumsion, Steve) [Transferred from Nevada on 1/24/2023.]
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Filing 23
Emergency MOTION for Leave to Appear Webex, Attorney Steve Sumsion, re #22 Order, by Plaintiff Brad Liston. Responses due by 1/17/2023. (Sumsion, Steve) (presiding) [Transferred from Nevada on 1/24/2023.]
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Filing 22
ORDER. IT IS HEREBY ORDERED that an in-person hearing on the motion for entry of clerk's default ECF NO. #20 , is scheduled for 11:00 AM, January 9, 2023, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 12/21/2022. (Copies have been distributed pursuant to the NEF - LOE) [Transferred from Nevada on 1/24/2023.]
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Filing 21
Submission of PROPOSED ORDER on #20 Motion for Entry of Clerks Default, by Plaintiff Brad Liston.. (Sumsion, Steve) [Transferred from Nevada on 1/24/2023.]
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Filing 20
MOTION for Entry of Clerk's Default Judgment by Plaintiff Brad Liston. Responses due by 12/7/2022. (Attachments: #1 Declaration DECLARATION OF JOHN HARLOW IN SUPPORT OF DEFAULT JUDGMENT, #2 Affidavit DECLARATION OF ATTORNEYS FEES AND COSTS)(Sumsion, Steve) [Transferred from Nevada on 1/24/2023.]
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Filing 19
ORDER Denying #16 Motion for Default Judgment. Signed by Judge James C. Mahan on 11/21/2022. (Copies have been distributed pursuant to the NEF - LOE) [Transferred from Nevada on 1/24/2023.]
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Filing 18
Submission of PROPOSED ORDER on #16 Motion for Default Judgment by Plaintiff Brad Liston.. (Sumsion, Steve) [Transferred from Nevada on 1/24/2023.]
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Filing 17
DECLARATION re #16 Motion for Default Judgment by Plaintiff Brad Liston.. (Sumsion, Steve) [Transferred from Nevada on 1/24/2023.]
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Filing 16
MOTION for Default Judgment by Plaintiff Brad Liston. Responses due by 11/17/2022. (Sumsion, Steve) [Transferred from Nevada on 1/24/2023.]
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Filing 15
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on September 21, 2022.RE: MOTION to Dismiss (ECF No. #7 )WHEREAS defendants Nephi Julien, Juliens Pest Control, and Shad Teerlink ("defendants") filed a motion to dismiss plaintiff Brad Liston's ("plaintiff") complaint pursuant to Rule 12(b)(6). (ECF No. #7 ). It is well-established doctrine that an amended pleading supersedes the original pleading. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Since defendants motion to dismiss was based on plaintiffs original complaint (ECF No. 1), the motion is now moot.Accordingly, IT IS HEREBY ORDERED, ADJUDGED, and DECREED, that defendants' motion to dismiss (ECF No. #7 ) be, and the same hereby is, DENIED, as moot.(no image attached)(Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 1/24/2023.]
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Filing 14
ORDER Granting #13 Motion to deem admitted. Signed by Magistrate Judge Cam Ferenbach on 9/21/2022. (Copies have been distributed pursuant to the NEF - LOE) [Transferred from Nevada on 1/24/2023.]
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Filing 13
MOTION to Have Requests for Admission Deemed Admitted by Plaintiff Brad Liston. Responses due by 9/9/2022. (Faux, Jordan) (misc) (nondispositive) [Transferred from Nevada on 1/24/2023.]
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Filing 12
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on April 20, 2022.RE: Stipulation and order to continue out remaining procedural deadlines (ECF No. #11 ) Before the court is the parties' stipulation to "continue out all remaining procedural deadlines" in this case for three (3) weeks, to allow the parties to seek a change of venue to the United States District Court of Utah. The parties do not specify which procedural deadlines they would like to continue, and the court finds this inappropriately vague. Accordingly, the court hereby DENIES the parties' stipulation to continue (ECF No. #11 ) without prejudice. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 1/24/2023.]
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Filing 11
First STIPULATION TO CONTINUE (First Request) Remaining Procedural Deadlines by Defendants Nephi Julien, Julien's Pest Control, Shad Teerlink. (Sweetin, Robert) [Transferred from Nevada on 1/24/2023.]
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Filing 10
First AMENDED COMPLAINT against All Defendants by Brad Liston. No changes to parties. (Attachments: #1 Exhibit A: Sales and Marketing Contract, #2 Exhibit B: Aron Pierce Statement, #3 Exhibit C: Wilder Parkhurst Statement, #4 Exhibit D: John Scott Harlow Statement, #5 Exhibit E: Sept. 1, 2021 Email from Teerlink and Julien to Liston, #6 Exhibit F: Text Messages) (Faux, Jordan) [Transferred from Nevada on 1/24/2023.]
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Filing 9
ORDER granting #5 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Steven R. Sumsion and DESIGNATION of Local Counsel Kurt C. Faux. Signed by Judge James C. Mahan on 3/1/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRS) [Transferred from Nevada on 1/24/2023.]
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Filing 8
NOTICE of Corrected Image/Document re #5 Motion for Permission to Practice Pro Hac Vice - Verified Petition for attorney Steven R. Sumsion, by Plaintiff Brad Liston. (Service of corrected image is attached.) (Faux, Kurt) [Transferred from Nevada on 1/24/2023.]
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Filing 7
MOTION to Dismiss by Defendants Nephi Julien, Julien's Pest Control, Shad Teerlink. Responses due by 3/8/2022. Discovery Plan/Scheduling Order due by 4/8/2022. (Sweetin, Robert) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 1/24/2023.]
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Filing 6
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 2/3/2022. By Deputy Clerk: A. Reyes. Re: #5 Motion for Permission to Practice Pro Hac Vice - Verified Petition. ERROR: The Notary Public's date signed is incorrect. CORRECTION:The Notary Public shall correctly date, sign her/his name and apply her/his Notary Seal. Attorney Kurt Faux is to file the corrected Motion /Verified Petition using the Notice of Corrected Image/Document event and link to document #5 . (no image attached) (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 1/24/2023.]
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Filing 5
View Corrected Image #8 as to MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Steven R. Sumsion and DESIGNATION of Local Counsel Kurt C. Faux (Filing fee $ 250 receipt number 0978-6780043) by Plaintiff Brad Liston. (Faux, Kurt) Modified on 2/24/2022 (EDS). [Transferred from Nevada on 1/24/2023.]
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Filing 4
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Steven R. Sumsion to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 1/5/2022. (no image attached) (KF) [Transferred from Nevada on 1/24/2023.]
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Filing 3
SUMMONS ISSUED as to Nephi Julien, Julien's Pest Control, and Shad Teerlink re #1 Complaint. (Attachments: #1 Summons, #2 Summons) (KF) [Transferred from Nevada on 1/24/2023.]
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Case randomly assigned to Judge James C. Mahan and Magistrate Judge Cam Ferenbach. (KF) [Transferred from Nevada on 1/24/2023.]
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Filing 2
CERTIFICATE of Interested Parties by Brad Liston. There are no known interested parties other than those participating in the case (Faux, Jordan) [Transferred from Nevada on 1/24/2023.]
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Filing 1
COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6740147) by Brad Liston. Proof of service due by 3/21/2022. (Attachments: #1 Exhibit A: Sales and Marketing Contract, #2 Exhibit B: Aron Pierce Statement, #3 Exhibit C: Wilder Parkhurst Statement, #4 Exhibit D: John Scott Harlow Statement, #5 Exhibit E: Sept. 1, 2021 Email from Teerlink and Julien to Liston, #6 Civil Cover Sheet Civil Cover Sheet, #7 Summons Summons: Julien's Pest Control dba Evolve Pest Control, #8 Summons Summons: Shad Teerlink, #9 Summons Summons: Nephi Julien) (Faux, Jordan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 1/24/2023.]
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